« AnteriorContinuar »
In May 19, 1830.)
Duty on Salt.-Removal of the Indians.
(H. or R
Sir, the question before us, in all its aspects, is one of to my children, more valuable than uncounted gold-more great and momentous magnitude. 'It becomes us to pause, honorable than imperial power. n and consider well the step we are about to take. If it be Sir, the crisis in the fate of these people bas arrived.
at all doubtful, let us so decide as shall preserve, and not the responsibility is upon us—upon us as a House, and bu impair our nationul character. If we err, let it be ou the upon each of us as individuals. The Indian here makes w side of humanity. In the inaugural address of the present his last appeal. All other sources of protection bave
Chief Magistrate, be assures the country-—" It will be my failed. It remains with us whether he shall return in joy
biocere and constant desire to observe towards the Indian and bope, or in sorrow and despair. Will we listen to his di tribes within our limits a just anul liberal policy; and to appeali If we do not, then is their sun about to set it lo give that humane and considerate attention to their rights may be in blood and in tears. Then, indeed, will all hu
and their wants which are consistent with the habits of our man means have failed, and they must be abandoned Gorernment, and the feelings of our people.” Sir, are abandoned, O God I to thy sovereign mercy,
we about to observe towards them “á just and liberal Mr. HUNTINGTON, of Connecticut, followed in a al policy p" . Are we giving " a humane and cousiderate speech of pearly the same length, on the same side. els attention to their rights and their wants ?” This pledge Mr. JOHNS, of Delaware, succeeded, and addressed the All remains to be redeemed. If we now turn a deaf ear to committee at great length, also against the bill.
the Cherokees who have appealed to our justice, and The committee then rose, and reported the bill to the el claimed our protection; if this bill shall pass iu its present House. in shape, providing no security for their rights, their destiny
will be irrevocably fixed. And bow will our conduct toward them bear the scrutiny of an enlightened world,
WEDNESDAY, MAY 19, 1830. and the just judgment of impartial history! Sir, if we
DUTY ON SALT. permit these feeble rempants of ouce powerful nations to Mr. McDUFFIE, from the Committee of Ways and be driven from their homes, though it may not reach the Means, reported the following bill : same height of infamy which history has assigned to that Be it enacted, dc. That the duty on salt be fifteen cents transaction, in the close of the last century, which blotted per busbel of fifty-six pounds, from the 31st of December, Poland from the map of nations, yet will it stand upon the 1830, until the 31st of December, 1831 ; and, after that same page of injustice and oppression, and receive the time, ten cents a bushel and no more." same sentence from posterity. It will stand, too, in the The bill was read the first time ; when annals of the world by the side of those enormities which Mr. EARL, of New York, objected to the second read: our mother country bas practised iu another hemisphere; ing, wbich motion, by the rules of the House, was tanta: and though the poor Cherokee may find no Burke or mount to a motion to reject the bill. Sheridan to tell the story of his griefs, and to hold up the After a few remarks by Mr. MILLER, picture of his wrongs to ibe execration of mankind, it Mr. DAVIS, of Massachusetts, expressed briefly his obwill go up to a bigher tribunal, where sophistry cannot de-jections to the bill, and concluded by moving to postpone lude, and where the humblest lodian will be equal to bis the bill to the next session of Congress, with the view, if proudest oppressor. Sir, it was said by one often quoted his motion prevailed, of moving a call on the Secretary of upou this floor, (Mr. Jefferson,) and in reference to u sub- the Treasury, to collect certain information, which Mr. D. ject not dissimilar to the preseut, “I tremble for my couu- deemed necessary to enable Congress to act discreetly on try when I remember that God is just, and that his jus- so importaat a subject. tice will not sleep forever.” And although the particular Mr. CHILTON called for the
pays. mode of retribution which was in his mind on that occusion Mr, P. P. BARBOUR moved the previous question. may not now be anticipated, yet let us recollect “ that the Mr. HOFFMAN rose to a point of order, which the Almighty has no attribute which can take side with us " Chair overruled. in a conflict between power and right-betweeu oppression The call for the previous question being seconded, and justice.
