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~ SPEECH OF Mn. HAYNES,
OF GEORGIA.
In the House of Representatives.
June 21 182.6, I
The Resolution calling on the Prcsidcntof
the United States Jor injurmation relt- !
live to the Treaty lately concluded u i'.h \
the Chtrokee Indians, being under cor
sideration—
( concluded.)
Io delivering the opinion of the Comt, ?
Chief Justice Marshall observes: “Tie!
Court has bestowed its best attention on t Ims'
question, and, after mature deliberation, the
majority is ot opinion that an Indian tribe;
or nation within the United States, is not a
foreign State in the sense of the constitution, [
and cannot maintain an action in the court! j
of the United St ites.” • • “ A serious
additional objection exists to thejurisdiction !
of the Court. Is the matter of the bid the 1
proper subject tor inquiiy and decision ?
It seeks to restrain a State from the forcible
exercise of legislative power over a neigh-!
boring people asserting their independence; '
their right to which the State denies. On 1
the several matters alleged in the bill, (for I
example, on the laws making it criminal to i
exercise the usual powers of self-govetn- :
merit in their own country by the Cherokee i
nation,) this Court cannot interpose, at least i
in the tor.n in which these matters are pre- <
seated.” In reference to the jurisdiction oi i
Georgia over the possession of laud by the! 1
Cherokees, Chief Justice Marshall says :
“The mere question of r/g/W might, per
haps, be decided by this Court in a proper
case with proper parties ; but the Court is
asked to do more than to decide on the title.
The bill requires us to control the legislation
of Georgia, and to restrain the exercise of
its physical force. The propriety of such!
an interposition by the Court may be well ■
questioned. It savors too much of the ex
ercise of political power to be within the
proper province ofthejudicial department.”
In the closing paragraph ofthe opinion of
the Court it is observed: “If it be true
that the Cherokee nation have rights, this
js not the tribunal in which these rights are
to be asserted. If it be true that wrongs
have been inflicted, and that still greater
are to be apprehended, this is not the tri
bunal which can redress the past or prevent
the future.”
The motion for an injunction is deni
ed.”
in addition to the portions of the decis
ion just quoted, in which the Court most
emphatically disclaims jurisdiction overany
and all the matters brought before it by the
bill, it should be remembered that it deci
ded, also, that Indian tribes are not foaeigu
nations within the meaning of the constitu
tion ; and, as a consequence, I assert, with
out thej'ear of successful denial, that no trea
ties, in the constitutional sense of that term,!
could ever have been made by them. Further,
the Court declares, “ The Indian territory
jis admitted to compose a part of the United
States.” Here, let me ask, by what means
the United States ever acquired territory as
an independent community or Government ?
Originally there was no territory ofthe U
nited States, in this sense of the term ; nor!
is there now any such territory, but whati
has been acquired by the voluntary relin- I
qiijsliment of the States, or purchase from I
mreign nation-. Therefore, the claim on
the part of the United States, to cxcbi ive
authority over them and Hie territory of the
United Slates occupied by them, gives to
the United States no such jurisdiction over
Indians residing on the tenilory of any
State of this Union. Consequently, on
these and other grounds, the Government ’
of the United States can set up no such ju
risdiction within the limits of Georgia. 1
Further, the Court distinctly intimates that
the proper tribunal for the redress of wrongs
which have been either already inflicted or
apprehended for the future, i; either the le
gislative or executive Department of the j
Government, neither of which arraigns the
conduct of Georgia, or attempts to control
it in any way wbatevi r.
Tim-, it is .seen, that the Supreme Court,
ppon solemn argument on all complaints on
||||e of
I the part ot the Cherokee Indians, against
j the State of Georgia, disclaim all jurisdic
tion over tile subject. But notwithstanding
this disclaimer, it may, ami perhaps will be
asserted, that although the Court did, in
that case, distinctly admits its want ot" ju
risdiction, Georgia had deniedits authority,
io the cases ol Tassels in 1830, and Graves in
183-1, both Cherokee cases ? What were
; the facts of these cases ? They were
; trie d in the Superior Courts of Georgia, in
the same manner in which her own citizens
; are tried before the same tribunals, upon
! the charge of murder, anil that the murder
|oi men ol their own race. Each was con
, victed, and sentenced to death, in conf’orm-
■ ity to the criminal laws of Georgia. Wor
' then ? A citation was issued in each case
'bearing the sign manual of a judge of the
I Supreme Court, requiring the proceedings
! to be sent up to that court lor revisal ami
correction. The* convicted murderers were
' sentenced to be executed, in each case, ata
period anterior to the next succeeding term
; ofthe Supreme Court; but in both instan
! ees, at days so distant as to give them the
i benefit of an application to the clemency of
the Legislature of Georgia. That clemen
cy was not exercised, and they were execu
ted in conformity to their respective senten
j ees From this, Georgia has been charg
ed w ith the contumacy tow ards the Supreme
Court ofthe United States, because her au
thorities did not suspend the execution of
| murderers, in obedience to the citation of a
[judge ol'the Supreme Court. What, then,
is a citation, according to the definition of
Chief Justice .Marshall himself ? We shall
see, by refering to the opinion delivered by
him, in the case of Cohens vs Virginia.
