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CHEROKEE PHOEXIX AND INDIANS’ADVOCATE,
-I" 1 - ' ■' ■> ' ■■ N!' , II —i. L , . «
as between themselves? Do we |
prove their wills, or grant letters of:
adiuinistralion upon their intestate's I
estates? Du our Sunday laws, our
school laws, our poor laws, our laws
concerning infants and apprentices, or
concerning idiots, lunatics, or habitual
drunkards, apply lo them? &c.
# # # '# #
Through the whole Series of our co
lonial history, these Indians were con
sidered as dependent allies, who ad
vanced for themselves the proud claim
of free nations, but who had volunta
rily, and upon honorable terms placed
themselves and their lands under the
protection of the British government.
The colonial authorities uniformly ne
gotiated with them, and made and ob
served treaties with them, afc sove
reign communities, exercising the right
of free deliberation and action; but, in
.consideration of protection, owing a
qualified subjectiou, in a national, but
uot in any individual capacity, to the
British crown.
In 1776, Congress resolved, that
they would chastise the Senecas, who
had joined the enemy, and would re
duce them to terms of peace; and
when some Seneca chiefs appeared at
Philadelphia, they directed the Board
of War to inquire, whether they came
in the character of representatives or
ambassadors of their nation? And
when in 1779, Congress had resolved
upon terms of peace with the Indians,
the conditions were such as would he
dictated to a public enemy, known as
such by the laws of war; they had
• not the remotest resemblance to the
terms or spirit of a negotiation with
T citizens or subjects who had broken
their allegiance. In 1783, Congress
expressly waived the right of conquest
over the Indians, and recommended
proffers of peace and a friendly t rea
ty, for the purpose of receiving them
into favor and protection.
# # * # *
In 17S4, there was another treaty
mqde between the United States and
the six nations, in which perpetual
> peace and friendship were declared
between the contracting parties, and
the United States acknowledged the
lands reserved to the Oneida, Onon
daga, and Cayuga nations, in and by
their treaties with this slate, to he
their property; and the treaty contains
• this provision, which lias a very im
portant and a very decisive bearing
upon the point under discussion:
The United States and the six nations
agree, that for injuries done by indi
viduals, on either side, no private
retaliation shall take place, but com
plaint shall be made by the injured
party to the other; that is, by the six
nations, or any of them, to the Presi
dent of the United States, and by or
on. behalf of the President, to the
principal chiefs of the six nat ions, or
of the nation to which the offender
belongs. What more demonstrable
proof can we require, of existing und
acknowledged sovereignty residing in
• those Indians? We have here the
forms and requisitions peculiar to the
intercourse between friendly and inde
pendent states, and they are confor
mable to the received institutes of the
law of nations. The United States
have never dealt with those peo|de,
within our national limits, as if they
were extinguished sovereignties.
Thev have constantly treated with
them as dependent nations, governed
1 by their own usages, and possessing
- governments competent to make and
.to maintain treaties. They have
considered them as public enemies in
war, and allied friends in peace. If
mere territorial jurisdiction would
make the six nations citizens of this
state, the same effect must have been
produced as to the numerous tribes of
Indians included within the vast ter
ritorial limits of the United Slates;
and it is worth a moment’s attention
to observe the rejations existing be
tween the United States and the In
dians, to the south and to the
w*st.
fThe Chancellor then proceeds to
consider the treaties of the United
States with the southern and western
Indians, an.l particularly those with
the Cherokees, which have been so
fully examined in the numbers of
William Penn, and arrivers at the
same conclusion with that distinguish
ed writer, thirl in the fact of tuck trea
ties, it it Ml* M contend that these In
dians are not ll so-cereign trite*.”]
To the wish expressed in the fol
lowing paracraph, every honest man
will say. Amen.
