Newspaper Page Text
Resolved, That they see no reason for departing
froui the customary forms of tho nation in common:,
cations of this nature, and therefore they return the
letter of Mr. Schermerhorn to the principal chief,
with the desire that he will (together with the Ex.
ecutiro Council) answer the aforesaid letter in such
manner as they ma think advisable, and that the
Committee of Council will act upon the result.
Well, sir, the principal chief, John Ross,
tvith Lowrey, \yalers, and Lewis Ross;
. .■ ■
u
The ferment of a free, is preferable to the torpor of a despotic, Government.”
VOL. Til.
ATHENS, GEO. SATURDAY, JULY 28, 1838.
The Sosithefia Hasuicr,
19 fCaU9llEU IN TIIK TOWN OK ATHENS, GEORGIA,
EVERY SATURDAY 9
BV Ai< 120.Y CHASE.
TF.RM^--T lircu dollars per year, payable in ad
vance, or Four dollars at the end of.thcycar.
Any sub-critter fuilin^ to give notice of his desire
toilisconiinue his subscription at the expiration ol
tho ti.no for xvliicli it Ins been paid, will be consid.
<rcd as wishing to continue it, and held liable accor
ding!Y* No niper will be discontinued, (except at
tbe option of the publisher,) until all arrearages arc
paid.
U-Atl I* otters to the Editor on matter* connected
will) the e*t iblishmcnt, must be poet paid in orderte
tenure attention.
{ if os nt Advertising.
1/ittrr* of Citation, . . . $2 75
Notice to Debtors and Creditors, (40 days) 3 25
Four Months’ Notices, - . . 4 00
gales of Personal Property, by Executors,
Administrators, nr (!u *rdian», - 3 25
Sales of Lands or Negroes, by do. 4 75
Application for Letters of Dismission, 4 50
Other Advertisements. 75 cents fur every thirteen
lines of s.ii iII type, («r space equivalent,) first inser
tion, ami 51 coots for each weekly continuance. If
published every other week, 112 1-2 cents, and month
Jy, 75 cents for each continuance. Fur a single in
tertian only, 0!) prr square.
A OVER risuMENTs should always have the desired
nuinbar of imertions marked upoti them when hand.
in, otherwise they will be published till forhul
and charged accordingly.
0* Notice of the sale of Land and Negroes by Ail
jninistrutors. Executors, or (Liardinns, must be pub.
hslicd sixty day* previous to the day of sale.
The sale of Personal Property, in like manner,
must he published forty thins previous to the sale.
Notice to debtor* and creditors of an estate, must
be published forty days.
Notice that Application will ho made to the Court
of Ordinary, for leave to sell Land or Negroes, must
be published four mouths.
Notice that Application will be made for Letters
of Administration, must be published thirty days, ami
er Letters of Dismission, six wnnthe.
Vir. ntv for tbe Banner.
Lowrenemlle, A. R. Smith, Esq.
Carnrscilte, A. E. Wiiittf.n. Esq.
Cl'trksrille, Lewis Lf.vv. Esq.
tfouror. Leroy I’attii.i.o, Esq.
Gsir.tsriVf, E. M. Johnson, Esq.
©onsrres.
CLOTHING ESTABLISHMENT.
fpMIE subscribers having purchased the interest
i! ot Messrs. Shelton &. Rush in the establish,
meat lately occupied by them, take pleasure in infor
ming the ritir.ens or* Athens and its vicinity, that they
will continue tbe CLOTHING BUSINESS at the
old stand, directly opposite tbe Athens Hotel, where
l'.i*y are now receiving direct from New York, an
Extensive Assortment of
(tcuUcimtuN fiuninicr Clothing;
consisting of
Super [Hack and Fancy colored Cloth, Frock and
Dress Coats.
TV. Black. Drab and Fancy Casfiuicre, and Cloth
Paiiluoums.
Drap'de ’eta and Bontlinzme Frock and Dress Coats.
Do. do and Mantua Pantaloons.