In that opinion it became necessary for
the Court to inquire into toe nature and op
eration of a citation, of which so much has
been heard since the State ot Georgia disre
garded it in the race of Tassels and Graves.
Chief Justice Marshall asks, “ Ami w hat is
a citation ? It is simply notice to the op
posite party that the record is trannsferred
to another court where he may appear, or
decline to appear, as hi.-judgement or incli
nation may determine. As the party wh»
has obtained the judgement is out of Court,
and may therefore not know that his cause
is removed, common justice requires that
[ notice ol the fact should be given to him.
i But this notice is not a suit, nor has it the i
efleet of process. It’ the party does not
i choose to appear, he cannot be brought i:i
'to Court; nor is his failure to appear con- !
' sidered us a default.” 1 have thus brought 1
! before the committee the Cherokee Chance
' ry case of 1831, and the citations in the ca
ses of Tassel and Graves.
in the first, the Supreme Court of the
' United Slates disclaimed jurisdiction over
I any of the numerous allegations ofthe bill,
| allegations embracing every ground ofcon
! sent between the Cherokees and Georgia. !
in the latter, according to the Chief Justice
1 Marshall himself, the citation is a mere no
tice, which aiijindividual party may regard
or disregard, at his own good pleasure. If,
therefore, an individual is not bound to take
notice of'a “ citation,” and demean himself
accordingly, w hat possible obligation could '
exist on the part oi Georgia to obey it ? It
is’nonsense to say she was under any such
obligations. 1 have thus travelled over the
charge of defence of the Supreme Court by i
1 Georgia, so f ar as.tlie Indians are concerned,
and show, that in the case in w hich judge- '
ment has been pronounced, it is not ad- j
verse to Georgia ; and with regard to the I
“ citations,” they impose upon her no ob
ligation, either of respect of obedience, what- !
ever.
And now 1 am prepared to assert that
! the State of Georgia is free from all the ai- [
■ legations preferred against her by the bon- ;
1 orable gentleman, as it regards the Indians. !
1 have shown that withrespebt to the Creek
treaty of 1825, the President ofthe United
Slates was the nullifier, and not the Govern !
ment or people of Georgia ; and, in refer- [
ence to the Cherokees, that if treaty existed
previous to 1802, which bound the United
States to protect, and Georgia to forbear, the
exercise of authority over them, these trea- :
ties were abrogated by the Government of!
the United Slates by the compact entered
into with Georgia on the24th of April, 1802, !
surrendering to her all claims to soil and !
jurisdiction w itliin the limits reserved to that I
Stale ; and that the law passed on the 30th I
of March preceeding, regulating intercourse '
with the Indians, was alike abrogated by :
that compact. Os the treaties, so called,
which have been entered into with the j
Cherokees since 1802, they could not right
fully embrace anything at war with the
compact of 1802, and in that sense only
have they been acquiesced in by Georgia.
Il’ the United Stales have wronged the
I Cherokees by their obligation to Georgia
under the compact of 1802, it is their duty
to do them justice ; and in all proper meas
ures io be taken here, for that purpose, the
Senators and representatives of Georgia
will be behind no others in awarding to
them whatever justice and cqu ty demand,
! in a maimer the most ample and complete.
1 might have shown, that according to the
! principles laid down by the Chief Justice,
jin the Cherokee chancery case, an Indian
tribe could not make a treaty ; but I do not
now consider thaldiscussion necessary.
Having disposed, at least for the present,
ofthe allegations of the honorable gentle
man against Georgia, as regards her Indi- j
an relations, I will now proceed to consider !
; (he remaining charge of misconduct towards
[the missionaries. And here I might con-[
' trust the conduct of the original ministers
of the Gospel, with that ot the individuals
been prefered against the Slate of Georgia. 1
But as 1 have been constrained to occupy !
