Cherokee phoenix, and Indians' advocate. [volume], May 15, 1830, Image 3

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

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this nwetinj be published in the Co
lumbus Enquirer in order that the a
gent and chiefs of the Indians may be
apprised what will bo thb consequen
ces if their subjects follow thfeir for
mer practice.
WM. COOPER, Chairman
Edmund C. Beard, Clerk.
VExtract of a letter to the Editor, dated,
Washington City, April 2b, 1830.
I have it now in ray power to give
jjrou some news of a more dilinitive
character relative to our affairs, The
dohate in the Senate on the amend
ments offered to the Bill reported by
the Committee on Indian Affairs, by
the Hon. Senator from New Jersey,
has resulted in their rejection, by a
vote of 20 to 27. Although there was
nothing more contemplated by them,
than was solemnly stipulated in our
treaties. They could not meet the
approbation of the grave Senators sent
here to inete out justice to all parties,
—to 'render uqto Caesar the things
Which are Cassar's.' The Hon. Mr.
Sprague then ofTered another, which
in truth and substance was a simple
question put to the Senate, Will you
be governed towards the Indians by
the various Treaties made with them?
It was decided in the negative! The
Senator from New Jersey then pro
posed to amend the Bill by a proviso,
that until the Cherokees should cho&e
to remove, they should be protected
by the Government as Was stipulated
Vrt their treaties, and according to the
extent and meaning of those instru
ments when entered into—and pray
sir* what do you think was the result?
It was all which we asked from the
Government. It was all we expect
ed, and we hurrkbly prayed for that
protection, which injustice and good
faith we had a right to demand afid
cipect. But men and things have
materially changed. The "poor dcr
ils," as we are called by the "grave
and reverend senator" from Georgia,
were not worthy of protection, their
wolfaro and existence were a matter
of tfro small notice, for the amendment
was rejected by a vote of &0 to 27.
A regultr and systematical course
of policy has been pursued to cast us,
ui defiance of all that is just and sa
cred, upon the "tender mercies of
Georgia," that she may in the exer
cise of her 1/oasUd friendship, with
out interference, legislate us into ruin
and expulsion from the homes of our "
fathers and infancy. Although she
Erotests the use of force, it requires
ut an ordinary mind to foresee the
result of her unju&t and oppressive le
gislation, backed by Executive influ
ence and tlje treachery of the United
Stated; ( fOV treachery it surely must
be if all the solemn pledges made and
stipulated, were never intended to be
fulfilled. The proceedings of the
Senate, and th» 24th of April will
long be remembered by all just and
good men. The Cherokecs are a
people who, in the days of their
strength, we»o treatod as a Nation.
Go to Britairt and ask who they were?
and yon MM ftsceive for answer that,
"they were a distinct and sovereign
people and as such we treated with
them." Turn to the colony of Geor
gia and ask the satoe question, and her
Jiistory gives the samo reply. Then
■to the Great Washington and all his
successors down to the latest Chief
Magistrate, and their acts all prove
khe same thing. Ask of General Jack
son when the thunders of his cannon
were heard in the southern forests,
and he will say they are a nation, com
petent to contract with the Govern
ment, though President Jackson may
deny it and say they are the subjects of
Georgia. Whatever circumstances
m iy have grown up around them since
the year 1785, or 1817, the meaning
and force ol their treaty obligations
cannot be impaired. Though power
may declare they shall not be observ
ed^justice will not respond. And al
though these unfortunate people, who
left their homes and families, and
flocked to the standard of the brave
commander at Talledega, Horseshoe,
$. .. and nobly fought the battles of
Georgia, are now repaid with ingrati
tu»e and oppression, they are not yet
van.uished. Though the strength
and Krce of • dominant party is ar
rayed '/i opposition to all that they
wish to tnjoy as a free people, they
»re not frtuhtened, and until some
thing more puinttd than words and
high sounding epithets and denuncia
tions are presented, they will contin
ue to clinn to their homes of their
Justine
CHTCROKE
We Hud hoped and calculated upon
the wisdom and justice ol Congress,
but inon«> branch we' see already the
I'm3lilt and elleet of the declaration
made to us on the bill ol April lt>29.