White and Brown Linen and Ginghams Frock and
Dress ('out*, and Round Jackets.
f>j;icr White, Brown, and Fancy Linen Drill Pan.
tnloons.
White and Brown, Honey Comb, Wellington, and
Georgia Nankin do.
S’iper White Buffund figured Marseilles, plain and
figured Silk and Satin Vest*.
Shirs, Bosoms, Collars. Stocks. Ilats, Gloves, Ho.
*i»r.y. Bonis, Shoes an i Pumps.
And every oilier article that u Gentleman would re
qviiro to complete his Wardrobe.
Their Goods are manufactured to order, and as
they have made arrangements by which they will rc.
e<*ivo weekly supplies, they feel confident ihcy can
•ffer grealer inducements, and vvil: lie aide to sell as
Cheap ns any other establishment of the kind.
HERBERT «J- STONE.
Athens, May 5—7—If
BGOTS ANB SHOES.
'S'HIi subscriber has just received
V-M B ami is now opening 20 Cases
E300TS A NO SHOES,
Of siipi-rior quality, embracing all tbe
varieties usually called for; and which, together with
bis former Stock, renders it the must desirablo ever
offered in this market. Also a few dozen
lilaclt Reaver & Silk B3nts,
or THE LATEST fashions,
Travelling Trunks Shoe-Blacking*
Loti! Sugars Dates, Kaisius, Alm
onds Pcrcan .*¥ uts Steam Kc«
fined Candies &c. &c.
The subscriber, grateful for past patronage, solicits a
contumanco of I lie same. He doe* not object to
•euniiig out shoes to tho Ladies, but ns it is extreme
ly difficult to sendVnit a variety, he respectfully in
vile* them to call ami examine. By so doing, in
most instances, they cannot fail to bo suited.
SAMUEL TENNEY.
July 7—IG—It.
MEW TOWN.
T HE Subscriber will offer for sale on Thursday
tins Dili day of August next,
Oiac E2 ass tired Lots,
At the termination of the Union Rail Road, or the
junction of the Athens and Madison Branches, ia
Greene county.
The location for a town, at this point, offers many
advantages a* regards health and business. To this
point this Rail Rond will bo finished, from Augusta,
hy lint first of Oclolier next ; which will unquestion,
ably render this a place of considerable business, as a
large portion of the Colton crop abovo it will bn de
posited there for transportation, and hence an im.
menso trado may bo dona with the country sending
cotton to this place. In addition to which, much
cotton will no doubt he bought here, by dealers in
Augusta, to whom the Rail Road affords the facility
of coining in five hours from that city.
This will no doubt become the Dining place for
the Cara coming up, and the Breakfast house on their
passage downward.
Of its location, I deem it unncccsssiy to say any
more than of its relative situation to other places
!l is eleven miles from ('rutvfordvillc, seven miles
from Grccnesborough and twenty from Lexington.
TERMS.—Ono fourth cusli, and the remainder in
three annual instalments, for notes with approved
eurity, with interest after the 25th December next,
end the privilege of paying earlier if desired.
WM. M. MORTON.
Athena, July 14.—17—tf.
SPEECH OF MR. TOWNS,
Of Georgia,
In the. House of Representatives, May 23<Z,
1836—In Committee ot the Whole on the
state of the Union, the subject under con.
sider.atiou being the bill making nppropria. !
lions for prevailing and suppressing Indian
hostilities,
[concluded.]
If, Mr. Chairman, there is still any doubt
on the mind of any gentleman as to the mo.
lives of John Ross, subsequent events, ns they
occurred in the Cherokee nation during the
summer and fuU of 1835, will remove them.
It is well known to this House and the conn,
try that the President appointed two Commis.
sinners (Mr. Schermerhorn and Governor
Carroll) on the part of this Government to
repair to the Cherokee country to conclude
the treaty with the Cherokee people. The
correspondence that took place between the
Commissioners and Ross, fully sustains the
charge that his object was to prevent a treaty
in the nation, by submitting the question di.
redly and fairly Jo the sense of the Cherokee
people; but, by various pretexts, he prevent,
ed the United States Commissioners from al!
opportunity of presenting their project, until
he had succeeded in preparing their minds
against a treaty ; hut, at the same time, had
secured to himself, and the delegation asso
ciated with him, unlimited power over the
question of the treaty, which power, under
tlie grant, was made irrevocable.
