Newspaper Page Text
feHKBOKBE PHOENIX AND INDIANS’ ADVOCATE.
a—B—igMMg .1 .1
From ihe National Intelligencer.
fRHSENT CRISIS IN THE CONDITION OF
THE AMERICAN INDIANS
NO. XVI.
The next inquiry will relate to the
title tonveyed to the first European
settlers of Georgia, by the charter ol
the British crown. There are some
people, even in our Republican coun
try, who appear to suppose that there
is wonderful virtue in the grant of a
Kiug. But is it not manifest, oil the
bare statement of this subject, that
not even a King can grant what he
does not possess? And how is it possi
ble that lie should possess vast tracts
of country, which neither he, nor any
European, had ever seen; but which
were in fact inhabited by a numerous
Independent nations, of whose charac
ter, rights, or even existence, he
knew nothing. Many grants to A-
merican colonists were hounded by
lines running West from the Atlantic
to the Pacific ocean. This was par
ticularly the case with the charters
of Georgia. Will it be seriously con
tended that a royal grant of this kind
conferred any rightful authority to
dispossess of their territory t he origin
al occupants of the. Soil? From such
a principle it would follow, that all
the aboriginal inhabitants might be
lawfully driven into the ocean, and
literally and utterly exterminated at
Once; for the European powers, by
their proclamations and charters, di
vided the whole American continent
among themselves. But who will
dare to advocate the monstrous doc-
fri \o. that the People of a whole con
tinent may he destroyed, for the ben
efit of the People of another contin
ent?
It is very easy to understand, that
England, France, and Spain, would
find it convenient to agree upon cer
tain boundaries among themselves, so
that the subjects of one European
P wer might not come into collision
with i iie subjects of another. All this
was ’.vise and proper; and when it was
aeeorfVplishod, one of these Pow
ers might properly grant
Citvied lands to its subjects; not en-
K.^y.cr, llpuu ilic oi I” In
al rights of the. natives, or the con
ventional rights of Europeans. For
these two purposes, viz: The preven
tion of strife between new settlers,
and the establishment of colonies upon
territory not claimed, or the claims
to which had been, or might bp ami
cably extinguished—the charters of
European Governments were ex
tremely valuable. Further than this
they could not go; and the very idea
that they could divest strangers of
their lights is utterly preposter
ous.
It is true that the Pope, imme
diately after the discovery of Amer
ica, issued a bull, by which the kings
of Spain were authorized to conquer
and subdue all the inhabitants of the
new world, and bring them into the
pale of the Catholic church. Abou t
a hundred years afterwards, Queen
Elizabeth, much in the spirit of pope
ry issued a proclamation, by which
slip directed her subject* to subdue
tlie Pagans of this continent. But the
people of Georgia will not build upon
cither of these foundations. None of
ihe Protestant colonists professed to
act upoii'sm h,principles; and the first
getllbrs from England, as a general
tiling, if not uni versally, obtained of
natives, by treaty, the privilege of the
commencing their settlements.—
Whenever they afterwards got in pos-
g'ssion of lands by conquest, they did
jo in consequence of what they con
sidered to he unprovoked wars, to
Which the Indians were instigated,
either by their own fears’ and jealous
ies, or by the intrigues of European
nations. It is undeniable; that the
English colonists, as a body, and for
a hundred and fifty years', disavowed,
93 principleantf practice, Ihfc doctrine
that the aborigines might be driven
from their labels because they were
an uncivilized people, or because the
whites were more powerful than they.
I have not been able to find an assem
bly of legislators, anterior to Decem
ber, 1827, laying down the broad
principle, that in this case, power be
comes right: a memorable declaration,
which was made by the Legislature
of Georgia, in one of the paroxysms
of the present controversy.
Let it be fixed in the mind; them
that live charters of Biitish Kings
however expressed, of whatever
might seem implied in them, could
0# divert the Indians of their rights. ^
The charters of Georgia are cited
in the famous case of Fletcher vs.
