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(jKOft'Jl A LEG I SLA i ' • -
House of Uepakse-mtatives l, ‘-
cember 1st.
From the h.iOedjjevillc Recorder.
Mr. Glascock, by leave of uie
House, oferdd the following resolu
tion, lo wit: ,i
, Revived, That bis Excellency the
v-ovecuor be, and he is hereby respect-
Jfully requested to lay before this
'ibranch of iho CLm. Assembly, anv in
formation iu- his possession in relation
to our Indian Affairs, which he shad
d e o*}>rop«r «> co ar?hifeqpar,w," t»«a* Hi-
<>r with his own views on ’the subject,
eo^Vr as he »K;y be pleased to express
them, or dt«ia ' th«Am calculated to
Aid us in our deliberations on the
measures nvst expedient or proper,
At the present .time, to promote the
,iaturi»9t and welfare of the State and
the Indians.
Mr. Howard offered os a substitute
for the Sitinc, the following resolu
tion:
Resolved, That ids Excellency the
(Governor be respectfully requested
to communicate to this branch of the
-General Assembly, any information in
Ills possession in relation to the Cher
okee Nation, and which might have
an influ eDof$wpon tlie policy of the
measure of immediate survey and oc
cupancy of the Cheiokee lands, which
.lias not heretofore been communica
ted, together with any views ol the
Executive upon the subject, which
that department may think proper to
make known.
Mr. Afurr&y offered in lieu of tlie
■original and substitute, the follow
ing:
Resolved, That his Excellency the
•Governor tie respectfully requested
to communicate such information to
the General /jftciubly ol this blate,
now in session, us he mav deem o' -
•pedient, rnfnting to the Indian terri
tory now iu the occupancy of the
.Clier^tce Indians.
Oh t\)o question to agree to the
.name, jfllien of the original and sab-
, siituUHfeq Yeas were 41-Navs 84.
So tlm^Ktion was lost, and then Mr.
Howard's substitute was adopted.
cutive Department,. Ga. )
filledgeville Pec \sl 1831. $
lie House of Representatives:
entlemkn,—-Having been call-
in by your resolution of this date
lasting me to lay befoie yout
ulh of the General Assembly, any
rmatiou ill my possession, ‘ “in re
al to the Cherokee nation, and
Ph might have an influence on the
:>y of the measure of the im-
liate survey and occupancy
i« Cherokee lands, wltieh has not
•tfolere been communicated, «o
ier with any y. ews of tljp Exocu-
jtivc, upon the subject, which that
j Department may think proper to
make known;” —In answer thereto,
I submit tlie following, as the result
of long reflection, on the important
subject referred to.
It is believed that a crisis lias ar
rived, in which we cannot permit (he
course of our policy, in relation to the
Cherokee part of Georgia, to remain
in its present perplexed and extraor
dinary condition, without jeopardi
zing the interest and prosperity, if
not the peace and safety of t he State
Circumstances within the recollec
tion of our whole people, imperious
ly demanded the extension of the
laws and jurisdiction or our State, o-
ver our entire population and territo
ry. This step has been taken, and
cannot be retraced. The State can
not consent to be restricted in the ex
ercise of her constitutional rights.—
It is now too late for us to theorize
on tin’s subject; ive are called upon
to act; the public functionaries of
the State stand pledged to their con
stituents, and the'ivor Id, to sustain
the ground which they have taken.—
It is our constitutional right, and mor
al duty, forthwith to interpose, and
save that part of our .Stale from con
fusion, anarchy, and perhaps from
k,\?oclslied.
Jim question of the right of the
Stale iC i ur * s di< 5 tion seemed for a
time to have J >een s '- ,l| ed- Our laws
were in regular, /‘'lmolested opera
tion over our entire teir '/or ; oi r
rights appeared to be ao to.?;]’* 21 ' con
troverted; and the responsibility for
tlie existing evils was devolving on
ourselves.