When the time shall arrive for us
to break down the partition wall be
tween us and them, and to annihilate
the political existence of the Indians
as nations and tribes, I trust we shall
act fairly and explicitly, and endeav
or to effect it with the full knowledge
and assent of the Indians themselves,
and with the most scrupulous regard
to their weakness and prejudices, fiftl
with the entire approbation of the
government of the United States.
I am satisfied, that such a course
would be required by prudence, and
would become necessary, not only for
conscience sake, but for the reputa
tion of our justice.
[From the following‘para$raph, it
will be seen that so late as the year
1813, the legislature of New-Ydrk
has recognized the distinct national
character of the Oneidas, a tribe who
do not reckon, in all, oni thousand
souls!]
So late as the 5th of April, 1813,
the legislature authorized the gover
nor to hold a treaty, jn the part of
the people of this state, with the 0-
neida nation of Indians, and with arty
other Indian nations or tribes within
this state. And here let us ob-
count of their proceedings as reported
in tie Cherokee Phoenix. — Cl. Cour.
13th.
Fron a Portsmouth Paper, of Oct.
HYDROPHOBIA.
Xeatliof Mr, Ikrvey.— On Tues
day, 9th June last, Mr. Hervey re
ceived a slight wound iti the cheek
from a house dog which he kept
chained in the yard; hut the hurt was
so trifling that no notice was taken of
it at the \juic. The following morning
Mr. Hervey went forward to the dog to
caress and fondle him, as frequently
was his custom to do, when the ani
mal immediately seized him by the
fleshy part of the arm, inflicting a sad
painful wound; ahd it was with the
greatest difficulty and exertion that
Mr. Hervey could extricate himself
from the dog, as the animal continued
to hold fast by the first gripe he had
taken. Being now apprehensive
that all was not right', Mr. Hervey
lost no time in repairing to Belfast,
! and wailing on Dr. Purdon, until his
j arm healed up, and he apparently be-
! gan to think that the danger was not
so great as he, at first apprehended.
, The dog had been killed immediately
serve who were to be the contract-1 a |q er biting him, so that it was not
ing parties to this treaty, by the very
words ef the statute. They are the
People of this state on the one part, and
Oneida nation on the other. What
language can be more unequivocal (o
the show, that the Oneida nation was
then subsisting as a distinct cominu-
nitp
teYj & as competent to treat in thhl
character, and that thev did not foini
actually ascertained whether the an
imal was in a rabid state or not, Mr.
Hervey at length began to relax in
the regularity with wjiich lie had
been wont to take the medicine pre
scribed.
... . r Nothing particular occurred till
recognized in a national charac-, the first of September twelve weeks
fiom the day he received the wound.
On that day, feeling ill, he sent
an integral part Of the people of lllis f or Ur. O’Neill, of Comber, who
state. Indeed, so clear does this j communicated lo his friend Mr. Mil-
point ap f ear to my judgement, that if! i er , his decided opinion that Mr.
it were not for the great authority of
the opinion which we are reviewing
and for the able argument whi- h ue
have heard, I should suppose that I
had been combating a shadow.
Cherokees.—The situation of the
Cherokee, Creek and other tribes of
the Southern Indians is, at this lime,
particularly interesting. The Chero
kee nation presents a solitary instance
of a regular government, a .written lan
guage and a considerably advanced
state of civilization among Indians.
They have their constitution of
their legislative assembly in two
branches consisting of their committee
or lower house and their council or
senate, ■& an executive, consisting of
the Principal Chief and the Assisi ant
Principal Chief, corresponding in a
measure to our President and Vice
President. We have before us the
address of the Principal Chief on the
opening of the Legislature—and a
number of the Cherokee Phoeiux, a
national paper printed partly in the
Cherokee language and partly in En
glish,which gives a very regular report
from day to day of (heir preceedings.
