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JQA Diary, volume 37 22 February 1828
JQA

1828-02-22

Emily Wieder Recreation Native Americans U.S. Constitution
443

22. V:15. Friday— Sun rose 6:33. Washington’s Birth-day— Dinner party— Ball

Little. Peter Payne— Mr Payne— Dr Knight. Nehemiah R Karthaus Clay. Henry Barbour— James Southard Samuel L Wirt— William

Morning walk round the Capitol Square. Coll. Little introduced two of his friends, father and Son— One or both of them of his Constituents. Mr Knight, a Senator from Rhode-Island, made enquiries in behalf of Mr Dimond, concerning the appointment of a Commercial Agent at Port au Prince— The same person for whom Dr Parker from Rhode-Island had applied: and I gave Mr Knight the same answer and information, which on the 19th. I had given to him. Mr Karthaus was a visitor from Baltimore, who finding me busy, stopped for a short time— Cabinet Meeting at one— All present excepting Mr Rush, who sent by Mr Southard an apology; being confined to his house by indisposition— The question was again upon the Letter from the Governor of Georgia, denouncing the Constitution lately adopted by the Cherokee Indians, as a violation of the Article of the Constitution of the United States, which interdicts the formation of new States within the old ones— It was the opinion of every one present that this Article of the Constitution, applied only to those who were parties to the compact. That it did not bear upon the Indians at all— But Mr Clay, urged that it was not necessary to take this ground either in answering the Governor of Georgia, or in the Message to Congress— Even if it would be proper for this Government to prevent by force the establishment of the Cherokee Constitution, it would require the express authority of Congress to enable the Executive to Act— After further discussion, I came to the conclusion to proceed as follows—I requested the Secretary of War, Governor Barbour to instruct the Agent of the United States with the Cherokee Indians, to give them notice, that we had been informed of the Constitution, which they had made for their own Government. That they must understand that this cannot in any manner alter the state of their Relations with the United States; and that if their intention was that it should, we protested against the whole proceeding— This will be a sufficient foundation for answering the Governor of Georgia, and also for a communication to Congress of his Letters, and of the Resolution of the Legislature of the State— Mr Wilde, one of the members of the House of Representatives from Georgia, has offered a Resolution to the House calling for information from the President; . . . . any thing, and if any thing what has been done to preserve from violation the same Article of the Constitution of the United States, to which Governor Forsyth appeals— The resolution was this day considered and debate upon it having arisen it was laid upon the table— About four this afternoon, the Officers of one of the Militia companies which turned out and paraded this day, sent to enquire if I would receive their Salute—to which I assented; and accordingly stood at the steps in front of the house, while they fired the round, and marched through the yard— Five persons then entire Strangers to me, followed me into the House—two of them said they came from Virginia, and had a curiosity to see me— We had company to dine. Rufus G. Amory, Henry Baldwin, William T. Carroll, Mr Chambers, William and Mrs Cranch , Gabriel and Mrs Duvall, Nathanl. Frye junr. Hortensia Hay, David Hoffman, William Johnson, Walter and Mrs Jones , Francis and Mrs Key , Mr M’Culloh, John Marshal,    and Mrs Mercer, J. S. Morsell , David B. Ogden, Richard Peters junr. Daniel Raymond , Tench Ringgold, John Sergeant, Joseph and Mrs Story, Thomas Swann, Smith and Mrs Thompson , Augustus and Mrs Thorndike, Buckner and Mrs Thruston, Robert Trimble, Bushrod Washington, Daniel Webster, William, Mrs and Miss Wirt— At the Dessert, I observed to Chief Justice Marshall and the company, that it was not customary at this House to drink Toasts— That since I had been here, there had been to this rule only one exception— It was on the 6th. of September 1825. the last day that General La Fayette passed in the United States; and it was his birth day— We had then drank one toast—which was the 6th. of September, and the 22d. of February— I now proposed again the same toast, only with the inverted order;—and we drank in Champaign the 22d. of February and 6. of September. 444I attended in the Evening the Ball at Carusi’s Hall; with Mrs Adams, Mary Roberdeau, Abigail S. Adams, and my Son John— The Company was small— A side-board Supper, and we came home shortly after ten O’Clock— I met at the Ball, besides other Strangers, Mr Reynolds the projector of an expedition to the South-Pole, and Mr Lieber the teacher of the swimming school at Boston—