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ATHENS, GEO. SATURDAY. AlGlST 2?,1836.
1: i
Remarks of Hr. Haynes,
^OF GEQBGlA,
.[COXCLVDETJ.] '
>/ic House of. Representatives, Junb %7 r
18HO, the resolution calling on the President
of the United States for information relative
to the treaty lately concluded with the Chef,
ohee Indians being under, consulefatioji+ltitri
Haynes rose and said: • r *
l?y the compact, ns has been already stated
Georgia ceded to the United States “ nil the
right, title, and claim, which -the said Sjate
has to the jurisdiction and soil of the land sit.
uated,” &<*. describing the land thus ceded to
th2 United States. “The United States ac
cept the cession above mentioned, and on the
conditions therein expressed ; and they cede
to tiic State of Georgia whatever claim, right,.
< r title, they may have to the jurisdiction or
soil of any lands,” &c. describing the lands
which Georgia reserved to herself. Can plain,
practical common sense discern the slightest
dilTcrcncc between the respective stipulations
of the parties? It. would be impossible.—
llow, then, does,it happen, when the United
States, from the day of this compact was rati-
fied by the Legislature of Georgia in June,
1502, have been in undisturbed possession and
enjoyment of “soil and.Jurisdiction,” as.co
ded by Georgia, and h^vc : actually creeled
two States thereon, and Georgia sh.ill not.have
or exercise tho “soil and jurisdiction” ceded to
her, particularly ns the terms of the cession
Irani the United States are so broad, and the
designation of the country so general iu its
terms, as to embrace the "whole territory.of
Georgia ? From the period just mentioned, I
da not now remember that Gcoigia had any
difficulty with the Indians, or their white cham
pions, until tho year 1825, except (tieir lios-
tiliiy during the late war with Great .Britain.
Cessions of land were obtained front time
(a time by the United States, from the Creek
uid Cherokee Indians, in compliance with the
obligations of the United States to Georgia ;
and however irregular her Government might
have thought it, to form treaties with Indian
tribes, as they were made in fulfilment of oh-
ligations to herself, she did not throw any oh
Mmction in their, way on account of the; mode
i i which the general Government might fulfil
i!; stipulations with her. Taking (he subject.
as much as l can in chronological order, y s
may be most proper for me here to repel a
Portion of the charge made bv the member
from Massachusetts. That member would
have it believed, that the course of Georgia
towards the Indians within her limits, has been
uniformly cruel and unjust. . , ■ .
Sir, the Indians4hemsclvc$, and the arch-
ires of this Government,prove to thecoi.triry.
Sj early as the year 1790, the Creek Indians,
by the treaty of New York, stipulated to re
turn to the State of Georgia its citizens who
l.ad been carried prisoners into their nation,
and the property which they had taken from
the people of Georgia. In 1790, by the treu-
i> of Coleraiivthey again bound themselves
lo restore prisoners and .property which they
had carried away from Georgia. v Jly the trea-
t> of Fort Wilkinson, in 1802 they appropria
te i five thousand dollars,’for the indemnifica
tion of citizens of Georgia, upon whom their
people had committed depredations subsequent
to the treaty of Colerain, in 1796* More than
0 is. So far from war with them having been
j rovoked by the people of Georgia between
1700 and 1796, tiie history of the times shows i
that Georgia was not in a condition to have pro.
voked it. That President Washington order,
cdihu Governor of S. Carolina.]© aid iu thdde.
fence of Georgia, if it should be necessary, as
it was cortuiuly helteved to be, or r.o spell or
ders would have, been giv n. ..fu . truth, and
irt fact, it was but paH of .that general Indiqu
v, i ,r which involved so mu. b, if not all, of ©ur
western frontier, and which .was brought to a
•lonclusion mainly by Wayne’s victory at the
falls of the M'ami, in August, 1794
distribute the amount stipulated by the treaty
to be paid. to the chiefs, head men, and war
riors of the Creek nation, namely, the sum of
©nr,nn on. ■ r , . •
“ Sho bade defiance to the authority of the
Government of the nation;:' she nullified your
laws; slie set at naught your executive, and ju
dicial guardians 6f the common constitution of
the land-V Sir, I have shown that ip alfshe
has done in reference (o Iodiaqs Georgia lias
k*ept herself within the pale of the “common .hundred .and .fifty-nine thousand seve'n-lidh-
coustitution of the land,” as the same has beeu - rku:J t\ i-'-'--'. _ j'-- v".. ;
S217,00 N --Thfcy presenteda catalogue where- Trote. alone constitutes tliat government. In
by it yt as proposed to divide of that sum, among : what stronger terms of corifidenepand affec-.
