GILMER COUNTY. . 271 



take much pleasure in laying it before them, believing that it 

 should hold an exalted place in the annals of Georgia. 



Executive Department, Georgia, 



Milledgeville, 19th of June, 1S30. 



Sir, — Your communication, addressed to the Governor of 

 Georgia, has been received, informing him of your employment 

 by the Cherokee Indians to defend them against the operation 

 of the laws of the State, and proposing a reference of what you 

 have thought proper to call the dispute between the Cherokee 

 nation and the State of Georgia to the Supreme Court of -the 

 United States. The Governor of Georgia knows of no reason 

 why he should be notified that professional duty required of 

 you to take fees of all who ask your advice. Georgia claims 

 no jurisdiction over the lawyers of Maryland. Your justifi- 

 cation will have become appropriate when that State inter- 

 feres with your professional business. Why it should be the 

 misfortune of a citizen of Maryland (as you say it is yours), 

 to differ with the constituted authorities of Georgia, is not 

 very clearly understood You are neither responsible for the 

 legislation of the State, nor subject to its control. There is 

 no doubt but that many other lawyers, distinguished like your- 

 self (as you say), profess to believe that the State has usurped 

 authorit}^ and violated the faith of treaties, in passing laws for 

 the protection of the rights, and punishing the crimes of the 

 Indian people who reside within its limits. It is known that 

 the extent of the jurisdiction of Georgia, and the policy of re- 

 moving the Cherokees and other Indians to the West of the 

 Mississippi, have become party questions. It is not, therefore, 

 surprising that those who engage in the struggle for power should 

 find usurpation and faithlessness in the measures of the Govern- 

 ment accordingly as the loss of office or the hope of its 

 acquisition, may enlighten their understandings. What you 

 say of the fallibility of the constituted authorities of Georgia, 

 is a truism of universal application, and can have no meaning 

 but by your intention to render the application particular. 

 You say that the Supreme Court of the United States is a 

 high, impartial, and enlightened tribunal. Why such commen- 

 dation ? The promise you make to use your professional in- 



