SENATE.] Attorney General's Department. [APRIL 12, 13, 1830. the grog at present allotted to him, and to supply him fort of our seamen, if he thought the proposed plan would with sugar, wine, coffee, &c. for the remainder. effect the object it contemplated. He had long thought Mr. SPRAGUE wished to have the amendment so mo-that the method of putting up medicines, both for our nadified as to embrace the midshipmen; because it is well vy and merchant service, was extremely defective, and known that the use of spirituous liquors among this class that some improved system ought to be adopted. He reof our naval officers has already produced alarming and collected having introduced a bill, at one period, to corpainful consequences. A boy goes on board one of our rect this evil in the merchant service, by requiring a strict public vessels, and, in a few years, he, by a most impro-examination of the medicine chests of all vessels sailing per use of ardent spirits, becomes a most incorrigible from our ports; but the bill, he believed, never was actdrinker; and is soon incapable of serving either himself ed on. But he thought it extremely doubtful whether or his country. one officer (a Surgeon General) could perform the du Mr. HAYNE said he had no objection to the modifica- ties contemplated in the bill, or rather, he doubted whe tion proposed by Mr. SPRAGUE, and would accept it; ther he could correct the evils complained of, and prothough he thought the gentleman was misinformed as to vided against in the latter clause of the bill. He thought the facts or evils which he alluded to. Mr. H. did not the general proposition a good one; but he would inquire think that intemperance prevailed among our midshipmen. f the Surgeon General could carry it into operation? He They, for the most part, drank wine, which was not fur-asked if this officer could be present at Key West and nished them by the Government, as the gentleman from Boston, Pensacola and New York, Portsmouth and NorMaine [Mr. SPRAGUE] appeared to think, but was laid in folk, Baltimore and New Orleans, or any other port from by one of their own mess, previous to embarkation for a which our public vessels were about to sail, in order to cruise. They, the midshipmen, drew pay for the ration, purchase, superintend, and inspect, the medicines for the and supplied themselves with whatever luxuries or neces- cruise? and also be present at the different ports at which saries they might think proper; so that, if the modifica- these vessels may arrive on their return, in order to extion proposed by Mr. S. was adopted, it would not have amine and decide what medicines are, and what are not, the effect intended. fit for future use? It was evident [Mr. H. said] that there must be some one, on whose judgment they could rely, present at the different ports, to carry the object of the bill into effect. It seemed, therefore, that, though the design was good, there would be insuperable difficulties in the execution. He After a few observations from Mr. DICKERSON, Mr. HAYNE's amendment was then agreed to. Mr. DICKERSON said he thought the passage of the law would be establishing an unnecessary office. thought it would be better to leave the purchase of medicines to the surgeons who go out in our ships of war, who would thus, as it was important they should, always supply themselves with fresh drugs. If, as argued Mr. HAYNE said he would offer a few words in expla by the gentleman from South Carolina, it was important nation, as to the difficulties and objections urged by the for the surgeons at sea to make reports, though he did not gentlemen from Maine and New Jersey. The medicines, see the importance of it, it might be done as heretofore; like all other naval stores, will be furnished on requisitions there was no necessity for creating an office merely to re- from the proper department, in the same manner as he ceive reports. He had heard retrenchment and economy supposed the samples would be sent on to the Surgeon much talked of, and he should like to see it put into prac- General for examination, and by his orders were furnishtice. He was opposed to the creation of unnecessary ofed in the army. They would be put up and secured unfices; he had recorded his vote in opposition to retaining der the immediate inspection of the proper inspecting of a major general in the army, and, as he wished to be un-ficer. The gentleman from New Jersey has said, that derstood, he should ask for the yeas and nays, that he those medicines which remain, after the return of a vesmight record his vote against this bill. sel from a cruise, are entirely "worthless; and, conse Mr. SMITH, of Maryland, said he had not much re-quently, it was unnecessary to provide for their preservaspect for that word "retrenchment." Reform was desi-tion afterwards." Such might be the case; but if it were, rable and necessary; that reform which lops off useless it was to