twenty pqc Creeks nnd three Cherokees^ ond * • • - " - -**- * *' '■*
dreii dollars.' The Secretary advised them
understood or acted upon by a large mnjdrttyV Hot; to make such adistribution, "bbt'adopted
infloorl npnrlt; nil hor ciotor uritit ( >tw>r., 4.. _— ,
indeed nearly all .her sister States;, with whom
she concurred jn.pts establishment; and the'
facts; and arguments which,I have presented' 1
entirely overthrow (he unsustnined assertion,
even of an Ex-President of the United States.
-Dot to return to the treaty. By the second
article of that treaty, among other things there
is this stipulation : «'Hie United States.agree
to;pay to the nation emigrating fromlbo lands,
herein cedeijy the^sum of four hundred'; thousi
and dollars, of which amount-, iherti^shall be
paid to the said party of the second-part, (the
Indians) ns soon as practicable.after the rati-
float ion «r this treaty, tlie sum, of two, hundred
thousand dollars.” And it woShfurtVier stipu
lated, in the fifth article,at the' particular
request of the said parties of the second pnrt r
that the pavment and disbursement of the first
sum herein provided for, shall be made by the'
present commissioners negotiating thin trea
ty.” The necessary appropriation was made
at the same session of Congress at which the
treaty was ratified to efitry itiiito effect. In
compliance with'- the prifinsion fof the'treaty'
requiring ihe'sum of - tWo hundred thousand
dollnrs to be paid “ as soon as practicable after,
the ratificition of this treaty,” mid to be paid by
the “ commissioners negotiating ii,” that sum
wns placed in the hands of Dunetui G: Camp
bell nnd James .VIerriwether, the commission,
ers, to be pajd'dver according to The provifi*
ions of the' treaty.' .'As the'vces'sion of land
obtained by the treaty was for the rise, bene,
fit. and occupancy of the people of Georgia,
the. Governor of that Stale issued his procla
mation on tho 22d of the same month, (of
March,) “ warning' till ■ persons, citizens-of
Georgia, or others, against trespassing or In
truding tipnn the lands
ans within the limits of
no measures to prevent iG-
iu th.eprogrcss through Congress bfthe-Jbill
tor carrying t(10. treaty into-efTect, Hhe fact
wns communicated to a SenatorthalVlwcnty-
oneCreeks and three Cherokees, Were known
to inland to divide among themselves the sum
I have just, mentioned. In consequence' of
such information, the Senate-amended the bill
so as-to require "the’pHymeitiof the 6^17,000;
fa fiillwoan. il in the' .-nation, upon the .certain,
calculation that the fraud, hare made known,
would be there prevented* '. / : .
Bui, strange as it. may appear, I have been'
informed, ^nd upon evidence entitled- to un-,'
doubted credit; that this honest delegation, with
which the then President negotiated his.'treaty.
,0! 1626, »iddfng 1 wo others to their list, did
(□ally dividu, bgityeen twenty-three Creeks,
Snihd/ihree Cherokees, the latter receiving, an
aggregate of $40,000, one hui fire I and sixty-
seven tnousand eight hundred dollars of two'
hundred and seventeen thousand to be distrib
uted between the/qliiefs, head men, and war
riors offiie Grbek nation. Is it not \vohder-
fui that the ^sensibility-' iyhich arrested a sii-'
preme law ot di<* lantfiU 1825 ou suspicion of
fraud, should have permitted a transaction sub
ject to his own official supervision, to be stamp
ed by such indelible evidence of the same in
.18261 If further proof be necessary to es-
tablish the readiness of, Georgia to abide by
the decision of Congress, and her co.States, it
will'be found ip the memorial and remon
strancc adopted by. her Legislature in. D.edetn-
ber, 1826, upon this subject. .
