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PRESENT STATE OF THE IN
DIAN QUESTION.
To the editors of the Notional intelligencer.
Gent,i.emi£n:—Your readers need
General Government to talk of pro* j of professional aid. Mr. Wirt, long
tectiug them; in any respect wtiat- ! atid advantageously known to the A-
tsver. | merienn public as an eiAiuent jurist
'l'tie President has not only sup* I and 51 powerful advocate, was enjgng-
posed himseJl invested with tiie pow- j ed hy them to defend their cause, and
not be informed that' the Indian Quos- j e ,. () f suspending or repealing laws,' to take proper measures lor bringing
(ion, as it is familiarly called, has 1 but has, In the ease,’w$lhe Gherokccs, i it beljpreihe Supremo Court ot the
lerestinirto the Anieri* I canfiiidpiJ tlm int^rrum-sr law. which UnileiEJ&jtt's.
been deeply interesting to the Ameri-1 suspended the intercourse law, which
can public tor more than a year, and ! | ia ,j been made perpetual for their
that it was particularly so during the ! benefit by an express treaty stipulh-
w’nolc of the last session of Congress." j ji on . has also assumed the pow*
This subject does not directly affect er of wealing treaties, on the ground j sad
that ali his predecessors in cilice, and
every Senate of the United Stales, fiionds
transcended
D ement of this advance
^ was received with
restedtojf gratification. The
countenances of the Clierokees
the private concerns of our' citizens,
nor does it bear immediately on the
foreign relations of the country, nor
ought it to be entangled with the wishes
and designs, the hopes »^1 fears, of
political intriguers or partisan editors.
3N’o other subject, solar removed ns
tins is from the ordinary causes of ex
cited feeling, has taken so firm a hold
of the public mind and the public con
science, since the United States be
came a nation. This general inter
est can he accounted for in no other
way than by supposing that a large
portion of our inhabitants, including
nr ny of the most intelligent, virtu
ous, and public spirited in the commn-
nity are seriously apprehensive that
justice is to be trampled on, liuman-
iiy outiaged, and the national charac
ter deeply stained, hy lhc treatment
wire'll the defenceless tribes upon our
borders are to receive at our hands.
The Indians are now, if compared
with ourselves, a feeble race ol men.'
They are far removed from the pap
ulous part of' our country. They
have but a scanty means of access to
the minds and hearts of onr people
Ignorance of their condition casts an
obscurity ever their rights and"
claims. They lwve no patronage to
bestow,‘no votes to ?«ve dr itf.held.
no resources adequate *0 c-'on a mod-
crate and stinted .In Joyce of th dr
righteous egose. Their opponents
can w k id a great patronage, have
many votes to give, and hold great po
litical power at their disposal; and all
the influence thence resulting is ex
erted to stifle inquiry, to ni , 9’.t-p r «-
sent the character and claims of
Indians, and to make their cause
pear despicable" and hopeless.
Yet, though thei*’ cause labors
der bit these dis dvnnHgt'fi, the
pie of the United States generally,
far as correctly informed in regard
to facts, are sa Ibe side of ibe In
dians. The cry of rtic Indians has
been heard; fheir et.\jms are thorough
ly understood bv many; and all lair-
iniuded, honorable men, by whom these
claims are understood, are exitome-
3v desirous that the Indians should re
ceive that protection, which cur na
tion has solemnly, and many times,
covenanted to afford
Another session of Congress is ap
proaching; and it seems proper to en
quire, what is the present stale of the In-
di:in Question*) and what are the peo
ple. of the United Slates bound to do, in
re. ard to it?
f prooose, Messrs. Editors, to an
swer these two inquiries, in two es
says; and as hut a single number will,
be thvofed to each, I respectfully so
licit the attention of yourselves and
y nir readers to a discussion of so
m 'derate a length, on a subject,
who ii, however it may be disguised
for the moment, will at last be uni
versal! v acknowledged to be one of
momentous import., •
To ascertain what is the slate of the
Li lian Question? i: will be necessary
to bear in mind the following particu
lars.
r Hie present Chief Magistrate of
the. United States, soon alter enter
ing npon the duties of his oiiice, gave
the Cherokens and the other 1 south-
w-nern tribes to understand, that
they must submit to the laws *f the
S’.,’C3 in their neighborhood. While
he professed a willingness to extend j have refused to treat. The
bn protection to these tribes, in som^ Ghir‘kasaws nave agreed to remove,
u • J fin'd manner, a id 10 some uncjMr Pfnided a country .c in he found,
the single light cf^ommqn sense' and
common honesty; if these things, or
any of them, arc worthy of considera
tion, the people of the United States
are soon to decide a most extraordi
nary question. It ii—-Shall our na
tion violate its faith? The question is
no less than this. It cannot be made
less. No sophistry can disguise it.
