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you nxoeedeJ your pu.< ora, the trea
ties ar« at an and. And what could
then bo the result? 'Vliy, ©very
cession of land made by virtue of
them is a void grant. The bounda
ries which now circumscribe them
orG no longer fixed and permanent.
JjJvery thing conceded by . them in
these treaties is set afloat* Are the
states more especially benefited by
them prepared tor this insult? Are
they villing to acknowledge the prin
ciple, that, no permament rights were
ncquiiod for them by the ratification
of these treaties?
If the tnilian tribes possess the
rights of soil and sovereignty to the
extent, to winch I have attempted
to
tre
1 law.extending the jurisdiction of the state
into die Cherokee nation, was argued at
great length by the counsel lor the prisior.-
The argument closed at about 12 o'clock-
at night, when the Jury retired, and in a*
bout twenty minutes, returned a verdict
otguilty, against nil the prisioners. On
Friday morning, the prisioners were
brought to the bar to receive the. sentence
ofthe court, and on an enquiry from the
Judge, whether the prisioners, or any of
them, had any thing to say, why sentence
should not he passed against them accord
ing to law; the |tev. Mr. Worcester rose
and remarked.
“May it please your Honor.
in am guilty of all or any of those
crimes which have been laid to my charge
In the argument before this court, but
which are not preferred in the bill of in
dictment, then I have nothing to say why
sentence should not be pronounced against
enac
show they do possess them; if the , me;— but if I am not guilty of all or any of
•atics and laws entered into and | «li«*in,~wldel. I solemnly aver before this
. . i it •. i ci i court and before my God that 1 am not,—
acted by ihe United States ‘ j then I have.to say, what 1 have already
"j - - . mini a natt-.iu »«ty, .vuui i tiiin; mu atn
lation to. these tribes and valid—the said, that this court ought not to proceed
power to pass this law does nut ex- to pronounce sentenc against me, because
L, and its inexpediency is obvious, j the act charged in the bill of indictment
away from those tribes, or ! commuted w.tlun the rightful, ju-
J. 7 , . , i , ’ Ksdietion of this court,
the lights winch belong to
It Ink.s
impairs,
them. It substitutes a legislative
eineim-mt, requiring only a majority
of both houses ol Congress lor a trea
ty,‘which requires the. assent <f two
thirds of the Senate.
If my physical s.rcngth wciecom-
rtl't'r which, the Court delivered to the
prisioners the following.
justice due to this unfortunate people. Is
it not just? Is it not humane? Ought it
to be frustrated? 1 put these questions to
.ill considerate and reflecting minds. But
this is not all, this policy has the sanction
of other great names. Mr. Calhoun, in
the same year, as Seqretary of War made
a report to Congress on the sanr.c rubject,
and stated among ether facts that the whole
number oflndianS to be removed, in the
United States, did not exceed ninetytwo
thousand (about the population of Itliodc
Island) and that the sqm of 95,000 dollars
would effect the object. and concluded by
a declaration, that if fixed principles were
adopted to effect the object, such as had
been suggested by' the President and him
self, the “basisofa system might be laid,
which in a few years, Would entirely effect
the object in view, to the mutual benefit of
the government and the Indians, and
which in its operations, would effectually
ar est the cp.lamitous"6aurse of events to
which they must be subject, without a
radical charge in tlnj present system.”
The next statesman we find recoinm'
irvgthis highly benevolent object-^
dent Adams, and in accorda’ lC ’ W|tb j’| H
views the committee on afl ‘ air to
whom hat part of ,^ efOTg0 was re fe r i-
ed; called upon Barbeu ^ then Secre-
! 1 - v 0 _ 31 ; C«»r such report and specific
!- a, i as ’ ■ rtS best calculated to accomplish
the.