Mr. POWERS, of New York, moved to lay the bill on The honorable gentleman from Georgia [Mr. LUMPKIN) the table; and the yeas and nays being demanded by Mr. has anticipated a period when it will be as odious to be CONNER, they were taken, and the motion to lay on the known as an advocate of the Indian rights, as to have sup- table lost : yeas, 83-pays, 102. ported the passage of the alien and sedition laws. I know The previous question being then carried by 110 to 72, not what pretensions the gentleman possesses to the power The main question was put,“ Sball the bill be rejected of augury, but, in my estimation, he bas consulted the and was negatived : yeas, 85,—nays, 103. Of course, stars to very little purpose, if such be the lessous they The bill, was ordered to a second reading. read him. Before that period shall arrive, you must burn all the records of the Government-destroy the history
REMOVAL OF THE INDIANS. of the country-pervert the moral sense of the commu The bill for removing the Indians having been taken up nity-make injustice and oppressiou virtues--and breach in the House, certain amendments were offered by Mr. of national faith honorable; and then, but not till then, STORRS, of New York, and Mr. TEST, when the debate will the visions of the gentleman assume the form of was resumed, and continued to a late hour at night. realities. Sir, if I could hope, as I surely cannot, that Mr. BATES said he should take it for granted that the any feeble efforts of mine would outlive the brief hour States wbich had passed laws subjecting the Indian tribes which gave them existence--if I could give perpetuity to to their jurisdiction, meant wbat, by their legislative acts, any thing I can say or do, there is no occasion I should they said, and that the laws which they had passed were covet more than that which I now possess. If I could look to be enforced. I reject [said Mr. B.] even the supposition forward, as I certainly do not, to a long life of public ser- that these laws are made not to be executed, but in mockvice-to honors and distinctions I would forego all for ery-to be used as an expedient, a contrivance the means the power to roll back the tide of desolation which is about of driving a bargain and accomplishing an object. Upon to overwhelm these hapless song of the forest. If I could such an attempt, come from what quarter it may-States stand up between the weak, the friendless, the deserted, or individuals--the House would frowo indignantly. This and the strong arm of oppression, and successfully vindi- granted, I affirm that the bill before us does not meet the cate their rights, and shield them in their hour of adver- exigency, of the case, por present fairly and fully the quessity, I should have achieved bouor enough to satisfy even tion upon which we are to decide. And why does it not? an exorbitant ambition; and I should leave it as a legacy | There are at the South several tribes of Indians--the Che.
H. OF R.]
Removal of the Indians.
[May 19, 1830.
rokees, Creeks, Chickasaws, and Choctaws, with whom have seen them from the mountain or passed them in the the Uuited States stand in this relation : They are under chase.” And thus the subject is presented to Congress, the protection of the United States. The boundary is de- both by the President and (be Indians, for consideration
. fined between them and the people of the United States, The sympathies of the public having become interestedwhicb no white man is at liberty to pass without a license for, sir, nature is the ally of the weak against the strong, uoder the authority of the United States. In short, they through the range of being, civilized or savage, ratiopal or hold the guaranty of the United States in all the forms of brute, not mercenary but volunteer-oumerous memosolemnity of a treaty stipulation by which the faith of a rials came in from every part of the United States, and the nation can be pledged, to protect and defend them. The whole subject is referred to your committee upon Indian States of Georgia, Mississippi, and Alabama have passed Affairs. That committee reported a bill making an approlawa, as these tribes say, directly violating their territorial priation of five bundred thousand dollars to begin with, for and national rights. Take the law of Georgia as an ex- the removal of the Indians to the west of the Mississippi. | emplification of the laws of the three States. Those of The chiefs say to us that that is no answer to their inquiry. Mississippi and Alabama are , in some respecte, less severe They desire
to know whether they must subunit to the laws ! than that of Georgia, but in principle they are equally of Georgia
, and to such laws whether she has a right to inadmissible. The eighth section makes it penal for a abrogate their Government and diesolve their nation. The Cherokee to " endeavor" to prevent one of his tribe from President has told them they must, but bas referred the emigrating. A father, therefore, may not influence his subject to us. We answer only by this bill. Tbey tell us child, nor a guardian bis ward. No, sir, he thereby makes they cannot decide the question of removal until they himself liable to four years' confinement to hard labor. know their rights where they are. And pot oply the Indian What will men who are fathers, or pot fathers; what will chiefs, but the American people, expect us to answer. men wbo are free, say to this !
