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lve<J. The country was then all covered with fii'orgiaV i
w, .is. ..i.. I,v wit., tne Indians,t’ i.Uv •->"
and pnHC»A»r.n of ll.e'n the limit* tnentioned in |'v ri-c*'.
the treaty.” Exc.'pt the chaiUrs which jtrne.iedJ "■;
nil tieor.jiu to t»Lrl«-tliorpe and (ok coio|no y. tli:-. is I ' j lh y
i l. rr.1<-
-I Si.* 1n.lt:
i?hl «it jurisdiction i*in
l»- in lli** tndi.ii,*, lln* l
* m !y prr-en.pt ire mi the
firs' cuaMing c.liiu u\
ml winch
: ' I. ju*t
fill to ex*
Indian title
lrv • and wliiuli '
fiffit
iint >'
iicrn extirtgms
'• n r n go ii|miii
Hill her cmnpl
.iifiit. Tin* In-In
Tlicv have lint Im
They
f the
lint if
If
the first instrument or compact between the whites ;l ^ , v ,
and the Ue.wjfia Indiana, and what does it imply r • t< j,’,.
lines it not ineoutestihly shew some hold of Slate. sii.rii,
in the Indians ? If Savaminh and the siirroiindmp
country was bought, t» it not proof that the seller
hsd title, and if he had title to that which was sold
did ho not retain a title to that which lie did not
■ell? If before Oglethorpe landed, while (I.'orpin
“ was then all covered with woods,” and in the ex
clusive possession of the Indians, they had mines
which they then used or might have used that did
not fall within the cession made to Oglethorpe,
does any one believe that he could by \ irtne of this
treaty, there being no other instrument in the way,
hsve restrained the Imhniis from the use of those
mines? Ithbik no one eon answer in the alii rela
tive. Then from that day to this, where is the trea
ty that is upon any other footing ? If the Indians
had the right, then where have they lost it r—
Oglethorpe, within his ceded territory, and with
his company tinder his King’s charter, was n-
much the government of fJoorgin, ns (ienrgia now
is under its present constitution, and it lie «n| 1
not divest the Indians of their right to dig gold in
their lands, not ceded to him, hnw can < rrgiu d»
it now with no higher ri'rlit, Indeed with precisely
a similar right? We have only to curry tie.n-
gia’s present government back to that tune and
leave out all the treaties we have had with the
Indinns since, and we have precisely the question
above stated. Deriving our right fromOreat llrit
ain, we do not pretend to claim any better title
than she had, unless indeed it is the genius of Re
publics to be more grasping than Monarchies, n
pr.nciplc I trust, that will never lie admitted. The
above reasoning then shows a time when the Indi
ans had a rigid to the gold found on their land ; ft
they have lost that right, it is certainly incumbei.t
upon the party who says he has acquired it, t,
shew tint deed by which it has passed. 1 confess I
have looked for it in vain.
Tha nest distinct .and public evidence of respect
for the Indian title on the pail ol'lirent llrilain, is O'
be found in the King's proclamation of l“(i:i—Ii is
ae follow* ; “ Whereat it ie just and reasonable am;
eeeential to our Interest, that the several nations or
tribe* of Indians with whom we are connected, tool ( ; H , H , r .,|
who live under our protection, eh,>uld not tin moles
ted or disturlied in the possession of siii’!i parts oi
•ur dominions, and territories as, nut ha ring «ern rr
it*. or purchased by us, are reserved to them, or any
of them, ho tlirir hunting grounds; we do there
fore declare it to be our royal will .and pleasure, thin
no Governor of any of our colonies do presume fir
tha present, and until our further pleasure lie known.
•to grunt warrant of tnrrrtj «*r pans patents for ail)
ands beyond the bends or sources of any of the riv
rs which full into the Atlantic Ocean, or up o an>
lands whatever, which not having keen ceded to, or
f urchtsed by us, an aforesaid, ora reserved to the said
ndian* or any of them.”
The next clause of this proclamation further tie-
Hoed the reserved lands to the Indian*. and fiwhid all
persons from either purchasing or nettling within the
same, and fnrtiier required all persons who inid in
advertently “ seated themselves upon lamb which
hsd not been ceded or pure based, forthwith t • * re
move themselves from such settlements.” And then
it concludes in the following just and emphatic Im tluirf, fit. nul ’
gtnge ; " to the end that tin*. Indiana may lie con
trineed of oar justirs and determined ip solution t
remove ell reasonable cause of discontent, we d«
with the advice of our privy council, strictly enjnii
end require, that no private person do presume t
make any purchase from the said Indians, Imt that i
at anv tune, any of the said Indians sic uld he inch
tied to dispose of the said lands, the same shall h<
purchased only ion i s, ill our name, ut some pnlih
meeting or assembly of the said Indians, to Im* held
for that purpose, by the Governor of our Colony,
within wniufi they shall lie ”
Here lllen we do most clearly perceive that Great
Tlritain forever relinquish*^ the idea, whether foun
ded in right or not, oftnkiug Indian lands bi/Joice, A
that she us clearly substituted in its place the right,
and no other, of l*KK*l'i\ll*TlO.N. In this pr-'cli-*
mat ion the pre-emption right, most obviously origin
ated, wits the only one claimed by Great Bn lair,
wh lo the country remained her s, and was oontinu-
•d, sa we shall hereafter see, by Georgia, down to a Th *
very I «ie pt rh d.
lit all the treaties made with the Indians, on the
part of Great Britain, Hint governinent evinced a
studious cure to make it appear to the world that all
its purchases were (air and just. In the Inst treaty
made in 177.1, with tho Cherokee and Creek Indians,
there is a remarkable instance of this anxiety. Alter
stating in (lie preamble, that the Indians in a full,
free and voluntary manner desire to cede the 1 mdii
therein mentioned, tor the purpose of paying their
debts to the traders, mid that it will lie a great favor
rendered them to purchass the same, the lu<lin<is say,
“ we do hereby solemnly declare that we do fully
and clearly understand every part of this treaty and
••sainti, it having been fully explained and interpre- i r ‘
re - | X
<-\ nni
.uni t
tin
ol. the rtupre
pir*srtM-h„M I
myrked, ll.nt
to* - lie p> as- •
.11 t. wile
•ill. d
I 1st 1. !
