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CHESOKEE PHIENIX, ANI> INDIANS’ ADVOCATE*
PRINTED UNDER THE PATRONAGE, AND FOR THE BENEFIT OF THE CHEROKEE NATION, AND DEVOTED TO THE CAUSE OF INDIANS—E. BOUD1NCTT, imi
tK,
rrOXs. SI
NEW EOHOTA, WEDNESDAY FEBRUARY 3, 1830.
NO. 42.
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AGENTS FOR THE CHEROKEE
PIHETHX.
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taw Nation.
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•Georgia.
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lUDIANS.
Fioruf the National Intelligencer.
PRESENT CRISIS IN THE CONDITION
OF THE AMERICAN INDIANS.
NO. XXII.
In a quotation, which my last num
ber contained, from a decision of the
Supreme Court of the United States,
it is said, “That the Indian right of
and us could not be taken from
unless by their consent.” The
miltee add, “But we are of a dilie;
ent opinion.”
“Before Georgia became a party to
the articles of agreement and cession,
[the compact of 1803,] she could
rightfully have possessed herself of
those lands, either by negotiation with
the Indians, or by force; and she had
determined, in one of the two ways,
to do so: but by this contract she
made it the duty of the United States
to sustain the expense of obtaining for
her the possession, provided it could
be done upon reasonable terms, and
by negotiation; but in case it should
be necessary to icauii iu J'uitv, tliio
contract with the United States
Editor ! makes no provision; the consequence
is, that Georgia is left untrammelled,
and at full liberty to prosecute her
rights in that point of view, accord
ing to her own discretion, and os
though no such contract had been
made.”
The Committee giro it ns their o-
pihion, “That the right of soil and
sovereignty was perfect in Great
j Britain: that the possessions of the !n-
| dians was permissive; that they were
i mere tenants at will; and that such
tenancy might have been determined
at any moment, either by negotiation
or force, at tiie pleasure of Great
Uc Bain.”
The \ v 0i'ds printed in Hallies are
thus distinguished by the Commit
tee.
It might be difficult to tell which
is most remarkable, the reasoning or
the morality of these extracts.
The Committee argue, tlint, as
there is no provision in (he compact
of 1803, by virtue of which (lie United
StaVis are bound to use force upon
the Indians, it follows that Georgia
has a right to apply force, whenever
she pleases. This is one specimen of
the logic. Again: to most people
j it would seem to be a weight in* the
! remark, that as the Indians were ev-
j ideally to receive a consideration for
their lands, they must have a title
which should command respect. But
no; in view of this statement, the com
mittee come to a different conclusion.
Here is another specimen.
The morality of the doctrine incul
cated by the Georgia legislature may
be sufficiently understood by the
broad positions, that diseoveiy gave
absolute title to Europeans, that the
title of the original inhabitants was
permissive; that it was a mere tenan
cy at will (which is no title at all;)
that the discoverer might determine
the / >■ ;II portions have been conquered; j from Geogia, in the way of systemat
com [ je original
is sprung over
is equaly and instantly ex-
i Georgia legislation
I owners having been nearly 1 ic legislation on this subject. I him, he
:xtei miiuted in war, or driven from * One law has already been enacted, i posed to public persecution and pri-
with the direct view of extending the Vf »te indignity. He feels himself to
jurisdiction of Georgia over the Cher- j a vagabond, even while standing
okecs. It was approved December j u l ,on the very acres, which bis own
their lands by a superior force, or
:ompelled to cede them, as the price
of a pacitieation. But in all these
cases, the wars had some origin, than
an attempt lo enforce the title of dis
covery. The politicians of Georgia
are requested to produce a single in
stance, after the settlement of the
Anglo-American colonies commenced,
of any English sovereign, or any col
onial governor, or any colonial legisia
30, 1828, and deserves a particular
consideration.