be attributed to the evils complained of, and for expenditures, corrects abuses, gives a judicious direction which the bill provided a remedy. It was well ascertainto the public money, and secures a faithful and effectual ed, by men of science, that, if medicines were properly performance of the public business; and it was evident to put up, if they were secured from the action of light and his mind, from the effects of a similar arrangement in the air, that they would be as good at the end of one, two, or medical department of the army, that such would be the three years, as they are on the first day. consequence of this bill, if carried into a law. Mr. S. The question was then taken, and the bill was ordered went on to show that, from the losses sustained from me-to be engrossed by the following vote: yeas 36, nays 6. dicine, after the termination of a cruise, that the actual saving to the Government, which the provisions of this bill would ensure, would amount to twenty thousand dollars per annum, at the very lowest calculation. Mr. HAYNE, in continuation, argued that, by the passage of the bill, great expense in the medical department of the navy would be saved, and the health and comfort of the seamen would be promoted. He showed, from a report from the War Department, part of which he read, MONDAY, APRIL 12, 1830. The Senate was engaged this day for more than six hours on Executive business. TUESDAY, APRIL 13, 1830. ATTORNEY GENERAL'S DEPARTMENT. On motion of Mr. ROWAN, the Senate took up the bill that, by the adoption of the system in the army, order to organize the Attorney General's department, and to and regularity had taken place of confusion, and an an-erect it into an Executive office. nual saving was made of near forty thousand dollars. The Mr. BARTON deemed the bill a very inadequate rebill did not proceed entirely from the Naval Committee, medy for any existing evils in the law department of the but was the result of a thorough examination of the sub- Government, or in the manner of collecting the revenue. ject, and of a fair and perfect understanding with the He thought the measure proposed inexpedient. He Navy Department. thought that, where an evil did exist, a proper remedy ought to be applied; and believing that the Government of the United States was old enough, a Home Department, to take charge of the internal concerns of the country, ought to be established. His opinion was, that the period was Mr. HOLMES observed, that he did not object to the bill in consequence of the additional expense that might be incurred (if, indeed, there should be any additional expense) on so important a subject as the health and com APRIL 13, 1830.] Attorney General's Department. [SENATE. not very remote, if it had not now arrived, when it would there would not be much much time left to devote to be necessary to confine the Secretary of State to the ap- private practice, if the public business received proper propriate duties of his office, and transfer the internal attention. But even if it should not engross all his time, concerns of the country to another department. As to and he should engage in the service of private individuals, the Attorney General, he ought to conduct a subordinate he cannot foresee what time the public service will demand branch of the Home Department, and not be the head of his attention; and if he should endeavor to secure the it, as proposed by the bill, which made him half a law of- emoluments of private practice, it will often be at the ficer, and half a head of a Department, with a large in- expense of his official duties, and consequently, injurious crease of salary for various duties which he cannot per- to the interests of the United States. He thought that form. If this bill passed, and the Attorney General was nothing ought to be left to the discretion of the Attorney metamorphosed into the head of a bureau, an assistant must General. The salary was sufficient to secure the highest be appointed, who, like all other deputies, would have to grade of professional talent, and he presumed it was perform most of the duties. thought so by the committee who reported the bill. It Mr. ROWAN moved to fill the blanks in the hill so as to was as great as the compensation allowed to any of the give to the clerk to be appointed a salary of fourteen hun-heads of Department, or any of the high officers of Govdred dollars per annum, and to the messenger and ass stcrament, and these were all prohibited from the practice ant messenger, the salaries of seven hundred dollars and of law in all the inferior courts of the United States; and three hundred and fifty dollars; which motions were carried. he thought they ought also to be prohibited from practice Mr. FORSYTH moved, as an amendment, a proviso, in all courts. He said he had no particular anxiety about that "the Attorney General shall not, during his continu-either the bill or the