FEB. 14, 1831.]

is the sounder.

Last year the benevolent policy of settling and civilizing 1830. This example of Georgia was imitated by Alabama them had been thwarted by another, that of removal to and Mississippi. By these State laws, the organization the West, declared to be incompatible with its success. previously existing in the Indian tribes was declared unThis year the removal to the West is declared to be the lawful, and was annulled. It was made criminal to exerbenevolent policy which has been steadily pursued. In cise any function of Government under authority derived my judgment, the view taken in the message of last year from the tribes. The political existence of these communities was accordingly dissolved, and their members But the policy of removal has, I grant, been pursued declared citizens or subjects of the States. What a consteadily for thirty years, but never in the same manner as trast, in two or three years! In 1826, after many days' now. It was never thought of, that all the treaties and debate, the Legislature of Mississippi decided that it had laws of the United States protecting the Indians could be no right to pass a law to pursue its own citizens, being annulled, and the laws of the States extended over them; fugitive debtors, into the Indian country. In 1829, the laws of such a character that it is admitted, nay urged, same State extends all its laws over the Choctaws, abrothat they cannot live under them. The policy of removal gates their Government, and denounces the punishment has been pursued by treaty, negotiated by persuasion, of imprisonment on any person who should exercise any urgency, if gentlemen please, with importunity. But the office under the authority of the tribe. compulsion of State legislation, and of the withdrawal of The Indians, as was natural, looked to the Government the protection of the United States, was never before of the United States for protection. It was the quarter heard of. If the President means that the policy of re- whence they had a right to expect it-where, as I think, moval under this compulsion is thirty years old, I do not they ought to have found it. They asked to be protected know a fact on which his proposition can stand for a in the rights and possessions guarantied to them by numoment. However pursued, the policy of removal had merous treaties, and demanded the execution, in their been attended with limited success. Vast tracts of land favor, of the laws of the United States governing the had indeed been acquired of the Southwestern tribes, but intercourse of our citizens with the Indian tribes. They chiefly by bringing their settlements within narrower came first to the President, deeming, and rightly, that it limits. Between the years of 1809 and 1819, about one- was his duty to afford them this protection. They knew third of the Cherokees went over to Arkansas, and the him to be the supreme executive officer of the Governhardships and sufferings encountered by them were a ment; that, as such, he had but one constitutional duty to chief cause why their brethren, the residue of the tribe, perform toward the treaties and laws--the duty of exe.. resisted every inducement held out to persuade them also cuting them. The President refused to afford the proto emigrate. The Choctaws, by the treaty of Doak's tection demanded. He informed them that he had no Stand, acquired a large tract of country between the Red power, in his view of the rights of the States, to prevent river and the Canadian; but would not, in any consider their extending their laws over the Indians; and the Secreable numbers, emigrate to it. In 1826, a part of the tary of War, in one of his communications to them, Creeks were forced, by the convulsions in that tribe, to adds the remark, that the President had as little inclinaemigrate, under the treaty of that year. In 1828, the tion as power to do so. Choctaws and Chickasaws sent a deputation to explore the country west of Arkansas, which returned dissatisfied with its appearance.

When this decision of the President was taken, does not certainly appear. On the 23d day of March, 1829, he informed a delegation of Creek Indians, that, if they While the policy of removal was going on with this remained, they must become subject to the law of Alalimited success, that of civilization, the truly benevolent bama. On the 11th of April, the superintendent of the policy, was much more prosperous. The attempt to Bureau of Indian Affairs, by direction of the Secretary of settle, to civilize, and to christianize some of these tribes War, stated to the Cherokee delegation, "that the Secresucceeded beyond all example. If the accounts of their tary of War is not now prepared to decide the question previous state of barbarism are not exaggerated, the an- involved in the act of the Legislature of Georgia to which nals of the world do not, to my knowledge, present you refer, in which provision is made for extending the another instance of improvement so rapid, within a single laws of Georgia over your people, after the 1st of June, generation; unless it be that which has been effected, by 1830. It is a question which will doubtless be the suba similar agency, in the Sandwich Islands within the last ten years.

ject of congressional inquiry, and what is proper in rcgard to it will no doubt be ordered by that body,

"In regard to the act of Georgia, no remedy exists short of one which Congress alone can apply.'

