The daily union. [volume] (Washington [D.C.]) 1845-1857, 1852-05-27

jurisdiction all that portion Of territory called ih
chartered limits Of Georga The aud effects of th
laws adopted by her legislature TO operate upon our peo
pie, are we'll known. Our nation being enormously op
posed 10 change Of location, and the officers OF the gov
eminent having withheld the enforcement OF the intercourse
act Of Congress- the treaties for protection
tion was driven the necessity Of employing counselos
alaw o asserting our legal rights before the courts Of the
difficulties, that have been deceived in the
opinion entertained of those rgh when the supreme ia
dcia tribunal of the country decided that the laws o.
Georgia, extending jurisdiction territory,
to the laws Treaties and constitution of the United
States, and were null and void Yet with deep regret
have Witnessed and felt the Illegal proceedings Of Geor
gia with increasing severity at the me the project
Ing Of the federal government Withdrawn, and the
nuity Stipend due nation by treaties, withheld and
rom the claim of the rgt 10 exercise jurisdiction
the right Of surveying. dsposing Of and occupying
lands by force have since been asserted by Georgia. and
measures now In train for the contamination OF the
Inst deed"
Now in the discharge Of the duties ntrusted to
tiles which the Cherokee people experienced under
The course OF policy pursued towards nation, they are
unshaken In their objections TO removal west ofhe river
Mississippi and The question Of our rights and the
asce OF our cause, their minds are equally unchanged
To this letter the chiefs were answered by the War
Department that The government could not interfere be-
tween the Cherokees and the authorities OF the State OF
Georgia, and were referred for the views OF the admins
aon TO the Presidents message TO the Senate of Feb
ruary 20, 1881. hold it in my hand That message
took the ground that the States had the right to extend
their jurisdiction over the Indian tribes, and that the Ex
the Indians in such condition, that they could not
main in Georgia without coming into conflict with the
State authorities. will read some extracts:
From view Of the referred TO- and the uniform
practice OF the government is manifest that until
y IL has been maintained that the right of ursdic.
dinaie TO The power Of he federal government That doe
trne has not been enforced asserted in
resided and where few Of them yet remain These tribes
have been left the undsurbed control of States in
which they found in conformity with the view which
Drey mi tn nd
the clear interpretation of the Of 1902 In the State of
New York, where several tribes have resided has been
the policy OF the government avoid entering quasi
treaty engagements with hem barely appointing
soners occasionally on the part OF the United States
facilitate The objects OF the State in its negotiations with
them.
The steps taken 10 prevent intrusion upon Indian lands
had their origin with the commencement OF govern
men and became the subject of special legislation Ia 1907
with the reservations which have been mentioned in favor
o The jurisdiction OF the States. With tho exception
South Carolina, who has snformy regulated the Indians
within her limits without the aid of the geHeral govern
nen they have been felt within the States OF the South,
without being understood affect their rights preve
exercise Of their Jurisdiction, whenever they
concerned has this principle forbone spread her egs
a,on further than the setteuien OF her white citizens
Claiming TO be capable of segovemment sitting legis-
atiye council organizing courts and administering justice.
TO disarm such an anomalous Invasion Of her
she has declared her determination her
her limi,s-a step which have been
antlc by the proclaim alon OF l7S3 and which per-
iecy consistent with the nineteenth section OF the OF
ls2 According TO the language and reasoning othai
surrounded by settlements OF the czsns Of the United
States but alo within the ordinary jursd
oil the individual States They became from the
ment the laws OF the State extended over them and
the same result follows the similar determination OF Ala
bama aad Mississippi These States have each right
claim in behalf Of their position on this question the
respect which is conceded the other States Of the
Y Union.
Towards this of people entertain the kndest feel
ings, and sensible that tho views which ave taken
which oppose their emigration West Years since
stated TO them my belief that, IL the States chose extend
federal government prevent IL My opinion remains the
and can alternative for them but that OF their
removal TO tho West or quiet submission TO the State
laws IL they prefer to remove. the United States agree TO
teiray their expenses, supply them e
omes-a provision too liberal and ki1d 10 deserve the
tamp Of injustice. Either promises them peace
and happiness, whilst obstinate perseverance, in the
,o maintain their possessions independent Of the State
authority cannot fail to render their condition still more
pless and miserable. Such effort ought therefore,
be diseountenanced by all who sincereI in
he fortunes OF this peculiar people, and especially by the
he harmony Of the Two governments and 70 endanger
he sas OF the many blessings which they enable US TO
,nioy"
introduce this 10 show the difficulties which the ad
ninstraton bad TO contend with at that time, and the
,ocy which existed among the neighborng Indian tribes
n consequence OF it. The efforts OF the administration
lated May 81 1885, addressed to the Secretary OF War;
which he speaks OF the operation between the State
lnd federal officers. He says;
Before this reaches you you viii have learned through
,her cha nnes the result lhe late Cherokee council You
viii also have discovered the which have made Of the
which you kind afford dispe the
leusons imbbcd by the Cherokees through the false
nenis Of bad men and evil counsellors From the report
" General Gascock who attended the council my agent
Ind letters which have received from Major Currey special
agent Of the United States, entertain doubt Of the good
hecs which have and will result from wha, ranspired
he late cosnoi II has afforded favorable opportunity
which hes been well improved both by the agents
edeIa and State governments enligh,en the minds OF
he Cherokee people by the force OF truth and documentary
evidence, which win hereafter prevent the Of
practising upon them and deceptive sehoods In
aTd 10 the real state OF their present affairs Everything
harmonious and well understood upon this subject
the agents Of the federal and State governments
Ind the mpofnni duty which presents tsef to use
the best advantage the under control In bring
10 the most speedy and happy issue the great and be-
,evocnt object Of removing the Indians beyond the limits
y the States the only hope oil esoung them from speedy
Circumstances place much Of the
ponsbiy OF what remains TO be done in regard 10 the
Indians VINO still remain In Georgia upon the authorities OF
he State. The administration OF the federal
rnment has performed every dniy endeavorng 10 mhl
he compact Of ls0g What remains be done de pends
ey much upon lndiotous management Of State author
y Under this view Of the subject hope shall not be
considered Ms assuming much IN mineling my efforts
With yours IN accomplishing the same desired object"
That is the view Of the authorities OF Georgia upon The
ondue OF The general government in the discharge OF
Is duty during the administration OF General Jackson.
n like manner in letter addressed 10 Gov Gayle Oc
ober ~, 1898, he was informed that
"Tha the right Of the State OF habama 10 extend lie u
sdction the district in question is fully admitted"
Now let remark in respect 10 the nature Of the
reay with which the honorable senator from Tennes.
ee found much fault, that 1t pressed upon the
overnment by The whole Stale OF Alabama-a pressure
which no administration could well resist The pres
enl oi this body was present, and one OF those /
Who urged the forming OF The treaty, II was ratified BY
oice against it. How, then. is that administration re.
ponsIhe, even II ID mproyident treaty. any more