The whole of their irtternal affairs
appear to be managed with an intelli
gence and regularity which would do
no discredit to a government longer
established and people claiming to be
far more civilized. This is an expe
riment in the evilization pf the obori-
gmes which promises success—and if
successful, would go in sonic measure
toward repaying these abused people
for some of the numerous injuries
which have been inflicted upon them
by their white brethren. They how
ever rcqui.e rather to be encouraged
artd aided in theif efforts by their more
experienced neighbors, the whites—
t the best, they labor under every
disadvantage and discouragement.
But if, i stead of endeavoring to bring
them further and further within the
pale of civilization, they be drive r
from their territory and forced into
remote and barren regions, they must
inevitably return to a state far more
degraded than the original rudeness
irt which our ancestors found them—a
state in which will cling to them all
the vices of civilized man with but
few of his virtues. As inevitable as
this result would be, and as disgrace
ful to ourselves and destructive to the
Indians, there will doubtless ho an
attempt during the present session of
congress to effect their forcible re
moval. Our readers will notice on
this subject the very able and excel
lent articles published by a writer un
der the signature of “William Penn,”
who presents the subject in too strong
and forcible a light to admit of.any ad
dition by ns. We give, however,
below a couple of extracts, showing
the nature of their legislative pro
ceedings. The first is from the
message of the Principal Chief before
referred to, and the other from an at-
Hervey had all the syrnptohis of con
firmed hydrophobia. M.‘Miller then
sat by his bedside and tried to soothe
him as'well as he possibly could; but
he shook his head and replied, “No,
Miller, I am no child; I know my
fate is sealed, but the will of God be
done!” He could taik of water with
out the least concern; hut he seeined
totally at a loss to account for the
appearance of it giving him so much
uneasiness and horror.
Collough that he would come out of
the bed. This Mr. M’Collough pro
tested against; and the other imme
diately replied, “You arc right, but
for God’s sake do not leave me. I
am perfectly in* my senses; but oh!
that dreadful moment is beyond the
power of man to bear. If you leave
mo, I cannot prevent myself from
jumping out of the window.” His
friend assured him he would not leave
him, and requested him to lie down,
lie replied with much vehemence,
“Oh! do not ask me, do not ask!”
but immediately adding, “sure you
are hot afraid of me? indeed, you
need hot be afraid, ” and his friend pro
testing that he was hot, he held ont
his hand with an affectionate look,
’’Shake hands with me.” said he;’ and
then grasping Mr. M’Cullough,s hand,
he blessed him.
Ina flioment lie became perfectly
calm: his voice resuming its usual
tone, and his countenance its wonted
serenity. By this time Mr. Miller
had returned from sending for the doc
tor, and awakening inmates of the
houses. Calmly and collectedly the
sufferer then addressed his friend:
“I did not expect this so soon. 1
thought I should have had a little more
warning, I knew it was to come, but
did not expect it till to morrow. ”His
aunt and a young lady, also came into
the room. Me shook them both
affectionately by the hand, and said,
“I would be glad to kiss you, but dare
not for fear of consequences.” Du
ring one of the intervals, hearing his
watch tick on the table, he said, “Is
not that my watch?” On being told
that it was, he called one of his friends
forward, to whom he expressed him
self under many obligations. “Here,
my dear friend,” said he,” take this
watch and wear it as a memento of
your friend, poor John Hervey; and
when you have occasion to look how
time passes, sometimes think of me,
and the circumstances under which
I gave you this memorial of my
Having put his hand to his chin and
found his hoard long, he asked Mr.
Milter if lie thought he could shave
himself. Mr. Miller, fearing that
his hand would not be steady enough,
proposed that the operation should be
done by another person. The applic
ation of the soap to the face of the
patient made him shudder with in
voluntary dread; but after preparing
himself and shutting his eyes, he was
at last able to allow the operatiau U
proceed. Whenever the razor touch
ed his face a slight shudder succeed
ed. Mr. M’Cullough and Mr. Miller
remained with him during the night.
