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Mr. Speaker, another cllrftorAinriry objection .
tlio emigration to tho Indian.;, 1U this time, lids
bfeen introduced into this debate. his tbatGeor-
Ifift has extended her laws ©Ter the Oterokecs;
ami ffcutlcrnen justify their opposition to tbc bill
on the ground that they fear the roftreivc influ
enceof those laws, ;uit die eflVcl they might have
o i their determination. Hut while gentlemen op
pose the policy proposed in the hill, and acknow
ledge the condition of the Indians to he an evil,
why do they not condescend to suggest to us
• some othet pint) to relieve the objects of their be
nevolence, ami to free the Spates where they are
from the inconvenience? The gentleman from j
ft. York, (Mr. Spencer) made the nearest np-1
pronch to it by an amendment proposed in the
committee of the whole. It asserted the indepen
dence of the Indians ; denied the right of the state
to subject them to their laws: and probably in- j
struetel the President as to his duty in carrying .
into ell'ect subsisting treaties. But it ivns no soo- :
m. read, than it was rejected by a deputed vote j
of tiic committee, and it will scarcely be revived j
in any other shape.
Let me then inquire, will the re
jection of the (till aid the Indians?
\Viil the operation of the state laws)
over them he arrested ? No, Sir.
Yet, while the gentlemen raise the
cry of oppression, and inveigh large
ly against the laws of Georgia, they
tViil not contribute their aid to rc
ltWvc the Indians beyond the reach
of that tyranny they profess so much
to deprecate. The amount of the
argument is this—that because Geor
gia, in their opinion, lias done wrong,
they will not do any thing to accom
plish what most of them believe to be
Mil act of pure benevolence.
Sir, it is an undeniable fact that
the destiny of iho Indians is involv
ed iq_thc course which this Govern
ment adopts towards them, and the
crisis has arrived when the measures
which it is to pursue should be clear
ly developed. That procrastination
will be attended with increased em
barrassment to the United States,
and accumulated misery on the part
of that unfortunate race of people
cannot be doubted. The course pur
sued by a portion of the people in
tlie United States in memorializing
Congress, and the character of this
debate, have a tendency to delude
them, by inducing the expectation
that the arm of this government will
be extended in supporting them in
the pretensions to which they have
recently laid claim in endeavoring to
erect an independent government
within the limits of a State—limits
of Georgia originally designated by
her colonial charter, subsequently
altered and defined by her Constitu
tion, and recognized by the compact
which she entered into with the Fe
deral Government in 1802. Under
the most auspicious circumstances of
which this state of things will admit,
it is not difficult to foresee the ulti
mate destiny incident to their ano
wmalous situation; In the States
where they quietly y ielded to the hu
mane and benevolent provisions of
the State authorities, and where the
influence of religious precept and ex
ample have been actively exerted in
their behalf, what has been their
fate? In the language of Ihe Exe
cutive message there are left rem
nants of tribes, only to preserve for j
awhile their once terrible names. In
proof of the correctness of this re
mark, I shall omit arguments of my
own and supply them by referring to
authorities. And should Ibe fortu
’ nate enough to show that the deteri
oration of other tribes has been the
result of their confined location, 1
trust I shall have obviated some of
the difficulties which rest on the
minds of gentlembn, and that they
will co-operate with us in affording
theineaas which are necessary to be
employed in furtherance of this be
nevolent design. I shall read a por
tion of a speech delivered in the Sen
ate, in 1325, and a commentary or
marginal note in a volume of the
* laws of Connecticut.
t This, Sir, is the language used by
fMr. Elliot: “To any one who Ims
carefully attended to the history of
the tribes within the old States, it 1
must lie apparent that their uniform
decline results from causes growing
out of their location. So true is this
position, that, while you can scarce
ly point to a nation oFlndiaas wast
ing away, cither numerically or phy
sically, in their native wilderness, 1
know of no tribe within the States,
surrounded by a white population,
who have not declined in both these
respects, and who are not in mani
fest danger of extinction. What,
Sir, has become of the immense
hordes of these people who once oc
cupied the soil of the older States?
