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what I thought such a proposition to the Committee of the Whole on the state of the Union, and which was by them almost as promptly rejected as submitted. My proposition was to authorize the President to hold treaties with the tribes in the usual manner, to extinguish the title to their lands on this side of the Mississippi, and exchange those with them for others beyond; to obtain their voluntary consent to go; to make provision for them while migrating, and for their sustenance a reasonable time after their arrival there; and, indeed, embracing very nearly as extensive a scheme as the bill now under consideration, except that treaties were to be made and brought before the Senate for their advice and consent; that, as treaties had sometimes been obtained through fraud and covin, and had actually afterwards been set aside by the Senate, and which had occasioned bloodshed among the Indians, I was desirous to avoid such a catastrophe in future, and believing, at the same time, that it was the only constitutional mode by which it could be done. But, sir, what was my astonishment, when I was told that it was worse than no plan, and found that it was rejected almost without a division. I must confess that I felt afterwards as if it was my duty strenuously to oppose the one now under considera-aside by the Government, on the application of the Intion, and shall certainly continue to do so, unless it shall be modified to comport with my views of the constitution, of the treaties made with them, and of that justice which is due to a weak and helpless people, to whom we are under every obligation of compact, of honor, of benevolence, and philanthropy, to protect, and, as far as we can, to save from impending ruin and final extinction. Sir, the danger to be feared in prosecuting such a tremendous scheme ought to prevent its adoption.

Georgia has extended over the Cherokees. It will be necessary, in order to come to a proper understanding of the case, to show the relative situation of the Georgians and the Indians. It seems that the Cherokees, in pursuance of the treaty made with them by General Jackson, in 1817, "have established fixed laws and a more permanent system of Government. They elect their chiefs and head men, who form a council; they meet at stated times, and pass laws or decrees to govern them; they have their executive officers, their justices, and their constables or marshals," as they are pleased to call them. With those chiefs, council, and executive officers, they govern themselves, I am told, with a regularity and firmness of purpose very little short of the most civilized communities, and at least with the same stern, undeviating national integrity. Sir, there is not upon record, I believe, an instance of a violated Indian treaty, which was entered into by them, voluntarily and without fraud on the part of the white men; they have universally abided by them, however onerously they have operated. It will be recollected, that, in 1825, a fraudulent treaty was made with the Creeks at the Indian Springs, which was afterwards set dians; and even in this case, although it appeared that General McIntosh, the principl chief who had negotiated the treaty, was to become the individual owner in fee simple of a property worth perhaps thirty thousand dollars, for his infidelity in signing the treaty, and although the chiefs who made the stipulation were unauthorized to do so, yet the nation never attempted to violate the treaty, but modestly asked of the Government of the United States to set it aside, in consequence of the fraud, This bill throws into the hands of the President some which they did, on equitable terms, and to the great distwenty millions of dollars, to disburse exactly as he pleases; pleasure of the Georgians. It is true the Indians punished. it throws into his hands the lives and liberties of four huu- Melutosh, their chief, with death, for his infidelity, and dred thousand human beings, for such is about the num the world has pronounced upon their act, that it was right, ber of Indians on both sides of the Mississippi, besides a for he was a traitor according to their laws, having knowhundred millions of acres of land, without check or con- ingly and wilfully violated not only a statute of his countrol over him, no power to revise his acts; all his compacts try, but that sacred pledge and faith which is the only gua are without the revisory power of the Senate. It is a dis-ranty of national or public safety. Since the fatal catascretion which I can never consent to grant to any man. trophe, I am told, the Cherokees, from a deep repugnance My proposition requires treaties to be made in the usual to sell their lands, and from the circumstance of their way; those treaties to be submitted to the revision and con- chiefs, as well as individuals, being sometimes bribed, have trol of the Senate. Here is safety. If the treaty is fraudu- passed decrees punishing with death any chief or other lent, it can be set aside; if it be improvident, it can be person going into council to make treaties for the sale of rectified; if the President should drive the project too their possession, without the consent of the whole nation, fast, or extend his operations too wide, he can be checked. Now, sir, what are the laws of Georgia in relation to The Senate is a representative body in part, and in part those people! The very act by which she extends her laws executive. The various interests of the States are there over them, annuls and renders void all their orders and defairly represented, and their political powers fairly ba crees, and makes it a penal offence, subjecting them to lanced, where contending interests are brought equally to confinement in the penitentiary for six years, to hinder or operate, and wisdom and virtue will direct the controversy prevent, by any means, any individual from selling any part to a correct result. Sir, let us see how this bill, in its de-of their lands. The Indians, finding the members of their tail, would operate upon the Indians, in connexion with society had been bribed, as I presume, though entirely the laws of those States which have been brought to bear immaterial for what reason, had made a decree or order upon them. Every gentleman can see, at the first glance, that no individual among them, without the consent of the that they must operate oppressively. How is one of those nation, should enrol himself, under a law of the United sons of the chase, who has all his life roved uncontrolled States. for the purpose of removing beyond the Mississip through his native forest, pursuing the game-I say, how is pi. The same act of Georgia makes it a penal offence, he to conform to the habits and manners of civilized life? punishable by confinement at hard labor in the penitenHow is he to be transformed, in a moment, from the solitary tiary four years, "to prevent, or endeavor to prevent, by savage to the social and polished citizen? How is he to any means, an Indian from thus enrolling himself for transyield the lawless freedom of the wilderness to the narrow portation." They have likewise an order or decree of walks of cultivated society? How exchange the wander their council, which, I presume, originated in the fraud ings of the hunter for the contracted circles of the husband- and corruption practised at the treaty of the Indian Springs man, or how the wild sallies of licentiousness for the re- in 1825, and which was afterwards set aside by Mr. Adams, straints of social intercourse? He cannot do it; it would with the consent of the Senate, making it a felony of death be worse than Algerine slavery. But, sir, these are not for any of their chiefs or head men, fraudulently and wickhalf the difficulties imposed upon these helpless and mise-edly, to go into council, and make a treaty for the sale of rable people. These remarks will apply generally to all their lands, without the general consent of the nation. How those three States which extend their laws over the Indian bas Georgia met this wholesome provision of their laws? tribes within their borders. Why, sir, by passing an act, making it murder, and punishable with death by hanging, to take the life of an Indian for

