Cherokee Phoenix

'THE PROCLAMATION, by the President is a document of too much interest and importance to be omitted

Published January, 19, 1833

Page 3 Column 1b

'THE PROCLAMATION, by the President is a document of too much interest and importance to be omitted or abridged. We have therefore inserted it entire, to the exclusion of other matter. It is certainly notwithstanding some considerable violations of good taste, a powerfully written document. The main arguments against nullification is (sic) perfectly conclusive.- It is in fact, just an abridgement of Mr. Webster's argument in his celebrated contest with Mr. Hayne. It is however none the worse for that; and it is to the President's credit, that he would use the best argument, though a political opponent had used it previously. The sentiments of the proclamation, generally, so far as we can learn, meet with a high degree of approbation. We like them, because they are precisely what we have maintained from the beginning on the 'Indian question.' We have maintained that Georgia had no 'power to annul a law of the United States,' regulating intercourse with the Indians; that 'the laws of the United States must be executed;' that the President has 'no discretionary power on the subject;' that his 'duty is emphatically pronounced in the Constitution.' We have maintained that the Constitution of the United States, with the TREATIES and laws made under it, are 'the supreme law of the land'-of every part of the land, even in Georgia- and that the Judges in every State should be bound thereby, anything in the Constitution and laws of Georgia' to the contrary notwithstanding.' But we need not multiply quotations. The doctrine of the proclamation is evidently that which the friends of the Cherokees have urged from the beginning. South Carolina 'extends her jurisdiction' over the custom house at Charleston, and makes laws for the government of all persons and things found there. Georgia must say, she has a right to do it; for the custom house is within 'her chartered limits.' These laws are a part of her'criminal code.' They impose a fine, at least, on all persons who shall reside there, demeaning themselves as the laws of the United States allow and require; and Georgia says that the general government must not interfere with proceedings under the 'criminal code' of a state. The President, however, sets all this sophistry aside at once, and 'proclaims' that he will 'take care that the laws be faithfully executed.' We suppose therefore, that when regularly called upon he will enforce the decision of the Supreme Court in the case of Worcester ' Butler, 'to the extent of the power vested in him by law;' and that he will in the same way enforce whatever decisions that Court may hereafter pronounce, on actions which the Cherokees may bring for removing Georgia surveyors, 'c. from their limits. Indeed, we do not see how one can feel any respect, either for his honesty or his understanding, and yet suspect that such are not his intentions. We shall be surprised, if the Georgians do not understand the proclamation as we do, and if it does not unite them at once in feeling at least, with South Carolina