‘ so much ofthe time ofthe House, and as 1
doubt not but little to tliei; edification, 1 will
proceed as rapidly as j canto the com hi-[
siou of my subject. As w ill appear by refer- '
ence to die decision of t' e Cherokee ciiauce
! ry case, already referred to, it will be remem
bered that the Legislature of Georgia com
menced it legislation over the territory oc-
CtiKOBSCtiiA, TIJI:SI>AY MOItJIIIW, SISPT6, ISJ>6.
1 copied by the Cherokees in 1828, and re- 1
pealed it in 1829 and in 1830, all which I
acts were brought in review before the court
so far as they’ rcdated to Indians and Indian '
lands in the course of that decission ; and '
the prayer of hili that the Court would en- j
ioin .and restrain thejurisdiction ofGeorgia
was rejected outlie whole ground taken
!by the complainants. Why, within one
! year thereafter, the same Court should have
i taken upon her.-elf to exercise the political
I pow er so distinctly claimed in the Cherokee
! case in 1831, might be an interesting topoic
;ol inquiry, it lime would permit. Nor does
■ it seem dillicult to refer the motive to the
same cause which enlisted every availlable*
| influence pecuniary ami otherwise, in tiie
; then pending Presidential election. But I !
will forber its discussion.
The last act of the Legislature to w hich [
I have referred, the act ofthe 22d Decem
ber, 1830, contained the following provis
ions : “ That ail white persons residing
within the limits of the Cherokee nation,
on the first day ol March next, or at any
time therealtcr, without a license or permit [
from his excellency the Governor, or from I
such agent as his excellency shall authorize
to grant such permit or license, and who
i shall not have taken the oath hereinafter
required, shall be guilty of a high misde
i meanor, and, upon conviction thereof, shall i
i be punished by confinement to the peniten
tiary at hard labor, for a term not less than
'four years: Protidcd, that the provisions
1 ot this section shall not be construed to ex
! tend to any authorized agent or agents of
the Government of the United States or of
this State, or to any person or persons who
may rent any of those improvements which
have been abandoned by Indians who have
emigrated west of the Mississippi; Provi
ded, nothing con.ained in this section shall
be so construed as to extend to white fe
males, and to male children under twenty
one years of age.” The oath prescribed
is in these words: “ I. A. id., do solemnly
swear (or affirm, as the case may be,) that 1
will support and defend the constitution of
the State of Georgia, and uprightly demean
my.-elt as a citizen thereof : so help me 1
God.” At September term of Gwinnett
Superior Court, (1831,) Samuel A. Wor
cester, E. Butler, and others, were indicted
for living in the country occupied by the
Cherokees, in contravention of the laws of
Georgia referred to, found guilty, and sen-1
tenced to the penitentiary ofGeorgia, there j
to remain at hard labor for the term of !
four years. Ami in the October following
lhejudgment against Worcester was talo n
up, by citation, to the Supreme Court ol the
United States.
I may be once more permitted to express
my astonishmi n tjat the same tribun d, ’
w hich in the sp:i.:g of 1831 should have I
confessed itself powerless to interfere with, !
or ii) any manner to restrain the jurisdiction i
of Georgia over Indians in the country oc- '
copied by the Cherokees, should so soon,
at its next annual term, find itself fully com
petent to restrain that jurisdiction over its !
own white citizens residing within the same ? [
territory, so as entirely to oust the State of |
ail right am! power w hatsoever over them. '
Tiie country was the same, and the enact- | !
nients are contained in one ofthe very laws
of Georgia brought in review before the!
Court in 1831. The laws and treaties, so [ '
called, upon which the Court reliedin both i
cases, were the same, w ith this remarkable \ '
difference in favor of the former, that nei- ’
ther the commercial power claimed by' the '
United States, nor any of the treaties, con- ; |
tain any principle applicable to any other '
description of persons hut Indians, except •
that description of w hite persons expressly'
exempted by the act of 1830 itself from its '
operation —persons exercising an agency, j
or otherwise permitted by the United States
to reside among the Indians.
The honorable gentleman has asserted
that the missionaries were residing among (
the Cherokees by the permission ofthe Go
vernment. This I most peremptorily deny,
upon the well settled legal principle that 1
w hat does not appear does not exist.
