SENATE.] Internal Improvement. [APRIL 16, 1830. curing the transportation of troops and stores, with a safe regretted that he did not agree in opinion with the Board commercial intercouse, without the possibility of interrup- of Engineers, as he was decidedly friendly to the work; tion from an enemy. Part of the system was now already but he was convinced that the hope of obtaining water by in operation. We have a commerce from the Delaware filtration was futile in the extreme. In the beginning of to Norfolk, which no enemy can molest. He thought that, the year, water could be obtained by that process in abun having already spent ten thousand dollars in ascertaining dance: but when the dry season commenced, the evapothe practicability of the measure proposed in the bill, Con- ration was such that water could only be found at a disgress ought not now to hesitate, but to go on, regardless tance of sixteen feet; even the wells were left dry. Mr. of the paltry expense to be farther incurred. In reply to F. was not going to place his opinion in opposition to that some remarks of Mr. DICKERSON, that, although filtration of the gentleman at the head of the engineer corps: he had might be depended on for a supply of water during some the highest respect for his talents and scientific attainseasons of the year, yet, in the dry seasons, the supply ments; and, so far as that gentleman's professional knowwould fail from evaporation, Mr. L. would make one or ledge extended, he would yield to him; but, in matters two remarks. He lived in a country similar to the one where his own observation was sufficient to form an opinion, through which the canal is to run, and in that country, he would yield to no one. Besides, the chief engineer did (Louisiana) water was always to be obtained by filtration. not go on the ground; he was obliged, in making up his The water was found never lower than two feet from the reports, to get the principal part of his information, as to surface. But Mr. L. did not rely on his own information, the face of the country, from an ignorant and sparse popusolely; he had formed his opinion from the report of the lation. In answer to the remarks as to the money expendhead of the engineer corps, [General Barnard] whom Mr. ed on Internal Improvements in the South, he would say L. eulogised as one of the most able and scientific men in that the South had been hardly dealt with. It was well this or any country. Mr. L. deprecated the idea of aban- known that the gentlemen who represented that section doning an object that promised to be of such vast utility, of the country had constitutional scruples, which preventon account of the trifling expense to be incurred. Talk ed them from voting for appropriations for works of Inof a breakwater [said he] at the mouth of the Delaware, ternal Improvement. The gentlemen in the majority, who and no objection is made to the appropriation of millions; advocate such measures, had no such scruples. Why, then, but for the South comparatively nothing was done. When did they not sometimes extend their bounty to the South? Of this, the greatest of all national works, calculated to be of all the various works of Internal Improvement, on which the greatest benefit to the commerce of the North and millions had been expended, where were any for the benefit East, as well as of the South, and unequalled for the pur- of the South? The money of the Government had been pourposes of commercial safety and cheapness of defence in time of war, the cost of a few thousand dollars is to be counted. Mr. FOOT thought it a little remarkable that the gentleman from Louisiana [Mr. LIVINGSTON] should say that the East were opposed to the appropriation of money for the improvement of the South. [Here Mr. LIVINGSTON explained: he did not charge the East particularly with opposition to improvements in the South.] Mr. FOOT continued. The Senator from Louisiana did say that we freely gave two millions for the erection of a breakwater at the mouth of the Delaware, but objected to expend ten thousand in the Southern States; and that such a work was as advantageous to the people of the East as to those of the South. If [said Mr. F.] it be as advantageous to the East as to the South, he could see no reason why the East should oppose it. For his own part, he would vote against striking out the section. He was willing to make the experiment, though he did not believe that the work would turn out practicable; it depended entirely on an isolated contingency-alluvial soil. Mr. LIVINGSTON asked for the ayes and noes on the question, which were ordered. ed in one continued stream on more favored sections of the Union, while the South had been entirely neglected. All the gentlemen who were in favor of such measures professed their willingness to vote for appropriations for Internal Improvements in the South, but they waited to be solicited to do so by the Southern members, and they will consider solicitation as an abandonment of principle. How many appropriations, he would ask, had been made for the South? For the State of Georgia, not a dollar. An application was made to the General Government for the expenditure of a small sum in Georgia, for an object deemed of importance to her, and the President refused, on the ground that no officer of the engineer corps could be spared, and that the money had already been expended on objects of greater importance. Mr. F. trusted that the time would come when the Southern States would see their true interests, and demand of Congress, if the principle must be carried on, their full share