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Indianapolis Indiana Journal (Newspaper) - October 13, 1830, Indianapolis, Indiana Indiana journal. Vol. Vili. Published by Douglass amp , wednesday october 13, 1830. No. 390. Terms. Two dollars per annul if paid in Advance. Three dollars at the end of Tho year. Advertisements inserted on the Usu Fli . Or. Wirt and the governor of Grorge a. Or. Wirt to governor Gilmer. Baltimore Jui get 4th, 1830. Sir a just respect for the state of Xie Orgia and a desire to avoid a mis construct Iod which might be attended with evil consequences seems to Call Tor a communication which under other circumstances might Well be de it med officious and intrusive. The excitement with regard to the indians within your Borders is already so High and in this state of feeling measures of the most innocent character Are so easily mis apprehended and converted into causes of offence that i persuade myself your excellency will at least approve the motive of this letter As a Roe Asuro of peace. The Cherokee nation have consulted me professionally As to their rights under their various treaties with the United states. Among other questions they have asked me whether under the Federal Constitution Laws and treaties the state of Georgia has the right to extend her Laws compel peaceful pursuits of civilized societies. They profess and i believe with entire sincerity to be willing to make the question of their rights under their treaties questions of pure Law for the decision of our own courts and As i perceive by the reported debate in Congress that a measure of this sort has been anticipated and that one of your Penlight bed senators in that body expressed a Strong and without a doubt a sincere conviction that the decision of the judiciary would if it Ever should be asked be in favor of the right of the state to legislate Over the Cherokee nation i cannot but indulge the Hope that in proposing to bring this question before the supreme court i shall have advised a measure rather pleasing than otherwise to the state of Georgia. Be that As it May i cannot reconcile it to my own sense of propriety to have any Agency in this affair without apprising your excellency frankly and respectfully what is intended. I desire to have it distinctly understood on every band that neither these people nor their counsel aim at any More in this movement than an open peaceable and respectful Appeal to the of Pinton of our own courts the courts of the Union. Your excellency will not understand me As asking or expecting that you will take the trouble to answer this letter. My object is single and sively into their nation and whether this question can or cannot be carried sincere it is simply to avoid a a Quot a for decision to the supreme court of concealment and All mis the u. States i am fully aware of the serious import a of the e questions and regret exceedingly Thrett they have Arisen. I foresee distinctly the disastrous consequences which May be made to flow from giving the controversy this direction and yet if it be apprehension of Surprise on the part of the state of Georgia by advising your excellency fairly and openly of the measure in contemplation Aud by assuring you that there is no other purpose in View than a quiet peaceable and respectful reference of the met and conducted with proper tem questions of Law and right in dispute per As i Trust it will it is quite As ap-1 Between the state of Georgia and the Parent that it May prove the Means of Cherokee people to the highest court peace and reconciliation. 1 have not of our nation the supreme court of sought this consultation Quot Quot it has been cast upon me in the common and Reg our practice of my profession and a cording a to my understanding of my professional duties i am not at Liberty to refuse either my advice or services to any one who comes to consult flae on his Legal rights and who has nothing More in View than the assertion of those rights according to the course of the Laws of the land. It is my misfortune to Dilir with the constituted authorities of the stale of Georgia on the question of her Power to extend her Laws into the Cherokee nation and the late debates in Congress will hive satisfied your excellency that in ibis opinion i am not singular but that i hold it in common a huh Many of the most distinguished lawyers on our continent. We May be wrong and As infallibility is not the lot of mortals those who hold the opposite opinion May possibly be wrong. Fortunately there exists a tribunal before which this difference of opinion May be quietly and peaceably settled and to this tribunal i think it May be regularly referred. I perceive that in the debates to which i have alluded a mistaken humanity has been supposed to Warp the judgment on one Sie of this question and interest on the other. In the supreme court of the United states we shall find a trip goal As impartial and a enlightened As can he expected on this Earth or if partiality can be supposed to find its Way into that High tribunal on any occasion it is not on Auch a one As this that the Cherokee nation have a right to expect it in their favor. To them the courts of the United states Are foreign courts while Ibey Are the Domestic tribunals of the states of the Union. I have told these people that i am willing to assist them in4 ringing their rights for final decision before the supreme court of the United states on the condition that they conduct them a elves peaceably towards the people of Georgia and