Cherokee phoenix, and Indians' advocate. [volume], June 17, 1829, Image 1

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

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CHEROK.EJE PHCEJVffX, A WD INDIAICS' ADVOCATE.
'" roE '' ™ F0» THE BENEFIT 0, T,IS CEEOKEE MATIOK, AND MTi)raD T0 THE C,„ S E OF „ PIA , S _„. =*
YOU If.
PRINTED WEEKLY BY
JOHN JP. 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 unaless subscribers give nnticcto
the contrary before the commencement of a
new year,and all arearages paid.
Any person procuring six subscribers,
ii bectM ? lln S responsible for the payment,
shall receive a seventh gratis.
Advertisements will be inserted at seven
ty-five cents per square for thp first inser
tion, and thirty-seven and a half cents fo"
each continuance; longer ones in propor r
tioh.
sCF"AII letters aodj-essed to the Editor,
post paid, will receive due attention.
AdIDNTS FOR 'I HE CHEROKEE
PHCENIX.
The following persons are authorized to
receive subscriptions and payments for the
Cherokee Ph<tinix.
Messrs. Peirce & William.?, No. 20
; Market St. Baston, Mass.
G-sokge M. Tracy, Agent ofthe A. B.
C. F. M. N=w York.
Rev. A. D. Eddy, N. Y.
Ihomas Hastings, Utica, N. Y.
PoleJCru & Converse, Richmond, Va.
Kev. James Campbell; Beaufort, S. C
William Moultrie Reid, Charleston
S. C.
Col. George Smith, S. atesville, W T
W illiam M.Tombs, Nashville Ten
'Rev. Bennet Roberts—Powal Me.
Mr. Tjios. R. Gold, (an itinerant Gen
tleman.)
Jeremiah Acstul, Mobile Ala.
Cyros Kimgsbdry, Mayhere. Choc
taw Nation. J ,^aon
Capt. William Robertso.*, A'jw„ s t,
Georgia. J o U!,ia )
Coi James Turk Bellfon*eA?.\
"■ ——■Brj Br
INDLSINS.
Memorial
o/" .Mil Ii Ri chard Tay l or Dd _
ward hunter, & William S. Coody,
ttepresentatwes of the Cherokee M-
Hon of Indians.
To the Honorable the Senate and House
ol Representative 0 f the United States of
Aincnca, in Congress assembled:
We, the undersigned, Representa
tives 0 f t ] le Cherokee nation, h C g
to present before your b;j„ 0 ,. a °
• e jodies a subject ol the deepest
uterest to our nation, as '.evolving the
snost sacred rights s'ul privileges of
the Cherokee People. The Legis
lature of Georgia, during its latest
session, passed an act to add a large
portion of our Territory to that State,
and to exteud her jurisdiction over the
same, declaring "al! laws and
usages, made and enforced in said
Territory by the Indians, to be null
and void after the first of June, 1830-
No Indian, or descendent of an Indian,
( to be a competent witness, or a party
to any suit to which a while man is a
party." This act involves a question
of great magnitude and of serious im
port, and which calls for the deliber
ation and decision of Congress. It is
a question upon which the salvation
and happiness or the misery and , de
struction of a nation depends, there
fore it should not be trifled with.
The anxious solicitude of Georgia to
obtain our lands through the United
States by treaty was known to us, arid
after having accommodated her desir
es (with that of other States bor
deting on our territory) by repeated
icession of lands, until no more can be
»i>.a.Sonably spared, it was not conceiv
ed, much less believed,-that a State,
proud of Liberty, and tenacious of tha
rights oj man, would con leseend to
have placed herself before the world
in the imposing attitude of a usurper
of most sacred rights and privileges
oi a weak, defenceless, and innocent
nation of people, who are in perfect
with the United States, and to
whom the faith of the United States
is solemnly pledged to protect and de
rend them against the encroachments |
of their citizens.
