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CHEH0I£EE PHOENIX, AID INMANS’ AJDVQCATE* PRINTED UNDER THE PATRONAGE, AND FOR THE BENEFIT OF THE UHEROKGE NATION, AND DEVOIR To TjiE CAIKE OF INDIANS.—£. J;Cl i lNC'l i , Lln'i win VOX*. II.* - rjt. 1 . tt&W SiOHGTA, WJS9i*£iit&A7 S3, 1S£9. 67. PKtflTKO VV f ! KI.T IJV JNO. F. WHEELER, At $2 50 if paid in advance, ^3 in six ( and tiie sons oi %\111tts nu ll, should be ■months, or $8 50 if paid at the end of the ; sus , ected by the full Choctaw s oi having used a secret influence in Ja vor of that measure. The three high est ehieis are I lie sons ol whits men by Indian worn n. Although elevate'] to their present standing by great ma jorities, in their respective districts; taws against • removal, the «liief is son-fun ac ts ot the gc.iciul govc.i.- principally tolii itoos, lest nhii* men. usenl. \gain: the preamble already qu - year. To subcc.ribers who can read only the •Ofiferokee le.nguagc the price will be $2,00 in advance, or &2,50 to be paid within the years Every subscription will be considered as continued unless subscribers give notice to th- ontrary before the commencement of a i ail( j although at present strongly sup year,a‘nd all arrearages paid. | ported in their attempt s to prortiot. iv/ person procuring six ^subscribers, | ‘.jvilixat ion; yet they have unsneecss- anl oec nningresponsible forth? payment, siiail receive a seventh gratis. Advertisements will be inserted at seven ty-five cents per square for the first inser tion, au>‘ thirty-seven and a half cents for •each continuance; longer ones in propor tion. U1 letters addressed to the Editor post paid, will receive due attention. ful rivals among the full Choctaws who would make gtcal use ol any de tected agency, on the part of these chiefs, or of any white men intimate with them which had been brought to hear upon the government, ill such <j w y .t <r.« v re .9 » mu Fa« ,i t»eAvr.o»a T.vjjir* uw- jimTba.i .UiWli.lAy UTA I)|fl? O’OJBJt were JM./8.I TG- V Z . TElS0*t* I)014xlF«t.l. 4<? Z : ,c u ? TiftO“A. TH DO liS Sied? I, KT i r a cpc.j :ui n?.i&«F.z th y.v i>yviT DJ'JP 0*0.1 B.I eivy;: oovr vre.v i; ■( <t o»a.r-ia j*>4i»3.iu i», 'rerz te.vjo*»» do* .4.*S#£*•»•«. KTAZ D-tiP SAVs" Cr'iUil" manner as to favor n removal. Col. Folsom, on this account, and not foi his own satisfaction-, puhlict askei The fourth article of the treaty of 1,820 is in ilie following words: 1 The boundaries hereby established between the Choctaw Indians and the United ’.Slates, on (his side of the U,s own eatistact.0.1-, putllicy asK«fl j vji^.iopi river, .hnli remain without the Agent of the United States, uberh-1 w . cft unti , (he iodi a( ivhitli ter these overtures o. the government i s . ii( , na , ioi) sha „ boconift 90 ,.jvi!izrd owing to the mnucnr* or white men, oi the sons of white men, resid ing in the Choctaw nation. In regaid to the oth»r topic of the President's letter, viz: his inability to ! individual, in the nriion.’ of the Choctaws, by the legislature equivalent io a command. Tne of Mississippi, or from any other j Creeks so far «.s ( an l,e judged from quar.er. i the newspapers, are m the same state ii .i this mater is not left to trea-j of feeling, lies alone, fr. the iaw for regulating j The Christian public should be ful- imeicouise Midi the Indian tribes, iy aware, that these four Indian tribes, approved iMa^-h 60, 1802. and now I containing an aggregate population of in force, it is piac.ed, tliat the mere €0,000 souls, are s-.rongly attached >o crossing the tmian line to hunt, or to the country, which theydeceived ,.urn get pasturage hr caule, shall expose | their lathers;—that limy consider a citizen of tie United States to a | themselves as having a peifeet ri. lit line of £ U)0, |>r imprisonment for a , to it— that they are extremely re- month; that if citizen shall uuikea luctnut to leave it;—that