Martinsburg gazette and public advertiser. [volume] (Martinsburg, Va. [W. Va.]) 1826-1833, 1830-09-23
From Poulson's american Dailg .sareytser.
DIR. WRIT TO GOV. GILMER.
BALTIMoRE, June 4th. 1890.

oNhS ANb
SRA just respect for The State of Geor-
ga, and a desire to avoid a misconstruction
which might be attended with evil conse-
quences, seems 10 me to call for a commu-
~nicatIon which, under other circumstances.
might well be deemed ~otficious and intrusive.
The excitement with regard 10 the lndi-
ans within yeur borders is already so high,
", IN this state offeeling measures osthe most
innocent character are SO easily fsisapore-
hended and converted into causes of offence.
that | persuade myself your Excellency will
at least approve the motive of this letter as a
measure OF peace.
The Cherokee nation have consulted me,
professionally, as to their rights under their
various treaties with the United States. A
a1eng ether questions they have asked me
whether, unGer The federal constitution, laws
and treaties, the State Of Georgia has the
right to extend her laws compulsively, into
their n~atien; and whether this question can
or cannot be carried for decision to the Su-
prcme Court of the United States. ! am a.
ware OF the serious import Of these questions,
and regret exceedingly that they have arisen.
| foresec distinctly the disastrous conscquen
ces which may be made 10 Aow from giving
the controversy this direction: and vet if il
be met aadcondlcted with proper temper, as
! trust 1t viii, it's quite apparent that it may
prove the means Of peace and reconciliation
| have not sought This consultation. Ii has
been cast upon me ia the common and regu-
lar practice of my professions; and according
to my understanding Of my professional du-
ties, | am not at liberty to refuse either my
advice or services to any oae who comes 10
consult me on his legal rights, and who has
nothing more in view than the assertion Of
those rights according to the course Of the
laws of the land.
1t is my misfortune to differ with the con-
Situated authorities Of the State OF Georgia,
on the question OF her power to extend her
laws into the Cherokee nation: and the late
debates in Congress win have satisfied your
Excellency that in this opinion | am not sin
gular but that hold itin common with many
of the most distinguished lawyers on our con
tinent-We may be wrong: and, as iHfafI-
bility is not the lot Of mertals, those who held
the opposite opinion may possibly be wrong.
Fortunately there exists q tribunal before
which this difference Of opinion may he qui-
city and peaceably settled, and TO this tribu-
nal | think it may be regularly referred. |
perceived that in the debates 10 which | have
alluded a mistaken humanity has been suppo-
.sed to warp the judgment on one side Of this
question, and interest on the other In the
Supreme court OF the United States, we shall
find a tribunal as impartial aud as enlighten-
ed as can be expected on this earth; or if
partially can be supposed to find its way in
to that high tribunal, on any occasion, il IS
not on such a one as this, that the Cherokee
nation have a right 10 cxpectit IN their iaror.
10 Diem the courts Of the United States are
foreign courts, while they are the domestic
'.giLu.4.S of ti,e States al the Union.
have told ihese people that am williagto
assis, them in bringing their rights for final
decision before The Supreme Court of the u
'nited States ON the condition that they con
duet themselves peaceably towards the peo-
pie of Georgia. and Of the L. States, and
that they make the question purely a qnes-
ton Of law for our cudrts: but that | will a
bandon them and their cause on the first ag-
erosion BIZ violence on the white people "a
round item which shall he authofisedaby
their nation. II is but Justice TO add that in
those OF the nation who have been with me-,
and who compose tie delegation that have
been at Washington through the winter, |
have not discovered the slightest disposition
to violence They are civilized and well in
formed meu-they wear Our dress-speak
our Ia yuage corfet tly-and in their man
'ners ind ale al tAe nildness and muck of
the cul 1re and courtesy OF cur own best cir
clos. They assure ne that their people at
home have abandoned the habits OF savage
! e and ssbsist by agriculture aud the other
usual peaceful pursuits Of civilized societies