JAMES MONROE.

WASHINGTON, _March 30, 1824_.

_To the Senate and House of Representatives of the United States_:

I transmit to Congress certain papers enumerated in a report from the

Secretary of War, relating to the compact between the United States and

the State of Georgia entered into in 1802, whereby the latter ceded to

the former a portion of the territory then within its limits on the

conditions therein specified. By the fourth article of that compact

it was stipulated that the United States should at their own expense

extinguish for the use of Georgia the Indian title to all the lands

within the State as soon as it might be done _peaceably_ and on

_reasonable_ conditions. These papers show the measures adopted by the

Executive of the United States in fulfillment of the several conditions

of the compact from its date to the present time, and particularly the

negotiations and treaties with the Indian tribes for the extinguishment

of their title, with an estimate of the number of acres purchased and

sums paid for lands they acquired. They show also the state in which

this interesting concern now rests with the Cherokees, one of the tribes

within the State, and the inability of the Executive to make any further

movement with this tribe without the special sanction of Congress.

I have full confidence that my predecessors exerted their best endeavors

to execute this compact in all its parts, of which, indeed, the sums

paid and the lands acquired during their respective terms in fulfillment

of its several stipulations are a full proof. I have also been animated

since I came into this office with the same zeal, from an anxious

desire to meet the wishes of the State, and in the hope that by the

establishment of these tribes beyond the Mississippi their improvement

in civilization, their security and happiness would be promoted. By the

paper bearing date on the 30th of January last, which was communicated

to the chiefs of the Cherokee Nation in this city, who came to protest

against any further appropriations of money for holding treaties with

them, the obligation imposed on the United States by the compact with

Georgia to extinguish the Indian title to the right of soil within the

State, and the incompatibility with our system of their existence as

a distinct community within any State, were pressed with the utmost

earnestness. It was proposed to them at the same time to procure and

convey to them territory beyond the Mississippi in exchange for that

which they hold within the limits of Georgia, or to pay them for it its

value in money. To this proposal their answer, which bears date 11th of

February following, gives an unqualified refusal. By this it is manifest

that at the present time and in their present temper they can be removed

only by force, to which, should it be deemed proper, the power of the

Executive is incompetent.

I have no hesitation, however, to declare it as my opinion that the

Indian title was not affected in the slightest circumstance by the

compact with Georgia, and that there is no obligation on the United

States to remove the Indians by force. The express stipulation of the

compact that their title should be extinguished at the expense of the

United States when it may be done _peaceably_ and on _reasonable_

conditions is a full proof that it was the clear and distinct

understanding of both parties to it that the Indians had a right to

the territory, in the disposal of which they were to be regarded as

free agents. An attempt to remove them by force would, in my opinion,

be unjust. In the future measures to be adopted in regard to the Indians

within our limits, and, in consequence, within the limits of any State,

the United States have duties to perform and a character to sustain

to which they ought not to be indifferent. At an early period their

improvement in the arts of civilized life was made an object with the

Government, and that has since been persevered in. This policy was

dictated by motives of humanity to the aborigines of the country, and

under a firm conviction that the right to adopt and pursue it was

equally applicable to all the tribes within our limits.

My impression is equally strong that it would promote essentially the

security and happiness of the tribes within our limits if they could be

prevailed on to retire west and north of our States and Territories on

lands to be procured for them by the United States, in exchange for

those on which they now reside. Surrounded as they are, and pressed

as they will be, on every side by the white population, it will be

difficult if not impossible for them, with their kind of government, to

sustain order among them. Their interior will be exposed to frequent

disturbances, to remedy which the interposition of the United States

will be indispensable, and thus their government will gradually lose its

authority until it is annihilated. In this process the moral character

of the tribes will also be lost, since the change will be too rapid to

admit their improvement in civilization to enable them to institute and

sustain a government founded on our principles, if such a change were

compatible either with the compact with Georgia or with our general

system, or to become members of a State, should any State be willing

to adopt them in such numbers, regarding the good order, peace, and

tranquillity of such State. But all these evils may be avoided if these

tribes will consent to remove beyond the limits of our present States

and Territories. Lands equally good, and perhaps more fertile, may be

procured for them in those quarters. The relations between the United

States and such Indians would still be the same.

Considerations of humanity and benevolence, which have now great weight,

would operate in that event with an augmented force, since we should

feel sensibly the obligation imposed on us by the accommodation which

they thereby afforded us. Placed at ease, as the United States would

then be, the improvement of those tribes in civilization and in all

the arts and usages of civilized life would become the part of a general

system which might be adopted on great consideration, and in which every

portion of our Union would then take an equal interest. These views have

steadily been pursued by the Executive, and the moneys which have

been placed at its disposal have been so applied in the manner best

calculated, according to its judgment, to produce this desirable result,

as will appear by the documents which accompany the report of the

Secretary of War.

I submit this subject to the consideration of Congress under a high

sense of its importance and of the propriety of an early decision on it.

This compact gives a claim to the State which ought to be executed in

all its conditions with perfect good faith. In doing this, however, it

is the duty of the United States to regard its strict import, and to

make no sacrifice of their interest not called for by the compact nor

contemplated by either of the parties when it was entered into, nor

to commit any breach of right or of humanity in regard to the Indians

repugnant to the judgment and revolting to the feelings of the whole

American people. I submit the subject to your consideration, in full

confidence that you will duly weigh the obligations of the compact with

Georgia, its import in all its parts, and the extent to which the United

States are bound to go under it. I submit it with equal confidence that

you will also weigh the nature of the Indian title to the territory

within the limits of any State, with the stipulations in the several

treaties with this tribe respecting territory held by it within the

State of Georgia, and decide whether any measure on the part of Congress

is called for at the present time, and what such measure shall be if any

is deemed expedient.

A Compilation of the Messages and Papers of the Presidents. Volume 2, part 1: James Monroe · 第 353 / 442 题