they think it le; islation? and that the United »eitlemeni on lie Indian territory, Or 1 guarantied to tin m by numo.ous liea- Stalcs have no power to jrrevent j **^**1^ alte-inpi t^survoy any pi»rt o^it, ; (ses with the Uqited States;—t at it? ise shall forfeit a! sum not exceeding | evils not less to he dreaded than c $1,000, and sifter imprisonment not -pulsion:—that they regard a rcmoy-rl, twelve months.” The ted say3, that it i3 desirable to via State of Mississippi to obtain a ••mail pari” of the Choctaw count, j; and even this must be obtained lor the state, by the.general government, in a treaty solemnly made ana latified. But how is this reconcilable v»;lh the duel line, that ibe State of Mississippi may take possrssion of tile xckoie Choctaw country, by a single act of or designate anyhoundury, by marking they will not remove, unliss u, ■ n trees or olbemse, “such offender | compulsion, or in the apprehension of m- cxccedinsj in such circnjnslances, to be aliogeth- same law juoviJes. that no purchase or unjust and oppressive; and ih.it of lands from i.ny nation or tribe of i they importunately call ujion the lends of j isticc and humanity to m- and enlightened, as to be made citi zens of the United Slates; and Con gress slH! lay off a limited parcel of land for the benefit o r each family, or 20 13. AGENTS FOR THE CiiEROKEE PHtENlX. Tim following persons are a'Uliorize 1 to ’ eeenive subscriptions and payments for the v "<3lierck«e Phcenix. M a ssre, Pv.irc?: & Williams, No. Market St. Boston, Mass. • (Jflosei; M. Tracy, Agent of the A. ■ft; F. M. N -\v York. Rev. A. D. Eddy, Canandafun', N. Y. Thomas Hwtikgs, Utica, N. Y. . PocLAao Ck. Coxvdasv,, R.oiii'.nad, Va. Rev. J \M3c‘ Campbill, B aufo.-t, 8. C. William Moultrie itciD, Charleston, C. Co!. GEonara Smith, Statesville, W. T. Wiiyh-AM M. Combs, Nashville, Ten. ltev. Bennet jRober .-s, Fowa' : , Me. Mr. 'I'hos. R. Gold, (an itinerant Gen- Hleman.) Jeremiah Austil, Mobile, Ala. Rev. Cyrus Kingsbury, Mayliew, Choc- *taw Nation. Capt. William Robertson, Augusta, Georgia. Col. Jaaies Turk, BellefontCj Ala. prevent the laws of the State of Mississippi fro* beii’;*- e«'ended over the Choctaws, the following things seem worthy of considers!ion.. 1. The Choctaws live upon land, def tween (hem and the United States J cists the power of apportioning C:e 2. These treaties were made in the . lands, for the benefit of em h family years 1783. 180!, 1802 1803, 1805, or individual, of‘.he Chuet.aw uatio-..; 1806, 1830. and 1825; and of course and of bringing them under the ffy/s the first six of them were made he- of the United States ful with Ihc crn- fore the State ol Mississippi had an sent of the Choctaw nation existence. In every treaty, the I In framing the fourth art ir ie here re- (dio -taws were considered as having ferred to.the intention nuisi h ve been a right to their country, and as exer- ! eU |, eP t n»t the Choctaws would ulii- cising sovereignly over r U Tne last raa(fc | y f 0l . m a territory bv themselves treaty but one was ue ro,dated by Gen. , which should be taken under the cate In the subsequent treaty, negoeia- t“d liy Mr. Calhoun, Jan. 20, 1825 the same subject was taken up, as follow s: “It is fu rthcr agreed, that the fourth | deaiemws, had been comm tied with- tice dis- d. s Iniiiic s shall he valid, unless made Uy liie l uted States, in the form of a treaty; and tluft it sliall lie a m s-' demeanr, punishable liy line and :m- [ prisoiment, for any person, not em ployed under the authority of 1 he j United States, to treat with any na-j tion oi Indians for their lands. The cotuts i the United States arc direct ed, (si.