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*9 psmej^sx, and inuians’ adyOcATPIS* PRINTED UNDER THE PATRONAGE, AND FOR THE BENEFIT OF THE CHEROKEE JSATION, AND DEVOTED TO TIIE CAUSE OF INDIAN: .—L. liOl'IJtRCTT, iDi’Itlv, vo*. ii. mrar huuota., wtaimssbuiir 4, ijk9. jftifts. £‘J* Mtftn* • rtBEMurja^-T PRINTED WEEKLY BY JOHiV F. WHEELER, ^ At $2 50 if paid in advance, $3 in six 'months, or S3 50 if'paid at the end of the year. I’o subscribers who can read only the -<Jh ■ okee language the price will be '#2,00 ih advance, or S’2,50 to be paid within the year. • Every subscription will be considered as ’■Continued unless subscribers give notice to itfhe contrary before the cominence.uent of a now year,and'all arrearages paid. j Any person procuring six subscribers, J*nd becoming responsible fortho payment, Asha11 receive a seventh gratis. Advertisements will be inserted at seven ty-live cents per square for the first inser tion, an thirty-seven and a half cents for each continuance; longer ones in propor tion. tcy^All letters addressed to the Editor> .post paid, will receive due attention. & 'V y S&AUfrA AD Ii S i JECiS .1. J?eAT,Xo5a TAAr» U«r iK4o?a- RS.1E JHiOhHoSy KTA D^P CPOJJM TGTZ TEjab-lP DOJA^f-di.,1. icrz VUV TCSO-A TB DeJAobh-rtJ, KT JD?-T O'GJB.l t-4<®.I. D»U/5kiEZ TH y.V jjei.5o*K<R>.i, c»yA!|u|p cpg.jb.i K4oi>.i. if'vyz, G-o.it .ihOh.i«y. wp*v* i)»si .G'QJ.n.i m».i vsjiuf, T<rz T".3o-<r» do* KT.1Z D?'- Octyw jWJIJ DOJ,$ofcIn£i.l. aAGENTS FOH THE. CHEROKEE riKENEX. The fo’lcwi.ng persons av< a . ‘.hmizedl to .Receive subscriptions and payments for the ■mi levokce Pho nix. Messrs. PmncF. Sc WilliASis, No. 20 .Ma. .cet St. Boston, Mass. Ugorge M. Tit .icy, Agent bttlie A. B. *0. K. M. New York. Her. A. D. Eddt, Canandaigua, N. Y. Thomas Hastings, Utica, N. Y. Pollard & ^Converse, Richmond, Va. *cv. James Campbell, Bi aufort, S. C. William MouLTniE Reid, Charleston, JB. Cv . Col. George Smith, Statesville, W. T. William M. Combs, Nashville, Ten. Rpv,'Bennet Roberts, Powal, Me. i Mr. Tiros. R. Gold, (an itinerant Gen- vtlORisn.) ITerEMiah Austil, Mobile, Ala. ft v. Cyrus Kingsbury, Mayhew, Choc- Haw Nation. Capt. William Robertson, Augusta, ♦Georgia. Col. James Turk, Bcllefonte, Ala. INDAI5S. From the National Intelligencer. 2?J*K8ENf CRISIS IN THE CONDITION OF THE AMERICAN INDIANS.—NO. X. NO XIII 'there is but a single treaty more in this long chain of negociations Jt was executed oil the 29th of Feb- .ruaiy, 1819, by John C. Calhoun, then Secretary of War, for the Uni ted States, and by twelve Cherokee Commissioners, ft may be call ed, JTHZ FOURTH TREATY, 01' WASHING TON; OR THE SIXTEENTH AND LAST RATIONAL COMPACT BETWEEN THE (B't.TED 6TATES AND THE CHERO K : es. The preamble states,- that “the f eater part of the Cherokee nation ive expressed an earnest desire to -Tcmain on this side of the Mississippi,’ and that they are desirous “to com mence those measures which they deem necessary to the civilization ®ud preservation of their nal ion they therefore offer to,cede to the Ited States a tract of country at 4eu*f as extensive as the United States Will be entitled to, according to the provisionof the preceding treaty. Art. 1. The Cherokee nation cedes to the United States all its lands, ly ing North and East of the following |i,ne: (By this boundary considerable tract# of land were ceded, which tell tinder the jurisdiction of Alabama, Tennessee, and Georgia. There was a reservation of about 100,000 acres, lying without the new boundary, for a school fund for the Cherokees.] The cession this article to be in full satisfaction for the lands on the Arkansas, given by the United States. •Smthc next preceding treaty Art- 2. The United Stale) to pay for improvements on the ceded terri tory: and to allow a reservation o 6 40 acres to each head of a fam U wuo wishes to remain, and become citizen of the United States. Art. 3. A reservation of 640 acres to each of 31 persons, mentioned ..y name, “all of whom are believed to be persons of industry, and capable of managing their property with discre tion.’’ There were also eight other re servations of 640 acres to each of eight other persons designated. Art. 4. The land reserved for a school fund to be sold, in the same manner as the public lands of the United States, and the proceeds ves ted by the President of the United States, the annual income to be ap plied “to diffuse the benefits of educa tion among he Cherokee nation im this side of the Mississippi." Arf 5 Boundaries to be run as prescribed in former treaties. In truders from the white settlements t be removed by the United States, and proceeded against according to a law of C igress which was enacted Marl) 30. 