•Cldejlt
: pr. cisely
t ilt« I; * V.
iiiiil.tr c^se to the -
•S? lies
..hit
land-
•tv in the Iml. t
, would he | ? r,.■
ued i
■ wards tliiit mi .oftunat
ii S8, jit tic
declared to 1 - the sole prr.perly t
an'if to tin■ right of treat'I of the I ait
States to • nnhlr. the Stott to part hast a inf-Tits pre-t in
tioa right* tin liiilian title to the same. '
The filth section of this net declare* the right
extinguish the Indian title, or to apply to the C. nei
Government for that purpose, is v* '-d in 1 Im* ji
lt I e and government of i'iis State, and cohclud* s
these explicit terms. “ to whom tU riuht of pre-em
lion to the same In frags, sahjrrt mhj to the coati n' ,
power of the I’mtnl Stotts. to nothini .e not/ tre.iitij
triati'S for, ami to supn intnui the sann ” 'Jinn art
l» iKHt d iii '!•(». The next jtuldie document in which
We liiifl the subject mentioned, i* in the (’-mi-iitulion
of the State, adopted in the year ',•**. ‘2*hi sec-
t|,,ti of the 1st article, describes the boundaries of
the Stale, <oi* rts the right of s--il and jurisdiction,
nnd concludes |-y declaring that “ no sale of tevrito-
rv of this -lale, or auv part thereof, shall takd pluce
to indiv-duals » r j»riv ite cmnpanies, unless a county
.*r nullities shall have been I;rst 11id i-tf including
licli t«*rrit iry.ntid the Indian rights shall h ive bc-n
, ti ngaiel.iil tb« retir." \\ rds e.innot he plainer
rid the oblig:it.i«nH tiny iruo. emnot be lo lu r:
f-r this G-mrt, as well n » all rdlicers, ar<* sworn 1 • ■
hiipj) rt it. But this is not all : keeping up and r< t
in i entirely in r liformtty icithpn vioin u kii'-v Icdg-
irieitN . on tain-il in tie it i* s. ael* and tin* G -i-sl.tii-
tiou, the hig)n*st evidence of r aht, w<* find in a coin-
'iii'l wifhthe Gi u< re! fi.»vero.nrnt. calh il the art'
c.les of cession, made in lr' ii, Georgia Ktij*uh tiji ■
that 1 lie 1 T lli ted Mites shall Jit their own expense,
. xtiuguisli lor the use
• Imlii
i-kson i
i - r.
1M7
Tlie l,e
siime liie celebrated-lUieern
• '•ted by most persi-m.
ves made In favor of a nn-i
,,Iti-atv m ule l»v Meriwell.
'J’o tint
«• law
nit c-
If lftv
i of treaties!, the most s ile.inn «>f a’lcontrac
egnrdnl l»y all civilized nations, it whuld l
lie #io)a1i.,n of 1 h *t part of the I'nli HeCtl"
s\ article . f the Federal G •nstituti
ly f-r'-i-ls the .‘ tales from pa^snig «
a* - the ohligiition of c-mr act*. ' 'tins u
t made by Georgia herself, because made by
I also in the one by Oalh-tfin in i t; u . G. S. under her power of attorney,, ‘acting as
lature received these treat - s. Imt her agent," ratified by her, and its benefits itilly en-
j 'Veil oil her part.
i have on a former occasi-n said, and I am yet ol
the same opinion, that the 1. lilted States have n-»
right to treat with the* Indians on any subject, but
s-icli as relates to peace or war. and t<> commerce.
those being the only general relations in which they
stand to that governinent, and ns falling within the
powers granted in tho Constitution. Any thin-j
else the Slate of Georgia might reasonably object t-
hut where lands have been ceded as the term* “!
peace, or ending a war, or preventing future distur
bances, or settling claims, the treaties'll re such us till
strictly within the p-nver of the United Slates, and
so Georgia herself has frequently admitted. Mich
wer- a 11 the treaties prior to the articles of cession
And thus believing, how call this Court, under the
solemn oath it has token, evade this explicit ipjonc-
I lion contained in the Federal (’•institution, to w t : —
i o this Constitution ami the laws of the h Mule”
which shall 1 1 ' -
determined to reject the R-
they ordered a survey of the cession without, any
roped to the Reserves, and subjected them !<• a lot
tery with the other lands. The fortunate drawer- of
these Reserves comincncpd their .tctiofis against tlie
Indians resi ling thereon, nnd the question presen
ted was, which title should prevail, tlie treaty title
or tlie Georgia grant ? The question is so plain,
tint I apprehend there is notune mind in onetlo-u-
sand, at this d iy. that would entertain a doubt. The.
decisnfu was. of course, in favor of tlie treaty, «nd
it was universally approved (out of the immediate
interest of the question) bv tin* good people of Geor
gia, and indeed every \v|p re else. The vi- w tak^o
of tlinl case was this, nml it continues to lie the dv
lib- rat • oninion of thin Court. That the treaty mu
king power is paited with 1-v’ 1 lit* Sides and reside*
in tin- General G'-v< rmnent according t . the limita
i rms nnjl powers or mt d t -that Government in tin
tituti-n, but tbfll all treaties, ns well,a?
» ; .te Indinns 1 wtil **
lung o dreap. ns far Vis tin y are c
r-fln tin* elfiraeter o! - ur law.-i«r
ninislration — I- r .1
-urely can, and n • -
execution " In ill
ly in religion, that
n justice and dear
fail hies** pledge.
-is of all society, ‘
All nations are the
:i 11* with r -speei t.» earn other, t
loiislv, nnd caVefiilly to abstain tr
ims! it
10 nuldrnl till 104, und lui v .
l.| poll til*!, vicious sy8-
oxeri'istiiL' 1 tlioso Iw.ioxtroinos Inlfci
lit in 'si kiml- in . tin* sumo intorosl,
*rt i ns loop ns tli- y o-m.
If tho nr.mh<?r«i>l tlioso oonspiijL rs«|/ninst the
Ii nor nnd l!i« intorost ql' tlio nntmi*, nml I n m y
, , s'.iv. against nil nn nil, rolipinnn nnd |>. litii-a) |, r in-
1 • io i!i.'V-I eipl*», onid.i rompin.tlie s-inw, llio evil «uiM
Jisi.sli.1 \ Vs I ffi.;litlnl ill Its pn'Spools. But. ns fiir and
' v'lorlnfii'. . licit s.MT.-ill Ill'll Tilde trade diminishes, (for dmiinisli it must,)
I.I IV. i lioin lot II..i tins III "" Id's.I ill tl.il! snme propoitisn w lit illicit trndo, in all its
Jn-tioo i-.i ,S VMil l) is tho ««:*-1 d-’ninrnlisin^ shapes, imirrase—drawing into its
|„. M ir,. |„„iil . l oll 'iitoronuiso — I vorioy, every day. more mill infiro victims ; romler-
n strict 1 ..Mijrod t" i*nlt'v O'' .ins- j the sense of’ its immorality coiisliintly loss oili-
I o.ica othor. t > nl.sorvo iijsoriii"!-1 tho minds of the people. And on tho other
orv thiuirthnl!, : . ...
tho
b| violate
i what belongs to the
•lie might t'»
and to leu
them
said,
the i
ml all
|M1M
ill the 1
i,thereof.
