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JUmrai Ceftkigf.
VOL. 11.
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CONGRESS.
In tub Senate .>f tub U. S.
April, 1830.
SPEECH OF MR. FORSVTII,
OF GEORGIA.
( CONTINUED J
On the bill providing for an ex
change of lands with the In
dians, and for their removal
west of the Mississippi; the
amendment proposed by
>lr. Frelinghuysen being un
der consideration.
The Stales claimed as comnioti
property our Western lands, as ob
tained by the expenditure of common
blood and common treasure. The
State of New Jersey presented a
remonstrance to the old Congoess,
claiming for the confederation, all the
Western lands. Regardless of Indian
rights,! and the independence of the
tribes, now so dear to her bcnauu,
New Jersey claimed the soil of the
wild landfill* the confederation; leav
ing the jurisdiction to the State,
where the iand lay. The States North
of the lloanoke, made a transfer of
their W extern lands. Georgia offered
a transfer, hut the conditions proposed
were not satisfactory; and the transfer
wos not made. In order to press up
on Georgia this surrender of her lands,
questions were raised under the arti
cles of corifcderatiom e aboijt the powe?
of she States ove-paf A war
was threatened on the Southern fron
tier, by the Creeks and Cherokees.
Assistance was claimed under the ar
tides of confederation, and Congress,
although bound by these articles to
defend all the States, talked gravely
Os examining into the justice of actu
ul w ar, in order to determine on the
propiety of affording neceessory aid
to their white brethren: and claimed
in defiance of the article in the con
federation, exclusive control of Indian
affairs. To tempt Georgia, a transfer
oflands was suggested as the best
practicable mode of settling all ques
tions of relative power between the
States and the Confederation. By a
a majority vote of Congress, treaties
were required to be held, whenever a
majority of the States ordered them to
be held. These difficulties continued
until the Constitution was adopted.
The first President of the United
State*, found the country embarrass
ed by Indian hostilities, and his atten
tion was earl} directed to give tran
quility to our frontier settlements
The State of Georgia formed treaties
u t Shouldcrbonc, Augusta and Gal
phinton, with the Creek Indians.
Their validity was disputed. Gener
al Washington asked the advice of
(he Senate of the United States 01
l|,*i so points: —Should an inquiry be
made into the circumstances under
which theee treaties w* re held? If
fairly held*should they be enforced by
the arms of the Union? If not valid,
they be made the basis of new
iirangements with the Southern
IribesV These inquiries were all an
sacred in the affirmative. Uivcstiga
tl ,n tl,e v *!'dny of these treaties was
made by the Commissioner sos the U
oited States, Griffin, &,*. and tl|C
result was a report, that these com
pacts were made with all the useful
.formalities and fiinicss of Indian
treaties. They were not enforced by
ihe arms of the United States; an ar
rangement was preferred, and terri.
tory previously surrendered io the
State by the Indians, was restored to
them as hunting grounds; and the in
tcicourse act of 1790 was passed, to
enforce this violation of State sover
eignty. What did Georgia di, on
this palpable violation of her admitted
right? Animated by a love of the U
uion; by her respect for the peace and
tranquility of the country to which
her just claims had bom unconstitu
tionally surrendered, she used nn vi
olcncc; sttv sought no redress, by un
hallowed moans, She came here to
protest against this new treaty and a
gainst the law of 1 TOO, as equally re
pugnant to her claims and to the Con
stitution of the U rtf ted States. She
hoped fin* indemnity: it never was
made. We have the satisfaction to
see upon the public records, the ack
nowledgement that our complaints
were just. A committee of Congress
reported, that injustice had been done
to the State, ami that indemnity was
due. Jri the compact of 1802; there is
feuud the admission of the United
States, that lands formerly ceded by
the Creeks to the State, had been ta
ken without equivalent from the State. I
Without authority under the Consti
tution; it certainly was wrested from!
ua. l *l,® iionorahlft ftfOiatm'M
from the East, would have been the
conduct of the New England States
had a similar surrender of their terri
tory been made, even under the pres
sure of dire necessity, to a foreign
government? What is the feelihg of
the East on this point, may be learned
from the correspondence of the Gover
nor of Maine and the late Secretary of
State, on the North eastern boundary
of the United States, now’ a question of
arbitration with Great Britain. An
inspection of tiiat correspondence will
shew, that some warmth is felt even
in the cold regions of the North. The
blood can run amidst the snows of
Maine, in a heady current, not less
under the influence of a Southern sun.
