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CHEROKEE P'MCENIX, AND" mm AWS' ABVOCATE.
I'RINTKO UNDKII TI?R PATKONAOE, AND PoK Till! IUSNSWT OF TllJii OHfiROKIi*! NATION, AND UtVotflj .O" THE CAUSE OK INDIANN.—Ji. UODUiNOIT, (.1111(11, -11. XI. VHIHTK.U W* b'kl. i NY .INO. V. WHEELER, At *8 50 if paid in advance, #S in »ix tfnnthi, or $3 &0 if paid *t the end or the jl'eah 'i'o aulneriber* >*ho fin r "f] OII Vv 'J ln fsh irokee language till price will be #2,00 fli advance, or #2,&0 to be paid vvith;n the year. Kvnry subscription will bo considered continued uitles* subscriber* give notice to the contrary before the commencement ol u new year.uiid all arrearage* paid. \nr prrson procuring six subscribers, *nil becoming responsiblo forth# paymert, slutl recaive # seventh Rrsxti«> Advertisements will be inserted at seven" ty-flre cants per square for the Ijrst inwi' (ion, >m' thirl)-sevan and a lia.ll" cent* lor «(ae!i continuance; longcf onus in propor tion. letters addressed to the Editor post paid, will receive duo attention. Agents for tub cherokee PIKKNIX Tiii following persons are authorized to receive subucriptioni and payments for (lit Cherolecc Phu,nit. Messrs. I'r.iacK & William*, No. 30 Market Si. Ronton. Mmi, iisonar M. Tmcr, Agent of the A, B. C- F. M, ** rW y or l ( . 5 ttev. A. I). llotiv, C.inandaigua, N. Y» Tiiimas IJastinos, lJlira, N. Y. I'OLt.AMi Si CoNvru«»M Utfhmnnd, Vn. Rei* Jambs C\MtaieLT.i Beaufort, S. C. Wir.uiM Moultsiic Item, Charleston, fi (' Co'l. Or.onmt Smith, Stitasville, W. T. William M. Combs, Nashville, Ten- Rev. DnnsaT Robbt«, Piwal, Mi. AriTIL, Mobil", Ala. Rev. Ctbus ICmnsntrtv, IVt«yhew, Clioc taw Nation. C:i|it. William Robhiitsok, Augusta, Georgia. Col. Jamm Timik, Bellefonte, Ala. IJOTDXAWa. Kroin th« National Intolligoncer. WIIiSEIfT CRlll* IN TUB CONDITION OF Till: AMERICAN INDIAN*. NO. XXII. lii .a quotation, which nty Inst num f>nr contained, from a decision of the Supreme Court of the United State*, it ii laid, "That tliu Indian right of possession Ins never bceu auei liuiKiJ;" and that "it l>a* never been Contended, tlmt their title amounted to nothing." This decision was pro nounced in 1823. Since that time, the politicians of Georgia have stren uously contended, that the Indian ti tle amounts to nothing. In a deport of the Joint Committee of the Legislature, of Georgia, which was approved by the Senato of that Stato, December 27, 1827, are found such passages us the following: The Committee say, that Euro peans "asserted successfully the right of occupying such parts" of A -111 eric a "as each discovered, and thereby they established their iq> j>rcmo c'minind over it." Again: "It may he contended, with tnurh plausibility, that there is, in these claims, more of force than of Justice; hut they are claims, which have been recognized and admitted, by the whole civilized world; and it is unquestionably true, that, under inch circumstances, force becomes right." Tho Committee suppose that "ev ery foot of land in the United .States is held by the same title, i The Committee say, that it is eon ten led. thai, by tho compact of 1802, "a onii'leration was contemplated to hn paid by the United States to tho Indians, for their relinquishment of this title; and therefore it was of such character as was entitled to respect, j NSW 3GOHOTA, WEDNESDAY .FEBRUARY 3, 1330. MMB—MpwilMMMMWiW MBIi.ss——w—mm and as cmilil not ho taken from the unless by their consent." The com uiitlee ntltl, "But we tiro of a diil'ei cut opinion." "Before Georgia became a party U the articles of agreement and cession, [the compact of IMOi,J she could rightfully have possessed herself ol those lands, cither by negotiation witli the Indians, or by force', and she hail determined, in one of the two ways, to do so: but by this contract she made it the duty of the United States to sustain the expense of obtaining for her the possession, provided it could i lie done upon reasonable terms, and by negotiation; hut in case it should bo necessary to resort to furce, this contract with the United States makes no provision; the consequence is, that Georgia is left untrammelled, and at full liberty to prosecute her rights in that point of view, accord* ing to her own discretion, and B| though no such contract had be<>n made." Tlio Committee give it as their o pinion, "That the right of soil and sovereignty was perfect in Great Britain: that the possessions of the In dians was permissive; that they were mere tenants at will; and that such tenancy might have been determined at any moment, either by negotiation or force, at tlio pleasure of Great Britain." The words printed in itnllios are thus