FEB. 14, 1831.]

Indian Affairs.

[H. OF R.

"My children, deputies of the Cherokee Upper Towns: "I have maturely considered the speeches you have delivered me, and will now give you answers to the several matters they contain.

tion would have been to propose a law abrogating the Jefferson gave this people the first elements of a system treaties and repealing the intercourse law of 1802. But of government, adapted to their condition, which I will a different course was pursued. A bill was presented, venture to read to the House. ably drawn and carefully worded, so as to leave this question entirely aside. Although the bill was an integral part of the policy of the States, designed to co-operate with it, and in fact built upon it as upon a foundation, it was so worded as not, in terms, to afford it any sanction. We "You inform me of your anxious desires to engage in were obliged to go to the President's message, and to the the industrious pursuits of agriculture and civilized life; reports of the committees of the two Houses of Congress, that, finding it impracticable to induce the nation at large to ascertain its character. We did so; and we discussed to join in this, you wish a line of separation to be estathe policy, as it discovered itself in those documents. blished between the Upper and Lower Towns, so as to But, harmless as the bill was in its terms, it could not include all the waters of the Hiwassee in your part; and have passed, but for the amendment moved by the gen- that having thus contracted your society within narrower tleman from Pennsylvania, [Mr. RAMSEY,] by which limits, you propose, within these, to begin the establishamendment it was provided that "nothing in this act con- ment of fixed laws and of regular Government. You say, tained shall be construed as authorizing or directing the that the Lower Towns are satisfied with the division you violation of any treaties existing between the United propose, and on these several matters you ask my advice States and any Indian tribe." I was perfectly well per- and aid.

suaded, at the time, that this proviso would be without "With respect to the line of division between yourpractical effect, but it saved the bill from being lost; and selves and the Lower Towns, it must rest on the joint connow, from one end of the continent to the other, this pro- sent of both parties. The one you propose appears viso is held up to show that the Indian bill of last winter moderate, reasonable, and well defined; we are willing to does not sanction the compulsory removal of the Indians; recognise those on each side of that line as distinct societhat the treaties are to be held inviolate; and that the ties, and if our aid shall be necessary to mark it more Indians are to be protected in their rights; all the while plainly than nature has done, you shall have it. I think that it is perfectly notorious, as I shall demonstrate before with you, that, on this reduced scale, it will be more easy I sit down, that the Indians are not to be protected; that for you to introduce the regular administration of laws. the treaties are violated; and that this proviso is a dead letter.

"In proceeding to the establishment of laws, you wish to adopt them from ours, and such only for the present as The bill passed, we all remember how, under the se- suit your present condition; chiefly, indeed, those for the verest coercion by the previous question, that I have ever punishment of crimes and the protection of property. known, applied, too, for the purpose of shutting out the But who is to determine which of our laws suit y t your condiamendment of the gentleman from Pennsylvania, [Mr. tion, and shall be in force with you? All of you being HEMPHILL,] the object of which was to obtain information equally free, no one has a right to say what shall be law for in respect to the character of the country to which the the others. Our way is to put these questions to the vote, Indians were to be removed. For I beg it may be re- and to consider that as law for which the majority votescollected, after all we have heard of the factious course the fool has as great a right to express his opinion by vote pursued by the minority, that all we asked was the adop- as the wise, because he is equally free, and equally mastion of the amendment of the gentleman from Pennsylva-ter of himself. But as it would be inconvenient for nia, which proposed to send a respectable commission into all your men to meet in one place, would it not be better this region, to see if it be fit for the habitation of the fel- for every town to do as we do--that is to say: Choose by low-beings whom we are driving from their homes; and the vote of ae majority of the town, and of the country peothat this was denied us. Still the act seemed to promise ple nearer to that than to any other town, one, two, three, something to the Indians, for it bore on its face, that the or more, according to the size of the town, of those treaties were not to be violated. The money which it whom each voter thinks the wisest and honestest men of granted was granted conditionally: the condition was con- their place, and let these meet together, and agree which tained in a proviso; and, if that proviso were not acted up of our laws suit them. But these men know nothing of to, no appropriation was made, and no expenditure was our laws. How then can they know which to adopt? lawful. Just two, or perhaps three days after the passage Let them associate in their council our beloved man living of the act, the Georgia laws took effect and went into with them, Colonel Meigs, and he will tell them what our operation over all the Indians included within the nominal law is on any point they desire. He will inform them also boundaries of the State. of our methods of doing business in our councils, so as to

