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.Mr. DA \VM).V3 SI'Kr.C M-■('<>» elud'd
Since tlic ye n- 181 'A, we have been conlin
tially told that no treaty could he obtained on
peaceable and reasonable terms. And why,
*ir ’ Because the treaty of dint year indicated
to the Indians a willingness on the part of the
Government that their location should be per
manent ; that the compact should not be cn
forced ; but, above all, a new influence and a
moral power had arisen amongst the Chero
kecs, which began then, and lias ever since
governed that tribe ; while men, many of
ithem foreigners, who had taken Indian wires,
were numerous, and by their alliances soon
■had great influence. Their children grew up,
■many half breeds, one fourth and eighth In.
dians, were well educated ; parents, who
through their intelligence and cunning had
become rich, an 1 were able to educate their
children. This class grew into a complete
aristocracy j having all the wealth, the intel
ligence, and energy, impelled by the great
ruling motives of human action, avarice and
ambition, soon look the entire control ol the
tribe. No people on earth exhibited distinc*
lions in society more completely aristocratic.
Finally, these mixed men became the mind of
the tribe-—completely despotic. The annui
ties due the people by this (iovcrnmcni, and
the whole of their finances, soon became an
object of systematic and legalised plunder.—
To give this system a patriotic coloring, a re
publican form of government must be ins hit
red. In 1828, these white man, half breeds,
Ike., actually formed a written cons'itution,
very much in spirit like the constitution of the
Stales. They had legislative, executive, and
judicial departments. The members of coun
cil, their chief executive, and their various
•circuits, judges, clerks, sheriffs, the., were
filled—with whom, sir ? Vour Rosses, Gun
ters, Taylors, Hickses, Marlins, Fields, Bnsliy
■bcads, Ar ; men of sense and cunning, who
received salaries just in proportion to the an
nuities and other receipts. There were but
few of your Sleeping Rabbi's, tiding Snakes,
and Standing Turkeys, whole bloods, who
held office or received salaries. No, sir, such
know nu lling of the frauds in governmental
appropriations, and the other arts of die while
man. They know noiliing of the annuilies or
of their disposition ; like all other full blood
Indians, they are ignorant.
This government went into operation as in
dependent and sovereign, exercising civil and
•criminal jurisdiction. 1 t
The question lo re presented is Important,
and involves directly and viially the doctrine
of Slate rights. Had (icorgia the right to ex- v
lend her Jurisdiction over the Clicrokccs, and f
abolish this independent and sovereign gov- r
ernment of theirs ' Most clearly ; “ for, by
the Revolution, the duties as well as tbepow- o
.ers of government devolved on the. people of ri
• the Stale. It is admitted (bat ainongihe hitler c
were comprehended the Ir.insccmlent p iwcrs o
of Parliament, as well as liiosc of the execu-, e
■live department.” <1 Wheaton, 4.51, ca«c of i|
IJurtmoii l l l College r.v. M cud ward. In the r
case of lluckner t>.». Fimlley, 2 Peters, 591, ft
the same principle, it is decided, applies to the ( ,
.stales ; " for though liny forma confederated
government, yet the several states rcain their
.individual soverrli'nlwr, and, with respect to
iheir municipal regulations, ore tit rurh other
foreign.” “These powers of government (in j 1
die language ol .lodge Baldwin] which thus
devolved on Georgia by the Revolution, over 1
her whole territory, are unimpaired by any
surrender of her territorial jurisdiction, by the
•old confederation or the new constitution, as '
there was in both an express saving, as well as 1
by the tenth article of the, amendments.
"Hut if any passed to the United States by \
either, they were retroceded by the jcunven- i
tionof 1802. Her jurisdiction over the trrri- i
lory in question is as supreme ns that ol (.’on- r
gross over what the nation has acquired by |
cession from the States or treaties with foreign ,
Powers, combining the rights of the State and ,
•General Government. It 'i/hiii her huum/nrles (
there can he no other mil ion, rummunili/, nr sore- .
