Slike strani

H. OF R.]

Removul of the Indians.

(May 19, 1830.

satisfied. By its provisions, every subject emigrating loses 1 person, who afterwards becomes an emigrant, add, continu caste, and suffers confiscation. The descendants of Afri- ing in possession, gets the improvements valued by the cans are excluded from office and citizenship, and all ex- United States' agents, he is subjected to the penalties isting laws are continued in force.

the second section two thousand dollars, one buodred Would the House bave a specimen of these Cherokee lashes. Persons enrolling as emigrants, and not leaving laws! In 1819, it was enacted that the improvements of the nation in fifteen days afterwards, are to be treated a those who removed to Arkansas, should become the pro- intruders. perty of those who first took possession of them. Jo the Seo. 6. Principal chiefs authorized to order the appre same year, it was enacted that no white man in the nation bension of intruders, and to deliver them over to the Unit should have more than one wife, and it was recommended ed States, or “to expel or to punish them, or not, as they that Cherokees should content themselves with one. This please."

LEWIS ROSS, Pres. Nat. Coun. recommendation was not followed, even by all the civilized

GOING SNAKE, Speaker. christian Cherokees. He believed it was well ascertained

WM. S. COODY, Clk, Nat. Cou. that a celebrated personage there, who bad received a clas

JOHN RIDGE, Clk. Nat. Coren. sical education, and married a white female of respectable October 31, 1829-Approved: John Ross. family-he would not give her name or her State-he desired to excite po unpleasant feelings in any gentleman but not committed to writing, that if any citizen or citizens

Whereas a law has been in existence for many years there, or in any State; she was not a Georgian, howeverhad found it convenient to use the permission of the Che of this nation shall treat and dispose of any lands belong rokee laws, as he bad formerly done the money intended ing to this dation, without special permissiun from the es by the United States for the Creek Indians-liberally ; and tional authorities, he or they shall suffer death : Therefore the unfortunate female who bad imprudently allied herself

Resolved by the Committee and Council in General Cour with him, was so distressed as to bave attempted suicide. cil convened, That any person or persons, who shall

, er What more, sir, in relation to these Cherokee laws ?

trary to the will and consent of the Legislative Council authorized to execute summary justice, by inflicting one instructed for the purpose, and agree to sell or dispose d In 1808, regulators , or light horse, were appointed, and this nation in General Council convened, enter into a treaty

commissioner of the United States, or any officer hundred lashes for horse stealing, &c. and to kill any one resisting them.

any part or portion of the national lands defined in the i Iu 1810, the tribe passed“ an act of oblivion for all lives constitution of this nation, he or they so offending, upos that they may have been indebted to one another."

conviction before any of the circuit judges or the supreme In the same year, it was enacted that if a man bas a aforesaid are authorized to call a court for the trial of any

court, shall suffer death; and any of the circuit jodges horse stolen, and overtake the thief, and should bis auger such person or persons so transgressing. be so great as to cause bim to kill bim, let it remain on his own conscience, but no satisfaction shall be required for

Be it further resolved, That any person or persons who his life from his relatives or clan he may have belonged to." shall violate the provisions of this act, and shall refuse, by Would gentlemen tell him by what evidence such a jus- abscond, are hereby declared to be outlaws, and any per

resistance, to appear at the place desiguated for trial, or tification would be made out? · Mr. W. said he would ask the attention of the House ot son or persons, citizeus of this nation, may bil him or a few more of the Cherokees laws, published by authority the limits of this pation, and

shall not be accountable to the

them, so offending, in any manner most convenient, within in the Cherokee Phænix.

laws for the same.