And here I reach a part of the subject, on which I preserve order, and to obtain the vote of every member dwell with great pain--the legislation of Georgia over the fairly. This council can make a law for giving to every Cherokees. It is my duty to inquire into the character of head of a family a separate parcel of land, which, when he the Georgia laws, against which our interference is in- has built upon and improved, it shall belong to him and his voked, and our protection demanded. I speak of the descendants forever, and which the nation itself shall have laws of Georgia individually, and not of the other States no right to sell from under his feet. They will determine, who have extended their jurisdiction over the Indians, too, what punishment shall be inflicted for every crime. because the legislation of Georgia is better known. I do In our States generally, we punish murder only by death, not single out her laws invidiously. Neither do I pretend and all other crimes by solitary confinement in a prison. an acquaintance with her whole code. I have not seen it. "But when you shall have adopted laws, who are to A few laws only, that form a part of it, have come to my execute them? Perhaps it may be best to permit every knowledge; but these are sufficient to establish my propo- town, and the settlers in its neighborhood attached to it, to sition, that these Indians have great and just cause to look select some of their best men, by a majority of its voters, to us for protection. to be judges in all differences, and to execute the law acI will first speak of the effect of the Georgia legislation cording to their own judgment. Your council of repreupon the Cherokee Government. The Cherokees, sir, sentatives will decide on this, or such other mode as may have a very respectable representative Government; re- best suit you. I suggest these things, my children, for the spectable in its character; respectable in its origin. The consideration of the Upper Towns of your nation, to be first sketch of it proceeded from the same pen that draught- decided on as they think best, and I sincerely wish you ed our own declaration of independence. In 1809, Mr. may succeed in your laudable endeavors to save the re

H. OF R.]

Indian Affairs.

[FEB. 14, 1831.

mains of your nation, by adopting industrious occupations stitute is provided, has been abated and broken down as and a Government of regular laws. In this you may rely a nuisance. on the counsel and assistance of the Government of the United States. Deliver these words to your people in my name, and assure them of my friendship.

"JANUARY 9, 1809."

"THOMAS JEFFERSON.

But among the laws of Georgia, extended over the Cherokees, there are some which, from their nature, must take an immediate effect; and among these I cannot but notice several whose operation must be as injurious to the welfare of the Indians, as the entire system is destructive of their rights. At the late session of the Georgia In 1817, this Government received the sanction of the Legislature, a law was passed, "that no Cherokee Indian United States, in a treaty negotiated in that year by the should be bound by any contract, hereafter to be entered present Chief Magistrate, as a commissioner plenipoten-into, with a white person or persons; nor shall any Intiary for that purpose. In the preamble to this treaty, the dian be liable to be fined in any of the courts of law or incidents of 1809 are alluded to; the purpose of the Che-equity in this State, on such a contract.” I am aware rokees who remained on this side of the Mississippi, to that laws of this kind have been found necessary among begin the establishment of fixed laws and a regular Go- the dwindling remnants of tribes, in some of the States, vernment, is recognised, together with the promise, made whose members are so degenerate that they are unable by Mr. Jefferson, of the patronage, aid, and good neigh-to preserve, against the arts of corrupt white men, the borhood of the United States, alike to those who emigrat- little property they possess. But among the Cherokees ed and those who staid behind. This treaty was unani-are men of intelligence and shrewdness, who have acquir mously ratified by the Senate of the United States. Thus ed and possess large accumulations of property-houses, originated and thus confirmed, the Cherokee Government shops, plantations, stock, mills, ferries, and other valuable subsequently assumed a highly regular form, and an im- possessions; men who understand property and its uses as proved organization. Its practical operation was excellent, well as we do, and who need all the laws which property and it did the United States no harm, because it was as- requires for its judicious management. Notwithstanding sumed as the principle of our Government, that no change this, Georgia, at one blow, makes all these people incapawas to be wrought by the improved institutions of the ble of contracting. Men as competent as ourselves to all Cherokees on their relations with us. business transactions, are reduced by a sweeping law to a

