Indianapolis Indiana Journal in Indianapolis, Indiana 30 Jun 1830
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Indianapolis Indiana Journal (Newspaper) - June 30, 1830, Indianapolis, Indiana
Indiana journal. Vol. Vili. Published is Douglass pc Maguir amp terms. Two dollars per annul if paid in Advance. Three dollars at the end of the year. Advertisements inserted on the usual , wednesday june 30, �830. No. 375. Congressional debate. Speech of or test on the Bill for the removal of the indians West of the Mississippi River delivered in the h. Of representatives on the 2lst of Ivia 1830. C0nci.uuei3. To understand the True situation of these indians it will be necessary to go a Little More minutely int the Case it will be necessary to examine the principles of this Bill the nature of the Laws of Georgia and of the other states which have been brought to Bear upon them. In 1802, Georgia made a cession of a part of what she claimed a her territory to the United states. In that compact the government undertook to extinguish All the Indian title to lands lying within the Bounds of the state Quot As soon As it could he. Done pea combly and. On reasonable terms to Hosp Are the words of the compact the United states shall at their own expense extinguish for tie use of Georinia As Early As the same can be Quot peaceably obtained on reasonable terms the lands observe the lands were to be obtained As soon As they could be Quot peaceably and on reasonable we were not to go to War with the indians for them not to violate treaties we were not to trample upon established principles or tear up the foundation of a settled policy the government was pledged to maintain. Nor was it to be done at All events it was to be done on reasonable terms or not at All. Clearly shewing that the United states did not feel themselves at Liberty to fall upon the indians and drive them from the country right or wrong and shewing As clearly that Georgia was not authorized to do so and at the same time conceding to the United slates a Power she did not claim herself that is the Power of making treaties with the indians. If the giver i Anent were bound at Alle Venis to extinguish the Indian title to the lands Why those qualifying words when it can be done peaceably and on reason Riehle terms Quot if Georgia bad been competent to treat with the indians we not do so Why stipulate with the United states to do it or if her Rig lit to extend her Laws Over the indians was Clear Why make any stipulation with the United states sir Georgia had no idea at that time that she had the right or the Power to do either the one or the and sir i will venture to say that neither Georgia Alabama or Mississippi would Ever have ventured upon that bold Experiment if president their White Brethren and go to the country they have chosen in that treaty this solemn humane and benevolent language is held by Gen. Jackson to the nation. After reciting the promises of the president to Aid them in removing to the country they had chi sen it is stipulated Quot that whereas the cherokees relying upon the promises of the president of the United states they did make Choice of a country and did Settle themselves Down upon the United states lands and have sent on their agents to make a treaty a therefore know be that in order to carry into full effect these promises of the president and to promote a continuation of Friendship with their Brothers Quot go on to establish and conclude the various articles that follow and among the rest the one heretofore recited confirming and acknowledging with both parts of the nation the continuance Quot in full Force of All treaties Between them Quot and it is particularly stipulated in this treaty Quot that if any of the cherokees on the East Side of the Mississippi shall desire to beco Nve citizens of the United states and they shall make known that desire each head of a family shall have Laid Oit to him six Hundred and forty acres of land to remain to him for life with remainder in fee simple to his Here sir is a treaty entered into with the cherokees by Gen. Jackson now president of the United states and a distinguished citizen of the state of Georgia by and with the consent of Georgia those distinguished gentlemen acting under the solemn obligations of an oath to support the Constitution of the United states making a treaty with the Cherokee indians a Large portion of whom reside in Georgia which in its solemn stipulations recognizes the following facts Quot that the indians who remain on this Side of the Mississippi either in Georgia or Alabama Are not citizens of thu United states Quot because it provides for their becoming such that they have the right and intend Quot to establish fixed Laws for themselves and a regular form of government and to remain there pursuing the arts of husbandry under fixed Laws and a regular form of government of their own Quot separate distinct and Independent of the United states of Georgia of Alabama and of All the world. I say that it is not a Little remarkable that after those solemn engagements recognizing these High Sovereign rights that they should be told by Gen. Jackson himself holding in his hand the Power and prerogative of a mighty nation that they could not be maintained in them that they must go to the desert or yield to the encroachments of the state in which they reside. How far these cherokees have lived up to their professions in favour of civilized life a of their intentions Toa creation. No treaty is to be made in form the Bill declares Quot the president May Lay off the districts of land Quot Quot the president May Exchange lands Quot the president shall do and shall cause to be done Quot every thing