SENATE.] Mr. Foot's Resolution. [MARCH 4, 1830. made for these objects, Congress has virtually no control tional lawyer, who, in an address to the Tennessee Legisover our foreign intercourse, and we may hereafter ex- lature, on the 7th of October, 1825, explained this subpect that our ministers abroad will be withdrawn on the ject so fully that I shall be pardoned for producing a large accession of every new incumbent of the Presidency; that extract from that valuable state paper, especially after the new men will be sent to supply their places; and that the gentleman from Tennessee has adverted to it, and made whole relations of the country with foreign Powers will an argument upon it. be changed, or thrown into confusion, at the end of every "With a view [says he] to sustain, more effectually, in four years. Admit the power of the Executive, without practice, the axiom which divides the three great classes appropriation, to recall and to appoint ministers, and by of power into independent constitutional checks, I would the operation to bring the nation in debt, for the public impose a provision, rendering any member of Congress good; yet show us how the public good required this in- ineligible to office under the General Government, during creased expense. Take a case for example, and let some the term for which he was elected, and two years thereingenious advocate of the administration assign a reason after, except in cases of judicial office. The effect of why our late minister near the court of St. James was re-such a constitutional provision is obvious. By it, Concalled. Mr. Barbour had acquitted himself faithfully in gress, in a considerable degree, would be free from that every public trust which had ever before been confided to connexion with the Executive department which at prehim, and was at the time of his recall discharging, with sent gives strong ground of apprehension and jealousy on honor to himself and his country, the high duties of his the part of the people. Members, instead of being Lable mission. In what respect was he thought to be either in- to be withdrawn from legislating on the great interests competent or unfaithful? Was any new policy to be of the nation, through prospects of Executive patronage, adopted in our relations with England which he would not would be more liberally confided in by their constituents; espouse? Take another case, and inform us why the while their vigilance would be less interrupted by party gallant Harrison, the hero of Fort Meigs, the victor at feelings and party excitements. Calculations, from inTippecanoe and the Thames--a veteran in council, as well trigue or management, would fail: nor would their as in the field-distinguished for his virtues in all the re- deliberations, or their investigation of subjects, conlations of the citizen, the soldier, and the statesman; why, sume so much time. The morals of the country would I ask, was he proscribed as unfit to represent his country be improved, and virtue, uniting with the labors of the abroad, and withdrawn from Colombia, to make room for Representatives, and with the official ministers of the law, Thomas P. Moore? He had scarcely arrived at Bogota-would tend to perpetuate the honor and glory of the Gothe ink was still fresh on the Executive record which in-vernment. But, if this change in the constitution should formed the President that it was the advice of the Senate not be obtained, and important appointments continue to that he should represent us there, when the order for his devolve on the Representatives in Congress, it requires no removal was announced. This could not have been done depth of thought to perceive that corruption will become for any official misconduct. There had been no time to the order of the day; and that, under the garb of coninquire into that. Was his fidelity distrusted, then? Or scientious sacrifices to establish precedents for the public how did the public good require his dismissal? Think you good, evils of serious importance to the freedom and prosit will tell well in the annals of history, that he who had perity of the republic may arise. It is through this so often periled life and limb, in the vigor of manhood, to channel that the people may expect to be attacked in secure the blessings of liberty to others, was punished for their constitutional sovereignty, and where tyranny may the exercise of the elective franchise in his old age? Sir, well be apprehended to spring up, in some favorable it was an act, disguise it as we may, which, by holding out emergency. Against such inroads, every guard ought to the idea that he had lost the confidence of his country, be interposed; and none better occurs than that of closing might tend to bring down his grey heirs with sorrow to the the suspected avenue with some necessary constitutional grave. But the glory he acquired by the campaign on restriction." the Wabash, and by those hard-earned victories for which It is interesting to examine how far this administration he received the warmest acknowledgments of merit from has actually practised on these maxims. Why, within the the Legislature of Kentucky, and the full measure of a very first year, six members of the Senate, being onenation's thanks in the resolutions of Congress, can never eighth of the whole body, as it was composed during the be effaced; and any effort to degrade their honored ob- twentieth Congress, have been appointed to some of the ject will recoil on those who make it, until other men, in most important offices within the gift of