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CHEROKEE PHOENIX ANDtNDIA^S* ADVOCATE. m !MA&1 fc sa». Is it not, that the party protected is to have all its rights secure, not only against others but against the protec tor also? If some rights are yielded as the price of protection, is it not that other rights may be preserved with the greater care and certainty? •It is said that the United .States were to have the sole and exclusive tight of regulating trade with the Chcr- okees. True; but this was expressly declared to be^for the benefit of.the Indians, and to save them from injus tice and oppression. These lauda ble objects were gabled to a consider able extent; and if the laws of the United States on this subject had been always carried into full execution, the condition of the Indians would have been rapidly improved, as a conse quence of this very stipulation. It is said that the lands of the In dians arc called *lhcir ll hunting grounds',and that they could not, therefore, have a permanent interest in the lands thus described. But how docs this appear? The treaty has no limitation of time, nor is there the slightest intimation that it was to be come weaker by the lapse of years. As the Indians gained their principal support by hunting, it was natural to designate their country by the phrase •‘hunting grounds,” & this is as good a designation, in regard to the validity of a title, as any other phrase that could be chosen. It contains the idea of property, and has superadded the idea of constant use. But to put the matter beyond all question at once, let me refer to two treaties made at the same place, by three out Of four of the same Ameri can Commissioners, witlrin six weeks bf the date of the Cherokee treaty. In both these documents, “lauds” are allotted to the Choctaws and ChickaMwS “to live and hunt on.” These lands were secured to tho In dians, then, so long as any of the race survived upon earth. Having been occupied some time, in considering the indication of supe riority, let us look a little at the proofs of equality. I leave to a fu ture occasion some remarks upon the words treaty, peace, contracting parlies, &c: which carry with them sundry moSt important significations. The two first articles are strictly reciprocal. Each party is torestore prisoners of war. The articles would be proper, mutaiis mutandis, in a trea ty between France and England. The Gth and 7th articles provide, that crimes committed against indiv iduals of one party, by individuals of the other, shall be punished, in the same manner. The 8th article has the remarkable provision, that no retaliatory measures shall be adopted by either party,. «»* less this^lreaty shall be violated, and e- ven then, before such measures can be adopted, justice must have been demanded by the complaining party and refused by the other, and declaration oj hostilities” must have been made. Thus it is admitted, as well as in the two articles, that the Cherokces have the same right to de clare war, as other Powers of the earth have. To declare war and make pence arc enumerated, in our own declaration of independence, as among the highest attributes of nation al sovereignty. The present doctrine is, that the Indians were regarded, as a non-de- script tenants at will, enjoying by permission some imperfect privilege of hunting on grounds which really be longed to the United States.. But whoever heard of tenants at will be ing solemnly admitted to have the right of declaring war upon their land lords? These tenants were also strangely allowed to possess the right of punishing, according to their pleas ure, any of their landlords who*hould “attempt to settle” upon any lands, which, it is now contended, were then the absolute property of said landlords. But I shall have other oc casion pf bringing this interpretation to the test. After the treaty of Hopewell white settlers pushed forward into ' the wilderness in the neighborhood of the Indian; difficulties arose; blood was shed; war was declared; the new settlements in that quarter were in a . state of grea't alarm and anxiety In the meantime, the new consti tutiou-had gope into operation. The treaty-making power, which had been exercised by the Old Congress, was now confided to the President and Senate of the United States. Gen - Washington, who always pursued magnanimous policy with tho Indians as Well as other nations, took the proper measures to establish a peace. On the 2d of July, 1791, the treaty of Holston was made; and it was af terwards ratified by President Wash ington and the Senate. The title is in these wordBi “A treaty of peace and friendship, made and concluded between the President of the United States of A- merica', on the part and behalf of the States, and the undersigned Chiefs and Warriors, of the Cherokee nation, on the part and behalf of the said no tion/’ PREAMBLE. “The parties being desirous of es tablishing permanent peace and friend ship between the United States and the said Cherokee nation, and the citizens and members thereof, and to remove the causes of war by ascer taining their limits, and making other necessary, just, and friendly arrange ments: the President of the United States by William Blount, Governor of the Territory of the United