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m GUIEU «Sc THOMPSON.
IE ( INSTITUTIONALIST.
It ; \ M VCINTOSII-STRERT.
ft i the N. IV. corner of Broad-street.
I ■ -1» by Ad ninisirators, Executors, or
1.. ~e required, hy law, to be held on the
I . ~ t y in the month, between the hours of
I . .--enoon and three in the afternoon, at
■ n .. |j .use in which llie property is situate.
B ese sales must be given in a public
I , r v p\Y3 previous to the day of sale.
■ \ ROE'' must be at public Auction, on
■iday of the month, between the usual
I , at the place of public sales in the
I 'wu re the letters Testamentary, or Ad
■rit.ou, or Guardianship, may have been
I giving sixty days notice thereof,
9 public Gazettes oflhis State, and at
I \ , the Court-House where such sales
B he hold.
f , , . g,lp of Personal Property must be
B ... ,ke manner, forty days previous to
K Debtors and Creditors of an Estate.
I btished for forty days.
B aplicarion will be made to the Court
■ r for leave to sell LAND,must be pub
|)r man months.
| ive to sell N ECHOES, must be pub
■ I n months, before any order absolute
B, en by the Court.
k. ~ji j i . mi it 1—
| yA. : I-)RNING, .n NE 30, 1 8&.
h ingon New
4 per cent, premium, for Hamburg and ,
■oath Carolina bills.
B'iio Sub-treasury bill has been defeated in !
Bjse of Representatives, by 1*25 votes against !
Bhic majority was 11 ; by deducting the
■ the Speaker, this majority is reduced to 13.
■embers were absent. How these five
Brs would have voted, will no doubt be as-
Bed. Wo did not receive the yeas and nays
Brrdny’s express mail; as soon as they come
■ we shall publish them, as it is of the utmost
pure that the people should know who,
Btlu ir representatives, have, or who have
Bum >i the trust reposed in them, and misre-
Bh-d the clearly expressed opinions of their
Bieuis. The conservatives, by the defea* of
B, have assumed a fearful responsibility.—
Bjames will have to be remembered, when-
By of them, leaders and all, may venture to
B>c favors of a people they have insulted
■represented.
Separation of bank and State must ultimate-
Heeled. We do not despair to see the sys-
Bumpliantly adopted at the next session of
Bs: The proposed system is now more po-
Bum it was six inontbs opo; and it is ucquir-
Bn* popularity us the people refiecl upon it,
■<Tt upon the consequences which must in-
B follow the combination of the money pow-
B the power entrusted to the federal govern
■ The people begin to perceive the dangers
Blii'h they are threatened; before twelve
B a large majority of that people, will speak
■ce of ihuiidcr, to their representatives in
Bin Charles W. Skinner has been appointed
Bomniand of the steam-ship Fulton, now at
By Yard in Washington, in the absence of
B M. C. Ferry.
■Mayor of NcIV-Y ork gnVe a dinner, at which
Belm-ken pie was scried tip, which h ad bc» n
Bd and baked in fb isfol. England, hi Up pro*
■to him by Capt. lloskm. It is said to have
B good ns if just from the oven.
■three new chain cobles for the I T . S. Ship
Blvnnia, arrived at Norfolk on the 1 Ith inM.,
■Vashinglon. They are each ‘2l inch—lso
B in length, and weigh ML -5 lbs. The
B swivel detached from the cables, weighs
■Cincinnati Daily News vs the 1 Till instant,
I 1 The trial of the rioters f*• r the destruction
Bholition press in this city, in July, 1830,
Bn a few days since, before the Court of ('oni-
Beas, now in session in this city. The ease
Ben to the jury’ on Wednesday last. After
B twenty-four hours’ eon si d era t fur, the jury
Id that they could not agree, and a new trial
Bored, to come on at the November term.—
Bdersiood that nine of the jurors were in fa-
Biiinga verdict in favor of the rioters."
■HE INDEPENDENT THE AM RV.
■Washington Globe, of the 25tb insl., says,
Buestionon the engrossment of this bill was
Bins evening, and resulted—ayes 111, nays
B> the hill was rejected."
! THE CHEAT WESTERN.
Bfliccr of the F. Stales Navy, w ho came out
■Great Western, informs the editor of the
lure Chronicle, that it is his deliberate opini
■ the ship Great Western is, in every kind of
Br, calm or stormy, the safest vessel in whi-h
lean encounter the perils of the oeean. The
Buy of a gentleman of so much experience
■cure, is worth v Vumcs of speculation.
STEAMBOATS.
I Philadelphia National Gazette, remarks,
Brine the year 183 d, upward* of three him.
P*l fifty lives were destroyed by eteamhoat
lots; in 1837, six or seven hundred were cut
■ the Bnte way; nnd for the year 1833, we
llready «ount nearly or quite a thousand per-
Billed tiius, and a prospect of having to wit-
It the end ot the yertr, if the evil be not ar-
I, a proportionable increase lo ibis hideous j
CRIME i n NEW.A ORK.
k nmmher of commitments lo the New-York
Prison during the ye<ir ending May Ist, 1838,
1,008. Os the prisoners,s3s9 w ere eommiltcd
■he I pper Police Ollice, and 1593 from the
|r.
fOBACCO CROPS IN TENNESSEE,
k* Nashville Banner of the Ifith, gives extracts
tern from various parts of Tennessee in rela
|o the Tobacco crop, and observes, “ from the
kud most authentic information than can bo
ited, it seems that the prospect of the tobacco
■his season promises little better than that of
|m, winch is known to have been considerably
lof the average quantity. Should ibis be ge
ly lltc case, the article must nut only keep up,
ft lo higher prices than it has commanded for
I time. Both our staples in this country arc
I to foil thou, while crops of grain and oilier
lotions will probably be as good, both in quan*
pul quality as of other years.
THE MARYLAND CROPS.
f Hagerstown Torch Light of the 2 1st instant
r*Dur prospects fur on abundant wheat har
are highly flattering, and the rye promises
[ 'lho heads of both are likely to be large,
fid heavy. Com, oats and grass arc also prem
ie W estminster Carrolllonian of the 23d instant
f-The wlieat and rye look as well as they
done for many years, and have advanced so
(wards maturity, that it is hardly possible lhal
farmers of this region will be disappointed in
At he ring of an abundant harvest. The oats
generally almost too good. The Corn was
ward, but within the last few days has been
ly improving.
e Easton Whig of the 19th instant says—Far*
represent the prospect for abundant crops
r this season than it ha* been for many years,
backwardness of the season, however, may
d the summer crops a little.