This was a part of the master policy of this
Cherokee diplomatist; and it was not until he
bad secured himself in this trcaty.iuiiking
power, even beyond the reach of his own
people, making himself, and the delegation
appointed to net with him, whom every body
knows to be his creatures, greater than the
Cherokee nation, and beyond its control and
reach, that he ever would recogniso Mr.
Schermerhorn as the Government agent. It
is u matter of curious inquiry to see with
what remarkable address this man Ross—at
times so plausible, his motives and designs so
admirably veiled, that the most scrutinizing
eye would pass them undetected—carried on
his schemes to their final consummation.—
Sir, he was an overmatch for the balance of
his nation, and bus bullied for years the public
agents m.d the humane policy of this Govern
ment. But in Ins march, adroit aud skiliui
as it was, he has left traces that enable us to
identify the spirit, the motive, and the object.
As larhack ns Ihe7lh of Ju'.v, 1835, Mr. Scher.
nierhoru addressed John Ross, from which I
make the following extract:
1 hope this, however, will not prevent you from
convening your principal men at such time and place
as you think het<l, to give me an opportunity of an
interview with them, lur tho purpose mentioned in
our personal interview.”
Tins letter was followed by another from
Mr. Schermerhorn on the 9th July, of the
most conciliatory character. On the 10th
July, Governor Carroll and Schenr.erhorn
addressed Mr. Ross, informing him that they
much regretted to learn he hud prevented the
census from hiring taken of the Ciierukees
east. This letter was answered by John Ross
on the 12th, denying his interference. On
the 24ih July, John Ross addressed a letter to
Mr. Schermerhorn, declining to meet him and
Governor Carroll one week from the 29ili of
that month, for the purpose of holding a con.
fcrence on the subject of their mission. Ross
assigns us reasons, the trouble and inconve.
nieiicc of the measure, and other causes, none
which can be considered vulid. On the
29th of July, Governor Carroll and Setter,
inerlioru addressed Ross, calling upon him
distinctly instate if he intended to comply
with his engagements to submit the question
of the treaty to the Cherokees. They fur
ther say thut “ they are altogether ignorant of
the course pursued by you and your pritici.
pal men after leaving the council ground last
week, and the speeches yon made them, and
ihe novice that was given not to meet Hie
Commissioners here at this time.” It will he
remembered that this letter bears date at the
time and place the United States Commis
sioners expected to meet John Ross, aud alt
the Cherokees, on the subject of the treaty
They did nut meet them, however; and Ross,
in r< ply to the uhovc letter, under date 3Utl
July, urged the same reasons ho had done in
former letter. Here, then, it was made
in imfest that Ross had certain objects lo nc-
comulisli with his people, before ho would
sutler them to meet in council. Nearly one
month had elapsed, and no advance was yei
made by Ross to convene his people, and had
actually refused himself to meet them nt the
lime und place appointed. This negotiation
was suspended from July to 14th October,
1835, when Mr. Schermerhorn addressed
“ the chiefs, heud-tneii, and warriors of the
Cherokee Indians, ill general council conve.
lied, ut Red Clay Council Ground,” appri
sing them of his attendance, and readiness
and desire ol' opening the negociation for a
treaty on the live million basis recommended
by the Senate. On the 15th October, the
Committee and Council adopted the following
straightway answer the letter. John Ross
had now gained all he wished. He was in
vested with plenary power, and they, in their
letter, express a wish to hear the proposition,
hut remind Mr. Schermerhorn that the Sen-
ate’s tiasis had been rejected, and “ how un.
necessary it will be again to ask the seuti.
