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SPEECH OF
WILLIAM C. BAffSOH, of GEORGIA,
On thr Htt making appropriationfor the ruppret
fion and prevention of Indian hostilities, for the
year KVI, and la carry into execution the 1 renty
mad> with the Cherokee Indiant in 183 j, and to
prot i dr for thr ir Hemoral, <Jrr.; and i u vindication
t,f thr policy of Georgia towards the Cherokee*.—
Delivered in ilie House of Ueurcsenlulives, in
Committee of the Whole, Mny 31, 183 J.
[CONCLUDED-]
In consideration of which, tho United Slates
was to perform certain things, as will be seen by
reference to the articles of cession and agree*
incut; and, especially, “that the Uin’cd .Staten
•hall, at their own expense, extinguish, for thr
ute of Georgia, as early as tho sanio can ho
j»caccsbly obtained,on rcaronthle terms, the In
dian title,” dec., to a*\ the lands in their occu.
policy within the limila of Georgia. Did this
compact change any of the constitutional pow
ers of llio Slate, and her right of jurisdiction
over tbu tonilory not ceded to the United Slates,
hut retained? Certainly not. She yielded no
thing within her retained limits; her title to, and
authority over, those limits were fall and com
plclc.
Hut, should any douht exist on this position,
the articles of cession will remove it. The -2
article is in these works : “The United Statu
accept the cession above mentioned, and on tin.
conditions therein expressed; and they cede, ft
the State of Georgia whatever claim, right , oi
title, they may hate to the jurisdiction or toil uj
any lands, tfr,, being within thu Slate. The
United .Slates (as a previous pari of iny argu
ment, I trust, has shown) had no jurisdiction
within any of the States; and the only powers
that she can exercise within a State are del* ga
ted by the Constitution, and not l>y virtue of nr y
inherent sovereign power; hnt still, if it were
otherwise, the 2d article has determined dial
power, so far as it could be determined by acorn*
pact.
Independent of tho articles of cession, Geor
gia ha* the same jurisdiction and the same pow.
c-r over hor territory, and the Indians thereon,
which other Slates possess; with the additional
force of the solemn recognition, that by the com
pact of 1803, the United States ceded to Georgia
“whatever claim, right, or title to the jurisdir
h'ttrr," Ac., she had within the State of Georgia
If she held not the jurisdiction be I ore, she doe;
now.
The intents and objects ofthe compact of 1805
wero particularly to relieve Georgia from flu
payment of any consideration which might In
necessary to satisfy (he Indians for their inert
right of occupancy, although, strictly, they an
tenants at will. The State, at any lime ha I (In:
power to extinguish tho Indian right hy contract,
or in any other form her judgment mid sense ol
justice might dictate. Ilcr power over llm In
dian wan ns unlimited ns over (ho white citizen.
It the Slate cannot exercise that power, what
political power can be exercised according to
the forms of our Government?
When (ho compact won confirmed, which wan
in April, 1803, two tribes of Indians, warlike
und numerous, were within the State of Georgia
—the Creekt and Cherokee*. They wnc in (In
occupancy of nearly one-half oftho whole Stale
and ofthe most fertile and desirable lands. Tin
United Slates was bound to remove them : she
had given her obligation to do so: she hue
pledged her faith to do if. Justice and equity
required a punctual fulfilment of the engage
merit. What has been tho history of this liana,
action ? Many years were Hollered to pa n with
out much effort to discharge this obligation—at
least, no strong manifestation of a sincere desire
to do an. In 1808, an opportunity wan present
ed In the General Government to fulfill the con
vention with Georgia, to the extent of the Gilt
rokeo possessions. She did not embrace it, f'u
causes which wero not then satisfactory to tin
State.
Since tho articles of cession, end whilst the
strongest legal un i moral obligations were con
staidly pressing the United States to the din
eliargi of her stipulations with Georgia, she liar
obtained, by Indian treaties, millions on millions
of acres ol land. State alter Slate lias been or.
ganizuland admitted into the Union—llm popu
lation of several of them now far exceeds that
of Georgia. Yen, sir—and I almost Mush for
(he Ikitliloemess ofthis Government when I men
tion it,—aho has obtained, by ticaty, from the
Indians, every acre of land in the now Slates of
Alabama and Mississippi ; (ho very hinds ceded
hy Georgia to tho United Stales, in considera.
tiun that she should extinguish the occupant light
in that State.
These Slates, the daughters of Oe jrgia,—
though not so extensive in territory as their mo
ther, have outstripped her in production ; and
an Indian dues not own, within either Slate, an
aero of land, except us roservev. An obligor who
should thus act towards Ins obligee would be
pronounced faithless and unjust. Ad. blor who
would (Imin disregard the right« of Ins creditor
would forfeit his character as an honest man.
Yet Georgia has been tliiih treated for more than
thirty years; and now she is accused of rash
neas, intemperate zeal, and excessive importu
nity, in pressing the fulfilment of the compact.
Why did nut this Government, instead of oh
tabling immense bodies of land in the West,
honestly discharge her obligations to Georgia ?
Why did she not extinguish the occupant right
in Georgia, instead of Alabama and Mississippi ?
Tho answer is obvious—the lands in Georgia, il
obtained, wont to that Stale ; the other belonged
to the General Government. Had the infer* nt
born reversed, the Indians within Georgia would
long since have been peaceably removed.
This is not mere assertion : I will demonstrate
it. In 1817, a treaty was negotiated by Andrew
Jackson, (late President,) Joseph .Me. Mum, (for
merly Governor of Tennessee,) and General
David Moiiwether, as commissioners on the part
ofthe United Slates ; und the chiefs, headmen,
and warriors of the Mississippi, ami tho clopu*
ties of:!;-* on the Arkansas river. This treaty
was moit fairly without tho least ini*
putation of fraud from u<>V quitter, and was
unanimously ratified by the Senate oi' the Uni
ted Stales; by which Georgia would havo ac
quired nearly all the lands in the occupancy of
the Cherokee tribe within her territorial limits,
and the obligations of the United Slates would
have been fulfilled.
Mr. Chairman,tho treatment of my State, in
relation to this very treaty, was so extraordinary,
unjust, and unfaithful, that I foul constrained to
osk a tow moments indulgence, in presenting
the facts to this body, that llio Slate 1 represent
shall be vindicated, and the public mind dis.
abused of the misapprehensions so extensively
prevailing. L?t mo road to the committee the
preamble to tho treaty of IHI7, and 1 ask parti
cular attention toil; (6 vul. Laws ofthe United
Slates, p. 703.)
Whereas, in the autumn of tho year one thousand
right hundred and right, a deputation from the
upper mid lower Gherokoo towns,duly authorized
by their nation, went on to the Gity of'‘Washington
—llio first mimed to declare to the President ofthe
United Slates their anxious desire to engage in the
pursuits of agriculture and civilized life in the coun
try they then occupied, and to make known to tho
President of tho United States, the impracticability
of inducing the nation at large to do this, and to re
quest tho establishment of a division-line between
ibe upper and lower towns, so us to include all the
waters of the iiiwatsoe river to the upper town ;
that hy thus contracting their society wnfui nar
row hunts they proposed to begin the establishment
ol fixed laws and a regular go\eminent: the depu
ties from the lower towns to make kuonn their de
sire to continue the hunter life, mid also the scar
city of game where they then lived, and mult r iho.-e
circumstances their wish to remote across ihe Mis
pistippi river on some vacant lands of ihe I nitvd
Status; And whereas the President of the I niud
Stales, alter maturely con-Me ring the petitions of
both parties, on the Wth day of January. A. I>. one
thousand eight hundred and nine, including other
subjects, answered those petitions as follow :
“Thu United States, my children, are the friends
of both parlies, and, as (at os can be reasonably
asked, they arc willing to satisfy the wishes of both.
