Cherokee phoenix, and Indians' advocate. [volume], August 19, 1829, Image 1

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

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CHMOKEE AK1 SWIMAE'S' ABViCATE.
TAINTED UNDER THETPTtkTOaGE, AND FOR THE BENEFIT OF THE CHEROKEE NATION, AND DEVOTED TO THE CAUSE OF INDIANS E. EGtDIIfOTT, EEITGIi.
raiNTED
VOL. 11.
PRINTED WEEKLY BY
JOfflV F. WHEELER,
At $2 50 if paid in advance, $3 in si:,
months, or $3 50 if paid at the end of the
year.
To subscribers whi cin rea l only thr
Cherokee th? price will b-> $2,00
in alvanse, or #2,59 to be paid within the
year.
Every subscription will be considered a'
csntinnsd un'ess subscribers give notic~ to
the contrary before the commencement of a
new 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, anr" thirty-seven and a half cents for
each continuance; longer ones in propor.
tion.
JC7* VII letters addressed to the Editor,
post paid, will receive due attention.
AGENTS FOR THE CHEROKEE
FH(ENIX.
The following persons are authorized to
receive subscriptions and payments for the
Cherokee Phoenix.
Messr*. Peirce & Williams, No. 20
Market St. Boston, Mass.
George M. T racy, Agent of (he A. B
C. F. M. New York.
Rev. A. D. Eddy, Cipandaie;ua, N. Y.
Pollard K. Converse, Richmond, Va
Rev. James Campbell, Beaufort, S. C.
WiLtTAM Moultrie Reid, Charleston,
s. c.
Col. George Smith, Statesville, W. T.
William M. Combs, Nashville, Ten.
Rev. Bennet Roberts, Povral, Me.
Mr. Thos. R. Gold, (an itinerant Gen
tleman.)
Jeremiah Austil, Mobile, Ala.
Rev. Cyrus Kingsbury, Mayhew, Choc
taw Nation.
Capt. William Robertson, Augusta,
Georgia.
Col. James Turk, Bellefonte, Ala.
ODIAIfS.
THE CHEROKEE ~
[Concluiled. 1
Such is the spe' , J .
ed by the C :~' ,a ,"° W 'T "
twin h- .«ierokee nation. It re-
on the fast policy of ihe
.eminent, and affords irrefragable
proof of ifie sincerity of its intentions
towards the aboriginals and a conclu
sive answer to the charge of cruelty
and grasping cupidity in its transactions
'with them. When the British Quar
terly accuses our government of de
ceptive attempts "to preserve appear
ances by fraudulent and compulsory
purchases of land," and states to
Christendom (as it lately did, No. 61)
that "it has always been the boast of
American policy, that the Indian shall
be made to vanish before civilization, as
the snow melts before the sunbeam," we
can appeal to this tribe for a refuta
tion of the charge. Here we con say
exists a community of aboriginals, en
joying the light of Christianity, and
fast advancing, undorthe protection of
the republic, to an equality with the
white race in civilization.
Here is the evidence on which we
rely for a refutation of the calumny,
and while it exists, it will afford the
proudest evidence of the beneficent
spirit of the government, of an unstain
ed national character, and of the pow
er of civilization.
Whether this testimony is to re
main in the archives of the country,
among the title deeds and evidences
of national character, which were
handed over by the late administration
to its successors, seems now to be a
question. The talk of Gen. Jackson
to the Creeks, of March 23d and the
fitter of tiie Secretary ot War to tiie *
NSW ECHOTA, iiUSWST 19, 31829.
Cherokee delegation, of (lie 18th of
April last, indicate a departure from
the ancient policy of the government.
They are in a different strain from
those hitherto presented, but whether
ii l a loftier, a nobler, or tven in a fair
er strain, is a question noiv to be ex
amined. The President, in his talk,
tells the Creeks that they must re
move, because "you and my white
children are too near each other to live
in harmony and peace." This is a
short and emphatic way of solving the
difficulty. It is indeed a "straight
talk," and comes to the point with
military directness.
With the Cherokees, however, the
Administration is more argumentative,
and certain principles and statements
are appealed to, in order La jusiify..
this departure from its ancient policy.