Of the orderly and becoming manner in which the Che-state of pupilage. rokee Government was conducted, we have the satisfactory [Mr. FOSTER, of Georgia, explained, that this law testimony of Messrs. Campbell and Meriwether, who went among them to negotiate a treaty in 1823. I read an extract from a letter addressed by them to the council of the Cherokee nation, dated Newtown, 16th October, 1823:

was passed for the benefit of the Indians, to prevent their being imposed on. That it did not release white men from their engagements to Indians, but Indians from their engagements to white men.]

I understood and stated the law, said Mr. E., precisely "Friends and brothers: We are happy that a short as the gentleman from Georgia states it. I know this 'time has been consumed in the correspondence between character may be claimed for the law. But how does it 'you and the State commissioners. seek the benefit of the Indians? By reducing them to a "This has afforded us an opportunity of becoming par-state of minority. Sir, it is for the benefit and protection 'tially acquainted with several members of this council. of children, that they are unable to contract; but still For the whole body we entertain a high respect, and we they are children, and the law holds them to their infancy. trust that with some of you we have contracted indivi-And what sort of a boon is it to men of large property and dual friendships. In saying this, we do no violence to active dealings, to pass a law releasing them from their our feelings, neither do we lower the elevated character contracts? Does it not directly follow, that, if they can' of the United States. People who have never seen you, not be held to their contracts, no one will contract with 'know but little of your progress in the arts of civilized them; and that the apparent limitation of the law, which life, and of the regular and becoming manner in which exempts the Indian, while it binds the white man, is illu your affairs are conducted. sory; for who will contract with a person who is, by law, exonerated from compliance with his engagements? Such a law can have no other effect among Indians than among white men; and what would be the effect on the business of a community of white men, to enact a law releasing them from all engagements into which they might enter?

"Your improvement reflects the greatest credit upon yourselves, and upon the Government by which you have been improved and fostered."

Such was and is the Cherokee Government which Georgia has avowed her purpose, by one sweeping act of legislation, to put down. That State has enacted a law By the law of Georgia, of 1829, the testimony of an making it highly penal to exercise any of the functions of Indian was declared inadmissible in any case in which a this Government. Chiefs, headmen, members of the white man is a party. This law was generally condemned council, judicial and executive officers, are all subject to during the discussions of last year. The objections taken four years' imprisonment in the penitentiary, if they pre-to it were declared by some of the advocates of the course sume to exercise any of the functions of Government pursued by Georgia to be unreasonable, captious, and within their own tribe, and under that constitution which groundless, and were set down to the score of morbid senwe originally and repeatedly exhorted them to frame. sibility and political philanthropy. Now, what has been the In this way the greatest confusion is at once introduced practical operation of this feature in the Georgia law? Gointo the concerns of this unhappy people. Their own vernor Gilmer thus describes it in his message, at the openGovernment is outlawed, and it is made highly penal to ing of the late session of the Georgia Legislature: execute its functions. The protection of the United States is withdrawn, because Georgia has extended her laws over the Indians; and Georgia herself, although asserting, and in many respects exercising, her jurisdiction, has not yet organized it in such a manner as to keep the peace among this afflicted race. Their system of Government, instead of being regarded as almost all Governments, how-bly injure no one. Attempts have been made to strip ever defective, are entitled to be, as an institution neces- them of their property by forged contracts, because of sary for the wellbeing of the people, which ought to be the impossibility of defending their rights, by the testitreated with tenderness, and not be destroyed till a sub-mony of those who alone can know them. And although