The first live sections divide that
part of the Cherokee country, which
falls within tie chartered limits of
hands have laboriously subdued and
tilled,—an outlaw, in the house,
which he has erected and made com*
(ortably for himself, and which, to a
iibite man, would be a castle,—a
Georgia, into live portions, attaching | trespasser, for innocently treading the
each one of these portions to a con-; S /**I °f bis native forest,--an intruder,
liguous county of Georgia. The ! ^ )r drinking the pure water of his na
ture, or any Slate legislature anterior i sixth section extends the laws of Gear- ! live springs, or breathing the air of
to the treaty of the Indian Spring in! gia over white residents w ithin the native
1825, having assumed the right of | limits above mentioned; and the
fur.'ihlo possession of Indian' seventh declares, that, after June !,
country, at any moment, by virtue of 1830, all Indians “residing in said
territory, and within any one of die
counties as aforesaid, shall be liable
and subject to such laws and regula
tions, as the legislature may hereaf-
exclusive right | ter prescribe.”
Indian title, or ! Sec. 8. “That all laws, usages,
w nat has usually been called the right j and customs, made, established, and
of preemption, is totally a different in force, in the said territory, by the
thing from this all-absorbing and over- said Cherokee Indians, be, and (he
whelming right of discovery, on which sarr.c arc hereby, on and after the
lies, day of June, 1830, declared null
and void.
D- “That no Indian,
of
the title of discovery, and without a-
ny regard to ivhat the Supreme Court
bus called “the just and legal claim”
of the natives to retain possession of
their country. The
of extinguishing the
Georgia now insists. If a single in
stance of such an assumption can he
produced, let it lie brought forward.
Let us contemplate the cireuin-
inountams,—a stranger
among his neighbors,—an alien, on
tbe spot where he was born.
I'® are Hie human beings, thus
suddenly brought into so deplorable
and abject a condition? Are (hey
Caffrecs and Hottentots, skulking
through the woods, in a slate of nudi
ty 01 ' covererd only by a few shreds
of tattered sheepskin? Are they nur-
| ®«'ay Caves, pursued by the ven
geance of exasperated masters? Are
they Jshmaelites. w aylnving the path
of inoffensive travellers, and their
hands reeking w ith the blood of re'
: cent imtrdcis? Are they bands of rnf-'
or descendant *' ans ’ collected from the worst n*
of Indian, residing w ithin the Greek mo L? the discharged tenants ofotir
stances in which it originated, and ex-j or Cherokee nations of Indians, shall penitentiaries? Have (hey ir.vadtd
amino its claims to respect. Thous-! be deemed a competent witness, ora 0, . u ' settlements, driven off the inlia*
ands of instances can he adduced, on parly to any suit, in any court created bitants, and established themselves'
the other hand, of acknowledgements by ibe constitution or laws of this state an unrighteous possession, of which
made by emigrants from Europe, and j to which a white man may be a party.” ty‘)' * !!, e now about to be divested?
Under the administration of this ty'nt is their character, w bat is their
law, a white man might rob or mur- crime, that their lands are to be divid*
dei a Cherokee, in the presence of
many Indians, and descendants of In
dians; anti yet the oifcnce could not
be proved. That crimes of this nit>- i
lignant character ivould be commit-
possession has never been ques-; the tenancy at any moment, by nego-
tioued;” and that “it has never been tiation or force; and that, as all Eu-
conlended, that their title amounted
to nothing.” This decision was pro
nounced in 1823. Since that time,
the politicians of Georgia have stren
uously contended, that the Indian ti
tle amounts to nothing.
In a Report of the Joint Committee
Ibf the Legislature of Georgia, which
was approved by the Senate of that
State, December 27, 1827, are found
such passages as the following:
The Committee say, that Euro
peans “asserted successfully the
right of occupying such parts” of A-
merica “as each discovered, and
thereby they established their su
preme command over it.”
Again: “It may be contended, with
much plausibility, that there is, in
these claims, more of force than of
justice; but they are claims, which
have been recognized and admitted,
by the whole civilized world; and it
is unquestionably true, that, under
such circumstances, force becomes
right."