Be it further resolved, Citizens entering into a treaty ke Resolved by the National Committee and Council in Gen. any other object than a cession of land, to receive ete eral Council assembled, That, from and after the passiug of

bundred lashes on the bare back. No treaty to be binding this act, any citizen or citizens of this nation, who shall unless ratified by the council

, and approved by the pride biad themselves, by enrolment, or otherwise, as emigrants pal chief of the nation. to Arkansas, or for the purpose of removing out of the ju

October 27, 1829- Approved : John Ross. risdictional limits of the nation, he, she, or they, enrolling, It was to meet the state of things produced by these or otherwise binding themselves, sball forfeit thereby all Cherokee laws, that the act of Georgia was passed: and the rights and privileges he, she, or they may have previ the great subject of complaint is, that Georgia will not ously thereto claimed or enjoyed as citizens of this nation, allow those who choose to emigrate to be whipped, Dar and shall be viewed in the same light as others not entitled the Cherokee men to have as many wives as they please

. to citizenship, and treated accordingly.

por permit them “ to kill in any manner most convenient.” Seo. 2. Be it further resolved, That, if any person or per whoever should attempt to sell any of the lands of the Bons, citizens of this patiou, shall sell or dispose of his, her, tribe. And for this excellent reason, gentlemen reproach or their improvements to any person or persons so enrol the President with dot ordering out the force of the Uman led, or otherwise bound, as above mentioned, he, she, or to prevent the execution of the laws of Georgia. they shall be viewed as having disposed of bis, her, or What is the scope and spirit of these laws | Simply to their improvements to a citizen of the United States, and restore the full blooded Cherokees, the great bulk of the shall be ineligible to hold any office of honor, profit, or nation, to their free will, and leave them to decide fa trust in this nation, and, upon conviction thereof before themselves whether they will emigrate or not, unawed by any of the circuit courts of the several districts, be fined in the power, and exempted from the cruelty of those the a sum not less than one thousand dollars, not exceeding two have in fact enslaved them. thousand dollars, and punished with one hundred lashes. The laws of Georgia neither contemplate driving the

Seo. 3. to prevent persons from screening themselves Cherokees from their lands, or any other act of injostice from thege penalties, provides, that the seller, as well as or oppression against them. purchaser, of all improvements, sball make affidavit, to be Sir, what do the very resolutions of the Legislature of filed with the clerk of the courts, that such improvements the State of Georgia, so much complained of by the bear were not purchased or sold for the purpose of being valu- able gentleman from New York (Mr. STORRS) and the ed, or as agents for emigrants ; failing to make such affida- honorable gentlemen from Connecticut, [Mr. HUNTINCTUS vit, incur a penalty not less than one hundred dollars, por and Mr. ELLSWORTH) declare ! more than two hundred dollars,

Resolved, That if such treaty be held, the President be Seo. 4. If a citizeu disposes of his improvements to al respectfully requested to instruct the commissioners to lay


MAY 19, 1830.)

Removal of the Indians,

(H. OF R.

A copy of this report before the Indians in convention, and the whole quantity obtained in that State from the with such comments as may be considered just and proper Indians by the United States, is upwards of thirty millions upon the nature and extent of the Georgia title to the of acres. lands in controversy, and the probable consequences which In Michigan territory, there were nine thousand three. will result from a cootinued refusal, upon the part of the In- hundred and forty Indians, who still held seven million dians, to part with those lands; and that the commissioners three hundred and seventy-eight thoueand four hundred be also instrueted to grant, if they find it absolutely necessa- acres of land ; and the quantity ceded to the United States ry, reserves of land in favor of individual Indians, or inhabit- by the lodiats since 1802 was seventeen millions; the ants of the nation, not to exceed one-sixth part of the terri- quantity left to each Indian, about seven bundred and tory to be acquired, the same to be subject to future pur- ninety acres. chase by the General Government, for the use of Georgia. Jo Arkansas, the number of Indians was seven thousand

Now, sir, [said Mr. W.) it appears by the official docu- two hundred; their lands, four million seven hundred and ments, that there are about five thousand Cherokees in sixty-one thousand six hundred acres, or about six bundred Georgia, men, women, and childreo, full-blooded, wbites, and sixty acres' each ; and the Indian title had been extinbalf-breeds, and slaves; and they bave in their occupancy, guished since 1802 to twenty-eight million eight hundred or ratber they lay claim to, about five or six millions of and ninety-nine thousand five hundred and twenty acres. acres of land.