of the money expended. Mr. JOHNSTON said, it was true, little was done for the South, by way of appropriations for Internal Improvements; but that did not arise from any hostility on the part of the East to the South, but from the fact that the South would not only not ask, but even not receive, apMr. CLAYTON said the question now to be decided propriations for Internal Improvements. He observed was, whether we will appropriate ten thousand dollars for that appropriations had been made for every object in the the purpose of ascertaining the practicability of the con- South, for which they had been asked; and the East extemplated canal. The gentleman from Louisiana says that pressed pleasure in making such appropriations; but it nothing will be done for the Southern States. Mr. C. re- was well known that Congress never made appropria pelled this assertion, and observed that, as he understood tions, unless on the application of a State, a Committee, the gentleman from New-Jersey, [Mr. DICKERSON] his or a Representative. When an appropriation is asked by objection to the appropriation was founded upon the soil, the South, it will be cheerfully granted. There is, at or rather the supposed impracticability of the undertak-present, [said Mr. J.] a proposition before Congress for a ing, and not from sectional motives. Mr. C. made no subscription to stock in a rail-road company in the South; such objections. He thought it a work of great national but, when it comes up for consideration, we may perhaps importance to the East, South, and West, and exceeded be told that it is unconstitutional and unjust to grant it. by none in the Union. Mr. KING observed, that no one could have a greater Mr. FORSYTH said, the gentleman from Delaware inclination than himself to favor the plan of a canal from seemed to think that the practicability of making the ca- the Atlantic to the Gulf of Mexico, by which a most dan nal depended upon the cost. Now, the practicability of gerous navigation would be avoided. He had voted for making a canal depended upon the nature of the country; the survey, under the hope that a channel might be made the propriety of making the appropriation was a question for vessels which navigate the ocean; but, from examinaof amount. No one doubted that the canal could be made, tion of the report, his mind had been brought to the conif an adequate supply of water could be obtained. He clusion that this was wholly impracticable. The country APRIL 17, 1830.] The Indians. [SENATE. proposed to be canalled was not like that bordering on amount of sales of the public lands lying in the State of the Mississippi, where, if a hole is sunk two feet deep, it Indiana, amounted the last year to four hundred and ninetyis immediately filled with water; but the canal is to be one two thousand dollars. Now this bill appropriated two hundred and thirty feet above the level of the sea, the hundred and thirty-two thousand four hundred dollars, water to be supplied by filtration, and that in such small and that of last year amounted to two hundred and twenquantities as to make a navigation but for boats of small bur- ty thousand dollars; adding these two sums together, with then. Was any gentleman willing to make an appro- the commissions chargeable on the sales, and there is left priation to ascertain the practicability of cutting a canal the paltry sum of fifteen thousand dollars to flow into the through which sea vessels cannot pass? For his part, he treasury. Thus then it appeared that, for this single road, was most favorably disposed towards the measure; the two years of appropriations have nearly consumed the section of country he immediately represented was deeply amount arising from the last year's sales of land in one of interested in the subject; and, could he believe that any the most flourishing of the new States. He had made this practical good would result from making the appropria- statement, and submitted it to the Senate without comment. tion, he should unhesitatingly vote for it. Mr. HENDRICKS replied, that the gentleman from Mr. LIVINGSTON deprecated the opposition which Virginia had made an estimate showing that the sales of arose from the dimensions of the canal. He thought that, lands in Indiana had amounted in the last year to four hunin times of war, vessels drawing seven feet water would dred and ninety-two thousand dollars, the appropriation be as useful as those drawing fifteen. Some wanted a ca- of this year to two hundred and thirty-two thousand four nal ten feet deep, some seven, and some five; and, unless hundred dollars, and the appropriations of the last year they obtained such as they wanted, they would vote to two hundred and twenty thousand dollars. Now, he against all. This [said Mr. L.] is not my plan. One gen- would only remark, how obviously unfair this statement tleman says he will vote against this question, though he was. The gentleman contrasted the receipts from the would not vote for it in a different shape. But how is it sales of public lands for one year in one State, with the to be known whether that other will be presented us? amount expended on works of internal improvement in And, if another question were presented us, those who four States in two years. voted for this would, perhaps, object to vote for the other. The question was then taken, and the amendments were If the friends of Internal Improvement wished that sys-ordered to be engrossed, and the bill read a third time. tem to prosper; if they wished it to become the permanent policy of the country, they must make the benefits