Here is money for your reinoval, we say. This is the only The fifteenth section enacts" that no Indian, or de- answer we design to give them. Well, say they, if you scendant of an Indian, within the Cherokee nation of lo- will not tell us directly what our rights are, will you alios dians, shall be a competent witness in any court of Georgia, us to remind you of your duties ! Will you defend our in a suit in which a wbite man is a party, unless such wbite boundary, and protect us wbere we are, as you agreed to man resides withio said nation." 'While Georgia makes do? The President has said he will not. They urge upad the lodians citizens, or subjects, she does not leave them to the consideration of Congress the impossibility of deciding the commou law to exclude for infamy, interest, or incom- fairly and understandingly what they will do, until they petency of any kind, but sbe proscribes the nation--an know what their condition is to be where they are
. entire district of meu——the population of a whole city, whether they must submit to such a law or not-whether county, or parish—and that without referenc to their they will be protected or not-wbether they are to retain character, talent, or capacity, whether christian or heathen, their lands, or wbetler Georgia, wbo bas not even seen civilized or savage. They are all turned off the stand by them from the mountain, vor passed them in the chase," ove general, sweeping interdict of law. Now, sir, what is to have them. . Sir, they produce to you your treaty ever may be the form of the constitution of Georgia, if it with them. Is this your signature and seal i Is this your sanctions this act, it is a despotism. Tiberius never dic. promise ? Will you keep it? If you will not, will you give tated an act in its essence more tyrannical, or in its charac us back the lands we let you have for it! The President ter more unjust. And to take away the only apology that answers, vo; and the Congress of the United States answers any man could offer the incapacity of the people to testify bere is money for your removal. We dare not in the face -this very law admits their capacity, by admitting them of the Anerican people, directly affirm the answer of the to be witnesses if the party to the suit be resident within President; and, therefore, we evade the question, and the Cherokee nation. But this is not the worst feature of bope to bide ourselves in the folds of this bill when a seru. the law, if worse can be.
tiny shall be made for us. Sir, who so blind as not to see By the seventh section "all laws, ordinances, orders, and that by implication, direct and inevitable, you affirm the regulations, of any kind whatever, made by the Cherokee decision of the President, hy giving him the means to carry Indians, in any way whatever, are declared to be null and that decision into effect 1 You decide that the Indians are void as if the same had never existed ; nor shall they be the citizens of Georgia--subject to her jurisdiction, and given in evidence on the trial of any suit wbatever;" thus that you will not defend their boundary, por protect them. dissolving and resolving the nation into its origival, indivi- This you decide obliquely, at a time when the crisis in the dual elements; making, as if it had never been, all that com- affairs of the Indian nations, and in the affairs of your own bines and forms men into States, nations, or tribes ; dissolv. bonor, too, require that you should speak out. You o ing all ties but those of nature. I beg the House to real. operate with Georgia--you give effect to her laws-you put ize the measure, the extent and scope of this uprivalled, the Indians aside and trample your treaties with them in ibe outrageous act of usurped dominion. Bring it home. Let dust. And it will be in vain you tell the world you did not set it be said to you-to the United States of America, that fire to the city, when you saw it burning, and would not put "all your laws, ordinances, orders, and regulations shall be it out; and when you were its hired patrol and watch null as if they had never existed !” Let it be said by à na In passing this bill, therefore, the House decide that the tion that was weak when you were strong; that had grown Indians are the citizens of Georgia, subject to the jurisdio up by your side; that bad increased while you had decreas- tion of Georgia; and that we ought pot and cannot inter ed! Let a nation say it that had lived by your permission : fere to protect them. Now, sir, I deny it all. I affirm that had pledged itself for your protection and defence ! | the contrary. I maintain that the Ipdians are not the citi Does it change the case to change the name! Has the zens of Georgia, nor subject to the jurisdiction of Georgia; Cherokee no attachment to the simple forms of govern. but that they are sovereigo, and that we are pledged to ment he has matured and improved ?" To the customs and protect them in the enjoyment of their rights of sove regulations of his fathers! Does he pot feel l Is be not a man reignty; and that Georgia bas no rigbt that stands in the
In this condition of things the Indians applied to the Pre-way of it, coostitutional or other. Sir, the great men sident. He told them, as he tells us in his message, " that if who have gone before us in this business were not so un they remain within the limits of the United States, they wise, por uninstructed in their duties. nor can they thus be must be subject to the laws ; that they will be protected in put in the wrong by those who now bave the administra their possessions which they have improved; but that it tion of affairs. seemed to him absurd and visionary to suppose their claims I shall not go with the gentleman from Tennessee (Mr. can be allowed to tracts of country merely because they Bell] to the other side of the Mississippi, either for the
May 19, 1830.)