amendment; but if the one was ance in office, engage in any private practice in the courts carried into operation, he thought the other should sucof the United States, or of the States." It appeared to ceed. Mr. F. that the duties prescribed to the Attorney Gen- Mr. HOLMES thought that his motion to recommit eral by the bill would require his undivided attention, was sufficiently distinct, and understood by every gentleand render it impossible for him to attend the courts, un-man. He thought that some of the duties, if not all, less to conduct cases in which the United States were concerned. proposed by the bill to be imposed on the Attorney General, should be done by another Department. It did not Mr. ROWAN said that, the objections urged, and the become him to direct the committee; he did not think it remedy proposed, by the gentleman from Georgia, [Mr. proper for him to do so; they ought on all such matters to FORSYTH] had occurred to the Committee who reported have a proper latitude given them. To say that if his the bill, but the evils did not appear to them in the same resolution prevailed the bill could not be perfected this light that they had appeared to strike the mind of the session was no argument with him; neither of the Execu gentleman from Georgia. Indeed, he thought the amend-tive Departments were perfected at once: all of them ment rather a matter of supererogation. If it should be were gradually established as experience and expedience found that, after the performance of all the duties pre-showed and prescribed. He was opposed to this bill, because scribed in the bill, together with the duties already im- he was opposed to the creation of an unnecessary office. posed on him, the Attorney General had still leisure, he Where an office was really necessary, he never would be was of the opinion that, by employing such leisure in the found to vote against its establishment. practice of the higher courts of law, his intellect would Mr. McKINLEY said he was not very solicitous about be strengthened, his mind improved, and his legal acquire- the bill; nevertheless, he considered that a change was ments increased, so as to enable him to render more effi- necessary in the organization of the Law Department of cient and distinguished service to the Government. If the Government; and if gentlemen would devise a better the duties of the office should engross the whole time of one than the present, he would yield it his support. He the Attorney General, then the amendment would be en- believed that in nofcountry was the Law Department in so tirely unnecessary. It appeared, therefore, that the wretched a condition as in the United States. Some of amendment was either unnecessary or injudicious. As our most important legal affairs are entrusted to an officer he had said before, it would be unnecessary, if the duties who, he believed, was no lawyer; and whose compensaprescribed in the bill should engross his whole time, be-tion was not sufficient to command a high grade of intelcause it would then be impossible for him to attend to lectual endowment. Mr. McK. said he knew a circumprivate practice; and, if he should have leisure, after per-stance which illustrated this position. It related to the forming his public duties, it would be injudicious, nay, celebrated Yazoo claim. The amount was large, and the injurious to the United States, to prevent him from that District Attorney of the United States was directed by the intellectual exercise which would prepare him for the Comptroller to make the best defence he could for the more effectual performance of his public duties. Government; but not one tittle of testimony was furnished Mr. FORSYTH observed that he admitted the correct-him for that purpose. This, and such evils as this, would ness of the observation of the gentleman from Kentucky be corrected by the provisions of the bill. It will then [Mr. RowAN] that the exercise of the faculties not only become the duty of the Attorney General to direct the sharpens, but invigorates the human faculties; and the District Attorneys, and to furnish them with the best testionly difference between the gentleman from Kentucky mony that can be procured to substantiate the claims of [ Mr. R.] and himself, was this: Mr. R. appears to appre-the Government, or to defend it from the imposition of hend, that, after a faithful and thorough performance of creditors. If this course were pursued, and a rigid reall the duties imposed by the bill, in addition to those spous bility introduced, those abuses that have crept in already assigned him, the Attorney General will have would be corrected; and he believed that a saving from sufficient leisure to attend to private practice. Mr. F.half to a million of dollars annually, to the Government, thought differently. The duties of the office would be would be the result. He thought it would not be so dffigreat and various, Independent of the