Newspaper Page Text
From the New York Aitverwr. r
The Secretary of War,'.in the
course '<of his remarks upon the sub-
ject of the Indians, among much oth
«.r matter relating to thnfce people,
<m«l the policy which he thinks the
national government ought to pursue
towards them, when speaking of their
removal beyond the Mississippi, .re
commends tiic adoption of the lollpw-
irg measure. f *•
.‘A solemn declaration, similar to
tltat already inserted in some of the
treaties, that the conntry assigned
to the Indians shall be theirs as long
as they or their descendants may otv
cupy it, and a corresponding deter
mination that our settlements slisll
not spread over it; and every effort
should be used to satisfy the Indiana
of our sincerity and of their security
Without this indispensable prelimina
ry, und without full confidence on
their part in our intentions, and in bur
abilities to give these effect, then
change of position would bring no
ctiaugu of circumstances.
Now the Indians might possibly be
induced to listen to this proposition,
if they were not aware that General
Jackson and nanny otfier individuals
who follow in his train, openly and
avowedly declare that the treaties
made between our government atui
the ludiah tribes, aro not binding on
the government, and that they art-
treated by* the present chief magts
trate of the Union as mere nullities.
Jn such a slate of thiuas, what conti-
' donee can the Indians place in such
a declaration- They must consider
it nothing less than iUS?V: aj V; catcu-
h.ira only M theui itHo tho
plan of removing from their prefkiv
homos, that the states adjoining iliom
may.seize their possess'mns ned prop
erty, leaving them exposed to .moth
cr system of nnjustiee and oppression
from white men, whenever then
lan Is beyond the Mississippi slioll
tempi the , cupidity of some new stale
of Georgia jn thd western world —
What possible protection c«n they
expect from s’i<*h treataiem, beyoad
tha« which they justly cpnsiderci
tbr-mselves as having a right to claim
from the government at the prosed
'time? If the treaties that jiiV© been'
made with them are uneoiistiturionai
and;, void, ‘‘I 10 treaty which shall bt
made, for thejiUiPQSo cf Introducing
into it such & •’■solemn declaration’
a? vi>..it mcptibncd hy'lhc Secretary o'
"VVoi 1 trill'be eqtr’Hy so.
Among the difficulties which, in
the.opinion of the Secretary of Mur,
•lie in the way of the Indians, in at-
'temptif/g to establish their preten
sions, is that of ‘“the opinion of the Ex
ecutive” “The opinion of the Exec
utive,”, as manifested Oit this subjocrl,
‘u certainly tin embarrassing circam •
•st anew to them Tile present ExeC
'Utive, unquestionably the least on-
Itgh'ened and intelligent of all the
•persons who have held the office of
President*, find far. the most soif-will-
-ed and obstinate, is the • first chief
magistrate who has discovered that
treaties with Indians aro not obliga
tory upon the nation, and that he is
not bound -by.his'oath ol office to see
them executed,. In other words, he
is the first President of the United
States, who ever claimed the right of
exercising a d is pens'ng power over
the laws which lie has solemnly sworn
to execute. Hence,, as long as he
holds the reigns or the governm© - ;,!, I
and adopts such si latiludinarlyfn con
struction of his prerogative *J fle |„.
