Cherokee phoenix. (New Echota [Ga.]) 1828-1829, February 28, 1828, Image 2
thority, as many Justices of the Peace as
it may be deemed the public good requires,
whose powers, duties and duration in office,
’ shall be clearly designated.
Sec. 8. The Judges of the Supreme
Court and Circuit Courts shall have com
plete criminal Jurisdiction in such cases &
in such manner as may be pointed out by
law-
Each Court shall choose its own Clerks
for the term of four years; but such Clerks
shall not be continued in office unless their
qualifications shall be adjudged and approv
ed of, by the Judges of the Supreme Court,
and they shall be removable for breach of
good behaviour at any time, by the Judges
of their respective courts.
Sec. 10. No Judge shall sit on trial of any
cause, where the parties shall be connect
ed with him By affinity or consanguinity,
except by consent of the parties. In case
all the Judges of the Supreme court shall
be interested in the event of any cause, or
related to all, or either, of the parties, the
Legislature may provide by law for the se
lection of three men, of good character
and knowledge, for the determination
thereof, who shall be specially commis
sioned by the Principal Chief for the case.
Sec. 11. All writs and other process
shall run, in the name of the Cherokee Na
tion, and bear test, and be signed by the
respective clerks.
Sec. 12. Indictments shall conclude,
“against tlfe peace & dignity of the Cher
okee Nation.”
Sec. 13. The Supreme Court shall hold
its Session annually at the Seat of Govern
ment to be qonvened on the second Mon
day of October in each year.
Sec. 14. In all criminal prosecutions,
the accused shall have the right of jjeing
heard, of demanding the nature and cause
of the accusation against him, of meeting
the witnesses face to face, of having com
pulsory process for obtaining witness in his
favour; and, in prosecutions by indictment
or information, a speedy public trial by an
impartial jnry of the vicinage; nor shall he
be compelled to give evidence against him
self.
Sec. 15. The people shall be secure
in their persons, houses, papers and pos
sessions from unreasonable seisures and
searches, and no warrant to search any
place or to seize any person or things, shall
issue without describing them as nearly as
may be, nor without good cause, supported
by oath, or affirmation. All pjisoners shall
be bailable by sufficient securities, unless
for capital offences, where the proof is ev
ident, or presumption great.
AA* DhfMcd Drf Td&hT MIT D J TA'
Jt(F> I)tf TGToCU CIkOT
1 wU
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i-4a>a.
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caeAG-awS Ai\sa dp^pa^ d<t am
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e cpEwcra o’lwiT^a i-4dta.
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Gwy so^Atsxr 5 ©ATdea<fti-dea, Drf
aAJBPdey sax o=<uvw®a i-4dea.
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Aao?y-s> qdfcu" di^pa^t Gwy so=ax
Aa DcT S^'V’a Mi S^hfPPXrO-T OWJT
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13. o^iro-aqAadsy esaBan wp -
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Aiq (viidiso-cs Dvgp eT,o-Pdty o=ir
^TPT»d?a ii>y o=cai, o»e<5?<r»&<s>Aadfy _
h Gin d/ia aqAAa P4<*!a. Drf
Dh>^?TPAa in (paq'Aa^ o=<vii dit/l -
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15. o-c,Aa,a(T» DA?«»a eni b©
I.IiAq, Dtf AJ!5P SIid®XIiA(P., Dtf JE*
ca?a (piidd, xc ai-iruo-a Dtf aMr"
yua d^jV* /5.i-4t*a. Dtf tgt- ajup
DAPdip-dta a idea oiua dta/5 Dtf 0=11”
na^> b© Dtf Ardea, EM-Rdiyii qe -
dtiir 5 ©Ai-d«a, asr-ATdJa ^p ia-Re
i-4dra. Dtf Ardea ^p i«gpp^t^i<»i“
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seira i-4d?a. DhByz ai-iphTdea
P4dta tgtz Ecaidtsr-dsy t,h&,ad®i-"
otia; TGrdeyhzo- wire o^hdiiso-csa
y, Dd 1 (PlidiSO-Cs EhMlTGT I-4dda.
co^miTNirATfoxs.
