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And then, as to those who desire to remain on this side the river, 1 ask again, are we powerless? Can we afford them no redress? Must we sit still and see the injury they suffer, and extend no hand to relieve them? It were strange indeed, were such the case. Why have we guarantied to them the enjoyment of their own laws? Why have we pledged to them protection? Why have we assigned them limits of territory? Why have we declared that they shall enjoy their homes in peace, without molestation from any? If the United States government has contracted these serious obligations, it ought, before the Indians were reduced by our assurances to rely upon our engagement, to have explained to them its want of authority to make the contract. Before we pretend to Great Britain, to Europe, to the civilized world; that such were the rights we would secure to the Indians, we ought to have examined the extent and the grounds of our own rights to do so. But is such, indeed, our situation? No, sir. Georgia has shut her courts against these Indians. What is the remedy? To open ours. Have we not the right? What says the constitution?

"The judicial power shall extend to all cases in law and equity, arising under this constitution, the laws of the United States, and treaties made or which shall be made under their authority."

But here is a case of conflict between the rights of the proprietors and the local laws; and here is the very case which the constitution contemplated, when it declared that the power of the federal judiciary should extend to all cases under the authority of the United States. Therefore it is fully within the competence of Congress, under the provisions of the constitution, to provide the manner in which the Cherokees may have their rights decided, because a grant of the means is included in the grant of jurisdiction. It is competent, then, for Congress to decide whether the Cherokees have a right to come into a court of justice and to make an appeal to the highest authority to sustain the solemn treaties under which their rights have been guarantied, and in the sacred character of which they have reposed their confidence. And if Congress possesses the power to extend relief to the Indians, are they not bound by the most sacred of human considerations, the obligations of treaties, the protection assured them, by every Christian tie, every benevolent feeling, every humane impulse of the human heart, to extend it? If they were to fail to do this, and there is, as reason and revelation declares there is, a tribunal

of eternal justice to which all human power is amenable, how could they, if they refused to perform their duties to this injured and oppressed, though civilized race, expect to escape the visitations of that Divine vengeance which none will be permitted to avoid who have committed wrong, or done injustice to others?

At this moment, when the United States are urging on the government of France the fulfillment of the obligations of the treaty concluded with that country, to the execution of which it is contended that France has plighted her sacred faith, what strength, what an irresistible force would be given to our plea, if we could say to France that, in all instances, we had completely fulfilled all our engagements, and that we had adhered faithfully to every obligation which we had contracted, no matter whether it was entered into with a powerful or a weak people; if we could say to her that we had complied with all our engagements to others, that we now came before her, always acting right as we had done, to induce her also to fulfil her obligations with us. How shall we stand in the eyes of France and of the civilized world, if, in spite of the most solemn treaties, which have existed for half a century, and have been recognized in every form, and by every branch of the government, how shall we be justified if we suffer these treaties to be trampled under foot, and the rights which they were given to secure trodden in the dust? How would Great Britain, after the solemn understanding entered into with her at Ghent, feel after such a breach of faith? And how could I, as a commissioner on the negotiation of that treaty, hold up my head before Great Britain, after being thus made an instrument of fraud and deception, as I assuredly shall be, if the rights of the Indians are to be thus violated, and the treaties, by which they were secured, violated? How could I hold up my head, after such a violation of rights, and say that I am proud of my country, of which we must all wish to be proud?

For myself, I rejoice that I have been spared, and allowed a suitable opportunity to present my views and opinions on this great national subject, so interesting to the national character of the country for justice and equity. I rejoice that the voice which, without charge of presumption or arrogance, I may say, has ever been raised in defence of the oppressed of the human species, has been heard in defence of this most oppressed of all. To me, in that awful hour of death, to which

all must come, and which, with respect to myself, cannot be very far distant, it will be a source of the highest consolation that an opportunity has been found by me, on the floor of the Senate, in the discharge of my official duty, to pronounce my views on a course of policy marked by such wrongs as are calculated to arrest the attention of every one, and that I have raised my humble voice, and pronounced my solemn protest against such wrongs.

