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CABINET.
’ Tr.Tiifin i vl\. j, .■ f)l if, is co
I |MiaMHMMaK a MMn *-j*. - . jr^sraA,v. U tr— <
Congress.-- -We m j indebt
ed to the pn>,i j.t aUeMion of
our represenTit ivc t!ic lion C.
E. Haynes, lor a copy of the
Message oft ic PioMent, ac
companying and >cu ents, trans
mitting ihc inlbrioaiion requir
ed by a resolution of ti e H. of
R. of the 22tl M.irch, in relation
to intrusions on lands claimed
by the Cherokee Tribe of fn
dians, £jc. and tom hing outra
ges alledged so !u. vbeen com
mitted by (dieroLcc Indians,
on citiZi ns of GYmgia, occupy
ing lands to wbieli the Indian
claim bad bee \ extinguished, or
by citizens of St\n :ru on Chero
kee Indians. inis message
and de*cti:i;ci.Js were read,
and laid 0:1 t s e table, on
tlie 2d i:. t ’fi.e pamph
let contains forty nine pages
the and <comen's are thir
ty eight. in mi :i .her, they relate
principally t; the intrusions of
the wliue-*.. the remonstrances
and complaints of the Chero
kees--t!n’ s'eij.s taken bv the
* *
U. S. (lov i"i! j ■;t*<]t to remove
and prevent intrusion —the dis
puted bouudivy between the
Creek and Cherokee country
•—and the recent outrages of
the Cherokee's l.civ !ed by Maj,
Ridge. The greater portion
of these and e \ nents have been
made pub'ie heretofore —the
most impmtan* oj those which
have not Uw\ laid before the
public are : icttc.r ft om the
Secretary of War, to Col. Hugh
Montgomery. Cherokee Agent,
and’the opinion of the Attor
ney General of the U. S. as to
the right a< cured to life soil
under existing treaties with the
Cherokee*: i ic first of i lie sc we
lay betorc onr readers without
delay, e-oh; icing matters of
vita! intei evt to Georgia; in our
next, vve oir i 1 give the opinion
of the Attorney General,
Sectary of Ifar to Col Montgomery.
Oi'.taimiknt of War,
MM l I 14th, 1830.
Sir: Intelligence is re; rived here,
that, recently, tho fhen keo Indians
have under! ikon t > remove (In* white
solllot’s, by \it tue <.l’ sin authority nn<
anating Iron theinse! ves, am! under
tlfir ‘tfovofuMH'iit,* that difficulties
havo arisen 4*i consnq*M*nce of,;*, that
onrofthe Indicts has been killed, ami
three made. prisoners ami ltd off to
Georgia,
Soon a? (ht* inf rotation was receiv
ed, orders were dispatched to the
cotnmandir-g ('Hirer rt Fort Mitch I),
to move with sm h disposable force as
could be spared, to the point of dis
tnrbant e. and adopt measures for
preserving peace am! quiet of the fron
tiers, He w :|t sp*>i (ply as possi!,| ar
rive, and, until thru, you are directed
to instruct both whites and Indians to
forbear further ai ts of aggression, or
oth.rwwe exemplary punishment will
be i flirted t r lueai li of the laws.
‘HieCherokee Indians, at the coin
menc incut .fife present administra
tion, wen given distinctly to under
Stands that the right •> enforce obedi
niai to the laws of the United Stated,•
within their confines, did not belong to
them, and. under no circumstances,
(would be conoeeded to them. They
.were informed that the Goverhmcrtt
j had neither fbe power nor the disposi
tion to permit any of her citizens to
be pronounced guilty of the infraction
of her laws, by any other tribunals
than her own. Notwithstanding this,
under the provisions of a treaty of
more than forty years existence, they
have arrogated to themselves the
fight of sitting in judgement on our cit
izens; of driving them and their fam
dies from their homes, and consuming
their houses; and this, too, is done nl
a time when, through you, the nation
was informed that measures.to under
stand and determine their rights wcri
in progress; and that, soon as the facts
were ascertained, steps would be taken
by the President to put an end to all
complaints; they should have waited.
Precipitancy never leads to the cor
rect ascertainment of justice and right,
it but produces greater difficulties.
The President has witnessed this
proceeding with regret, and considers
the coure. taken by the Cberokees as
highly exceptionable. He charges
you to repeat to them what heretofore
they have been told, that they cannot
be permitted to execute our laws—
(hose high trusts which of right de
volve upon this Government. The U.
