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CHEROKEE PH(EIIX, IXDIAXS’ADVOCATE.
PRINTED UNDER THE PATRONAGE, AND FOR THE BENEFIT OF THE CHEROKEE NATION, AND DEVOTED TO THE CAUSE OF INDIANS.—E. HOIDINOi l, 1 III'IOII,
vol. n.
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AGENTS FOR THE CHEROKEE
PIKErNlX.
The following persons are authorized to
deceive subscriptions and payments for the
’Cherokee Phoenix.
Messrs. Peirce & Williams, No. 30
Market St. Boston, Mass
George M. Tracy, Agent of the A. B.
*3. F. M. New York.
Rev. A. D. Eddy, Canandaigua, N. Y.
Thomas Hastings, Utica, N. Y.
’Pollard &. Converse, Richmond, Va.
Rev. James Campbell, Beaufort, S. C.
. William Moultrie Reid, Charleston,
C.
Col. George Smith, Statesville, W. T.
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1 Rev. Cyrus Kingsbury, Mayhewj Choc
taw Nation.
j Capt. William Robertson, Augusta,
.Georgia.
Col. James Turk, Bcllefonte,' Ala.
INDIANS.
MEMORIAL
of the Cherokee Legislature.
Some time ago when we pubiishd the
‘•Cherokee Memorial” we stated to our
readers that the members of the General
Council,during their last session,had signs
knottier memorial to Congress
Anake this document public.
■jro the Honorable, Senate and House of
ftenresentalives of the United States
if America, in Congress Assem
bled:
■Wp the representatives of the peo
ple of the Cherokee Nation in Gener
al Council convened, compelled by-a
sense of duty we owe to ourselves and
Natioit, and confiding in the justice of
your honorable bodies, address and
make, known to you the grievances
which .disturb the quiet repoSe and
harmony of our citizens, and the dan
gers by which we are surrounded.
Extraordinary as this course may
Appear to you, the circumstances
.that have imposed upon us this duty
4ve deem sufficient to justify the
measure; and our safety as individuals
and well as a Nation requires t >at we
should be heard by the immediate
representatives of the people of the
.United States, whose humanity, and
foiaarnanimity, by permission and will
qf Heaven, may yet preserve us from
ruin and extinction.
, The authorities o.f Georgia have re
cently and unexpectedly assumed a
doctrine, horrid in its aspect, nrid fatal
jin its consequences to us, and utterly
at variance with the laws of Nation?,
of the United States, and the subsist
ing Treaties between us, and the
known history of said stale, of this
Nation, and of the United States. She
claims the exercise o.f Sovereignty
4>vcr this Nation, and has threatened
and decreed the extension of her ju
risdictional liipits over our people.
The Executive of tlie United States
through the Secretary of War in a
letter to our Delegation of the 18th
April last, has recognized this right to
be abiding in, and possessed by the
State of Georgia, by the declaration
of independence and the Treaty of
peace concluded between the U.
States and Great Britain in 1783, and
which it is urged vested in her all the
rights Of sovereignty pertaining to
Great Britain, which in time pre
viously she claimed and exercised
within the limits of what constituted
the ‘thirteen United Status.’ It is a
subject of vast importance to know
whether the power of self Govern
ment abided in the Cherokee Nation
at the discovery of America, three
hundred and thirty seven years ago,
and whether it was in any manner
effected or destroyed by the charters
of European Potentates? It is evi
dent from facts Reducible from known
history, that the Indians were found
here by the whiteman in the enjoy
ment of plenty and peace and all rights
of soil and domain, inherited from
their ancestors from time immemorial,
well furnished with Kings, Chiefs and
Warriors, the bulwarks of liberty and
the pride of their race. Great Brit-
*aiit**stablifced with them relationships
of friendship anil alliance, and at no
time did she treat them as subjects
and as tenants at will to her power.