Those who renmiu, may bo assured of our patron
age, our aid, und good neighborhood. Tho.-.' \\ bo
wish to remove, mo permitted to send an exploring
party to reconnoitre tho country on the waters ol
tho Arkansas and White rivers, and the higher up
iho belter, us they will be the longer unapproachod
by our settlements, which will begin at ihe mouths
of those rivers. The regular districts ofthe govern
ment of St. Louis, are already laid oil to tho St.
Francis.
“When tills party shall havp found a tract of
rounlry suiting the emigrants, and not claimed by
other Indians, we will arrange with them and you
tho exchange of that for a ju.si portion ofthe coun
try they leave, find ton part of which, proportioned
to their numbers, they have a right, K\ery aid
towards their removal, and what will be necessary
for them there, will then be freely administered to
them.; and when established in their new settle
w« *’**, w« shall erill connd« r Ui-tu a* cur children.
give them the benefit of exchanging their peltries |
fur whatlhey will want at Cur factories, and always 1
hold them firmly by the hand
And whereas tho Cherokee*, relying on the pro- 1
misen of tho President of the United Stales, ns 1
above recited, did explore the country on tho west
side of the Mixsntippi, and msdo choice of tho
country on tho Arkansas ond White rivers, and
settled themselves down upon the United States
lands, to which no other tribe of indiam* have any
just <1 iim, and have duly notified the President of
ihe United States thereof, and of their anxious de
sire for tho full mel complete ratification of his tiro*
mis*. n;,o to that end, ls notified by tho President
, of ,no United Stales, have sent ontneirogeiiU with
. full power to execute a treaty, relinnuisning t<» the
i Uinied States ull (be right, title, and inter* *1 to all
land* of rigid to them belonging. n« part of the t In -
rokeu nation, which they have left, and which tin y
J are about to leave, proportioned to their numbers,
including, with those now on thu Arkansas, those
i. who ore about to remove thither, and to :i portion
h of which they have an equal right, agreeably to
their numbers."
:i | The “lower towns, ’* who thus male known
», I their desire, in Ihe year 1808, to continue the
,! hunter life, ami also the scarcity of game where
d they then lived, and their wish, under those cir
j. cuinstances, to remove across the Mississippi ri
ver, on sonic vacant land ol the United Stale**,
i. wore chiefly that portion of the Gberokno tribe
! | who were in the occupancy of Ihe land;* which
h j the Uni"- I Stairs worn to obtain for Gcoigia.
, 0 Notwithstanding this dlspoMlio iof thr Indians
fu to surrender their lands as early us 1808 the
ir I United Stairs did not embrace it, hut, on the con
frary, abandoned her duly, and made no ctloil
iu I to obtain the land until Ibis treaty of!8l7, which
,- extinguished the occupant right of the Chcro
„ k. e Indians to nearly all tho lands con'empla
te l hy llio compact of 1803. Georgia now
thought hcrjunt rights wore scoured; and that
>• soon In r forests woiil I become field?*, and her
c population increase. Notwithstanding these just
I expectations, thin t reaty of 1817, against which
no alh g iiioii had been made of fraud or injus.
i tire, unless il was considered a fraud in the Uni
. I led Stales to comply with her contract, and to
.. > hive done an act of justice to Georgia, was, hy
, or! iMs ofconvention made between John G. Gab
,| houn, Secretary of War, being specially author*
~ ized ihorcf'or by the President ofthe United
, St at* I*, and tho chid-* and headmen oftho Cher*
r . ok* «• r» I'ion of Indian#, duly authorised and cm
u# powered hysai 1 nation, at the city of Washing
ion, on the 37ih February, 18lf), readjusted,
ami, so far as the interest of Georgia was involv
,o cd, im iiHinably abrogated, and, on its very face,
JC virtually declared that the United Slates did
ml intend to comply with the article?* which
ro she wan solemnly pledged to fulfil. Sir, let mo
r read to the committee the preamble of this llca
,o lv:
f “ Whereas n ''renter port of the Cherokee nation
! have eipre* eu an eiiriiest desire to r# main on inis
1 k <le of iho Mississippi, and being desirous, in order
1 to eoimiieiKM) iliom ineiiHineH vvliieh lin y deemne
cessnry to the civilization mid preservation of llieir
t nation, (hut llio Ircnly between ihe United Stales
o and lhem,signed the eighth of July,* iglilccn linn*
dr« d it ml *> \ ■ ntecn, might, w iihout further delay,
lH or the ironMo or expense of taking the census, as
stipulated in the mid treaty, In? finally adjinled,
' liavc Mitred to cede to the I ’nil***! Stales a tract
,a of oountry at least as exitnaive as that which they
prob ihly are eninled to under us provision*, the
c, contra, ling parlies have ugited to and conclude the
io following articles.”
ic 'J'Jiiih, hy this treaty, arrongerm ills are made,
d and measures a topic.l, hy which llio Indians
y were to remain cast, of the Mississippi, within
tho limits ol Georgia; ami llie In u'.y ol ibl 7 to
*• he sol as I 10, in the violation oftho vested rights
i- of G ■ rrgia under that treaty, and with rceklnss
it disregard of llm oldig.itioiiN of llio compact. Ily
0 thia treaty ol 1811), the Gheiuk.-o nation ceded
1 • to the United Staten all oflheir himlH lying north
i- and east ofthe following lines, viz:
“ll* ginning on tho Tennessee river, nt llio point
•r where llio ( herokee honmliu y wuh Madison conn*
10 ly,inllie AlubaniaTerritory,joins tire sumo; tinnier,
along tin* main channel of said river, to the month
, c of llie lima See; llienee, n'ong its mailt etmniiel lo
( lie* first hill w Inch Mom sin on mud nVur,about lv\,i
miles above I liw issee old town; llienee along the
ridge vvliieh divides ihe waters ofthe ifiwnssce ami
,fl I ml*? T< Itieo, to the 'fenm ssve river, at 'ralhissce;
:H thence, along the main channel, to ihe junction of
r- llio Goweo and Nnnti yalee; iheneo, along the
i. ridge in the fork of mud nvt r. lo ihe top ofthe bine
j ridge; iheneo, along the blue ridge, to the Unieoy
r tnrnpil.e read; llienee, hy a straight line, to the
n nrost main source of llio ( hesiaiee; ihom e, along
'■ 11 s main ehannH,lo the GlmUuhouclne;and thence,
l \ lo the ('reek boundary.”
'! lam thu:* p.micular, Mr. Chairman, lo show
tin* treatment Georgia bus received; to present lo
'■ llio people of the Union the injustice she has
,l Hollered, the patience she has exhibited, the Chris
tian forbearance which haa marked her submi? -
fcimi amidst the ( inharrassing difiicnlii. s and
'■ disappointineiitH which this Government caused
by its neglect of solemn engagements. Kemem.
