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i l L«y^5L'""."*M l .!e! t »L. "LJ±'2S2~
followed is related in Blount's Histo
rical Sketch, and exhibits in Georgia
a picture ofvillany, inhumanity, cor
ruption, and had faith, that has no
parallel in history. We shall give it
t\ his o«n words.
“In the year, 1795, the legislature
of that State, (i. e. Georgia) corrupt
ed by certain land speculators, con
veyed to.four companies the greater
part of the territory in dispute be
tween Georgia and the United States.”
To the Georgia Mississippi Compa
ny, it conveyfedf most of the territory
west of Tbmbigbee river, compre
hended in the secret article of the pro
visional treaty of ’82, & ceded .to the
lJ States as part of West Florida.
Tins tract was two hundred miles
long, and about eighty two miles
broad, being about one fonrtli of the
present state of Mississippi. To the
Georgia Company it conveyed anoth
er portion of the ceded part of Flori
da. and a large tract above the lim
it s of that province, being a parallel
ogram three hundred miles long and
about one hundred miles wide, besides
a triangle fifty m'des in leng'h at the
base, and one hundred miles froth the
base to the opposite angle. To the
Tennessee and to the Upper Missis
sippi Companies were ceded two
tracts, one about rfnc hundred and fif
ty miles long, and about fifty miles
wide; the other about one hundred and
twenty five in width, being about two-
thirds of all the country claimed by
Georgia under the charter of 1732,
beyond her present liin’t s.
“Altogether the cessions to the
Y-vzOo purchasers, as they were call
ed, comprehend-d 32,003,000 acres
of laud, about four-fifths, of all the
western territory to which (he state
bad.any claim. It should ho recol
lected'that to all V’is territory the
United States laid claim; and to one
tract about one hundred miles wide
and three hundred and sixty miles in
length,,their claim was incontroverti
ble,^ yet this territory the legislature
undertook to convey to individuals.”
“It is true, that no doubt could ex
ist of the corruptness ol that legisla
ture. but still it had, in the exercise
of its constitution^ power, conveyed
away the title of the state. This le
gislature was chosen too, by the peo
ple of Georgia, when it. was general
ly known that an application would be
t m -de to that body, to dispose of the
Western lands, and the inducements
for the sale were spread before the
voters at the time of the election.”
“D : rectly after the passage of lltig
act, the prime movers in the busi
ness, in order, to prevent its repeal,
fun! to engage an extensive interest in
il» support,. began to self, shares in
t Companies, to bona fide purcha
sers in different parts of the union, be
fore the m’anner in which the con
tract had been obtain ul became gen
erally known. In Georgia, however,
excitement prevailed. The members
w.ho had opposed the- passage of (lie
law, upon their return }o their con
s' ituen's, informed them of the cor
ruption that prevailed in the Legisla
ture, and universal indignation was
m :i foaled at their treachery. Some
of ihe delinquents were put to death,
aVid others^ lied from the etate to a-
void popular rg-re. The next legis-
L( ’.;<* declared the contract void, and
.in 1793, a new state constitution was
'framed, in which a declaration of
the boundaries was inserted, claim
ing in behalf of the stale, all the ter
ritory west of South Carolina, and
south of the south' boundary of the
tract ceded to the United States by
that stale. All this tract was de
clared to be the property of the free
citizens of Georgia and inalienable
but by their consent. Provision was
however made for sale to the United
States by the Legislature of all west
of Apalachicola, and for the return of
the money paid by the stato to the
Yazoo purchasers.
‘ The propriety and dignit y of these
proceedings on the part of the state
government do not new come in ques
tion'. Hp v far h. cotild be properly
alleged that the represent at lv,.s of
Georgia baa been corrupted; that the
sovereign power for the time being
bad proved faithless to itself, are
questions of deep moment and highly
• proper for the historian of that
ttafo.
