Indiana Palladium, Volume 6, Number 41, Lawrenceburg, Dearborn County, 16 October 1830 — Page 1

"H7 i fee scon 'ft-' HHIIH'Titl If MIWH'W Him Ji H ' I'll i iKY3Lrr;ts DEVOTED TO jVEIVS, POLITICS, IjYDUSTRY, MORALITY, LITERATURE, AJYD AMUSEMEjXT. Volume VI. LAWKENCEBURGH, (INDIANA;) SATURDAY, OCTOBER 16, 1830. Number 41.

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From the Richmond Enquirer, THE CHEROKEES. We lay before our readers the cor respondence between Mr. VViit aud the Gov. of Georgia. The reply of

the latter is spicy and piquant enough. We undei stand the following to be facts; and we state them at this time, because they serve to explain paiticular allusions in these lett. rs. We un derstand then that the Cherokees are governed by a council of about thiny; most, if not all of whom, are not Indians, but mixt Breeds and that these govern the tribe in most cases with an almost arbitrary will. This Oligarchy had been in the habit of receiving the Annuities from the government of the Uni'ed States no portion of which was ev r, or very rarely, distributed among the Indians themselves but the-se pri vileged mixed beeds received the an nuity, and applied a part of it to the support of the Phoenix Press, to the support of a Bank, or any other purpose, for their own benefit, under the pretext of supporting the government, and of advancing the interests of the Nation. These men, who enjoy most of the benefits of the Oligarchy, are of course opposed to Emigration, and are the most active in enlisting Counsel; and carrying up the cse to the Supreme Court of the U. states. These are the "polished gentlemen" to whom Alr. Wirt alludes. Ross, the Chief of the Tribe, i3 himself one of the mixed breeds, with probably not more than l-5th or 1-Gth of Indian blood in his veins with little or none of the copper colour on his skin. Others of the council are also mixt and of different proportions of Indian blood. These are the people who clamour against Removal, fee lawyers and are seeking injunctions. But the greal body of the Indians are poor& miserable wretched in their appearance and profiting little, or nothing, by the annuities of of the United States From the New York Evening Post. M:. VVirt, the late Attorney G nra!, long eminent for his ingenuity and eloquence as an advocate, has been employed professionally by the w hire men who call themselves (he Cherokee government. S .me of them are raiht i gentlemanly person?, as we hear ana we presume the) py him well for hiservices. In pursuance of his professional engagement, he has written an elaborate opinion in favor of his clients, which has been published iu some of the newspapers. Tiie substance of this opinion h, that the Cherokees are a Boveieign nation, and not the less so for having placed themselves under the protection of the United States; that the territory of the Cherokees i3 not within the jurisdiction of ilv.- state ot Georgia, but witnin the ex lusive jurisdiction of the Cherokee nation; thai she has no right to extend her laws over ii; and, finally, that the late law of Georgia on the subject, is unconstitutional and void, as being repugnant to the treaties between the United States and the Cherokees repugnant to the law of 1800, regulating trade between the whites and the Cherokees and repugnant to the constitution, as it impairs the contracts arising under the treaties with the Cherokee?, and, "moreover, affects to regulate intercourse with art Indian tribe." Mr. Wirt has also, as attorney of the Cherokee chief?, addressed a letter to the Governor of Georgia, fT ring to m ik up a case, to be submitted to th" St! preme Court of the U. States for denion. The letter, pace Vmti viri, is rather a canting sort ot production, and is treated by Governor Gilmer in a strain of sarcasm of almost unequalled severity. Among other thing-, the chief magistrate ot Georgia intimates to the Maryland barrister, that if his advice should xcite an insurrection ot the Indians, he must h H himself answerable for It to the laws of Georgia, if ever he should come within t tie limits of that state. O e passage of governor Gilmer's letter we do not lik that in ivhich he intimates that M. Wirt had in his communication called himself a distinguished lawyer. Mr. Wirt's expression does not convey this idea by any fair construction. We publish this curious correspondence, and the more willingly as Gov. Gilmer's letter con tains some information as to the different classes of which this Cherokee nation is made up. MR. WIRT TO GOV. GILMER. Baltimore, J une 4th , 1 830. Sir A just respect for the elate of