dians may be embarca'sed, It j s to
be presumed, tiowPJVen toal bis reign
must eVeiilual' y q^me to an end—if
not after %ur years, at most at the
close eight; for his age, if not his
disposition, will have a tendency to,
’produce that re&ull. It is hardly Vt»
be. expected (hat another juet such
character will occupy tlic station he
now holds; and therefore, under a
successor, the Indians may stand a
better ehsjtice for justice,
... The secretary of War, is said to
V ?I good classical; writer, but we
o<ifjuot admire or approve the loose
ness of his opinions respecting con
stitutional anthority, or' the reason
ing by which his sentiments arc jup-
-ported. The following ift an extract
from hit report. ’>•■•'
“The-fight tor. ex tend their laws
6Vef all persons, living within their
boundaries* has been claimed and
esSrcisyd by many *©f the states.—
The KxeCetiVe mf 1 he Unitad States
lids; no full eonllderatiort, decided
there is no power in that department
mtcrjyosd ahy obstacle to the as-
' sumption of this authority. At upon
1 this co-ordinate branch of (he "ovefii-
inent devolves the, execution of the
laws, and particularly many of the
most important, Jlrovisions in the v4 ’
rious acts regulatingjiitercourse with
the Indians, it is dlfllcult to conceive
how these, provisions can be enf6r,i#l\
after Ihe President has datermimd
they liave been abrogated by a state
of things incon*isl«at with their ob
ligation^. How pcrkecutioM eaa he
conducted, trespassers removed by
military power and other act* per
formed, which require th* co-bp6ra-
tiou of the Executive, either io their
initiation, or progress, >
Wc have already alluded to G’en.
Jackson’s assuming the power of dis
pensing with the farce and obligation*
of the laws oT the nation. This pas
sage furnishes a practical example
of his notions on this subject. Th»
constitution of the United States de
clares, that • all treaties made under the
United Stales shall be the supreme law
>f the land', and the judges in evay
State shall be bound thereby.” it can
not he pretended that treaties with
the Indian tribes are not mad© under
the authority of the United Slates:
they arc regularly negociated bv com
missioners appointed for that purpose,
and the treaties, when completed',
a uniformly submitted by the Ex-
euu ive to the Senate, and by them
.pproved and ratified, and by him
signed. These various lotmalitcs
being all attended to, it would seem
t© follow, us a necessary consequence,
that they must become (ho supreme
law of the land, which the judges are
urid to obey The President, be-
•lore he cnteis upon the duties of Ins t
tflico, l«tn«s a s?)i>irju oath tW he
will prescry©, prole'ct, and defend,
(he Constitution ©I tne United States.
Wo have already shown vvliat the
Constitution is, as it regards the pow
er of making treaties. It furilior
ifrovidfts that ‘"he shall take care that
the laws be faithfully executed.” In
his official'oat') be says, liiat he “will
faithfully execute the office of Pres
ident of the Uuitcd States.” That,
■ffice requires him fnithiulJy It) exe
cute laws of lll3 HtjdkH), The
’Jttosnon thfn occurs from what source
does lie denve< his dispensing prueri
fhe Secretory n't’ War says,- that the
Executive bus .upon full consideration,
decided that there is no power in
lhal department to interpose any ob
stacle to the assumption of the «u-
(horiiv by individual States, to ex
tend tbeir law* over the Indians with
in their boundaries. But from whence
do. s he derive the power, with or
without “full consideration,"’ to de
cide a point of this Sjir*. ? The Con
st it utim; mak'-s it his duty to execute,
not to set aside, the laws. If ho be
lieves nn act of Congress to he un
constitutional,. he has the right to re
turn it to The house Jor reconsidera
tion', but if both Ilduses, by the re
quisite majorities,.decide against him
oil that point, the act becomes a la'.y 1
notwithstanding his doubts or ^c* 1
pies; and being a law, be ( -ount |
by IPs oath, aiid by tlie r^clsicii of
the constitution, to see. jt^ executed•
and if he refuses. b' s ]j ab j e to im .’
jacted, Without dun* consideration.
Fhis desirable icsult was attained
during IhqUsrcm Iasi slays td the tit-
iing, by• sivprniso-wortliy effort, on
Vhe pwft »f iho offico/s and members
ef both HqusBs, combining industry.
with wtiergy,.before which ubstncle/
apparently insuperable, in. legislation,
as in other matters, arc i over-
dome.
On treview, however, of its whole
procenUingsv >vo are at a loss to de-
termiau, whe lier or not it were bc,-
ler'tbst this pnssion of the Legisla
ture had aeVtr bcan held—while the
’ha. • it may hove done by. the passage
of a sing'lo'Unt, may not more than
conntwrbalanfte. its beneficial acts.