resulting from it reciprocal; otherwise, it must fail; he predicted that it would be utterly abandoned. THE INDIANS. The Senate resumed, as the unfinished business, the bill providing for an exchange of lands with the Indians residing in the United States, and their removal beyond the Mississippi, when Mr. SPRAGUE addressed the Senate at length against the bill, and in reply to Mr. FORSYTH; and occupied the floor to a late hour. SATURDAY, APRIL 17, 1830. After some further observations from Mr. FORSYTH, Mr. CHAMBERS said he had paid some attention to this subject, and it appeared to him that the objections urged to the section under debate were groundless. He would beg leave to call the attention of the Senator from Georgia, and others who objected to the appropriation, to the report of the Secretary at War on this subject, from which it appeared, that, in order to complete the survey, it was necessary to sink shafts in part of the route of the canal, and some other measures adopted, in order to ascertain if twenty-five miles could be supplied with The gentleman who has just resumed his seat (Mr. FORwater by percolation. On this point the scientific gentle- SYTH) has indulged in a wide range of remark in defence men who had made the survey, appeared to doubt, and of his State, against imputations which he supposed to he thought that means onglit to be afforded for solving have been elsewhere cast upon her. This course may these doubts. He was willing to make the experiment, and to suffer the bill to pass in its present shape. The question was then taken on striking out the amend ment, and it was decided in the negative-Yeas 15, nays 31, as follows: YEAS-Messrs. Adams, Bibb, Brown, Dickerson, Ellis, Forsyth, Grundy, Hayne, Iredell, King, Smith, of S. C., Tazewell, Troup, Tyler, White-15. have been very proper in him-I fully appreciate the motive which induced it. But I have no occasion to follow him; I have no wish to derogate in the least from the character of Georgia, but rather that it should be as elevated as her most devoted sons can desire. I shall speak of her so far only as may seem necessary to the free discussion of the subject before us. This bill and amendment, and the discussion which they NAYS-Messrs. Barnard, Barton, Bell, Benton, Bur- have produced, [said Mr. S.] involve the question of the net, Chambers, Chase, Clayton, Dudley, Foot, Freling- rights and duties of the United States, with respect to the huysen, Hendricks, Holmes, Johnston, Kane, Knight, Li-Indian tribes generally, but more especially the Cherc vingston, McKinley, McLean, Marks, Naudain, Noble, kees. With that people we have not less than fifteen treaRobbins, Rowan, Ruggles, Sanford, Seymour, Silsbee, Sprague, Webster, Willey-31. Mr. TYLER then said that he did not rise to make a speech against the bill. The time for that had, he feared, gone by. He rose to state a fact, to show how this Government acted. Commencing with a principle narrow and restricted, it served as an apology for unlimited and unrestrained action; let it put out once to sea, and whatever port it held in view at the time, it very soon found itself at large upon the ocean, and visited in its course every coast and harbor. So in reference to this road. The Government started upon the principle of devoting to the construction of this road three per cent. arising out of the sales of the public lands lying in Ohio, Indiana and Illinois, and in what had it terminated? He desired to call the attention of the Senate to the facts. The whole ties; the first made in the year 1785, and the last in 1819. By several of these treaties, we have unequivocally guarantied to them that they shall forever enjoy- 1st. Their separate existence, as a political community. 2d. Undisturbed possession and full enjoyment of their lands, within certain boundaries, which are duly defined and fully described. 3d. The protection of the United States against all interference with, or encroachments upon, their rights, by any people, State, or nation. For these promises, on our part, we received ample consideration By the restoration and establishing of peace. By the promise on their part to treat with no other SENATE.] The Indians. [APRIL 17, 1830. within that State; and it is not now, and has not been for at least one generation, either claimed or occupied by the Indians. What right can that confer on Georgia, to lands now owned and possessed by the Cherokees? These treaties were made with all the forms and solem- The treaty next cited was that of Dewitt's corner, A. nities which could give them force and efficacy; by com- D. 1777, between South Carolina, Georgia, and the Chermissioners, duly appointed with full power; ratified by okees, by which the latter acknowledged that a portion the Senate; confirmed by the President; and announced of their country, extending as far as the Unacaye mounto the world, by his proclamation, as the binding compact tain had been conquered, and they made a cession of the of the nation, and the supreme law of the land. same by defined boundaries, to South Carolina, and to her The Cherokees now come to us, and say that their only. The conquered and ceded territory lies wholly rights are in danger of invasion from the States of Georgia and Alabama; and they ask if we will extend to them the protection we have promised, and perform the engagements we have made. This is the question which they distinctly propound, and which we must unequivocally an- The next position was, that the right of his State was swer; and we are now discussing what our response shall derived under the ninth