rr.isu /lower, which this department caii judi- |
dally recognise as a foreign stale, capable of
demanding or claiming our interposition, so as
to enable diem to exercise a jurisdiction in
compatible with a son relent i/ In tlrorgin, 1
which has been recognised hv the constitution '
and every drparlmetit ol (bis Government
acting under it.” “ Indi ir. sovciiguty ciiniiol
be roused from its long slumber, ai d awaken 1
ed into action by our hat. I find no aeknow- a
•ledgimuil of it by the legislative or executive I
power.” The right of the Stale being eslah- t
.fished, it-then becomes a question ol i .r/m/i- (
ency, depending entirely on the legislative t
will of Georgia, whether the Cherokee gov- |
ernment should he abolished, and tile laws ol r
the Stale extended over the Indians. e
Georgia delayed the exercise of this power; t
she fell unwilling to do any net which might s
change the habits of the Indians, or limit them •
in their pursuits ; she determined to forbear ,
as long as the Cherokee people were capable (
of self-government, according to their habits
and customs. Many years ago the authorities
.of Georgia saw the approaching dillieidlies—
the evils that were accumulating. That coun
try, notwithstanding your intercourse laws,
■became the home of white men ; foreigners
from every part of KuropC, stragglers fmm all
parts of the Union, gathered there. They
saw a good prospect lor influence and specu
lation. These men became connected with
the Indians. 'The father ol .lohn Ross was a
Scotchman by birth, married a Cherokee,
settled himself among them, enjoyed all the
rights of the tribe, without discharging a sin
gle duty to the r tale as a ci izen, and denying
ad allegiance and obedience to her, ss many
other did. 'The consequence was, large fam
ilies of half-breeds grew tip intelligent and
well educated men. Such men as Ross, 5 aim,
Martin, Gunter, Rogers, and hundreds of oth
ers, may be considered, from their complexion,
white men, not Indians. 'They claim to be In
dians with the intelligence and color of white
men. This class ol Cherokee people have
become very wealthy—and how 1 Ry the
advantages which education and intelligence
give over ignorance, combined with the advan
tages of living without taxation of any kind.—
The proceeds of labor, the annuities, and the
means generally of the tribe, found their way
into the pockets of these men. 'These white
men, who owed no allegiance and paid no
taxes to the United Stales or Georgia, dis
charged not a single civil duty, (ought no
battles, and were in Tact exempt from all legal
responsibility, on the soil which of right be
longed to the State. 'They had become
“ squatters” on the best lands, and had large
plantations, with large numbers of slaves and
full'bloodcdMndiaiis cultivating them, because
they had married Indians, half-blooded, aitlia
fourth or an eiglh ; and their children's chil
dren almost purely white, continuing the same
schemes. These are the “ Cherokee*” who
have interfered to prevent the removal of the
“ Indians,” who have been anxious (when
these half-breeds and whites did not oppose)
since the yeat 1801, to go west of the Mis
sissippi. These men—lndian* in nothing but
the name, not ad in color or in character—
would not willingly treat with, the United
Stales unless they derived all the advantages,
as they now have all the power ; and for the j
last twenty-five years, whenever a treaty his |
been effected, it basjbren through the influ
ence ol these men, who made the treaty, so
that they might heprotited by it. These are
facts known to every Georgian and 'Tennes
sean near thf Indian territory ; lienee ii is that
,vit treaty giving all the h. <nt\nf Indian In i Hi).
equal benefit;, and proportions d I?ic money
paid, will he opposed by such men as have
, j ruled that iinlurlunatc people for mm* t ears.
I If the five millions hid been given to “the
I government" of the n iiion, which is John
I to,-a and his friend-', instead of the common
. Indians, tec , there would have been but little
dissntisfuc'ion.
, 11 has been urged that it was not only beyond
. the constitutional »ulhe»ity, nut inexpedient,
. for the State to extend her civil and criminal
p jtirisdic'ion over the Cherokecs, and thereby
abolish their organization. This is an extra
, ordinary mistake for gentlemen of intelligence
i to make, when is is notorious that the old
States of the Union, and nearly every new
, state has done the same ; and for violations of
I the law* tints extended, Indians have been
. hung, confined in the penitcniiarics, and pun
ished otherwise by many of the States of the
Union. Hut still it is nevertheless wrong, in
the opinion of certain gentlemen, for Georgia
1 to do so.
This Independent Indian government, cx
, crcising all the powers and franchises of an
independent sovereignty, enacted laws which
C a sovereign poweralone had a right to enforce;
. all this, too, in the midst of a Slate —one of the
I States of the Union which aided in the forma
, lion of this General Government, and whose
sole and complete sovereignly, within her
chartered limits, was undoubted and unques
tionable. Sir, I ask what State lias submitted,
or would submit, to such assumptions of
power mid jurisdiction over her territory'
None, sir.
Jim tins is not nil; our citizens were mur
dered Within (his G’herokeo jurisdiction the
traveller, innocent and unsuspecting, waylaid
and assassinated —robbed of his property
insulted and assaulted liy Indians and white
men, claiming to be citizens of the sovereign
Stnlr of ('heroker, mid I lie only redress that
could ho invoked, was from a pretended inde
pendent sovereignty, independent of Georgia,
but witliin her limits. At tlie time this new
Slate was formed, the gentleman from Mas
sachusetts (Mr. Adams) was the President of
the United Stales. In his messages to Con
gress in 1828, whilst spooking of our Indian
relations,and id 'heir pretensions
to Hovorcigorj within the iSUtl.es, he soys •
• Wo have unexpectedly /blind them (the lu
ll aus) claiming tube independent of ours,mid
r'nals of sovereignly within the territories of
the members ot tins Union. This stale of
tilings requires that are nedy should ho pro
viib d—a remedy, which, while it may secure
to the members of our confederation their
rights iif sovereignly anti soil," &. c.
Veg, sir, these are the views of Mr. Adams
on this subject. He says "this slate of things
requires a remedy." What political power
tould npply the remedy*! Who hud the right
if abolishing llqs Cherokee independent sov
ireignly within the limits of Georgia? Why,
.be S ale of Georgia, which alone hud the
right xd' sovereignty and supreme jurist! clion,
and which was coextensive with her charter
ed I mils, and site did so.
Mr. Chairman, there were other causes de
manding of Georgia this extension ofher laws
—additional circumstances which urged the
adoption ol that measure. She was cut off,
hy the territory in the occupancy of the Cbe
tokens, entirely from Tennessee, and purls of
the Slates of North Carolina and Alabama;
so ihiil between Tennessee and Georgia there
was a distance through the Indian settlements
of about one hundred and twenty-five miles.