No art can conceal it. No party
clamors can drown the voice of rea
son and conscience, which incessantly
the
ap-
un-
peo-
had transcended their constitutional
authority.
The fact that the President ha
theoretically and practically assumed
the power of suspending or repealing
a law of Congresss, which had been
enforced by every one of his prede
cessors, and the power of vacating
treaties, which had been uniformly
held sacred among them, is one of the
most remarkable tilings which have
taken place since the origin of our
Government. Hoiv very remarka
ble it is, may be seen by any one who
reflects, that the Constitution has
given the President no power to pro
nounce an existing law unconstitution
al, much less to repeal or suspend a
law. He does not embody in him
self all the legislative and judicial
functions 01 the Government.
The interpretation ot laws, and the
power of deciding ns 10 their cpnSti-
uiuonality, Delong to die judiciary,
by tv inch hi aucii 01 llie Government
these powers have exclusively ueen
exercised. Even m hereiiuaij mon
archies, wherever there is any Hung
like a Winded Government, tiie Ki ig
cannot abrogate, alter, or suspend .1
iaw. 'i ms iviug of En-laini, !or n-
«tmicc, has do power ot mis sort.
The. representatives oi tne A‘’re.;e5i
people inserteu in trie recent charter
a decimation, that the King siiouiu
never suspend the operation <J a law
and this was one oi the lust, and one
of the mosl*impui uml additions union
they made to the olJ charter.
Sited Doing too known opinions ami
conduct oi the President, tne Indian
biU passed at the close oi the t,»si feos-
stuii oi Uongfv ss. The act would bo
perfectly harmless, wore lho o:»t:ni-
lion ot it confided to a dual Magis
trate, who cnt^rliiiued tin. views of
General Wuatungion and de-ltV/son, m
relation to this whole subject. It
recognizes the national character ot
the iudian tribes, and expressly guards
against the violation of treaties. Yet,
both its friends and its opposers knew
very- well, that the Indian tribes
were denationalized by those State
laws, with which the President had
said he could not interfere, and that,
under the operation of these State
Jaws, every treaty, though made lor
the very purpose oi protecting the In
dians, would become a dead letter,
i speak of the friends of the bill gen
erally. There may have been a few
who voted for it, in the belief that it
would be impossible for the President
to disregard the plainest stipulations of
treaties, under the auspices of on act
of Congress, which expressly guarded
their sanctity.
The effects of this act of Congress
have been precisely such as its oppo
sers predicted they would be. The
ludtans have all been told, that the
opinions of the President, as they
had been previously sialed and ex
plained, arc approved by Congress’,
and that now there is certainly no al
ternative for these tribes, but a re
moral beyond the Mississippi, or sub
jection to the laws of tiie States.
Attempts to negotiate with tho
Southwestern tribes have been re
newed under the auspices of the In-
chan Dill. The Cberokees and
were universally lighted up. Allfefies, Jieware of National perjury.
ail who The
of the Indians, and
love to see justice administered
with an equal hand to the weak and
the strong. To the Supreme Court
the Constitution has assigned the duly
of deciding questions, which arise in
regard to the constitutionality, as well
as the meaning and effect, of laws en
acted by Congress, and by the Legis
latures of the several States. It the
Indian Question can be fairiy brought
before this tribunal, and deliberately
argued and adjudicated there, the
public will undoubtedly be satisfied
with the decision. If, however,
there should be unavoidable delay in
the obtaining judgment of the
Court, so that the Cbejrokces cannot
soon avail themselves of that legal
protection to wiiich they believe
themselves entitled, and which has
been.solemnly guarantied to them by
tne sovereign authority of the nation,
it will be matter of deep sorrow’ and
regret to them, and may prove fatal
to their cause.