States < {aim to be judges of the con
duct of its citizens, and the right to
punish when it is deserved; but, they
will not grant this authority to anv
other power, whether foreign or with
in their own limits.
To put an end Jto tho perplexing
question of boundary between the Che*
rokee n • on and the State of Georgia;
and, that all the facts necessary to a
decision might be accurately obtained,
a special Commissioner, of great
worth and excellence of character.
General .John Coffee, was despatched
to the disputed boundary. He was
directed to determine, upon all tin
testimony that could bo obtained,
where, previous to 1821, was the
boundary between the Creeks and
Clierokccs*
f l lie Cherokess, as ground of theii
claim, assert that, by a conventional
agreement between themselves and
the Creeks, in 1821, a line was agreed
upon as the true boun ary of sepera
f ion; and that this is a line drawn from
the Buzzard roost, on the Clialtalmo
‘•hie river, westwardly to Wills’creek.
The argument and ext eptiori to this
on the other hand, as assumed on the
part of Georgia, is, that, by tin* long
established and recognized rules ol
this Government, one Indian tribe
cannot purchase, or acquire title in any
way to the territory of another. The
extinguishment of Indian land titles
was nlhilgcd to be exclusively in the
government of the U. States. The ar
gument is true. Great Britain as
s rted it; the U. States have maintain
ed it; aud the judicial decisions of the
country have con tinned its correct
;ness. If the conventional agreement
entered into in 1821 cannot ho sus
tained, the question arises, what is the
true designation of the original line
which at present separates the Cher
oiices and Creeks.
I To detennie this, as before stated, a
commissioner lias proceeded to ttie
disputed territory, and there collected
ali the* information that was to be ob
tained. It has resulted in this, that
neither the boundary claimed, by the
one or the other has been agreed upon;
hut another and a different one, such
as will appear to you by the enclosed
map. [he testimony has been procu
red with care and caution, anil the
President, on a review of it is satisfied
to reogiiize this dividing ridge as the
correct line of separation. You w ill
cause to he communic ated, theVcforc,
the dt termination o( the President
•T n this subject, that our Indian bro
thers who are residing South of this
ridge may retire and settle to the north
of if, and within tluir own undisputed
territorial limits. Orders will be
issued relative to this subject, to the
officer commanding the military de-1
tachincnt at Fort Mitchell.
The object of the Government is to
persuade, not coerce their Indian
friends to a removal from the lands of
their fathers. Beyond all doubt they
cannot be peaceable and happy where
they are; yet still will they be pro
tected to the extent of that right and
justice ami the powers possessed re.
quire; beyond this the President has
neither the inclination nor the author
ity to go. It is idle to talk of rights
which do not belong to them, and of
protection which cannot be extended.”
The most correct plan is to disclose
the facts as they exist, that all in in
terest may look to them and be warn
ed, and by timely precaution escape
those evils of which experience has
already afforded abundant indication
there is no avoiding, situated where
they are.
li is directed that the Indians, if
there he any who reside to the sooth of
the ridge running west from shallow’
ford, as is demonstrated on the inclo
sed map on the Ciiattahooehic, remove
& settle themselves north of that line.
AH -w hite intruders, those who are
in the nation without authority, or
who have not Indian families, to be
forthwith removed from the nation.
Those, however, who are settled upon
lands from which the Cherokees, in
pursuance of existing treaties, have
removed, ami the value of which the
Government are liable to p y, are not
to e included in the designation of
intruders; these you will permit to
re in--in until further orders shall is
sue to.you.
in. Pr< * luent adopts this course
upon fall refle lion, and from a desire
to maintain i.i proper execution exist”
ing treaties and laws. The •♦Hirer com
manding will assist in the execution of
this order, by causing the huts and
fences of all intruders to be destroyed;
and i?i arresting and handing over to
the civjj authority those who refuse
to depart.
You will proceed to give public no
tire of wlir.t is here stated, that the in
truders may remove quietly from the
places they occupy, & thereby prevent
any recoct to military interference.
Yon will furnish immediately to the
eonimandiug officer the names of
those persons and their residences,
who, .under the instructions herein
contained, are authorized to remain;
all others will be removed. Accord
ingly, you are immediately to ascer
tain what persons are ai cepted in this
| order, arid extend to them a written
permission to remain, dependent al
vays upon their deporting themselves
corr'Vfly. JOHN U. EATON,
(o Colonel Hugh Montgomery,
Cherokee si gent, Calhoun , Tennessee.