But let us see what are the provisions of those laws which

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[MAY 19, 1830. enrolling himself for transportation, or for going into a coun- that if the Indians were liable to such severe punishment cil, to sell their whole territory, or any part of them, to the for making one kind of order or decree, they would fear to whites; making the executive officer of the Indians answer-run the hazard of making any kind at all. Sir, without able with his life for executing any such order of council or dwelling upon this point in the argument, it is very clear decree. There is, likewise, a provision in the same law of that the law of Georgia is intended to intimidate the InGeorgia, which disqualifies the Indians, even on their own dians, by punishing those who shall dare to object to the lands and in their own towns, from being witnesses against sale of their lands; and, sir, by a literal construction of a white man. Now, sir, a comparison of those sanguinary that act, it is made a crime, punishable with four years' edicts of Georgia, operating as auxiliaries with the bill confinement at hard labor in the penitentiary, for an Indian upon your table, will exhibit the true grounds upon which to persuade his neighbor not to sell his lands and leave those poor Indians stand in relation to the freedom of their his country. And why was it necessary to pass such an wills, in selling their lands, and removing themselves be act, if it were intended to leave the Indians at liberty to yond the Mississippi. This bill, then, in the first place, exercise their free will whether to go or stay Nay, if it authorizes the President to exchange lands beyond that were not intended directly to compel them to go? Such river with any nation of Indians on this side, for the whole is the operation of the act, in connexion with the one now or any part of their territory. It is not to be presumed under consideration; and, if this bill passes, no arm but the President will, in person, make all those exchanges: that of heaven can save them. it will have to be trusted to agents, and perhaps those re- The balance of my remarks, will be pretty much confinsiding in the State where the land lies; deeply interested, if ed to answering the argument of the gentleman from not individually and directly, he will be so politically and Georgia, [Mr. WILDE] and which will show, as far as I can indirectly, and will necessarily make it a point of skill and wish, what is the nature of their own act extending their praiseworthiness as a diplomatist, to obtain the best terms laws over the Cherokees, as well as the operations under he can of the Indians. This is putting it on the best and the act now proposed to be passed. There is, sir, a clause most honorable grounds. The laws of Georgia have an in this bill which authorizes the President of the United nulled and abrogated all the decrees and edicts of the States to have appraised the improvements on settlements tribes, thereby rendering them perfectly powerless, and among the Indians, and pay those individuals for them; giving to the vile and perfidious among them the liberty of and, when thus appraised and paid for, no Indian is afterexercising, with perfect impunity, the basest fraud and wards at liberty to reside on them: but they shall instanttreachery, and, to cap the climax, doom to the peniten ly become the property of the United States, or the State tiary for six years, at hard labor, any Indian in their nation which owns the soil, and the Indians forever ousted of the who shall attempt to prevent them. This is a case that possession. This is at once to authorize the agent whom may happen with the most correct agent the President can the President may employ to deal or bargain with them, employ, and when governed by the purest motives. Un-to apply to every Indian in the nation, and deal with him der what circumstances will the Indians come to treat with individually for the little spot on which he may have built you! Why, sir, disarmed of all power as a nation, with a cabin; and, by bribing him with a small sum of money the horrors of a penitentiary and hard labor staring them to sell his improvement, it at once becomes the property in the