the Executive. better days, shall properly estimate his worth, and again As yet, the message of this session reiterates the princicheer his declining years with proofs of his country's con- ples of the Tennessee letter, with a slight reservation, by fidence and gratitude. If, then, these acts, and others of way of covering the case as it now exists. By that letter, a similar character, be hostile to the spirit of the con-judges alone might be selected from the members of Constitution, can we regard the expenditure of public money gress. By the late message we are informed that "the they have occasioned as a proper redemption of those pledges which, on this day last year, so much delighted us, to observe a strict and faithful economy, and to keep steadily in view the limitations as well as the extent of the Executive power?" necessity of securing in the cabinet, and in diplomatic stations of the highest rank, the best talents and political experience, should, perhaps, (even here we have a quere) except these from the exclusion." If it be, "perhaps," necessary to change the constitution to save us from doing The pledge to preserve the rights of the sovereign wrong, why not do right without the change? The new members of our Union, as well as the defence of the ad-reservation is a flat departure from the maxims of 1825: ministration, made by the gentleman from Tennessee, and still even that does not cover the acts of the Executive: lead us to the reflection that more members of Congress, for we have not only diplomatists and cabinet ministers who were friendly to the election of the present Chief (important officers!) chosen from the members of ConMagistrate, have been appointed to office by him, within gress, "within the term for which they were elected, and the compass of a single year, than have been appointed two years thereafter," but important appointments of a by any other President during the whole course of an ad- very different character, even in the post office and the ministration of eight years. The consequences of this customs, continue to devolve on them, convincing those were foreseen and deprecated by the founders of our Government, but the provision which they inserted in the constitution to prevent them has proved inadequate to its object. Such was the opinion of a favorite constitu Mr. Van Buren, Secretary of State; Mr. Branch, Seert tary of the Navy; Mr. Berrien, Attorney General; Mr. Eaton, Sceretary of Wat Portland. [Here Mr. GRUNDY explained. He stated that he had alluded to the letter in reply to the Senator from Indiana, Gen. NOBLE.] [SENATE. who have become proselytes to the Tennessee doctrine, the cunning malice of Robespierre with the native ferocity without any great depth of thought, that corruption may of Danton. He was a compound of the vices of both his become the order of the day, and that, under the garb of coadjutors; of all that on earth was flagitious, mean, inconscientious sacrifices for the public good, evils of serious human, and inexorable: for he came from the schools of a importance to the freedom and prosperity of the republic faction which trained its disciples to cry havoc without may arise. But the gentleman from Tennessee, who call- mercy, when bounty lured them up the path to blood and ed our attention to the letter, and without whose notice death. The examples of that day teach us how easy is of it I should hardly have adverted to it, say ́s-the transition from the hireling libeller to the brutal murderer; and that he whose habits have long accustomed him to live upon the ruins of private reputation, would shed the blood of his victim with pleasure, if paid to do Mr. CLAYTON continued. Sir, the honorable gentle- the deed of death. An independent, able, high minded man's reply was, that the people ought to have changed editor is an honor to his country, and to the age in which the constitution, but that, without some constitutional re- he lives. He is the guardian of the public welfare, straint, the President was under no obligation to practise the sentinel of liberty, the conservator of morals; and what he formerly preached. However valid that defence every attempt to allure or to coerce him to desertion may appear, it is not the opinion of my constitutional law- from his duty should be regarded as an insult and an yer: for, in that same letter, he says, "it is due to myself injury to the nation whose interests he is bound to deto practise upon the maxims recommended to others." fend. It is less manly in an assailant, and not less inThese and similar pledges obtained for him thousands of dicative of hostility, to bribe the sentry on the walls of votes, during the canvass of 1828, and ought to have been your citadel, than to gag him and hurl him from its battle redeemed. "When the blood burns, how prodigil the soul Moreover, it will require much "depth of thought" to convince us that a President cannot do what he thinks right, without some constitutional restriction to prevent him from doing what he knows to be wrong; or that a man of sound mind and good disposition cannot avoid the destruction of his own family unless you treat him like a madman, by tying his arms and depriving him of the means of doing injury. a ments. It is more dangerous to corrupt the press by the prospect of office, than absolutely to silence it by sedition laws; because, although by the latter course it may be destroyed, yet by the former it may be made the engine of tyranny. The charge of an undisguised effort to subdue its energies in the days of the elder