Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1832-04-06

feeling ,xanifested by me, when spoke before In
the year, think il 1871, two men travel |
ling through the Cherokee nation from Georgia TO
Tennessee, for the great thorougliare from the
South TO the West, passes through tina: county,
They had guns, and passing by the house Of white
man, who resided in the nation, were assaicd 10y u
dog who flew out upon them, perhaps with consi-
dprable violence. One of them immediatcly turn
cd aud shot him. His owner came to the door of
his cabin, aud asked why they had thus treated
him? a reply was made, connected with an oath,
that If he did not mind his business, they would
treat him they did the dog. This, of course, led
10 quarrel, aud the accordingly shot deed
in his own door, ond in the bosom of his family Of
course such an outrageous murder created great in
! dignaton, and these mon were apprehended, and
brought before the authority of Georgia. Being
case of deep interest, aud happening under some
what novel circumstances, its Investigation was had
before one of the ablcst Judges of Georgia. Ipcdge
ilyself TO the House for the truth of every thing l
shall state in relation this matter for every thing
| | shall state comes under my own knowledge. I'm
consequence of provision in tho Constitution of
Georgia, that all criminal cases shall he tried in the
county where the offence is committed these men
could not he tried for the crime thus horribly perpe
tTated, because tho laws Of Georgia had not been
tended over the nation, and it was not organized in
manner 10 give the courts jurisdiction of the offence.
But the examining court hoping there might be
somc law of tho United States, which would autho-
rze the circuit court 10 take coguizancc of the case
committed tho individuals TO stand their trial ut the
approaching term of that court, in the city of Sa-
vannah. But when the court arrived, it found,
upon examination, that no law of the General Co
vernment vested any jurisdiction of such cases in
the Federal Court and it was further believed none
could he by any subsequent law; for. upon scrutinz
ing the Federal CONSTITUTIONS it will readily appear,
that Congress can pass no laws for the punishment
OF crimes committed within the limits of States, but
such as relate TO piracy, forgery ofthe CON- and pub
lie securities, and in ine such are directly con-
ncccd with the acknowledged powers of the Co
vernmcn expressed in the Constitution. These
went unpublished, one of tho most fragrant outrages
that can be committed against society. The public
attention was, of course, awakened to an inquiry into
the proper remedy for future and similar transgrcs-
SONS, and the ensuing Legislature passed law, at
taching the Cherokee nation to organized county
OF the State, and extended its criminal laws over the
same so far as white men were concerned Under
that law, and one subsequently passed, dividing the
nation INTO smaller parts, and connecting them for
greater convenience, with the counties adjoining the
territory, has the criminal laws of Georgia been ad
inisered for the last fifteen years; and TO nv GER
tam knowledge, white men have undergone all the
] different punishments attached TO different crimes
from fine and imprisonment up the severest penal
TIES AZ this very moment there are two white men,
! citizens of Georgia, suffering the punishment OF
penltentary confinement for stealing horses from the
Indians. Yes, Sir, will take upon mysclfto saw.
that this very people, whose treatment seems TO ex-
cite so much sympathy abroad, and has produced
such canting hypocritical complaint among certain
sort OF whining Intermediates, have been treated
Will us Hlucn JuSllCo ana humanity as IN other
part OF the United States, and great deal more than
IN that quarter from whence comes the most noisy
! Guterng. No on9 has been greater friend TO In
dian rights than myself and one has suffered
more on account of IT. for have been sacrificed i'm
consequence OF il. l always maintained that most
Obvious OF all distinctions, and which the SUP Court
ought to have seen, the difference between the rights
OF property and the rights of government A treaty
right TO land is no better than n fee simple tile to
land, and an Indian, under the first has no more
| right to sclf-governmcn, than citizen under the
laS', all being within the same jurisdiconal limits
and under the sovereign power of the State.
Inns question IS not understood or il would NOT
excite any concern whatever, and even that which
now exists will cease after certain great election is
over The jurisdiction Of this territory is all-im-
portant to the State of Georgia. She can never
Slvcit up without mt the time, passing under
the yoke of horde Of savages. Can, or does anv
one expect this? Mr.. Speaker, not more than two
years ago, citizen of Georgia. living in the settled
parts OF the State went into the nation for there is
a constant intercourse between them and the whites
and there hired horse from an Indian 10 90 to n
certain place, at which, when arrived, he found it
was necessary to so few miles frther for this act
! he was taken up, charged with horse-stealing tried
III The woods, according, as it said to the Indian
laws. In VAIN the plead his innocence-in vain
| he asked Tor poStponement of the trial, until he
could have his friends and Witnesses around him.
Dear 10 ms representations, he was speedily convict
! ed, without Knowing one word that was said and
sentenced 10 be punished Immediately with fifty
lashes, TO be laid on by five eXecuoncrs In few
moments, he was bound, stripped, and suspended
between the heavens and the earth and in the most
cruel manner, was the scourge applied Towards
the close of the torture, he rccned his head up-
on his shoulder and, in the most touching ac-
cents, begged TO have the last ten lashes RENTED
! but III &n; they were most inhumany inflicted He
tainted under the operation and taken from the
Tree as lieless Is the very cords that bound his wrists
and which had forced tie blood from his fingers
ends. This, Sir is the condition TO which the rood
people OF Georgia to be subjected, by declaring
this nation an independent government. And is il
possible she has mode ofprotcctng herself against
enorntes like these? Does the good people of these
! United States ask of Georgia 10 bear this? Have
! they no more feeling for sister State? Do they re-
gard the condition of the savages with more sym
pathy than that of their own brcthren? Do they be-
lIevc that The Indians are better qualified to govern
Georgia, than Georgia is govern the Indians? I'M
possible! Ana nothing but a want of propcrin for-
nation, and the great facility with which an un-
thinking community can be played upon, by design
! ing men, could have produced such All extended
deluson.
Sir, with the present feeling and temper of the
Indians against Georgia, if they think thoy are to
be protected by the general government, and per-
united to exercise the rights of government, not n
Georgian is safe. Our citizens when either forced
or enced into the nation, which can be easily done
from the nature of the line that separates us as well
ms from the travelling which is obliged to be done
through that nation TO the western States will be
liable TO every outrage which a rcvengefu people
may choose TO commit They will be lashed crop
ped, and shot, the usual punishment of these people
Ii VIII become q den of thieves and