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J3. BOUDINOTT, EDITOR.
& INMANS’ ADVOCATE
EOHOTA, SATURDAY APRIL 9, 1831.
' VOL.IU NO. 44.
PRINTED WEtKI.t BV
JOHN CANDY,
At $3 50 if paid in advance, $3 jn six
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VAU
AGENTS FOR THE CHEROKEE
PI1 IE NIX.
The following persons are authorized to
Aeccivc subscriptions and payments for the
•Cherokee Phoenix.
Messrs. Peirce &. Williams, No. 20
Market St. Boston, Mass.
Georoe M. Tracy, Agent of the A. B.
C. F. M. New York.
Rev. A. D. Eddy, Canandaigua, N. Y.
Thomas Hastings, Utica, N. Y.
Rev. James Campbell, Beaufort S. C.
William Moultrie Reid, Charleston,
B. C.
Col. Gzoroe Smith, Statesville W. 1.
.Jeremiah Austil, Mobile, Ala.
Rev. Cvuos Kingsbury, Mayhew Choc
taw Nation.
Capt. William Robertson, Augutsa
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Cal James Turk Bellcfontp, Ala.
m -iv
INDIANS.
SPEECH OF Mil. EVERET T.
'(jf Massachusetts, in the [louse oj lltp-
rutntotiuea, on the 1 ilk and 21s/ of
February, 1831, On the Execution
of Vie Latcs and Treaties in favour
of the Indians
[Conci.uded.]
The winding up of this affair was
in keeping with its commencement
oad progress. The object of march
ing the troops in o the Cherokee coun
try, according to Maj. Gen. Masoiub,
‘‘was to guard against the difficulties
which it was apprehended would
k#iy out of the conflicting operations
‘oftho Cherokees and the lawless in
truders, upon the mineral district
within the Slate of Georgia. Ilav-
iiyr fulfilled the instructions of the
Government, tho troops wero direct
ed to return for the winter to their
respective quarters.”
On the 29th of October last, Gov
ernor Gilmer wroto to the Secretary
of War, requesting the removal of
the troops, on the ground that the
State of Georgia could enforce her
own laws. On th,e 10th of Novem
ber, the Secretary answered him,
that previous to the receipt of his
letter, (two days before) the troops
had been ordered out of the Chero
kee nation, because the purposes for
which they had beeu sent into it were,
in a groat measure accomplish
ed.
This ohject, according to the Gen-
eral Commanding in Cliiof, was to
prevent collision between the Cltoro-
xees and lawless intruders in tho
gold district. It was answered, by
removing both!
And here it is obvious to ask, how,
on the ground assumed by Georgia
an^sanctioned by tho Executive of
the United States, the President
could feel himself authorized to em
ploy an armed force of the United
States in removing gold diggers, law
less or lawful, Indians or whitemen.
from the gold mine's of Georgia, if
Georgia’s they must be? It is not
his duty to enforce the laws of Geor
gia, nor to protect her property.—
She maintains that she is able to do
jt herself. Nay,the still broader ques
tion presents itself—what right,on the
ground assumed by Georgia und the
Executive, have we to go upon the
soil of Georgia to remove or bribe a-
way a part of her subjects or citizens?
What right to keep an agent there,
or to pay them an annuity? Am I
answered, it is dona in pursuance of
treaties? The treaties are declared
unconstitutional and void. Sir, it
happens now to accord with the in
terests of Georgia to porrnit it, but
surely she will not bend her princi
ples <0 h-erinterest?
It has been urged against the Col
onization Society, on very Wtgh au
thority, 'that it is unconstitutional for
the United States to go into a State
to remove a part ol its coloured pop
ulation. In a very able report made
to the Senate. I think at the first
session of the twentieth Congress, 1
find the following argument:
“Before they leave this part of
the subject, the Committee will ob
serve, that the framers of the Consti
tution most wisely abstained from be
stowing upon the Government there
by created any powers whatever over
the colored population, as such,
whether this population was bound or
free.
