sense, to exercise sovereignty over the soil. They might transfer these right to the sovereign of the discoverer, but to none others; until transfer, they were deemed sovereigns de facto. In a word, the Indian nations were always considered as distinct, independent, political communities, retaining their original natural rights, as the indisputed possessors of the soil, from time immemorial; with the single restriction, imposed by irresistible power, which excluded them from intercourse with any European potentate, other than the first discoverer of the coast of the particular region claimed; and this restriction the European potentates imposed on themselves, as well as upon the Indians. With the rights of the discoverer, the United States adopted their obligations.

228. In this view of the subject, the State of Georgia, originally, concurred with her sister States and the Government of the United States; acquiescing in the universal conviction, that the Indian nations possessed a full right to the lands they occupied until that right should be extinguished by the United States, with their consent; that their territory was separated from that of any State within whose chartered limits they might reside, by a boundary line established by treaties; that, within their boundary, they possessed rights with which no. State could interfere; and that, the whole power of regulating intercourse with them was vested in the United States.

229. By treaties, often confirmed, the United States have recognized, the qualified independence of the Cherokee nation; have solemnly guaranteed to it all the lands which it has not ceded; have assumed the duty of, and pledged their faith for, its protection; pursuant thereto, have restrained their citizens from encroachments on the Cherokee country; and for promoting the civilization of this, in common with other tribes, have authorized the President, with consent of the Indians, to employ agents to instruct them in agriculture, in reading, writing and arithmetic, and to perform such other duties, as may be enjoined, by him, to such end. The power for these measures flows from the Constitution of the United States, conferring the powers of war and peace, of making treaties, and of regulating commerce with foreign nations and among the several States, and with the Indian tribes.

230. By articles of agreement and cession, 24 April 1802, the State of Georgia ceded to the United States certain lands, then within her boundary, upon the stipulation, among others, that, the United States should, at their own expense, extinguish

for the use of Georgia, the Indian title to all lands within the State, as early as the same can be peaceably obtained, on reasonable terms. This stipulation has been in part, but only in part, fulfilled. The Cherokee title has not been extinguished, the nation refusing to sell on any terms; and, consequently, the United States, without delinquency, have been unable to effectuate this object of the cession.

231. The great progress in civilization of the Cherokees and their establishment of political government, were demonstrations of a permanency of position, which alarmed the State of Georgia. The increase of the whites required additional territory, which became more desirable by the discovery that the Indian country abounded in gold. These circumstances, and we must, in justice, add, a natural wish to free its borders from a semi-barbarous race, induced the State to seize and divide the Indian land, among her citizens, and to expel, or reduce beneath her laws, the Indian inhabitants. Against these injuries, the Indians, instead of taking arms, as was once their wont, have, in reliance on their treaties and the uninterrupted policy of the Government, prayed the protection of the United States. The administration of Mr. Adams responded to the call with the promptness and firmness which good faith required. He concurred in opinion with Mr. Jefferson and others, his predecessors, that, "the Government should firmly maintain the ground, that, until the Indians should cede their lands by treaty, no act of a State could give right thereto, and that the Government should exert all its energy for the patronage and protection of the rights of the Indians; and that if settlements were made on land unceded by them, without the previous, consent of the United States, the Government would be bound, not only to declare them unauthorized, but to remove them by the public force.*

232. With the advent of General Jackson to power, the prospect of the Cherokees was wholly changed. The protection of the Government was deliberately refused, and its sacred faith violated. The dejected complainants were peremptorily told, that they must emigrate beyond the Mississippi or submit to the laws of Georgia. Either alternative is viewed by them, as the seal of their destruction; and the latter, is admitted by the advocates of Georgia to be conclusive of the Indian fate.

* See Letter of Mr. Jefferson to Gen. Knox, August 10, 1791.

233. The first duty of the President is to execute the laws, of which treaties form a part. But General Jackson has united with the interested Georgians to declare the conventions with the Indians, formally ratified by the Senate, and the laws regulating intercourse with the tribes, to be unconstitutional, and has refused to obey and execute them; herein usurping the province of the Judiciary department of the Government. The Supreme Court upon the most deliberate survey of the question has decided, that "the Cherokee nation is a distinct community occupying its own country, with boundaries accurately described, in which the laws of Georgia have no force, and which the citizens of Georgia have no right to enter, but with the assent of the Cherokees themselves, or in conformity with the treaties and with the Acts of Congress."

234. It is freely granted, that the case is delicate and difficult. That it calls for prudence and forbearance. But it does not, necessarily, involve a conflict of arms, between Georgia and the Union. Had the influence of the Government of the United States been opposed to the encroachments of Georgia; had it been given to support the faith of the nation, it is presumable, that, the difficulties, in due time, might have been peaceably overcome, and the purity of the national character sustained untainted. But, there is too much reason to believe, that the wish to propitiate the State, to secure its vote, has determined the course of the Executive.

