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CHEIJOKlISi. PMSE^pX, Ml Ilf IMAMS 9 A©¥®€ATM
PRINTED UNDER THE PATRONAGE, AND FOR THE BENEFIT OF THE CHEROKEE NATION, AND DEVOTED TO THE CAUSE OF INDIANS.—G. IXM/iM/i'i , I LDU 1.
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NSW BOHOTA, WBDMESSAY JAmrA&r £7, 1830.
KO. 42,
Tr ‘ 1 tsufwrjL. x ::
pnisTr.nwEt-Ki.vnY : claims, as the? Cree s were, before Indians, it being- a matter of express
J>0. *\ WILE ELEH, 1 tlrt treaty of the Indian Spring; there-1 and positive stipulation with them,
.. if in advance, t*3 in six l * ore the Cherokees have, at the pres- perfectly understood by them, and op
Whs or ^3 50 if paid at the end of the lent time, on the authorit;
^ ai . '* * 1 j or I roup, claims to he extinguished 1
*'L’osubscribers who can read only the I by treaty, and neither the title, nor
felnrokee language the price will he #2,00
th advance, or $2,50 to he paid within the
year.
.Kvery subscription will b" considered a*
Son tinned unless subscribers give notice to
the cont rary before the commencement 0 t a
ne\v veir,and all arrearages paid.
Anv person procuring six subscribers,
and becoming responsible lor the payment,
shad receive a seventh gratis.
the jurisdiction, of the Cherokee
country has yet become absolute in
Georgia.
Proceeding in his argument, as to
the effect of the treaty, Gov. Troup
says: “‘.Soil and jurisdiction go togeth
er; and if we have not the right of
both, at this moment, we can never
have either hy better title. If the
A Ivertis'unrnts will hr inserted at seven- 1 absolute property} and the absolute
live cents par square Ior t,l)■" tirst * l>s ^' jurisdiction have ’ not passed to us,
when arc llicy to come? VVill you
tloa, asv' thirlv-seven and a halt ceuls foi
each cdniinuancc; longer ones in propor
tion. , ,
’t Z3** VI le'te” 0 a 1 Irsssrd In 15‘litor
post paid, will receive due attention.
or w y ,iif.3uc*d ad n s i J e &, es .1 •
y>nw.r.oi.t TA..4r* v-v riurnA.i
no.OE KT.l n ? p
make a formal concession of the lat
ter? When and how? If the juris
diction he separated Trom the proper
ty, show the reservation which sepa
rates it: ’tis impossible.”
The design of this argument was
to prove to the General Government,
that Georgia might properly -survey
the newly acquired land immediately;
erating for their protection
A Select Committee of the House
of Representatives, in a Report made
to Congress', March 3, 1827, cite a
passage from a letter, addressed, by
!fie Senators and Representatives in
Congress from Georgia, to the Sec
tary of War, dated March 1824; in
which the writers are understood to
say, that the Cherokees are “to be
viewed as other Indians, ns persons
suffered to reside within the territo
rial limits of the United Stales, [that
is, the limits of the peace of 1783,)
and subject In every restraint, which
the policy and power of the general gov
ernment require to be imposed on
them, for the i iterest of the Union,
the interest of a particular State, and
their Own preservation.”
Here it is imvdied, that whatever
Court of the
jurisdiction of the Indian country to 1 an absurdity"
be in Georgia. Rut the decision of; already ruiotf
made, must be beyond the reach of j necessary f6 the protection and seen- 1
vio 1 tio . n * . , i lily Of nit parties,) as a denial that?