present duties of cult to induce gentlemen of the first legal and intellectual the office, he would have others from the Lard, the powers to accept the office, as the gentleman from MassaFreasury, and the Patent Office-he would be subject to chusetts, [Mr. WEBSTER] seemed to think. If, however, the orders of the President of the United States, and a better remedy for the evil were devised, he would have would be liable to be called on to go to any part of the no objections to give it his support. United States, to represent the nation in the courts of Mr. FRELINGHUYSEN felt friendly to the bill, but justice. If such were to be the outline of his duties, (and he was opposed to those sections which imposed on the it appeared to him that the bill pointed to that course) Attorney General the task of superintending the concerns SENATE.] The Indians. [APRIL 13, 1830. of the Patent Office, and the publication of the laws. It other department. The navy had its appropriate duties; was highly important, however, that some officer should but he could not see what relation Indian affairs had to the be appointed to attend to the collection of the revenue, War Department, the Patent Office to the State Departand to direct the various suits which it might become ment, or the public lands with the treasury, to which they necessary for the United States to bring. The Senator are at present attached. The duties of these offices were from Missouri admitted there were evils in the present of sufficient importance to demand a separate department system, and he hoped he would agree to apply the reme-independent of the law office, provided for in the bill. He dy to a part of them, if the whole could not be reached. did not know whether the term Home Department, would It had been stated some days ago, by a Senator on this be an appropriate name for the office to which these dufloor, [Mr. WEBSTER] that a bill had been in progress, ties should be arranged; but the subject had been so long and considerably matured, in the other House, to appoint before the public, and had been so ably and so minutely an officer to manage the important business of the collec- discussed, that he presumed all were acquainted with the tion of the revenue; but that the friends of the bill had meaning it conveyed, and the duties to be assigned it. abandoned it in despair, because of the numberless appli- Mr. WEBSTER doubted the existence of the evils the cations from incompetent persons for the office to be cre- bill was proposed to remedy. He should like much to see ated. Now, [said Mr. F.] that will always be the case, in detail, the losses and crosses that had been so much comunless you establish an office with a high salary, and re-plained of. It was easy to say, that the Government had quiring the talents of an eminent jurist. It was not neces- sustained losses under the present system; it might be true, sary that the law officer to be appointed should per- or there might be an error as to facts. Every great cresonally attend to petty collections; but let him be the head ditor, like the Government of the United States, necessaof the system-let it go abroad that such an officer has the rily had bad debts; but this usual consequence of large charge of the business, and all those inferior agents who dealings, was no evidence of the badness of the system. have been complained of will feel his power, and properly His opinion was, the system wanted enlargement, not attend to the duties. change. He did not believe any good would result from Being in favor of the system, though with some slight the metamorphosis of the Attorney General into the head objections to the present bill, he should vote for the of a bureau; nor did he believe it possible for any one inmotion of the Senator from Maine, [Mr. HOLMES] to re-dividual to attend to the duties of both departments. One commit it, that it might be again presented in a more word as to the amendment proposed by the gentleman favorable shape. from Georgia. His [Mr. F's.] opinion was, that, if the bill created an executive officer--a head of a department, Mr. SANFORD advocated the bill. Mr. HOLMES observed, that the salary of the Attorney with a salary equivalent to that of the heads of the present General was now fixed at three thousand five hundred Executive Departments--he should confine himself strictly dollars per annum; and the reason why it was not so large to the duties of his office, and be debarred from engaging as the salaries of other heads of Departments was, that, by in any law practice in which the United States was not being permitted to pursue his other avocations, which concerned. Now, [said Mr. W.] that is as reasonable as were acknowledged to be profitable, he more than made for a gentleman to tell his physician, that he should not up to himself the amount of compensation received by the feel the pulse of any other human being. He, [Mr. W.] others