•ncrul Guverum- ut tha
filled, it wt»uld he absurd
••it the l’r».- il* nt uii'1 •‘'h ii
the la
I tlie e.Vtre
ligliage of tlml HI*
Tiiat the treaty
1 llie,| ’-wers of the
it \
in the p*ar
he elegant liistmia
.vrsnl jiMtice is univ
>d happiness of mie
the degradation <-r
idd lie more gl-wimi
•t their
righti
ellt o
ealilt* enjo
n, |)r R;\m**cy. .ha*
i real interest. 'I'-w
people by n»» nieam
dentrucii-m of nn--
i to civilize one lr*!»•
- tli.
h. teird
I In tr father-, wh
h 11 W is tell the e
vimi-ly imHi^
til* lit ol Jll.-jt i
pofsiladt d, ,1
she in
n to expe 1 -
idling their
exterminate
gilts, prontoii
hlv nbt:
I the I i
!«l to tile Gene
rely tile title 'V
i the carlo
oh Mi W
aTc be’.'n
it hii
Wb it Ii- I
I» *rt .
igbt to c-.innla
bed ; that it
rensonabb* a
it bind tile Flat
id thereby remove all limits
rmnent, wli -n <h-npress, coin*
: .lives of the people, cannot
g Im Ibis view, it became lie-
iether the Irenti' S ab'-ve men-
n puimian'ce of tin* Guii-t tu-
nlll(
a—By the article*
I life
. th-
ut
he nil-fU ' fable f'-r the bail faith
Would HU
ourselves ;
purchaHti i
benefit of
Will it
.t self file
V ill lake 11
Were 1 r
lands 1
n I
Iract of land of
third, will .1 he
lull may seize the |Hid if il -
part with it 3 I f this h an-
and it is imuBted upon st-ri
tice ought to enforce such I!
confess I have nolhing more to‘.ay.
the General G.>v» rinne.it m vi r had n
extinguish this right, \\ hat t!.■ • n won
our situ-ition with the Indian ? Tliey i .
where. I presume no one is vet pre
t ic r throats should he cut t-» nriku u
tin*iiz« <1 man. Recollect, we wou’d
territory beyond the Mis-i-sippi to whi
triiiisjiort them. Recill-et ton. they a
• »f being iueorp -rated with wliite men
one maintain, in the fare of the Mi
evidence flowing tb toil eh s'liuny i
dor on • (.1-., v\ ill C.ll I II i V e j'i -t add
I SO accurately
idiliou hi
usurped rig lit, then I
'
•tr
able Jlul.l
ell Im
tint il w Mild he just
take their property a
to pm them up in so
iu*t believe it. Fo much for the art des «
The next eonfuB.-inn of Georgia (and couf.
considered in roitrls the ver. In M evidene
fid ml m an aide ia port m.i.le in I ■'Mb to • i j
tine, in tlie shape of a jn lit.-n t-» the I’n so
Foiled Hinted, complaining of the lr. I
Jacks m. and alsoCalli- un s lren*y v liieh I
led the only treaty that was likely to rift
vilof the Indians, viz., the treaty «d I T/
J iks ... and Meii wetl.er. In this meimi/i.1
lowing distinct a-’k nowledgnoMit - - 'Die
(ieorgin cliituu it right to the jmisrl.etiun
the territ ry within her limits. File ado,
cr.that the right is imhootr. remaining \
fecited by the United Ft it. h in the irunri
fihli-m title ; the I’nited Hta?*. . / a hoc <
ie nniKtiliitinunl right of tli
make treaties, had ci.*tu ill^
nenl that it should purchas
tlie lau gnage of the mem-;
our M'o-nt pro Imr r V.
of the India
their Ii
the folly
suir. red yours »«• set d wii upon n
c-.iiioi .n p.iieut of us both had j»re-
•d to then! " In this strong Heiit'.-
, nllg'-od im iT^iiiiist 'c incur, and, I am
s one whieh (.Forgia, slandered a<
wliirli slinll be iiimle,nniler 111.-nil *k.- Ins been, will n >1 leel herself'niitlinriurd t" ili-
llmrilv nf tlie Cnimd St.ites. shell be the supreme obey. .But b.consign.! wenk nml ilele.ireless nice U.
r tile limit; nml tile JIDliKS ill every .-tile Hie secure sCvery by diy. nil.) til
•• -1,1,1 be hound thereby, nnv tliine in the Cniislilu- ilunir-nn by snjlil. Inr tr their , "tmlry
n 1 ""' 1 tin,no or h\vs of nuy'-tnte to the oontrnry notwitb- j trij-mls. luf titer mine tituti Hint oi l ,Umo f*>m
es ••III \ R |, |,,| I j, , r " | {.oufess ttinler the immense oliliff'Ulon | ,roin tueir wo bun! umt tlie bind ol tlu-ir ! tUmr^. is
iintu•sell iiimiii my ronscienee by this uneqiiirnenl not only it ile|inrture trout Ibis lienvi-n direoti'il prtii'
■I; r, etioii. I urn not |ire|inre,l to nullity tuese I rent :en. riple.lmt wilOtietir the oondeiiucition ot all CIVill-
\\’»* own’ll to our own character, at Irnme ond abroad ; zed nations, it it*do not provoke the t urse oi *i mucl
we owe it to justice, we owe it t-» hiimaiiit \ ; hut j higher tribunal,
above all, we (»we it to our love nnd veneration lor
tlie. Federal Constitution, when executed according
so it - acknowledged powers, tu respect these treaties
to the extent of securing t • the Indians the posses
sion of (hose lauds not parted with, by fair purchase.
nnd under their free coYment. * i
Before I leave-this branch of the subject, ( will l tlie main jmint
«u r res* a fact, which goes to illustrate, under nnntli- recollection
1 1 hand, driving inofe gfoud men intft the ranks of tho
'! opnrus.sor.s: tlma creating tliofte extremes of rich
and j)o<>r, which now cause the troubles of Eu-
rope.
'I'lie prrsnnsJo whom tliis is addressed (in part)
are men wlm understand figures; and wish, not
only to acquire, but toTetuiu or devise their pro
perty. * Their numbers, truth tlje nature of things,
c lim it be very great. But the breakers of the
laws, whose profits must be small from the vast
competition; who nan number them ?—Calculate
the extent of our *ua coast, and inland Tn ntiers,
ami then tfiy, if possible, where will he the limit to
smuggling, and the consequent degradation of
sound political nnd pure iqprnl principle.
The* emit rithand gan^-s of {Spain, arc the most
desperate m *n on earth: and are alternately rob-
gbi ni. id a | hers and simtgglers; ti.ey go w«R mounted and
■ nml their . a rm ed, and defy all the power of a despotic gov-
\V« a
; tht-fdl.
It w.
requested bv Jiutg
ing usa part of Ins
f Cilliatnn, the Glier--ke«
ny intvutiMii to have ^
ujinniiri incidental qm sti
the aliuv
this ; it
Ci.av roN* t-» publish
ojiiiunn delivered in
• kee Indian,
e given tho Court's
suiting from
. but it escupeti my
utviid.-d Hint if t!
'4|>i-
i,I>1"
,.i" piircM
»*rs could
tin
i i the lid it
land . ivit'liin t
"d p
in 111o h
ni.hy p«
i d.