NEW WHEAT.
The Richmond Whig, of the 21st inst., states,
that contracts for new wheat have been made to
the extent of 20 lo 30,000 bushels, at SI 45 for red
and SI 50 for w hite, delivered in July; and an ave
rage of Si 30 for deliveries in August.
Portrait of the British Queen hy Sully. —The sub
joined extract of a letter is said to come from an
authentic source:—“Mr. Sully has been offered
three hundred guineas for merely the head and
bust of his picture of the Queen, for the purpose of
having it engraved. Solly’s picture is said to be
the best yet taken of the Queen, although several
eminent English artists have painted her."
APPOINTMENTS 15V THE PRESIDENT,
By and V'ilh the advice and consent oj the Senate.
James K. Paulding, of New-York, to*be Secreta
ry of the Navy, after the 30th inst. in the place of
Maldon Dickerson, resigned.
John U. Livingston, jr. of New-Vork, lo he Navy
Agent for the port of New-Vork, fog four years,
from tho 30th inst.
[Correspond! nee of the New York Times.]
MAG All V FRONTIER
C’nippkwa, (I . (’.) June 21, 1833.
I have taken the liberty of sending you a cane
cut from a tree on Navy Island , w hich I trust you
i will accept.
I arrived hero to day and found this place in
I great excitement ow inn to a battle w bicb took place
i last night at "Short Hill" about 12 miles thence, be
| tween a mounted troop of 100 British ianeors, and
; about 2,000 patriots. It resulted in the loss of 4
: lancers, and capture of nearly all the rest.
The patriots are fast gaining ground, and will not
recede till they gain a victory, or all arc totally ertcr.
minuted. This place is garrisoned by 500 infantry,
the *2lth regiment, besides lancers and volunteers
Every person is thoroughly searched before lie can
leave tho place. The steamboat w hich lands pas
sengers front Huff i!o is searched, and all persons
detained, if suspicious. They fear very mueb an
eruption in the place, and for that reason every
hotel is under guard, and every passenger searched
by armed men
(From the National Intel!isenrer ]
A a Army of Pensioners. —Er un a d icumenl com
municated (among others) lo the House of Repre
sentatives yesterday, it appears that the number
of pensioners on the rolls of the several pension
agencies of the Foiled States at this lime is as fol
lows :
Invalid Pensioners 1.1,21
Fnder act of Hlh March, Iflld }»,930
Fn lcr act of 15th May, 11-28 (M 2
Fnder act of7th June, 1332 25,733
Under act of 4th July, 1333 1,932
Total number of pensioners. 41,158
Imports nod Kr ports of the I nifrd Stales. —From
the annual statements of the Commerce of the
I idled Stales, lately communicated to Congress,
it appears that the imports during the year ending
on the 30 lb of September, H 37, have amounted to
$140,989,217; of which there was imported in
American vs; els $122,177,193, and in foreign ves
sels $13,812,021. The exports during the year
ending on the 30lb of September, 1837, have a
motinted lo $117,119,373; of which $95,501,414
were of domestic, and $21,855,902 of foreign arti
cles: Os Hie domestic articles, $75,182,521 were
exported in American vessels, and 820,081.893 in
foreign vessels. Os the foreign articles, $15,725,-
012 were exported in American vessels, nnd s(i,-
129,920 in foreign Vessels. 1,299,729 ions of Ameri
can shipping entered, and 1,2fm,(»22 ions cleared
from the ports of the I idled Slates; 735,703 tons
of foreign shipping entered, and 753,292 tons
cleared during the same period.— //».
Ponnafft >f the Knifed States —ln tlio annual
Treasury statement to Congress, the registered
tonnage for the year ending on the 30th of Sep
tember, H 37, in staled at 810,117
The enrolled and licensed tonnage at 950,980
And the fishing vessel* at 129,257
'I ons, l,H9fi,(*Hs
The total tonnage of shipping built in the Foiled
States during the year ending on the 30th of Sep
tember, 1837, w as, viz:
Registered, 42,313
Enrolled, 30,011
Tons, 122,987
'1 IS( A LOOS A, Juno 20. 77/r C>ops. —Much
complaint is heard in this section of the Stale re
specting the damage done lo the cotton l»y lice,
hul storms, and cold weather—;be prospect for a
good crop is very unpromising; complaints also
reach us from o:lier quarters, hut in some of the
counties we urn pleased to learn the prospect fora
good crop is vry flittering. From Duller and
Jarbonr counties we have go al tidings.
Tli" Mirror says —‘ We congratulate the farmers
on the fair prospects with which they are ul lids
lime blessed. The crops are generally represent
ed to hi jo a flourishing e.ondeion."
d’h,* Ir.vi tj-.ion Herald says—“ Notwithstanding
the it n usual backwardness of the spring we are grail
fled lo learn that tho crops of the adjacent county,
particularly ofeonpare very likely, and promise to
he rn’re abundant than any within the last l.ve
years."
From nil we can learn from our exchange papers,
wo think the er »p o!Corn will be abundant, but
t at cotton will be iniicli shorter than usual. —Flog
of the Union.
[From the li rshrn tiro !>inn t of June 19. J
CHEROKEE INDIANS.
On the 2fiili day of .May lost, Gen. Scott issued
Ids orders to commence tlieoperntkm of gathering
the Indians w ithin the Stale of Georgia. In com
pliance with lids order, the companies stationed in
the different sections of the country, forthwith
commenced operations, and within a few days all
the ( herokec- within the limits of our Suite, were
safely housed in forts, or under the control of the
troops. On Monday of last w eek, there was Up
wards of six thousand at Ross’ Landing, waiting
fora conveyance to Arkansas. On Tuesday or
Wednesday following, some four thousand 101 l on
board ol fl it bottom boats nnd otherwise, for some
point below Gunter’s Landing on the Tennessee
River, where it was expected they would be met
by, and embarked on hoard of Steamboats, for
their new homes in the West. As fur as we have
been able to ascertain, not a Cherokee now re
mains within the limits of our State. What bus
been done in Norih-Ciirolina, we are unable to
say. having receive d nothing from that quarter for
st,me time past, in relation to the removal of the
Cbcrokees. If orders have been given the troops
to commence operations, we are not apprised of
the fact. 'I lie Athens, Tenn., Courier, of Juneß,
Miyg “We understand that but line difficulty is
experienced in collecting the Cherokee#. They
are disposed lo come in quietly and as fast us they
i can be transported to the West. So far a* we are
informed, evry thing is going on, even more har
moniously and expeditiously than had been expect
ed."
