Lancaster gazette. [volume] (Lancaster, Mass.) 1828-1830, 1829-11-24

ago, ana embraced all that part of North
America which lies between 90 and &c 10
degrees Of north latitude; that is, tract
OF country more than five hundred Eng.
iish miles broad, extending from the At
lahtlck Ocean to the Paci6ck. 1t grant
ed the territory, together with all ports,
harbours, bays. rivers, soil, lands, fields,
woods, lakes, and other rights and pryi-
leges therein named" So far as appears.
the charter said nothing of the native in.
habitants. Whether it said any thing in
regard to them, or not, is immaterial to
the case now in hand for, as have al
ready observed, no man will undertake to
maintain the proposition, that the unknown
tribes and natives between the Atlantick
and the Mississippi, and thence westward
to Mexico and the Paci6ck, could have
their rights and property Justly taken
from them by the signature Of me British
King, in his Palace Of Whitehall.
The rights derived from this charter
were surrendered to the British crown in
the year 1929. Three years Afterwards,
George the second incorporated James
|Oglethorpe and others, as charitable so.
ciety, which he styled "The Trustees
for establishing the Colony of Georgia, in
America, with perpetual succession. :"
10 this corporation he granted all the
lands lying between the rivers Savannah
and Altamaha, and between parallel lines,
drawn westward to the Paci6ck, from the
heads of said rivers respectively, with all
the soils, grounds, Ravens, bays, mines,
minerals, woods, rivers, waters, 6shings,
Jurisdictions franchises, privileges, and
pre-eminences, within the said terrific
ries."
In the year 1852, this charter was also
surrendered to the crown. A royal Gov
eminent was instituted in 1854, over the
colony of Georgia, which was bounded in
in the same manner as the tract granted
to the corporation above described. This
tract embraced all the northern part of
the present States of Georgia, Alabama,
and Mississippi, and extended westward
to the South Seas, as the Paci6ck Ocean
was then called.
BY the peace of 1863, it was agreed
between England and Spain that the
Mississippi should be the western bounda-
ry of the British Colonies. The same
year proclamation was issued by George
the Third, which, among other things, an
nexed to the colony of Georgia, what is
now the southern part of the States of
Georgia, ALBANIA, and Mississippi.
The same proclamation contains the
following passage:-
That it is our royal will and pleasure,
for the present, as aforesaid, to reserve
under our sovereignty, protection, and
dominion for the use of the said Indians,
all the lands and territories not included
within the limits of our said three new
Governments. or within the limits of the
territory granted to the Hudson's Bay
Company, as also all the land and terrific
ries lying to the westward Of the sources
Of the ri0ers, ,Ohich fall into the sea from
the aOest, and northeast, as aforesaid; and
We do hereby strictly forbid, ON pain of
our displeasure, all our loving subjects
from making any purchases or settlements
whatever, or taking possession of any Of
the lands above reserved, without eur spe-
cial leave and license to that purpose first
obtained"
the lands now in dispute between
Georgia and the Cherokees are within the
description which is printed in italics;
and were therefore reserved I" for the use
Of the Indians" Thus matters remained,
SO far as the British Government was con-
cerned, till the close Of the Revolutionary
war. By the peace Of 1888, the Colony
Of Georgia was acknowledged to be one
of the independent States of America.
There can be no doubt, that the State of
Georgia thenceforward might exercise,
within her proper limits, all that authority,
in regard to the Indians. or any other
subject which either the Colony of Geor-
gia, or the British Government might
have previously exercised. 1t is to be
understood, however. that any modifica-
tons of her power, which Georgia made,
either by entering into the old confedera-
ton, or by adopting the present national
Constitution, are to be duly regarded.
There are no means within my reach,
by which the claims of the British Govern
ment. in regard to the possessions of the
Indians, can be accurately known. Nor
is it Of any consequence that they should
be known. Unless they were founded in
reason and justice, they could be Of no.
validity; and in regard to what is found
ed in reason and justice, impartial, disin-
terested, intelligent men of the present
day can form as correct an opinion as
could be formed by the Kings of Eng
land.
1t is admitted on all hands. and is even
strenuously contended for by the people
Of Georgia, that the Indians were consid-
cred by the British Crown as under its
protection. From this claim of the crown
it is inferred that the Indians held their
lands by permission Of the crown. Now
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