There the benevolent may endeavor to teach them the arts of civilization, and, by promoting union and harmony among them, to raise up an interesting commonwealth, destined to perpetuate the race, and to attest the humanity and justice of this Government.

[MAY 17, 1830.

merely because they have seen them from the mountain, or passed them in the chase.

In all the acts, first by the colonies, and afterwards by the State Governments, the fundamental principle, that the Indians had no right either to the soil or sovereignty This emigration should be voluntary; for it would be of the countries they occupied, has never been abandona3 cruel as unjust to compel the aborigines to abandon the ed either expressly or by implication. The rigor of the graves of their fathers, and seek a home in a distant land. rule for excluding savages from the soil, to make room for But they should be distinctly informed that if they remain agriculturists, has been mitigated, the earth being intended within the limits of the States, they must be subject to their for the benefit of all mankind. The Indians are secured in a laws. In return for their obedience, as individuals, they sufficient quantity of the lands they occupy, for every useful will, without doubt, be protected in the enjoyment of those agricultural purpose. Hence we find reservations made possessions which they have improved by their industry. to the Indians, in most of the old States, as well as the But it seems to me visionary to suppose that, in this state Federal Government. It is believed that no respectable of things, claims can be allowed on tracts of country on jurist would risk his reputation by contending that a right which they have neither dwelt nor made improvements, to land could be maintained before any of our courts, merely because they have seen them from the mountain, State or federal, where the title has been derived from Inor passed them in the chase. Submitting to the laws of dians, unless the lands had been granted or patented by the States, and receiving, like other citizens, protection in the Federal or State Governments. their persons and property, they will, ere long, become merged in the mass of our population."

The practice of buying Indian lands is nothing more than the substitute of humanity and benevolence, and has been resorted to in preference to the sword, as the best means for agricultural and civilized communities entering into the enjoyment of their natural and just right to the benefits of the earth, evidently designed by Him who formed it for purposes more useful than Indian hunting grounds.

The extract from President Jackson's message, just read, is an unanswerable speech in favor of the entire measure on your table. Moreover, short as it is, it contains an irrefutable argument against every thing which can be devised by the ingenuity of our opponents upon this subject. They may theorize upon the subject, as to what ought and what might have been done in relation to the Indians; they may When the Indians in any colony or State were numecalmly look on, and advise those who are in pain to be easy rous, powerful, and warlike, it has been the practice of and quiet; they may give lectures upon morality, human- all to conciliate them by entering into condescending ity, and benevolence, by an imaginary state of things which compacts and treaties, and thus effect by prudence what does not exist; but the President of the United States, with they were unable to perform by force. By all the old his usual practical good sense, takes up the subject as it States, except Georgia, this kind of treaty legislation has actually exists, points out the course which should be pur-long since been abandoned, and direct legislation, for the sued as best calculated to benefit the Indians as well as the States, and tells you plainly, no other alternative is left, that will not terminate in the destruction of the Indians, as well as the rights and sovereignty of the States. Yes, sir, good and evil are placed before you. The only hope of the salvation of the Indians is in your hands. Their destiny is suspended by a single thread. God forbid that I should ever be so far infatuated by party prejudice, for or against any man or set of men, as to be induced to use my influence to destroy the remnant of the sous of the forest, or jeopardize the best interests, the peace, harmony, and prosperity of any of the States or territories of this Union. Sir, I never shall enter the partisan list to such an extent. I love my friends, but I love my country more.

It gives me pain to be under the necessity of making the allusions which I have done, to individuals, societies, and sections of our country. I would gladly have avoided ⚫it; and nothing but a sense of duty could have influenced me to expose the opposition to this measure as I have done. I hope, however, that the spirit and intention of my remarks will not be misconstrued. I entertain no hostile or unfriendly feelings toward any human being. Every thing that deserves approbation or admiration, in every section of my whole country, is dear to my heart. I have not travelled out of the path of my duty to commence attacks on any individual or community, but, without intimidation, I have acted on the defensive. This, sir, was due to my constituents, as well as myself.

control and government of the Indians, substituted in lieu thereof. The opinion of the Supreme Court, referred to by my friend [Mr. BELL] from Tennessee, I believe, is considered and received as orthodox by every State in the Union, in which the distinguished and learned Judge Spencer (now a member of the House of Representatives) declared that he knew of no half-way doctrine on this subject." If a State has jurisdiction at all, it has complete and entire jurisdiction. The principle upon which jurisdiction is assumed does not admit of division.

