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CHEKOItEE PIMEWIX, AND INDIANS' ABVOCATEv
"|MU>nTt> UNDER TUB PATRONAGE. ASii F6tt THE BENEM* OF Tilt CIIEROKKM NATION". AND DEVOID TO THE CAUSE OF INDIAN,i.-t:. I>OtJmNUTi, i^iTOH. VOL. 11. pRIKTRD W F.I KI.Y BY J NO. P. WHEELER, Vt #2 50 if paid in advance, #9 in six teanths or #3 oO if paid at the end of the /To subscribers who can readonly, % Tjfi -roUee language ,!l - l"' irc u ' rll !??,* jn advance, or $2,50 to be pai l within the year. iw v Kvery subscription will be considered as continued unless subscribers give_notice to \he contrary before the commencement o| a new year,and all arrearage* paid. \ny person procuring six subscribers, and becoming responsible (or the piyincnt, 'shall receive a seventh grWis. , Advertisements will he inserted at seven ly-live* cents per square lot the lirst inser (lo:l, am' thirty-seven ami a hall cents (01 cadi continuance; longer ones irt propor tion, ~ j,3».V1l letters addressed to the F.ilito,i osl paid, will receive due attention. AGENTS FOII THE CHEROKEE PFKE-MV, The follrtwln* persons arc authorized to Veceive subscriptions and payments for tlie diergkec I'ha-ndx. Mmsi's. Pr.mcic &- Williams, No. 20 Market St. fiostoii, Mis*. t;r.onaE M. Tracy, -Vgcit of the A. D. C. F. M. New Tork. Itsv. A. I). Eddy, Canaridaisua, N. Y. Thomas Hastings, Utica, N. Y. Pollard ft Co.ivKßSF.'i Richmond, V a. Rsv. James Campbell, Beaufort, S. C. William Mwi.riiiu ltf.ru, Charleston, s c. Col. George Smith, Statesville, W. T. .leikmiah Austil, Mobile, Ala. Rev. Citrus KingsuurV, Maj licw, Choc* taw Nation. Capt. William Robertson, Augusta, Georgia. Col. Jvmf.s Turk, Bellefonte', Ala. IWEZAiJiJ. MEMORIAL. To the Senate and House of Representa tives of the United, SlulM in Cofi rrress ilssemljled. The memorial of Citizens of Mas sachusetts, residing in all parti of lint Commonwealth, convened by pub- j lie notice, and afterwards by adjourn- ( incnt, in the Hall of ibe House of, Representatives in lioston, reSpect- j fully represents; _ i That your Memorialists feel im pelled, by tho most solemn arid weigh ty considerations, to address the Na tional Legislature, on a subject <>l "eneral interest, which sccnlS likely to affect the ebaricter of our coun try and its government, not Only du ring the present generation, but through all future time. We refer to the claims of the Cherokee Indlpiis, and of other Indian nations in a Simi lar condition, and to the guaranty, which these nations have received from the government 6f the United States. . , Your Memorialists perceive, tttat the interposition of citizens remote from the Indian territory is a subject Of complaint. It niust be obvious, however, that the people, in c\Qvf bait of the Union, may properly feel Erriat s(licitudi respecting the prerf rvatioi of our national character, ,th(f performance of the duties of justice and humanity to the weak and defenceless tribes upon our borders. These are topics of general concern, 'and should be. wholly separated frorri questions of local intereit, and over charging political parfies. We stand on the broad ground of principle; and tvdiild act from an unbiassed regard to the national welfare and the happi ness of mankind; disclaiming all inten tion of interfering with matters, which do not properly belong to us, and all prejudiced against the rights or interest of oriy State, or State!, in the Union- NEW BOHOTiI, WEDNESDAY AFRZL 7, 183©. The territory of . the foiir soulh- Vvestern tribes of Indians lies within what arc called (lie chartered limits of Georgia, Alabama, Mississippi, Tennessee, and North Carolina. The portion in the ViYo last ftnYfied, is small. For the feake of distinctness, and to avoid unnecessary prolixity, your Memorialists would ask the at tention of Congress to the case of the Cherokces especially; though the same principles, with immaterial va riations, will apply to other Indian communities. The Cheroktte nation of Indian's is a distinct community yet remaining of tljc numerous original inhabitants of this continent. At the fu st settler mentor ri>o Southern States, these natives wera found in possession of the land?, which they now occupy. We need not here agitato the qjes lI6IV Whether civilizeiVnien may ap propriate to ll'iem'selves a newly dis covered country, Unoccupied except hj the occasional visits oI Migratory hunters. It doj.s not appear that the Cl|erol(pc» were fcver initiatory peo ple. They doubtless made excur sions for the purpose of hunting; but they always had a home, and that home, froih time immemorial, has 'been the same which they now pos sess. From their