Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1835-02-07
IN SENATE-FEBRUARY 4.

;no this Mr.. c. went into an examination OF the
RIGHTS o, the Indians, and the Laws Of the State
of Georgia over them. He particularly referred
to a recent law Of Georgia, passed with respect
to the Indians, and thus proceeded
Mr.. President, Ihave already stated that, in
the observations have made, am actuated by
no other feelings than such as ought to be in
the breast of every honest man, the feelings OF
common Justice. | would say nothing, would
whisper nothing, | would insinuate nothing,
would think nothing which can, in the remotest
degree, cause irritation in the mind Of any one,
of any senator here, ofany state in this Union
have too much respect for every member OF
the Confederacy. l feel nothing but grief for
the wretched condition OF these most unfortu-
nate people, and every emotion of my bosom
dissuades me from the use ofepithets that might
raise emotions which should draw the attention
of the Senate from the justice of their claims
forbear to apply to this law any epithet OF any
kind. Sir, no epithet is needed. The features
of the law ITSELF its warrant for the interpositon
of military power, when no trial and no Judg-
ment has been allowed: its denial Of any appeal,
unless the unhappy Indian shall first renounce
his own rights and admit the rights OF his oppo-
nent- features such as these are enough to shew
what the true character of the act Is, and super
cede the necessity Of all epthets, were even
capable Of applying any.
The Senate will thus perceive that the whole
mower of the State of Georgia, military, as well
ne civil. has been made to bear upon these In
dams. without their having any voice in form
ing Judging upon, or executing the laws under
which he is placed, and without even the poor
privilege of Establishing the injury he may have
suffered by Indian evidences nay, worse still,
not even by the evidence OF a white man! be-
cause the remuneration of his rights precludes all
evidence, white or black, civilized or savage
There then he lies, with his property, his rights,
and every privilege which makes human exis.
tence desirable, at the mere mercy ofthe State OF
Georgia; a State, in whose government or laws
he has no voice. Sir it is impossible tor the
most active Imagination to conceive condi-
ton of human society more perfectly wretched.
Shall be told, that the condition Of the African
slave is worse? No sir, no Sir. II is not worse.
The interest of the master makes it at once
his duty and his inclination to provide for the
comfort and the health Of his slave: for without
these, he would be Improbable. Both PRIDE
and interest render the master prompt IN
vindicating the rights OF his slave, and protect
ing him from the oppression of others: and the
laws secure to him the amplest means to do so.
But who-what human being, stands in the re,
lation of master or any relation, which makes
him Interested in the preservation and protection
of the poor Indian thus degraded and mlsera-
BILE? Thrust out from human society, without
the sympathies of any, and placed without the
pale Of common justice, who is there to protect
him, or to defend his rights2
Such MIR. President, is the present condition Of
these Cherokee memorialists, whose case 1t is
nv duty to submit to the consideration OF the
Senate There remains but one more inquiry
before conclude. is there any REMEDY within
the scope of the powers Of the Federal Govern
ment as given by the Constitutiont II we are
without power, if we have no constitutional au-
thority, then we are also without responsibility.
Our regrets may be excited our sympathles may
be moved, our humanity may be shocked, our
hearts may be grieved; but il our hands are tied,
we can only unite with all the good, the Chris
tian, the benevolent portion ofthe human family,
in deploring whatwe cannot prevent.
But, sir, we are not thus poweress. stated to
the Senate when began, that there are two
classes Of the Cherokees; one OF these classes
desires to emigrate, and il was their petition
presented this morning; and with respect 10
these, our powers are ample to afford them the
most liberal and effectual relief They wish to
90 beyond the Mississippi, and to be guaranteed
in the possession of the country which may be
there assigned to them. As the Congress OF the
United States have full powers over the Terri
tories, we may give them all the guaranty whicn
Congress can express for the undisturoed pos
session of their lands. With respect to their
case there can be no question as to our powers.
And then, as to those who desire to remain
on this side the river, ask again, are We power
less2 Can we afford them no redress2 Must We
sit still and see the injury they suffer, and extend
no hand to relieve theme 1t were strange, in
deed were such the case. Why have we guar
antied to them the enjoyment of their own laws.
Why have we pledged to them protection?--
Why have we assigned them limits of tcrritory2
WHY have we declared that they shall enjoy
their homes in peace, without molestation from
any2 If the United States Government has
contracted these serious obligations, it ought,
before the Indians were reduced by our assur-
ances to rely upon our engagement to have ex-
planned to them its want of authority to make
the contract. Before We pretended to Great
Britain, to Europe, to the civilized world, that
such were the rights We would secure to the In
dams, we ought to have examined the extent
and the ground OF our own right to do So
But is such, indeed, our situation2 NO, sir
Georgia has shut her Courts against these Indi-
ans. What is the remedy2 TO open ours
Have We not the rght2 What says the Consti-
ton? {" The Judicial power shall extend to all
6 cases in law and equity, arising under this Con-
stituton the laws of the u. States and treaties
made, or which shall be made, under their au-
'thority.n
d.. hare was n case or conflict between the !