The mother, whoso residence was in Georgia,
who desired to visit her daughter who resided
in Tennessee, could not enjoy that happiness,
in consequence of apprehensions of being out.
raged in her feelings, if not endangered in her
person, in passing through the Indian territo
ry, hy the Indians or the profligate whiles
who had taken refuge there. Pact Hies lor
intercourse between the yial.es wore not per.'
milled; no roads ol any Kind cut'll he construc
ted; no bridges erected; no work of any kind
earned on by the State lu facilitate commer
cial or other intercourse. Georgia, thus de
prived of Iho direct trade from the West,
droves of horses, milled, and hogs, going to
Georgia lor sale, were compelled to travel a |
great tlis'.aneo out ol a d.ruct route, to avoid I
Lite Indian country, and procure grain (or their |
slock; and the same causes impeded thclrnns*
purtaliun of merchandise ft cm onr Atlantic ,
cities. All this operated severely oy the ,
Georgians, who purchased from the Western
tradesman Ins stock; for the consumer had to
pay the increased expenses of the circuitous
route to market. All Ill’s because the Chcr
okeus claimed the unrestricted right to the
country. Util, in addition, the gold mines
were discovered in that section of Georgia.
What was the consequence! Why, sir, from
every section ol the United Suites, and from
all parts of Kurope too, people begun io gatli- j
er there; a more, heterogeneous population
were never congregated any where; almost ev
ery nation and every tongue wore seen and
heard; they were subject lu no law that could
be executed under the circumstances then ex
isting; bunco outrages were constantly com -
muted llieru in violation both of the laws of
God and man. The country not being orga
nized, that region was overrun with dissolute
lureigners ami others, who had taken posses,
sion ol the gold region without the semblance
of authority, and outraged all the rights of the
State. These intruders lore up the land in
search ol gold, loan alarming extent, and ex
ercised all the rights of absolute owners, so
far as the used the soil was involved—com
mitted every trespass, and wore frequently on
the eve of civil commotion among themselves.
The laws of Georgia could not then be fully
executed, because there wore not citizens set,
tied within the country to aid in their execu
tion.
In this state of things the General Govern
ment attempted the execution of the ‘ inter
course law,” and sent a military force into
ihe country, under the command of a federal
officer. And, sir, what was the result? A
ridiculous tarce. Such were the numbers and
power of these individuals, that they were not
easily alarmed; they had strength enough to
dely the Federal forces: hut they did not de
sire to tight, but preferred laughing at you.
Some were arrested because they had violated
the intercourse law, but were discharged hy
habeas corpus, on the ground that the Siate of
Georgia had jurisdiction over her territorial
limits, and the General Government no au
thority within them. The State finally sent
into the country a guard—u power neither
military nor civil, but partaking ol both. That
too, failed of success.
Let me ask, was a sovereign State to per
mit such disorganization?—a State which in
all her relations, in the language of our own
Troup, (whose ‘political character and prin
ciples nrc admired by his friends, and respec
ted by his enemies,") “has evinced a sincere
desire to harmonize with the Union; to main
j tain peace and tranquility with the Indians,
j until longer forbearance would censo to oe a
' virtue; m tact, to lend ourselves, us we have
1 always done, heart and hand, to the support
jof every wise and virtuous administration ot
the General Government. Let it bo remem
bered that Georg alias a deep stake mtl r
prompt decision ol the present question. Os
ail the old State.-, Georgia is tpe only one
whose political orgauiza!inn is incomplete,
■ her civil policy is deranged; her military
cannot bo roduicd In systematic order and
' subordination; the extent of her nctual res >ur
-1 cea cannot be counted; the groat work of in
' tcrtiftl Improvernent la suapended; and all he
causo Georgia is not in the possession <>t her
vacant territory—a territory waste and profit"
less to the Indians, profitless to the United
' States; but in (be possession o! the righllul
owner, a resource ofslrenglh, of revenue, and
’ of union.” This was the language of that
statesman and patriot,George M. TVoup,
,Sir, until Georgia exorcised livr jurisdiction,
t and abolished tins Cherokee s ivereignty, she
C could not proceed in the great work of ioter
, nal improvement. To gratify the hypocriti
. cal sanctity of designing politicians, and t lie
• mistaken zeal of religious fanaticism, or the
i selfish designs of John Ross, must Georgia
i suspend thn great work of uniting by railroad
tlio Western waters with the Atlantic, and
• thereby opening a great highway for Western
productions and Western trade direct to our
seaports of the South?
To remedy nil these evils, and secure peace
and subordination, what could the State do?
Just what she has done, sir, and nothing else—
extend her laws over the country; exercise
her criminal and civil jurisdiction; and this
she did in 1829, hut to go into operation in
June, 1890; which law was necessary to the
protection of the Indians, the soil in their oc
cupancy, the charactcrand rights of the Slate.
But it has been said that Georgia extended
not onty her laws over the country, but also
took possession of the soil. Yes, sir, she did;
reserving the occupancy of the Indians to a
very ample extent, greater than tiny other
State; and 1 invite a comparison. If others
have been kind, wc have been kinder; if they
were liberal, wc have been more so.
How could the civil authority of the State
bo enforced, unless the country was organi
zed into counties, and officers residing in them
to carry out and execute those laws? it was
the on'y course, better than a military govern
ment, to preserve Hie peace of the country.
Hence the formation ol counties; their or-(
ganization and settlement by a population in- I
tolligcnl unil obedient to the law—men of
character and respectability. I submit to the
country the legislation of Georgia, and ask an
honest comparison with the legislation of
any other State. Georgia has truly subserved
the cause of humanity and justice in the steps
she has taken to protect herself, the Ind.ane,
an.'! her citizens.