*tion 15,) to proceed in tr\’r j these ciences, “in the same ..or as if S'ch crimes, offcnri s, ;,n<! iris 1 which they received Irom their ances* j Di-tiele of the treaty aforesaid shall j bi the tounds o! their re t tors the limits ol which are peilw. t- 9 ,j mudelied. as that the Congress li icts.' 1 i bus it :s irrcsistiiile implied fm d by existing treaties be- 1 0 f (he United States shall not cxer-j that the territories of Indian nmior. terpose ki their behalf, and arrest a course of measuress which, as tie y view the matter, will he disastrous if? the extreme. In ihcspr-ei h of ('cl Folsom, whi ll we have given there is direct proof, ns lie spoke by the authority o the U* n; i!, id in the p.eseiice of ail v lid :e-e assend i;-d tlu-.t Ihe chiefs and people, in two o it of tlie three dis til is of the C! f.-taw nation, arc gi<-ntr ly dstressed r.t the prospect of being f • m < Med to remove. I;i tliis niatteT there can be no i«islnke, nor misap lire bension. arc not w lion oi in? al states Of coune, states, 0r not oe c :t mss by tne with their si on cf I- i thin the regular juris di- - 1 4 !t is evident , r.lso, frem C(.1j curt s (it her cf the so- r- , Ful; snr.'i 's spec, ll. ( 'not he would re- or cf the United St a :os i card th e ext < nsit n oj the laws of Mis^ , tne law s of the sev c.-al siss' ;ppi we 1- the Ci liOi-taws, as a great of tiic : In i.t 1 States i ran-! j . ] . f.lii j; ns alt ■ •ether oppressive*) ended ov e r the Indians. i un ! and ps ; r.cithf i men ’• noi less ilmn re- • (Vi.. . t ion of a treat*- n lade ! lltn. inri the iiidra: s t<’ slavery. In t ca vv, ! t.u ex .scut. Of s ich ( over any considi V :u en able ■e of indsans, there has vet been no making- the mws effect on all the: i i lie Choctaws woi In executing tin vhieli must have an r rlenvest interests, ve no tm nence, laws they would ■ •-J- INSMAIYS. From tlw Aiissionary Herald- ^ The reader will have observj that there are two distinct topic d importance, in the above mcntiohei letter from the President, and in t 1: .answer of Colonel Foisom. The first relates to the alleged ire glluence of bad white mm, io prevent ns -4 Jackson and Gen. Hinds. The pre amble soys that it is an “important object” with our government “to pro mote the civilization of the Choctaw Indians ” ami '■to protect them asu na tion.’, The same preamble say3, ••that if is desirable to the State of Mississippi obtam a small part (f l‘;e land belonging to said nation.” On these aceoun's. the southem pail aiof the Choctaw country vv is ••eded to the United States and a large tra-t of land be vend the Misscnippi • S ? h aa annual ’sum of money wr*s ' • e.ived mr a compensation. This w.s nine years ago. It was expected by (he parties, .hat s-' Mi Choctaws, as should prefer j oi\ the general gevemm lit; or that i they should become citizen* of: lie j State of Mississippi, and thus citizens of the United Stales. But neb her o! ; tliese things were to take pla e, ‘ill the Choctaws should have become en lightened, am I Congress should have! declared them to he. so and should' have made an apportk imirnit of their j lands. i In the last treaty, framed !e*s than 15ge years ago, it is soicmiMv stipulated, that the Choi laws shall not be brought under the laws of the. on v i United-States in any sense, but uith the consent of the Choctaw notion '' This is the same thing as to say, that the Choctaw nation is left where il Would remove n our country. 'i no President of the United States h -vr no agctiev V.'hite cottiers would is clothed with as mu h power t'. |e-rnir. into eont* t with almust every e>.e .He i he 1 »■ s for the projection of'- ( hot taw linniv. There would bo the > -•dtais, as to execute any kwsJitih: responsibility fo any human ti n whatever. As iv is a case vvl i li ] bi-v-al- for the manner in whi< h Indiaut it q i.is prompt!evs and decision, «eic-1rented by whites, l.