Cherokee Phoenix

From the New Observer

Published February, 8, 1834

Page 2 Column 3a

From the New Observer


Mr. Lewis of Alabama, offered the following resolution:

Resolved, That the Committee on Indian Affairs be instructed to inquire whether the provision of the treaty of March, 1832, with the Creek tribe of Indians in the State of Alabama, be inconsistent with the sovereign right of jurisdiction of said State within its limits; and whether the execution of said treaty has so far conflicted or is likely to conflict with the operation of the laws of said State over the country ceded by such treaty; and if so, to inquire whether some act of legislation, consistent with the right of said Indians, may not be necessary to prevent such conflict, and that said committee have leave to report by bill or otherwise.

Having presented the resolution, Mr. Lewis after stating the nature of the dispute between the State and the Government, said that when he left home all was quiet, and universal congratulations were exchanged on the prospect that the orders of the President to proceed to a forcible removal of the settlers on Indian lands, would be deferred; but, since his arrival, he had received letters, stating that a large military force had been concentrated at Fort Mitchell, and orders were out for them to act on the 15th of January inst.- Under these circumstances, he had written to the Secretary of War, inquiring into the truth, and had been told, in answer that the time would not be extended, and the order had not been revoked. Under these circumstances, he could no longer abstain from invoking the interposition of Congress, to devise some measure which would prevent the necessity of resort to force, and obviate the otherwise impending collision of the two Governments.

In the course of his remarks, Mr. L. was very severe on the Executive, whom he charged with inconsistency in his conduct towards Georgia and Alabama, in cases precisely similar to each other; and of remissness in his duties, in not having apprised Congress in his message of the difficulty.

Mr. Stewart, not conceiving that there was any present necessity of going into the discussion of the subject, moved to lay the resolution on the table, but withdrew his motion at the request of

Mr. Lewis, who urged the necessity of speedy action by the House.

Mr Jones of Georgia, then took the floor, in support of the resolution, and was followed by Mr. M'Kinley, who expressed his surprise that Congress should on the 6th of January be called to provide for an emergency which was to happen on the 15th. Mr. M'Kinley moved to lay the resolution the table until tomorrow.

Mr. Mardis demanded the yeas and nays on postponement: They were ordered by the House, and being taken stood as follows: yeas 110 and nays 107. So the resolution was postponed until to-morrow,

The U. S. military force ordered to Fort Mitchell, for the removal of the Creek settlers, consists of fourteen companies. The Washington correspondent of the Journal of Commerce says: 'The number of settlers is 30,000, and they are in the full exercise of all the rights and privileges of citizens of Alabama, and are quite as respectable as any portion of the citizens of that State. The laws of that State have been extended over these lands and their inhabitants, for some time and the interference of the Government with them regarded as a departure from the practice of the Government as settled in the case of the Cherokees within the jurisdiction of Georgia. At all events, right or wrong, the settlers will resist, and will be supported by the whole power of the State; at least so says Mr. Dixon. H. Lewis,who made a flaming speech on the subject today; so says Mr. Seaborn Jones, a hot Nullifier from Georgia and so say all the Nullifiers. Mr.Jones stated that the jurisdiction of the Courts of Alabama would soon be brought into collusion with that of the U. S. Courts The persons concerned in the murder of Owen, had been indicted, and would be condemned by the State Courts; and they would be executed as Tassels was in Georgia, without regard to the mandates of the Federal Courts.'