Removal of the Indians.
(H. or R.
purpose of ascertaiving whether the trees can be made to In 1732, Georgia was a part of South Carolina. And grow for the use of the emigrant Iudians where none ever in order to erect a barrier against the Indians and Spagrew before, or whether the emigrants themselves will niards in Florida, upon the frontier of South Carolina, form a convenient barrier between our own settlements | George II. by patent, created a corporation, styled the and the tribes of Indians west of them; or, if convenient, “. Trustees for establishing the colony of Georgia in Amewhether they may not have an objection to becoming a rica” to hold for his use all the land between the Atlanbreast work to be shot al, or shot through, for our accom- lic and the South Sea as it was then termed, within the modation; or, in a region where they are now frequent vic degrees of latitude and the boundaries therein given. No tims to famine, whether an addition of such a promiscuous individual was to hold more than fifty acres, and that in tait and wild population will not be likely to augment the evil male. The command of the militia was given to the GoNo, sir, for if this bill pass, your faith is gone, your honor vernor of South Carolina. In this patent nothing is said violated, and there is nothing left worth a wise man's of the Indians. In 1752 it was surrendered. Oglethorp, thought. But I will take the liberty to remark, that it who was the active agent of the corporation, in 1788 arseems to me to be strangely precipitate and heedless to rived in Georgia with a hundred and fourteen emigrants, send these people into a region about which we know so men, women, and children, and selected the site of Salittle; that it ought not to be done without a minute ex vannah as the most eligible place for a lodgment, where
ploration of the country by impartial, intelligent men, he erected a fort. The Upper and lower Creeks were 11 commissioned and sent there for the purpose.
then twenty-five thousand strong. In order to get a title I take the liberty further to enter my protest against to some land, he employed a female of the half-blood, the the appeal that has been made to party feeling in this dis- wife of a trader, to whom he made liberal presents, and cussion. If that is to be invoked and enlisted, the destiny of gave a salary of a hundred pounds a year. She assemthese nations is fixed. It is a spirit that has no beart, no bled fifty Indian chiefs, and prepared them to accede to sympathy, no relenting. Truth may pour ber radiance upon Oglethorp's propositions of a treaty. They ceded, with
its vision, and it sees not. Distress may utter her cry, and some reservations, all the land to the head of tide water, * it hears pot. Often bas it stained the scaffold with the within the limits of the patent. That treaty admits that
blood of the ivdocent. Nor is the sectarian influence the Indians owned the land, and were sovereign. They that has been called in aid of this measure by the honor were treated with as “the head men of the Creek pation;" able gentleman from Georgia, (Mr. LUMPKIN) less to be and the land, in express terms, is said to be theirs. deprecated; for although, at this age of the world, it is Although this land belongs to us,” the Creeks say, yet,
not seen actually planting the stake and lighting the fires, io cousideration that the Georgians have come for the ** yet it is akin to the other. And it would be as much in good of our wives and children, and " to teach us what
place, in the high court of law at the other eud of the is straight," we make the cession. At Coweta, in 1739, capitol
, to appeal to the sectarian and party feelings of the another treaty, preceded by large presents, was made, in judges as a correct rule of decision, as to make the ap- which the boundaries of the first cession were more par.