-.w, can the Resident is alithor'sed. by the'the C ■• laws be sure, that the h vs wth section oi the intercou sr law, | will r be franii’d with a £ if id ‘to l.l.e s ch measures, and t * m-1 view to the vexation, expulsion, or ploy such military force. pS he s’lrJI ic.xtirpatioii of the Indians! M’liis l>as jadge ntcess- ry,” to remove any pe •- ■ licen tlirc: -■ rod by whites often: rod s-ns, who rMfaUipt io sciii,; cu fiitlirti! how natural w it, that U’di.irs should ten itii.y.v it rn n o' e no odds, i f*':r.r the cxc i ion ct these threats. r.Mf The (.hnrtti 3. in tic execution of ns. have greatly di’niii ; sb- ice, by seizing and ci s- 1 trr.vi, • »■■!•!« >'■> when discovered iniwic. unccr vviieuie; fcUcn atlem l the tiuthoiiiy of a state or 1) ind v duals in their private capacity. ^Y cannot but oon lmlc, therel-’ie; th: The ( r gw; - j the C ■ tv lilt CIV the life of a hunter, ;ing emigration of the Indians. O i beyond the Mississippi*. In point of Indian nations now w viz under -this influence Col. Poltfotn declares ; frot, few have re moved, if any.— their own laws, and not under the t»f any state, nor of the United Sliis entire ignorance; which was polite way of saying that i: did not ex ist. If such an influence existed to juiy considerable extent it would *j§ei» impossible that hs •>:. 1 1id have rl^iined ignorant of it; and .is char acter for integrity would forbid the supposition that lie m p cle a f:\ise dec laration ( Besides, all thesa transactions <y e re public. Numbers of the infe• fior chiefs and peopleWere present. iThcy heard the letter of the Presi dent translated; on 1, after considera ble interval for consideration, tfley Thus it appears by actual experi- ment. that the people prefer redtaiu- \ iug on the land of their fathers As j it was supposed that some would -e-1 move, a school fviiKl* to lie foc*'led \,i pursuance of this treaty, ir.-as to be divided in the proportic;.i 0 f three-! quarters to ihe sehor;/ g Ci -, st 0 f t |, e Mississippi, that i^ in present Choctaw country , and one-quarter for schools a - oiw ’ the President is mistaken, in suppos- .... , , , , ing that lie lies not power to prevent was originally, and why-re the other .i & . ■ . i r■ ■ - -- - J u,t the extensiou ol the laws of Mississ pi over the Choctaw country any ,:n- in vt:. ' v.-.-i 4 ■ •/, within tin !> i law s of i'.sif - : • carried to eve r!v .Hot under the ■ hi-1 r \ Hi v I O mins dooi. If all laws States. iwonid be th- s carried; and nearly The question is sometimes asked, J he (lioctav.s. ■ vceft such as are rn- Whelher it would not be better for j dcr the. piiwci ful icfluence of religii n, the Indians to come under the laws of j would he inesistiMy tv mp'cd. in tin ir Where can le the difficulty, theu. (the several slates? A full answer to!state cl vrssa!«>;e rnd despondency to in preventing ihe laws o! Mississippi! this question wouh; lead io a louge.r i abandon t 1 iiis.'vrs to d:inking, ii.ie- froni being extended over the Choc- j dis» ussion than is now desirable j ness, and ■ ■. n> v taws? Treaties arsv declared. In the I It may be safely sad. however. Mint j It has l;i\-n :'!■*. ih in'hunted that constitution of the United States, inot one of the states, which claim • while men would < very where ceme to “be the supreme law of the land, juiisdivlidn ov er the Indians, lias the! into ecu act with Tn'iians, if the h vvs and the judgi s, in every slate, shall [slightest intention of | lacing the In-' i f the sev er.1 Sir.t s were ext'Cia! d be bound thereby, any thing in the! drans; as to tlieii peisnn.nl and eiviU ever them This v culd certainly bo oatm; with "b° intght emi-1 c0ns titutiou or laws of any si: te to the j rights, on the same g.ai.i .v, me -west ol the Mississippi ; tl-d L:7: «..n It is Tnanit.ost, tluy-efore, that in Ihe ^ 1 - S | ^. 1<J ;vith the’execution of Ibe jaws-, and it ! he found impossible <o carry if into i r.i j • f ti I M>f\ " \ * e P. P !. s !