Georgia, and a desire to avoid a mi" Cunstiuction, which might be attended with evil consequences, seem to me to call for a communication which under other circumstances, might well be deemed officious and intrusive. The xcitement with regard to the Indians within your borders is already so high, and. in this state of feeling, measures of the most innocent character are so easily misapprehended and converted into causes of offence, that I persuade myself your Excellency will at least approve the motive of this letter as a measure of peace. The Cherokte nation have consulted mi, professionally, as to their rights ur.der their various treaties with the U -iled States. Among other questions, they have asked me whether, under the federal constitution, laws, and treaties, the state of Georgia has the right to extend her laws, compulsively tnto" their nation; and whether this question can or cannot be carried for decision to tho Supreme Court of the United States. I am fully aware o( Hie serious import of these questions, and regret exceedingly that they have arisen. I foresee the disastrous consequences which may be made to flow from giving the controversy this direction; and yet if it be met and conducted with proper temper, as I trust it will,

it is quite apparent that it may prove he means of peace and reconciliation. I have not sought this consultation. It has been cast upon me in the common and regular practice of my profession; and according to my understanding of my professional duties, I am not at liberty to refuse either my advice or services to any one who comes to consult me on his legal rights, and who has nothing more in view that the assertion of those rights according to the course (jf the laws of the land. I is my misfortune to differ with the cn-tituted authorities of the State ot Georgia, on the question of her power to extend her laws into the Cherokee nation; and the late debates in Con ress will have satisfied your Excellenty thai in this opinion I am not singular, hut that I hold it in common with many of the most distinguished lawyers on our continent. We may be wrong: and, a infallibility is not the lot of mortals, those who hold the opposite opinion may possibly be wrong. Fortunately thjr- exists a tribunal before whir h this liiff ience of opinion may be quietlv ad peaceably set tit d,anu tothis ribuoa! I think it may be-regularly re ferred. I perceive that in the debates to which I have alluded a mistaken humanity has been supposed to warp the judgment on one side cf this question, and interest on the other. In the Supreme GVurt of the United States, we shall find a tribunal as enlightened as can be expected on this earth; or if partiality can be supposed to find way into that high tribunal, on any occasion it is j not on ueh a one as this, that the Cherokee nation have a right to expect iliu their favor. To them the courts j of the United States are foreign courts, while they are the domestic tribunals j of the States of the Union. I have told these people that I am willing to assist them in bringing their rights to final decision before the Supreme Court of the U. S. on the condition that they conduct themselves peaceably towards the people ot Georgia, and of the Uuiitd Stales, and that they make tin question purely a ques ion of law for our courts: but that I will abandon them and their cause on he fir?t iiggres&ton by violence on the whi'e people around them, which shall he authonzjd by their naiior. Ii is but justice to add that those cf the nation who have been at Wa:bington through the. winter, I have not discovered the slightest disposition to violence. Ticjy ar civilized and well informed men they wear our dress speak our luguage correctly and in their manners md'eate all the mildness and much of the culture and courtesy of our own best circles. They assure me that their people at borne have abandoned the habits of savage life, and subsist by agriculture and the other Usual Sc peaceable pursuits of civilized societies. They profess, and I believe, with entire sincerity, to be willing to make the questions of their lights under their treaties, questions of pure law, ror the decision of our own courts; and as I perceive by the reported debate in Congress that a measure of this sort has been anticipated, and that one of your enlightend S-nators in that body expressed a strong, and without doubt, a sincere conviction that the d'jcisioa of the Judiciary would if it

should ever be asked, be in favor of the right of the Stale to legislate over the Cherokee nation. I cannot but indulge the hope that in proposing to bring this question before the Supreme Court, I shall have advised a measure rather pleasing than otherwise to the State of Georgia. Be this as it may, I cannot reconcile it to my own sense of propriety to have any agency in this affair without informing your Excellency, frankly and respectfully, of what is intended. I desire to have it distinctly understood on every hand, that neither these people nor their counsel aim at any thing more in this movement, than an open, peaceable & respectable appeal to the opinion of our own courts, the courts of the Union. Your Excellency will not understand me as asking or expecting that you will take t tie trouble to answer this letter. My object is simple and sincere; it is simply to avoid all appearance of concealment, and all misapprehension or surprise on the part of the Stale of Georgia, by advising your Excellency fairly and openly, of the measure in Contemplation, and by assuring you that there is no other purpose iu view than a quiet, peaceable and respectful reference of the questions of law and right