The law of Georgia under which they
were prosecuted, excepted from its opera- !
lion all such w hite men as were residing a- ,
mong the Cherokees by permission of the
Government of the United States. Upon j
their trial the_y were entitled to the benefit
of testimony going to establish the fact of '
such permission, and they did not produce
it; therefore I deny the existence of such
permission. Whatever tne honorable gen- '
tieman may think of their Christian meek- ,
ness and piety, it would not have carried
them so far as to court conviction and four
years hard labor in the penitentiary, if the
production of a certificate would have pre
vented it; and the production of such cer
tificate would have secured that acquittal (
instantly. Further: if they would have ,
taken the oath to demean themselves in an
orderly manner as citizens of Georgia, the (
prosecution would have been instantly en- |
ded. The authorities of Georgia, so far ;
from desiring to prosecute and punish them, j
were exceedingly anxious to avoid it ; and ! (
even after their conviction and arrival at j ,
tiie penitentiary, if they would have acknovv- ,
lodged the jurisdiction of Georgia, or con-j
sented to leave the country where they resi- [ ‘
ded, they would have been discharged. Nor !
were they left to make the offer themselves; [
the nipst earnest endeavors were made to I
induce them to accept the one or the other [ '
of these alternatives : but they were then!
refused, when some months th realter they !
were liberated upon one or the other of the'
conditions which I have mentioned.
Tim honorable gentleman has stated that j
the-i' rnissionarii s were oppressed by the j
Government of Georgia for preaching the
gospel to the Indians. This allegation has
not the shadow of a foundation to rest upon. '
Hb••I I * i ’
1 Here is no reference w hatever to the ob
ject or pursuit of white men living among 1
the Cherokees. All that was required of 1
them was an oath to demean themselves as '
orderly citizens of Georgia. There wore 1
other cilizons of Georgia residing in ti)at< '
<UH I i'Ji Iff fil >• /jj f €■£/* tCf •
| i-oiiinry upon whom the laws of the btate
1 were operatinu. Il might be curious to
inquire why the Supreme Court did not ar
' rotate exclusivejui isdictiou over them also.
1 hese were dozens, who, by virtue of the
l opinion of the Attorney General of the U
niled States, had rented from the State of
Georgia the improvements which bad been
abandoned by Cherokbes who had been
paid for them under the treaty concluded
with them by the honorable gentleman in
1828, and had emigrated west of the Mis*
sissippi. If these citizens were subject to
the laws of Georgia, aud'even the subtility
of tl'.e Supreme Court could not so twist
1 them as to make its Indian law applicable
to them, it may well be askul, why it pos
i sessed exclusive jiirisdictionovcr one citi
i zen ol Georgia, and a restrii-ted federalju
j risdiction over another’? The Court did
indeed resort to what doubtless seemed to
it to be an unanswerable argtmient to sus
tain its jurisdiction—that W orcester w as a
citizen of Vermont; and this in the face of
the fact, that by the eleventh amendment to
[ the constitution, it is expressly ousted ofju
! risdiction in suits at the instance of one
State against another State. What consti
tutes a citizen of a particular State? Be
ing a citizen ofthe United States, and hav
ing a permanent residence in such State. 1
) know no other way in w Inch a citizen of a
State can be more properly defined. Wor
cester was a citizen of the United States,
and had a permanent residence in Georgia,
and was therefore the citizen of Georgia.
Will the Court or its advocates, here or
elsewhere, say that he was not a citizen of
the United States and a permanent resident
within the limits ol Georgia f The limits ;
defined both, by her own constitution of
1798 and the compact entered into with her
by the United Slates on the 24tii day of A
pril, 1802. I desire an answer without any
equivocation or mental reservation whatever
and pronounce the assertion of his citizenship
in Georgia as wholly undeniable. He had no
residence in Vermont, and could not be her
citizen ; he bad a fixed, permanent residence
in Georgia, and was, therefore, undeniably
hers ; and yet the Supreme Court, to ena
ble it to carry out its usurpation towards
Georgia, assume that a man living more
than a thousand miles from Vermont, per
manently settled in Georgia, was the citizen
of the former and not of the latter State.
The immediate motive of this assumption
is obvious. As the question before the
Court touched the jurisdiction of Georgia
over a portion of country will.in her own
limits, the admission that the individual con
cerned was her citizen, would have deprived
it of the pretext of deciding against her.
1' inally, as relates to the case ol the mission
a ies, let it be remembered that the Legisla
ture ol Georgia passed the act under w hich
they were convicted in December, 1830;
that but a few months thereafter the Supreme
Court admitted her jurisdiction over the
country in question and its Indian inhabi
tants, by disclaiming any pow'er on its part
to repress or restrain it ; that in 1832 the
same Court assumed the power of project
ing a citizen ol Georgia from li>e operation
of her laws within the same territory in
which it had, but one year, before, distinct- i
lydiscaimed any authority to interfere with
that jurisdiction ; and I will fearlessly sub
mit it to every impartial judgment, to de- ■
cide which has l.’een the nullifier, the Su
preme Court ofthe United States, or Geor
gia. Georgia had passed an act of ordin
ary legislation, and was engaged in its I
peaeelul enforcement, whena degree of the ;
Supreme Court, pronounced more than one !