“If the United States possess the
light to intrude into any State for
tho purpose of withdrawing from
thence its free colored population,
they undoubtedly must exert practi
cally its power of previously deciding
what persons arc embraced within
this description. They must have
the power of determining finally not
only who are colored, but who are
free persons. This committee be
lieve, however, that any attempt, by
the United States, to exercise such a
power would not only be a direct vio
lation of the Constitution, but must
be productive of the worst effects.”
Now, Sir, it is not necessary to
consider bow far this argument ap
plies to the operations of the Coloni
zation Society. But the principle
that the Indian country is a part of
the soil, and its population a portion
of the People of the State, I confess 1
do not know how gentlemen who stand
on the ground of State rights & strict
construction of the Constitution, can
move an inch in this uintter. What,
Sir,constitutional for the GeneralGov-
ernment to go into the counties of
Georgia, into Mall and Habersham,
to get the people of those counties to
gether—people subject to the latts
of Georgia—make a compact with
them to mown away in a body—take
millions of money out of the Treasury
of the United States, to effect this
subject—to enable the President to
go upon the soil of Georgia and buy
ofl'her people! In what part of the
Constitution on the principles which
gentlemea set up is there a word tc
warrant such a policy, er to justify
an appropriation of money to carry
it into operation?
I know it has been answered,
that it is constitutional to fulfil a com
pact. 1 must own that this inode of
getting nt a’ grant of power is, for
statesmen who advocate a strict Con
stitution, liberal enough. Accord
ing to this principle, tho General
Government may enter into a com
pact to do an unconstitutional act. On
the ground upon which (his new I
dinn policy rests, the compact
1802 was itself unconstitutional and
was so argued to he, in the Senate
last winter. If the soil and jurisdic
tion of this territory were already
Georgia’s, the United States had no
right to interfere with it, not evon to
extinguish the Indian titlo on peacea
ble and on reasonable terms. Unloss
the principles of the Constitution va
ry with the complexion of those who
arc the subjects of its provisions, the
United States have just as little right
to enter iuto compact to extinguish
the title of the red men of one couaty
of Georgia, as (hat of tho white meu
of another county. The gentlemen
are atelually obliged to come to us lor
principles, on which they can remove
the Indians. Unless the treaties aie
valid, (he United Slates have no pow
er to act in ibis matter. Gentlemen
deny the validity of the treaties in
order to get at tho soil; and then
come back to the treaty-making pow
er, to get the Indians removed from
it.
Tho conduct which Georgia has
pursued, with respect to gold, forci
bly reminds me of the opposite course
adopted by Mr. Jefferson, in refer
ence to soma irou mines discovered
at the mouth of tbu Chickamaug.t, in
Tennessee. 'Tennessee did not claim
these mineral treasures; hut the In
dians themselves expressed a wish to
cede these mines to tho United
States, for the purpose of having
them wrought. Mr. Jefferson ac
cordingly negotiated a treaty of ces
sion for six miles squaro, including
these mines; and gave the following
reasons to die Senate as his induce
ment: -As an establishment would oc
casion a considerable und a certain
demand for corn and other provi
sions and necessaries, it seemed prob
able that it would immediately draw
around it a close settlement of the
Cherokees; would encourage them
to enter on a regular life of
agriculture; familiarize them with
the practice and value of the ails;
attach them to property; lead them
of necessity and w ithout delay, to the
establishment of laws and Govern
meat, and thus make a great and im
portant advance towauis assimilating
their condition with ours.’
But the seizure of the gold mines,
violent as that measure is; beyond any
thing that was or could have been ap
prehended loses its imporlanoe, when
contrasted with another act of great
of unexampled, and I must add stu
pendous injustice. 1 refer to the
law which has passed the Legislature
of Georgia, for the survey and dis
posal of the lands of tho Cherokees.
Let it be remembered, then,
1. That (here is a boundary, be
tween the Cherokees and the States
surrounding them fixed by numerous
treaties and by law'.