article of the treaty of Hopewell, be. There is a broad line of distinction between the claims made between the United States and the Cherokees, in of Georgia, and those of Alabama and Mississippi, which November, 1785; by which they gave to the United States seems heretofore to have been unobserved, but which I the right of managing all their affairs. To this Georgia shall endeavor to keep in view, Let us first inquire what was no party. But the gentleman contends that the our duties are with respect to Georgia; for if her preten- United States transferred all their power and claims, under sions are unfounded, those of Alabama and Mississippi fall the treaty, to that State, by virtue of the compact of 1802; of course. It is not necessary to determine whether the and that we now cannot interfere with her pretensions. Indians have just grounds for their apprehensions or not, The clause in the compact, which is relied upon, is this: because the question is whether, if the rights secured to the United States "cede whatever claim, right, or title, them by our treaties should, at some future day, be in- they may have to the jurisdiction or soil of any lands vaded, we will perform our engagements? But have they lying" within the limits of Georgia. not some cause for their present alarm? In December, Does this relinquishment of the right of the United 1827, a committee of the Legislature of Georgia made States to the soil and jurisdiction of the lands purport a report, accompanied by sundry resolutions, which were to transfer a pre-existing treaty with the Indians? Was it accepted by both branches, and the resolutions also re- so intended? And if it had been, is the power which the ceived the approval of the Governor. In the report we treaty confers to legislate for their benefit, in its nature find the following language, respecting the territory of transferable? The article is in these words: "For the the Cherokees: "The lands in question belong to Geor-benefit and comfort of the Indians, and for the prevention gia--she must and she will have them." And in the reso- of injuries and oppressions on the part of the citizens or lutions, the following: "Resolved, That all the lands appropriated and unappropriated, which lie within the conventional limits of Georgia, belong to her absolutely; that the title is in her; that the Indians are tenants at her will; that she may at any time she pleases, determine that tenancy by taking possession of the premises, and Georgia has the right to extend her own authority and laws over the whole territory. "Resolved, That Georgia entertains for the General Government so high a regard, and is so solicitous to do no act that can disturb or tend to disturb the public tranquillity, that she will not attempt to enforce her rights by violence, until all other means of redress fail." "Resolved, That, to avoid a catastrophe which none would more sincerely deplore than ourselves, we make this solemn appeal to the United States, &c. Indians, the United States in Congress assembled shall have the sole and exclusive right of regulating the trade with the Indians and managing all their affairs, in such manner as they think proper." The power given is strictly personal and fiduciary; to be exercised according to our judgment upon future events, and for their benefit. Can even a guardian transfer his rights and duties at pleasure' By the constitution, the fundamental compact, Georgia has given to the United States the right to legislate, in cer tain cases, over her citizens, for their benefit; for example, to organize, arm, discipline, and call forth her militia. Can the United States transfer this right to South Carolina, or any other sovereign? The express words of the article require this right to be exercised by the United States "in Congress assembled." Can we, without the consent of the other party, strike out these words, and insert the Legislature of Georgia? Again, in order to see that this power is properly exercised, the thirteenth article secures to the Cherokees the right to send a deputy of their choice, whenever they think fit, to Congress." Shall he come here to watch over the legislation at Milledgeville? It is thus asserted as the right, and avowed as the determination, of Georgia, to exercise absolute power over the Cherokees, and to take their land at all hazards--even by violence, if other means should fail. The gentleman from that State [Mr. Fonsyra] observed, in the commencement of his speech, that he felt himself bound in conscience to relieve his friend from New Jersey from all But, if this power was in its nature transferable, it must apprehensions of a violation of the faith of the nation, by be so subject to the restrictions and limitations in the treaty demonstrating that the claims of Georgia were supported contained; among which are the following: by treaties. And he proceeded to do so in language so 1st. The Cherokees shall continue to exist as a distinct strong, and in tones so triumphant, as to make an evident political community, under the protection of the United impression upon members of the Senate. Let us delibe- States. rately examine his argument. 2d. That they shall enjoy the undisturbed possession of The first treaty referred to was that of Galphinton, in their lands. 