own country they excluded all persons but themselves, lu this situation were they found by the lirst settlers of Georgia- The immemorial occupancy, winch has been thus briefly described, gives the as your Memorialists conceive, a perfect right to a contin ued occupancy of their eddntay, so long as they please. In other word*, it iJ a perfect title, and the best of title's, to their country, involving botlji the right of continued occupancy and 1 of self government. Though the claim, as a consequence IT discovery by European*, were much stronger niul clearer than it is, still the aiiertion of such a claim must be precluded, whenever t!io discoverers shall have agreed upon a line of deinarkation between them-j selves and the original inhabitants, i Such a lino was in fact agreed upon, ( between the first settlers of Georgia, and the natives; and from that 1110- j rtierit the whites were bound not to trespaj'S upon the territory beyond the line. During the half century that elaps ed between the settlement of Geor | gia, & the peace of l*S3, l.lio colony jof Georgia, with the consent and ap probation of the English government, I entered into successive treaties, with the Creeka and CherokeeS, in all : which negotiation*, tli,.i whites and] the IndianS were regarded as equally ! free mid independent, The most : common subjects of tliese treaties, were the purchase of land, the estab- S lishuient of limits, the .reparation of i injuries committed in open war, and | the restoration bf prisoners captured Iby previous hostilities. In all these ! transactions, Hie Indians were called nations. Their government, veSted in chiefs, was considered a® being le gitimate, and as always In existence; and their territorial tights were ex pressly and solemnly recognized. At the ctote of the revolutionary war, Gedrgia, as an independent State, entered into new'treaties with the Creeks and Cherokees. liV which tenitorial limits were again fixed; and the fixing of SUcli limits seem? to your Memorialists art admission, that each patty had no claint to land, tlliis left in the possession of tho other. In the year IW>, the Confederated States of North America made a trea ty tvilh the Cherokees, agreeing up on the national limits, exchanging tjie prisoners of war, providing for the apprehension and punishment of criminals anil making inch other ar -1 rangonients, as are usual in tre-ities of peace, between nations of Europe, j It is* a faei worthy of notice, that in this lirst treaty between the U nited Stales, aid the Cherokees, (ho latter arb not only called, and coit- sidei'ed as being, u nation", but they actually exercise every one of the powers, which we had cnOimenUed, in the declaration of independence, as the highest Attributes ol national sovereignly. fjy the federal the treaty making power was vested in the ('resident and Senate ol the Uni ted Stales, and (he 'Several Slates were inhibited from exercising it.— Soon after the constitution went into operation, the first President of the United States with the aid of his ve ry able cabinet, & with the Sanction of a Senate, more than one third of whose members were members ol the Conven ti ii that formed the Constitution, laid the lonization of our present, relations with the Indians. In no part Ol hifc administration are the proofs ol his wisdom and clreurhspecliou m:>*e ap parent. "* The , liftlian communities, residing within tile limits of the peace of 1783, were implicitly admitted lo be distinct communities, and the ter ritory of the Indians iva'i described jii "belonging to iliikl," and as not be ing under the jurisdiction of the legis lative or judicial functions of the Uni ted Slates. The Indians placed themselves under the protection ol the United States, and became de pendent allies They consented thai the-United States should regulate their trade, and engaged that tli'eV would not make treaties with for eigti powejs, nor with separate Slates of the Union, »or with individuals ol any State. Thpy celled a portion of their territory, a'nd received a com pensation for i't. AH these grants, on tli'e pari of t,he Indians, were mani festly for llietr own advantage, as well as for the advantage of tho Uni ted Slates; and they \erc doubtless urged to make them, and did make them, from considerations of mutual benefit. The United Slates, on their ! part, solemnly guaranteed to the In dian nations all their lauds, not ceded by the same instruments; and engaged to punish whites, who should disturb the peace of the Indians. All nnimos j ilies were to cease, and, in the lan j guage of the treaties, these compacts were to be executed, all