These questions, however, which
' could only Ire mooted between the
State and those who were actually
concerned in corrupting its Legisla
ture, and their decision, could not af-
‘feet the bona fide purchasers from
thftwigjt if grantees. They denied;
and with good tenson, the pdvver of a
succeeding Legislature to dejfrive
them of their vested rights, and threa
tened to bring the matter before the
judicial tribunals for adjudication.”
“This was afterwards done in the
case of Fletcher vs. Peck. This*
was a case stated for the decision of j
the Supreme Court of the United,
States, reported Gth Crunch, 87.”
“Many material facts invalidating
the title of Georgia were there omit*
ted; but the question as to the right!
of the Legislature to annul the con{
tract, so as to deprive innocent pun
chasers of their vested rights, wa$
distinctly presented to the court, and.
decided in favor of the purchasers,—
So far therefore, as Georgia , had a
title to the lands, thus vested in the
bona fide holders of Yazoo shares, it.
had conveyed it away by the act of
its Legislature.”
“In this slate of affairs, Congress
found it necessary to take measures
to secure the rights of the United
States-, and on 7th of April, 179S an
act was passed erecting the tract al
luded to as comprehended within the
secret article,into a territory,&estab-
lishing a government for the same.’ *
To obviate the disorders and em
barrassments attendant on the compli
cated title, the celebrated treaty of
1802 was held between the United
States and the Slate of Georgia.
By this treaty Georgia ceded her
claim to the land beyond her western
line, and tho United States agreed
that certain sums to he raised by the
Siffe of the lands so ceded, should ht)
appropriated to pay the expenses .in
curred by Georgia in relation to tha
territory; and to satisfy the claims
the Yazoo purchasers.
Tlu: United States further agree I
to extinguish at their own expense, ifi
behalf, and for the use of Georgia, tl
Indian title to all the lands within th
state, “as early as the same could
obtained on peaceable and reasonable
terms.”
By this agreement the Unit'd
States were not pledged to coerce t e
Indians to abandon the said lands, a
this was the first time they had ev
consented to extinguish an Indian
tie for the benefit -of a particul
state. The consent to extinguish tile
Indian title was subject to the reSet-
vations.that it was to he done peace
ably and on reasonable terms, aril
it might appear, 1 hat until the
Indians could be so (induced to
remove, Georgia could have no pre
tence to meddle with them.
* 8d vol. U. S. Laws.
From the New York Advertiser.
It is very apparent that the States
of Georgia and Alabama intend to a-
vail themselves of the opportunity af-.
forded them by the present adminis
tration of'the national government, to
drive off the, Indian tribes within their
territories, and possess themselves of
their lands, by the mere aid of physic
al force. To accomplish this object,
the most unprincipled and extrava
gant notions are propagated; and the
rights of the Indians are treated as
things of not the slightest regard.—
Such has for a long time been the lan
guage of Georgia politicians. It is‘
now, essentially, the language of the
President of the United States, And
of his Secretary of War.