year afterwards, upon an unwarrantable
statement of facts, ami upon a jurisdiction
w hich it had disclaimed after the passage of
the law of Georgia referred to, was the nul
lifier, and not Georgia. It was with the
most unfeigned reluctance, that 1 found it to
be my duty again to enter into the stale and
unprofitable discussion of the conduct of
the Government, and people of Georgia,
towards the Indians. That duty I have
performed to the best of my judgment and
ability, and as I trust, in no improper or
unfriendly spirit, towards the hono abiegen
ilemen from Massachusetts, or any other
individuul whatsoever. With that topic T
have done, and so far as my own will is
concerned, take leave of it forever. Before
1 resume my seat, I hope 1 may be permit
ted to make a few observations upon the
most extraordinary speech made by an hon
orable member f rom Vermont (Mr. Everett,) j
upon a kindred subject. 1 mean the extra
vagant sympathy expressed by him for an
Indian tribe, the Seminoles, now at war
with his own countrymen. Can it be pos
sible, that, in his ardent sympathy fur a
miserable tribe of savages, who have con
ducted the operations of the present war,
wantonly provoked by themselves, withall
the cruelty peculiar to their race, the mem
ber from Vermont could so far have forgot
ten the manly form and honorable bearing
of Wiley Thompson, so long associated
w ith him as a Beprcseutative from Georgia
in the service of' this House, as not to have
remembered that he had fallen a victim to
the scalping knife ? or have failed to re
member the ruthless massacre of the ill-fa
ted Dade and companions ? lam sure, if a
stranger, who had never heard of the la
mented fate of those gallant men, had lis- '
tened to the speech of that gentleman, he j
would have ascribed the most humane ami ,
gentle bearing to the Indians, and unmea- I
sured ami unmitigated cruelty to their ad
versaries. Certain 1 am, he could not have
supposed that a Seminole had handled a ri
fle or scalping knife against the white man
for the last hundred years. The honora
ble gentleman may luxuriate as he will in
his Indian sympathies, but, for my part, il l
believed that the spirits of the departed
were ever permitted to revisit this nether
world, i should fear, if 1 entfrtained senti
ments like his, that they would visit upon
me more appalling horror than the genius
of Shakspeare has thrown around the ap- j
parition of Banquo, at the feast of his rnur- j
defer. Nor do 1 consider the remarks of
j that gentleman, relative to our present war
[ with the Seminoles, alone reprehensible.
It is well know n that much dissatisfaction
exists, on the part of a most influential indi
vidual of the Cherokee tribe, towards the
treaty, for the fulfilment of which we are !
now asked to provide. While I do not
charge upon the honorable member from
Vermont any desire to encourage the hos
tilities of the Indians, 1 feel very sure that
the whole tenor of his remarks, at the time
referred to, would not fail to be understood
by an Indian as intended to palliate if not
to defend them. Nor do I consider the
taunting manner in which the venerable
gentleman from Massachusetts, (Mr. Ad
ams) has spoken of the various acts passed
during the present session, appropriating
money for the suppression of Indian hos
tilities, less unfortunate than those of tiie
honorable gentleman from Vermont. \\ hat
ever is said in excuse or justification of the ;
Indians m their barbarous conduct to our|
fellow-citizens, certainly cannot be calcula-i
ted to restrain their hostilities ; and there
were, on the occasions referred to, individ
uals of that race in this city, and it may
have been within hearing of their voices,
entertaining no feelings of kindness to the
Government or people, and capable, if so
inclined, of spreading horror and destruc
tion throughout the borders of more than
one of the southern States. In defence of
the plan of Indian emigration, by which
the enlightened humanity and w ise forecast
<4 the present administration of this Govern
ment has been so eminently distinguislied,
it may not be improper to make a very few
brief observations.
| When that administration came into pow
er, seven years ago, it found a partial sys
tem of Indian colonization west ofthe Mis
sissippi in operation ; partial, not in with
holding its benefits from any tribe which
might desire to enjoy them, but only inas
much as it embraced but a portion of the
tribes then residing east of the Mississippi.
