Herald of the times. [volume] (Newport, R.I.) 1830-1846, 1830-09-22
INTERESTING
CORRESPONDENCE
MIR. WRIT, TO GOV. Gil MER.
Baltimore, June ith, 1880.

struction which might be attended with
evil consequences, seem to ne to call for
communication which, under other cir
cumstanccs, might well be- deemed oili-
cious and instructive. The excitement
with regard to the Indians within your
borders il already so high, and, in this
state of feeling, measures of the most in
noccnt character are so easily misapprc-
hcndcd and converted into causes Of Of
fence, that | persuade myself your Ey-
cclency will at least approve the motive
of this letter as Il measure ofpeacc.
The Cherokee nation have consulted
me, professionally, as to their rights un-
der their various treaties with the United
States. Among other questions, they
have asked me whether, under the icdc-
raj constitution, laws, and treaties, the
state of Georgia has the right to extend
her laws, compulsivcly, into their nation;
and whether this question can or cannot
be carried for decision to the Supreme
Court of the United States. am fully
aware Of the serious import oithcSc qucs-
tons, and regret exceedingly that they
have arisen lorcsce distinctly the dis
astrous consequences which may be made
to flow from giving the controversy this
direction; and yet if it be met and con-
Quoted with proper temper, as trust it
will, it is quite as apparent that it may
prove the means of peace and rcconclla-
tion. have not sought this consultation.
II has been cast upon me in the common
and regular practice of my profession;
and according to my understanding of
my professional duties, am not at liberty
to refuse either my advice or services to
any one who comes to consult me on his
legal rights, and who has nothing more
in view than the assertion of those rights
according to the course ofthc laws OF the
land.
Ii is my misfortune to differ with the
constituted authorities of the State of
Georgia, on the question of her power to
extend her laws into the Cherokee nation; L;
and the late debates in congress will have
satisfied your Fxcellcncy that in this opin-
ion | am not singular, but that | hold it
in common with many of the most dstin-
guishcd lawyers on our continent. We
may be wrong: and as iniallibility is not
the lot of mortals, those who hold the OPP
positc opinion may possibly be wrong.
Fortunately there exists tribunal before,
which this difference of opinion may be
quietly and pcaccably settled, and to this
tribunal think it may be regularly re-
fcrrcd. perceive that in the debates to
which have alluded mistaken humani-
ty has been supposed to warp the judg-
mcnt on one side ofthis question, and intc
rest on the other. In the Supreme Court of
the u. States, we shall find tribunal as
impartial and as enlightened as can be
expected on this earth: or if partiaity can
be supposed to find its way into that high
tribunal, on any occasion, il is not on such
one as this, that the Cherokee nation
have right to expect it in their favor.
To them the courts of the United States
are foreign courts, while they are the do
mestic tribunals of the States Union.
! have told these people that am will
ing to assist them in bringing their tights
to final decision before the Supreme
Court of the United States on the condi-
ton that they conduct themselves pcacca-
bly, towards the people of Georgia, and
of the u. States, and that they make the
question purely a question of the law for
our courts; but that will abandon them
and their cause on the first aggression by
violence on the white people around them
which shall be authorised by their nation.
Il is but Justice to add that in those of the
nation who have been with me, and who
compose the delegation that have been at
Washington through the winter, ] have
not discovered the slightest disposition to
violence. They are civilized and well
informed mcn--lhcy wear our dress
speak our language corrcctly-and in
their manners Indicate all the mildncss
and much of the culture and courtesy of
our own best circles. They assure me
that their people at home have abandoned
the habits of savage life, and subsist by
agriculture and the other usual and pcac-
able pursuits of civilized societies. They
profess, aud believe, with entire SINGER
ity, TO be willing to make the questions
ol their rights under their treaties, qucs-
tons OF pure laws, for the decision of our
own courts, aud as perceive 10y the re-
ported debate IN Congress that measure
Of this sort has been anticipated, aud that
one of your enlightened Senators in that
body expressed a strong, and without
doubt, sincere conviction that the dcci-
sion Of the Judiciary would. il it should
ever be asked, be in favor of the right of
the State to lcgislotc over the Cherokee
nation. cannot but indulge the hope
that in proposing to bring this question
before the Supreme Court, ] shall have
advised measure rather pleasing than
otherwise in the Sinic of GrnInin