Constitutional Whig. [volume] (Richmond, Va.) 1824-1832, 1830-09-10
JACKSON Representatives. 2sS
(Senators, Total 50
Clay majority 10
Clay majority,
MIR. WRIT TO GOV G1LnER

g. BALTIMoRE, June 9TH 1880
SRA Just respect for the State of Georgia nm,
,o.S, " 'o'u misconStructon which miuhr. he M
conucu With evl consequences seems tn mo To 90,
COMMUNICATION which, under other crcums,sn.
IT, sn i. wen De deemed oflcious and intrusive =
e SNcTenent with regard To the Inans within
your oorders is already so high and =, ms tic IS
eii.,iS measures ofthe most innocent cb,r,c,o- 90 -
| ihshpPrehehded and converted into causes OF
.iI"'e' that persua de myself your ESceIencv will
at Toast approve the motive of his letter nc n ,,n
of peace 'e''ei Us L measure
me Cherokee nation have consulted me. orofes-
sloDaiiy as to their rights under their vn rons ,ti
with the United ates, Amonr o. her ouos,; Nc ~
nave asked me- whether, under the federal const;, ~
e:o, laws and treaties the State of Georgia has the
!sl' 10 extend her laws compusively, into heir ma
tioh; ana whether this question can ar canuo, he
carried for decision to the Supreme Conr of the r;
Tea states. 1 am aware of the serious impor, If
.hesP questions, ond regret exceedingly that thew
nave arisen foresee distinctly the disas rous con
| sequences which may be male to flow from giving
'he oVersy this directions and vet if IL be met
Iuuu"cIeo with proper temper as trust it will
- - 4uite apparent that 1t may prove the means of
Pea'e ana reconciliation have not sought this con-
su'tation. 1t has been upon me in the common
ana regular practice OF my professions and according
70 my understanding ofmy professional duties, an
not u noerIy to refuse either advice or services IN
any one who comes consult me on his Ieual RIGHTS
ana who has nothing in view than he assertion
OF nose rights according 10 the of the la VS.
Of he land.
1t is my misfortune to differ with the constituted
authorities OF the State of Georgia the question of
her power To extend her lave into the Cherokee Da-
oh: ana the late debates IN congress Will have satisfied
your 1AceIency that IN this opinion am not snru-
ar but that hold it in common with many of ih.
most distinguished lawyers on cur coninent-yVe
may be wrong: and, inalIibiuy is not th,. lo of
mortals, those who hold the oppste opinon rpnv
possibly be wrong. Fortunately here exists trbu-
nal before which this difference OF opinion NAV be
quuely and peaceaply settled and to this tribunal
thhk IL may be regularly referred. perceived thai
IN the debates to which have alluded a mistaken I'm
mainly has been supposed to warp the Judgment on
one side of this question: and OH the other
IN the Supreme court, of the United States we shall
hnd a tribunal as impartial and as enlightened as
can pc expected on this eart If pariiaty can be
supposed to ind Its way into that high tribunal ON
any occasion, 1t is such one as this tina; the
cherokee nation have right to expect it in their ia
For 1oein the courts OF the United States are for
esh courts while they are the domestic tribunals of
! the States of the Union.
have told these people that am willing to assist
them IN bringing their rights for aai decision before
the Supreme Court of the Unijed States on the CON
dltlon that they conduct themselves pcaceaby to
wards the people of Georgia. and of the II
ana an 'hat tEey make the Question purely question
oil law Tor oul courts: but that will abandon them
and their cause the first aggression by violence
on the white people around them which sn ali be- an
thorised by their nation. 1t but Justice to add
That in those oftbe nation who have been WI n me
% who compose the delegation that have been al
w asiihgton through the winter, | have not dscov-
cred the slightest disposition to violence They ire
! civilized and well informed meu-they wear our
manners indicate all the mlldness and much Of tho
culture and courtesy of our own best circles They
assure me that their people have abandoned
the habits of savage life and subsIs by. aur,cnure
and the other usual and peaceful pursuits Of civzed
societies. They profess and | believe with en,ira
sincerity, to be wiling to make the Gass:oas o;thz
rights under their treaties, questions of pure law
Tor the decision OF our courts; and as perceive
by the reported debatc III Congress that a measurr
OF this sort has been anticipated, aud that one of
your enlightened Senators IN thnt body expressed
strong ana without doubt, sincere conviction that
he decision OF the judiciary would ii it should over
be asked be in favor Of the right of the Stale to
ieglsla'e over the Cherokee nation, canno, out in
auiSe tue nope That III proposing to .ring this cues
ton before the Supreme Cour, | shall have ADVISED
a measure rather pleasing than otherwise, to The
State Of Georgia
BE this it may, cannot reconcile it to nv own
sense OF Proprlety 10 have any agency this affair
WITHOUT apprising your Exceency frankly and res
pecttuly, of what IS intended. | desire to have it
distinctly understood, every hand, thar neither
these people nor their counsel any thing more
IN tins movement than open, pc ceable and res
pectful appeal to the opinion OF courts the
courts of the Union
Your FScelency will not understand ne as asking
or expecting that you will take tue trouble to- answer
this letter Fly object is single and sincerr if il
SIMPLY to avoid all aPpea uf couccalment an5
aiI noisaPPrehcnson or surprise the part 4 he
State OF Georgia by advising your Exceency fairly
and openly, OF the measure In contemplation and by
assuring you that there other purpose IN view
than quiet pea cable and respectful reference nr
The questions of law and right dispute between the
State Of Georgia and the Cherokee People, to the
highest Court of orr nation, the Supreme Court Of
The United States.
Your h%cciiency viii permit me TO you far
ther, that IN the future which may grow out
OF tins controversy so far they shall be under my
direction care will bc taken to give little trouble as
possible to tho constituted authorities of the State Of
Georgia, and that the discussion will be conducted
with all the respect for that State and its WIS which
may consist with the proper assertion of what con-
slider the rights of tbs unfor innate people
The decision may be expedited by making case
by Consent. if hat should suit the views of
the - ate OF Georgia II IS not asked however, but
suggest cd merely for your consideration with an az
suranoc that if should meet your APPRECIATION the
Chcrof"cs viii chceriully concur in the treasure
Fhe motives which have led me to trouble You with
this communication, make it equally proper think
that should submit copy Of 1t TO the President of
the United States and shall place anot or copy in
the hands ct the Cherokee delegations in order that
they may distinctly and remember the condnct
which expected from uaooe nd ,ie.