In Georgia, the Indians have been treated with
1 great humanity nnd kindness hy the troops, and
appear happy and content in the enjoyment of the
benefits and advantagt s secured to them and their
people, under the provisions of the treaty, since
they have come to comprehend, or view it in its
> proper light.
LINES
ON I.KAVINO THH CITY OF WASHINGTON.
[By a Ladif.\
Farewell to the scene of enchantment! farewell
To the youth and the beauty, lliegcniu* and wit!
How loth to depart I scarcely dare tel;
• But hard, oh much harder, lo go and forget.
Forget, where my country has planted the name
Os him she loved best—of the fir-t of her son* —
The hull of her sages, her boast and her fame,
Her fountains and gardens, her statues and urns?
Forget the lov’d friends I may ne’er sec again,
The kind and the gen’rous, the good and the brave,
The loveliest of women nnd w isest of men?
Oh, not till in waters of Lethe I bathe !
i And him. who presides o’er the councils of state;
The mild, unassuming, yet dignified chief
Os n people now free —can I ever forget?
Or lose the remembrance that once we have met.
No, o’er the rough billows my bark may be driven,
Where the wind and the tempest ih6ir terrors
combine;
Cut alight shall arise, like glimpses of heaven,
While thou, fairest city ! art prebent to mind.
I Then peace in thy borders, and peace to thy walls!
Prosperity long in thy palaces dwell!
To depart—’lis a pang, but stern destiny rolls,
And I leave thee, and love thee ; Farewell! oh,
farewell! C. R. W.
SUPPRESSION OF INDIAN HOSTILITIES.
SPEECH OF mi. HAYNES,
OF GEORGIA.
In the House of Representatives, May 28 and 29,
1838—In Committee of the Whole on the hill
making appropriations fur pieventing and sup.
pressing Indian hostilities for the year 1838,
and for arrearages for the year 1837.
Mr. HAN NLS addressed the Committee os
follows:
Mr. Chairman: When I first came into this
House, iu 1825, it was in the midst of an Indian
controversy between the then Executive of the
United States and the Slate of Georgia; and no
one can regret more than I do, that, after having
occupied a scat here, first and last, for more than
twelve years, and when the period of my public
service is drawing to a close, I should find my.
self under the necessity of once more entering
into the discussion of such a subject. It is with
tho deepest regret, and ahme under the strongest
sense of duty to my constituents and myself,
that I could be induced to take any part in this
discussion. H it. sir, I should be rcercant to the
trust reposed in mo by an intelligent and con
tiding people—l should be false to the honor
which belongs to my character as their represen
tative—it I could sit by and be;'r tlie ilenuneia.
imns which have bee n hurled against the State of
wl ll eb 1 am one of (be representatives, without
endeavoring to repel them. 'Pile wide range of
discussion which has been opened before (bis
committee, rentiers it indispensable that I should
indulge a scope of remark enl ircly beyond what
properly belongs to the bill now under conside
ration. To enable me lo do justice to Georgia,
uninteresting as ii may be, 1 am compelled lo
recur, briefly, to the European colonization of
the American continent. It mu -I be well known
to ibis committee, that tin* various nations de.
scended from European stock, now settled on
this continent, emigrated to the portions coin,
nizeil by I bom upon one great and general pi inei.
pie. 1 may assert, without four of contradiction,
lhal trout tin* lime the standard of Ferdinand
and Isabella was planted on the shores of the
new world by the great man that discovered it,
the European colonies were settled in ibis conn
try upon the prin dple that discovery gave a per
fect right to soil and jurisdiction over every per.
son and thing whatsoever. 1 could not better
lay down the doctrine, in its application to the
aboriginal inhabitants, as if linn been carried out
ami acted upon by every nation which has es.
lablisbcd colonies here, than by a reference to
remarks made by a distinguished citizen of Nias.
saebuscUs [Mr, John Quincy Adams] iu an an
niversary oration delivered by him in commemo
ration ol the landing of lbe Pilgrims at Plymouth
in that Stale, in December, 1802.
•‘The Indian right of possession itself stands,"
says Mr. Adams, “ with regard In the greatest part
of ilie country, upon a questionable foundation. —
Their cultivated fields; iheir eonslrueled babita
lioi.s; a space of ample sufficiency for iheir subsis
tence, and whatever they had annexed to them
selves by personal labor, was undoubtedly by the
laws of nature theirs. Dm what is the right of a
huntsman to the forests of a thousand miles, over
which be lias accidently ranged in quest of prey?
Shall the liberal bounties of Providence to the rare
of man be monopolized by one of a thousand for
whom they were created? Shall the cxlmherant
bosom of the common mother, amply adequate lo
the nourlsbfiw ul of miilioiLs, be claimed exclu.-ixely
by a few hundred of her offspring? Shall the lordly
savage not only disdain the virtues and enjoyments
of civilization himself, hut shall lie control the civi
lization ol the world? {Shall he forbid the wilder
ness In blossom like ihe rose 7 Shall ho forbid the
oaks of the forest to fall before the nxe of industry,
and rise again, transformed into the habitations of
ease and elegance? Shall he doom an immense
region of ihe jdohe lo perpetual desolation, and to
hear the bowling of the tiger and the wolf, silence
forever the voice of liinnan gladness? .Shall the
bills and the valleys, which u bcnitieent God bus
formed to teem with the life of innumerable mnlli
Hides, bo condemned to everlasting barrenness’—
•Shall tho mighty rivers, poured out by the band of
nature, ns channels of communication between nu
merous nations, mil their waters in sullen silence
and eternal solitude to the deep? Have hundreds
of eumnindioiiM harbors, a thousand leagues of
coast, and a boundless ocean, been spread in front
of this land, nnd shall every purpose of utility to
which they could apply he prohibited hy the tenant
of tho woods? No, generous philamliropisis.—
Heaven has not been thus inconsistent in the work
of its bands ! Heaven has not thus placed tit irre
concilable strife, its moral laws with its physical
creation!"