, the foregoing reaHmiing. 'Flic last 4*eg s- ( I iidians a re permitted to dig gold, they can ei
i d nn nci t«* survey tie' Gherokee nation I any ene else to do it, under the* maxim tliab^
bute it bv lotterv in the manner heretoforeho ib-cs a thing bv another. d'ieS it by liimself,” and
with this exception, that the improvements that therefore they can employ white-men
must j
xi h
falling within any nf the lots, should he
v» d to them, and that the fortunate drawers of
h>N should m-t he entitled to n grant t'-*r the
. r in any manner remove, or attempt t-» rt*-
• the Indians irom tlu irsiid improveiueuts,” un-
•• (i "iieral AfS'iuldv shall enact t-> the contrary,
•d 1 nd.ans (tr their descendants shall vuluntari-
i-ifl-.u rtiu;h improvements? Now n question
i : i!IV arises, what Kind of a title have tliece re-
■ .■s, under y lid act ; I n sinking a well upon their
,i s or in jd-mgliing their fields, if they should
up m jiii i i* of g dd and .njqirojiriate it to their
ii,.., would they he obnoxious fo the law, wli'cli
il criminal to dig g -Id in the Cherokee na
if 111• • y would not, where is the difference
, en tint cafe, ami their p’esentcondition in tii*•
o: ? T lev would hold jhe'T TCMefVeH llllder lio
r till.* Hnn they now lu-ld the u iti- u The net
rediVci s their tilh* from a tenancy in couuiion lo
groes to any iiuuiber, to operate in the mines. Am.
it is urged that whatever use a man lias of |>mperty
lie has the right to employ .all means in his jiower to
make tint us.- as productive as possihlu. Now then
is nothing more erroneous than this principle
the first |»l»ce the ah-
('rime admits
made criminal lie who commits it will be
deoii his own account, and cannot pleod
Des it at the instance of another. But it
hi did apply to criminal cases, surely no un
tile right of the Legislature to alter it am
•h exci ptioii? to the maxim as they iilensed.
r the sake of argument, that tin* l.egisla-
<1 not coiitr I the Indians mi eiiqfl -ying la*
(Mt IZ* t
i and
id Ho
elywli"
in a bi
Hit t!o
i-i a |
you|d :
i !Iiey h kH!
.? And if
lijn-Urs il
h jind coiHiii
y It \ ■ ■ t
r. as I lie I lilted Fta
e of the I odiums a n
exclude them nltog. thei
n permitting it up r u sue
ll;. y might think |>r pm
in the net passed last set
\ i rquir n r ilit*ill to ' hlai
mi, that
Ss ll(- t
tempts to do it
I that
ie will not be concerned
. severe penalty if lie at-
To
ujib.y nil the
ir.iluit
I- ao and
-S hi do
W. II. .i
Il tliis In*
Hitting timti
i in his j)"Wi i
( live ns puss hie, I
• IS.
>11
• if the i
-•mid
Wit-
- high-'
i the view in \vl.h '
•c!« (I by tlie fc'l ile
cnnsider.atii n nl ti
sheen sett!, d by tin
Tin!
1-1 tli iii any - I In r
the Indian' title of
lirmgH in t » Hi
po.e d. ho v it h is been selth d hy tlie C urtJ ot j
i^nd tins braiiuheH again into two views.
1st. As Bellied hy tli-* Supreme Court nf l!i» I
Slates nnd the ye par ite States oi' the Union- - and «d
nn derided by <mr own Courts.
And 1st. Ax to the Supremo Court. JiMticH Kent
the aides! American comment it--r that lias appeared,
in collecting the d.i.i
solid thug the doctrine
*• tlm nature ol tlie In
in the jiirisilietiyn of
res/n rl.nl hij all Court.
■ be!
g pro- thilig th it i
• op
of that Court
this subject, ol.serv's-, that
i title I - I mil;'' lj ing with-
ale, limugli ealil t il to l.t
itil it i< h ultimately rjt’ia*
ted t-» us, and that the same is made at our own re- j IC'iyni. m-not such a to tie absolutely repugnant to
quests and for our own oeiiefit and advaufig-.” This i" 0,1 ,a ‘ - l' irl t "* 'he < •• verm"- - t with,
treaty was tor all that fine country above I.itlle river, .r^'^duii-m Im* lands .are siluat* u -••
up to the Cherokee Corner. I ( ran. R' p •“< Jo I J on,-on in this san;e ease,
r -,,. , .. „ . . , , WeiiMartfi-r than th-rest «d the C-.urt—ie enqmies,
ThtBcWH the finit view proposed, which wnn to « |, tl „. Ill|( , r ,., t W ; |H „„ rt . ,| ri)|
•hew the lueiiner Great Britain respected tho Indian I , .... ' ... i,' , t. i ,i,., i„. ' „i ,.,i ,
•Ills,and crs.lilnltl, .. il nmy tt.td *l„„ , . tint * '^ , i hi, i , r , , . ,
Kinsly guvernment, ills n». n..,r, .» U-.it lit i ,.fj, ; ,, , J.",, ,|,i
ths (Upublios nf AnmriM «1.t th* Indmns tell to | h . ,,„ . Am | it - s ,. v ,. r ,1 M
our charge. I proceed to show how Georgin hri* f ri th-11 a uier.* no j,,|,• v ,t m i t-iiul- •• s
ricpsoleu their title since her acquisition of Hie ter- , r „ i,~ ,.j ", , „ ,1,..' . j
'**2, . , « « . , . ! ,l» ,l lo (tie I'nilcl Si t. s. 1, ui, ll,,- |,.,\v,-t ,<f iin .
She commenced precisely «s Oreainrits.n left oft, r , i „o,„(r 1,'r it—It only » r.*-1
which was l" purtlmit hy Irmly, a eeope of cmnlry , ft,.,.,.,,,!, ,„ ], , r ,• L
extending from the upper line <»l the ccnuon last nn- ln j M , j, v t j,,. F'oitt .1 State "
Hied to the Currehee mminlair). I’his treaty was! Juste,. K,ml enuti:i;i. s. " In the r ise of Jo! a - a ;
UMdein I7.-W, and bv the itulhoiitiesof Georgia alone v s' MrIn tosh (S \\ h- • t !•.> it w.o: -*• it-d ,-m Vu hi-.-!
With the Indians. Two years after another Treaty i ti'rie.al lai : that on tin’ ilise'overv of » n.s . .»; 11in«• n:
bv the n it.oils of Ihirope, tho discovery was e. msuf. ;
id? h
ed.* 11 •,
the same s lu lti ui, diif
in •. but'tliH in. iher of ihe teii inis a
of the reserve, for they ire as t*fleetn
to their naiioii for their own u-e. bv Hit
tic.il treaties,-as they did tho small roe
Use of individual Indians *
I avail myself of this occasion
reserves affor-l a happy illustrati-
hotweeii the States right of juris
dian s right of property It after l.!u* Cm
warded to the Indian tin* private property i
him b\ the treaty,^in his reservfj lie had
plied fbr’ the right of juris-
mainder man
three eh -r »c
committing i
which there
of e.vpirati-n
free hold to r
all know wh
not fall urnle
rv interest ii
ite. that til’s
the dUf-rene
• n and the I -
occupancy as-
» pruicijih- of the > V',iiglish law
it to stay waste as it is called —•
» est te, upon rood.fern, which
Oil of lamjli-rd and tehant, re-
.•ersioner. and these are the only
io cun r» stiain the tenant from
It must he a particular estate to
; ’ iiuif ot
■all he
erta
the
this head,
lands that.