.urpose. He drafted a law for the
ADDRESS,
believe this
confidence of the people oft the Union as
to have produced m Us fa$ft a public a<tf
of Congress; that in obedience to this act,
a better home had been offered to the Indi
ans, as well as full compensation for that
which they should leave," supported in
their journey thither, besides being suppli
ed with many articles, not only of comfort,
but of property highly useful to them in
their subsequent situation; tarnished also
with one yeai’s provisions, after arriving
at their new homes, and then forever
thereafter to receive the constant protec
tion ofthe General Government. This
is not all; they had an assurance from the
Government, upon which they could T.'iy,
of a permanent settlement, such as no fu
ture collisions could disturb p ar * removed
from all the causes wb;. cll could possibly
thwart its ^civ ihztnar Q ,c ations, and what
is still be'ter fo- « , (iem> out n f r etfch of
all those v;, )US i„fl u(!nces thaft bad, herc-
0 ® r ®', sq signally counteracted the eflec*
0 ‘ Missionary labours,- Vpijfft from these
«ti iking advantages to them, we have seen
•in the v-ews ofthe great statesmen already
mentioned, that imich was expected to
the Interest nf the Government in its re
lations of peace, commerce, union, and
above all in the discharge of a long defer
red compact with the state of Georgia,
which haf been so procrastinates as to pro
duce a spirit of discontent, such as not onlv
territory where I reside, then it follow
that ( am under no moral obligation to
remove in compliance with her enact
ment*! >’ Another individual replied, “I
Could not take the oath required of white-
men who live in her chartered limit»,bc-
cniisc I should then acknowledge the ju
risdiction or Georgia over this country,
which Would be adverse to my opinion,
and would essentially effect jmy useful
ness as a Missionary labourer among
the Gherokees. My principles ofaction
are Toundcd on the Word of God, and if
in adhering “to the law and Ihe testimo
ny”, and eodeuVoring to follow the ex
amples of Holy Wiit, n»y conduct is con
strued iilto ail unjustifiable interference
wifll political affairs, I cannot help it”.
Though this is a grave subject, one is
almost induced to smile, and, in the lan
guage of some ofthe counsel of the accus
ed, ask if this be not the doctrine of Ntuli.
ficationl Can it be possible that we have
come to this, that every man has a right
to throw himself upon his original sover
eignty, and obey iust such law as he pleas
es? I might s.fely concede that he has,
but he must take care of the consequences,>
“if the law’* be against him, and be has
not physical strength to resist its over
throw, he may depend upon it, be ■
taken a fatal and iu»—— •* - jias
i ... >» me step. But
«u»u suppose, giving my humble views
As I sincerely .» m-ve ims prevention
has been sought and endu- <./, j w ;n not
say in an unchristian ^ n1pcr . ( ’ bu , certain
ly in a great
, . . . . ... . to impair the confidence a i a ( 0> i n I ofthe “law’ and The testimony % that the
..ninmitlce and submitted it with very able the fidelity of v(lt . (Jeneral Government, j Governor had placed a proper construc-
ann judicious remarks, warmly supporting but greatly to disquiet the repose to the I tion upon botli, when, in addressing these
the plan, and enforcing it by a »anety <>l Indiana themselves. Are not these con-l individuals, he “put them in mina to be
“i, 11 ! 1, rations enough to have induced a duti- | subject to principalities and powers,. t»
i “■— , -j — - n- -■ - . iof opposition to th
potent to the task, I would submit j laws, for pn^aleffi
u — ..Teel; I deem it my duty,
to the committee some considerations 0 in:> « t>iv remarks on tins occasion,
eviMciu tlni impolicy of Iho passa^T. ’ • ,0| ‘ 0 Y. "ay of vindication of the public
... C-H l .;„,",i,ii At'. | authorities, for they need none; but to
01 .hit bill, o 10 ' p 0 prevent a misdirection of public opinion,
mots expense wlilc.) will attend its and with a hope that it may Undeceive
execution, and ‘.‘r.c. utter annihilation {'many an ignorant and innocent individual,
which it will cause, of ihe tribes who ! who ! ! ah b , ef ‘" ,f <1 V c( '' 1 in,u a s ‘ mi ’' ir L tra ns-
.. . , | , i g’ression bv the high example of tins un-
my lemovc to then conteinpl.itt.d <b ,iif u i disobedience. I mean no reproach*
residence west of the Mississippi.