We allude to the act lor the survey
atid occupancy ©f the. Cherokee coun
try. We object,most strenuously to
tnis act, because wa consider *t as un
just, if not impolitic, As calculated
to embarrass the Prcsidept of the U,
Stntes, who has dojie all lliot lie
coaid .(»•,' consistently With prudence,
to sustain us ih our rigfi'.s, mid to ob-
ta n, as early ’as practicable, a ces
sion of the Ci|crpkee Ispds . We ob
ject fo jt as iiijyrious to..the character
of pur $t«te,-Wapd as dangerous to
the harmony ,pf Vi thc Vni ; on. Bui let
us take counsel from fhpse who have
less interest, if not less feeling, than
we have in tjfijq,matter.. Hear what
the lUchrnond Enquirer, the most
tnlenfod, upright and purely republic
an paper in ih© Uuioli, thinks pn this
subject ! Hear this respectable pub
lic Journal, which has been with us in
- II I..J! ' ‘ iVf x ...
subject for (b© action ©f Congress*-jra/infi” i
for its sptedy and effectual action. It
is surely better tbaf^ongress should
compel (he Indians to remove, lre|iing
them at the same time with .lenity
and liberality, than that a fearful con
flict should be pennjited to ensue be
tween this State wild the General
Goveriupent--and of this, we appre-
hond.serious danger. ’
> The | , s»pfe of other Stales—those
a*, a distnnee from tho scene of ac
tion; will be curious to know what in
lluenced the Legislature of Georgia
to abolish Penitentiary imprisonment,
sinco that mode of punishing crimes
has been long tried in nearly all the
Slates of this Union, and in various
parts of.Europe, with a success that
h»B ensured to il a very gunsial pop
ularity. The enquiry as to the mum
cfltisc that operated in producing this
result in our Legislative Councils, is
more easily made than answered.—
Legislation, in this case, os in some
others, is not conclusive evidence of
that high degree of intelligence which
law-makers-are supposed to possess in
an eminent degiee. It may be ask
ed, with no better prospset of a sat
isfactory answer, what influence in
duced the Legislature to appoint Dr.
dones of Clark, a gentleman not em
inently qualified for the task, to pro
cure from the British Court, copies
of the colloniul records n< Georgia,
connected with the history of the
State, when the 6attio service could
have beeu performed much belter Si
at a less expense, by the American
all our In jiao .difficulties, and will Minister at the Court of Britain, or by
continue to be witjvys, while we. ore j the Cniisul of the United Status at
worthy of ils alije .support!- The En- i Lo/don or Livoipool^-but tlien, Gov-
quirpr ff the l.t»|h instant, while g-iv- j ernor L mpkin’s relative would uyv
tiig a vjefV (if pdlliical occurrences : have been piovided for at .the public
iti several of the Slates, says under j expense. It. may be further uskod,
the head pf Georgia: j what influence could have prompted
“The -Cherokee land hill, provi- j a Troup Legislature to .■•me u co<.i
ding for the survey nod occupancy of j ty scitc nflct John A. Cuibt-eri, rviu-.
I hi Country, lias passed the House of; the aioreSaid John A. had charged
Rcpregentatlvek), and wil| probably i • hern, uuju .tly and injuriously, null
pass the Senate. .Whether the G v- j jdotung to practice a fraud, irml with*
eruoif (says the JvjiilledgeviJIe Recor- j atttltopfiiJg to impose on the people of
her) will give Jut assent’ to it, is con-. the State n Governor who was not
,‘ J thcii choice; and u.ter ho Usd beeif
the “Recorder” j convicted of profligate $>Ory leiliig?
i» of fearful re- * And last, though SQjieabt,-^\vhnt ms-
lOTine'tnenrazuusn!ST*vouUliftwetW*. ol'b-tlt par-
...