Sir, much has been said and written, with a view of maintaining the doctrine of Indian sovereignty; and I admit many of the acts of the General and State Govern ments may be selected, apart from their general policy, which would seem to afford eupport to this position. Yet, when we take the whole policy and history of these Governments, as exhibiting an entire system, it must be admitted, they have never hesitated to extend their sovereignty over the Indians in their respective spheres, when it was deemed expedient to bring them under their laws and jurisdiction; unless, indeed, we find this hesitancy in the absence of physical power. Here I will remark that the only reason why any State in this Union has permitted the interference, or sought the aid of the General Government, to take any part of the management and control of the Indian tribes residing within their respective boundaries, has been on account of their physical weakness; and they have, therefore, looked to this Government for that aid and succor, to afford which, it was established by the several States of this Union. Yes, sir, this Government was formed to protect, and not to destroy the State Governments. In all the States, we find, so soon as the Indians were reduced to a condition that no danger was to be apprehended from their power and hostility, the States have invariably taken their Indian affairs into their own hands, and no longer looked to the federal arm for aid.

Having said so much in regard to the President's message, I will return to the elementary writers upon natural law, but shall give no quotations from, or comment on what they have written. I merely refer to them for the purpose of saying, I think, a fair, practical comment upon those laws, so far as they relate to the subject under consideration, may be found in the history of the colonial, State, and General Governments of this country. If this proposition be admitted, it is visionary to suppose that Indian claims can be sustained to large tracts of country, Upon every branch of this subject, it is necessary conin which they have neither dwelt nor made improvements, stantly to keep in view the distinction between privileges

What has been the history of the engagements formed by that compact? Let facts answer this question. From that day to this, Georgia has been the subject of unremitted and unmerited abuse. While the claims of the Yazoo speculators were pending before this Government, it was seized upon as a fit occasion, by prejudice and igno rance, to censure and revile Georgia, apparently forgetting the fact that this Goverment had beeen a great gainer by the misfortunes of Georgia, and had actually received a hundred-fold for all its troubles and expense in settling and quieting these claims.

and immunities. The States have privileged the General her compact with this Government in 1802 secured the Government to assume the management of very important pledge and faith of the Federal Government to effect matters connected with their Indian relations. Yes, sir, these desirable objects for Georgia. Yes, sir, from the the aid of this Government has often been sought in those signing of the compact of 1802, Georgia had a right to matters; nevertheless, while the States thus sought and expect peace and quiet on the subject of the Yazoo speassented to this exercise of power on the part of the Ge- culation, as well as a speedy, reasonable, and peaceable neral Government, it was from motives of prudent policy relief from all Indian claims to lands within her borders. and interest. No State of this Union ever saw the time But, sir, we have experienced a ten-fold portion of that that they would have yielded to this exercise of power, disappointment which the vicissitudes of fortune bring when claimed as a right, and attempted to be enforced to man. contrary to the wishes of the State. It is the same case in regard to the Indians residing in a State. They are privileged, in very many respects, far beyond their rights or immunities. While the population of a State is small, and its territory extensive, large tracts of country are permitted to remain for the use and privilege of the Indians, to hunt and roam from place to place. They are also left to regulate their own affairs according to their own customs, without any interference on the part of the State. But when this state of things becomes changed, as it now has in Georgia, the State is, of necessity, compelled to assert and maintain her rights of sovereignty and jurisdiction. If the question of the right of Georgia to unqualified jurisdiction within her own limits, is considered as forming any part of the subject under consideration, by implication or otherwise, I think I may, with great confidence, look to this House for a just decision. But should I be disappointed in an American Congress, I will then appeal to the people and States of the Union. Congress have sometimes failed to obey the will of their constituents, and they may do so upon the present occasion. If they do, I look to the unofficial sovereign people, to apply the proper remedy.

My physical strength admonishes me to draw to a close; and but for the peculiar situation in which I stand related to the subject, and the more forcible consideration that the character of Georgia should be vindicated and exculpated from the many aspersions and calumnies cast on her, here and elsewhere, my remarks would have been few. and strictly confined to the subject; but much as I have already said, and desultory as I know my remarks have been, I must beg leave to ask, in the name and behalf of the people of Georgia, a comparison between her laws and proceedings, with those of any one of her sisters of the old thirteen, who achieved the glory of our liberty and independence.