T This r< muns:ranee was intended to sef-forth
the causes which had disturbed the harmony
previously^existing between (he Statfe pi G^pt.
ifest that it. breathes any thing bdt d^fiange
and contumacy'toward* .the-GovEiutaajw of
the Union, unless-a nullifying Chie^ MagW
these matters af^presenied.*' . In reference
to the jurisdiction of Georgia-over'the pos
session of lands by.the Chcrokees/Chief Jus-
tice Marshall-says « the mere question of
right might, perhaps, be decided by this Court
in a proper case with the proper parties; but
the Court is asked to do_more than to decide
'v •*,> t - • ' v. on the title. The bill requires ns to cbntrol
plKil depbralwa pf iii
■the national Government art/ those which^be- .excercii
tiop could the Legislature of Geoigia have ap
pealed to the wisdom and justicr of Congress,
fhatv by *« requesting that bodyoo make an <8i-
long to Georgia, (and consequently the other
States?). Or how couldsh/haye mope strong
ly expressed her rt ; adine/s to.abide by the do*
ciston asked, boih fnim Congress und the
States, than’by paging hi rs<df that '' ?o what-,
ever her sister States: would submit, in that'
she would acquiesce-; and if 'they would de-^
clare that they would be- con'tepted witli tlih
treatment Georgia Imdrcceived, from.that mo
ment, 4ier- CQtOjdaiids. would-be ’fiushpdx'dis.-'
'tiiictly stating that pile threatened nb eonsh'.
que’fl'ces, for it would be VUm and idle to do
^p.^.Upon the examination jehieh I bayetn'ade
of the allegations of the hphorabielgentlemah,
so far as his chnrgep have reference- to tlie
coltissiop between Georgia nnd'.liimself, as
Claef .Magistrate of the Uui.oi^. I knowipf.-no.
otliejr illustration of his accusptioiis sp appro-
pfiate within the whole range of-fact or'fable
as the quarrel fastened.'by 7 thfe-jvolf upon the
sheep for polluting the stream,-by drinking
from it below him. Georgia' yotod -agaitist
him id her electoral.college, in.-1824-, piVd in
this House in 182.5, and held up huroirbitipry
conduct towards tier iii the years'1825,18^0^
and 1827. to the just indignation ofthe Amer-
an people ; and it seempthat he hasnot yct
oCctipied by the lmh -j gut and tlie'E^ecutive of tlie Unii>n, fr6m tl)re
this State, J, althbugii ].time the -President of the" United StatSj .of_his
issued his proclamation ronvening the Legis- ] appeal tp- Cbogress -and the -other States
Injure,- to tak ; into'consideration .Ihe^isposafut^iosl die ^rbilrayy.conduct of theChief lMn^-i
oftlie hinds acquired by »hc .then late trebly j^trate of the. Union. .In proof of the spir|t
with tho Creek Iddiant’ TheytegislaionP. from ^uiicKifaprang,. Irish only necessdry^to
convened on the 23d of May thereafter, mid [ make a lew' references to its preamblej' in
within a fi-w'davs passed an act disposing of which it will lie found that the whole subject
the acquired territory by lottery, the mode of in controversy was submitted to Congress, and
distribution Which had been pursued for mbrejthe other. States-df the" confederacy*: The
forgiven her for the one or the other, or he
might have spared himself and this House the
gratuitous denunciations he has levelled against
her.. Believing that I have sufficiently shown
that the President of the United-States, and
not the Government or tke.people of Georgia,
nullified the treaty made at the Indian Spring} chase'from fotdign nations. Therefore,' ihe
in il.825, 1 will next proceed to .show' 'lioiy.i'claim «jn the part of the United States, to ex-
st tnds the accusation of the honorable gentle- elusive authority over them and the territory
man respecting the conflict between the State \nf the - United States occupied by them, gives
of Georgia and the Supreme Court afthe Uni- [ to the "United States no such jurisdiction over
t.ed Slates ; and first with respect Ip-the I Indians residing on the territory of any State
diana* ' ' ‘l - ' * ;. ' ‘ - V'. ', i of (liis. Union, CoiAeqiientiy,' on these and
- At the January Term (1831) of tfie; Su-1 other grounds; tW Government ofthe United
preme Court of the United Slates, the Cher-1 States can set up no ; such jurisdiction within
okee nation, by th'eiir couusel, iqovtyi that cPurtl tlie • itmlte' of Georgia. Further,-the Court
for an injuctioii against the Slate of ■Georgia,!'distinctly intimates that the proper tribunal
to restrain. and enjoin -her trimi the ©nforce-j-fiir the redresaof tVirpngs'which have been
merit'df certain acts of her Legislaturc npon [ either: already, inflicted or apprehehded for
than twenty years.