'Pile doctrine contained in this extract is not
only conformable to (he system of English col
oui/. iliou on ibis continent, hut that of every
other European nation which established coin*
nles upon it. From the fieltlemenl of the oldest
of the Anglo American colonies, from tho set.
lleinent of Virginia in Ifillfi, to that of Georgia,
the youngest in 1733, there is, among the ori
ginal thirteen Slates, but a single exception, in
which entire jurisdiction has not. been exorcised
hy them, « i’lier as colonies or Slates, over the
Indians within their respective limits, as will he
found on reference to their statute hooks. Os
all the old thirteen Slates, Delaware olono lias
abstained from the exercise of such jurisdiction;
and if 1 am not very mueb mistaken, alone for
ilio reason that there was not a single Indian
tribe within her limits. A small portion of the
j\anlie,okes were there, hut the body of the tribe
was in Maryland, and subjected to her jnrisdie.
lion. The terms ofi.be statutes of the different
colonies and Stales are various, but the principle
of absolute sovereignly over the aboriginal in
habitants, with the single ex * p( ion of Delaware,
is found in them all. Ii would he < a-y to sus
tain the assertion, that entire sovereignty and
jurisdiction over the Indians was Hie principle
of Anglo American colonization, hy reference
to the laws of the several colonies and Slates
now composing this Union, hut it could not he
necessary to inflict such labor upon myself, nor
so far to tat the patience of this committee. As
this principle of jnrisdiciion over Indians was at
first established upon t he settlement of the colo
nies, so' id our fathers find it at tin* commence
ment oft be Revolution. Well, sir, Georgia
stood upon the same looting, both as a colony
and a Stale, with her sisters on this subject.—
After the establishment of American indepen
dence, when the articles of confederation were
found lo be insnlli dent to promote the public
welfare, and lo s euro the blessings which the
union ot the Stales was intended to establish
and p'. ipeln ifc, when the delegates met iu con
vention in 1787, for the purpose of revising our
form of Government, vv ; find in the Federal
Constitution, that great and glorious result of
their labors, hut a single particular which touch
es al all upon Ihe jurisdiction of the several
.Stales over the Indian tribes within their limits.
In fact, the word “Indian” occurs but twice
throughout the whole inolrument— once in the
clause which confers the commercial power upon
the General Government, and once in relation
to flic persons entitled to be enumerated for re
presentation in I be Congress of the United Stales.
Nor does the Federal Constitution confer any
power upon ibis Government over Indians, ex
cept the single and simple power to “regulate
commerce with the Indian tribes.” We know
very well that for a Jong series ofyears, attempts
have been made so to torture and misinterpret
that clause of the Constitution, as to authorize
the extension of jurisdiction over them hy the
Federal Government in all eases whatsoever;
hut, sir, it is the idlest and absurdcst of all de
ductions that could be drawn from any one
clause in that instrument. Eevcry one knows
(bat the whole commercial power of the General
Government in relation lo foreign nations, the
several States, and the Indian tribes, is embra
ced in one single little clause of the Constitution.
Hut if the power to regulate commerce with the
Indian tribes, confers exclusive jurisdiction upon
this Government over them, it confers a like ju
risdiction over the several Slates, and annihilates
their respective Governments at a single blow.
I repeat, that such interpretation of tho Con
stitution is the idlest and absurdcst inference
AUGUSTA, GA. THURSDAY, JULY 5, 1838.
. which could be drawn from any part «:filial
instrument. lam very well aware that this
may be considered a stale and unprofitable train
of argument on my part; but it is impossible to
; dojustice to Georgia, without, adverting to it.
Sir, in the whole history of the legislation of
that Slate, she lias never, in a single instance,
overstepped tho principles set forth in the ex.
tract just read from the Plymouth speech of Hie
honorable gentleman from Massachusetts, [Mr.
Adams ] nor strained Iter jurisdiction one inch
beyond what all the other original Slates have'
exercised except Delaware, with respect to (ho
Indians. In exorcising this jurisdiction, which
was alike exorcised by the Various colonies or
Slales.it was based upon the principle of entire 1
sovereignly over the whole soil, and over the
whole population within their limit* as colonies
or 8* ales.
Ii is now too laic to inquire inlc the question
ol abstract right to such June.fiction, ii is enough
for my argument to have shown its universal up.
plication to all European colonies planted on
this continent. If the time shall come when it
will be necessary for me lo inquire whether the
the sum of human happiness ba* been increased
by the settlements of European colonics in A
merica, giving lull allowances for its eileclupon
. Ike Ike aboriginal inhabitants, I shall be prepared
In sustain the affirmative, his well known that
. Ike HrilisJi colonics on ibis continent were set
tl< d under the authority of charier* from the
Crown, and lhal the limits oftbe original B’lales
have been settled by them where no conflicting
claim has been shown lo exist. Georgia, like
her sister colonies, was settled under a charter,
hy which her original limits wore so clearly do.
fined, that no contest is believed ever to have
arisen between her and another colony or Slate',
except iliai which involved a small strip of ter
ritory claimed by South (hirolina, and which I
w as amicably adjusted hot ween them al the con
vention of Heanfort in 1787.
Hy the commission of Governor Wright, and
the royal proclamation in 1763 or •!, her limits
were defined to extend from the Savannah to
Ihr S|. Mary’s, and inland from the 31st lo the
3.nil degree of north latitude, and from the At.
kinlie oivnn to the Mississippi. Thus stood the j
extent of her territory at the treaty of peace with
Great Britain in 1783; and thus it continued to
stand until she ceded a largo portion of her ter
ritory—about, one hundred t bonsand square miles
—to the United States, in 1802.
Mr. Chairman, wo have beard mne.li about the
common right of the Union to the waste or unnp.
propiiated lands within the several Slates,
Often ns that question was brought before the
Revolutbinary Congress, and mueb as it retarded
Ilie ratification oftbe articles of Confederation,
some two or three of the States insisting upon
(he establishment of (he principle before they
would ratify I Item, the ratification of all was
filially accorded without it. So far. indeed from
(lie affirmation oftbe principle, it was distinctly
disaflinned as often as it was brought before the
Congress of the Confederation. The utmost
length to which that body ever consented to go
was earnestly to recommend liberal cessions by
■ the Stales owning large bodies of unappropriat
ed lands.
At the close of 1787, or early in the year
1788, Georgia made a formal pronosal to Con
gross to cede a large portion of her western ter
ritory to the United Stales; which, instead of
being rejected because the lands were already the
properly of the Union, was declined on the
ground that the Federal Government was not
then in a condition to meet Hie payment demand
cd for it by Georgia, and for oilier" Considerations
not necessary to mention. Notwithstanding
Georgia was entitled to all the laud embraced
within her charter, about forty years ago, tlie
then President oftbe United Stales, ami u Con
gress subservient to his views, established a Ter
ritorial Government within her limits, although
within tho preceding four years, in negotiating
(be treaty of San Lorenzo El Real touching the
southern boundary of the United Slates, Spain
bad been vanquished upon the title of Georgia.
