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KBW BOSOTA, SATOMAT 5OT? 17,183©.
NO. 13
C'JU; r J-tt^.jah£acgk'*~ imii, D./ i :\i»
tci ol Mr. Jtfuisou, w nit tin to the. 1 Georgia herself has recognised
■Socretaiy ol War in I7bi— 1 am ol J t hose established rights of the natives,
“pinion that Government should lit in- and the relation they bear to thuGcn-
f.y maintain this ground; that the In- j eral Govt rninent.
dians have a right lo the occu pation l Dy a law passed in 1736, respeet-
oi lheir lands, independent of tlie iug the vacant lands within her clinr-
Siates within whose chartered lines
lliey happen to be; that until they
cede them hy treaty or other transac-
tered limits, she lieid the following
language: “tho territory therein
mentioned is hereby declared to he
turns equivalent to a treaty, no act of. the sole property of the States, sub-
a Slate can give a right to such jecl only lo the right of treaty of the
lands; that neither under the present I United States, to enable the State to
Constitution, nor the am ieut Uonled-1 purchase under its pre-emption right
oration, had any Slate, or persons, 1 the Indian title to (lie s ine.” A
a right to treat with the Indians, with-j most pregnrnt act of legislation. It
out the consent of the General Gov-
ermn: nt; that that consent has never
been given lo any treaty for the ces
sion of'the lands in question; t lint the
fifT*All letters addressed lo the Editor, j government is determined to exert
.past paid, will receive due attention.
G IVy J if A U 0” .9 .0 D n •; ; 1 u c- a . 1.
VOAUXcSi.l TAA-r* U-V* JbcTnA.i 1'-i-oi>. r.
novii: HJieri.io'ey kjvi nqip o hjii.i
tguz TEAio*r» iioj.s ei'cs.i.
TCP2 r>U-' TcSO-V Til DO.!/5n)fvOT>.l, ICT
D'iR 0’Oin.i o4A.r. dniaai'.z tit .viv
uo.i,s»K<»n, o-yyir n.sp o j o,id.i e-i-.*. i.
invn o j <vit wi-v- n
0= 0r .1 iv-jji.i w.ltnr, top2 T»o-r» no
KT.-1Z D,1F 0'T.lll
U.IR IIOIAAK T.t.
AGENTS FOR. THE CHEROKEE
PIKENIX.
The following persons are authorized (o
receive subscriptions and payments for the
'yherokce Pliamix.
Messrs. Pkikce &. Williams, No, 20
Market St. Boston, Mass.
Gnomic M. Thacy. Agent of tlie A. B.
C. F. M. New York,
llev. A. D. Eddy, Cananda : "ua, N. Y.
Tho.mis llasriNus, Utica, N. Y.
Ilev. Jimks Camphei.i., B- aufort, S. C.
W h.lia.m Moultrie Ugid, Charleston,
S. O.
Col. Georcs S-iitm, Statesville, \V. T.
Jeremiah Austil, Mabib’, Ala.
Itev. Cyrus Ki.Nasuuuv, Maybew, Choc
taw Nal. r a.
Capt. WiLi.i.vJt Robsrtson, Augivtn,
Georgia.
Col. Jamf.s Ton?r, 11 dlefonte, Vbn.
rrmv iwp—'i nir w■ ■ n ■ i«iCTfflmgB*gr3aae«^^^.Nta^aagaM^n
all Us energy for the patronage ami pro- ed
J lection (j the rights of the Lallans, and
1 (ho preservation cf pence bclweni
I (lm United Stales and (hern; and that
; if any settlements arc made on lands
110! ceded by them, without the pre
vious consent of tha Unilcd States,
the government will iliink (self bound
not only (0 declare to the Indians that
such settlements are without the au-
-I thorit / or protection of the inied
Sta! r s but to remove l-hcm also l>y the
public, force"—Also, hy (lie inter
course law of 1790—forbidding all en
croachments hy citizens of the Unit
ed Slates, upon the * territory belong
ing to any lrib:- 1 or nation of Indians;”
—by many other statutes, particular
ly that of AIurHi 189.7—by all the
treaties ofpunhn.se and ccssioa--n!l
the laws to cany them into etl’ei t i iul
pay tlio consideration—and all the
acts enabling tin* Executive to a c\-
1 iiiguish Indian IilIcs. ’
The Gentleman from Georgia (Mr.
