Rural cabinet. (Warrenton, Ga.) 1828-18??, April 17, 1830, Image 2

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{5E5?5£®H5!!5H!!!SSSk*'*’ ’ **+ika- sjl wtjii- MKwrti J 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