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TWJBNTI'-FIFTBS CO.WCmRESS,
SECOND SESSION.
IN SENATE.
Monday, March 20, 1838. i
Cherokee Treaty.
Mr. Southard presented a memorial, ad
dressed to Congress, and signed by the deputa
tion of the Cherokee Indians now in Washing
ton, making representations and complaints in
regard to their situation under the late alleged
treaty, and praying Congress in some mode to
interfere for their relief.
Also, a memorial against the enforcement of
the treaty, directly from the Cherokee nation,
with the signatures of 15,665 persons o. that
nation.
Mr. S. moved that these memorials be prin
ted, and referred to the committee on Indian
Affairs.
Mr. Lumpkin said: Mr. President, I must
express my deep regret at the introduction of
this subject here by the Senator from New
* Jersey, [Mr. Southard.] Even to entertain,
and discuss this subject here, at this time, is
pregnant with much mischief. But the sub
ject being thus far forced upon the attention of
the Senate, I wish to give to it that direction
which will be productive of the least mischief,
which will be, to lay the whole subject on the
table, with an understanding that it will not
again be taken up in the Senate.
It is proper, however, that, before I make
this motion, I should ask the ear of the Senate,
while I explain, in a brief manner, why the
Senate should, in a prompt and decisive man
ner, put to rest al! hopes and expectations of.
the Cherokee people, that John Ross can effect
the slightest change in the determination of
the Federul Government, to execute the Cher
okee treaty of 1835. Neither would 1 wish
to make this motion to th© preclusion of other
gentlemen who may desire to say something
on this subject.
Sir, this Cherokee treaty, which is the sub
ject matter of complaint with John Ross and
his friends, who are now in hearing of my
voice, was negociated Fby a highly qualified
and competent delegation of the Cherokee poo
pie, in the latter part of the year 1835. In
the early part of the year 1836, the treaty
was thoroughly discussed in this Senate, and
received its ratification in due form. Moreov
er, the large appropriations necessary to carry
it into effect were discussed in both branches
of Congress, in the face of the opposition of
Mr. Ross and his political friends, and receiv
ed the sanction of Congress. From that time,
the execution of the trea’y commenced, and
has progressed with as much success as could ,
bo expected, under all the opposing circum-'
stances. Mr. Ross and his associates have not ‘
been able to keep back the intelligent portion ,
of the Cherokee people from acceding to the 1
treaty, and becoming recipients under its pro-
• • ’ xr • a
visions. Yes, sir. nine-tentns ot the intelli
gent Cherokees have emigrated to the West
under the provisions of this treaty, or are pre
paring to go.
Amongst the emigrants, you will find An
drew Ross, the brother of John; Thomas F.
Taylor, the son of Richard Taylor, who is
now’ here as one of John Ross s delegation;
and John Gunter, the brother of the Gunter’s
who are now here aiding John Ross in his pro
jects of mischief. Yes, sir, the nearest and
most of the connections of these very men have
not only yielded to this treaty, and are now
settled in the West, happy and contented, but
have corresponded with me, and assured me
of their satisfaction with their change of resi
dence- Indeed, sir, they are now zealous
friends of the treaty, although at the time of its
formation, Taylor and others were violently
opposed to it.
There is no difficulty in regard to executing
this treaty with the intelligent portion of the]
Cherokee people, except what has been produ-1
Cod by this man John Ross, who claims to be.
principal chief of flie Cherokee people, and his
pliable delegation now here. 'Die opposing
Indians, now, are ignorant and uninformed,
and these would long since have cheerfully
yielded, and have emigrated, but for the wick
ed and mischievous operations of this man John •
Ross, and his immediate associates.
Since the ratification of the treaty, I pre- I
same this man Ross has spent more than one
half of his time in and about this place, under
the pretence of doing something which would
abrogate or change this treaty. Unfortunate- j
ly, he has been permitted to hold too much (
’correspondence with the Executive Officers of
this Government, and received too much coun
tenance from members of Congress, which has
been calculated to keep up the delusion that
the treaty would not be executed without his
consent or approbation. Sir, 1 have been in
timately connected with this subject. I have
been in a position, in connection with the exe
cution of this treaty, which enables tnc to un- ’
derstand things as they actually exist; and but
for this man Ross, and his aiders and abettors,
these unfortunate Cherokees would now have!
been quietly enjoying the benefits of this most I
liberal and benefieient treaty nt their settled;
homes in the Wes*. Hundreds and thousands'
of these people arc this day passively waiting!
