Cherokee phoenix. (New Echota [Ga.]) 1828-1829, March 13, 1828, Image 2

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COMMON I CAT IONS. STRICTURES, On “ The Report of the Joint Commit tee on the state 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. [concluded.] From this subject, which the Com mittee denominate “gloomy,” they turn to the second branch of their in quiry, and tell us for the first time, that they are able to establish in the state of Georgia, a good, legal, and perfect title to the lands in question, and that they have the right, by any means in their power, to possess them selves of them. How unfortunate it is to the contracting parties, that this l ight was not thought of in 1802, when Georgia “ sold her birth- right for a song.” "When, in the history of civil ized diplomacy, she afforded to the world the remarkable spectacle of purchasing her own lands! The Com mittee are unfortunate in the selec tion of a position, which is truly “nov el,” but at war with the nature of trade, as conducted at the present day. In the next place, they call our atten tion to the discovery of America, when it was the pratice of discoverers to take possession of vacant lands for their respective sovereigns, under whose auspices and'flags they sailed. “The discoverers,” say they, “asserted suc cessfully the right of occupying such parts as each discovered, and thereby established their supreme command over it, asserting their claim both to domain and empire.” “By domain’’’ say they, “ we mean that, by ‘ virtue of which a nation may use the country for the supply of its necessities, may dispose of it as it thinks proper, and derive from it any advantage it is ca pable of yielding;’—and by ‘Empire, We mean the ‘right of sovereign com- jnand, by which the nation directs and tegulates, at its pleasure, every thing that passes in the country.’ ” This lucid explanation of “ domain and empire,” is taken from Vattel s Laws of Nations. It affords me plea sure that the Commit ee consulted this work, which is open to me also for the same use. In our Courts of justice, when a witness is called to bear testimony in either a civil or criminal case, he is called upon, on oath to tell the whole truth, and noth ing but the truth, in the ease depend ing. The witness is not called upon to tell a part of the truth, but the whole truth. As Volt el is the text "book, let us ask him a few questions on the subject of our discussion. 1st. You have satisfactorily ex plained the meaning of domain and empire, tell us in what situation and when can a nation assert these rights to any country? Answer. “ When a nation takes pos session of a country that never yet belonged to any other, it is consider ed as possessing the empire or sove reignty, at the same time with the do- a^am,” 2d. Georgia claims the right of em pire and domain over the whole of its chartered limits, and over lands in the possession of tnc Cherokees;—toil us how far a nation have right to arrest their domain and empire, or have they the right to assert to as much space as they please? Answer. “ The whole space over Which a Nation extends its Government, is the seat of its Jurisdicction, & call ed its Territory. ’ 3d. The Cherokee Nation is com posed of a number of free families, •spread over a district of country which has been held by them from time immemorial; are they in legal possession of it, and how far does their right of command extend? Answer. “If any free families over ftn independent country come to unite in order to form a nation, or state, they altogether possess the empire over the whole country they inhabit. For they already possess each for himself, the domain: and since they are willing to form together a political society, and ■establish a public authority, which each should he bound to obey, it is ve ry manifest that their intention is to attribute to that nublie authority, the right of command over the whole country.” 4th. Is there any difference in the portion of rights possessed by differ ent Nations to land in a slate of na ture? Answer. “All mankind have an r- qoal right to the things that have not yet fallen into the possession of any one: and these things belong to the first possessor.” 4th, and last. AVhen therefore can a nation take lawful possession of a country? Answer. “ When a Nation finds a country uninhabited, and without a master, it may lawfully take pos session of it, and after it has sufficient ly made known its will in this respect, it cannot be deprived of it by anoth er.” If then the right of the Cherokees to their country, is to depend on the laws of Nations, the premises of the Committee are^hot supported. In vain will a Nation disposed to assert rights by force, appeal lo this law. The Cherokees were settled in towns over this territory, before a white man ever appeared on these shores, and when he did appear and made discov ery, he only discovered the Cherokees in peaceable possession of a country, given them from the Almighty. “ There is another question to whic h the discovery of the new world has given rise. It is asked if a nation may lawfully lake possession of a part of a vast country, in which there are none found hut erratic nations, incapa ble by the smallness of their numbers, to people the Whole?”—[Sec Vattel, P . T5S.] Our Author is of the opinion that, such wandering tribes were never de signed by nature to exclude other na tions from a participation of the bene fits of a vast extent of country, appro priated!))’ the Creator for the subsist ence of the human species. He ad mires the New England Puritans, who, notwithstanding their being furnished with a Charter from their Sovereign, purchased of the Indians, the lands they resolved to cultivate. This lau dable example was followed by Wil- liam Penn, who planted a colony of Quakers in Pennsylvanii. The judge ment of a man disposed <o obtain truth, must yield its conviction to the pow er of such reasoning. The Indians in an erratic or wandering sfale could have no right to domain and empire, over a vast Territory of country, over which they had seldom chased the bounding stag, or traced the furi ous bear. The earth was made for the benefit of mankind. If, then, wandering Indians were net allowed to monopolize such countries, they yet had a right to iheir share, which the sword of the Invader could not lawfuly take away. Put. there is a question whether the Cherokees could ever have been properly called a,n erratic nation. Let us look to history for in formation. “It may be remarked that the Cher- okecs differ in many respects from other Indian nations, that have wander ed from place to place, and fixed their habitations on separate Districts. From time immemorial (hey have had possession of the same territory which at present they occupy. They affirm that their forefathers sprung from the ground, or descended from the clouds upon those hills. These lands of tlieir ancestors they value a- bove all things in the world. They venerate the places where their hones lie interred, and esteem it disgraceful in the highest degree to relinquish their depositories. The man that would refuse to take the field in defence of these heredit ary possessions, is regarded b them as a coward, & treated as an outcast from their nation.”—[See History of South Carolina and Georgia.'] Such was the character and situa tion of the Cherokees at the settle- menlsof S. Carolina & Georgia. AVe need not say any thing of tlieir present condition, and character, more than this, that they are here yet on (he same ground, and on the same hills excepting that portion of it which they have relinquished to the U. States by treaty. But it is stated by the Commit! that as the earth was made equally for the benefitofthc human species, “Great Britain no doubt cn these principles, occupied and colonized the Province of Georgia, the limits of which, anterior to the Revolutionary war, were de fined, and made to extend from the At lantic Coast to the Mississippi, and from the 31st to the 35th decrees of North Latitude. The whole of (Ms territory was made to form a provin cial Government, thus exercising the highest and most unequivocal act of sovereignty?” 1 have proved that a nation cannot even ise or lawfully assert the right of sovereignly over a country which i< has not settled. And we are yet to learn fron: the Committee in what manner and at what tipie Georgia ev er exercised Ifs unequivocal act of] If the Indians were naturally or con- sovereignty over the limits first men- stitutionally incapable of making trea- tioned. The jurisdiction of a state has terminated and must terminate precisely where the settlements or habitations of its subjects extend. An terior to the Revolutionary War, the limits of Georgia were scarcely half as huge a § they are now, notwithstand ing me extensiveness of the Royal elia*4»r, capable only of witnessing the folly that characterised the adminis tratis of Great Britain, which at lengf /effected the separation of its transatlantic provinces from tlieir po litical connexion with the Mother Comtry. “In the exercise,” say the commit tee,both of domain and empire on the part of Great Britain, certain portions of territory Avere reserved fo the use of tie Indians., and the Indians them selves were declared to he under the protiction of Great Britain, and the land! reserved Avere declared to he under the sovereignty, protection and donum of that Government,” The early history of Georgia will enaljle us to understand the true state of tie subject in regard to the Indians and ueorgia. A certain corporation in England, from motives of humanity, attempted' to colonize Georgia by send tig over, at tlieir expense, a cer tain population, aaIio were selected as fit objects of charily. In 1732 they an ived at Savannah, under the direction of General Oglethorpe of worthy memory. After building huts to shelter his little colony, liis first care was to secure their safety by a treaty of jpcacc and friendship v> i(h (he Creel country, them. II the wif: Indians, ayIio lived in the nd purchased lands from found an Indian woman, a trader, who spoke Eng lish and Cijeek, & employed her Avith a handsome salary as an Interpreter.— ■ By her issistance, says history, he summoned;.! general meeting of the Chiefs, to hold a Congress Avilli him at Savaniuh, in order fo procure their consent to the peaceable settlement of his eoldiy—fifty Chiefs ivere pres ent. After Oglethorpe represented the power and wealth of Great Brit ain and till benefits that wonld arise lo the Indijms from a connection and friendship yith them, he lvent onto say, “as l!|ey had plenty of Lands lie hoped they would freely resign a share of them to Ids people who were come among tlieifi for their benefit and in struction. After having distributed seme presents, which must always at tend a proposal of friendship and peace, an agreement avos made.”