Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1835-10-20


obligations have accustomed much embarrassment.
have maintained doctrine that if no other
concerned but the United States, they were bound
TO make good their treaty Stpuaons, by securing to the
Indians the enjoyment Of the country guaranteed blu,
that Georgia was completely sovereign and independent
within her acknowledged limits except far she had
expressly surrendered her sovereignty to the United
States that she had granted the power to the
Federal Government by treaty or otherwise TO dispose
of any portion of her territory and therefore, these guar
ances to the Indians could not be complied with seci
cay but must be compensated by paying to the Indians
the full value OF their country whenever the State chose
TO assert her rights within her own limits
This subject had occasion to discuss, at length, in
the early part Of the year $780, and have maintained
this doctrine all times and in all places where il
spoken Of in my presence, from that day to this.
On all occasions have used every fair means in my
power to produce disposition the part OF the Indians
to sell out their claims TO the United States, and remove
and he who asserts to the contrary does himself great
injustice, because he asserts that which is untrue
BY those who have lattey been disposed find fault
it has been alleged that winter before last the United
States negotiated treaty with the Chcrokecs which, If
ratified by the Senate, would have put this question 10
rest and that was opposed to its ratification
Ii is true, ut the time mentioned, Andrew Ross James
Starr and some Others came to Washington and
there made what called treaty. and it is also true
that that instrument submitted to the Senate for
tication and that the whole committee, Of which was
one member, reported against It's rathcation the
ground that it was not treaty.
treaty is a contract or agreement between or
more nations or countries. To give it any validity ii
must have the assent of both parties. This nsru
ment, if ratified, was Intended to bind the United
States the part aud the Cherokee indiaas on the
other.
Andrew Ross and his party not Chiefs of th'
nation they did not pretend TO represent The nation
they not authorised by the nation to make treaty
nor did they pretend they had any s,eh authority; ant
there protest signed pretended to be signed BY
almost the seoe nation, against any attempt Of theirs te
make a treaty,
Under these circumstances could find no principle
or precedent which would justify in calling that
treaty, which not only had the of the Indians
but was made against their express wishes; therefore,
held myself bound not to recommend its ratification
sought information from the Secretary of War, and
others, and could find no who could furnish me
with either principle precedent for course diteren,
from that which pursued It will be recollectcd that
ring prior Administration, by inadveence tIea.
ty had been made and ratified with the Greek Indians
which, upon examination, was found to be 1ohout ao.
risy from the Indians; and what the consequences:
civil war the principal Indian negotiaors put to death
and the treaty annusa by the President and Senate