mockery. Is it ori© of the attrihutus
ol Justice 6r of ^•Joih' to^dt ’poissa-
sion ol lands or ihone)^ jpkif'fks out ne* •
fas?-r-by meatis fair pi* fata? Tk«.
avaricious unprincipleilTathcr is sta
ted judged, to have given liis son thiis
advice—‘‘ Get money, my soii—honesU
ly if you can—but, at any rate, get hum-
e y■” opposftion to thip, however. ’
•S a saying >»**)ld as the stars and as’
true as' it is oldf-a saying woylliy of
of ail commendation—wbicli teaches
us. that honesty is the lest policy j* fs jtf 1 ’
it honest then to seize oh, and take-hv
force, n piece of pioperty thUY pleas
es our fancy, but doeg not eX&ctly
belong to us? it js'ti-ue, that we'bfive'' si
a kind of levorslontify claim td these
Indian lands—our tight and title is* k
clear and indisputable whenever flits’
Government of the United States, ’
can purchase, as she is bound to do,
for out use, from its pr&eni occu
pants, tho Aborigines of this courttry;
who are supposed still to haVe some •
who vie with each other
(ter) will give tun
sidqred doubt ftyV.,
“WV agree with
vliat it
spoftsibility v CoitSidcring tneinnguiigr i
which' hns just bOen-used on the In-'dies, «■«« »•« »»
dian Question by the President and ) expfeysiop bt AU<MT v ® r ’* r a , ' >on al)( i
Secretary of War—the exertions i * ucJTipeni for G'' f|era j j* a ‘ f .k son j 0
vvhich have been honestly ma.d*j p a8 » ^ act for the sul-
those which are now jnakiog. ^ j n _ , v&y and occupancy of the Cherokee
dneo t io^ emigration ol^tii^.Oherokees I country—a measure not in accor-
—tlie act is a prectpi an j , u , a ; with the strict rule of right—
cious measure hV.y^rds tlte fiovern- j of doubtful, if not of dangerous, policy;
.mqnt ol h,i;,red. Stattbs-lUevern- i nl, d which must greatly emburrnss
m Litmp.Jq is i a f avoc 0( -> | mfUe ji. President Jackson, if it docs not in-
ate lut rfiy, but not nf occupaacv ! j«re his pspulnrity, and hazard the
Cl! ftlA T inrlft • kub *... r. . « . . . " .I.......A A f l,!r oL.iii
chance of his election.
If any ask, why Gov. Lumpkin did
not interpose Lis veto to prevent the
passage of measures so inconsistent,
so much opposed to the public weal,
and so derogatory ~to' the character
peaeliment, and Ye^^yg] (You, office.
The Preside**., f^s uo constitutional
power to ‘.uclj Ar e a (aw of the nation,
ivlietho' it^ oe i n t bc form of a treaty ,
°r Wi th'^t of a statute, un-.-onstitution-
‘al ar^t void. This is the proper pro-
Vince of the Supreme Couil, and ev
ery act of Congress which is clothed
with the usual formalities of legisla
tion, is as obligatory upon him, as
upon any other individual in the
community.
It is a high-handed assumption of
power in the Chief executive Magis
trate of the United States, to dis
pense with the laws. No English
Monarch since James H. has .dared
to exercise such a power; and lie
was as much indebted to his rashness
and folly in regard to it, as to any
other single cause, for the loss of .his
throne.
From the Milledgevilte Recorder.
THURSDAY, Dec. 19, 1831.
The late session of the General
Assembly was closed at ten o’clock
on Saturday night last, in more har
mony than was anticipated, consider
ing (be warmth of political feeling
which had marked every stage of tti
progress. Contrary to expcctaUae
too, the public business was verf
generally disposed of, hnd but. few, if
any, .of the numerous hills before tht
the Legislature iV. the last vvteek rf
the session, Wore neglected, or re*
r . * / ' t , N uuluwuhwY
o. the Lands; vv<* fear that he has
not the energy Arrest the torrent.
