Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1829-06-09

that the land may not be stained with the blood of
my chi'dren again. i have instructed Col Cro-
well to speak the truth to you. and to assure you
that your Father, the President, will deal fairly
and justly with you; and whilst he feels Father's
love Tor you, that he advises your whole nation to
20 10 the place where he can protect and foster
you. Should any incline to remain and como un-
der The laws # Alabama, laud will DO laid OF for
them, and their families in fee.
MY children. listen. My white children in Al
ALBANIA, have extended their law over your coun-
try. IL you remain in it. you must be subject
to that law. IL you remove across the Mississip.
pi, you will be subject to your own laws, and the
care Of your Father, the President. You will be
treated with Kindness, and the lands will be yours
forever.
Friends and Brothers, listen. This is straight
ana good talk. IL is for your nations good, and
your Father requests you to hear his counsel.
Signed, ANDREW JACKSON.
March %, 1929
The Secretary Of War to the Cherokee Deiepa-
tioa.
(COPY)
DEPARTMENT. OF WAR, April IS. 1929.
To Messrs John Ross, Richard Taylor, Edtrard
Gunter and William s. Coody, Cherokee Del.
egation
Friends and Brothers-Your letter Of the 18th
OF February, addressed to the late Secretary Of
War, has been brought to the notice of this De-
partinent, since the communication made 10 you on
the llth inst; and having conversed freely and
fully with the President of the United States,
am directed by him to submit the following a. the
views which are entertained, in reference to the
subjects which you have submitted for considera.
ton
You state that /" the Legislature of Georgia, In
defiance OF the laws of the United States, aud the
most solemn treaties existing" have extended
jurisdiction over your nation, TO take effect in
Juno 1880: That "your nation had no voice 10
the formation OF the conf:deracy of the Union,
aud has ever been upshackled with the laws Of in
dvijual States, because independent of them;'
and that, consequently this act of Georgia is to be
viewed, " in no other light, than wanton usur-
patton OF power, guaranteed to no State, neither
by the common law of the land, nor by the laws Of
nature"
To all this, there is plain and obvious answer,
deducibe from the known history Of the country.
During the war Of the Revolution, your natien
was the friend and ally of Great Britain; power
which then claimed entire sovereignty, thin
the limits Of what constituted the thirtesn Unit
cd States. BY the Declaration of Independence,
and, subsequently, the treaty Of 1885, all the
rights OF sovereignty pertaining to Great Britain,
became vested respectively in the original States
OF this Union, including North Carolina and Geor-
gia, within whose territorial limits. as defined and
known, your nation was then situated. IT, rs is
the case, You have been permitted to abide on
your lands from that period to the present, enjoy
ing the right Of soil and privilege to hunt it is not
thence to be inferred that this was any more than
nation; nor is it circumstance whence, now to-
deny TO those States, the exercise of their original
sovereignty.
In the year 1875, three years after the Indepen,
dence of the States, which compose this Union,
had been acknowledged by Great Britain, a trea.
ty, at Hopeweil, was concluded with your nation
by the United States. The emphatic language it
contains cannot be mistaken, commencing as fol-
lows" The commissioners plenipotentiaries Of
the United States, in Congress assembled, give
peace TO all the Cherokees, and receive Thorn in
to favor and protection Of the United States Of A.
merica." IL proceeds then to aot and to define
your limits and your hunting grounds. You were
secured in the privilege of pursuing the game;
and from encroachments by the whites. No right,
however, save mere possessory one, is by the
provisions of the treaty Of Hopewell, conceded 10
your nation The soil, and the OF it, were sui
fered to remain with you, while the SOW ereignty
abided, precisely where it did before, in those
States, within whose limits you were situated.
Subsequent TO this, your people were at enmity
with the United States, and waged war upon
our frontier settlements; durable peace was not
entered into With you, until 1871. At that peri
cd good understanding obtained, hostiiities ceas-
ed, and by the treaty made and concluded, your
nation was placed under the protection of our CO.
vernmcnt, and a guarantee given, favorable TO the
occupancy and possession of your country. But
the United States, always mindful OF the authori-
ty oil the States, even when treating for what was
so much desired, peace with their red brothers.
forbore 10 offer guarantee adverse to the sove-
reignty OF Georgia. They could not do so they had
not the power.
At more recent perioI to witt in 1902, the
State OF Georgia, defining her own proper limits,
coded to the United States, all her western terri
tory upon condition which accep pied, " that
the United States shall at their own expense. ex.
tinguish for the use Of Georgia as early as the
same can be peaceably obtained on reasonable
ierms the Indian title, TO all the lands within the
State Of Georgia."-She did not ask the military
arm OF the Government 10 be employed, but in her
mildness and orbearance, only that the soil might
be yielded TO her, as il could peaceably be
obtained, and on reasonable terms. In relation 10
sovereignty nothing is said; limited at in the
compact nor was il necessary or even proper, as
both the parties TO the agreement well knew that
it was right which already existed in the State
in virtue OF the Declaration Of our Independence,
and Of the treaty of 1888 afterwards concluded.
These things have been made known to YOU
frankly, and after the most friendly manner; and
particularly at the making OF the treaty with YOUR
nation in 1917, when portion of your people stp.
ulated to remove 10 the west Of the Mississippi; G
yet il is alledged 10 your communication TO this
Department that you have sheen unshackled with
the laws Of individual States, because indepeud-
ent Of them"
The course you have pursued Of establishing
an independent, substantive government, within
the territorial limits of the State of Georgia, adj
verse TO her will and contrary to her consent has
been the Immediate cause, which has induced her,
TO depart from the forbearance, she has so long
practced; and in virtue of her authority as a soye-
reign, independent State. TO extend over your
country, her Legislative enactments which she.
and every State embraced in the confederacy, from
1893 to the present time, when their independence
was acknowledged and admitted, possessed the
power TO do, apart from any authority, or oppos.
ing interference by the General Government.
But suppose, and it is suggested, merely for the
N a ~ a Ter bpff ind