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At a general convention, of delegates, "duly authorized for that purpose," held at New Echota, in the Cherokee Nation, July 26, 1827, a constitution, was adopted for the nation, predicated upon their assumed sovereignty and independence as one of the distinct nations of the earth. Such an instrument could not fail of exciting to the highest pitch the feelings and animosity of the authorities and people of Georgia.

Georgia's opinion of the Indian title.—Governor Forsyth inclosed304 a copy of the "presumptuous" document to the President, at the same time desiring to know what the United States proposed to do about the "erection of a separate government within the limits of a sovereign State."

He also inclosed the report of a committee and the resolutions of the legislature of Georgia predicated thereon as exhibiting the sentiments of that body on the subject. This committee, in reporting to the legislature the results of their investigations, assert that anterior to the Revolutionary war the Cherokee lands in Georgia belonged to Great Britain, and that the right as to both domain and empire was complete and perfect in that nation. The possession by the Indians was permissive. They were under the protection of Great Britain. Their title was temporary, being mere tenants at will, and such tenancy might have been determined at any moment either by force or by negotiation, at the pleasure of that power. Upon the close of the Revolution, Georgia assumed all the rights and powers in relation to the lands and Indians in question previously belonging to Great Britain, and had not since divested herself of any right or power in relation to such lands, further than she had in respect of all the balance of her territory. She was now at full liberty and had the power and the right to possess herself, by any means she might choose, of the lands in dispute, and to extend over them her authority and laws. Although possessing this right, she was averse to exercising it until all other means of redress had failed. She now made one other and last appeal to the General Government to open negotiations with the Cherokees on this subject. If no such negotiation should be opened, or if, being opened, it should result unsuccessfully, it was recommended to the next legislature of Georgia to take immediate possession of the disputed territory and to extend her jurisdiction and laws over the same. In a spirit of liberality, however, it was suggested that, in any treaty the United States might make with the Cherokees, Georgia would agree to allow reserves to be made to individual Indians not exceeding in the aggregate one-sixth part of the entire territory in dispute. Should the Indians still refuse to negotiate, they were solemnly warned of the unfortunate consequences likely to follow, as the lands belonged to Georgia, and that she must and would have them.

A resolution of the House of Representatives of the United States, in the month of March following, calling upon the President for information upon the subject, brought forth305 copies of all the correspondence relative to the matter, and the distinct avowal that the records of the United States failed to show any act of executive recognition of the new form of Cherokee government, but that, on the contrary, their status toward the United States was regarded as not in the slightest degree changed.