Cherokee phoenix, and Indians' advocate. [volume], April 29, 1829, Image 1

About Cherokee phoenix, and Indians' advocate. [volume] (New Echota [Ga.]) 1829-1834

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CHEI£©KEE PHCENIX, AJffD INDIANS' ABTOCATE,
$2. BO UD IJVOTT, Editor
PRINTED WEEKLY BY
JMO. P. WHEELER,
At #2 50 if paid in advance, $3 in six
months, or $3 50 if paid at the end of the
year.
To subscribers who can read only the
Cherokee language the price will be $2,00
in advance, or $2,50 to be paid within the
•year.
Every subscription will be considered as
Continued unless subscribers give notice to
the contrary before the commencement of a
hew year, and all arrearages paid.
Any person procuring six subscribers,
'and becoming responsible for the payment,
Shall receive a seventh gratis.
Advertisements will be inserted at seven
ty-five cents,per square for the first inser
tion, and thirty-seven and a half cents for
each continuance; longer ones in propor
tion.
§C3»AII letters addressed to the Editor,
post paid, will receive due attention.
AGENTS FOR 'IHE CHEROKEE
PHCENIX.
The following persons are authorized to
Receive subscriptions and payments for the
Cherokee Phoenix.
Messrs. Peirce &, Williams, No. 20
Market St. Boston, Mass.
George M. Tract, Agent ofthe A. B.
F. M. New York.
Rev. A. D. Eddy, Canandaigua, N. Y.
Thomas Hastings, Utica, N. Y.
Pollard & Converse, Richmond, Va.
Rov. James Campbell, Beaufort, S. C
William Mooltrie Reid, Charleston,
•*9 £
Col". George Smith, Statesville, W. T.
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Rev. Bennet Roberts—Powal Me.
Mr. Thos. R. Gold, (an itinerant Gen-
Jeremiah Acstil, Mobile Ala.
Rev. CTRtrs Kingsbcrt, Mayhew, Choc
■taw Nation.
Capt. William Robertsom, Augusta,
-Georgia.
INDIANS.
MEMORIAL.
To the Honourable the President and
oj the Senate of the State of
heo-rgia.—
The memorial of Robert Campbell,
a resident of Savannah, and a citizen
of the state aforesaid, respectfully
represents — j
That your memorialist and
reflected with deep solicitude and
concern upon the report made to the
Honourable the Senate of this State,
in December last, claiming the abso
lute jurisdiction over, and right of the
state to thfe lands at present in pos
session of the Cherokee Indians, with
in the boundaries of this state; boun
daries which were established, or
father named by ourselves, without
their consent or concurrence.
Your memorialist feels it to be his
duty, and he knows it to be his privi
lege to approach your honourable body
in the language of respectful remon
strance against a measure fraught with
■feo much impolicy, injustice, and dis
grace, and violative of our solemn en
gagements with that brave but unfor
tunate people —especially, and most
unfortunate heretofore, in the high
but false opinion which they entertain
ed for our race, and in their reliance
on, and faith irt our representations
and promises.
In the performance of this duty,
your memorialist will trespass as lit
tle as possible upon your time, but
the subject requires to be viewed in
so many aspects, all illustrating each
other, that at thp outset he desires to
bespeak your indulgence For a patient
hearing Should he pass those bar*-
Vicrs usually prescribed to memo
rialists, which he will endeavour not
'.o do> be begs jrou to twliev* that it
PRINTED UNDER THE PATRONAGE, AND FOR fHE BENEFIT OF THE CHEROKEE NATION, AND DEVOTED TO THE CAUSE OF INDIANS.
will proceed froia no want of respec
for your honourable body, and to over
look any such irregularity for the sake
of the important objects for which he
conies before you.
When first the restlessness and cu
pidity of the European race brought
them to these shores, they found the
red mail lord and sole possessor of the
soil; they found him just and kind, con
fiding and generous —
"He fancied the pale-faced men were gods,
"Nor dreamt th ir secret aim was theft
and cruelty."
Columbus relates in his first voy
age, when his vessel was a wreck,
and he was deserted by a part of his
oivu crc>v, that an Indian chief, upon
hearing the information, "shed tears,
despatched all the people of the
"town with large canoes to unload the
''ship; with their assistance the decks
"were cleared in a very short time.