peal to bouorable gentlemen here. Sir, it is not a ques. ticularly defined; and the trustees declare "that the ition upon the life or liberty of an individual, but upon the English shall not enlarge or take any other lands except
fate of nations. How then can any man in such a case, and in those granted by the Creek pation; and covenant that such a place, dare to make the appeal, and hope to be for- they will punish any person that sball intrude upon the giveo l What a reflection upon the integrity and the lands reserved by them.” In 1762, at Mobile, at a conhonor of this House! Sir, it is not a party question. No vention of Indian nations, Captain Smith the lodian agent, man can make it such, until he can quench the last spark told them “ that the boundaries of their hunting grouuds
of bonor in the breast, and stop the current of feeling in should be accurately fixed, and no settlement permitted in the heart, and put out the light of truth in the miod, and upon them,” absuring them “ that all treaties would be
stifle the voice of conscience in the soul. Sir, it is our faithfully kept." At a meeting at Augusta, in 1763, to right to decide this question; it is our duty to decide it which Captain Smith's “talk” waa preliminary, a further upon principle-4 right in trust for our coustituents and cession of land was made by the Creeks and Cherokees, in country, and a duty imposed upon us by relations which payment of the debts they had contracted. The Governwe cannot change, and from which we caupot escape, ors of the four southern States were present. As showing coming down upon us from above, and springing up upon clearly how this subject was viewed by them in 1767, we us from beneath, and flowing in from all around us. Let find the Indians complaining to the Governor of Georgia, this question, therefore, when it comes to be decided, be of encroachments upon their lands; and they ask him decided upon a full and broad survey of its merits, and its “ how it could be expected of them to govern their young merits only:
warriors, if he could not restrain the white people.” In My positions are, that the Cherokees are not the tenants 1773, they cede another tract of land, and it was then of Georgia, por subject to her jurisdiction; but that they agreed that the bounds fixed by that treaty should be are the sole proprietors of the territory they occupy, the mark of division between bis Majesty's subjects and the whether as hunting grounds or otherwise, and are sove- said Indian vations." reigo; and that the United States are pledged to defend This line, or Indian boundary, limited the territory of their boundary, lo protect them in the enjoyment of all the colonists on the west, and limited, as I contend, their their rights and privileges as a nation.
jurisdiction. Within this they had a right to dictate law; I suppose it will be admitted that the Cherokees are a beyond this they had no right to do it. If they had such distinct class of men from the Georgians; that they were right, or the King, their master, had such right, then the once sovereiga; and that the presumption is, they are Jodians were bound to submit A right implies a duty; Sovereign still. The onus probandi, as the profession say, In relation to this subject, incompatible rights cannot is therefore upon Georgia. she claims the right of dic- exist. Now, who will pretend that if the King had passed tating law to this nation, once sovereign, it is for her to a law abrogating their customs, and making them amenashow whence she derived it.
ble to the courts of Georgia, the Indians would not bave With this view of the subject, I propose to go back to bad a right to resist the execution of it! If the Cherothe origio of the State of Georgia, and briefly to trace kees were subject to the jurisdiction of Georgia, then, her histury to the revolution, to see what ber rights tben prior to the treaty of 1763, the Indians beyond the Rocky were in relation to the Indians, as admitted and established Mountains were, (for the charter extended to the Pacific by compact. This will proolude the necessity of inquiring Ocean,) some of whom probably bad never heard of the as to natural rights.
English nation or King.' Wbo will protond that he had a
H. OF R.]
Removal of the Indians.