distinguished hy the Commit tee. It might lio difficult to 101 l which is most remarkable., the reasoning or (lie morality of these extracts, The Committee argue, that, as there is no provision in the compart of ISOJ, hy virtue of which I lie United Slates are nounlj to use force upon the Indians, it follows that Georgia litis a right to apply force, whenever she pleases. This is one specimen of the logic. Again: to most people it would seem to be a weight in the remark, that as the Indians were ev idently to receive a eonnideralion for their I mils, they must have a title which should command respect, f'.ul no; in view of this statement the com mittee come to a different couclution. Here is another specimen. The morality of the doctrine incul cated hy the Georgia legislature may ho SumcNiiitly understood hy the broad positions, that diseoveiy gave absolute title to European*, that the title of the original inhabitants was permissive; that it was a mere tenan cy at will (wh)cli is no title at all;) that the discoverer might determine theteniHiey at awj moment, by nego tiation or force; nnd that, as all Eu ropean governments are alleged to lie agreed in these principles, "force be* coma right." The inhabitants of North America might therefore have been rightfully driven into the ocean, '•«/ any mo ment," . When the discoverer* should have been Willing nnd able thus to drive them. It is to he inferred, thai Cortes and I'izarro were only execut ing the lawful commands of the king of Spain, when they were taking pos session of Mexico and Peru, which, according tu this doctrine,rightfullyho longed to him; though, in doing so, they were under the unpleasant necessity of murdering the original inhabitants. The couimittee arc cutjrcly mistaken in point of fact, when thoy say, thot "every foot of land in the U, States is held" by such a title nshas been de scribed: that is, a title in the Euro pean sovereign, which on the moment of discovery, supplanted and subvert ed all the rights of The natives tu the lands, on which they were born, nnd of wliieh they were in full possession. It may be tiuly said, that there is not, within the limits of the United States, as fixed hy the peace of 17H3, n single foot of land held, ns against the original inhabitants, by the title of discovery alone. Incomparably the largest portion of the territory, with in the above mentioned limits, bus been purchased of the Indians. Sonic * I null portions have been conquered; f in original own ira having been nearly .terminated in war, or driven from their I,mils hy a superior force, or compelled to cede them, as 1 lie price .»f a pacification. lint in nil these cases, tile wars had iome origin, than an attempt to enforce the title of dis covery. The politicians of Georgia are requested to produce n single in stance, after the settlement of the Anglo-American colonies commenced, of any English sovereign, or any col onial governor, or any colonial legisla ture, or any State legislature anterior Inthe treaty of the Indian Spring in 1825, having assumed the right of taking forcible possession of Indian co'ini• v, at any moment, hy virtue of the tit I'/ of discovery, and without li ny regard to what the Supreme Court has called '"the just and legal claim" of the natives to retain possession of their country. The exclusive right of crlingui,tiling the Indian title, or what has usually boon called the right pPjireemption, is totally a different I thing from this nil-absorbing and over-' whelming right of discovery, on which i Georgia now insists. If n single in-! stance of such an assumption can be' produced, let it he brought forward, j Let us contemplate the circum stances in which it originated, and ex- ( amine itl claims to respect. Thous ands of instances can ho adduced, on I lie other hand, of I made by eirtiv i anfN from Kurope, ami i\ rulers of cv( ry grade, fr« in 'lie highest In llic lowest; - :n• kno vledge ■lU'llls which ' 11 1 111 il l ell t 111- perf"Cl rijhl of I lie I iitl i:■ ns In the pen'-raMr possession (if tlii'ir country, bo Inn;; ;is they chose )o •«in it. I!iil il ill I In- gov eiuuients i'l i'.u rope lind, during tne tlfrce lust ccuTu liei, In-11l Iho doctrine noiv so warm ly espoused by Georgia, how utterly vain would lie cvrry attempt to de fend it, or to innko it npi'ear otlior wi»e tlmn tyrannical, cruel mid abom innblc. Nut nil the monarch* of Ku rope, nor nil the writers on tho laws of na I ions. nor till the power mid nil sophistry initio world, could niter its character, or convineo mi honest, ('.un did, uud intelligent mini, that it is en titled to the loast respect. W hat is the doctrine, so necessary to the present