•'From time to time he sent his rela
tions to the admiral, consoling him,
"and entreating him not to be afflicted
"at his loss, for he would give him all
"he had:" and Columbus further
adds, "they are a very loving race,
"and without covetousness."
Such was the character of the
American Indian in 1492, and the gen
erous and confiding portion of it was
found in full vigour by the first Geor
gians in 1733, when they landed on
the bank of the placid and beautiful
Savamliih.
It is generally known tliit the first
settlement of this colony was the re
sult of a benevolent and charitable
disposition entertained by some Eng
lishmen of humane feelings and easy
fortunes; one of whom, James Ogle
thorpe, undertook its early superin
tendence.
He came to its shores with the
kind's charter of 1732, which is now
termed "the chaiter of the state;"
but as it only authorized him to oc
cupy the uninhabited lands, and as he
found the country pre-occupied by
the Indians to the very threshold, he
lost no time, as the historian relates,
in treating with the natives for a share
of their possessions.
To induce them the more readily
to grant his request, he represented
to them, among other things, "the
"many advantages that would accrue
"to the Indians in general, from a con
nexion and friendship with them,
"(the English,)& as they had plenty of
"lands, he hoped they would freely
i "resign a share of them to his people,
I '■who were come to settle among them, for
'■• their benefit and instruction. Alter
i "delivering some presents which
j "were then considered as a necessary
I "preliminary to a treaty of peace and
"friendship, an agreement was enter
"ed into,'' by which Oglethorpe ob-
I tained a title to the ground that the
city of Savannah now stands upon,
with some of the adjacent country.
| The fourth article of the treaty
made under these artful but delusive
| representations, has the following
; words:— /
"We, the head men of the Coweta
"and Cuscta towns, in behalf of all
"the lower Creek ilation, being (irmly
' persuaded that he who lives irt
"heaven, and is the occasion of all
"good things, has moved the hearts
"of the trustees to send their beloved
"men among us, for the good of our
"wives and children, and to instruct
?'os and them in what is straight, do
declare that we are glad
"that their people are come here;
iL and though this land belongs to us, (the
"lower Creeks,) yet we, that we may
"be instructed by them, do consent and
"agree, that they shall make U3e of,
"and possess those lands which our
"nation hath not occasion to use."
At a congress of all the chiefs and
warriors of the lower Creek nation,
held at Coweta in 1739, the treaty
of 1733 was declared in full force;
and certain taetes ond boundte of a
-oiisiderable country described, as
defining the teritory in and over
which these Indians were sole propri
etors. Their right and title to this
<VEW BCHOTA, WEOiVBSDAY APRIiL, 29,1829.
territory is declared in terms, of
vhich, for strength and energy, we
oave few examples.
They assert that this country "doth
•'by ancient right belong to the Creek
"nation, who have maintained posses
sion of the said right against all op
"posers by war, and can show the
heaps of bones of their enemies
■'slain by them in defence of the said
lands."
Iu 1173, at a congress held at Au
gusta, Sir James Wright, and the
Hon. John Stewart, acting as com
missioners on behalf of the King, the
Cherokee Indians ceded a valuable
district of country for the purpose of
paying their debts; a measure which'
may possibly be considered by some
as one of the strongest instances that
can be produced of their being at that
period much below the standard of
civilization.
In 1183 a treaty and covenant was
made at Augusta, by Governor Ly
man Hall, General John Tweggs,
Colonel Elijah Clark. Colonel YVill
iarn Few, the Hon. Edward Telfair,
and General Samuel Elbert, on the
port of the state of Georgia, (then
stated by this instrument to be in thf
seventh year of its independence,.) and
the "head men, warriors, and chiefs
"of the hordes or tribes of Cherokee
Indians, in behalf of the said nation."
By this treaty and covenant, peace be
tween the state of Georgia and that
nation was estalished; and a consider
able district of country ceded. In
1785 a treaty was concluded at Hope
well, between the United States of
America, and the Cherokee Indians,
by which peace was made, and boun
dries between them defined. Fmm this,
I extract the third and twelfth arti
cles.
' Art. 3. The said Indians for
"themselves and their respective
"tribes and towns, do acknowledge
"all the Cherokees to be under the
"protection of the United Stat o
"America, and of no other sovereign
"whosoever."