The principal of these were a portion of
the Creeks and Cherokees, to w hich have
been since added the Choctaw s and Chick
asaws, with numerousstnalierbands,togeth
er with a treaty in 1832 contemplating the
removal of the remaining and greater por
tion ol the Creeks ; and lately, the treat’,’
with the Cherokees, to provide lor the ful
filment of which the present appropriation
is asked at our hands.< —Within the last six
or seven years, the policy of removing and
colonizing the Indians in the plates east of
the Mississippi, to the westward of that ri-
I ver, in a region remote from the habitation
of the w hite man. has been among the to
pics of universal and bitter discussion from
one end of the Union to the othei. Nor
on any < ther subject has the course of
General Jackson’s administration been more
violently or unjustly assailed. And here I
take leave to say, that so far from Indian
hostilities having been provoked, either by
the negligence or injustice of that admin
istration, they may, with much greater jus
tice, be ascribed to the political philanthro
py, so loudly and pharisaically displayed
by its political opponents ; and I will fur
i ther say, that should war arise on the part
I of the Cherokees, the sin of it lies not at the
I door of this administration, or its suppor
! lers. It may notbe amissto inquire, briefly,
into the history < f Indian emigration wi st
of tiie ?Jississippi. Il’ I am not great!v
mistaken, one of the motives which indu
ced Mr. Jeflerson to desire the annexation
lof Louisiana to the United States, was
j the prospective removal of tiie eastern
Indians, to its remote and uninhabited re
gions.
Certain it is, that in January, 1809,
when addressed by a Cherokee delegation
on that subject he encouraged their exam -
ination oftiie country high upon Arkansas
and White riversand promised to aid them
in their emigration to it, if they should de
sire to remove after having explored it.—
it is believed that a portion of the tribe
did emigrate to that country not long after
wards. Within the first year of Mr. Mon
roe’s administration, the year 1819 a treaty
was made with the whole tribe providing
for the emigration ol such portion as might
wish to join their brethren west of the
2»1 ississippi Ik. iflhe terms ofthe treaty had not
been materially changed by another enter- I
ed into in the year 1819, there can be but
littledoubt thata much larger number would
have done so. But it may be answered,
that so far, the Government had not enter
ed upon any general system upon this sub
ject ; and that, in the partial emigrations
which had then taken place, it rather fol
lowed than attempted to.lead, the in. linina
tion of the Indians. However this may
have been, the whole aspect of the question
was changed by the especial message com
municated to Congress by Air. Monroe, on
the 27th of January, 1825, in which he
stated that it had long occupied the attention
ofthe Government, and recommended a
general plan of Indian emigration and col
onization west of the Mississippi, accompa
nied by an elaborate report ot the Secretary
of War on the subject. But a short period
of Mr. Monroe’s term ol service then re
mained unexpired ; but he aid not go out of
office, until he had communicated to the
Senate the treaty of the Indian Spring, of!
February ofthe same year, which provided,
among other things, for an exch.«tige ofter- ;
ritory, and the removal of’such ol the Creek
Indians as might desire it, beyond the Mis- .
sissippi, and the operation of which treaty i
was arrested by his successor, in the man- j
tier J have already stated, in 1826, an j i
arrangement was made by the then Chief ! <
Magistrate for the removal of a portion of’ ;
the Creeks to tiie west ofthe Mississippi ; <
and in 1828, a treaty with llie Cherokees |
ofthe west which looked to the same object. <
Thus it appears that although by the act :
of Congress passed in May, 1830, and the
treaties concluded with the Choctaws in <
1830, with the Creeks in 1832, the Semi- i
miles, in 1834, and more recently with the I
Cherokees, and within the sameperiod w ith ;
many smaller bands, the scheme of Indian |
emigration and colonization west ofthe States
ami Territories beyond the Mississippi,
has been enlarged and systematized its germ
has a much earlier date, and the whole was
recommended by Mr. Monroe In 1825,
I while the honorable gentleman from Mas
sachusetts was a distinguished member of
iiis cabinet. It might therefore on the score
of time and the authority of high names, be
considered worse than useless to explain or
defend it. But as this is the last time that I
propose to discuss this subject, I hope 1
may be permitted to present a few considera
tions derived from experience and the na
ture of things why this system is best, both
for the whites and the Indians, and especi
ally for the latter. The races are as sep
arate and distinct as color, character and
general condition could well make them ;
the one possessing the arts and knowledge
I culuvated life—the other the rude, un-
I polished nature of the savage. Theconse
i queuce might therefore, be naturally' expec
ted that it is impossible that they should
constitute one community with any thing
like practical equality between them. Nor
has experience in the slightest degree dis
appointed the deductions which a sound
logic would have derived from these con
siderations.
1 have been told, and am not disposed
to doubt it, that for many' years past the
remnants of Indian tribes still lingering in
most ot the old Stales of this Union have
been treated with kindness and humanity.
But ot what avail have been ail the efforts
of ages to elevate their character and im
prove their condition ? Alas I that charac
ter lias continued to decern! to the lowest
depths of degradation and that condition to
unmitigated misery.