proposed by the Bill. The Senate have yielded themselves into the hands of the executive to dispose of no one knows How much of the Public lands but surely not less than one Hundred millions of acres and besides that not less than Twenty millions of Public monies and All this without any Check or control from any Quarter whatever. This enormous Money is to be disbursed under his discretion by such persons As he May think proper to appoint and who Are answerable to him alone. All those vast contracts Are to be carried into execution by men appointed solely by the president without consulting any Power save his own. If a Petty officer of the government without pay or responsibility is to be permanently appointed the president has to ask the advice and consent of the Senate but Here sir one Hundred and for what i know or any one else one thousand will be appointed for the disbursement of some Twenty millions of dollars of Public Money subject Only to the will and control of the executive. If sir i had the most implicit Confidence in the discretion the Energy and firmness would withhold of the president i Jackson had not told them that they had the right and Power to for Bandon that of the Hunters and Pur it vill be recollected that it was last sue the arts of husbandry a the Gen Spring that general Jackson had Theleman from Massachusetts or. Eve talk with tie indians in which he told Tern he could not protect them against the intrusions of those states and it was not till this last Winter and the present Spring that those states took upon themselves to extend their Laws Over the indians within their Borders. I say it is evident they were emboldened to do so by the language which general Jackson held toward those Indian for they rett has told us. He has Given us a schedule of their slaves their horses their cattle their farming utensils together with a statement of their chufche6,their Public houses their Mills the workshops amp a. Lask Southen sir if it comports with the dignity the honour and the Justice of this great Republic to throw these people from your Protection and abandon them to never had before i those with whom they have no St Pula pre it Umed to do so nor until he had tons for Protection and safety a and announced to these tribes that the pro Tell them in the language of the re Teri Ion of the United states should be port of the committee on Indian of withdrawn from them thereby invite pairs that All this Parade about trea ing the states to do what they did. I ties Quot is a Mere device intended Only and sir if is not a Little remarkable to operate upon their minds without that i jigs language of renunciation any intention of being carried into of should be proclaimed to the Cherokee would it be honorable to co indians by general Mirkson after be Erce these people to leave their Homes gotta Tibig with them the treaty he did guaranteed to them by so Many so in 1817. It is admitted in the pre Lemn pledges of your country to wan Amble to that treaty that their object i Der again to the wilderness again to is to Quot Divide or separate the nation i degenerate into barbarism almost As the cherokees into two parties soon As the Light of civilization has be one to remain where they Are they gun to Dawn upon their benighted having having made much More pro minds sir it would not. But we press than their Brethren toward Civi Are told this Bill does not coerce them. Liz ution and being disposed to pursue the arts of husbandry quit the Hunter s life and a to establish Amon themselves fixed Laws and a regular form of govern Anent a the other party retaining More of the Indian character being disposed to pursue the Hunters life and the game becoming scarce where they Are they propose to sell their lands in that Rice to their White Brothers and remove Over the Mississippi and the. President of the United Stales having consented to their proposition and assigned them a piece of land in the wilderness the nation there stipulate the one party that they will remain establish for themselves fixed Lutsy and a regular form of government a the other party Quot that they will leave their pos be seids on this Ide in amp Mizii Sippi to True it does not array against them fire and sword it does not propose using physical Force but sir does it not combined with other circumstances Lay them under an Irres Isoble compulsion let us examine the operations of the Bill in conjunction with the Laws of Georgia Alabama and Mississippi which have been extended Over them. The first prominent feature in this Bill and which must strike every Man the moment he casts his Eye upon it is this that it proposes to withdraw from the Senate their Revisore Power Over the treaties and compacts entered into by the president of the United states. The whole Burthen of this business is to be thrown into his hands to be disposed of according to his Dis from him this vast Power and patronage. It is possible he May make some improvident appointments As we have undeniable evidence that he has done in some instances who May make some very onerous contracts but the moment they Are made they Are binding upon the government and you will have to appropriate Money for their payment because the nation is pledged to do so. Where is this vast scheme to end seventy or eighty thousand indians Are to be removed across the Mississippi and no principle established Apon which it is to be done except what May be devised by the executive within the provisions of a Loose and indefinite Bill. I ask again sir if it were intended to consult the feelings of the indians upon the occasion Why was it necessary to withdraw the subject from the treaty making Power Why was it necessary to throw