1 lie Indian emigration ques
fi *n has at length reached and
- ground in the senate < f
t!ie U. S. Petitions from the
political philanthropists are ever
.and anon laid before that body
against their emigration and
extending over them the laws
of the Stales. On the 6th inst.
the liili providing for a removal
of the Indians in the several
Whites and Territories west
ward ol tiie Mississippi, was
taken up on motion of Mr.
White, who, in a luminous and
comprehensive speech, ex
plained and supported it; but
before any question was taken,
life bill and amendment sub
mitted by Mr, McKinley, were
laid on the table.
On the 7th alter acting on a
hill ol a private nature and one
in relation to the Pursers in the
Navy, Mr. Frelinghuysen oc
cupied the remainder of the
day in reply to Mr. White's
s’* e hos Tuesday, on the bill
providing for the removal and
the Indians beyond the Waters
of the Mississippi.
The United States* Tele,
graph of the Bth inst. says,
A number of the fkiunds and ad
mirers of the Democrat! Republican
principle of Tu mas Jefferson, here
resolved to honor his memory by an
anniversary celebration of his birth
day, on Tu sday, the thirteenth inst k
A dinner, with toasts and speeches,,
suitable to the occasion, will be the
mode of celebration; the Indian Q i mi,
the place; and the hour of five m the
evening the time for the company to
assemble. A subscription paper will
be in the hands of Air. Brown the pro
prietor of the Indian Queen Hotel,
where the friends and admirers f
the GREAT REPUBLICAN. vv ho.se
memory is to be honored, and who
wish to join in Ihe celebration, w ill see
the necessity of sending in their nanus
before the day. Tue state of the sub
scription already announces a gnat
assemblage and a celebration worthy
of the occasion.
About ninety members of Congress
have united in this celebration. Mi
ny efficers of the Government, citiz ns
of the District, visitors in the City,
and inhabitants of the neighboring < i~
tios and surrounding country, are. ex
ported to attend. The committee, con
sisiing of members of noth Houses of
congress, will be announced tomorrow.
We are authorised to state, that
the Score tary of the Navy on rcceiv-.
ing satisfactory information that cer
tain O fillers of the United St *
Navy had been concerned in the 1.-e
duel near Philadelphia, which resnl
sand in the. death of Mr. Miller, of t .1
city, communicated the same to the
President of the United States, and
recommended their dismissal from the
service; and that the President,
being made acquainted with the. fact--,-
immediately ordered the names of if.
following offi ors to be erased IV. i
the Register of the Navy, viz.* Li ,
Edmond Bryne, Lieut. Ilamp >n
Westcott, Passed Midshipman Cha’s.
1L Duryee, and Midshipman Charles
G. llin ter.
The determination of the Exe i
tive, announced in the above para
graph, is one of great • consequeu e,
to which we are disposed to award
’he credit of the best motives, a J
for any thing we can see, of a wise
and provident exercise of the only
prerogative (save one) of the Excre
tive of the United States.
The greatness of its consequent eg
lies in its being a pr cedent, which
probably will settle the question, f i
over, that no duel, or challenge, -e
defiance to a du*l; will be tolerat. t|,
on the part of offi ers of the Nan,
Army, with persons in the priv,ifo
walk of life, if, under and circum
stances* whatever, between them,
selves.
We fnel sorry fir the seconds in
the late dm-l who have thus been rn. do
he first objects of a just regard to the
general sentiment of the people, on
•his occasion outraged. We. com
passionate the situation even of tlie
surviving principle. But the d* ci -
ion, if stern in justice, is stern in right.*
The people will approve it. Instead
of yielding to the impulse of Mint’
passion, the youth in the servi e >S
their country, understanding the con
(litions on which they enter the pnbii<
service of their country, will submit
themselves to the military law,
is henceforth to be substituted (cy flu.
arbitrament of tlie pistol aid teg
sword, in which chance decides i- of
t-n for the wrong as for the i igh‘,
L he error of education in a false rode,
o! honor, has produced the late fata?
catastrophe—The decision if tl c
President, in regard to it; £ !i w*d
up as it must be rigiriiy in .ve s *
tears up the error by tlie roots —b t t