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 8. o a a w O“ -MtAUojy sss&anz aq _ A-J<»y o a i*.pTi?iw>a o»<»so-c=, Dae y crPo®t,hL<«>a>% *4M>a. 9. aqAa«;y o^o-it jev>^«»a mt <»a aEc,Zv&sw/iA o*y asam*; 4>Mr _ JO'Tow.-syhzcb o^’o- aaAa*y^> Mr' wao-aw K4wa. tgt dj Ar«;a cv>n* azamviaw asEanvao^ i-4a>a. 10. aJAa<»y in jsaa-i .&i*4<*a Ttrz aei^TPAA Ardea^e* <uk tctz hs<r» o a iro* aqAa«y caeAG-awS Ai\sa dp^pa^ d<t am ^y aevpTPAa, d<t uwV* Ar<*>a o=o-o- >s>y, o=<ro- »r wex aiiwsy EcaiAToiia lyf d?a DhK Dhdcst® eho®so-e d<t dust wot Kst^o®a,s ed®y jqAAa.5, Da' e cpEwcra o’lwiT^a i-4dta. 11. hsx aj«p aqAad®y jeuiBAa Gwy so^Atsxr 5 ©ATdea<fti-dea, Drf aAJBPdey sax o=<uvw®a i-4dea. 12. - M..5PA A^p so-idBPdca ar Aao?y-s> qdfcu" di^pa^t Gwy so=ax Aa DcT S^'V’a Mi S^hfPPXrO-T OWJT •qAa p-4<aa. 13. o^iro-aqAadsy esaBan wp - JX O^OAlrV’O-a O-TpSX ®^t o , ir , o- jw ®Toea^> aei.A(i,<r i a K4aa. 14. y® aqAatey.5 Dir»s>FA?d?>a DSiPSAadeyh i-4dra, Do- Tcrota i-r Dlt»5PA»k 0-X.\Vh4a I-4dea, DcT Dir sw jet.AG.f’a i-4«:a, DcT edr*^ Dhswa Ec,otSPdry D4 ©ai-irceo-a 1-4<»a. liSXZ T«eii>5PA3d Dv(?P Mr - 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 - xa >si-4(*a. 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“ 0-a i-4di'a, d<t nei-^TPAa aasp 3ir 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.