2. Let it be remembered, that the
treaty of Holstou, which was nego
tiated in 1791,. on instructions pre
viously ratified by a unanimous Sen
ate, contains this simple and oxpres-
sive pledge: ‘The United States sol
emnly guarantee to the Cherokee na
tion all gtheir land not hereby ceded-’
3. That aS late as 1817, this as
one of tho previous treaties and was
declared to be ‘in full forco,’ with
all its immunities and privileges;’ and
'that this confirmation is contained in
a treaty, negotiated by the present
chief magistrate, aftd unanimously
ratified by the Senate.
4. And that the intercourse Act
makes it highly penal, to survey tho
lands belonging or secured to utiy In
dian tribe by treaty.
And now, sir, 1 hold in my hand a
law ef Georgia, authorizing tho sur
vey of tile lands thus solemnly ‘ guar
antied; their division into districts and
sections; and their distribution by a
land lottery!
There is a provision in this act of
Ccorgia, by which, if tho President of
tho U. S. should execute his sworn
duty, in enforcing the laws of tke U. S.
hituself to imprisonment for fivo years
in the Georgia Penitentiary; that be
ing the punishment denounced by this
State law on any person, who shall
obstruct tho surveys, which it is most
assuredly the duty of the President (0
do.
The law provides for the survey of the
country into sections & districts. The
sectional surveyors twelve in number
are to proceed with as little delay as
possible, to the duties assigned them.
The survey of the districts is tc be
suspended until the next meeting of
the General Assembly, and until fur
ther enactments for that purpose.
The number of district surveyors is
one hundred and ninety-six, and the
Governor is authorized to call out a
military force to protect them in tlie
dischftrgo of their duties.
The only mitigation of the severity,
with which this bill acts on the In
dians, is the provision contained in
the thirty first section. By this sec-
tit n it is directed, that ‘the Indians
tint! their descendants, who have
made improvements upon the territo
ry, are to be protected in the posses
ion of those improveincnt?&.ofThe lots
of land upon which the said improve
ments are made, until othervrire di
rected by the General Assembly, or
until they are voluntarily abandoned
by the Indian occupants Indians not
allowed to sell their right of occu
pancy to auy porson, unless it be to
the Government of the United States,
or to the Government of Georgia, for
the use of the person* drawing such
improved lots in the lottery, and no
grant to be issued, until the Indians
shall have abandoned the lots in their
occupancy; the fortunate drnweis of
such improved lots, to forfeit their
draws, should they by threats, or
menaces or violence, remove or at
tempt to remove any Indian, from
such improved lot.”
How much this mitigation is worth
may he judged •!’ by considering,
that it exists only during the pleasure
of the General Assembly, and that
the evidence of the Indian occupants,
and of all those able to support his ti
tle, is inadmissible in tho Georgia
Courts. In this slate of things, it
little matters, whether he be expell
ed at once, or his estate be thrown in
to a land lottery, to he drawn as a
prize, and a “fortunate drawer”
planted at his door, or dogging him
wherever he goes, till he voluntarily
leaves his home.
Especially when we recollect, that,
objectionable as this law is, a still
more objectionable and oppressive
measure was proposed and strenuous
ly advocated, and if 1 am not misin
formed, adopted, in the House of
Representatives of Georgia. I de
rive my information from a loiter,
written from Milledgevilie, and pub
lished in the Augusta Chronicle. 1
know nothing of its author, but that,
as appoars on the fact* of the letter,
ho is a friend of the present Adminis
tration.
Extract of a Idler to the Editor cf the
Augusta Chronicle from a corres
pondent in Milledgevilie, dated 21th
November, 1830.
