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(ItEKUKEE PHOENIX, AND INMANS’ ADVOCATE,
—» ■ ■ —— ———— ' J - • ■ 1 ■■ 1 r1 *' ■ : — — - - ■*—< * -‘-r^ •
PRINTED"'UNDER THE PATRONAGE, AND FOR THE BENEFIT OF THE CHEROKEE NATION, AND DEVOTED TO THE CAUSE OF 1ND1ANS.*mE, BOUDlACTT, EDITOR,
■ I . ri ■ 1 ■■ - - .i.-a'feBg-i , ■ Vi . - ~ I
VOL. XX.
HEW EOHOTA, WEDNESDAY SEPTEMBER 23,1829.
4
OH*
rnix»P WRit*Ly tft
JOHN F. WHEELER,
At $2 50 if paid in advance, $3 in six
onths, or $3 50 if paid at the end of the
ear.
To subscribers who can real only, the
hirokee language the price will be 82,00
i advance, or 82,50 to be paid within the
rear.
Every subscription will be considered as
ontinued unless subscribers give notice to
lie-contrary before the commencement of a
ew year,and all arrearages paid.
Any person procuring six subscribers,
id becoming responsible for the payment,
iaU receive a seventh gratis.
Advertisements will be inserted at seven-
-live cem iier square fcrlhe ftet M*
ion, an? thirty-seven and.? .half -cents for
ac-h continuance*, longer, ones in propor-,
ion* i. r
tc3*AU letters addressed to the Edito& ,
losipaid
| sion of it, so far as history and tradi
tion go back. The nations of Europe
are comparatively of recent origin;
the commencement of ours is lost in
remote aijtiquity.”
What pan be said to such a state
ment as this? Who can argue so plain
a case?
It has been said, indeed, that the
savage of the wildeniess.can acquire
S ' ‘e to the forests through which*
Mites his game, Without ad-
giuis doctrine,. it- Is sufficient to
reply '
to the
l
»wy s
VOAVEmU ,TAAr» JIitfBA.*'I-4o?lCL
VO Jit j,hVhJLAy KTJl D$P O’OJBJt
4^.1 TGEZ TEJWHF*
*r<vz f tp Ttso-A tb kt
»?4 O’SJBA W*I. DMAiJEZ TB yiV
jjeJAitivAa, oy^T dap o»pjb4 i?4aa.
pwyz o’aR aiiC5hA«s»y, wp«v* • D*q
iMAX T«ffe TEJUO-J™ DO"
jaawm. ktjiz d#p eAy** o>3*tr
VAR DOJ^i-aa.
are. qt preye'nt«a: . , _ ...
hunicr|. It does uof appear that they
V ever were mere
wanderers, without
ously by the MUsissi
more directly to the?
and the Atlantic, lhe ; .
retain less then 8,00
quality far below
of what they
claims 5,000,0
nant, as falling v
.State. Alabama
000 of the
which, in ; the general
fall to Tennessee and "
's§en| hurdly worthf ■$
iv and others
ilf of Mexico
lerokces now
acres, of a
fage quality
Georgia
this rem
ap of that
ly i,000,-
iic portions
vision, will
rth Carotin
AGENTS FOR THE C
THCEN1X.
The following persons are authorized t&
teceive subscriptions and payments for tjie
jBkcrokce Phoenix. 1
* Messrs. Peirce &. Williams, No. 30
"ttlrkStf St. Boeton, Mass.
i Oionei M. Tract, Agent of the A, B.
e, F. M. New York.
Rev. A. D. Eddy, Canandaigua, N. Y.
, Thomas Hastings, Utica, N.-^f. 4
Pollard &• Converse, Richmond, Va.
Ttevl James Campbell, Bianfort^S. C.
• ’ .William Moultrie Reid, Charleston,
’S. c.
Col. Georoe Smith, Statesville,afe T.
William M. Combs," Nashville, ren.
Rev. Bennet Roberts, Powal, Me.
Mr. Taos. R. Gold, (an itinerant Gen
tleman.) V
. j.Ieremiaii AnsTiv/, Mobile, ATa.
Rev. Gyrus Kingsbury, Mayhew, Choc 1 -'
•taw Nit:<*,».
Capt. William Robertson,
Georgia. : V
Col James Turk, Bellefonte, Ala.
INDA0S.
Fxom th'e National Intelligencer.
Present crisis in the condition of
THE AMERICAN INDIANS,-—NO. II.
In my first number I prepaid tji.e
Way to inquire what right have the
'Cherokee* to the lands which they open-
jnj? This is a plain question, and ea
sily answered.