of the United states and that they make the question purely a question of Law for our courts but that i will abandon them and their cause on their first aggression by Vio-leo4� on the White people around them hich shall be authorized by their nation. U is but Justice to add a that in those of the nation who have been with me and who compose the delegation. That have been at Washington through the Winter 1 have not discovered the slightest disposition to violence. They Are civilized and Well informed men they Wear our dress speak our Ian Guage and in their manners indicate All the mildness and much of the culture and Courtesy of our own Best circles. They assure me that their people at Home have abandoned the habits of Savage life nod subsist by Agri Cultum a and the other usual and of the u. States. Your excellency will permit me to assure you farther that in the future measures which May grow out of this controversy so far As they shall he under my direction care will be taken to give As Little trouble As possible to the constituted authorities of the state of Georgia and that the discussion will be conducted with All the respect for the state and its Laws which consist with the proper assertion of what i consider the rights of this unfortunate people. The decision May be expedited by making a Case by consent if that course should suit the views of the state of Georgia. It is not asked however but suggested merely for your consideration with an Assurance that if it should meet Jour approbation the cherokees will cheerfully concur in the measure. The motives which have led me to trouble you with this communication make it equally proper 1 think that i should submit a copy of it to the president of the United slates and i shall place another copy in the bands of the Cherokee delegation in order that they May distinctly see and remember the conduct which is expected from their people and what alone Theof have a right to expect from me. I have the Honor to remain sir most respectfully your obedient servant we. Wirt. His excellency Geo. R. Gilmer governor of Georgia governor Gilmer to or Wirt. Escoli Tive department Georgia. Milf Devilley 19th june 1830. Sir your communication addressed to the governor of Georgia has been received informing him of your employment by the Cherokee indians to defend them against the operation of the Laws of the state and proposing a reference of what you have thought proper to Call the dispute Between the Cherokee nation and the state of Georgia to the supreme court of the United states. The governor of Georgia knows of no reason Why he should be notified that professional duty required of you to take fees of All who ask your advice. Georgia claims no jurisdiction Over the lawyers of Maryland. Your justification will have become appropriate when that state interferes with your professional business. Why it should be the misfortune of a citizen of Maryland As you say it is yours to differ with the constituted authorities of Georgia is not very clearly understood. You Are neither responsible for the legislation of the states nor subject to its there is no doubt but that Many of the lawyers distinguished like yourself As y9u say profess to believe that the state has usurped authority and violated the Faith of treaties in passing Laws for the Protection of the rights and Punis bide the crimes of the India people who reside within its limits. It is known that the extent of the jurisdiction of Georgia and thie policy of removing the cherokees and other indians to the West of the Mississippi have become party questions. It is not therefore surprising that those who engage in the struggle for Power should find usurpation and faithlessness in the measures of the government accordingly As the loss of office or the Hope of its acquisition May enlighten their understandings. What you say of the fallibility of the constituted authorities of Georgia is a truism of Universal application and can have no meaning but by your intention to Render the application particular. You say that the supreme court of the United states is a High impartial and enlightened tribunal. Why such commendation the Promise you make to use your professional influence to prevent your clients the indians from committing violence upon the people of Georgia is very kind coming As it does from a private citizen of another state and will without doubt create an obligation upon the people for whose safety it is intended commensurate with the favor to be received. There Are no fears Felt in Georgia of Indian violence although it is highly probable that your efforts will be productive of some mischief. It is believed that the cherokees in Georgia had determined to unite with that portion of their tribe who had removed to the West of the Mississippi if the policy of the president were sustained by Congress. To prevent this result As soon As it became highly probable that the Indian Bill would pass the cherokees were persuaded that the right of self government could be secured to them by the supreme court in Defiance of the general and state governments. It was not known however until the receipt of your letter that the spirit of resistance to the Laws of the state and views of the United states which have of late been evident among the indians had in any manner been occasioned by your advice. Although insurrection among the Indian people of Georgia May be the consequence of your proceedings and those who act in unison with you the constituted authorities of the