Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1825-09-16

4
ieress 10 subserve. ] live remote from Your Dis
trics, have in your court, either as party or
counsel, and have not the pleasure of q personal
acquaintance with you. i am 30 much stranger
to you that doubt not that GU will known me as
well under my assumed name if l were to annex
my proper signature. Itook up the paper con-
taining your publication to help 10 PISS away dull
and cloudy day, and Icing very much struck with
The Singular course you have taken and still more
with what seems 10 me the ell principles on which
you rely; novel / mean in their application: the
weather still coniining me 10 my room, for the
want OF other employ ent have committed my
thoughts to paper. Perhaps you will say my time
might have been more protitably employed It may
indeed be so. a TRAVELLER.
September 2, 1925.
GEOSGLa & THE UNITED STATES.
Our third division of this subject has not been
exhausted. If the Indians " no made the treaty
with the u. States, authorised 10 enter into it,
IFS validity only be aifectedby the establishment
OF fraud and corruption. That these means have
been used, is broadly ed by Gen. Gaines and
Maj. Andrews. Gen. G. in late letter to Gov
Pickins, of Alabama, uses this expression, 9" with
out taking any notice of the numerous circum-
stances tending TO impedch the integrity of the
United States Commissioners, who stand high a.
honorable men, Icannot but regret say that there
Is irresistible proof of the fact that the party who
made the treaty the part OF tbs Indians, was not
much, 1t any more than fifth part of the Creek
Nation Sc. In Mai. Andrews letter to Gov. II.
OF the Attn July, he praises the Indian Agent for his
infiexible integrity and firnness, in stemmns a
torrent OF corruption disgracefu in my opinion 10
the national character; but he expressly exemps
Gov. L. from the remark BY adding, " sense of
duty compels me to say, that in using this express
sion, have not alluded 20 your exccllency.' whom
he considered as having been imposed upon. II is
nrth NJ fhase nd tba
sensations of partizan writers, that much camor
has been raised against the treaty In favor of the
validity OF the treaty, have the declarations of
the Commissioners, Messrs. Campbell and Merri-
weather, coroborated by the circumstances TO which
we have already adverted. Enough has been said
on this topic to excite suspicion; but with no other
evidence than what has been submitted to the pub
lie, it appears to be premature 10 pronounce in I'M
qualified terms that the treaty procured by dis
honorable means. All the circumstances connected
with this subject ought to be sif,ed 20 the bottom be-
fore " blast the characters of the Commissioners, &
cast upon the late President and Secretary OF State
and upon the Senate of the u. States, the odium
OF having ratified so foul instrument, and that,
too, in the face Of the solemn protest of the Indian
Agent, setting forth all the objections now said to
be urged against the treaty Georgia is only benefi-
ciay party, and appears to have had no agency in
the negotiation. If there be fraud, how can il be
chmgeahe upon her! 1t must have been practised by
the u. s. Agents or the Indians. Yet Georgia is
heavily denounced by political pariizan writers and
partizan presses. Maj. Andrews, in his vndica-
ton published in the Nat. journal of the 18th inst
speaks in unqualified terms of the bribery employed
by the Commissioners who formed the Treaty.
We hear nothing OF the government OF Georgia
having any thing do with this matter, until the
Governor attempts TO obtain permission to make
the surveys. Believing he had Obtained tina, per-
mission, he so informed the Legislature, and they
passed a law authorisng the surveys to be made
When Gen Gaines obtained the certificate of Mar
shall and Edwards, that this permission had not
been granted, he wrote to Gov. 4. that the ploc-
ed the matter in an entirely new point OF view, and
he lnimates his intention TO prevent the surveys.
Gov. L. was much irrated that Marshall should be
believed in preference TO himself with the evidences
OF having the permission of the Indians in his pos
session. The afiidavits this day publish put the
matter as 10 Marshall's veraciiy, and the pernis-
sion OF the Irdians beyond doubt. They will not
escape the readers attention.
Admit The validity oil the treaty, land until it has
been cancelled By the proper authority, it must
be considered the law of the land; and allow that
all the respectable persons who present at tie
indian council that granted the permission to make
the surveys, are to be believed, the question then
presents itself, had the u. States government the
right to interfere and prevent the surveys? in de-
terminns this question, let il be borne in mind that
the lands belonged to the indians and have been
purchased oflhem for Georgia by the u. S., who
were the mere agents in making the bargain, and
had no beneficial interest in it. Admit, that the
treaty was made under the treaty making power in
the constitution. does that power give the right,
under the peculiar circumstances OF this case, orci-
bly, 10 prevent the surveysl II the U. States do
not possess exclusive jurisdiction over the indian
lands In the old States, they derive the right
from any law Congress may pass relating TO the
indians in their terrifories generally? Upon the
question OF jurisdiction uuder the constitutional
provision, there is doubt in minds. If there
were doubt, it would be removed by referring 10
the act OF tessob, or the contract between " Geor-
gle and the United States BY that instrument
Georgia cedes to the u s. f'all the right little and
claim which she has TO The jurisdiction and soii'
OF the lands beyond the present limits of the stat
Tor The considerations 10 which we have before re-
fcrTed. BY the same instrument, "the u. States
accept the cession on the conditions therein ex-
pressed, and they cede TO the State ofGeorgia what
ever claim, right or title they may have to the ju-
risdiction Of soil Of the uery lands embraced in
/ the late treaty. Notwithstanding this express I'M
equivocal bargain between the parties, in which
the u. States cede whatever rights she may have
! been supposed TO have, either to the soil or the
jurisdiction of the lands; and in which they under
lake purchase the indian titles, they have claim
ed civil and military jurisdiction within Georgia,
and now sustain their claim at the point Of the bay
onet. According to present views of tins
subject, such course is wholly without justifca-
| ton.
| In the political struggle now going in Geor-
| gis we take part, because we have right to
do so. We regret the heat and violence displayed
by both parties. The controversy between the U.
States and the Governor, seems to be the pivot On
which the election turns. The zeal which many
presses and individuals out OF Georgia have display
ed in this election, deserves condemnation. In the
commencement of the dispute with the u. 8. the
Clarke party were charged with being at the bot
tom Of tho objections to the validity OF the treaty.