FOR THE CHEROKEE PHffiNIX.
STRICTURES,
On “ The Report of the Joint Commit
tee on the stale of the Republic,” in the
Legislature of Georgia, on the subject
of the Cherokee Lands; purporting to
prove the absolute jurisdictional right
of the said state to the same.
This document, bearing on its front
an imposing form, deserves a passing
notice from those, who are vitally in
terested in the subject of which it
treats. The field of argument is al
ways entered, by the Aborigines of A-
merica, encumbered with peculiar
disadvantages, when compared with
those of their white neighbours, who
have power and science to sustain
them. Impressed with the knowledge
of my Inadequacy for the task, I enter
the list, at the request of a friend,
who calculates more on me, than I
dare expect to accomplish. But truth
is apt to penetrate the gloom, which
sometimes surrounds it, and justice
will follow after to disperse the black
'clouds that hang in threatening vo
lumes, over the habitations of peace
and innocence.
In the first place, “ The Joint,Com
mittee” speak of the “ momentous
subject,” they are required to exam
ine, and tell us, they “ have bestowed
mature and deliberate consideration
uoon the subject,” “and although
some of the positions which they feel
wat’anted in occupying, may at first
view anpear bold and novel, yet they
cherish the hope, that, by adverting to
the well ascertained and long estab
lished law# of nations, those positions'
will be found abundantly supported.”
Tbev next, after speak’ng of their mf-
ff>'n r in si ] enee and their moderation
and forbearance, propose to discharge
their duty, by inquiring,/wtf, into the
nature and pr -sent situation of their
claim on the General Government
This claim ori dilated and is embrac
ed in a impact of 1809, entered into
be*ween the Upited States and the
Sbate of Geor ia. wbi-h bin 's the
United States, at their own expense,
to extinguish for the use of Georgia,
all the Indian lands, situated within
her chartered limits, “ as early as the
mme can be peaceably obtained on rea
sonable terms.” The language of the
compact is plain and explicit, as all
treaty stipulations should be, and ad
mits of but one construction, and this
does not impair the Cherokee title;
the saH compact being the exclusive
act of Georgia and the United States.
Georgia asserted a claim to a vast ex
tent of country, of itself an Empire,
if its extent is considered, then .own
ed and in the possession of formidable
and warlike Indians, whose southern
frontier bordered on the Spanish Pro
vinces. This claim of Georgia was
destitute of lawful foundation, either
natural or divine, but existed in a roy
al Grant of an English Sovereign, who
had never seen it; a country, which
the proudest and the most daring of
his officers had never surveyed.
The United States, acquainted
with the instability of savage nations,
and calculating on the surrender of*
their lands, by treaty or otherwise,
purchased of Georgia the pre-emption
right of all the Indian lands in question
to which, as a State, she asserted a
claim. Georgia had no right, had she
the power, to drive the Indians from
those lands, or to purchase them; hav
ing previously surrendered her right
of making treaties, and of trade, to
the United States. Georgia very
well knew, that the Cherokees, un
der the protection of the United
States, lived nearest to her jurisdic
tional limits- which rendered their ter
ritory the more desirable. They
were connected with the United
States by treaty, which guarantied to
them their lands. They were in
their native and untutored state, and
delighted in hunting. The enterpris
ing sons of North Carolina and Virgin
ia had already greatly extended their
settlements in their rear; and the
Creek war having taken place, in
which the Cherokees assisted the
United States throughout, and the
Creel s having been defeated, their
country fell into the hands of the con
querors, the United States, who es
tablished the States of Alabama and
Mississippi. In consequence of these
events, the outlet for game was ob
structed by the white population, and
the Indians were of coursfe compelled
to hunt near home, where the game'
w f as destroyed. We are not dispos
ed to attach blame to the United
Stales for these eounsequences.