On the 18th of the same month, a letter of the Secre tary of War, to the same delegation, tells them, in the most positive terms, that the Indians must submit to the State laws.

During all the time that these two processes were going on, that of removal, (declared last year by the President to be inconsistent with civilizing them,) with partial suc cess; and that of settling and improving their condition, on this side of the Mississippi, in which the success had been rapid and signal, no attempt was made to encroach upon their limited independence. The right of the On the 14th of October, the Secretary, writing to GoUnited States to treat with them was not questioned; the vernor Forsyth, uses this language: "At an early period, States never attempted to legislate over them; and the therefore, when this question arose, the Cherokees were possessions and rights guarantied to them by numerous given distinctly to understand that it was not within the treaties, were considered by them and by us as safe competency or power of the Executive to call in quesbeneath the protection of the national faith. But, attion the right of Georgia to assert her own authority withlength, under the late administration of the General Go-in her own limits; and the President has been gratified to vernment, the Southwestern States, taking advantage of witness the extent to which a principle so reasonable in the political weakness of that administration, seemed de- itself, and so vitally important to State sovereignty, has termined to adventure the experiment, how far they could received the approbation of his fellow-citizens. This oft go, to effect, by a new course of State legislation, a re-asserted and denied right being settled, on the side of volution in the Indian policy of the country. 'the State, to the extent that Executive interference could Georgia led the way. In 1828, she passed a summary go, it was expected and hoped that a little longer contilaw, to take effect prospectively, extending her jurisdic-nuance of that forbearance which Georgia has so long tion, civil and criminal, over the Ind.an tribes within her indulged, was all that was wanted to assure to her the purlimuts. In 1829, this law, with more specific provisions,poses and objects she had before her; and after a manner, was re-enacted, to take effect on the 1st day of June, too, to which philanthropy could take no exception.'

VOL. VII.-44

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Indian Affairs.

[FEB. 14, 1831.

Such was the fate of the question which was to be the may annul any law and all the laws in the statute book, subject of congressional inquiry. In what way that popu- on the simple opinion that they are unconstitutional? lar sanction had been given, which the President appears But what, it may be asked, is the President to do? to have taken in lieu of any legislative decision on this How is he to proceed with an unconstitutional law? I question, does not appear. answer this question, by asking another: how is he autho At the ensuing session of Congress, a memorial was rized to arrive at the conclusion that a law is unconstitu presented to this House, signed by three thousand and tional? Is he created by the constitution a functionary to eighty-five individuals of the Cherokee tribe. Another pass on the unconstitutionality of laws? I can find no memorial was laid upon our tables from the Creeks. The such power given him in the constitution. It is one thing subject was also presented to us in the annual message of for a law to be ascertained and declared unconstitutional, the President, disclosing a state of facts which seemed to by the competent tribunal, and another thing for it to be require, as well as to invite, the decisive action of Con- thought unconstitutional, by any citizen or officer called gress. Finally, the public mind was extensively awaken-on to obey or to enforce it. The citizen is not bound to ed. Very numerous memorials, on the subject of the re-obey an unconstitutional law: for it is no law. But, if he volution which was going on in our Indian policy, were undertakes to disobey a law, because, in his private judg sent in to Congress. Some of these (and of this character ment, it is unconstitutional, it is at his risk and peril; and was the first presented) approved the change: by far the it will not probably be long before some process of law greater part condemned it. will teach him that he is not authorized finally to adjudi cate such a question. An executive officer, high or low, is certainly not bound to execute an unconstitutional law; but his simply thinking it to be unconstitutional, is a very

Suppose a collector should think the tariff unconstitu tional, could he forbear to collect the duty? Could the Secretary of the Treasury, holding the same opinion, remit the duty? Could the President direct his Secretary to remit it?

In this way, the question of the right of the State to extend her laws over Indian tribes, in contravention of treaties and the laws of the United States, was brought before Congress in the fullest and amplest manner. It different affair. was not, however, directly met. The President had, in the recess of Congress, declared that he could not, and would not, enforce the treaties and laws. The Secretary of War had almost sneered at the idea that the Indians could possess rights under a treaty forty years old; as if the validity of a treaty were impaired by the length of time its provisions had been in force. But the treaties were still preserved in our archives. The intercourse law founded upon them still stood unrepealed on the statute book; and it appears to me that the proper way in which this question was to be met, would have been a proposition to repeal the laws and abrogate the treaties.

