Constitutional Whig. [volume] (Richmond, Va.) 1824-1832, 1830-08-20

"Brothers-We are determined that our conduct
shall be marked with opennass and sincerity. we
therefore frankly tell you that think those Com
missiones put construction that part
of our Treaty with the King. As he had not purcha-
sed the country of you, he could not give it away
He only relinqushed the u States his claim to it.
That claim founded right acquired by treaty
with other white Nations, to exclude them from pur-
chasing settling in any part of your country and
it is this right which the King granted to the U.
States
''Brothers-We now concede this great point.
We, by the express authority of the President of the
United States acknowledge the property or right of
soil of the great country above described to be in
the Indian Nations long they choose to oe-
cupy the same. We only clam particular tracts
in it. as before mentioned and the general right gran
ted by the King above stated" X
These papers are to be found in the manuscript
volumes of the Senate They were communicated
to that body by General Washington The origin
ais ais were doubtless in the War Department when
of April, to the Cherokee delegation. In an ud
dress of Mr. Jefferson to the Cherokees durlng
his Administration. he says
VI sincerely Wish you may succeed in your laud-
aoe endeavors 20 save the remnant of your Nation
by adopting industrious occupations, and Gov
eminent OF regular law In this you may always
rely on tho counsel and assistance of the United
States."
These, sir, are 'the lights that flow from the mind
that founded and the mind that reformed sys
tenn, speaking of which, has said to his coun
try. that dffdence, perhaps Just in his own
qualifications, would teach him to look with rever
ence 10 the examples of public virtue left BY his il
lusirous predecessors.
Mr. Jeferson's opinion to Gen. Knox in 1891,
speaks language That cannot be misunderstood He
there says, Government should firmly maInt ain this
grounds that the Indians have right to the occupu-
tons of their lands, independent of the States within
whose chartered lines they happen to be; that until
they cede them by treaty other transactions equiv
elent to treaty, OF State can give right to
ha
tuition, the ancient Confederation had anv State
Or PERSONS right to treat with the Indians without
The consent of the General Government" What is
tie weT, sir, which the CheIo kees and Creeks have
received to all this: The modern records of the De
Partnlenf of War and the papers on our table will
show US very envlabe cont that lust and hu-
name policy. which the Administration OF w sslng-
ton so!enlnly pledged to follow in our intercourse
With these unfortunate people. If any hing can
olnd government we have not preeXt for denying
The qualified sovereignty of the Indians We have
dealt with them by Commissioners appointed under
all the forms of the Constitution We have assert ed
our compacts to be defn:ive treaties with them as
Nations. We have ratified them like other treaties
They promulgated in the statute book as the law
OF the land We have not only recognized them as
possessed Ut attributes of soveregny but ia some of
these treaties have defined what these attributes
are we have taken their lands as cessions-terms
totally scnseless If they citizens or individuals
we nave Stipulated for the right of passage throu gh
their country and for the Of their harbors-or the
of prsoners-or the surrender of gitiyes
nom Justice, servants end slaves. We have limit ed
our oVn crlnina jurisdiction and our own sovereign
w. and have DISTINGUISHED our citizens by subecting
them o OTTER punshmeDts than our own. With the
Cherokees you have IN treaty stpua ed the man
ner of proceeding for INJURIES by formal declaration
OF 'slities befor" war. hese of the most
prominent ana remarkable Of your acts. You eau
moi open chapter Of Vatta, or any writer on the
law Of Nataups, which does define your duties
and explain yonr obligations 30 municipal code
reaches Them Hthese acts Of the Federal Govern
ment do not show them to be sovereign to some ez-
tens, you cannon show that you have ever acknow-
lodged any Nation to be The condition of these
indlan Natios is not treated of by Authors of public
law 10 Europe because such condition of things ex
isis there You may find some anelogIes in former
tunes, but they will turn out to be against
you Ii you look to the moral Law, you can find
DO escape there. l might ask, where was your au
thority to make the compact with Georgia? Phe
lands To be acquired were not to be of the domain of
the General Government. What is the bill now be
fore us? who are the nations" with whom we
have "eSilsting treaiies?" Who are to receive new
guarantees from the United States if after this thee
Will accept another from us3 Who are those that
the President is to exercise 'superintendance over
Are they cItlzensf The trainers of this bill have not
been able 10 make It's provisions nteligible without
admitting much which they deny in sustaiBng it.
The guaranty nov proposed Is much disrne1nber-
ment OF the sovereignty of the United States as for
ner ones We're CT Georgia The only difference is
that the President alone is to act in this mot; or
WINE your treaties were made by the States in the
'"Hd' "1sie tue sovereignty or Georgia was repre-
sehted 1t there Ia any thing thus part Of the ar
gumen against the Cherokees, gentlemen are bound
to project the sovereignty of the United States, by
voting against this Bill. The President informs us
that they are to have Governments of their own
choice located on our domain
fhere Is nothing alarming to own security or
oar PRIDE IN admitting this sovereignty the Indian
nations we took carr in the first instance To OBJ
hln all necessary limitations OF 1t. They confessed
themselves TO be under protecton-that their
lands should be sold to only, that we should regu
late their trade and we stipulated for various other
restriction on their part Greal foresight and WIS
ooin 10 TINS respect was shown by those who first ad
mitted them their present condition The treaties
Viii show how carefully this matter was guarded
and we have suffered no Inconvenience from It OF
"hich reasonable men should complain We have
made them subordinate to all essential points bv
express treaties Our intercourse la yys nre founded
on the system we have adopted, and though their
constuionality has been questioned too, It is not
probable that Mr. Jofferson approved any law that
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