This act did hot authorize the immediate
occupancy ofthe lands,hut provided for its sur,'
vcy at nn early period. Was there a subsis
ting treaty with the' Creek Indians to all the
lands then occupied by them within the limits
of Georgia? There was, as I have already-
shown, and money appropriated and placed
in the hands of the commissioners for making
memorial distinctly states, that “in the-'good
feeling find sincerity of the . States, we have
the most unddubtcd.cORfideiKte in the integri
ty of purpose, honesty of motive, and fidelity
of service. _of the National Legislature. We
cannot (eel one distrustful emotion. Before
that body we believe we can be respectfully
heard, and to that body we ns. firmly believe
the crisis lia^ arrived, when it become? oeccs-
pavment of. the first instalment stipulated by J sary to prefer.a solrmn appeul.
it. *' Who then puUified the treaty 7 Georgia. J telr .enumerating the* causes
A^ain af.
of complaint
by her act to survey the Ihnd, aiidfirnw a bt-d against tho-Ercc«Jipe «7ottc, the. memorial uses
-tery for it.wheri the consiim ition of that treaij. this forcible language V^iVis-^a malter^dfkttk*
ty made the land the rightful property of IwH iqus apd fearfitl conteraplatron,Hvliat.m^St he
citizens ?, ^Certainly not. Who. then-was the
nulli fier ? TbetheqTcesidcnt ofthe XJ, States;
Tor it .was lie who arrested, this treaty^- this su
preme law of>the land, on his mere motion,
Ins own will and plensure, and no: the Go.v-
cmmcnl ot people of Georgia. The-constitH-
the result oh this. collision, if we- lailto enlist
the well.known justice arid prudence of that
part ofthe General Government to which wc
have now been commpcllcd leliictlantly to op
pet.l.” “ Wc cannot but trust that the author-
Uy .(Coqgrcs$ and the States) to. which we
lion makes all treaties' a p«>rtiort«of tlio sup'rcipe t h.ivc^n6w^ referred these unhqifiiy differqncea
law ofthe land, svith wlfich the President of J will fliriy appreciate the motive as we’d as the
the United States' has':'noilung to do, hut to.1 objeqt ofthisappeal. Gur rehahee is pn.fho
czedute theWii But, as I hove sajd.tlvePres- pvisdom and justice of tta" nation.” “ W c
i on* k.. ' Tn wtittlfivfir hVit deUfAr
ration of the treaty of 1825, by atbitrarily [Statgduvereigntifcs- To whatever our sister-
wiihdrayring froifi the cotnodssiotiers riVe' rao*. : Sitftvs^^dl submit,; in that we must urqiiidsce.
riey which had bcert upp>6priatQd bV Congress,. | I t they twwflif be contented with the freatmeiif
and olaoed m their hands to (k? paid over “ nsl Gc6rgia has reCeived, and wiH conic out with;
.*-«-•« t . i '' ' • ' 1 t* 1 .. a >7 •>»( a Art mC’ sltJV Fi*nt*i tftul
S5S
.yo. 23.
fifej
ex cere rse of its physical force. . The.bropric.
ty of such ah interposition by the Court May
be well, questioned-. It sitvours too much of the
.exercise of--political power-to he .within'(he
proper province of the judicial department.”
In thorclosing paragraph of the opmion-oHne
Court it is Observed : If it be true that the
Uhcrokee nation huve r ights, this js not the tri-
bynal ih: wliieinhese rights are t^je asserted.
If it be true that wrongs have inflicted,
and that 'still greater are to be apprehended,
this is not the. tribunal which can redress the
past Or pfevent .thc future.”
'Xf* The motion for an injunction is denied.”