It has been said, that the supreme the Indians have any rights at ail—*
mil of the United has declared the) The Court gives no sanction to s licit
Rcside the passages
, , nlrendv quoted, are several others in
the Court, in the omy two eases; accordance with the same urine*-'
which I have seen quoted on till's sub- i pies. 1
jecl ,lo, ;s not toilet, Iho ntteslia, of ‘ It |,„ never*™ contctKletl,”
H M . i , ’ ? llitconrt, “tl,„, ,| IC |„ llia „ , lp ‘5
ti,»t (lift Court I irons out some ox-•, , l( . ir ”.
press,tins, tv „eh were. .iKiinfostl,' ,,„ sst .ssi„„ |, M never tree,, (lu-sWd
ten,1,1(1 tor tile protect,on el lire In- .The el.im ef sorer,onem ext ,d,
,t,.,,,s ... Ilieir mU o( eceu|,»ne,; tout il01hs complete nllimete tide, f/W
,s, tint right til possessing o.vn [mlklUitri-l.t „f matmm ■ml V A
country, to tlie exclusion of the | exclusive rnnrrU,i f '• • ., tc .
whites, without limitation ol tune. gyrp J 1 ° V 4 *-
The court decided, in (he case of! ,,,, . .
Fletcher and Peck, that 1 be coni in- 1 hn . ,ndl! ; ns i have the right then, cf
possessing their country, without Jim*
Ration of time; though they are rw»
strained from selling their country (« an
113 individuals, or any eornmuitiiy, ev-
gent interest of Georgia in the Indian
territory was ef such a nature, that it
might Ik* grouted to individuals, and
(might not improperly he designated
ihy the technical phrase of femu in
o’otrj
T(S*Z TriBW” D O.T&g? 1 )'<*>•)•
t.er- v. tu kt
Dv-’l O’O.lll.T DI• IVf.fr'S.A'E7. rI? > •'
sia 71* t.t, o-y.TT n "'-' O'oie.i The argument, is this: By the treaty, j he effected.
«ivy: o’c.R .iWuic-y, wr«v 15 ’ ^ ; ilie right of soil became absolute in | only rational
1 VJ.V.J?; *3, T'~z TV MO-t* DO”
restraint is imposed upon the Indians,
must lie imposed by the general gov
ernment, as well .when ‘ the interest r/jciipnnev, winch
though the Crecl.s were not ofiliged \ a particular Plate''’ is concerned, ns Lin be respected hy
to remove till September, 182G.— | when “l/ic interest nf the Union" is <0 ! it snould have been
D°on\i ^4 s.
ict a?:
U.in noDSe?OijT.i.
D
:p o^y-v* o j, mii
ACC
TS Fan TilV. CHEROICRE
PIKENIX.
T!io following pei^.ns ar« authorized to
-Pf.e.ivp snh .•notions and payments for the
GhiM-ok-ee Pii.rnix.
Messrs. Pt.irce & Wii.t.iams, No. 20
Market St. Wo: ton, Mass.
(i-oiGK M. Thacv, Agent of the A. B.
y. F. M. Now York.' , -
R’v. A. I). hinny, Canan lh’-gua, N. Y.
»r,v ,M .s lI\sriXG«i Utica, N. Y.
To r.T.vcn Sc Cox vans 1 '., Kichmon 1, Va.
Jltv; J.v?.isb C \Mi>r.r.r.r., W an fort, S. C. I
Ww.Tt.VM Morr.Tr.iF, ltr.m, Cliarhston, 1
3/ c.
0 >l. Ci'r.or.or. S-tlrn, Slat-svillr, W. T.
AYh.mam M. Commsj Nashville, Ton.
Bexxft Rouf.otS) Po-.ral, Me.
.Isnx.'ti mi A hot it., Mobil',') Ala.
Ilrv. Cvncs ICixgsiiuhy, Mayhevr, Choc-
Maw Nation.
Caot. AYii.mam Ror.Er.Tsox, Augusta,
fSt'orgia.
Col. James Turk, Bcllcfonte, A.a;
_ | Georgia, and the rigid of jurisdiction
accompanied right of soil; therefore
Georgia might immediately exercise
the power of surveying the lands.—
Without giving any opinion, as to the
eonelusivcuess of tlqgkGovernor’s rea
soning, it is evident, (and for this pur
pose I have cited the passage,) that
he considered the title as haring passed
I ft 53 i A N
From th" National Intelligencrr.