States South of the River Ohio, and Super intendent of Indian Affairs for the Southern District, who is vested with full powers for these purposes, by and with tho advice and consent of the Senate of the United States; ami the Cherokee nation, by the undersigned Chiefs and Warriors representing the nation, have agreed to the following articles, namely:” I have thought it best to cite the whole title and preamble, that the reader may see in what manner the parties to this instrument saw fit to describe themselves; or, more prop erly, in what manner the Plenipoten tiary of the United States, with the President and Senate, saw fit to de scribe these parties; for it will not be pretended that the Cherokces. reduced the treaty to writing. This is the second treaty, which was made wiA Indians, by the Government of the U- nited States, after the adoption of the Federal Constitution. The first was made with the Creek nation; and was executed at New York, August 7th, 1790, by Henry Knox, then Secreta ry of War, as the Commissioner of ,tlie United States, and twenty-four Creek Chiefs, in behalf of their nation. In comparing these two treaties, it is found, that the litle and preamble of the Cherokee treaty are an exact transcript from the other, except that; “Cherokee” is /inserted instead of “Greek,” and the word “Kings,” before “chiefs and warriors,” is o- mitted, as are the \Vords “of Indians,” after the words “Creek Nation,” in the title. All the principal articles of the two treaties are also mulatis mutandis, the same in substance, and expressed by the sanle phraseology.— As Governor Blotmt made the Cher okee treaty after tho model of the Creek treaty, there can be little doubt that he was directed to do so, by the head of the War Department. It is morally certain, that the Creek trea ty was drawn up not only with great care, but with the concentrated wis dom of a cabinet, which is universally admitted, I believe, to have been the ablest and the wisest, which onr na tion as yet enjoyed. General Wash ington was at its head,—always a cautious man, and eminently so in lay ing the new foundations of our union, and entering into new relations. This treaty was made under his own eye, at the seat of , Government, and wit nessed by distinguished men, some of whom added their official stations to their names. The two first witness es were “Richard Morris, Chief Justice of the State of New York,” and “Richard Varrick, Mayor qf the City of New York.” Theso treaties were, in due Sea son, ratified by the Senate of the Uni ted States, at that time composed ; of men distinguished for their ability.— Among them was Oliver Ellsworth, afterwards Chief Justice of the Uni ted States; William Patterson, after wards an eminent judge, of the Su preme Court of the United States; Rufus King, afterwards for many years Minister of the United States at, the British Court; and William Samuel Johnson, who did not leave behind him in'America a man of equal learning in the Civil Law and the Law of Nij^gns. These four Individ uals, and six other Senators, had been members of the- Convention, which formed the Federal Constitution, though Mr. Ellsworth did not sign that instrument, having been called a- way before, it was completed. He was a most efficient member however, in the various preparatory discussions; and did much in procuring the adop tion Of the constitution, by the State which he had represented. The reader may fairly conclude, that the document in question is not a jumble of words, thrown together without meaning, having no object, and easily explained away, as a pom pous nullity. On the contrary, it was composed with great care, exe cuted with uncommon solemnity, and doubtless ratified with ample consid eration. It has, therefore, a solid basis; and a substantial meaning.— That meaning shall be considered in a future number. ..••• ™ WILLIAM From the Connecticut Observer. That our forefathers purchased the lands of the Indians, that they thought thcmsclvc obliged, in conscience to do it, because the Ihdians owned the land, and that they gave a fair price, are points as well ‘settled as almost any in the early history of our coun try. 1. Thty purchased the landi of the Indians.—Mather says, “That the English did not claim one foot of ground in the country, till they had fairly purchased it of the natives.” Neale says; “None of the Ehglish were suffered to take an acre of land from the natives Without giving them satisfaction for it.” Trutnbull says that the planters of Connecticut, “purchased Of the respective Sach ems atid their Indians, all the lauds which they settled excepting the towns of New Londoh, Groton, and Stonington, which were consid ered as the peculiar Seat of the Pe- quot nation,” and consequently, as. properly falling to the English by the right of Conquest. “Indeed, says he, Connecticut planters generally made repeated purchases of the land.” On this point we might add the testimo ny of Hutchinson—but is -is unneces sary. 2. Our forefathers thought themselves obliged in conscience, to purchase the lands of the Indians, at a fair price, be cause they were the proper owners of the land. “Our conscientious forefath ers” never supposed “they had as good a right to occupy the soil of A- merica, os the natives.” This is matter of record. Belknap says, “Some of the scattered planters in the Bay of Massachusetts, being de sirous of making a settlement in the neighborhood of Piscataqua, and fol lowing the example of those at Ply mouth, who had purchased their lands of the Indians, wliic\\ they conscientious ly thought necessary to give them a just title, procured a general meeting of the Indians.” &c. Hutchinson says “The country to which they them selves had removed, was claimed by independent princes. They therefore looked upon themselves obliged, and ac cordingly, as appeared by their records, actually had pttrchased, for valuable considerations,' hot only the toil, but the dominion, the lordship and sovereignly of those princes.”