But I have already exhausted my
strength in the discussion ol the other
given
es, the penalty of the law is punishment e-j w , 1
nough (irr t lir» offence, and tny respect for!!' will add, that ill
misfortune always inclines me (lie rather
. ■ ° .. . • . to veiluce, than incsease its suffering. 1
interesting questions connected with wl)all kin!i fv
He concluded his able report | solved, that they viewed a removal *’f the | of Peace could not hate been recollected
tollowmg impressive language: c Indians over the Mississipbi, as “«n tvent 1 in his mild reply to his disciple on the
end proposed is the j to he most earnestly deprecated” Vhe re- subject of that well known oiw-uessioa of
Indians—the instrument j sonhnents ofthe Indians have been excited 4 u ‘ T - n ■ -
the bill, llshall leave these topics
to my friends who may follow me in
.this debate.
I would not, if l had the power,
excite any improper sympathy in fa
vor ot tuose remnants of a once pow
erful race. 1 will not ask the com
mittee to consider thi* manner, in
whi«h ! he white man was received
l,v them, when he first set his toot
happiness of th*
of its accomph-mont --their progressive, , t> thrt highest pitch by public ami private
and finally, their coinlete civilization, j harangue* against the laws ofthe State,
I’he obstacle; to success, are tlieir ignor- I and against the Pre-ideat and gorernmeu.
ance, their prejudices, their repugnance to I of the United State*. Ofiiccrs of every
labour, their wandering propensities, and 1 grade and character belonging to both
I lie uncertainty of the future. 1 would Governments, have been insulted and cal-
future. 1 would
endeavor to overcome these by schools, by
a distribution of land in individual right,
Government
umninted ip theii meetings, in tlieir coun-
an at
speak m a tree ami decided language,
j unirtixrd, however, will? the least temper
! of itakindness. Foreseeing, as I think I
| do, one ofthe main objects of tins singular
| perverseness, I will endeavour a* far as ir.
i my power, to counteract it by a lull an
plain hist
tend to
that matter is *eitled. But iliat every 3,lo “"' require tne performance oi social j move mis intiuence lrnm among -tlieir., it
, body inav see the true nature ofthis whole ' (,uli ?> bv assigning them a country of I has been met hy the m-wt decided and
' transaction, I proceed ts give the following winch they are never to be bereaved, and j prompt opposition. The Stale ha* b en
j partculars: In the year 1315, the late ven- cherishing them with parental kindness, i defied, aud a territory over - hich she lias
erablfl Prcsulont Monror, comniumealed ^ ^possible ^results oi j ilifl exclusive jurisdiction, has been openly
i i • > .. . declared by these weite men to belong to
tnc Indians anil that they have the right
list ry ofthe case. I will noi pie- a distribution of land in individual right, cils, and bv thru* Press; and when an a
i discuss the light of jurisdiction, ‘ by a peman^n*social establishment which i tempt has h**fma<le by Georgia to r
latter i* settled. But that everv 3 l ,0 p'd require the performance ol social I move this influence from among -tlieir.,
lav sec the true nature ofthis whole ' hy assigning them a country of has been met by the most decided ar
lip p i[if* shores of tin* Wt'Slcrn world; i to Congress a design, which hud been the plan, I am cheered with the hope, t 1 1ul
lo t <lo cessions of lands which, from subject of deep reflection bv that benevo- , , llin , v . e * w 1 1 .*,,, C0 . rn .P aia
hy < -' a:sar Augustus”. Matt.
XVII 27. Luke II. l and XX. 22. I
am willing to make all duo allowance foe
the diversity of human opinion, in matters-
ol government as well as hn religirm; but
1 ask every candid man, . what would be
the consequence, if every i 'dividual were
allowed to judge foi himse If, whether he
would obey the laws or not, especially
after they had been promounccd By ttlO:
only competent tribunal -.to be constitu
tional? II these individuals have the right
to do it, all the rest in cob ununity halve
and what, I repeat, woul d be the conse
quence?' Anarchy and c« infusion! And
hoinf’S, lh(' lands ivlwcli tlicy occupy, ; wisb mv jV, n ir s VvouhV'jusUfv^m'v‘ V.resent-i ^orthy of ail consulernon ? But again, in
res of Gum r lathers. I>0, sir; h ng ,he‘whole of that variable document, ' this sai . T1P administralipn, twice or thrice
ol)li‘ r ations ‘ to .sustain and pro- but I can onlv irivc a lew of its outhn-s. "l a r 'k' 1 subject pressed upon the attention
would hereafter be taken of our de
cision on litis bill, should i! become
a law. He took us front this Imll.