state disclaim All right to interfere with you in any manner so Long As you keep yourself beyond the jurisdiction of the state. You have thought proper to give the governor of Georgia an account of the civilization of the cherokees describing those you have known to be polished gentlemen and those whom you know have ceased to be Savages. What you do say of the intelligence of the members of the Cherokee tribe who were in Washington City last Winter is partly True and equally descriptive of Many others. They Are not indians however but the children of White men whose corrupt habits or vile passions led them into connexion with the Cherokee tribe. It is not surprising that the White men and the children of White men have availed themselves of the easy Means of acquiring wealth which the Cherokee territory has presented for thirty or forty years nor that intelligence and spirited activity should increase with their increased wealth nor that when wealth intelligence and Industry were confined to the Whites and the children of the White men that the Power Over the tribe should become entered in the same hands. But that these causes were calculated to produce similar effects upon the indians the real aborigines is disproved by every example among the thousands which the experience of the two last centuries has furnished in every part of this continents the cherokees have lost All that was valuable in their Indian character have become spirit operating upon them it could not have been otherwise. It was this state of things that rendered it Obliga tory upon the state of Georgia to vindicate her right of sovereignty by abolishing All Cherokee government within its limits. Whether intelligent or ignorant the state of Georgia a it passed no Laws violative of the Liberty personal Security or private property of an Indian. It has been the object of humanity and Wisdom to separate the two classes among them giving the rights of citizenship to those who Are capable of performing its duties and properly estimating its privileges and increasing the enjoyment and the probability of future to the ignorant and Idle by removing them to a situation where the inducements to action will be More in accordance with the character of the Cherokee people. Your suggestion that it would be convenient and satisfactory if yourself the indians and the governor would make up a Law Case to be submitted to the supreme court for the determination of the question whether the legislature of Georgia has competent authority to pass Laws for the government of the indians residing within its limits however courteous the manner and conciliatory the phraseology cannot but be considered exceedingly disrespectful to the government of the state. No one knows better than yourself that the governor would grossly violate Bis duty and exceed his authority by complying with such a suggestion and that both the letter and spirit of the Powers conferred by the Constitution upon the supreme court forbid its a judging such a Case. Your suggestion is but an evidence of the state of that contest in which the advocates of Power Are exerting themselves to increase the author it of the i>epartment8 of the general government whilst the friends of Liberty and the rights of the people Are in opposition. Endeavouring to sustain the sovereignty of the states. It is hop Ltd that the efforts of the government to execute its contract with Georgia to secure the continuance and Advance the happiness of the Indian tribes and give quiet to the country May be so effectual As to prevent the necessity of my further Intercourse upon this subject. Yours amp a. George r. Gilmer. William Wirt Esq. Less dependent and depraved As the Whites and their children have become wealthy intelligent and powerful. So Long As the cherokees retained their primitive habits no disposition was shown by the states under the Protection of whose government they resided to make them subject to their Laws. Such policy would have been cruel because it would have interfered with their habits of life the enjoyments Peculiar to Indian people and the kind of government which accorded with those habits and enjoy scots. H was the Power of the Whites and their children among the cherokees that destroyed the ancient Laws customs and authority of the tribe subjected the natives to the Rule of the most oppressive of government an oligarchy. There is nothing sur prising in this result. From the Cha i Raster of the people and the causes to the editor of the Baltimore Gazette. I observe in your paper of last evening As extracted from Poulson s Philadelphia american a letter of mine to the governor of Georgia of june 4th, 1830, and the governor s answer of the 19th of that month. I Wisla it to be understood that the publication of the letters has not proceeded either directly or indirectly from me although i have certainly no cause to regret it on my own account. My letter to the governor is in accordance with the professional Courtesy which prevails in Virginia and Maryland of giving notice even to a private gentleman of a contemplated suit before proceeding against him. It is always intended As a Mark of re Spect and in this Quarter of the Union is always so received by the gentlemen addressed. I thought it still More imperiously due to the governor of the state of Georgia. The other motives of my letter Are apparent upon its face and Are cheerfully submitted to the construction of the pub lie. There is Only one passage of my Owr letter which to the