The Secretary places it on the ground
that, in the revolutionary war, t!)e
Cherokees were allies of Great Bri
tain; and that the treaty of Hopewell,
by which they were received into the
favor of the United States, only allot
ted to them certain territory as hunt
ing grounds; that, upon the acquisi
tion of independence all the rights of
Great Britain became vested in the
original states of this Union, including
North Carolina and Georgia; and that
those states never relinquished the
rights of sovereignty and jurisdiction
over the soil to the Union, and conse
quently may now exercise those rights,
notwithstanding any treaty madp by
the federal government: that the
guarantee given by the United States
(although tnat such guarantee was
ever given is only a matter of infer-
I ence) was not adverse to the sove
• *• I n i tt •. i
reigniy 01 ueorgia, because the Unit
ed Stales'TiacT not the" power to give
sucli guarantee. It would not be too
strong to say that these assumptions
and statements are generally unfound
ed, and evince an entire want of know
ledge of our Indian relations; but, as
we. seek truth rather than victory,
and to inform the public, so that its
opinion may have its proper and legit
imate effect, we stiall present a con
cise statement of t.'nese relations from
official sources,
It is t;jae, as the Secretary ] in s
s !, a -"Ln, that (be Cherokees 'nos
'-"f.?e to the United States : ,n tJ lc Revo
lution, and that, by tl>/ e treaty ofllope
well, the boundary o fthe lands "al
lotted for tbe'.v hunting grounds" were
marked o>',t. It is also true, (although
not stated) that by the same treaty it
W.s agreed, that if a citizen of the
United States attempted to settle on
those lands, he might be punished by
the Indians according to their own
laws; and by the 12th article it was
provided, that the Indians should have
the rijiht to st:nd a deputy of their
own choice, whenever they thought
fit, to Congress. This treaty was
made in the year 1785, under the old
Confederation, when Congress had the
power of regulating trade, and man
aging all affairs with Indians, not mem
bers of any State." This tribe were
clearly not members of any State, and
of course, the management of their af
fairs fell under the jurisdiction of
Congress. Georgia, however, did not
assent to this construction of the arti
cles of confederation. Although du
ring the fury of the contest, and while
dependant for existence upon the arms
and efforts of the Union, it remained
silent; no sooner was peace obtained,
than it sought to appropriate for its
s'eparate benefit, the territory obtained
by the common effort of all; and set
up pretensions to interfere with the
Indian tribes, to which Congress was
compelled to oppose its high authority.
The opinion that was entertained of
the conduct of Georgia in this respect,
may be collected from the proceed
ings of Congress in the year 1757,
particularly from a report dated Au
gust 3d, a resolution passed October
20th, and the instructions to the Com
missioners for negociating a treaty
with the southern Indians.
In all these, the conduct of Geor-
' j gia is condemned, and its
pointedly rebuked. The federal (Jon
stitution was finally adopted, and i:
that instrument provisions were insert
ed with the vie wof obviating the pre
vious difficulties. The treaty-makin
power wes vested in the Presiden
and Senate, and the States were pre
hibited from entering into any treat*
of any description; and the limitatio
contained in the old articles of confed
eration on the power of Congress for
regulating Indian affairs, viz: "provid
ed that the legislative right of an-
State within its own limits, should noi
be infringed or violated," was omitted.
This change was designedly made
in order to prevent collisions betwee
the State and National ai ihoritics, i:;
relation lo the Indians, Iticli bad tak
en plare under the old Constitution.—
The Federal government was noiv in
vested with the exclusive power to
regulate commerce with the Indians
and of making treaties with them; and
also, of repelling their hostile encroach
ments.
To this constitution, Gciorgia be
came a party; and thereby relinquish
ed all right of interfering with Indian
affairs. The general government pro
ceeded to establish friendly relations
with the Cherokees, who, with the
Creeks, had been driven into a war
with the whites,by the conduct of Geo.
In 1791, a treaty was concluded a*
Holston between the United States
and the Cherokees, bv which the
boundary line was established, and
the Cherokee claim to the land, east
and south of the line extinguished.
The. 7th article of that treaty is ns
follows:
"The United States solcmnlv guar
antee to the Cherokee nation, all their
'and not hereby ceded."