to receive the permission of Ross to leave their
present abodes and go West. Whole neigh
borhoods of the Cherokees have repeatedly
made up their minds to yield to the treaty, and
commenced making their preparations accor
dingly, when news would go from John Ross
and hi-' associates here, that Ross was nego-'
ruling a new treat?, and that the present trea
ty was undergoing modification or change, and ,
the Indians urged not to yield to the present
treaty or to the advice o c the agents of the Go- j
vwrnmcnt engaged in its execution; and thus,
repeated stops have been put to emigration, j
The countenance given to this delusion by
Congressmen and those high in authority, is
fraught with the most serious evils. It threat-'
ens destruction and' extermination to the rem
nant of this once mighty race. The twenty
third of May next, now less than two months
hence, and these people, so far as Georgia is
concerned, must go, and go quickly. Ihe cit
izens of Georgia hold grants for the lands on
which these Indians now reside in that State,
and the guarantees are legally authorized by |
the laws of the State, as well as the treaty, to I
take possession of their lands on and after the
twenty-third of May next; and, sir, the posses
sion they will take, and the Indians will then
truly be forced out of house and home. Geor
gia and the Georgians have long since been
accused of having taken possession of all the
Indian lands, houses and homes. But, sir, this
was not true; it was one of the many slanders
which has been propagated to disparage the
State which I have the honor to represent.—
We have treated the Indians with all the kind
ness and forbearance which their interest re
quired. But, sir, whatever conflict may arise,
after the 23d of Alay, Georgia must and will,
be speedily relieved from this long-standing
and vexatious perplexity. If the execution of
this treaty is longer resisted, whatever evil
may ensue, the just responsibility is chargea
ble to this man, Ross, and his associates, and
to those who encourage his delusive hopes, and
not to my constituents, or the authorities of
the State which I represent. So far from a
voiding, I would desire the most thorough in
vestigation of this treaty, its execution, and
every transaction connected with the subject.
Ruf,sir,l will never consent to any investigation
which shall retard the execution of the treaty,
I so far as the removal of the Indians is concer
ned. They must go, or evil will come of it.
I have in my possession various communica
tions from officers and agents of the Govern
ment, as well as other citizens, all going to sus
i tain the fact that the Indians will not emigrate,
so long as this man, Ross, continues to commu
nicate (orcauses it to be done) that he is do
ing, or expects to do something here to change
the provisions of the treaty. From the begin
ning, nothing but the fallacious hope that this
treaty would not be strictly executed, has pre
vented the Cherokee people from yielding to it
with great unanimity. This subject is not
now within the jurisdiction of Congress; it be
longs to the Executive Government; and if this
treaty fails of Execution, to that branch ol the
Government I shall charge the failure, and
shall use my best exertions to prevent the in
terference of the Legislature—that branch of
the Government to which I happen to be at
tached. Bet all the combined powers of the
Federal Government cannot abrogate or
change this treaty without the consent of the
States interested, and that consent will never
be obtained. Honesty is said to bo the best
policy: at any rate, hanesty is a duty.—Then
let us not deceive, but save these people, by
assuring them that the treaty will be executed.
I will forbear, as before intimated, to make
the motion to lay this memorial on the table, to
afford to other gentlemen the privilege I have
exercised myself, of submitting any remarks
which they may have to make on this subject.
I shall not, however, consent to give any oth
er direction to this subject than that which 1
have suggested.
On motion of Mr. Clay of Alabama, the
whole subject was laid on the table—yeas 30, i
nays 10.
From the National Laborer.
i THE CONSTITUTIONAL TREASURY.
This great question is now and has been for
some time past, before the American people.
After the lapse of fifty years, they find them
selves engaged in a struggle to restore that
which Federal cunning and Bank rapacity I
have deprived them of; and it remains to be
proved, whether that struggle is to terminate
■ in the vindication of the Laws and Constitu
i tion, or result in the overthrow of both, and
the erection of a bank Oligarchy on the ruins
of the Republic. We do not despair. There
is a redeeming virtue in the mass on which we
confidently rely, and although corporation
power has corrupted and controls a large por
tion of the press, a spirit of inquiry is abroad;
truth must be elicited, and the plunderers of
I society will in the end be consigned to the ex
j ccration they merit. While the opposition
prints are deceiving and misleading the com
munity, reviling, abusing, and denouncing all
who will not bow down and worship the “Al-
I mighty Dollar,” it is lamentable to perceive
' the supineness and indifference that prevail on
the part of certain Administration papers; '
whose duty it is, like faithful sentinels on the
watch-tower of Liberty to warn the people of
their danger. Can it be that the Demon of
Avarice is in the ascendant, and that the Ge- i
nius of Liberty shrinks before his blighting vi- 1
sage? Have we nothing to struggle for but J
the rates of exchange, and the perpetuity of
j shin-pl Asters? Had the heroes of’76 been go.
verned by such selfish motives, we might still
have been wearing the galling chains of Brit
j ish tyranny.
