ismembered by Congress, or restrained in the exercise of her
constitutional powers." Here the executive government acknowledges that it
made promises to Georgia, which it has been unable to perform--that it
guaranteed to that state the possession of lands over which it had no
legitimate control, on the mere assumption of being able to make their
purchase.
The Cherokees in their petition and memorials to Congress show, that Great
Britain never exercised any sovereignty over them;--that in peace and in
war she always treated them as a free people, and never assumed to herself
the right of interfering with their internal government:--that in every
treaty made with them by the United States, their sovereignty and total
independence are clearly acknowledged, and that they have ever been
considered as a distinct nation, exercising all the privileges and
immunities enjoyed by any independent people. They say, "In addition to
that first of all rights, the right of inheritance and peaceable
possession, we have the faith and pledge of the United States, over and
over again, in treaties made at various times. By these treaties our
rights as a separate people are distinctly acknowledged, and guarantees
given that they shall be secured and protected. So we have also
understood the treaties. The conduct of the government towards us, from
its organization until very lately--the talks given to our beloved men by
the Presidents of the United States--and the speeches of the agents and
commissioners--all concur to show that we are not mistaken in our
interpretation. Some of our beloved men who signed the treaties are still
living, and their testimony tends to the same conclusion." * * * * "In
what light shall we view the conduct of the United States and Georgia in
their intercourse with us, in urging us to enter into treaties and cede
lands? If we were but tenants at will, why was it necessary that our
consent must first be obtained before these governments could take lawful
possession of our lands? The answer is obvious. These governments
perfectly understand our rights--our right to the country, and our right
to self-government. Our understanding of the treaties is further supported
by the intercourse law of the United States, which prohibits all
encroachment on our territory."
The arguments used by the Cherokees are unanswerable; but in what will
that avail them, when injustice is intended by a superior power, which,
regardless of n
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