Soon after Mr. Wirt was employ
ed as counsel for the Cherokcos, he
prepared for (heir, U3e and guidance
a wi.lten opinion, embracing all (lie
Uniterm! points oi difference between
ilu.ru lied tiie State of Georgia. In
tins opinion, which tvas drawn up
with great 8biluy and candor,-and
k.iSl:-Muo by nil; nsuerable arguments,
the i‘oiimving positions arc established,
viz:
J
l.eign
That lhc CbermLecs are a sbve-
iiaticm.
&. 1 hut the territory, of the Clier-
okecs is not within the jurisdiction of
1 lie Shale of Georgia, but within the
soje and exclusive jurisdiction of the
Cheiokee nation.
3. That, consequently, the &tate
of Georgia, has no right to extend
her laws over that territory,
question then for our young and
boasting Republic to settle, is, shall
we deliberately make up oar minds
to forswear ourselves? Shall we
calmly, and coolly, and alter many
mouths lor consideration and reflec
tion, proclaim to the porld, in tho
lace of Heaven, that we deem very
lightly of our faith; and that we can
break treaties by scores and by hun
dreds, without a pang, and without a
blush? Shall tee, the People of lhc
United States, who formed ali our
constitutions of Government; who do
not forget that we govern ourselves;
and who expect our,, will, and not the
will of a few privileged men, to be 0-
beyed; shall wc perpetuate an act,
which combines all the baseness and
guilt of the meanest fraud, 1 he most
barefaced falsehood, and llip most
deliberate perjury? Shall we per
petuate such on act, while, in all our
intercourse with foreign Nations, wo
are talking of justice, and honor, and
integrity? and are demanding in a
high tone of inoralit}', as if conscious
of rectitude, that all our rights should
be admitted, and our claims should
be regarded as unquestionable? Shall
we perpetuate suck an act, by en
croaching upon the rights of the weak
and defoncolcss, merely because
they are weak, and we are strong?
SlialJ we do this with reference- to the
descendants ol 111m, who listened to
the persuasions and intreaties of our
fathers? rvbo consented 16 a peace
at the earnest solicitations of. Wash
ington olid other worthies and heroes
of the Revolution? who receive^
from Washington, ns Chief M&Crjg-
Irate of the Newly formed Uiw 01 j
very first pledges of lh.ft'p ure nn 7j
uncontainin^e^iT/of the rising Uc*
and who accepted our solemn
ranty,
1 e,
,st-
agciits to commit an act
and enormous wickednes
lectly plain ease, and
can
the*
find
we
/
/'*
. '[guaranty, as the great equivalent for
4. i iitu the law ol Gecjvgia, winch j large and 1 rich domains, which they
ujoeis the Uherokees/Yo (he juris-! relinquished to our expanding popula-
i.n,
cpv
“HP
t!unox»*-M. explicitly.and rep eft*
©6iy Jared. lint he could do noth
ing which should interfere with
State laws, or should imply that the
fe 1 . ’ate States have not tho absolute
I uncontrolled power of legislating
o ' • Iudian tribes, residing on their
<n territory, if that terrritory
h. eu to fall within the char-
1c"h:S limits of any, Slate’.—
Of course, the President must have
the
course|
Vd'h the Indian tribes; a law the pciii*
Vr'ithSp|’p‘ r Qviji on s of which have been
'‘Vee since the year and
David Lee wv stand* on the national slnl-
P. S’ I woul<r? re V , ® r ’ 1# ‘ 1 l! the right,.
I- .' 1-.. p of . t | )e j,,. 1 for th
assumed the power of suspending
If v of Congress, regulating interco
von.’ p.q.cr with iin.*
which be satisfactory to them,
a 'condition which they do not beiievo
it possible for the United States to
comply with. The Choctaws have
recently siguffs at tea. y, under the
very urgent mi 11 once of the Secreta
ry of VV^ir, with the law of Congiess,
as explained b\ him, and the la^s of
the Slate of Mississippi, and all tho
unknown power of State legislation,
suspended over them; tjlvp wholi
forming a system of du^%a.."T 1 Ycli
« hoctaws could nor^^*?Jjrand,
rich it is equally unjust t.o them,
siionorable to tiie country.