235. With a view, however, to remove the inconvenience under which the States of Georgia, Alabama, and Mississippi certainly laboured, the President proposed, "to set apart an ample district, west of the Mississippi, and without the limits of any State or territory, to be guaranteed to the Indian tribes, so long as they shall occupy it; each tribe having a distinct control over the portion designated for its use." This measure is of very doubtful policy. The Cherokees deprecate it, as one of utter ruin. The congregated Indian races may soon destroy the game; and with it, many of them must perish. The tribes, which range over a much larger territory than will be given to the exiles, suffer, annually, from famine, and the emigrants, as hunters, cannot escape it. As agriculturists, they have much to learn, for which their new state would be illy adapted; and it is greatly to be feared, that, in this respect, retrogradation will attend their removal, even should they be unable to escape the horrors of war, almost inevitable, among the commingled tribes. It is a question,

however, which can be determined by experiment only; and Congress have consented to make it, appropriating a half mil lion of dollars, for the allotment of a district beyond the Arkansas, and the removal of such tribes as will consent to emigrate.

237. But the Cherokees will not depart. They have been assailed, by order of the administration, with bribes and threats, but they are immoveable. They cast themselves upon the graves of their fathers, and implore the Government, by the remembrance of their former power and hospitality, not to tear them from these relics of departed greatness; they point to their farms, their dwellings, their churches, and their schools, and cry, "these are the fruits of the white man's benevolence, let him not destroy the good work of his hands." We fear, however, they pray in vain. The administration has sped the bolt, which, unless averted, must prostrate the nation. But if the Indians were disposed, for the sake of present peace, to abandon their country, they cannot rely upon the promise of the United States for protection. To every assurance of this kind, they reply, we now hold your most solemn pledge for the same purpose. We have called upon you to redeem it in vain. How, then, can we confide in promises which we have found utterly worthless?

238. VI. Another portion of the message, highly characteristic of the disposition of the administration to enlarge its powers, was the premature introduction of the question relative to the recharter of the United States Bank. At this period, the charter had more than six years to run, and the effect of immediate consideration was to agitate and disturb the country, upon a subject of the deepest interest. The institution, in the highest credit, was fulfilling all its duties, in the most satisfactory manner, and aiding in the most profitable way, the successful business of the whole country. This moment, the administration chose for sowing doubt and alarm; declaring, "Both the constitutionality and the expediency of the law creating this Bank, are well questioned by a large portion of our fellow citizens; and it must be admitted by all, that it has failed in the great end of establishing a uniform and sound currency."

239. The true cause of this untimely suggestion is to be found in the succeeding paragraph of the message. "Under these circumstances," the President observes, "if such an institution is deemed essential to the fiscal operations of the Government, I submit to the wisdom of the Legislature whether, a

national one, founded on Government credit, and its revenues, might not be devised, which would avoid all constitutional difficulties, and, at the same time, secure all the advantages to the Government and country, that were expected to result from the present Bank."

240. A more insidious attack upon the liberties of the United States, could not have been made, than by this proposition; a more grasping effort at power, has never been known in this country. We know, however suitable its consequences might be to the President's disposition, that he did not originate it. It was a fruit of the mind of the American Talleyrand, who looked by elevation to the presidency, to the enjoyment of its maturity. Let us examine, for a moment, the nature of this monstrous conception.

For every effective purpose, the proposed Bank must have been one of discount and deposit, and have had branches, as many, at least, as the Bank of the United States, and probably many more. For, the administration would have had a direct interest in establishing a branch wherever it could place one. A great central Bank at Washington, without branches, would have been useless, in the great object of furnishing a uniform national currency; such currency depending upon the certain and prompt convertibility, at every point of the Union, of the notes of the Bank into coin. But a promise to pay specie at a place remote from the circulation of the notes, and where they would never come, save at great expense, and for the sole purpose of payment, would neither give credit to the notes, nor operate as an effective check upon over issues. The notes would rest upon the same basis of credit, as the paper money of our Revolution, the assignats of revolutionary France, and the treasury notes of the late war; all of which were receivable in payments to the Government: But the two first became wholly worthless, and the last, though bearing interest, sunk to 20 per cent. below par. But, the notes of such a Bank would depreciate from another cause, which constitutes a conclusive objection to the institution. There would be nothing to limit excessive issues, but the discretion and prudence of the Government, or of the direction.

241. The National Bank being one of many branches, its patronage would have been almost boundless. The Bank of the United States employs five hundred agents, and a Nationtional Bank would soon find means to double that number. But, the influence resulting from the annual appointment of