The Cherokees are huma'n beings,
endowed by their Creator with the
sartie natural rights as other men.—
"extended country. ^Thqy were then
. in the habit of cultivating some land
hear their houses, \vnWq they pi ^till
ed Indian corn, and other vegetables.
k .From about,the commencement of
p thb present cirntury, they have ap
plied themselves more and root'a toj
agriculture,,till they now derive.tlifeir*
support from the soil, as truly and en
tirely as do the inhabitants of Pennsyl
vania or Virginia. For many VWrs
they have liad their herds, and their
large cultivated fieijris. They now
have,' in addition, their schools, a regu
lar civil government, and^placesJof
regular Christian worship. They
earn their bread by.the labor of their
own hands, applied to the tillage of
their own farms: and they clothe
themselves with fabrics made at their
own looms, from cotton grown in their
own fields.,
The Cherokees did not show .them
selves unwilling to sell their lands, so
long as an adequate motive was {pre
sented to their minds. During every
administration of our national Govern
ment, applications were made to
them for the purpose of obtaining ad
ditional portions of their territory.-—
These applications were urged, iiot
only, nor principally, by the conside
ration of the money or presents which
they were to receive in exchange, but
often, and stronglyV by the considera
tion that they would become an agri
cultural people, like the whites—that
it was for their Interest to have jthtuf
limits circumscribed, so that their
young men £ould not have a great ex-*
teat of country to hunt ip; and that,
j when they became attached to.the
i soil, and engaged in its cultivation,
the United States would not ask them
to sell any more land. Yielding to
these arguments, and tp the importu
nities of the whites, (he Cherokees
sold, at different times, between the
close of the revolutionary war and the
They are in peaceable possession of tf j year i8>0, more thpn three-quarters.
ivliiuh (Iidv ImvA altVitVft rift* 1
territory* which they have always re
Warded as their own. This territory
was in possession of their ancestors,
ihrougli art unknown series of genera
tions^ arid has come down to them with
A title absolutely unincumbered in every
respect. It is not. pretended, that the
Cherokees have ever alienated their
ountry, Dr that the whites havepyer
x yean in possession of it. If the Cmer-
^’-sei are interrogated as to their ti-
, they can truly say, “God j*ave
I country to our ancestors. We
re pevei 1 been in bondage to ahy
n. : Tbbugh we h.ave sold much
nj to cur white neighbors, we have
nev«r bought any from lbem- We
own tbs land which we now .occupy,
by the right of the original possessors;
a. right which is allowed ip aU coun
tries to be 'M incontestable validity.
Wo claim theNfore, that no human
power can properly compel us to leave
our lands.*: ,
If the Cherokees are correct in their
statement pti jraots, who c M j resist
their Conclusion? We might ai well
ask the 1 Chinese, what right V&y h»’e
to the territory which they 1 occupy.—
To such a question they Woitld aiyhyer,
4 ‘God gave this land to our ancestors
of their original inheritance. That
the reader may have some definite
idea of the territory in question, he
should pursue the following delinea
tion by the aid of a good map:
It would seem that the Cherokees
possessed land withiri the following
limits, if not bqyond them, viz.* From
the mouth t>f Duck River, in Tenues**
see, on tlio West, to the waters ©f
fVejicli Broad, in North Carolina, tn
the Bast; and from the head waters
of the .Holston, in Virr/nta, on the
North, to some distaace down the O-
conec, in Georgia, On the South; com-
y-art ^ Kentucky, the Southwest cor
ne? of Virginia, a considerable portion
of both the Carolinas, a large portion
of Georgia, and the Northern part <Jf
Alabama. This tract,profiably cod
tained .more Ulan 85,000,000 acres;
of which a large proportion is ex-
freinCly fertile, and some of it not-in
ferior to any land in North America,
or perhaps ,in the world-; The coun
try is alSo generally healthy, ai>d the
climate .^deligbitluU Of fill (liis vast
and beautiful tract,' watered by nu-
mereug rivers, which find their Way
for, if the other pi^i|hs are given up,
or taken by force, there will be no
motive.jfpr retaining,these.
To evi ry application made for their
lands within the last ten years, the
Cherokees have said, “Wc are not
disposed to sell tiny more. Wc have
betaken ourselves to an agricultural
life: We are making progress in
feivilization. We aro attached to our
sedrools'imd our.ChvfsJian teachers, to
ouVfrfVms, to our native rivers and
hibiintainsi Wei have; not too much
land for our o\vn comfort, and for af-
fordib^tis a fair chance in,the experi-
ihent we nfe making,” This language
Iffis beeii repeated in many forms, and
with every indication of sincerity and
eanjestnessr , %. ;
The assertS|aS^f %e Cherokees,
that thoir pre«E < oiJntiy is not too
large* for; aperinient in the
work of plvjilization, is undoubtedly
correct. The wisest irten,'w.jio have
thought and written on this subject,
fuiree in the opinion, that'no tribe, of
Indians con-rise to real civili/ration,
and to the full enjoyment of Christian
soeiely, tmless*they can have a com
munity of their own; and enh be oo
much separated from the wli tes, as 1
to form and cherish something of a
National characler. If the limits of
the Cherokee country wferp much
smaller than the^ are, this would be
impracticable. ,
Thus stands the case; arid it is now
my intention to inquire ’how the Go
vernment of the United Slates has're-
garded the Indian title, and hoiv it
has been regarded, by the several
Slates in the vicinity of the Chero
kees.
