o ■ kT •- it I ■ l the money would be rack as the ehiefa desire, a jtisf regard brum had to individual rights. Jbbn l.'oss, learning that li\. millions, and not twenty millions of dollars, had been fixed and awarded, as the consideration ol bargain and sale, suggested manj excuses, and pretended thai the expenses and costs ol pi moval, subsistence, and so forth, were to be added, over and above the Jive millions ; and that he must return directly to the Cherokee nation, to arrange and adjust all the details and speci- fications, and take the sense of the Indians, before he proceeded to consummate the treaty. He left this city, and went home ; not to recommend, but to oppose, the treaty, on the basis and value pronounced by the Senate ; and he has opposed it from that time to this day, and used and exerted all his power and influence to defeat it. He procured a great meeting in council among the Indians, at Red Clay, and prevailed upon them (both the Ridge party and the Ross party) to co-operate and unite in rejecting the treaty he had solemnly promised to recommend for their adoption. He then had eighteen commissioners nominated and appointed, (nine from each party,) invested u with full power from the Cherokee people, in general council assembled, to make such treaty as may appear to them best calculated to insure the present peace and future prosperity of that country.' 1 ' Here was absolute power conferred and vested in both parties to sell the Cherokee lands and execute a treaty. The President sent commissioners into the Cherokee country to conclude and consummate the treaty, according to the Senate's award. The rival chiefs soon terminated their amicable relations and harmo- nious action, and were again torn asunder, and stood in hostile opposition to each other. You will hold in remembrance, when Ross was in Washington, he pretended he could not negotiate the terms and details of the treaty there, because he wanted all specifications settled and arranged in the nation, for the satisfac- tion of the Indians; and when the commissioners went into the Indian nation, and announced the object of their mission, then he endeavored to evade and give the go-by to the whole subject, by informing the commissioners he could not negotiate and make a treaty there, in the Indian nation ; but he would go back to Washington and consummate the whole business. Thus, you perceive, Indian diplomacy bears the likeness and similitude of Reynard, who, when closely pursued, in his doublings and wind- ings, strives hard to take the back track, and return to the pl.u • where the chase began. The Ridge party, who were sincerely desirous to sell and remove, saw and knew this double dealing and talking with a forked tongue must ultimately sacrifice the 10 great body of the Cherokee people, and they refused to accom- pany Ross and his party to Washington ; and they resolved to make a treaty on the best terms they could with the United States commissioners, then in the nation for that purpose. In this unhappy internal division and distraction of councils and chiefs, John Ross and his delegation came off to Washington, while Ridge and his party (who were rendered by the nation coequal with the Ross party in all powers to sell) remained in their country, and concluded the treaty of New Echota, (or, in English, the City of Refuge,) on the 29th day of December, 1835, on the basis of five millions of dollars, as awarded by the Senate, and six hundred thousand dollars more, to be given and paid for removal and subsistence west of the Mississippi river. The six hundred thousand dollar provision was conditional, and dependent on the subsequent approbation of the Senate. This treaty was signed generally by the Ridge party, and by William Rodgers, one of the Ross delegates, who agreed to abide the award of the Senate ; and he faithfully redeemed that pledge. The treaty of New Echota was sent by the President to the Senate, who knew the whole history of this matter, from begin- ning to end, and they approved and ratified it. Now, Mr. Chairman, I have shown you that Ridge and his party were equally authorized by the tribe with Ross to make a treaty ; and they did actually execute one, for six hundred thou- sand dollars more than the Senate (as referees) said the country was worth ; and still Ross refused to sign it. Here you perceive this treaty was indeed signed by one party, (the Ridge party ;) and it was solemnly agreed, in writing, to bo signed by the other party, (the Ross party.) When the Senate of the United States advised and consented to the ratification ol this treaty, they acted upon the well-known ami Long-established principles <>l a court of equity, so far as John Ross ami htfl party were concerned. " Those ulm ask equity must first do equity." " The court will consider that done which ought to have been done." That Ross and his delegates, having expiessh given their assent by previous submission and award, were bound in conscience to abide by and execute the