In the Government under which we live, a power is provided to pass on the constitutionality of laws. The President is not that tribunal. His office is executive. The opinion he holds of the constitutionality of a law, (except when called to sign it on its passage,) he holds not officially, but as any other citizen, at his peril; and, as it is his sworn duty to execute the laws, if he refuses In my judgment, there was an error in the first step to execute a law, for whatever cause, he is guilty of a taken by the President. He decided a question which high breach of official duty, and commits an impeachable he had no constitutional competency to decide. When offence. It is the province of this House to hold him to the first movement was made by the States, he should his duty.

have interposed to maintain the treaties and enforce the

There is no end to the absurd consequences which laws, and have referred the subject to Congress. What would flow from an opposite principle. To what would other power has the Executive over a treaty or a law, but it not lead? If the President may annul a law which he to enforce it? The principle assumed by the President thinks unconstitutional, the Secretary may annul another and by the Secretary is, that, whenever the Executive which he thinks unconstitutional; and so may any of his thinks a law unconstitutional, he may forbear to execute clerks. The Clerk of your House may refuse to carry a it. Now, how will this operate on other questions? Sup- bill which you pass to the Senate, if he thinks it unconpose Mr. Adams had thought the compact of 1802 unconstitutional: for, in that case, it is no more a law, on this stitutional, (as it was held to be in this debate last winter principle, than an old newspaper. And, if gentlemen by a Senator from Alabama,) could he have refused to contend that they reserve to the President alone this disenforce it--could he have forborne to expend an appro- pensing power of refusing to execute laws which, in his priation granted to carry it into effect? The President private judgment, are unconstitutional, they merely give has plainly intimated that the Bank of the United States us, instead of the anarchy which would arise from its beis unconstitutional. Is he thereby authorized to put it ing possessed by all the executive officers, a perfect out of the pale of the law? A very respectable portion Oriental despotism, produced by imparting it to one. of the community regards the tariff as unconstitutional, We have heard a good deal said about nullification, and

and propositions have been made to annul it by the au- no small opprobrium attached to the word. Has it never thority of a State, and within its limits. But who ever occurred to some gentlemen, willing enough to stigmatize heard that the President and the Secretary of the Trea- that doctrine, that they themselves have lent their counsury might between them declare it unconstitutional, and, tenance to the same doctrine, not in theory alone, but in as such, null and void? The intercourse law was passed, practice? Georgia orders a survey of the Cherokee as it stands, in 1802; the substance of it was enacted in lands. The law of 1802 makes it highly penal to survey 1791; and the Secretary of War, with the full concurrence of the President, lays his hand on this law, which is forty years old, tells us it is unconstitutional, and, as such, not obligatory.

lands belonging or secured to Indian tribes by treaty. It subjects those who trangress the law to a thousand dollars fine and twelve months' imprisonment, and authorizes the President to call out a military force to execute the law. Let us but consider the extravagance of this doctrine. The President tells all concerned that he will not enforce The constitution gives to the President a veto on an act the law, because he thinks it unconstitutional. Is not of Congress in its passage; and, if he withholds his sig- that nullification? The convention of the judges of nature, it fails to become a law. But, even without the Georgia decide all Indian treaties to be unconstitutional. sanction of his name, without the Executive concurrence, Is not that nullification? And yet, if I mistake not, prowhich may be withholden on the very ground of uncon-positions have been made in the quarter where this nullistitutionality, the act becomes a law if two-thirds of Con-fication is practised by wholesale, to censure the doctrine gress adhere to it. But of what use is this or any other as theoretically advanced in a neighboring State. limitation on the exercise of the President's veto, if he I have remarked that the direct way to meet this ques

66

[H. of R.

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 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 ques- My children, deputies of the Cherokee Upper Towns: tion entirely aside. Although the bill was an integral part "I have maturely considered the speeches you have of the policy of the States, designed to co-operate with delivered me, and will now give you answers to the seveit, and in fact built upon it as upon a foundation, it was ral matters they contain. so worded as not, in terms, to afford it sanction. any 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 "In proceeding to the establishment of laws, you wish letter. 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 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 the 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

no right to sell from under his feet. They will determine, too, what punishment shall be inflicted for every crime. In our States generally, we punish murder only by death, and all other crimes by solitary confinement in a prison.

