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COW REMSIOUL.
« J
IN SENATE.
Monday, January 19, 1838-
CHEROKEE MEMORIAL.
Mr. I mmpkin said, in compliance
with a resolution of the senate, a
communication from the War De
partment has been made, and has
been lying on your table for a week
or more past, furnishing copies of
the correspondence held with that
Department in connection with the
subject of the execution of the ehc
rokee treaty of 1835.
Mr. Tipton inquired if the docu
ment which the senator referred to
was the memorial of John Ross and
others, presented at the last session,
and laid on the table.
Mr. Lumpkin replied that it was
not, and again explained the nature
of the document.
My object (continued nr. Lump
kin,) in rising at this time, is to ask
for the printing of the communica
tion referred, to, together with the
accompany correspondence. Altho'
I have not had an opportunity of ex
amining fully, what lias been com
municated upon this subject, I take
it for granted that the requirements
of the resolution have born complied
with; and if so, I deem it important
that the Senate ami the country
should, without delay, be put in pos
session of the information commu
nicated. The importance which I
attach to having this information dif
fused, arises from the consideration
that it w ill tend effectually to disa
buse the minds of those who labor
tinder the misapprehension which
has been created by Mr. John Ross
and his associates in regard to the
validity of the treaty referred to.
While Mr. Ross continues to pro
test against the validity of the treaty,
and is re nonstrating t »every depart
ment of tho Government against its
execution, this communication will
show that the Government not only
considers the treaty the supreme law
of the land, but has steadily progres
sed in its execution, and that the trea
ty has actually, to a very great ex
tent, been already executed. That
much, very much, has been done to-
wards the execution of the treaty,
which cannot be undone.
With me, sir, the present condi
tion of the Cherokee people is a sub
ject of great solicitude. In w hatev
er light I maybe viewed here or
■elsewhere in regard to my feelings
and policy towards this people, I am
that the day will come,and
is not now far distant, when my
course of policy towards these peo
ple, from the first to last, w ill receive
the general approbation of all those
who are well informed on the sub
ject. At tiiis moment, sir, nothing
hinders the consulnation of this trea
ty with the Cherokee people, which
would make them not only comfor
table, but place within their reach,
! the means of making them the most
independent and best provided lor
people of any community in these
United States, but the opposition of
Mr. John Ross and his associates,
aided as they are by many influential
and talented individuals, whom 1 am
forced to believe are laboring under
great misapprehension, in regard to
the true state and condition ol these
people, and the impending dangers
| which are threatening them at the
; present moment.
This treaty, sir, lias been made
and ratified according to the forms
of our Constitution. It was negoti
ated with a delegation of the Chero
kee people, who, in point of intelli
gence, patriotism, education, moral-
I ity and probity of character, will not
only bear a fair comparison with
Mr. Ross and his delegation, now
perhaps in the hearing of my voice,
but they v ould gain by a comparison
with any delegation ol the aboriginal
race who have ever negotiated and
signed a treaty w ith the U. States.
1 have seen, and read, sir, Mr.
i Ross’s memorial, and its appendages
to the present Congress, which has
bet'll printed by the other branch ol
Congress, and laid upon our tables.
In that memorial, he greatly dero
gates from th<xcharacter, <ind im- 1
pugns the motives ol the individuals
w ho negotiated and signed the treaty
of 1835. And that document being
printed and circulated by order ol
one branch of Congress, I will now
notify the Senate that 1 have in my
possession a document, written by
Mr. Elias Boudinot, late Editor of
the Cherokee Phoenix, and one of
the principal agents who negotiated
and signed the late treaty of 1835, in
the nature of a reply to the various
allegations contained in lhe w ritings
of Mr. Ross herein referred to. Mr.
Boudinot is a man of education, re
finement, probity, and high moral
sense and character, and at. all times
been the able and efficient advocate
and defender of the rights of his peo
ple. 11c has been with them in their
six troubles, and is not disposed to
forsake them in their seventh. If
left to his guidance, lie would gently
lead them out of all the difficulties
by which they are now surrounded,
and plant them in a land of excellent
promise. Mr. Boudinot is not only
a nominal Cherokee; he is identified
bv blood and feeling with these peo
ple. having but little mixture of the
white blood in his veins.