In Floridn, there were four thousand Indians ; their lands, If one-sixth of the land, therefore, was reserved to In- four million thirty-two thousand six hundred and forty dian families, according to the proposal made by Georgia acres, or about one thousand acres each ; and the quantity

in 1827, it would give to each Indian family of five persons of land to wbich the Indian title had been extinguished since about one thousand acres of land, upon the incredible sup- 1802, pot less than fifteen or twenty millions of acres. position that not one Indian should choose to emigrate; and Sir, when the colony of Coppecticut was complained there would yet be left to the State of Georgia four or five against, in relation to their treatment of the Indians, what millions of acres. Now, one thousand acres of land, for was their defence ? I abstract it from the history of that each Indian family of five persons, selected, of course, by colony, by the reverend Mr. Trumbull. The historian rethe Indians themselves, is a tolerably pretty little farm. pels the accusation, and insists that the lodians had been

He had abstracted from the documents of the last ses treated with kiodoess, and between four and five thousion the quantity of lands held by Indians in several sand acres of land left them to plant on. This. by reStates, and the number of Indians, and the quantity of ference to the number of warriors then existing, and land to each. It was as follows:

thence computing the numbers of the tribe, was about 5

In Ohio, there were one thousand eight bundred and sixty acres to each individual. The quantity proposed to seventy-seven Indians, who held four hundred aod nioe be allotted by Georgia, in the resolutions of 1827, amounts thousand five hundred and one acres of land, or two bun- to about one hundred and eighty-five, or one bundred and dred and twelve and a half acres each. The United States ninety acres to each iodividual, at the lowest calculation; has extinguisbed the Indian title to seven million dine bud probably two hundred acres each, upon the supposition dred and twenty-four thousand four hundred and seventy- that pot de Cherokee would, if left to hit free will, emiope acres of land in that State since 1802.

grate. But it is in vain to say, that, under such cireumIn Indiana, there were four thousand and fifty Indians, stances, they would not emigrate. Some of them, doubtwho beld five million three hundred and thirty-five thou- less, would take reserves, and stay. The greater pumber sand six hundred and thirty-two acres of land, or about would gladly embrace the opportunity of going. Sir, it one thousand three hundred acres each. The Iudian is vain for gentlemen to say that the Cherokees do not title extinguished in that State since 1802 was sixteen wish to go. There is one argument which is conclusive: million three hundred and thirty thousand and thirty-nine. when was it found necessary to punish, by cruel and san,

In Illinois, there were five thousand nine bundred In- guinary punishments, any people for leaving a country dians, who occupied six million four bundred and twenty. wbich they had no mind to leave! Have the United States four thousand six hundred and forty acres of land, or up- ever found it necessary to denounce punishment on any wards of one thousand acres each. ‘Aud the whole lodian of their citizens who should attempt to leave their country? title extinguished since 1802 amounted to twenty-nine England had, indeed, at one time, deemed it necessary million five hundred and seventeen thousand two hundred to denounce penalties against her artisans who should saud sixty-two acres.

leave the kingdom. And why? Because they could get In Mississippi, there was estimated to be twenty-three better wages abroad, and, therefore, they would naturally thousand four hundred Indians, who held sixteen million desire to go; and there was supposed to be danger to the eight hundred and eighty-five thousand seven hundred and interests of England in their transporting 'heir skill and iupeighty acres of land, or about seven hundred and thirty dustry elsewbere. But, would any tell him that it was acres each ; and there had been extinguished since 1802, clear these artisans bad no wish to go ? The answer is obby the United States, the Indian title to fourteen million vious. Why, then, seek to prevent them? i one bunured and eighty-eight thousand four hundred and What, then, is the true alternative hell out by Georgia fiity-four acres.

to the Cherokees? Do you wish to go to Arkansas | The In Louisiana, there were niue hundred and thirty-nine United States will transport you there; furnish you with Indians: lodian lands, pode: and the United States bas ex- lands ; subsist you for a year; pay you for your improve itinguished their title since 1802 to two million four buu- ments; and give you a bounty beside, according to the dred and pinety-two thousand acres.

