The Massachusetts spy, and Worcester County advertiser. [volume] ([Worcester, Mass.]) 1825-1831, 1830-12-08


arose, they avaled themselves of professional aid.
Mr.. Writ, long and advantageously known to the
American public as an eminent jurst and a pow
erful advocate, was engaged BY them to defend
their caUse and to take proper measures for bring
ing it before the Supreme Court OF the U. States.
The announcement of this advance in the con-
troyersy was received with token of high grati6-
cation. The sad countenances of the Cherokees
we're universally lighted up. All friends of the
Indians, and all who love to see Justice adminis-
tered with equal hand to the weak and the
strong, partook of the JOY. To the Supreme Court
the Constitution has assigned the duty of deciding
questions, which arise in regard TO the meaning
and effect of treaties, and in regard to the consti-
nationality, well the meaning and effect, Of
laws enacted by Congress and by the Legislatures
of the several States. If the Indian question can
be fairly brought before the tribunal, and deliber-
atey argued and a0judicaed there, the public will
undoubtedly be satisfied with the decision. If,
however, there should be unavoidable delay in OBJ
tanning the Judgment of the Court, so that the
Cherokees cannot avail themselves of that
legal protection, to which they believe themselves
entitled, and which has been solemnly guaranteed
to them by the sovereign authority of the nation,
1T will be matter of deep sorrow and regret to them,
and may prove fatal to their cause.
Soon after Mr.. Writ was employed as counsel
for the Cherokees, he prepared for their and
guidance written opinion, embracing all the ma
'terial points of difference between them and the
State Of Georgia In this opinion, which was
tanned by unanswerable argument, the following
positions are established, viz
/. That the Cherokees are a sovereign nation.
2. That the territory of the Cherokees is not
within the jurisdiction of the State of Georgia but
within the sole and exclusive Jurisdiction of the
Cherokee nation.
5. That, consequently, the State of Georgia, has
no right to extend her laws that territory.
CheFoEesss to the jurisdiction Of that State, is un
constitutional and void.
>. That improvements, for which individuals
among the Cherokees have received a compensa-
ton from the United Statss. in consideration of
their emigratng to the country on the Arkansas
do not pass to the United States; much less does
the soil, on which these improvements are found
pass TO the United States for the use Of Georgia
but these improvements and the soil belong to the
Cherokee nation. And
8. That the President of the United States has
no constitutional power to fix the boundary between
the Cherokee nation and the State of Georgia.
In these positions, many of the most disting ush-
cd lawyers in the United States have fully and de-
iiberstely concurred. Indeed it may be doubted
whether lawyer of any reputation can be found
who will seriously undertake to controvert them.
do not learn that any answer has been attempted
Ii any confidence can be given to the opinion of
MIR Writ, thus expressed and published in the view
of the whole civilized world an opinion, which
as Dir. Writ very well knew, must inevitably either
elevate or depress his character, as 4 profess
sional adviser, and man Of intelligence and in
tegrity; opinion, formed under circumstances
of peculiar responsibility 10 his clients, whose
dearest interests are involved in the issue; if any
confidence is due to the opinions of many other
eminent lursts in our land-men of experience and
sagacity, neither seeking nor holding public Office,
not entangled with political parties. but looking at
the subject only as connected with the permanent
interests OF the country; If any credit can be yield
ed to the solemn asseverations of some of the
ablest and most respected members of both houses
of Congress; or to reasoniags, which have been
pronounced unanswerable by men of great intelli-
gsnce in Europe and America; to the declara-
tons of disp3ssionate and patriotic citizens.
of whom regard the matter in the single light of
common sense and common honesty if these
things, any of them, worthy Of considera-
ton, the people of the United States are soon to
decide most extraordinary question. 1t is-ShaN
our nation rioIats lis faih? The question is no
less than this. Il cannot be made less. No soph-
istry can disguise it. No art can conceal it. No
party clamors can drown the voice of reason and
conscience, which necessarily cries, Betoare Of
National Perjury.
The question, then, for our young and Boosting
republic to settle, is, shall we deliberately make
u? minds to forswear ourselves Shall we
calmly, and coolly, and after many months for con-
sideration and reAection proclaim the world, N
the face Of Heaven, that deem very lightly of
our faith and that break treaties by scores
and by hundreds, without pang, and without
blush Shall zoe, the People of the United States,
who formed al our constitutions Of Government;
who do not forget that we govern ourselves; and
VINO expect our ana not the Will OF lew pflV-
iiiged men to De obeycd; shall loe perpetrate an
act, which combines all the baseness and guilt of
the meanest fraud, the most barefaced falsehood,
and the most deliberate perjury? Shall we pepe-
srate such act, while, in all intercourse with
foreign Nations, talking Of justice, and hon
or aad integrity and are demanding in hightone
of morality, Unconscious ofrectitude that all our
rights should be admitted, and all claims
should be regarded unquestonabe Shall we
perpetrate such an act, BY encroachng upon the
RIGHTS If the vveak and defpucpnsc marelv
they are weak and are strong Shall we do his
with reference to the descendants OF men, who lis
tened TO the persuasons and entreaties of our faith
ers who consented to a peace at the earnest So
licitation of Washington and other worthless and
heroes of the Revolution who received from
Washington, as Chief Magistrate of the newly
formed Union, the very first pledges ofthe pure and
uncontaminated faith of the rising Republic and
who accepted our solemn guaranty, as the great
equivalent for large and rich domains, which they
rellnquished to our expanding population After
expressing, for forty years, our determination to
abide by these very engagements; after repeating
and reafHrming these engagements by the mouths.
and under the seals of all the venerable and honor
ed men whom we had selected most worthy to
hold the highest offices in the State shall we sud-
denly have the hardihood, the audacity, the impu-
dence to absove ourselves from all the obligations
which rest with such accumulated weight upon us
tVas the Of probity and honor ever transform
ed, all at once, into knaye, swindler case
hardened villain, taking pains TO hide his viii
lanyi Was it ever heard of, that chaste matron
became all at once regardless OF common decency
The Romans had maxim, Memo repente fit ttupis-
simn And shall we, in this early age of our
growing Nation, after exhibiting to the world most
illustrious examples ofpubc virtue, suddenly cast
away as worn out garment, all regard to onr Ra-
tional character, all respect for the opinions Of
mankind, all respect for ourselves, all considera-
ton Of permanent interests and all fear of God,
the Avenger Of the oppressed
is it possible that the People OF the United States
should hesitate on this question? No; they would
not, if they that this the question distinct
ly proposed to them, that they must it; and
must be held responsible to the world for the
swer. The danger is not, that a majority of the
ing Of the case; but that apathy will prevail; and
the question will be decided the wrong way by in