The Massachusetts spy, and Worcester County advertiser. [volume] ([Worcester, Mass.]) 1825-1831, 1829-11-11
WHOLE NO. 1854.
From the National h,tensgencer.
PRESENT. CRISIS IN THE CONDITION
OF The AMERICAN INDIANS.
so. XIV.

NO. XIV.
0 The next inquiry will relate to the title con.
yeyed to the first European settlers of Georgia.
4 by the charter of the British crown There are
some people, even in our Republican country
7 VINO appear to suppose that there is wonderful
virtue In the grant of King But, is it not man.
Hest, ON the bare statement of this subject that
not even King can grant what he does not
; possess: And how IS it possible, that he should
possess vast tracts of country, which neither he
nor any European, had ever seen but which
were In fact inhabited by numerous independent
nations, OF whose character, rights, or even ex-
s,o,re ne knew nothing Many grants to
nng west from the Atlantic to the Pacific ocean,
This was particularly the case with the charters
OF Georgia Will it be seriously commended
that royal grant of this KIND conferred anv
rghtfu authority to dispossess of their territory
the original occupants of the soil? From such
principle !: would follow, that all the aboriginal
inhabitants might be lawfully driven into the
ocean, and literally and utterly exterminated at
once; for the European powers, by their proc
| lamatlons and charters, divided the whole Amer
Ican continent among themselves. But who will
} care TO advocate the monstrous doctrine, that
the people of a whole continent may be DESTROY
ed, for the benefit of the people of another con-
tnent?
1t is very easy to understand, that England,
France, and Spain, would find it convenient to
agree upon certain boundaries among them
serves, SO that the subjects of one European
Power might not come into collision with the
subjects of another. All this was wise and prop
er; and when it was accomplished, one of these
powers might properly grant unoccupied lands
to Its subjects; not encroaching, however, upon
the original rights of the natives, or the conven-
tlonal rights of Europeans. For these two pur-
poses, viz The prevention of strife between
new settlers, and the establishment of colonies
upon territory not claimed or tho claims IN
which had been, or might be amicably extiu-
gulshed--the charters of European Govern
ments were extremely valuable. Further than
this, they could not go; and the very idea that
they could divest strangers of their rights is
utterly preposterous.
1t is true that the Pope, Immediately after tho
discovery of America, issued bull, by which
The kings OF Spain were authorised to conquer
and subdue all the inhabitants of the new world
and bring them into the pale of the Catholic
church. About a hundred years afterwards,
Queen Elizabeth, much in the spirit of Popery,
issued a proclamation, by which she directed her
subjects to subdue the Pagans of this continest.
But the people OF Georgia will not build upon
either OF these foundations. None of the Pro-
testant colonsts professed to act upon such prin-
cples and the first settlers from England, as
general thing, if not universally, obtained of the
natives, by treaty, the privilege of commencing
their settlements. Whenever they afterwards
got possession of lands by conquest, they did so
IN ,eenseqncncc Of sa,sy indians were
nstigated, either by their own fears and jeal-
ousies, or by the intrigues of European nations
1t is undeniable, that the English colenists as a
body, and for hundred and fifty years, disa-
vowed in principle and practice, the doctrine,
that the aborigines might be driven from their
lands, because they were an uncutivated people,
or because the whites were more powerful than
they. have not been able to find assembly
lot Legislators, anterior to December, 1897 lay
ting down the broad principle, that, in this case,
Ipo,onr becomes right; memorable declaration,
which was made by the Legislature Of Georgia,
in one Of the paroxysms Of the present contro-
versy.
Let it be fixed in the mind, then, that the
charters of British Kings, however expressed,
or whatever might seem TO be implied in them,
could not dvest the Indians of their rights.
y The charters of Georgia are cited in the ia
nous case of Fletcher VS.. Peck, (6 Cranch, b.
So and it may be presumed, that all the parts
which have bearing on this investigation,
there copied. The first charter was granted by
Charles the second, one hundred and sixty three
Years ago, and embraced all that part Of North
America which lies between 20 and 36A degrees
of North latitude that is, tract Of country
more than Ave hundred English miles broad,
extending from the Atlantic Ocean to the Pa
cifc. 1t granted the territory, {" together with
all ports, harbors, bays, rivers soil, land fields,
woods, lakes, and other rights and privileges
therein named" So far as appears. the charter
said nothing of the native inhabitants. Whether
il said any thing in regard to them, or not, IS
limmaterial TO the now in hand !: for, as
have already observed, man will undertake
to maintain the proposition, that the unknown
tribes and natives, between the Atlantic and the
Mississippi, and thence westward to Mexico and
the Pacific, could have their rights and property
justly taken from them by the signature of tho
British King in his Palace of Whitehall
The ri0hfc darived frorn This charter vyera
surrendered to the British crown in the year
1929. Three years afterwards, George the Sec
ond Incorporated James Ogleihorpe and others,
as a charitable society, which he styled " The
Trustees for establishing the Colony of Geor-
gla, in America, with perpetual succession"
( TO this corporation he granted all the lands
lying between the rivers Savannah and Alta
maha, and between parallel lines, drawn west
ward TO the Pacific, from the heads of said riv-
ers respectively, /" with all the sos, grounds,
Ravens, bays. mines, minerals, woods, rivers,
waters, fshlngs, Jurisdictions, franchises, privl-
lcges, and pte.eminences, within the said terri
& tories"
: In the year 1859, this charter also was surren-
dered TO the crown. A royal Government was
Instituted in 1854, over the Colony of Georgia,
which was bounded in the same manner the
tract granted to the corporation above described.
This tract embraced all the northern part Of the
present States of Georgia. Alabama, and Mis-
sissippi, and extended westward to the South
Seas, as the Pacific Ocean then called.
BY the peace of 1903, it was agreed between
England and Spain, that the Mississippi should
be the western boundary ofthe British Colonies
The same year a proclamation was issued by
George the Third, which, among other things,
annexed TO the Colony Of Georgia, what is now
the southern part Of the States Of Georgia, Ala
bama, and Mississippi.
The same proclamation contains the follow
ing passage;
"That it is our royal viii and pleasure, for
the present, as aforesaid, to reserve under our
:. w>t.otto, and dotninion fnr tho