In acknowledgment for the protec
tion of the United S'ates and the con
sideration of guaranteeing to our na
tion forever the security of our lands
&3. the Cherokee nation ceded by
treaty a large tract of country to the
United States, and stipul ted that the'
said Cherokee nation "will not hold
any treaty with any foreign power, in
dividual State, or with, individuals of
any State." These stipulations on
our part have been faithfully observ
ed, and evjer shjll be. |
The l ight of regulating our own In
ternal affairs, is a rigiit which we
[ have inherited from the Author of our
existence, which we have always ex
ercised, and have never surrendered.
Our nation had no voice 111 the for
mation o! the Federal compact be
tween the States; and if the United
States have involved themselves-by
an agreement with Georgia, relative
to the purchase of our lands, and have
failed to coin i!y with it in'the strict
est letter of their compact, it is a
matter to be adjusted between them
selves; and on no principle*' 0 f j, Jst ~|.. e
can an innocent peop>>., who were "in
10,,.') a that compact, be
'iL fl,r 'nlfilinent;
consequently th V *w«ld not be op
pressed i,i direct violation of the so
le.n.ll obligation* pledged by treaties
(or their protection
1,/ u "' th P a '" deep regret we
i r-, witnessed the Various plans
w nich have been devised within a few
I years past by some of the officers of
I the General Government; and the
I measure adopted by Congress in con
formity to those plans, with the view
; of effecting the removal of our na
| tion beyond the Mississippi, for the
puipose, as has been expressed, to
promote our inntrest on.l permanent
happiness, and save us from the im
pending fate wlii-h bus svept others
into oblivion. Without presuming to
dyubt the sincerity and good intentions
of the advocates of this plan, we,
as the descendants of the Indian race,
and possessing both (he feelings of
the Indian, and the white man, cannot
but bel'.eve that this system to per
petu? t te our happiness, is visionary,
ail i that the anticipated blessings can
never be realized. The history of
the prosperious and improving Condi
tion of our people in the arts of civi
lized lifr and christianization, is be
fore the World, and not unknown to
you. Thai cause which have pro
duced this great change and state of
things, are to be traced from the vir
tue, honor,and wisdom, in the policy of
the Administration of the Great
Washington—the Congress of the Unit
ed States and the* American People;
the relationship and intercourse es
tablished by treaties, and our loca
tion in the immediate neighbourhood
of a civilzed community—and withal
occupying a country remarkable for
its genial and salubrious climate; af
fording abundance of good water,
timber, and a proportionate share of
good lands for cultivation. If, under
all these advantages, permanent
prosperity ami happiness of the Cher
okee People cannot be realized, they
never cari be realized under any other
location within the limits of the
United States,
We cannot but believe, that, if the
same zeal and exertion were to be
used by th«i General Government and
the State of Georgia, to effect a
in itual compromise in the adjustment
of their compact, as and is
noiv, using to effect our removal, it
could be done fo the satisfaction of (he
NEW ECU OTA, WEDIESDAY JUNE 17, 1829.
people of Georgia, and without any
sacrifice to the United States. We
should be wanting in liberal and char
itable feelings were we to doubt the
virtue and magnanimity of the Peo
ple of Georgia, and we do believe that
(•ere are men in that State whose
moral and religious worth stands forth
inferior to none within the United
S.ates. Wiy, then, should the pow
er that framed the Constitution of
o-sorgia, and made the cpmpact with
the United S. be not exercised for the
honor of the country, and the peace,
happiness, and preservation of a peo
ple, who were the original proprie
tors of a large portion of the country
now in {the possession of (hat State;
And whose title to the soil they now
occupy, is lost in the ages of antiqui
ty, whose enterests are becoming
identified with those of the United
States, and at whose call they are
ever ready to obey in the t hour af
danger.
fn the treaty made with the Cher
okees west ol the Mississippi, in May
last, an article was inserted with the
vieyvs of inducing our citizens to emi
grate, which we cannot but view as
an unpredented policy in the Gener
al Government; and whilst we admit
the liberty o: the Gherokees as free
men to exercise their own choice in
removing where they may think pro
por, we cannot admit the right of the
Cherokees west of the Mississi-;,;
more than any other i.ati-,, to enter
into a treaty with ,i le Ullited States
to atiec.i our national rights and privi
leges in any respect whatever, and
against which we would most solemn
ly protest. It is with no little sur
prise that we have «een in a documenl
printed tor the use of Congress, con
nected with the subject of Indian em
igration, the following statement:
"from the ascertained feelings of the
Chiefs of the Southern Indians, there
is a fixed purpose, by threats or otherwise,
to keep their people Jrom emigrating.'"