The Committee suppose that “ev
ery foot of land iu the United States
is held” by the same title.
The Committee say, that it is con-
ten led, that, by the compact of 1802,
“a consideration was contemplated to
be paid by the United States to the
Indians, for their relinquishment of
this title; and therefore it w'as of such
character as was entitled to respect,
ropean governments are alleged to be
agreed in these principles, ‘ force be
comes right."
The inhabitants of North America
might therefore have been right Pul ly
driven into the ocean, l -at any mo
ment,” When the discoverers should
have been willing and able thus to
drive them. It is lo be inferred, that
Cortes and Pizarro ivera only execut
ing the lawful commands of the king
of Spain, when they were taking pos
session of Mexico and Peru, which,
according to this doctrine,right fully be
longed to him; though, in doing so, they
were under the unpleasant necessity
of murdering the original inhabitants
The committee are entirely mistaken
in point of fact, when they say, that
“every foot of land in the U. States
is held” by such a title as has been de
scribed: that is, a title in the Euro
pean sovereign, which on the moment
of discovery, supplanted and subvert
ed all the rights of the natives to the
lands, on which they were horn, and
of which they were in full possession.
It may he truly said, that there is not.
within the limits of the United
States, as fixed by the peace of 1783,
a single foot of land held, as against
the original inhabitants, by the title of
discovery alone. Incomparably the
largest portion of the territory, with
in the above mentioned limits, Ins
been purchased of the ludians, iSojne
by rulers of every grade from (he
highest to the loivest;—acknowledge
ments, which admitted the perfect
right of the Indians to the peaceable
possession of their country, so long as
they chose to retain it.
But if all the governments of Eu
rope had, during the three last centu
ries, held the doctrine now so warm
ly espoused by Georgia, lioiv utterly
vain would be every attempt to de
fend it, or to make it appear other
wise than tyrannical, cruel and abom
inable. Not all tbe monarchs of Eu
rope. nor all the writers on the laws
of nations, nor all the power and all
sophistry in the world, could alter its
character, or convince an honest, can
did, and intelligent man, that it is en
titled to the leaBt respect. What is
the doctrine, so necessary to the
present claims of Georgia? It is nei
ther more nor less than the assump
tion, that the circumstance of an En
glish vessel having sailed along the
American coast from cape Ilatteras
to the bay of Fundy, as the case
might be, gave the English king an
absolute and perfect title, not only to
tbe coast but to all the interior; and
that lie might therefore empower any
of his subjects to take forcible pos
session of the country, to the imme
diate exclusion rnd destruction of the
original inhabitants.
In (be history of the slave trade,
wo have a perfect exhibition of the
• ot'al inefficiency of human law to sanc
tion what is flagitiously immoral; es
pecially after the eyes of mankind
are fixed upon it. For more than
two hundred years, the principal
powers of Europe legalized the slave-
trade. The judicial tribunals of all
countries sustained it by their deci
sions. It was universally established
and assented to. But was it right? (.masters. But
The voice of the world has pronounc-1 consolation,
ed its irrevocable sentence. It is
now piracy, and to have been recent
ly connected with it is indelible infa
my But is it more clearly wrong to
take Africans from their native land,
than it is to make slaves of the Clier-
okees upon their native land? or, on
ed, and their persons and families :o
l e put beyond the protection of the
I a ii'.