Peck, (6 Cranch, p. 87,) & it may be
presumed, that all the parts which
havo a bearing on this investigation,
are there copied. The first charter
was granted by Charles the second,
one hundred and sixty three ybars a-
go, and embraced all that part of
North Arcierica which lies between
29 and 36 1-2 degrees of North lati
tude; that is, a tract of country more
than five hundred English miles broad,
extending from the Atlantic Ocean to
the Pacific. It granted the territory,
“together with all ports, harbors,
bays, rivers, soil, land, fields, woods,
lakes, and other rights aud privileges
therein named.” So far as appears,
the charter said nothing of the native
inhabitants. Whether it said any
thing in regard to them, or not, is im
material to the case now in hand: for
as I have already observed, no man
will undertake to maintain the propo
sition, that the unknown tribes and
natives between the Atlantic and the
Mississippi, and thence Westward to
Mexico and the Pacific could have
their rights and property justly taken
from them by the signature of the
British King in lus Palace of White
hall.
The rights derived from this char
ter were surrendered te the British
crown in the year 1729. Three
years afterwards, George the second
incorporated James Oglethorpe and
others, as a charitable society, which
he styled “The Trustees for estab
lishing the colony of Georgia, in A-
mericn, with perpetual succession.”
To this corpoiation he granted all the
lands lying between the rivers Savan
nah and Altamaha, and between par
allel lines, drawn Westward to tlie
Pacific, from the heads.of said rivers
respectively, “with all the soils,
grounds, havens, bays, mines, Miner
als, woods, fivers, waters, fishings,
jurisdictions, franchises, privileges,
and preeminences, within the said ter
ritories.”
In the year 1752, this charter
was also surrendered to the crown.—
A royal Cni-ornmoi't was instituted
in 1754, over the colony of Georgia
which was bounded in the same man
ner as the tract granted <0 the corpo
ration above described. This tract
embraced all the Northern part of
the present States of Georgia. Ala
bama, and* Mississippi, and extended
Westward to the South Seas, as (lie
Pacific Ocean was then called.
By the peace of 1103, it was a*
greed between England and Spain,
that the Mississippi should be the
Western boundary of the British Col
onies. The same year a proi lama* ion
was issued by George the Third,
which, among" other things, annexed
to the Colony of Georgia, what is now
the Southern part of the States of
Georgia, Alabama and Mississippi.
The same proclamation contains
the following passage:
“That it is our royal will atid
pleasure, for Ihti present, as aforesaid,
to reserve under our sovereignty, pro
tection, and' dominion, for the use ol
fhe said Indians, all the lands and ter
ritories not included within the limits
of our said three new Governments,
or within the limits of the territory
granted to the Hudson s Bay Compa
ny, as also all the land and territories
tying to the Westward of the Sources of
the rivers, which fall into the sea from
the West and Northwest as afore
said-, and we do hereby strictly for
bid, on pain of our displeasure, all our
loving subjects from making any pur
chases or settlement whatever, or ta
king possession of any of the lands'a-
'hove reserved, without our speciai
leave and licence for that purpose
first obtained”’
The lands'tiofv in dispute between
Georgia and the Cherokees are with*
in tlie description, which is printed in
italics; and were therefore reserved
for the use of the Indians.” Thus
matters remained, so far as the Brit
ish Government was concerned, till
the close of the Revolutionary war.—
By the peace of 1783, the Colony of
Georgia was acknowledged to be one
of the independent States of America.
There can be no doubt, that the
Slate of Georgia thenceforward might
exercise, within her proper limits,
all that authority, in regard to the In
dians, or any other subject which ei*
Iher the Colony of Georgia, or the
British Government might have pre-
iously exercised. It is to be under
stood, however, that any modifications
of her pow°r, which Georgia made,
either by entering into the old con
federation, or by adopting the present
national Constitution, are to be duly
regarded.
