THE CHEROKEE NATION ADOPTS A CONSTITUTION.

At a general convention, of delegates, "duly authorized for that

purpose," held at New Echota, in the Cherokee Nation, July 26, 1827, a

constitution, was adopted for the nation, predicated upon their assumed

sovereignty and independence as one of the distinct nations of the

earth. Such an instrument could not fail of exciting to the highest

pitch the feelings and animosity of the authorities and people of

Georgia.

_Georgia's opinion of the Indian title._--Governor Forsyth

inclosed[304] a copy of the "presumptuous" document to the President,

at the same time desiring to know what the United States proposed to

do about the "erection of a separate government within the limits of a

sovereign State."

He also inclosed the report of a committee and the resolutions of the

legislature of Georgia predicated thereon as exhibiting the sentiments

of that body on the subject. This committee, in reporting to the

legislature the results of their investigations, assert that anterior

to the Revolutionary war the Cherokee lands in Georgia belonged to

Great Britain, and that the right as to both domain and empire was

complete and perfect in that nation. The possession by the Indians was

permissive. They were under the protection of Great Britain. Their

title was temporary, being mere tenants at will, and such tenancy might

have been determined at any moment either by force or by negotiation,

at the pleasure of that power. Upon the close of the Revolution,

Georgia assumed all the rights and powers in relation to the lands

and Indians in question previously belonging to Great Britain, and

had not since divested herself of any right or power in relation to

such lands, further than she had in respect of all the balance of

her territory. She was now at full liberty and had the power and the

right to possess herself, by any means she might choose, of the lands

in dispute, and to extend over them her authority and laws. Although

possessing this right, she was averse to exercising it until all other

means of redress had failed. She now made one other and last appeal

to the General Government to open negotiations with the Cherokees on

this subject. If no such negotiation should be opened, or if, being

opened, it should result unsuccessfully, it was recommended to the next

legislature of Georgia to take immediate possession of the disputed

territory and to extend her jurisdiction and laws over the same. In a

spirit of liberality, however, it was suggested that, in any treaty the

United States might make with the Cherokees, Georgia would agree to

allow reserves to be made to individual Indians not exceeding in the

aggregate one-sixth part of the entire territory in dispute. Should the

Indians still refuse to negotiate, they were solemnly warned of the

unfortunate consequences likely to follow, as the lands _belonged_ to

Georgia, and that she _must_ and _would_ have them.

A resolution of the House of Representatives of the United States,

in the month of March following, calling upon the President for

information upon the subject, brought forth[305] copies of all the

correspondence relative to the matter, and the distinct avowal that

the records of the United States failed to show any act of executive

recognition of the new form of Cherokee government, but that, on the

contrary, their status toward the United States was regarded as not in

the slightest degree changed.

The Cherokee Nation of Indians. (1887 N 05 / 1883-1884 (pages 121-378)) · 第 119 / 266 题