; The connexion of Bank and State, is in ev
ery view of it, quite as odious if not more per-
I nicious than the Union of Church and State.
While the latter was avoiding because of the
fanatical persecuting and consuming spirit to
which it would have given rise, tl e former
’ was equally dreaded by our wise forefathers,
well knowing as they did, that every appeal to
men’s sordid passions, was calculated to uproot
society and shake the frame of Government to
the centre. Neglecting to profit by their wis
dom, we have allowed the evil to' take root;
the tree has expanded and its branches now
overspread the land. Let the people look to its
; correction ere it be too late.
Hamilton, the Federalist, and to the last a
■ believer in .Monarchical Government, failing
to engraft his aristocratic features on our Con.
solution, original s his paper system—not
doubting out that through its silent and imper-
iCeptiblc inroads, Democracy would eventually 11
be overcome. While the friends of liberal i
principles supposed that they had secured safe
ty by defeating a “life Senate,” and effecting ]
an election by tiie people of the Chief Magis- ;
trateofthe Union, in the General Government;
and by the abolishment of the law of Primoge
| niture and entails on the State organization,
• the enemy were diligently at work, in creating
a power; that power which is now used for the
few and the impoverishment of the many,
which is a scourge to industry, the foe of lib.
erty, and the canker to our moral and politi
cal condition—Bank power.
This power is in the hands of the few. Their
object is gain—and to this they make all things
tributary. Having possession of the “life
blood” of the country, they can stop it or per
mit it to flow at pleasure. Its arteries are at
their command. It is lamentable but never
theless true, that a great and mighty nation,
inhabited by millions of men, calling them
selves free, are in a state of degrading vassal
age to some 800 or 1000 moneyed corpora
tions. These, not content with abusing the
trusts reposed in them, and (urged onward by
that lust which is never satisfied) expanding to
a fearful extent beyond their own means, now
cry out for the people’s money—the money of
the Government that they may still further
pursue a career of speculation and fraud, with
out a parallel in the history of civilized nations,
and which has already polluted the country,
and must, if permitted, end in total demorali
zation.
The constitutional Treasury is the first step
towards the correction of this evil. It will de
prive the monopolists of the money of the poo
pie, by which heretofore they have the more
extensively plundered the people. It will drive
them back to their own resources, and operate
as a wholesome check, preventing them from
gambling in the business of the country; sav
ing the really industrious and meritorious ar
tizan, mechanic, merchant and all others, from
the “panics and pressures” conceived and
practiced by these heartless instruments for
selfish and political purposes alone. Let eve
ry friend to his country, every workingman who
values his virtue, liberty, and independ
ence, go for aand lasting separation ol
Bank and State.
WESTERN GEORGIAN-
Rome, April 21, 1838,
The following named gentlemen will act as
Agents for the Western Georgian;
Howell Cobb, Esq., of Athens, Georgia.
E. M. Johnson, Esq., ®f Gainesville, do.
S. Ripley, Esq., of Jefferson, do.
A. Erwin, Esq., of Cumming, do.
John S. Bell, Esq., of Spring Place, do.
R. M. Aycock, Esq., of La Fayette, do.
Turman Walthall, Esq., of Cedar Town,
Paulding County, do.
Leroy Pattillo, P. M. Monroe, do.
Charles Murphey, of Decatur, do.
Dr. Hugh Quin, Chattooga, Floyd coun
ty, Georgia.
Cherokee Affairs.
We publish to-day, a communication from
Gov. Gilmer to Col. Lixdsax, authorising him
to receive the regiment raised by an act of the
j last Legislature, for the “protection” of the
citizens of the Cherokee Country, into the
United Slates service. We also publish his
orders to Col. Sam’l. Stewart. We wish our
readers to compare these documents with the
“letter of instructions” to Capt. W. F. Lewis,
published in our last number. At a proper
time we shall notice this subject in a manner
which may not be very acceptable, either to
Gov. Gilmer or his organ, the “Southern Re.
corder.”
We are not at all surprised that his Excel
ency feels no partiality for the citizens of the
Cherokee country. They are a little too de
mocratic. The twenty.five hundred majority
which they gave against him at the last elec
, tion, is not very well calculated to secure them
■ Executive protection, even when the law re
j quires it.
Executive Department, ?