Fo'syth) has refej , r‘*d to the Cor-
respon.lcnec at Ghent, to sustain his
denial of rights lo ihe Indian tribes.
pre-empt ion
he s me.”
Ii'gisiat inn.
expressly admits “the Indian title”—
that the claim of the Stvto is only
“to pnroh.se” tinder its pre-emption
“right”-—that even this she could not
do, unless “enabled” by the Unit-
Slates—that the United States
had “the right of treaty” with the
Indians; and that the claims of Geor
gia were “subject to” that right.
In the compact oflSOJ, she stipu
lated, by reference to an Article of
•he Ordinal) e before mentioned, for j
the inviolability of the lands, proper
ly 1 fights mul liberty 0! the Indians,
upon the ten it01 y relinquished: and
recognized their just claim to lands,
in tint which was retained, hv the
Article w Id. h hinds the United States
“at their own expense” to extinguish
•he ‘■'Indian title 5 thereto, as c.iily as
could he dene “peaceably and upon
reasonable terms.”
secret of his treasures—are saneti- Indeed, the gentle man from To 1.
tied hy the name of right! Tins see, himself, told us some iu«>ivictuals
1 iglit of conquest gentlemen contend pi 'hat nation were quuiiiied for stu.A
■ 8 the legitimate oilspring ol the light , * n ‘his august assembly,
of d’Bcovcry. Sir, the pirates on (lie | h lint danger, it is asked, have tho
const of Barbary and at Bnrntoria ex-1 Indians to apprehend from the laws of
ereise both. They tind a ship alone j l I |<: State?
upon the ocean—this is discovery, j W hat danger? Is it not here a-
They capture her and minder or i n* vowed, that their presence is a liuis-
slnve (lie crew—this i3 conquest, pnee, fn in w hie h Georgia wishes. ,ti>
Both these rights me thus combined . ht* 'lelietcdf has not her legislature
and consummated, and their validity , declined, that sue is deterinined le
will not, I presume, he questioned , have their Jutids at all hazards, evei\
either by the courts cf Baratmia, or | j j y ^ iolcnce, in the last resort? And,
Other lumds of similar c'nqucrcrs. ijf to her unrestrained pMver, < an
Bat even this miserable argument j •• be doubted that she w ill find tli<»
of conquest is not applicable to the 1 nienss of carrying that defei minatioii
Chcrokct-s. They were net subju- j hito effectt If the laws heietofore
gated. The Suulhern Indians had i e,,nt • ( 'd, are not sufficient, may not
sixteen tho.isand worriois, \x itli arms 0, heis be resorted to? Lot ns, for A
in their bauds. They w ere power-1 monii:n U Inch *>t the ini-asurt s already
Ail; their trade was war; they did not I adopted, and see q (My have noj;
solicit peace. V< t: souglit lor il as s ' I,, c adaptation to tlie acct/XophsI^
appears hy the resolutions of Congress,
of May, 1783— -and March. 1755.
We c.litaincd tlie treaty of Hopewell
i« wliicli gciitb. m'n find the express
ions, the* United Mates gi», ”
to the Indians, and ••sill<>i houmhirii s.’
and, hy a philolo ical criti< ism, upon
the Unglisb Dims, wliiiii vr used
they lo bu lly deduce the rights 01
conquest! M hat did the unletti red
Indian, underst; mi by those express
h as hot that thcie v; s to ho m era!
of war; and that their territory was (0
be sacrid.'' Tin . 1 <nty < 1 ni. iiis in<.-
The titles of (he Acts w hic.li [ read, 1 reciprocal stipulations of the “cc ti
mid several others, speak of the lands
therein disposed of as “n< qu ret', '
’‘obtained” from (lie “Creek and
Cherokee nations.” by (lie treaties
held hy the United Slates.