terms of the treaty of 1828 with the Cherokees of Ar. In Alabama, there were nineteen thousand two hundred kansas. Do you wish to stay? We do not object to a Indians, who held about nine million five hundred and nine- reserve being assigned you of more land than you can culteen thousand and sixty-six acres of land ; and the Indian tivate, and more than is necessary for your comfort and title to twenty-four million four hundred and eighty-two subsistence by cultivation. In either event, your prethousand one hundred and sixty nine aeres had been extin- tended Government shall pot maltreat or punish you; guished by the United States since 1802. The average but, if you stay, you must stay under the protection, and quantity of land remaining to each Indian was four hun lip obedience to our laws, like other citizens. This, sir, dred and pipety acres.

is the whole fact, and nothing more, In Missouri, there are five thousand six hundred and But, sir, [said Mr. W.] let us inquire a little further into thirty-obe Indians. It does not appear that they hold any the civilized condition of these Cherokees, of which their lauus to wbich the Indian title has not beeu extinguished;laws affurd eo good a specimen.

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H. of R.)

Removal of the Indians.

(May 19, 1830.

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In 1818, Governor McMinn, United States' commission- this class, which embraces all the large fortune-holders, er, writing to the Cherokee chiefs, asks them: “ Is not the there are about two bundred families, constituting a midlist of murders and robberies pretty near as great within dle class in the tribe. This class is composed of the It the last twelve months, as the whole period since your da- dians of mixed blood, and white men with Indian families. tion and ours entered into a treaty of peace ?"

All of them have some property, and may be said to live Have gentlemen examined the reports of the commit in some degree of comfort. The committee are not awar tees of the House and Senate, and the information and evi that a single Indian of upmixed blood belongs to either dence collected and spread upon their tables ! If they had, the two higher classes of Cherokees ; but they supp* it was inconceivable to bim how they could talk of the mass there may be a few such among them. The third class of the Cherokee tribe as civilized! What do the commit- the free population is composed of Indians, properly tee, at the head of which is the highly respectable gentle denominated, who, like their brethren of the red nae man from Tennessee, [Mr. Bell) who has examined this everywhere else, exhibit the same characteristie traià whole subject with so much patience, industry, and ability, of unconquerable indolence, improvidence, and sn ist and with so humane and amiable a temper, tell you? dinate love of ardent spirits. They are the tenants of the

The committee do not mean to exaggerate, either in the wretched huts and villages in the recesses of the more statement of facts, as they are believed to exist, or in the tains and elsewhere, remote from the highways, and the deductions which they make from them, as to the future neighborhood of the wealthy and prosperous This ap prospects of the Indians. The intelligent observer of pears to be the class indicated by a native Cherokee letter their character will confirm all that is predicted of their writer as “the lowest class of peasantry," and which future condition, when be learns that the maxim so well be admits he does not include in bis description of the established in other places, that an Indian cappot work," progress of civilization among the Indians. It will be abhas lost none of its universality in the practice of the lo most incredible to those who have formed their opinions of dians of the South; that there, too, the same imprudence the condition of the Cherokees from the inflated general and thirst for spirituous liquors attend them, that have accounts found in the public journals of the day, when i been the foes of their happiness elsewhere ; that the con is stated that this class constitutes perhaps nineteen dition of the common Indian is perceptibly decliving, both of twenty of the wbole number of souls in the Cheroket in the means of subsistence

, and the babits necessary to country. The lowest estimate of their number, which the procure them; and that, upon the whole, the mass of the committee have received from any souree entitled to outpopulation of the southern ludiau tribes are a less respec. fidence, embraces nine-tenths of the whole. Some portica table order of human beings now, than they were teu of the Indians forming this class, are less desponding in their years ago.