ments of the people upon the treaty you have
already proposed, and to which they have al
together objected. If, however, (it goes on
to say,) you are fully authorized lo oiler any
new terms, they shall he faithfully and prompt-
ly attended to.” This last letter was, on the
17th October, answered by Mr. Schermer-
horn, in another addressed to •* The chiefs,
headmen, and warriors,” reminding them of
their interest, the obligations that Ross and
his party were under to submit the matter to
a council of the nation, and to recommend its
adoption to his people. On the 22d of the
same month, while the council was yet in
session, John Ross addresses “The Commit
tee and Council,” in which he distiuctlv rec
ommends to appoint a delegation, with pow
ers to treat with the United States at Wash-
ington, if, as lie believed was the fact, it
should turn out that there was no person au-
thorized to treat with them on the ground.—
On the 24th of October, the Couucil of Red
Clay, of 1,076 individuals,
•* Resolved, That a delegation, consisting of John
Ross, principal chief, Richard Taylor, IKiwis Ross,
James Brown, James Daniel, Thomas Foreman,
Richard Fields, Sleeping Ruhliit. Joseph Vann, John
Burge, Ootcrnawa, Elijah Hicks, John iluss, John
F. Baldridge. Peter of Aquohee, Jesso Basheyliead,
John Ridge, Elias Boudinol, and Charles Vann, be
endowed with full powers to enter into un arrange-
inent with the General Government of the United
States, for the final adjustment of the existing diffi
culties of the Cherokee nation, upon such bases and
terms as may he deemed by them best fitted to secure
the peace and future security of the Cherokee peo-
plo."
In the last resolution adopted at the same
time, they resolve:
•* And that we forbid any negotiation through any
other persons, and will not hold ourselves bou id by
the proceedings of any (other) delegation,” See.
Mr. Chairman, it is under this authority
that Ross and his party now allege that the
treaty is null, because not made by the com
petent persons. By whum was the treaty of
New Echota made? By John Ridge, Elias
Boudinot, members of tins very committee,
and eighteen others, influential men, of known
character aiming the chiefs. Why was it
made in Cherokee? Recatise Ross and his
friends would not conclude a treaty at Wash
ington in the preceding March, alleging that
he must take the sense of their people ; that
it must be submitted to them. Well, sir, he
was then distinctly notified that he need nev.
er again return to Washington to effect a trea
ty ; that if there should ever be a treaty
concluded it must he done in the nation.—
Ross was again and again reminded of this hy
Schermerhorn. Nevertheless, we see him,
alter having himself and friends invested with
power, not hy a majority ofthe naiion, lor the
documents show that the Senate basis of five
millions was rejected in open council by only
1076, and that the same number ratified and
confirmed die delegation of Ross and others,
aud proti-sted at the same time against any
other delegation disposing of their lands.—
Succeed first in rejecting the five millions by
less than one sixth of the whole nation, and hy
less than one sixth of the whole nation caused
himself and friends to he invested with power
to treut then and through all time. A minor
ity is competent, it seems, to authorize Ross
and his party to sell their country, but a ma
jority is required lo make the sale of Ridge,
Buudiiiot, and others binding. Yes, sir, the
treaty of New Echota is now denounced as a
foul blot on our national character, conceived
in fraud, consummated hy a minority, and
therefore a nullity, which the honesty ol the
nation should repudiate, and nil honest men
decry. Yet, sir, those who hold this Ian.
guage, whose delicate sensibility is so arou.
sed at the very name of this treaty of New
Echota, are prepared to enter into a treaty
with Ross and his party, who themselves rep.
resent a minority of less than one sixth.—
And, sir, I ask if it treaty was now made, or
had been made, by Ross and his party, would
it not have been liable to the very same ob
jections now urged to this treaty? How cun
you draw the distinction ? If a minority ot
the Cherokees are competent to invest a del-
egation with treaty miking powers, is not the
same, nr even a greater minority, upon the
same principle, equally competent to make a
l reaty themselves ?