^arraigned ns before the tribunal
promote the interest and happiness of those
tribe*! t he at tent ion of the Govei nmont ha*
h'-cii long drawn, with great solicitude to
the object. For the removal of the tribes
O&ifr own countrymen, who wo. Id“If-i the limits of Georgia, the motive
■■■**'’■ . “ /• i n-pii ppcuhariv s!rone, ansivtc: irom
pronounce tbn sentence of condi.mn.i compi | (;t u . itb (bat slilU . » Aft " r sta .
tion: before the tribunal Ol assembled .ting many considerations in favor of this
who would pass a like sen- p!an,siu‘.hasthefnlure p enceanilcontont-
ribunal of posteri- nv nl of th • Indians, tlieir removal from
i i i „ . ,, i ,i,„ ,,,,i all th” causes which tirtuib (heir iiuiel,
tv where would be onetieu me \ oi- . , . , , ' 1
v > „ 1 . . , | harr iss their peaee, oppose I heir religious
time of history, 111 winch would be ! instruction, am! fina'lv prevent tlieir civ-
found written, in letters of fire—This • ilization; lie adds: “Experience liasclear-
republic violated its solemn treat / oh- l.v demonstrated, that, in tlieir present
Ibmlions with the Indian tribes, because • ,s Impossible to incorporate them,
. 5 , - , , »*.ra 10 sticlt inasxos, in any form whatever, into
it hud the pomr, und icu> Wt V ! our system. It has also <IflmonsI rated,
motives of Interest, to do it- Sir, our j with equal certainty, that, without a time-
fulure historian will not *have the I ly anticipation of, and provision against;
nations,
tenee; before the tr
power of the recording angel, ns lie the dangers to which they are exposed,
. „"i #i.... under causes which it will be difficult, if
writes this sentence, and ‘ °1 1S "P on | no t impossible, to control, their degrade
it a tear, to blot- it out.. I', will •'£- {linn and extermination, will lie inevita-
main there ns long os time nndures. blp.” Though as bethought, they might
It is the ulcer of infnmv: no balsam be greatly attached to their native sol
can heal it'. It is the wreck of a ! ( Von * a variety >f motives,,yel, “to prevent
vim ji at . . intrusions on tlieir property, to teach them,
ruined reputation: HO artist call by regular instructions, the arts ofcivilix-
builil it. I might pursue the tram j e ,| an ,j to form them into a regular
of' thought hy n«y f'’ ,R,l «l 1 government, were consideration* of so
from New York" I might assemble powerful a natur#-,, as to induce them, and
liotn new I 1<. , s ! especially tlieir elder*, who had attained
this nation before tn*' * ‘ ^ sufFudonl inl^llippnc« to discorn the nro-
tribunal ever to be ei. ftr f Rf | gress of events, to acquiesce in the olan,
tribunal of the last day. Dii’me in- and bv yielding to momentary sacrifices,
spiration hath written for our ndm> ? c «ur« their families and posterity fr.m
• . JrjMm-. « .i . *. .i •n»vitahle destruction.” “lo the United
mf ion, and. I pray tha.t it may not >e i*«j (he said) the proposed arrangement
10 tho retributions nffVrs m'h 1v important advantages in addi-
liinl jiiflycment, Cursed he lie that pns ,i on t0 ihose ^’"cady enumerated. By the
seesHh himself of the field of the lather- establishment of su.' ! - ,? a government oyer
lass, and o) him that hath no helper, these tribes, with
and llie congregated universe
nounce the sentence jost
—»'v%00 v/v '"~
GEORGIA, GWINNETT COUNTY.
Superior Cowl September Term, 1831.
The Staxje i
vs. i,, > Indictment, Verdict Guil-
Mimionabibs! ) ty.