In New England, where numerous
and warlike tribes once so fiercely
contended tor supremacy with our
lorefathers, but 2,500 of their de
scendants now remain; and these are
mixed with negro blood, dispirited
and degraded. Os the powerful
league of the Six Rations, bo long I
the scourge and terror of New York,
only 5,000 souls survive; while in
Jersey, Pennsylvania, Delaware, and
Maryland, they are either entirely
extinct, or their numbers arc so re
duced as to have escaped the notice
of the Department. In Virginia,
Mr. Jefferson informs that there
were, in 1007, between the sea-coast
I arid the mountains, and from the Po
tomac to the most Southern waters
of James River, upwards of forty
tribes of Indians; now t here are bat
I forty-seven individuals within the
I Stutc. That many of these people
have removed, and others perished
by the sword, in the frequent, wars
which occurred in the progress of our
settlements in all these States, 1 am
i free to admit: bht where are the
hundreds of thousands, with their
descendants, who neither removed
nor were thus destroyed ? “Sir, like
a promontory of sand, exposed to
the ceaseless encroachments of the
ocean, they have been gradually
wasting away before the current of
white population, which set in u|miii j
them from every quarter; and unless !
speedily removed, by the provisions
of this bill, beyond the influence of
this cause, a remnant will not long
bo found to iKiint you to the graves
of their ancestors, or to relate the
sad story of iheir misfortunes.”
In the laws of Connecticut is to be j
found the commentary to which 1 j
have alluded; and, to tliw statement j
of facts contained in it, 1 solicit yom 1
attention: “When our ancestors took I
possession of the territory, now com-i
posing this State, it was inhabited by j
a great number of tribes of Indians. J
They never hail a war with any but j
the Pequots within the State. At a j
very early period they were all in |
.some degree of subjection to the En-i
glisli. They were never treated as)
a conquered nation, or enslaved, but j
were treated as friends and allies, !
and even considered as a free people, i
The great object was to civilize!
them, and the control cxetcised over j
them was for their protection anil I
benefit. In the revision of 1072, re- ’
gulations are found, requiring minis-j
ters of the gospel to endeavor to con- j
vert them to Christianity', prohibit- !
ing pow-ours, and the profanation oft
the Sabbath, and punishing murder, j
In the revision of 1702 there are j
some additional requisitions, to pro-1
vent the selling of strong think to
them, to punish then) for drunken- j
ness, to protect them jn their rights!
of property, and to prevent any pri
vate persons purchasing their lands.
Under this mild treatment, without
war, pestilence, or famine, they havej
been continually diminishing, and j
afe now reduced to a very small nutn- j
her; and will, probably, in a very i
short time wholly disappear.”
If, Mr. Speaker, this is their re- 1
duced condition, resulting from their j
confined location, and that too a
midst the solicitude indulged foi’ their
welfare, the regrets experienced at
their decline, and .when honest ef
forts have been made to av,ort the
causes of their desolation, what will
be the precipitate state of ruin of the
Creeks and Clicrokees should they
“persevere in a misguided and reck
less coarse of waging an opposition
to the laws of the States? Sir, it
does not require tlic aid of past ex
perience to divine it; and nothing but
a forbearance on the part of the
States, to which their own citizens
could lay no just claim, can withstay
or avert it. The President has fully
disclosed his opinion to us-as it re
gards the power of the States in ex
tending their laws over them—the
right is conceded. Instead, there
fore, of having the military force of
this country to interpose for its. pre
vention, the States would have a
right to call it to their aid in case of
resistance. The right of jurisdiction
need not be questioned. It is set
tled. Georgia acquired it in the es
tablishment of her colonial indepen
dence, reserved it in her admission
into the Union, and it is to be regard
ed as one of the inseparable appen
dages of her sovereignty. These
are admitted principles and
basis qn which the present adminis
tration is acting; and the Federal
Government can make no pledge,
enter into no agreement or compact,
in violation of these inherent rights
of the States. The framers of our