But now and unexpected difficul
ties are .arising out of tbi UnfegciLty
of our »vvn measures, and the sfilfisn-
ness of some of opr citizens. It iia£
been thought that some of our most
distinguished citizens have thrown
almost insuperable obstacles iu the
way of a speedy termination of our
Indian difficulties. The laws hereto
fore enacted, for the maintenance of
the jurisdiction of the State over that
portion of our territory, and for the
government of all persons residing
therein, it must now be admitted, have
failed to accomplish all that was de
sired and expected, by the friends of
these measures. The defects of our
laws have been evinced by their
practical operation. It is believed,
that any attempt to establish a salu
tary, civil government, over a coun
try containing ne.rly live millions of
acres of land, while destitute of tlie
materials lo administer the law, must,
from the nature,of things, prove in a
grfcat measure abortive. A few
thousand half civilized men, both in
disposed, and inaomjieteni to the faith
ful discharge of the dutios of citizen
ship, and scattered over a territory
so extensive, can never enjoy the in
estimable blessings of civil govern
ment.
Our government over that territo
ry, in its present condition, in order
to bo efficient, must partake largely
of a military character, and conse
quently must be more or lass arbitra
ry and oppressive iu its operations.—
If the present system bo continued,
it is important, that ample poivers
should be afforded to the Executive,
to regulate the conduct, and controul
the operations, of the agents employ
ed to adtnin'ster the government, in
that part of the Stale: but it is
doubtful,even with tins pow ? er, wheth
er any vigilance and energy on the
part of the Executive, can wholly
prevent injustice and oppression being
committed on the Indians, and at the
same time maintain live laws invio
late.
If Georgia were at this day to re
linquish all right,’title, and claim, to
the Chorokeb country, what would
lie ij,s situation! Tho impoteney o‘
tho Cheroknes to maintain a reguhi
government, even for n few' months
perhaps for rt few weeks, would ol
l»y the rights of discovery and coll- | al Indians, to hold in fee simple P j’ *
quest, as against the aboriginal inliab- there by the slat or colonial co’cmi-
once be demonstrated. The coun- j taken by the'natives of Europe, and 1 has been admitted to depend on
try would speedily be over-run, chief-j that it was divided out, and held by | Indian deed or relinquishments
ly by the most abandoned portions of them, originally, by the right of dis-; c-ept in those cases where m-anl-T
society from all quarters. The gold covery, as between themselves, and j had befh previously made to iruliii,!.,
mines would hold out an irresisti- 1 ! ’ ■ - - 3 uuiviuu-
ble temptation to all such characters.
The existence alone of the rich gold
mines, utterly forbids the idea of a
slate of acquiescence on this all-en
grossing subject.
Our true situation and motives on
this question are still misunderstood,
and often misrepresented by (hoso at
a distance. In order to appreciate
'our'qiolicy^our true situation must be
understood.
Hants.
The
English colonics and planta
tions were settled and governed, un- pics before
nieuts.
D iih all of these facts and
state o ( our
«'iy citizen of
exam-’
, . , - . us i token in connection
ucr various charters, commissions hwlh ..the extraordinary
and instructions, issued by the crown j Indian affairs, w ill
to individuals or companies; and not-j Georgia hesitate, upon the~ question
withstanding that the paramount aove- of advancing or receding? To sin-I
rcigmy was reserved in all (lie char-1 still, w ill in effect bo, To recede—to
ters, to the mother-country: yet in i recede, is to abandon our rights aid
lIlA Wlinnt ..f ll.« .I...I..I .. ..I .. ‘ I.. _ 1. • . . ‘3 1 -u l.ll
I will not attempt! the grant pf the absolute property
lo enumerate the wrongs, embVrrass-
menf*, and perplexities, which this
State has encountered, by what I am
constrained to doctn$ the impertinent
intermeddling of‘ busy bodies.” Of
ficious persons of various descriptions
have unfortunately succeeded, in in
ducing our Indian people lo believe;
that we are llifitr enemies, and op
pressors, and in alienating their af
fections from us. These various in-
tcrmedlmgs hastened tlie crisis,
which compelled tlie State to (he
course, which she has taken: and tho
day must speedily arrive, when all
the heart-burnings on this subject
must be put to final rest. Tho com
bined, and combining influences now
in operation, against the character,
interest, peace, and prosperity of the
►State; cannot be much deplored in
silent inaction: nor ought we to place
any reliance on inefficient measures.