17th March, 1838. \
*To Col. William Lindsay:
Sir— I send vou the orders which have been
given to the Colonel of the Regiment which
has been organized for the protection of the
citizens of the Cherokee country in this State,
and the removal of the Indians.
You have already received a copy of the
law under which this regiment has been rais
ed, and understand the object of its organiza
tion. I send you the names, commands and
residence of its officers.
You will avail yourself of the aid of the re
giment, whenever the defence ol the citizens
of the Cherokee counties, or the removal of
the Indians may require their services, with
out making any special requisition upon this
Department. Its peculiar organization justi
fies this course.
The intimate knowledge of the country ano
the Indians, possessed by the officers and men
ofthe regiment, will make their assistance va-
luable to you, if you find that force has Io he
applied in removing the Indians.
And, as they are very desirous of being em
ployed in the service, I must request you will
gratify them in this respect, whenever it can
be done, in the proper discharge of your du
ties.
Very respectfully,
Yours, tec.,
GEORGE R. GILMER.
Head Quarters, )
Milledgeville, April sth, 1838. £
ORDERS.
To Col. Samuel Stewart:
It is the object of both the General and
State Governments, to remove the Indians
from the: State, so as to prevent their being
excitercrWb commit acts of hostility. To ef
fect this object, they must not be molested in
their property or persons in any manner until
after the twenty-fourth of May, if they keep
quiet themselves. As little, or no danger
is to be apprehended from the Indians until
the time arrives for their removal, you will
ber careful in the mean time, to investigate
well any rumors of danger, and be assured
of the hostile movements of the Indians, be
fore you call out any portion of your regi
ment.
The regiment can only be called into the
field by order of the Governor, unless the In
dians assemble together suddenly under arms
for some hostile purpose. In such emergen
cy, you will immediately call into the field
such force as may be necessary, to secure the
people against threatened danger, provided
the U* States forces are not in the neigbor
hood, fully prepared to discharge that duty.
You will inform the Governor immediately
upon your making any movement with your
regiment, and the reasons for it, if made
without his order. When the danger shall
have ceased upon your calling out any part
of your regiment, the companies will be order
ed to their homes, unless the Governor shall
otherwise direct, or the officer in command
of the U. States troops, shall muster them in
to the U. States’ service.
Whenever you order out your regiment,
or any part of it, you will immediately in
form Col. Lindsay, or whoever may be the
commanding officer of the U. States troops in
the Cherokee country, and place yourself
under his command.
The execution of the treaty by the remo
val of the Indians, is the special duty of the
Authorities of the General Government.
You will therefore assist in effecting that ob
ject, only when required by the U. States
officer to whom its execution is entrusted by
the President. Unless however, some change
takes place in the conduct of the Indian
chiefs, and the feelings of the common Indi
ans, you may expect to be called on for that
purpose very soon.
The kind of service in which your regi
ment will be engaged, renders it highly im
t portant, that the most perfect discipline and
good order shall be observed. # AH ill treat
ment of the Indians, beyond the necessity of
the service must be avoided, both on their ac
count, and as necessary to the safety of the
lives and property of our own citizens.
I send you a copy of the orders already
given to the Captains of the companies of the
regiment, which you will consider directly to
yourself, when applicable to your command.
Havingbcen informed that the officers and
men of the regiment, are very desirous of be
i ing constantly and actively employed, I shall
, authorize Col. Lindsay, to receive the regi
ment into the U. States service, whenever the
’ suppression of hostilities on the part ol the
■ Indians —their removal from the State—and
, the confidence and security of the citizens at
their homes, will be aided by your being
called to the field.
You will acknowledge the receipt of these
, orders by letter, and inform me to what place
communications for you shall be directed.
GEORGE R. GILMER.
• All the Cherokee Enrolling Agents have
been discharged, (with the exception of the
one stationed at Calhoun) by Gen. Smith, Su.
■ perintendent &c. The Cherokees arc public
i ly notified that the terms of the treaty of 1835
■ will be rigidly enforced. We know that there
arc men of intelligence belonging to this tribe
now in Georgia. To them we appeal. They
i can exert an influence if they will, which will
not only secure the lives of many of their bre
thren, but the future prosperity oftheir people.
The general policy of the Government, in
relation to those Indians who have waged war
against it, has been of a character calculated
to produce serious results in this section. In
the Black Hawk, as well as in the Creek and
1 Seminole wars, the ring-leaders, after having
I done all the mischief they could, were permit
; ted to avail themselves of the high advantages
which has ever characterized its negotiation
with the aborigines. The Cherokees know
this, and having their malignant feelings kept
alive by the obstinate opposition of Ross to the
: treaty, what is to prevent them from engaging
in a few weeks campaign, committing all those
attrocilies which mark Indian warfare, and
then “come in,” and consent to go West. Let
our citizens look to it, and be prepared for ap
proaching events.