This, sir, brings us to another remarkable
incident in this affair. The records show that
Ross and his friends here in Washington, af-
ter the news of the treaty reached them, were
enabled, from some time in the early part of
January to 3d of February, to present to the
Senate two protests against the ratification of
the treaty, one of 3,250 signers, the other 14,*
910, making 18,169; and this shows with
what means Ross and his friends bring every
thing to bear. Can any man believe it pos-
sible that iu one mouth's lime, or less, in the
midst of winter, among mountains and snows,
eighteen thousand one hundred and sixty
persons in the Cherokee country could have
been seen, their names got to these protests
and transmitted from 'he Cherokee country
to this city ? Tho thing is impossible. The
people were not there to be got; and, if they
had been there, the time ui which the protests
were obtained absolutely forbids the belief
that the names were genuine. Yet, sir, we
see many gentlemen are willing to take eigh.
teen thousand one hundred and sixty as the
number opposed to the treaty, when there can
be but little doubt thut the whole population
nt that lime east of the Mississippi did not
iiuiuhci as many. But, Mr. Chairman, all
must admit that, ifthe resolution of the Gener-
>il Cotincil was competent authority for John
Ross and other delegutes then appointed to
treat with the Government, their power w-«s
unrestrained, and they w ere at liberty to make
such treaty ns was, in their judgment, to the
interest of their people. It will be remember,
ed tli.it Ross, in his correspondence, express,
ed a deliberate conviction that the happiness,
nay, the very existence of his afflicted nation
depended upon their protection from State
laws. In this he wag doubtless correct. But
the question is, did he act in conformity with
this opinion hv defeating a treaty ? Certainly
not. No sooner hud lie secured himself and
his friends in a treaty-making power in tne
manner 1 have already described, than he lie.
came bolder and more unequivocal in Ins
movements. He announced with much pomp
his readiness to treat, if Mr. Schermerhorn
would produce his credentials and ."hev were
•satisfactory. At length our commissioner
exhibited his credeutials, and received for
answer that, though there might he wcllfound-
ed objections taken to them, he, [Ross,] how.
ever, would waive nil exceptions to form, and
hear the proposition of Mr. Schermerhorn.
The subject of n treaty was again submitted
and again rejected, and Ross and his party
then gave notice that they would leave for
Washington und tiiere receive prepositions.
Our commissioner, as he was in duty hound
to do, again gave notice for the nation to be
convented for the purpose of makitig a treaty,
and that none would be made in Washington.
In the mean tune. Ridge and Boudmot, dis.
covering the game that Ross was resolved to
play, withdrew from the delegation and dcc'.in*
ed to have any thing more to do with Ross.
A council was assembled at New Echota in
December, after full and fair notice to all
panics, and tiiere the treaty, so much denoun
ced. was concluded ; and, I am free to admit,
with less than a majority ofthe nation. But
while 1 make this admission, it was the fault
nfthe nation, or rather John Ross's intriguing
and selfish policy, that prevented the Indians
from meeting in larger numbers. Had Ross
been faithful to his nation, he never would have
abandoned it at this time, when he was aware
that a council was again culled, when he hud
been officially informed that no negotiation
could be again opened at Washington, and
when he had himself, about the middle of tho
preceding March, declined entering into a
negotiation at Washington ; alleging, as a rea
son, that it was jus duty to submit tho sub-
ject to the sense of his nation.
Now, Mr. Chsirnmn, under all these*cir.
cumstiincns, when it is rememl»ored that this
Government exceeded, by six hundred thou-
sand dollars, the award ot the Senate—when
every body musi have perceived that' Ross
and his party wele wielding a despotic iiiflu.
encc over their people, in order to advance
his own selfish views—I submit it to the can
dor of all if this treaty is not placed upon as
high grounds of moral jtislice as any ever
made between tiiis Government mid our Indi
an iribes. 1 claim for this treaty no more
nor less than for other treaties with the Indi
ans. If all others are null and void that fill
our statute hook from the origin of this Gov.
eminent to the present day, then you may
consider this in rite same light. If tnosu that
precede the New Echota treaty are valid and
binding upon the conscience aud honor of the
nation, so is this ; I place them all upon the
same footing. Ail—yes, sir, all—if to he
regarded in ihe light of treaties as made be
tween civilized nations, between equal powers,
are null, and, if you please, sir, fraudulcu*.—
Will any gentleman tell me thut the means
resorted to to effect this treaty were different
or more exceptionable than have always been
practiced ? No, sir: if you charge those who
made the treaty of New Echota ns usurpers
and dishonest men, I answer you by saying
that I have proven Ross to be both the one
und the other. So much for the treaty if n
.were now an open question, which, as I said
before, I utterly deny.