Thus has it always been with the In
dians when surrounded by a white popula
tion ; and thus it must alway s be until the
laws of nature and society shall undergo'
Such change as can only' be produced by!
the impress of the Deity. Nor can there j
be difficulty in explaining it. The poor In
dian (and in such condition he is indeed
poor,) of inferior and degraded east, asso
ciates with none ofthe white race, but such
as are qualified to sink him into still deeper
degradation. What, then, should be done
to save the remnant from the moral pt sti
lence w hich w ould inevitably aw ait them, if
relief and salvation shall be delayed until
these causes shall be brought to operate up
on them ? There is no remedy but to re
move them beyod the reach of contamination
which will surely come over them, if per
mitted to remain until they shall be sur
rounded by the causes to w hich I have ad
verted, By making the at.'propriation ask
ed for in the bill new’ under consideration,
you will not only save the Cherokees from
he fate which has already befallen their
kindred in nearly all die old States
of the Union, but you will place them
where they will not only be safe from
the evils 1 have so imperfectly por
trayed, but will ensue that improvement
and elevation of character as shall cause j
their posterity' to raise up and call you bles
sed and at the same time fulfil an obligation
to one of the States of this Union, al
ready deferred for more than a third of a
century.
One word more, and I have done. We
have heard much here and elsew here of the
conduct of Georgia tow ards the Indians. 1
shall not apologise, for she does not need
it, fcrany act of legislation of hers, either
m its principles or r- gul ir application.
The Cherokees drove her to the alterna
tive of surrendering forever to a hostile and
foreign Government a portion of her own
territory or extending her jurisdiction over
it. In this extremity she adopted the course
sanctioned by the exampleof all the original
Slates ofthe Union. She determined to
govern her own territory, and the people
upon it, in her own way. Whatever of
seeming severity may be found in her legis
lation on this subject, .is the consequence
ol Cherokee defiance of her lawful authori
ty sanctioned and encouraged here and
elesewhere, by those whose sympathies are •
a thousand times stronger towards the Indi
an and African race than for the w hile man
o! the south, especially if he be a citizen of
Georgia—by men w ho have but one short
step to take to be found brandjsing the tonj
ahaw k and scalping knife in the ranks ofthe
1 udian.
From the Extra Globe.
MIS.. VAN IWKEN’S Ol iMOAS.
CORRESPONDENCE.
Washington City, April Uh, 1836,
Hon. Marten Van Bjjren Vice Presi
dent :
Sir—l consider it the right cf every cit* !
izen of the United States, to ask mid de
mand and to lie fully informed of the polit
ical principles and opinions of those wl;o
are candidates for the various ofiices in the
gift of the people, and the imperious duty
of the candidate to frankly and fully avow
and disclose the opinions which he enter*
tains. I therefore (as a voter., a citizen,
and an individual feeling, a deep and abi
, ding interest in the w elfare and prosperity
of our common country, and an ardent de
sire to see the perpetuity' of our free and |
happy form of government.) take the liberty
of asking your views on the follow ing sub
jects :
Ist, Will you, (if elected President of
the United States,) sign and approve a bill
distributing the surplus revenue ofthe Uni
ted States to each state accordingto the fed
eral population of each, for internal im
provements, education, and to such other
objects as the legislature of the several ’
states may see fit to apply the same ?
2ml. Wil! you sign and approve a bill!
distrioutmg the proceeds ofthe sales ofthe!
public lands to each state according to the!
federal population of each, for the purposes 1
above specified ?
3d. \V ill you • jgu and approve bills ma-
Plßlf.SSSf. i.jti fasY i’. 1.. Et<.>j;jft
W62<J’BLK ft'O. E.SJ7.
king appropriations to improve navigabh
streams aboveports of entry ?
4th. VJ ;d you sign and approve (if it be*
; comes necessary to secure and save from
, avpieciation the revenue and financies ot'
j die nation, and to afjord a uniform sound
I cr.rri m y to thcpeopleof the United States,)
i <t bill (with proper modifications and res*
trietions.) chartering a batik ofthe United
! States ?
.sth. hat Is your cipin ion as tothecon
( stitutional power of the Semite or House <>-.
Representatives of the Congress of the Us
oiled State.*, to expunge or obliterate from
ihc jom t.ais the recortis and proceedings of
a previous session ?
A frank, plain, and full answer tu the
foregoing inquiri< s is respectfully and ear-
I nestly solicited, pur answer is desired as.
! soon as possible. » intend this and your
■ answer tor publicatiobr""
I have the honor to be,
Your humble and obedient servant,
SHERROD WILLIAMS.