In war she fought them as a seperate
people, and they resisted her as'a Na
tion—In peace she spoke the language
of friendship, and they replied in the
voice of independence, and frequently
assisted her as allies, at their choice,
to fight her enemies in their oiyn way
and dcciplinc, subject to tlie control of
their own chiefs and unaccountable to
European Officers and military law
Such was the connexion of this nation
to Great Britain, to wit, that of friend
ship and not allegiance, to the period
of the declaration of independence by
the United States, and during the re
volutionary contest down to the Trea
ty of peace between the United States
and Great Britain forty six years ago,
when lhe latter abandoned all hopes of
conquest, and at the same time aban
doned her Cherokee allies to the dif
ficulties In which they had been en-
volved, either to continue the war or
procure peace on the best terms they
could, and close the scenes of car
nage and blood, that had so long been
witnessed and experienced by both
We now parties Peace was at last concluded
I at Hopewell in ’85, by “the
! commissioners Plenepotentiary of
the United States in Congress assem
bled;" and the Cherokees were re
ceived “into faVor and protection of
the United States of America.” It
remains to be proved, under a view
of all these circumstances, andtlie
knowledge We have of history, how
our right to self Government was ef
fected and destroyed, by the declara
tion of independence which never no
ticed the subject of Cherokee Sove
reignty, aiid the treaty of peace in
’83, between Britain and the United
States, to which the Cherokees were
not a party, but maintained hostilities
on their part to the treaty of Hope-
well afterwards concluded. If, as
it is stated by the Hon. Secretary of
War, the Cherokees were tenants
at will, and were only permitted to
enjoy possession of the soil to pursue
game, and if the State of North Car*
olina and Georgia were sovereigns in
truth and in right over us, Why did
President Washington send commis
sioners Ple.nepotcntiari.es” to treat
with the subjects of tlioso States?
Why did they permit the Chiefs and
warriors to enter into treaty, when,
if they were subjects, they had gross
ly rebelled and revolted from their
allegiance? and why did not those
sovereigns make their lives pay the
forfeit of their guilt, agreeably to
the law of said States. The answer
must ho plain,—rthey were not sub
jects, hut a distinct Nation, and in
that light viewed by Washington and
by all the people of the union at that
period.
In the first & second articles of the
Hopewell Treaty, and the third of the
Holslon Treaty, the United States
and the Cherokee Nation were bound'
to a mutual exchange of prisoners tak
en during the wars, Which incontro-
vertibly proves the possession of
sovereignty by both contracting par
ties: It ought to he remembered too,
in the conclusions of the Treaties to
which we have referred, and most of; s0 ^ ar . i19 * lt5 understood the Cherokees
nation under which tie are placed by ) We now look with earnest exnec-
the claim which Georgia has set up | lation to your Hon. bodies for redrt ss-
to a large portion of our territory un-1 and we earnestly pray that our na!
der the Treaty of the Indian Springs tional existence may notbe extineui
ed before a
concluded with the late Gen. Min
tosh and his party, and which was de
clared void and of no effect by a sub
sequent Treaty between the Creek
Nation and United States at Wash
ington City. The President of the
United States through the Secretary | and that \vp have for
of War assured our Delegation that
may not be extinguish*
prompt and effectual in-
Imposition is afforded in our be alf.
1 he faith of your Government i» so.,
emnly pledged for our protection, a-'
gainst all oppressions, so Jon*
as we remain firm to our Treaties*
the Treaties subsisting between the
United' States and this Nation, that
the phraseology, composition,&c. were
always written by the Commission
ers on the part of the United States,
for obvious reason, as the Cherokees
were unacquainted with letters. A-
gain, in the Ilolston Treaty, 11th ar
ticle, the following remarkable evi
dence is contained that our Nation is
not under the jurisdiction of any state.
“If any citizen or inhabitant of the
United States, or of either of the
territorial districts of the United
States shall go into any town, settle
ment, or territory belonging to the
Cherokees,. and shall tlicM-e commit
any crime upon, or tresspass against
(lie persons, or property of any pea
ceable and friendly Indian or Indians,
which, if committed within the jurisdic
tion oj any state, or within the jurisdic- P ension 0
lion of either of the said Districts. a . ; 1 'effectual
had rights, protection should lie af
forded, and respecting the intrusions
on our lauds lie hful been advised,
“and instructions had been forwarded
a long series of
years proved to he true & loyal friends,
tlie known history of past events a*
bundantly proves. Your c hief mages-
trate himself has hi -
our devotedness
borne testimony of
in supporting th©
cause ot the United States dmin*
to the agent ol the Cherokees, direct-; their late conflict with a foreign foe °
ing him to cause their removal, and j It is with reluctant and painful feeU
earnestly hoped, that on this matter j i»g* that circumstances have at Icm-tli
all cause for future complaint would compelled us to seek from v ”
cease, and llie ordei prove effectua.