Mr. Chairman, has it occurred to gentle
men on this floor that Georgia, in her federal
relation to the other States, has rights of the
first magnitude involved in this question ? It
has long been lo me, sir, a matter ol much
surprise to see all the sy mpatlnes of this House
constantly and earnestly engaged on the part
ofthe red man in all our disturbances with
them; but of this 1 do not complain, I stand
here to ask for the rights of my Slute, not the
sympathies of the House ; if the one cannot
be obtained, the other is not worth having.—
What, then, let me repeat, tire the rights ot
Georgiu ? So far, sir, as regards sovereignty
and jurisdiction, and soil, they are equal to
the rights of any of the original thirteen States
None will, none can, controvert this. Has
Georgia, whilst a colony, or since she became
a member of this Union, parted with her rigid
of jurisdiction and sod over the lands in the
occupancy ofthe Cherokees ? Certainly not;
hut, on the contrary, as far back as April,
1802, the Slate of Georgia entered into a
compact with this Government, whereby she
ceded that immense tract of country now coin-
prising the States of Alabama and Mississippi,
and the fatter stipulated among other things,
to “extinguish for tho use of Georgia, as
soon as the same can be peaceably obtained
on reasonable terms, the Indian title to all
the lands in said State.” And what is of
some consequence in this discussion, by the
same compact, this Government did ** cede to
tho State of Georgia whatever claim, right, from 180.
or title they may have to the jurisdiction or
soil of any lands lying within the United States,
and within the defined limits of Georgia,” as
settled by said compact, which embraces a
portion of the territory ceded hy the New
Echota treaty.
Mr. Chairman, this compact does not en
large the rights of jurisdiction and soil in the
sovereignty of Georgia, hut it is a full recog.
nition of an antecedent right, an unqualified
surrender of all pretension whatever to the
soil ami jurisdiction within the limits of Geor.
gta, and thereby surrendering up to Georgia
the undisputed control of jurisdiction and soil
which embraces property and population iu
its fullest sense. Hence, sir, if Georgia
thinks proper to move against any portion ol
her population, unless they; can elaim protec
tion under (he Federal Constitution,''Which I
admit to he paramount to the act of cession,
there is no power known to our form of Guv.
eminent that can rightfully interpose or ques
tion our course. Can the Cherokees claim
the protection of the Federal Government as
against Georgia, hy virtue of any power un
der the Constitution 7 Certainly not. The
only clause of tho Constitution that lias a
bearing'on the question is, that “ the Congress
shall have power to regulate commerce with
foreign nations, and among the States, and
with the Indian tribes.” The Slates mean
nothing more nor less than the States of this
Union, and of course embrace the whole pop
ulation of the entire Slate. The boundary
ofthe State, so fur as territory is concerned,
gives us the idea ot locality and extent, und
to regulate commerce with a territory as con.
tradistinguished from the population inhabit-
ing the territory, is an absurdity. To regu
late commerce with the States, means the
people of flic States. It is not possible voti
can discriminate between portions or colors,
but all must be regarded, in a commercial
point of view, as a Slate or community, li
this be true, then there is no power in Con-
gross, either in a commercial or political
point of view, to draw a discrimination he-
tween different portions of the people of the
same State. Hence, sir, all your treaties
with the Cherokees within the limits of Geor
gia, are merely permissive, not binding upon
that State o moment longer than she may
choose to submit. You have the same pow.
er under the Constitution to treat with the cit-
izetts of any one county in a State; mid at.
t> mpt to enforce the provisions '.f such u trea.