When i be Indian bill had passed,
the Cherokee deputies, then at Wash
ington. employed legal counsel. Now,
fiist time since this eontro-
ud, it is absurd for thei ms 3 r ar o*6) availed themselves
If-gj.'.sa'r
SUOJ
d^iGiioa ot that Staie^ is unconstitu
tional aud void.,
5. That improvements, for which
individuals among the Cherokces have
receiv'd a comi>ensation from the U-
nileu.estates, in consideration of their
emigrating to tiie country on the Ar
kansas, do not pass to the United
States; much less does the soil, on
which these improvements are found,
pass to the United for tho use of Geor
gia; but these improvements and the
soil belong to the Cherokee nation.
And,
6. That tlieJPresident of the Uni
ted States hos no constitutional pow
er to fix die boundary between the
Cherokee nation and the State of
Georgia.
In these positions, many of the most
distinguished lawyers in the United
States have fully and deliberately
concurred. Indeed, it may be doubt
ed, whether a lawyer of any reputa
tion can be found, who will seriously
undertake to controvert them. I do
not learn that any answer has been at
tempted.
If any confidence can be given to
the opinion of Mr. Wirt, thus express
ed and published in tlie view of the
whole eivjlized world, an opinion,
which, as Mr. Wirt very well knew,
must inevitably cither elevate or de
press his own character, as a pro
fessional adviser, and a man of intel
ligence and integrity; an opinion,
formed under circumstances ef pecu
liar responsibility to his clients,
whose denrest interest are involved
in the issue: if any confidence is due
to the opinions of many other eminent
jurists in our land—men of experi
ence and sagacity, neither seeking
nor holding public offices, not entan
gled with political parties, but look
ing; at the subject only as connected
with tho permanent interest of the
country; if any credit can be yielded
to the solemn asseverations of Some
of the ablest and most respected
members of both houses of Congress;
or to reasonings, which have been
pronounced unanswerable by men of
great intelligence in Europo and A-
merica; or to thoideelarations of dis-
passi6nate aqd patriotic citizens,
many of whom regard the matter in
relinquished to our expanding
| Lion? After expressing, for forty
years, our determination to abide by
these vcif engagements; after re-
alfirinin#lues# engagements by the
mqirt/iS, and under the seals of all the
venerable and honored men whom we
had selected as most worthy to hold
the highest offices in the State; shall
we suddenly have the hardihood, the
audacity, the impudence, to absolve
ourselves from all the obligations,
which rest with such accumulated
weight upon us? Was the man of
probity aud honor ever tggpsformed,
all at once, into a knave, q swindler,
a case-hardened villain, taking no
pains to hide his viiiany? Was it ov
er heard of, that a chaste matron be
came, ail at once, regardless of com
mon decency? The Romans had a
maxim, Nemo repentefu turpissimus.
And shall we, in this early age, of
our growing Nation, after exhibiting
to the world most illustrious exam
ples of public virtue, suddenly cast
away, a* a wofti-out Government, nil
regard to our national character, nil
respect for the opinions of mankind,
all respect for ourselves, all consider
ation of our permanent interests, and
all fear of God, the Avenger of the
oppressed?
Is it possible that the People of
the United States should hesitate on
this question? No; they would not,
if they saw that this was the ques
tion distinctly proposed to them, that
they must answer it; and must be
hold responsible to the world for an
swer. The danger is not, that a ma
jority of the people will do wrong,
with a full understanding of the enso;
hut that apathy will prevail; and the
question will he decided the wrong
way hy interested voices; and thus the
character of the ceuntry will he lost,
before the country is aware of it.
The alarm should be sounded by
all who can write, and all who can
speak; an alarm more earnest and
thrilling than would be required to
guard againt the approach of an invad
ing army, the breaking forth of pesti
lence, the conflagration of fifty cities,
or (ho loss of half the property in the
nation. If property were only de
stroyed, after the lapse of a few
year? the less would not ho known,
and posterity would neither see ivy-
led it. Put the loss of character is
irreparable. Who would not rather
have a son or a brother deprived of
his last farthing, with his reputation
uninjured, than see him placed in the
pillory for manifest fraud and wilful
perjury, though he might console
iiiiusalf, in his infamy, with the wealth
of both the Indies? The ordinary /
calamities jof life are soon . past and /
forgotten; hut the deep wound of a/
ruined character — the ruined charnc/
ter of a nation-—-after ages arc gen/ i
is just beginning to show hnw disgi? ,
ing and intolerable the gangrene its t
If this nation, the People of thfez/ry
nited States, shall commit, or, \6e.,j • ,*
is the same thing, allow their ! 1 !'. 1
of IW | , .'!’ I,C
in.. e».ou®
mtb% ". I ,c '-
excuse or palliation, the dist> / _
public morals and public depp' ,® a * ■ .‘J.