I hat e often had cause of excitement, if not
resentment, on this subject. I feel it duo to
the >Statc I r’presonl, and to myself, in all
sincerity and truth, and in a spirit very differ
ent from vain boasting, to my to such gentle
men as have determined logo against this bill,
and the appropriations in it intended to cany
into execution the Cherokee treaty, and to
sustain a military force in idle Cherokee coun
try, to prevent hostilities;, ana' to protect the :
lives of our citizens, that if they are now un
willing to do so, and arc not satisfied that
Georgia lias been justified in licr course and
t hat you intend to maintain Ross ai;d his party ;
against (he treaty, and leave that State to pro- '
tcct herself, say so. And if this he your ob
ject, for one, I will say. Withdraw your Pe- 1
dural troops, recall your legions, declare that
this Government will not fulfil the compact of r
1802, notwithstanding her long deferred obR- 1
gallons. Let these tilings be done, and, my J
life on it, sir, Georgia will carry out the trea
ty, and assert all her rights under the compact j
of 1802. Then, sir, lot the gentleman from (
Virginia come, at the head of an army, ‘'to ,
castigate the State;” i promise hiwi that he ,
will lie met the first fool print that tic makes ,
ou the soil of Georgia; and 1 shall be greatly ,
mistaken if he does nut find it, much easier
and more pleasant to talk hero in those walls
of castigating a >Statc, that! to do it. Geor- .
gia has not asked yon to throw your protcc- I
lion around her; she has asked you to carry
nut your treaty, honestly to fulfil your com- 1
pact, to remove tiie Indians, to send a force to 1
do it, and prevent them from committing tie. <
predations on our citizens. That State nn- '
derslauds her rights,and cun protect her cili. )
zens. But she desires to rid herself of the 1
Indians in her borders without the shedding 1
of blood. In parting with these neighbors, 1
she desires to do it m peace; and if she does 1
not, it will be the Guilt of this Government. 1
But, gentlemen on tins floor, who reside more 1
than a thousand miles off, and many of whom
can scarcely tell buw their neighbors live
miles from<thcm manage their domestics or
children, boldly 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 he used for party pur? I
l.oses; the rights of Georgia and the Jives of
her people are not R> be weighed by election- !
eering balances; such considerations deserve I
and will receive the contempt of every honest
man. All Iho tendencies of this discussion,
as conducted by .gentlemen in opposition to
these appropriations, are to inflame the Indi
ans; and it Ross and bis associates, who arc
now in 'the gallery, were not sensible men,
war and bloodshed would be the inevitable
consequence. It is well that the common In
diau, whoso nature is revengeful, lias not
heard this debate; nothing could be Getter cal
culated to inflame him. It is a subject that,
if discussed, should bo done with calmness
ami with u view to the peace and safely of our
citizens, and the Indians.
Bat what were those laws which Georgia
extended over the Indians? They were the
same which operated upon her own citizens;
lor crime, the punishment the same for the
same offence; in their contracts they are cau
tiously .protected—w isely so.
To close this review, 1 invite gentlemen 1
east or west, north or south of Georgia, to ■
point to a single case where an Indian has I
I been subjected to cruelty or arbitrary punish -
' meut. On the contrary, they have been pro
tected, protected by tho law, mid by a kind
and generous people, and none are more so
than the citizens of the Cherokee comities.
Some of the present generation may condemn,
but the time will conic When the policy and
conduct of Georgia and her people will’be up
predated by all; and whenever that time ar
rives, I do not doubt (hut the unanimous opi
nion of all unprejudiced minds will be, that,
m the necessary exorcise of her constitutional
powers, tho policy of the Slate has been cha
racterized by a forbearing kindness and en
lightened humanity towards a powerless rem.
j nant ol an unfortunate race.
| Mr. Chairman, I will now turn my atten
tion for a short time to some of the gentlemen
| who have preceded me in this debate. I take
j no pleasure, sir, in the discussion of matters
I having httle or no connexion with the subject
under consideration, nor should I how do so,
, | but from an imperious sense of duty. In an- i
' j swor to some remarks I made a few days since,
: on the President's message and the proposi- ;
i tun' B from the Wor Department, in relation
1j to the Cherokee tieatv, much has been said
j during tins debate.
NN hen that message was communicated
| and road lo us, I spoke freely. I knew that
j it would be productive of no good, but, in a|l
prolid'iilif.y, would I■ fit In blood died— at. I'inwl
in co'iiiiston and delay in the execution o( the
treaty. And I told the House, If the Govern
ment undertook to postpone the citizens of
Georgia in taking possession of their hinds,
that n conflict between the .State Government
and the General Government would inevita
bly ensue; for I knew the Governor of Geor
gia would execute the laws of that Klalc at
every hazard, and that tire interposition uas
unexpected to me, anil would bo so to the peo
ple of Georgia, whose Governor had been no
tified that the treaty should lie executed. J
also stated that the friends of humanity—the
re d, not the canting hypocrites—had labored
day after day to induce Joint Ross and Ills
Cherokee delegation to return to his people,
and advise them to remove peaceably; that it
was his duly lo do so; and I told him myself,
that every misfortune that should fall on the
Cherokee people, unless he did return, would
be justly chargeable to him, for at a word he
could remove them in peace and harmony;
that by so doing he would subserve the cause
of humanity,and proveto the world the sin
cerity ot ins regard for his people; that by
such conduct he might save the lives of in
nocent, women and children, the lives of the
unfettered and ignorant among his own peo
ple, for the white Indian would avoid danger
b r, it is due to that gallant and patriotic offi
cer, General Scott, whose services have been
required in the execution of this treaty, to s ty,
that the night before ho left this city ho »r
-ged Ross to go with him to the Cherokee
country —told him it was his duty to do so. J
was present and united in the advice. Ross
refused, and since that period I considered the
determination of Ross lixed. not to go; and
that nothing further would bo heard from Ross
except through General .Scott. Roth General
Scott and myself held this language to Ross,
not on account of any difficulties he could
interpose in the execution ot the treaty, hut
exclusively from feelings of humanity for the
poor ignorant and misguided creatures who
had been misled by Ins counsels. Gentlemen
have expressed great gratification at this sud-
I den interposition of the President, and have
congratulated the country that Mr. Van Ru
ral would slay the execution of the Cherokee
treaty; that the treaty should not be executed
This language is bold, peremptory, and dicta
torial, and evidently means that this House
would sustain the President in this course,
and that Georgia should submit. Permit mo
to say, sir, to this body. Re not deceived;
that Stale obeys the exercise of all constitu
tional power, she will not submit to the cn
foicement ot that which is unconstitutional.