claims of Gtorgin? It is noi tln r more nor less tlinn the assump tion. that the circumstance of an En glish vessel having sailed along the American const from capo 11 allei;hs to the hay of I'undy, its Iho case might ho, gave I lie English King an absolute and perfect title, not only to the coast hut to all Iho interior; nud that he might therefore empower any of hit subject* to take forcible pos session of (he country, to the imme diate exclufion and destruction of the original inhabitants. In the 1 istory of the slave-trade, wo have n perfect exhibition of the total inefficiency of human law to sanc tion what is flagitiously immoral; es pecially after the eyes of mankind arc fixed upon it. For more than two hundred years, tfio principal powers of Europe legalized the slave trade. TIIO jadicinl tribunals of all countries sustained it by their deci sions. It was universally established and assented to. Hut u; nil right? The voice of the world has pronou.nc ed its irrevocable sentence. It is now piracy, and to luivo been recent ly connected with it is indelible inf'i iiiv But is it more dourly wrong to take Africans from their native land, I linn it is to make slaves of the (Jlinr iikees upon Iheir imtirr. luntl'f or. on penalty of tlielr being enslaved, driv ing them into exile? It may be supposed, that this is too strong n representation of the case; that it would be iio very serious ca lamity to tlio Cherokees, if ihey were to come under the laws of Georgia. One would think, however, that the spirit of the Report, from which quo* , tations have been made must bo an indication of what is to be ixpccted from Geugia, in the way of tyilemat* in legislation on tliis subject. Ono law has already been enacted, wnh lilt* direct view of extending the jurisdiction of Georgia ovcc the Cher okee*. It was approved December 20, IS2B, and dcierves a particular consideration. | The first five sections dividw llint part of the Cherokee country, which falls within tlifi chartered limits of Georgia, into live portions, (Winching each one of these port ions to o con tiguous county of The sixth sectioncxlciuls the InwsdfGeor gia over while residents withio the limits above mentioned; and the seventh declines, that, alter June, I, ItWO, till Indians "residing in said territory, and within any one of (lie counties S3 aforesaid, shali b« liable aud lubjoct lo 5U] h laws ami rcjj'vlo lions, as ihn legislature may hereaf ter prescribe." Soe. 8. "That nil laws, visages, and customs, made, established, and in force, in the said vonilory, by the said Cherokee Indians, be, and Hie same arc hereby, on mid after the ! lii M day of June, IHJO, declined null' and void. j 0. "Tliut no Indian, or descendant I of Indian, residing within the Crock j or Cherokee notions of Indians, shall be deemed n competent witness, or n |>i«rly to any suit, in any court created by tho constitution or laws of this stale to which awhite man may bo a party." Under the administration of this law, a while man might rob or mur dei n Cherokeo, in (lie presence of mSny Indians, and descendants of In dians; and yel the oflbnen could not be proved. Thnt crimes of Ibis ma lignant character would bo ccmmit leil is by no means improbable; but lusnults, abuses, and vexations, of a far inferior stamp, would render the the servitude of tho Cbeiokces intol erable. ' The plan of Georgia is; as explained by her Senate, to seize five sixths of the territory in question, and distribute it among her cilize.in. If a Cherokee head of a family choos es to remain, bo may possi'oly hnve bis house and a little far.n assigned to him. This is the m.ist favorable «up position. Itiit his rights aie not ac knowledged. Vie does not keep tin: land because it bis own. but receives it us a boon from Georgia lie will be surrounded by live white neighbors, Those settlers will not be from the more <ober, temperate, and orderly citizens of Georgia, but from the idle, tin. dissolute, the quar relsome. Many of then; will bate Indians, and take every opportunity of insulting and abusing them. If llio collie of a Cherokee are driven away in his presence; if bis fences are thrown down ami bis crops destroyed: if bis children are beaten, and his do mestic sanctuary invaded; —whatever outrage and whatever Injury be may eipoiionco, be eunnot even seek a legirl remedy. Hp can neither be a Itfrty, nor a witness. Ilo has no friend, who cum he beard in bis he ball'. Not an individual can bo found, who has any interest in seeing justice done him, & n bo at the same tiine lias any power to serve him. Even the slaves of his new neighbors are de tended by the self-interest of their mnsteis. lint be In a