290 CHEROKEE NATION OF INDIANS. 
upon it as null and void. In order to make treaties binding the assent 
of both parties must be obtained, and he would assert without fear of 
contradiction that there was not one man in that House or out of it 
who had read the proceedings in the case who would say that there 
had ever been any assent given to that treaty by the Cherokee Nation. 
If this were the proper time he could go further and show that Georgia 
had done her part, too, in this oppression. He could show this by prov- 
ing the policy of that State in relation to the Indians and the institu- 
tions of the General Government. That was the only State in the 
Union that had ever actually nullified, and she now tells you that if 
the United States should undertake to naturalize any portion of the In- 
dian tribes within her limits as citizens of the United States she would 
dosoagain. He had not disparaged the surrounding people of Georgia, 
far from it—“but” (said he) “there are proofs around us in this city of 
the high advancement in civilization which characterizes the Cherokees.” 
He would tell the gentleman from Georgia (Mr. Halsey) that a states- 
man of his own State, who occupied a high and honorable post in this 
Government, would not gain greatly by a comparison, either in civiliza- 
tion or morals, with a Cherokee chief whom he could name. He would 
fearlessly institute such a comparison between John Ross and John 
Forsyth.! 
Speech of Daniel Webster.—Mr. Webster, of Massachusetts, also took 
oceasion? to remark in the Senate that ‘there is a strong and growing 
feeling in the country that great wrong has been done to the Cherokees 
by the treaty of New Echota.” 
President Van Buren proffers a compromise.—Public feeling became 
so deeply stirred on the subject that, in the interests of a compromise, 
President Van Buren, in May, 1838, formulated a proposition to allow 
the Cherokees two years further time in which to remoye, subject to 
the approval of Congress and the executives of the States interested. 
Georgia hostile to the compromise.—TYo the communication addressed 
to Governor Gilmer, of Georgia, on the subject, he responded: 
“ * * Tecan giveitnosanction whatever. The proposal could not be carried into 
effect but in violation of the rights cf this State. * * * It is necessary that I 
should know whether the President intends by the instructions to General Scott to 
require that the Indians shall be maintained in their occupancy by an armed force in 
opposition to the rights of the owners of the soil. If such be the intention, a direct 
collision between the authorities of the State and the General Government must ensue. 
My duty will require that I shall prevent any interference whatever by the troops 
with the rights of the State and its citizens. I shall not fail to perform it. 
This called forth a hurried explanation from the Secretary of War 
that the instructions to General Scott were not intended to bear the 
construction placed upon them by the executive of Georgia, but, on the 
contrary, it was the desire and the determination of the President to 

1 Speech in reply to Mr. Halsey, of Georgia, January 2, 1838. 
2May 22, 1838. 
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