—Again: “The first settlers of Massachusetts and Ply mouth, were not content with this, (the plea that a small number of fain ilics laid claim to a greater part of the globe than they were capable of improvingbut made conscience of paying the natives to their satisfac tion, for all parts ortho country which were not depopulated or deserted, and left without a-efaim.” There is no such a tiling as mistaking this testimony. If it is true, it decides the point at once. 3. Our forejothers gave the Indians a fair price for their lands. This is shown by the authorities quoted a- hove. We will add thp testimony of Trumbull. “In purchasing the lands and making settlements, in a wilder ness, the first planters of Connecticut expeuded great estates. It has been the opinion of the best judges', who have had the most perfect acquaint ance with the ancient affairs of the Colony, that .many of the adventurers expended more, in making settlements in Connecticut, than all tTie lauds and buildings' were worth, after all the improvements which they had made upon them.” He further states that “This was the general opinion among men of extensive knowledge,, in Mass achusetts as well as Connecticut.— Governor Hutchinson, in a manuscript which he wrote against the Stamp Act, observed, that land in New En gland, at the time of its settlement, was of no value.” The first settlers did much for the Indians, besides direct payment for the lands. “They suf fered them to erect wigwams and to live on the very laild% which they had purchased of them; and to cut their firewood ou Uieir unincloscd lands, for more than a Century after the settle ments began.” But We must take all the. circumstances of the case in to view, before we cart judge correct ly of tl\e value of the lands, and what would b*h a fair price. Money was offar greater value than it is now— there was much uncertainty whether the investment would not be utterly lost, as it would have been, had the settlement roiscamed-cXpensivc wars were almost certain, before they could be secure in thoir possessions— and thp prospect that the population would become so dense as to give in creased value to the lands, was very remhte. When cur Goverrtment pur chase lands of the Indians, far on ward towards the setting sun, it ip t now certain that the population Will 6oon reach them. Not so when our fathers made their contracts for the Indian lauds'. Yet compare what they gave, in these circumstances, with the price given by our Government for Indian lands, & it will appear that weneed not resort to the questionable principle of “Mayhew,” in defending their character. In the year 1821, the Government of the United States, had obtained from the Indians, 192,- 000,000 acres. The average price per acre, if we have calculated cor rectly, is just about one cent and a half. For 7,638,400 acres from the Choctaws, the Government paid, if we dtinot mistake, about two cents and a half per acre! For* 50,269,- 440 acres bought of the Great and Little Osages, or ceded by them in 1818, H permanent annuity is paid by the United States, of $1500, making abbut half a mill per acre. The Kickapoos, “/or many millions of some of the best land in the United Slates,” —part of it lying on the Wabash— receive an anriuity of #2000.—Yet, notwithstanding this low price* we think it has more than once been stated that it wOhld have been better for the country, so far as dollars and cents are concerned, had the money paid for the lands been putout at inter est. At a time when there seems to he a disposition in a part of our country men to oppress the Indians, and to get hold of their lauds, it is peculiarly desirable that the deeds of our fore fathers, should not, through misrepre sentation, be made to authorize what they most heartily disapproved. REMOVAL OF THE INDIANS. On this question the Indians must decide for themselves: and if they choose advice from their white friends, that advice ought to be given with a knowledge of the cir cumstances of their situation. We do not profess to be qualified to ans wer the question. So far, however, as we have formed an opinion, it is decidedly in favor of their remaining where they are. The considerations which havo been urged to induce them to remove, appear to us, to have very little weight. The argu ment of the Secretary of War, that they will ,have a better title to the country beyond the Mississippi because the tJnited Slates will guar antee it, must to a Cherokee appear supremely ridiculous. ‘What title,’ he may justly ask, ‘cap be better than that of qccupancy, time immem orial, end of vvbat avail will be the guarantee of the United States, they make so light of the guarantees solemnly and repeatedly given of the country which we now occupy?’ Equally idle is the reason so often urged, that they must remove in oi der to get rid of troublesome heigh bori, that if they 1 remain where tlie^ arc, the whites will steal their cattle and intrude upon their grounds. To this the Cherojcee may well say ‘If it is once known that the Indian will leave his lands and abandon his cqyn try because he has troublesome iteigli hors, huw long will it be before he Will have troublesome neighbors the country beyond the Mississip . and where on earth can he go, and rid of troublesome neighbors.’ In addition to the want of force the arguments which are urged for the removal of the Cherokees, there are many substantial reasons for their re taining in the country which they now occupy. It is the country of their ancestors,—they are strongly attack cd to it—they have maffe man^ im provements in it; they have enclosed farms, and cultivated them, built houses,.shops and nulls, they are hd vancing rapidly in population, the arts, learning, mortis and religion, and are altogether a thriving and prosperous people. If t hey remain‘ftvhere they are, there seems totbe tio reason to doubt that they will be highly respec table and happy—but if they remove/ . —every thing, to say the Idnst, is put at hazard—we can hardly conceive it possible that their situation In any re spect can be improved,while we readi- lyseehow in many ways it maybe made, worse, and that they run the risk of losing all the advantages which they now possess.—JV*. F. Obs. RIGHTS OF THF INDIANS. This day we commence publishing a series of / Essays, signed Williamr y* Penn, oh the claims'of our red breth-'^ reh to justice and good faith from opr government-/ The subject is import tant, and wc hope the constituted a* gents for the transaction of business with the Indians, or in relation to . them, will conduct their agency on • honorable principles. Should any rule of proceeding* be agreed on* which we should be .pshawed to offer to Great Britain as dishonorable, a’ reproach must attach tortile officer by whom or by whose authority such a proposition may be made. Let the rule of holy writ, which all agree is a good one, “As ye would that mert , should do to you, do ye even so to them,” govern all our intercourse.. , with these tribes, and our nation will be respected for its equal justice.— But if a scheme of mere speculatfoiiSt/ * e our pourse, our policy^ )e urged against, us by anotbdr u^tion witlv whom weW , may hereafter he treating, and tlie blush of shame for our coifduct may* confound us. But what' is of ill" finitely more consequence than air v this, is, that He who judgetli among . the nations, and who abhors the op pressor, will be offended; and in his ./ providence he may say to us, “Th© jjfc measure (hat ye mete to others shall • be mhasured tb you again.” . Christian' fVatchmim,. From the Arkansas Gazette. CIRCULAR. Cherokee Jlgency, Jl. TV August 25th, 1829.. Sir—Bv the annexed copy of « General Order from the War De- * pnrtment, you will perceive what " is requisite to entitle you to a re$i^ dence within the" limits of the Cherp- ** kee Nation. That you may aypiq, * what it prohibits, and (J? w'h'ateye£% enjoins, I have deemed It my dirty make it known to you; aud a IQ Respectfully, Your ob,t servairt.“ t*? E. W. <k VAL, U. S. Jigtnt, fyc*. [COPY] DEPARTMENT OF WAR, Oefice Indian Affairs, 17</i February 1829. Sir—The excitement which ob.-r tains so ofteu in the Indian Country, and the opposition which is felt te-ex-t, ist against the Government policy r and : often the inflamed and jealous feclfogS 1 of tho Indians against tho Agents and the Officers of Government, which i& fatal in its effects upon the Govern ment policy, are, there is good reason for believing, owing, in great part, to* the presence . and conduct of those/^ white men who, for various causes, have gone from the States into tl*# The evil of their presence is felt t.Q , such a degree, as to make it uecepjjla^r ry for the Executive to take steps, with a view to correct it. 1 In regard, fir$t, to the right of these S ersons to establish their homes in the ndian County, they have none, a- f act front the acquiescence of the ndipns themselves. But, secondly, as the Guardian of the Indians, the# Executive will not permit an evil, so far as can be remedied, to exist a- mong them. These persons being an evil, especially to the Indians; therefore the determination of the Executive to relieve them of it. You are, by order of the Secreta.- ry of Whr, enjoined, therefore— Fxw—To allow no white person to enter and settle on the Indian lands, within yofir Agency who shall not* on entering, present to you approved testimonials of his good character 'for industry, honesty, and sobriety; nor tlvenV without the consent of the In dians. Secondly—If, after permission is given,- unqfer Such testimonials, tho por&on or persons, to whom it is giv en, shall beoome lazy, dishonest, in temperate, setting vicious examples before the Indians, in any way excit* , log them against each other, or is*-