I trust the day has passed when a sovereign
State can be awed or deterred from any quar
ter in the maintenance of constitut onal
rights. Let no one act under the belief that
those menaces will alarm Georgia, even jtai
dec! by a proclamation or a force bill.
it has been asked, why should Georgia in
sist upon the execution of this treaty? 1 reply,
because the treaty has been made, lias been rati
fied under the forms prescribed by ilie constitu
tion; because it is the supremo law of the land,
and that the .State lias been duly notified that the
compact or 1802 bad been at last fulfilled, and
the Indian title extinguished for the benefit of
the Stale, after thirty six years’ delay.
Mr Chairman, I desire that this whole subject
should bo distinctly understood ; for should this
untimely interposition of the President produce
a conflict between ibis Government and the State
authorities, the difficulty will not be of Georgia’s
seeking, nor will she, in the least, be responsible
for tbo consequences. Ry the legislation of
Georgia, the Indian rights of occupancy were ex
tended until the 2511 i day of May, 1838, by
which time’ under the treaty, the Indians were
u in* removed, i lie oi Meorgia, no
cording to the treaty, had disposed of (he lands in
the occupancy of the Indians: grants had issued
to the citizens, and possession by law to bo taken
after the 25th. ot May, 1838; on that day the title
became complete and absolute in the grantee.
The Legislature ot Georgia is not in session,
and if that body were, (lie title being absolute in
fee, the whole interest vested in (he granted, un
der the laws of Georgia ; the right IJ interfere
withi.be private prop-oity of the grantees is bo.
yond the reach ot constitutional legislation; so
ihe Legislature of Georgia could do nothing, and
the Ooverni-' r > d 1,111 most certain, will not con -
vent- that hotly, Renee it is tiiat the State can
not interfere with the .'.natter, and the President,
ui the Secretary of War, ;/ 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 o‘ the chi.
zoas were lo be respected, and the laws an J the
constitution arc to lie regarded.
It has been urged in this debate that Georgia
should be compelled to await a now treaty. Is
any effort making to abrogate the treaty of 1835?
Who has declared that treaty void! IS’o consti
tutional authority, 1 am sure. Perhaps those
gentlemen who speak without reference to any
S particular object save a desire to keep themselves
i constantly in lho public eye, and have been so
,J ittered by the notoriety of their attacks, that
they can presume to declare the will of the peo
ple; that they speak but lo command, and coma
maud 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) Ims
told us lie is a .State Rights man, (by faith I
presume, surely not by his works,) and, as such
be would resist (lie execution of the treaty, and
that he would take up arms against Georgia to pre
vent her carrying out its terms. Why, Mr. Chair
man, what a misfoitune it is that the gentleman,
fa Stale Ji iff his mnnj should have been wrought
into such a belligerent tempest against a State;
one so warlike in his temperament ought to be
: more cool and deliberate. Rut ibis champion of
j Sla,e r 'Khts, this new light of that political faith,
would "lake up his arms,” and, disregarding all
I restraints ot discretion and decorum, and with
: the tone, port, and bearing of the god of war,
exclaims, I would castigate the State of Georgia
i if she attempted to enforce any of the provisions
■ ot that treaty.” Sir, I shall not suffer myself to
forget where I nm, but I shall also remember that
I am the representative of a people who will re.
gard such language as it deserves lo be ; such
language towards a member of this House would
be unparliamentary and indecorous, and, towards
a Stale of this confederacy, is altogether unwar
rentable and uncalled for, and wholly unjustifia
ble. As a representative of Georgia, I shall not
coinpromit her dignity in hurling back any defi
ance to such language, but will only say that
Georgia, in her sovereign character, would not
deprecate so much an attempt to castigate her,
by whomsoever made, ns she docs this incessant
rant, disrespect, and insult, by gentlemen who
are utterly ignorant and uninformed on the sub
ject on which they atle rpt to enlighten others.