Before this inquiry is qipniraenced,
however. *il is proper to say, that the
title of one party cannot be safely de
cided by the mere claims of another
party. If those claims arfe founded
injustice, they ought to prevail; if
not, they should bo set aside. ’ Now
whatever (jof.trines the Government
bf the United States may bate belli
and 'promulgated on tliis subjecl, they
cannot he finding: upon the Indians,
unless acknowledge by them to be
.binding,or linlfcta founded in the immu
table principles of justice.
Let us suppose the Kings of Great
Britaiii had issued ah annual proclama
tion, froth the time oil the discovery
of America between 3U & 60deg. north
latitude, aqd declaring that all the
nations, tribes, and communities, then
residing on said lands, Were subject
to the laws of Great Britain, and that
the title to *U these lands was vested
in, and of right belonged to, the crown
of that realm; and let us further, sup
pose, that the Government of the Unit
ed States had issued ah annual procla
mation, from the date of the declara
tion of independence to the present
day, applying the same doctrine to
our advantage,,and declaring, tfiat all
the Indian nations wijliin the limits
prescribed by the peaefe of 1783, were
SJahject to the laws. Of tl)0 United
States, and that-the Ipnds, of which
they were ih possession, belonged of
right to the United States. Sp lqng
as the Indians did not acknowledge the
binding nature of these claims* the
mere claims, wpnfd have amounted to
nothing. It. practice of the
King of EnglaoJ#''during several cen
turies, Af) 4eeta>e?hiinself, (as often
a*.')ie issqed a,proclamation on any sub-
f King of Great Britain,
France ami Irelawl. Wits ,he there
fore King of France? What if he
were now to declare himself King of
It would
uiring about^tude. The Powers *ef Europe have
ue a cheap way, indeed, of acquiring
R title, if merely setting up a claim
would answer the purposp. .
By wBp right do the People of the
United Slates hold the lands which
they occupy? The. Ppoplc of Ohio,
for instance, or of Connecticut? By
the right of occupancy only, commenc
ed by purchase from the aboriginal
possessors, V^It would be folly td plead
the charters of Kings, or the more
of lines of latitude and lonm-
■feA..ir*r
NO. 26.
indeed acknowledged our right to our
country. But what if they had not?
Our right is not at all affected by their,
claims, or acknowledgments. The
same doctrine is applicable to the
condition of the -Cherokees. They
havl a perfect ngfit to their country,
—the right of pqiiceable, continued,
Immemorial occupancy;—and although
tHeir country may be claimed by oth
ers, it snny lawfully be held by the
possessors against all the world.
The Chcr.okees need not fear, how
ever, that their rights are in daijger,
as a consequence of any prjiiciples
sanctioned by the National Legisla
ture of the United States., The co*
ordinate branches of our Government
have not j et declared, that Indians
are tenants at will. On tho other
hand, the whole history Of our negotia
tions with them, from the peace of
P763 to the last treaty to wvhich they
are a party, and of all our legislation
concerning them, shows, that they are
regarded as a separate community
from ours, having a national existence,
and possessing.a territory, which they
are to hold in full possession, till they
voluntarily surrender it. ,
t how proceed to the examination
of treaties, between the United States
and the Cherokee nation. And here
1 would apprize the reader, that the
case can never be fairly and fully un
derstood, without a reference to eve
ry material article, in every treaty
which has. been made between these
parties. Unless such a reference is
iiad, no reader can be sure that he has
a view of the whole grofftkl; and
caviller might ^object, that there had
been omissions, in order to conceal a
part pf tho case. This is a subject,
too,'which the People of the United
States must have patience to investi
gate. ‘When measures are in progress,
which have a bearing on the perma
nent rights and interests of all the In
dians, Jt must not be thought tedious
tb read an abstract of the solemn en
gagements, by which we have become
bound to mie of these aboriginal na
tions.
In 1 the revolutionary contest, the
Cherokees took part with the King of
Great Britain, under whose protec
tion (hey then considered themselves,
just as they now consider themselves
under the protection of the United
States. Ajfter the peace pf 1783, it
docsjiot ap^cairthat any definite ar
rangement tvns made with'this tribte
till the year 1785. In the course of
that year, the did Cone:rp ss appointed
four Coinriiissioners Plenipotentiary,
men of distinction at the south, to
meet tho head aien and warriors ofthe
Cherokees, and negotiate a treaty of
peace.