It was further stipulated, that all
ci(i>:cns settlins on the Cherokee land,
should forfeit the nrotei-.t'ion of the
United States; a'jd tlint any citizen of
the United committing any of
fencq v.'Ahin the Cherokee territory.
.sbo';,ld be punished as if the same had
h <een committed "within ike jurisdiction
oj the State or District to which he may
belong,-against a citizen thereof."
Provisions were also made for (he
improvement of (he condition of (he
1 ri he, and that they "may be led to, a
greater decree of civilization, and to
become herdsman and cultivators, in
stead of remaining in a state of hunt
ers."
In 1798. a further cession of their
territory was madefy the trea'v of
Tellico; and the United States, in the
6th article, aqrreed to "continue the
guarantee of the remainder of their
country fofeve-r."
Other treaties were subsequently
made, down to the year 1819, not al
tering the relations established by
these treaties; but, on the contrary,
by a treaty made in 1817, the old
treaties were expresslv confirmed.
These were the obligations which
the United States had assumed, pre
vious to the agreement of 1802, with
Georgia:—a solemn guarantee of the
Cherokee lands forever to that nation,
and a promise to establish thein as
cultivators of the soil, and to promote
their civilization.
The Federal Government now de*
clares this guarantee no longer bind
ing, and that the United States have
not the power to interfere to prevent
their expulsion. The Cherokees have
not released them from their obliga
tion. They have committed no act
of hostility, by which the treaties have
been annulled. On the contrary,
they have adhered to the United
States through good report and through
evil report: and when their blood has
been shed in battle, it was in the white
man's cause.',
How then is our pledge fPiWtned?
The agreement between the United
States and G-'oVgia. of 1802. does not
(ouc.i i e case> This was a compart
to wlv,ch the Indians disl not assent. It
r :leased the United States from no
to third parties. It only
ieclared the boundary line between
he public territory, and that territo
y which was thereafter to constitute
le State of Georgia. Previous to
hat agreement, the western limits of
hat state had been (he subject of dis
ute, Georgia claimed to extend its
vestern boundary to the Mississippi:
be United States claimed, as public
territory all west of the Oemulgee
iver. According to the construction
-siven by the United States to the
barter of Georgia, its western boun
dary would have run through the pres
ot centre of that State; and all bc
ve, i that line and the Mississippi,
<as territory to which both parties
id cLim. After much discussion,
'hese conflicting claims were settled
■>y the agreement of 1802, —Georgia
"eding to the United Slates "her rightr
title and claim to the jurisdiction and
soil of the lauds' 1 west of her present
boundary; and the United States ced
ing to Georgia their "claim, right and
title to the jurisdiction or soil of any
lands" east of that boundary. It must
be borne in mind, that in no other in
stance, where the claims of the Unit
ed States and individual States to dis
puted territory were settled, was it
thought necessary for the United
States to cede their claim to the
territory reserved by the State
as within its proper limits. The na
tional Government accepted the ces
sion and the title of the Stfcte, to the
territory not ceded, beenme complete.