Lven the Act of December hist
eonlnins a plenary admission that th(* | ab’tle by •Llpm? If a
lands in question were never before 'capitulates, are not
trading parties.” Will it he ecu
tomled that we arc not beiwd bv ib*in
he. nose the cither [uirty was conquer
ed—\n ether woids because we werf
the stlongest ? If the United States
made teim« of peace should they 1101
besieged town
(!i“> articles of
v relied icon the views of the A-
sn'ijeet toiler jurisdiction,
oh the title is “to extend the
this St itc over”—• the tertitory now
a pn
laws of
; t i enpitelation obli
j parte dictated
: the
men can commissi oners
tlie cl '.ims
m
rcpcllin" ! occupied hy the Chcrokecs.” ' The i Lwtl
SPEECH or M«. SPRAGUE,
OF MAINE.
Li the Senate of the United Slates.
April 16, 1831).
Concluded.
Tho right of tho Ahru ighies, to
the perpetual and exclusive oecu-
■paivy of all tiioir land*, has been
always recognized and affirmed by the
Unite I States. It was respected by
Great Britain before tho ■ evolution;
as appears by the royal proclamation
pf 1763 in which all pers uis are
commanded “forthwith to remove
themselves” from ;nnds, “which not
having boon ceded to or purchased by
us; are fi>t i 11 reserved to tho said In
dians.” And after reciting that indiv
iduals had practised fraud upon tin*
natives, forbids private persons from
making purchases, ‘ to the end that
the Indians may be convinced of our
i * istiee” &i provides that if “the said
ndians should be inclined to dUpos** of
ihe said lands the same shall be pm-
^hasml only for us, in 0 ir name at
some public meeting or ass nib I y of
the saiJ Indians to he held for that
purpose.”
That right was reognised by the
fJonfederahon', as appears by the
jvhole tenor of their proceedings; par
ticularly their treaties, by which
jlliey purchased a part and guarantied
th" remainder; by the report of a
.Committee in August 1787, which
.declares (lint tlie Indians have ‘ jest
rlaims to all occupied by ft»d not pur-
ielnscd of them”—and the proclatna-
,{pi of Co-ifrrcss in September 1788,
\vb< .1) has boon already referred to.
1'hat, undernur present Constitution,
the rights of the natives & the relation
in which they sMrid to ihe United
States are su'di as I havo described,
is clearly manifested—by the speech
pf President Washington to the Sene-
Ica6 in 1790 fmm which T have already
presented some extracts—and by the
fallowing explicit and <|eUfcerote lot-
ht British. As it is ! Oth sect inn expressly extends the | aU5 1 hound to
sometimes more satis fa-, lory to read
r or ourselves than to tal e the c.ou-
slniiiion if others per in it me Sir. | lot'on of every State of itself, ope: ah
to {ircse I to yon an extr et from that :, !1 ihe country within its jurisdiction'
eoiTcspo dem e “Under (Ids svs-
;atory? iien Bona-
t real ics of peace i:.
apitols of flic tuitions which hr
overrun — was he not morally
ns< n o
•i 1
t In 111 :
" 1 esi 'iug wit bin ! he TJ-
iv so Ihr independent,
under their own r-«1 s-
Rider the law s of the
(cm the Iudi <n
nil ed St at. s a
that they live
toms, and not 1
United Stnf'-s. Mint tin i» rights upon
the lands they nm hit. or hunt are se
cured to them bv boundaries d. fiivd
in nmi' -ih! treaties between the U-
uited States and t ii'MiiseU'es — and
when these bon ;darie.s are varied it
is also hv limit able and vohintniv
treulies by wliicli they receive from
the United S:;tt< s ample compens.i-
timi for every right Uw have io the
lands reded.” “S',eh is t 1 e 1 elation
between them and the United States:
dial relation is now created for the
fest time nor did it oiiginate with the
(re tv ofGrcnvidc.” And subsequently
the treaty of Grenville was merely de
claratory of the public law—on prin
ciples previously and universally re
cognised .