I will no longer detain the Senate, but will submit the following propositions:

Resolved, That the Committee on the Judiciary be directed to inquire into the expediency of making further provision, by law, to enable Indian nations, or tribes, to whose use and occupancy lands are secured by treaties concluded between them and the United States, in conformity with the constitution of the United States.

Resolved, That the Committee on Indian Affairs be directed to inquire into the expediency of making further provision, by law, for setting apart a district of country west of the Mississippi river, for such of the Cherokee nation as may be disposed to emigrate and to occupy the same, and for securing in perpetuity the peaceful and undisturbed enjoyment thereof to the emigrants and their descendants.

ON SURRENDERING THE CUMBERLAND ROAD.

IN THE SENATE OF THE UNITED STATES, FEBRUARY 11, 1835.

[A bill making appropriations for the completion of certain portions of the Cumberland Road, and their surrender thereupon to the States, having been reported and discussed by several senators, in favor of and adverse to the Internal Improvement policy, Mr. CLAY spoke in substance as follows:]

I WOULD not say a word now but for the introduction in this discussion of collateral matters not immediately connected with it. I mean to vote for the appropriation contained in the bill, and I shall do so with pleasure, because, under all the circumstances of the case, I feel myself called upon by a sense of imperative necessity to yield my assent to the appropriation. The road will be aandoned, and all the expenditures which have heretofore been made upon it, will be entirely thrown away, unless we now succeed in obtaining an appropriation to put the road in a state of repair. Now, I do not concur with the gentleman (Mr. Ewing) that Ohio can as a matter of strict right demand of the government to keep this road in repair. And why so? Because, by the terms of the compact, under the operation of which the road was made, there was a restricted and defined fund set apart in order to accomplish that object. And that fund measures the obligation of the government. It has been, however, long since exhausted. There is no obligation then on the part of the government to keep the road in repair. But I am free to admit, that considerations of policy will prompt it to adopt that course, in order that an `opportunity shall be presented to the States to take it into their own hands.

The honorable senator from Pennsylvania felicitated himself on having, at a very early epoch, discovered the unconstitutionality of the general government erecting toll gates upon this road, and he voted against the first measure to carry that object into execution. I must say, that for myself, I think the general government have a right to

adopt that course which it deems necessary for the preservation of a road which is made under its own authority. And as a legitimate consequence from the power of making a road, is derived the power of making an improvement on it. That is established; and on that point I am sure the honorable gentleman does not differ from those who were in favor of establishing toll-gates at the period to which I have alluded. I would repeat, that if the power to make a road be conceded, it follows, as a legitimate consequence from that power, that the general government has a right to preserve it. And, if the right to do so, there is no mode of preservation more fitting and suitable than that which results from a moderate toll for keeping up the road, and thus continuing it for all time to come.

The opinion held by the honorable senator at the period to which I have adverted, was not the general opinion. He will well remember that the power which I contended did exist, was sustained in the other branch of the legislature by large majorities. And in that Senate, if I am not mistaken, there were but nine dissentients from the existence of it. If my recollection deceives me not, I had the pleasure of concurring with the distinguished individual who now presides over the deliberations of this body. I think that he, (the Vice President) in common with the majority of the Senate and House of Representatives, coincided in the belief, that a road, constructed under the orders of the general government, ought to be preserved by the authority which brought it into being. Now that is my opinion still. I am not one of those who, on this or any other great national subject, have changed my opinion in consequence of being wrought upon by various conflicting circumstances.

With regard to the general power of making internal improvements, as far as it exists in the opinions I have frequently expressed in both houses, my opinion is still unaltered. But with respect to the expediency of exercising that power, at any period, it must depend upon the circumstances of the times. And in my opinion the power is to be found in the constitution. This belief I have always entertained, and it remains unshaken. I cannot coincide in the opinion expressed by the honorable senator from Pennsylvania and the honorable senator from Massachusetts, in regard to the disposition that is to be made of this road.

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