11 her, in 1817 our rights weiu partially regarded,
“ and our territory oblaine I. Li 1811) our l ights
r uivosled, our pmapecis bligliod; thu Lidiam*, in
a Ntead of being icmovud, were urranging for
I permanently n maining, and this Government
'* approvingthiso arrangoinents; and if Georgia
II utters a complaint, files a protest, or uses that
‘‘ "ultima ratio” of some politicians, remonstrance ,
*’ she in charged with violence, cruelty, uml ha-
tred to tho Indians. Su*di conduct is insulting
’■ to the feelings of every Georgian, disreputable
* to the General (jlovernment. Look at the sales
j «*f public lands in the Slates of Alabama und
'.J Mississippi. You havo received llm proceeds;
and how have yon compensated Georgia for all
11 this? Have you discharged your obligations?—
( * have yon acted in good faith? No, sit; to vin
dicalo yourself as a Government, and us an ohli
' gor, you hav** Hlandered your creditor; when she
lia.* request(*d payment, you speak of her impor
*' t unities. Sir, llio whole conduct of this Govern.
' incut towards Georgia, on this transaction, has
■ been faithless ami dilatory. Why has it boon
so? More avarice; a desire to obtain for herself
1 to procure millions, for her own use, by neglect
* of her obligations tons.
To add to all (his, in making this treaty of
f 1810 and others, you violate the compact, by
* placing il out of the power of thu Government to
s discharge it; you guaranty in fee simple six bun
died and forty acres to each head ol an Indian
■ who resides within tho ceded territory,
' who cliDouJ in become citizens of tho United
■ Stales, &e. U (Jim c.\L ,, ‘t?uishing the Indian
* occupant rights for the use ol ; No, sir,
for the use oftho Indian—he or she is to na*o
llio absuluto fco, and the eunsequont right of in
* dividual alienation or sale to whom lm or she
* pleases. And yet Wc are told, Georgia is 100
[ cl unoroiis.
■ .Mr. Ghainnan, I ask of gentlemen who have
so Irequently expressed thcmst'lves unkindly, if
' they are not convinced of tho injuslieo of their
censure? In 1808, the Cherokee* in Georgia
were anxious for a treaty; the Government, per.
1 | haps, was too much involved in foreign dilfi ml
| tic* und embargoes t » attend to such mailers:
1 we did not protest at that lime—no, sir, not even
* remonstrate. Georgia saw llio position of the
1 nation, and patriotically awaited a more favora-
J bio condition of the country; she indulged her
' debtor. War, in the mean time, was declared,
. and all its evils, and perils, and sacrifice* freely
> encountered, and hy no Stale more freely Ilian
r by Georgia. Peace was restored; unusual pros.
■ j perity »ptung up; llio Government was basking
1 ■ in a glorious sunshine; and Georgia, who had
‘ 1 contributed her share in tho struggle, and so
' verely earned her proportion of the la ne, asked
t onco more, in 181(5, that the compact of 1803
■ should he executed. Her request was responded
! to, and she saw, as she supposed, an end olTlii*
! exciting controversy. Hut, unfortunately, she
‘ ] was mistaken; soon she In ard of local jealousies
‘ | —Carolina and Georgia feeling; (ho great men
I which the war had given birth began to aspire;
, individual jealn.-sies commenced taking mol;
“ trillvs light as aii ” soon increased the flame
r into a blaze : the end ot all this lias been an in
jury t* i hi* entire South. Wc then heard ofthe
* duty the Government owed lo itself to prepare
lm the payment of the public debt incut red bv
the wai; il was a patriotic object, ami a praise
, worthy suggestion, and should have been done,
but not at the expense of the faith oftho Gene!
i ral Government in Georgia. To disencumber
* the Government of her debt, taxes hid been in
-1 creased by the tariff of 1SI6; lands were obtained
’ lor the purpose of sale, so that the proceeds might
go into thu treasury of the Union. The treaty
of 1817 obtained lands for Georgia, for which
■ the General Government had to expend, not re
ceive; hence the modifications of the treaty of
1817 by the one made at Washington city, 1819,
by which Georgia lost her lights, and the rich
and fertile lands of Tennessee and Alabama
were obtained, sold, and the proceeds applied in
, payment of llio public and other debts of this
Government. To all this, in 1819, Georgia re
rnonftrnted and submitted— injustice increasing,
a* it always docs, by submission to it. The
spirit of the Slate, under the auspices of the fear.
1 less, able, and honest Troop, threw her a step
beyond this gloiious remedy of remonstrance—
upon the sclf-prolccting and conservative rerne
dy of Stale interposition—call it by what name
you please—none better than Nullification.
Since the year 1819, we have been continually
told that no treaty could be obtained on peacea
ble and reasonable terms. And why, sir? Be
cause the treaty of that year indicated lo the
Indians a willingness on the part of tho Govern
ment that their location should be permanent;
that the compact should not be enforced: but,
above ail, a new infl lencc and a moral power
had arisen amongst the Cherokee#, which began
then, and lias ever since governed that tribe;
* white men, many of them foreigners, who had
! taken Indian wires, were numerous, and by
\ their alliance soon had great influence. Incur
children grew up, many half-breeds, onc-fonrlh
, and eighth Indians, were well educated; parents,
who through llieir intelligence and cunning had
! become rich, and were able to educate their chil
dren. This class grew into a complete arisloc
racy; having all the wealth, the intelligence, ’
and energy, impelled by the great ruling mo. |
’ lives of human action, a/arice and ambition,
soon took the entire control of the tribes. No
1 people on earth exhibited distinctions in society
‘ more completely aristocratic. Finally, these
mixed men became the mind of the tribe—com
pfelely despotic. Tho annuities duo the people
by this Government, an 1 the whole of their fi- |
’ nances, soon became an object of systematic and
legalized plunder. To give this system a patri
otic coloring, a republican form of government
must be instituted. In 1838 these while men,
half-breeds, actually formed a written con
slilntion, very much in spirit like tho constitu
tions of llio .Slates. They had legislative, ex
ccutive, and judicial departments. The mem
bers of council, their chief executive, and their
various circuits, judge-, clerks, sheriffs, &,c.,
were filled—will whom, sir? Ymir Bosses.
Gunters, Taylers, Hick es, Martins, Fields.
Hmhyliead;*, Sl \; men of sense and cunning,
who received salaries Ju-l in pmpoition to the
| annuities and other receipts. There were but
few of your Sleeping Babbits, Going Snaki s.
Standing Turkeys, whole bloods, who held office
or received salaries. No, sir, such know nothing
of the frauds in governmental appropriations,
* and the other arts of tho while man. They
know nothing ofthe annuities or of their dispo.
J sitjoi.; like all other full blooded Indians, they
( are ignorant.
This government went into operation as inde
pendent and sovereign, exercising civil and
criminal jurisdiction.
The question hero presented ia important, and
involves directly and vitally the doctrines of .State
rights. Hint Georgi i the right lo extend her
jurisdiction over the Gherokees, and abolish this
independent and sovereign government of theirs !
Most clearly; “for, hy the Revolution, the duties
as well as the powers of government devolved
| on the people of tho Slate. Il is admitted that
among the latter w c.ro comprehended the trail
i Hcondant powers of Parliament, ns well as those
of the executive department.” 4 Wheaton, 451,
l * case of Dartmouth College r*. Woodward. In
IJ llie ease of Huckner os. Findley, 3 Peters, 591,
the Kamo principle, it is decided, applies to the
. Slates; “for though they form a confederated
h government, yet the several Slates retain their
1 individual sovereiffnlies, and, vvi h respect to
' their municipal regulations, arc to each other
foreign." “These powers of government [in the
* language of Judge Hddwinj which thus devolved
on Georgia hy tho Revolution, over her whole
1 territory, are unimpaired hy any sui render of her
1 temloiial jurisdiction, hy the old confederation
or (lie new constitution, as (here was in both an
I express saving, as well us hy the tenth article of*
the amendments.
“ Hut if any passed lo the United Slates hy
J cither, they were retroceded hy the convent ion
, of 1803. Her juris.fiction over the territory in
. question is as supreme as that of Corigrers over
| what the nation has acquired hy cession from
. the {Stales or treaties with foreign powers, coni.
I billing the rights of the Stale and General Go.
vcrnnient. Within her boundaries there can hr
‘ no other nation, community, or sovereign power,
, which this department can judiciously n cognise
, us a foreign slate, capable oi tie mu tiding or ela nr..
’ ing our interposition, «■> as to enable them lo ex
ere iso a jurisdiction incompatible with a save
r reignityin Georgia, which has been recognised
, by tbe constitution and every department of this
Government acting under it.” “ Indian row.
reignity cannot bo roused from Us long slumber,
and awakened into action by our fiat. 1 find no
I acknowledgment of it by the legislative or cxc-
I cutiVe power.” The light of tho Slate being
established, it then becomes a question of expe
diency, depending cut ircly on (he legislative will
of Georgia, whether the Gherokec government
should he abolished, and the laws of the State
extended over (lie Indians.
Georgia delayed the exercise of this power;
she fell unwilling to do any act which might
change the habit* of tin? Indians, or limit them
in their pursuits ; site determined lo forbear as
long as the Cherokee people were capable of
self-government, accoiding to llieir habits and
customs Many years ago the authorities of
i Georgia saw tho approaching difficulties—the
I evils that were accumulating. That country,
; notwithstanding your intercourse law*, became
| the home of while men; foreigners from every
- part of Kurope, stragglers from all parts ot’ tin
Union, gathered (here. They saw a good pros
peel for infiuence and speculation. These men
. became connected with the Indians. The fa
ther ol John Ross Was a Scotchman by birth,
married a ('herokee, settled himself among them,
, enjoyed all the rights of tho tribe, accumulated
property within the limits of Georgia, without
discharging a singular duly to the Stale ns a
citizen, and denying allegiance and obedience
to b«:r, as many others did. The consequence
was, large families of lialf.brccxls grew up intel
ligent and well-educated men. Snob men as
, Ross, Vann, Martin, Gunter, Rogcia, und linn.
dredsof others, may bo cunsideied, from their
i complexion, white men, not Indians. They
claim lo ho Indians, with the intelligence am)
I color of while men. This class of the ('hero,
i kee peo| 1 • have become very wealthy, and how ?
Hy the advantages \\h eli education and intelli.
gencc give over ignorance, combined with the
auVantago of living without taxation of any
kind. Tilt- proceeds of labor, the annuities, ami
the moans generally of the tribe, found tl-eir way
into tho pockets of these men. Tin so while
men, who owed no allegiance and paid no taxes
to the United Slates or Georgia, discharged not
a single civil duly, fought no battles, and were,
in fact, exempt from ull legal responsibility, on
the soil which of right belonged to (he Stale.—
They had become “squatters” on the best lands,
ami had largo plantations, with large number*
of slave and full-blooded Indians cultivating for
them, I clause they married Indianshalf-bloodcd,
with a fourth of an eighth ; and their children**
children, almost purely white, continuing the
same schemes. These are the “ Cherokee*” who
havo been anxious (when these half-breeds and
whites did not oppose) since the year 1808, to
go west of tho Mississippi. These men—ln
dians in nothing but the name, not so in color,
or in character— would not willingly treat with
the United Slates, unless they derived all the
advantages, as they now have all the power ;
and for tho last twenty.five years, whenever a
treaty lias been elVcolcd, it has been through the
influence of these men, who made the treaty, so
that they might Ik? profiled hy it. These arc
facts known to every Georgian and Tennessean
near the Indian territory; hence it is that any
treaty giving all the heads of Indian families
equal benefits and proportions ofthe money paid,
will be opposed by such men as have ruled that
unfortunate people for many years. If the fiw
millions lu.l been given to “iho government”
ofthe nation, which is John Ross and hi* friends,
instead of (he common Indians, there would
have I) ;cn but little dissatisfaction.
It has been urged that il was not only beyond
the constitutional authority, but inexpedient, for
the Slate to extend hi r civil and criminal juris
diction over the Gherokees, and thereby al Jish
llieir organization. This is an extraordinary
mistake lor gentlemen of intelligence lo make,
when it is notorious that the old Stales of the
Union, and nearly every new Slate, has done
the same; and for violations of the laws thus
extended, Indians havo been hung, confined in
the penitentiaries, and punished otherwise by
many ot the Stales of this Union. But still it
is nevertheless wrong, in the opinion of certain
gentlemen, for Georgia to do so.
This independent Indian government, exerci
sing ull the powers anfl franchises of an inde
pendent sovereignty, enacted laws which a so
vcrcign power alone had a right to enforce ; al.
this, 100, in the midst of a Stale—one of the
Stales of the Union which aided in the forma,
lion of this General Government, and whoso
sole and complete sovereignly, within her char
tered limits, was undoubted and unquestionable.
Sir, I ask what Stale has submitted, or would
submit, to such assumptions of power and juris,
diction over her territory 7 None, sir.
But this is not all! our citizens were murdered
within this Cherokee jurisdietion-lho traveller.
innocent and unsuspecting, waylaid and ossaes,.
nated—robbed of his property insulted and as-
Daubed by Indians and while men, claiming to
bo citizens of the sovereign State of Cherokee ;
and the only redress that could be invoked, was
from a pretended independent sovereignly, in
dependent of Georgia, hut within her limits,
i At the time this new Slate was formed, the gen
tie man from Massachusetts (Mr. Adams) was
tin: President of the United Slates. In his
message to Congress, in 18:28, whilst speaking
of our Indian relations, and especially ol their
pretensions to sovereignly within the Slates, lie
says : •* We have unexpectedly found them (the
| Lilians) claiming to be independent of om s, ami
rivals of sovereignty within the territories °l
the members of this Union. This slate of things
requires that a remedy should bo provided a
remedy, which, while it may secure lo the mem- |
Imth of our confederation their rights of save,
reignty ond soil” sr.
Yes, sir, these am the views of Mr. Adams, j
on tins subject. He says “ this state of things
requires a remedy.” Wha! political [tower could
apply the remedy ? Who had the right ol ;
i abolishing this Cherokee independent sovereign,
ly within llie limits of Georgia t Why, the
Stale of Georgia, which alone ha I the right of
sovereignly and supreme jurisdiction, and which
was coextensive wi h her charter limits ; and
she did so,
Mr. Chairman, there were other causes de
manded of Georgia I his extension of her laws—
additional circumstances which urged the adop.
lion of that measure. She was cut off, hy the
teni’ory in the oc-uparmy of the Che rokets, en
tirely IVoi i Tennessee, and parts ol (ho States ol
North Carolina and Alabama; so llial between
Tennessee and Georgia there was a distance
I through the Indian settlements of about twenty,
i five mites. The moth* r, whose residence was in
■ Georgia, who desired to \isil her daughter who
• resided in Tennessee, c*uld not enjoy that hap.