"Art. 12. That the Indians may
"have full confidence in the justice of
"the United States, respecting their
"interests, they shall have the right
"to send a deputy of their choice,
"whenever they think (it, to Con
gress."
In 1787, the United States formed
their present admirable constitution;
which Georgia "assented, ratified,
"and adopted, fully and entireiy," on
the 2d of January, 1788.
This constitution declares that Con
gress shall have power "to regulate
"commerce with the Indian tribes."
That "the President shall have pow
"er by and with the advice and consent
"of the Senate, to make treaties, pro
vided two-thirds ofthe Senators pre
sent concur;" and that "all treaties
"made or which shall be made, under
"'•the authority of the United States
"shall be the supreme law ofthe land,
"and the judges In every state shall
"Ije bound thereby; any thing in the
"constitution or laws of any state to
"the contrary notwithstanding."
Under this constitution, on the 2d
day of July, 1791, a treaty of peace
and friendship was made and conclud
ed between "the President of the
United States of America, on the
"part and behalf of the said states,
"and the undersigned Chiefs and
"Warriors of the Cherokee Nation of
"Indians, on the part and behalf of
"the said nation." The two follow
ing articles are quoted from this
"time, furnish gratuitously the said
."uation with useful implements of
treaty.
"Art. 1. The United States sol
"emly guarantee to the Cherokee
"Nation, all their lands not hereby
"ceded."
"Art. 14. That the Cherokee
"Nation may be led to a greater de
"gree of civlization, and tp become
"herdsmen and cultivators instead of
"remaining in a state of hunters, the
"United States will, from time to
"husbandry; and further to assist the
'sain nation in so ifCsiraOle a pu
l suit, and at the same time to estab
'iish a certain mode of communica
tion, the U. Slates will send sut l.
' ind so many persons to reside i;
'such nation as tiiey may judge pr-op
'>• do! evceecVn? fnur ir> n'tm I '* ,
"who shall qualify themselves to act as
• IllU. !• - • i-t' 1 . S. J iiUSC jJCi'SOilb i»ii.
' have lands assigned by the Chem
' '<ees for cultivation for themselves
"a ;d 'heir successors in office: but
• they shall be precluded from exer
•'eisingany kind of traffick.
This is known as The Treaty of
il li.ai i.un, lu.iiiig bttn si :iii d 0.. w.
"* * ' - 1 rivpr near the mouth o
ihe French Broad.
The next treaty made by the Unit
ed States with the Cherokees was
concluded at Philadelphia in 1794.
It recognises that of Holstein, as
does likewise the succeeding one of
October, n9B, .signed, as it states,
• in the Council-house near Tellico,
"on Cherokee ground."
i ss •. s aiui.s asregards tr; a
fV je* lisfi'.ti "s w'«'» ih< C'ero' wt on
the 24th of April. 1802, when the L T .
S and State of Georgia entered into
lhat agreement with each other
hie-' ! sha r »• <; a-
ordinarywhich has been made the
basis of so much complaint against
civ. ral government.*
Be re 'ctorv h'd yet -daced 'er
final wreath upon the brows of our
revolutionary w i" -, the attention
of the wisest and most patriotic
statesmen oi the country, -vas attract
ed '>y the position in which peace
w aid find several ofthe states: and
thw s "-osiiifiiT vrng weU cnl -ulated
to awaken the most anxious fears for
its internal tranquility and future in
de iendeiv e—an independence
become inestimably dear from the
sacrifices and sufferings which it had
cost. On the south-west they saw
Georgia likely to have control over a
territory nearly equal to the combined
extent of England, Italy, and the Ne
therlands that support a population
of thirty-six millions. Upon the north
west a territory was likely to be
added to Virginia of still greater ex
tent. which might srive her swav ove
more than 240,000 square miles. To
a part of this latter country, Massa
chusetts. Connecticut, and New York
had claims, which were far from be
ing settled or well defined. So that
if the extent of territory had not of
itself created alarm for future inde
pendence, here was a circumstance
whi h th'eateiied tn sf>a gle in blood
the hopes entertained of their newly
horn country.