[MAY 19, 1830.
right to subject them to his laws, and, if need be, by the delegates from the different States met at Philadelphia, military arm, as his liege subjects He might have bad Congress immediately assumed the direction of the lodian the power to conquer them, but he had no right to do it, relations, as of nations distinct from the States, and indewhich, unless in self defence, is nothing more than a right pendent of them. After a short session for other purto rob and murder.
poses, in the autumn of 1774, Congress met in May, 1776, The Indian boundary is sometimes called the " line of and in June a committee was appointed to make an appeal ordinary jurisdiction," implying an extraordinary jurisdic. to the Indian nations. They were addressed thus, by or tion beyond it. What was that? By the right of disco- der of Congress : very, settled by compact among the discovering nations, “ Brothers and friends : This is a family quarrel between and since confirmed by treaties with most of the Indians us and Old England. Indians are not concerned in it." themselves, the King of Great Britain had the sole and Io the same month the Indian tribes were arranged into exclusive right of purchasing of the Indian nations their three departments—the Northern, Southern, and Middle; title to the land laying in that part of America which had and commissioners were appointed to treat with them been assigned to bim. We call it the right of pre-emption." in behalf of the United States, to preserve peace with The whole of his extraordinary jurisdiction consisted of them, and prevent their taking part in the commotions of the right to defend and protect that right of pre-emption; the times." consequently of repelling invasion, and generally of pre In January, 1776, rules for Indian intercourse were esserving it unimpaired. The King never attempted or tablished, interdicting all “ trade with them without a liclaimed apy thing more. I affirm, therefore, that, with cense.” this exception, the Indian boundary was the boundary of In 1777, another "talk” was addressed to them, re-afthe jurisdiction of both King and colony. I affirm, fur. firming that they ought to take no part in the war between ther, that the Indian nations were the sole and absolute the United States and Great Britain, and stating, also, that, owners of the land which they had not ceded, and which although the “ Cherokees had been prevailed open to lay west of the Indian boundary, subject only to this re-strike us, they had seen their error, had repented, and we striction upon their right of alienation. Accordingly, the bad forgiven them, and renewed our ancient coreDADI King, in bio proclamation of 1763, disclaims any other chain with them." right to it. He says "it is but just and reasonable, and In 1778, a treaty with the Deleware nation was con essential to our interest, &c., that the tribes of Indians who cluded at Fort Pitt. The parties to it were " the United live under our protection," (as they now live under the States of North America and the Delaware pation;" and protection of the United States) ** should not be dis- it stipulates : turbed in their possessions, which, not baving been pur. That there shall be peace; and that the troops of the chased by us or ceded to us, are reserved to them; we do, United States may pass “ through the country of the Detherefore, declare that no Governor, or commander, shall laware pation," upon paying the full value of the supplies survey or grant them, and that they are reserved to the they may have. "It further provides that “ Whereas the Indians." This is the substance of this article. The King enemies of the United States have endeavored, by every does not rest the right of the Indian nations to these lande artifice, to possess the Indians with an opinion that it is upon concessions, gift
, grant, indulgence, or expediency, our design to extirpate them, and take possession of their but upon the broad and solid basis of the "justice and country-to obviate such false suggestions, the United reasonableness" of their unalienated title; a due regard States guaranty to said nation of Delawares, and their for which principles will be found always to comport with heirs, all their territorial rights, in the fullest and most a wise policy.
ample manner, as bounded by former treaties ;" and they Before I pass from this period, as we commonly speak further provide for a confederacy of tribes, of which the for the Indians, it is but right, when we can, to let them Delaware nation was to be the bead, and to have a repre speak for themselves. I refer to the negotiation at Lan sentative in Congress. caster, in 1744. The Governor of Maryland claimed Here is recognition enough of the rights of Indians bome of their land by possession. Canasateego replied: And, to put an end to the false suggestion, which done but " When you mentioned the affair of the land yesterday, an enemy could make, assurance is given, by treaty, bird you went back to old times, and told us you had had the ing upon the whole country, that their territorial rights province of Maryland above one hundred years. But sball be defended in the fullest and most ample madder, what is a hundred years in comparison of the length of as antecedently defined. time since our claim began-since we came out of the Now, sir, let it be recollected that, during this period, ground! For we must tell you, that long before ove huu. all the States, by their agents acting under their authority dred years, our ancestors came out of this ground, and and with their sanction and approbation, adopted these their children have remained here ever since. You came measures. They may, therefore, be considered a fair and out of the ground beyond the seas; but here you must decisive indication of what was then thought to be our Inallow us to be your elder brothers, and the lands to belong dian relations. lo no respect were the Indians treated s to us long before you knew any thing of them."