. In addition lo the portions of the decision
jdst.quoted, in - which the Court most empjinti-
cfilly disclaims jurisdiction over any and all
the'- matters- brough)' before itl by tire Trill, it
should fie remembered that it decided, also,
that; Indian' tribes are not foreign uatiotis with
in the meaning of the constitution'; and, as a
Consequence, I assert,without the fear of sue.
ecssful denial, that no treaties, in the iConstl-
tutiqnal sense of the-term, could ever have
been made by them. Farther, the Court de-
cLirts, “the Indian Teritory is admitted to
oompose a part of the United States.” Here,
let me ask, by yyhat means the United States
ever acquired territory as an independent com
munity or Government ? Originally there
was no territory of the United States, in this
isense of the term ; nor is there'now any such
territory;-but wbat has been acquired by the
voluntary relinquishment ofthe States, or pur-
various grounds, the most material..of which,
for the present inquiry, it is believed are em
braced within certain portions of the statement
of the case as reported in CthPetcrs,To which
the ..attention ofthe House is invited. Among
other-things, the hill proteeds to state “ that
(he future, is either thn-legislative or cxecu-
ttvp Department of the Government, neither
of which' arraigns the conduct of Georgia, or
attempts to control it in any. way w hatever.
- Thus if is seen, that the supreme Court,’
upon solemn argument On all complanls on
in violation of these treaties, of, ; the constitu.lthe part ofthe Cherokee Indians, against the
tion of the United States, and'of the act of Sfate of Georgia, disclaim all jurisdiction over j
Congress of 1602, the State of Georgia;^ a the subject. But . no)withstandii>g this dis-
sessiop of her Legislature, bbld in Dbcentber,| claimer ? it may, andperhaps will be asserted,
162,8, passed an act; which received the as- that although the Court did, in that case, dis- Be to their edification, I will proceed atf fapid.'
eebt bf the Goverpbr of. thar State ch the tinctly admit, its .want of jurisdiction, Geotgia My caii to the conclusion of ray subjeotV
twentieth'- dav of that month and ; vear^. enti-1 had defiedlts -authority,in. the cases of Tassels" As will .appear by reference to the decision of
•Jed “ an act* to add the territory lying within [ in 1830, and Graves in 1834, 'both Cherokee the Cherokee Chancery case, already refer-'
this State, and occopi^i^ thd''CSeif6kW^il. : {-©asM.- Ayhat wero-the^facts or these cases? red to, it wrilbe remembered, that tho. Legist
diius, to the counties of CarTofl, De KaM Thtfy wore- tried in .the: Superior Courts of[ laturo of Georgia commenced its legislatin g
Gwinnett, Hall and Ilufiersham^and to esv| Georgia, in the same ojahoer inv whidb her | over the territory occupied by'the Cherbkeerf
B an individual party may iegard of disregairar
• his own good pleasure. . If therdYbrdp|||j *-
individual is not bound to take notice of a cb
talion,and demean himself accordingly; what
possible obligation could.oxist on the part of
Georgia to obey if? ' -it is nonsense ici aay
she. was under anyVuch obligufiom * i iijAd,
thus travelled over the, charge of defiance «f
dt the Supreme Court by Gebrgia, sd fqr aS
the Indians-are .CoTieernfed; find shown; thai
in the case in which judgment had been pfo-
nounccd, it is not adverse to Georgia ; and
with regard tb the “ eitatloris, ? ’ tfiey Infpdsh
upon her no pblivaiinn: either of fe9nect ot
obedience, wliateven vr
And now I am prepared to nsscri that th^
State of Georgia is free from all tho allegai
lions preferred against her by the. honorable
gentleman, as it regards the Indians. I hard
shown that with respect to tho Creek treaty
of 1825, the President Of the United-iStatqd
wasthcnullificr.and not government or the pc6.'
pic of Georgia; and, in reference to the Chero*
kees, that if treaty existed previous to 1802;
witichbound the United States to protect; find
Georgia, to forbear the exercise of authorhv
over them,these treaties w re abrogated by'^W
government,Of the United States by the com-, >
pact entered into with Georgia on the 24ihbf
April, 1802, surrendering to her all claim td
soil and junsdiction within the limits reverted
to that State; and thar the law passed on tlid
30th Of March preceding, regulating;ihterv
course with tlie Indians, was alike abrogated
by that compact. Qf jhe treaties, so called,'
which have been entered into with the Cher*
okees since 1802, they could not rightfully
embrace any tiling at war With the compact
of 1802, and in. (hat sense' only’'have they
ben acquiesced in bv Georgia.