There are no means within my
reach, by which the claims of the
British Government, in regard to the
possessions of the Indians, can be ac
curately known. Nor is it of any con
sequence that they should be known.
Unless they were founded in reason
aud justice, they could be of no valid
ity; and in regard to what is lounded
in reason and justice, impartial, dis
interested, intelligent men ol the pre
sent day, can form as correct an opin
ion, as could be formed by the Kings
of England.
It is admitted on all hands, and is
even strenuously contended lor by the
people of Georgia, that the Indians
were considered by the British
crown, as under its protection. From
this claim of the crown, it r*' inferred,
that the Indians held tliMr lands by
permission of the crown. Now 1 hum
bly conceive, that here is too large a
leap from the premises to the conclu
sion. There is a distinction between
affording protection and usurping un
limited control over rights and prop
erty. llovv many small States re
mained for hundreds of years under
the protection of the Roman republic?
The greatest men in that republic
were always proud of their good faith
to their dependent allies, so long as
these allies remained faithful. The
right of retaining their territory, laws,
customs, and habits of living was not
invaded. How many small States arc
there in Europe, at this moment, pos
sessing a limited sovereignty, and re
maining under the protection of larger
States, yet exercising the right of ad
ministering their own government, in
regard to most essential things, as
truly as the State of 'Massachusetts,
or South Carolina, administers its own
government?
Would it not be safer to infer, that
the Fndians were claimed' io lie under
the protection of Great Britain be
cause they had important rights,
which needed protection's rights which
were in danger from the encroach
ments of other European nations, the
avarice and fraud of speculators, and
tills hostile ina. iiiuatioiis of neighbor
ing tribes? A guardian is the acknowl
edged protector ol his ward. Is il
sound law, therefore, that the guar
dian is the sole owner ol his ward's
properly ;&may set the helpless orphan
adrift in ihu world? The father is
the protector ol his children: may he,
therefore oppress them, dishearten
them, and thus prepare them to be- |
come outcasts and vagabonds? A
husband is tile protector ol his wife:
may he, therefore, abuse her, repudi
ate her without cause, and drive her
from her own house aud her patrimo
nial inheritance?
As to the power of Geotgia within
her own limits, some remarks will be
made in a future number
WILLIAM PENN.
THE DUTIES OF CHRISTIANS
TOWARDS THE ABORIGIN
ES OF THIS COUNTRY.
Certain measures recently adopted
by onr General government, disclose
a policy that is replete with danger
to the interests of religion among the
aborigines of this country, and a
ciouu is thus thrown over a fair pros
pect of the ultimate civilization r.iid
conversion ot nearly *i0u,000 souls.
With such consequences before our
eyes, there is no exaggeration iu say
ing that it is the solemn duty of our
country to make united, earnest aim
immediate effort to avert the dangers
which are thickening around the In
dian population, within our borders.
Is the inquiry made, what shall
Christians do? W'hat efforts con
liiey make? The answer is obvious
Lot correct views of tins subject be
diffused over tlie length and breath of
the whole land. Let ten. thousand
“winged messengers ’ of the press be
sent forth. Something in this way
lias already been done and well done.
Tlie able numbers of Wm. Penn, now
publishing, meet with a wide circula
tion. Circulate them still more
widely. Let addresses also be made
to assembled multitudes in those halls
which first echoed to the accents of
liberty. Let tlie pulpit speak. It
never spake in a holier cause.
When every city, town, village, house
and heart is formed and aroused, and
the whole population of tho land be-
! comes penetrated w ith a sente of du
ty, and fully determined to do justice
to the Indians, let a memorial to our
national legislature be draughted,
stating in strong, firm, and respect
ful language, the views and feelings
of every American Christian and phi
lanthropist.
While these exertions are made,
it may not be forgotten that missiona
ries and converts are in the field whose
hands need our aid and whose hearts
need our sympathies and our encour
agement. They shall secure our
aid, our sympathies, and our hearty
encouragement. We will bid them
behold examples of those Apostles of
the Indians, whose footsteps they are
pursuing. We Rill tell them to per
severe, and soon they will reap a like
reward.
Another duty which devolves upon
Christians in this country, is fervent
intercession, There is One who will
listen to the prayer of the most un
worthy individual, and will He not
bow down his ear to the united sup
plication of American Christians
when their hands are raised in ear
nest .entreaty for wretched Indians?
Every Christian in American is call
ed, when he k pee Is in his closet, and
when he mingles in the hallowed de
votions of the monthly concert, (0
pray for that much injured race; and
let no one refrain from supplication
till the almighty appear clothed with
deliveiance.
If any one objects that this is doing
too much for a few Indians, I ask, is
it then too much to lie done for 500,-
000 souls? Is there any touch of na
ture in us? Have we any sympathy
for suffering humanity? And shall we
not feel and act and pray when
we see the wretched condition of so
many immortal beings? Do not (lie
wrongs which have been heaped on
the Indians for 200ycan£ call in notes
of thunder for reparation? Or is it
so, that we have never taken unjust
possession of their lands? never cor
rupted them with our vices? never
plunged them by thousands iu the
burning lake of intemperance? never
been grossly unfaithful to their im
mortal souls? Oh my country, would
that thou were not crimsoned witli
this guilt! But my country is guilty;
her garments are stained with blood,
and unless accumulating wrath be
averted, there will be a day of retri-
oution.
Another view of this subject is,
that in reference to the oborigines of
this country, a crisis has' arrived. In
a tew months the halls of congress
will become an arena on which will
he agitated one of the most moment
ous questions that ever came before a
national council. Shall the Chero
kees be removed from their lands?
A question that ultimately affects not
one alone, hut every tribe within our
liiiiiis. On the one side there is
wealth, power, interest, talent, and
an unyielding determination to ef
fect its object. On the oilier there is
Justice. But will ihe Indian find an
advocate? Christians, he extends tiis
imploring hands to you; he says,
Remove us from our cultivated lands
and we shall again roam the desert.
Seperate us from tlie place Where
wc have learned heavenly wisdom,
and our children u iti live‘and die ig
norant oi the biessmgs of Christianity.
Lei us remain in this land of our la
thers with our schools and our beloved
missionaries.” Teii me, Christians,
snail the Indian find an Advocate?
i>o to turn as you would wish him 10'
do 10 you. Do as Mayhew, as ui-
lioi, as Wrainerd wonid do. Remove
tlie Indians wow, and how long will it
no ere 1 anotner wave of population
sweep them to the rocky mountains?
flaw long ere successivs removals
extinguish me iignt of Clnisuaniiy,
that now shines among ihem. f How
long ere the whole race become ex
tinct? The ancient churches which
once ilourisned among them are not;
and ot the 2,0UU,UUi) which once
lived within otir limits 1,5'J0,000,
and many intermediate generations,
have perished m the pit which civi
lized man has dug lor them. Those
who now remain are inciting away
like snow flakes that fall into the wa
ters of the Mississippi. Jf Christians
do not make immediate efforts to save
them, their days will soon be’number*
ed. Their last family will soon take
refuge in the declivities of the Rocky
mountains! One by one will that fam
ily perish. The last survivor,
standing on those mountains and
looking down on millions then beneath
him, will say* ‘‘Woe to the govern*
meat of this countryl for tin? violation
of its faith, pledged in solemn ti untie*.
Woe to tho inhabitants of this land,
of their lust of dominion, and fraud
and oppression! Woe to the Chris
tians of this country, for their neglect
of the souls of Indians!”
Jour, of Humanity.
We publish on our last page, No,.
12 of tlie papers of “Wm. Penn’*
on the subject of Cherokee rights.
Those who have followed the writer
thus far, will need no prompting to
read the few numbers which remain.
