The steps taken to prevent intrusion upon Indian lands had their origin with the commencement of our Government, and became the subject of special legislation in 1802, with the reservations which have been mentioned in favor of the jurisdiction of the States.  With the exception of South Carolina, who has uniformly regulated the Indians within her limits without the aid of the General Government, they have been felt within all the States of the South without being understood to affect their rights or prevent the exercise of their jurisdiction, whenever they were in a situation to assume and enforce it.  Georgia, though materially concerned, has on this principle forborne to spread her legislation farther than the settlements of her own white citizens, until she has recently perceived within her limits a people claiming to be capable of self-government, sitting in legislative council, organizing courts and administering justice.  To disarm such an anomalous invasion of her sovereignty she has declared her determination to execute her own laws throughout her limits—­a step which seems to have been anticipated by the proclamation of 1783, and which is perfectly consistent with the nineteenth section of the act of 1802.  According to the language and reasoning of that section, the tribes to the South and the Southwest are not only “surrounded by settlements of the citizens of the United States,” but are now also “within the ordinary jurisdiction of the individual States.”  They became so from the moment the laws of the State were extended over them, and the same result follows the similar determination of Alabama and Mississippi.  These States have each a right to claim in behalf of their position now on this question the same respect which is conceded to the other States of the Union.

Toward this race of people I entertain the kindest feelings, and am not sensible that the views which I have taken of their true interests are less favorable to them than those which oppose their emigration to the West.  Years since I stated to them my belief that if the States chose to extend their laws over them it would not be in the power of the Federal Government to prevent it.  My opinion remains the same, and I can see no alternative for them but that of their removal to the West or a quiet submission to the State laws.  If they prefer to remove, the United States agree to defray their expenses, to supply them the means of transportation and a year’s support after they reach their new homes—­a provision too liberal and kind to deserve the stamp of injustice.  Either course promises them peace and happiness, whilst an obstinate perseverance in the effort to maintain their possessions independent of the State authority can not fail to render their condition still more helpless and miserable.  Such an effort ought, therefore, to be discountenanced by all who sincerely sympathize in the fortunes of this peculiar people, and especially by the political bodies of the Union, as calculated to disturb the harmony of the two Governments and to endanger the safety of the many blessings which they enable us to enjoy.