Daily Richmond Whig. [volume] (Richmond, Va.) 1828-1831, 1830-05-08
SPEECH OF Mn. FREYLINGHUYSEN
IN SENATE OF THE u sTATEs-Apar1. q.
(coNcLUDEp.)

by fundamental Inhibition IN the consti uiioD
OF their governm mt, prevented from extending their
lows over he Indians. When Georgia, in 1902,
granted to the United States the territory hat
poses the greater part of these two States she made
II express condition o. the cesson, that the States
To be formed of should conform TO all the articles
of 1.-THE ordinance for the government of the terrific
ry northwest OF the Ohio" excepting single ar
tico prohibiting involuntary serviude. When these
States applied TO the general Government to be for
med into Territories, this eventul condition of the
Georgia ccsson was remembered by ali parties.
Mississippi and Alabama the most deliberate man
agreed TO the condition, and assumed the articles
Of the ordinance as an integral part of their political
con. tian. When they afterwards proposed us to
lie received into the federal Union acts of Congress
were duly passed authorizing them respectively to
farm constitution and State government Tor the peo-
pie witbin their territories, with this provso-"hat
the same formed shall be republican, and not
iepugnant to the principles of the ordinance OF the
18th July. a. u. 1897 for the territory northwest
vf the Ohio; and they were afterwards upon duly
Certifying to Congress that they had CONFIRMED 10
those principles and eng ted them INTO their const
tutlon. admitted INTO the republic The third article
of this ordinance have already read and consider
ed and viii only add, that human wisdom and skill
could have devised more efIectua safeguard for
the Indian tribes than are now ncor porated the
laws and constitution Ufthe of Mississippi 0nd
Alabama. Ii would have been veil in these States
10 have reviewed their own origin; to have examined
tie 10! their power before t..cy, rashly, and
In disregard of principles that essential to their
political existence, usurped dominion over Il coinn-
nifty "f men perfectly independent Of them as they
are Of Mexico. And shall we, sir, quietly submit to
the breach nf conditions that rendered the in
dspensahe terms of their admission: that were fairly
p!op1uudcd and freely ana fully accepted? Whv
sir it app 'ars to me that tho iulilment OF solemn
tracts, the god faith Of public treaes. the fun
damcntal provisions of State constitutions are 20 be
reg .rded matters Of very trlfng Obligation when
they all to b. broken through to reach feeble
and uno6; .ndpg ally With a man of truth and no
ne ty such nigh considerations address us would
suPers dc the occasion Tor argument: and how can
We cvade III, In without deep dshonor?
have complained of The legisla,lan of Georgia /
wall now refer the Senate To the law of that Stale
passed on the 10Th ID ccpber, A ID 1929 that the
complaint mHy be justified. The title of the law
would suffice for such purpose wi'hou, looking further
into lis sections. After stating lis object of adding
the Territory in the occupancy Of the Cherokee ra-
tom Of Indians TO the adjacent counties of Georgia
another distinct Office OF this oppressive edic of ar
btrary power Is avewed to be, ito dnnul all hcs and
ordinances made 6y he Cherokee nation Of Indians
Aud, sir. the act does annul them efRectually For
the seventh section enacts THAT after the first day
Of June next, al laws, ordinances, orders and repu
stions, n any Kind iOhateoer made passed. or cnac
ted by the Cherokee Indians, either in general Coun-
CT, or III any other way DhIterer or by any authority
checer. of said tribe, be, and the same are hereby
declared Ia be null, and void and Of no eff; CT as ii
the same h'td neuer eristed " SIR. here we fipd
whole people outlawed--laws, customs, rules Goy-
eminent, all, by short clause ubroratcd and de-
c!Ored 10 be void if ey never had been. History
furnishes example OF such handed
--'hc dsmembermcnt and partition OF Poland was
deed of humane Legislation, cOmpa red with this. The
succeeding clauses loss of!ensive-thev pto
vide hat m anJ person shall prevent by threats me-
naces. or other means eadcauour 20 prevent any
Ind of said nation, from emigrating or enrollin1
as an emigrant, he shall be liable 10 Indictment and
confinement In the common goal, at hard labor in
the PenI!entiary no; exceeding fur years the dis
cTGtIOh OF the Court, and If any person shall deter,
offer TO deter any Indian. head man. chief or vor
Iior of said nation, from selling or ceding to the Uni
ted States for he use IF Georgia. the whole or any
part of said territory or prevent offer to prevent
any such persons from meeting in council or I,enfy
any commissioner commissioners on the part of the
United States for my purpose DhGterer she sha b.
guilty # q high TIisdemeGnor, and liable on conyic-
ton, 10 confinement at hard labor in ha Penitenterv
FIR not less than Du' nor longer than six years al
the discretion ofthe Court" 1t is a crime in Geor
gia for a man to prevent the sale of his countrv-a
crime to warn chief head man that the gents of
the Uni ed States instructed ito move upon him
IN The line of his prejudices that they are coming In
bnbe hun TO meet IN treaty with the commissioner
by the way, sir, II seems these treaties are pery sw
ful, when made for the use IF Georgia.
II Is not surprising that agents advertised the
War Department, that if the General Government
refused TO interfere, and the Indians were left to tho
laws Of the States they would soon EXCHANGE their
lands and remove. To compel by harsh and cruel
penalties, such exchange, the broad purpose of this
act OF Georgia, and nothing is waning to FL up the
picture or dlsgracetu system, but permit the hill
before US to pass, without amendment or proyiso
Then it will all fair on our statue books Il
legisates for none but those who nun choose 10 re-
moVe-whle we know that grinding, hea ri -brea king
eIactIons are set in operation elsewhere to drive
them to such choice. BY the modification have
submitted beg for the Indian the poor privilege of
a free exercise of his own will Bot tho law of
Georgia Is not yet satisfied The last section de
clarcs "that no Indian descendant of any Indian
residing within the Creek or Cherokee nations oS
Indians shall be deemed competent 1bitness in snv
Court Of this State to which tOhife person Bav be
party except such white person resides within the
SAID nation" II did not suffice to rob these peonle
81 the last vesige Of their own political RIGHTS and
hbeTtes--tbe work not complete, until tbov
were shut out OF the protection Of Georpia laws
FOR, SIR after the first day Of June next gang az
iawlcss white men may break into the Cherokee
country, plumber their inhabitants murder the moth
eF with the children, and all in sight Of the wretched
husband and fathcr-ond no law of Georgia will
reach the atrociy II is vain to tell u.s. Sir that muir
DER may be traced by clrcumstanriul probabilities
ne charge against this State is-you have by
force aud violence stripped those people of the pro,cc
ton OF 1elt government, and refuse to cast over