Newspaper Page Text
CHEROKEE PHOIX, AND INDIANS' ADVOCATE,
PRINTED UNDER THE PATRONAGE, AND FOR THE BENEFIT OF THE CHEROKEE NATION, AND DEVOTED TO THE CAUSE OF INDIANS E. BCtTJJIKCTT El>lTOH VOI*. II. NSW ECHOTiL, WEDMESDJLY SEPTEMBER 2, 1829. j$Q. 22. PRINTED WEEKLY BY JOHN F. WHEELER, At 52 50 if pai l in advance, $3 in six ißonth', or #8 50 il" paid at the end of the year. To subscribers who c.ia read only the Cherokee the price will in alvance, or £2,30 to be paid within tho year. iiverv subscription will be considered a conUa 12J unless subscribers give notic • to the contrary before th» co nm-ncement of a new year,and all arrearages paid. Any person procuring six subscribers, and becoming responsible for the payment, shail receive a seventh gratis. Advertisements will be inserted at seven ty-five cents [>er square for the first inser tion, am' thirty-seven and a half cents for each connnaance; longer ones in propor- ( *ion. iCSf- All loiters addressed to the Editor, post paid, will receive due attention. AGENTS FOR THE CHEROKEE PHCENIX. The following persons are authorized to receive subscriptions and payments for the Ch.?rolcee Phoenix. Messrs. Peirce & Williams, No. 20 Market St. Boston, Mass. Gsorge M. Tracy, Agent of the A. B. C. F. M. New York. Rev. A. D. Eddy, Ca landaigrua, N. Y. Thomas Hastings; Uuca, N. Y. Pollard & Converse, Richmond, Va. Rev. James C»mpbei.t., B aufort, S. C. William Moultrie Reid, Charleston, S. C. Co 1 . George Smith, Statesville, W. T. William M. Combs, Nashville, Ten. Rev. Bennet Roberts, Powal, Me. Mr. Thos. R. Gold, (an itinerant Gen tleman.) Jeremiah Aiistil, Mobile, Ala. R v. Cyhus Kingsbury, Mayhew, Choc taw Nation. Capt. William Robertson, Augusta, Georgia. Col. James Tubk, Bellefonte, Ala. INDIANS. From the National Journal, The present Mminislralion and the India.is.—ln order that the American people may understand the fundament al change which their Indian relations are to undergo under the ••reforming o O hands of Gen. Jackson, we publish this raoi'iHijSf !iis 'Talk 'to the Creeks, and the letter of Mr. Secretary Ea ton to the Cherokee Delegation. In contrast with these extraordinary pa pers we also publish President Mad htri's celebrated - Talk" in SolS, to the Indians; a performance which, for beauty of style, and for the justice a>id enlightened humanity of its princi ples, is as charaeterestie of its au thor as the peculiarities of President Jackson's "Talk" and his Secretary's letter are suitable to these distinguish ed functionaries. General Jackson, after announcing his elevation to (he Presidency, in terms which the phrase of European Royalty, ''by the Grace of God," is varied to suit the Indian taste says to his Red children with military brev ity, "where yon now arc, you and my White children are too near to each other to live in harmony and peace." The author of the Talk seems to have suspected that this was rather a summary disposition of a question of right, fctr shortly after, he adds, "where you now are your White brothers have always claimed the Jand" This declaration must have surprised the Creeks, as their Father had just assured them that he always S'*oke "with a straight and not with a forked tongue," and they perfectly kne v that the United States had nev er claimed that land. On the contra ry, the Indian title to it is recognized by the Constitution of the United States, ami by many of their treaties with the Indians, from the treaty at New York, in 1790, to that made at ♦Vashington, in 1826. Equally ground less with the declaration just referred to is the pretension of Alabama to ' extend their law, over the Creeks —a people not citizens of the State, and not amenable to its laws. "My White children in Alabama have ex tended their law over your country.'' Nothing can more clearly show the extravagance of the principle, con tended for, than the terms in which it is couched. The country is styled the country of the Creeks—"your country"—and yet is made subject to the law of Alabama, and they are threatened with banishment if they decline submitting to it! ''lf you re main in it, 1 ' (i. e. in your own coun try,) "you must be subject to that law. If you remove across the Mis sissippi you will be subject to your own laws, and the care of your Fath er the President." The letter of the Secretary of War to the Cherokee Delegation, is an ex position of the principles avowed in the President's Talk. Mr. Eaton contends that during the Revolution ary war the Cherokees were the friends and al! : es of Great Britain; that Great - Biitain claimed entire sovereignty within the limits of the thirteen United