1 bo gentleman spoke of threats uttered by one
of the representatives of Georgia. At that time
I was the only member who had spoken freely
of die President’s message, and 1 am sure I used
neither the language of menace nor violence; nor
is it my wont lo do so, cither in reference to
States or individuals; nor do 1 seek the notoriety
( consequent upon such a course; nor -shall I in
dulge m loud accusations and denunciations of
j those high m | ower merely for personal gralifi
eatiun; nor shall 1 ever mlhel a wound on lho-e
i n ll ° arc 1,01 111 a position lo defend or justify
1 But wo are told the treaty was obtained ’b v
baud. If this be true, why have no direct
J tempts been made to annul it. by these gen,lenten
, making the allegation bcfoie the piopct tribunal 1
' ‘■’■f. no treaty liaever hern obtained I n a fuller
’ lno, v adequate consideration ; on the same
■ terms the citizens of any State in this Union
I would exchange their lands. One gentleman his
i f*'*j 'l' c Senate never regarded it as a treaty.—
t. i his is another of those hold and extraordinary
asseitions, suited to the tastes of some, and in
. volves very serious charges against the Senate :
I it places two-thirds of that hotly in the same cate
? gory with the Rev. Mr. Scliermerhorn, whose
, character has been drawn on this jloor in colors
. none of the brightest. Sir, these often repeated
[ allegations and accusations will only serve to
3 shake the public confidence in their authors, and
j will finally he a protection to misrule and corrup
-5 t*on. Jho gentleman from Virginia says that
, the Senate ratified the treaty to save the lambs
’ from the -wolves —the Chcrokees from the Geor
giims. How much ofjustice and truth there is
1 in making such a charge I have fully shown, hy
■j adverting to the whole course of Georgia towards
the Indians within her borders. As lo the deco
-2 1,1111 or propriety of such language, the tastes of
> ••‘at gentleman and myself arc so widely different
2 that we are no*, likely lo agree on such matters
until there is a total change in all my notions of
f the courtesy tlue to this House from one member
- to another, and above all, to a sovereign Slate of
2 this Union. Ferocious as the comparison of the
- gentleman would represent the people of Geor
gia, they are not yet enough so to forgive one of
. their representatives for paying hack, in kind
I such language and epithets.
f Sir, lam by birth and education a Georgian.—
. I shall not, therefore, indulge in any eulogy on
3 her people, nor shall I permit the scorn I feel for
I such rude assaults to throw me beyond that line
5 of propriety and self-respect which I trust shall
. always mark the conduct of a Georgian ; but, in
j perfect coolness and composure, I will say to the
, gentleman from Virginia, ‘‘words sometimes
| wound more than swords,” and that it would not
detract from his influence or usefulness lo watch
over his own lamb tike disposition, and in future
to reflect whether it would not be equally pleas
ant to avoid unnecessary violence to the feelings
of others.
i hat gentleman lias said that already he “snuf
led the difficulties, the shedding of blood in Geor
gia “dial the spoilers should he spoiled.”—
What does such language mean ! Such lan
guage from members of Congress, within the
hearing of the Chcrokees, is incendiary and well
calculated to inflame them into hostility, under
the belief that this Government will sustain them
in resisting the treaty.
Sir, I have said it was Ross's duly lo have ie
turned home lo his people and have aided in their
removal, ns lie was advised to do hy the Secreta
ry ol War, General Scott, and other friends of
peace, harmony, and humanity ; hut, said the gen
tleman Irom Virginia, “it he hail, he would have
been snatched up and hung, like another Tassels
on a Ireo, hy another Georgia guard.” It is diffi
cult, Mr. Chairman, lo speak in obedience to the
promptings of a just indignation, at such n reck
less assault upon the constitutional authorities of
the Slate, without violating the rules of the House
and the decorum of debate. When has Georgia
or her people thus acted’! Sir, I scorn the slan
derous imputation. It is an imputation that car
ries wiih it its own antidote, and I pronounce the
whole insinuation unfounded—a groundless and
unjustifiable attack upon jthe honor and charac
ter ol the people of Georgia. What, Sir! John
Uoss not safe in Georgia! Why, sir, was he not
born and reared in that State ! Such allusions I
reprobate and contemn. I trust the people of
Georgia cannot he harmed by such outrages upon
their character—a people, whose past history is
marked hy no act of violence justifying such an
imputation. That part oFGcorgia known as the
Cherokee region, has been settled by a populu,
lion equal to any portion of the Union for hones
ty and patriotism; inferior to no new country in
intelligence and morality ; and, for humanity,
kindness, generosity, and hospitality, equal lo any
r o., r I,j .... Sill- ~,,,1
phisticated in their intercourse with the world,
hut hold and resolute, firm and unyielding, in
maintaining their rights, and bravo and quick in
defence of their character; and would, no doubt,
foci more inclined to resent the insult offered to
themselves in reference to Uoss, than to injure him.
Mr. Chairman : I am certain you have been
astonished, as well as others in this body, at the
tantalizing and insulting references to Georgia.
It has been said that the Cherokee Indians, it the
General Government will not interfere, are will
ing lo fight it out with the Georgians. Are these
things said to excite the Indians lo bloodshed, or
to urge Georgia into rashness! Hid the member
using this language dosiro to insult the people of
Georgia, through their representatives, or hid ho
expect to excite me into passion and indiscretion ? 1
There arc limits the mildest and most forbearing
cannot permit others lo pass. There are hounds
lo the liberties and freedom of debate, beyond
whiclf personalities necessarily follow ; at that
iioint 1 hope not lo arrive, hut, should it come, the
iionh.r and character of my native State shall not
be tarnished in my person.
Sir, not content with holding Georgia answer,
able for all the anticipated Cherokee difficulties,
she must he charged as accessary to the Florida
war. Is it not beyond endurance! Is it not
amazing to hear it! Can it be from mistake!—
Sir, Georgia had no more to do with the causes
of that war than the Stale of Kentucky. I
this accusation, and demand the ground of the
allegation.
