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CHEKOKJEE PHHE9IX, AN i> INDIANS 9 ABY$$€ATF<
PRINTED It.JDER TUB PATRONAGE, AND FOR TUB BENEFIT OF TUB CHEROKEE NATION, AND DEVOTED TO THE CAUSE OF INDIANA.—1 . i (,! J-O..V.T 1, , J..10E
VOX.. IX.
8BW EOEOTA, WBBMESa&l? FEB&'O'.&.J&'S - 10,1830.
&©.
a a.v~ i . **mm•*> i -.-.rj TOMee „,<. .*>.
£*,r?
u \*/»
jg-ia is deprived of nothing. If toe be some reason
j E/iioi'okees arc compelled toremow ..^though eve
riiiwrtD wr.r. kx.y ut
JNO. F. WHEELER,
lOuld never excuse
*honths, or $3 50 il' paid at the end of the called moral necessity, they are ue- treaties, liut the
.year. j priced oi their inheritance; but ith never have any interests adverse
To subscribers who can read only the ; they rein un, there is no deprivation ' our national
son for npprehcisioni Prudence, and would become ncces-, pails of the State, supported lh«*
these circumsiaioes, |S ary, nut only lor conscience sake, j soiling of the Chancellor uiti. 'r
a violation of but tor the
to
have
— v „ , -- - , prosperty. They
Uh ;-okee language the price will ho $2,00 on either side. An opulent landhohi- solemnly agreed to live under our
*Vu lvaac3 ’ 0, ‘ **’ 5 ° t0 UC Pair ‘ WU * lhf '’ ur ln 'S* u as we ^ complain, that he protection, and to deliver• up fugitives
. . ... , . ; was deprived of some excellent land, from justice. We have by treaty a
continued unless subscribers give notice to !'\ ! t! ivoulil tie very convenient to tree navigation of ti.c.r waters, and a
tli? contrary before the conuncnccmcnt of a 1 <iu(l whirl) ho cxpcclcu 10 luwo h’cc pKSSQgo through tlicir country.—*-
-new year,and all arrearages paid. I acquired long ago for a tride; but, 10 What more call we reasonably dc-
\ny person procuring six subscribers, j his great surprise, the rightful owners ! sire?
an 1 becoming responsible for the payment, j refused to sell. This is a Species of j But if there w
shall receive a seventh gratis. 1 nrivm inn j. 0 which a covetous
privation
Advertisements will be inserted at seven- have always been exposed, in every ! been aboriginal inhabitants on this com
ty-live cents per square lor the hrst part of the work!. They cannot get tinent, ho
firm. an* Sm* t’.vovpn miM n hall u.otifs far ■ J ... . _ J 3'-'* xn -'
lion, anthirty-seven and a half cents for | -.. .
c-u-h continuance; longer ones in propor- a “ ie
Won.
ft3»\U letters addressed to the Editor
[lost paid, will receive due attention.
got
land that lies contiguous to
then* puaooQciono5 find the Upgat*
domains arc the greater inconven
ieneos do they feel; for the more ex
tensive their limits, the greater is the
o ’.V y J «f r4 U 0- jIU ti 8 I i E C. (5 J.
VOWJ'.cSUt T\^r» uw’ Jhifn.ia-i*4c».i.
bo-ik .iiiC5H.icS>y ktA d?i> u>o.jb,i
lAfjs.i T.rrz TEiUoir 1 De.i-%-*
TGTZ V&P TjdCKY TU D0J-5KT
DX'i O’o.jc.i iv4»t.i. d^eIAmjrz tb y w
do.1,5 vfv.^.i, o>y.'iT n,ii» o j oan.i i
c.vyj o’&.r .ifi-?h.iwy, wp*v» nxal
o>oin.i v , ».iBP,jrGr'Z tixoj* t>o‘
ja «r*seJi. KT.az d,»p ojty-v* c j x.ib
t/.i.x nor.SAivot.i.
number of obstinate neigiihors, ivilh j manner as to surround our red brt-th-
whom they come irto contact. What j ten.
an inconvenient world do we live in! lure .... ........ , „
And what a calamity it is, (liat there j of proceeding; and they are not.
rea
.. , . ©hancdJor, with but a
ieputiilioii ol Our just- single dissenting vote. ilon diner
Uitrokccs can ice. -Johnson s Hcport col. 20, p. 117. ; eni a spirit is i.erc, from that u h,eV
1 lie lcarm d jurist was speaking 0 f prtvroils in Georgia!