The tria^ commenoed on Thursday
morning; their pi 039 to the jurisdiction -
were overruled without aigument, bv the
Court, wnen the went to the Jury,
before whom the ^gpstitutionnlitv of the
pro- comft in reality tlieir bem-... , ''* or9 t
* relation ofcanflieling interests wJ ,Cl1 la9
satisfied the doubtful, confirmed ihe wa
vering, ami lent fr-.-ji energy to the devill
ed. Since (li.il pei'fod we have bad noth
ing to contend «ith but the miserable self.
ishness of political aspirants, and tlm sims-
inlluencos they have- put into opera
tion, not somnch io ilefeat the plan as to
promote tho Teachings of ambition They
;are not for the Indians, they want thea-
i;cncy of the strong -Sympathy which their
helpless condition inspires, to destroy the
lair fame of one among the best patriots of
bis. or any ot her age, and who unfortu
nately stands in the wav of their restless
designs. Hence the unfortunate scene we
behold to-day, men, whose avocations
should have led them away from political
strifes, have lent themselves, as willing
instruments, to the projects of heartless
demagogues, and, under the misguided
zcaf of suffering ignominy for “conscience
sake,” and thereby arouse, and increase
I lint same public sympathy, they have
wooed and won the fond object of their
wishes. Wonderful infatuation! It was
greatly to have been hoped, under the sen
sihle and reflecting character of our insti
tutions, the days of fanaticism in this so
ber country, had long since been number
ed.
our uiti/.ens before >h”ir tribunals and in
flicted disgraceful and cruel punishments,
unknown to our own laws. .Such have
been the refractory and high handed meas
ures of the Nation, that Georgia has been
at last compelled, as a measure of self de
fence, to take the rule of a country, (•
which, by the annuals as well as public
documents of the government, she lias the
most undoubted right, but winch might
h ivo remained with the aborigines if they
could have contented themselves with
their ancient usages and customs, and not
have been seduced fiom tlieir allegiance by
the agency I have before described. It is
for the contempt and disobedience of one
ot her necessary laws to put down this in
fluence, that the individuals at the bar
have been tried and convicted.
hertofore existed between them and *>J r
frontier settlements, will c^ase. There
will be no more wars between them and
the Un : ted Slates. And it may be fairly
presumed, that, through the agency of such
a government, the condit ion of all the
tribes inhabiting that vast region to the
Pacific, may be es.,entially improved, their
peace preserved, and our commerce ex
tended.” Here then isthe beginning and
foundation of that wise and humane policy
laid bv the General Government, so wor
thy of the head and heart that. Conceived
it, for the final redemption of the debt of
Though the policy of colonizing the In
dians originated wi'li President JUonroc,
was ably supported by his Secretary,
Mr. Calhoun, was approved hy his sue
cessor, Mr. Adams, aud as vigorously
defended by Ids Secretaries, Messrs. Bar
bour and Porter; yet when Pryshleiii
Jackson signified his approbation of this,
generous work, and really attempted noth
ing mote than Ihe execution of what hr
conceived had*been already begun, and
nut ir. progress 6y his predecessors, then
behold, it was an act of barbarity and out
rage unon the faith of treaties, and a vio
lation ofall law, fiCiVrtan and divine. Anil
prisons, lost to the obligations they owe
’ jaws of their country, have been
found soTinC' yde.V^'od, as to believe' they
had tlie right to oppose u., oxe-tions em
ployed by the government to ein "! thi*
highly usefu' aiul,faypr te purpose. When
all the circumstances attending this trans
action, are duly aid fairly considered, it
presents a subject, to say the least of it, ot
the most astonishing weakness, Let it b
recollected, that the view-tof the govern
ment, had met the decided recommenda
tion ofthroe Presidents, and three Secre
taries of War; had so far acquired (he
At the last term, some of these individ
uals were brought befofc me upon habeas
corpus^ and their discharge was sought
upon the ground, thalthe iuw of Georgia
was unconstitutional. ' Alter the most de
liberate investigation, preceded by long
and able argument, that law was pro
nounced constitutional and in full force,
consequently, such as could not bring
themselves within its saving provisions,
were hound over to take their trial at
this Court There were, however, two
who were considered agents ofthe genrr
government, and on that account, and by
virtue of an exception found in the law
in favor of such, they were discharged.