Adams, brought down upon the heads of all who were friendly to the sedition act the full measure of public condemnation; and it yet remains to be seen what will be the effect produced by an attempt to buy and prostitute it. We have pack in full cry upon the trail of every man whose integrity of purpose will not suffer him to bend before powThere was, however, no pledge in the inaugural so er; and friends, and character, and happiness, are torn striking or so important, as the recognition of that obliga- from him by them, with as little remorse as was felt by tion, then said to be inscribed on the list of Executive du- the bloodhounds of the old French litter. Can all these ties, by the recent demonstration of public sentiment, to things be justified by the examples of the illustrious Jefcounteract those causes which brought the patronage of ferson? Sir, his real friends will at all times spurn the the General Government into conflict with the freedom of imputation which the very question conveys. They will elections. Sir, your Postmaster General, wielding the remind you that the first prominent act of his administrapatronage of his Department over clerks, deputies, con- tion was to disembarrass and untrammel the press; to tractors, and agents, in numbers amounting to nearly disengage that "chartered libertine" from the shackles of eight thousand men, has, for political effect, removed authority, and leave him free as mountain air. They will from public employment, in pursuance of a general sys- tell you that the great maxim he adhered to till the latest tem, so vast a proportion of the old and faithful public ser- period of life, was, that "error of opinion should always vants connected with that immense establishment, that its be tolerated while reason was left free to combat it;" resources and its energies are impaired, public confidence that he rewarded the office hunting libeller who had slanis diminished, and suspicion, darkening this great avenue dered his predecessors with a view to gain by his election, to light, as she spreads her dusky pinions over it, whis- with his unconcealed and unmitigated scorn and contempt; pers that some of its recesses have been converted, for po- that he bought no man's services with gold, adopted no litical purposes, into posts of espial on the private inter- system of pensioning presses with office, offered no lures course of your citizens. The public press, too, by the to libellers, employed no assassins of character. Three instrumentality of which alone this republic might be years ago, when the great Western Statesman, who has, prostrated; by the influence of which a President might for his independence, been hunted like a wild beast, filled, be swelled into a monarch; has been-not shackled by a with honor to his country, the office of Secretary of State, gag law-no, sir, but subsidized, by sums approximating he became an object of the bitterest vituperation, by disto the interest on a million of dollars, granted in the way charging some half dozen printers from the petty job of of salaries, jobs, and pensions, to partisan editors, printers, publishing the laws; and although the whole extent of proprietors, and all the host, directly and indirectly, con- this exercise of patronage, as it was then called, did not nected with and controlling it. The appointment of edi- amount to more than a few hundred dollars, yet it was tors to office is not casual, but systematic; they were ap- considered as an exertion of power vitally dangerous to pointed because they were editors. In the days of the the country-as tending to establish a Government Press. French Revolution, when the press was bought up with the Such a press was said to be more alarming to the liberties public funds, the country was flooded with envenomed of the people than a palace guard of six thousand men; effusions from the jacobin prints. The post of profit and the acts of the Secretary were denounced as being was then erected in the kennel, where a venal pack calculated to "sap the vigor, degrade the independence, bayed, like bloodhounds, for murder. Marat was distin- and enfeeble the vigilance, of the sentinels on the watchguished, as the editor of a revolutionary journal, for vio- tower of liberty, whose beacon lights should blaze with lence and vituperation; and, having published his demand pure and undying lustre." But now, when so many of of two hundred and sixty thousand heads, as a sacrifice to those very sentinels have been subsidized by office, and liberty, was soon elevated to one of the highest offices of the the new stipendiaries have formed in battalia about the republic, where, as a member of the infernal triumvirate, throne, presenting their pikes, in close array and forty which deluged France in tears and blood, he combined deep, for its defence, the lofty eloquence of these patriot SENATE.] Abolition of Duties, Taxes, &c. [MARCH 5, 1830. orators is heard no more within our walls; their harps he does not poison its point. My objects, I trust, howhang on the willows; and instead of ringing an alarm ever, have been above such warfare. I have endeavored through the land, they are hushed into the deepest silence to preserve unimpaired the rights of the tribunal establishand the most tranquil repose. ed by our forefathers as the only common umpire for the In this brief and hasty review of the prominent charac- decision of those controversies which must arise in the teristics of the first year of this administration, [said Mr. best regulated political families, and to