Fortunately for Gov. Lincoln, he liv
ed in a favored region, and his doc
tri les of State rights and sovereignty,
brought down no invectives upon his
head, although in theory, and in lan
guage too, he did not lag far behind
ihe fiery Georgian. The Senate will
perceive, Sir, from the protest of the
State, that the Senator from New Jer
sey mistakes, when he asserts that
Georgia has always acquiesced in Ids
favorite doctrines. The first en
croachment upon her sovereignty was
resisted in the only practicable and
peaceable form. The claim to all the
Western lands lying on tlic Missis
sippi, as the property of the U. States
was revived under the Constitution,
on the old ground, and anew claim
set up on anew ground, to that por
tion of the State of Georgia which lay
between lat. 31 deg. N. and I at. 32
deg. 30 min. N. on this singular pre
text. This strip of territory formed
a part of Georgia or South Carolina,
until the Floridas belonged to great
Britain, and was annexed to West
Florida, by Great Britain, prior to
1770 The treaty of peace with great
Britain having surrendered to the lat.
31 deg. the surrender Was made to
the confederation, and not to Georgia
or South Carolina. *n the negotia
tion with Spain to fix the Southern
boundary of the United States, Lt. 31
deg. was claimed as the boundary of)
VVummton, Juaeisi), 1830.
iol Gioigja. w/ien that boundary was
l h’ Spain, lat. deg. be-
amc, in the Lngnage 6f the United
V t I K boundary of Georgia
bn, the boundary of a territory stirren
j f„ (he Confederation, by the
treaty of 1783, with Great Britain
trvssrd by these claims, and anxious;
‘? strengthen the State iu her territo
Mi pretensions, the Legislature of
hour, meddle to
companies, in the year 1794, of large
purti m f |,cr Western lands. I morn
|>*r means having been used to secure
the gassigo of the legislative enact
ments fir these Hales, they were do
elared r oid by a subsequent Legisla
ture, ami by a Convention which met
m the succeeding year to alter (lie
State Constitution. The Yaxoo
fraud, as it is usually called, is a c6‘o
stant tficme of reproach to the State,
no otic remembers the stern integrity
that prevented its success. Not sat
isfied with a barren c.aiin to our
Western lands, the United States
deemed it expedient in 1798, to make
a direct attack upon the state sover
eignty by the erection of a govern
ment, the territorial government o
Mississippi within our boundaries*
It is Irue, Sir, as if in ridicule of our
pretensions, there is a solemn reser
vation in the act of the right to the
soil and jurisdiction. The sovereign
ty is assumed. Exclusive legislation
| exercised by the United State* with a
i saving of the rights of soil and juris
Suction thus openly violated. Within
| the period embraced by these transac
I tions, the State was harrassed by In
dian depredations and Indian wars
h eitating questions were perpetually
ar isingv,. *ue Nnues anti tfr U
nited States. The agitation produc
ed by the sale of our lands to private
companies, and the subsequent an
nulment of the act of sale; the usurpa
tion by the hand of power, of our sov
ereign and territorial rights, and the
hiitiatins questions produced by the
savages within our limits, almost com
pelled the State to a surrender of the
Western lands, so long the object of
desire to the other members of the
Union. In January, 1798, a conven
tion ba*H<S been called to reform the
Corisiitution, tbe Legislature adop
ted the report and resolutions which
I will read to the Senate. (Mr. F.
read the report and resolutions in the
appendix No. 1.) The Legislature
recommended the insertion of a clause
in the new Constitution, authorizing
the Legislature to sell tho Western
lands on these conditions.
First, the payment out of the public
treasury, of g 1,500,000 iu specie,
bank or funded stock of the United
States.