1785, by which certain concessions were made to Geor- 3d. That the power to manage their affairs" shall be gia. But that was by the Creeks, and by them only, and exercised "for the benefit and comfort of the Indians, and had no relation to the Cherokees. for the prevention of injuries and oppressions." Mr. FORSYTH explained, he had remarked upon that Did this give to the United States the right to drive treaty in answer to the gentleman from New Jersey, [Mr. them from all their lands? or to destroy the Cherokee FRELINGHUYSEN] and not as bearing upon the rights of the Cherokees. Mr. SPRAGUE resumed, he was glad to receive the gentleman's explanation; it precluded the necessity of any further remark upon that topic. nation, to strike it out of existence; and, instead of managing for their "benefit," to annihilate "their affairs" as a body politic? Or could we convey a greater right than we ourselves possessed? But this is not all. The gentleman passed over, in ut APRIL 17, 1830.] The Indians. [SENATE. ter silence, a most important event which intervened be- next place, that they are of prior date. This he, and two tween the treaty of Hopewell and the compact of 1802. gentlemen who followed him in the debate, [Messrs. It is the treaty of Holsten, made in 1791; by which the MCKINLEY and FORSYTH] have attempted to do. Their United States again promised the Cherokees to protect argument is, that, before the Revolution, Great Britain them in their rights as a nation; and the seventh article had jurisdiction over the aborigines, and the sole right of holds the following language: "The United States solemn- treating with them, and that this power was wrested from ly guarantee to the Cherokee nation all their lands not here. her by conquest during the war, and forever abandoned by ceded." If any right was transferred to Georgia, it by the treaty of peace, in 1783. would be such only as existed at the time, and subject, of I would first observe that, if it was obtained by concourse, to the stipulations of that pre-existing treaty. quest, it belonged to the conquerors. And who were the There is still another view of this subject. Are we conquerors? The United States; who were also a party to not bound to see that our treaties are fulfilled? The In- the treaty of peace. Upon this ground it was, that New dians say that their very existence was threatened, and Jersey, Delaware, Maryland, and other States, so strongly inquire of us, whether we will perform our solemn pro- insisted that the Crown lands, which had been acquired mise of protection. What shall we answer? That we by the common arm and at the common expense, belonghave conveyed that promise to another! That we have ed of right to the common fund. Their demand, to a transferred our obligation to Georgia! have given her a great extent, succeeded. The several States yielded to license to violate our treaties! May they not reply, that their pretensions by successive cessions; Virginia magthe very purpose for which they purchased our guarantee, nanimously taking the lead. But I shall not dwell upon and the protection of the strong arm of our Government, this; for I mean, as far as possible, to avoid all debateable was to secure them against the encroachments of their ground. Concede, then, for the present, that when white neighbors in that State? Georgia became independent, in 1776, she at once sucThe compact of 1802, which has been so much insisted ceeded to all the pre-existing rights of Great Britain over upon, was made between the United States and Georgia. the unmeasured forests within her chartered limits. What The Cherokees were not parties, nor even assented to it. was that right? Gentlemen say it was the right of disOf course it could not impair their rights, or confer upon covery. Discovery, sir, confers no claim or right against others any claim against them. If I said Mr. S.] should the natives, the persons discovered, but only as between promise the gentleman that I would obtain your farm and discoverers. It is said that the rights derived from this convey it to him, would that divest your title, or authorize source were established and defined in Europe, upon the either of us to wrest it from you by force? The compact first discovery of this country. True, but it was by the itself expressly recognized the Indian title," and the mutual understanding and agreement of the nations of that United States were to extinguish it only when it could be continent only, in order to regulate their conduct among done "peaceably" and on "reasonable terms." themselves. To prevent conflict and collision, it was taThe gentleman having, as he supposed, fully sustained citly agreed that the Sovereign who should find a counthe treaty claims of Georgia, by the arguments upon which try theretofore unknown should have the exclusive right I have remarked, triumphantly exclaimed, "I will have to the benefits of the discovery, and should be permitted, my bond; I will have my pound of flesh." A most unfor- without interference, to conduct toward the aboriginal tunate allusion, sir, and one which I should not have been inhabitants according to his conscience and his ability. ankind enough to make. He will have his pound of He had, therefore, as against discovering nations who had quivering flesh, taken from nearest the heart of the living assented to the arrangement, a conventional right to man! But he will take it without one drop of blood; wage war and conquer the natives, and subject them to his sway. It is this right to which it is contended that Georgia succeeded upon the declaration of independence. Let it be so considered; and that in the war which she The fiend-like Shylock himself could not take the should wage to subjugate the Indians, no other state or penalty of his bond, because "no jot of blood" was given. nation could rightfully interfere. But the people attackAnd none