The propriety of printing the
communication, and reply to which
1 have adverted, arises from lhe fact
that the Cherokee people are kept
ina state of delusion and misappre
hension m regard to their present
condition. They unfortunately be
hove that Mr. Ross is here, doing
something to abrogate or overturn
the late treaty, and no doubt many
of then: believe that no valid treaty
has been made. This is a ruinous
W 2 .*» d o m , Jn.sli cc, aeh d Jllodcrat i o eh.
ROJIE, FLOYD COUNTV, GEORGIA, FEBRUARY 17, SS3B*
delusion to these unfortunate people,!
for the time is now drawing to a
close when they must take their de
parture for their new homes in the
West. The time stipulated for their
final departure in May next ; and
when the time arrives, go they must;
no power can abrogate or overturn
this treaty. And these people in
stead of being kept back by the ope
rations of Mr. Ross, ought to yield
to the advice of better friends, who
stand ready to take them by the hand
and lead them forth to their promis
ed land of rest, where I trust these
unfortunate people will cease to bej
troubled by the white population. 1
Payments have been made under the
provisions of this treaty to a very
large amount. Nine-tenths of the
most intelligent and wealthy Chero-'
kees have availed themselves of the
advantageous and liberal provisions
of the treaty, and have become reci
pients under its provisions, and have
and are going to the West. T'iie
only difficulty is with the ignorant
and deluded, who are still looking to
the operations of Mr. Ross and his
delegation, who. 1 understand, still
remain here, and I am informed are
writing letters home that* their pros
pects arc encouraging. Now, every
one here very well knows that this
treaty will be executed; but these un
fortunate Cherokees are still deluded
through the channel pointed out.
Mr. Tipton now understood the
document to which the Senator from
Georgia alluded, and was highly in
favor of printing it. Not understand
ing at the document was
that the Senator w ished to print, ho
was under the impression that it was
the memorial of John Ross, whose |
conduct in staying in this city, and
writing home letters to his people, to
induce them to oppose obstacles in
'the way of the execution of the trea
ty, was producing the most injurious!
effects, not only to the Cherokees
’ themselves, but to the Government.
'As this treaty had been executed al
' most entirely, with the exception on
ly of so far as related to that smal
; portion of the tribe yet adhering to
John Ross, he thought it highly de
sirable that that the documents
I should be published, that the coun
try might properly appreciate its be
neficial tendencies—that the perni
cious counsels of John Ross might
be counteracted, and that it might be
shown to the world at large, that the
Government w as resolutely determi
ned, mildly, but firmly, to carry out
with the people its benevolent policy
1 of removing them from their present
dangerous situation, without which
it is impossible the race can be pre
preserved.
The question Mien being taken on
printing 500 extra copies of the com
munication from the War Depart
ment. it was agreed to.
Mr. Lumpkin then offered the fol
low ing resolution, w hich was consi
dered and adopted :
Whereas, A memorial, accompa
nied by various other documents, of
a delegation of the Cherokee nation
of Indians, remonstrating against the
validity of the Cherokee treaty of
1835, has been printed by order of
the House of Representatives; ad
whereas said memorial and docu
ments not only call in question the
validity of said treaty, but greatly de.
rogatc from the character, and im.
pugn the motives, of thosef individu
als ol the Cherokee nation w4jo ne
gotiated and signed said treaty on
the part of the nation.
And whereas, Elias Boudinot,late
editor of the Cherokee Phoenix, and
one of the principal ag nts ol the
! Cherokee nation, who negotiated
and signed said treaty, has written
a reply to the various allegations set
forth in the memorial referred to : j
therefore be it
Resolved, That fifteen hundred
copies of the reply of Mr. Boudinot
referred to, be published for the use
of the Senate.
house of Representatives.
Monday, January 22, 1S38:
CHE ROK E E M E MOR IA L.
Mr. Everett moved that the House
take up the memorial of a Delega
' tion of the Cherokee nation, rcmon
-1 strating against the treaty of New*
Ecliota of December, 1835. present
ed by him on monday last, and ly
ing over.
Mr. E. explained that ho did not
desire to debate it, but merely to
move its reference to the Committee
on Indian Allairs.
Mr. Owens objected to the memo
rial being taken up, and called for
the yeas and nays on the-motion,
which were ordered.
Mr. Crambreleng inquired wheth
er it would not be in order for the
gentleman to submit this motion
when the State of Vermont should
be called for petitions.
The Chair replied that it wms c
qually in order now.