In the other branch the Government
may.in some measure maintain its ex
alted character, by a course more
congenial to the principles ot their
own Constitution and the examples ol
great rulers. The generous course ol
policy pursued by Jefferson towards
these ill-fated beings will go down to
the latest posterity with increasing
lustre, and is now looked upon by
many as the best trait in the charac
ter and life of this great Statesman.
1 do not believe that the feelings of
the A erii an people will respond
to the proceedings of the Senate. I
do not believe that they will think our
treaties should thus be thrown aside,
and Georgia in defiance of so many
pledges, and all that is just, should
break down our humble Government,
and triumphantly mock our sutfer
ings.
Our next and last chance is before
the Supreme Court; and Until we
have its veto, let u? be tirin and un
shaken in our stand. Let not the
dark clouds which hover around our
political sun, cause us to despond,
and if it sets, I hope to see it rise n
gain, if not at Echota, not within the
limits of'the United States.
OONOE-BTS.
Senate.
Saturday, April 24.
REMOVAL OF IHE INOIANS
i'he bill to provide for an exchange
of lands with the Indians residing in ti
ny of the States or Territories, and
for their removal West of the river
Mississippi, was resumed in Commit
tee of the Whole.
Mr. WHITE concl ided his re
marks iii reply lo the Arguments of
gentlemen in opposition to the bill;
Mr. FRELINGHUYSEN made
some observations in explanation of
some parts of his former remarks,
which he thought had been misappre
hended by Mr. White.
The question on Mr. F's amend
ment was divided, & Hi st taken on add
ing to the bill the folio vying proviso:
Provided, always, That uhtil the
said tribes or nations shall choose to
remove, as by this net is contemplat
ed, they shall be protected in their
present and in the enjny-
Snont of all their rights of territory
and government, as heretofore exer
cised and enjoyed, from all interrup
tions and encroachments.
The proviso was rejected, by the
following vote:
YEAS—Messrs. Barnard, Barton,
Bell, Burnet, Chambers, Chase, Clay
ton, Foot, Frelinghuysen, (lolmvs,
Knight, Marks, Naudain, Robbins,
Ruggles, Seymour, Silsbec, Spraguc,
We'ister, Willuy—2o.
NAYS—Mess.9. Adams, Benton,
Bibb, Brown, Dickerson, Dudley,
Ellis, Forsyth, Grundy, . Hajqc, Hen
dricks, Iredell, Jbbnston, K;mfe, King,
Livingston, McKinley, McLean, No
ble, Rowan, Sarilord, Smith, bf S. C.
Tazewell, Troup, Tyler, White,
Woodbury—27.
The quostion was then taken on
the other proriso, which is as follows.*
And provided also, That before any
removal shall take place of any of the
said tribes or nations, and before any
exchange or exchanges of land be
made as aforesaid, that the rights of
any such tribes or nation in the pre
mises, shall be stipulated or sucured,
and guaranteed by treaty or treaties,
as heretofore made.
YEAS—Messrs Barton, Bell, Bur
net, Chambers, Chase, Clayton, Foot,
Frelinghuyscn, Holmes, Knight,
Marks, Naudain, Robbins, Buggies,
Seymour, Silsbee, Sprague, Webster,
Willejr—l9.
NAYS—Adams, Barnard, Benton,
Bibb, Brown, Dickoron, Dudley,
Ellis, Forsyth, Grundy, llayne, Hen
dricks, Iredell, Johnston, Kane, King,
Livingston, McKinley, McLean, No
ble, Rowan, Sauford, Smith of S. C.
Tazewell, Troup, Tyler, White,
Woodbury—2B.
Mr. Sprague then moved to add a
proviso in the following words:
Provided always. That until the said
tribes or nations shall choose to re
movers it by this act contemplated,
they shall be protected in their pre
sent possession, and in the enjoyment
of all their rights of territory and gov
ernment, as promised or guaranteed to
them by treaties with the United
States, according to the true intont
[und meaning of such treaties.