Washington. April 20th, 1836.
Sir—l have the honor to acknowledge
the receipt of a letter Iron: you, asking my
j opinions and view s upon a series of public
j questions. Aou have accompanied the
sttbmisMon ol your interrogatories with n
reference to he existing relations between
us of voter and candidate, and a declaration
ol your sense of the rights and duties gravy?
ing out of the same.
Concurring, as z l do, in the principle which
j inculcates and secures the most liberal in?
terchange of sentiment between the electap
( and the candidate, I think it, nevertheless,
, just and rea>ottable to protect myself against
the inference of. having asserted, without
, limitation, to the general proposition you
have advanced. The duty of a candidate
! for the suffrages of the people to answer
fully all enquires made by an elector, unde?
i termined as to his course, and seeking, in
i good laitb, information as to the opinions of
! the candidate, touching the appropriate du*
ties of the o£ice tube filled, is one which I
I cheerfully acknow ledge, and w ill, upon all
proper occasions, faithfully discharge.
! Jbe rights of an elector, on the other
] hand, who has already determined to oj>-
: pose tiie individual te. w hem Lis inquiries
I addressed, and v.lm makes them with thq
! sole view of exposing, at his ow n time, and
, in t.'e mode he may select, the ( pillions
i the i.uididate to unfriendly’ criticism, anti
) the candidate himself to prejudice if the es*
I timatimi of portions of his fellow-citizens,
I stand, in my judgment, upon a different foot
ing. To such enquires 1 hold the candi
j date to be al liberty to reply or not, as jus
, tree4(> the country’ ami to hisown character
; may, in his opinion, dictate.
[ My permmil acquaintance with you is,
! as you know, very limited, and without
stopping to enquire as to your objects in
! this particular, I cheerfully assume tlienj
Ito be such as I have first described. 1 do
; this the more readily, as your character and
situation assure me that if this impression
is erroneous,-*-if your course in regard to
the I rasidential election so far as 1 am con
cerned, is settled, and the information
you seek is not asked with a view to
.your own conduct, —you will say so frank
--
Actmg upon this assumption and belief,
I will cheerfully give y ou my “ opinion and
views” upon the subjects w hich you have
*ubmitied to my consideration.-U-In your
list of question, 1 find several which are
now under discussion in Congress, and tip
on which it may become my duty to vote,
as 1 resident of the Senate, before the ter
initiation of the present session. My reply
to your letter w ill, therefore, be delayed fop
a short time; but I will embrace an parly
moment, after Congress rises, and in abun?
dam season for tl:e purposes of your enqtii?
ry, to send it to you.
1 have the honor to be, very respectfully
you obd’t serv’t, •
M. VAN EUREN,
The Hon. Sherrod Williams.
Washington, June Oth 1.8.36,
Hon. Martin Van Bleen :
Sir—-1 addressed you a letter ou Ihc JiU,
oi April last, asking your opinion in rela
tion to the several subjects therein specified.
1 done so in good faith fiir the purpose of’
know ing y ouropinions on those points, ap4
for the purpose of determining upoj
course that I would take in the coming con**
test for the Presidency. 1 had the loner
on the 20th of the same month to receive a
letter from you, acknowledging tfi e receipt
of mine, and in which you say you W !J] a ,,_
swer the questions propounded in mv letter
but that that answer would be deferred uu*’
til after the adjournment of the present ses?
sum of Congress, because sonic of« he sub
jects upon vvhich I asked your opini 01l
I’endmg before the Senate, a { l( | h
you mignt have (in the e .ent the Senate
wasequallymv.ded) ,o g : .ve the casting vote.
I must be permitted tv say lhat lhe easo|K
g'vcn >y you for „<• t ansHerin ,
lions <s wholly ,m I have aL
wayseons.dered jt the duty of a candidate
, 1 ' h j people, to inform
•l.ose whose suffrages he seeks, of his view*
•’"•I opmmr.s !1S to the constitutionality and
I’nkcy Os those measures in which they may
be nite r estcd, and particularly vvbe’jt the
caud-.tiHc shall be called upon by these who
>ax e the right to ask his opiniop, and pot
to declme gn itig his opinion befpre bi ¥ e
lection because perhaps and perchance lie
might have to vote upon those subjects or
some of them. If the people knew in ad
vance the opinion of the candidate they
might not place him in a condition to
vote, '
1‘ the reason you assign for not answer*
ing my question until the adjournment of
ihe present session of Congress be a good
one, tiie same reason will continue to exj s t
mml apply w ; t h equal force until the fourth
of March next; for at the next session of
< ougress (whether you shall be