Again, sir, from that day to this, whenever the subject of extinguishing Indian title to lands within the limits of Georgia has offered the slightest opportunity for declamation, we have, with deep regret, discovered the same spirit which the gentleman from New York [Mr. STORRS] has manifested upon the present occasion.

But, sir, I will not dwell upon the wrongs of Georgia. It is the province of weakness to complain. We have sought from this Government our rights, in the fulfilment of her engagements with us. They have long been withheld, upon frivolous excuses. We had lost confidence in any appeals which we could make to this Government; that confidence has been restored to the executive branch of the Government, by the course which has been marked out and pursued by our present Chief Magistrate. He has spread his opinions before the nation, in relation to the claims and rights of Georgia, upon the Indian subject. Georgia is now waiting to hear the response of this branch of the General Government. A disposition manifested on your part to make reparation to Georgia for the multiplied wrongs which she has endured, will be grateful to the feelings of every Georgian.

But, sir, arraigned as we are at your bar, we have no supplications to make. We deny your right of jurisdiction. Upon the subject of our sovereignty we fear noIn humanity, forbearance, and liberality towards the thing from your sentence. Our right of sovereignty will Indians, Georgia has no superior, if she does not stand not be yielded. If you do not perform your duty, by pre-eminent. The prosperity and advancement of the witholding your opposition to long delayed justice, and Indians within her boundaries is the theme of Indian his fulfil the condition of your contract of twenty-eight years' tory, and the glory of missionary efforts. Volumes have standing, I would then advise you to let us alone, and leave already been written, and sent to every quarter of the us to manage our own affairs in our own way. While I globe, to carry the glad tidings of the advancement and would scorn to be heard in the tone of supplication, in reformation of the Georgia Indians. And yet, sir, have you reference to the rights of my constituents, I would, nevernot, from day to day, throughout this long session, seen theless, as the sincere and candid friend of the Cherokee the provocations teeming upon President Jackson and the Indians, use the language of expostulation in their behalf. Georgians, and a spirit of asperity, rarely witnessed in this The Cherokees, as well as the Georgians, are tired of susor any other country. Martyrdom, the fagot, the flame, pense. A crisis has arrived, which calls for action. Things and stake seem to inspire the ardent hopes and ambition can no longer remain in their present state. of our opponents. Sir, Georgia would turn away from Some acknowledged competent authority must be sussuch sacrifices; she requires no such immolation to re-tained, in what is called the Cherokee country. In its strain the impetuosity of her citizens from acts of inhu- absence, we may daily expect to hear of anarchy and manity and violence towards the Indians, or any other d. It is not only intruders from Georgia, but from people. If you want any evidence of the generous spiri ous other States, who have recently rushed into the and liberality of Georgia, turn your eye to the maps Cherokee country, to avail themselves of the advantages which adorn your walls; look upon the two flourishing which may be found. States of Alabama and Mississippi, (for these States may, to a considerable extent, be considered a donation, on the part of Georgia, to this confederation of States.) It is true, Georgia did, at the time she ceded that territory to the Union, expect to relieve herself thereby of litigation and embarrassments, with which she was harassed, and which were of an unpleasant and perplexing nature, and VOL. VI.-129.

Give your support to the bill under consideration. Hold out no vain and delusive hopes to these sons of the forest. The history of the past gives them strong claims on our sympathy, benevolence, and liberality. Join us in this great effort to save the remnant tribes of the originals. They are a peculiar people. They look back to the time when they were the undisputed masters of this mighty

H. of R.]

of success.

continent. They see in the future no reward for ambition of our solemn engagements. Let others have such systems or exertion, unless you plant them in permanent homes, as they please, we have one established by the practice of where the extended views of their true friends and bene- every successive year, resting on the eternal principles of factors may systematically go forward with some prospect justice, and wrought into all our laws on this subject. And, sir, even if we could not have taken the ground which we did at first, and have since maintained, we can not now deny it, and appropriate our funds, and lend our national arm to subvert it-we are committed. We have invited the Indians to treat with us-to trust us-to pat themselves into our hands—and now can we betray them! Can we advance money to carry into effect a system at war with our treaties and our solemn pledges? This is the ground. And though I shall investigate a little first principles, I do contend the friends of the Indians need not go beyond the statutes and records of our own Govern ment to learn the line of duty.