|I*' P f.' ma ; lf ’ ! ^ t ) I \ V0U |d seem that he should have a client. Some of these states have heard the reply of the -.ll.ef. Tte, land,, v^iicl, ll.ey then rahSb- , , ; ,!i 0 v ahead, cna led law., v.hi, I ituist have known whether they had ltpi1 1 • - "... ■ ^ .themselves- been influenced, by while men, or not; r.nd if their chief, in his :t i case. The ftrtes do not covet barren title of sovereignty. They had such an intention, it would!exnect that ihe l.ite ! itc. si;- i t be present circumstw.ncs, had uttered xvhat they knew to be false, they ■Would probably have exposed him. At any raio, be would have lost that 'influence, which be lias been many ■years in acquiring, and which lie just ly values as the means df usefulness to !ns countrymen. The proceedings •at this council alone, would, there fore, seem to pi-C?e, that the Presi dent must have been misinformed as :io t.l#* influence of white men on the -question of removal. It is remarkable, that w r hilc the 'IPresideiit sup-noscs white men to ’havd used an influence with the Choc hinds of the Indians w T he divided among the whites.— Tics is the p ofessed and avowed as they ! aneauy cna; ted laws, w hic h declare j r ound of al! their proceedings, in ie- Cviginatc with him, and the faith of that no Indian, or descendant of an ; lation to the subject. Let il be sup- Wlien the State of Mississippi (lie nation is confided to bis care; | Indian, shall be admitted »s a v» itness posed, tb< n, that measuies should be was formed, the Choctaws were re-1 Till the Choctaws, as a nation, have 1 in any court of justice. This is a Taken to bring the Indian lands into siding on their aneient possessions, formally consented to be governed by' sufficient specimen of the kind of Th-* market, reserving to each head, of The-.s** possessions had been acknovvl- the laws of the United Stall’s, and I legislation, which w ill be pursued res- edged to belong to the Choctaws, in Congress shall have pronounced them ! pet ting the Indians, if they are to be six successive treaties, during a pe- to be enlightened, and shall have di- j brought - 1 - 1 i- - 1 - „,,wi ,.r thirty years- vided their lands, — 1 ' riod of more than thirty years, vided their lands, and declared in Neither the government of the United what sense they shall become citizens States nor private citizens of the; of the United States, and how their United States, could encroach upon rights of.personand property shall be the Indian limits. How could the! secured;—till all these things shall United Stales, then, confer on a new , have been done, the treaties, not one Btate, formed in such circumstan ces, ’ of which has been abrogated, throw a the power of rendering so many trea-' a wall around them- which no indi ties nugatory? the power of doing • vidua!, nor any state, has a rigid to alone, as a single member of the j pass. Of course, the treaties alone Union, what (he whole Union was afford sufficient authority*to prevent restrained from doing by the most iany encroachment u[\on the territory under the laws of the Stales. 3. In regard to Ihe feelings of the Cherokees, Chickosnws. and Choc taws. respecting their removal, the evidence is abundant, that they are generally, if not universally, opposed to it, in tin' strongest manner. When ever individuals of these nations as sent to it, there is reason to believe that they do so, merely because they imagine remonstrance to be useless, and the advise of the government to be n ludian family, the finm whi'li be now occupies, is it not w nJ’es th T the whole country would soon be filled with a white population? Let it be supposed, moreover that. by the lawg of the States the form of every In dian might be sold by him, or til,cn in execution for debt;—and all this, while no Indian could testify in a court of justice, much less sit as a ju ry man, or vole for his ruleis, and while be would he surrounded by sel lers of whiskey, and some of the in habitants, at least would defraud hiiik if they could;—and while he wodW