the whole in the hands of the executive without at least consulting his constitutional advisers the Senate ? he ought to have in an affair of so much importance the counsel of the whole nation sir i have another insuperable objection to this Bill and one that it is impossible for me to reconcile with the duty i owe to myself. I believe those indians Are Sovereign Commini ties at least so far As to Render it necessary to hold treaties with them As with other Powers and not Mere compacts As with individuals the language of the Constitution is express Quot that Congress shall have Power to regulate Commerce with foreign nations among the several states and with the Indian tribes Quot and that the president shall have Power by and with the advice and consent of the Senate to make treaties provided two thirds of the senators present now sir in relation to the regulation of Commerce with foreign Powers and with the Indian tribes there is no kind of destination made in the Constitution Between the modes to be pursued in relation to foreign Powers and that of the Indian tribes hence i take it for granted there is no difference allowed to be made in the Mode of procedure Between the two. It is to be done by treaties and no other Mode can be adopted by Congress without a violation of the Constitution. There is a treaty making Power created by the Constitution and that is to be exercised in a particular Way pointed out by the Constitution that being the Case this House or both houses cannot nullify or change that Mode without an express violation of its Princi pies. What was the treaty making Power created for if Congress May adopt any other Mode they please 1 say it cannot be done by this House or by both houses or otherwise the Constitution is a dead letter. If the president by and with the advice and consent of the Senate is alone authorized to make treaties How can Congress substitute any other Mode no one i believe would be Hardy enough to affirm that the president alone could make a treaty with a foreign Power and if he cannot do so with a foreign Power i ask How can he do it with an Indian tribe when the Power to do the one is granted in the Constitution by the very same words ass that to do the other. What would the people of the Union say if Congress were to pass an act authorizing the president to neg Oci Ite a treaty with England or any other foreign Power to adjust and fix a Tariff of duties to suit his own notions without consulting the Senate or this House would they not say the act was unconstitutional As Well As Aji infringement of their rights would they not say that that was a Power they never authorized us to Confer and pronounce us usurpers for doing so they certainly would and justly too. I say sir would not such a proposition Shock this nation. And yet this Bill proposes to do what is in principle precisely the same thing and indeed a scheme of equal magnitude and of More alarming and dangerous consequences in this instance the president is authorized not to make treaties not to hold conventions subject to the revision and control of the Senate but arrange ments compacts or whatever Eise you May please to Call them in just such a manner As May suit his own notions to the amount of one Hundred millions of acres of land and about Twenty four million of dollars uncontrolled by any Legal restriction save his own discretion. Not but what he might exercise that tremendous discretion very honestly and very judiciously but the granting it would still be no More nor no less than a breach of the Constitution. Under these impressions 1 cannot Coj sent to Vole for this Bill nor shall i Ever consent to do so until 1 gel my own consent to violate that Constitution which i have sworn on this floor to�6upport. Sir i was to adopt some Correct and constitutional Sysin a by which All those sons of the Forest might have an Opportunity of changing their residence among the whiles Here for one beyond the Mississippi who might choose voluntarily to do so and i was anxious for its adoption because i saw and dreaded the perilous situation in which those poor helpless Tel love beings were placed. I saw them driven by the construction which the president of the United states had Given to the Constitution and the various treaties into which we had entered with the usual Way those treaties to be submitted to the revision and control of the Senate Here is safety. If the treaty is fraudulent it can be set a Side if it be improvident it can be rectified if the president should drive the project too fast or extend its operations too wide he can be checked. The Senate is a representative body in part and in part executive. The various interests of the states Are there fairly represented and their political Powers fairly balanced where contending interests Are brought equally to operate and Wisdom and virtue will direct the controversy to a Correct result. Sir let us see Hove this Bill in its detail would operate upon the indians in connexion with the Laws of those states which have been brought to Bear upon them. Every gentleman can see at the Firlet glance that they must operate oppressively. How is one of those sons of he Hase who has All his life roved Union louled through i native for est pursuing he game i say How is he to a Nauni to the habits and Ninar re of civil Zed life How is he to be transformed in a moment from the solitary Savage to the social and polished citizen How is he to yield the Lawless Freedom of the wilderness to the or throw walks of cultivated octet a How Exchange the wanderings of the Hunter for the contracted of the Husbandman or How the wild sallies of licentiousness for the restraints of social Interi nurse he cannot