Daily Richmond Whig. [volume] (Richmond, Va.) 1828-1831, 1830-09-08
Mr.. WRIT TO GOV GILMER.

tosded with evil consequences. secrs';o me TO call
| Tor communication which, under other crcumstan-
Cos. might well be deemed oficious aud intrusive.
The excitement with regard 10 c'Indiss within
Your borders Is already high, and; in this state OF
Telling measures oIthc innocent character are
casiy misapprchended aud converted into causes of
tncnce, that persuade myself your ENceency Will
ii iess approve the motive Of his letter rs measure
4 Of peace.
The Cherokee nation have consulted re, profess
sionaly their rights under their various treaties
with the United ates, Among other questions they
have asked me whether, under the federal consttu
ton laws and treaties, the State of Georgia has the
right to extend her laws, complusvely into their
ton; and whether this question can cannot DO
carried for decision to the Supreme Cont oi the Uni
ted States. | am aware OF the serious import Of
these questions, ord regret exceedingly that they
have arisen forcs.c distinctly the disastrous con
sequences which may be made to flow from giving
the controversy this direction: and yet if 1t be met
and conducted with proper temper, trust it WILL
~ quite apparent that it may prove tho means Of
peace and reconcilla ton. have not sought Tins
sutation 1t has been cast upon mo IN the common
and regular practice ofny profession; and according
TO my understanding oimy professional duties, am
not al liberty to refuse either my advice to
any who TO consult me on his legal rights
and who has nothing IN view than the assertion
OF those rights according 10 the cource OF the laws
Of the land
II is my misfortune to diarr n.ith the constituted
authorities OF the State uf Georgia, the question OF
her power 70 extend her lava into the Cherokee IA
non: ana the late debates IN congress VIII have satstcd
your EXcelency that in this Opiulon I'M not siugu
lar bat that hold it in eopl,non with many CT the
most distinguished lawyers on our contineut.-We
may be wrong: and, Infailb!lIv IS not the lot of
riortals, those who hold the oppse opinion may
possibly be wrong. Fortunately there exists tr.bu-
nal before which this difference OF opinion may be
quitely and pcaceaply settled, and to this tripuaal
think ii may be regularly referred. perceived that
IN the debates to which have alluded mistaken hu
mainly has been supposed to warp he Judgment on
one side of this question, and interes, the Other
IN the Supreme court, of The United 5 stes. We shall
find tribunal as lmparCIa md enlightened a.
can pc expected this earth; If parrIanty can be
supposed TO find It's way INTO thai hlgn tribunal on
any occasion, Itis not such this, that the
Cherokee nation have argh to expect 1t in their IA
vor. 7oRem the courts oi the United States are for
eign courts, while they the domestic tribunals OF
the States OF tho Union.
| have told these people that ! am Wiling TO assist
them IN bringing their rights Tor fnaI decision befora
the Supreme Court of the Unleu STATES on the con-
dition that they cond ct themselves peGceaoy to
wards the people of Georgia and OF the IT, States
and that tAey make the question purely n question
of law for courts but inst Will abandon them
and their cause on the frs aggression by violence
on the white people around them which shall b. au
thorised by their nation 1t Is but justice to add
that in those Ofthc nation who have Ucsn with me
s. who compose the delegation that have been al
Washington through the winter, have not dIscov-
cred the slightest disposition 20 violence They arc
civilized and well informed ue:--thsy wear our
dress spca; cur toa-u2-a corrccty-and IN thor
manners Indicate all the milduess and much o, the
culture and courtesy OF our best circles. They
assure that their peopic at home have abandoned
the habits of savage life and su0sist by agriculture
and the other usual and peaceful pursuits OF civilized
societies. They profess, and believe, with en- ire
sincerity, to be wiling to u1dks me questions then
rights under their ueatlcs- questions Of pure law
Tor ,h 1cnorted dSbat IN Congress
) ~ this sort has been anticipated and mat one Of
your enlightened Senators IN that oocy expressed
the decision OF the Judiciary would ii should OYER
be asked, be IN favor Of the right Of tho Stale TO
lcgisiae over the Cherokee nation, cannot bat IN.
tu lnpt la homo Int n-C1
ton before the Supreme Court, shall hSvo oAv,so1
a measure rather pleasing than Otherwise, TO the
State Of Georgia.
BE this as 1t may, cannot reconcile it TO nv or,
sense Of proprety TO have any agency IN this aA,r
without apprlsing your EXcelency. frankly and rcs
rccttnly, OF what ls Intended. | desire TO have il
distinctly understood, on every hand, that nci,hor
these people nor Their counsel any thing more
III this movement. than open, pc ccab.e and res
Pecttu appeal TO the opinion OF own courts, tho
courts Of thp Union
our Eyccency will not understand me ne 5sl;iro
or expecting that you will take the trouble to answer
this letter Ny object Ia single and sincere: il !,
SIMPLY 10 avoid ell appearance of conccalment and
an misrepresentation or surprise on the part of the
ooe Of georgia, by advising your Hxcellency f1irv
and openly, OF tho measure contemplation and h.
assuring you that there is other purpose m yirty
thon quiet, pea cable and respectful reference of
The questions OF law and right in dapute her ,
stale of Georgia and the Cherokee peopln n ~.
highest Court OF our nation, the Supreme Conr of
tho United Suites. ''' u
'"uf 'ActIeDcy WI permit NC 10 assure Won far
thcr that IN tho future which NAV 6rov o,
OF this controversy so far they shall be under NV
hraction, care will be aiken give little trouble az
possible to the constituted authorizes Of the Sto,e r
Georgin, and that the discussion will be condnc,ai
with all the respect for that State and its Jaws which
may consist with the proper assertion of what con-
sider the rights of this unfortunate people
Vhe decision may be expedited by MAKING ca,o
by consent If that should suit tho y,os,s s.
the State of Georgia. IL is not asked bnnoya to- ~
suggested merely for your consideration o,,Ii 49, .I'
fGtahce ihSt u II should meet your appreciation Tho
Cnn,oKecs VIII chcerFuily concur in the rc,,uro
fhs motives which have led inc TO trorta yc,, r;,
.hi> Gominun'cation make it equally prupcr fan.
That should submit copy Of it TO- the Pra,,dnn"
sno Ohiea otates; and shall place another COW ~
me hands OF tho Cherokee delegation il, ord = ~
they may distinctly sec and Remember tho co,Ja.,
Wh'cn IS expected from their people and yyhot sIo
they have right In expect form nc. 3''"'
J have The honor TO remain, Sir most ros,oc,c ,r
ia TIt ssi' e on WEN. WRIT
Gorernor ef Ge,rgia
GOV. QILMER tn Mn ,,,,,--