who were confined to their offices. If this bill in- if the bill passed, would go farther than the gentleman tended to establish a Home Department, let it be called from Georgia; he would say to such an officer, you shall so, and made so, instead of legislating for the benefit of a not only not engage in any private practice, but you shall particular individual, and giving him the high salary of a not be trusted with the management of any law business of head of a department, and permitting him to devote his the Government. Make this proviso, [said Mr. W.] and time to the practice of his lucrative profession This was the bill would be a sensible one; the officer would be, legislating for the people--economy and retrenchment what he ought to be, an agent of the treasury; leaving the with a vengeance. Mr. H. had intended to offer a Attorney General to manage the law concerns of the Goresolution to re-commit the bill, with instructions to report vernment, and, by continual practice, to keep himself one to establish a Home Department; but for us in the bright in his profession. minority [said he] there is little chance of our successfully maintaining any proposition we make. Mr. W. then argued on the inconsistency of combining the Law Department with a branch of the Treasury DeMr. JOHNSTON thought the time had arrived when partment; of confining the highest law officer of the Govan attempt at least should be made to organize a depart- ernment to the desk of a bureau, examining accounts, and ment such as that contemplated by the bill. There were superintending clerks, instead of sending him into the duties, [he said] appended to the Treasury, State, and courts; and contended that the bill imposed duties on the War Departments, which did not properly belong to them; Attorney General impossible for him to perform consistentand which ought to be transferred to a separate and dis-ly with the duties rightly belonging to him. tinct department. He approved of the bill as far as it goes. Mr. KING then moved to lay the bill on the table. A There ought, he thought, to be a head through the agen- bill [he said] was under discussion, some days past, recy of which the claims, &c. of our Government against in-ported by the Committee on Indian Affairs, providing for dividuals, should be prosecuted, and debts due the Govern- the removal of the Indians west of the Mississippi; and as ment collected. He said that at the present me, the there was no probability that a final decision could be debts due the United States, amounted to near four mil- made at present on the bill before the Senate, he wished lions of dollars; and that the greater part of this sum the one he had mentioned taken up and disposed of. was in suit, and the agency of which was reposed in the hands of an officer, who, though a good and meritorious one, was no lawyer, and had consequently to depend, in the prosecution of his duty, on the legal advice of the Attorney General. He thought, therefore, that there was not that strict responsibility in the present system, which the magnitude of the office demanded; and which he believed the provisions of the bill would meet. But there Mr. McKINLEY concluded, in answer to Mr. FREwere others, and anomalous duties, imposed on the Attor- LINGHUYSEN; when Mr. FORSYTH, also in reply to ney General by the bill, to which Mr. J. cbjected. Our Mr. F. occupied the floor until the usual hour of adjourn Indians, our Patent Office, and public lands, required an-ment. The motion was agreed to. THE INDIANS. The unfinished business was then resumed on the bill to provide for an exchange of lands with the Indians residing in any of the States or territories, and for their removal west of the river Mississippi. APRIL 14, 15, 1830.] WEDNESDAY, APRIL 14, 1830. The Indians. The Senate resumed the bill to provide for an exchange of lands with the Indians. Mr. FORSYTH continued his remarks on the subject, until the usual hour of adjournment. THURSDAY, APRIL 15, 1830. The Senate resumed the bill to provide for an exchange of lands with the Indians, and at three o'clock Mr. FORSYTH concluded in reply to Mr. FRELINGHUYSEN. [The following is the substance of the remarks of Mr. F.] After an inquiry to the mover of the amendment, [Mr. FRELINGHUYSEN] and an explanation of his purpose, Mr. FORSYTH said [SENATE. Now, sir, although we dread no responsibility, I have so much kindness for the Senator as to wish to satisfy him, that there is no occasion for an assault upon us, notwithstanding he displayed so little sympathy for the whites--a circumstance not wonderful, however-having exhausted all his sympathy upon the red men, none for the whites could be reasonably looked for from him. I propose then, sir, for his relief, to show that, considering this as a treaty question, arising under a fair exercise of the treaty making power with a foreign Government, entirely unconnected with any disputes about