of dispute between the State of Georgia and the Cherokee people, to the Highest Court of our nation, the Supreme Court of the United States. Your Excellency will permit me to assure you, farther, that in the future measures which may grow out of thicontroversy, so far as they shall be under my direction, care will be taken to give as little trouble as possible to the constituted authorities of the State of Georgia, and that the discussion will he conducted with ail the respect for that state and its laws which may consist with the proper assertion of what 1 consider the rights of this unfortunate people. The decision may be expedited by making a case, by consent, if that course should suit ihe views of the State of Georgia. It is not atfred, however, but suggested merely for your considertion. with an assurance that it it should meet your approbation the Cherokees will cheerfully concur in the same measure. The motives which have led me to trouble you with this communication, make it equally proper, 1 think, that I should submit a copy of it to the President cf the United States; and I shall place another copy in the hands of the Cherokee delegation, in order that they may distinctly see and remember the conduct which is eypected from me. 1 have the honor to remain, Sir, most respectfully, your obedient servant, WILLIAM WIRT. His Excellency, George R. Gilmer, Governor of Georgia. GOV. GILMER TO MR. WIRT. Executive Department, Geo. Milkdgeiille, 7 th of June, 1 830 kir: Your communication addressees to the Governor of Georgia has been received, informing him of your employment, by the Cherokee Indians to defend them against the operation cf the laws of that Stale, and proposing a reference cf what you have thought proper to call the dispute between the Cherokee nation and the State of Georgia, to the Supreme Court ot the United States. The Governor of Georgia knows of no reason why he should be notified that professional duty required of you to take fees of all who ask your advice. Georgia claims no jurisdiction over the Lawyers of Maryland. Your justification will have become appropriate when that State interferes with your professional business. Why it should be the misfortune of a citizen of Maryland (as you say it is yours) to differ with the constituted authorities of Georgia is not very clearly understood. You are neither responsible for the legislation of the State, nor subject to its control. There is no doubt but that many of the Lawyers distinguished like yourself (as you say) profess to believe that the State has usurped authority and violated the faith of treaties in passing laws for the protection of the rights, and punnishing the crime of the Indian people who reside within its limits. It is known that the extent of the jurisdiction of Georgia, and the policy of removing the Cherokees and othor ludians to the west of the Mississippi have been party questions. It is not therefore surprising that tho?e who engaged in the struggle for power, should find usurpation, and faithlessness in the measures of the Government according-

ly as the loss of office, or the hope of its acquisition may enlighten their understandings. What you say of the fallibility of the constituted authorities of Georgia, is a truism of universal application, and can have no meaning but by your intention to render the application particular. You say that the Supreme Court of the United States is a high, impartial, and enlightened tribunal. Why such commendation? The promise you make to use your professional influence to prevent your clients, the Indians, from committing violence upon the people ot Georgia, is very kind, coming as it does liom a private citizen of another Slate, and will without doubt create an obligation upon the people whose 6afety is intended, commensurate with the favor to be received . There are no fears felt in Georgia of Indian violence, although it is highly probable that your tff "s will be productive of some mischief. It is believed that the Chenkees in Georgia had determined to unite with that portion of their ti ib who had removed to the west of the Mississippi, if the policy of the President were sustained by Congress. To prevent this result as soon as it became highly probable that the Indian bill would pass, the Cherokees were persuaded that the right cf self government could be secured to them by the power of the Supreme Court in defiance of the legislation cf the General and State Governments. It was not known, however, until the receipt of your letter that the spirit cf resistance to the laws of the State and views cf the United States, which have cf late been evident among the Indians, had in any manner been occasioned by your advice. Although insurrection among the Indian people of Georgia may be the consequence of your proceedings and those who act in unison with you, the constituted authorities cf the State disclaim all right to interfere with you in any manner so long as you keep yourself beyond the jurisdiction of the State. You have thought proper to give the Governor ot Georgia an account of the c ivilization of the Cherokees, describing those whom y ou have known to be polished gentlemen, and those whom you do not know, to have ceased to be savages. What you say of the intelligence of the members of the Cherokee tribe, who were in Washington City last winter, is partly true, and equally descriptive of many others. They are not Indians however, but the children ot wnite men, whose corrupt habits or vile passions led them into connection with the Cherokee tribe. It is not surprising that the white men and the children of white men have availed themselves of the easy means of acquiring wealth which the Cherokee territory has presented for thirty or forty years; nor that intelligence and spirited activity should increase with their increased wealth; nor that when wealth, tntelli gence and industry were confined to the whites and the children of white men, that the power over the tiibe should hecome centred in the same hands. But that these causes were calculated to produce similar effects upon the Indians, the real aborigines, is disproved by every example among the thousands which the experience of the two last centuries has furnished in every parted this continent. The Cherokees have lost all that was valuable in their Indian character, have become spiritless, dependent and depraved, as the whites and their children have become wealthy, intelligent and powerful. So long as the Cherokees retained their primitive habits no disposition was shown by the States under the protection of whose Government they resided, to make them subject to their laws. Such policy would have been cruel, because it would have interfered with their habit3 of life, the enjoyments peculiar to Indian people, and the kind of Government which accorded with those habits and enjoyments, it wa3 the power of the whites and their children among the Cherokees that destroyed the ancient laws, customs, and authority, of the tribe, and subjected tbe native to the rule of that most oppressive ot Governments, an Oligarchy. There is nothing surprising in this result. From the character of the people and tbe causes operating upon them it could not have been otherwise. It was this state of things that rendered it obligatory upon the State of Georgia, to vindicate her rights ofsovereignty, by abolishing all Cherokee Government within its limits. Whether intelligent or ignorant the State of Georgia b38 passed