If tlie United States' have' wrongcjdL lhe
Cherokees by their obligation to- 6*eo’rgia un
der the compact of 1802, it is .their dufy to tfd
them justice ; nnd in all proper measdrestt^
be taken here,-for that purpose, the Senators
and repesentatives of Georgia will be behind
iio otheis in awarding to them whatever jiis.'
tice and equity demand, in a manner the most
ample and complete. I might have shown,
that according to the principles laid down ( by
the Chief Justice, in the Cherokee Chancery
case, an lndiun tribe could not make a treaty J
but 1 do not now consider that discussion iierf
cessary.
Having disposed, at least for the presefi'^
of the allegations of the honorable geutlemart
against Georgia, as regards her Iudtarr rolav
tiotis, I will now proceed to consider the re
maining charge of misconduct towards thd
missionaries. And here I might contrast the'
conduct of the original Ministers of the Gos-
pel, with that of the Individuals on whose'
account such grave charges have been pro-’
ferred against the State of Georgia. But its J
have been constrained to occupy so' much’-of
thetimeofthe House, and as 1 doubtnot hut lit-
■in 1828* and repeated it in 1829 and in l830,
all of which acts were brouglit in. re viovy be.
fore the Court, so far os they related (o’ Indi
ans wpd Indian lands, jn thq course of that de-
eision ; aii^ the prayer Qf tho bill- that
the Court would enjoin and restrain the juris
diction of Georgia, was rejected on the whole
ground taken by the complainants.^ Why,
within one year fhpjiefiierf'-the.'.8a’ii)W > ;"€otfj l t;' :
should have taken.upon itseffto incre\iafe'lho l
political power it so'di^in’Ctfy-dii9ei«ihie^urtlib' ;
Cherokee case 1831, miglit:be an mtercsting
It is un- soon as practicable,” under the provisions offapuhlicjdeaarution ofthe fiict, feamlfoil nti«^<
I ccessury to dwell , on the treaties made xyitli the treaty. I', tnaltcrs not nhat was ihe''pr€^[^n>efii Ouf fitHhjd*untsar^husl ed. AVieth.reit^.
the Creeks and Cherokees, between 1802 and
3621. It is important to give a passing notice
to this Litter treaty, inasmuch ns it fecoguiz-
«:d the justice of tlie clai.nes of tho people of
Georgia, for indemnification ol Ihe losses sus
tained by the incursions of the Creek Indians,
previous.to the 30ili of M,»rck,'i802j und
xided the sum of $250,000 for ttieir payment,
without interest-. . Bqt-that sum was. consider^
ably less than the aggregate of josses actual-.
!y sustained by the .people ol Georgia, at the
bands of the Creek Indians. I have no^pubf;
that if all the just claims could be paid, with
interest, from the time tho -depredations'Were
committed, the aggregate would not fall short
of a million of Jolturs- JtI haVe'slvown a Vol
untary acknawlcdgment by the Creek. Indi
ans, so late us 182L of a debt duaihe citizens
of Georgia for spoiliatioos .<^i(i)^i|lc!i v :iiftp(i
them by those Indians; prior lo' 1808*..l Think
the charge of tUe :ihcmbcr.jffom YIassach119 :
is fullv answered,' arid ^nerthrown dmvn -4?b_
that period.. I wilt nbw^xf&ime a pqj?ioir pf
the history.of this sultject. in-which (he hon :
orable member may joe] a deopei; iuterqat (hair
in any portion of tho;ioug and uninteresting
detail which I have felt it my -duty tooffer to
tho House for the lull and porfeirtf illustration
of the subject*':. 1.ajpeak ofthe treaty coufTu-
ded by commissioners of the United States
with the Creek Indians, at the Indiau Spriugs
ia February, 1825, and. ratified, early iu the
month of March, thereafter. This treaty had
tho singular fortune to bo communicated to.