the relative power of the State Government, and the Government of the United States, that Georgia stands perfectly justified, upon his own principles, in the steps she has chosen to take with regard to those Cherokees who reside within her territorial limits. The gentleman asserts that the Creeks and I regret, sir, that the amendment to the bill, proposed Cherokees are acknowledged to be independent nations, by the Senator from New Jersey, is not more definite and by treaties made, first with Georgia, and lastly with the precise. His explanation of its purpose is not more satis- United States; that the independence of those tribes is factory, than the amendment itself, and it is only by look- guarantied by the United States; that treaties with the ing to his speech that we are relieved from embarrass- United States are the supreme laws of the land, and must ment. His amendment and explanation leaves us to con- be executed, although in collision with State constitutions jecture whether he intends that the United States shall and State laws. The independence of the tribes rests on interfere with the Indians in the old States north of the this argument-that the formation of a treaty is, between Roanoke or not. His speech was plain enough. The In- the parties, an acknowledgment of mutual independence. dians in New York, New England, Virginia, &c. &c. are I will not stop to show the numerous exceptions to this to be left to the tender mercies of those States, while the rule; insisting, however, that the gentieman shall admit, arm of the General Government is to be extended to pro- what I presume nobody will deny, that the two parties to tect the Choctaws, Chickasaws, Creeks, and especially the a treaty, independent when it was made, may, by the Cherokees, from the anticipated oppressions of Missis- terms of that instrument, change their characters, and assippi, Alabama, and Georgia. We thank the gentleman sume those of sovereign and dependent. The gentlefor his amiable discrimination in our favor. He, no doubt, man has thought proper to refer to the Creeks; why, I hopes that his zeal and industry in the Indian cause will cannot tell; they, at least, have now no business with be crowned with success; that he will be able to persuade Georgia. We are rid of them, and I hope the gentleman the Senate, and his friends in the House of Representa- has no desire to bring them back upon us to aid the Chetives, to interfere, and compel the President to take new rokees. But, as he has referred to them, I will ask his views of the relative power of the State and General Go- attention to the first article of the treaty of Galphinton, vernments, and that under these new views the physical concluded on the 12th November, 1785, parts of which he force of the country will be used, if necessary, to arrest bas himself quoted: the progress of Georgia. The expectation the gentleman has expressed, that Georgia will yield, in the event of this desirable change in the Executive course, is entirely vain. The gentleman must not indulge it; with a full and fair examination of what is right and proper, Georgia has taken her course and will pursue it. The al- Is not this article broad enough to sustain the claim of ternative to which the Senator looks, of coercion, must be the State to the sovereignty over the Creeks? If they the result. While I entertain no fears that the gentle- were members of the State, as they acknowledged themman's hopes will be realized, I consider it a matter of con- selves to have been, from the adoption of the constitution science, before entering upon the discussion of the gene- of Georgia, what became of their separate and independral subject of the bill, to relieve the Senator from any appre-ent character as a nation or tribe? So much for the hension that it may become necessary to cut white throats in Creeks. I will not, in tenderness to the lately defunct Georgia to preserve inviolate the national faith, and to administration, say more on this chapter of our Indian hisperform our treaty engagements to the Indians. It is true, the gentleman displays no morbid sensibility at the idea of shedding the blood of white men in this crusade in favor of Indian rights. [Mr. FRELINGHUYSEN explained: he did not say he felt no morbid sensibility at the idea of shedding blood in defence of the Indians.] "Article 1. The said Indians, for themselves, and all the tribes or towns within their respective nations, within the limits of the State of Georgia, have been, and now are, members of the same, since the day and date of the constitution of the said State of Georgia." tory. How stands it with the Cherokees? Their situation differed from that of the Creeks in this: all the Creeks who were within the United States occupied land within the territorial limits of Georgia; the Cherokees occupied a territory in North Carolina, South Carolina, and Georgia, the greater number being in