face, with a rope around their necks, a hangman by of Georgia, if it be within that State, as she is entitled to their side, and a gallows erected over their heads! What the soil when the Indian title is extinguished. This is not a medley of absurdity, oppression, and horror is couched dealing with the Indians as a nation-it is purchasing out in these few sections of law. The solemny legislative de- individuals, and taking their lands from them by piecemeal, crees of the Indians are, by them, declared null and void; without asking the consent of the tribe. It is calculated and yet if one of their tribe prevents his fellow-member to corrupt their people, lead them to acts of disloyalty, from going into council to make decrees, he is punished and set them at war with one another. And here, sir, the with confinement at hard labor in the penitentiary. Their act of Georgia has full effect; because, for an Indian to decrees in council are null and void, and yet they are pun do any act by which such a disloyal deed shall be preventished if they do not hold councils, and make such as shall ed, is punishable with imprisonment for four years in the suit the convenience of Georgia. They are void in some penitentiary. The gentleman tells us that this is no new instances in which Georgia is interested that they should thing; that the Government of the United States have be, and yet they are very grave and solemn acts in cases often dealt with individuals of a tribe for lands. Why, sir, in which she is interested to make them so. If the Indians if it is not intended to effect some new object, why pass do not hold councils to suit the convenience of Georgia, the bill? If it is only intended that the President shall they are punished in the penitentiary; if they do hold treat with the Indians, why the new provisions in the bill? councils, such as do not suit the convenience of Georgia, or, I ask again, why pass the bill? The President has the and execute them, they are to be hanged; and yet we are power to treat with them without it. I undertake to say, gravely told that this bill is not intended to coerce them sir, such a thing never was done by this Government, as to from their homes or to sell their lands. Sir, I do not mis- deal with an individual Indian for lands, unless it was such represent this law of Georgia. I hold it in my hand-it is lands as he held from the United States by patent or deed. on every gentleman's table. I have stated its provisions The United States have never yet descended so low as to substantially, and can be corrected if I be wrong. Sir, if deal, or attempt to deal, with individuals among the Init be proposed to these unfortunate Cherokees to sell their dians for lands which were not held by them as private lands, they cannot avoid doing so. There will always be property. They have never dealt with them in any other found in any community individuals corrupt enough to way than by treaties with the tribes, fairly made in council. take advantage of the weak and imbecile. There will al- It is true they have paid the Indians for improvements, ways be found those in the nation weak or wicked enough but those payments have been always made to the nation, to yield to the bribes of corrupt agents, so long as impu or to the individuals by consent of the nation: for every nity shields them from condign punishment. Indeed, it one knows that all Indian lands are held in common by the seems a little strange to me that it never occurred to the nation, and no individual can enjoy a foot of it as private enlightened Legislature of Georgia, that, by annulling all property. Hence, to deal with the individual, is calculated the laws, customs, ordinances, and decrees of the Che- to drag from the nation its lands piece by piece; because rokees, and punishing them for making such, they there they have it not in their power, in consequence of the act by rendered all their decrees, to every intent, ineffi- of Georgia, to punish an offender who shall thus take upon cient, as well to convey their lands as every other practical himself to violate his duty to the nation or tribe to which purpose; or how it should have escaped their discernment, he belongs. It enables the agent who shall negotiate, by