PIFOKXIX AIVB IXDIAXS'ADVOCATE.
Tiie amendment was negatived by
nnys, 20 (o 2't, tliji vote be
ing (lie same as on the first proviso.
Mr. FittiLINUHUYSEN next of
fered Me following proviso:
Provided always, That nothing here
in contained shall be so construed as
to authorize the departure from, or
non-oi>sei;vanee of, any treaty, com
pact, agreement, or stipulation here
tofore entered into and now subsisting
between the United States and the
Cherokee Indians.
This amendment was rejected by
yeas and nays, by the same vote, as the
preceding.
On motion by Mr. M'KINLEY, the
fourth section was amended, by adding
thereto the words following.
And upon the payment of such valua
tion, the improvements so valued and
paid for, shall pass to the United
States, and possession shall not after
wards be permitted to any of the
same tribe.
A verbal amendment in the fourth
section, proposed by Mr. SPRAUUE,
having been agreed to,
Mr. SANFORD moved to add the
following section:
Jlnd be it further enacted, That
where the lands in any State are held
by Indians, and such lands belong to
the State, subject to the claim of the
Indians, or the Stale or its guarantees
are entitled to purchase the Indian ti
tle, the President of the United States
may give and assign to any such Indi
ans, any suitable district or portions of
the land; described in the liAt section
of Ibis act, when any such Indians shall
choose to remove to and reside on the
western lauds, so as to be assigned to
them.
Mr. WOODBURY moved to add
thereto the following:
Provided, That no part of the ex
pense of extinguishing the titles, or
paying for the improvements of the
lands on the removal, or of the first
year's residence of the Indians, referr
ed to in this section, shall be borne by
the United States.
This was accepted by Mr. SAN
FORD, as a modification of |iis mo
tion; find the amendment was then re
jected by yeas and nays, 10 to 37, as
follows.
YEAS—Messrk, Barpard, Dudley,
Ellis, Forsyth, King, JVJ Riidey, M -
Loan, Marks, Sarifo'rd, VVhiLe-=—lo.
NAY H—Messrs, Adams, Hell, Beii
ton. Bibb, Brown, Burnet, Chambers,
Chase, Clayton, Dickerson, Foot,
Erclinghuysen, Grundy, Ilayne, Hen
dricks, liolutes, Iredell, Johnstou,
Kane, Knight, Livingston, Naudaiii,
Noble, Bobbins, Rowan, Rugglcs,
Seyßiour, Silsbre, Smith of S. C.
Sprague, Tazev.#l, Troiip, Tyler,
Webstar, Willey,Woodbury —37
On motion by Mr. FORSYTH,
the second section was amended, by
adding thereto the following:
Whiin the land claimed and occupi
ed by the Indians is owned by the
United Slates, or the United States
are bound to the State within which
it lies, to extinguish the Indian claim
thereto.
On motion by Mr. WHITE, the
blank in the eighth section was filled
with 500,000 dollars, and the bill re
ported to the enate with the amen.l.
irients, which, having been concurred
Mr. FRELINGHUYSIiN moved
further to amend the bill, by adding
the following proviso, vrhjch was re
jected:
Provided, That before any change
shall take place, the Presi
dent of the United States shall nom
inate, and, by and with the advice and
consent of the Senate, appoint three
suitable persons, and by them cause
the country to which it is proposed to
remove the Indians to lie Hil
ly explored, and a report made to the
President, and by hiin to Congress*
of the extent of good and arable lands
that can be obtained, and of the pro
portion of woodland in such country,
and of its adaptation to the objects of
this bill, and to the wants and habits
of the Indian nations.