In a document dated in March last,
addressed to the Creeks, after a suit
able display of his love for the Indians,
of which lie has heretofore given them
fatal examples, President Jackson in
forms therii, that they and his white
children live too near Such other to be
in harmony and [fence; and advises
them to go beyond the Mississippi,
where their xchite brothers xbill not trou
ble them, nor dislitrb them* The ar
gument in favor of their removal, de
rived from the fact that where they now
are General Jackson's white children
trouble them, will doubtless be justly
appeciated, even by the Irfdians.—
They may say, and we have no doubt
they will say to their great rind affec
tionate “Father,” pray, sir, take bet
ter care of your while children—it
is your duty to govern your family
better, and not to punish the red cites
because the white ones misbehave.—
Instead df taking the course which is
so obviously "proper, and which the'
plainest principles of duty, as well os
law point out, General Jackson Ad
vises (hern to go over the Mississippi,
when he (an protect them.'" If he can
protect them at several thousand
miles distance, it would : seem that he
might do so only a few hundred. In
stead of which, however, he says tp
them—“My white dhildrfcrt in ‘Ala
bama h&ve extended their taw overi
yoiir country. If you remain in it yap
must'be subject to their lato.” Now,
With submission to the chief magis
trate of the nation, we ?very much
doubt his authority for nuking this
declaration. The Indian nations with
in the limits of the United States, and
among the lest, the very tribes that
l live within the limits of Georgia and
Alabama huve,always been consider
ed by the national government as
distinct tribes, not under the jurisdic
tion of the State Authorities,. nor n-
mcnpble to their tribunals. They
have lormed innumerable treaties
with themas such, and laws without
number have been passed, first and
last, hv Congress, for the purpose of
protecting tiieir persons and proper
ly, aid regulating the intercourse
\yilli tkem. .From vvheuco then has
PreBiiJeut Jackson derived the power
to takj[ th's matter into his own hands,
and iiutcad of giving the Indians the
benefil of the treaties and laws which
have een formed and passed, and are
now tl force, to say to them, you must
now 1e subject, to the laws of Ala
bama] if you remain in possession of
your Iwn lands and property?
But the President is sanctioned by
the ligh legal opinion of Mr. Secreta
ry lit on, who has gone much inore
at length into the argument, and ad
vanced more extravagant notions than
even those of the “King, liis Master.”
In a letter dated April 18th, 1829,
addressed to the Georgia Cherokees,
lie says:—
‘ The course you have pursued of
establishing an independent, substan
tive government, within the territori
al limits of the State of Georgia, ad
verse to her will and contrary to her
consent, has been the in.mediate
cause which has induced her to de
part from the forbearance she has so
long practised; and in virtue of her
authority, as a sovereign independent
State, to extend over your country
her legislative enactments, which she
and every State embraced the confed
eracy, from 178J to the present lime,
when their independence was ac
knowledged and admitted, possessed
the power to do, apart from any au
thority, or opposing interference by
tho General Government.
But suppose, and it is suggested
merely for the purpose of awakening
your better judgment, that Georgia
cannot, and ought not, to claim the ex*
ercise of such power—what alterna
tive is then presented? In reply, al
low mo to call your attention for
momeirt the grave character of the
eburse which, under a mistaken view
of your own rights, you desire this
government to adopt. It is no less
than an invitation that she shall step
forward to arrest the constitutional
acts of\an independent State, exer
cised within her own limits. Should
this he done, and Georgia persist in
the maintenance of her rights and her
authority, the consequent es might he
that (he act would prove injurious to
us&, in all probability, ruinous toyou.
The sword might be looked to ns the
arbiter of the interference. But this
can never be done. The President
cannot and will not beguile you with
such an expectation. The arms of
this country can never be employed
to stay any Slate of this Union lyoin
the exercise of those legimate powers
which attach and belong to their sove
reign character. An interference to
the extent of affording you protection,
& the occupancy of your soil, is w hat
is demanded of the justice of this
country, and will not be withheld; yet
in doing this, the right of permitting
toyou the employment of a separate
Government within the limits of a
State, and of denying the exercise of
sovereignty to that State within her
own limits, cannot be admitteij. It is
not within the range of powers grant
ed bj the States to the General Gov
ernment, and therefore not w ithin its
competency to he exorcised;”
Here we have, in the first place,
the reason why Georgia resolves to
take the charge of the Cherokees;
and in the second, the Cherokees are
inforriied that the United States’ gov
ernment will not attempt “to stay
•any State of this Union from the exer
cise of those legitimate powers which at
tach and belong to their sovereign char
acter.” And where did Mr. Secre
tary Eaton obtain his knowledge of
these “legitimate powers.” If at
tempted to be exorcised, either by
Georgia or Alabama, it tvill be a
gross and unqualified act of usurpa
tion, nor will its character be altered
in the slightest degrea by the decla
ration of the President, or the Secre
tary of War, that the national govern
ment -will not interfere for tho pro
tection of those who are intended to
be the victim of it. Georgia has no
more right to the lands of the Indians,
than she has to the lands in Canada;
nor are the Cherokees any more sub
ject to Iner authority, than are the In
dians of the British North West Ter
ritories. And if, by the exercise of
illegal power, they drive away, and
take possession of their lands, it w ill
not be merely an act of meanness to
wards a feeble body of men, incapable
of defending themselves, but one of
th^most arbitrary and unjust charac
ter; which, if permitted, w ill he a
perpetual reproach and disgrace to
the United States.