is given here, but the express contrary-" peace-ed had a right to resist. They surely were under no obli ably"-"peaceably" and "upon reasonable terms," too,gation to acquiesce in the proposed subjugation. Supis the emphatic language. But against whom does the pose, then, that they should happen to be too strong for gentleman make his claim--the Indians? Does he hold their assailants; that they should roll back the tide of war their bond? No, they hold ours: they now present it to the hunters should be hunted--that those who came to us, and demand its performance; and, till he can rail the conquer should be in danger of being conquered; and, in seal from off that bond," he cannot absolve us from its such an emergency, the people of Georgia should call upon obligations. He declares that he will have the terms of another State, Virginia, for example, for protection and his compact fulfilled to "the twentieth part of one poor defence. Georgia would thus have waived her convenscruple," and to the division of a hair. So be it; and let the Indians too have their guarantied rights maintained with equal scrupulosity. 66 -“Ay—there's the rub,” For, in the cutting of that pound of flesh, What human blood shall flow-"must give us pause." tional right to exclude all others from her limits, aud Virginia would, at her request, become a party to the war. Would not Virginia, then, have the right to make peace The honorable Chairman of the Committee on Indian for the security of her own citizens, and must she not be Affairs, [Mr. WHITE] conceded that the United States bound by its terms? Was France bound by her treaty of had repeatedly pledged their faith to the Cherokees to alliance with us during the Revolution? Yet her interferinterfere for their protection, but contended that we ence was without the consent of Great Britain, the disought not to perform these stipulations of our treaties be-coverer. Are the United States now bound by their cause of the conflicting claims of Georgia. He laid down treaties with the States of South America? this proposition, that if the United States had come into But further: what if Georgia, in order to induce her engagements inconsistent with each other, so that it was neighbors to come in for her defence, had expressly impossible to keep both, that that which was prior in agreed, beforehand, that Virginia should have the sole point of time should be specifically performed, and ample power of conducting the war, and concluding the peace; compensation be made for the breach of the other. To would not both States be bound by the treaty of peace this position I freely assent; and upon this basis will rest thereupon made by Virginia? To proceed one step farthe argument. It is incumbent, then, upon the honorable ther; suppose that this arrangement between the two chairman to show, in the first place, that our obligations States, instead of being occasional, should be established to Georgia are incompatible with our treaties; and in the by a permanent compact; and that, in order to obtain the VOL. VI.-44 SENATE.] The Indians. [APRIL 17, 1830. aid and protection of Virginia, at all times, against the at-ber, 1785, less than two years before, and was then in full tacks of the Indians, Georgia should agree that she never force. The State of Georgia, with full knowledge that it would herself provoke such attacks by making war upon had been so made, and that it was considered by the them; and that if it should arise, her more powerful ally United States to be valid and obligatory, voluntarily adoptshould have the entire management of the war, and the ed the constitution, thereby herself most solemnly affirmexclusive right of agreeing upon the terms of peace and ing and establishing that treaty; and, whatever may have making the treaty; would not such terms be obligatory? been said before, never since that time, until recently, Now, sir, such a compact was actually made by Georgia when the present controversy arose, has she in any manwith Virginia and eleven other States, by the articles of con- ner denied its validity, or objected to its being carried infederation. By the third article, the United States are bound to effect. Such is the argument in support of the treaty to assist the several States "against all force offered to, or of Hopewell. I shall leave it by adducing but one other attacks made upon them, or any of them." And by the ninth proof of its validity, in the opinion of General Washington, article, the U. States have "the soleand exclusive right and and the Congress of 1778, and their determination to enpower of determining on peace and war, except in the cases force it with scrupulous fidelity. It is the proclamation of mentioned in the sixth article," and also of "entering into September 1, 1778; which declares it to be "the firm detreaties." Here is the express grant. What answer can be termination of Congress to protect the said Cherokees in given to it? What reason can be assigned, why each State their rights, according to the true intent and meaning of should not be bound by the stipulations of a treaty of the said treaty:" and a resolution was adopted, to hold in peace? Will it be said that we could not have the relations readiness a sufficient number of troops to enforce that deof peace and war with the Indian tribes? Ask the rela-claration. Under our present constitution, many treaties tives of Braddock and Butler, of Wayne, Harmar, and have been regularly made with the Cherokees. The first St. Clair, if Indians can wage war? Consult the crimsoned was at Holsten, in 1791. The reasons