show that, without C.] we have observed those acts which, in the opinion of the aid of such a tribunal, we must sink back into that the honorable member from Tennessee, will have no more anarchy which, among all other nations, and in all former effect upon the American public than "an attempt to ages, has been the sure harbinger of tyranny. I have agitate the ocean by throwing pebbles on its surface." labored to sustain what I believe to be the right and duty We find, however, that the removals to which he referred of the Senate: to interpose a barrier against the improper have not amounted only to the dismissal of a "few subor- exercise of Executive power, which now controls, either dinate officers," but to a thorough revolution among the directly or indirectly, nearly every avenue to every station, most important and most faithful functionaries of the Go-whether of honor or profit, within the gift of twelve milvernment; and it ought to be remembered that even the lions of people. But, if the sentiments which have been subordinate officers alluded to were freemen. I may avowed by gentlemen of the majority on this floor should know less of this world than the able and experienced be supported by the American people, their giant parmember from Tennessee, but I still think this nation will ty, which has already borne upon its shoulders a weight look to an act of tyranny, which tramples a faithful ser- greater than the gates of Gaza, will, in the overthrow of vant under foot, or turns him out with scoffs and con- both these objects, wrench the very pillars of the Governtempt, however humble his condition may have been, ment from their foundations. Then we shall find how with feelings very different from those manifested by the dreadful are the consequences of such doctrines. Upon advocates of power. They may not care for the little their construction of Executive power, should one, possalaries, but they will look to the principle of Executive sessed of the temper and ability which have so often chaaction-to the motive which makes that action dangerous. [racterized the consuls and chiefs of other republics, obtain Does the honorable gentleman recollect the reason for the Presidency--such a man as Napoleon meant to dewhich John Hampden refused to pay the ship money? The scribe when he spoke of the Russian" with a beard on his sum for which he contended amounted only to a few chin"-exercising, as he may, in the spirit of oriental pence, yet the claim of a British monarch to it was resisted despotism, perfect command over the army, the navy, to the utmost, and the feelings of an English public were the press, and an overflowing treasury, the merest drivelagitated like the ocean in a storm, not on account of the ler may foresee that our liberties will fare like the "parsums to be paid under the illegal exaction, but because it tridge in the falcon's clutch." The very sentinels of our was an encroachment on their rights, and an abuse of freedom will be bribed by him, with our own gold; and power. Every genuine American republican carries the even many of those who have so triumphantly borne aloft spirit of John Hampden in his bosom. Surely the hono- the stripes and stars, amidst the thunders of battle, will be rable member's own high estimate of national character compelled to "beg bitter bread," or to turn the steel, will not suffer him to entertain the degrading idea that an which we have placed in their hands, against our own boEnglish public, under an English monarch, cherished a sonis. He will readily gain to his purposes a flock of those loftier sense of liberty, or a more determined spirit of re- voracious office hunters, whom we have seen brooding sistance to the abuses of authority, than his own country-over the spoils of victory, after a political contest, like so Has he forgotten the reason which induced our many vultures after a battle, perched on every dead bough ancestors to resist the tea duties and the stamp tax? Was about the field, snuffing the breeze, and so eager for their it only the sum to be levied which set this continent in a prey that even the cries of the widow and the orphan flame, or was it the oppressive principle upon which those cannot drive them from the roost. It has been said, and claims were founded? If the mal-administration of Exe-I believe truly, that we can never fall without a struggle, cutive power has been such as even to "exceed the con-but, in the contest with such a man, thus furnished by ourception" of that great patriot, whose opinions we both re-selves with all appliances and means to boot" against verence so highly, why is it that the honorable member us, we must finally sink. For a time our valleys will echo views with such contempt the sum of the salaries awarded with the roar of artillery, and our mountains will ring to Executive partisans, and all the distress and anguish with the reports of the rifle. The storm of civil war will inflicted on the sufferers by proscription, while he over- howl fearfully through the laud, from the Atlantic border looks the principles which have been violated, and the to the wildest recesses of the West, covering with desolaconstitution which has been trampled under foot? Here tion ever field which has been crowned with verdure by is the ground on which we have arraigned your adminis- the culture of freemen, and now resounding with the tration; and although its friends may laugh its victims to scorn, they should recollect that what is theirs to day may shortly be in the power of another; though they now