If i
the
II giv
from committ 1
f tint tin Stale, i
i - I'M - o’a r v inter* ?
Ollt to ||.*r cltl/e
nd iiitesta
«•♦* tlie e.s
'll i II teres
- to the time , of t!
viler of the doll a
*;iste. We slav*
ns ; it. does Is to
gilt to
pr'.’perl /
make th
•Id “bseive, tile slight.
msoundm sh of tins-
instanc*
.s, where tics p Fit ion. is fa sill
Microns acts iliat jnevertt pi rs ns t’r in
gaming tables, that prohibit t e re-
piriluoiiM liquors without paving, a tax
periifnnfnui, .and if n tax t.» one amount
nposed. so may another, nnd it may lie so in
asedjis to prohibit the use of tlie property alt* gelh-
But there is a case < Xiicily in point tin
sed at the session of I **‘2i>, entitled ‘* rtn act t(?
Iiihit tin* einjiloymeut of slaves and free person*
col-nir. in the setting of‘types iu j»rinting otHces
Tlint art inflicts a penalty of ten
for every day, or n part of a day. such
slave or Ire* 1 pets.oi to iy he employed. Now whit
s is to hinder the l.egisl Hue from ‘taking the above
- caption, striking out the words ** selling • f t\ j»es”
- \r.. and si.I.st ituti* ” digging i*f mdd in tlie C . * * r -
i kee r il ion,” ami instead of prescTih; ng the penally
1 ' of |t) dollars a day, (mnfiscate the slaves and joinisii
e, Hlei
heat la
the fn
pr.’ju r
jm-
N -a
loll I
nod. r
■ been answered :
nt of tlie Mate pi
liin its limit be tl
at it ui »v. or be th
or while A ml s
ml r th
sidy I
oitiir
- large
11-e.
sijuatii i
g,-r*l to
ed, the
.* gi-lalflre eotlid r»’s|rain the good people of tl.e
lute trim*, diggingg- 1*1 on their l.iiiib,. The r t it*.
s not lin'd in remainder. At reiunind»T *• is d» lin-
d t i be an estate Hviiirel. t‘» t ake efl’- et and be «-n-
• ved liber another eslaie is determiiiiol. There
lust, be a parth’ul ir estate cr ated, c.erlaiti and de-
iii'ii'ler beiiig a relative term, implies that a part Ins
di-p-
i this If the tre •
ere the irhole
iil.lv i vist a
r; hut *
ill he
ost bet-
* inter
estate in
st percei
mtend.'d, tint
wat made hy Georgia Commissioners with the Cr*o k
in which in found thi* clam:.*, “ if any eilizmt of
III in State or oilier person shall attempt to settle or
run any of the Uuds reserved to f!i«* Indians for their
hunting grounds, euch person or persons may he de
tained until the Governor shall demand him • r them,”
nnd then he was to he punished in the presence of
the Indians In 17~7 the Federal Constitution was
formed, til* lQUt Sec. of the 1st Article nf which de
dared that '• no Slate shall enter into am; treat if." nnd
by the ‘2d. Sec. of the Sid. Article, it is also declared,
that the “ President with the. tulriee and const nt of the
He mote, (tiro thirds eanearring,) sha'I malic all Trea
ties." Under thin constitution. Georgia believed
that she find no longer the right to treat with the In
diana for their laudf ; she always asserted and main
tained her fight to the jurisdiction nnd ultimate soil
of the country, through very many dirtieulties „,j
wii ch she hud with tlie general government, hut
yielded the right to that government to purchase off
d to have given to Ring
jects or autlioi ity it \\ ,.s m
qairmg tin soil tl'Uii the n
rinption) as ag tin. I . 'I «•'
F. ieji iritiofi cliiitned the ri
jn exaliitdon of all ottirrs, >
subsist between lb” d: •< -v*
> Ae|* si it, ng th.it all til*' 1.
till
Million and e.liiiii 1
object t*> tin* Indnn
File U Mill'd Ftiit« 3
I their rxeMixive I
•*7 purchase *-r e-
An
d the
. the
r*:iit
*1 the
wholes'
c : u‘t of
-t.ate
meant ;
it hi n t'i*> 1 i ots i
■nil,led, to .1 a
pr* v ule.d throw
i t!;e (ieiu r-IGnv
aa'ddly d- .d tred -
■‘distinct aei-
led in Hi;. (.
tul *
equired, loaf
i gilt to .
ne.ueNl.
• he.
ll'
|*Tinc : j
r-• I ml
t the >
wlds
r.al Governin'
■ the State's i
consequently
M*ei il *»
- l | bv: ke
■d of? for wl
• cannot p- fi
*st granted, w,wit« ver it m y
possession."—*2 Blue lli",.— ,
ve that this relalioji d**es not ,
ajid the Ipdians. *• All estah
reversion is tli* 1 residue of an estau* left in the
in*, r. to cmum'iic** in possession after the d. ler-
uati-in ”f so:i|.. j,irtieu! ir estate granted "lit hy
•i —i \ i’ 17-3 Sir lil.vinl Coke descri!»es aj
o r »ion t«» lie the r* turning of hand to the grantor,j
his heirs, after the grant is over. Now it is eqmil-
nh-ar that this estate dnen notrtpplv to the ease of
■ Indiana; for instead of Georgia's being the grilli
ng a particular estate. t<- the Indians,
fie duration, the very reverse
<• the original grantors, and
a tin- grant, to wit .the tr* a-
, unlimited as t*> time, and n-*t
ts-'iit. T less are a.'l the es-
possihilittk.be made to hear
it may with great confidence
•ther »• in he Imind. Tlieir
rli is t*> Ini
•ue. Th*' Iml nns a
Tve t-* then,selves i
, an interest \vhie.h 1
nd without tlieir c >
•s which civil hy anv
'U the question, anil
rted, Hint u- ue
and t
II-* the
utlir
jilTtic
vlint I iiuv-
;, prior t,
. i
i r '?'
by treaty, for her use, the Indian title to said lands, t },,
always eo ceding that the Indiana had a title of „
which they could not be divested hut by fair pur- \\
cfiase,st»d that Georgia had the pre-emption right 1-*. p
4hf same. The first public document where this j|
right of purchase is considered a pre-emption right, .|
is in the Convention of Beaufort between Georgia q
and South-Carolina, in which both parties designate Hint of J;,**piti
it by that name, to wit : “ Georgia cedes to Smith-! p.Mnlent, w ith a gbinl
Carolina, (the lands between Tugaloo and Kiowee) f.,r their protertnm."
and the riglit, litl« and claim, which she hath to the ru j,. s«;tali!ish.'*l to kc
government, sovereignty and jurisdiction, in and -ir .vvrn nnd protect llv
over the same, and also the right of pre-emption of j ni r tlu-ir lands toot
I ex'rciJ.'