the Senate by Mr. Monroe, and officially pro.
ptulgated after its ratification by his successor
I presume- it is in refefiBnce to. thistreaty that
the honorable gentleman says'of Geoi^ia,
text fofs^ 3oing ;;the aet was d<me^nod donej eh no cbriscquenccs; it Would be idle findW^in
for the purpose of arfesting the dpCriitien iof a Ho da so.” : The memOrial concludes with tlife
suptrome law of the la nd. 1>^$: sfiyriltat [fo1l9.Wiii|i;-it«olmlons\;. ,-V'-^ '•
in (he ,Convfe8t which occurred between the j ^Resohal, That a separate tqpy of thM je-
Goyernmcnt bf Georgia and the ExecUtiv'e ofi port* With tlie docuineBts necessary to supnort
the United States, in 1^5,^tml what grew raft) the fact*Titferiiin d.o(ailed,be jfejWarded ^y Ms
of it, John Quinoy Adams, ihe then Tresiifcnt | Exrelli^y the Gsvenior (d q'Ur Senators and
ofthe-Umfed States,' was the nnllifier, and that J RepresentftUyea iii CohgresS;TW bfi^by (heih
the authorities of Georgia were only, struggling respect folly presented to each branch of Cofi.
to sustain a “ supreme Uw of the-Jand.” 1 Lgress, with a; requOTt‘that they. teeTheir best
know that this course has, its' attempted justi-) e^sifioiisVto'biv^ redressed-th^^rieyaHts* df
fiention '^frdttdor irregularity in-the niakiugj lt«S State, in the various .
of the lreatv r referred tOi but false, know that this report ’hasi«Tpreii.<^ahd -for-jhe ftttuPe'
i President of tho-ftnited $ta(es miistr<ijieeut'ej bflftoony of thd States, to reqiaesf of tha(:|q^;'
_ "1* ' ^ t _ * 1.;^ U i.,AfItnVn:iL’pnn ovnlipif rlorlnmlmn of iKAiridhtS*
tend the laws of ibis State over thesame, find I own citizens are tried before the same tribu-
for other purpose’s.” That afterwards, ■ to ruals> upon the charge of murder, and that the
wit, in the year I829,the Legislature of (he i murder of men of Uiefr. own race. Each
eaid State of Georgia passed another actwhich j wa? chirt icted, aqd sent enced to death, in con- j
received the assent'of the Governor on tlHsj formity to tlie criminal laws of Georgia-; I
19th of December of that year,, entitled “ an J What then, a citation was issued in each case,
aefto add.tho territorvlying Within thechiir- [bearing the sigh manual of a judge the Su-
tered limits of Georgia; now In life ocSrupjra-l preme Court, requiring the proceedings to be
cy ofthe Chorokea Indians, to tjio.couhfiw sent upto that Court forrevisal and correction,
of Carroll, Do Kalb,Gwiimett, Half andllab- The convicted'.-murderers were sentenced to ,
ersham, and to exfeud the Jaws of this Stale be'.exccuted,.in. each ease, at a'period a
over.The same, and.to fiiin.ul all IfiWs'andioV>r rinrilo the' next succeeding term of the - , - . ^ vf-*'
dinances made bv the Cherokee nation©Fin-1 preme Court, but in both Thstances, at'ifeyrso top* c of mquiry . tt time Would- permit; _Nor
^.to giveThemThe benefit of an ajr. (foes it Wsemr difficult torref^The *
officers serving teg'aj- proccsseWra- sald.'ibmvfpUcaifon to.the clemency ofthe Legislature! thesame cause which enlisted «ar* A*.,
fory. and to regufate ihe testimony;©?Indiaus, of Georgia. That clemency was not cxer-
mrd to repeal the nitilli section of the act of cised, and they Were cxecutedjo confer mty
1828 011 This subject.” The InH also refers to their teSpecJive sen’ences. f or this, Geor-
to the act of Congress of 1830, add, to the t gia lias been charged with contumacy towards
iactfif the Legislirturn bl Georgia, passed.infthe Supreme.Cqurt,of The United Stales,fie-1
ufod'iy » 0 authorize ifie survey and dtsposi- f cause her authorities did not suspend the exe-
fSSk, to^guiiaiatize tup - nr ty •mu^erdrs in obedience to the cita- W That all white. peraona; residing wflhm rite?