I piness, in consequence of apprehensions ol being
! outraged in her feelings, if not endangered in
I her person, in passing through the Indian lerri.
lory, hy the Indians or the proflgatc whites who
had taken refuge here. Facilities for iiilcrconm
1 between the Stales were not admitted; no roads
of any kind could be constructed; no bridges
erected: no woik of any kind carried on by the
Stale to facilitate commercial or other inter
course. G orgia, thus deprived of the direct
trade from the Wi st, droves of horses, mules,
and hogs, going to Georgia for sale, were com.
polled to travel a gicai distance out of a direct
\ route, to avoid tin- Indian countiy, and procure !
grain for their stork; and the same causes im.
peded the transportation of merchandize from
our A'lantic cities. All this operated severely
on the Georgians, who purchased from the
\V< stern tradesman Ins stock; for the consumer
had to pay Iho increased expenses of the cir.
i codons route to market. All this because the
Cherokee.s claimed the umcslraiiied right to the |
, country. But, in addition, the gold mines were |
discoveicd in that section of Georgia* VVlial j
was the consequence? Why, sir, from every \
mc< (ion of the United Stales, and from ail parts •
I of Europe too, people began to gather there; a
more hilerogmeous population were never con. j
gregaled anywhere; almost every nation and
every longue were seen and heard; they were (
subject to no law that could lie executed under j
the circumstances then existing; hence outrages j
were constantly committed there in violation I
both to the laws of God and man. The country
not being organized, that region was overrun
with dissolute foreigners and others, who had
taken possession ot' the gold region without the
semblance of authority, and outraged all the
rights ol the Stale. These inlruih rs lore op the
land in search of gold, to an alarming extent,
and exercised all the rights of absolute owners,
mo fur as the use of soil was involved—commit,
led every trespass, and were ficquenny on the
eve of civil commotion among themselves. The
laws of Georgia rouhl not then be tally ex cii
ted, because there were not cit izens settled with
in the country to aid tin ir execution.
In this state oft lungs the General Government
attempted III* execution ofthe "intercourse law,”
and st ut a military force into the country, under
the command of a Federal officer. And, sir,
what was the result? A ridiculous farce. Such
were the numbers and power of these individuals,
that they were not easily claimed; they hail
strength enough to defy the Federal forces: hut
they did not desire to fight, but preferred laugh
iug at you. Sonic were arrested because they
had violated tin? intercourse law, but were di.<-
j charged by habeas carpus, on the ground that
I the Slate of Georgia bad jurisdiction over her
; territorial limits, ami (lie General Government
' no authority within thorn. The Stale finally
sent in'o the country a guard—a power neither
military nor civil, but partaking of both* That,
ton, fade'l of success.
le t me ask, was a sovereign Stale to permit
such disorganization?—a State which in nil her
relations, in the language of our own Troup,
(whoso u political character and principles arc
i admired by his friends, and respected hy his ene
-1 inies,”) “lias evinced a sincere desire to harmo.
i nizc with the Union; to maintain peace and
, ; tranquility with the Indians, until longer for
hcaranec would cease to be a virtue: in fact, to
1 lend ourselves, as we have always done, heart
and hand, to the support of every wise and vir
tuous administration ofthe Genera! Government.
E l it be remembered that Georgia has a deep
slake in luc pro apt decision ofthe present quca
lion. Ol all the old Slates, Georgia is the only
one whoso political organization is complete;
her civil polity is deranged; her military force
cannot he reduced to systematic order and sub
ordination; the extent of her actual resources
cannot lie counted; the great work of internal
improvement is suspended; and all because
Georgia is not in the possession of her vacant
territory—a territory waste and profitless to the
Indians, profitless to the United States; but in
the possession ofthe rightful owners, a resource
of strength, of revenue, ami of Union.” This
was the language of that statesman and patriot,
George M. Troup.
Sir, until Geoigia exorcised her jurisdiction,
ami abolished this Cherokee sovereignity, she
cogld not proceed in the great wo;k of internal
improvement. I o gratify the hypocritical sane,
lily of designing politicians, and the mistaken
z al of religious fanaticism, or the selfish designs
of .1 dm Hi >bm, must Georgia suspend the great
woik of uni'ing l.y railroad the Western waters
with the Atlantic, and thereby opening a great
highway lor Western trade direct to our sea
ports ofthe South ?
To remedy all these evils, and secure peace
and subordination, what could the Stale do ?
Ju>t what she has done, sir, and nothing else
—extend her laws over the country; exercise
; her criminal ami civil jurisdiction : and this she
1 did in 1821), hnl to go into operation in June,
IK)); which law was necessary to the protce-
I lion of the Indians, the soil in their occupancy,
the character and rights ofthe Stale.
Bui it has boon said that Georgia extended
not only her laws over the country, but also took
possession of the soil. Yes, sir, she did ; reserv
i“g the occupany of the Indians to a very am
pie extent, greater than any other Slate; and I
j invite a comparison. If ol Iters have been kind,
we have been kinder ; if they were liberal, wc
have been more so.
How could the civil authority ofthe Stale be
enforced, unless the country was organized into
counties, and officers residing in them to carry
out and execute those laws? It was the only
com no, belter than a military government, to
preserve the peace of the country. Honco the
formation of counties; their organization and
settlement hy a population intelligent audobedi
cut to the law—men of character and respecta
bility. I submit to the country the legislation
of Georgia, ami ask an honest comparison with
the legislation of any other Slate. Georgia has
tru’y subserved the cause of humanity and jus
lice in the steps she lias taken to protect herself,
the Indians, and her citizens.
I have ollcn had cause of excitement, if not
resentment, on this subject. I feel it due to the
Stale I represent, and to myself, in all sincerity
and truth, and in a spirit very different from
vain boasting, to say to such gentlemen as have
determined to go against the bdi, and the appro,
priaiions in it intended to carry into execution
the Cherokee treaty, and to sustain a military
force in the Cherokee country, to prevent hoe.
lilitics, and to protect the lives of our citizens,
that if they are now unwilling to do so, and are
not satisfied that Georgia has been justified in
her course and that you intend to maintain Ross
and hb party against the treaty, and |eavo that
Stale to protect herself, say bo. And if this be
your object, for one, I will say, withdraw your
Federal troops, recall your legions, declare that
this Government will not fulfil the compact ot
1802, notwithstanding her long deferred obliga
lions. Let these thing* be done, and, my life on
it sir, Georgia will carry out the treaty, and as
sert all her rights under the compact of 1802
Then, sir. let the gentleman from Virginia
come, at the head of an army, “to castigate the
Slate;’* I promise him that he will be met the
first foot-print that he makes on the soil of
Georgia; and I shall be greatly mistaken if he
docs not find it much easier and more pleasant
to talk here in these walls of castigating a Slate,
than to do it. Georgia has not asked you to
throw your protection around her; she has asked
you to carry out your treaty, honestly to fulfil
your compact; to remove the Indians, to send a
force to doit, and prevent them fromcommiling
depredations on our citizens. That Stale un
(hrHtand* her rights, and can protect her citi
zens. But she desires to rid herself of the Indi.
J ans in her borders without the shedding of
! blood. In parting with these neighbors, she de
sins to do it in peace; ami if she docs not, it
will he the fault oflliis Government. But gen
tlemen on this floor, who reside more than a
I thousand miles off, and many of whom can
scarcely tell how their neighbors five miles from
them manage their domestics or children, bold,
ly and unhesitatingly pronounce judgment on
the people of Georgia, and claim to direct their
legislation and their conduct, and to judge of
the propriety of their measures. This is not a
question to be used for party purposes; the rights
of Georgia and the lives of her people arc not to
lie wi ightd by electioneering balances; such
considerations deserve and will receive the con.
tempt of every honest man. All the tendencies
of Ibis discussion, as conducted by gentlemen in
opposition to these appropriat ions, aic to inflame
l!u Indiana; and if Ross and his associates, who
am now in the gallery, wm* not sensible men,
war and bloodshed would be tin: inevitable con
sequence. It is well that the common Indian,
whose nature is revengeful, has not heard ibis
debuti; nothing could bo belter calculated to
ii-flauic him. It is a subject that, it' discussed,
should be done with calmness, and with a view
to the peace and safety of our citizens, and the
Indians.