1802. Art 6. Two tihrds of the annuities to the Cherokees on the E:st, and oni- •ihtrd to those on the West of the ,’Iis- sissippi. Art. 7. The citizens of the United States not to enter upon the ceded lands, before Jan. I. 1820. Art. 8. This treaty to be binding when ratified. The treaty was. ratified by President Monroe and the Se nate. The preamble of this last treaty admits that the Cherokees, as a b dy, wished to remain upon their ancient territory, with a view to their national preservation The treaty was there fore avowedly made with the same view. This is perfectly manifest from the words of the document; and l eel warranted, in saying, that the Cherokee chiefs, (who consented to the cession of the first article with great reluctance.) were positively and solemnly assureds that the Gov ernment of the United States did not intend to ask them to sell any more lam I. This is implied indeed, in the preamble, which, after recognizing the desire of the Cherokees to re main and become civilized, add, in effect, and the cession now made was so extensive, as not to require any future cession. To about forty individuals specific reservations are made ny the third article, on the alleged ground that they were 'persons of industry, capa ble of managing- theirp perty with dis cretion." A very small portion of the C1te.ro- kee population resided upon the land ceded; yet from fhis small portion, (excluding, also, those who wished to emigrate from the ceded district to the Arkansas,) about forty heads of families were selected, ten years ago. as possessing the character above de scribed. It is incontrovertible that the Cherokee nation has been improv ing to the present day. The number of industrious persons has been greatly increased, as could easily be shown by an induction of particulars, if my limits would allow The words of the t reaty are not more plain, therefore, nor its principles more just, than Us spirit is humane & benevolent. The fourth article looks directly at the perm ment restil. nee of the Cher* okoes on the territory of fhrir fathers. The lands r served for a school fund have not yet. been sold; when the trea ty *Vr>s signed, it was supposed they would sell far a great sum of money Similar lands, not far distant, hod been sold by the United States at auc tion a year or two before, at very great prices. The principal tract reserved, lies on the Tennessee, and, ns was thought, would prod'Ko so large a ,ca; ital, fhat the interes' would afford the means of education to all the children of tb- Cherokee*. What is to be doiie with this bin i he treaty says, the president ot t oiled States shall vest it us a p< .lanent fund; and that the annual »• ■line is to be Applied -to diffuse l. ■ enelits o! education among the Cbei ,e nation on this sine oj the J\hs iss t p<." Here is i permanent fund Itn specific object; and ttiat object iinpius oe permanent existence ol t... Jlierokee nation Eastward of the Mi nssippi. ; But the provision of the fifth artich s more remarkable still. It woulu seom as if every contrivance was usi which ingenuity could devise, for Hi purpose of binding the faith and con stancy of the United States to a just and honorable course with the (Jim okees. The integrity of thiir tn ri- tory had been guaranteed ky treaty. Rigorous laws had been erneted h i the punishment of intruders These laws had been executed. But the time might come when these laws should be repealed; and wlen Con gress should, by a feeble system of legislation, leave the Cherokees dc- fei.eeless. In order to g aid against lit k species of bad faith, a stipulation ir here inserted, by which a certain tar. ot the United States, so far as it relates to t lit; intrusion of whites upon fiidian I,aids, is made a part of the treaty. This law-, therefore, as it respects the C icroi.ees, cannot be re pealed by Congress. It is to be con sidered in just the same light, as if all those parts of it , which relate to in truders, had been literally copied into the treaty. Let us then look at some of its provisions. By the law of March oO, 1802, it js ena led, (section 2) that if any cit izen of the U. States shall cross over, or go within,' the boundary line, be tween the United States and the In dians, to hunt, or in any wise destroy the game; or shall drive horses, or cattle, to range on any lands allotted or secured by treaty w ith the United States, to any Indian tribes he shall forfeit a sum, not exceeding $100, or be imprisoned not exceeding six months.’ By section 5th, it is enacted, ‘that il any citizen shall make a settlement on any lands belonging, or secured, or granted, by treaty with the United States, to any Indian trihe, or shall survey, or attempt to survey, such lands, or designate any of the bounda ries by marking trees or otherwise, sue h offender shall forfeit a sum not ex ceeding $J,000, and suffer imprison ment not exceeding twelve months In the same section, the President is armed with full power to take such measures, and to employ such militn- t* 011 , or tri ry iorcc, as he shall judge necessary bounds of to remove from Indian lands any per son who should '■'‘attempt to make set tlement thereon." There are other provisions in the act, all tending to the protection of the Indians, and to the preservation of their territory inviolate. This general law' is now in force, in regard to aii the Indians, whose lands art: se cured to them by treaty; and in re gard to the Cherokees, let me say a- gain, Congress cannot repeal it; for it is incorporated into a solemn nation al compact, which cannot be altered, or annulled, without the consent of both parties. Witlii t a few months post, a trjtin of surveyors, professing to act under the authority of Georgia, have made Un imiplion info the Cherokee nation, to the great annoyance & alarm of the peaceable inhabitants These agents ol Georgia have not only attempted to survey, but have actually surveyed what they call an old Creek bounda ry, which they have doubtless desig nated by marking trees and otherwise. Thus they have done the very thing which is forbidden by the 5th section above quoted, under a penalty of $1,000 and twelve months' iinnrisou- rnent. Even if the people of Georgia were right, as to the Cre< k boundary, they are not the proper persons to as certain tbo fact, -BeVeral treaties ctween the United States arid the nerokees provide, that boundaries .ail be ascertained by Commissiou- s appointed by the United Stales, •• otnpanied by Conimissidilers ap- •iined by the Cherokee nation. Can f.y good reason be assigned, then, iy the President should not direct < prosecution to be commenced a- , uiist these offenders, who have tram- ied on a law', which is of vital ini- 'Ortance to sustain the plighted faith »: the nation? it is said that the United States an make no treaty with Indians liv- t i ; within the limits of a State; tlmt o, within the limits of what appears oj the map, to or one of the United Mates. I beg leave to make a dis tinction between a State, and the map of a State; not having yet seen it proved, that the engraver of a map has the power of disinheriting a whole people, and delivering their property into the hands of others What did the men, who formed the Federal Con stitution, think of the extent of the treaty making power? This is, I think a pertinent question, and ad mits of a decisive answer. In the first law of Congress, on the subject of intercourse with the Indians, which vas enacted under our present form of government, the fourth section reads as follows: “Tint no s ile of lands nnde by any Indians, or any nation or tribe of In dians, within the United States shall )e valid to any person, or persons, ot to any State, whethei having the rigid oi'preemption to such lands of not, unless the sani'e shall lie made and duly executed at some public t 'eaty, held under tk/t authority of the United States. —[Judge Story’s edition of the United States La ws, p. 109. ] This act was approved, July 22, 1790; only sixteen days before the execution of the Creek treaty, in (he City of New York, which was de scribed in my fourth number. The leading members of Congress bad been the leading members of the con vention, that formed the Federal Con stitution. Their exposil on of that instrument will not be controverted t ed thnt , verr ilhle to check the move- by any considerate writer, or speak-, menls of Counl DieUitsc h. B< sided; adherence to the letter and spirit of the Federal Constitution. Thus, Messrs. Editors, I havA gone througa the long list of treaties Which our country has made with, the Cherokees, and which have re-; ceived the highest sanction of tlufr Legislative and Executive Branched of our Government; and which, no doubt, will receive the sanction of the Judiciary, whenever regularly brought before it. The Judges' of! the Supreme Court of the United States long since declared, incidental*- ly, that the United Slates are bound by treaties to the Indians. Mr. Jus tice Johnson said, nineteen years agdy (6 Crancli, p. 147,) “innumerable treaties formed with them, [the In dians J acknowledge them