Phenix gazette. [volume] (Alexandria [D.C.]) 1825-1833, 1825-09-01

by Zen. GAINES, tnere is ITO iHai'iauai
in these States, who can seriously be-
lieve that a treaty with the nation was
ever made. 1t has turned out to be a
fraud, and the excitement consequent
on these disputes resulted in the exc
~cution Of McINTosH, the author OF the
fraud. Gen. GAINES was ordered on
by Government to quell these troubles.
On an examination of eyidence by our
public officer, it appears that the ces-
sion of the territory took place with
out the consent of the majority of the
Chiefs. Every individual knows that
|, the plan O Indian government general
" has been by chiefs in council-a ma
iority of the chiefs constitute the So
vereignty Of the nation or tribe, and no
act can be valid without the consent OF
the sovereignty Now if a majority Of
the Chiefs contend that they have ne
YER assented--and the o.. S. cannot
prove their assent-how in honor, OF
honesty, can they enforce such a treaty?
But in a case like the present, would
call for strong and powerful testimony;
for it is the exercise of a power extra
ordinary in its nature. The sovereign
ty ola state may exercise powers over
properly, which is Gommon-it may
compel a contribution from the pro-
perry of individuals for the purposes
of goyernment-itmay cede territory
but nothing can pass without the i'm
piled or express consent OF the indl-
viduals-so far as respects the proper
ty of the latter. A government may
cede its dominion over a territory, but
it is conceived that a cession Of the
rights ofindividuals could not be made,
and for this obvious rsason-that ne
such power is inherent in sovereignty,
which is granted by the governed only
for the purposes of natural protection
and defence. Vattel. book Q. c. IA. S.
2os.
Private property never can be at the
disposal of government without neces-
SHY, and then not without remunera-
ton; and none but despots have ever
attempted to coerce feelings, which
have their foundations deep in the hui
man heart.
There is no necessity among the
Greeks for this removal-there is no
implied assent, for they have refused
the remuneration under the treaty; and
they have denied an express assent,
which stands unfalsiied The feelings
of Indignation which the treaty excit-
ed-the desperate resolutions, which,
were made by that suffering and over
whelmed people, never to abandon their
natal soil but to die rather with power
ty and want, or suffer any thing from
the hands Of the white man-have
found a repose in every generous bo-
som, and have convinced every unpre-
JUDGED mind that McINTosH's treaty,
was the exercise of power never given,
and with views which nothing can eve
sanction.
But there is no proof, as | have said,
that there was AN agreement of the ma
ton to this treaty as individuals; for,
in a treaty of this kind, where the indi-
viduals are TO be removed, their assent
is required, or if they remain, they are
to be protected. All treaties show this
among civilized nations, and every mo-
dern treaty provides for the protection
of those who stay, in property and in
person. The peace Of Paris in 1863,
coded the Canadas TO Great Britain by
France-the acquisition of Louisiana
and Florida all recognize this feeling
and above all, after the separation of
our country from Britain, so consistent
were these principles to the feelings of
both governments, that they recog-1
missed them in the treaty of 1894, in
providing for the safety Of property
held in Great Britain or America, as
the case may be, by persons once citi-
zens, but, who, by the revolution had
become aliens. 1.-THE principles Of ex-
patriation, now acknowledged by en-
lightened j%urists, be correct; we surely
think the converse of the rule is so, to
wit: that individuals cannot be forced
to emigrate, for the reasons Of the form
er principle do not apply to the latter
in any measnre-and it is conceived
that this power mast be shown TO have
been vested in the chiefs expressly be-
fore it could have been exercised. But
the point is not what Georgia may
think Of this matter; nor what Gov.
TRoUP may deem respecting this trea-
ty-but what the United States think
on this subject. The treaty of the In
dian Springs was entered into between
the government of the United States
and the Greek nation. The State of
Georgia, although to be benefited by
the treaty, is a stranger to it, so far as
any interference can be made by that
State, either wih the property acquir-
ed by it under the National Govern
ment, or the claims Of the Greek ma
ton.