temper, and exbibit a greater degree of energy ihan the "The population of the Cherok nation, east of the others, in obtaining the means of subsistence ; but still thes Mississippi,' may be estimated at about twelve thousand class of Cherokees, as a whule, are believed to approach souls. Of these, two hundred and fifty are wbite mer nearer to a state of absolute destitution than any other loand women, who bave married into Indian families. Abont dians of the South, except perhaps the Florida Indiass, one thousand two hundred are slaves; and the balance of and a part of the Choctaws. The same causes which have the population consists of the mixed race and the pure contributed to elevate the character and increase the comblooded lodians; the former bearing but a small propor- forts of the mixed race, have tended to diminish the means tion to the latter caste."--p. 22.

of subsistence among the Indians of purer blood. Victims Spenking of the new Cherokee Government, they say--alike to the arts of The worthless wbite men without, and to

"Hunanity would be gratified to find, in the composi- the crafiy policy of their own rulers within, they have be tion of this infant society, and in the operation of the Go- come a naked, miserable, and degraded race. Among the vernment established by it, the means of improving and Creeks, what property they have, is more generally distri elevating the aboriginal race of the Indians; but the com- buted ; and the spirit of their warriors still exerts a feeble mittee are constrained to believe, from the effects of the control over the condnet of their chiefs. The Chickas: 63 new institutions, and the septiments and priuciples of most find some resources in the large anpuities; but the less praof those who have the direction of them, ihat the Cherokee vident portion of the Cherokees often find themselves re Indians of pure blood, as they did not understand the de- duced to the necessity of relying upon wild fruits, birds, sign so they are not likely to profit by the new order of and fish, for the support of life. The moral condition of things. From the time when the maxims and passions of this class does not appear to compensate in any degree is the white men, who settled in the Cherokee country, began their deficiency in the means of mere animal existence." to affect the conduct and principles of the leading chiefs, Such is a small part of the testimony Afforded by the and more especially when the mixed race began to assert report of the committee of the House of Reprenentatives its superiority, may be dated the commencement of the de What does the committee of the Senate say ! terioration of the mass of the tribe."

"A portion of the Cherokees, equal, as is believed, to Again, sir: “ The only tendency yet perceivable in the from one-third to one-half of the whole, has aetually re new justitutions, bas been to enable those who control moved to, and settled #country, well suited to their them to appropriate the whole resources of the tribe to waits and wishes, west of the Mississippi. There is good themselves. For this purpose, they have, in effect, taken reason to believe many more would bave removed bekro the regulation of their trade into their own bands. They this time, except for various causes, which, as yet, te appear also to bave established something in the nature of United States bave not been able to overcome. The pris & loan office or bank, in which are deposited the funds cipal ope is, the idea of a separate and independent Stale arising from the annuities payable by the Government of of their own, where they now live. This is the work, the United States, and these are lent out among themselves principally, of comparatively a few, who are either wbite and their favorites." “ The committee bave not been able men connected with the nation, who are well educated sod to learn that the common Indians have shared any part of intelligent--wbo bave acquired considerable property, ud, the appuities of the tribe for many years. The number of through the annuities paid by the United Staies and by those who control the Government, are understood not to other means, are yearly adding to it. This class of people

, exceed twenty-five or thirty persons.".

it is believed, do not aliogether equal one hundred in su * These, together with their families, and immediate ber. A very small portion of full blooded Indians can be dependents and connexions, may be said to coustitute the named, who are in the like circumstances, or who bare whole commonwealth, so far as any real advantages can be much agency in their public affairs. said to attend the new system of Government. Besides " Those who are in public employ have an influence, al.

"AY 19, 1830.]

Removal of the Indians.

[H. OF R.

*st unbounded, over the nation. They fill all the offices, there were then remaining, as hunting grounds to the Inated by their laws, and have the entire management of dians, nearly twenty-three millions of acres.