, ° nc is^MYa^jjgj more sincerely to
w u S ,l ' ; $ poorgia, than we are.
oeep with herfip all her trib-
ulat'jr^ vvith the General Govern- f „
— bu j upon this poi.ut, we shouJu i The btule—-a candid, though not a
'profoundly regijgt the erroy into which | ver J satisfactory answer, might dis-
she.would fall,,(j YVe beg her earnest* j close the lamentable fact, that our
ly to pause; Jot,,tiie sake,of hei own Governor is not one ol those Patriots
character, .th© rpepect she owes to who, liko the Roman Dccii and Fabii,
the, feelings of the whole counlry.
The Enquiry js right,we think, in
its opinion that povernor Lumpkin is
deficient in energy; hut it is under a
mistake in supppsing that there is a
torrent of public - ; opinion .in. favoT of a
survey and occupancy of the Chero-
k’ee lands' until,jspnie Treaty or.,bar
gain has been made with the Indians.
Tho more prudent and respectable
will devote himself tor the good ui
the Republic.' He belongs raiHei* to
that order of Modern Patriots,'whose
love of country consists in selfwu*’-
grandizemuit-who prop tip an c,pne?n
eral, worthless poo‘;’,^, u y hytdoing
whatever the wViina of the people, for
the time hcui», rather than their
sound, joner judgpient, may dictate;
.Who tinder the practice of the plau-
portion of our citizens, .with btitJew ! sible, but uusomul doctrine, that the
exceptions, aredecidcdly opposed to a-! will of the people must, in every in-
forcible survey and .occupancy. A j stance, bo obeyed, shuns that share
survey alone, iL not followed up by I ol responsibility which our Constitii
immediate occupancy is worse than
nugatory. . A great expense must be
incurred, without any benefit what
ever. The lines marked .by the Sur
veyors will bejobliterated by the In
dians, as ive Understand, from very
high autltority',ltuat'tlie'.district lines
have already been, in many places,
and for considerable distances. It is
certainly intended that occupancy
shall speedily (Hollow the ‘survey.. In
this state - ofY-biogs Would it uot be
proper for tlie present Congress to
arrest the evil by saying to the-Cher-
okees, you must and shall sell to the
United States, for the use of Georgia'.
We will give you not merely a fair
price, but a liboral one—*we will re
move ail. who choose to emigrate at
the public .eapenso-sucli of yqu as
prefer to remain may tqke moderate
• ©serves, with the . privilege of selling
to the whites, and tho Government
will pay . into the'Troasury of Guorgk-
fair value of all such reserves
This i», hi our opinion, a most proper
tion has wisely imposed on the Chief
Magistrate of the State—of fearless
ly putting his veto on every bill and
public act which has not Justice for
its support, and Wisdom for its war
rant. The ‘.‘^3r»is” of Georgia, as
exhibited on tfie Great Seal of the
Slate, which is fixcd'to all grants of
hand have these memorable words,
‘'Justice'' “ Wisdom,'' “moderation
encircling three pillars that support
a fabric, emblematic, as we suppose,
of this Republic. When the-public
authorities shall survey and. occu
py, by Torce, the Cherokee country
within our chartered limits, an honest,
conscientious citizen, who has drawn
land in this Lottery, on getting his
Grant from the State, will find his
attention irresistibly attracted by
these high sounding words, “Justice, n
“fVisdom,'' u J\foderatian,” on the
seal of his title paper; and may per
chance commune with himsdf some
what In this way: Does this emblem
of ihe State's “Justice Wisdom Modi-
rights in tjie soil of their native land,’,
derived from the laws of Nature andi
•f Nations-—from being* Hie first arid!
only possessors.’