the sinali tribes in the State of i\ew- l * lc C * 0SL “ 01 Ihe paragraph which
iuiH, whose domains are now re- hate quoted, the Glianctllor recorn-
siriclcd by their own consent to tracts t,lelK!s l bis course, not only as ti.e
of a lew miles square, and whose t l ),,u<)enl l 0aise , and "not ouiy
lumibers arc reduced to a few huu- >. } ' eonscieucc &ake hnlftr the rtpuletion
dreds. Tiles, tribes having resigned ^ our justice.'- Whoever fears tod
many attributes ol sovereignty which
the Cherokoes still retain, and living
in the midst of a cron ded population,
rimy possibly fud it for their interest
to abdicate the sovereignty which
S »*IJ remains to them. in such an
event, the Ghancjellor lays it donri as
indi-ioens ibie Griv.-’riunenJ
, , . lOfNeiv York shouid endeavor to ei-
tipon ourselves by pushing our settle- f „ ct lhe rli;ina ,, with the f„n knoul-
wilderncss. in sueli a
ere an inconvenience to
men ] us, as a consequence of there having
1 men!,
blame?
1
w are these inhabitants to!
If we are incommoded by 1
,n S ° t.itlo fn.lhtn anmm.mily in
the midst of us. we brought the evili
'd,
ii:e
meats into the
edge and
dor the slightest
their national
shonld.be so ninny of the poor, ih
weak, and the defenceless, who are
j in perpetual danger of being trodden
uiidhr the feet of their betters!
Thus it is. that the insatiable de-
. j sires of men create imaginary trou
bles. The Slate of Georgia, exelu-
j s.ve of the Cherokee country, 1ms on-
”g riri „T,r, !ly six or seven souls, one half of) altogether chimerical.
CHEROKEE ■ . vhom are b|ack8n
mi-
obligulinn to give up
xistence to save us
l!'e Oueidr s and
s'.'.itiiietil territory,
sei lire themselves.,
ing kws of the l';:i
ne.'iis; who
in u hie!) the
under ! lie ■.r<
led Slates.
JVC
AGENTS FOll THE
P1KEN1X.
Thf*'ollnwhig persons aro authorized td [traders,
rrv.j’.vn suhs'.M’inl’nms ami payments for the , , !. .J"'".'' ,x '’’
.Cherokee Pho-nix. I °rl.' V ] UU '^' nily t0 . l ' V0
Messrs, P-'.ir.cr, & Williams, No. 20
•Ma 'Xet St. Boston, Mass.
Cs iaos Vt. Ta.vcv, Age.it of the A. B.
C. F. M. Now V -r
Ilev. A. F). Eonv, Canandaigua, N. Y.
.Thomas Hastings, Utica, N. Y.
Pollard &. Coxvanss, Richmond, V T a.
Hav. Jamt.s Campoel:., Beaufort, S. C.
William Mjui.tuie Re.d, Ciiarlcston,
S C
Col. Gr.onor. Smith, States,‘dU', W. T.
Juremi.ui Austil, Alohih*, Ala.
llov. Cvaos Kingsbury, Mayhew, Clioc-
taiv Nation.
Clot. William Rocertson, Augusta,
Georgia.
Col. James Tuiik, Bellefoat*-, Via.
r zsrzw^av^-y^ rjurr/ v.-jb»
xarmAirs.
From the National Intelligencer.
RESENT CRISIS IS rHi co viurion jI those iiilugs be stoTed.
of the American INDIANS, 11'ottiid that the Clierokco country is
no. xxiii. j not by any means so valuable, as has
There are in our country not a few j ci.inmeoiy been supposed,
benevolent individuals, who cheor-J li can make no odds as to title,
fully admit that the Indians ham* a whelh-M* the soil he as fertile as the
perfect l ight to the possession of their banks of the Ganges, or as barren as
country: that we are bourn! lay trea
ties to defend this right; aiul’that the
fo;eible seizure and division of their
lands would ba an act of enormous
injustice; who yet suppose, that the
.Continuance of the Cherokee< where
they now are, would be extiernoiv in-
oo.'iveniont to Georgia and to tne Uni
ted Slates. These perstns are inclined
to think, that the inconvenienco will be
found so great, as to amount to a 'Ort ' be left, uu
d l
ssent of the Indians tliem-
.... . , , selves. 1 This is, indeed one of the
ln in,*fmvr»nir*nt wnrl I tin »o 1* - , ' , 1 l,R >' . (!ld .; 1Ut Compel US nor al- st ,|i ( ;l ates which W OUfd obrved
an mcomement world do we live iri!, lure us, nor iiiviUmis. to such a course hy upi . i;i , !t Il01 , y ., l!slt .
lint how much tnoie imperaiive is it
in tie ease of Ihe Clieroi.i'ts. who
..... , . . number thousands Ibr the hundreds of
from this supposed int-’on'<>nien< e, j o,. c a;
though it ivere great many times
greater than it has ever been alleged
to be.