In the case of Georgia, however, it
was deemed, essential, in order to vest
in the State a good title to a part of
its Pivisent territory,"comprehending
'.iat in dispute, for the United Srates
to cede their right. This cession, of
course, comprehends no more than the
United States could give, viz: a title
encumbered with all their obligations
to the Indian tribes occupying the ter
ritory ceded. - and Georgia took it sub
ject to the guarantee of the United
States to the Cherokee nation.—
The guarantee was prior to the
agreement, and unless it be maintain
ed that the United States and Georgia
were competent to dispose of the vest
ed lights of third parties, it must en
ter into the. construction of that agree
ment. The cautious limitation of the
obligation assumed by the United
States to extinguish the Indian title,
east of the boundary, "when it could
lie peaceably obtained upon reasona
ble terms," shows that this guarantee
entered into (he contemplation of both
parties, and that they looked only to a
voluntary cession. To this mode of
extingiiishine the Indian title, and the
limitation of its sovereignty, which the
prior obligations of the United States
imposed, Georgia expressly assented
by an act of its Legislature, declaring
the articles of cession to be binding
and conclusive on the State, and its
citizens.forever. It now, however,
claims the right to remove (he Cher
okees by extending its sovereignty
over them. The citizens of Georgia
I have become impatient of their long
and continued residence among them,
and they are clamorous for their re
moval. Their cupidity has been eje
cited and their avarice inflamed, by
the fair and promised land which they
occupy, and (hey call aloud for its di
vision among thejpi by a lottery. The
spacious territory which has been so
lately ceded by the Creeks, has excit
ed, rather than satisfied their de
sire ;
"As if increase of appetite liad grown
Bv what it fed on;"
and they demand the Gherokeb coun
try, with i(s cultivated fields, with the
view of further corrupting the people
of the State by another land lottery.—
This is the o'oject at. heart. This is the
re 3' motive of all this craving desire
to remove tVie aboriginals. For
years the state has been urging it on
the general governmgnt, in a tone alike
discreditable to its humanity and pat
riotism. In order to effect it, one
fraudulent treaty lias been made, at
(lie instance and under the direction 1
of the state government, which the
late administration, sustained as it was,'
in that particular, by public opinion,
refused to carry into effect. Finding
that they can neither persuade nor ca
jole the Cherokees into a cession, they
now attempt to intimidate them by
threatening to extent the jurisdiction'
of the State over them.
In this at there is nothing to
shock the moral sense of mankind.—
Tire jurisdiction of Georgia! Surely
there ran be nothing here but an ex.
tension of the benefits of civilization,
under the direction of a civilized
The inhabitants ot Europe'
and America who may feci solicitous
for the aboriginal, can find here no
substantial violation of guarantees, nd
disregard of national faith. It is but
an extension of the social and judicial
system of Georgia over the Cherokees;
The whole procedure is in the Spirit
of benevolence, and forms only a part
of the national policy.
Such is the plausible appearance of
the outward aspect of this propbsj*
tion; -but in reality it is a decrefc
removal and expulsion. It is miltf
like (he voice of Jacob; but the hands
are those of Esau. The jurisdiction
of Georgia is one thing to the whites?
but another and an opposite thing t(f
all of a different complexion. To ti/§
whites it speaks rfi I lie spirit 6f
common law, and secures to theirf
freedom and equal privilegfeS: {o the
Indian it speaks in the language of pro
scription, and divesting him both of
civil and political rights, degrades
him, from the rank of a freeman, to
the level of the -disfi anchised mulatto
and negro. Without the privilege of
voting or of appearing in courts, either
as party, witness or juror, stripped
entirely of his civil rights, and of his
national character, he is placed at the
mercy of a government maintaining in
the face of heaven and man, such
principles as have been disclosed in
the official papers of that unfortunate
state on this subject.
This would indeed be committere
ctgnum litpo.
It is not easy for a government to
divest itself of all concern, for those
whose interests are committed to its
charge. The worst governments
have always inore or less of public
motive to excuse their policy: but.
when a government has two classes of
subjects, the one to enrich, and the
other to impoverish; when one be
comes the sole object of its care, and
the other of its rapacity, it is impos
sible to imagine a system of more un
mitigated oppression.
Unchecked by human feeling, and
with all its measures sanctioned by
motives of expediency and the public
weal, it deliberately proceeds to the
perpetration of acts, from which in*'
dividual wickedness would recoil with
horror.
Well may the general government
take it for granted, lliat the mitiga
tion of the Cherokee nation is (he cnly
alternative. It is not, however, the
alternative: it is the inevitable result,
if Jliey choose to remain in peace.—
With the high and exalted ideas en»
tertained by the Cherokees of their
national character, they never can
consent to be disfranchised and scat
tered like vagrants through the State
relying for the protection, only, on the
tender mercies of their persecutors.
Better, at once, to oppose themselves
to this systematic usurpation; and,
calling on the United States for a
compliance with their guarantee, and
relying on the justice of their cause,_
to resist, to the last, all invasions of
their country, and of their homes.—
They have every thing which can an
imate them to resist. On one side,
exile and extirpation, on the other,
their continuance as a civilized peo
ple. If they remove into the wil
derness, beyond the Mississippi, froth
ing human can preserve them from
the fate of other tribes, which havfl
NO. 20.