From the New* York Advertiser.
The following passage is taken
fiorn an editorial paragraph in the
Washington Telegraph—
The truth is, the Indians if let a-
lone, would present no obstacle to
that march of civilization in the south
which is, and has pcen practised from
time immemorial in every section of
the United States. Why should a
fair portion of the original United
States—a portion not less fertile than
any other of this Unicn-be suffered to
remain unsettled and unproductive.
Why should'the aboriginals be per
suaded, by unprincipled whites, loca
ted among them for the purpose of
speculating on their wants out of the
money furnished by the government,
to deny to this government the use of
that soil w hich can be of no more
value to them than so much soil west
ward' of the Mississippi? The rea
son s', simply—these speculators will
not have as good an opportunity to
make money out of the necessity of
the Indians, and the money furnished
by the government in the new position
as they would in the old.”
Some friend of the Administration,
who has some even imperfect notions
of what logic is, (if indeed there be
any such individual) should tell the
editor of that paper never to attempt
to reason. It is not his forte. His
genius runs in another channel. Ilis
talents lie in making bold and unfound
ed assertions, without hesitation, and
without blushing. In that depart
ment of editorial labour, it is no more
than just to say he has no rival; and
it would be extravagant to expect that
he will ever he surpassed.
The foregoing citation from his pa
per, furnishes a specimen of his im
prudence in adventuring upon ground
that lie is unacquainted with. “ Why”
says he, alluding to the Indian lands in
Georgia. “should a fair portion of
the origiaal United States—a portion
not less fertile than any other in this
Union—be suffered to remain unsettled
and unproductive?” “Why,” says a
highwayman to a person whom he
has met in the woods, in the night
season, and from whom he has de
manded his purse,—“why should you
retain the money in your pocket,
which I want, and you can do with
out? In your purse it will be useless;
-in my hands it may become produc
tive.” If the man thus assailed
could do it w ith safety to his life, he
would probably soy.- 1 -ftshould remain
in my jyosession because it is mine; and
if you take it from me, IT WILL BE
ROBBERY.”
It appears that the determination
df some of the States at the South, in
the limits of which sevfe'ral Indithi
tribes own and occupy lands, to avail
themselves of the present cri
sis to drive off the natives, and take
possession of their territories. The
State of Georgia, moro especially,
having for a limn coveted their neigh
bors’ property, shem fo be bent upon
the accomplishment of this favorite
object with as little delay as possible.
In the year 1802, tho government of
the United States agreed with the
Stale of Georgia, not with the Indians,
to procure the Indian lands for that
State as soon as practicable. The
Georgians seem to understand prac
ticability to allude to power; and as
the United States have long been a-
hle to forfce (he Indians to quit, they
complain much of delay in using that
power; and finally, being tired of
waiting, they have commenced a se
ries of measures, the effect of which
they intend shall ho to clear the
ground of the natives, that they may
seize it for themselves. A few years
since, a pretended treaty was enter
ed into by a part Of a tribe, in which
was the form of a provision that they
should quit the country. The instru
ment w’as hurried through and tfent to
Confess, and'there, In point offofinf?
ratified by the Senate. Upon a rep-
resentalion of facts, allfedging that it
had been fraudulently obtained, the
Senate annulled it; aitd a new r one
was entered, and sanctioned by the
government. The politicians of.