\ 1 coincide with the Joint Commit
tee, that the time of the fulfilment of
^promise of the United States was
lefr “indefinite and uncertain.*-—
This strengthens the construction of
the words, “ reasonable and peacea
ble terms,” which forbids any one to
believe, that the promise was abso
lute and positive. If the Cherokee
lands were intended to be obtained
u by any means,” their probationary
existence, for the operation of peace
able inducements, would have been
limited, perhaps to this year,* 1828,
and the fulfilment of the promise
would not have been disposed of in a
state of uncertainty qs to time. Lan
guage explicit and clear w ould have
been used in the compact, that, if the
Cherokees refused to yield their
tountry for compensation, they should
le “ousted” of possession, at the point
olthe bayonet. But Philosophers and
Statesmen were parties to the con
tract, and could not commit them
selves into obligations of inhumanity.
The Cherokees were their allies,
such as they were, by the solemnities
and formalities of treaties sanctioned
& ra/ified by Sages & Patriots of Ame
rica! If the United States had bound
themselves to the extent imputed to
theji by the “Joint Committee,” we
maf apprehend the language of their
promise as the following: “ We will
exinguish the Indian title to lands in
yojr limits, by any means in our pow
er! as early as possible. The laws
of Nat ions do not authorize force, and
riant does not dwell in the sword; but
wq will use both, because we are
stipng now, and independent of En
gland, and are at peace w r ith Europe.”
Wj\o in these days would think the
United States guilty of such a prom
ise, or Georgia sa lost to sensibility
to require it!
“ We admit,” say the Committee,
“ that, after much anxiety and delay,
Georgia is about to reap the full ben
efit of the contract in question, so far
as it regards her lands situated with-
in the Creek Nation of Indians. But
the manner in which this has been ac
complished, compels .us to say, we
are less indebted to the General Go
vernment for the result, than to the
exertions of our late able and patriot
ic Governor.” General. Gaines Q.ffi
cially obtained ample testimonials of
the “manner,” in-which the “Old
Treaty” of the Indian Springs was ef
fected. These documents were call
ed for in the Senate, when the Geor
gia Senators were opposing the ratifi
cation of the new treaty; and what
ought to be a little curious, the Geor
gia Senators opposed the call. If the
“ manner” by which the Creek lands
have been obtained, reflect credit to
the energy and patriotism of the “late
Governor,” why were these docu
ments suppressed? “I too have been
a looker-on in V enice.”
Let us now view the consequences
of the “manner” in which these lands
were obtained. The unfortunate Me
Intosh* naturally noble, if not deluded,
was first seduded into a treaty with
money, and with a promise of protec
tion in his ears. At dawn of day, he
awoke from his slumbers by the yell
of his injured countrymen, his house
enveloped in flames and his wives and
children mingling their cries with the
ascending smoke. Fighting bravely
with his musket in hand, he fell at his
door, shot down by his once admiring
friends, but now his enemies. He
was dragged, after death, by the heels,
to the edge of his yard, and his head
shattered to pieces by repeated vollies
of rifles, in the presence of his chi]
dren. This was the consequence of
the “manner” of obtaining the lands
in question! Two other chiefs shar
ed his fate, vrith but little less of cru
elty. Poor ignorant and unfortunate
Chieftains! You deserved a better
fate, if you had been under the influ-
of better counsels.
e re-
ero-
ar on
; and if,
as the
$.
scribe
e sur-
the United States to c
volters to their power
kees also were engage
the part of the United
at the conclusion of the
“Joint Committee” say, tli
had the opportunity t
terms to the Cnerokecs
render of tWfcir lands, they woufcl have
been guilty of unnatural conduct to
their allies and friends.
Complaint is made against the Uni-*
ted States, by the Committee, for ad
ding comforts to the Cherokees, and
exercising policy calculated to pro
mote their civilization,nvhich tends
confirm their attachment to the soil.