proection; let us not undertake to govern them with our laws, but aid them in governing themselves with their own laws-lay off their territory in a continuous form, not into circles or districts for separate and distinct tribes, as contemplated by this bill; for, according to it, the territory is to be laid off, and distinctly marked, so that each tribe may know its own. By a course of this kind, you keep up those odious distinctions which have been the causes of endless wars between them. Why, sir, while they had the whole range between the Atlantic on the east, and the Pacific on the west, if we can believe history, it was their disputes about the lines of their hunting grounds which caused those exterminating wars which were fast leading to their extinction. And, suppose you throw, according to the provisions of this bill, some forty or fifty tribes into a narrow compass, between the western boundary of Missouri and Arkansas on the east, and the Spanish dominions and Rocky Mountains on the west. What is to be the consequence? Why, sir, in less than twelve months after they are fixed there, endless disputes and quarrels will ensue, and the same old exterminating warfare begins; and you are bound to protect them in their new possessions, not only against all foreign foes, but against themselves. This will create onerous burdens, which the people of this Government will be very little disposed to bear; and the poor Indians will very likely, in a short time, be again abandoned to the operations of their own lawless and savage passions, which know no graduation of punishment-but every offence is punished with death; and, very soon, they will again be seen tending to decay and extinction.

[MAY 19, 1830. not conceive himself warranted in presenting to its cousideration more than an epitome of the argument which was intended to be urged in support of the bill.

One observation, in justice to myself, [said Mr, L.] and which will favorably present the claims I have on your time, if not your attention. Actuated by considerations connected with important interests, in which Georgia and her citizens are peculiarly, and, I might add, almost exclusively concerned, I have been induced to abstain from debate on all other subjects, that your obligations to listen, and my claims to address you, might be increased. To advance the success of these interests of the State and her people, requires the exertions of all the energy and talent of her delegation; and such as I possess shall be devoted to them. The gentleman from Indiana, [Mr. TEST] and others associated with him, who have preceded me, presented those objections which, on the first aspect, might be conceived the most formidable to the bill itself; and the importance attached to them, the fearful apprehensions indulged, from the power it is supposed to confer on the President, and the fatal consequences predicted from it, demand an answer. This they shall receive. We are informed by the gentleman from New York, [Mr. STORES] that the history and experience of all Governments should admonish us that power has a tendency to concentrate in the Executive Department of Government; and that its insidious encroachments, which have undermined the liberties of nations in past times, emanated from that source; that patronage is dangerous, and is increased by the bill; that, by it, the settled principles of the action I say, sir, give them a territory, do away all those fatal of this Government are subverted; that treaties are superdistinctions of tribes, let them be Indians, not tribes of In-seded; and that the President will have an unlimited disdians; cultivate a good understanding with them; give them cretion to do what heretofore required the concurrence of to know that we intend to treat them as our equais. It is two-thirds of the Senate to accomplish. But, sir, let me call that invidious distinction we have always kept up, which your attention to the bill, and I hazard nothing in saying has made them hate us. The Indian is not like the poor that a partial examination of its provisions will satisfy every humbled African, who looks up to his master as a superior unprejudiced mind that no such exceptions exist, except being; he feels all the dignity of his nature; and to treat in the gentleman's imagination. him with contempt, is to make him hate you with a hatred as lasting as time, and as inexorable as fate. You are going to place him on the borders of the Mexican dominions, who may one day become our rival and our foe; and if you drive him from his home by acts of oppression, he goes there with his heart cankering and festering with a deep sense of his wrongs. He will be always ready to join your foes, whoever they may be. He will fight you as long as he can raise the tomahawk, or wield the war club. I say, therefore, give him a country that he may call his own; take him under your kiud protection; fix bis title to it upon principles that shall satisfy him that it is to be his forever: do not drive him hence, but make it his interest to go, and he will go voluntarily; and, instead of bearing in his bosom the feelings of hatred and revenge, he will carry The fifth section extends to the emigrants the necessary with him the pleasing recollections of your beneficence assistance to enable them to remove, and such aid as may be and kindness. Instead of pouring forth the curses of his in- required for the support and subsistence for the first year. jured country, he will breathe the aspirations of kindred The sixth enjoins it as a duty on the President to proaffections. But, sir, if you drive him away with unpro-tect them in their new residence from the interruption and voked wrongs, visit upon him the evils with which this bill disturbance of other tribes, and all other persons. is fraught, surround him with insuperable difficulties, till The seventh and eighth sections preserve their relations he is forced to yield to their pressure: send him away in that with this Government as they have heretofore existed; spirit, and he will war with you till he reaches the shore and appropriate five hundred thousand dollars to effect of the Pacific; and, when he has no longer a clod of earth upon which to set his foot, you will hear his curses (not his sighs) wafted back upon the returning gale; and not his only, but the curses of pitying nations who shall sympathize in his wrongs and his sufferings. You will be told of your broken faith, violated treaties, unprovoked wrongs Sir, so far from the bill conferring on the President these inflicted upon the poor Indian, when he (as eloquently ex- alarming powers, or in any way interfering with the makpressed by the gentleman from Georgia) shall not be ex-ing of treaties, he will be the mere instrument to consumtinet, but sunk in the vast ocean of oblivion.