But what were those laws which Georgia ex
tended over tin* Indians? They were the same
which operated unononr own citizens: for crime,
the punishment the same for the name offence; in
their contracts they are cautiously protected—
wisely so.
To close lluh review, I invite gentlemen cast
or west, north or south of Georgia, to point to a
single case where an Indian Imh been subjected
' to cruelly or arbitrary punishment. On the con.
1 trary, they have been protected, protected by the
law, and by a kind ami generous people, and
mme are more so than the citizens ofthe Cher,
okee counties. Some of the present generation
may condemn, but the lime will come when the
policy and conduct of Georgia ami her people
1 will ho appreciated by all; and whenever that
time arrives, I do not doubt that the unanimous
! opinion of all unprejudiced minds will be, that,
i in the necessary exercise of her constitutional
• powers, the policy of the State has been char
acterised by u forbearing kindness and enligbt
| cued humanity towards a powerless runt.uni of
an unfortunate race.
Mr. Chairman, 1 will now turn my attention
| fur a short time to some gentlemen who have
have preceded me in this debate. 1 take no
l pleasure, sir in discussing of ma'tcrs having lit.
lie or no connexion with the subject under con
sideration, nor should I now do mi, but from an
imperious sense of duly. In answer to some re.
marks 1 made a few days since, on the P.esi.
dent’s message ami the propositions from the
War Department, in relation to the Cherokee
treaty, mu* li has been Nai l during this debate.
U lien the message was communicated and
nad to us, I Mjioko freely. 1 knew that it would
be pro.'uelivc of no good, but, in all probability,
wmd 1 lead l<i bloodshed—a least to confusion
and delay in the execution ot* the treat v. And
1 (old the II misc, it the Govcruimul undertook
to postpone the citizens of Georgia in taking
possession of their lands, that a conflict be
tween the Stale Government and the General
Government would inevitably ensue ; for I knew
the Governor of Georgia would execute the
laws of that Stale al every hazard, ami that
the interposition was unexpected to me, and
would he ho to the people of Georgia, win sc
Governor had been notified that the treaty should
he executed. 1 also slated that tin* friends of
humanity—the real, not the canting hypocrites
—had labored day after day to induce John Ross
ami his Clu rokee delegation to return to his
people, ami advise them to remove peaceably ;
that it was his duly to do so; ami I told him
myself, that every misfortune that should fall on
i!u Clicrokce people, unless he did leturn, would
be justly chargeable to him,for ala word lie could
remove them in peace and harmony; (hat by
so doing he would subserve the cause of Ini
inanity, ami prove to the world the sincerity
of his regard for his people ; Hut hy such con.
dm t he might save the lives of innocent women
ami children, the lives of the unlettered and ig
norant among Ins own people, for the white In
dian would avoid danger. Sir, it is due to that
gallant and patriotic officer, General Scott,
whose services have been required in the execu
tion of this treaty, to say, that the night before
he hfl this city he urged Ross t« go with him
to the Cherokee country —told him it was his
duty to do so. ( was present ami united in the
advice. Uom refused, and since that period 1
considered the determination of Ross fixed, not
logo; and that nothing further would be heard
Inmi Ross except through General Scott. Ruth
Genet al Scott ami mvsrlt held this language to
Boss, not on account of any difficulties he could
interpose in the execution of the treaty, hut ex
elnsively from feelings of humanity for the poor
ignorant and misguided creatures who had been
imslcd by his counsels. Gentlemen have ex
pressed great gratification al this sudden inter,
position ot the President, and have congraiula
led the country that Mr. Van Durcn would slay
the execution of the Cherokee treaty ; that the
treaty should not he executed. This language
im bold, peremptory, ami dictatorial, and evi
dently means that this House would sustain the
I resident in this course, and that Georgia should
submit. Permit me tosav, sir, to this body, be
not deceived; that Sta»e obey*, the exercise of
a!l constitutional power, she will not submit to
the enforcement of that which is uncoi.siiiulion.
al. J trust the day has passed when a sovereign
s*l ate can be awed or deterred from any quarter
iu the maintenance of constitutional rights.-
Let no > ne act under the belief that these me.
nacc s will alarm Georgia, even if aided hy a
proclamation or a three bill.
fcMf, it bus been asked, why should Georgia in.
»ist upon the execution of this treaty ? I reply,
because the treaty lias been made, has been ra
tified under tfio forms prescribed by the consti
lu.ion; because n is llic supremo law of the
land, and the State has been duly notified that
the compact of 1808, had been at lasi fulfilled,
and the Indian title extinguished for the hone
tu ot the State, alter thirty-six years* delay.
Mr. C liairman, 1 desire that this whole sub
jeet be distinctly understood ; tor should this uu.
liuu ly interposition of the President produce a
conflict between this Government ami the State
authorities, the difficulty will not Ik* of Georgia’s
kjng, nor will she. in llic least, bo resnonsi.
bio lu. the consequences. By the legislation of
Georgia, the Indian rights of occupancy were
extended unli. the 25ili day of Mav. 1838 by
which lime, under llic treaty, the Indiana were
lo be removed. Ihe Legislature of Georgia, ac
cording io the treaty, had disposed of the lauds
in the occupancy of the Indians; grants had is
sued lo the citizens, and possession by law lobe
taken afler the 25th of May, 1838; on that
day the title became complete and absolute in
the grantee, ihe Legislature of Georgia is
n 1 in session, and if that body were, the title
being absolute in fee, the whole interest vested
in the grantee, under the laws of Georgia, the
ngbt to interfere with the private property ofthe
grantees is beyond the reach of constitutional
legislation ; so the Legislature of Georgia could
do nothing, and the Governor, I am most cer.
tain, will not convene that body. Ilcncc it is
that the Slate cannot interfere with the matter,
and the President, or the Secretary of War, if
they had known or recollected the legislation of
Georgia under the treaty, would have seen the
legal impracticability of the Stale interfering,
if the rights of the citizens were to be respected,
and the laws and constitution are to be regarded.
It has been urged in this debate that Georgia
should be compelled to await a new treaty. Is
any effort making to abrogate the treaty of
1835 ? Who has declared that treaty void ?
No constitutional authority, lam sure. Perhaps
those gentlemen who speak without reference to
any particular object save a desire to keep
themselves constantly in the public eye, and
have been so flattered by the notoriety of their
attacks, that they can presume to declare the
will of the people ; that they speak but to com
mand, and command but to be obeyed ; and,
therefore, the treaty is void, Such gentlemen
must excuse me if I disregard their vain and
empty mandates.
The gentleman from Virginia (Mr. Wise) has
told us he is a Slale-righli man, (by faith, I pro.
sume, surely not by his works,) and as such, he
would resist the execution of the treaty, and that
he would lake op arms against Georgia to pre
vent her carrying out its terms. Why, Mr.