North Carolina. The treaty of De Wett's Corner, formed May 16, 1777, with Mr. FORSYTH continued: I would not misapprehend South Carolina and Georgia, by the Cherokees, settles the the gentleman for the world, and no inducement could question with the Cherokees. The first article of this tempt me to misrepresent him; but I cannot be mistaken treaty is in these words: in the impression made by his remarks. The gentleman "Article 1. The Cherokee Nation acknowledged that eulogized Mr. Jefferson for his letter to General Knox, of the troops, during the last summer, repeatedly defeated the 10th of August, 1791. He dwelt with peculiar em- their forces, victoriously penetrated through their lower phasis on the spirit of that letter, and said Mr. Jefferson towns, middle settlements, and valleys; and quietly and had no morbid sensibility at the idea of shedding blood in unopposed, built, held, and continue to occupy, the fort defence of the Indians against the whites. He wished ardently that the present Executive had spoken with the firmness and in the spirit of that letter to Georgia; he believed Georgia would have yielded, and would now yield to such language from the Executive; if she did not, the responsibility of the blood shed would be upon her head. at Esenneca, thereby did effect and maintain the conquest of all the Cherokee lands eastward of the Unicaye mountain; and to and for their people, did acquire, possess, and yet continue to hold, in and over the said lands, all and singular, the rights incidental to conquest; and the Cherokee nation, in consequence thereof, do cede the said SENATE.] The Indians. [APRIL 15, 1830. lands to the said people, the people of South Carolina." this transfer by the United States of a power granted to You see, sir, the Cherokees admit that South Carolina them and intended to be used by the United States only. had, by conquest, acquired a right to all the land in the They may prove it, if they choose, an act of injustice to valleys below the Unicaye mountains. These mountains the Cherokees-a violation of faith. We will not take lie in Tennessee, beyond the territorial claims of South the trouble to interfere with such questions. The United Carolina and Georgia. South Carolina conquered the States obtained, by treaty, the power to legislate over country from their red neighbors; the right of conquest the Cherokees, and transferred it to Georgia. The justice is admitted: the benefit of that conquest was, according and propriety of this transfer must be settled by the In this settlement to the well known rights of Georgia and South Carolina, United States and the Cherokees. with both of whom the treaty was formed, to be enjoyed Georgia has her burthen to bear, as one of the members respectively by those States. But this is not all: no sub-of the Union; but no more than her fair proportion. If sequent change in the political condition of the United any pecuniary sacrifices are required to do justice to the States can be used as a pretext for denying to Georgia the injured, let them be made: if a sacrifice of blood is declaim to sovereignty over the Cherokees within her limits.manded as a propitiation for this sin, to avert the judg We stand impregnably fortified upon treaties to which the ment of Heaven, let the victim be selected. Justice deUnited States are parties. Every professional man who mands that it be furnished by the whole country, and not remembers his Blackstone, knows that legislation is the by Georgia, and if the honorable Senator from New Jerhighest act of sovereignty. Now, sir, by the ninth arti- sey will fix upon one between the Delaware and the cle of the treaty of Hopewell, of the 28th November, Hudson, he will escape all imputations of being actuated 1785, a treaty which begins with these words: "the by any motive but the love of justice--pure justice. For United States give peace to all the Cherokees, and re-us it is enough to have shown, that what we claim is in ceive them into their favor and protection;" strange words our bond, and until the gentleman can rail off the seal, to be used to an unconquered and independent nations the our claim must be allowed, though it should extend to Cherokees surrender to Congress the power of legislating the penalty of a pound of flesh. Yes, sir, we claim, and for them at discretion. I pray the gentleman to hear it. we will have the penalty of the bond--the pound of flesh, "For the benefit and comfort of the Indians, and for not in the Shylock spirit to destroy; we will take it upon the prevention of injuries or oppressions on the part of the conditions prescribed by the learned doctor in the the citizens or Indians, the United States in Congress as- court of Venice, the gentle Portia-"Not one drop of sembled, shall have the sole and exclusive right of regu-blood shall be shed;" we will take our "just pound," lating trade with the Indians, and managing all their af- neither "more nor less, by one poor scruple:" the balfairs in such manner as they think proper."