Again: "there is no doubt but these peo.
pie fear their chiefs, and on that account
keep back[f we are to understand
that these remarks were intended to
apply to the people and chiefs of our
nation, we do not hesitate in saying,
that the informant betrays cither an
entire ignorance on the subject, or a
wanton disposition to misrepresent
(acts. The-chiefs of our nation are
the immediate representatives of the
people, by whose voice they are e
•lected; & with equal p/opriety it may
be said, that the people of the Unit
ed States are afraid of these Repre
sentatives in Congress, and other
public -officers of the Government.
We cannot admi" that Georgia has
'the right to extend her jurisdiction
over our territory, nor are the Che
rokee people prepared tQ submit to
her persecuting edict. ' We would
therefore respectfully and solemnly
protest, in behalf of the Cherokee ria-
tioii, before your honorable bodies,
against the extension of the laws of
Georgia over any part of our Territo
ry, and appeal to the United States'
Government for justice and protec
tion. The great Washington advised
a plan and oiforded aid for the gener
al improvement of our nation, in ag
riculture, science, and government.
President Jefferson followed the no-
ble example, and concluded an ad
dress to our delegation, in language
as follows: "I sincerely w r ish you may
succeed in your laudable endeavors
to save tiie remnant of your nation by
adopting industrious occupations and
a Government of regular law. In this
you may always rely on the counsel and
assistance of tlig United Stoles." This
kind and generous policy t o meliorate
our condition, has been blessed with
the happiest results: our improve
ment has been without a parallel in
the history of all Indian nations. Ag
riculture is every where pursued,and
the interests of our citizens are per
manent in the soil. We have enjoy
ed the blessings of Christian instruc
tion, the advantages of education and
morit are justly appreciated, u Gov-
ernmerit of regular law has been a
dopted, and the nation, under a con
tinuance of the fostering care of the
United States, will stand forth as a
living testimony, that all Indian nations
are not doomed to the fate which has
swept many from the face of (he
earth. Under the parental protec
tion of the United States, we have ar
rived at the present degree of im
provement, & they are now to decide
whether ue shall continue as a peo
ple, or be abandoned to destruc
tion.
In behalf, and under the auihori
!y of the Cherokee nation, this pro
test and memorial is respectfully suL
inittted- J
Washington City Feb. 27, JS29,
From the Georgia Journal—Extra.
"May 26.
The Indians.—Since the publica
tion of our paper of the 25th, the fol
owmg documents have been received
by the Governor. They are believed
to furnish intelligence sufficiently im
portant, and gratifying to the public,
to warrant the issue of an extra sheet.
INDIAN TALK.
From the President of the United States
to the Cresk Indians, through Colo
nel Crowell.
Friends a:; t j Brothers: By permis-
SlOll Oi the Great Spirit above, and
the voice of the people, 1 have been
made a President of the United States,
and now speak 16 you as your Father
and friend, and request you to listen.
Your warriors have known me long.
You know 1 love my white and red
children, and always speak straight,
and not with a forked tongue; that I
have always told you the truth. - I
now speak to you, as to my children,
in the language of truth—Listen.
Your bad men have made my heart
sicken, and bleed by the. murder of one
of my white. children in Georgia.—
Our peaceful mother earth has been
stained by the blood of the white man,
and calls for the punishment of his
murderers, whose surrender is now
demanded under the solemn obligation
of the treaty which your Chiefs and
Warriors in Council have agreed to.
To prevent the spilling of more blood,
you must surrender the murderers,
and restore the property (hey hare
taken, l'o preserve peace, you must
comply with your own treaty.
Friends and brothel, listen:—
W here you nojv are, you and my
white children are too near fa each
other to live in harmony and peace.