"It is also due to our Indian people, that that provision in the law of 1829 should be repealed, which prevents Indians, and the descendants of Indians, from being competent witnesses in the courts of the State, in cases where a white man is a party. The present law exposes them to great oppression, while its repeal would proba

Such is the character which Governor Gilmer gives of this law, and of its operation. I have heard some details of the oppressions to which he alludes. I have no reason to doubt their truth; but I will not repeat them to the House, without vouchers to support them. I will only add, that this law rejecting the testimony of Indians, remains unrepealed; and that their rights and property are still dependent on "the moral feeling of the frontier community" of Georgia. That frontier community must have better feelings and principles than usually actuate a part of every community, if, in the continued operation of this law, the Indians are not subjected to the most grievous oppressions.

[H. or R.

The

'the moral feeling of our frontier community has been as the history or the memory of this generation lasts; yes, 'too correct to permit such infamous proceedings to sir, as long as the earth and the heavens shall last.* effect their ends, yet the character of our legislation law I have quoted is supposed to aim at their exclusion. for justice requires that the rights of those people Thus far it is possible that Georgia (and I again beg should not be exposed to such danger." leave to say that name that State not invidiously) may be thought by some persons not to have gone beyond some abstract right of civil jurisdiction, capable of being reconciled with a "possessory right," in which the Indians were promised by the Executive to be protected. But Georgia has not stopped here. In the course of the year 1829, it was found that this region possessed, and probably in abundance, veins of gold. As soon as this discovery was made, intruders from every quarter, and from all the States in the neighborhood, flocked into the gold region, and overran the land. The Indians demanded their removal by the agent. The agent referred the case to the Secretary of War, and the Secretary of War gave the requisite orders for their removal. This took place before the 1st day of June, 1830. That day the laws of Georgia took effect. And very shortly afterwards gentleman whom I most highly respect, the present Governor of Georgia, and which appeared to be of a character so strange and unexpected, that I could scarcely credit my senses as I read it. Let me read a portion of this proclamation to the House, which bears date 3d June, 1830.

