Constitutional Whig. [volume] (Richmond, Va.) 1824-1832, 1832-03-09
,y'ERe Richmond w laag.
6sPNesas IISS.
HOUSE OF REPRESENTATIVES,.
MONDAY, March 5.


York:
To The Senate and House Of Representatives. Of tn.
United States Of America IN Congress a'sem
bed:
The memorial of the undersigned iuhabtant.
OF the city of New York, respectfully repre-
That in 79i, and shortly after the organza-
ton of the Federal Government, treaty was
concluded between III, United Suites, and the
Cherokee nation, by which the United States, IL
the 9TH article of that treaty, agreed to $50
lemny guaranty to the Cher kec nation al
their lands not thereby coded to the United
States That by the 9th article Of treaty
ma de between the same parties at TclIico, IN
1898, the United States agreed 40 continue the
guaranty of the remainder of their country for
ever That these treaties were socmnly
sanctioned by the Senate of the United S, otcs
and by George Washington and John Adams
and that their supulotions have not been alter
ed by consent nor impaired by The conduct o
the Cherokee tribes; that laws were duly pass
ed by Congress to carry INTO effect those stipu-
lations, by one of which, dated March so, 1902.
and approved by Thos. Jefferson, all person. are
prohibited from making any intrusion upon, or
surveying he Indian lands occurred by treaty,
under penalty of $1,000. and threc months i'm
prIsnnmeni, and the President Of The United
States is empowered TO enforce the observance
Of the provisions of that act. Your memorial
lists further represent, that the stpuntlons OF
those treaties have been Faithfully observed, and
the provisions Of The act Of 1892 have been
strictly enforced upto The year 1922 but, thai,
eince that tire, persons acllrg by rtue of Ger
tnin protcnsions of ihe Sac OF Georgia, first
advanced within few years. have intrudcG
upon the territory thus guaroutied to the Che
rUkoe nation, draLged individuals belonging To
that tribe To prison, and III various ways have
violated thor rights in defiance of the laws and
treaties Of the United States. Your memorial
lists further show, that, in equal disregard OF the
obligations OF the Union, und the rights of the
Indians, by laws recently passed by the L~giS-
lature of tnnt Safe, The Cherokee territory has
been formally annex ID 10 i"r adlact nj counties.
and provision has been made to survcY { ell
lands, and divide them among tie citizens OF
that State by means of land lottery.
Your Memogialis,s further show, that two
American ClizGns who have settled III the Che
rokec country, with the sanction of the Federal
Government, and with view Of promoting its
former humane policy If civil ENG the asori-
gineS, have been arrested while pcacenbly rcsid.
ing within that territory, and condemned to al
infamous punishment, which they are now I'M
dergoing in Georgia prison, for no other of
fence Than refusal 10 take an oath If allcgI.
ancc to that State, as separate member of the
Coniedcracy.
Your memorasts further represent, that no
steps have been taken by The Government Of the
United Sites TO prevent these manifest viola
TONS of its |; VS. and lis treaties, or to comply
with lis soler n guaranty: they would, there.
fore, as citizens oil the United States, and deep
ly interested in the character of their commor
country, for human ty and good faith, respectful
iy but earnestly cntr,a your honorable bodies tc
adopt such measures IN the case referred TO. as
shall enforce the observance of the laws of the
union, preserve invola:e the faith of treaties so
ieinnly executed, VIndlcae the constitutional au.
thor,ty of the Federal Government, and secure
our national character from lasting shame and
reProach.
The memorial being read, Mr.. ADAMS NOV.
cd that it be referred to Select COMMITTEE.
MIR. SPElGllT moved that it be referred &c
the Committee on Indian Affairs.
Mr.. BELL, Chairman of the Committee or
Indian Affairs, observed that petitions on the
subjects referred to in this memorial had beer
heretofore referred generally to Committee o
the Whole on the state OF the Unioi; and i
might perhaps be proper to give this the sam,
direction. Tie gentleman from MasSac husetts
IN presenting the memorial, had expressed M
definite object which lie had in view IN moyIno
for Select COMMITTEES; nor could Mr.. B. per.
ceive any useful end likely to be accomplished by
such reference. tie could, indeed, Imagine q
reason WHY The gentleman wished ST lect Com
mlttcc, and that an Imagination that the
Standing Comm ttCe 10 whom these eubcc;s an
propra;cly belonged was hostile to the object
winch the pctiiIon' rs seemed to have in view -
But he wcHtd appeal TO the House to say, whc-
constituted. sufficient reason for the appoint
ment of a Select Committee? The various Stand
ing Committees of that House were presumed &c
be so constituted as fairy TO represent the va
Tlous interests OF the country. Nor could Inc
forget that when this subject had on former
occasion been formally acted upon, the GROUND
tn taken vas, that all such memorials should
60 10 the Committee on Indian Affairs. 1t was
then maintained that a : andng Committee
ought to have charge of them; ani during the
present session, so much cf the Prctidcnt's NJ &c.
age as referred TO the SUBJECT Of manufactures
I'd all l5c m"morinls on that subject rad been
referred to the > andi1g Comm tee; AID NJ
j.. well remembered some Of tn, argument,
brought f''rwnrd 10y the scntomon from Massa.
c5usc.ts at that time III favor Of such re cr-
Erc".
In r.fJo"ce 20 another 'uhjcct, the gentleman
had supported the same doctrine when so much
"i a." Presidents message AS related 10 the sub.
let OF finance aud OF the taraF was referred t.
tho Committee 1t WAYS and Menus Ayain
wien the memorial IN favor Of rcchartc.inr the
Be- Of the United Sa'es had come into tn,
House, he well remembered that he gentleman
from South Carolina, (Ir MCDUFFiE.J had Ia.
kcJ similar ground IN which he was sustained
by tic scnlnnrn from Massachusetts, amorp
9th r. lie thercf re could not see how the
gentleman could unw advocate Select Com.
m"tcc without coaradIc'InG principles before
advanced by msoIf and bis lrcuJs Fer thee
reason, AIr. b. vas Of opinion, tina, II the memo
u j now brought ID mus' axe direction which
had respect TO future Iegi,letor, he COMMITTEE
q Indian Affairs was thn only appropualc com.
Indteo to winch It ought 10 DC sen, and i've
thcr"frc moved IS reference To that committee
Sir. ADAMS said hat the House would dr..
pose of tho m moral in such a manner as u
Should think g.; i,r himself he coald hardly So
w. u cour-o would be- lbc most prorct Pee
ss"poIIy he Should prefer trat II Should 20 10 the