consider this as a mere gossamer, floating in the political atmosphere, and have even told us it is a feather, which can weigh nothing with the people, they should recollect that this feather is torn from the plumage of the American eagle, and that the transgression which they now regard as so venial, may be a precedent to sanction the usurpation of power for the destruction of the liberties of the people. Having closed my remarks in reply to honorable gentlemen, suffer me now to say, sir, that it has been no part of ABOLITION OF DUTIES, TAXES, &c. my object to embitter the feelings of my associates by per- The Senate, on motion of Mr. BENTON, proceeded to sonal allusions to them, although I have intended, upon the further consideration of the bill, introduced by himself, the challenge of the gentleman from Tennessee, to speak for the abolition of sixteen millions of duties, &c. &c. out as "boldly, frankly, and freely," as he might reason- [When this subject was last under consideration, a ques ably desire. But if any luckless arrow of mine, inadver- tion of order was raised by Mr. FOOT, of Connecticut, tently shot, rankles in the bosom of any member here, he whether, on account of a section of it, which proposed to is welcome to send it back with his best force, provided raise the duty on certain articles, this bill was within the men. echoes of our happiness and industry. But the tempest must FRIDAY, MARCH 5, 1830. MARCH 6, 8, 1830.] Georgia and the Cherokees. [SENATE. constitutional power of the Senate to originate it; which these laws are before us? How are we to illustrate the question, the Vice President not choosing to exercise his issue between this nation and the State of Georgia and the prerogative of deciding, had submitted to the decision of Cherokees, without the laws of Georgia, which materially the Senate.] Mr. BENTON declined saying any thing on this question, his only object being to have a decision one way or the other, that his bill might be advanced so as to take the usual course of bills thus introduced. The yeas and nays having been required, and ordered to be taken, on the question of order belong to it? And how will that issue be illustrated by the laws of Delaware, Maine, New Hampshire, or of any other State? If gentlemen wish to have the laws of the other States, he, [Mr. F.] had no objection; but he wanted to see the laws of Georgia, to assist him in the argument which this important question will necessarily bring on; and he hoped that the Secretary would be able to furnish Mr. WEBSTER suggested that it could hardly be ex- them. Some time ago, [said Mr. F.] I moved a resolupected that, if a question of this importance, in a consti- tion that the Secretary of War furnish information to the tational view, was to be gravely decided upon a point of Senate, stating the progress which certain Indian tribes order, it could be so without some discussion. This dis-had made in the mechanic arts, their advance to a state of cussion, he thought, might well be avoided, at present, civilization, and their condition as regards agriculture, &c. by the gentleman's withdrawing his bill, or modifying it so as to take out the feature excepted to. The VICE PRESIDENT said that the bill might be withdrawn by the gentleman who introduced it, with the unanimous consent of the Senate, but not otherwise. Mr. BENTON then asked leave to withdraw the bill. No objection being made, the bill was withdrawn by Mr. BENTON from the table of the Senate. SATURDAY, MARCH 6, 1830. The Senate was chiefly occupied this day in discussing some provisions of the bill making appropriations for the support of Government for the year 1830. MONDAY, MARCH 8, 1830. GEORGIA AND THE CHEROKEES. The gentleman from Georgia [Mr. FORSYTH] then moved this information, and, as far as I know, we are no nearer it now than we were when the resolution passed. So it will be with this resolution, if its objects are made as comprehensive as the gentleman's amendment proposes. Why branch out this resolution, when the question which we have to consider refers simply to the right of Georgia to legislate as she has done? Why embarrass it with asking for the printing of all the laws of the States relating to the Indians, from the commencement of this Government? My object is to bring the legislation of Georgia towards the Cherokees to the view of the Senate, to enable me to decide the issue between them. Will the laws of other "That the remonstrance of the State of Georgia against States [Mr. F. asked] give us any assistance in deciding treaties previously formed by the United States with the this issue? The laws of New York, of Massachussetts, or Indians in that State, and against the intercourse law of Rhode Island, or of any other State, [he said] had no con1796; and the report of the House of Representatives of nexion whatever with, or any relation to, the question the Georgia, of the 11th February, 1786, be printed." Mr. FORSYTH made the following motion; in doing which he said that he considered the documents therein referred to necessary to a full examination of the question concerning the laws of Georgia and the Indian tribes residing within that State: Mr. FRELINGHUYSEN moved an amendment, the object of which was to include also the laws of Georgia, recently passed, extending jurisdiction over the Cherokee Indians. The PRESIDENT observed that he was informed by the Secretary that these laws were not on the files of the Senate. Mr. FRELINGHUYSEN said he supposed that the Secretary could obtain them. Senate is called