That circumstance, together with others ol u
local nature, occasioned the assembling of a con
vention in 1798, for the purpose of revising Iter
constitution; which convention inserted a pro
vision in the revised constitution authorizing the
cession of a large portion of Iter territory lo the
United Stales, defining tlpj boundary beyond
which such cession should he made.
On the 21th of April. twenty.five days
after the passage oftbe law to regulate trade and
intercourse with the Indian tribes, and which
virtually repealed that law us lo Georgia, a com
pact was entered into between the United Slates
and Georgia, for a cession of this territory to
(bo United Stales, by which Georgia conveyed
to the United Stales, about one hundred thou
sand square miles of her most valuable land;;,
upon the condition of receiving, sit a period un
certain and remote, the pitiful sum of Jjjl 1,250,-
()()(), and the p-movat of the Indians from the
limit* reserved hy her. The language of that
compact deserves particular consideration. J
do not, bowevr, place the light of Georgia to
jurisdiction over the soil nnd people, and every
thing else upon her territory, upon the compact
of 1802. I place it upon the high and original
ground of European colonization, referred to at
the opening of my remarks, as confirmed and
settled hy the Declaration of Independence,
the treaty of peace with Great Britain, and the
Federal Constitution which now hinds these
Stales together. But if doubt could exist in
any human mind whatever, as to her rights,
that question would he clearly settled hy the
compact of 1802; for, by it. in express terms,
Georgia ceded to the United Slates, “a'l claim
to soil and jurisdiction” beyond a certain limit ;
and the United States ceded to Georgia “ all
claim to soil and jurisdiction” within that limit,
as reserved hy Georgia to herself. The United
States entered at once fully into t lie enjoyment
of “soil and jurisdiction” as ceded to them hy
Georgia ; and who will dare to s ay that Georgia
had not the same right lo enter upon and enjoy
the “soil and jurisdiction” ceded to her by the
United Slates.
By no known rule of construction can one
branch of these mutual stipulat ions he enforced,
and the oilier not. I* it not, then, surprising that
after the United States should have entered at
once, and fully into the possession and enjoyment
of what was ceded lo them by Georgia, we should
find at ibis late day, in defiance of the cession
to her of “soil and jurisdiction” hy the United
Stales, the doctrine set up that an Indian tribe
may hold a position us an independent political
community upon tho soil of Georgia ? I have
■aid that all the colonies, and original Stales of
this Union, exercised perfect and entire jurisdic
tion over the Indians within their limits; and, I
will now add, that the very last ol a I the old
Stales, as she was the last one planted on this
continent, to extend her jurisdiction over the
Indians, was Georgia. Various acts of legisla
tion, it is true, were adopted hy her some forty
or fifty years ago, in relation lo the Indians;
but she deferred the whole and entire exercise of
of her sovereignly over them until within the
last ten years.
The occasion was this: In the summer of
1827, a council of delegates of the Cherokee na
tion assembled, arid adopted, and promulgated,
a formal Constitution, setting up a permanent,
independent, sovereignly, embracing some four
or five millions of acres of territory, within the
limits of Georgia. Notwithstanding the pro.
cccdings of this convention were known to the
Governor and Legislature of Georgia, at its
meeting in November, 1827, even then, Georgia
forbore lo interfere with ibis pretended Cherokee
sovereignty.
In January, 1828, the distinguished individual
who now presides over the Department of State,
> (Mr. Forsyth,) being the Governor of Georgia,
• I communicated a copy of the Cherokee constitu
• \ tion to tho President oftbe 1 uiled Slates. That
: 1 President, with whom Georgia had just triumph-
antly closed the memorable controversy which
; grew out oftbe Creek treaty made at the Indian
i Spring, in February, 1825, being willing, so far
i as might bo practicable, to carry to fulfilment
- the obligations of the United States, lo remove
the Indians from within the limits of Georgia,
, ‘ entered into a treaty with the Cberokees of the
West, in May, 1828, looking, among other
things, to the emigration of the Eastern portion
of the tribe to the West of the Mississippi. I
, speak from a knowledge of the fact, that such
was one of the important motives which led to
the conclusion of that treaty, being, at the time
it was made, a member of the Georgia delega
tion, who were consulted on the subject. It
was understood that a portion of the Western
Cberokees, who made that treaty, returned
through the Eastern portion of the tribe, in the
summer of 1828, for the purpose of inducing
iheir friends and kindred to emigrate to the
West, nnd that, so far from finding a friendly
reception, were abused and maltreated for it.
Hut the opposition oftbe authorities of the tribe
did not slop there.
Al the i iccting of the Cherokee council in Oc
tober, 1828, an act was passed, disfranchising
any Cherokee who might enrol for emigration
to the \\ csl, and authorized any other Cherokee
to enter into the possession of bouses and lands
then occupied by him. It was not until after
the passage of that act that the Legislature of
Georgia extended the jurisdiction ot the Stale
over the (Dierokees, at the annual session in No
vember, 1828. In spile of the attempt to enforce
tho Cherokee law of 1828 against emigration,
the spirit was not chocked sufficient Iy for the
authorities ol the tribes; and in November, 1829,
another act was passed by the council, or, as
would appear from a printed copy of tho Chero
. k''e law s, solely by John Ross, as principal chief,
inflicting a tine of one thousand dollars, nnd the
j punishment ol one hundred lashes, upon any and
every Cherokee Indian who should dare lo enrol
for emigration to the West. As the law of Geor
gia, of November, 1828, was made to meet the
Cherokee law against emigration which prece
ded it, so in November, 1829, the Legislature of
Georgia passed another act to countervail the
1 Cherokee law which preceded it. In both in
stances, it will be perceived that Georgia legis
lation followed (but cd the Cberokees, and was
occasioned by it. It would not be difficult to
show that Georgia haw proceeded progressively
in the same course, basing her legiylalisn upon
the previous action of the Cberokees. It is wor
thy of remembrance that the (’reeks. Chicka
saw* and Choctaws have been removed from the
lands ceded lo the United Stales by the compact
ed 1802; while the Cherokees, after the lapse of
thirty-live years, ami the establishment of two
flourishing Stales upon the ceded territory, are
still permitted to encumber the soil of Georgia.
