Constitutional Whig. [volume] (Richmond, Va.) 1824-1832, 1830-05-07

oniy not, 'iuunded in Justice ard humanity 'for pre-
venting wrongs being done to Tie Indians, but for
the avowed purpose OF ntlictrg the gross and wan
ton injustice OF breaking up their governmcnts-of
abrogatng their long cherished customs, and Of an
initiating their existence as n distinct pcoPle'
The Congress the u. States, in 1899, i'll act
TO regulate trade and intercourse with the Indian
trioes aud again, by similar act iii 1902 still III
force distinctly recognised every material stipulation
contained IN the numerous treaties with the Indians
In iact Sr these acts Of legislation passed en-
pressiy to eiiectuate oar treaty s,pulatons.
These statutes refer to "the boundaries, as esab-
hshed by treaties, between the u. States and the
various Indian tribes they next direct such Lines
to be cleurlv ascertaincd, aud distinctly narked-
prohibit any citizen of the u States rom crossing
these lines. tob hunt settle, and authnrses the EN-
lPioymen OF the pubic and nititary force OF the gov
ernenl to prevent intrusion and to eXpel trespass-
ers upon Indian lands The twelfth section oil this
Important law most wisely guards the great object
OF Indian title from all public and private imposition.
by enacting "that purchase, grant, lease or other
conveyance OF lands, any title or claim thereto,
from any indian nation, tribe Of Indians, ,Citt
IN the b"undS IF the IT, States, shall be of any valdi-
y IN law or equity, unless the be made by treaty
or concenson entered into pursuant 10 tie Co,Sttu-
ton"
trust, Sir that this brief exposition of our policy,
IN relation to Indian affairs, establishes, beyond all
controversy, he obligation of the u. States to pro
ect these tribes, i'll the exercise and enjoyment of
Their civil and political rights Sir, the question has
ceased to be -What are duties2 An enquiry
much more embarrassing is forced upon How
piotence break owrfuith? Sir. we repel the enquiry
we reject such and point the guardians
of public honor 10 the broad plain faith Of faithful
performance, and 10 whchthey are equally urred by
duty and by interest.
Here might properly rest--as the United States
are the only party that the indians bound to re-
gard But If further proofs be wanting to convince
us OF the understandable pretensons of rorgia in
late violent legislation they hand cogent clear
and overwhelming. This State. sir. WAS not only
party to ali these conventions with the general gov
re ties Will thief
and Cherokees for herself when u colony, and after
she became State These form part OF her title
and are bound up with her public laws On the 1st
OF June, A. ID. l773 she negotiated treaty with these
Indian nations by the joint agency the Governor of
inc colony and toe Superintendent of Indian Affairs;
IN which boundaries are established, and cessens of
land agreed upon. Again, the S1st Nav A. ID.
1885, after her Independence State another trea.
ty was concluded between the Governor of Georgia
and hve OF her most distinguished citizens duly aD-
pointed by the Legislature of the the one part
and the chiefs, head-men and warriors of the hordes
or tribes OF the Cherokee indians, behalf of THE
SAID NATION, on the other part. And in the first
tce OF this convention the distinct, independent eXis-
tence OF the CherOkees is acknow lodged: For it pro-
vides " That all differences between the said parties
heretofore subssting shall and be forroten''
Is 1T not utterly filacious contend in the face of
this treaty, that the Cherokees are under the iursc-
ton OF State that finds necessary negotiate for
peace with them, by all the forms of regular treaty?
But more than thisby the last article of this treaty.
the Cherokees agree to cede, grant release and quit
claim TO Georgia, all the lands up to certain bounda.
ny line defined in the said document: and until since
the extraordinary ustirpaton of this State, extend
ing her laws this nation, these treaty lines were
respected and never disputed
In the year 1777, the States of Georgia and S,u.b
Carolina met the Creek and Che ee nations at be
wits Corner, for the ayowed purpose of making
treaty of peace with them. Sir if the greatest poten
tate OF Europe had been party, the prsminares
could not have been more formal or solemn First,
are produced what denominated "the Georriu
tui powers delegated to her commissioners TO meet
the lnd'an Congress-, to be held Dewitt's Corner
;. next appear 'the South Carolina full powers'' for
the like PurPose-and lastly, the Creek and Chero
kee "fuii power" These powers are opened and ex
planned at this Congress- and treaty is agreed unoo
the plenpote establishing peace and the future
| boundaries between their respective territories
In many OF the treaties made by the United States
with the Cherokees and Creeks large sections f Ind
were rei'nquished tot which by our compact with
the state OF Georgla, we received for her use. She
never questioned at those times, right to treat fnr
those lands the Indians right of granting them. bt
gladly avaed herself of such rich accessons to he,
domains and proceeded very promptly distr butte
them amongst her citizens. Now it is fndaue,t.I
maxim IN all codes of law which acknowledge the oh
legations of equity and good conscience that it, nar.v
IS silent when these old fashioned rules of uprg hit
ing require nm 10 speak, he shall forever thereafter
hold his peace The application of this sound and
wholesome rule will instantly strike the moral appre
| tensions of every member of the Senate.
! am indebted to the State of Georgia for q clear
and very satisfactory exposition of the nature of m
dian treaties, and the obligations that arise from
them: II is an authority for positions, which have
had the honor to maintain, of the oreater ,ye;nh ~
it proceeds from the highest fncfionary Of her Go;
rernment In February s25, the Creeks by trea
ty made with the United States ceded Ii their lands
to us within the geographical limits OF Georgia. for
the use of that State. BY article in the treaty.. it
was provided that The United States should protect
the Indians against the encroachments hostilites
and inpositlons OF the whites &c. &c until fl,e re
noval OF the Indians should have been ACCOMPLISHED
according to the terms of the treaty. TIE Govern
or of Georgia, the 22d day Of March of the snfne
year, Issued his proclamation, ''Governor and
Commander IN Chief of the Army and Navy of the
said State, and of the Militia thereof" in which
after stating the conclusion of the treaty already
mentioned, and the article in it for the projection 81
the creeks, the Governor proceeds: 81 have there
fore thought proper to issue this nv Procjona,;nn
warning all persons, citizens of Georgia, or others
against hespassing or intruding upon lands oc-
eeupied 10y the Indians within the limits of this
state either Ter the purpose of settlement or other
wise, as every such will be in oi,ec, q;ol,io RI
.he provisions Of he ireaty aforesaid and will expose