good I faith and sincerity." , The treaties were in fact tli'u'3 ex ecuted, by both parlies, and formed the rule of intercourse, between the Uriilfcit States and the Cherokees, during nearly forty year's, without a single Set of hostility, or bad neigh borhood, iiavi'llg been authorized by feith'cr party. On the part of the United States,; a law was enacted contemporaneous ly, so as to he, in effect, part 61 (he same transaction —a law t<i regulate intercourse with the Indian tribes, by wliich heavy penalties were iiiflictbd upon inlrujers, a.;d rigorous meas ures were authorized to drive them front the Indian territory. This act of legislation shows, that the plan ol bur relations with the Indians was thoroughly understood by all deparl inenls of the government; and that S disposition was cherished, all oi) hands, to execute treaties with good faith. It hn§ been said, (hat barbarians are not capable of making a treaty. Hut an illulUious orator, from our own State, lliiity five frlenrs ago, ex pressed himself 011 Ihc floor ot Con gress, in the Following manlier. "I see nO exception to tlie respect (hat is paid ailto»g nations to tlib law bf good faith. If there are cases, in the enlightened period, when it is vio lated, there arc none when it is de cried. It is (he philosophy of politic *, the religion of governments. , It is ob served by barbarians. A whiff ot (o liaccb-smoke, or a siring ot beads, give* not merely binding force, but o sanctity to treaties. Even the Al giers. a truce may be bought for mo ney; lint, when ratified, even Algiers are 100 wise, or too just, to disown or annul its obligation. I bus wo see, neither the ignorance of savages, nor the pritlbiplcl of tin association for pi- racy and rapine, permit a nuiion to despise its engagements." Your iVlemorialislfc, iO pursuing this investigation, find a renewal ol the guaranty to the Cherokees, made sei en years a'fler it was iirtl given; and in this renewal) the guaranty js de clared to bo "foreverwhieh was üb vioiisly the nreani'ng, In the Insl in stance l)i the progress of numerous subsequent negotiations, lifts Chero i k<eefc yielded to the United Stales tlie free navigation ol the liveis in the Cherokee nation; and made several specific grants of roads through tlieii o'oumry, as the progress ol while |-op ulalion led the Presidents ol the Uni ted Slates to suli;it theSc privi leges . In the late treaty between the U* 'lilted States and the Cherokees,—-a j compact which was negotiated at; Washington, eleven years ago, it is stipulated, that the provisions of the inletc'oiirse law, which wos made for | We protection of the Indians general ly, shall be continued lor the socuri ty of tho Cherokee's; and thus the, provisions of the intercourse law be came, in fact, a pail of the trea-; 13V tli'e same compact, a permanent trdiool fund is created, the annual in come of which is to he expended in diffusing the benefits of educalio'n u iilOi g ihe Cherokee nation east of the Mississippi; that is, amoivg the Cln.-r --oke.es, maintaining their national cha racter, in their present residence.— Numerous stipulations, iound iVi all the treaties, imply the sovereignty ol the Cherokee natVon, ex-wept so far as that sovereignty was qualilicd by a voluntary acceptance ol the offer ol ; protection, and the regulation ol trade on the part of the 'niled States These stipulations are all perfectly 'consistent witli each other; anil your Memorialists find uolhing, which has the appearance of bringing the Cher okees under the laws of the Uniltd Slates, or of abandoning I hem to the laws ol the several Stalfek. On the contrary, a national government al ways in existence, an inviolable terri tory, etui a pelpetual gUtir'akity, moot the eye every where, without any thing flf <lll opposite description, ei ther expressed or implied. Your Memorulists do therefore humbly conceive, that the United Slates are bound to the Cherokees, by r.s plain and positive as language U capable of expressing., to defend Uicin in thp possession of their cbutMry afe a nati'on, fthtl in life free exercise of their own laws and customs, till they ihnll voluntarily consent to change the' existing reltt tioits of the parties. YouV Memorialists WbtilU further slate to your honorable body, that tbfc Cherokees, thus standing on tlisir ori ginal and perfect tide, and thus forti fied by treaties, were urged by suc cessive Presidents ot the United States to betake themselves to a eiV ilized.life and to industrious habits, with tiie solemn as&utanee, that they should remain perinaiicntly on the land of their fathers, and should find in the whites good neighbors, who t,Vould rejoice in tlieir prosperity.