Mr. ELLSWORTH said, he would most cheerfully acquiesce in the proposed appropriation to assist the Indians in their removal, could he believe that this object would be effected in good faith, and according to the unbiassed wishes of the Indians. But he did not believe such would be the fact. Whatever gentlemen may say and feel in this House, [said Mr E.] in the honest expression of their views, I have no doubt that mercenary motives, in some of the southern and southwestern portions of the country, have had, and still have, an important influence upon this measure. It is advocated upon principles at war with our policy towards the Indians; upon principles which no State | The advocates of removal tell us we cannot interfere in this Union can expect this Government to recognise or with the internal concerns of a sovereign State. The gensanction. By the compact of 1802 with the State of Geor-tlemen from Georgia admonish us that that State has taken gia, we agreed to extinguish the Indian title to her lands her course, and nothing will divert her-that she is soveas soon as it could be done "on reasonable terms, and reign, and will do as she pleases; and they advise us to let peaceably." In In compliance, I should be glad to unite her alone. Sir, the difficulty is, she will not let us alone. in any proper measures, as being an amicable and honor- She says, give us your money; pledge the national treasury able mode of settling questions of grave consideration now to remove the Indians within our borders; and all this she urged upon us, and as meeting the wishes of several of demands of us, by trampling under foot the charters of our the States who feel their rights, dignity, and welfare to be plighted faith, and changing completely the principles of involved in the issue, Certainly I shall strive to be faith our relations with the Indians. She asks too much. She ful to every just expectation of a State. But we must asks what honesty requires us to withhold. I will never not be faithless to our engagements. Sir, I have no belief give her a farthing upon the principles she assumes-nor that the bill wlil bring along with it the proposed and desir- can this Government, without exciting the just indignaable effect; and while I am ready to go as far as any gen- tion of this nation, and of mankind. tleman to assist in an honorable removal of the Indians, I cannot do it under circumstances which admonish me that this bill is but a part of a united effort virtually to expel the Indians from their ancient possessions. Some of these circumstances I will lay before the committee. No option is left with the Indians as to their removal, if you pass this bill, consistent with their heretofore acknowledged rights, and such as the faith and honor of this country ought to secure to them.

I will now mention some of the circumstances which show the character and object of this bill.

First, then, the Executive, whose opinion and future course of conduct on this subject, it seems, were well known before his election, applauds Georgia for her great forbearance towards the Indians, and denies their right of self-government and of soil, except to such a portion as they may happen to be in the actual occupation and enjoy. ment of.

Before I mention these circumstances, permit me to call Next, the Secretary of War, in his official communica the attention of the committee to the true question in de- tions, labors to prove that they have no rights at all, not bate. This bill proposes a scheme for the removal of all even in any portion of the soil; for he asserts they have the Indian tribes on the east of the Mississippi to the west- lost all, and the States have acquired all, by conquest and ern wilderness. The sum now to be appropriated, it is discovery; and such has of late become the language of admitted, is for a beginning only. None suppose the Georgia. She openly declared, by her Senate, in 1827, whole expense will fall short of three millions, and many "that the State might properly take possession of the think it will be more than quadruple that sum. What is Cherokee country by force, and that it was owing to her the character of this grand scheme? Upon what princi- moderation and forbearance that she did not thus take pʊsples is it urged upon us? It becomes us to examine it nar-session." Previous to this declaration, a joint committee rowly. If it is to operate coercively upon the Indians; if of the Legislature had made a report, in which they say that bribery, corruption, and menace are about to make it ef- the European nations asserted successfully the right of ocfectual, as I verily believe will be the fact, we cannot give the funds of this nation to assist in its accomplishment. The question is not so exactly what is the relation between the States and their Indian tribes, as what is the relation of this Government to them. It is not so material what notions Georgia entertains about the original rights of her Indians. She may deny them all, if she pleases, and her advocates may contend that it is now too late to inquire into their rights, as distinct and independent; but since we are called upon to accomplish their removal, it is our duty to see that the principles which have hitherto regulated our relations with the Indians, are not denied or abandon-one of the two ways, to do so; but by this contract she ed. This Government has settled the character of the Indian tribes-it is too late for her to speculate, if she would, on this subject. The whole history of our Indian Depart ment-the scores of treaties we have made, and the intercourse law of 1791, and now existing as passed in 1802, establish great fact that this Government has held these tribe to be distinct from the States for all national purposes; nor can we now deny it, without the most manifest injustice to the Indians, and the most glaring disregard

