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I*l*ol*o SALS
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TERMS.
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Macon, m ay 1, I^3o.
‘CONGRESS.
Lx Tim Senate op the U. 3.
April, 1830.
SPEECH OF MR. FORSYTH,
OF Oti'iuui V,
On the bill providing for an ex
change of lands with the In
dians, and for their removal
west of the Mississi pi; the
amendment proposed by
Mr. Frelinghujsen being un
der consideration.
After an inquiry to the mover of
the amendment, Mr. Frelingliuyscn,
and an explanation of hie purpose,
Mr. Forsyth said;
I regret, Mr. President, that the
amendment to the btl!, proposed by
the Senator from Ne\? Jersey, is not
more definite and prieisc. Ilis expla
nation of its'purpose is not more satis
factory than the amendment it
self, and it is only by looking to his
speech that vve arc relieved from em
barrassment. His amendment and
explanation leave us to conjecture
whether he intends that the United
States sliaii interfere with the Indians
in the old States uorlh of the Roan
oke or not. His speech whs plain
enough. The Indians in New York,
New England, Virginia, &i. &. ate
to be left to tiih ;tendeu mercies
of those States, while the arm of the
General Government is to be exten
ded to protect.the Choctaws, Chicka
saws, Creeks, and especially the
Cherokees, from the anticipated op
pressions of Mississippi, Alabama,
and Georgia. We thank the gentle- j
man for his amiable discrimination in
our favor. He. no doubt, hopes that;
lis Zealand industry in the Indian
cau->e will be crowned with success;
that he will bo able tv pursuade the
Senate, and his friends in the House
of Representatives, to interfere, and
compel the President to take new
views of the relative power of the
State anti General Governments, and
that under to t.u t*su nfw the
physical force of the country will be
used, if NECESsAitr, to arrest the
progress of Georgia. The expecta
tion the gentleman has expressed,
that Georgia will yield, in the event
of this desirable change in the Execu
tive course, is entirely vain. The
gentleman must not indulge it, with a
full ud fair examination of what is
right arid proper, Georgia has taken
her course and will pursue it. The
alternative to whi* ii the Senator
ooks, of coercion, must be the result.
While 1 entertain no fears that the
gentlemans hopes will be realized, l
consider it a matter of conscience be
lore entering upon the general discus
sion of the subject of tiie bill, to re
lieve the Senator from any apprehen
sion that it may become necessary to
<ut white throats in Georgia to pre
serve inviolate the national faith, and
io perform our treaty engagements
to the Indians. It is true, the gen
tleman displays no morbid sensibility
at the idea of shedding the blood ol
white men in this crusade in favor ot
Indian rights- [Mr. Frelinghuysen
explained; he diu riot say he lelt no
morbid sensibility at the idea of shed
ding b!oo in defence of the i dians.]
Mr. Forsyth continued: 1 would noi
misapprehend the gentleman for the
world and no inducement could tempt
...c to misrepresent him: hut 1 cannot
oe mistaken in the impression made
u\ his rental ks. The gentleman eu
iogized Mr* Jefferson f>r his letter to
1 General Euox, of the 101 b of August,
WaiTem.on, .hitie 5, 1830.
179i He dwelt with peculiar empha
sis on the spirit of that letter, and said
Mr. J* Hers m had no morbid sensibil
ity at the idea of shedding blood it
b fence of tin* Indians against the
whites. He wished ardently that th
present Executive had spoken with
the firmness and in the spirit of that
letter to Ge Tgi*; he believed Geor
gia would have yielded, and would
now yield to such language f POt n the
Executive; if she did not, the respon I
sibihty of the blood shed would bi
upon her hand. Now, Sir, although
we dread no responsibility, I have so
much kindness for the Senator as
so wish to satisfy him, that there is no
occasion for an assault upon us, not
withstanding he displayed so littte
sympathy for the whites—a circum
stance rot wonderful, however—hav
ing exhausted all his sympathy upon
tl c red men, none for the whites could
he reasonably looked for from him.
I propose then Sir, for his relief to
shew that, considering this as a trea
ty question, arising under a fair ex
cruse af the treaty making power
with a, foreign government, entirely
unconoscted with any disputes about
the relative power of the U. States,
that Georgia stands perfectly justified
upon Ins own principles in the steps
she has chosen to take with regard to
these Cherokees who reside within
her'territorial limits; The gentleman
man asserts that, the Creeks and
Cherokees are acknowledged to be
independent nations, by treaties made,
first with Georgia, and lastly, with
the United States; that the indepen
dence of those tribes is guaranteed by
the United States; that treaties with
tho United States are the supreme
laws of the land, and must be execu
ted, although in collision with State
constitutions and State laws. The;
independence of the tribes rests on
this argument —that the formation of
a treaty, is, between the parties, an
acknowledgement of mutual iudepen.