Your game is destroyed, and many of
your people will not work and till the
earth. Beyond the great River Mis
sissippi, where a part of your nation
has gone, your Father has provided
a country large enough for all of you,
and he advises you to remove to it.—
There your white brothers will not
trouble you; they will have no claim
io the land, and you can live upon it,
you and all your children, as long as
the grass grows or the water runs, in
peace and plenty. It will be yours
forever. For the improvements in
the country whens you now live, and
for all the stock which you*cannot
takj with you, your Father will pay
you a fair price.
In my talk to you in the Creek Na
tion, many years ago, I told you of
tliis new country, where you might be
preserved as a gt-eat nation, s and
where your white brothers would not
disturb you. In that country your
Father, the President, now promises
to protect you, to feed you, and to
shield you from all encroachment.—
Where you now live your,white broth
ers have always claimed , the land.—
I'he land beyond the Mississippi be
longs to the President and to none
else; and he will give it to you for-
My children, listen. The late
murder of one of my children in Geor
gia, shews you that you and they are
too near to each other. These bad
men uvnst now be delivered up, and
suffer the penalties of the law lor the
biood they have shed.
i I have sent ray Agent , and your
friend Col. (JroWell, to demand the
surrender ol the murderers, and to
consult with you upon the subject of
your removing to the land f have pro
\ iiled lor you West of the Mississippi,
in order that ray white and red chil
dren in ay live in peace, and that the
land may not be stained with the blood
of ray children again. I have in
instructed GoL Cl owell to speak the
truth to you, and to assure you that
your father, the President, will deal
J airly and justly with you, and whilst
he feels a Father's love for ypu, he
advises your whole nation to go lo the
place where he can protect and fos
ter you. Should any iireline to re
main and come under the laws of AI--
abama, land will be laid off for them,
and their families in fee.
My children, listen. My white
children in Alabama, have extended
their law over your country. If y OU
ie inn in in it, you must be subject to
that law. Il you remove across the
Mississippi, you will be subject to
your own laws, and the care of your
Father the President. You will be
treated with kindness, and the lands
will be yours forever.
Friends and Brothers, listen. This
is a straight and good talk. It is for
your nations good, and your father re
quests you to hear his counsel
Signed ANDREW JACKSON
March 23, 1823.
The Secretary of War lo the Cherokea
Delegation.
(COPY.)
Department of War, )
April 18, 1829. \
To Messrs. John Itoss, llichard Tay > ■
lor, Edicard Gunter dnd JVillianuS.
Coody, Cherokee Delegation.
Friends and Brothers;— Your letter
of the 17th of February, addressed to
the late Secretary of War, has been
brought to the notice of this Depart
ment, since the communication made
to you on the 11th ir.st.; and having
conversed freely and fully with the
President of th.e United States, 1 am
directed by him to submit the folloiv-
ing as the views which are entertain
ed, in reference to the subjects which
you have submitted for consideration.
You State that "the Legislature
of Georgia, in defiance of the
laws of the United States, and
the most solemn treaties existing,"
; have extended a jurisdiction over
your nation to take effect in June 1830.
P That "lour nation had no voice in
, the formation of the confederacy of
' the Union, and has ever been un-
shackled with the laws of individual
j States, because independent of them;"'
,and that consequently this act of
' Georgia is to he viewed,, "in no.oth
; er light, than a wenton usurpation of
power, guaranteed to no State,'nei
ther by the common law of the land
' nor by the laws of nature."
| To all this, there is a plain and ob
, vious answer, deducible from the
| known history of the country. - Du
ring the war of the Revolution, your
nation was ths friend and ally of
Great Detain; a power which then
claimed entire sovereignty, within the
limits of what the (Thirteen
, United States. By the Declaration
ol Independence and subseriuently the
Treaty of 1783, all the rights of sove
reignty pertaining to Great Britain,
became vested respectively* in the
original Sjfites of this Union, including
North' Carolina and Georgia, within
whose territorial limits, as defined
and known, your nation was then sit
uated. If, a? is the case, you have
been permitted to abide on your lands
from that period to the present, en
joying the right of soil and privilege
to -hunt, it is not thence to be infer
red, that this was any think more
than a permission growing out of
compacts with your nation; nor is it a
circumstance whence, now to deny
to those States, the exercise of their
original sovereignty.
.NO. 11.
\