The bill was then engrossed for a
third reading, by yeas and naes, as
follows:
YEAS—Messrs. Adams, Barnard,
Benton, Bibb, Brown, Dicker-son,
Dudley, Kllis, Forsyth, Grundy,
Hayne, Hendricks, Iredell, Johnston,
Kane, Livingston, M'Kinney, M'Lean,
Noble, Rowan, Sartfbrd, ,Smith of
S. C. Tazewell, Troup, Tyler,
White, ijWoodbury—2B.
NAY-8 —Messrs. Barton, Bell,
Burnet, Chambers, Chase, Clayton
Foot, Frelinghuysen, Holmes, Knight,
Marks, Robbins, Rubles,
Seymour, <Silsbee, Sprague, VVou
sters YV'illpy.— 19.
The filiate then adjourned.
The following fs a copy of tlie bill
providing lor (lie removal of the Indi
ans, as it was passed by the Senate to
a third reading?
Lie it enacted, That it shall
and may be lawful for the Prusident
of the United States to cause so much
of any territory belonging to the Unit
ed Slate West of the river Missisippi,
not included in any State, to wliiah
the Indian title has been extinguished,
as lie may judge necessary, to be di
vided into a suitable number of dis
tricts, for the reception of such tribes
or nations of Indians "as may choose to
exchange the lands where lliey now
reside, arid remove there; and to cause
each of said districts to be so describ
ed by natural or artificial arks as to
be easily distinguished froih every
other.
See. 2. Jhul be it further enacted,
That il shall and inaj be lawful for the
President to exchange any or oil of
such districts, so to be laid off and de
scribed, vvilh any tribe or nation of
Indians now residing within the limits
of any of the Stated pr Territories, and
with which the United States have
existing treaties, for the Whole or any
part or portion of the territory chtim
ed and occupied by such tribe or na
tion, within the bounds of any one or
more of the Slates Or Territories,
when the land claimed and occupied
by thp Indians is owned by (he United
States or the United States are bound
to the Stato within which it lies to ex
tingitish the Indian claim thereto.
Sec. 3. Jlnd be it Jurtlir enacted,
That, in the making of any such ex
change, otexchanges, it shall and may
be lawful for the President solemnly
to assure the tribe or nation with
which the exchange is made, that the
United States will forever secure and
guaranty to them, and their heirs or
successors, (he countly so exchanged
with them; and if they prefer It, that
the United States will cause a patent
or grant to be made and executed to
thein for the same: Provided, always,
That such lands shall revert to the
United States, if the Indians become
extinct, or abandon the same.
Sec. 4. And be xtfurlker enacted,
That if, any ol the lands now occupied
by the Indians, and to be exchanged
for, I here should be inch improve
ments as add value to the land claim
ed by any individual or individuals of
such tribes or nations, it shall nndiuay
be lawful for the President to cause
sucli value lobe ascertained by ap
pralsetnenl or otherwise, and to cause
such ascertained value to be paid to ihe
person or persons rightfully claiming
such improvements.
Sec. 5. Jlnd be il further enacted,
That upon the making of any such ex
change as is contemplated by this act,
it shall and may be lawful lor the
President to cause such aid and assist
ance to be furnished to the emigianls
as may be necessary and proper to en
able them to remove to, and settle in,
,tlie country for which they may have
exchanged; and, also to give them
such aid aud assistance as may be ne
cessary for their support and subsis
tence for the first year after iheir re
moval.
Sec. 6. And b; it further enacted,
That it shall and may be lawful for
the President to cause such tribe or
nation to be protected, at their new
residence, against an interruption or
disurbancn from any other tribe or
nationdf Indians, or from any other
person or persons whatever.
Sec. 7. And be it further enacted,
That it shall and may bo lawful for
the President to have the same super
intendence and carc over any tribe or
nation itj the country to which they
may remove, as conlMnplated by this
act, that he is now authorized to have
over them at their present places of
residence.
Sec. 8. Md be it jurthlr enacted,
That, for the purpose of giving effect
(o the provisions ol' this' act, the sum
of 500,000 dollars is hereby ajn»i-opri
ated, to be paid out of any ftioney in
thfe Treasury,not otherwise appropri
ated.