to be an in-, dependent people; and the uiiiform prsef tice of acknow ledging their right of soil, and restraining all persons, front: encroaching on their territory, makes it- unnecessary to insist upon their rijriff of soil. '’ Chief Justice Marshall- said, hat the Indian title “is certain ly to be respected by all courts, until it be legitimately extinguished." Thi«. is enough for the perfect defence* fef the CherokeeSj till they ■voiuptttr.il/; surrender their ebuntry; this being ihd only way in which their title/:a:>be ?et / gitimately extinguished, so long as f lrea#, ties are the supreme law of tie land? WILLIAM PENN. , n -m—mw,i ,. jk. m.; ‘ LATEST FROM ENGLAND,. By the general complexion of “>e latest accounts from the East, it v, o Jd seem that expectations were er.’or- Iflined that the Grind Seignor. hardly pressed on all sides, and appan utly unable to withstand the progress of the victorious Russians towards hi# capital, w ould yield to his necessities," and consent t.i a negociation tor peace; probably upon such terms as hi? cnb^' iny should dictate. The battle w.liicfi was said, at the lute arrivalsj to have taken place at Ivirk Ivihssa, is not confirmed. But it w ould seem that the Sultan had no forces concent rat er; and their decision, in the section just quoted, is as positive and per emptory, as can well be imagined.— The same provision was continued in subsequent laws and is found, in the law of March 30, 1802, in these words: •find be it further enacted, That no purchase, grant, louse, or other con veyance of lands. or of any lute or claim thereto, from any Indian, or na- ibe of Indians, within the ihe United States shall be of any validity, in law or equity, un less tiic same be made iiy treaty or convention, entered into pursuant to Uie constitpiion. And it shall be a misdemeanor, in any person, uotem- ployeu under the authority of the U- uited States, to negotiate such treaty or convention, directly or indirectly, to treat with any such Indian nation, or tribe of Indians, for the title or purchase of any lands by them held or claimed, punishable by line, not ex both in Europe and Asia, it is slated that ho was in a fair.way to reap the fruits of his own folly., in attempting, a few years since, to destroy life corps of Jannissaries in Constantinople, agd to disband and at retit them in the oth er parts of his dominions. Strong symptoms of insurrection have appear ed among this still numerous and for midable band, in various plat es, pre pared. as the opportunity might offer, to glut their vengeance upon the hea<| of their master. We have not room to enlarge upod the state of things. We think, how*- ever, that those persops who havd trumpeted the tame of the Sultan, as the greatest sovereign of modern times, must by this t me be ready to change their opinions on that point, or they must have queer notions of great* ness.—JV. Y. nidi'. i From the London Courier. The Allgeineine Zeitung, of tlitf ceeding one thousand dollars, and iin- I ®9th ult. lias brought us intelligence pnsonment, not exceeding twelve J Constantinople, of the 8th of Au-* moulds.” j gast, (the date of our last despatches ) Then follows a proviso, tlyat an a-) which confirms all that we annoiin- ed gent Irom a State may be present, and ‘respecting the consternation of the propose terms, wheu commissioners j people, and the change ol mind in the * 1 of the United Slates are treating with . Sultan. It appear# that besides thd the Indians. In accordance with the express prov isions of these national la* s, ii iias been the universal practice to obtain cessions of Imliup lands through the medium of treaties, made under (he authority of the United States.— No fewer than nine of these treaties have been duly formed and ratified, in regard to small reservations ol Indian territory, in the single State of New- York. That great and powerful State has never yet complained that its rights, “as a sovereign and inde pendent .State,” are in any way en dangered or abridged* bjr a faithful arrival of General Diebitsch s r.dvnnu cd guard at Kirk Kilissa, a Kussiad corps had landed at Iniada, 80 inilei from the capital, and that the terrof created in all cases wuts so great, that the Sultan's life would have he.cn i$ danger, if lie had not declared himrelf ready “to do every thing which could contribute to the restoration of penc e, and the satisfaction of the people.'”—* As a preliminary step he Had accept ed the Treaty of July, 1827, and his a, it is added, tlie Protocol of the 22<L of March last, by which the the Murea to the Continent •mut Iron & YAi