Communication.
Mr. Editor:—lt must be deeply interesting
to the people of Georgia, to know that tho
work on the Main Trunk Rail Road, passing
from the Chattahoochee River through the
whole Cherokee country, to some point at*or
near Rossville, is now in rapid progress. TheJ
Rail Road from the Southern termini to
point near Cassville, a distance of fifty miles, ■,
is now under complete contract. And from J
the acknowledged responsibility of the under- 1
takers, the public may be assured that the
terprize will advance to its completion.
The public has done little more than erect”
castles of air, on the subject of Internal Im
provements, and the people of this State, until
recently, have been behind most of their coun
trymen. But the energy, vigor and enterprize
of the present Board of Commissioners appoin
ted to superintend this public work, has redee
med the character of the State from the re
proaches heretofore sojustly merited, from our
sloth and indolence on this subject. It is with
pleasure that 1 record this testimonial of praise
to the commissioners for their public acts,since
I have the pleasure of knowing them intimate
ly; and believe that the public service could
not have been more certainly advanced, by tho
appointment of any other men in Georgia.
Much is also due to Col. Long, the principal
Engineer, for the rapid advancement of this
enterprize. The subject of Internal Improve
ment by Rail Road, has been a subject of much
reflection with me for a number of years; and,
within my knowledge the same diligence, in
dustry and enterprize has never been brought
to bear on any other project of the kind.—
Within the short space of twelve months, this
'distinguished Engineer has accomplished more
than ever was done before under the same cir
cumstances. Indeed, the people of Georgia
and of this country especially, arc indebted to
! him more than to any fortuitous circumstance',
for the establishment ol this Rail Road. 'Pho
i state of Georgia, instead of being in the wake
of her sisters, presents the pleasing spectacle
to her friends, of taking the lead of the whoh
of them. And for this we are indebted to Col.
; Long, the principal Engineer, and lhe present
r. ,
Board of Commissioners.
GEORGIA.
TAKING THE LEAD.
Mr. Biddle promised lo take the lead in re
sumption. Il now seems difficult even to force
him to follow. We are glad, however, to find,
on the authority of the New York coadjutor for
the Washington Bank print, the National In
telligencer, '.hat he has reconsidered his rcso.
lotion to hold out. against specie payments.
The Intelligencer of this morning gives us this
intimation of Mr. Biddle’s intentions:
“Philadelphia must follow New York, it is
thought, in the resumption of specie payments.
Mr. Biddle, at least, for the benefit of his cred
it in Europe; and though many think the imi
tation will be a great injury to the commerce
and trade ofthe country yot, he is hardly left
to take his choice; and of his ability, in com.
parison with other banks, there is no doubt.”
Mr. Biddle, “for the benefit of his credit in
Europe is “hardly lejt to take his choice”! !
Poor man ’ In the midst of a lucrative trade
—first making a heavy per cent, on the dis.
credited Southern paper by exchanging the
old bank paper for it, and then converting the
notes ofthe Southern banks into cotton, which
he afterwards converts into specie abroad
he is stopped short by the obstinacy of the
New York merchants and bankers, who think
that the old fashioned way of dealing is the
best; that there is no sound commerce without
sound money; that honesty is the best policy,
and that Mr. Biddle ought not to have a li
cense to trade without it. Still Mr. Biddle
thinks it “will be a great injury to the com
merce and trade of the country,” if he is pre
vented from having a monopoly of the cotton
market through the issues of the defunct bank
of the United States; yet, rather than loose his
credit in Europe, be will sacrifice the interests
of this country !!— Extra Globe.
LAUGHING ON THE WRONG SIDE.
Upon the passage of the reform bill in the
Senate, the Intelligencer told the following
factious story;
“Some years ago, a rumor having got
abroad that the Bank of glasgow was in dan
ger of breaking, an old shopkeeper, who had
a small sum on deposite, hastened to the Bank
to draw his money out. The teller counted
out the amount in the notes of the bank, which
the old fellow carefully deposited in his bree
ches pocket and buttoned up—then, slapping
his hand on it, said, ‘Noo, dom ye! break as
soon as ye please.’
“Ces“ Vide the Sub-Treasury bill, (with its
iron safes for locking up the notes of tho
banks which Uncle Sam dare not trust for a
penny,) for a similar instance of wise cau-.
tion.”
After laughing two days heartily at thia
pretty jest, the grave Senators who voted;
permission to the Secretary of the Treasury
Ito receive bank paper instead of specie, if At