“,The particular question now and
for several days past before the
House, is the adoption of Mr. Ilnyne’s
ubstitute to the hill reported by
Judgo Schley, from the Committee
on the state of tho Republic. This
contemplates, as you are aware, the
taking immediate possession of the
Indian lauds, and forcibly driving the
Indians therefrom. How such a
bill can be the subject of a moment’s
consideration in ft Christian land, is
to me the subject; of tho deepest as
tonishment, and yet many intelligent
men believe and fear it may be suc
cessful. For my own part, I will
not believe it possible, and indeed
should Scarcely credit the evidcncoof
my senses, if such were the fact, God
forbid such a fatal consequences! and
I will confidently rely oe his over
ruling goodness and protection to a-
vert it, to save the Indians—nay ten
fold, to save our oum State from the
serious evils which must inevitably
follow it. I must not trust my feel
ings farther on this point; perhaps
they are teo deeply and unnecessari
ly wounded. We will at least hope
so. One thing is certain, that no etr
fort ib or will be spared to prevent
the adoption of the measure; and I
%
A
! am proud to see among the opponents
many, very many of the first and a-
blest men of (he Assembly of both
parties. Indeed it is by no means a
party matter, &c.
“Numerous as are the advocates
of this measure, the array ef talent a-
gainst it is very powerful, and the ar
guments of its opponents are sound
and incontrovertible. 'To say nothing
ol humanity, the want of neceslffty or*
expediency; the ingratitude ol oppos
ing the Piesident and his Administra
tion which have long been and still
are making every possible effort in
our behalf; the folly of now necessari
ly arraying them against us, contrary
to their will, and of indirectly giving
their and our enemy, Mr. Clay, still
further and greater power against-
them; the imminent danger of a di
rect and violent controversy with flu?
General Government, ail of which
ore directly opposed to this measure,
the faith and honor of the State stand
openly and irrevocably pledged against
it. But for this pledge given hy mil'
Representatives, Mr. Wilde and oth
ers, on the floor of Congress, last
session, against the exercise of any
force against the Indians, any effort
to drive them forcibly from the lands,
the bill to encourage their emigra
tion to the West ol the Mississippi
would not could net have passed.”
Th is bill with some amendments
passed the House of Representatives
of Georgia 7G to 55.
1 read this to show that it is not
merely “the white savages of the
North,” noi the oppenents of this Ad-»
ministration, who condemn the course
pursued by Georgia.
But 1 do not find that the law' pass
ed is essentially better. The evils is
only delayed. The lands improved
by the Indians are not exempted from
the lottery. An amendment to th.ot.
effect was rejectud, by a vote nearly
two to one; and alter the lottery is
drawn the unhappy occupant is only
to keep possession, till “the fortunate
drawer” can pursuade him to go.
And now, Sir, is there a anember
of this Hoase, who can recollect,
that the United States have solemnly
guarantied this land to the Indians;
that we guarantied it for a valuable
consideration, which ice kcep\ lh?t we
guarantied it voluntarily, unanimous
ly, and belore the compact of IS02, r
and not feel that the guaranty ought
not to be violated?
I again appeal to gentlemen, who,
without approving of the principles
of this policy, gave their votes for
the bill of last session, qualified as it
was by the Proviso, whether thov
would have lent their sanction to Fife
measure, had they believed, that,
within a twelvemonth, a law would
be passed Wy Georgia, to st*«d an ar
my of surveyors into the territory of
tho Cherokees, and to subject any
person who should presume to exc-.
oute your laws, to the pmiisbfnent of
the Penitentiary, from the President
of the United States, down to the
lowest officer in (lie service?
Why,‘sir, granting all these trea
ties made by tho United States aro
unconstitutional and not binding; grant
ing the truly atrocious proposition,
that we can break the treaty and
keep the consideration; granting tlif
Georgia still possess tho power,
which, if she ever had if, by adopting
the constitution she gave up to the
United States,&fhat things now stand *
as they stood, under the old confeder
ation, all this would not mend hci» J
title to those lands. Under the con
federation, she admitted tho right of
tho Cherokees to treat as inde
pendent nation. She treated with them
herself; the treaty of Augusl|»~iii
1783 stands’in her statute btyak; and
in so doing recognises their right to
cede, and to keep what they do not •
cede. I will read to the LUuse th# 1 *
first and aixty^rtlcle of the treaty.
“Whereas a good anoerstamiiug
[Seefourth jwgs.j
0 * A
*4