cupying such parts of America as each discovered, and thereby they established their supreme command over it. Again" It may be contended with much plausibility that there is in these claims more of force than of justice; but they are claims which have been recognized and admitted by the whole civilized world: and it is unquestionably true, that, under such circumstances, force becomes right. Before Georgia became a party to the articles of agreement and cession, (the compact of 1802,) she could rightfully have possessed herself of those lands, either by negotiation with the Indians, or by force; and she had determined, in made it the duty of the United States to sustain the expense of obtaining for her the possession, provided it could be done on reasonable terms, and by negotiation; but in case it should be necessary to resort to force, this contract with the United States makes no provision: the consequence is, that Georgia is left untrammelled, and at full liberty to prosecute her rights in that point of view, according to her discretion, and as though no such contract had been made." Truly, this is logic with a ven

MAY 17, 1830.]

Removal of the Indians.

[H. or R.

geance. And we are called upon to sanction these abomi-, chiefs alone"-" to move upon them in the line of their prenable doctrines. They lie, avowedly, at the basis of this judices, and to give them rewards." The letters of instrucfearful measure. May the national council pause upon the tion to these agents of Government we have on our tables, brink of this precipice, before every thing is lost in the They are a stain upon our national character. These fruitchasm below. less attempts to induce the Indians to remove, prove, beyond all question, that they never will remove, if left to act their own pleasure.

Another circumstance of admouition is, that an honorable committee of this House have openly declared, in their report made to sustain this bill, that the Indians are mere tenants at will, strictly having no rights to territory or self-government-and that the red men lie at the mercy of the whites, by reason of discovery, conquest, civilization, greater knowledge and power, or christianity, or the hke. This is their language on the fifth page: "But in all the acts, first of the colonies, and afterwards of the States, the fundamental principle, that the Indians had no rights, by virtue of their ancient possession, either of soil or sovereignty, has never been abandoned either expressly or by implication." So again: "No respectable jurist has ever gravely contended that the right of the Indians to hold their reserved lands, could be supported in the courts of the country upou any other ground than the grant or permission of the sovereignty or State in which such lands Tie." This report goes further than I had supposed intelligent men could go. It really leaves nothing to the Indian. The very soil on which he lives, and where his ancestors lived before him, is none of his, but belongs to the I white man.

I cannot help believing that much is meant by this bill of appropriations. The Indians will feel that they must go, or be abandoned to their fate; and the world will jus tify that feeling. They must and they will go. While the Indians are thus abandoned by the United States-pressed by the States in which they live, and denied all right of territory and self-government, let us not delude ourselves with talking about their voluntary and cheerful removal, but rather let us meet the matter fairly, and make out the position, that this nation, or the individual States of it, have a right, before God and man, to send the Indians even to the Pacific Ocean, if they be in the way of our growth and expansion.

Let me now ask the attention of the committee to the great questions-What are the rights of the Indians ? and what is our duty to them?

It is not at all improbable that we shall answer these questions differently from what the Indians would. We may adopt a course of reasoning which they would deny, and one which we might perhaps see differently if the Indiaus were the stronger party. But I trust that we shall not forget that truth and justice are always the same, and that towards the Indians we ought to act upon the most noble, generous, and humane principles.

The Indians declare to us that they are to be sacrificed to the mercenary views of the whites. They come in a body of some thousands, imploring our interposition. They recite our treaties, in which they have given themselves into our arms for protection, and in which we have most solemnly received them, and pledged ourselves to protect them from every power whatever. Sir, it is becoming us, to look at this matter fairly and fully, and see where

Nor am I less alarmed to see it so seriously asserted by the committee, that all our Indian treaties are a mere le gislative proceeding, and as such alterable at our pleasure. And I am by no means certain that the committee do not mean to say that our treaties and legislative enactments, as far as they rest on any rights of the Indians, are unconstitutional and void. Page 8th, I read-" These treaties were but a mode of government, and a substitute for ordinary legislation, which were from time to time dispensed with, in regard to those tribes which continued in any of the colonies or States until they became enclosed by the white population." If these treaties are not binding to their full extent, then the great meu who established the Go-duty lies. verument, and for years administered it-all the Presidents of this Union, and their associates, including, too, our present Chief Magistrate, have been in error, and made treaties and laws without right, and against right.

What, then, I ask, are the rights of the Indians? I maintain that the complainants have the right of territory and self-government, and that these have ever been accorded to them by this Government.