I will mention another law of the new code. Its design may be imperfectly apprehended by me: and if I err in the motive for which I suppose it was enacted, I hope I read a proclamation in the papers, proceeding from a shall be excused, on the ground of the great difficulty of picking up here and there-one law in this newspaper, and another in that-the information which, as it seems to me, ought to have been spread before us, in an ample detail, to enlighten and guide our legislation. The law to which I allude, subjects all white persons, who shall "Whereas it has been discovered that the lands in the reside within the Cherokee country without a permit territory now occupied by the Cherokee Indians, withfrom the Governor of Georgia, or such agent as the Go- in the limits of this State, abound with valuable minerals, vernor shall authorize, and who shall not have taken an and especially gold: and whereas the State of Georgia oath of allegiance as a citizen of Georgia, to four years' has the fee simple title to said lands, and the entire and imprisonment at hard labor in the penitentiary. Now, I exclusive property of the gold and silver therein: and should be glad to be informed where, on her own prin- whereas numerous persons, citizens of this and other ciples, Georgia gets the right to exact such an oath from States, together with the Indian occupants of said terri all persons resident on her soil, granting the Cherokee tory, taking advantage of the law of this State, by which country to be her soil. The constitution of the United its jurisdiction over said territory was not assumed until States gives Georgia no such right. It is there provided, the 1st day of June last past, have been engaged in digthat "the citizens of each State shall be entitled to all the ging for gold in said land, and taking therefrom great privileges and immunities of citizens of the several States." amounts in value, thereby appropriating riches to themGrant that the country is subject to her laws: what right selves, which, of right, equally belonged to every other has she to tender to the citizens of another State an oath citizen of the State, and in violation of the rights of the of allegiance as citizens of Georgia? If I go to Savannah State, and to the injury of its public resources," &c. And or Milledgeville, and demean myself peaceably, I wish to then the Governor warns" all persons, whether citizens know what right, under the constitution, Georgia pos- of this or other States, or Indian occupants, to cease all sesses to shut me up to hard labor in her penitentiary, if‹ further trespass on the lands of this State, and especially I will not take an oath, as a citizen of that State. I am 'from taking any gold or silver from the lands included told that this law is intended to strike at the missionaries. within the territory occupied by the Cherokee Indians," I do not assert the fact, nor ascribe motives to men or &c. All further trespass on their own lands, and all furbodies of men. If this is its design, as it will unquestiona- ther digging for their own gold! bly be its effect, I trust it will be borne in mind that the It is true the Governor, in his message at the opening missionaries were introduced into the Cherokee nation of the late session of the Legislature of Georgia, attempts under very respectable auspices. It was during the ad- to justify this strange pretension. "The right thus asministration of Mr. Madison, and with the express consent scrted," says he, "was supposed to be established by and approbation of Mr. Crawford, while this gentleman the customary law of all the European nations who made held the office of Secretary of War. His letter to Mr. discoveries, or formed colonies, on the continent, by the Kingsbury, to this effect, is among the documents for- fee simple or allodial title, which belongs to the State, to merly communicated to the House. The missionaries were all lands within its limits, not already granted away, and then promised the protection, countenance, and co-opera- the absence of all right in the Indians, they never having tion of the Government; and the annual appropriation for appropriated the mineral riches of the earth to their own civilizing the Indians was recommended to be made, and use." Neither had Georgia appropriated these mines by has been applied in furtherance of their operations. They occupation. As soon as the Cherokees knew their existare, to say the very least, an innocent and harmless class ence, they proceeded to take possession of, and to work of men. They expressly disclaim having interfered in the them, till they were driven away by the laws of Georgia, politic I relations of the Cherokees with the United States. and the troops of the United States. What force there They have unquestionably been the instruments of great can be in the English common law of fee simple and allogood. If this region, and its ill-fated inhabitants, were dial title, to control the stipulations of a treaty between swallowed up to-morrow by an earthquake, and sunk the United States and a tribe of Indians, I confess my inafrom existence, the missionaries would have left monu- bility to imagine. The argument from the customary law ments of their benevolent labors, which will last as long

• Much information relative to the character and operations of the These are the terms of the oath: "I, A. B., do solemnly swear, missionaries among the Indian tribes, may be fand in the memorial or affirm, as the case may be, that I will support and defend the to Congress of the Prudental Committee of the Board of Commus. constitution of Georgia, and uprightly demean myself as a citizensioners of Foreign Missions, presented to the House of Representatives by Mr. E, on the 14th of February.

thereof."

H. of R.]

much.