Mr. Cambreleng inquired further
whether the memorial would not
come up as a matter of course w hen
that State was called, having been
presented by a gentleman therefrom.
The Chair replied that it would
not under the new rules.
The House determined to consi
der the memorial—yeas 83, nays,
83. ..
Mr. Everett then moved to refer
the memorial to the Committee on
Indian Affairs, with instructions “to
report the facts in the case.”
Mr. Haynes moved to lay the
whole subject on the table.
Mr. Everett called for the yeas
and nays on that motion, which were
ordered.
Mr. Wise inquired if it would be
in order to call for the reading of
the memorial.
The ( hair replied that it would
not. on a motion to lav on the table.
Mr. W ise wished to know how
the House could vote understanding
ly on a subject it had never heard
read.
The chair said the question had
been so decided by his predecessor
and assented to by the House.
Mr. Owens informed the gentle
man from Virginia, that the memori
al, and all the accompanying papers
had been printed under the order ol
the House, and laid on lhe table of
the members.
The motion to lay on the table
was decided in thj/ negative —yeas,
93, nays 91.
So the House refused to lay the
subject on the table, and the ques
tion recurring on Mr. Everetts mo
tion to commit with the instruction.
Mr. Haynes rose, and said that il
they were to have a Cherokee war,
he believed it was as well to have it
then as at any other stage of the pro
ceedings, and he therefore moved
the indefinite postpondment of the
whole subject.
Mr. Everett was unwilling logo
into a discussion of this matter be
fore the facts of the case were re
ported upon; but if we must have a
discussion at this time, he would take
occasion to make a tew remarks at
present in relation to tin/memorial.
He considered it a question of very j
great magnitude, of perhaps as great
magnitude as any which would pre-
sent itself to the consideration o
the House at the present session’
and he was surprised to find that mo
itionS should be made to lay it upOD
| the table for the purpose of prevent
i ing a hearing of these petitioners.
'Die question was of importance,
not only so far as it related to the
rights of the Cherokees, but so far
as it related to the character of the
American Government. There were
! many things which recommended the
' memorialists to lhe favorable consi
deration of the House. This tribe
has at all times been friendly to the
| United States, and he was gratified
to sec it stated, in a speech of’ an of
ficer of the Government, that they
had stood side by side w ith us here
tofore, fighting for the common cause
jof liberty; and on this ground ho
looked upon them as being entitled
to the consideration of the House
and the nation. It was also to be
recollected, that these people had ar
rived at a high state of civilization,
nearly as much so as those of our
inhabitants in that vicinity. This
treaty, then, which they complain of
when carried into force, proposes to
remove them from their homes w hich,
have been _'m proved and made com
fortable, and send them into the wil
derness to seek new abodes. This
! scorned to be doing them injustice,
and of all the various species of in
justice, that is the most intolerable;
which cloaks itself under legal forms
| There might be great injustice done
to these people from other causes,
but they were as nothing compared,
with this which they now complain
of. We to be sure have a treaty,
and that treaty has been ratified by
the Senate, but they assert that this
treaty was not the act of the nation,
and they ask this House to inquire
I into the facts of the case. 'I hey state
that their nation consists of about
eighteen thousand persons, while the
treaty was made by about eighty, and
that this eighty were unauthorized
by the nation. Now the Govern
ment had evidence of a treaty being
made, but as it was not made by
the Cherokee nation, as these me
morialists represented, he would ask
whether it would bo expedient to
plunge the country in a war, for the
purpose of carrying it into effect. At
any rate, he trusted the House would
not refuse to consider this memorial
and inquire into the facts set forth by
the memorialists.
'Die Chair here announced that
the hour had arrived for proceeding
to the special order ol the day.
Mr. Hopkins gave notice of a mo
tion to reconsider the vote refusing
to lay the subject on the table.
'Die (’hair having entertained the
motion by directing its entry on the
journal.
Mr. Mercer raised the point of
order, that the motion could not in
tervene in the remarks of the gentle
man from \ ermont, mid insisted up
on the entry of his objection on the
journal. ,
The subject was then ordered to
lie over, tin? special order coming
up.
r I he Convention of the Southern
Delegation (says the correspondent
of the Southern Patriot,) were again
in session on Saturday, but no reso
lution or further mode of action was
decided upon. It is rumored that
they w ill shortly prepare and present
a report to the country, on the exi
gency which has brought them to
gether.
Vol. L“" 5.