which have been pages of your history, and they will answer you. Nay, to adduced in support of the power to make the treaty of banish such a suggestion forever, the same ninth article Hopewell are applicable to this with increased force. of confederation expressly declares, that by war it means to include contests with Indians; for, by reference, it incorporates into it the 6th article, which is in these words: "ART. 6. No State shall engage in any war without the consent of the United States, in Congress assembled, unless such State be actually invaded by enemies, or shall have received certain advice of a resolution formed by some nation of Indians to invade such State, and the danger is so imminent as not to admit of a delay till the United States, in Congress assembled, can be consulted." The constitution was formed because the Confederation was too weak to answer the purposes of the Union. It substituted a Government in place of a mere Confederacy; conferring upon it additional powers, and farther limiting those of the individual States. By the articles of Confederation, the power of Congress to regulate the trade and manage affairs with the Indians, was subject to a proviso, that "the legislative right of any State, within its own limits, should not be infringed." This restriction is the only ground upon which doubts could ever have been sug gested, of the power of the Confederation to enter into treaty stipulations; it gave no countenance, however, to During the Revolution, war actually existed between such suggestions, because it was a limitation upon another the United States and the Cherokees: it continued to rage grant of power, distinct from that of establishing peace after the acknowledgment of our independence by Great and making treaties. But even this restriction is omitted Britain. Georgia needed our aid, and received it. The in the constitution, and Congress are empowered to regu Indians were then powerful and terrific. The United late commerce with the Indian tribes in unqualified terms. States were desirous of peace; they sought it, and it was The constitution vests in the United States the sole and Here is, also, an unequivocal relinquishment by each State, of the right to make war upon the natives. established, in 1785, by the treaty of Hopewell, which exclusive power of making war and concluding peace. has been already referred to. It secured to the Chero- It expressly provides, that "no State shall engage in war,' kees their previous right to exist as a community upon or, "enter into any treaty." Here is an unequivocal rethe territory in their previous possession. Such a treaty linquishment of the right of Georgia to make war upon or would have been obligatory upon any State, if the arti-treat with the Indians. And what is the right which it is C of Confederation had never existed; but by that com- said devolved upon her as successor to the sovereignty pact a right was expressly given by Georgia herself, to make it, and the United States were in duty bound to exercise that power. And now I ask, what prior incompatible obligations to Georgia absolve us from its stipulations, or render it impossible to fulfil them? of Great Britain? The right of a discoverer; that is, a right, as against others, and without their interposition, to attack, and by force subdue the natives; to make war for the purpose of conquest. But Georgia covenants, by our fundamental compact, not to engage in war, for that or any other purpose; to attack no nation or political community. The United States have the sole power of making peace; this can be done only by treaty. At Hopewell, in 1785, we made a treaty of peace. Open war had raged between the United States and the Cherokees up to that time. They had been the allies of Great Britain, but never had been ours; or in any manner contracted with us. Was not that treaty rightfully made and obligatory? Such was the power, and such the practice of the Confederation, up to the time of the formation of our present constitution, in September, 1787. No longer previous than the preceding month, we find a committee of Congress, in an able and elaborate report, declaring that the United States cannot interfere in behalf of a State against a tribe of Indians, but on the principle that Congress shall have the sole direction of the war, and the settling of At Holsten, in 1791, we made a treaty of peace and all the terms of peace with such Indian tribe." And this friendship. It is so denominated on the face of it. It was language was addressed particularly to Georgia, by name, the termination of an actually existing war; of this there and with respect to the Indians within her limits. This is no doubt. The chairman of the Committee of Indian was in August. Affairs, in his written opinion of 1824, states the fact, that that The constitution was formed in the following Septem- war was raging. The gentleman from Georgia says ber. The sixth article declares, that "treaties made, or his State applied to the United States for aid and protec which shall be made, under the authority of the United tion in that war. The report of the Committee of Indian States, shall be the supreme law of the land," "any thing Affairs now before us, declares that the Cherokees waged in the constitution or laws of any State to the contrary war against the citizens of the United States. At Holsten notwithstanding." This was an express confirmation of we then undeniably made a treaty of peace to terminate an the treaty of Hopewell, which had been made in Novem-existing war. The authority was express and exclusive. |