Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1830-09-10

sipy the policy Of the President were Sustained bv
Congress To prevent this result IL became
highly probable that the Indian bill would pass the
Cherokess were persuaded that the right of sefg gov
ernment could be secured them by the power of the
supreme Court In defiance OF the Legislation of the
General and State governments. IL was no, known
however until the receipt OF your letter. that the spirit
OF resistance TO the laws OF the State and views of the
United States, which have of late been evident among
tho tod aus had In manner been occasoued by your
advice Altho' insrs ection among the Indian people
Of Georgia may be the consequences of yous proceed
ngs and those who act in unison with you the cons
tutsd authorities OF the State di,cam all right to inter
fere with you in any long you keep your.
sell beyond the jurisdiction Of the State.
You have thought proper to give the governor OF
Georgia an account OF the civizhi ion OF the Chero-
kees, describing those whom You have known In he
polished gentlemen and those whom you do not know
10 have ceased to he savage. What you say of tn.
intelligence OF the members of the Cherokee tribe
who were in Warrington City last winter, is partly
True, and equally descriptive of many others. They
are not Indians however, but the children Of white
meR, whose corrupt habits vile passions led them in
70 connection with the Cherokee tribe 1t not sur
prising that the white men and the children of white
men have avaisd themselves of the easy means Of
acquiring wealth which the Cherokee territory has
presented ioc thirty or forty years; that ineli.
gence and spirited activity should increase with thsr
increased wealth; nor that when w sah. intelligence
and Industry confined to the whites and the
children OF white men, that the power the tribe
should become conferred in the same hands. But tina,
these causes were calculated to produce similar Of
tscs upon the Indians, the real abort yines is dis
proved by every example among the thousands which
the experience of the two last centuries has furnh
cd In every part of this continent. The Cherokees
have lost all that was valuable in their Indian char
acter, have become spr,e.s dependent aud dspraved
q, the whites aud their children have become wealthy,
ineliigsn and powerful. So long as the Cherokees
retained their primitive habits, disposition shown
by the States under the protection of whose Govern
ment they resided. TO make them subject their
Such policy would have been cruel because il would
have inerfered with their habits of life the en,oy-
ments peculiar TO Indian people, and the kind of
ment which accorded with those habits anL Ell iovmsnts
Al was the power OF the whites and their children
mong the Cherokees that DESTROY ed the ancient laws
custsm' and authority Of the tribe, and subjected the
natives to the rule Of that most oppressi OF Govern
m.n's, an O!gsrshy. There 10 nothing surprising in
this result From the character of the people aud tho
sausss operating upon them, il could DOT have been
s,herwise. II this of things that rendered il
obligatory upon the Safe OF Georgia, to vndcae her
right OF sovereignty by abolshng all Cherokee Gov
eminent within its limits. Whether intelligent or
Ignorant the sste Of Georgia has passed no laws yio-
Iavs OF The liberty personal security, private pro-
Perty OF any Indian. Ii has been the object of hu-
maniy and wisdom to separate the classes among
them. giving the right. of citizenship TO those who
are capable Of performing its duties and properly esti-
mating its privileges. and increasing the enioymsnt
and the probability OF future improvement to the gno-
rant and idle, by removing them situation where
the inducements TO action will be i'm accordance
with the character Of the Cherokee people.
Your suggestion that il would be convenient and
satisfactory IL yourself. the Indians. and the Govern
ment would make up Law to be submitted to the
Saprems Court for the deermin alton of the cues ion
whether the Legislature of Georgia has com au-
thority pass laws for tina Government of the pdian
residing within it, limits, however courteous the man.
ner, and conciaory the phraseclcgy, cannot hut be
oosdered exceedingly disrespecfu to the Government
oil the STATE No one know, bstter than yourself tina
the Governor would grossly violate his duty and
h' authority by complying with such sugg ,,tlon, an
mat both tbs letter and spirit OF the powers conferred
hs Constitution upol the Supreme Court TO- bid its adj
Judging such case.Your sstion Is but an evil
dence Of the state Of that which the
OF power, sxerting IN .nsevss ncre tha au
thcrty oil the Departments of the General Government
whilst the friends OF lhsr;y and she rights OF tia pro-
pie are In opposition endeavoring to sustain the
reigny OF the States 1t ia hoped that the efforts of
the General Government to execute its contract with
Georgia, to secure the continuance and advance the
happiness OF the Indian tribes and TO give quiet the
country. may be effeciuay successful as TO prevent
the necessity of any further intercourse upon this
jsct.
nv Yours, &c GEORGE R GILMER.
WILLIAM Writ, E.q
GEORGIA INDIANs.-The Cherokee Phmnix of I1,b
inst contains the opinion of Mr.. Writ of the law OF
Georgia extending her laws to the TERRITORY in tn
occupancy of the Cherokee Indians. This ouinion
which is prefaced with elaborate arguments is oniy
repetition of what has been said Congress by
Etrelioghuy,en, Everett, Sprague, and others. Mr.
Wrrs opinion Isl
81 That the Cherokees are a sovereign nation
ana that their having placed themselves under the pro-
lection OF the United States does not at all impair their
sovereignty and independence as a naton-(Here Mr.
writ quotes Vat ell in support of this opinon)
That the territory OF the Cherokees is not within
the jurisdiction Of the STATE of Georgia hut within the
sole and exclusive jurisd elton of the Cherokee Ma.
ton.
"3 That. consequently, the State of Georgia has no
81 That the law Of Georgia which has been pI.c I'D
before me, is unconstitutional and void, because il is
repugnsnt TO the treaties between the Uniei S ates
and tho Cherokee nation, 2 Because tits repugnant 20
law OF the United States passed in 1902 entitled can
act TO regulate trade and Intercourse with tie Indian
tribes, and 10 preserve peace the frontiers" 3. Be.
cause is repugnant TO the contributions nasmuch "a il
imPas the obligation of all the contracts arising Jude
the treaties with the Cherokeos; and affects moreover 10
regulate intercourse tcih Indian tribe, pow
er which belongs exclu,ively TO Congress-"
No doubt MIR. WHIT ha- been well paid for his trou
bIe and that IL probably all that he about the
controversy; and he cares, probably also little Tor
the Influence his opinion may have among tie PEG
pie OF the U. s. IL thew take The trouble TO read such
p'oductoi. As for Georgia, we can assure Mr.. Witt
few only of her citizens will feel anxious to read il
were millions of copies TO be scattered all over III
state. 1t will produce among us no sensanon- will
have no influence. Why shoHd it Who is Mr. Writ
man WHO stood high in the United States and
among the members of The repuclican party. A man
who bslisvd TO be his interest TO desert that partv
AMI io'n the uras and the coalition Of Adams CLAW
and Webster. man who has been obliged IN Quit Vr-
g'na, became his ergiversatons we're too agrant and
public, and because he perceived that he had lost hi.
popularity, and the respect Of the republicans of that
state. This is tie man who forward as the hr-
en- champion Of tho On rokees; who has tbs rrs,mp.
ton to believe tdat his opinion have some Influence
!e ihA United State! Wen let all that ;a.,: many
men who stool higher than Mr.. Writ, have fallen AZ
low
We subion the decitons Of the Cherokee council
win regard to the proposition mada TO them 10 send del
egatss to General Jackson al the Hermitage in Ten.
nnssee, whsrs hs now it, This decision on the part OF
the chiefs sss expected.
nj esrs