upon to discuss. Mr. F. hoped the Senate would keep the call for the laws of the several States, if they desired to have them, separate from his proposition, which could be accomplished in a week, whereas that of the gentleman from Georgia would produce much delay, Mr. FORSYTH, in reply, stated, that the first objection of the gentleman to his amendment was, that the postponement of the information which it would cause, would be so long as to render it useless. He supposes [said Mr. FORSYTH said he had no objection that the laws Mr. F.] that it will be necessary to make an extensive of Georgia should be printed, but he presumed that all the search, and to print volumes before the information can laws of all the States having relation to the same subject, be laid before the Senate. Having examined this subject ought also to be printed. He said he would accept the attentively, I can assure the gentleman that the informaproposition of the gentleman from New Jersey as a modi-tion can be procured without the delay he anticipates, fication of his resolution, if the objects of it were extended and that the printing of it will not occupy more than so that it should embrace the laws of all the States in ninety pages, as a friend of his in the other House, after a which Indians have resided, concerning their relations. minute examination, had estimated. It can be had in proMr. FRELINGHUYSEN said that this amendment per time also. But the gentleman says that such inforwould cause too much delay. To wait till the Secretary mation is not necessary, and that the laws of Georgia only had procured and printed all these laws would be to wait are required. What was the question to be considered? till the session of Congress had closed. The only tenden-The gentleman has said it was as to the right of Georgia cy, then, of this proposition, would be to defeat the ob- to legislate, in the exercise of jurisdiction, over the Inject he had in view. It appeared strange, that, when a dian tribes residing within her limits. Are the laws of question is to be discussed in relation to the laws of Geor-Georgia alone important to a due consideration of this gia, the materials which are deemed necessary for that dis-question? The gentleman talks of the policy, of the excussion will not be given to us. It cannot, [said Mr. F.] pediency, and of the humanity, of these laws extending be disguised, nor denied, that the principal question we jurisdiction over the Indians? Were these questions to have to decide, is in relation to the right of Georgia to le-be submitted to the Senate when the right of the State gislate as she has done. If that question is settled, all will to legislate in this matter was admitted? If the right is be at an end: but until that question is settled, how are in Georgia to pass these laws, the manner of executing we to decide on the right of Georgia to pass those laws? them is not to be discussed here. The Senate-the ConHow can we decide on their policy or expediency, untilgress of the United States--is not the place where the SENATE.] Georgia and the Cherokees. [MARCH 8, 1830. State of Georgia is to be arraigned for the exercise of her thing addressed to the honest understandings of the Seadmitted rights. But, if the question is to be debated nate and of the people will produce a conviction of the here as to the policy, the expediency, and the humanity rights of the Indians in this question, I hope their rights of her laws, and those laws are therefore to be called for, will fail to be sustained. I disclaim [said Mr. F.] the aid why not include also the laws of other States? Is any of all such arguments, and I cannot but express my surdifference to be made between Georgia and Alabama, prise at the anticipations of the honorable Senator. I Georgia and Mississippi, Georgia and Massachusetts, or hope that the rights of the Indians will be fully and fearany other States? The right exercised by Georgia, we lessly examined on this floor. I know they are but a poor claim she has a power to exercise; and when a question and feeble people, and that the State of Georgia is a as to this right is made, we will appeal to our sister States, great State. But, poor and feeble as they are, I will raise and demand to be judged by their acts. And when the my voice in support of whatever may appear to be their manner in which the laws have been executed is ques- just rights. It is for the reasons I have stated before, tioned, we will appeal to the same examples, and will that I wish to have the laws of Georgia printed which show that we have acted towards the Indians with more have produced the excitement throughout the country, bumanity-more justly, more kindly, and more generous- and the discrepancies between the departments of Goly, than any of them. Mississippi has been more gene-vernment, of which we have had evidence. It is said, rous than any of the States, for she has extended to the if Georgia possesses the right to legislate on this subject, Indians all the rights of citizenship. But, with this ex-we have no occasion to look at her laws. For aught ception, Georgia has been more just, more humane, and that appears, it may be as the gentleman maintains, that generous, in her policy towards the Indians, than any Georgia has afforded the Indians within her territory State of the Union, whether in the East, in the North, in more protection than any other State. The gentleman the South, or in the West. If I am willing to gratify the says she has been more humane in her policy, and more gentleman from New