Constitutional Whig. [volume] (Richmond, Va.) 1824-1832, 1825-11-25

eo MN rs an enemy TO its interests, dsrcarded by his
government and condemned by himself; III short, his
ngie declaration the face ct truth made bv that go
'ernment the basis of the most offensive
against this, even to the extreme of threatening
with the sword, and actually drawing out regular force
for its execution.
The history OF the treaty of 1926 and the character
OF the events which followed, will be best learned by the
documents and evidence heretofore published and those
now laid before you. The epome is, that the treaty
was unaintod with fraud as most ether Indian
teswas made with authority long recognized
by the United States as competent to make it, aC
quiesced III II at first by the great body o. the nation and
would have been cheerfully submitted bv the whole
tribe the hostile hie in Council indicated Col.
Lamar if the Agent had not returned from his mission
w asbington and altered E--lt was this omuous re-
turn from his defeat before the President aud Senate
which Mcintosh foresaw the which lnfurated
man would bring upon him and his gencration-''W
not in any danger until he home himself and
commences hostility aud urges upon u.s." Mcln
tcsh-'l ratified ncaning tue reaty,( may produce
horrid state OF things among those unfortunate Iu-
dlans says the Agent. What the penetrating sagacity
OF tie one toretold soon To pass-hlclutosh was
and thus the evil genius Of the other which
predicted the coming of the whirlwud, which rode
and directed the storm, the fell sweep the
unph OF ms machiuations and the fulmenl of his pro-
Phccy Mcintosh and his Chiefs had given their assent
To The survey ol the country and this seized b,
the Agent To divert the public odium himself. ana
to iastcn 1t on The Chief Magistrate of Georgia who
had sougti; and obtained that assent The naked dcca
ration OF the Agent TO tins effect b, title
of proof, was sufficient to command the absolute Gre
deuce ct ls government, and contrary all Opposing
testimony OF The most conclusive cla
IT in charging tie calamities OF the nation nnon the
same magistrate the author of them ALTO forbid Tic
survey aud To emhody corps of regulars prevent it,
and to continue 10th lis offensive orders and It's oGcn-
sve armament even after another of agents false
testimony had proven TO lis satisfaction that no such
sent was ever gwen and had announced 10 moreover
what not the fact but what on his author ity I'M
PlIcy believed 10 be the fact, that the modification OF
The Indians had been concluded and of course ordc,
and tranquility permanently restored; nevertheless the
offensive mandate Is uprevOIcd and the parade of bavo
nets maintained. Tho Indian right of occupancy is the
only one acknowledged by the European powers from
the beginning-tlIe only acknowledged bv ali the
pnbc instruments through which Georgia derived her
ul!e-the only one conceded to the Indians by Geor-
gia IN all her treaties with them fro The first settle.
'ncnt o the country, and the only one recognised by
the United States themselves.
The Spaniarls and the French, without respecting
even tins right have iorcbly appropriated TO themselves
entire countries when and where il suited therl--'The
English and Americans have far respected il as to
make compensation for the REIMBURSEMENT of claim
or abandonment of Ii true that with rerard 10
this right of the United States in their own terro
ry, IeSt have given ii TO any latitude wic. pleased
ulein, because the soil and jurisdiction belonged 10
them but with regard to the terriIor, of GEORGIA
Wncrc the soii and jurisdiction insputabv hers
this right OF use only be construed 10 mean what IN
I'll the treaties did mean, tue right of for hunting
" hen therefore the United States by changing the
inoae oil lie OF the aboriginal upon the soil Of Georgia
changed essentially this right, aud caused her lnds I'm
oe separately appropriated Tor tic purpose of lare and
CAV" every encouragement fixed habits of agrcuI
tu:e, they volSted the treaties in their letter and sit
ana did wrong 10 Georgia 1t is not less sraurc than
true that OF all the various tribes of aborin snrs
ca over Inc vast country within the limits OF the United
States, two Of hem within the lintsof Georgia have
bcen specially seieGted most ii, subjects for The one
ration this great scheme o! eclaaIaon and that bc
partial success OF this scheme founded in wrong 10
Georgia and continued in wrongly should he hell up
10 Us now mirror IN which vc arc invited 10 eae ut
once or own deormiiy and the moral beauty of its au-
tors, and that this original and continued wrong should
be set up IN bar Of our undouttcd rights.
Ihc state OF Georgia contends that the jurisdiction
over Tie country IN question: is absolute in Ecrsc-Shc
proves n by ali tue titles through which she derived lier
clam from tue beginning; by the charters and proca
auons OF the mother country; by the repeated acnov-
Judgements OF the United States themselves and he
their solemnly expressed recognition in the FIRST AMI
second articles of the agreement and cesson of 1902
IL was shewn that If Georgia had the Jurisdiction
Georgia had never parted with If; and tla if she had II
nor she can never have 1t IN virtue of any authority of
any power known to her. Yet Georgia has been ,lepi
cd The right of survey of her soil within her own
Jnri5dIcuon right as nscparable from chat jurisdiction
aud as innocent right of way and this otyithstaud
oS INC consent to that survey is verify believed free
iy gIFenb By every hcf within The limits OF the terrific
ry who could by any possibility suffer harm or dctr
nent from it-Nay more, IL is confidently believed that
the United States government or IFS agents had no,
eXortcd from one portion OF the Indians objections IN
The survey there would not have been found Il sinrle
individual who would have thought Of entertaining any
ana mere 1t VIII not escape that at fle council of
Broken Arrow, where the commissioners of Georo;,
were present, the military officer OF lie United States
nnder ms instructions, made known 10 the Chiefs thai
his government had resolved to permit the surve
so that II spirit at any time from any cause lad ami
mated the Indian 10 hostility against GEORGIA the ca
wage would have ayaed himself of the survey as pre-
,e%t TO tall upon our people and with the more erocty
of the United States ~
The last Pretext of The President for resistance TO
the survey is the obligation execute the 3n rIicIc
Of the treaty Which guarantees protection to the friend
" Indians Under that guaranty the L. States passive
Snher hciniosh and his friends 10 be murdered i'm
The hour OF peril no arm is lifted save or to protect
nc danger Pas-thc Chiefs massacred-teirpr opertv
destroyed or disPorsed-e survivors in Georgia asking
bread and protection Of their lives after abandonin 70
their enemies every thing valuable at hornc-thc H.
oiae step forth with their armed power defend under
te 1th article Of the treaty, these same Indians against
all their enemies, and particularly the Gcoraiaps
their only friends and protectors.
Mcintosh having fallen in The cause Of the L. STATES
by The band Of treacbcry-the L. States were bound
m honor under the 9Th article 10 bring to punishment
his nurdctcrs-to restore to his friends their rank nov
or and property lost in The cause and to have CO.
creed The execution Of the treay-al which could en-
oil