— 'i'liey allege, that they received let ters of this import from President Washington and President JeflerSon; and that the agents of the tjnitcd States, residing ninong thfcm, invaria bly ttyadc similar declarations, 'l'lie assertions of Ihe President of the Ta nked States, whom they were taught tii call their father, were always re ceived by them as the decisions of (hp goVernliient; and doubtless (he solemn assurance of (he chief magis tral of (his coun'.ry, ilia'de in his of ficial character lo an ignorant people not versed in diplomacy, should not be invalidated, except for the most urgent and satisfactory reasons. Your Memorialists are aware, that the Indians are urged to remove be yond the Mississippi from a regard Ito their own benefit, and with n view Ito their future prosperity. Rut the. question of right should be Ifusi Wt tlt.il. II this can be clearly ascer tained, it should bo firmly es tablished. The suggestions of friend* ship should cOijie afterwards, If (hp G'herokees have a perfect right to ro maiii where they now arc, as long as they please, mid to claim the protection of the United States gainst encroachments from every quarter, they should ho told so, in a linil and decisive lone; and the Uni* tod Slat* s should honorably retjccitj rtieir numerous and solemn pledges. 11' the Government, in n spirit' of sincere.kindness nrd friendship, should advise the Cherokecs to remove, let the Lherokees weigh the advice, anil decide upon it, as they think best v: The question should be freely decided by them, and uot by strangers. Cui us li.it question of supposed benevolence does in (act. sway (lie winds cl some, so thai liny cannot fairly look ;il the questim of rights your Memorialist feel bound to s-iy, ibatlhey have st:eu no reasons, vvliiclt satisfy them, that (lie reinoval of (he Cheiokoei would be ior ibeir bene* lit. 1: (lie country west of the terrilc"; ry of Arkansas is correctly described by Major Long, an nuiborized ajjenr oi the government., it is uninhabitable, Oilier travellers decline, (hat it it nearly nil a boundless prairie and iles'» iilul'e of mining w. ter din ing a part of every year. The portion which ie wooded, is extremely small, and .would furnish a comfortable residence lur only .i part oi the soutlmestcrij tribes. There is reason <o rppo» bend, therelore, that Ihe renirvnt ol' these tribes, in a body, wculd plunge (hem into a condition of %-re«t distress, and (ft) them an iit-rj-amble injury. If it tho'uld be admitted, ti nt (lift whole country is go'od, and capable of high cuilivwtion, as sumo of the ad vocates ol ri'ini.val assert, the land will soon br#»nic nn object of much greater to the" Whiles, iliaii the present territory of (be ('hci*)- kees ever can l«c. 'I hey are ahtaUjr retired within the mountains, at. thd head waters of rivers, in 'mos? sc* eluded spot in nil the southern part of our country. If they should be coni finued in their riyht of continued oc cupancy, the highest .uthoritiee of our nation, lliat right will be re spected by all Iheir neighbors; antj their titl'e w ill be more secure, thac any title which cah be given Ih'cjii lc a new country. Thele is every reason to believe, that Vvilhin a quarter ol" a century from the present ,diiy, the pressure of population upon the frontiers of any leservalioii of gocd land, near the western liihits of Missouri, AtlnnsasJ ;.Vd Lousiana, will be much greater than it w ill be, at the same period, on the frontiers, of the present Chero kee country. The cost of transporta tion is now less, as your Memorialists are Informed, from New Orleans to the western limits of the Arkansas territory;—that is, to the. borders of the new country intended for the In dians, — than il is from Augusta, Knox villi:, or Nashville, to the Cherokee tb'r'ritory, which is the subject of thb present controversy. Whenever the western prairies shall be habitable at all, they will bo thronged with a more dense population, (hail the moun tainous region near the north west corner of Georgia will ever be capa ble,of sustaining. The. idea of removing Indians so far tluit iliey will not be followed by whites, or that good land possessed by them will not be an object of desire to whites, seems to your top visionary to require 6crious Atten tion. IVc believe there is ho place within the territorial limits of our iuw lion, where Indians can be protectee! in their possessions, unless the strong barrier of law can be interposed be tween tlieni and their neighbors It would seem impossible to assign them hny plaCO, where lliey will not stand NO. 51.