Unfounded calumny and prejudice,
kept at a disfnnce, may be endured:
but domestic and household enemies
praduce unceasing disquietude and
danger.
The unfortunate remnant of Cher
okee Indians remaining in Georgia,
ought now to consider themselves the
admiu&l f-harge of our peculiar care:
and if possihiO, W6 ought, ns their
friends and benefactors, to preserve
and cherish them. They ought not
forcibly to be dispossessed of their
homes, or driven from the land of
their fathers: they ought to be guard
ed and protected in the pe»c able en
joyment of a sufficient portion of land,
to sustain them with their families,
in (heir present abodes, so long as
they may choose lo remain; and their
rights and properly should lie as well
secured from all lawless depredation,
as those of the white man—It would
be as cruel, as unjust, to compel the
Aborigines to abandon tlie graves of
then- fathers: but. in the present ex
traordinary state of things, it would
be visionary to suppose, that the In
dian claim can bo allowed, to this
extensive liact of country,—to lands
on which they hay6 neither dwelt, nor
made improvements.
Principles of natural law, and ab
stract justice have often been appeal
ed to, lo show, that the Indian Tribes
within tho territorial limits of the
states, ought to be regarded as lib;
absolute owners and proprietors ot
tho soil they occupy.
All civilized nations have acknowl
edged the validity of the principles
appealed to; with such modifications,
anil interpretations of (liesc princi
ples, ns the truth of history verified,
especially in the settlement of this
country. The foundations of tho
states which from this Confederacy
were laid by civilized, and Christian
nations; who considered themselves
instructed in the nature of their du
ties, by the precepti and examples
contained in the sacred Volume,
which they acknowledged as the basis
of their icligious creed, and obliga
tions. To go forth, subdue, and re
rdcnisb tho earth, were considered
divine commands. Whether they
were right or wrong, in their con
struction of the snored text; whether
or nqt, their conduct can ITe rceon-
:ilcd with their professed objects, it
’nnnot be denied, tlmt possession, nc-
►ufll or constructive, of the entire
habitable part pf Ibis continent, was
the soil, (Imre was no reservation
of any part of it lo the natives; who
were left to he disposed of, ns the
proprietors might think fit and prop
er.
Humanity, and the religious feel
ing of early ndventurers in America,
connected wjt'h the consideration o!
the power and immense numbers of
the native races, and their savage
mode of warfare, la'il the foundation
of the policy adrpted in this country,
towards the Indians. The practical
comment, to be found in the acts of
all the governments of North Ameri
ca, evinces very little regard for the
elementary doctrines of theoretical
writers on (his subject. One of tlm
expedients resorted to, by (lie early
settlers in this country as a funda-
tacitly admit our ineompeteney to
sustain our constitutional government
within our oun limits. ~ Our laws
umv in operation, for (be maintenance
ol our authority, and tho preservation
o'order, over our Cherokee lands,
j must necessarily be temporary: the
j expense alone of the present system
i is n burthen which eaucot be nermit-
•Uii to continue long. The present
slate ol things in (he Cherokee coun
try, it is believed, is strength
the adversaries of Georgia, at
and abroad. In order to
eiung'
home
secure and
protect the Indians, in their abodes,’
and their property of every kind, un
der our laws, their imlhidu&l or.cf
separate possess ions ought to be de-
lincd by actual survey; in accom
plishing which it will bo least expen
sive, and most compatible with the
menial principle of policy towards j views of (he state (;.s provided by
the Indians wire, to appear lo do noth- j the act of the Legislature at its last
ing which concerned them, either in session,) to survey the entire coun-’
“>’•
Until no have a
cd upon the unoccupied portion of
fins Tcnitoiy, possessed if all (fie
ordinary inducements of other com-
munilius, to suslnin our laws lintl
goi-rniment; our jwesent Jihvs jmovi-
ding for the government of this part of
the state, should not oulv be continu
ed; but ample power should be af
forded, to cnfoice obedience to their
requirements.^ To eilcct this object,
the Executive should be vested with
full power, promptly to control tho
agents who ha\c been, or may be se-
ieelcil, to maintain the amhoiify of
the inws, m that portion of the state.
