Chronicle & sentinel. (Augusta, Geo.) 1838-1838, August 07, 1838, Image 4

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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