— This cannot be misunderstood. The Cherokees living contiguous to South Carolina, tlieir intercourse of treaty and trade Avas pretty much con fined to it, and through its official func tionaries to Great Britain. These treaties particularly designated boun daries and regulations for a rule of in tercourse between the Cherokees and England. The Cherokeesa Avere bound to hold friendly intercourse Avilli the subjects of England, and to. fight her enemies, and trade only Avith her; in consideration of which England ob ligated herself to protect them from all enemies, and to trade ivitli them on the most reasonable terms.— When therefore the United States de clared themselves Independent, the Cherokees, in alliance Avilli King George, & under bis protection, rais ed. the Avarwlicop and hatchet to re claim his rebellious children to his power. The children after a severe struggle prostrated the poAver of the mother, England, in America.— Always perfidious to its Indian Allies. Great Britain secured to herself a ces sation of hostilities by a treaty of peace, regaidkss of her red children. Thus did she relinquish lifer protection to the Indians, in the day of adversity, in time of both trials and peril, Avhen the woods bore marks- of blood shed in her cause by these children of the forest. The states had surrendered their lights of regulating trade, mak ing treaties or declaring AVar to the United States in the adoption of a consiitution. The Indians secured an honorable peace Avith the United States, in General Washington’s ad ministration, by treaty Avliich guaran tied to them their lands, and adopted measures to promote Iheir civiliza tion. Great Britain, Avbntever rights she may have had to the Indians, had forfeited them forever; and as the co lonies had destroyed their connection Avilli the Mother Country, the Indians were thrown in their original condi tion, unencumbered of treaties , capa ble of fighting and perishing on fl eir lands, or of making treaties Avith those who alone hgd the power, the.U. $. ties, or contracts, as some would have it, why was the incompetency not mentioned before, and their treaties resisted, and rejected. If any time could be proper, the proper time would have been in their savage state, to experience the misfortune rather than now, after being tantalized Avith the hypocritical language of friend- shipand offers of Civilization and Re ligion to have their l ights and liber ties crushed in the cold embrace of Iron power. If avg consult the history of the different states, their lands for the most part Avere obtained by peacea ble purchase, unless obtained aftcr- terwards by conquest, but never then, unless the Indians had given' occasion by act s of host ility. I speak of North America. Banished far from memo ry, be the Spanish blood hounds, Cor tes and Pizzaro, as unfit for any hu man reference. When the Olwe Branch of peace and good xvill to men, is seen at every door; Avhen a neAv era has commenc ed, and the Avorld is making the sub lime effort of relieving, nations yet in darkness, t-o behold the splendor of the rising happiness of nations in the enjoyment of liberty and religion, we may Ave!! be astonished to hear an in glorious doctrine, that “ force is right” sent abroad from a quarter, that Ave haA’c been taught to bclieAc, Avould esteem the doctrine in the greatest abhorrence. Is it possible, that any citizens of the United States, have'so fallen from the exalted virtue of their ancestors, as to be in reality capable of believing, in 1828 “that force is right!” I have heard of a man, that is noted for talking and nothing more, av!io represents in Congress a cer tain District adjoining this nation, that recommends the removal of Indians to the paradisal country at the setting sun, & to remove them without their consent, as he says they are in the act of destroying themselves by drink ing poison, and he wishes to save them from extermination. What is sugar to Indians is gall to his palate, and why? because the Cherokees happen to be in possession of a fine Country, and lie happens to violate the 10th Commandment. The Report of the Joint Commit tee closes Avith a string of Resolu tions, the substance of which is that they, Georgia-, av ill make the last, so lemn and aAvful appeal to the United States, for the fulfilment of tlieir pro mise. instructing them to offer to cer tain Indians, if nothing eise Avill suc ceed, reservations of lands, for life, for a time, or even in fee sim; le, for the attaintmeut of the object; and if all this will not do, and if the Chero kees Avill shut their ears to the voice of wisdom, justice and friendship, &c. then they recommend to the next Le gislature to make preparation to take the land by any means in their poAV- er. In the black catalogue of Infamy, Avhere characters have been destroy ed by avaricious inducements, the Traitor Arnold and Judas Iscariot, possess a horrid dist inction. Perhaps a third may be added in consequence of the said reservations* But if there is a Cherokee, so lost to patriotism and virtue as. to fall before such a bribe, he has yet to be thought of and to be found. All Nations haA’c their seasons of prosperity and adversity. Mighty empires, that figure Avilli amazing lustre on the page of history, are now silent in aAvful oblivion. And the men that Avielded the sceptres, Avliere are they? “Dust thou art, and unto dust shalt thou