Mr. Harlan rose and said: In the remarks
made by mo yesterday, on the subject of the
causes of the Florida war, and the Slate of
Georgia in connexion with it, I did not mean lo
say that Georgia had any direct agency in the
causes of that war. When speaking of the
policy of the Into administration for the removal
of the Indian tribes west of the Mississippi river,
I expressed the opinion that the Florida war was
1 one of the fruits of that policy ; that the anxiety
of Georgia lo have the Indian title lo the lands
within her boundaries extinguished, superin
duced the passage of the act of IH3O, providing
for the removal of the Indian tribes ; and that
that hill was carried in Ibis House by a majori.
ly less than the number of representatives from
the State of Georgia.
Mr. Dawson : Then, sir, there is no ground
for such a charge ; and the apology for making
it is, that the lepresentntivcs of Georgia voted '
for the act of 1830, providing for the removal of
the Indian tribes west of the Mississippi. Why, l
sir, upon the same principle, every Slate in the '
Union may have contributed to the Florida war.
No further reply to such an argument can he
expected. I
Much has been said by the gentleman from
Philadelphia. His excitement was 100 great for ,
the subject before him ; his feelings led him into f
the use of language which, so far as language
was concerned, I consider offensive; but so far 1
as the intent was involved, inoffensive. He -work- 1
ed himself into such wrath that he was driven 1
into the exclamation, “I am mad, sir, I am mad!”
Let him cool, sir; restore his temper; suffer his i
passion lo subside ; speak with deliberation, un
der the control of his icason, am! then, sir, I .
will weigh his arguments, and, if necessary, re*
ply to them. Rut, sir, lam much exhausted ;
and I would do injustice to myself and the com. <
millec lo reply to the ravings of an enthusiast
one who admits that he is mad. !
lam convinced, sir, that much more ought lo ■
ho said by moon this subject; but I shall desist, i
The appropriations, lo subserve the cause, of
humauiiy by preventing and suppressing Indian
hostilities, and for the purpose of aiding in the
execution ot the Cherokee treaty, I have no doubt
will he made. If 1 shall have vindicated my 1
native -Stair from unju-t imputations, (a.- I trust 1
1 have,) it will be to me one of the most giatilv '
mg acts o( my lile, " 1
n . f;,A works.
■1 1 1 U ,W H,^ esr r ‘ rlUl,y " )Ultm 'he pub
: sara#. n* £s=l^:
• proprietors are indebted (or tin ,n- Bio
: winch induced them lo embark in thn nnTT? I 0"
. to boos 11,0 very purest krnd T,,.l dertak,n e,
■tr; uin, F
, ?„r w : r ;i
others, to be of excellent quality. Tho subscr
1 .nTeresth. P tho d Ure invi,i "t «'■■•«> "ho Take „n
' ™* .“cX'me'i^b^^Vcon^n'ed^hat
; Sss.asff s ““ v—.-K
’ wifl'Zli 1 " f|Uan , li 'y "n hand,vvhich they
’ Savannah rivi 'T 1 ' 01 Uner Cwek on the
' preparation.. : r > or nt -dugiista. Having extensive
f Surme the n . '’rogress, i boy expect to be able
hunng the next winter and spring to supply or
t dors to a very large amount; and they have every
' * a ® h ° n f to be,lm . B ‘hut they will entitle themselves
( .o the favor and patronage of (he public by pro
, ducngi. cheaper and belter article at home than
r v nr* be round abroad.
Orders will be received by D Kiri; not riel- if r
or by Thos L South at A > ■*.
■ may 7 _ 2awd*wt? KUUS * SM
rl -,„r. , hA'v notice:
I " r.he iTa W* ,n the P«c.lc
They Will attend the courts of A/.'.? 8 ,, ‘«P u, » b '
Stewert, Randolph, Early Bake'/ / K ° Bee .’ ,ar ‘ on .
of the Chattahoochee Ci - it ’ J f C “'V 1 Sum,er .
Circuit; ami Twiggs, P,Ck“? uston ; of , tbe Flint
Decatur and Booty, of the !0n J? 8 »
sincss entrusted *lo their rare will'm? f G,rc l llt * Bu ‘
attention. Their office is in a 6t wu 1 J? rom P t
county, where one of them -dmertens, Sumter
when not absent on business. ' UV “ lwaya be fuun d
{'°jT WARREN,
oct 10 WM Jy c RAWfOttD.
' £oJ vvtf
I' ‘ re'Lxa/ f!nm c1a717 eoumy '
and rfLSroin ,J " W th « ,
jitcent enmities Unsinos I 1 county, and the ad
be promptly attended to. d to hls euro vvili
nr ~ HENNING R. MOORE
Harden, Athena ; (' Tjonkiw 7*’
Ur" 1 ™ s*5S;
1-incolntcn, March 24, JB3B. w( j.
NOTICE-lL ed . I>o l larB Kewnrd
i ‘ Rfliui»\ay from the subset*!-
JyTinsoM C m' n^ er i laB '’ “ ne 6 ru,na nnamed
T 1 r “heut twenty eight years.
UtA bnl(l “?. ra 18 *°ur feet eleven inches high,
sr/lJ V ° ry ““T uontploxion, and when interro
<losc,y stutters a little; be has a
i*s*i , «v«*»l , nl face, and a great many marks of the
Whip on Ins back, Said negro was confinedn Ma
(■on jail fast summer tlirec months, and belonged at
I bat (nnn to Mr Gill, of Monroe co. I would re
<|uest jailors to be particular in examining jails, as
the said negro lay six months in jail within ten
m. es of Ins master. It said negro is confined in
jail, so that I get him, 1 will pay the above reward.