It the expense of removing the Indians from
Georgia is alleged to her prejudice, my answer
is, that the United Stales have received not Jess
than sixty millions of acres of land as an equiva
lent for do mg it. Surely, upon un examination
oftbe account current, no one can complain that
the United States have made a bard bargain.—
Would the people of this country be willing to
cancel it, and restore the ceded territory to Geor
gia upon being reimbursed what lias been expend
ed in removing the Indians? I think not. The
difficulties growing out of the conflicting legis
lation of Georgia and I bo Cberokees were height
ened by t he depredations mutually committed by
bad men of either race upon the people of the
other, or both. During tin period under n View,
and that which followed it, the question was not
as to the mode in which Georgia should exercise,
or iiad exercised, jurisdiction over the (diorokces,
but involved (lie naked, vital prineiplo of her
right of jurisdiction. Hy what right could any
community, either before or since the adoption
oftbe Federal Constitution, establish an inde
pendent Government within the limits of any
one oftbe States of this Union, I leave to the
adversaries of Georgia, and <Jt fy them lo answer.
Let moralists say what they will, it does not be
come the people of (bis conn try, especially those
oftbe older Stales, to arraign the course of Geor
gia on Ibis subject. Well might she say lo I hem,
“Let him who is without sin first east a stone at
me.” In 1828 and 1829. the. extent to which
Georgia carried her authority overlbet !lierok« es,
was to protect such ol jbat people ns might do
sire to emigrate from the barbarous inilictioi s of
the laws oftbe tribe. In 1839, a Cherokee by
the name of Tassels committed murder upon one
of bis own countrymen, for which be was ar
raigned before the superior court of Hull county
for trial, and upon solemn inquest was found
guilty of murder. I might here show lhal it was
far belter, on (lie ground of humanity, for an In
dian to be tried by the while man’s law than ly
the law oftbe Indian; by the Anglo Saxon in
stitutions than the bloody co le of bis own conn,
ifynicn; by that law which not only requires
proof of the fact of killing, but. which n quires to
be brought home to the culprit malice afore
thought, express or implied. Hut Georgia was
not permitted lo proceed quietly m the exercise
of her jurisdiction over this Indian murderer.—
A hue ane cry was raised against her through
out the whole length and breadth of the land,
and the power oftbe Supreme Court oftbe Uni
ted States was invoked to arrest his execution,
and to take bini away fiom le r authority. A
citation was served upon the. Governor of Geor
gia, ami upon,the Judge before whom the mur
derer bad been tried and convicted; and because
the authorities of the Stale went on lo execute
Tassels in con form Sty with his sentence, Geor
gia was accused of braving and defying the an
thority of the United Stale- . I may ;ay here,
before I proceed further with the narrative oftbe
contest bet ween Georgia and the Cberokees, that
in the case of Tassels there W'as no haste lo ex
ecule the sentence of the law. ()n ihe contrary,
the, day of execution was made so distant as to
enable the unfortunate convict and bis friends
lo invoke Executive clemency fora respite, ami
to memorialize the Legislature for a pardon.—
No mitigating circumstances being show’ll, the
pardon was refused, and he was executed. Hut
even according to the doctrine contended for,
that the Supreme Court bad appellate jurisdic
tion over the ease, under what obligations did
Georgia stand to obey the citation of that tribu
nal? How* she braved the authority of the Su
pr une Court, will be seen by referring to the de
cision oftbe late Chief Justice Marshal, in the
case of C fliens against the Slate of Virginia.—
In considering Vvliat a citation is, Judge Mar
shal says:
“And what is a citation? It is simply notice to
(be opposite party that the record is transferred lo
another ( Turl, w here he may uppour, or decline to
appear; as his jndtunenl or iiieliuulioii may deter
mine. As tile parly who has obtained u judgment
is out of court, and muy l therefore, not know that
Ids cause is removed, common justice requires (bat
notice of ilia fact should be given to him. Dm this
notice in not a suit, nor has it the effect of process.
If the parly doe* not choose lo appear, he cannot
be brought into court; nor i* hi* failure to appear
considered, us n default."
.Sir, if a citation is neither suit nor process a
gainst an individual, I should like to know bow
it can be so against a Slate? Such an idea
would be preposterous in the extreme.
To show, still further, that it was the question
of jurisdiction alone whi b was in controversy,
and not the mode of lie exercise, it is only ncces
sary to refer to the celebrated Cherokee chance
ry bill against the Slate of Georgia, which was
argued before, and determined by lltc Supreme
Court, at its session in 1831. That bill denied
entirely the jurisdiction of Georgia over the Che
rokccs, and prayed the Court t<> enjoin that State
against tho future exercise of such jurisdiction.
And what was the decision of the Court, as de
livered in March, 1831? We shall learn from
the following extract from its decision, delivered
by Chief Justice Marshal himself.
In delivering tho opinion of tho Court, Chief
Justice Marshal observes: “Tho Court lias be
stowed its best attention on ibis question, and, af
ter mature deliberation, the majority is of opinion
VOL.. XVI.—NEW SERIES, NO. 3.
that an Indian tribe or nation within the Foiled
States, is not a foreign Stale in the sense of the
Constitution, and cannot maintain an action in the
courts oftbe United States." * * *
“A serious additional objection exists to the juris
diction oftbe Court. Is the matter oftbe bill tho
proper subject for inquiry and derision ? It seeks
to restrain a Stale from the forcible exercise of le
gislative power over a neighboring people assert
ing their independence ; their right to which the
slate denies. On the several matters alleged in (lie
bill, (for example, on the laws making it criminal
to exercise tho usual powers of self-government in
• heir own country by the Cherokee nation,) this
(’ourt cannot interpose, at least in the form in which
these matters are presented."
in reference to the jurisdiction of Georgia over
the possession of land by Ihe Cherokees, Chief
Justice Marshal says: “ The more question of
right might, perhaps, be decided by tin*Court in
a proper case, with proper parties: but the Courtis
asked to do more than lo decide on the title.
The bill requires ns to control the legislation of
Georgia, nnd lo restrain the exercise of its physical
force. ’I he propriety of such an interposition by
the Court may be well questioned. It savors too
much ot the exercise of political power lo be within
the proper province of the judicial department."
In the closing paragraph of the op nton of the
Court it is observed: “Hit bo true that tho Chero-
Uee nation have rights, this is not tho tribunal in
which these rights are to lie asserted. If it be true
that wrongs have been inflicted; and that still great
er are to be apprehended, this is not the tribunal
whii b ean redress tin* past or prevent the future.”
“The motion for an injunction is denied."
It is very remarkable that after pronouncing
sticl* an opinion as this, disclaiming jurisdiction,
and that 100 for the reason that its exercise would
savor 100 much of the exercise of political power,
in om* short year, the Supreme Court of the U
oiled ‘States should have attempted to arrest the
jurisdiction ot Georgia over one of her own citi
zens, residing in the country occupied by the
Cbcrokees; and still more so that the Court
should have sought to justify if, by assuming the
individual Jo be the citizen of a 8i a,tc; so me eight
or ten hundred miles off, when be line! a perma
nent residence within the limits of Georgia.