If they are CafiYos, or Hottentots,
they should be dealt with kindly; ancf
ted is by no means improbable; but should be compassionated in their j.r-
aliuscs, and vexations, of a noranee and degradation. If some of
stamp, would render the . them Mere Ishmaelites and renega-'
e of the Cherokees iutol- does, (hey should be tried in a rc«u-
erable. The plan of Georgia is; as ’ lor manner. The innocent should
explained by her Senate, to seize not be punished with the ouiliy.
five sixths of the territory in question, j The guipy should not he punished
and distribute it among her citizens. : without a (uni; and neither the inno-
If a Cherokee head of a family clioos- ; cent nor the guilty, should be deliver'-
es to remain, lie may possibly have ed over to private malice,
his house and a little farm assigned to | How would an intelligent foreigner
l ,im - This is the most favorable sup- ja German, a Frenchman, or an En.rJ
position. But his rights arc not ao : Hshajan, be astonished to learn, that
knoivledgcd. He does not keep the'the Cherokees are neither savages
land because it bis own, but receives nor criminals; that they have never
it as a boon from Georgia. He , encroached upon tbe lands of others -
iv ill be surrounded by live white .that their only offence consists in the
neighbors. These settlers will not possession of lands, which their neieh-
be from the m<*e sober, temperate, hors covet;—that they ore peaceable
and orderly citizens of Georgia, but : agriculturalists, better clothed, fed.
from the idle, the dissolute, the quar- and housed, than many of the peasant^
relsome. Many of them will bate , ry. In most civilized countries; that
Indians, and take every opportunity of they have sustained diplomatic rela-
insulting and abusing them. If the ; lions with the whites, at different pe-
cattle of a Cherokee are driven away riods, from the first settlement of the
in his presence; if his fences are contiguous territory by Europeans.—
thrown down and his crops destroyed: that these relations have ripened into'
if his children are beaten, and bis do-: a firm and lasting peace, which has
mostie sanctuary invaded;—whatever not been broken by a singleact oflios-
otitrage and whatever injury he may tiiitv for forty years;—that the peace
experieive, lie cannot even seek a! thus cemented is the subject of nu*
legal remedy. He can neither be a meroUs treaties, the bases of which
party, nor a witness. He has no | are, a sovereignty cf the Cherokees
iriend, h ho can be heard in his bo-1 limited, in certain respects, by ex’
half. Not an individual can be found, j press stipulations, mid a guaranty, on
ivlio has any interest in seeing justice i the part of the United States, of pro*
done him, & ivho at the same lime has ; lection and inviolate territorial limits-
any power to serve him. Even the j that these treaties have been the fonu-
slaves of his new neighbors are de jdation of numerous legal enactments
fended by the self-interest of their j for the protection of the weaker
he has not even this I tv, whose title has b(
assaults,
far inferior stamp, would
the servitude of (lie Cherokees
penalty of their being enslaved, driv
ing them into exile?
It may be supposed, that this is too
strong a representation of the ease;
that it would he no very serious ca
lamity to the Cherokees, if they were
to come under the laivs of Georgia.
One would think, however, that the
spirit of the Report, from which quo-
ations have been made, must he an
indication o/ what is to be expected
pa i*
e nas not even this j iy> wiiose title has been pronounced,
He is exposed to the by the highest tribunal in our country',
greatest evils of slavery, without any to he worthy of the respect of all
of its alleviations. Every body is let courts, till it he legitimately extin~
loose upon him; and it is neither the guished;—that the Cherokees are
interest, nor the inclination, nor (lie nut charged with having broken their
official duty, of the white settlers to engagements, or done anv thing to for-
defend him. Every body may de- feit the guaranty, which they had re
st roy his property; hut no body is j ceived as the indispensable condition
hound to keep him from starving, when of their grants to the United States'—
his property is gone. How long that they have always been called
could a Cherokee live under such. brothers and children by the Presi-
treatment as this. ! dent of the United States, and by al>
Accustomed from his birth to feel-j other public functionaries, speak in"
ings of entire equality and independ- in the name of the country; that
ence, he ivould find himself, at a sin- (they have been encouraged and aided
gle stroke, smittten to the earth, and in rising to a state of civilization, by
there held till manacles of a most our national government, and benevo-
degrading vassalage were fastened lent associations of individuals; that
•pon him. A3 soon as the net of, one great motive, presented to lhg?r