.ffrlESF.NT CRISIS IN THE CONDITION
OF TIIF. AMERICAN INDIANS.
NO, XXI.
tt is at the present moment a favor-
•ite doctrine of Georgia, that the right
of soil in the Indian country and of
♦overeiguty over it, is vested in that
dlate; and has been thus vested, ever
since the peace of 1783. Asa conse
quence of this assumed right, the
Senate of Georgia openly declared,
in December, 1827, that the stale
might properly take possession of the
country by farce; and tint it was ow
ing to her moderation'and forbearance
that she did not thus take posses
sion.
B it Gov. Troup appears to have
been of a different opinion. In his lot -
tyr to the Secretary of War, dated
June, 3, 1825, speaking of the treaty
by which he supposed the territory
of tlie Creeks had been ceded (in
Lg means of the treaty. Consoq
the title, both in respect to jurisdic
tion and soil, was previously in toe
Crocks, and not in Georgia; and, of
course, the title of the Cherokee
country both in respect to soil and ju
risdiction, is nou in the Cherokees,,
and not in Georgia.
I entirely agree with the Governor,
that the soil and jurisdiction go to
gether. The letter of.lhe President
of the United Stales to the Chero
kees, hy which they were assured
that they should retain possession of
their lands, though they should come
under the laws of Georgia, must have
[been founded altogether in mistake.
Where is the power in the general
government to secure individual Che
rokees in the possession of their lands,
after the- Cherokee community shall
have ceased to exist, and the individ
uals of which it was composed shall
have come under the dominion of four
or five different states? The Senate
of Georgia has declared, that the
Cherokees, as individuals, will not he
suffered to retain more than a sixth
part of the land, which is now in -the
possession of the Cherokee communi
ty within tlie chartered limits of
Geo gin. As to that sixth part, how
could the President of the United
States secure the individuals in the
possession of it, or guard against the
die. t of Slate laws, which might bo
designed to operate in such a manner,
as should speedily .deprive the Indians
of what little property they now pos
sess?
In the written communication of
Messrs. Campbell ami Merriwether,
eminent citizens of Georgia, a tin.;
as Commissioners of the United
fie\ though this contingent interest
was subject to the Indian title ef oe-
title was certainly
all courts, until
legitimately ex-
This is certainlv tlie i tinguished.’ G Craneh, 1 12.
construction, which cpn ! In tlie east' ol Johnson and
he given to the whole history of our jtosli, the point decided was,
intercourse with the Indians since the grants of land, by Indian chiefs to in-
ad >plion of the federal constitution.
Rut there is cne more sourer of
burn g
MtpnneyJ
evidence on this subject, w hUli is of a
still more striking character, and
which should set the question at rest,
even in tlie minds of the people ol
Georgia, l! is the. constant admis
sion'. on th.c part of that State in Ivor
most solemn acts of legislation, ikat ; exclusive right 0! the
the ft:dim) lands within her chartered
limits, are acquired for her esc,
through the medium of the treaty-
making power, wliii h is vested exclu
sively in the United States. This is
manifest in the very titles cf her
laws, as well ns in the enactments.
The statute book ef Georgia con
tains on act. which was approved by
Governor Troup, June fi, 1825, of
which the following is the title.* vir.
“An net to dispose of and distribute
tlw lands lately acquired by the Uni
ted States, for the use of Georgia, of
the Creek nation of Indians, by a trea
ty concluded r.t the Indian .Spring, on
the 12lh of February, 1S25.”