The Jiope of tlie President is yet un
realized, au'd tlie order has not
“proved cdle’ctual.” In consequence
ot the agents neglecting to comply j beset
with the instructions, and a suspeii-'
sion ol the order made by the Secre
tary afterwards, our border citizens
arc at this time placed under (ho
most unfortunate circumstances by the
intrusions of citizens of the United
. , .ou (lie pro*
miscd protection, for the preservat ion
otour rights & privileges. This resort,"
to us is a last one, and nothing short of
the threatening evils and dangers that
icset us, could have forced it upon
the Nation. But it i s a right Y, o
surely have; and in w liich we cpnnot he
mistaken, that of impealihg fur justice
and humanity to tlie United States,
under whose kind and fc
we have been led to the
increasing
toi ing card
Slates; and which are almost daily j of civilization and the' eidoyhicu: iff
in consequence of the sus- j its consequent blessings l'ia\'ii-A
„ (i , < l,e orce contemplated j said thus much, with patience wfi
f either of the said Districts, a- ! ^‘‘^’tual order. Many ol our ppo-; s.mll await the final issue ofyotif U isfe
gainst a citizen or any ubite inliabi-j l ),c ar P pxperienciiig till the evils of : -~
taut thereof, would be punishable by PP | ’ S0, Hd insult, and in some instances
the laws of such state or district, such r x P ll ^‘ (,n • ror fl their homes, aiuMoss
of property, from the* unrestrained
intruders let loose upon us, and the
encouragement they are allowed to
enjoy under the last ‘order’ to the. DOCUMENTS
agent lor this Nation, which amounts j relating to the boundary line lehecth
offender or offenders shall he proceed
ed against in the same manner afc if
the offence had been committed
ivithin tht jurisdiction oj the slate or
district to which he or they may be- t
long, against a citizen, or white in- l0 11 suspension of the force ol treaties,
habitant thereof.” ail( l ^ ie wholesome operation of the
The power of a stale mny put our ■“^‘■Dourse laws of the Unite,I Slates,
national existence untier its feet, and ! lel ' s0 |) aHedged bv the liar (>e-
coerce us into her jurisdiction, but it P an, . cu . t * - suspension, is, that
would be contrary to legal right and I !f U , keep requested So to do until
the plighted faith of the United Stales’ 1 Ie , c a ,n 110 . a(c bf Georgia lias
Government. It is said by Georgia, i 1 , e . t0 , a P 0l ‘ ,10n of the Cherokee’
and the lion. Secretary of War, that I V )unt, T 1,e determined; and the in-
one sovereignty eannot exi3t within I . U3 ., lll ! e I’emnin unmolested
another, and therefore we must yield i >l ! 1 “ ,n border limits of this Nation,
to the stronger power; but is not this e * caVB ,0 protest against this
doctrine favorable to our Government, i l ' n P‘ oeeuented proccedure. If the
which docs not interfere with any 5 0 ~ eor 8 la has a claim to any
other. Our sovereignty and fight Of !' D1 10,1 °/ 0l | r lands and is entitled by
enforcing legal enactments extend no , m , J as<lc,e [P them, let her seek
farther than our territorial )j m i( 9 i l ' 1,0l 'gh a legal channel to establish it;
and that of Georgia is and have always : au ^ u '° , do ho J? e “ at ,he Ulliled States
terminated at her limits. The I 'Y , n0t ! ufl ® r l,er ,ake possession
Constitution of the United Stales, j 0 . 1cm , ro,c,bl / aii . d investigate her
(article 6) contains these words; j Ca,m a ^ e runiils.
“all Treaties made under the authori- ! Arguments to effect (lie emigration
fy of the United States shall be the j of our people, and to induce us to es-
supreme law of the land,” and the (capo tlie troubles and disquietudes in-
Judges in every state shall he bound J cident lo a residence contiguous to the
deliberations.
'Vilh sentiments of the highest
gard ar.d esteem, we have Tlie
or to fie, very Respectfully, yolir Olj'f
Scv'ts.