return.” And shall I quake Avith fear at threatening politicians? Shall sAvcet sleep escape my eyelids at the prospect of annihilation, Avhen it is my fate to die? No! Lot me in civil peace resign my fate to him who rules (he world, and Avho has Ihe Go vernment of the strong and the fee ble. “A time mayco\ne, Avbrn rummer’s sun, And wintn’s blast may beat uncheck’d On niv defenceless bead, and none Be with me when my fortune’s, wreck’d. Hut while I bear an'unsold heart, And self rey roac.lv remained) dumb, Let wealth and all her train depart; That time’s net fearful':>-let it come.” SOCRATES. FO!) Tim CHEROKEE PHCENIX. Mf. EriTOF—In reading one of the numbers of the National Joue- nm . I notice a short speech deliver ed 1 v Mr. Mitchell of Tennessee, in ’he House of Representatives, in sup port of a resolution recommending a sy stematic S’TangeWent A"hereby all Ihe Indians East of the Mississippi may hfe removed beyond the limits of any State or Territory. I am not sur prised, Mr. Editor, nor am I in the least offended, that Mr. Mitchell took the liberty to recommend such a reso lution, for he is but one amongst many riders of this hobby horse of the Gen. Goverment. lie no doubt did it' con scientiously, and from good & benevo-* lent motives; he at least declares so, and I have no inclination to question him. I cannot however but confess, that the veracity of a man becomes doubtful, Avhen, in open day, he makes exaggerated assertions, entirely op posed to- facts, and to the experience and observation of hundreds, and of course unsupported by any kind of evi dence. This is the-character of the speech, of Avhich I have-taken the li berty to complain. It contains noth ing but exaggerated and unwarranta ble assertions. I say unwarrantable, for of all those who have thought fit to describe our miserable situation, Mr. M. has had the best advantages, of knoAving our true condition. Ho has been a neighbor to us, and Avas, if I mistake not, for a time, a resi-* dent merchant in this Nation. But how does he repay us for his stay a- mongst. us? The folloAving quotations, torm a fair specimen of the speech, and the views of the speaker in re gard to the situation of Indians. “ Some of them [the Indians] indeed roll in great wealth; but the great, mass of AA’hat may be called the poorer class, is in the most abject situation ib which human beings can possibly be.” Noav this is mere verbosity, or much empty talk, for Avho ever believed that an Indian eA'er rolled in great \vealfh ? The terms are expressive of the high est state of AA r ealth, such as, Avith pro priety, may be applied to Croesus, Crosses and others of ancient times, and Roschildes, Gerard and other mo nied men at the present day. But it is the height of folly to apply it lo In dians, who taken in general, are yet but poor people, and those Avho have possessions, cannot be called very weal thy. A fcAV Negro slaves, (justice forbids that these should be account ed good property,) and a few head of cattle, horses and hogs, are AA’hat con stitutes'the riches of an Indian. But the most SAveeping part of the Speech is where the Speaker levels the poorer class of Indians, (including » of course the Cherokees,) to the most degraded of the human race. TbisJj is very great exaggeration, which eve- 1 ry person the least acquainted with the' Cherokees and some other tribes, will easily discover. I, being one of the “poorer class,” feel hurt in reading this public sentence. It is certainly humiliating to think, after making ex ertions to raise myself above the leA’- el ofthc most degraded of the human race, and presuming to have succeed ed, at least in a small degree, it should still be declared that I have made no progress. This is poor encourage-’ ment for Indians. Yet I cannot be made to believe that the “poorer class” of the Cherokees are as wretch-'- cd and degraded, as some oilier nations of which I have heard: such as the Hottentots of Africa, and some of the inhabitants of the Isles of the Sea, I would still go further, and say that a part of the population of this boasted' land of liberty, I mean the United States, arc more wretched and de graded than the “ poorer class” of the Cherokees. This I know from obser vation, and I appeal to you, Mr. Edi tor, to soy, Avhether y.ou would not freely prefer the condition of one of “ poorer class” of the Cherokees, to that of one of the poorer class of the whites, thousands of whom you have no doubt seen in your travels. Re flect for a moment on the wretched ness that exists in the cities? Where there is the most splendour, refine ment and wealth, there is also the most misery and degradation. Sure ly I should not he tempted to ex change conditions Avith hundreds and thousands I have seen In this land of' equality, and I think I am not the only one in this Nation Avho can speak thus. There are hundreds of Cherokees of* the “ poorer cla*-s,” Avho will per->. fec-tly assent to what T say. The Speaker further says, “they hav> been under the dominion of despotic government, and hove been held in bondage av it li an iron grasp.” And a- jrain, “It is rot in the nature of things that they could lie free, or happy, or intelligent, ax bile their masters lorded OA-er them Avitlr despotic SAvay.” T was first going to inquire whether it was in the nature of things for a mem ber of Congress to speak without exag», grratiem—hut I will guard against indiscriminate censure. This I