The dangers from an imperhm in
imperii) are, in the case before us, '
Among our
are macks, to each square j own citizens we have governments!
mile; that is, omitting merchants, within governments of all sizes, from
and moehanicks, less than a s 'hool district upwards, and all
re mib’s ; soi ls of corporations with limited
of land. 1 iie most remote part of j powers. In Great Britain, there is
her chartered limbs is still in the a vast diversity of i.
rightful occupancy of the Gherokees. i fraoliises. and exemptions, peculiar
l In* load of this portion is far less ca-, to different towns, boroughs, cities,
pable of lucrative cultivation, than and counties, .,nd to the larger divi-
tlie State is generally I speak not 1 sions of the realm. Germany is ol-
without sotno knowledge on the sub- most wholly compos,*d of smaller
jeet; and I have inq lired of others communities, each p- sscssing a limit-
Let the Representatives in Congress cd sovereignty; and many of them co..-
frorn Georgia, if they are acquainted ducting their municipal a/fairs nc-
witli (bo quality of the land within cording to their o,\ii discretion.--
rbe Cherokee limits, state frankly | But, (which is more immediately to
how large a part is composed of the purpose; there have been s'cpo-
mountains and barren tracts, which i Vatu communities of Indians, in most
a Georgian would pronounce lilt <* rly j of the older in embers of the Coiifed-
wortliless: how large a part would erncy. from the first settlement oflhc
produce but a moderate crops; bow! country; and no disastrous consc-
sinr.II a tract ion woo’d be considered : qiienees have followed. At the pres
old of a very go* d quality Let ! ent day, there arc in tb.* Stale of
and it will be | New-York, several smsll tribes of In
dians. living under their own laws
and not partaking in the lights of the
citizens of (lie United Slates. They
have been declared by the highest
legal tribunal in that State, to he
“■not citizens, but distinct tribes or
Arabia, but it should be nations, living under (lie protection of
the Government/’ The opinion of
Chancellor Kent, which ! never saw
lie Cherokees; j till all the preceding numbers were
dance o! the ; in the printer's hands, supports the
principles to be decided. Though j position which I endeavored toeslah-
the Cherokee country is in healthfn!! lish, in the examination of treaties ....
eliin-Ue, and is pleasant and comfort- | Yet the State of Noiv-Yorlc does not! ,s H1 v:, . ,n 10 n l 1(cl,,; ' t losnvt ' 1 u !:1
able residence for the original i -.liah-1 aooonr to sn/Ter from havin.? normit-1 . " ou 'd much sonnei
an*! impositions,
or regards man; whoever jiosst-sses a
enlightened conscience end lee is * - s
accountability to his Maker, or wish-
es to deserve the respect and ronfi-
denc'e of good men, and the gratitu ie
of fdlcr limes—-such a man, sa»s this
learned judge in Gleet, will take he<
ilia* lie deeds kindly and justly
liiuiidlon, who is now admitted by
all patties to hove been mi ii 1 uatri 9
st.'tesrn n niui to have felt deeply ,ar
the honor of his count ry. said, resiifet-
iug treaties, that they are “com- ,s
with foreign nations which havf. , c
forced law, but dciive it from t .t
obligations^<jgood fuiih”— [Cede 1; h
is;. No. 75.! He reel dnedj as a*-
•riririg the fjuahficatioiis <1 those wiic
,c:e to make treadles, '"nivt and mu'*
J'<rm exiifil.ilih/ to notional character.^
tire sands of
known that tin
erty tiers at stake is n
r *d with the feelings of
not to mention the im :
!
but it should
tie of the prop-
‘ iiins
eomnar-
molest;-.!ion t lithe prut of ti.e w likes;
who have a regular government </
their own. suited to their habits, their
concision, and their wauls; and wi n
have their rein!ions with ti e 1'niied
States distinctly marked and defined
hy various treaties. if however,
. the Cherokees can be persuaded- by
•ustoms, • fair and ho est arguments. thaMhfy
will bo gainers by giving up their
sovereignly cither now or lily years
hence, let their consent be obtained.