If ever there was an attempt by a judicial tri
biunil iu this country lo usurp power not belong,
ing to (lie Government of which it was a mem
ber, that attempt was made by the Supreme
Court in the case of Worcester and Butler against
the Slate of Georgia; an attempt which, 1 ven
ture lo predict, will never be renewed by that
Court against any member of this Union.
The Slate ol Georgia, in the progress of her
legislation for the purpose of extending her juris
diction over the Cherokees, organized counties,
and established her civil and other authorities
within them. In 1831 the Legislature of the
State went the whole extent oftbe doctrine con
(•lined in tho extract from tin* Plymouth speech
which was read at the commencement of my
remarks, by survey ing and apportion ing the waste
lands in the Cherokee country among her own
people, securing the Indians in the possession
of such portions as were occupied and improved
hy them.
There is, in connexion with the legislation of
Georgia, and the course of the principal chief
of Cherokees, one important circumstance
which has not yet been brought to the notice of
the committee. I have said the Legislature of
Georgia bad determined to lake possession oftbe
country, subject to the principle of Indian occu
pancy, to which I have already adverted; and I
now say, that up to the 25th ot May, 1838, the
Cherokees were protected iu the possession of
the improvements occupied hy them to the ex
tent «f‘from one hundred and twenty to one
hundred ami sixty acres, to each bead of an oc
oupanl family. This was Hie etaio of tlio «0.0
between Georgia and the Cherokees, when the
delegation, al the bead of which was John Ross,
urged upon the Executive oftbe United Slates
lo submit the valuation of all the lands occupied
by I Item east oftbe M iasissippi, to the decision of
the Senate, as lias been shown by more than
one gentleman who has already addressed the
committee, and most particularly by the gentle
man from North Carolina [Mr. Graham.]
In February, 1835, that delegation clothed,
as I believe, with the whole povv. r of their Irihe,
being essentially its Government—lor I consi.
del* John Ross as the impersonal ion and emhodi
ment of Cherokee power and Cherokee will—
through the Secretary of War proposed lo sub.
mil the question oftbe valuation of their land
to the Senate of tin: United Stales, pledging
themselves to use their efforts to induce their
people lo accept the awird. 'That award was
made; and the commilt c have already been
told, that, when the delegation was urged lo en
ter Into stipulations on the basis offivc tnillionsof
dollars awarded by the Senate, their own ('special
umpire, they then for the first time discovered
that they bad no power lo enter into such stipu
lations. They could not treat at Washington,
but must treat in the Cherokee nation. Fending
the transaction, after the question bad been sub
milled lotbc S. nate oflbo United States; after
that body bad awnric I five millions of dollars as
an ample indemnity to the Eastern (’berokei s as
the price oft heir n moval H» the West, a v< ry short
time before the proposed inn ting of tboConimis.
sinners of Ihe United States with Ross and his
people in their country, for the purpose of there
consummating the award oftbe Senate, while
Jiie Cberokees were still under the protection of
the laws of Georgia for an indefinite time; John
Ross and bis council transmitted to tbcGovcrn
nor of Georgia a communication, a copy of
which I will ask the Clerk to read.
The Clerk read the following :
Counoll. Ground of the FinuioKEK Nation.
i:. j i '/an, Ot tot r ar», 1835.
Sir :—Tim undersigned, the principal Chief, the
assistant principal Chief, tin* (’onimillee, and Coun
cil of the Cherokee nation, trust you will appre
ciate (lie purity of their motives for tho.' address
ing you Von aro aware of the distressing situa
tion’ in which our country stand**. Wo are tlio
earlier possessors of the soil, which wo yet retain,
but where events, which we have had no share
whatever in producing, surround us with all the
nruiettos and privation* of war,although in a per
fect slate of peace.
Various attempts have been made to arrange nnr
difficulties, and upon conditions which may satisfy
lh*' pcopV. We have been misrepresented, wo have
been slandered. The General Government of the
Failed Stales, baa been swayed by agents of its
own, who do not enter into the feelings of our na
tion, and who adopt, a course in reference to it
which has made the nation distrustful. Tho Che
rokees will only put faith in those whose devoted
ness t«> them lias been tried 'I Ley b.ivc appoint
ed a (K'leg iiion to settle their difficulties. To ac
complish this, they have invested that delegation
with the fullest pow ers. If sources of irritation are
now avoided, we doubt not all w ill be accomplished
which can bo desired on the close of the present
session of Congress, should we not greatly misap
prehend the.feelings of the General Goyornmon’..
Fnder Ihe.-c circumstances, we have thought it
duo to oursoives, to yon, lo the I nited Stales, to
the interest of lii’inanity, to make this representa
tion, and lo ask that you will submit it to the Legis
lature, of which yon arc the,head; and, in submit
ting it, tbatyo. will cnin-al the Legislature, what
ever they may have had the purpose of doing regard
ing those portion* of onr nation which border on
their possessions, to abstain, at any rale until this
negotiation shell bo complete*!, from passing any
law, of sanctioning any proceedings, which may
farther harrnss a people so deeply palled that a re
fusal of irritating measures, el a moment so critical,
might entirely defeat the objects oftboFe who have
nothing tit heart bet the peace and happiness of
their own countrymen, and a permanent friendship
with yours.
We have the honor to be, sir,
Your Excellency’* mostob’t servants,
(Signed) JOHN ROSS, Principal Chief.
GEO. LOWRY, As*. Prin.Chief.
UlCil'D. TAYLOR, IWntN.C.
James Daniell (!ijoonoli*rkee
Jas. I). WoFFAiin John Hinson
Old Fields Samuel Gunter
Hair Conrad Gloiuje Hicks
John Fox Haldrigi: George Still
James Hawkins Richard Fields
Naiiuoolah
Wm. Rogers, Cleric Nat. Committee,
Ins
Going x Snake, S. N. C.
murk
Arciiy Campbell Tarquin
Nark John R. Daniel
Money Crif.r White Path
Sleeping Rahrit James Foster
You no Glass John Otter Lifter
Chunk Kee Charles
O. Olknowa Ciiualokf.r
Kean Stick John Wayne
Walking Stick Situwakee
John Watts Sweet Water
James Spears Peter
Edmund Duncan
Moses Daniel, ClcrhNat. Councils
To his Excellency the Gov'rofthc State of Georgia.
