Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1831-10-04

The Opinion OF Judg CLAYTON IN the case If IN.
Stale Va Cduatto, Cherokee indian, committed n,
JAN IN G"nne I county upoa charge of digging
gold contrary 10 the laws OF g orsia we are prev.nt
ed rom PhbisNing Ibis week, by rea,ou of ,s prea,
length, and the necessity would be under ofex.
eiuuinE o'h'r matter already prepared 10 make room
for H. 10 ara iiy the ana ely Of .he public we had
oe'o'e po'uslng 'he de con, intended 10 hav, given
'}nop's OF he argum nj by which he JudFe has a,
rived at the conclusion, Thai ,he Cha,ok-e In,i1a
nave 'he rith, no" 10 dig gold, had, and ever
WIN have until their pssessory title 10 exiting uisheJ
oyJoTce or purchase. We iorbedr The att.mpt f,ou
tie dihsuy always attendant upon such l,hor -,
s'o from sense OF the care and time requisite 10 pre-
cent fair outiius. r
From hss'y ptrusal, II appears 10 us that JuJg,
Clayton, e6 oro usqne ad Ridia has sustained two
oil me ground upon which The Cherokees dissharse
moved, w: o.
That there no law making he ,1.nss .,,,,;,.,
lhai II shere wts II was contrary 10 existing tre,-
ed States. ~ INV
The Judge thus ooosuds. hi, opinior:-The eI.
gart Hs'oin DR. Ramsey has said ha, suuiy, r,a I'M.
ice IL univtr al interest Tbs uo,t eolargo k.nni
ns' oi QUO petp", by 10 msausc INSIST. in The de grada
hSn or oesrueicn OF anothe'; II would be more .loi
Gus TO eivize tribe of ,avAees ihaa TO expel or
'e'miaae score Instead Of invading ,n.ir right
P'omo'e 'h.ir happiness ard give them reason to
curse the folly OF Their fathers, who suffered yours 10
se' DOWN upon so | which Tho soumon pare nj of o.,
bon d'd previonsiy assigned - Ihen" Ia this sron,
sentiment 0f jusiEe all good zen eur and Am, MAJ,
,uadcd, IL Is ono which Georgia, sandsred as she has
bsen viii rot feel horsslf au,bo d to d obsy Bu,
20 coosgu weak and defeneeess race to the ,eourg.
VI d'e'y ny DAY ,aau Tie gloom oil dung by mig
lar from their country and their friends. for no other
stime ,han that OF takiog sold from their own land
and 'he land oil their ia here, is not only depariur.
from this HEAVIER directed prineipl, but incur The
condemnation OF all civil ID Daiou, il do not prov y.
The curse OF a mush higher tribunal"
Our Cour'p .nden' writes from Gwinne,t Count az
follows: There were a number OF parsons from ID.
Cherokee county, Missionaries Ind, n, and o,b.r,
present when Judge Clay ons op mon wa. p-onouoeed
The Judge remarked ihs, 1t wa, extremely ds,ira,Is
tina, nothing should be done on The part Of tie
KEGS TO subjeat them 10 arrest by ihs State
till The Legislature, Hbish would shorty conyeu,
eoud bave an opportunity OF revi rg iheir ao law Cd
'he sutJrct oil digging god. That lie violations mig h
suhJesi them at future day TO puBishms nt bv .nc
ee'or to him. ia the evect that he should not be sus-
'sined. H. however conceived it 10 DO his duty 10
submit his decision to the rarns. and serious consider,
alton OF the people Of The State"
On hearing Judge Clayton's deci.ion, the Governor
addressed the following letter the States gent in tho
cherokee country.
EXECUTIVE DEPARTMENTS
Milledgeville, 10th Sept, 1891
SIR have just learned that the Judge of the West
eIn Circuit has decided that the law for the protection
OF the mines in the territory occupied by the Cberokee
IS void and has discharged Indian from confinement
who had been arrested by the Guard for lis violation
AZ the effect OF this decision will be create the opin
ion among the Indians that they are now licensed In
plumber the state Of this valuable property have thought
ltProPer TO give you express instructions defend it,
mat you may be justified in pursuing that course.
have no doubt hut that the Legislature has the su-
ihority TO take possession OF the mines and the cons
nondl right to pass laws TO protect them from respass
I
rected 10 lake possession Of the mines and cause all
persons 10 be arrested who may attempt 10 violate tina,
possession The special object of your appointment and
The organization OF the Guard under your command was
TO enable the Governor to obey these require YOU
are not officer connected with the Judiciary Depart
ment but the agent whom The Legislature has authors,
ed tie Executive to employ TO perform public SER
vice, which was imposed by law upon that Department
You will, therefore, arrest every person who NAV he
found attempting TO take away any gold from the mines
you "l give general information in the Cherokee coun
wy ol TIE determination of the Executive Department
enforce e laws so TO prevent II possible the ne
cessiiy OF making any arrests
The peaceful acquisition Of Indian territory and
me PreserVdhon oil the rights Of the State may depend
essentially upon your prudence and hrmness i'm execu
ing the duty which has been assigned vow
Very respectfully. yours &c
(Sgned) GEO r. GIIMER
COL JodH W. H. Sanford.