right.”—THW is irc^ffiixltg 3 orthf r
ambitious unprincipled politician, butt'
not of an bonfest, pious than. : And
were we may suppose our cocscien-
(ious Fortunate Drawer in Ihd Cher
okee Laud-Lottery to turo his ut-
tention to the siguatures to-bis grants
Most conspicuous oumug these xtouds
His Excellency the Governor, Wiisoi'
Lumpkin, without whose QBoio uo
rant for land can-issue. The Corn-
munor may be supposed to qootjhuQ
his srlf-oxaniination somewW ll) lliis
way:—If this thing were wrong, as
ii sterns to tne to be, our excuileot ’
pi©us Governor would eol surely- fciv«tc
it his asseut and approbaGou; oow 1
could he do so, consistently with his
oath of office* his obligations to ilie^
Most Hi-h, to the Givat* of ail good?? - -
Besides, brother Polhill, of oui*
Church, is ol the same taiud wiKls tho.
G everaoi - »as is his^artner Mr. Cu\Ti->
bert, wheels* Itassos
though ke is" sdnVai\-uuim:
***##. | r ©r!ly Wr&: .<« *0
to rceoiieil© * v " ‘ ' -•>* Ittiew lurtr -
sci©'* .. •««* matter to my ced*
without giving offodcc to God
or man. Interest prompts fee to-take .
and use what the lew has- given me
—but thou I have strange adieus of
1'iingt. and cannot altogether div*.af
myself of the opinion ivfiic.b t buv#
iiiron d/'v muintaiced, tlusl
never thrives''—no imvoi! T-Jus priu*
eipie Wolds good when applied to Kar*
lions or to individuals. I will b&yo , #
nothing lo do with this iar d, olnuitWid, ,
ns if Uas been, by violence, if hot Uy
fraud. Tho Spaniards were onru
most chivalrous, warlike, entcrv^jjW *
jicople in all Europe. Tfiry ^ 'ft ; ;
the first discoverers of qv' i;ontiii©ut
am' instead of* treating tjle Aborginefi
of Indians ii itlr degree of jus* ‘
tice and hutn&r.i'y, as most other Eu
ropeans dWj liiry took . a«’ay their
lands by - force,' jtitbVAff paying any
thin* ,oY them, and liunfcd the poor
*<Vovcs with blood-honrids. What
Was the consequence? ShajI YiQ ’
Georgians imitate (!’& example of
tb*s<5 cruel Spaniards? God forbidj :
As a punisltment for their sins, th«j
are become a proud,Ijlazy* miserable ■
race;gilroir ancient glory as a Nation ’-'
is remembered only to make the con
trast with the present degen©rat - ©
race the more striking—Some .is-. *
eribe this change to the discovery of
tho mines of Mexico and Pern.* If
this be so, let us beware of the Cher
okee Gold Mines. But I attribute f
the degradation of old Spain and hen .
once valiant sons lo q far different •
cause—I .view it as a mauifeststiou ,
of the ihe .Divine wrath*—as a p,unp •
ishment from Heaven .for. the injue*
tico and cruelly practised on thfe
ludians by the Spaniards, who werp^ *
prompted by their- cupidity to dq,. ;
what conscience must condemn, and
History has recorded to th«?ir iofan
my. Lot us profit by a knowtedg©
of their fate. Let us i>e content la
wait, a few years longer for the.*© ’
Cherokee lands. We shall t|ien ge| ~
them, by purchase, made by the Gov t
uiuui, uy puixunsc, ilK’aC oy tne Uov*
eminent for our use,' hopesMy, Jbdiiorn t
ably ? fairly. This thing must'fcanpcn**
and it will certainly be brought to
pass m good »ime. Prt sldeni’JAcksod*
is using every possible means 16 ' obC 1
taip possession of the (’herpked lands '
fDr.tis, for which 'we ought to feet '
grateful. The Cherokee'S of fulU 1
blood are enlisting and fe&pvjiig to
the Westward.—in a few short'VOiirW
(pqrhttps.in tvy6 or three) nearly *fl
but the half-brdeds will have dejidfiv