Constitutional Whig. [volume] (Richmond, Va.) 1824-1832, 1830-07-30

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The Cherokees remained infexibls and the prescvs
rance of Georgia placed the administration in sit-
rutton in which 1t vas more probable that they might
soon be called on TO preserve the faith of The country
plighted to- the Cherokees in 1.-The solemn pledge ri-
Evenltothat nation, underthe administration Of Ge-
neral Washington. for the integrity of their country
IN this condition of things, Georgia put forth her
sttnaatun, and passed her resolutions of the 9th
sDeccmber, 1897. In these she declared her rip hit
to extend her authority the whole Indian coun-
tryi TO coerce obedience to it, and openly asserted
that she could rightuly rke possession OF the Cher
okee lands at her own will and pleasure. During
the last year she has followed up these claims and
annexed their country the adjacent counties, She
has eyeRded her laws over the Cherokees and co,-
Psd with them peculiar code, framed for that pnr-
pose and applicable to the Indians only Of the on
GRAFTON and charac Of these laws shall sav some
thing before / sit down. ~ 80, = q
There has been some complaint on tho mart of
georgia that from the commencement of her collis-
ION on this subject with the former administration
she mas been much misunderstood and often greatly
misrepresented 1t is fair and candid therefore that
on ibis occasion and in this House, the principles on
winch she has relied TO support her measures should
be stated by herself that she should be hea I'd in her
own worde aud that if che fails to be convinced the
doctrines on which she has rested her preten,ions
may be no longer mistaken, her principles misre-
presented shall not trus, myself to state them
rom recollection, and must ask he committee TO in
drlge ule IN reading extracts from proceed
ipgs OF her legislature in 1897 A loirt committee
OF that body, To whom the Governors message rea-
ting to the acquisition of the Georgia lands at pre-
sent IN the occupancy of the Cherokee Indians, and
the absolute and Jur'sdctonal right of the State to
the same had been referred reported that they had
given that subject the most mature and deliberate
consideration accompanied the report with an ella bo-
rate exposition of the principles on which they foun-
dcd certain resolutions submitted with it, The
whole argument is finally recopi'alaed, with COM
prehensiveness and clcarness which relieves me fro
reading the whole report.
"Before Georgia. says this report "became par
~ to the articles of Agreement and Cesscu of 1902
she could righifuliy have possessed herself of those
lands, either by negotiation with the Indians or by
force; and She had determined to do so. but hv this
contract she made it the duty of the United Stutcs
10 sustain the expense of obtaining for her the pos
session; provided 1t could be done upon reasonable,
terms and by negotiation But in case it sbould be-
come necessary t. resort force this contract with
the United States makes no provisions; the cense-
querca Is that Georgia is left untrammecd at full
eeriy to prosecute her rights in that point of view
according to her own discretion, and as tho.eh no
Contract had been made Yonr committee there
tore, arrive ut this conclusions that anterior to the
revolutionary war, the lands in question belonged 10
Great Britain; tn 1T the right of sovereigny both as
10 dominion and empire, complete and perfect in
her; that the possession of the Indians was per,nis
siVe that they were tenants at will: and that
such tenancy might have been determined at auv
uoFaen either by negotiation or force at he plea
sure oil threat Britain; that upon the termination of
tho revolutionary war and by the treaty of ueace
georgia assumed all the rights and powers in rela-
ton TO the lands and Indians question: which there
belonged TO Great Britain; that since that time
she has not Invested herself Of any right or mower
IN relation to tie lands in question further than
she has III relation TO all he balance of her territory:
and that she Is now At full liberty, a1a has the DOW
er ana right 10 possess herself By any means she
may choose to employ. of the lands in dispute and
to extend over them her authority and laws Az
though Your commit &c believe that the absolute title
Ito the lands in controversy IN Georgia. and that
she may rghtfuy possess herself of them when and
NJ hat r,no otcr a.
commend an exercise of that right till all other means
fali We are aware that tic Cherokee Indians talk
extravagantly of their devotion TO the land of their
fathers, and of their attachment their homes and
that they have gone very far towards conviDcing the
general government, that negotiation with them with
the view of procuring Their reli punishment of title O
the Georgia lands will be hopeless; vet we do conf
denty believe that they have been induced TO asssme
TINS lofty bearing, by the protect and encourage
Inent which has been afforded them by the United
states, and that they viii speak totally different
language, TIE general government zciH change its
policy towards them, and apprSc then, of the Mature
and ertent of the Georgia title to ueir lands, ana
what vii! be the probable consequence of their re-
naming refractory
"Your committee would recommend that one other
and the last appeal, be made to the general govern
nent with Wow TO open negotiation with The Che
rokee Indians upon the subject that the United Ststss
DO instruct their commissioners to submit this report
TO the said lndans that if such negotiation is OMEN
ed or is and proves TO be unsuccessful that then
the next Legislature Is recommended 10 take into
consideration The proprety OF using the most eectu-
al measures for taxing possession Of and eriending our
authority and fawS the whole of the lands in con
troversy. Your committee, in the true spirit of bc
ray, and for the purpose alone of avoiding any diff
Guilty or misunderstanding, with either the general
government or tue Cherokee Indians, would recon-
mend TO the people of Georgia, to accept any treaty
thai may be made between the u. States and those
Indians, securing to this State SO much of the lands
In question as may remain after making reserves for
term ofyears for life forever, in fee SIMPLE to the
use OF particular Indians, not to exceed the aggre
gate, one sixth part Of the whole territory But If all
this will not do; if the Uued States will not redeem
her pledged bonor and if the Indians continue to turn
deaf ear to the voice of and friendship; we
now soiemnly warn them Of the consequences The
lands m question belong to Georga-she must and
she w'H have them Influenced by the foregoing
considerations your committee beg leave to offer the
following resolutions:
Resolved. That the United States, in falling to
procure the lands in controversy as early as the same
could be done upon peaceable and reasonable terms
IN nal nuh Nm ufo1 tad Io,.