The policy of adding comforts and pro
moting civilization originated with
Washington’s administration, and has
been pursued by his successors to the
present time. The United States
were bound by treaty,* to furnish the
Indians v with the means of improving
them from the condition of hunters to
that of tradesmen and farmers, to
which the Cherokees have successful
ly arrived.
SOCRATES.
[to be continued.]
*The Treaty to which we suppose our
correspondent alludes is the T reaty of peace
and friendship entered into between the U*
nited States and the Cherokee Nation of
Indians, at Holston, in the year 1798, four
years previous to the date of the compact
with Georgia. Ed.
“And Alabama has been acquired,”
say the Committee, “for the use of the
United States, upon “peaceable and
reasonable terms,” since 1802. This
is a mistake as to the former term
however true the latter might he
The Creeks having become hostile in
that quarter, the Head Chiefs nearest,
to Georgia were pacific and assisted
NEW ECHOTA
THURSDAY, FEBRUARY 28, 1828.
The following communication of“AChe-
rokee” we publish pretty much as has been
handed to us, excepting a single sentence,
which we have taken the liberty to omit as
being too manifestly personal.—It is not
pretended,we believe, by any, that the Con
stitution, lately adopted for the Govern
ment of the Cherokees, is without its faults,
or that it will be interpreted universally a-
alike. “A Cherokee” has a right to en
joy his opinions, and the undeniable liber
ty of expressing them.
MONEY AND PRINCIPLES.
In reviewing the Public offices of
the Cherokee Nation now held by dif
ferent persons, it will be found, on
recurrence to the signers of the late
Constitution, that there is no confor
mity to it in their subsequent pro
ceedings, compared with their asser
ted principles. The late constitution
was composed of twenty one mem
bers, ten of whom were then mem
bers of the National Committee; to
them and other Counsellors this con
stitution was submitted for the gov
ernment ofthe Cherokees. The law
which created the above Constitution
has these words—“that after the rise
of the Council of 1827, the new Con
stitution shall go into full and opera
tive force.” This Constitution in
article 4.th “contains these words;
“that the judges of the Supreme and
Circuit Courts shall receive no per
quisites of office, nor hold any other
office ofjqrofitor trust.” It is much
t© be feared that the last Council, in
electing John Martin, one of the sign
ers of the Constitution, Treasurer of
the Nation for one year, have infringed
on their principles recommended to us
for our government. That the elect
ed treasurer is adequate to the duties
of the department is admitted by all.
But when the Constitution was go
ing into force, it was inconsistent and
exceptionable in a high degree to have
elected a treasurer who was at the
same time a presiding Circuit Judge,
a Judge of the Supreme Court, and hol
ding a 4th executive appointment ps
public Turnpike keeper on the Fed
eral Road:—being one of the signers
of the Constitution, who were so care
ful as to distribute offices, so that one
man should not hold more than one Con-
stitutional appointment,& now exercis
ing the duties of four different offices.
In what way then can his gcceptahce
of the treasury he safely accounted
for, if it be not that friends exalt high;
and that emolument of office, has in
duced an abandonment of principles,
which were at the same time advised
for the Cherokee Government. It is
feared that the last Counci), having
established a precedent in keeping the
treasury at Coosawatee, in preference
to New Eehota, the seat of govern
ment of the Nation, will in'the next
‘treasury election, add to our present
inconvenience in respect to that de
partment. by sending it np to the moun
tains on the skirts of N. Carolina, or
to some place more inacessiMe. It is
one of the most novel ideas in legisla
tion that has ever occurred in the an
nals of history.
A CHEROKEE.