Tthnoflauds wuhm wj-Wofa Judge of the supreme Court. VVhat,fnmita ofthe Cber'okee/muion, Onthefirstday
itef 'oftpmcy ' then is a cifofidn, oicgordiug to the definition of Mareh ne», or atifty nme thereafter,With-^
Marshall himself? We shaltf out a' license or permit fifom hHr^flehcy
&C. ;an net to provide fi.r ’jfSfiSif CbbeS w/Wr-inia. cellency shall aulRdrize toaucb pormle
disposal of the improvement^irnd possesaiok * ,hat it became necessary for the J or license, odd who shall not have, takeft
iier thWiSudi^ of Ja^ttW4 '
* which occurred at. the lime rofetfed fo; aufl j fe&tt Ihe; immpdHife di^renedpfopimon^c>
0 -t
thesame cause which enlisted every availa
ble influence, pecuniary and qtherwfse, in tho
then pending Presidential election. But I
will forbear its discussion^ . ^
The last act of the fegisfature fo which, f
have referred,' the act of the22d December/
1830, contained the fofloWhig provisions :
-iaj
against G eorgi fi, v -L will Tuquirp in to- some ofi. ea<A Statd in the;U niqo; WitH^An cardest and-
the incidents connected wHH t^ /roncsl treaty ) respectful ri^dest that fie lay the same before
included bv him ivjt.h the Creek deJo^i^|Tlm-Legidatige^q]; hts State; aud they fire
at this place euhytn the'yew 1826, ada rat-4 herolw mbsG affectionately and respectfully
ified on the 24th of April'of tliat year.' 'Butl sobcUed.to espress to.(his State, whether they
before proceeding, permit me to remark'thfi.j fife prepared to admit the foregoing.principles
the land acquired by the treaty of 1825, pas- and the powers growing out of them, as be-
sed immediately to Georgia, and that she had longing to the General Government and
a perfect right* to adopt her ©wo legislation I whether Georgia is bound and tinujt submit, to
ovfir hgr ow«Lproperiy, suhjecj -pniy to the} % ireaiaietA which she
temporary oedupahey secured by ibe itGaty to lwro^fitflyfostained at the. hands of Ue^tn^-
the lialiansi 1 ^’'I’hdjfeeatyof 1826 waslratified|p , rtvT5'I)BPA®niB2tx^^i^‘’GdtterO(;
of. A pril, ?tnd (hediy aReiyT-bejJfiegfc
members of the.honest delegation called on the]: Trom
Secretary of War to make .arhu^cmeuts .i
th, the mdmo
•sjgf
ike:
10 tb.6:JJ. States; is not a«>rew \.ai«i«r"'£&*haa'itthe ef-1 extend to white fetriqles.h’mftwmaleJchildren
sense of the Constifoliqni and candot mainfoin. J choose rhddet2fl years of age'.” .'Lhadaifeptfe^crifetl'
3.
feet ofprocess^ .. . .11 , _. ..
al, objection c^sts Viw^tiiiSS^htl^foW'llie'dpriU] «#' sUforart' *mI defend• the Udustituuon of
Court. Is the matter of the bill ihe proper ^ h rherokce Chanccry case of 183i,l thb Stafe of Georgia, and uprighti^ dertmutr <
subject for inquiry and decision^ tfs?eU ^
to!3kia , |i StfitV||om citeUpn* * U» ease» ot ^as ts an. K > ^ ^ |erm Superior
of legislative power over gipreme-Cdtlrf<Xife^oi;iCdd%i8^Sft^^ Worcester,.E. But-
pfo assertmg their independenqo ’ }£ * *^ disciaimeff j^idibo 'over any tier, artd others were indicted for living in the
On. thfv«everat|,tea»taiea ?. ^ o£ tbe eduntrjf opeupfed %vfte*^hew»i« in con-
to Which the Siatp dentes, - ^- v ,. v _ .
matters alleged id
usual' powers of
cdujii&‘ by the: ^ .
'cannotipterpose. ai least in tne form th whichfRimseir,
A'-
1*-:
