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4JuU4Jb W 4JBa®# 4A4JaSS4S>I MwWl a JAUJES A- WRIGHT, Editor. PUBLISHED EVERY SATURDAY MORNING BY SAMUEL S- JACK. Terms* ■ Three Dollars per annum,in six months or four Dol lars at the expiration of the year Subscribers tivimr out of the State, will be expected in all cases to pay in advance. No subscription received for less than one year, unless the money is paid in advance ; and no paper will be discontinued until all arrear<r«s are paid, ex cept at the option of the Publisher. Persons request ing a discontinuance of their Papers, arc requested to bear in mind a settlement of their accounts. Advertisements will be inserted at the iwunl rates; when the number of insertions is not specified, they will be continued until ordered out. IT All Letters to the E liter or .Publisher, on rnatters connected with the establishment, must be I.’ost Paid in order to secure attention. 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JT For Advertisitia—Letters of Citation, §2 7;> [Jj’NiJtiee to D'-btors and Creditors, (43 dtiyx,) 3 25 Four Month Notices, 4 DO Sales of Pcrscmtl Property by Executors, Adminis trators <>r Giianlii its, 3 2.> Sales of I,am! or Negroes by do. 475 Application for Letters ot Dismission, 4 50 Other Advertisements will be charged 75 cents for every teirtecn lines of small type, (or since < qni v ilcnt,) first insertion, and 50 cents |.«r » a< - h wc> kly continuance. 11 ’ pnbl.sbcd every other wri-k. <>'.’4 els. for each,contimiunco. It published once a momh it ; will bo charged ctieh time as a new advert semi nt. I For a single insertion one Dollar per rq iare. COW REMSIOUL. « J IN SENATE. Monday, January 19, 1838- CHEROKEE MEMORIAL. Mr. I mmpkin said, in compliance with a resolution of the senate, a communication from the War De partment has been made, and has been lying on your table for a week or more past, furnishing copies of the correspondence held with that Department in connection with the subject of the execution of the ehc rokee treaty of 1835. Mr. Tipton inquired if the docu ment which the senator referred to was the memorial of John Ross and others, presented at the last session, and laid on the table. Mr. Lumpkin replied that it was not, and again explained the nature of the document. My object (continued nr. Lump kin,) in rising at this time, is to ask for the printing of the communica tion referred, to, together with the accompany correspondence. Altho' I have not had an opportunity of ex amining fully, what lias been com municated upon this subject, I take it for granted that the requirements of the resolution have born complied with; and if so, I deem it important that the Senate ami the country should, without delay, be put in pos session of the information commu nicated. The importance which I attach to having this information dif fused, arises from the consideration that it w ill tend effectually to disa buse the minds of those who labor tinder the misapprehension which has been created by Mr. John Ross and his associates in regard to the validity of the treaty referred to. While Mr. Ross continues to pro test against the validity of the treaty, and is re nonstrating t »every depart ment of tho Government against its execution, this communication will show that the Government not only considers the treaty the supreme law of the land, but has steadily progres sed in its execution, and that the trea ty has actually, to a very great ex tent, been already executed. That much, very much, has been done to- wards the execution of the treaty, which cannot be undone. With me, sir, the present condi tion of the Cherokee people is a sub ject of great solicitude. In w hatev er light I maybe viewed here or ■elsewhere in regard to my feelings and policy towards this people, I am that the day will come,and is not now far distant, when my course of policy towards these peo ple, from the first to last, w ill receive the general approbation of all those who are well informed on the sub ject. At tiiis moment, sir, nothing hinders the consulnation of this trea ty with the Cherokee people, which would make them not only comfor table, but place within their reach, ! the means of making them the most independent and best provided lor people of any community in these United States, but the opposition of Mr. John Ross and his associates, aided as they are by many influential and talented individuals, whom 1 am forced to believe are laboring under great misapprehension, in regard to the true state and condition ol these people, and the impending dangers | which are threatening them at the ; present moment. This treaty, sir, lias been made and ratified according to the forms of our Constitution. It was negoti ated with a delegation of the Chero kee people, who, in point of intelli gence, patriotism, education, moral- I ity and probity of character, will not only bear a fair comparison with Mr. Ross and his delegation, now perhaps in the hearing of my voice, but they v ould gain by a comparison with any delegation ol the aboriginal race who have ever negotiated and signed a treaty w ith the U. States. 1 have seen, and read, sir, Mr. i Ross’s memorial, and its appendages to the present Congress, which has bet'll printed by the other branch ol Congress, and laid upon our tables. In that memorial, he greatly dero gates from th<xcharacter, <ind im- 1 pugns the motives ol the individuals w ho negotiated and signed the treaty of 1835. And that document being printed and circulated by order ol one branch of Congress, I will now notify the Senate that 1 have in my possession a document, written by Mr. Elias Boudinot, late Editor of the Cherokee Phoenix, and one of the principal agents who negotiated and signed the late treaty of 1835, in the nature of a reply to the various allegations contained in lhe w ritings of Mr. Ross herein referred to. Mr. Boudinot is a man of education, re finement, probity, and high moral sense and character, and at. all times been the able and efficient advocate and defender of the rights of his peo ple. 11c has been with them in their six troubles, and is not disposed to forsake them in their seventh. If left to his guidance, lie would gently lead them out of all the difficulties by which they are now surrounded, and plant them in a land of excellent promise. Mr. Boudinot is not only a nominal Cherokee; he is identified bv blood and feeling with these peo ple. having but little mixture of the white blood in his veins. The propriety of printing the communication, and reply to which 1 have adverted, arises from lhe fact that the Cherokee people are kept ina state of delusion and misappre hension m regard to their present condition. They unfortunately be hove that Mr. Ross is here, doing something to abrogate or overturn the late treaty, and no doubt many of then: believe that no valid treaty has been made. This is a ruinous W 2 .*» d o m , Jn.sli cc, aeh d Jllodcrat i o eh. ROJIE, FLOYD COUNTV, GEORGIA, FEBRUARY 17, SS3B* delusion to these unfortunate people,! for the time is now drawing to a close when they must take their de parture for their new homes in the West. The time stipulated for their final departure in May next ; and when the time arrives, go they must; no power can abrogate or overturn this treaty. And these people in stead of being kept back by the ope rations of Mr. Ross, ought to yield to the advice of better friends, who stand ready to take them by the hand and lead them forth to their promis ed land of rest, where I trust these unfortunate people will cease to bej troubled by the white population. 1 Payments have been made under the provisions of this treaty to a very large amount. Nine-tenths of the most intelligent and wealthy Chero-' kees have availed themselves of the advantageous and liberal provisions of the treaty, and have become reci pients under its provisions, and have and are going to the West. T'iie only difficulty is with the ignorant and deluded, who are still looking to the operations of Mr. Ross and his delegation, who. 1 understand, still remain here, and I am informed are writing letters home that* their pros pects arc encouraging. Now, every one here very well knows that this treaty will be executed; but these un fortunate Cherokees are still deluded through the channel pointed out. Mr. Tipton now understood the document to which the Senator from Georgia alluded, and was highly in favor of printing it. Not understand ing at the document was that the Senator w ished to print, ho was under the impression that it was the memorial of John Ross, whose | conduct in staying in this city, and writing home letters to his people, to induce them to oppose obstacles in 'the way of the execution of the trea ty, was producing the most injurious! effects, not only to the Cherokees ’ themselves, but to the Government. 'As this treaty had been executed al ' most entirely, with the exception on ly of so far as related to that smal ; portion of the tribe yet adhering to John Ross, he thought it highly de sirable that that the documents I should be published, that the coun try might properly appreciate its be neficial tendencies—that the perni cious counsels of John Ross might be counteracted, and that it might be shown to the world at large, that the Government w as resolutely determi ned, mildly, but firmly, to carry out with the people its benevolent policy 1 of removing them from their present dangerous situation, without which it is impossible the race can be pre preserved. The question Mien being taken on printing 500 extra copies of the com munication from the War Depart ment. it was agreed to. Mr. Lumpkin then offered the fol low ing resolution, w hich was consi dered and adopted : Whereas, A memorial, accompa nied by various other documents, of a delegation of the Cherokee nation of Indians, remonstrating against the validity of the Cherokee treaty of 1835, has been printed by order of the House of Representatives; ad whereas said memorial and docu ments not only call in question the validity of said treaty, but greatly de. rogatc from the character, and im. pugn the motives, of thosef individu als ol the Cherokee nation w4jo ne gotiated and signed said treaty on the part of the nation. And whereas, Elias Boudinot,late editor of the Cherokee Phoenix, and one of the principal ag nts ol the ! Cherokee nation, who negotiated and signed said treaty, has written a reply to the various allegations set forth in the memorial referred to : j therefore be it Resolved, That fifteen hundred copies of the reply of Mr. Boudinot referred to, be published for the use of the Senate. house of Representatives. Monday, January 22, 1S38: CHE ROK E E M E MOR IA L. Mr. Everett moved that the House take up the memorial of a Delega ' tion of the Cherokee nation, rcmon -1 strating against the treaty of New* Ecliota of December, 1835. present ed by him on monday last, and ly ing over. Mr. E. explained that ho did not