He tried to take some mil-, but
u lien it was placed beiore him he
felt a slight shock on touching it.—
He was at length able to take two or
three sips; when suddenly raising him
self up in bed, and speaking very
rapidly, he said lie was choking, and
cried out for a door to be opened; but
no sooner was this done, than he ex
claimed, “Oh! shut—shut—shut —
thfi air, the cold air—I cannot hear it!”
He shortly afterwards look some mor
phine dropped on suger. In a few
minutes more, he called for one of
his friends, and requested him to hold
his head that he might try to sleep.
Mr. Millet* complied; but in about
three minutes afterwards he was sei
zed with a Spasm, accompanied by a
horrid and terrific distortion of coun
tenance. Mr. Miller rushed from
the bed in an agony of horror, and
had only strength sufficient to tell
Mr. M’Cullough to take his place.—
Instantly Mr. Hervey jumped up in
bed, crying to his horror struck and
almost paralysed friends, “I see you,
boys!” and then, as it were master
ing his excruciating agony by a power
ful effort, he cUhlinued in t calm but
scarcely less terrific tone, “it is all
over—call the house—send for a doc
tor.” His friends gazed in speech
less horror for a few seconds; and the
silence was at last broken by the un
fortunate sufferer, who, observing that
that th. y were making a movement as
if to leave the. room, called out,
Miller, Miller, do not leave me—be a
man; ’tis over, and I am quito collect
ed; do net be frightened—depend on
it I will not harm you.” His friends
being somewhat recovered from their,
fright, asked where the men slept.—
He immediately answered “above
stcirs,” and dcsiied Mr. Miller to call
them. When that gcnleman left the
room, Mr. Hervey said l* Mr. M*
spark of pity remaining in them. Some
of his labourers came in and assisted
in holding him down. So intolerable
was the dreadful agony of the.sufferer
that lie threatened to bite those who
held him if they did not kill him or
let him up.
Fearing that the courage of Ihc^
men might fail Mr Miller called on
them to remain firm if they valued their
existence. Upon hearing this the tor-
tured>ufferer exclaimed,“Miller, you
savage, I trill never forgive yoli!” He
continued beseeching those about him
alternately, to put an and to his pain;
when, finding all ineffectual, he cried
out,” If ever the soul be allowed to
haunt those who have done them
wrong, I vill return and torment you
all.’ He then ceased shouting, but
three or four times he was heard to
say in au under tone, “Severe, terri
ble]” in a manner that showed tie was
perfectly scusible, though the agony
in the height of the paroxysm was too
great for even man in his senses to
bear—-His voice began lo change, as
if suffocating;, he could articulate
nothing, hut fid frequently pressed
the hands of his friends as if intirna-
ting his gratitude for^ their having ful
filled the arduous task lie assigned
them. At twenty minutes . to four,
squeezing the hand of one of his friends
and breathing his name, he expired.
Uumrw
friendship.”—He made several beau
tiful prayers, and then asked Mr.
Reid, a young clergyman, who was
present, and of whom he expressed
a very high opinion, to pray with him.
This was immediately complied with.
—lie spoke of a young fiiend who
died about three years ago, to whom
he was very much attached.
• The fits now become more frequent,
and he requested Mr M’Cullough
and Mr Miller to hold his hands.
Every attack now continued longer,
and appeared more severe. At about
half past one o’clock he said he felt a
curious sensation—it was in hid limbs,
as if he were pricked with the x finest
needles— a pricking, as if the finest
silver barbed arrows were darting
through every portion of bis body; lie
said, it was altogether a most delight
ful sensation. His nerves became
most sensitive.' The least noise in
the room—a change in the light of a
candle—the moving of a shadow on
the wall—a relaxation or compres
sion of the hands of those that held him,
gave him the most excruciating pain,
and lie would exclaim with a heart ren
ding voice, that it Was cruel so to use
him. Shortly after this, the saliva be
gan to make a noise itvhis throat ;he lost
his voice; but he showed by significant
gestures that lie was pcrfetly aware of
all that W'as passing around him. As
the tits came on him, he appeared
to place himself in that position as if
he wished to rest on his head and
heels, while his body moved quickly
up and down accompanying such mo
tion with an agonizing groan. These
fits at length ceased, and he lay from
10 to 15 minutes so still that all ex
cept those in tl-e bed room with him
supposed he was either dead or dying.