ty against the will of the Slate, ns to insist
upon the right ol treating with the Indian pop-
ulanon of the original Stales, aud enforcing
the provisions of toe same against the will of
such State. In the one case as in the other,
u State might acquiesce, hut the sovereign
right to disregard at pleasure is not at all
unpaired, nod can be called in requisition
wh-uever the occasion may require. Geor-
gia bus paid this Government thirty-six years
ago to exdnguish the Indian title within her
limits; hut it will not he pretended that Geor.
gia is thereby precluded, by virtue of her sov-
ereignty, to do it herself. She may, by her
own act, forfeit her lien on the Government
to perforin the contract, but she never has,
for one moment, divested herself of complete
power over the whole subject.
Now then, Mr. Chairman, how does the
question stand? You have made a treaty
with the Cherokees by which you have ex-
tinguished their title to the lands in Georgia.
In tt»is you have redeemed nt last your obli
gation by the compact of 1302. Here then
the question is settled. If Georgia is s ids
tied with the manner and mode you have
thought proper to discharge your obligation
lo her, it does not become this Government to
object. We hold you to the compact with
us; wc hold you to the compact with the In
dians, which is tiie fulfilment ol your obliga
tion to Georgia. And never will that Slate,
nor will l as one of her representatives, con-
seat to nny modification or alteration of its
terms. To the letter 1 will go, and on that
will 1 stand or fall. Yes, Mr. Chairman,
Georgiu remained quiet, confiding in the jus
tice of this Government, for more than the
liiurth of a century. She looked with regret
and mortification at the shameful neglect of
her rights. She saw and felt that repented
opportunities were offered when this Govern,
meet could have extinguished the Indian title
to the funds within her borders. In 1808, in
1814, and in 1817 and 1819, at which times
treaties were made with the Creeks and Cher
okees, it was in the power ot this Govern
ment to have quieted the Indian tales to lauds
in Georgia. But sir, the policy of ihe Gov.
eminent was lo purchase ihe Indiun title west
of our boundary. In Mississippi und Alaba.
uia the Indian title was first to he extinguish,
ed. What wus the effb.'t of this policy ? To
concentrate in Georgia, and on her frontier,
the whole Indian population of tho mighty
tribes of Creeks and Cherokees. And, sir,
ns you narrowed down her territory, in the
same proportion did this Government increase
her difficulty in discharging her obligations to
Georgia. This consequence should have
been foreseen, anil strictly guarded agiiinst.
Yet it was the pleasure ofthe Federal rulers,
notwithstanding the repeated memorials mu!
protests of Georgia, obstinately to persist in
this course of policy, the direct tendency ol
which was to fasten upon the territory of
Georgia, throughout all time, an Indian pop
ulation—a population that this Government
was under the highest moral obligation, as
well as by express stipulation, to remove with
the feast possible delay, and at her own ex
pense. Well, Mr. Chairman, after waiting
to 1829, with no earnest effort
BTLf- V"™ —
having been made to dtschurgo the obliga
tions of this Government to Georgia, a state
of things had actually taken place in the
Cherokee country which would no longer ad.
mil of dclny on the part of that State. It was
most manifest that Georgia had k> look to her
self for the preservation of order and good
neighborhood, for the maintenance of her (to.
htical rights, and the enforcement of her own
laws. Remonstrance aud petition had failed,
argument, reason, and justice urged with all
the eloquence of candor by the constituted au
thorities of Georgia, by her legislative bodies,
w.ere no longer regarded with favor by.this
Government. And the alternative wns pre
sented to my State, either of beholding, for
the first time in the history of this Govern
ment, the right of a sovereign State over the
jurisdiction and soil within her own limitv-^-a
right for which site, in common with the ori
ginal thirteen States, fought for and won in
otir Revolutionary struggle, und which she
believed and felt was guarantied to her by
the Constitution—prostrated under foot by
a code of Indian laws; or, otherwise, to as
sume ihe responsibility that honor and patri
otism demanded, of vindicating her laws and
free institutions from violence at home, or
aggression from any oilier quarter. Sir, sho
did take her stand; and I behold in her.atti
tude thnt undying anti unconquerable spirit—
the hive of liberty—which is the patriot’s best
hope that our free institutions may yet be
preserved.