Mr. LAMAR said he was well apprised that he was about to impose on the exhausted patience of the House a heavy tax, but, under existing circumstances, he should

The first section requires the President to cause to be laid out, of the territory to which the Indian title has been extinguished, west of the Mississippi, a suitable number of districts, for the reception of such tribes or nations of Indians as may choose to exchange their land.

The second only provides for the exchange of territory; and the third requires that, in making the exchange, the President shall cause a guaranty to be made them, or at their election to issue a patent, subject to revert to the United States if the Indians become extinct or abandon the same.

The fourth provides for the payment of such improvements as add value to the lands claimed by individuals, to be ascertained by commissioners appointed for the purpose.

the purposes specified in the bill. This, sir, is the bill so full of danger, patronage, and power; so little merciful to the "poor Indians" which is to produce among the nations of the earth a moral disgust, and draw down upon us the vengeance of Heaven!

mate the legislative will: to see the object accomplished in the manner Congress shall direct; and the manner as well as the means of doing it are expressly designated and defined in the bill. He will occupy the humble station of a

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subordinate agent, with no more control than is conferred treasury. Who receive it? The Cherokees, as a people, on him in the execution of other public acts, and not so with whom it was formerly distributed, or those officers much as he has in the disbursement of the millious annual- who administer this recently organized Government of ly expended upon the exigencies of Government. theirs! Sir, the overgrown fortunes of the latter, and deAnother objection to the bill is, that the same object gradation and poverty of the former, furnish the answer. can be attained by treaty, and that it is dangerous to de- In proportion, then, as the aggregate number of their part from the established usage of the Government by the population is lessened by emigration, will the amount of the introduction into it of this new principle of action. These annuity received by the chiefs be diminished, as a rateable I regard as mere assumptions, and will join issue in point part will pass to those who remove. Hence it is, sir, that of fact with the gentlemen who urge them. The history the chiefs of that nation have exerted the despotic powers of our Indian relations refutes every position assumed on with which they are clothed, to restrain the emigration of these points, and it will be a difficult task for certain gen- their people. tlemen here, who have thrown the whole weight of their influence in opposition to this bill, to extricate themselves from the charge of inconsistency.