Chairman, what a misfortune it is that the gen
tleman (a Stale.rights man) should have been
wrought into such a belligerent tempest against
a Stale; one so warlike in his temperament
ought to be more cool and deliberate. But this
champion of Stale rights, this new-light ot that
political faith, would “take up his arms,” and,
disregarding ail the restraints of discretion and
decorum, and with the lone, port, ami hearing
of the go I of war, exclaims “ I would castigate
the Stale of Georgia, if she attempted to enforce
any of the provisions of that treaty.” Sir, I
shall not suffer myself to forget where I am, hut
[ shall also remember ill at I am the representa
tive of a people who will regard such language
as it deserves to he regarded ; such language to
wards a member of tins House would he unpar
liamentary and indecorous, and, towards a Slate
of this confederacy, is altogether unwarrantable
and uncalled for, and wholly unjustifiable. As a
representative of Georgia, 1 shall not compro
niit her dignity in hurling hack any defiance to
sinh language, but will only say tbal Georgia,
in her sovereign character, would not deprecate
so much an attempt to castigate her, by whomso.
ever made, as she does this incessant rant, disre
spect, and insult, by gentlemen who are utterly
ignorant and uninformed on the subject on which
they attempt to enlighten others.
The gentleman spoke of threats uttered by one
ofthc representatives of Georgia. At that time
I was the only member who had spoken freely
ofthc President’s message, and I am sure I used
neither the language of meiia c nor violence;
nor is it my wont to do so, either in reference to
.Stales or individuals; nor do I seek the notorie
ty consequent upon such a course; nor shall I
indulge in loud accusations and denunciations of
those high in power, merely for personal gratifi
cation; nor shall I ever inflict a wound on those
who aie not in a position to defend or justify.
But we arc told the treaty was obtained by
frau !. If this be true, why have no direct at
tempts been made to annul ii, by those gentle
men making the allegation, before the proper
tribunal? Sir, no trea'.y has over been obtained
for a fuller and more adequate consideration; on
the same terms the citizens of any Slate in ibis
Union would exchange their lands. One gen
llernan has ►aid the Senate never regarded it as
a treaty. This is another of those bold and ex
traordinary assertions, suited to the tables of
some, ami involves very serious charges against
the Senate : it places two-thirds of that body in
the same category with the Rev. Mr. Schermer
horn, whose character has been drawn on this
floor in colors none ofthc brightest. Sir, these
often repealed allegations and accusations will
only serve to shake the public confidence in their
authors, and will finally be a protection to mis
rule and corruption. The gentleman from Vir
ginia sa)>, that the Senate ratified the treaty to
save the iambs from the wolves —the Cherokccs
from the Georgians. How much of jus: ice and
truth there is in making such a charge I have
fully shown, by adverting to the whole course of
Georgia towards the Indians within her borders.
As to the decorum or propriety of such language,
the tastes of that gentleman and myself are so
widely different that we are not likely to agree
on such matters until there is a total change in
all my notions ofthc courtesy due to this House
ftoin one member to another, and, above all, to
a sovereign Slate of ibis Union. Ferocious as
the comparison of the gentleman would represent
the people of Georgia, they are not yet enough
so to forgive one of their representatives for pay.
in or back, in hind , such language ami epithets.
Sir, 1 am by birth and education a Georgian.
I shall not, therefore, indulge in any eulogy on
her people, nor shall I permit the scorn I feci lor
such imio assaults to throw me beyond that line
of propriety and self-respect which, I trust, shall
always mat k the conduct of a Georgian; hut, in
perfect coolness ami composure, I will say to the
gentleman from Virginia, “words sometimes
w ound more than swords,” and that it would not
detract from his influence or usefulness to watch
over his own lamb-likc disposition, and in future
to reflect whether it would not he equally pleas
ant to avoid unnecessary violence to the feelings
of others.
That gentleman has said that already he
“snuffed the difficulties, the shedding of blood,
in Georgia;” “that the spoilers should he spoil
ed.” \N hat docs such language mean? Such
language from members of Congress, within the
hearing ofthc Cherokccs, is incendiary and well
calculated to inflame them into hostility, under
the belief that this Government will sustain them
in resisting the treaty.
Sir, 1 have said it was Ross* duty to have re
turned home to his people, and have aided in
their removal, as he was advised by the Secreta
ry of War, General Scott, and other friends of
peace, harmony, and humanity; but, sari the
gentleman from Virginia, “if he had, he would
nave been snatched up and hung, like another
Tassels, on a tree, by another Georgia guard.”
It is difficult, Mr. Chairman, to speak in obedi
ence to the promptings of a just indignation, at
such a reckless assault upon the constitutional
authorities of the Slate, without violating the
rules of the House, and the decorum of debate.
When lias Georgia or her people thus acted?—
Sir, I scorn the slanderous imputation. It is an
imputation that carries with it its own antidote,
and I pronounce the whole insinuation unfouml.
cd—a groundless and unjustifiable attack upon
the honor and character of the people of Georgia.
W’liat, «ii! John Ross not safe in Georgia? Why,
sir, was he not born and reared in that Stale?—
Such allusions I reprobate and contemn. I turst
the people of Georgia cannot be harmed by such
outrages upon their character—a people, whose
pas! history is marked by no act of violence jus.
tftying such an imputation. That part of Geor
gia known as the Cherokee region, has been set.
tied by a population equal to any portion of the
Union for honesty and patriotism; inferior to no
new- country in intelligence and morality; and,
lor humanity, kindness, generosity, and hospital
ity, equal to any people on earth. Sir, they are
pure and unsophisticated in their intercourse
with the bold and resolute, firm and
unyielding, in maintaining their rights, and brave
I and quick in defence of their character; and
would no doubt, fed more inclined to resent the
I insult offered to themselves, in reference to Russ,
. than to injure him.
Mr. Chairman : I am certain you have been
I astonished, as well as others in tins body, at the
i tantalizing and insulting references to Georgia.
It has been said that the Cherokee Indians, if
| the General Government will not interfere, arc
willing to fight it out with the Georgians. Are
these things said to excite the Indians to blood
shed. or to urge Georgia into rashness ? Did
the member using this language desire to insult
tlie people of Georgia, through their representa
tives, or did he expect to excite me into passion
and indiscretion ? There are hounds to the li.
l»erlies and freedom of debate, beyond which
personalities necessarily follow ; at that point I
hope not to an ive, but, should it come, the honor
and character of my native Stale shall not be
tarnished in my person.
Sir, not content with holding Georgia answer,
able for all the anticipated Cherokee difficulties,
she must be charged as accessary to the Florida
war. Is it not beyond endurance ? Is it not
amazing to hear it ? Can it bo from mistake ?
Sir, Georgia had no more to do with the causes
of that war than the State of Kentucky. I re
pel this accusation, and demantj the ground of
the allegation.
Mr. Harlan rose and said : In the remarks
made by me yesterday, on the subject of the
causes of the Florida war, and the State of
Georgia in connection with it, I did not mean
to say that Georgia had had any direct agency
in the causes of that war. When speaking of
.ippi river. I expressed the opinion th„
nda war was one of that polio,: th J 8
ety of Georgia to have the Indian , ;,i„ , ,0 £
lands within her boundaries eiii n . u l , Uk »
pennducod the passage of the act of is*?'
Tiding for the removal of the Indian triu.’ f
i that that bill was carried in tbij H **’ **•
. majority less than the number of rem-T?
from the State of Georgia. eaeilt *tiv(g
Mr. Dawson; Then, sir,there is non
such a charge; and the apology f ur ,
is, that the representatives of Geo-.;, , “*H
the act of 1830, providing for the remJ
Indian tribes west of the Mississippi in* 4 '
upon tho same principle, every Slat ■
Union may have contributed to the pi™
No further reply to auch an argum™**
expected. lc *oii
Much has been said by the gentle.-,,..