I staled, Mr. Chairman, that at the time this
communication was made to the Governor of
Georgia, the Cherokee Indians were secured, for
an indefinite period, in the possession of their
improvements in Georgia, to the extent of one
hundred and twenty to one hundred and sixty
acres of land for each family. Therefore, thoro
could have been no motive on the part of the
State of Georgia to have changed her legislation
on the subject, unless it was intended to bring
this matter to a close. But, acting on this pledge
from John Ross, the Legislature, in November
thereafter, passed an act securing Indian occu
pants in their possessions until November or De
cember, 1830, reserving to the State the power
still further to extend their right of occupancy.
John Ross and his Council stated to the Governor
of Georgia, that, relying on the disposition of
the Executive of the United States, not starling
any difficulty in relation to the award of their
own umpire, the Senate of the United Stales, but
leaving (Georgia to ret on the clear, distinct, and
unquestionable presumption that they would car
ry out that award by the necessary details; in
consideration of which, Georgia legislated spe
cifically to protect the Cherokee occupants in
their possessions until November, 1830, several
months beyond the session of Congress, within
which Ross pledged himself to close a final ad
justment, still reserving the power of further ex
tension, and in 183(> actually extended the right
of Cherokee occupancy up to the 251 h of May,
1838. In the course of that session of Congress
in which Ross held out to Georgia the promise
of a final arrangement, the treaty of which wo
have heard so much was ratified; and in confor
mity to its provisions, allowing to the Cherokees
two years to complete their removal from ‘.ho 23d
of May, 1830, in November thereafter, the Le
gislature of Georgia extended the protection of
the Stale to the Cherokee occupants up to the
25th of May, 1838. Sir, the whole course of
the legislation of Georgia upon this subject,from
the time the communication from Rosa was laid
before the Legislature, was based upon the faith
of that document.
[At this stage Mr. IJaynep yielded to the en
licalicsofa number of gentlemen, and gave way
to Mr. Underwood, of ivy., on whoso motion
the committee rose. On the following day the
House went again into committee on the same
hill, and Mr. Haynes concluded his remarks as
follows.— Reporter .]
Mr. Chairman, when I addressed the House
yesterday, I had, as 1 thought, closed, or nearly
closed, the remarks I proposed to make as to the
right of Georgia to jurisdiction over the Indians
within her limits, together with her legislation
upon the subject. As I stated to.the committee
at the commencement of my remarks, it was a
subject of sincere regret to find myself under the
necessity of once more taking part in t he discus
sion of this Indian subject. But I will now re
cur, for a moment, as connected with the history
of this subject, lo a document written, or pur
porting l«* have been written, by a (lintiiiguiohod
citizen' of Kentucky, now one of her Senators in
the Congress of the United States, [Mr. Clay.]
Ashland, June fi, 1831.
Dear Sir ; I received your loner of the LttlT
ultimo,describing llie wrongs and sufferings of I hr
Cherokee nation. ()f those 1 have been previously
well informed. In common with n largo portion
of the citizens of Iho Doited Slates, I regretted
them, nod t. % lio sincere*! sympathy with you on
account of tin-in ; I regretted them not only be
cause es their injustice, hut bemuse they inflicted
a deep wound on llie charader of the American
Republic.
I have supposed that ihe principles which had
uniformly governed our relations with the Chero
kee and other Indian nations, Inn) been 100 long
and 100 firmly establish! d lo ho disturbed at this
day. They were proclaimed in llio negotiation
with Great Britain, at Ghent, by tho American
commissioners who concluded the treaty of peace ;
mill having been one of those commissioners, I feel
with nu»ro sensibility than most of my fellow citi
zens, any violation of iheso principles. For, if we
stated them incorrectly, we deceived Great Brit
ain ; and if our Government acts in opposition lo
them, we deceive (he world.
According to those principles, the Cherokee na
tion hostile right to establish its own form of Gov
ernment, and to niter and amend it from time lo
time, according to its own sense of its own wants ;
lo live under its own laws ; to be exempt from Iho
operations of the 1 .ws of the Dniled Slates; -and
quietly to possess and enjoy its lands, subject lo no
other limitation than that, when sold, they can only
ho sold to the Dinted Stales. 1 consider the pro
sent Ad ministration ofiho Government oftke United
Stales as having announced n system of policy in
direct hostility with those principles; and thereby
encouraged Georgia to usurp powers of legislation
over the Cherokee nation, which she does not of
right possess.
Sin h are my opinions, which are expressed at
your request. But they are the opinions of a pri
vate individual, w Inch can avail you nothing.
What (Mtghl the Cherokee* lo do in their present
critical situation ! is a most important question for
their consideration. Without being able to advise
them, 1 seo very clearly w hat they ought not to do.
They ought not to make war. They ought to bear
every oppression rather I lion Ily to arms. The peo
ple of the Dniled Stales are alone competent now
to redress these wrong*, and it is to he hoped that
they will sooner or later apply the competent
remedy.
In communicating these opinion* at your instance,
I have done it with no intention that they should
be published. A publication might do injury, aud
I therefore request that it he tint made.
I feel very thankful for the friendly sentiments
inwards myself, which you have expressed; and
oiler my sinerrs wishes ilia! your nation finally
may obtain justice at the hundfcof the United States,
and may become a civilized, Christian, and pros
perous community.
1 urn, with high respoqt.
Your obedient servant,
11. CLAY.
Mr. John Gunter, ,
There is no member of this committee who is
less inclined lo engage in partisan conflict than
I am hut as apart of the history of the influences
brought lo bear upon tlio controversy then pend
i tig between Georgia and the Cherokees, I should
have felt conscious of doing injustice lo the peo
ple who have confided to me a high trust, if 1
had not placed that communication in such con
nection with this subject as to have brought i*
to their notice. I will advert once more, for t
moment, to the controversy between the authc
l ilies of Georgia and the missionaries Worce
ter and Butler, for the purpose of stating, th
all which Georgia required of them, or anyolh
individuals residing within that portion of h
territory occupied by the Cherokees, was the •
knowlcdgmcnt of, and submission to, the
risdiotion of the Stale.
I might not have thought it necessary to sp
a word upon this subject, if it were not for
impressions made in various parts of this c
try as respects the true motives which aclf
Georgia in these transactions, and if she
not been represented as designedly tram
upon the dispensation of religious and dir
principle. When those missionaries•
the Cherokee country, it was by perrriiss'
the Government of the United Spates, a
law of Georgia under which they were tri
convicted, contained ample provisions I
protection of every individual settled ther
agent, &c., by the permission of the (
nient; and they must have been exec
ambitious of martyrdom, or something eh
tonly to have exposed themselves to th
nal jurisdiction of the State, , , m
[Concluded on next page, J
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DID