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parate interests, distinct manners, former prejudices, and many other arguments equally plausible and equally fallacious. Examine this matter.
“For every purpose essential to the defence of these states in the progress of the present war, and necessary to the attainment of the objects of it, these states now are as fully, legally, and absolutely confederated, as it is possible for them to be. Read the credentials of the different delegates who composed the Congress in 1774, 1775, and part of 1776. You will find that they establish an union for the express purpose of opposing the oppressions of Britain, and obtaining redress of grievances. On the 4th of July, 1776, your representatives in Congress, perceiving that nothing less than unconditional submission would satisfy our enemies, did, in the name of the people of the thirteen United Colonies, declare them to be free and independent states, and . for the suPPORT of that declaration, with a firm reliance on the protection of Divine Providence, did mutually pledge to each other their LIVES, their FORTUNES, and their SACRED HONOR." Was ever confederation more formal, more solemn, or explicit ? It has been expressly assented to and ratified by every state in the union. Accordingly, for the direct SUPPORT of this declaration, that is, for the support of the independence of these states, armies have been raised, and bills of credit emitted, and loans made, to pay and supply them. The redernption, therefore, of these bilis, the payment of these debts, and the settlement of the accounts of the several states for expenditures or services for the common benefit, and in this common cause, are among the objects of this confederation; and consequently, while all or any of its objects reinain unattained, it cannot, so far as it may respect such objects, be dissolved, consistent with the laws of God or man.
“But we are persuaded, and our enemies will find that our union is not to end here. They are mistaken when they suppose us kept together only by a sense of present danger. It is a fact which they only will dispute, that the people of these states were never so cordially united as at this day. By having been obliged to mix with each other, former prejudices have worn otf, and their several mappers become blended. A sense of common permanent interest, mutual affection, (having been brethren in affliction,) the ties of consanguinity daily ex. tending, constant reciprocity of good offices, similarity in language, in governinents, and therefore in manners, the importance, weight and splendour of the union, all conspire in forming a strong chain of conpexion, which must for ever bind us together. The United Provinces of the Netherlands, and the United Cantons of Switzerland, became free and independent under circumstances very like ours; their independence bas been long established, and get their confederacies continue in full vigour. Wbat reason can be assigned why our union should be less lasting ? or why should the people of these states be supposed less wise than the inhabitants of those ? You are not uninformed that a plan for a perpetual confederation has been prepared, and that twelve of the thirteen states have already acceded to it. But enough has been said to show that for every purpose of the present war, and all things incident to it, there does at present exist a perfect solemn confederation, and therefore that the states now are and always will be in political capacity to redeem their bills, pay their debts, and settle their accounts."
(C) "OCTOBER 26, 1787.-Instructions to the Commisioners for negotia
ting a treaty with the Tribes of Indians in the Southern Department, for the purpose of establishing Peace between the United States and the said tribes. “ GENTLEMEN,
“Several circumstances rendering it probable that hostilities may have commenced, or are on the eve of commencing, between the state of North Carolina and the Cherokee nation of Indians, and between the state of Georgia and the Creek nation of Indians, you are to use every endeavour to restore peace and harmony between the said states and the said nations, on terms of justice and humanity.
“ The great source of contention between the said states and the Indian tribes, being boundaries, you will carefully inquire into and ascertain the boundaries claimed by the respective states. And although Congress are of opinion that they might constitutionally fix the bounds between any state and an independent tribe of Indians, yet unwilling to have a difference subsist between the general government and that of the individual states, they wish you so to conduct the matter, that the states may not conceive their legislative rights in any manner infringed; -taking care at the same time that whatever bounds are agreed upon, they may be described in such terms as sball oot be liable to misconstruction and misrepresentation, but may be made clear to the conceptions of the Indians as well as whites.
“ The present treaty having for its principal object the restoration of peace, no cession of land is to be demanded of the Indian tribes."
(D) Instructions from the general assembly of Maryland to their Delegates
in Congress, directing them not to ralify the articles of Confederalion. Dec. 15, 1778.
