Phenix gazette. [volume] (Alexandria [D.C.]) 1825-1833, 1830-09-09
From Po,dsOns PHILADELPHIA .7nlerica,.
MR. WRIT AND THE GOVERNOR OF
GEORGIA
Nh. Uirt TO Governor Gi3mer.
BALTIMORE, June 4th, 19

mr.. nf 10 GOCefh0f Gamer.
BALTIMORE, June 4th, 1850.
SIR-A just respect for the state of Georgia,
and desire to avoid miscOntructlon which might
be attended with evil consequences, seems TO me
to call for communication which, under other
circumstances, might well be deemed offcious
aud intrusive. >. The excitement with regard to
the Indians within yoar borders is already SO high,
and, on this state of feeling measures of the most
innocent character are so easily Inexperienced
and converted into causes of offence. that per-
suade mysefyour Excelency will at least approve
the motive Of this letter as measure OF peace.
The Cherokee nation have consulted me, pro-
isssionalv as TO their rights under their various
treaties with the United States. Among other
questions they have asked me whether, under
the Federal Constitution, laws and treaties, the
State Of Georgia has the right to extend her laws,
cnmpulsiyely into their nation; and whether this
Question can o. cannot be carried for decision to
the Supreme Court of the United States: am
fully aware Of the serious import of these ques-
tious, and regret exceedingly that they have arts
en-. | foresce distinctly the disastrous conse-
ouences which may be made to flow from giving
the controversy this direction: and yet if il be
met and conducted with proper temper as | trust
1t will, ii is quite as apparent that 1t may prove
the means Of peace and reconciliation. have
not sought this consultation. 1t has been cast
upon me in the common aud regular practice Of
nv profession; & according 70 my understanding
OF NV professional duties, lam not at liberty to re-
fuse either INV advice or services tn 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 Of the laws
of the land.
II is my misfortune to differ with the constitu-
ted authorities of the State OF Georgia, on the
question other power to extend her laws into the
Cherokee nation: and the late debates IN Con-
sress will have satisfied your Excellency that in
this opinion am not singular, but that hold it
in common with many of the most distinguished
LAWYERS on our continent We may be wrong;
and, as infaIbiity is not the lot of mortals those
who hold the opposite opinion may possibly be
wrong. Fortunately there exists tribunal before
which this difference of opinion may be quietly
and peaceably settled, and TO this tribunal 1
think i, may be regularly referred. | perceive
that in the debates to which have alluded mis-
taken humanity has been supposed to warp the
Judgment on one side of this question. and inter-
est on the other. In the Supreme Court of the
United States. we shall find tribunal as Impair
tial and as enlightened as can he expected on this
earth; or if Partially can be supposed TO find its
way into that high tribunal on any occasion, it is
notion such one as this, that the Cherokee Nation
have right to expect 1t in their favor. TO then,
the courts of the Unitsd States foreig,. COURTS
while they are the domestic Tribunals OF the
States of the Union.
Ihave told these people that am willing to as
sist them in bringing their rights for final dee-
,ion before the Supreme Court of the United
States ON the condition that they conduct them
selves peaceably towards the people of Georgia,
and of the United States, and that they make
the question purely question Of law for our
courts: but that will abandon them and their
cause on the first aggression by violence OH the
white people around them which shall be author !
lied 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