’ could tr
of th.- I.
that tin* Staten v. i
lions IMI, claimed
. and that the
ie but tile |»* wer claiiuii • th** jur.
t.-rrit >ry. “The pecuh.ir^aliitHam
our aulimrt of the 11 ui To ll nati’-i.-
incapnhje of sust-iiuiiej anyaiilii r r*
liit*'s than that of de|»endi’itce und -
Other way (*!' dealing with
■r them sejiarale. Mihordig;
ether
and |
ii roll ii
the soil from Uu* native Indians.”
In numerous acts of tlie State, whenever Indians
or Indian lands occur, a tit e of some sort is always
acknowledged in the Indians, and that the same
must be extinguished by purchase, and that by th**
United 8tat* *, since the adoption of the Federal
Constitution. Il is wonderful to observe the tnam
ordj to thij
i th ui
ml de-
I lin-m !
After mentioning that, the;
tlie Indiana Kith*>rdiimlc, t .
.to pnAvneHn \iV”-a m II-
■. was the best tint could in-
of evidence spread through the public r,
•(Tent. For instance, in the act of T3
J adopted with safety, hustit*-.*, 4 ‘ this was lit
on the pretension of converting the di. v« ry
country into a conquest, and it're now tun !
dnw into discussion the validity of that pi* n
nr the restrictions which it imposes It is est
ed hy'iiumeroiMcompact^, treaties, liras an
nances, .and founded mi imuu’iu> :us .c.
coTjntrv is colonized and settled. mG is now Ii
th the cons
:r r*-s|H-olive nrticb s.
i n. in the < -in- 1 tr* nTv
a oftln relinqiiislinu ii
I.imUmI St;it*s (will pay
;m-l will contiiiqe 1 he g;
<f tin* «• uiitrv 1> r v. ..
iner treaties." And in
it is declare I that said tri;a- I S,M 11
is ad.litiunai to. nnd form-; I" r * v
-■ill* H. „„,l slrill I..- «-:,*■ r!, -ll -
. . WITH M l. - il!(-1• '
pint lit!” is n>i 1 • niit*■ d as to dm
them is, to nil intents and purposes, the
tVe simple ; they do m-t care what it is called, if ye
| d<t not t ike it away by force, and will sillier them 1
, retain the use and p isms-dori of it till they chons-
• - part \v tli ii up -n tli-’ir free and voluntary consent
But we frequently attach wr ng ideas t*. pai'iculn
t«*ruiK. and it' it is understood b, tho term occupan
; cy, that it is sueli a fitle ns will justi'y (ie. rgia m
| renmviog tin* Indians whem*ver sin* (deaseH. n thj'n,
! can 1-” nm're m-nn - us ; for acyording to th
s', ndicalion of occupancy, .as understood io t
ii it law, they will have a right to retain 4h
eminent:* on I tiro always omipiod in smuggling,
rih'.iing, or r»*bcllton. What a.fiohl in our .wild
and unprotected country,# for tiio same clmrac-
ters, and liov s? ..ill is the chance of subduing
them, when embodied. Jmokto it, rich men, who
wish to leave your cltildjcn n pencenble inherit
ance. 1 ! But a as!—there is no safety or jieace,
with ill-gotten treasures. The power may full in
to hands, which tuny make you rue the day that
you set this fit il example of dereliction of princi
ple. What will you or your children say, when
men more destitute than yourselves and more
greedy if possible, when you or tliey shall bo told,
tint it is wrong in principle they know, but quite
er/trditnl to pursuit .their jmrpose.s, although those
purposes go even lo tho division ol nil your un
lawful gains, by some new and senseless agrarian
law ? You must be silent because your venerable
precedent lias given sanction to tlie principle nf
rtfwlicnn/. It was expalit nt to Confiscate all the
■ , large estates in Fringe, and to cut off the heads of
, . IU ::.. < !P!U'..*."! their ownnrk. The people argued that they had
been robbed before, nml reduced to mendicity, un
der a similar plea, and tliey did but retaliate a
thousandth part part of tire cruelty and injustice
which bad been prnrtiscd on them for rtges. I'ltn
apparent difference was, in the time of executing
these primitive wrongs, nnd the relation: Hie one
was a lingering death, inflicted by degrees, the oth
er was sudden and violent.
It was said that two Auguts never met in the
streets of Rome, without smiling at their own
tricks, and the ficdisli credulity of the people. If
did this ho trie*, the priests of tin* immortal city, what-
d tln ir ever might have heen their nliiyious sentiments,
had no great delicacy of moral feeling, Now, as
I live in a city of a high inoral nnd religious repu-
t ttion, I will venture to ask of some of those who
have pretensions t" moral worth,-ami who profess
religion, what i< their feMing when usAbmblcn to
gether in secret conclave; each knowing the ob
jects of the others; each aide to appreciate the jus
tice and equality of tlie system u(protection and
restriction, as now practised?
Again: In what estimation do they hold each
other, how tlir would they trust each other beyond
the pale of tiio law ; what faith have they in the
religious professions of their associates, when they
say (being Christians) we wii! always do unto others
as ir wont I that others shont’t do unto us ? In what
estimation do tliey hold the people, when tliey.are
able by sophistry and deceit, to make them believe,
that it is better for them to pay double price for
iron, clothing, sugar, and many other tilings of first
necessity for the poor? Gan they help despising
tlieir own dupes ? .Can tliey, like the Roman Au
gurs, do less than smile whenever tliey meet*?
We are certainly making had times for those
who are to come alter us, because we are warring
against reason and principle, t and our acts remain
as p*vcedeiHs. Our individual crimes die with us,
hut not so with our political errors; they not only
i remain, but are over fruitful in producing new and
‘complicated evils ; and even redder it necessary to
legislate in error, to avoid the greater inconven
ience of a sudden change.
One rpore word lo Jho prudent and rich*to fa-
thor.« especially. Suppose that a certain number
n c mu • of the s cithern states, were to withdraw from (his
glu ilicif | confederacy, bv n sim'iltuneou* vote of their in
habitants, nvohtinw the unconstitutional combina
tion of states, use iro fully ns the advocates for pro
tective laws uv id the forms of oxpressio i which
would bring their eftso before tiio federal court.—
(Pbrh tps they*tniglit not he all southern states,)-—
(bin wc imagine that tho general government
\voii)d have the disposition, or the power, to raise
a force in the other states, to march against the
seceding Tates ? I believe that no man who is
Acquainted with the state of jiarties, and tho fee
lings, even in the most deeidmlly tariff states,
c )ul>l imi rinc that an arm would be raised for that
1 1 purpose. Tiioso disaffected states would with-
‘; draw as peaceably as we retire to-our dwellings
j after our day’s labor.
I When* are the soldiers and who is to pay them ?