Philadelphia. His excitement was too
the subject before him; his feelings led
tho use of language which, so fH r M | g***
was concerned, I considered offensive jP*
far as the intent was involved, inofi' en „„ *
worked himself into such wrath t!i,t i! -
driven into the exclamation, “I _ 7*’«
am mad!” Let him cool, sir; JorT^l
I per; sutler Ins passion to subside; spcik.fiß
liberation, under the control of j, B
and then, sir, I wjjl weigh his arcr, lm
if necessary, reply to them. But, sir, I am’-jH
■ exhausted; and 1 would do injustice to
and tin; committee to reply to the uvi nn
enthusiast—one that admits that lieu^/
1 am convinced, sir, that much moreolll
he said by me on this subject; but I shiiglH
The appropriations, to subserve the
inanity by preventing and Mipprtsiio. hS
hostilities, and for the purpose of
execution of the Cherokee treaty, 1 g
doubt will be made. It I shall have
my native .Stale from unjust miputa'ioß.iH
trust 1 have.) it will be to me one es (be
gratifying acts of my life.
THE SPECIE UEsU.MFTiox
Boston Bonks. —The Uoston Daily
says, "The Association us Ranks which
in this city, do ing the in c. sully lor the
; ion of specie payments, is dissolved.
dissolution, the emnmissinners. we bditt
titled I In- Committee of tin-
that the banks of this iiy were
resume at any time those of
determine to do so. In tins slate
Slid continue, and as ill. v
m'liia ion, we do not pne ive tin
ly of ill. ir sending delegates In
_ Ti/gmii Biliks.— Th, Iti.
I need ay last, says, "\S e umlerslinii
thinks m Rich.iioml mean Uni:
lion, win. h has been ainmri
lend lilt: SuS.Convention in
:i3 iii Ist. Tiny will pro!.ably notify
letter of tin anxiety In ; . ).■, an j
ingness to join in any in 'im v.liieh
In ale the ion al 1 :,e earliest >, ...,y,^^H
The ihiiiim of Ilaltinnive, we
1 ed to semi a . n | nmnttl^^H
l e Convent Tim |.,i ya: ,1 -si, N | l i iod l^^H
banks, in m ,;t the
th** Cdy Cm pm at ton. .
lime past operation, >m..v
vva:,ls i.i'l fe lieu ■min is liair 1,,-, n
ids of largi s sums nf cm.
b loli-i ,11 I<|' t'- .1111 I:< ally and a nlm.
day I lie
and V. well tail
will be lif i. nil a ■ '.li!.- I
ibis e.mi: 1111 ni 1 y as to r clyd^^H
Bo I;, in o e Ann i
('nnir!!',n, — In a paragrapli rrliiclin^^B
lisbed on I' yss ill!'; bur.
I'" ' .
nay for t I.I■ meeting 111 ill" II i ,„ I n m
liv for lb" 'id 1 Alinnsl. ms'',n! us
... ,
in I I.i'
ily Journal,
mils' 1 1 a\ e Is 'II ms rli I
I. .nliT.— 8011. A .Ill'y IC.
Vr llroadbeud, formerly i-lner ul
M Oil., ! in- Mil tile 111 \ ills On! lisll^^^H
iii i nti'i 1 1• i. of ilie
r iin I Joini in.
on n! hn\ flie
111 at in ill.- mi siili^^H
,li r Itr ilnsi'l uss is ids'ViroPs^^^H
i In- I n\ li.i i' I-, I! ii (la In. mu! li'i'^^H
die ml \o i r m rnf list
i i mu —-V 1 iHH
x-y' Hi
. wm
[II V A FTHORITvTIj^B
r. \ws of ink r\i nil) s-v \ ri;> r moai at
( oM)Si;.'Sl<»,\ of Til K TV.TN H-1 11‘TlHO.II^^^g
[Prill,ic. —No.
A.V ACT lo j»r« vcul the issiii:;; r
ofthc hilly, notes, ami uihvr
I'oialims erealeil i»y ac'.s ul'Cijn^ca
Hr it runi'ft I. It 7 thr S, : ,ntf mid
, •irr.'/rnhittn-f <J lhr I ,ii I Shit'* o'
in C i;i''ii ss u < ;i T.i.t: hi a.!
the ehai ter nl‘ any ra: i<m
, may h-- ep-ate.l hy a t <•;' <
•Stales shall liave e\pire;l. ur may
j- pire. il'any (lii'cctn!-. nlli'-iT or a; r fut
‘-oi jtor.il e>n, or any I. nsnr 1 hert"!,
1 or officer of mi.•!» rrii-'n e, or any
in Ins possession or nti it r his
ly of tlie said eorporaf ion I't t lie
ing or redeeming its no!; s and
! knowingly is.-ue, ie.is.-uc, nr utter as
I in any oilier way knowingly lIUI IU , 1 m C
any hill, note, eheek, dral’i. <»r
purling to have hei n made I*V any
lion whose charter has r\;o:c;l, or
, tlioreof. or purporting to have KCn
authority derived th' pdroai, or any HHj
ji’TH ms shall k nowingiy ai 1 an ,s
such a-'t, every person so oik lining
deemctl guihy of a high
conviclion tin Mid Hiiaii he r , J n, | >:icC
no- • \r. ling leu thousand
pr. -on:m lit an 1 e<»: ihium. iil nut
, year nor excec ting fivi 1 years. or
line and imprisonin'n': ?*/'rn/fd.
herein comainmi shall he construed
unlaw.hi for any person not
offi-er or agent ofihe said
trustee thereof, or any agent nr
trustee, or any person having in
or under his control the propcAV
tionfhrthe purpose a for* said. wli')^‘M|HH|
cei ve«l or may In re after vc-eivc i»'ic
••heck, draft or oMn-r seem ity. '" }nl
t iie ordinary transact mi.> of
money or oliiei wise <m- n'*a'.e
Sf.c. *J. And be it J)irlhrr H
epsi s in whieli any i-or|»orai.'-'*i
ho ereafid l y a'-is of (’ongn'ssol
Stales, in wliioh the t r i" : "d
b en interested as sloekholders,
| v; hi di corporal ion has t
any lulls, notes, ehtohrs,
ina i" under au'iior.ty «:■ r.y VpßHj
have :»• cn de.ived, fro.n
po-aes ion or under the i'on:r<n 0
idfioer, or agent ofthc said expire
| or any trustee t!i< re..f, or any a - e ”
such 11 il'tee, or any p ■rsmi ha\in?
se.'.'ion or undi.-r hi.- eon’ ml, the
said e'irpitra'ions, so- ’ he 1
redeeming its imms ;,ml o'diga.F !’*•
eireuii courts "f tlm United
1 juristii Tion on liio lull or
Stall to grant any mpm^-om’
siting, re-issning, or ot an .
notes, cheeks, drafts, or «»lhc r *j :cU 'J^^B|H|
so ti> cause sueli of the said hi* •
drafts, or other se- ui:tn>'. a ' ! ' r> ’
cd, to be deliveicd up and c ant ‘
said several courts shall have po
necessary dccrc s ami orders tor
carrying into t ffeet the jurisdit
fened, and to execute the same-,
of law.
J\ME> k
Sneaker of the House ot
RICHARD M-
Vice PrcHideut us the I I “ U " J ■ ;!„gj
rrcsirfe” 1 o!
Arrnovro, July T’h. 1