States; that by the Declaration of Independence, and subsequently, by the treaty of 1783, all the rights of sovereignty pertaining to Great Britain, became vested re spectively in the original States of the Union, including North Carolina and Georgia, within whose territorial lim its, as defined and known, the Chero kees were then situated; that their subsequent residence on their lands, with "the right of soil and the privi lege to hunt," was only permissive; that the treaty of Hopewell, conclud ed in 1785, allotted and defined their limits and hunting grounds, secured them "in the privilege of pursuing the same, and from encroachments by the Whites;" that it conceded a possessory right only to the Cherokees, leaving the sovereignty, wlice it was before, k those States within whose limits they were situated; that a durable peace was not entered into with them till 1791, when the United States gave a guaranty, "favorable to the occupancy and possession of the coun try," but (hat they neither made nor had the power to make a guaranty ad verse to the sovereignty of Georgia;" that in 1802, Georgia ceded to the United States all lier Western terri tory on a condition which was accept ed, "ttiat th6 United States shall at their own expense, extinguish lor the use of Georgia, as early as the same can be obtained on reasonable terms, the Indian titles to all <he lands with in the State of Georgia." The Sec retary then states that the establish ment by the Cherokees of an indepen dent substan'ive government, within the limits of Georgia, against her will, had. induced her, through virtue of her sovereignty, to extend her law o ver their country; on the hypothesis that Georgia cannot rightfully exer cise such a power, he warns the Che rokees that "the arms of this country can never be employed to stay any State of this Union from the exercise of those legitimate powers which at tach and belong to their sovereign character;" —and he concludes by urging on the Cherokees, as the Pres ident had done on the Creel s, a re moval beyond the Mississippi, as the only assurance to them of protection and peace. No we venture to-aver, ev er emanated from the War Depart ment, so abundant in mistakes t>f fact and reasoning, as this letter of Mr. Secretary Eaton. The fallacy, which is the snbtratum of the whole argument, (if argument it can be call ed,)is that any title to lands in this coun try exist, besides that derived down from compacts with the aborigina proprietors, and the less unequivocal title founded in European occupancy. Great Britain, says Mr. Eaton, claim ed, during the Revolutionary War, '•entire soveieignty within the limits of what constituted the thirteen Uni ted States."' The only right ever pretended by Gieat Britain, to lands in North America, were in the case of inhabited territory, the right creat ed by treaties and other agreements with the natives, and in the case of vacant territory, that of first occupa tion; the latter description of right belonging, according to the European principle, to discoverers, and in many instances being expressly confirmed by Royal charters. The sovereignty thence arising was mrnifestly only operative against the pretensions of other foreign nations, and neither coiir tlicted or affected to conflict with the distinct national character of the aborigines. It was sovereignty, thus explained, that by the Declaration of Independence was assuiriod, and by the treaty of i783 devolved on the li nked States; or as the Secretary, in the superabundance of his Constitu tional learning affirms, on "(lie origin al States of the Union, including North Carolina and Georgia." But at no stage of the history of the sove reignty, was the national Indian char acter ever considered to be merged [ in State membership, or any claim set up to appropriate, without their consent, the soil remaining in posses sion of the Indians, and vvl ii h they had not bargained away. Indeed re peated instances of a disavowal, ex pressed or implied, of such pretensions, are contained in treaties made by the United States with the Indians, to say nothing of the Constitution of the for mer. In the treaty dL Hopewell, made in 1785, (to the preamble and one section of which the Secretary refers in a tone of triumph, but little justified by other parts of it,) the in dependence of the Cherokees on any State is recognized by a provision en titling them to send to Congress a deputy of their own choice It is al so recognised by an article in the same which it has suited Mr. Eaton to pass over slightly, as securing them "Irpm encroachments by the whites," but which expressly commit