1 Mm are dear in America, ami have better business
I to do, than to contend with black troops. \\ ill tho
From th: Huston (iazitie. i manufacturers raise &*Ttppyint armies and fleets?
l’OU nc \h HONESTY I * ^ ,e .y nrf! VPr y ricli- we know, but they are men of
, 0 over despair of the lim,l'proven™ lia " rCS ’ ar ' t '| kno ,' v Soots cost; and
•iiilly nt si,,-!, truths ,.s nr,- hi v l.lv moreover, U,oy. kiuiw Mint tl;«y » „ul, ho killing
• t their customers, or # drivtng them to other markets.
eu-
,'they have but to
retire; nobody nortli of the Potomac will trouble
them ; their oppressors Jiere, will have enough to
do at home with a gnat'majority, which would not
be long in showing itself, in favor of rtiore just
views und a sounder policy.
PLAIN TRUTH.
N -ih
they
o'iices, a |»r*• |» rty as murh tin irs ns Him' ii-** ol !-•■
1111 tl in tiiat <*l tli** Indians, surely no uhj**ctiou con
be urged ig iiust Hie State's |)ifv*’iit,ng peojil.*
I'roiu eui|il'*y.ing slaves nr tree persniiB in «liggoi”
g*»ld in the ii,ilmn, < r ( f iiiring them t the I n<I in ns
fi r that jiurp- ae. ll' a law can prevent the iiiring
of a slave in himself. - r to another slave, it can to r,n
Indian. (Jo this-Ulflecl the Court leels im iJiJiicu
tv, for w !ii!** the I oiled Flates regulaleil the int*• r-
conrse with Indians, which right has now p’.ssed to
the Slate**! Georgia, it reslraiued the admission of
while persons in!.* tile nalion. under much s«’Ver»*r
penalties th o* evei < ie«irgi i has resorts d to \Yhnt
ever rights vere *-.\er**ist-d fiy that g-iverume.i!
itol I'd all tile rtghts wllieli helolio lo 111(11
lulion-. are now exclusively under the out
Georgia, no ollierw ise bmiuJ linn hy her ow
liauts.anjl the lawtul treaties nf the land.
Should
of truth,
mtore.,ti,m t„ tho Imppinoss :u„l prosperity „f the! ^ "r.« r, ™ l R *”''»! -> ou'or ,nur
Kro.it ni-ij irity of th- world ? It such uf.portunt! f'' wlwn .?»r r ll,l « Bv “ *''?T th ?
” • • -i 1 .., ... . j durance ot the southern state —
truths wore to bo dciipnircd (*f, sad indued would
bo tho fate of-tliis nation. NVosccm to appre-
li"nd tin* approach of infidelity, and dread tho ef
fects of a f nmlo lecturer on moral philosophy.—
But isjhere nothing to lour in a country where the
, ncquisit.itin of |)roporty is’ more especially tho oc-
, cupation of every one, and of our whole lives, than
, in any other country on earth; in a country whore
, every one has an opportunity of expressing oj*in-
• ions, and maintaining them, however extravagant
they may he, and where every one reads? Is
r there nothing to fear in such a count ry, wlierc* men
■ of Hi * h;g i sta rim g fir we-tlth and talents, dis-
1 sominate error, and practise upon it, under the plea
I*** r 'ti °* c *‘f ,! tiency: and that error, and the expediency
I'Fj thereof are booh to enrich, hri/otvt measure, the
laml vor y advocates of tliis (also doctrine ? And, mnre-
•tn*’. o
t • tin* •
he
I they voIn,, tn-.lv ii land fin *»r hell it. Mr. Black- ovf *r> is almost inconceivable, these very doc-
*• in di s- ribino th** title to lands by oeeftjnuev, tors of moral heresy, ncknmvlodge'their doctrine j
it •* is the t illing p ssesspm of tli-ise thin ;s to he wronpe in principle.
•ii het-T.* belonged ta iimIimiIv. Thin ns we iia ve I j’every moral piit;ci|)le is to give way to the
i is the true ground an I t**nnd itum ol all pro- expediency of acquiring fortunes, how long will!
nt ll ( Hug thn>e Houas iu «ev* rally, which tit * feeble checks of the* law be a :
• ni* aw u nature, nuqiinlifi* cl bv that ol society, tmint on the bold and adventurous.
w here there is no force, but a moral force, to carry
iito efl* ...
all mankind But when •
- u!.!
m, natu.al reason wiggesteH,
-t dtolare his i n t * * n t i > iwol‘ apjiropr!
it v
. hi*.
nti'-ji, actually t»’k it into ;
* !• \ rain the *i!>»!ii!• • pnqierfy
Tii- r-’ is now io.title bv <•«'(
ol lip
to fir.:
ith t
Take away from the major- 1 ter«*st
justico and utility fif toe laws, 1 would
to enecuto th mi in our cum- 1 * ,,1,K
frrnt) the Host nil dinette.
Till: NATIONAL SYfTLM.
It is evident, from the generrrl turmr of the lending
taritf jiapers. that tin- great, mainlfactnrers nnd tlieir
principal to .Is. have a most coiitemptihle opinion of
the underst Hidings of the mass of tlieir party. At
• ue time tliay uiidertak** t-i convince the real “ wor
king men,”—the oieHinnics. farmers, nnd daily la
borers. wlm’earu their t bread with the sweat of their
brows, and whose hands, are Ji trcleiied by lioporablo
and Imnest t»*il,— that the udi mnnulaetui^r, whs
receives bis dividend, every ball year, of liftvjjhoua-
and clear profit; who r-dls in his gorgeoub <mfttli,bf
«lriv«-s his airy Imrmiclie ; and who screens his deli
cate hands from the tinging si: n. and the soiling
dust, by gloves of thesmtest silk or the whitest kid,
nt res-| is r ,. ;i ir v nill | lru j v “ irorl.ing man," one of their
country, number, a member of the same fraternity, having
id one common in
most
of -‘13, njiprnpria- that title/ It is the 11
J"
raipt •
ui permit Up
r.SOIlillgS mi
is the doctr.
i States h
i (*i the Inch,
, «.f tin* la
riglit In lu
al-ijtr.icl
i<ls t!i
ting land*, for tlie payment of jbe State troops, it
required that our “ Senators nnd Representatives ap
ply without loss of lime for a treaty to be held with
•uch tribe* who may claim.tlu* right of soil to such
land*. In an act amendatory of this net, commonly
•ailed the “ Yazoo act,” where, if all s.-nae of jus
tice to In.lian rights could have been forgotten, it New York in tin* rase of di ' .lall
would be the very place to find it ; yet even hen* J- hna R* p (».»fl.) where tl. it State
their title was respected, and the Yazoo purchasers or pre-emption lo tho Indian laud
were bound to extinguish it through the agency of and held all other purchases v*>id.
the General Government by fair purchase ; and of Virginia iii 17"'.' asserted t
whit is remarkable, in four places of that act. the
right of Georgia iaexpremely called a pre-* mpiion
right. But thia may be considered na not the best
authority, and I am •*» disposed to consider it. I on
ly mention it to shew that men «»f all descriptions
have been disposed to respect^lie title of the Indians,
.•mi that surely lens ought not to bo expected from an
honest community. There i» however, nn authori
ty that I am sure every body will regard! nnd it is
the memorable net which repealed the Yazoo act.
commoniy called the rese nding act. This act was
drawn op hy the late Governor J unes Jackson, one
among the ablest stitesmeu and patriots that Georgia
•ver|i*d Tk* flutmbU, which is an able viev^uf
irlu illy destr«*
Imt
non/hltd Im
T ii
th.ii li'.'r 1«4J
I.i*Sfcislnt
I and ,
-that V r •
f pre-emption, and the colonial and Ft •:•* r.utll ri-
tWt Utrmi^l nut the 1 n'u.n, nlynytt m
tin* I’mImos within their respective t«Mrit-T*. n.