Jersey, why does he refuse to con- conciliating in her conduct towards them than any of her sent also to the printing of the laws I propose? The gen- sister States. If so, let us [said Mr. F.] have the proof. tleman says, the question to be discussed here is confined Let us see her laws, and we will be the better enabled to to the Cherokees, Georgia, and the United States. I speak of her generosity. think differently: I think it involves the case of all the Indians residing in all the States, however small or large their numbers may be. Public rumor has informed us that Georgia has acted unkindly towards the Indians, and it is said that the law which has been passed concerning them, and which has The gentleman [said Mr. F.] alludes to a resolution produced so great an excitement, will go into operation he offered some time ago, and to the decision of the on the 1st of June, 1830. We are called upon to decide Senate on it, and on the amendment I offered to it. the right of Georgia to pass such a law. Rumor, I have He complains that the information desired has not been long learnt to know, has a thousand tongues, not one of presented to us, and has not arrived in time to suit his which may report the truth; and it may be, so far from purpose. Was the amendment I offered the cause of this these reports being true, that the laws of Georgia actually delay? The gentleman asked for information respecting afford that protection and kindness to the Indians which the condition of the Cherokee Indians, who are at least the gentleman claims for them. Grant [said Mr. F.] the six hundred miles distant from us. Suppose the informa- simple abstract right of Georgia to legislate over all her tion he sought for was not in the department to which he citizens, and to extend her jurisdiction over the Cheapplied, where could it be found but among the Cherokees? rokees, yet what can this avail, if, as rumor speaks, she And from whom could it be procured unless from the does, in exercising it, come in direct collision with agents of the Government who reside amongst them? treaties made between the Cherokees and the United Some time must, therefore, necessarily be occupied in States? Why, then, embarrass the amendment I have protransmitting it to us, and he hoped the information would posed for obtaining information on this very point, by be had in proper time to enable us to use it to the best encumbering it with all the laws of all the other States advantage. As to the laws of Georgia which are wanted, relating to the Indians? The gentleman asks, why not the only advantage they can be of, will be, to afford gen- include the laws of Alabama, &c. in the amendment? It tlemen an opportunity to adresss themselves to the pas- is because neither Alabama, nor any of the other States, sions and prejudices of members of the Senate, and of has passed a law which will go into operation next June, the people out of it. They can be used with effect for and which has been the cause of so great an excitement such a purpose, and this I anticipated when the subject as the law of Georgia which is in question. All I want, was first agitated. Therefore, I wish to be put in posses- then, is the law of Georgia; and if gentlemen wish to sion of materials to repel the insinuations, should any be have other laws, which will occupy eighty or ninety made, against the conduct of the State of Georgia. The printed pages, and take some time to collect, let them gentleman can have the laws of Georgia for his own use make a distinct proposition for them. I do not wish that a without this resolution, but if he wishes to be supplied resolution calling for information, directly connected with with them in the more formal manner, I am perfectly wil- the scene in which this question originated, should be emling, provided they alone are not singled out for the theme barrassed with extraneous inquiries. As to the resolu of his investigation. All we ask is a fair development of tion I heretofore offered, and the delay of the information the subject, and a full examination of its details; and then it called for, which the gentleman has attempted to the decision of this branch of the Legislature and of the other will not fail to be satisfactory to the people of the United States, as well as of the State of Georgia. explain the cause of, by stating that it had to be ob tained at a distance of six hundred miles from this, I would ask him whether the amendment he then offered tended Mr. FRELINGHUYSEN said that, so far as respected to expedite it. If the information was to be procured the anticipations of the gentleman that the laws of Geor- from a source six hundred miles distant in one direction, gia would be made a theme for enlisting the prejudices or would a proposition tend to accelerate it which required exciting the passions of any one, he hoped the gentle- additional information from Maine, Rhode Island, &c. a man would be disappointed, and, [said he] as to the thousand miles of distance in an opposite direction? Mr. manner in which he supposes I intend to use them, IF. trusted that his amendment would meet the views of the know he will be disappointed. If the interests of the Senate, and that the laws of Georgia, which are to underIndian tribes are not to be protected but by the aid of the go consideration here, and which have produced an exprejudices and passions of the Senate, and of the people citement throughout the country, would be furnished for out of the Senate, I hope their interests will fail. If no-the information of the Senate. |