Constitution supposed they had suffi
ciently guarded and defined the pow
ers of the Federal Government by a
special enumeration of them; and so
sensibly impressed were they that
! the perpetuity ofour political system
j depended on the preservation of the
rights*of the Stares, free from ftidc-’
rul encroachments and federal intlu
cnee, that they were not disposed to
leave them in such a situation that
their rights could,he eornpromitted,
or their powers abridged, by preten
sions ot the Federal Government
which did not rest on a special grant
of power. They therefore imposed
the burthen, oi ‘proof on it, by'saying
that the.powers not delegated to the
United States by the Constitution,
nor prohibited by it to the States, are
reserved to the States respectively,
or to the people. The friends to the
rights of. the States indulged appre
hensions of an accumulation of pow
er on the part of the Federal Govern
ment tending towards consolidation: I
hence they conceived the necessity
of this restrictive clause, intended to
circuiftscribb and limit its powers,
and to operate as a security to the
States, If, then, this right, which
Georgia claims to exercise, is not de
legated by the Constitution, to the
’ United States, nos prohibited by it to
tho States, jt leaves Georgia at her
own volition to extend or not her
jurisdiction over them. Give to
gentlemen all they claim, and upon
which they vest tliedcnial of the right
of Georgia to do what has been done
by her, and to what does it amount?
That tho United States have a right
to make treaties, (the extent of which
l shall hereafter investigate) aud to
regulate commerce with foreign na
tions, among the several States, and
with the Indian tribes. I shall not [
stop to discuss many contested points, i
Grant that it belongs exclusively to
the United States to regulate com
inejcc, and that it is general in its
application,- extending to the tribes
within, as w ell.as without, the limits !
of the State,, (gives no right to do
any thing more than tvhat the Con
stitution expresses, that of regulat
ing commerce, and to “pass such
laws as are necessary and proper for
carrying into.execution that power.” j
It imparts to the United Stuto3 no
civil or criminal jurisdiction over any j
other subject. The same right ex
ists of regulating commerce among j
the several States. Yet no one here j
will contend that the States relia-j
quished, by this clause in the Con-;
stitution, their rights of jurisdiction, I
or parted with their sovereignty on |
other matters .disconnected with;
commerce; or that the power to re-;
gu!atc commerce among the several
States confers on tiro United States
the right to interfere with their mu
nicipal regulati vis, utul supersede
their authority in the infliction of
punishment for trespass, murder, and !
other criminal offences with which;
commerce has no connexion. If, j
then, the United States cannot, in j
the regulations of commerce amoug I
the several States, divest the States
of their jurisdiction over other su.b-1
joets, how do the same words, in re- j
lation to Indian tribes, increase the
j powers of the Federal Government, ’
or diminish or impair the rights of
!the States? They do not. We
I might hero rest the propriety of the |
j course wlifcTi Georgia has pursued !
with perfect security, and demand of;
l those who hold a different opiuioh to
I produce the grant of power, this!
I grand political lever, which istopros
! (rate the sovereignty of the States,
and reduce them to a standing with
petty corporations, dependent on the
Federal Government, if not for their
existence, for the extent of their pow
ers. Sir, if the United States have
a right to impose limitations on the
States where there is no delegated
authority to do so, in one instance, it
may with the same propriety be
claimed and exercised in all. There
! is no political restraint imposed, un
| less it is done by the Constitution;
j and if the general welfare clause
j confers a concurrent right with the
j enumerated powers, then we have
imposed upon us no restraints, but
notions of expediency, and, in the
plentitude of power, may supersede
and forbid every act of State legisla
tion, and assume the attitude that it
is the province of the Federal Gov
ernment to prescribe, and the duty
of the States to obey. For one, I
enter my protest against such princi
ples; and Georgia, Alabama, and
Mississippi, knowing their constitu
tional rights, will not implicitly yield
to so flagrant a usurpation of them.