ID
lonr
thereby, any thing in the laws or con
stitution of any State to the con-
ti*nry notwithstanding.” The sacred
ness of Treaties made under the
authority of the United States are
paramount and Suprertie, stronger
than the laws and constitution of any
state. Thts jurisdiction then of our
Nation over its soil Is settled by (he
laws, Treaties and constitution of the
United States, and has been exer
cised from time out of memory.—
Georgia has objected to the adoption
on our part of a constitutional fonnof
Government, which has in no wise
violated the intercourse and connex
ion wh»ch bind us to the United States,
its constitution and the treaties
thereupon founded and in existence
between us. As a distinct nation,
notwithstanding any unpleasant fbelirtgs
it might have created to a neighboring
state, we had the right to improve
our Government suitable to the mor
al, civil and intellectual advancement
of our people; and hail we anticipated
any notice of it, it was (he voice of
encouragement by an approving world.
We would,also, while on (his subject,
refer your, attention to the memorial
and, protest submitted before your
Honorable bodies during the last Ses
sion of cengrcss by our Delegation
then- at Washington.
Permit us also to make known to
you the aggrieved and unpleasant sit-
whit e 6, bhVe been urged upon us, and
the ariii of protection has been with
held that we may experience still
deeper and ampler proofs of the
doclrinO, hut we still adhere to what
is right and agreeable to ourselves;
and our attachment to the soil of our
ancestors is too strong to he shaken.
We have been invited to a retrospec
tive view of the past history of Indians,
who have melted away before the
light o! civilization, and the mountains
ol difficulties that have opposed our
race in their adVallce/jieiit in civilized
life We have done so, and while ue
deplore the fate of thousands of our
complexion and kind, tve rejoice that
our Nation stands, and grows a lust
ing monument of God’s mercy, and
durable contradiction to the iifiscon-
celvcd opinion that (he aborigines are
incapable of civilization. The op
posing mountains that cast feaiful
shadows in the rood of Cherokee im
provement have dispersed into vernal
clouds,, and our people stand adorned
with the flowers of achievement
flourishing around them, and are en
couraged to .secure the attainment of
all that is useful in science and Chris
tian know ledge.
Under the fostering care of. the
United States we have thus pros
pered: and shall we expect approba
tion, or shall we sink under the dis
pleasure and rebukes of our enemies?
the Cherokees and 'Creeks.
As (lie President of the United State.®
has undertaken to alter an acknowledged
line between the Cherokees and Creeks,
it may nut he unintoicrting lo pub'ish doe|
uments and testimonies relating to that
subject— -we shall therefore begin with (hi
following, vvliich were once pubihhed fas
the use of Congress.
Department of War, )
February 3, 18^1). $
Sin. In obedience lo a resolution,
ol the House of Representatives of
the 4lli ultimo, 1 have the honor of
transmitting herewith papers No. J to
10 inclusive, which, with tho expl«n f
atory notes on some of them, furnish
all the information that the records of
this Department contain, touching any
“compacts or agreements” between
the Creek and Cherokee tribes of In
dians on the subject of their “boun
dary lines,” and the “correspondence*
relating thereto, as called for by U#
resolution above mentioned.
I have the honour to he
Your obedient servant,
P. B. PORTER,
lion. Andrew Stevenson.,
1 Speaker of the House cf Rep-
No. 1.
Extract from minutes of occurrences at
loil Jackson, during the negotiation
of Jackeon s treaty, as furnished
Col. Jlawlcins. United 'States
for Indian Affairs in the Creek ~na*
lien, in August, 1815. . -
’■'■Certificate nlaticc to the Creek
Cherokee boundary.
“Be it known and remembered,,
that the Cherokee and Crrek chief-
assembled at Fort Jackson, the first
with a view to agree with (he latter
on a boundary line dividing the lands
of the two nations, (hat, on proposi
tions being made by the first to make-
definitive settlement of the boundary
of said lands, the second replied that
they had no objection at some time
to settle their boundaries with the
first; that in the present distressed
state of their nation, they could not
enter into business with that consider
ation and deliberation w hirh the sub
ject required, hut would do it at
some time not far distant; and that,
until this could b,£ done, they had no,
objection to the. Cherokees settling
themselves down.on lands whjcb they
might deem clearly within their prop-
bye
agent ■
and