I have a further reason for fearing the Indians are to be Suppose, sir, we were now, for the first time, to learn expelled. While such sentiments are entertained in the that there was a tribe of Indians in Georgia, the Cherokees cabinet, certain States, for the first time, and just at this we will suppose, and that, discovering them, we should risis, put the finishing stroke to this grand scheme of re-learn they had lived upon their present territory, and their oval. They deliberately pass laws, annihilating the inde- ancestors before them, from a period beyond all memory pendent existence of the tribes; abrogating all their cus- or history. Suppose we should find them to be owners of oms, decrees, rules, and obligations; exeluding the superin- a tract of land containing eight millious of acres, possesstendence of Congress; opening the whole country of the ing a government of laws, a public treasury, schools, and Indians to the whites; and, in short, taking from them their religious institutions, and made up, to a great extent, of wn government, and excluding them from a participation farmers and mechanics, advancing in knowledge, wealth, ☛ theirs; and all this upon a claim of right, while the sin- virtue, and power. Suppose all this, (and I do not speak le object is to coerce their removal. of an imaginary people,) what should we say of their rights as a nation? We could not possibly differ. Writers on the law of nature and of nations, politicians and moralists, of every school and every age, would agree that they had the most perfect and absolute right to territory and government. And let me stop here to remark that the Indian right to territory is no better than his right to goverument. Every consideration can be urged in favor of one right, that can be urged in favor of the other. They must stand or fall together. I do not deny that the right of soil and jurisdiction may be divided; but they are not so in this case. If the Indian tribes have a right to live upon their possessions, they have a right to live there as they please, provided they do not annoy us.

Now, sir, when I find such sentiments prevailing in cerCain States, and in the cabinet, and that the like are urged pon us by the committee to induce the House to pass this Sill, I am alarmed for the poor and helpless Indian-I feel at power is arrayed against right; and that the voluntary, biassed expression of the Indians, as to their removal, is not likely to be had.

Besides, sir, we have the expression of the Indians reiteted upon us. They do not wish to remove. For years Ive we been laboring to make them remove-have made em liberal offers-induced them to go and see the pro ised land tendered to them; but it is all in vain; like others, ey prefer to live and die where their fathers lived and i á ed, and refuse, absolutely, to remove. And to make the t and final attempt, this great and mighty Government 28 insidiously sent in its agents, Generals Coffee and Car11, secretly, as their friends, to advise them "to try the

Now, I ask gentlemen if the rights supposed are not really the present rights of Indians. Here they are: here they ever have been; and here they are in the condition in which I have supposed. In 1826, the Cherokees

H. OF R.]

Removal of the Indians.

[MAY 17, 1830.