funds derived from every source, The rest of the At the last sessiou of Congress, a committee was raised iou may be divided into two classes. The one owning ou the subject of distributing the proceeds of the public ne small property, and having settlements of their own, lands, at the head of which was a distinguished member

on which they make a sufficiency to support themselves from Pennsylvania, not now a member of this House, * 1 their families, and but little surplus. Those of the [Mr. Stephenson.) What did they tell you in their re

her, comprehending, as is believed, the mass of the po- port! After stating the compact of 1802, they say : “ A8 -lation, are as poor and degraded as can weil be imagined. The right of the State of Georgia to this territory was upey may be said to live without hope of better circum- questionable, the United States obtained by this grant a nces; they have almost no property, and seem destitute of clear title, as well of the right of soil ag of jurisdiction, to

means or prospect of acquiring any. There is very little about sixty millions of acres ; five of which have been fine in their country. They are without industry, without sold for more than twelve millions of dollars; upwards of brmation, wulettered, and subsisting chiefly upon what dine have already been paid into the treasury of the Unit

y can beg, and upon the birds and fish they can procure. ed States. Upwards of fifty millions of acres yet remain

stranger, who travels along a leading road through the pa to sell.” ={n, or makes but a short stay in it, will form a very erro Mr. W. said, he had obtained from official and authentic

Syus opinion of the true condition of the great mass of the documents a statement of the progress made by the Go<pulation: he has intercourse only with those of the first vernments of the United States, since 1802, in extinguish. e second class before mentioned, and forms his opinions ing the Cherokee title in Georgia. At the date of the call from the condition of those with whom he associates. compact of 1802, the Cherokees held seven million one may then be asked, why do those people refuse to enii- lundred and fifty-two thousand one hundred and ten acres ate? The answer is, those who have intiuence over them, of land within the limits of Georgia. They have since 2 every means in their power to prevent them. They ceded nine hundred and ninety-five thousand three hundred erepresent the country offered west of the Mississippi. and ten acres ; leaving in the occupancy of their five thou

ey use persuasion while it answers the purpose, and sand souls six million one hundred and fifty-six thousand peats when persuasion is likely to fail. The committee eight hundred acres. The surveys made since the cession, 2 well satisfied that every humane and benevolent in- are said to have ascertained the fact that the lands ceded vidual, who is anxious for the welfare of the great body amounted to one million three hundred and forty-nine thou. the Cherokees, and is correctly mformed of their true sand nine hundred and seven acres, instead of pine bundred adition, must feel desirous for their removal, provided and pinety-five thousand three hundred. If so, it would can be effected with their consent."

leave five million eight bundred and two thousand two hunMr. W. said, he was now brought, by the course of his dred and three acres. But if the cession bas, when surgument, to a consideration of the compact, of 1802. veyed, exceeded the quantity computed on the map, the se State of Georgia claimed, on the establishment of the remaining country unceded would probably overrun in the slependence of the United States, all the lands forming like proportion. in Slates of Georgia, Alabama, and Mississippi, with the There is a slip of land claimed by the Cherokees as theirs, sceptiou of the small portions of the latter States which which the Creeks included in their last cession, of about a merly belonged to Florida and Louisiana.

million or a milliou and a half of acres, according as the The claim was founded on the charter of the proprietary disputed line shall be settled. In twenty-eight years, then, vernment, and on royal commissions, after the sur- since the compact of 1802, the United States have only sider of the charter to the Crown. Claims were set up extinguished the Cherokee title in Georgia to about one

Souih Carolina and the United States. The conflicting million of acres out of seven, and, according to their past aims of Georgia and South Carolina rere adjusted by a progress, it will require about two centuries to fulfil their invention between them in 1787. The United States re- part of a bargain, for which they have already got pine nised, by the treaty with Spain, in the year 1795, inillions of dollars, actually paid into the treasury. e claim of Georgia, having refused, in 1778, a cession Has this ill success in complying with their obligations im the State, on account of the remoteness of the lands, to Georgia, resulted from an absolute refusal of the Cherod of the terms proposed by Georgia.

kees to cede? How have the United States succeeded, in In April, 1798, Congress passed a law, in relation to the the mean time, in extinguisbiug Cherokee title to lands in estern territory, with a reservation of the rights of other States, when they were under no obligation to do 801 orgia to the jurisdiction and soil. In May, 1800, another I will tell you, sir, and from official documents. t was passed, containing a similar reservation.