Accordingly, to guard against this
impending evil, Congress, in Septem
ter, 1780, addressed the several
states having claims to land and
sovereignty beyond their present limits
recommending a transfer of them tp
the United States for the general ben
efit. Cessions or all the rights which
they claimed were in consequence of
this recommendation made by New
York f - n the Ist of Ma ch, 1781
Virginia, on the Ist of March, 1784
Massachusetts, on the 19th bf April,
/78G, and South Carolina on the 9th
of August, 1787. In this all-impor
tant course. New York seems to have
been foremost; but in reality, Virgin
ia, the Old Dominion, then well de
serving such a title through the hon
esty, the talents, the disinterested
ness of her politicians—Virginia took
the lead in this patriotic race; for we
find that on the 2d of January, 1781,
she passed an act offering a cession of
her claims to this country; nor does
she derive more honor from the lead
which shethus took in this patriotic
course, than from the example which
she sef in ratifying the ordinance for
the government of the teritory, passed
by Congress on the 19th of July, 1757;
the srticle of which stipulates
that there shall be neither slavery nor
"By the Georgia j>o»itdcinf.
VOiu. Iff.—JSO. 7a
J M ruuut fcfe.i. 11
ry, otherwise than in the punishment • f
crimes. Thereby giving a signal ar«,'
jiractic.il proof 01 her devution 10
tiiose priciples, (he declaration of
w !i on the 4th of July, m 6, 'ad
called forth the administration of
Ati) generous and inaniv he rin
in rope, and given such eclat and
popularity to the cause of the Liiited
States.
ii 0 tober, 1787, Congress passed
another resolution, addressed to North
Carolina and Gt orgia, again reccm*
mending a cession; and on the Is! of
February, 1788, the latter passed an
act offering one upon tain hi i«
tions, one of which w;™the paymeit
of 187 1,428, but Congress rtiU6cd
to accede te them. *
Ten years after this, viz. May
'798. the present constitution, of
Georgia was adopted, the 23d section
of the first article of which niakeG
special provision for such a cession,
and in accordance with ii the ccld
, brated agreement of the 24th oi April,
JBO2, was entered into, by which
Georgia was to receive
The fourth condition of the first
tide of that agreement, whit h has
s« often refered to, is as foN
lows:-*
. ;e United Statei shall at thcif
"o ii expense, extinguish for the rsd
of Georgia, as early as the same can
"be peaceably ibtaioed on reasonable
"terms the Indian title to the cfrurn
"try of Tallassee, to the lands left
"out by the line drawn by the CreeJ S
"in the year 1798, which had b». n
"previously granted by the State of
"Georgia; both uhich tracts har 1 Jcr%
L-merly been yitldtd by the Indian: ami
"to the lands within the forks of
' Oconee and rivers: fc#
"which several objects the President
"of the United States has directeii that
"a treaty should be immediately held
"with the Creeks; and Ibat the l ; (iit«
"ed States shall, in the same manner,
•'also extinguish the Indian title to
"all the other lands within the St; te
"of Georgia."
I have already shown hew Georgia
as a State, as ueli as foiming a con
stituent part or the United States,
stood rn relation to her treaty obliga
tions with the Cheiokees.
I will now show by Extracts from,,
and reference to, the laws of (he
United States, passed before the
date of the agreement of JBO2, and in
operation at that very time, that the
policy of civilizing these people, a
gainst which the Joint Committee of
"Georgia protests, in their report of
Decelnber, 1827, was fixed, notor
ious, declared by repeated public
acts from 1793 downwards—a setiled
policy, which must have been in fcon«
temptation of the parties making that
agreement, when it was entered in»
I to.
The act of first Marcll, 1T94. irf
"its 9th section states, "that in order
"to promote Civilization rmnng the
"friendly Indian tribes, and to secure
"the continuance of their friendship,
"it shall and may be lawful for the
"president of the United States to
"cause them to be furnished w itli
"useful domestic animals and ioiplc
"ments ofhusbandry . M
The act of May I9th, 1796 section
"Ist, enacts, "That the following
"boundary lint, established by treaty
"between the United State* and various
"Indian tribes, shall be clearly ascer
tained and distinctly marked, &c."
conforming,as regards the CheroVeea,
to the treaty with them of 3d July.
1791.
The f3th section provides or tqe
promotionof their civilization.
The act of March Sd. 1759. pro«
vides for ascertaining and distinctly
marking the boundary line betweer
United States and Various Indian
tribes, according to treaties, con*
forming, as regards the CtifoVees to
the treaty with thorn of 2d
1798- lie I3tU section of l^i«