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