Let ihein always be iri de to foil
tha* they arc free agents; not in such
n se,:s;- as the traveller is free, wi.en
lie delivers up Lis purSp. with a pis
tol at his breed!—bid " truly as any
man, or body of men u!:o make a con
tract Under the protection of a law,
and on terms of perfect reciprocity.
The Cnfcrokeos should, especially at
lids juncture, he again assured that
they stand behind the shield of the
law—the supreme hue of ti e hud —
which, in a government like ours,
should afford a defence not less per
fect, and certainly/nueli'more conve
nient, tlian could be v.Horded by a
cordon of 150,00!) bayonets, or a wall
of adamant from (he earth to the
skies.
The Chancellor says, also, that this
change should bo clfccted, (if at all.)
“with the most scrupulous regard to
the w eaknesses and prejudices ' of the
Indians. 11"* would not justify the
use of cold and unfeeling language,
such as: “Indians must always re
tire from the mar h of civilization.
Ti
quaiikcatioiis he
It
iin . i':
v.:
?n
selected :
!-y
the h
-uisla-
lures (.:
i i
sever;
al St
all
•s. rs
f-pt l *r-
sent at it
, r
i ho
w orth,
tho Hi
unity.
din! tbe
(
-tor
oft
lie
count i
v. ip
the higl
( !
E; h
.- .inch
d cur
natioi
-a! lt<
Ills
r the
mo
st
cueour
■nd-.g
signs ef
10 f
i ( r. >i
! nines
, that
!-,•'/>
lit me;;
e is
-::d;’ to fee
ill
loir a;;
ount*
abiii y i
' t>
t In
; ; d-i
lie,
am
! their
o! li
b' 11 '
1ti
j,
i-liig
me;:
u r
cs of
st ale
w :) bin Hit
l l i:
ii-S ol
' p; i
vat
(* rno;
' ,: ty.
l s; enk
in
: n 1
i /• YVi O
p.*d
0 1
till Pi.-I
w ith
roUu i ll
to
i\ fin
g!e
Cr.\
:utl v;
much
r c.iTMei'
■rvuntnbiii
V the
,'b
Pa
rs r
ipri.
in 1
w
• n. thev
less, in regai d to .1 si g|
(iuii. r i’h:s denuand of
will id.imatclv !.e made
of every oruntry• and if
er Lines or Preside!.!9.
or ( unless, s perpet 1 at
ptihiin (harnrtcr, who
perlidious in a privrde r
be pronounce-.! g»»’/*#; r-ti in ■
grejit imporiiin. p. if tbi-9 jM-om-
guilty by tho voice of dispe-v
and iuleii'igcii! me;), t;;ejr i'.r.i:.es
be consigned to if;
'i'im great j>ri:i
are immutable. '
in their intercourse
as well as n divide
I must lie ir.dti! ed
pi nj if
m*.
■iph’S i f moi"
1 i ev l.ind nrt
with ca, h f.:!
Is. On this
with a on of a
A If
be
Ifv
nns
!i’r,
’ it
■-mm uca*
itants th-
*e tor me nrigmui 1 .in!
far greater part of it would
appear to suffer from having permit-!’ 10 " 1
lt d these tribes to remain on their j | : ’ u s
lament the
which have
of moril necessity: and that, t-iere-
fo■•..*, the sooner the Gherokees con
sent toll removal, the betfci it will
be for them, as well as their white
neighbors.
An acquaintance with the real state
of facts, would eoiiviuf these b,en.*v- i er acre wore never to be added to
dent individuals, that l e v are quite the territory now in her actual posses-
protligale
it,,. He
ir j own land; to hold it in common; to rfi-; •n netised on them
expos”'! t * 3 ID ft 1 ./* H.! HI! * 111.!.Utt*l' i rt,in uvh n, 1,1 ('tinni l,vne n, 1I1I1.1 /lull, 1 011(1 IHtCiCSiiU White
as the
United Slates The interest ofjto sustain a qualified sovereignty, j 0I) l * ie P ;,,t ol many, wiio; p
Georgia, thorofore* is ineousideraole; ' ' : — <■*’ •« 1 ■*« *
nor would the prosperity of that . .