“We think it our duty to iostruct on the subject of the confederation, a subject in which, unfortunately, a supposed difference of inteTest has produced an almost equal division of sentiments among the several states composing the union. We say a supposed difference of interests, for if local attachments and prejudices, and the avarice and ambition of individuals, would give way to the dictates of a sound policy, founded on the principles of justice (and no other policy but what is founded on those immutable principles deserves to be called sound) we flatter ourselves, this apparent diversity of interests would soon vanish, and all the states would confederate on terms mutually advanstageous to all; for they would theo perceive that no other confederation than one so formed can be lasting. Although the pressure of immediate calamities, the dread of their continuance from the appearance of disunion, and some other peculiar circumstances, inay bave induced some states to accede to the present confederation, contrary to their own interests and judgments, it requires no great share of foresight to predict, that when those causes cease to operate, the states which have ihus acceded to the confederation will consider it as no longer binding, and will eagerly embrace the first occasion of asserting their just rigtits, and securing their independence. Is it possible that those states who are ambitiously grasping at territories, to which in our judgment they have not the least shadow of exclusive right, will use with greater msderation the increase of wealth and power derived from those territories, when acquired, than what they have displayed in their endeavour's to acquire them? We think not. We are convinced the same spirit which prompted them to insist on a claim so extravagant, so repugnant to every principle of justice, so incompatible with the general weliare
of all the states, will urge them on to add oppression to injustice. If they should not be incited by a superiority of wealth and strength to oppress by open force their less wealthy and less powerful neighbours ; yet depopulation, and consequently the impoverishment of those states will necessarily follow, which, by an unfair construction of the confederation, may be stripped of a common interest, and the common benefits derivable from the western country. Suppose, for instance, Virginia indisputably possessed of the extensive and fertile country to which she has set up a claim, what would be the probable consequence to Maryland of such an undisturbed and undisputed possession? They cannot escape the least discerning.
“ Virginia, by selling on the most reasonable terms a small proportion of the lands in question, would draw into her treasury vast sums of money; and in proportion to the sums arising from such sales, would be enabled to lessen her taxes. Lands comparatively cheap, and taxes comparatively low, with the lands and taxes of an adjacent state, would quickly drain the state thus disadvantageously circuu.stanced of its most useful inhabitants ; its wealth and its consequence in the scale of the confederated states would sink of course. A claim so injurious to more than one half, if not to the whole of the United States, ought to be supported by the clearest evidence of the right. Yet what evidences of that right have been produced? What arguments alleged in support either of the evidence or the right ? None that we have heard of deserving a serious refutation.
“ It has been said, that some of the delegates of a neighbouring state bave declared their opinion of the impracticability of governing the extensive dominion claimed by that state. Hence also the necessity was admitted of dividing its territory, and erecting a new state under the auspices and direction of the elder, from whom no doubt it would receive its form of government, to whom it would be bound by some alliance or confederacy, and by whose councils it would be influenced. Such a measure, if ever attempted, would certainly be opposed by the on er states as inconsistent with the letter and spirit of the proposed confederation. Should it take place by establishing a sub-confederacy, imperium in imperio, the state possessed of this extensive dominion must then either submit to all the inconveniences of an overgrown and unwieldy government, or suffer the authority of Congress to interpose at a future time, and to lop off a part of its territory, to be erected into a new and free state, and admitted into the confederation on such conditions as shall be settled by nine states. If it is necessary for the happiness and tranquillity of a state overgrown, that Congress should hereafter interfere and divide its territory, why is the claim to that territory now made, and so pertinaciously insisted on? We can suggest to ourselves but two motives ; either the declaration of relinquishing at some future period a proportion of the country now contended for, was made tu lull suspicion asleep, and to cover the designs of a secret ambition, or, if the thought was seriously entertained, the lands are now claimed to reap an immediate profit from the sale. We are convinced, policy and justice require, that a country upsettled at the commencement of this war, claimed by the British crown, and ceded to it by the treaty of Paris, ił wrested from the common enemy by the blood and treasure of the thirteen states, should be considered as a common property, subject to be parcelled out by Congress into free, convenient, and independent governments, in such manner and at such times as the wisdom of that assein bly shall hereafter direct.