of the European conquistadores proves a great deal tooremove a portion of them. This step, which they were It would justify the Governor, not only in seizing perfectly warranted to take, occasioned a hostile incurthe gold mines, but in reducing the Indians themselves to sion from Georgia, in the result of which one Indian was bondage, and to labor in the mines. The Portuguese did killed, and some others wounded and carried prisoners this, and so did the Spaniards. The slave trade was pro- into Georgia. This occurrence occasioned the detachjected by the benevolent Las Casas, to relieve the Indians ment of a party of United States' troops into the Cherofrom digging their own gold for their conquerors. kee country, who accordingly came, rather, as it would When this subject was under the consideration of the seem, to protect the intruders from the Cherokees, than the House, at the last session, I certainly did not entertain Cherokees from the intruders. Being there, orders were very favorable auguries of the treatment which the Che- given to the troops to remove intruders from the gold rerokees were likely to receive; but it never entered into gion, and these orders were at first complied with, but my head that they were to be denied a right to their own with partial success: for, as soon as a band of gold dig mines. On the contrary, I assumed it as a matter of gers were driven from one spot, they settled in another, course, that they were the lawful and admitted owners of like hungry vultures frightened from their prey. They this mineral wealth. Having, in the course of my re- are said to have been a colluvies of all classes and characmarks on this subject, had occasion to allude to the in-ters; a lawless and desperate gang. And here ensued s truders into the gold region, before I could finish the scene of a character bordering on comedy, if any thing sentence in which I made that allusion, a gentleman, who can be considered burlesque in so grave a matter. I give voted for the Indian bill, interrupted me, with the prompt it as it is related in the memorial of the Cherokee Indians, assurance that these intruders were ordered to be re- on our tables: moved by the Executive. I was gratified at the informa- "In another case, in the name and authority of George tion, although it was then no more (as I thought) than a R. Gilmer, Governor of Georgia, a bill was filed in chanmatter of course. My next information on the subject cery, in the superior court of Hall county, in July last, was derived from Governor Gilmer's proclamation, claim against certain sundry Cherokees, praying for an injunc ing for Georgia the absolute property of the gold mines, tion to stop them from digging and searching for gold and warning the Indians to desist from digging them. within the limits of their own nation; and the bill being Extraordinary as this is, I fear something more extraor-sworn to before the same A. S. Clayton, he awarded an dinary remains to be told. By the intercourse law, the injunction against the parties named in the bill as defendExecutive is authorized to employ the military force of ants, commanding them, forthwith, to desist from workthe United States to remove intruders from lands belonging on those mines, under the penalty of twenty thousand ing or secured to Indians by treaty. This power has se- dollars, at a time and place where there were unmolested veral times been exercised. But the Indians also possess, several thousand intruders from Georgia and other States, by treaty, the right of proceeding summarily to redress engaged in robbing the nation of gold, for which the themselves. They possess the right by the treaty of owners were ordered not to work by the said writ. Holston, negotiated in 1791. The Secretary of War, in der the authority of this injunction, the sheriff of Hall alluding to the right which the Indians thus possess, under county, with an armed force, invaded the nation, consistthe treaty of Holston, speaks of it disparagingly as a treatying of a colonel, a captain, and thirty or forty militia of forty years old. But it will be recollected that, with all the State of Georgia, who arrested a number of Cherothe other treaties, it was confirmed by an express article kees engaged in digging for gold, who were at first resin that of 1817. What are the terms in which this right cued by the troops of the United States stationed near is secured to the Indians by the treaty of Holston? the place, and the sheriff and his party themselves made "If any citizen of the United States, or other person, prisoners, and conducted fifteen miles to the military not being an Indian, shall settle on any of the Cherokee camp, when a council of examination was held, and the lands, such person shall forfeit the protection of the exhibition of their respective authorities was made, which United States, and the Cherokees may punish him or resulted in the release of the sheriff and his party, and a not, as they please."-Treaty of Holston, Art. 8th. written order by the commanding officer of the United In pursuance of this right, guarantied by treaty, but States' troops, directing the Cherokees to submit to the flowing from that law of nature which is before all treaty, authority of Georgia, and that no further protection could the Indians have exercised this power of protecting them- be extended to the Cherokees at the gold mines, as he selves from intruders: nor was it, that I know of, ever could no longer interfere with the laws of Georgia, but questioned by any administration till this. It has re- would afford aid in carrying them into execution. On the ceived the sanction of the present Chief Magistrate in the return of the sheriff and his party, they passed by the amplest terms. In a letter to Path Killer, and other Che-Cherokees, who were still engaged in digging for gold, rokee chiefs, dated Head Quarters, Nashville, 18th Jan. 1821, General Jackson thus expressed himself:

Un

and ordered them to desist, under the penalty of being committed to jail, and proceeded to destroy their tools “Friends and brothers: I have never told a red bro- and machinery for gleaning gold, and, after committing 'ther a lie, nor deceived him. The intruders, if they at- some further aggression, they returned. Shortly after'tempt to return, will be sent off. But your light-horse wards, the sheriff, with a guard of four men, and a pro'should not let them settle down on your land. You cess from the State of Georgia, arrested three Cherokees ought to drive the stock away from your lands, and de-for disobeying the injunction, while peaceably engaged in liver the intruders to the agent; but if you cannot keep their labors, and conducted them to Wadkinsville, a disintruders from your land, report it to the agent, and, on tance of seventy-five miles, before the same A. S. Clayhis notice, I will drive them from your land. I am your ton, who then and there sentenced them to pay a fine of 'friend and brother, ninety-three dollars, cost, and stand committed to prison until paid, and also compelled them to give their bond in the sum of one thousand dollars, for their personal apIn pursuance of the authority conferred on the tribe, pearance before his next court, to answer the charges of by the treaty of Holston, an authority to the exercise of violating the writ of injunction aforesaid. In custody they which they had been exhorted, a few years ago, by Gene- were retained five days, paid the cost, gave the required ral Jackson, and of which the validity was, I believe, never bond, and did appear accordingly, as bound by Judge questioned before, the Cherokees, in the course of the Clayton, who dismissed them on the ground that the Golast year, in consequence of the number and disorderly vernor of Georgia could not become a prosecutor in the conduct of the intruders upon their lands, proceeded to case. For the unwarrantable outrage committed on their

"ANDREW JACKSON."

FEB. 14, 1831.]

Indian Afairs.

[II. or R.

liberty and persons, no apology was made, and the cost the United States, the President could feel himself autho they had paid was not refunded." rized to employ the armed force of the United States in I confess, when I first read the account of this incident, removing gold diggers, lawless or lawful, Indians or white in the papers last summer, I supposed it was the wild men, from the gold mines of Georgia, if Georgia's they freak of some inconsiderate subaltern; I did not imagine must be? It is not his duty to enforce the laws of Georthat it could have taken place by order from the Execu-gia, nor to protect her property. She maintains that she tive of the United States. The affair is but partially ex-is able to do it herself. Nay, the still broader question plained in any document I have seen; but thus much is presents itself-what right, on the ground assumed by certain, that orders were sent by the Secretary of War to Georgia and the Executive, have we to go upon the soil the Cherokee agent, and to the officer commanding the of Georgia to remove or bribe away a part of her subtroops of the United States, to forbid the Cherokees as jects or citizens? What right to keep an agent there, or well as the intruders from digging the gold mines. On to pay them an annuity? Am I answered, it is done in the 26th June, 1830, an order was issued from the War pursuance of treaties? The treaties are declared unconDepartment at Washington to the officer commanding the stitutional and void. Sir, it happens now to accord with United States' troops in the Cherokee country, “direct- the interest of Georgia to permit it, but surely she will ing him, until further orders, to prevent all persons not bend her principles to her interest. 'from working the mines, or searching for or carrying It has been urged against the Colonization Society, on away gold or silver, or either metal, from the Cherokee very high authority, that it is unconstitutional for the "nation." United States to go into a State to remove a part of its

This order was communicated by the agent to Mr. colored population. In a very able report made to the Ross, the principal chief of the Cherokees, in a letter Senate, I think at the first session of the twentieth Condated 10th July, 1830, in which he says: "I have also gress, I find the following argument:

⚫ enclosed you a copy of a letter from the War Depart- "Before they leave this part of the subject, the comment, on the subject of the gold mines, by which youmittee will observe that the framers of the constitution will see that all persons are ordered to be kept from most wisely abstained from bestowing upon the Govern digging for gold until further order; and have to requestment, thereby created, any powers whatever over the cothat you will, in such way as you think best, make it lored population, as such, whether this population was known to the Indians, and also that you will advise them bond or free. to desist for the present, as I am very desirous that no difficulties should take place between the United States' troops and them on the subject."

ter.

sons are embraced within this description. They must have the power of determining finally not only who are colored, but who are free persons. This committee be'lieve, however, that any attempt, by the United States, to exercise such a power, would not only be a direct violation of the constitution, but must be productive of the 'worst effects."