State be materially affected, if ano'Ji- If the time shall ever arrive, when j s,10ll,t! , he sai,l > however, that most ol
these Sovereignties may become , the legislatures of the older States
mistaken, in regard to m- best
tner of promoting the permanent good
<if all parties. The inconvenience
tyhioli appears so formidable, is al
together imaginary. It will utterly
Vanish, at the very moment when the
State of Georgia, and other white
neighbors of the Indians shall be in
clined to do wliat is right. If the dis
position to take the properly of the
Weak and defenceless and convert it
<o our own use. is to be dignified with
the nam* of moral necessity, we should
he aware that such a doctrine sub
verts the very foundation of law and
order.
It is urged, that if the Cherokees
roiiaio where they are, Georgia is
It has been alleged, that great 1
conveniences will be experineed, by
having an imperium in imperio; a sep
arate. independent community sur
rounded by our own citizens. But in
what do flmsc frightful inconveniences
cons-st ? A little pacific community
of Indians, living among the moun
tains, attending to their own concerns,
and treating all who pass through
their borders with kindness and hospi
tality, is surely no verv great cause
of alarm. If there i9 a territory in
possession of a powerful and hostile
nation, and in the immediate vicinity
of our white settlements, where our
rivals and enemies might shelter
from Chancellor Kent's C
riff,: —
“AYc ought n-.it therefore, to sen*,
mate the science of ruble- ! n |’ : -rm
that of ethics, nor menu 1, age the d u-
gerous suggest inn. that cover n-- - *s
arc not strictly Ik nnd hv dip
(ions of truth, justice, and humai-iiv,
in relation to other powers, rs they
are in the management of their i\.n
local concerns. Slates, or lirdi- n
politic, are lobe considered as mord
persons, haying a public w ill, cvkm-
blo and free to do right and )) . ;
inasmuch as they are collections nf
individuals, each of whom car;.Vs
with him, into (he serv’ce of the iu-
ttiese sovereignties may become ex-! * •*; . : r .. .
linct, to (lie mutual advantage of the • l .’ nnie ' s ^ 0I t,u ; | )|0, ectiou of n-
In.lians and whites, the manner 0 U chnns, with a most benevoJcut regard |
d<>*»rivpd of a valuablo portion of land | themselves, while plotting against our
wilbi
in unity, 1 ho same binding law of mor
ality and religion, which ought to con -
, , , . . . ti ol his conduct in private life.” Vol*.'
bringing about sue!, a change will de- j *? ,lir - 1 '' O" the geiuimo prin-, Tj p . 2 .
mand the efforts of the most disinter- j <rl l ) ' PS °‘ Lhristiamty. | “'I'he law of nations, so far as it is
csted men in our country, and the The Chancellor says again, that the j founded on principles of natural law ,
counsels of the wisest. In the mean j change should bo effected “with the is equally binding in every are. ntul
time, let us hear the advice of Chan- j entire approbation of the government upon all mankind. Bui the Christian
eellor Kent on the subject:— [ of tho United States.” This change, 1 Nations of Europe, and their dpscee !-
“When the time shall arrive for i he it remembered, had reference to anls on this side of the Atlantic, by
us to break down the partition wall the little trikes, in the State of New- the vast superiority of their attain*-
between us nnd them, and to annihi-1 York. Yet the Highest law eharae- ! monts in arts; and science's, and com-'
late the political existence of ihe In-1 ter in the State, delivering an opinion merec, as well as in policy andgov-
dians as nations and tribes. I trust we i before the Senate, sitting as the j eminent; and above alklyy the bright-
shall act fairly nwd explicitly, nnd on-- highest Court of law in tho State, er light, the more certain truths, and
did not apprehend an impeachment the more definite' sanction which
denvor to effect it with the full
knowledge and assent of the Indians ; for sacrificing State Rights, when lie Christianity Inis communicated to the
themselv.es. nnd with the most scru-j declared, that, if an arrangement ethical jurisprudence of tho ancients,
pulous regard to their weaknesses should he made on this subject, it have established a law of Nations pe-
nnd prejudices, and with the entire . should he made “with the entire appro- culiar to themselves ” p. S.
, , approbation of the government of (hr I ntion of the government of the United Christianity, then, is the basis of
her chartered limits. But i pence, and where fugitives from jus- United States 1 am satisfied that - States.^ A* d the Senate, consisting ; the present law of Nations.
..this is an abuse of language. Qcor-| x ‘ ce cou ^ a refuge, there plight, such a coqi sc would be required by : of thirty or forty members from all [See fog*'