be more shameless, the is * • /,
to weak supplicating foi M ? 0lie
wanton, the disgrace broith i . n n)0 . ,c
\. r h m tfilil upon the
cause 01 tree governments .”• * •,
, . b . , i -i tnore (it*.op .
and more extensively pe « . niciotlV( J '
1 lie gnilt fijc.in'ed morp. f fri _ btru ,
appalling, llion.t is uW (l, e poi Ver of
language adequately , (le8[ , ri j )
History furnishes no ,; *,,., ra ii-i „
, 1 | ■ . .. ,| parallel case of
palpable injustice an’G „ .
1 j m 1 cruelly, com
muted or allowed lhe J n]astf f
he inhabitants of a| [ at
ter ample time forftj eJiI)oration / :
A thousand, ; vo.(i c9 ask What
be done o arertf, he . m . n? ,
cast without remedy? - Con we
no place for repK , (]lQ b
seek it carefully wj1|ltearB?
I hese qucstL 0n9 j Jave a j reac j v been
answered, m j c ffeef, Gy the'public
doings of vorj OU8 assB mblie 3 of our
fellow citizen# in different parts of'
the country; «, ltil be 0 * matloi .
of convenicncL (o have t[je ail „ vcrg
orubodied in single paper. This I
shall attempt iu lny rcmaiuing m:m „
WILLIAM FENty
—o:o:o:o:g:o:o—
Croup.?—We are not going to pre
sent to our readers a new and sove
reign remedy for the croup; one which
never fails until it is tried, and then is
found, of the particular juncture, to
be utterly inert or prejudicial. We
leave discoveries of this nature to al
manacs. and backs on popular medi
cine. Our design at this time is to
tail the attention of mothers to tiie
means of prevention, which they have
in their own power. But first, lot us
ask them-—for however preposterous
the question may seem, the conduct
of many of them justifies it—When a
child is nearly snffucatcd or actually
dead from croup, does the mother de
rive consolation, ill her alaiin and grief,
by reflecting that the dear little CRe
has always been dressed in the latest
fashion, with very full and short sleeves
and lotv breast? She may, in reply,
accuse us of sporting with her feelings
—well then, we take the liberty r f
telling her, that she trifles with them
herself, and endangers, if she does not
actually sacrifice the life of her chifi.V
by . laying bare its little bosom and
shoulders, which are among the m st
sensitive parts of the skip. And what
is the reason of this exposure? None,
What the excuse? Because the littlo
dear looks so well in this dress; tliqt
is, in fact, because it is made to look
like a dimunilive woman, a new va
riety of tho species; neither child not? -
adult; neither natural or grueful.
Some assign 0 better motive, viz: in
order to accustom the child ti resist^
the vicissitudes and inclemencies of
the seasons.-—“The intention, though?
good, is not adapted to the variable
climate of this country; and its adop
tion, the rest of the body being at the
same time covered with warm clothing ;
renders the chest more susceptible of
injury. Inflammatory diseases do un- 1
questionably offen arisu Rom this ex- *
posure, which might lie avoided even
by a slight covering of muslin. Len-
tin, a celebrated German physician,
as well as many of our own country
men, are of opinion that croup is. not
unfrequently thus produced.” Thqse-
remarks of an English writer; ore.-
strictly rpplieahle to our climate nu(T '
its inhabitants.—Jour, of Health, .jarty "*
A STRAY COW AND YEARLING
have been running with my cattle.for,
more than a year. The Cow is of a ~
dunn color, marked with an under*
both ears. The yearling is a dunn’
white back. The owner is reque|t<
come forward, prove property, pay chargt
and take them away.
GEORGE HIQKSL
December 11 ■
m