The Massachusetts spy, and Worcester County advertiser. [volume] ([Worcester, Mass.]) 1825-1831, 1829-11-18
WHOLE NO. 1856.
From the National Entelligsncer.
PRESENT CRISIS IN THE CONDITION
OF THE AMERICAN INDIANS.


! NO. XVI.
At the close of the Revolutionary war, great
controversies arose, in regard to the disposal
which should be made of the unappropriated
lands lying within the limits of the United
States, as defined by the treaty of 1888: Some
OF the States contended that the vast tracts ly-
ing to the west and northwest of the portion
| inhabited by whites, should be made common
! fund, and held for the common benefit as the
whole had been secured by the common priva-
lions and sacrifices. Other States were deter
mined to retain all the territory which fell with
IN the limits described in their original charters.
1t is not my intention to enter at all into dis
Pute which was put at rest as practical mat
Ter, by various conventional arran gements, made
between particular States and the United States,
! from 1851 to 1909. My object in adverting to
the subject here, is, that the reader may be
aware of the existence of such controversy.
Virginia set an example of public spirit, by re-
lnquIshlng to the United States the vast tract
northwest of the river Ohio and it was con-
tended that Georgia ought to relnqush all the
lands on her western waters. These renqush-
ments, actual or contemplated, were not con.
sldered as affecting, or likely to affect the In
dian title Every cession was subject to this
title. In other words, every party was consid-
cred as bound to deal justly with the indians,
and to recognize their territorial rights.
On the suppostion that Georgia had, at the
conclusion of the American war, an unquestion-
able right, on every ground of law and honor, to
all the land within the limits of the Kings char
ter, subject only to the Indian title it would re-
main to inquire, how far her jurisdiction could
be fairly and properly extended over the Indians,
or their country. TO me it gems perfectly
clear, that Georgia could have claimed no jR-
rlSdictlOn at all over the Creeks or Cherokees,
or over their territory They were, respective
ly, separate people, living under their own
laws, upon their own soil. No argument, but
that of force, could have been adduced, in favor
OF taking away their possessions and, if they
had been able to defend themselves, no argu-
ment would ever have been thought Of Could
the Cherokees now bring into the field formi-
dable array of bayonets, all these arguments
about the hunter state weuld be suffered to re-
pose in quiet, with other lumber of the schools.
The more savage the Indians were, the less in
cllned the People of Georgia would be to have
quarrel with them and the more readily would
all their territorial and national rights be ac-
knowedged.
The claims of Georgia, which are sc: forth as
being supported by the law of nations, and the
King $ charter, have been examined; and, UNI
less am mistaken, have been shown to be alto
gether groundless, when compared with the
strong title of immemorai possession. But
there is no need of resting the case here, how
ever safe it would be here to rest it.
| therefore proceed to show, that Georgia
has, during her whole history, till within very
few years. admitted the national character and
dRd @ me gs o Of he Tsh Esd 6u1! ass
performed by her in the very capacity of which
she is most proud and jealous, (that of sove-
reign and independent State,) for ever to admit
and respect the rights of the Cherokees unless
these rights shall hereafter be voluntarily sur.
rendered.
In the year 1888, James Oglethorpe com.
menced settlement on the site, where Savan-
nah now stands. In his first letter to the cor
poration, whose agent he was, dated February
10Th, he says " A little Indian nation, the only
one within fifty miles, is not only in anlty, but
DESTROYS to be sub ects to his Majesty King
George, to have lands given them among us,
and to breed their children at our schools So
Their chief, and his beloved man, who is the
second man in the nation, desire to be instructed
III the Christian religion 1t appears from Me-
Calls History of Georgia, ION which shall re-
ly as authority for several succeeding state
ments,) that this little tribe of Indians, which
is now extinct; must have received a splendid
account of the power and benevoience OF the
British King. How much they understood of
what was Implied in becoming his subjects, cam
not be known. They were doubtless informed,
that the settlers were intending to live in
compact manner, and to have schools and
preachingj and that the Indians would act
wisely, ifthey would be friends to the English,
and live in the same manner. They might nat
u1ally, therefore, have been pleased with the
notion of taking farms for cultivation, side by
side, with the new settlers. This must have
been the meaning of their having lands given
them among the settlers, for the old English
doctrine of Seizing IN fee, and of the fee being
IN the KING, was too metaphysical an idea to
have found Judgment in their unsophisticated
heads. Indeed, it is quite ridiculous to embar-
rass this question with the abstract terms, and
nice distinctions, which had their origin in the
feudal tenures of Europe. The whole phioso-
ply, and the whole morality of the Indian title,
as opposed to the Entertainments of the Euro.
pean settlers, might be thus expressed by the
Indians "Thess lands are ours We had
them from our fathers. They are not yours.
Neither you, nor your fathers, nor your King,
ever had them. When we consent to your
taking them, they will be yours. Till then,
they belong to u.s.
If the little tribe of Indians, who had the
possession of the lands at the mouth of Savan-
nah river, consented to the settlement Of Ogle.
thorpe and if their consent was obtained fairly
and honorably, (Which | am not inclined to
question: then the founder of the State of Geor-
gia had rightfu. possession. The awfulness
of his possession, as against the Indians, was
founded altogether upon their consent while,
in regard to the whites of South Carolina, he
might justly plead the Kings charter.
But as this tribe was uncomfortable" says
the historian, "Oglethorpe judged it expedient
to have the other tribes also to join toith them
in the treaty" Sc it seems, that Oglethorpe
supposed the Indians to be capable of making a
treaty. as all his predecessors have done, from
the discovery of America to that day, and as all
his successors continued to do, till this same
Georgia controversy has, within two years past,
led to the discovery, that Indians ore incapable
cfbeing treated 10Th 1t is morally certain, that
the colony of Oglethorpe wsud have been Of
short duration, If he had told the Indians, that
he, acting under the King of Great Britain, was
the owner Of all the lands from Savannah TO the