Herald of the times. [volume] (Newport, R.I.) 1830-1846, 1830-09-22


Georgia had determined TO unite with
that portion Of their tribe who had re-
moved to the west of the Mississippi, if
the policy of the President were sustain
ed by Congress. To prevent this result
as soon as it became highly probable
that the Indian bill would pass, the
Chcrokees were persuaded that the right
of self government could be secured to
them by the power of the Supreme Court
in defiance Of the Legislation of the Cen
cral and State Governments. 1t was
not known however until the receipt of
your letter that the spirit of resistance to
the laws Of the State and views of the
United States which have of late been
evident among the Indians had in any
manner been occasioncd by your advice
although insurrcction among the Indian
people Of Georgia may be the conse-
quence ofyour proceedings and those who
act in unison with you, the constituted
authorities of the State disclaim all right
to interfere with you in any manner so
long as you keep yourself beyond the
jurisdiction of thcStatc.
You have thought proper to give the
Governor of Georgia an account of the
civilization of the Chcrokccs, describing
those you have known to be polished gen
tlcmcn, and those whom you do not
know, to have ceased TO be savage.
What you say of the intelligence Of the
members ofthc Cherokee tribe who were
in Washington City last winter, Is partly
true, and equally descriptive of many
others. They are not Indians, however,
but the children of white men, whose
corrupt habits or vile passions led them
into connection with the Cherokee tribe.
Ii is not surprising that white men and
the children of white men have ayailcd
themselves Of the easy means of acquir-
ing wealth which the Cherokee terrific
tory has presented for thirty or forty
years; nor that intelligence and spirited
activity should increase their wealth; nor
that when wealth intelligence and indus
try were confined to the whites and the
children of white men, that the power
over the tribe, should become centercd
in the same hands. But that these caus-
es were calculated to produce similar
effects upon the Indians, the real abori-
gincs, is disprovcd by every example a
mong the thousand which the experience
of the two last centuries has furnished in
every part of this continent. The Cher
okces have lost all that was valuable in
their Indian character, have become
spritlcss, dependent and dcpravcd; as
the whites and their children have be-
come wealthy, intelligent and powerful.
SO long as the Chcrokccs retained their
primitive habits no disposition was shown
by the States under the protection of
whose Government they resided, to make
them subject to their laws. Such policy
would have been cruel because it
would have intcricrcd with the habits
and enjoyment peculiar to Indian people
and the kind of government which ac-
corded with those habits and cnjoymcnts.
1t was the power of the whites and their
children among the Chcrokccs that de-
stroycd the ancient laws, customs and
authority of the tribe, and subjected the
natives to the rule of that most oppressive
of governments, Oligarchy. There is
nothing surprising in this result. From
the character OF the people and the caus-
cs operating upon them, it could not have
been otherwise. il was this state OF
things that rendered it obligatory upon
the state of Georgia to yindIca'c her
rights of sovereignty, by abolIshlnS all
Cherokee government within It's limits
Whether intelligent or ignorant, the
state of Georgia has passed no laws vio-
lativc of the liberty, personal security, or
private property of any Indian. IL has
been the object of humanity and wisdom
to separate the two classes among them,
giving the rights of citizenship to those
who arc capable of performing It's duties
and properly estimating its privileges,
and increasing the enjoyment, and the
probability of future improvement to the
ignorant and idle, by removing them to
Il situation where the inducements OF ac-
ton will be more in accordance with the
character of the Cherokee people.
Your suggestion that il would be con-
vcnicnt and satisfactory, if yourself, the
Indians, and the governor, would make
up a law case To be submitted To the Su-
prcmc Court for the determination of the
question whether the Legislature Of
Georgia has competent authority to pass
laws for the government OF the Indians
residing within its limits, however courtc-
ous the manner, and conciiatory the
phrascology, cannot but be considered
exceedingly disrcspcctIul to the Govern
mcnt of the State. No one knows bet
ter than yourself that the Governor would
grossly violate his duty and exceed his
authority by complying with such sug-
gestion, and that both the letter and spir-
it Of the powers conferred by the Consti-
tut,nn unnn tho Snnr,nc Enurt Inrh,d its