desire to debate it, but merely to move its reference to the Committee on Indian Allairs. Mr. Owens objected to the memo rial being taken up, and called for the yeas and nays on the-motion, which were ordered. Mr. Crambreleng inquired wheth er it would not be in order for the gentleman to submit this motion when the State of Vermont should be called for petitions. The Chair replied that it wms c qually in order now. Mr. Cambreleng inquired further whether the memorial would not come up as a matter of course w hen that State was called, having been presented by a gentleman therefrom. The Chair replied that it would not under the new rules. The House determined to consi der the memorial—yeas 83, nays, 83. .. Mr. Everett then moved to refer the memorial to the Committee on Indian Affairs, with instructions “to report the facts in the case.” Mr. Haynes moved to lay the whole subject on the table. Mr. Everett called for the yeas and nays on that motion, which were ordered. Mr. Wise inquired if it would be in order to call for the reading of the memorial. The ( hair replied that it would not. on a motion to lav on the table. Mr. W ise wished to know how the House could vote understanding ly on a subject it had never heard read. The chair said the question had been so decided by his predecessor and assented to by the House. Mr. Owens informed the gentle man from Virginia, that the memori al, and all the accompanying papers had been printed under the order ol the House, and laid on lhe table of the members. The motion to lay on the table was decided in thj/ negative —yeas, 93, nays 91. So the House refused to lay the subject on the table, and the ques tion recurring on Mr. Everetts mo tion to commit with the instruction. Mr. Haynes rose, and said that il they were to have a Cherokee war, he believed it was as well to have it then as at any other stage of the pro ceedings, and he therefore moved the indefinite postpondment of the whole subject. Mr. Everett was unwilling logo into a discussion of this matter be fore the facts of the case were re ported upon; but if we must have a discussion at this time, he would take occasion to make a tew remarks at present in relation to tin/memorial. He considered it a question of very j great magnitude, of perhaps as great magnitude as any which would pre- sent itself to the consideration o the House at the present session’ and he was surprised to find that mo itionS should be made to lay it upOD | the table for the purpose of prevent i ing a hearing of these petitioners. 'Die question was of importance, not only so far as it related to the rights of the Cherokees, but so far as it related to the character of the American Government. There were ! many things which recommended the ' memorialists to lhe favorable consi deration of the House. This tribe has at all times been friendly to the | United States, and he was gratified to sec it stated, in a speech of’ an of ficer of the Government, that they had stood side by side w ith us here tofore, fighting for the common cause jof liberty; and on this ground ho looked upon them as being entitled to the consideration of the House and the nation. It was also to be recollected, that these people had ar rived at a high state of civilization, nearly as much so as those of our inhabitants in that vicinity. This treaty, then, which they complain of when carried into force, proposes to remove them from their homes w hich, have been _'m proved and made com fortable, and send them into the wil derness to seek new abodes. This ! scorned to be doing them injustice, and of all the various species of in justice, that is the most intolerable; which cloaks itself under legal forms | There might be great injustice done to these people from other causes, but they were as nothing compared, with this which they now complain of. We to be sure have a treaty, and that treaty has been ratified by the Senate, but they assert that this treaty was not the act of the nation, and they ask this House to inquire I into the facts of the case. 'I hey state that their nation consists of about eighteen thousand persons, while the treaty was made by about eighty, and that this eighty were unauthorized by the nation. Now the Govern ment had evidence of a treaty being made, but as it was not made by the Cherokee nation, as these me morialists represented, he would ask whether it would bo expedient to plunge the country in a war, for the purpose of carrying it into effect. At any rate, he trusted the House would not refuse to consider this memorial and inquire into the facts set forth by the memorialists. 'Die Chair here announced that the hour had arrived for proceeding to the special order ol the day. Mr. Hopkins gave notice of a mo tion to reconsider the vote refusing to lay the subject on the table. 'Die (’hair having entertained the motion by directing its entry on the journal. Mr. Mercer raised the point of order, that the motion could not in tervene in the remarks of the gentle man from \ ermont, mid insisted up on the entry of his objection on the journal. , The subject was then ordered to lie over, tin? special order coming up. r I he Convention of the Southern Delegation (says the correspondent of the Southern Patriot,) were again in session on Saturday, but no reso lution or further mode of action was decided upon. It is rumored that they w ill shortly prepare and present a report to the country, on the exi gency which has brought them to gether. Vol. L“" 5.