Burlington free press. [volume] (Burlington, Vt.) 1827-1865, 1838-02-09

military force OF the stale, and expelled
these people from her borders by the use
OF the bayonct ? The question need no,
be answered. It cannot be doubted BY
any one, familiar with the condition Of the
country. that they can be as effectually
expelled. though not quite so promptly. by
means of legislation, as by the point of the
bayonet. They have not the privileges of
an oath before the judicial tribunals, no
voice in the legislative hall. Is it not
equally breach of faith to permit that to
be accomplished by indirect means, which
would be prohibited if attempted directly
and forcblys
The testimony on your records establish
60 The fact that, if all controversies, Of which
they have assumed cognizance, were sub
mittel to the adjudication of the civil trl
bunals Of that country. 1t would be impos.
sible to execute the Cherokee treaty justly
and faithfully. There must be some other
less interested power to intetpose between
them and The white people residing among
them, who, from their superior cunning
and knowledge Of the laws, and the fac,
that the Indian is not allowed his oath,
must, of necessity, be always successful
in dcfrauding and expressing them
With these views of my duty, Mr..
President. with my instructions before me,
holding il my hand the late Cherokee
treaty, which solemnly guarantees to the
Cherokees the possession Of their property
and the free use and occupation of the
same until the time fixed for their removal
to the West; what should have been my
course? III had acted otherwise than
did, should have considered myself re-
creant to the sacred trust reposed in me-
An Indian presents himself before me, and
In the language of Nature, details his com
plant. He says, have been dlspossessed
bv the white man Of the house which |
built, and The fields which have cutiva.
ted forty years; my property has been
taken from mo, and my family turned out
to the shelter Of the forest. Your Govern.
ment is pledged to protect me, you have
the treaty before you, and you were sent
10 enforce it. ask Justice at your hands.
I say to him, 60 to the civil tribunals of the
States, they will redress your wrongs.
What would be his answer-what would
be your answer-or that of any other man
in The community 1t would be the voice
Of Nature. universal as the human family.
He would cay you insult me with such
protection, it is miserable mockery. Is
this your ius,ice9 This your faith so often,
so solemn pledged to US? In the Lam
guaSe of scripture, be might exclalm, |
have asked you for bread, and you have
gwen me stone.
MY crime has been, not in using the
language here supposed, but in listening 10
his complaints, and redressing bis wrongs.
] have endeavorei to do him justice, with.
out enquirng into the particular provision
Of this or that State law. have not per-
picked myself with the subtle arguments oil
politicians about the indivIsibllty of sove-
reignty, or such like cobwebs of the brain;
but the path Of justice being clear, | bu,
obeyed the still small voice Of conscience
which frequently, in the advance Of rea'
soning, ovsrleaps those barriers with which
sub,lely and ingenuity sometimes success
fully oppose It's progress.
The course ofjustice and humanity ia bul
the dictate of enlarged and liberal policy
BY such course the Indians were laugh
that some remains Of justice, some touches
of feeling yet existed in the bosoms o
white men for their unfortunate and pecu'
6UudllOUs ! tIusb tuut ~ SoiteuCV, u
some degree, the asperity Of their feelings
and caused them 10 look with some conf
dence to tho Iuture. Suppose dfferen
course had been pursued, and every species
ofoppression and cruelty practised toward
them. and they could find no redress
Might they not justly say. we can but die
let Us first be revenged. Do we seek il
vain in the pages of history for such reso
iutions prompted by despair
But. Mr.. President, am happy that nj
charges. which should dishonor me as I
man, or disgrace me as an officer, have
appeared against me. That | may have
committed errors Of judgment, | canno
doubt; but the case before the Court
cannot think is one. And although th'
consequences Of this case was tragica
indeed, surely am not responsible for lh
violence Of human passions which cause
such result. No one can regret i! NOR
than do.
Mr. President, return the Court ~
thanks for their cour,ly and un%enre
attention during the investigation
JOHN E. WOOL,