lit the first section it is enacted,
“That the territory acquired of the
try. The reason assigned is, that
the rulers of the F.uropean nations,
the legislatures of the colonies he-j ol law
fore tin* revolution, and e< the sever-j fore, to
a.I States, and the United States, finer
cept the general government ;rr restraint
which operates altogether in theii*
favni'i
Again, tlie court says:
right Jtlie Indian title of er
is no more incomputable tfhh n scisiii
j in.lee, than a lease for years is, and
;*In- i nii^.it as effectually bar an eiO"t'-
Riat | nn--i.it.” p. 592;
consider this passage r,s rr.ort d<M-
cf 1 ltd
land 03
dividitnls among the whites, cannot be lively in favor of the right
sustained bv the courts in this conn-j Cherokees to remain on their
long os they please. Most readers of
Newfpapcis do not understat'd terms
1 must be permitted, there*
attempt rn illustration of
t is, to a huvri
pcrieclly
penn nations, neeesssarily gate to
the nation making the discovery the
Crock nation of Indians, by the Uni- j sole right rf acquiring the soil front lie
ted States, for the use of Georgia, as natives.
described in articles of a treaty en
tered into and concluded between
commissioners on the part of the Uni
ted Stales, and the chiefs, head men,
and warric-iS of the Creek nation of well as just claim to retain possession vj
Indians,” &e. ' | </, and to use it. according to their
This is a perfeeMy f:ir statement ’own discretion.” p. 57-1.
of the ease. If the territory teas late- j \ < t as the Indians could net sell (0
Itj acquired of the Creek nation, it man-: foreign nations, except to the discov-
itestiy belonged to the Creek nation erers and those claiming under them,
before it was thus acquired; and if • (this being a matter of »;greemft..t *a-
tho lerri ory belonged to the Creeks, mong the European nations:) and as
• lie revolution, have a.ll assorted the
overement to
extinguish tlse Indian liile. The
court did net feel justified in going in
to the considci etion of abstract prin
ciples The question to ho -decided!
was c mixed question of national and 1
municipal law, wl ieli had been set
tled by tlie practice rf tlie govern
ments of Europe and America, from
the discovery oflltis continent <0 the
present time. Rut the court was
very explicit in admitting the Indian
title, of occupancy.
After stating, that the governments
of Europe agreed among themselves
to respect the right of discovery as j which land is at present in the posses**
claimed by each, the, court said: j sion of the Cherokees, no more prove j
exclusion of alt ether ITtro-jthr.l the Cherokees are not the “richt*
fnl occupants of the >ail, with a "le
gal as well ns just claim to retail)
possession of it,’ than the fact that
tul establishing settlements j A. is seised in fee ol land, of which
upon it.” 8 Wheaton, p. 573. | B- has a good lease to him and his as*
Again: “They [the original inhah-[ signs for a term of yearn, proves tha*
itanls] were admitted to ho the right- j A. may bring an ejectment aaniust IR
ful cecvpants of Ike soil, with a legal as | while the term is micxpirpd. As in die
alter ease, A. and bis heirs must
plain.
If A. holds land In himself and hi*t
I it 1. s (01 e \ e r, |j e is Ya. id 10 1 ,e si ty.di in
lee of that land. I lo may sell an es*
tote, or interest, in the ’land to R;
atul his assigns, for a hundred or ;t
thousand years, and yc! he will hinv
self remain seized in foe; because at
the expiration of the hundred, rr tlx?
I her sand years, the land will come
aaam to the possession of his heirs,
iturina; all tliis time, A. and his keiis
are seized i:i fee, an:l R. & his assigns
ate tenants for years. Now a deer*
sion tha1 Georgia is seized in fee eff
land within her chartered limits-
The
Which supposition Ire''would have been ■ ".Stales, and being exceedingly dcsi-
Correet, if t:tc treaty had not bee.n rous lo obtain a cession of the Clr ro-
ipurious,) he svys; “By the treaty 0! j kcc country for the use of Georgia,
the Indian Spring, the Indian claims J these negotiators, in the year 1823,
the Indian
are extinguished forever. The arti
cle is worded in the present tense.—
On the instant of ratification, the title
and jurisdiction became absolute in
Georgia.”
Now I humbly conceive, that, if
the title and jurisdiction became absolute
in Georgia, as a consequence cf (lie
treaty, the inference is inevitable,
that neither the title, nor the jurisdic
tion, was absolute before that event;
■and if the Indian claints were entinguih-
say to the Cherokee nation, “the sove
reignly of the country which you oc
cupy is in the United States a'oue.