They extioguished since 1802, viz. In December, 1800, Georgia remonstrated against these by a treaty of 1805, in Alabama

1,612,800 ts as a violation of her rights of sovereignty and soil. by that of 1806, in Tennessee and Alabama 1,209,600 le compact of 1802 put an end to these disputes. By by that of 1816, March 22, in South Caroat compact the United States obtained two States, esti lina

261,760, ated to contain eighty-six millions of acres. The con by the same treaty, in Alabama

1,887,860 deration paid was one million two hundred and fifty by that of 1816, October 4, in Alabama 1,395,200 lousand dollars, to be paid out of the sales of the land. by that of 1819, in North Carolina 1,437,260 he United States also bound themselves to extinguish the by the same treaty, in Tennessee and Alaidian title to all lands in Georgia, as soon as it could be bama

738,560 ne peaceably and on reasonable terms. What are the advantages the United States have de.

Total, acres 8,542,540 ved from this compact ? Two States have been added Io that period, then, of twenty eight- years, they, the

the Union. By a statement published by a committee of United States, have found no difficulty in extinguishing the vis House, in 1824, it appeared that at that time upwards Cherokee title everywhere else but in Georgia, and they f four millions and a half of dollars bad been received bave actually obtained for North Carolina, South Carolina, to the treasury from the sale of these lands, exclusive of | Teonesse and Alabama, to whom they were under no obhe Mississippi stock. Nearly six and a half millions were ligation at all, eight times as much land from the Cherotill due. The lands ceded by the Indians, and unsold kees, as they did for Georgia, who held their bond, and ere twenty-seven and a half millions of acres, worth, at bad given them twelve millions of dollars. de minimum price, thirty-four millions of dollars, and Is this the justice of the United States ? Sir, I will not

VOL. VI.-138.

H. OF R.]

Removal of the Indians.

(MAY 19, 150 N

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say the performance of the compact of 1802 has been bood. Those who wish to remove are permitted to sende U evaded, shamefully evaded. I will not say that the United exploring party to reconnoitre the country on the wees States have been guilty of bad faith. But I will say, and of the Arkansas and White rivers; and the higher up I will use no language but that of official documents and better, as they will be the longer upapproached by our ten records, and of committees of this House, that, if the tlements, which will begin at the mouths of those rivela United States had intended to violate their engagements to The regular dietricts of the Government of St. Louis et to Georgia, they could have pursued po policy more con- already laid off to tbe St. Francis river. When this part d ducive to that end than the very policy they have been shall have found a tract of country suiting the emigran, engaged in since 1802.

and not claimed by other Indians, we will arrange sa M Now, sir, it is asked, what would you have? “We pro- them and you' the exchange of that for a just portion du mised to extinguish the Indian title as soon as it could be the country they leave, and to a part of which, proports at dove peaceably and ou reasonable terms. All obligations ed to their nuinbers, they have a rigbt. Every and be cease when they become impossible. It has become im- wards their removal, and what will be neecssary for their fr possible to remove the Indiaus peaceably add on reasona- will then be freely administered to them, and when then b ble terms, and the United States are discharged from tbeir established in their new settlements, we shall still @-tr obligations."

them as our childreo, give them the benefit of exchanging to This is, in substance, the argument of our adversaries. their peltries for what they will want at our factories, a Georgia asserts a limitation to that ductrine. You are not always hold them firinly by the hand." discharged if the impossibility is of your own creating. If A provisional arrangement was made by Mr. Jeffersa su you have gone on to extinguish the Cherokee title every with the towns, iu virtue of wbich a census was to be take. wbere else, you are not discharged. If you or your agents those who removed were to have lands assigned then aus encouraged them to stay, when you ought to bave induced Arkansas, and a quantity equivalent to that assigned tõo in them to go, you are not discharged. In the promise to was to be given up to Georgia. Their ratable propeta ab extinguish the Cherokee title, was included, of neces- of the annuities was also to be allowed them. These we v sity, a promise not to reuder that extinguislıment impos- the measures referred to in Mr. Jefferson's message to lo sible.