And tlp'ii, ii* suiinuing up t!t*\ wlp-le *!■ tiun-. he
**bse*-veir, *• but while the ultimate light of our
\mencau g'-verniiiviits to all the lands .tIiin tfi.’ir
i*tiisd cl**mnl limits, ami the exclusive r,”l.t * I ex
tinguishing Hie Imii iit title bv p *v--« 6-i. p. is not t”
he shaken ; it is «’qu illy true, that the Indian /•««.->- *-
sum is not to he taken fnju them. **r pisti in i t* wit!*-
•*ut their free const lit by fair pmhost, -xoept it he by
l<»rce nf arms in the event of a just ami liecefsarv
bo much for the decisions uf tho Federal and
full ,
i;*rt*
- tha
ithy statu to.' The
•ouies the iienresi t<* it «»!
ue*’ it is so called, and applying
I the ah-ve laid down, it re*a
n title thnTi is usually'couceivi d.
flint the first discoverec, (ir**a!
consider it. nnd iinpos* d n<* other
ti-Mi up’ ll it than tlie r*giil of
>art ThU Ins be* u i- l
•ther Slates, abd h\ tfe
( I th
on, try. Th 1 laws may remain a while nn the statute re;, ^. v n, ‘fl honestly I»k
it blink, ftir tli- Wiijil (,f ncci'rd nmi.UK the people to, «'"rkii";
,„•, in rowiii I or revise them; but tliey will be worie !1
1 that tlmn u dotifl letter, becaued thou will b”. :is in tiic ^ noth«
if m mie. commifn fee Iii
1 The nhsurdiiy of Mich a pretence, one
supposy. were siitfieient t»* render it. ridicu-
npl**; yet strange to Sav,*it iu
ineerity and truth by
who is thus gulfed in
support of a system, directly opposed to his
<*'*» ->f the T.irill’laus, very useful mstrumati* iifi 1h ; ie!und .p llTTT’ ’ S ' T ! n ”«r r * tf
,i„, I • i >*p pirn*.*] lt*s nun views *il too-,* who are opnosi
, n , ' . T, <?•', "''r T y ,: T !•’ tirtir.anb wlm support ih.iAm." r.i
n it ontit.od to special ftvor ut tho Iwtmls ot tlie interest of the country
people. First., all thniO who can Ip* s,i dustitilto of they :*re op;x*sed l«* an -
principle, as (<> innko, or c iuso to bo mad.', unjust iutroclnrtifin uf ffireigi
laws tor,th<*irown tfpocitil benefit; and m*xt, for all F.iis. w!p*u a»serte.l is
those who had rather profit by breaking the laws, (hose whose jnterest it
t-fi-in strive to iitcnU uicm, utid make them more
is, to misrepresent
-sed
o support tho Commercial
It is iiiNely. asserted, that
arifi';—that they desire the
Itihrics free of alt duty.— .
• II kn •wi t-» he fit Ise, he
to propagate sneli in' ^
I I set,Ie .
i huiiinn ;
I’l-StlMU
ol pr
all ilia
Hu i.V
tmintrv itrvli"
, ll .il"■and li '
I he
slpini
after iii,n
(Cm
- tr. t.
«>f wliieh proVo !<*ns wm
guarantied in the Jialinu’
cours • tornu’d ih
lation, securing
other treaties, on
Ind ans should b*
lauds not c*'d*;d.
N >w if (ieorgin has ncreMed this f
the I mil thereby conveyed and distril
(o h*r citizens,can »h« in t good faith violate the4
*.1 pu
tt will \ c VeeidUctvd, that at th
1F‘W, of Uiark c*>urt. I delivered
Grand Jury, iu evhieji I in* nli«*iit d
fixed d« trrinimflp.ii to enforce the
in tlie CJo-rokee nation I told th
ijiterf* rence <*f otlu'i* ’Stiles in this q'leslioii—tiiat
Jb»*y had repr- a- hed us with cruelty, fraud and in
justice to tlu* Indians, nml said even in (.’-ingress,
vital it was . nr intention to oppress by legislation, to
j persecute by legal pr* s*cuti‘ iix, nnd finally destroy
received | the Indians, to obtain their lands J « oiu, !ud* d that
tiie s one . cliargo bv saying, “let us falsity the pro|Wlecie»
Uut have been madeto the treatment w luch tiie
nf itions. Again, it is s od th it the Free Trade
Foiled eqtnl. party and the Government do now maintain, and nl-
id decision | Lotus pntiso to exatuino tho offi'ets of a svs- ^ n . vs havcinimf lined, iu practice, the doctrines of
tom like tfPM'xelnsivo protecting system, 1
the present l irilf. in th**
which
•lint the
of tlieir
- V.'ft"- T.-riu,! pcrly cullu.l tiio .-iLnC sf/ZgZteX ZZ i?.'r!..'T.7’:,r w-V Xn 8
tr, '"" M r , ; t , a v''"' 1 ,' 1,kP . I , ’ urs ." 1 ' 110 ’ii’O’g cla f- *■"<• n.lr '■Th. , i:iun!ibi..?q.i,i?*rJ or*iw
bw« ,r;,.,r! • lib.'Hi i nnd n ,*,ill,i, inn king iinjTist'laws for Huuk 1i«« in H.h b.liurnd .niwe|f*e»mitnti..n of tha
•1, illih.wi'r S I’?''’I' 1 l,P!,pht i Wliiilcap?r ntr! " l( 'n "itil- r^ul |,rin,.l(,Us nnd nf Mr- |'rf 0 Triifto party,
out fortune, breaking them, for tiie same obj .*ct. and of the-distinct grounds i’/lteir nppnhitinn to the
It is easy to s«»<? tint so vicious a system must fl rt ' s ‘ >, ft • nr»ll*. It may be useful t-» state distinctly,
!nV'.‘ a term, nhd that it will work its own cure; ,: *'‘ urI , v * nnd »»* f«w words, whutare these principle®
but in the mean time, what becomes-nf the moral * lMI ! v *‘‘"' s * a,, fl the real grounds of opposition to tho
ptin.-iple which is tl,c only glay «f |nw in this ‘"HF' , , . ,
<• .unify ? The vicin.n px,.:„|,I has been «<•* by ' r *‘'‘ r " “ f rU ' " d,n ’ f '"""l? 1 "’
«!»* »'|,, nr^ousulorr,! tlu- bust mru of tho m- ”.x I .'ZnAb, S'TX? ,'Zn th« Z'/'u''.
Hon, nnd is followed by the lowest and worst; and and that the best - l '" " r
i and most simple method of levy*