The obstinacy of their conduct, (for real
ly I can give it no other nami,) and the
determination manifested still to exert
tlieir influence, under the all prevailing
force of religion, to stimulate the Indians
to a continued opposition against the wish
es of the general government, as well as
contempt lor the authority of Georgia,
induced the Governor to request the
President to have them removed from
ilieir agency, so as to oblige them to com
ply with the Georgia law, or leave the
nation. Upon every principle cf reason
and propriety, inCfC! 8 not l*!ng Unjust or
oppressive in this act. If officers of gov
ernment set themselves up in opposition
to the public acts; if they seek either by
open or insiduous means to counteract the
policy ofthe government; thwait its meas
ures; use their office anil influence to
bring the higher authoriliei into contempt;
by every thing that is sacred, they ought
io be removed, and linn as quick as |>ossi-
ble. This was done, and the Governor
till willing to afford an opportunity to
bey the law or leave the nation, notified
• lie parties they should still have time to
m*ke f!*cir election. What was their
answer r own view or duty, (says
one) js, that I ought t<5 remain and qui-
tly pursue my-.labors for tlni spiritual
ivejfare of the Cherokee people, until I
tin forcibly removed, ffI aip correct in
he apprehension, that the State of Geoi>
gia ha* no rightful jurisdiction over *he
t hen what becomes of th e “examples of
Holy Writ? Wherein w e are reouireil
... , - - are required
to “submit ourselves to e very ordinance-
ot man for the Lord’s si tke: ~ ‘
. whether it
be lo the King, assupremi ;'or unto. Gov
ernors, as unto them that . are sent b« him
for tlm punishment of evil -doers, and far
the praise of them that *<lo wcll»r And
why? “For, that with -»rell-doi»g, ye
may put to silence the ig oorance effool
ish men: As free, and not using your lib
erty for a cloak of malicn >usncss, but as
the servants of God”. 1. I *et. II. 13 14—
16.
1 hope that no just govt -rnment, acting
within the pale of its autl* rrity, wiH ever
require any of its citizens t. > proceed upon
“any nrihcijde of action not. rounded upon
tlm Word ol God”; for it rc ay safety trust
,, .... ay safety trust
that “Word”—especially v/ben it enjoins
upon the citizen “io kee p the King’s
[State’sj commandment, »od that in re
gard of (he oath of God. Be not hasty
I o go out of his sight; stana T not in an evil
thing; for he docth whats oevei pteaseth
him: Where the word of a King is. tlmre
is power: And who may say unto him.
What docst thou?” Ecc 1. VIII. 3, 3
4.
One of these individuals mi
Governor, that “if I suffer in consequence
of continuing to preach tl.e Gospel, and
difluse the Word of God, a.mong this peo
ple, 1 trust I shall be susiai ned by a con-
s -ience void of offence”. . Now, in this
speech, there is all manner of unkindness;
and the meekness that directs “to render
unto Caesar the things that lure Caesar’s,
and unto God the things that are God’s’%
would have required a more ingenuous
answer. It is not for preaching the Gos
pel. that the Governor wished him either
to remove or “suffer”. As the Executive
power of the State, solemnly sworn to ex
ecute the laws, he only informed the in
dividual that there was a law which re
quired all whitemen, without distinction,
[far laws to be just must be equal), resid
ing in ihe Nation, to take an oath to sup
port the Constitution of the Slate, or to
leave the territory, and he was, doubtless,
very hopeful that this person’s Scriptural
reading, as well as his love of the Gospel,
would have reminded him that “every
soul must be subject Un j 0 the h«j;hsi pow-
ftrSt For there* is no power bu * ~
power but of God;
.. ..usoever, therefore, resisteth the pow
er, resisteth the onli.'.ar.C! Ood;
they that resist, shall receive to thems£lveB
damnation; Ftfr rulers are not a terror to
good works, but to the evil. Wilt thou,
then, not be afraid of th#* Power? ,f Rom.
XIII. 1, 2, 3. 7'he Governor seems to
have suspected that there were some of
the good citizens of Georgia , who left
themselves “under no moral obligation”
to respect the “enactments” of the State/
by reason of their apprehending that she
had “no Jurisdiction over the Indiap Ter
ritory”; He, therefore, warned them,
that, as the Executioner ofthte law, “he
beareth not the Sword in vain”; and
would, consequently, ‘be compel'ed as “a
revenger, to execute wroth upon him that
doeth evil: Wherefore, (he advised
them), ye must needs be subject, not only
for wrath, but also for cohscience-sake”
There is, in every part ofthe moral anil
plow? corpmuntty^of the| United States/