gress in 1808, as then in contemplation. This arrior pe But it may be said, the Indians bave ceded lands else ment was made the basis of the treaty of 1817, delapidi ba where, because they were willing to leave other States, probably by the intervening embarrassments of the e but not willing to leave Georgia. Perhaps their country try. If this arrangement, and the treaty of 1817, had teed is better there, or they are more attached to it. More at faithfully executed in their true -pirit, you would be tached to the neighborhood of these wicked Georgians, be troubled with this part of the discussion. Alt sle who are, as we are told, always annoying them! More thousand Cherokees did emigrate to Arkansas. They attached to the rugged and broken country, where they vot ride in coaches there, to be sure: neither did iberi vf Dearly starve, than to the fertile valleys of Alabama which starve ; por have the other Indians massacred them: 171 px they surrounded! The thing is incredible in itself, but we did they attack the white settlements ; nor was the tra bave distinct evidence on the subject.

sury ruined by the expense of their removal

. Those wert th The Cherokee nation or tribe was divided into upper and days of economy, too, sir. There they now are; and lower towns.

ali we can learn, quite as well or better off than the bus Between 1804 and 1809, I think about 1807, the lower of their countrymen in Georgia. towns, finding the game exhausted, and being desirous of Well, sir, measures were taken, from time to time, pa se continuing the hunter’s life, applied to President Jefferson, fessedly for the purpose of assiguing lands to that part of o to be allowed to remove west of the Mississippi . The up the pation wbich emigrated, for taking a census

, and an per towns, which were without the limits of Georgia, at signing its proper portion of the appuilies to each, for fub the same time expressed a wish to render their settlements tinguishing the Indian title within the limits of Gergia, the more compact, and gradually to become herdsmen und an extent equivalent to the cessions made in Arkansas. agriculturists.

Impediments arose : claims were set up by other Indiast A talk with the deputies of the upper and lower towns to the Arkansas lands; their limits and quantity were in this delivered by Mr. Jefferson to them in 1809, will be fund ascertained. The remaining Cherokees claimed to be the among the documents communicated to the second session nation exclusively. They denied the right of the Arke bo of the fourteenth Congrese, from which the following is an sas Cherokees to any part of the appuities of the tribe extract:

They claimed the lands left by the emigrating party #fo “My children, deputies of the Cherokees of the upper the common property of the part remaining which ise and lower towns :

alleged to be, in truth, the nation. With the persons the " I understand, by the speeches which you have deli- in fact usurping the name and powers of the Cheruket vered me, that there is a difference of disposition among tribe, the treaty of 1819 was formed, undoing nearly the people of both parts of your pation; some of them that bad been done. How it was viewed by the liter desiring to remain on their lands, to betake themselves to towns, will appear by their letters tv, and conference rid agriculture and the industrious occupations of civilized the present President of the United States, in life ; while others, retaining their attachment to the hunt- particularly their letter to General Carroll, which is as kakla er's life, and baving little game on their present lapds, are lows: desirous to remove across the Mississippi, to some of the Dear sir: We, the undersigned, Chiefs of the Creek vacant lands of the United States, where game is abun- Path towns, in the said Cherokee nation, beg your site daut. I am pleased to find so many disposed to ensure, tion, a short time, to read a few lines addressed to m. by the cultivation of the earth, a plentiful subsistence to from your red brethren, the Creek Path perple. Te their families, and to improve their minils by education ; are no stranger to the services we rendered you in tine u but I do not blame those who, baving been brought up from the Creek war, when we were under the command of their infancy to the pursuit of game, desire still to follow General Jackson. At that time we had Colonel Rista: it to distant countries. I know how difficult it is for men Brown, our beloved chief for our leader ; but be is to change the habits in which they bave been raised. The do more, and it is us that feel the effects to our ok. United States, my children, are the friends of both parties ; Wbile he was yet alive, we had a representative in our # and, as far as can reasonably be asked, they will be willing tiopal councils; but since his death we have done, bar cafe to satisfy the wishes of both. Those who remain may be not be heard, and for no other reason than this : Abuut ihe Assured of our patronage, our aid, and good neighbor- summer of 1817, General Jackson being appointed by the

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