dence. I will not stop to shew **°
numerous exceptions f ” t,,w * n ’
nisiingt how**'*" 1 * that the gentleman
shall what I presume nobody
will deny, that the two parties to a
tr +**7f independent when it was
made, may, by the terms of that in
strument, change their characters and
assume those of sovereign and depen
dent. The gentleman: Iras thought
proper to refer to the Creeks, why, 1
cannot tell,* they, at least, have now
no business with Georgia. We are
rid of them, and I hope the gentleman
has no desire to bring them back upon
us to aid the Cherokees. But, as he
has referred to them, I will ask his
attention to the first article of the
Treaty of Galphioton, concluded on
the 12th November, 1785, parts of
which he has himself quoted.
“Arf'cle 1. The said Indians, for
themselves, and all the tribss or towns
within their respective nations, within
the limits of the State of Georgia,
have been, ami wlio arc, inemhpp, nf
the same, since the day and date of j
the Constitution of the said State of
Georgia.*
Is not this article broad enough to
sustain the claim of the State to the
sovereignty over the Creeks? if they
were members of the State, as they
acknowledge themselves to have been,
from the adoption of the Constitution
of Georgia, what became of their
separate and independent character
as a nation or tribe? So much lor the
Creeks. I will not, in tenderness to
the lately defunct administration, say
more ou this chapter of our. Indian
history. Uow stands it with the
Cherokee*? Their situation differed
from that of the Creeks in this; All
the Creeks who were within the u
1 States occupied; land within territori-
al limit* of Georgia; the Cherokee®
occupied territory in North Carolina,
South Carolina, and Georgia, the
greater number bring in North Caro
lina. The Treatyof De -Witt‘3 cor
ner, formed May 16, 1777, with
South Carolina anc Georgia, by tho
Cherokees, settles the question with
the CherokeeS. Tie first article of
this treaty is in these w<rds*
•‘Article I. The Cherokee nation
I acknowledge that the troops; that dur
ing the last summer reputedly de
feated their forces, victoriously pene
trated through their lower towns, un
opposed, built, held and continue to
occupy the fort at Esenneca, thereby
did effect and maintain the conqucs
of all the Cherokee lauds eastward of
the Unicave mountain, and to and for
their people* did acquire, possess, and
yet continue to hold, in and over tho
said lands, all and singular, the righto
incidental to conquest; and the Cher
okee nation, iu consequence thereof,
do cede, the said lands to the said peo
ple, the people of South Carolina.’*
You see, Sir, the Cherokees admit
that South Carolina had, by conquest,
acquired a right to all the land in tho
valleys below the Unicaye mountains.
These mountains lie in Tennessee^
beyond the territorial claims of South
Carolina and Georgia. South Caro*
lina conquered the country from theitf
neighbors: the right of conquest is
admitted; the benefit of that conquest
was, according to the well known
rightsof Georgia and South Carolina
with both of whom tbft treaty was
formed, to be enjoyed respectively by
those States. But this not all-no
subsequent change irt the political
condition of the United States can lid
used as a pretext for denying to Geor
gia thejclaim to sovereignty over the
’ Cherokees within her limits. We
stand, impreguably fortified upon
treaties to which the United State*
are. parties. Every professional maa
who remembers his BW.kstone* knows
mat legislation ,is the highest act of
Boverigoty. Now, Sir, by the 9th
article of the treaty of Hopewell/ of
the 28th Novemb r, 1785, a treaty
which begins with these words, “the
U. States give peace to all the Cher
okees, and receive them into their fa.
vor and protection’* strange words to
be used to an unconquered and inde
pendent nation; Cherokees surrender
to Congress the power of legislating
for them at discretion I pray the gen
tleman to hear it.
For the benefit and comfort of the
Indians, and for the prevention or in
juries or oppressions on the part of
the citizens or Indians, the United
States in Congrees assembled shall
have the sole and exclusive right of
regulating trade with the Indians, and
managing all their affairs in such
manner as they think proper.* Thip
treaty with all its burdens and bene
fits, fell to the new Goverumenf un
der the Constitution, when it was es
tablished, and the power of legislating
at discretion, to prevent injuries or
oppressions on the part of the citizens
or Indians, was one of the benefits
secured by it. So much for the in
dependence of the Cherokee nation.
It may be asked, however, what has
this treaty to do with the question
between Georgia and the Cherokee
Government? It does aof follow, that
because the United States have sov
ereignty over the Cherokees, that tho
State has it? The compact made by
the United States, having acquired,
by the 9th article of the treaty of
Hopewell, the power of legislation
over the Cherokees, had tho good
ness to transfer it to tho State. Let
us see, Sir, what this compact is.
Bv the first article, Georgia ceded to
the United States all her right# dsltt
No. 50.