"If the United States possess the right to intrude into any State, for the purpose of withdrawing from thence 'its free colored population, they undoubtedly must exert And now, sir, I think I may safely appeal to many gen-practically the power of previously deciding what pertlemen of the House, who voted for the Indian bill last winter, whether it entered into their imaginations that, under that bill, and with its proviso, the Indians should be prohibited by the armed force of the United States from digging gold within the limits secured to them by numerous treaties. There were gentlemen, I know, who voted for the bill, condemning the policy of which it is a part, but deeming it necessary to save the Indians. Others Now, sir, it is not necessary to consider how far this thought something ought to be done, in consequence of argument applies to the operations of the Colonization the compact of 1802. Others were influenced by some Society. But on the principle that the Indian country is refined notion of a jurisdiction co-extensive with the char- a part of the soil, and its occupants a portion of the peoDid any of them mean or intend that, within less ple of the State, I confess I do not see how gentlemen than a twelvemonth-within less than three months after who stand on the ground of State rights and strict conadopting a proviso that the treaties should not be violated,struction of the constitution, can move an inch in this the Cherokees should be driven, by the bayonet of our matter. What, sir, constitutional for the General GovernUnited States' troops, from gold mines within the boun- ment to go into the counties of Georgia, into Hall and daries secured to them by treaty and law? The winding Habersham, to get the people of those counties together up of this affair was in keeping with its commencement --people subject to the laws of Georgia--make a compact and progress. The object of marching the troops into with them to move away in a body--take millions of mothe Cherokee country, according to Major General Ma-ney out of the treasury of the United States to effect this comb, “was to guard against the difficulties which it was object—to enable the President to go upon the soil of apprehended would grow out of the conflicting operations Georgia, and buy off her people! In what part of the of the Cherokees and the lawless intruders upon the mi- constitution, on the principles which gentlemen set up, is neral district within the State of Georgia. Having ful there a word to warrant such a policy, or to justify an apfilled the instructions of the Government, the troops were propriation of money to carry it into operation? directed to return for the winter to their respective quarters."

I know it has been answered, that it is constitutional to fulfil a compact. I must own that this mode of getting at On the 29th of October last, Governor Gilmer wrote a grant of power is, for statesmen who advocate a strict to the Secretary of War, requesting the removal of the constitution, liberal enough. According to this principle, troops, on the ground that the State of Georgia could en- the General Government may enter into a compact to do force her own laws. On the 10th of November, the Se- an unconstitutional thing, and it thereby becomes consticretary answers him, that, previously to the receipt of his tutional. On the ground upon which this new Indian letter, (two days before,) the troops had been ordered policy rests, the compact of 1802 was itself unconstitu out of the Cherokee nation, because the purposes for tional, and was so argued to be in the Senate last winter. which they had been sent into it were, in a great mea- If the soil and jurisdiction of this territory were already sure, accomplished. This object, according to the gene- Georgia's, the United States had no right to interfere with ral commanding in chief, was to prevent collisions it, not even to extinguish the Indian title on peaceable and between the Cherokees and lawless intruders into the reasonable terms. Unless the principles of the constitugold district. It was answered, by removing both! tion vary with the complexion of those who are the subAnd here it is obvious to ask, how, on the ground as-jects of its provisions, the United States have just as little sumed by Georgia, and sanctioned by the Executive of right to enter into compact to extinguish the title of the