Mr. Chairman, in 1827, the Cherokee tribe
of Indians organized n Government with a
written constitution and cotie of laws, extend
ing over nil ih t portion of territory then in
their occupancy within the limits of Georgia.
The Cherokees claimed exclusive jurisdiction
over the persons and tilings within their lim
its, What, sir, was llie consequence? Tho
had, the profligate, the idle, all grades of the
human character from every portion of tho
country, were rapidly congregating in lib*
Cherokee nation. Ihihltc highways, connec
ting the white settlements in Georgia, Ten
nessee, and Alabama, were frequently beset
by these lawless wretches; robbery, and
murder were the necessary consequence.—
These examples were quickly imitated by tho
more ignorant Indian. The scene was tod
shocking lo describe. If, perchunco, tho of-
fenders were likely to tic brought before the
tribunals of the Cherokee nation, they sought
safety iu ilyitig to the mountains in Georgia
and Carolina, Tennessee aud Alnbamn, and
then would again commence new operation^,
by plundering the Indians. When in tho
Cherokee country, they would plunder the
whites; when ort tho borders of the settle*
incuts, they would plunder the Indians; and
so numerous and well organized was this
bund of thieves, that for u length of time the
arm of the judiciary, the ministerial officers
ofthe law were resisted, and ofteu'bafiled by
the superior force of the offenders, in the due
administration of the f.ivvs. * This state of
things, brought about solely hy (he preten
sions of this Indian Government, could not
longer he endured. The jurisdiction of Geor
gia and her responsibility to Herself and the
world, for preserving the rights of her citi
zens, of property and life itself, imperiously
demanded of her, us the Government had
failed to leninvc the cause of this annoyance,
to arrest the evil. Well, sir, what was the
first step taken by Georgia to accomplish this
object, which the candid of all parties must
admit wus her duty ? It was, by legislation,
to extend her critnin d jurisdiction over her
entire territory, and thereby abrogating the
Indian f .rm nt Government. Was not the
Indian a- much protected by this act as the
white mao? Was it not as much, nay more,
necessary to protect the Indian than any oth
er portion ot nor population ? Their oWrt
laws had proved inadequate to the object,
they had been tried and failed. Instead of
preserving order, the result was endless .con
tusion and misrule. We had stood by anti
seen the experiment fully made, aud it had
most signally failed. Every principle there
fore of enlightened humanity, as well hs of
honor, of patriotism, and of State sovereignty,
demanded the course that Georgia pursued.
Yet, sir, it is retnarkuhle, that for this act of
Georgia there has. been an uniform and deep
voice of censure, from a particular quarter of
this Union, from that day to this. Nor has
there been any Thing left undone, that could
thwart the policy of Georgia, in adjusting her
own domestic rights and interest^ to which it
is eveu indecent on the part of tlie other'
Slates to allude, in the terms of coftSUfd,
much less of interference, and more especial
ly tlie older States of this Union, if, sir, I
were disposed to retort, by telling the story
of outrage, cruel, merciless, and vindictive ns
it was, even to the extermination of whole
tribes, tvhnt answer are gentlemen prepared
to give? Where are tho tribes that once in
habited this country from Maine to Georgia?
Either swept from the face of the earth, or
h re and there small numbers residing in ob
scure corners, broken down iu spirit,.degra
ded, poof, and miserable. Yet, sir, we of
Georgia are to receive lectures ou morality,
on the rights of the Indians, of humanity; to
savages, from the people, of those States
whose forefathers ha\e exterminated tribe af
ter tribe, by tho r j ist, and humane policy to
the savage! Did it ever occur to those who
are thus unjustly dealing out .their denuncia
tions against Georgia, how difforf-nt must bo.
the judgment of posterity from their own,
when history shall tell the solemn truth, that
the humanity and justice of tho JEast and
North, h 1 ’ well es portions of the South, had