The Nafional Gazette sajs: “We have before
us letters dated the Ist ult., fiou\ gentlemen par
ticularly well informed who were near the per
son of Bomvar at tbattime. They bear the most
emphatic testimony of the magnanimity ofhis de
portment and purposes, and believe that lie will
be able to convince the world of the falsehood of
the charges which have been trumpeted against
him in Venezuela. It is added that he possesed
the power to crash his a&cusgrs, and retail ths
reins of the government, LfN that he tffts deffcred
from the exercising it by the apprehension of con
firming or strengthening the suspicions which
they had widely excited to his disadvantage. At
the moment he refused the Presidentship from
the Congress of Bogota, the great majority of the
troops would have rallied about him, and sustain
ed him ngainst all adverse efforts. Oral State
ments of the same purport have been made to us
from personal observations”
JfQVCtfllT,
Two DAYS later. —IJy the arri
val at N. York of the ship Silas Ri
chards, Liverpool papers of the 24th
and London of the 23d May are re
ceived. No commercial intelligence
later than the 22d May ( Jaturday)
is received by this arrival.
The French opposition papers are
full of confident anticipations of suc
cess in the approaching election.—
The London Courier, after saying
that the recent change in the French
Ministry indicates no change in the
politics of the cabi-net, expresses its
regret at the occurrence in the fol
lowing terms.
“At a time when the ministry
should appear as compact, and in all
its parts as adhesive us possible, this
occurrence is like opening a (law in
its structure; for whether well or ill
founded the adversaries of the ad
ministration will not fail to represent
it ns a proof of something shaken in
the government, while the friends of
the administration will probably
draw the same conclusion. The e
vent we fear, has indirectly weaken
ed the moral strength which the in
fluence of union and consistency im
part to the proceedings of men join
ed together for a common purpose."”
Roth 51. do Peyronnet and 51.
Clmntclanze, arc ultra-royalists, and
Peyronnet is particularly disliked by
tile liberals. Uis appointment
seems to have increased the exaspe
ration against the French slinistry.
The story that Villele was to be tak
en into the Ministry, does not ap
pear to have any foundation.
The King’s health does not stem
after all to have experienced any
material amendment. The London
correspondent of the Liverpool Albi
on says, that in the city as little hope
as ever prevails of his recovering
perfectly from the disorder, and the
Globe while stating that His Majesty
was much better as compared with
bis state of a few days previous, says
that “confident hopes of his perma
nent recovery aic not entertained.”
In the House of Commons on the
20th of May, Sir Robert Wilson ob
served that it had been stilted that
theßritishGovernment had despatch
ed u frigate to Algiers to remove the
British residents there—that the ship
had been prevented by the French
blockading squadron from entering
the port and had been compelled to
sail for Malta. lie wished therefore
to know if the French Admiral had
taken any measures for the safety of
the British .residents. Sir Robert
Peel replied to this interrogatory,
that during the blockade of Algiers
I by the French, and on the intelligence
| that a great expedition was fitting
out against that place, the governs
j ment had despatched a frigate to re-
Itnovc the wives and children of Bri
tish subjects, that they might not be
present during the horrors of the
siege. The frigate arrived and took
them all on board except the wife of
the Consul who was ill. The com
mander of the French Flotilla inti
mated to the Captain of the British
frigate a doubt whether he could con
sistently with his instructions permit
him to return to take away the wife
of the Brithish Consul. The French
government however on hearing of
the matter interfered, declaring that
the officer had misconstrued his in
structions and that there was no in
tention of interrupting the system
which hail usually prevailed between
friendly nations. 51 r. Peel added,
that even before the British frigate
was sent the French government had
taken measures to sepnre the safety
of all Europeans in Algiers.
On the same day, Mr. Huskisson
presented a petition from the mer
chants engaged in the trade with
slexico, praying that the House
would adopt some measures to in
duce the Spanish government to de
sist from engaging in expeditions
from Cuba against Mexico. In a
speech introducing the petition, he
said that the political views of the
United States, in his opinion, looked
to the possession of the Island of Cu
ba, and to an enlargement of its ter
ritory on the side of slexico, and in
stanced the purchase of Louisiana
and the Floridas as examples to show
the desire of the North American
Republic to aggrandize itself by ex
tending its limits, lie observed that
the British government should do
something for its commercial inter
ests in the Gulf of 3lexico, find be
gin by putting Cuba out of dispute.