Georgia complain loudly of the refu-
sal on the part of the national govern
ment to adopt as valid,-and to exe
cute, this fraudulent treaty; and ma
ny threats »>f proceeding themselves
against the Indians, have been uttered
in that State.
We presume the present generation,
of politicians in Georgia have forgot
ten what took place in tkeir ow r n State,
somewhat more than thirty years a-
go. The legislature of that State,
in the year 1795, if we recolle^ right,
having a strong disposition to spccu-y
late in lands, ns exists in the State at
the present time, sold a large quahti-
ty of land, commonly called the Ya
zoo purchase, and received more or'
Jess of the pay therefor. A great
noide was made about this' gale, and
at a subsequent election, a new' set
of men were chosen to the legislature;
who, in a formal manner, and by a
legislative act, declared the sale to-
be void, cn the ground of fraud in the
contract; and then, formed a grand and
solemn procession of the members,,
who moved in a dignified manner to a
bonfire, and committed all the records*
of the State, that related to this tran
saction, to the flames.
This seems to he a precedent in*'
point, the authority Of which that
State cannot gainsay or dispute, to-
show the power of a legislative body
to vacate and destroy a legislative act,/
on the allegation of fraud. The cases,
in this respect, are precisely parallel.
In the Yazoo purchase, the legisla
ture cf Georgia satisfied themselves'
at least, that there W'as fraud in that^
coulraet, and pn that specific ground
declared it null and void. The Se
nate of the United States became e-
qually convinced that the pretended 1
treaty above referred to had been-
fraudulently obtained, and therefore-
considered it as nnll and void.
In this stale of,things, then, the state
of Geo. must findsonte other ground ot>'
which to justify their proceedings cal-
culated^to forpe the Indians from the(r
own grounds, for the purpose of seiz
ing them for themselves. Indians are
men, not beasts; and therefore cannot
be hunted like bears and wolves—they
arc red, not black, and therefore can* 1
not he treated with gross injustice
like negro slaves. If unlaw'ful vio
lence is used tow ards them, we trust,*
there is still, low as we are reduced,
justice enough in the country to pro
tect them from violence & robbery. If’
there is not, we have confidence that
there is a higher power that will first
or last avenge tlufir wrongs.
tO! THE POOR INDIAN!
The Augusta Chronicle says:
“We deeply lament the rash and
mad policy which appears to actuate
the Councils of the Creeks and Cher-
okecs. If they persist in it, theii*
utter annihilation will be the conse*-
quence.” . •,
We trust says, the" Philadelphia
Press, that no such indelible stain
will disgrace our annals!—The curse
of Slavery w r as brought upon us by
the cupidity cf others, hut this would
bo brought upon us bjf our own most
unrighteous deed.—For half a centau
ry the Government and People of tho
United States, have been doing them*
selves honor by civilizing and chris,\
tianizing the Indians The tr&$
now to be exterminated are bofonj/
Agriculturalists but Manufacturers,-'
They have at length become what,
w e wished them to be;—and are we
now' to sacrifice them to the cupidi
ty or the hatred of a few men? "Are
Congress to be consulted in this mat
ter? Or is the Executive to stride
over the laws of humanity and of tho
land; to imbrue our hands in the
blood of these unoffended and much
injured Indians. Will not the Peo
ple, before it be too late, cause'{heir
voice to be heard and to bo refected!
Looking forw’ard to the destiny of
these poor wretches, and backward to
the War of extermination which, even,
in our days, has been waged against
thesfe pfeopfe, 'we cannot but exclaim
~“0 ! that We had at the head of tho
G'0y«irrirTi6nt a man ivho could npfc
fodk,' with composure, on blood and
carnage.” The Wood of the inhb-
cerit and un6ffendfhg Will not Sink iWfo
the earth like wateUinlo the thirsty
sawd.;— Bali Pat. "■