No State, or foreign power, can en
ter into a treaty or compact with
you. These privileges have passed
away; and your intercourse is restrict
ed exclusively to the United States.’
'i'lie doctrine is here plainly assort
ed, that the general government only
could treat with the* Indians; and that
separate states were as really cxclu
ed by the. treaty, there mast have been ! dod from such an agency, rs foreign
claims in existence, previously to that [ nations were. Tliis exclusive- right
treaty, capable of being extinguished 1 of treating, which the commissioners
by it. The Cherokees are now in call sovereignty, was not an cneroach-
Jqo s.uuo eoatkiioas to l>tlc aad j meat upon the natural rights of the
it was plainly under their jurisdiction;
lor, as Governor Troup said, in Ids
letter above quoted, whiuli "as writ
ten only six days before sign ;»s this
act, ■ soil and jurisdiction go togeth
er." If it was acquired ly the Uni
ted Stales, this was done, because, un
der tlie federal constitution, as it Ins
uclmi uniformly administered,-the Uni
ted Slates have the exclusive power
of extinguishing Indian title If it
was acquired by a treaty, it was be
cause the Cricks being a nation could
dispose of their common property by
treaty only. If it was acquired for
the use of Georgia, then Georgia had
not the use of, it previously; but the
they could not sell to plicate pur
chasers, (tliis being a matter of muni
cipal law among tlie v,bites, end of
ten of treaty stipulation between
whites and Indians,) the natural rights
of the Indians were impaired, or rath
er circumscribed cr limited. There
was nothing in this limitation, howev
er, o! the nature of usurpation or en
croachment. It was a matter of ne
cessity, if perpetual collisions v. • re to
lie avoided; and q matter of mutual
benefit to colonists from different na
tions; and especially cf benefit to the
Indians. What a scene of strife, en
mity, fraud, and bbc-dsltud, would
have been exhibited, if the. English,
covenanted will* 1 French, and Spanish colonists had
would obtain this | been permitted to make purchases
of Indian lands from the same tribe,
in the same neighborhood, and at the
same lime? And what imposition
would have been practised upon the
United States had
Georgia, that they
title for her usp, as soon as it could be
obtained “peaceably” and “on reason
able terms.”
Abundant evidence might be
adduced to prove that Georgia, | Indians by white purchasers, if they
till after this period, always admitted j had been allowed to make purchases
the exclusive power of acquit ing the j of the natives, without any rest mint
Indian territory to be vested in the U- (from the government? It is both ub-
nited Stales. Rut additional proof ii .surd and cruel to construe this ncces-
uuneccssury. The man who will not jsary limitation of the natural rights of
to convinced tyj the citations already J llm Indians, (a limitation u.hieh was
ivr.it till the hundred Jcsrs ate ex
pired, before they can claim pcs*-
session; so, in the case of (ho Chero
kees, Georgia must wait, tiil they"
voluntarily dispose of their country,
through the medium of tlie treaty*
making power; and then Georgia may
take the immediate possession
There is, indeed another possible
alternative. If (be Cherokees should'
make war upon the U. Stales, they!
might then, by the laws of nations,
be treated as a conquered people, by
that ease, thoir country would f ;i |j .
under the full sovereignty of the Uni-'
ted States, and by virtue of the'
compact of 1802, that part of it.
whh!i is within the chartered limits
of Georgia, w ould immediately or mu
into the actual possession of Georgisu
Rut so long as the Cherokees act in a
peaceable- maunner, it Would be bar-'
barons in the extreme to treat theni
as a conquered people. I speak witlU
out any reference to treaties, and 01/
the supposition that wo were bound
only by the common obligations of
justice and humanity.
It is tob&observed, that the court
said nothing, in cither of these eases)
as to the effect or application ef trea
ties. H hat was said on the subject
ot the right of occupancy of the Indians-
had respect io the naked claims of'
peaceable Indians, who remained
upon the lands of their fathers How'
much stronger the case of the ChuT'o-