It is not our custom to publish so
much on any one subject; but we
have considered the case in hand as
one of peculiar importance, inasmuch
as it involves the best interests of the
Cherokees, and the reputation of the
country abroad. It has been the ob
ject of William Penn to show that
the government was bound by solemn
Treaties, repeated and at various
shapes, never to deprive these Indians
of their remaining lands, except with
t’’cir voluntary consent. And if he
has not succeeded in his object, thenf
it is impossible to prove that we are'
bound by Treaties with Great Britain
France, or any other nation;—unlesg
it can be shown that Indians are not
human beings, or that compacts with
a, people of a different complexion
from our own, may he broken and
violated at pleasure. What gives the
subject particular interest at this
riloment, is the universal expectation
that it will he brought Upon the floor
of Congress at the hfext session, and
finally disposed of, either according
to tlie principles of equity and good
faith, or else in a manner which will
inflict everlasting disgrace upon the
government and country, in which
we live.—The manner, in which the
subject is regarded by other*, may be
inferred from the .fact that these
numbers of William* Tenn, long as
they are, have been copied and are
copying into not less than fily respec
table newspapers in different parts of
the land, and generally with the most
unqualified expressions of approba
tion.—Jour, oj Com.
NOTICE.
*1)5/"ILL be sold to the highest bidder on
▼ » the 1st clay of December next, at
the late residence of Janies Pettit near
Conasauga, between sixty anil seventy a-i.
cresof ,
CORN.
as it stands in the field, and from six to SOW
en hundred bushels of Corn in the crib, and'
twenty five slacks of
FODDER.
ALSO, on the 2d of December, at the
house oi Edward Adair, -scventeei. head of
CATTLE, and one likely negro man r .
n&ined
iaiw iu> ha* Ma £
all levied on as the property of James Petr
tit, to satisfy a judgment obtained against
said Pettit in favor of Elizabeth Pettit.-.—
J’he. above property will be sold unless re*'
deeiiied^ .•
xt JOSEPH LYNCH, Marshal.
Nov. 4, 1829. 30 t J,s.
INFORMATION WANTED.
Subscriber living at the Head of
1 Coosa, Cherokee Nation, wishes to.
know where a certain young man now re-.
sides by the name of
JOHN E. GIBBS,
by occupation a Printer’, who a few months
since came from JMcMinn county, East
i ennessee, and got employmentiin the of-.
b£ e 0 J ie Cherokee Phoenix, at New E-
cnota for a short time; he was discontinued’
*‘om that office iri ; tlie latter part of the -
summer, apd has remained in the m igh—
borhoodoi Ooukillogee,- near that place,-
until a few weeks ago, when lie started
irom that place in company with a gentle*
man who was going to Macon, Georgia
1 am inlormed by that gentleman, that said
, jbbs ' ven t on to Macon with him and’
left lnm at that place about the 24th of
25th August and started for Millcdgeville
Georgia, to seek employment during the
sitting of the Legislature. If he should bo
at that place or any part of the State, L
should take it as a favor if some friend (to
Honesty an I fair dealings) would let me
“HOW by mail; as said Gibbs has gone off
and has neglected to pay his book account
with me,—the account he owes me is not
much—but information respecting him
would no doubt benefit some of his other
creditors—Mr. Gibbs is rather inclined <0
low built, about file feet three or four in
ches high, dark hair, tolerably free spoken
and lias a blemish in one of his Eyes*
which prevents him from seeing much oul
ol it. It has become too common these
hard times for those Broad-cloth-coat gen
tlemen, if I may style them such, to make
accounts in stores & move to another sec
tion. They deserve the notice of public
prints as much as liigh-way robbers, as
they are always on the lookout and ready
ly practice fraud on the public at large,
and they cannot be considered otherwise
than Swindlers.
GEO. M. LAVENDER.
Oetol/tr 88/A, 182^ .itf.—tf.