To this. Sir, was su’ s-ribed the
names cf Adams and Gallatin, of
Clay and Bayard and Russell
The Gen'lemon from Alabama
(Mr. M’Kiulev.) to show that the
natives had no title to the soil, cited
die ease of Johnson and McIntosh de
cided by the Supreme Court of (lie
Uiu'ed States, and reported in the 8ih
of Wlie.it oil
To see how precisely that case
sustains my positions, let me read
a few very short extracts from the
01 inion of the Court ns delivered hy
Chief Justice Marshall II do "lares
that the ri id of the United Sln'es,
or (lie several States, is “subject to
'I liev in-
ef(Tie State over the same & the itihnb- deed might e< mplr.in tied the eo,.tract
iff.tits thereof. Sir, does not the legis- u: s Ri: ulc by constraint when they
were rmt free agents; but wdio ever
heard of the stronger party clu'ming
The laws of Georgia were not before ,0 be absolved from his engagements,
limited (o any parts of the State; because the other was subject (0 his
they were general—they covered the : coercion?
whole; and. are now—extended over i bns been I'o'pe.itedly asked, why
the residue! 1 not leave the Indians to the legisla-
Wp have heard n great deal in this '' on the State?
debate of the rights of conquest;! I answer, because thcj‘ protest n
& are fold that it is ahvnys recognised ! jrnisist it, and they alone have the
right (0 judge.
(hr protection,
promised.
Much has been s;
They demand of us
which we solemnly
being
(Oil'll
as valid hy the judicial tribunals.
True. Sir. hy those of the conquer-
er. How can (hey do otherwise?
Suppose (hat Congress, should now Much lias been said ol their
declare a war for the sole purpose of j untutored savages, as if that
wresting Canada from Great Britain, dissolve our treaties! No one pre-
and should succeed; could our own-tends, thai they are less cultivated
courts question this exercise of po- i now than when those treaties weie
litieal power, and refuse to sustain j made. Indeed, il is certain, that
our jurisdiction over (ho country, j they have greatly advanced in chili
however iniquitous tho acquisition? ! zation; w ; c see it, iu the very proofs
And if in this Government, w here the ' introduced hy the gentleman from
political sovereign is under the re-j Georgia, lo show their barbarism,
straints of tho Constitution, the courts He produced to the Senate, a priul-
c.nnnot interfere, how could they r/. . ed code of Cherokee laws; and a
Europe, where this doctiine had its I newspaper issued Ircm a Cherokee
origin? There the legislative and po-! press! Is then** another i >s'nnce of
litieal powers are unlimited- Even J sit :■!) productions from aav li.di ui Ma
in England the Parliament is equally j tmn? I w ns sin prised, that w ith all
omnipotent; and who ever heard of 0 j hb scrutiny, lie could (iud no more
judicial eour‘ undertaking lo annul! remnants of savage m stums. I sin !!
any of its enactments? I not dwell upon his selections from
Whatover may he Ihe acquiescence 1 their law s. The first was; that it a
of other nations in the oxen iso of j horse should he stolen: and the own-
power hy a eonquerer, it is no ground j er, finding the tide) in possession,
of just claim as against tho conquered. i should immediately ki;i him, in tlie
They surely are not hound to submit, j excess of passion- it should i f st op-
if new means of resistance can hefound j on his own eons ienec It is to he
To give to eonqiisl—-to meke force observed that the perscu slain must
— the name of right, is to sanction all have been guilty; and ioi sn h eFeiv. e
the enormities of avarice and amhi-j |if ( » i 9 t) ow taken in Eugi.11 d But
tion. Alexander and Bonaparte arc j this provision iiw rted in tlie ('hero-
j' stified!—Britain has done no wrong, j k e g oode. more tliairtwenty years a-
“Thnt. tho original inlialiitants are the
rightful occupants of tlie soil, with a
legal as well c:3 a just claim to retain
possession of it. and to use it according
to their oicn discretion. And again, “it
has never been contended that the In
dian title amounted to nothing.