do it. It would he worse than Algerine slavery. But sir these Are not half the difficulties imposed upon these help less and miserable people. These remarks will apply generally to All those three Stales which extend their Laws Over the Indian tribes within their Borders. But let us see what Are the provisions of those Laws which Georgia hag extended Over the cherokees. Ii will be necessary in order to come to a proper understanding of the Case to Shew the relative situation of the georgians and the indians. It seems them front the protecting shelter j that the Cherokee in pursuance of which Thoss solemn guarantees had j the treaty made with them by Gen. Thrown around them destitute of the a Jackson in 1817, Quot have established fix Means of support and i Felt anxious to relieve them upon any Safe and Correct principle regardless of the expense and submitted what i thou it such a proposition to the Onmi Iuele of the whole on the state of the Union and which was by them almost As promptly rejected As submitted. My proposition was to authorize the president to hold treaties with the tribes in the usual manner to extinguish the title to their lands on this Side of the Mississippi and Exchange those with them for others beyond to obtain their voluntary consent to go to make provisions for them while migrating and for their sustenance a reasonable time after their arrival there and indeed embracing very nearly As extensive a scheme As the Bill now under consideration except that treaties were to be made and brought before the Senate for their advice and consent that As treaties bad sometimes de Laws and a Nore Permaner t syst m of they elect their chiefs and head Onnen. Who form a re uni l they meet at stated times and pass Laws or decrees of govern when it they have their executive officers their justices and their constables or Quot marshals Quot As they Are pleased to Call them. With those chiefs Council and executive officers they govern themselves i am told with a regularity and firmness of purpose very Little Short of the most civilize d communities and at least with the same Stern a deviating National integrity. Sir there is not upon record i believe an instance of a violated Indian treaty which wag entered into by them voluntarily and without fraud on the part of the White men they have universally abide by them however onerous by they have operated. Ii will be recollected thai in 1826. A fraudulent treaty was made will the creeks at the Indian Springs been obtained through fraud and co which was afterwards set aside by the Vin and had actual afterwards been j on the application of the set aside by the Senate and which Radii and even in this Case a a occasioned bloodshed among the Indi i thou Gli it App ared that Gen. In plan ans i was desirous to avoid such a Cal Tosh the principal chief who had be tas Rophe in future and Beli Evitia at the same time that it was the Only constitutional Mode by which it could be done. But sir what was my astonishment when i was told that it was worse than no plan and found that it was rejected almost without a division. I must confess that i fell afterwards As if it was my duty strenuously to oppose the one now under consideration and shall certainly continue to do so unless it shall be Modi fied to comport with my views of the Constitution of the treaties made with them and of that Justice which is due to a weak and helpless people to whom we Are under every obligation of compact of Honor of Benevolence and philanthropy to protect and As far As we can to save from impending ruin and final extinction. Sir the danger to be feared in prosecuting such a tremendous scheme ought to prevent its adoption this Bill throws into the hands of the president some Twenty millions of dollars to disburse exactly As he pleases it throws into his hands the lives and liberties of four Hundred thousand human being for such is about the number of indians on both sides of the Mississippi besides an Hundred millions of acres of land without Check or control Over him no Power to revise his acts All his compacts Are without the Revisore Power of the Senate. It is a discretion which i can never consent to Grant to any Man. My proposition requires treaties to be made in Goci ated the treaty was to become the individual owner in fee simple of a property Worth perhaps thirty thousand dollars for his infidelity in sign a ing the treaty and although the Chiefa who made the stipulations there Una to lionized to do so yet the nation never attempted to violate the treaty but modestly asked of the government of the United states to set it aside in consequence of the fraud which they did on equitable terms and to the great displeasure of the georgians. It is True the indians punished m in Tomb to Weir chief with deaths for Bis infidelity and the world has pronounced upon their act that it was right for he was a traitor according to their Laws having knowingly and wilfully violated not Only a statute of his country but that sacred pledge and Faith which i9 the Only guarantee of National or Public safety. Since the fatal catastrophe i am told the cherokees from a deep repugnance to St la their lands and from the circumstance of their chiefs As Well As individuals being sometimes bribed have passed decrees punishing with death any chief or of ther person going into Council to make treaties for the Sele of their possessions without the consent olt the whole nation now sir what Are the Laws of Georgia in relation to those people the very act by which she extends her Laws Over them annuls and Render void All their orders and decrees and makes in a penal Offe Tice a abject Oil
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