general Reader can require a word of explanation my suggestion to the governor is not that myself the indians and the governor shall make a Case to be submitted to the supreme court it is simply that 4he decision May be expedited by male Inga Case by consent if that co Rise should suit the views of the state of Georgia the state of Maryland had done this on the occasion of her Law to tax the Branch Bank of the United states established at Baltimore Mcculloh is. The state of Maryland 4 Wheaton 316 and again on the occasion of another state Law requiring the importers and vendors of foreign goods to take out a licence from the state Brown is. The state of Maryland 12 Wheaton 41. This last Cash is made up in the form of pleadings not requiring a statement of facts. But in both cases the attorney general of the state it is nude blood co operated in the measure and under the instruction of the state authorities gave facility and despatch to the reference of the questions to the supreme court. In both these cases the question involved was the constr of a state Law i and in both the state of Maryland United in the reference of this question to the supreme court and acquiesced in the decision. It was with these cases in View that i made the suggestion a question to the governor of Georgia. It did not answer the governor s letter because it must be seen that it tie Ither required nor admitted an answer in the spirit of Courtesy in which i had addressed him and from which i thought and stil think it improper to depart. His letter surprised me because i supposed the object and in Guage of my own to be too Plain to be misunderstood and too respectful to have awakened feelings of displeasure this governor having viewed it in a different Light i am not at All with the publication of the letters which i presume is intended As an Appeal to the people of the United states. To such an Appeal a can have no objection though my respect for the state of Georgia and my desire t6 avoid All needless irritation would not have permitted me to make it. We. Wirt. Baltimore sep g. 1830. From Tho Vincennes Gazette. Vincennes. A Unity of industrious mechanical activity and a concentration of pecuniary Means with Enterprise and intelligence renders it Gratifying to witness the general Prosperity and growing improvement of this town. Located on the most Deligh it Ful spot in the heart of a Fertile and ii aurally picturesque country where health and plenty Quot Crown the Board of the Husbandman its apparent despondency some years ago was really a matter of Surprise. Happily the cause was of momentary duration and the labor of freemen soon banished its effects. Indeed up to the period Rel Ludd Toj when a want of Money Ca sird gloomy offices this town from the first settlement had undergone Many Vicissitudes to which it can never be again subjected. Its Trade wealth acid increase must now be progressive the primitive White settlers Here who Emi granted from Canada about the Yeai 1735. Brought Litchi of what is now termed Domestic Industry along with them. They passed their Days a Hunting fishing trading in furs and those pursuits with a Little Indian Corn served their wants. In All the simplicity of this a frequented retirement they Only courted the Friendship of the surrounding tribes of indians for their safety and seemed to be truly Happy in the enjoyment of comparative indolence. It was after the peace of 1783, that the United states received Possession of this Section of country and it waa Many years after that event when a change of life to the advancement of agriculture and knowledge became evident. The place had been occupied by France and afterwards by England Only As a military Quot Post Quot to control their Indian allies. Such an. Appendage could not entice Industry and therefore it is that the Many prominent advantages of Quot Post Quot Vincennes have been erroneously of a lived in reference to the Date of the first settlement. But this error is a bar corrected the scene has changed the arts and i night say the sciences have a permanent abode buildings with manufactures and Trade Are rapidly increasing and the business of the place is fully Chi Mensurati with its unprecedented increase of Poplar tied. The town now affords facilities for education of every useful a script Tion and if a few ancient inhabitants yet neglect the benefits within their reach it is Only a matter of Surprise and regret to their fellow citizens. The old Quot Vincennes University Quot now Knox county Seminary the first seat of learning in Indiana after having been despoiled of the Means originally set apart to sustain it is in a decent state of repair at the county expel so i it entertains two schools sniper intended by gentlemen of reputed ability where 1 have no doubt the education of boys can be As rapidly advanced As in Distant and More expensive academies. For females exclusively the Sisters superintend an establishment which is very deservedly in High repute. The Prospect too a in every other respect encouraging. Our citizens will no longer suffer themselves to be made victims to party or personal discord. They can form Correct ideas of men and measures and it is to be hoped never allow themselves to forget Home a it Elf ests. Patriotism Points this Way and party schemers elevated to office by party feelings Only will Here find n population of freemen no Shreda and patches of dictatorial Jackson ism Oran other ism but patriotism of

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