Their right of possession' has never
tyen quest ioi]
tlie Indian right of occupancy.” in sweeping Bid.a with the hand of ra- go. has yielded 10 further light and
pine, and holding fifty millions of peo- : been since repealed. Time w ill not
pics in thraldom! All tho cruelties of, permit me to dwell upon their ad-
the Spaniards in South America—j vnnees in the arts of civilized life,
the crimes ofPizarro and Cortez—. ft j g known to have been great,
tracking the fugitive natives in terror'They till the ground, manufacture for
and dismay with blood hounds lo the 1 themselves, have work shops, a print-
caves of the mountains; and stretch- ing nress. schools ihiwT-s and a
ing their wretched monarch upon regularly organized Government,
l^rning.coals to extort from him the
n.'cnt of her wishes.
By tlie Dili section cf the Act of
1828, no Indian in the &rrnk 01 Cher
okee nations, can he a pony or n wit*
ness in any suit, tbwhiih a whii< mat}
r»:ciy in! a party, it is ssul (lint U.ijj
has been repealed by the statute of
1839. I think otherwise. The hit-,
ter contains 110 i< pealing danse, nor
vr.y incompatible provisions. Both
may well stand together, and boifc
would be enforced according io tl©
usual construction uf statutes in par(
materia It is true, that a part of
the title of the act is; to repeal that
9lh si ction ol the former. 1 his is
easily accounted fet. The act. at
first reported by (he ('ofnhiitiee',
pi obdily contained a repealing clause'
—wbi. ii was stricken out hy the n.rrO
zt alims majority—the original title
remaining unchanged.
But suppose (hat only tlie law of
1829, is now in lorn. AA hat is (0
be iis effects? All the laws. ie-ag( s,
and < uslotns of (be (dierekees ore ah-
rog?.ted, and severe puiiislnsicni s da^
noueced against those who shall j ie-
sume to act under them. Thcii < 5. v-
err.jiscnt is dissolved—their j o'i i- al
existence is at an end—thcii iii tiCif
is destroyed—it is dissolved into its
original elements! AVc know that
thcii Innas are not hoIVu n I) mtiivi*
dual ownersliip; the title is in the na*
lion. To annihilate the tribe, there
fore, as a political community, is to
di slroy the owner; and the Slate is
then to take the whole hy her (laiu>
of sucoesbioir.
By this statute; no Cherokee or de*
scendant of a Cherokee een be a w it**
m 9» against any white man, whod'ift’
not nside within the “nation.” '1 Ins
devotes thcii pi opcrly to the cupid
ity of their ueigliUois; it leaves them'
exposed to every outface, which law
less passions can inflict. Even rob-,
bery and n.nt'der may he conimitV<J'
with impunity, at noon-day, if not irt
the pu sen e of such whites, as will
become prosecutors or witness, s.
This, the gentleman from Georgia,
asserts, creates no new disability^
that Indians arc not competent 1$
testily, b> the common law , cillief
in England or in this (ountru That
I deny. They are good witnesses .rt
lioth; and have been so, without qur£
j (ii 11, ever since the ease of 1 lie GeV
jtoo, in the time of Lord Mai sli< Id,.
Sever..I were recently admitted 'f,
the (Mil ls o| N’l’.v A 01k, in a vny
imp. it.nt qn< s!i"n of title to real (
(ate m ar the tails of Nigarn; and I-
have m\seifs: en a person, convict, ch
of larceny. (<• a large amount, in 9 e
Supreme Court of Massnchus, its-,
upon the testimony of an Indian.
But the Gentleman assigned, ns a
reason for his assertion, that a he-,
liel in a future state of rewards and'
punishments, was essential to their
admissibility as witnesses True-
8ir, and so it is with respect 1« air
others. The objection is as valid
gaiti6t a white as (he red man If
this act creates no new disability,
why was it passed? Why not leav®
them to the provisions of the common*
law ? But Sir. we learn from an in»
tclBgent Missionary •hvi *i.e-e are
4th ^