question. It cannot be supposed the state has the powers mentioned, without making the recited clause useless, and without absurdity in theory as well as in practice; for the Indian tribes are justly considered the common iriends or enemies of the United States, and no particular state can have an exclusive interest in the management of affairs with any of the tribes, except in some uncommon cases. The committee find it difficult to reconcile the said construction of the recited clause, made by the two states, and their proceedings before mentioned, especially those of Georgia, with what they conceive to be the intentions of those who made the said motion ; for the committee presume that the delegates of Georgia do not mean that Congress is bound to send their forces to punish such nations as the state shall pame, to act in aid of the state authority; to send her forces and recal them as she shall see fit, to make war or peace; such an idea cannot be consistent with the dignity of the union, and the principles of the federal compact. But the committee conceive that it is the opinion of the honourable movers, and also the general opinion, that all wars and hostile measures against the Creeks, or any other independeni tribe of Indians, ought to be conducted under the authority of the union, at least where the forces of the union are employed, that the power to conduct a war clearly implies the power to examine into the justice of the war, to make peace, and adjust the terms of it; and that, therefore, the terms or words of the said motion, if it be adopted by Congress at all, must be varied accordingly. But whatever may be the true construction of the recited clause, the committee are persuaded that it must be impracticable to manage affairs with the Indians within the limits of the two states, so long as they adhere to the opinions and measures they seem to have adopted. The difficulties, in fact, exist ; the states think it is their duty to counteract the powers of Congress, when carried, in conducting affairs with those Indians, beyond those parrow limits which the said states prescribe; the question therefore is, how shall these difficulties be avoided in a manner most agreeable to both Congress and the states? The committee discern but two ways practicable; the one is for the two states to make liberal cessions of territory to the United." States; the other is, for those states to accede to Congress's managin, exclusively, all affairs with the Cherokees, Creeks, and other independent tribes within the limits of the said states, so that Congress, in either case, may have the acknowledged power of regulating trade, and making treaties with those tribes, and of preventing on their lands, the intrusions of the white people. That of making liberal cessions of territory, all things considered, appears to be the most eligible, and likely to meet the approbation oi the two states ; several circumstancees induce the commitee to think this the best mode; they presume the two states will act on liberal principles, and adopt measures founded in sound policy, and calculated to promote the pational interest, they will consider that the lands proposed to be ceded, were arrested from Great Brituin by the coinmon exertions of the contederacy and that other states have ceded lands to the union in a similar situation, which are now selling for the common benefit of all the states. The committee conceive that several other considerations cannot escape the observation of the two states, which may be urged in favour of the cessions ; among other things of importance to those states, as well as to the union, inust be the advantages arising from putting the management of Indian affairs into the bands of Congress alone, and preventing irregular and dispersed settlements on the lands proposed to be ceded. The
committee believe that the two states, upon re-considering the subject, will be disposed to follow the liberal example of the other states in a similar situation, and, especially, as it will probably appear to the two states, that by making the proposed cessions, the difficulties they now
experience will be removed, that is, the controversies respecting ! Indian affairs, and those dispersed settlements which tend to render the
governments weak and feeble, and to produce expensive and calamitous wars with the Indians. The committee further observe, on the subjects referred to them, that it is probable the Indians in the southern department will turn their trade to Florida, unless regularly supplied by our citizens and traders ; and that the attention of the superintendent in that department ought to be seasonably directed to the encouragement and promotion of a regular trade between our citizens and those Indians. That the dispute between Georgia and the Creeks is become so serious, that it is probable a war will ensue, and the interference of the union become necessary, unless early measures be adopted for settling the controversy respecting the said Oconee lands; the committee think, therefore, that it should be recommended to that state, to use all possible means for preserving peace with the Creeks, and that they and the Cherokeos be informed, that Congress are pursuing measures to adjust all disputes about their lands. That Georgia be informed that Congress consider the union bound by the federal compact to protect every part of the nation, as well against the unjust and unprovoked attacks of the independent Indians within the United States, as against foreign powers; that Congress, however, can never employ the forces of the union in any cause, the justice of which they are not fully informed and convinced, nor constitutionally inferfere in behalf of the state against any such independent tribe, but on the principle that congress shall bave the sole direction of the war, and the settling of all the terms of peace with such Indian tribe. Whereupon the committee suggest the following resolotions : Resolved, That it be, and it hereby is earnestly recommended to the states of North-Carolina and Georgia, to make liberal cessions of territory to the United States, for their (?ommon benefit, to be governed and disposed of in the same manner as ti'ie territory of the United States, north-west of the river Obio, is, and shall be governed and disposed of. Resolved, That it be recommended to the state of Georgia, to use all possible means to preserve peace and friendship between the citizens of that state and the upper and lower Creek Indians, consistent with the principles of the confederation. Resolved, That Congress esteem it their duty to consider the causes and circumstances of any dispute or hostile proceedings between any state, or the citizens thereof, and any Indian tribe or tribe of Indians within the limits of the United States, not members of any of the states, and that Congress is bound to employ the forces of the union to punish any such tribe or tribes which sball make unjust and unprovoked attacks upon any part of the United States. Resored, That the superintendent of Indian affairs in the southern department be directed, without delay, to inform the Creeks and Cherokees, that Congress are pursuing measures for settling all disputes about the lands claimed by them and the white people; that he be directed to inform the Indians in his department, that Congress is always disposed to hear their complaints, which must be made through the superintendent, to redress their grievances, and to preserve peace and lasting friendship with them; and that he be directed to report the measures that have been adopted for supplying those lodians with merchandise.