1 have no doubt but that he has altered bis name,
apnl 11 w6m CORNELIUS D. TOBIN.
TO (AUGUSTA JAIL, on
* be 18,h . ,n , Bt « m - u negro boy, calls himself
if! tnoi, says he belongs to James Tolbert, Wilkes
county ; he IS 17 or 18 years old, dark complected.
1 ho owner is requested to come forward, pay ex
penses and lake him from jail. ‘
July 18, 1838. 3t ELI MORGAN, .1 tiler
R« OT ;«/IlT TO AUGUSTA J AIL, o "
, J ‘"c 14th instant, a negro boy, calls hirnseb
”‘ lco *’> «ay« He belongs to Winny Hill, Abbevillo
District, S. ho is Ifi years old, light complected.
1 he owner is requested to come forward, pay ex
penses and take him from jail.
Ju| y 17 1 1838 ; Fid MORG AN. Jailor.
13ROUGHT TO AUGUSTA JAIL, or.
r , ms,nm > a negro man who calls
ifi ' •* **T nil
mcr, VV ilcox county, Alabama—he is years oWf,
.* lent incline high, light coinplecteil, has several
anmll scars on the left band The owner i* re
quested to come forward, pay expenses and taka
him from jail. ELI MORGAN.
Jll| y Jailor
EXECUTORS &. A HMINISTKATOH,
i V' 1 ' tj>e first Tuesday m October next, will ho
* »" kl “l lll <’ Court House in UoKall. counlv
lot. 20b, m tho ITlh District of originally llcnrv
county, belonging to the estate ol Archibald; Bell/
dceeasod.
Also on the same day at the Court House in
Lumpkin county, will be sold lot 1003, m tho 4th
District, Ist section, originally Cherokee, belonging
to the estate ol Mary White, deceased, under or
ders of the Court o! Ordinary, of Burke county.—
erms on the day of sale; purchasers paying for
"‘los. ELI AS BELI. Executor of
t, | „ ArrO.xbnld IJelJ.and administralorof
July 17,1838. 00.1 Mary White,deceased.
WAUJIJ NISTRATOR’S S A £eT
11-L be sold,at Carrollon, Carrol county, oit
the first. Tuesday m September next, Lot
i\o one hundred’and ten, in the tenth district of
said county, tho sumo belonging to the estate of
Joshua Stanford, and sold in compliance with thn
last will and testament of said deceased Terms
made known on the day. This 2d July, 1838
i i FCILFORD ALFORD, Administrator,
Jtt| y 7 lt | with the will annexed:
Superior Court, April Term, 1838.
(.oorgin, Lincoln county:
Nicholas G. Barksdale, administrator of)
Stith G. Barksdale, < Hill,
tu. '
.Speed, Hester & Tale, Cade & Tate, John Wat
kins, administrator, Ac. of Henry M. Watkins
deceased, Drowry It. Cade Mark -S. Anthony;'
John McDowell, brands eltl-cndin, William An
drews, Leiston Hanse, J. K. Kilbum, William Bos
lick, Hill A Labugar, Jolm S. Mooro, Benjamin
MeKiltick, Timothy 'l'. Smith, James N. McLano,
William N. Harper, Jesse B. Walton, Beverly Barks ■
dale, John and Thomas Benson, N. G. Barksdale,
and N.G Barksdale, guardian of William A Stokes,
Hannah Smith, wife of Benjamin Smith, formerly
wife ot -Sliih G. Barksdale.
It is ordered by Ihe Court that the defendants in
l ie above case, and all other creditors of Stub G.
Barksdale, deceased, appear and plead, answerer
.lemur lo said hill, on the first day ofllie next term
of this Court, and that they file meir demands
against the estate of Ihe said deceased, with 11.0
Clerk of the Court, on or belbre I lie time specified.
It is further ordered, that a copy of this rule he
published in one of I hu gazettes of I his state accor
dingly, for three months before said t.ourt.
1, Joshua Daniel, Clerk of the Superior Court of
Lincoln county, slate of Georgia, certify that tho
foregoing is a true copy taken from the minutes.
Ibis 18th day of June, 1839.
JOSHUA DANIEL, CTk. L. S. C.
June 21 3m
Georgia, Jefferson County;
WHEREAS Roger L Gamble, Administrator
of the estate of the lalo Manning Spradley,
of said county, d ■.■ eased, applies for dismission
from said ndinini ■ll a non.
These are thar. lore to cite and admonish all and 1
singular the kindred and creditors of said dec’d to
be and appear al my office, within the time prescrib
ed by law,to show cause, it any they have, why said
letters should not be granted.
Given under my hand, at Louisville, Ibis 2fi h
day of Feb. 1838. EBENEZEK BO I HWELL,
mar 1 Clerk C
Georgm ? Columbia county :
WIJ ERL AS James Cartlidge, administrator,
applies tor letters dismissory on the estate
of Robert W. Walker, deceased.
These are therefore lo cite and admonish all and
singular, the kindred ami creditors of the said de
ceased, to file their objections, if any they have
within Ihe time prescribed by law, in my office lo
shew cause why said letters should not he grained
Given under my hand this 2d day „f June 1838
GABRIEL JONES. Clerk.
months'after date application will be
made to ihe honorable flip Inferior Conn ol
Columbia county, when sitting for ordinary pur
poses, tor leave to cell the whole of the real estate
of Sydney G Holland, a minor, for the benefit of
said minor, JEREMIAH GRIFFIN,
b l l y I Administrator ot Sydney S. Holland