tnaty A chancellor, upon those fact9, adduced and attested in | court of equity, 11 would have directed and decreed a specific performance of the original agreement, and compelled Ross to execute the contract according to the Senate's award. The advocates and apologists of John Ross charge fraud in the execution of this treaty. Speculation, declamation, and denunciation, have each exhausted their vocabulary of hard words and harsh names, to stamp and brand this whole transac- tion with iniquity and infamy ; but hard words are not strong arguments. Now, gentlemen, where is the bad faith ? Where is the foul fraud ? There is none on the part of the United States. Can John Ross, the complainant, who seems to excite and enlist the tender sympathies of so many honorable members of Congress, say as much, and say it truly ? No, sir ; no. His word is not equal to his bond : his written promise is not equiv- alent to a treaty ; and yet he imputes fraud to others : to the President and Senate of the United States. For doing what ? For acceding to his own proposition. He is estopped by his own act to make this allegation. He is condemned out of his own mouth, and that condemnation is written and recorded by his own hand and pen. He is like an eagle, shot by an arrow feathered from his own wing. This wily chieftain must not be permitted to play the game of fast and loose at his pleasure. Heads, he wins ; tails, we lose. Twenty millions, he's fast ; five millions, and he aint there. Mr. Chairman, this treaty is fair and valid, and was made ac- cording to the long-established usage of treating with Indian chiefs. The amount of money (five millions six hundred thou- sand dollars) paid for the lands, possessions, and removal, is a very high and heaping price ; and I do believe it is more than the country is actually worth. It was liberally bestowed and awarded by the Senate, supposing at the time it would make abundant satisfaction for the land and all injuries committed. This treaty not only rests upon a large and very liberal pecuniary consideration, but is founded on a most humane and benevo- lent policy and philanthropy. The history and experience of every State in this Union abundantly prove that the white man and the red man cannot dwell together in peace, tranquillity, and equality. The Cherokee Indians are now surrounded by a dense 1: white population. Then hunting ground is abandoned. Their game is gone. They cannot convert the tomahawk into the ploughshare, nor the scalping-knife into the pruning-hook. Their home is in the wilderness ; their delight is in the chase. Civilization and refinement paralyzes and destroys all their faculties and energies. Some wild animals never can be ren- dered tame. You cannot change the order of nature. You might as well expect the red man to change the color of his skin as his habits and pursuits. The Indian on the white frontier is a degraded, desponding, and forlorn creature. He learns the vices, not the virtues, of civilized society. He is cheated by speculators, swindlers, and Sbylocks. He is often ielt only with his blanket, his bow, and his arrow. The buffalo, the bear, the deer, and other noble game, which conatitute the chief food of nature's noblemen in their aboriginal condition, have all fled from the sound of the woodman's axe, toward the Rocky Mountains. Why, then, not advise and assist the children of the wilderness to remove to a new wild country, suited to (heir wants and conditions of life ? And there let them remain, in the full enjoyment and contentment of their own hunting grounds and game, unmolested by the curiosity of Yankees, and undisturbed by the cupidity of speculators. 1£es, sir, 1 would build up on the Western frontier a Chinese wall, by Congres- sional enactments, between the white and the red man, that (he Indians might forever live there in security and peace. The policy of the United States in ;< moi ing and locating .ill the Indians west of the Mississippi river is a wi.se, and humane, tnd life-preserving policy. It had its origin with the lofty -mi n and enlightened philanthropists of by-gone days, and w.i intended lo save and rescue the, Indian tribes from exter- mination and annihilation. In the thick forests and flowerj prairies ol the Western wilds th< ii hearts will leapfoi joy in the < until > exercises of the hunter's life. There they will roan ovei nature's gardens and pme streams, contented and bappy in the pursuit of theii own chosen pleasures, unannoyed by the frauds i the human rat e Sir i trulj and anxiously desire thai the officers and agents, whom the Government have selected and intrusted to perform this delicate and difficult task <>i removing tl>< ( b< rokee Indian.-, do Mi. ii *"S v v ., V >-* \> ^ ' • f> ^ *- o^ t ^ ■^ C -P 4 V ^ '^** J J- • I ■ \ v .0 . • • °- ^ V v *L^L% ^ x* -Nffi C> -o.»* A <\ ''TIT* ,C~ ^> -o.»* A ^5> * * • <_r> ^ fC\\ B"? //>i o *S» v> . £=«Jfc=? \T ' LIBRARY BINDING J ^. STJJUGU8T.NE . * ^ FLA. 32084 \- •^s s C iT- ^ V "-WARY op CONGRESS