Below is the OCR text representation for this newspapers page.

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. "■