citizens or subjects, but as sovereign tribes or nations, with To Virginia, who claimed some of their lands by con. the power of making peace or war at pleasure; much less quest, another chief answered: “Though great things as tenants at the will of the States-one, any, or all of them are well remembered by us, we do not remember that we When the articles of confederation were adopted, is were ever conquered by the great King, or that we have 1778, or, finally, by all the States, in 1781, "the sole are been employed by him to conquer others. If it was so, exclusive right and power of regulating the trade sa it is beyond our memory. We do remember we were em- managing all the affairs of the Indians pot members of ployed by Maryland to conquer the Conestogas; and the any of the States," was giveu to the United States. La second time that we were at war with them, we carried connexion with this clause is a proviso " that the legis! them all off.”
tive right of any State within its own limits be not infrare The House will perceive what the views of these people ed or violated." The argument is, that the Cherokes were of their right to their land, and what their potions were the citizens of Georgia, and subject to her juristi were of possession and conquest. I think it clear, there- tion. From this article it is clear there were Indians vill fore, that before the revolution they were not the citizens whom the United States had trade to regulate, and affan of Georgia, nor subject to the jurisdiction of Georgia, por to manage, who were not members of any State.
If not tevants at the will of Georgia,
the Cherokees, who were they! The land from the a: When the troubles with Great Britain came on, and the lantic to the Mississippi, within the limits of the United
W May 19, 1830.]
Removal of the Indians.
(H. OF R.
1. States, was within the geographical boundary of some one In this condition of things the constitution was adopted; cant of the States. According to the position of Georgia. there- and, instead of the clause in the articles of confederation, cu fore, there were no such tribes. Reliance is placed upon with the limitation and the proviso, a general, unlimited, a in the proviso as controlling the express grant; and, if no unqualified power is given to Congress, to regulate an effect could be given to the proviso, consistent with the commerce with the Indian tribes," and as fully and unE grant, there might be something in the suggestion. But conditionally as with “foreign nations," or among the
while the "power of entering into treaties and alliances” several States." is given in the same section, there is a proviso, " that the This article in the constitutiou establishes my position, legislative power of the States shall not be restrained from that the Indians were not members of the States, nor subimposiug duties and prohibiting the exportation and im- ject to their jurisdiction; but were sovereign Dations with portation of goods." These articles were permanent; whom the United States had a commerce to regulate. If, and it was not to be foreseen what these tribes might be as affirmed, they were members of the State of Georgia come. With the same view, the proviso in relation to citizens or subjects—then the grant of power was to reguthem might have been adopted. Or, it might have been, late commerce among the several States and the members the term Indians being used, and not Indian nations, in thereof; which is a power pever claimed nor admitted. order to restrain Congress from interfering with such of Congress deals only with States; the States with their citithem as were dispersed among the inhabitants of the zeus or subjects. Congress, therefore, in express terms, States. Or, again, it might have been to restrain Congress has the power to prescribe all the forms of intercourse befrom controlling the laws of the States in relation to the tween the United States and the Indian tribes, or to interpeople of these Indian nations, when within the acknow- dict it altogether as the exigency may require, in the same ledged limits and jurisdiction of the States. Or, finally, senge and to the same extent as it has with foreign nations. it might bave been out of abundant caution, without any In 1790, the first Indian intercourse law under the condistinctly contemplated object. Effect enough can be stitution was passed, forbidding all trade between the citigiven to sustain the proviso, without appulling the power zens of the United States and the Indians, except by pergranted. And this grant plainly proves that there were sons duly licensed. The fifth section provides, that, if any Indian nations or tribes who were pot members of any citizen of the United States go into any town belonging of the States ;" and, if so, the Cherokees do not belong to Lo a nation of Indians, and there commit a crime, he shall Georgia. What Congress understood by this article, is be punished as if said crime had been committed within clear; for, immediately after the confederation, in 1781; it the jurisdiction of a State. Is not this decisive that the passed a resolve approving of the appointment of commis- Cherokees are not citizens of Georgia, nor within the Biopers by General Green to negotiate a treaty with the jurisdiction of Georgia ? Cherokee Indians; and the whole course of its legislation, The act of 1796 defines the boundary of the Indian tribes, to the adoption of the constitution in 1788, shows the same and makes it penal for any citizen of the United States to thing.