no laws violative of the liberty, person" al security, or private property of any Indian. It has been the object of humanity and wisdom, to separate the two classes among them, giving tbe rights of citizenship to those who are capable of performing its duties and properly setimating its privileges, and increasing the enjoy ment, and the probability of future improvement to the ignorant and idle, by removing them to a situation where the inducements to action will be more in accordance with the character of the Cherokee people. Your suggestion that it would be con venient and satisfactory, if yourself, tho Indians, and the G jvernor, woujd make up a law case to be submitted to the Supreim Court for the determination of the question whether the Legislature of Georgia, has competent authority to pass laws for tbe Government of the Indians residing within its limits however courteous tbe manner, and conciliatory the phraseology cannot but be considered exceedingly disrespectful to the Government of the State. No one knows better than yourself that the Governor would grossly violate his duty and exceed his authority by complying with such a suggestion and that both the letter and spirit of the powers confered by the Constitution upon the Supreme Court forbid its adjudging such a case. Your suggestion is but an evidence of the state of that contest in which the advocates of power, are exerting themselves to increase the authority of the Departments of the General Government, whilst the friends of liberty and the rights of the people aro in opposition endeavoring to sustain the sovereignty of the States. It i hoped that the efforts of the General Government to execute its contract with Georgia, to secure the continuance and advance the happiness of the Indian tribes and to give quiet to the country, may be so effectually successful as to pervent the necessity of any further intercourse upon this subject. Yours, &c. GEORGE R. GILMER. William Wirt, Eq. From the New ork Evtnii g Post, Sept. 24 S!?am Explosion. -The boiler used in . the iron foundry of Mr. M'Queen in Cross street, between Duane and Reed streets exploded yesterday aboui live o'clock in the afternoon, and left the entire front of the huildirg in ruin?f killing at the same time the engineer who was in the cellar and a young man who waa passing in the 6tieet. The explosion was tremendous, hurling the bricks, beams and machinery of the foundary in every direction and shattering the windows ol the neighboiing buildings. The report has been compared to the noise of twenty cannon discharged together. The shock waa sensibly fell in Chatham street, and it is even said that the ceiling in some of the buildings opposite to the Park was injured by the concussion. A large fragment cf the upper part of the boiler, weighing, it is estimated, from five to seven hundred pounds, was thrown across the street and entered the upper story cf a small wooden house, carrying with it nearly the whole of the front wall cf the building to the farther end of the room, a distance of about seventy feet from the original place of the boiler. A woman of the name of Margaret Jacobs was in the room, at the time; it passed within two feet of her but fortunately she escaped without injury. Other large piecei of the boiler was thrown to the distance of twenty and thirty feet. An old lady in another house, the door of which was open, was found by her daughter lying in a senseless slate, on the floor, close to the wall where she had been thrown by the gust of air from the explosion. Tbe effect was like the blowing up of a powder magazine. The part of the building in which tbe engine was placed was separated by a strong brick wall from the rest of the foundry; it was a two story brick edifice, and about 40 feet by 50 on the ground floor. The roof, covered with tiles, was lifted several feet, the strong frame work was rent from the mortices and raised into the air, and the whole fell with a tremendous crash into the street and the arena of the building, leaving not a brick or a stick of timber in its original place. The engineer, John M'Coyle, waa disengaged from the mins of the builoS ing quite dead, hia body shockingly bruised, and the bones broken in various places. His remains were iromedi ately enclosed in a cr fttn. He has, we undersund; left a wife end child . The