The report of the secretary of war, upon the present condition of the Indians, states of the Chickesaws and Choctaws, all that has been above said of the Cherokees. But of the last-mentioned people, the secretary’s accounts appear to be studiously defective. Yet the fact is notorious, that both the Chickesaws and Choctaws are far behind the Cherokees in civilization.
With these facts before our eyes, what are we to think of the grief of the president, at the decay and increasing weakness of the Cherokees? Can it be regarded in any way but as a piece of shameless hypocrisy, too glaring in its character to escape the notice even of the most inobservant individual. It has been said that the question involves many difficulties—to me there appears none. The United States, in the year 1791, guarantee to the Indians the possession of all their lands not then ceded—and confirm this by numerous subsequent treaties. In 1802, they promise to Georgia, the possession of the Cherokee lands “whenever such purchase could be made on reasonable terms” This is the simple state of the case; and if the executive were inclined to act uprightly, the line of conduct to be pursued could be determined on without much difficulty. Georgia has no right to press upon the executive the fulfilment of engagements which were made conditionally, and consequently with an implied reservation; and the United States should not violate many positive treaties, in order to fulfil a conditional one.[18]