were the owners of two thousand nine hundred and forty-1 against us. Sir, the Indians should be left to feel that we three ploughs, one hundred and seventy-two wagons, two are honest and faithful to our engagements, and that we thousand five hundred sheep, seven thousand six hundred are not about to change our whole course of intercourse with horses, twenty-two thousand cattle, four hundred and forty- them. They know nothing about this European notion of six thousand swine. Have they done any thing to forfeit title by first discovery. They have always occupied their their rights? If so, when? how by what act? by what present possessions. The Indian finds that the Great Being event! True, we have gathered round them, while they who made him has given him a place on the earth, and he have been receding to their present narrow limits, and ad- argues that some reasonable portion of it, on which he vancing to their present condition of knowledge and im- was born and has ever lived, must be his; and that that provement; (and had they not a right so to advance ?) portion of it cannot be wrested from him by another's When we have taken their lands, we have purchased them, casting his eye or placing his foot upon it. and marked distinctly the boundaries of what we left. Now, Thus much for the right of discovery. I again ask gentlemen when the Indians lost their rights. As to the right of conquest, I imagine even less can be The whites may have made maps and charts, and drawn said. Victory and activity subject the vanquished and his lines; but what have the Indians done? They are the crea-property to the pleasure of the victor. But then the right tures of the same God with ourselves; he has made them, of claiming the country of another nation, and of exercisand placed them where they are; he it was, who gave them ing government over it, depend upon the fact of a victoritheir lands to dwell in. Sir, I declare there is no right in ous conflict-taking possession as conquerors, instituting us to take it or their Government from them. Power may a government as such, and driving out the enemy, or redo it, but the God of heaven will not sanction it. Self-ceiving him as a dependent subject. But none of all this, defence does not require it; nor does discovery, conquest, surely, is true of these southern tribes. All the wars be civilization, or christianity give it. tween them and us have terminated in formal treaties, Let us look, for a moment, at these several grounds of leaving them in possession of their territory, distinctly setitle. What, sir, is the right of discovery? This right is knowledging their independent existence, and guaranty. often spoken of by those who are adverse to the claims of ing to them their possessions. Treaties to this effect are the Indians. Among the nations of Europe, it seems to numerous, and, I trust, too familiar to this House to need to be a principle of the law of nations, that if the subjects of be read. Besides, so far as the Indians have lost their any king discover and enter upon new and unknown lands, country by conquest, the United States have acquired it, they become a part of the dominions of that king. There and not the States. The States have never conquered is much that is arbitrary and fanciful about this right. But, their country, or taken possession of it, or abolished their be it reasonable or unreasonable, it is a mere political ar- laws, and instituted a government of their own. The wars rangement among nations, established to regulate their have been conducted by the United States, but she has se own conduct among themselves, and has nothing to do with knowledged their independence in the numerous treaties the prior possessors of the land. I can hardly conceive of peace already mentioned. Nor has she ever taken any how sailing along our coast for a few miles should, in the thing from them, not even a right of passage through their first instance, have given a right to North America. But territory, without their consent and an equivalent. It is be it that it does; how are the Indians affected by that forever too late to talk of conquest. Great Britain has consideration? Suppose even the rights of the Indians not more fully acknowledged our independence than have ought, upon general principles, to be limited and restricted we that of the Indians. With the Cherokees we have by the settlements of civilized and christian people, will made sixteen treaties. They all begin and end with this any contend that the Cherokees, for instance, ought to be sentiment. And even if these treaties were made without driven into narrower limits than their present possessions? authority, (which I by no means admit,) they negate all If, because we are enlightened and civilized, by discover-right or claim by conquest. Before the union of these ing this country we have conferred on us a right to drive States, Georgia herself, by more than one treaty, most fully off the Indians, or wrest from them their Government, acknowledged the rights of the Indians. It is enough that (which I consider the same thing,) then we may, if it be- she never did take the attitude of a conqueror. [See the comes necessary, in order to secure our further advance-treaty made at Dewitt's corner in 1777. ment in knowledge and virtue, drive them into the Western lf, then, Georgia and the other States have no right, Ocean, or even put them to death. Certainly nothing of this kind is necessary. Indeed, I believe the Indians, by being established on the west side of the Mississippi, will become a greater obstacle to our national growth and prosperity, than if left as they now are. Not twenty-five years will pass, before the Indian on those rich lands will be in Bome white man's way.

It may be true that the European nations, the English, French, Spanish, and Portuguese, have apparted this continent upon the principle of title by the first discovery and possession. But, in doing this, they had infinite difficulty and wars; nor did they then do it with reference to the Indians, but only to govern their own conduct, and to avoid further collision and war. Has it not been the established principle of this Government to recognise the Indian title Has it ever taken their land upon this title by discovery without their consent, and for an agreed consideration Sir, do we not every year acknowledge their title, by making treaties with them, and paying annuities? We pay, I think, more than two hundred thousand dollars an nually to the Indians in annuities. How can we, the United States, a right which we have recognised, aye, guarantied, thousands of times! We are estopped. "We are convicted by our own conduct from the very beginning. The history of our Government will rise up in judgment

directly or indirectly, to expel these Indians-no right to their Government or their territory, by discovery or conquest, or civilization, or christianity, when, and where have they this right at all? True, they may not wish to have the Indians within their limits-but who put them there? God. How long have they been there? Always. Nor is it their fault that the whites have gathered around them, or that it so happens that they fall within the chartered limits of a State. This is no act of theirs, whereby they forfeit their rights, nor do they admit, nor have they at any time, that they are not independent and sovereign. They have granted no charters and drawn no lines, except as they have sold to the whites.

I have thus far considered what are the rights of these Indians, independent of treaties and legislation, on our part: but I will now call the attention of the committee to the political condition in which this Government has considered them to stand, and I affirm we shall find every thing to confirm the opinion already advanced. No posi· tion is susceptible of better proof.

From the first union among the States, our relations, with the Indian tribes have been conducted by the National Government. As our defence in case of war with torm required the general arm and common funds, the nation was interested to superintend all intercourse with them