to their oun jurisdiction any citizen of the United States, or other person not being en Indian, who should attempt to settle on, or refuse to remove from, their hunting grounds. In the treaty of Holstein, made in 1791, "the United States solemnly guarantie to (he Che rokee nation, all their lands not here by ceded," but, says Mr. Eaton, they "forbore to offer a guarantie ad veise to the sovereignty of Georgia." What estimate the United States formed of the sovereignty of Georgia as adverse to the Indian title, is man ifested by the new Constitution which they had formed about two years be fore, and which vested in the Presi dent and Senate, and withheld from the States, the power of making trea ties, and omitted the provision con tained in the 9th article of the Con federation, "that (he legislative right of any State, .within its own limits, benbt infringed or violated" by the exercise of the power therein given to Congress, of "regulating the trade and managing all their affairs with the Indians—not members ef any States." It is observable that after the war, and during the operation of the Con federation, Georgia had made various abortive efforts to propitiate Congress to her aggressions on the Indian title. The provisions, in this same treaty, turning over to the Cherokee jurisdic tion citizens of the U. States, or other persons, not being Indians, who should settle on the Cherokee lands, is not noticed by the Secretary. He is e qually forgetful of the prticle in the treaty of Tellicb, ifiade In 1798, in which the United States stipulate with the Cherokees, "to continue the guaranty of the remainder of their country forever, as made and contain ed in former treaties," and of similar stipulations made in subsequent trea ties. He seems to consider ail these solemn facts as annulled by the agree ment made in 180$, between the li nked States and Georgia, in which it was proposed by Georgia, and assent ed to by the l T nfted States, "that the United States shall, at their own ex pense, extinguish for the use of Geor gia, as early as the same can be peace ably obtained oil reasonable terms, the Indian title to ali the lands within the State ol Georgia." This agree ment' manifestly admits an existing Indian title; supposes that such title can be extinguished only by the con sent of the Indians themselves; defines 110 time lor its extinguishment; asserts no power or right in Georgia to at tempt to extinguish it, in the contin gency of a failure on the part of the U. States to do so, "•peaceably" & "on reasonable terms," and above ail is an agreement to which the .Indians were not parties. y How such a compact can be sup - posed by any mind, and especially by 11 that of a licensed lawyer, to be a re - vocal ion of existing treaties between - the United States and Georgia, would i; ideally surprise us, had we not prtevi t ous reasons I'or suspecting that the - Hbtiorubie Secretary was far more - distinguished for the rashness than for ] llie perspicuity of his intellectual cf 1 foils. We are, to speak candidly, a r liltle afraid that his notions of law and - logic are sometimes sadly undigested. f In this very letter, while arguing that - the Indians have only a possessory and - hunting right, he concedes to them , expressly the right of soil, the very 5 thing they are contending for; and in r reasoning on the hypothesis that Geor - gia has no light to extend her law o , ver the Lherokees, states that should ! I -4he, however, do so, without right, the r United States will suffer her to pro i ceed, because they \\ ill not obstruct • her in the exercise of her legitimate j ■ power. The high handed mandate, scarce ly shrouded under the will of advice that the Indians should remove to oth er lands provided by their "Gieat Father," is enforced by an alleged in compatibility between their new insti tutions and the claims of Georgia.— It is unnecessary now to discuss the question of rigiit, disregarded by this assumption; for the Committee on In dian.aiinirs in Congress last session, emphatically say that they "do not perceive,that the regulations adopted by the Cherokees under the forms of a constitution and laws, change in any manner their relations to the United States." But the facts, Which fully sustain this opinion of the Committee, seem to be the chief cause of the acrimony with which' the State of Georgia has of late years pushed her pretensions. The progress of the Cherokees in civilization, under the auspices of former administrations, has awakened murmurs in Georgia which must surprise and distress eve ry liberal mind. A Committee of the Legislature complained in