I never can consent Pb he consider*
cd amongst the number of (hose, w ho
disregard the interests, or clffims, of
the C hero bee Indians. Georgia would
still fmbear, ifnny lupo still mnaifi-
ed, that her embarrassments could
be terminated by negociation, or in
vestigation of any kind: but the pres
ent posture of uffiiirs furnishes ro sat
isfactory assurance of a successful is
sue io these injurious emhafrassirwn(s
and difficulties, and tlm State would
bo responsible lor the evils that might
ensue. I would recommend no course,
which might lend, in the slightest de
gree, to weaken the just claims of
(l)C Cherokee Indians, to full indem-
appropriating their lands, or m con
trolling their conduct, without their
consent. Blit instances have occurr
ed, and will again occur, in which the
interests of civilized communities,
have demanded, and will again de
mand n departure from this' scorning
liberal policy. It is believed that
many of the acts of live colonial, as
well as of the stale governments, w ill
maintain the great fundamental prin
ciple. that within (he territorial lim
its of tlie Colonies or States, the an
cient possession of the Indians con
ferred on them no rights, cilhci of
soil or sovereignty.
The rigour of the rule for their ex
clusion from the rights lias been mitig
ated iu prac'.ise, in conformity w ith
the docli iy.es of those writers on nat
ural law, who, while they adnet the
superior right of the agriculturist o-
vej- tlie claims of savage tribes in the
appropriation of wild lands, y*t, upon
the principle that tlie earth was in
tended to ben provision for all man
kind, assigned to those tribes such
portions as, when subdu-wl by tic
arts of the husbandman, may bo suf
ficient for their comfortable subsis
tence. Tlie General Court of Mas
sachusetts, in 1633,•declared, ‘‘That
the Indians had the best right to such
lands as they Lad actually subdued
and Improved.” The government oj^d 1 ' 1 } - 8»d remuneration from the gov-
iln#fc olouy aU.thc same time assert
ed fts right to all the residue of the
lands within its chartered limits, anil
actually parcelled them out by grant,
among the white inhabitants; leaving
lo these the discretionary duty of
conciliating the Indians, by purchas
ing their title. The General Assem
bly of Virginia asserted the unre
stricted right of a conqueror; and at
the -same tune conceded what (lie
principles of natural law were sup
posed to require, when* in lGa8, it en
acted, “that for the future no Iqml
should be patented, until fifty acres
had first been set apart to each war
rior, or head of n family belonging
to any tribe of Indians in tho neigh
borhood.” No respectable jurist has
ever gravely contended, that tho right
of the Indians to li*ld lauds, could be
supported in the courts, ol the coun
try, upon any oilier ground than, the
grant or permission of the Indians of
the sovereignty, or Stntc in which
eminent- of tlie United States, for all
guarantees made by that government
to tlie Indians, to lands within tho
limits of Georgia.
As a member of the Federal Union,
w e should duly consider tho obliga
tions of tho United States to the
Cherokee Indians. Whether n trea
ty or compact he made with one •f
the stales of the Union, or with a de-
dependeut and subject community;
the faith of the nation should not be
disregarded. While the antecedent
engagements of the United States to
Georgia, are entitled to precedence
in their observance; yet, as far as
possible, tho Cherokees should he
compensated lor any failure on ilia
part of Inc U. S. literally to comply
with their stipulations to that people.
That being done, there remains no
just cause of complaint. The first
duly of every government is, to pro
tect the rights, and promote the pros
perity of its own meinhors. Yet,
such lands ace situate. It is believed, the rights .rvd interests of others, of
that no title to lauds, that has ever j whatever character ot condition, aro
/ of the cnm ls j jj
of tho States, or of the
been investigated, in anv of the courts i>|ot to bo wantonly restricted, nor in
lie United Stales,.any case wholly disregarded. But