31 r. Peel replied at some length,
and at the close touched upon the
views of the United fetated. Oirthis
very important and delicate point* he
said he hoped that the’ republic pos
sessing fre® institutions, and some
of the 1 finest institutions in the world,
would feel that the institutions of
Mexico corresponded with their own.,
and that if by any act of theirs they
should incapacitate 3le.\ico from de
fending herself, they would inflict an
injury on that liberty and indepen
dence which were of a part with the
constitution of their own free country.
The minister who represented the
United States in England, lie believ
ed to be as honorable a man as ever
breathed, and certainly from the de
clarations which lmd been received
on all hands, it would appear thrtf
his right honorable friend was wrong
in supposing that thoic was any in
tention on the part of the U. States
to avail themselves of the situation
of the South American provinces.
One Day Later. —By the Coriin
thian at N. York from London, even
ing papers of that city of the Ist
June, one day later are received,
containiugFrcnch dates also one day
subsequent to our previous accounts..
The following is the last bulletin of
the King’s health :
“ Windsor Castle, June I.—The
King has passed a quiet night; in
other respects his Majesty continues
the same ns before.”
Paris, May 29.—The Gazette an
nounced that Tahir Pacha has arriv
ed at 3larseilles, and that he is the
hearer of a letter to the King of
France from the Sultan. It i said
that the Pacha, whose arrival is thus
announced, has not comcdirec.t from
Constantinople, hut from Algiers, to
which place he had been sent for the
purpose of inducing the Dey to sub
mit. ‘ It is added that the comman
der of the blockading squadron wohld
not allow him to land.
The following telegraphic des
patches have been received by the
Government from the Maritime Pre
fect at Toulon.
“May 27, twelve o'clock—Tho
transports of the third division are
getting under weigh.
“Half past three o'clock—One
hundred and thirty-six transports
have just set sail for theirdestination,
under convoy of the Dauphine and
the Cfgogne. We have no more
vessels remaining, except a few
which have met with slight accidents,
and which will sail with the Dragon,
on the arrival of the ships that are
still at Marseilles.
The following passage we find in
the Journal de Rouen of May 27 :—.
“We have seen this morning a
person who loft Caen yesterday, at
turn o’clock, P. 31. who had heard of
no report similar to those stated in
the Paris Journals. Public attenti
on was nevertheless greatly excited
by the fires which still continue to ra
vage the country; but there is no ac
count of violence being exercised up
on either the real or supposed pro
moters of those fires or upon the sol
diers who had let them escape. But
it is a fact, that a battalion of the sth
Regiment of the Line, which was to
have left Caen the day before yester
day, at four in the morning for Tou
lon, received counter orders during
the night; and is to be, it is said, dis
persed in sinull parties, through the
arrondissements of Rayeuz, Vire and
Falaise.”
The Pilot du Calvadoes speaks of
the counter order given for the de
parture of the 4th Regiment. It
announces also, two new fires in the
arrondissements of Saint Lo and
Vire, and complains of the obstinato
refusal of the authorities to accept
t he aid of the National Guard.
At any rate, adds the Journal du
Rouen, some light must be thrown
upon the rumors which have reached
Paris before they reached Rouen,
and which denotes, in the population
of the departments of Lower Nor
mally, such great exasperation, that
the 3linister considers it necessary
to Lave recourse to an extraordinary
show of force, ns much, at least, a
gainst the inhabitance as against tho
promoters oftheso fires.
Tin, Liverpool Time*, says--"We have been ii>.
formed that the week before last not less than ono
hundred and fifty tons of Yorkshire cloths rteto
despatched to Canada, from the port of London,
in one ship, to be emureled jijt (t)0 United
Staley 1