pass it without a license, In 1783, the Secretary of War was directed to notify Another act was passed in 1799, substantially of the the Indian Dations that the United States were disposed same import. to enter into friendly treaties with the different tribes." These acts were temporary, and the provisions of them This was in May, after the peace. In September, Con- were embodied in the act of 1802, which was made pergress issued a proclamation, prohibiting settlements " on mapent. It is now in full force, and has been ever since lands inhabited and claimed by Indians without the limits its enactment. The only provisions in either this or the and jurisdiction of any particular State;" and probibitiog antecedent acts, objected to, were a part of the fifth sec
the purchase of such lands, without an express“ authority tion of the act of 1796, relating to the forfeiture of lands, min from the United States in Congress assembled.” What and the sixth section, punishing with death the murder of mi' lands were these, without the limits, and without the ju- an Indian. These provisions were, among other things, risdiction, too, of any State! In October, Congress re- the foundation of a remonstrance to Congress by Geor
solved that a convention should be holden of the different gia. The objectionable feature of the fifth section was se o tribes, for the purpose of receiving them into the favor omitted, and the sixth section was retained, in the act of ses and protection of the United States." and of establishing 1802. This act has been in force, and has been enforced
* boundary lines of property to divide the settlements of the by all the States, as a wise and constitutional law. Well, pff citizens from the Indian villages and hunting grounds. lo sir, this re-affirms the Indian boundary as then established
1784, another resolve was passed, to expedite the bolding and defined by the Indian treaties. It provides that do
of treaties; and, in 1785 particularly, with the Cherokees person shall pass it, not even the Governor of Georgia, put and the Indians to the southward of them. This is the much less bis builiffs, without authority from the United resolve under wbich the treaties of Hopewell were beld. States. It forbids all settlements by the whites on the
The commissioners were appointed for the purpose of Indian lands, and invests the army with power to arrest * making peace; they went under the protection of an armed and bring offenders to punishment. It makes yoid all force; they went with presents. It was a peace we sought, grants by Indian nations, or individuals, unless sanctioned not the Indian nations. After the treaties of Hopewell by Congress; and it commissions the President to see it were concluded with the different tribes, the lodian de faithfully executed. It will be perceived at a glance, that,
partments were re-organized, and another resolve was if the lodians were the citizens of Georgia, or subject to passed in 1786, regulating Indian intercourse. No citizen her jurisdiction, the whole range of this act is unconstituis was to reside among or trade with the Indians, without a tional Congress can make no such internal regulations license. And in 1788, upon application of Georgia ber- among the inhabitants of a State, as it contemplates.
self, the Creeks were notified that if they persisted in re The act of Georgia itself, “ to extend her laws over the fusing to treat with the United States, an armed force territory in the occupancy of, the Cherokee Indians," is would be called out to protect the frontier.
the most decisive proof that they were not within her jurisI do not find a remonstrance, or an objection even, by any diction before. The general laws of the State were with: of the States to the powers assumed and exercised by Con- out limitation. Of their own force, as soon as passed, they gress in relation to the lodian nations, except as to the pervaded and covered the whole extent and circumfe. treaty of Hopewell with the Cherokees; and that, Con rence of ber jurisdiction. And yet a special act is now negress enforced, notwithstanding, by a proclamation in Sep- cessary to give them effect among the Cherokees!. Why
tember, 1788, deeming it a treaty binding upon the United this. Because they were not within ber jurisdiction be. States, and upon Georgia as one of the United States. fore. They were honest laws, and knew that their com