* This trea-ance in which our rights are weighed shall stand precisety, with all its burthens and benefits, fell to the new Go-ly even; neither scale shall descend below the other "the vernment under the constitution, when it was establish-ninth part of a hair." Respect for the Senator from New ed, and the power of legislating at discretion, to prevent Jersey will not permit me to charge him with any preinjuries or oppressions on the part of the citizens or In-meditated obliquity of vision; but certainly, when it is redians, was one of the benefits secured by it. So much for collected that all the treaties I have presented to the Scthe independence of the Cherokee nation. It may be nate were examined and quoted by him, it is strange by asked, however, what has this treaty to do with the ques-what fatality it was, that his eye did not for a moment tion between Georgia and the Cherokee Government? rest upon either of the pregnant provisions to which I It does not follow that, because the United States have have endeavored to direct his attention. There they Sovereignty over the Cherokees, that the State has it? stand, conclusive refutations of all his arguments foundThe compact made by the United States with Georgia, cd upon other provisions of the same or subsequent inin 1802, furnishes the satisfactory answer to this inquiry. struments, unless he is able to prove that they have been The United States, having acquired, by the ninth article formally altered by the parties to them. of the treaty of Hopewell, the power of legislation over Sir, [said Mr. F.] having shown, if not to the satisfacthe Cherokees, had the goodness to transfer it to the tion of the Senator from New Jersey, I trust to that of the State. Let us see, sir, what this compact is. By the Senate, that upon the principles assumed by the adverfirst article, Georgia ceded to the United States all her saries of the bill, Georgia stands justified in her course; I right, claim, title, &c. to the jurisdiction and soil of the shall proceed to submit a few observations on the subject lands lying west of the Cattahoochie, as far as Mississippi, of the disposition which ought to be made of the In&c. on specified conditions. By the second article, the dians within the United States. The preliminary inqui United States accept the cession on the conditions expres-ry was not merely with a view to relieve the mind of the sed, and they "cede to the State of Georgia, whatever Senator from New Jersey from painful apprehensions, claim, right, or title, they may have to the jurisdiction and but to show to the Senate that our opinions on the great soil of any lands, lying within the United States, and out subject of the aborigines were not formed to suit our inof the proper boundaries of any other State, and situated terests, nor at all influenced by them; that there was no south of the Southern boundaries of the States of Tennes-motive operating upon our minds to tempt us into errosee, North Carolina, and South Carolina, and east of the neous judgments. The condition of the remnants of the boundary line herein above described, as the Eastern once formidable tribes of Indians is known to be deploboundary of the territory ceded by Georgia to the United rable: all admit that there is something due to the reStates." The Senator from New Jersey may be assured, maining individuals of the race; all desire to grant more that the Cherokees, over whom the Georgia laws are to ope- than is justly due for their preservation and civilization. rate, live upon the territory described in the second article Recently great efforts have been made to excite the public of the compact of 1802, south of Tennessee, North Caro- mind into a state of unreasonable and jealous apprehenlina, and South Carolina, and east of the Cattahoochie. sien in their behalf. The evidences of these efforts are Gentlemen may amuse themselves with finding fault with before us in petitions that have been pouring in from different parts of the country. The clergy, the laity, the lawyers, and the ladies, have been dragged into the ser vice and united to press upon us. But these efforts have been unavailing: the people are too well informed to be deluded; they have too much confidence in the justice and wisdom of the administration to be misled by per sons who have united, at this eleventh hour, in opposi The 8th article of the treaty with the Chock aws, of the 3d January, 1785, and the 8th article of the treaty with the Chickasaws, of th 10th January, 1786, both concluded at Hopewell, are copies of this article. Congress have powers, by this article, to legislate at discretion, for the Cherokees, Chocktaws, and Chickasaws, A bill to remove them against their consent, if Congress believed such removal necessary for their preservation and prosperity, might be vindicated under them. |