The patties njet at Hopewell, now
in York District, S. C.j and, on the
29th of November, executed an in
strument, which is usually eited as
the treaty of Hopewell. The
Straptfcof Ibis instrument, with some
remarks Upon if, Will be given In, my
next number. .'0 ;v ■, A: \b. ■
WILLIAM PENN.
fact,,the robbery of a nation., be*
cause they happen to be Red Men,-b
and the avowed purpose of driving ai
whole People from their lands and
their homes, and from the blessings of
civilization and Christianity, into a
wilderness, because the State of
Georgia wishes to posses*their Ter
ritory., Gan this be done by a Chris
tian republic, without drawing down
the ciu se of heaven,upon the oppress
or? Can American patriots see thiX
dong*, without hiding their faces ip
shame and ignominy? Can Christian
men witness the execution of this un
equalled crime and not lift up their
Yotces in one tone of indignant re*
proof?
The fpllowing short, history will enl
able the readfet td ‘discern the. infa
mous injustice and oppression here
referred to. In 1732,‘ James .Ogle
A)ur nation ha* ttfwtys been ia posses- _ to the wean* tome of th«m circuUr Great Britain and China?
* a ’ i
Prom the Christian Mirfor ,
& THE CHEROKEES.
The conduct of Georgia towards
tho Cherokees ought to call forth the
language of keen indignation and
strong remonstrance from every part
of the United States. Silence in this
case should be reckoned infamy, for
it would be fceguiescencq in the most
flagrant iqjusUcd Rhd ebormous op
pression. h is not a solitary instance
of private wrongs but it is, in sober
oppression
},' James OgW
thorpe commenced the settlement of
Georgia with the king’s charter, au-»
thorizing him to occupy the y.ninhpbiU
ed lands.,. The ground, for {ho city o|
Savannah iva3 obt^iried of. the Indians!
by ti.caty; he ^mo , ‘‘tq > 8ettlc|^i / bna
them for their benefit and instrmtitMi**
In 1773 the Cherokee IndianS ced^n $
portion of their country to the Gedrgi*
ans; they ceded another portion ,.by 4
treaty of peace, in 1783 By, snot he t
treaty iii 1785,-tr}hjp treaty Hojier
well between, thd ,United Stated ana
the Cherokee^,—tii? bpundarifis of th$
Indian Territory were defined; Urn
Cherokees acknowledged themselves
to be under the protection ofthe Unit*
ed States, and expressed their full
confidence in thp justiCe of lUe
States respecting tlieir interests,—
Under, the Constitution of the United
States the treaty of Holstein was mado
with the Cherokees July 2d, 1791, of
which the following is Article 7th,
“The United States solfmnlt
GUARANTEE TO THE ClIEROKEE NA*
TION AI L THEIR LANDS NOT HEREBY
CEDED.”
“ijfRT. 14. That the Cherokee na
tion irlay fie led to a greater degreei
of civilization; oild to become herds
men and cultivators, instead of remain
ing in a state of hunters, the U. S*,
will from time to time furnish gratu
itously the said .nation with useful im- r
plements of Jitisb^ndry, &c,” ,
Thus it appears, that the tliilted
Stales are most solemnly pledged to
maintain the Cherokees in possession
of all their lands not ceded. No sub
sequent agreement, therefore, be
tween tbe U- S. and Georgia can ft:f*
feet the rights ofthe Cherokees or
absolve the U. S. from their, own
treaty of Holstein in. 1791. Let us
see what agreement was made in A-
pril 24, 1802. Georgia having ced
ed the sovereignty nqd their rights as
to the lands in question tb the united
States for $1,250,000 the United
States agreed, “at their own expense,
to extinguish, for the pse of Georgia,
as early cs the same can be peaceably
obtained ©n reasonable terms, tbe In
dian title to all the lands within the
state of Georgia.”
Thus all the rights of Georgia Were
transferred to the United States. In
accordance with the benevolent spir*
it .bf our goyeynmet an Act was pass
ed by the United States, March 1,’
1793, authorizing tide President to
furnish the Indians “with useful do*
me^tic animals and implements of kltii
bandrys
But soon this prospect of civiliziiig
the Cherokees alarmed the Georgians,
lest they should be fixed to their owrf
Mil, which no p’ower on earth had any
right to compel them to sell, although
the United States hhd bound itself to
Georgia conditionally to buy, i. e, as
early, as it could be obtained on rea
sonable teiraa. The Cherokees re
fusing to Sell on nny terms, of course
the United States are bound to do no
thing; or if Georgia has any claim, it
can be only a claim tt? cclnpoji»nth>j|
or damages from tlio United Slates.
The Cherokees are ^ in tho
pussessioa tf their lands by the faith,
of our Government.
In this stato of things the Geor^
W
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