We publish to day a part ofa Report of a
joint Committee, in the Legislature of
Georgia on the Cherokee l&mU. We think,
it proper that those of our readers in this
Nation, who have not seen this extraordin-*
ary document, Should be informed of the
proceedings of some of those we are accus
tomed to call, elder brothers. This report
is drest with very strong language, and had
we never ,before realized a similar speci
men of “ moderation” from that quarter,,
we should consider ourselves in a serious
dilcnirrtat'.' The present would certainly be
a troublesome tirtie with us, if our welfare
depended on the will ofthe Committee, we
do not say the people of Georgia, for we
are unwilling to suppose, that the princi
ples contained in the report can ever meet
with the approbation Of the people of a
Christian state. We have had our trial©
and difficulties before, and perhaps it is the
lot of Indians, never to find a resting place,
never to enjoy a spot of ground which they
can call their own, and which their white
brethren will ever condescend to do them.'
the kindness if not justice, to acknowledge
as such. At such times as the present, we
have been wont to look to the General Go
vernment for aid, and justice requires us to
say, not in vain. We have full reason to
believe that it will not now forsake us, and
deliver us up to those who seek our hurt.—■
We beg our readers to peruse the extract
ofthe Report ofthe “Committee on Indian
Affairs,” in the house of representatives,,
which we publish to-day. Tho’ an appro
priation of $50,000 is recommended, to ex
tinguish the Cherokee title to lands within
the chartered limits of Georgia, yet we
cannot but admire the liberality with whic»
the Committee were evidently actuated.#-
There is a striking contrast betwe<jp the
two reports.
CONGRESS.
Nothing very important has been dowt
as yet in Congress in regard to Indian af
fairs, so far as has come to our knowledge*
and we presume nothing very decided will
be effected during this session. We hop®
the kind feelings of the General Govern*— fj
inent towards the Indians will be continued,
notwithstanding' the hot talk of the Legist-
lature of Georgia. Our readers may hope
that this will be the case, from the follow*-
ing extract ofthe report of the Committee
on Indian affairs in the house”of Represer*-
tatives. V.< ,
fa V
The committee recommend that ft
further sum of $50 C)00 be made an d
placed at the discretion of the Rres i-
dent, to aid such othier Indians as may
be disposed to emigrate to the west of
the Mississippi; and that the President■[
be authorized and empowered, out of ; f|
said last mentioned appropriation, tog
extinguish the title of the Cherokee J
Indian to any land within the limits of
the State of Georgia, at any time whaa|
he may be able so to do, “upon peace
able and reasonable terms”. Tins
the United States are bound, by
compact with the State of Georgia,,
to do; and the committee are of opin-l
: - that the United States are bound q
in good faith to the citizens ofthe State |
of Georgia, to hold themselves in read'
iness at all times to fulfil said engage
ment.—They, therefore, recommend
the aforesaid appropriation, as appli- .
cable to that object, apT to aid the said *
Cherokee Indians, apd such other In
dians as may be disposed, to emigrate
as aforesaid. Tke committee beg-
leave to refer Jjj> a report made by?
them to the Ho™p of Representatives
during the present session, (No.fi7,)
which is intimately connected with
this subject; mid also to certain resolut-
tions of the Legislature of the State
of Georgia, ^report of a committee ofi
ontained in document
ferred to the commit-
airs,, & which is caleu-
the necessity of this
that body,
No. 102, w
tee on Indi
lated to ex
appropriate
The co;
ittee therefore submit
the following resolution:
Resolved. That the sum of $25,12=', jj
be appropriated for the objects speci-
te; from the Treasu*'
arked “submitted,” >
e appropriated for
Indians in their,
mississippi; ondi
"',000 to enahlej
ited States t«
he Cheroket
be done upon|
reasonable terms,”:
Cherokees, and snell
othel Indians as may disposed, to emi-f
grate west of the Mississippi.
fied in the e
ry Departm
and that $5'
the aid of the
removal we?
the further
the Presiden
extinguish
Indians,
“peac
and
CHOCTAWS.
From a letter lately addressed to'u*#br
Col. David Folsom one ofthe Princip»J
Chiefs of onr Choctaw brethren, vs
make the following extract.