not even this consolation, lie is exposed to the greatest evils of slavery, without any of its alleviations, livery body is let loose upon him; und it is neither the interest, nor the inclination, nor the olficial duly, of the white settlers to defend him. Every body may de stroy bis property; but no body is bound to keep him from starving, when his property is gone. Ilmv lone | rouhl h Cherokee live under such treatment as this. Accustomed from his birth to feel ings of entire equality ami independ ence, he would find himself, at « sin gle stroke, smittten to the earth, and Jherc held till manac les of n most degrading vassalage were fastened , upon him. As soon as the net of (jourgia legislation is sprung over him, lio is equaly nuii instantly ex posed to public persecution and pri vute indignity. 11«j I'ecls himself to >ic 11 vagabond, oven while standing; upon the very acres, which his uvvti hands have laboriously subdued and •illed,— an outlaw, in tin.' house, which he hits erected and made c. in (oil ;ih!y lor himself, and which, t.. « while in tin, would be o caille,—a trespasser, Cor innocently tieiuliir, (he soil el' his 11 itt ive forest.---an intruder, for drinking tho*|>uio wnlor of his nti« live springs, or biealliing tlieuirof his ntilive mountain!,- —n atrnnger among his neighbors,— nn alien, on the spot \vhofe lit' was born. W It" nro 1 lie Itumnii being*, thus suddenly brought into so deplorable 11 object a fonditioh? Arc they C'aflYee* and IJottehtoli, skulking il i oiifrli (lie woods, in it state of nudi ty, »»r eovererd only by a few shred* of tattered sheepskin? Are lltry run nway sla"»s, pursued by the volt u'cnnce ofeMispfrr.tcd innslers? An* I bey Isbmaeliles, wnylnying the path of inoffensive trnvellois, and llteiV hands reeking with the blood of re> Cent murders? Arc Ibov b;.i«,-!?. -if rtif< | ~ ■ • ■ • ' J "I'lllli' "II I 1I|V I lions, collected from (ho worst . mong the discharged tenant* t>f | ! penitentiaries? Ilnvt? tliev IliVi.clij , our settlements, diiven i<(f the iiilm* I hitants, find established themselves , in nn unrighteous poscefsioii, of whieli ' l'ley ore now about lo he liventodf,' , Wlml is their charades, What is (heir . crime, (lint theih Inrid* a re Jo be divide' f ml, mid their persons nhJ fnniilles id . lie put hey mid t lie protection of tliO law. J If Hiny are CnffrM, or HoltentoU, they should ho dcult with Kindly; mid should liti compassionated in their ig norance nnd dnqrndatlon. If gome of jthcin were Ishmnrlit.es nrid ronego jdoo*, (hoy should be tried in n regu* l"i' manner. The innocent blimilr}" not he punished with the ptiilty, , I'lio guilty should not he pnniehpfl i without atrial; nnd neither the inno cent nor tho guilty, should he deliver ed bver to private ninliee. i How Would an intelligent foreigner, ii (aortnnn, « Fronohinun, or 1111 Eng lishman, lie astonished to lenrn, (lint tho Cherokee* nre neither savages, nor criminal*; thnt they linve novnr encroached upon the lands of other* I lint their only offence consists in thd possession of I nnd 1, which their neigh bors covet; —thnt they oropenconhlo agriculturalists, better clollmd, fed, and housed, than many of (lie pe.iaot 1 ry, In most civilizod eountriei; —thai (liny liuvo luitnined dtpioinntie rein lions \y|th the whiles, nt different pe* riods, from Ihe.first settlement of Ihe contiguous territory by thnt these relations have ripened into a flrin nnd lasting pe. re, which has not been broken by n single net of hos tility for forty years: that the pence, thus cemented is the subject d' nil" morons treaties, the bases of which are, a sovereignty of the Cherokee*, limited, in certain respects, by ex preis stipulations, nnd 0 guaranty, oil tho part of tho United States, of pro ■ taction nud inviolate territorial limits t thnt these treaties have been the foun dation of numerous legal enactments j for the protection of 1 lie weaker par ty, whose title has been pi'onounccdf by the highest tribunal iu our country, to be worthy of the respect ofnll •joints, till it be legitimately extin guished;—tlrat (lie Cherokee* era not charged with bavin:; broken their engagement*, or done any thing to for feit tho guaranty, which lliey had re< eeived a* tho indispmsaMt* condition Of their grnntg.to the United Stntes;-*. [ that they have always been called brothers and children by the I'resi* deftt of the United Stnic*, and by aH J other public functionaries; speal intf in tho name of the country;—thnl they have been encouraged and aided, in rising to a stoto of civilization, by our national government, and benevo lent associations of individuals;—ihift one grout motive, uri'icnted to thei# rao. 4fi.