Suddenly, with a voice loud and
strong, as if in perfect health, ex
claimed, ‘here boys, do your duty.
The awful moment which he had
dreaded, and vainly hoped to escape,
had come. He instantly became
dreadfully convulsed, every muscle
was distended to the utmost stretch,
while the spasms, commencing at the
stomach, seemed to roll up like a large
mass to his throat, where the breath
rattled hideously, as if vainly seeking
a vent. Mr. M’Cullongh and Mr. Mil
ler immediately seized his wrist,
while the Itcvd. Mr Reid laid him
self down across him.—He struggled
dreadfully, and appeared to wish to
get himself out of bed. He screamed
with the most appalling agony, and
called for Dr O’Neill to cut bis jugu
lar vein. He besought his friends a-
bout him to put an end to his horritlle
torments, if they had the smallest
CHEROKEE PHCEMX.
NEW ECIIOTA: DECEMBER 30, 1829. "*
We have the unpleasant task to inform
our readers, that the Secretary of War ha*
countermanded his late order for the re-
ktioval of the intruders. What does the ex
ecutive intend to do with us? To wear us
out liy degrees;undoubtedly. It is loo much
to he treated thus when we have to bear
continually the insmfferable 1 acts of aban
doned white men, who are' preying upon
us. Where is the faith am| Justice of the
nation, if treaties are thus to ( be\l' *egardcd
merely becduse the state of Ga.has alledged
an unfounded claim to a portion of our
country. We repeat what we have here
tofore said, it the state has tny claim, lei
her first establish that claim upon equita,
ble principles, not by such disgraceful prop
ceedings which has characterized her con
duct, in the mean time let intruders be
kept at a distance. This would be justice
and we could have no complaint to make,
But as the case now stands, we have seri
ous apprehensions that we shall not be
treated with justice. We do hope our
apprehensions may be unfounded.—The
Cherokees feel deeply on this subject, and
they think they have reason to distrust tin
Government, Time will show.
We wish the reader to bear in mind, that
the following is the fourth order.,from the
War Departihept, relating to the present
intruders—two for their removal, and both
have been countermanded. Such a course
of conduct would justly subject any indi
vidual to the charge of instability,
War Department,
26th, Nov. 1820.
Sir,—When you were directed
forcibly to remove all intruders from
the Cherokee lands by the 15th of
December, an expectation was had
that General Coffee might be able
to make report to the Department,
as to the title ttfthe country; and as
to the dispute which prevails in re
gard to that subject—that expecta
tion now must fail, Geiiferiil Coffee
cannot be lieat-d from, arid hence the
necessity of deferring the execution
of the order for the present. The
commanding bfficer at Fdrt Mitchell
has been instructed not id advance un
der any order from-you into the Cher
okee Nation until he shall receive
further orders—Urge on the settlers
the necessity of retiring from the In
dian lands to the east bide 6f the
Chattahoochee river as a matter of
justice to themselves, because so soon
as General Coffee’s report sliall be
received and a decision had on it,
some immediate and definitive act ion 1
may be expected to take place—For
the present let any further step do*
your part be forborne—
Respectfully *, • '
JNO.«H EATON./
Col. Hugh Montgomery
Cherokee Agent-.
Who is to make the decision, we know,
not. It must certainly he in favor of the
Cherokees, if it is decided Agreeably to e\>
idence. We have seen most of the state-
mentsof individuals of this nation, which
have been collected by General Coffee, and
they sustain the rights of the Cherokees
strongly. They are not like.the affidavits
procured by Col, Wales, which are all
hearsay—but they are to the point.