Lancaster gazette. [volume] (Lancaster, Mass.) 1828-1830, 1829-12-22


1t is clear, then. that the United States
could not be bound by the compact of
iou%, however that instrument might be
understood or construed, to do more than
% purchase the lands Of the Cherokees,
within the prescribed limits, whenever the
flghtfui owners are willing to sell, upon
reasonable terms.
But this is not all. A fair interpreta-
ton OF the compacts binds Georgia TO the
same course Of proceedings which had
previously been pursued for the acquisi-
ton of Indian lands. This course was
perfectly well known to both parties. 1t
was always through the medium Of the
matchmaking power.
The compact says that the U. States
shall e1tinguish the Indsam title. The In
dlans had title, it would seem, and til
i&lsGf snch a kind as would require the
Iagency of the United States before it
could be extinguished. 1t would not ex-
pire of itself; it would not vanish before
the march Of civilization; but the inn
mense power of the General Government
must be brought to bear upon it. Even
this power might fail and hence, the
provision, that the United States should
not be bound to do what was impossible.
or unreasonable. At that time it would
doubtless have been thought impossible
Tor our General Government to break
plain, positive treaties; or to take forcibe
possession of lands in the peaceable &C.
cupancy Of indians, even though these
lands were not protected by treaty. The
title was ODE extinguished lpeaceabh, and
on reasonable terms. The law of the
strongest was not to be relied on. All the
parties were to sustain the character of
reasonable beings. There was to be con-
sent of terms, union of minds, and not an
appeal to the sword. This part of the COM
pact is as truly obligatory as any other part.
1t was stipulated by the Commissioners,
that the compact should be binding, if the
assent of the Legislature of Georgia should
be given within six months from the date /;
provided, that Congress should not, within
the same period, repeal the act by which
the agreement had been made. The
legislature of Georgia assented to the COM
pact, and Congress did not repeal the act.
| The enacting clause, by which Georgia
ratified the compact, is in the following
words, which ought to be very diligently
considered by the leading men Of that
State, viz -
! Be 1t enacted By the Senae and House Of
Representatives. Of the State of Georgia, in
General assembly met and By The authority
thereof That the said deed, or articles Of
agreements and cessions be, and the same
hereby is and are fully, substantially, and
amply ratified and confirmed IN all its parts
and hereby is and are declared to be bind
ing and concLasiUe on the said State, her
government, and citizens. forever"
/ Now let it be remembered that the
State of Georgia, fully aware that the
treaty making power was vested exclusive
ly in the general government knowing
in what manner that power had been ex-
ercised for thirteen years; that no less
than eight treaties had previously been
made by the general government with
Indian nations living within the chartered
limits of Georgia +; that most of these treat
les contained cessions of land, and es-
tablished boundaries of territory, with SOL
emn guarantees that there was no way
Iof extinguishing the Indian title, except
by treaty the Legislature of Georgia,
knowing all these things, solemnly ratified
the compact, in accordance with which
the United States only could ertingmsh
the Indian title; and this could be done
only in a peaceabIe manner. The compact
containing these provisions was ratified
in all its parts" and declared to be
binding on the Estate, her government,
and citizens foreuer."
With what shadow Of reason, then, can
it be pretended, that Georgia has right
to extinguish the Indian title herself with
! out waiting for the interposition Of the
general government or that the Chero-
KEGS have no title to be ertinguished, being
merely tenants at will, or tenants by suf
ferance When the politicians Of Geor-
gia stretch out their grasping hands to
seize the property Of the unoffending
Cherokees, let this word ,forever,- the
closing word of solemn act Of Legislation,
ring in their ears, till they shrink back
from oppression, and betake themselves
to that course of equity, which is prescrib-
ed in the compact, thus solemnly ratified
and sanctioned.
| The publick measures Of Georgia, in
relation to the Indians. have all, till quite
recently, been conformed to the princi.
Piles of this compact of 1902. II is not
quite FIVE years since the spurious treaty
of Indian Spring was made "a treaty,
which the highest authorities set aside
for manifest fraud. The proclamations
and reasoning, Of the GOVERNOR Of Geor-
gia, in regard to the effect Of this treaty.
ION the assumption that it was valid, are,
in the main, correct and proper
This treaty was made Feb. l2, 1925.
On the 22d Of March following Gov.
Troup issued proclamation which COM
mences thus: Whereas. BY treaty