Second, that the United States
should extinguish (at their sole arid
proper expense) the Indian claims to
all the land not ceded by Georgia
within certain designated periods of
time. All the lands between the tem
porary line separdting the whites and
Indians and the river Ocmulgee, with
in two years from the date of cession
Tl.c laud lying between the Ocmulgee
and Flint rivers within seven years;
between the Flint and Chattahoochie,
within fifteen years.
Third, that the U. States should
guarantee the absolute right and title
to Northward and Eastward of the
Chattahochie forever.
Fourth, that the territory ceded
slnmld bo admitted into the Union,
whenever tho number of inhabitants
entitled it to a Represintative in Con
gress as a free and independent State.
This legislative recommendation was
effectual; the convention incorporated
a clause in the Constitution of Geor
gia authorizing a cession to the U.
States, Under acts of Congrtsfi
and of the Stale Legislature, Com
missioners were subsequently appoint
ed, and the compact of 1802* \v*? for
med. It will be found by rclVre.nV-6
to the compact that the conditions pro
posed by Ihe Legislature of Georgia
were not obtained. For Si, 500,000
in specie, onnfc stock, or funded
stock, was substituted Si,ssO,o'Ort
payable out of tlie proceeds oflhe land
ceded, For the extinguishment of
Indian claims \%itliin lj ye.os, Wan
substituted a promise to exiingrtMi
that claim as soou as it to (itd be done
peaceably and on reasonable to: ms.
For the guaranty of the absolute right
and titfo to the land East of the Chat
tahoochie, was substituted a cessiofi
of the. right of the U. States to the ju
risdiction and soil. The Act was ne
vertheless ratified by Georgia, and it
was fondly hoped that no future dispu
tants about Indians and Indian lands
could pnssfhty arise. Reljing upon
the faith of the U. States, Georgia,
from the date of the compact until re
cently, refrained from all excr. isc or
claim of authority over these subjects',
confidently forward to a peri
od hot remote, when all her claims
would, without effort on her part, be
‘satisfied by the General Government.
To this compact, the Hon. Sruatof
from N. Jersey ruay look for an a> -
swer to his repeated inquiry. Why
did Georgia acquiesce of the treat/
• making power by the Federal Gov
ernment.- Georgia having imposed
upon the U, States the obligation to
extinguish tho Indian title, did not
consider herself authorized to inter
fere in the maoncr iu w hich that obli
gation was performed. Why she had 1
been compelled to interfere will be’
seen by a short history of tho cxec u
tion of the compact. Tho money sti
pulated has been after some didicut
ties, paid. Os the laud, after the ex
piration of 28 years, a large territory
remains still occupied by Indians*
When it is borne io uiind, Mr. lTes
idcut, that since the year 1302, count
less millions of acres of laud have bectV
purchased by the U. States from In
dian tribes, independent State* creat
ed, and territorial government* form
ed upou if, is it surprising that th>
Georgians should inquire, why it i
that this compact has not been fully
and faithfully executed? To *ay
nothing ol Illinois, Indiana, Missouri
Alabama, Mississippi and the territo
ries of Michagau aud Arkansas, coioi
pare the purchases made by the Unit
ed States in Ohio, from Indiana, aud
the effect of these purchases on fh6
political power of tho South aud
West. On the SOth of April, 1802,
the act passed aiUfiormug the people
of Ohio, to form a Constitution, llow
stands Ohio compared with Georgia—
an independent state ot the Revolution
—in 1802 represented by three repren
scutatives in Congress? At this mo
ment, Ohio is cursed by the presence
of but a few Indians, occupying a
small body of laud, while in political
power she stands, to adopt expres
sions vauutingly used in this House,
by tho side ot the great states of N,
York, Pennsylvania and Virginia.
Ohm has been fostered, and the pro
mise to Georgia has not been per
formed. Ohio las fifteen represen
tives in Congress* Georgia but 7.
Why is this, air? Were there greater
difficulties in making Indian purcha
ses from the southern tribe* thau from
the Northern Indians? If such is the
fact, a sufficient causd existed to re
press our complaints* The U. States
from 1805 to 1819, purchased for oth
er states 29,678,540 scies, not ouo
foot of which lies in Georgia, from
southern tribes. Yast acquisitions
1 ---. r-a-r
IW 52.