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 who have extended their jurisdiction over the Indians, because the legislation of Georgia is better known. I do not single out her laws invidiously. Neither do I pretend an acquaintance with her whole code. I have not seen it. A few laws only, that form a part of it, have come to my knowledge; but these are sufficient to establish my proposition, that these Indians have great and just cause to look to us for protection.

"But when you shall have adopted laws, who are to execute them? Perhaps it may be best to permit every town, and the settlers in its neighborhood attached to it, to select some of their best men, by a majority of its voters, 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. or 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 acquirmously 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 was passed for the benefit of the Indians, to prevent their went among them to negotiate a treaty in 1823. I read an being imposed on. That it did not release white men extract from a letter addressed by them to the council from their engagements to Indians, but Indians from their of the Cherokee nation, dated Newtown, 16th October, engagements to white men.] 1823: 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. For the whole body we entertain a high respect, and we trust that with some of you we have contracted indivi'dual friendships. In saying this, we do no violence to our feelings, neither do we lower the elevated character of the United States. People who have never seen you, 'know but little of your progress in the arts of civilized life, and of the regular and becoming manner in which 'your affairs are conducted.

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

of children, that they are unable to contract; but still they are children, and the law holds them to their infancy. And what sort of a boon is it to men of large property and active dealings, to pass a law releasing them from their contracts? Does it not directly follow, that, if they cannot be held to their contracts, no one will contract with them; and that the apparent limitation of the law, which exempts the Indian, while it binds the white man, is illusory; 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?

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 "It is also due to our Indian people, that that provision is withdrawn, because Georgia has extended her laws in the law of 1829 should be repealed, which prevents over the Indians; and Georgia herself, although asserting, Indians, and the descendants of Indians, from being comand in many respects exercising, her jurisdiction, has not petent witnesses in the courts of the State, in cases yet organized it in such a manner as to keep the peace where a white man is a party. The present law exposes among this afflicted race. Their system of Government, them to great oppression, while its repeal would probainstead 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

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"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 I name that State not invidiously) may Such is the character which Governor Gilmer gives of be thought by some persons not to have gone beyond this law, and of its operation. I have heard some details some abstract right of civil jurisdiction, capable of being of the oppressions to which he alludes. I have no reason reconciled with a "possessory right," in which the Indito doubt their truth; but I will not repeat them to the ans were promised by the Executive to be protected. House, without vouchers to support them. I will only But Georgia has not stopped here. In the course of the add, that this law rejecting the testimony of Indians, re- year 1829, it was found that this region possessed, and mains unrepealed; and that their rights and property are probably in abundance, veins of gold. As soon as this still dependent on "the moral feeling of the frontier com- discovery was made, intruders from every quarter, and munity" of Georgia. That frontier community must have from all the States in the neighborhood, flocked into the better feelings and principles than usually actuate a part gold region, and overran the land. The Indians demand-. of every community, if, in the continued operation of ed their removal by the agent. The agent referred the this law, the Indians are not subjected to the most grievous case to the Secretary of War, and the Secretary of War oppressions. gave the requisite orders for their removal. This took I will mention another law of the new code. Its design place before the 1st day of June, 1830. That day the may be imperfectly apprehended by me: and if I err in laws of Georgia took effect. And very shortly afterwards 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 gentleman whom I most highly respect, the present Gopicking up here and there-one law in this newspaper, vernor of Georgia, and which appeared to be of a character and another in that-the information which, as it seems so strange and unexpected, that I could scarcely credit to me, ought to have been spread before us, in an ample my senses as I read it. Let me read a portion of this prodetail, to enlighten and guide our legislation. The law clamation to the House, which bears date 3d June, 1830. 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 terriall 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.* 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!

I am

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 serted,' 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, political 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

⚫hese are the terms of the onth: "I, A. B., do solemnly swear, or affiem, as the case may be, that I will support and defend the constitution of Georgia, and uprightly demean myself as a citizen thereof."

• Much information relative to the character and operations of the missionaries among the Indian tribes, may be found in the memorial to Congress of the Prudentral Committee of the Board of Commissioners of Foreign Missions, presented to the House of Representatives by Mr. E, on the 14th of February.