December 1827, that the United States had con trived "so to add to thte comforts of the Cherokees, and sb to instruct them in the business of husbandry, as to at tach them so firmly to their country and their homes, as almost to destroy the last ray of hope that they will ever consent to part with fhe Georgia lands." These "contrivances" on the part of the United States are the ap plication of a beneficent system, which the American Government, at its in ception, solemnly agreed ivith the In dians to put in practice; of which the was a favorite object with Washington and his successors; and O ' which is recommended to zealous ob servance by every consideration of philanthropy, sound policy, and na tional faitli. Such is the system that the present Executive, in aid of sel fish passions, now threatens to subvert. If the policy, uniform from the colo nial to the present times, is to be sud denly changed; if Federal protection of the Indians is t;q be substituted by • State despotism; if treaties are to be : violated that lotteries may thrive} ■ then indeed this may well be called ■ the era of Revolution, but who ca»r say that it is the era of Reform? t- Indian Wrongs.—We are rattier'' r- surprised to see the religious papers 3 - so nearly silent as to the policy of the s, present administration, in reference to u Indian affairs. The plan of virtually compelling the Creeks to migrate to g the Rocky mountains for fartherly pro e tection, will be to establish a prece - dent which may soon be extended to s the C'herokees, and for ought we see s to every tribe whose land happens to - be coveted by avaricious speculate)/ - among the whites. One would thmlc ; that the guilt of African slavery was i enough for the nation to bear, without i the additional crime of injustice to ihe 3 aborigine. And what it' this policy should be pursued? What would be* - coine of Indian improvement? Wjlf r the wilderness of the Rocky mountains? . be a good place to acquire a knorii. i edge of agriculture, the art? ant! I sciences of civilization, and the fffipr trfnes and duties of Christianity? Nc? ! such thing. It is all hollow p.eteniff > —sheer selfishness! The Giiorgii • speculators may say what they please, and the new administration maV !>e» come their abettors; but the triinsafcf I tions now on foot, unless we hnvg to tally mistaken the subject, will be ah foul blot oii our nation's character. t 1 rum tlie New York Observer. L'or- l>e fodiont.—A writer who (ifwe , o _ have rightly guessed the man) is pfl >u!d In ' r P% qualified l'or the task, has" j sent to (he editors of the National In- telligencer a series ofEss.yson the j pending and ripening conirciersy be» c tueen the United States and the In j dians. Th"6 editors have promised to ! insert them, end we mry expect the first number in the course 6f a few days. Meanwhile, we may learn something of what is coming from the* following note to the editors accompa-" I living the Essays. | I. This is a subject which must be abundantly discussed in our country. s | 2. It will be among lite most im i- portant, and probably the most eon i, j tested business of the twenty -first, t Congress. Some able members of d Congress, to my certain knowledge, a wish to have the matter discussed. 3. I expect to make it appear, by a particular examination of treaties, j that the United States are bound to ! Secure to the Chferokees the integrity j and inviolability of their territory, till } they voluntarily surrender it. 4. In the course of this invest'ga lion I shall not agree with the present Executiv e of the United States, in the construction which he gives to treaties, but shall be sustained by the uniform tenor of our negociations with the Indians, and legislation for them, i from the origin of our government to . the present day. 5. My discussions will not assume a party character at all; and when ever I speak of the President, or the Secretary of War, it shall always be by their official designation, and in a respectful manner. Though I think that the President has greatly mistak en his powers and his duty in regard to the Indians, I have no wish concern ing him, but that lie may be a wise and judicious ruler of oar grbwing re« public. The country is "ripe for the discus sion and impatient for it." We had ourselves been gathering materials for a series of articles on thin subject, but are glad that the matter has fall eft into better hands. We burn when we think of the wrongs which have been heaped upon the poor Indians.— 1 We hope that they will not attempt to avenge themselves, but there is One who will surely be their aveng er. Western Rcc.