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eluded *0 Itllke an attempt to get out; I the object of those benevolent persons nho,:
he coaid oat share the late of his com- with laudable zeal, are laboring among <*=,;
he
paniou, by falling into a pit; and this
would sooner put an end io his mental
sufferings. 11; co.ninanoed what lie
conceived to be a retrograde move
ment, by crawling upon bis hands anti
knees, and nroaeeded without accident
a long time, when he again yielded
himself up to despair. A copious ef
fusion of tears subdued in a measure
his agony. ?le set out again, but with
little hope of ever arriving at the
mouth ol the cave—lie continued givp-
iug about in midnight darkness a whole
day longer. When they entered the
cave, the survivor noticed that it
branched oil* in various directions; he
therefore concluded that lie had taken
the wrong way, and was probaoly as
far or farther from the entrance than
when he first .started. He halted'
and with the determination ©1 waiting
patiently thfc approach of death.—
Like the drowning man, who is said to
catch at a straw, the possibility of es
cape again occurred to him; and sum
moning his remaining strength, made
another effort to find an outlet to the
cavern. On the morning of the third
day, when nature and hope were near
ly exhausted, he thought he observed
a ray of light; and on suddenly turning
a conier, tho morning star shone lull
in his face. His feelings, he said,
must he imagined, for they could not
be described. I Ie immediately made
known the melancholy fate ot his com
panion—a number of citizens com
menced a search in the cave; found
the nit, and with some difficulty ob
tained the body, and had it decently
interred.
will he lost. It is the hope of every friend
of Indians that a thorough and complete!
trial may now he made, and the question!
decided, whether the Indians are capable oi
improvement or not; &. it issincerely wish-'
ed that sufficient time may be given, and
sufficient means granted to the Cheijokees,
to evince to the world that Indians are ca*■’
pablc of improvement.— They need, howev
er, assistance from their white friends, &. it
is on account of this fact, that we beg aid.,
• >Ydl not each friend who takes the Phoe
nix go to his neighbours and procure sub
scribers for us? One responsible subsen-1
I her sent by each oft hose who now receive
our paper would greatly relieve us and en-
couiage u>. We hope we shall not be for
gotten by the public.
ELIAS fcOUDINOTT.
\EW F3CffOTA:
WRDXE!<:)VV, ORC. 31, M2H.
A\ r e have an apology to make to our read
ers. On the day of the publication of the
la t Plnrnix, the Editor was necessarily ab
sent, at which time, we were requested, bv
the principal Chief, to suspend the paper,
until the laws of the Nation enacted during
the three last sessions of the General Coun
cil, should be published in a Pamphlet form.
It wa^ out of our power to give notice, to
our Subscribers, of this arrangement. It
was considered important to have those
laws printed immediately, a« some of the
courts of this nation w ill sit this winter, and
as the judiciarv system has undergone a
material change.
In the Georgia Legislature, when the !
question ofCherokee lands was under c m-
siderntion, Mr. Wofford, a member from
Habersham, is said to have used the follow
ing words.
t .• 'I*
The majority of these Indian-
[Cherokees] do not wish to remain
where they are. But they are kept
there by cunning white men, and half
breeds, for their own purposes. !t is
not the interest of the Indians to stay
there, and if they were not restrain
ed, they would not remain one year
on the territory.”
The bare faced falsehood of the above re
mark will appear evident from the follow
ing extract of a ietetr from a respectable
gentleman.
“After all the exertions and influ
ence of the Agent, in his recruiting
tour for emigrants, he has failed to ef
fect any thing. After his return he
despatched the Deputy A gent and U.
States Interpreter through the Nation,
to take a list of those who wished ;o
emigrate and endeavor to get as many
as possible, hut they returned without
obtaining the first one to give his con
sent.”
B#' it known all whom it may concern,
lliat cunning white men and half breeds
have had no inlluence in preventing the
emigration of the Cherokees. Every per-
*son who wishes to emigrate lias the perfect
right to do so. The fact is, every citizen ;
of this Nation is cunning.
TO THE PUBLIC.
The undersigned, not long since, ap
prised his readers, of his resignation, as edi
tor of the Cherokee Pihenix. Itwashis
hone thal another person would be appoint
ed (o fill his place, and that he would be per
mitted to retire, and follow pursuits mod
congenial to Ids health. Circumstances,
however, not anticipated by him, have ren
dered it necessary that he should again re
sume the management of the paper. He
therefore again respectfully commends his
feeble exertions to the indulgence of the
public, and begs of his patrons and readers,
further forbearance and increased patron
age.
The subscriber has taken occasion to
state before, that the avails of the Phoenix
were by no means sufficient for its support,
and that, without an Increase of subscribers
from abroad, it could not exist. lie lias
been hitherto unsuccessful, and but few
names are now received as subscribers.—
Will the public refuse us aid, and permit
the Phoenix to languish? W*» hope not.
If the paper itself is not of sufficient value
to demand extensive support, we hope that
it will, at least, be considered, by many of
the friends of Indians, as a matter of chari
ty, to assist us.
Th * present trying state of the Indians
requires that the sympathy tk eood feelings
of the public should be extended towards
them. If they are left to themselves to
stern the torrent—if they are deprived of
tlie aid of the benevolent and Christian part
of the community, they will undoubtedly
perish. A few years hence, it may be too
lateto wish them well,and to extend unto
them what they now need and implore.—
The undersigned hopes that those who may-
cast their eyes on this sheet will reflect on
the situation and future prospects of the rer
people, particularly the Cherokees—con
sider their former savage condition, their
present improving state, their difficulties
and the inveterate prejudices of the sur
rounding states which are made to bear up
on, and crush, their infant attempts to be
come an intelligent people. Ifthe enemies
of Indians are permitted to succeed, and
the Cherokees are disorganized and dispers
ed, (which will be the inevitable conse
quences of such success,) the great object
of the Phoenix, and other exertions made by
the public authorities of this Nation, and
and our courage tails, when we consider
the power and number of our enemies, and
when we look around anil see but few
friends, and very few who will speak in our
defence. In this trying season we are glad
to; hear even a word spoken in our favor by
Editors of newspapers. Wc feel indebted
to!the New York Daily Advertiser for its
continued friendship towards us, but more
especially, for the following timely remarks
on that part of the Message of the President
of*ihe UiuteJ States, which we insert al
ter it.
There is one part of the message
which, taken in connection with the
withstanding much opposition is made
by the must of the intelligent part of
the nation, it is believed by them, that
the Cherokees cannot exist much lon
ger, as a nation, distinct from those of
the Mississippi*”
AYe refer our readers to the extract of a
letter from a respectable Gentleman, insert
ed in another column of our paper. It will
there be seen that this “late mode ofenlist-
m?ut” has so far been unsuccessful.
Etl. Ph.
Foil Tin; CIIF.KOKEE PHffiMX.
Mr. Editor—Permit me to offer
a few remarks on the extract from the
report of the Secretary of War to
which it refers, we strongly disap- I Governor ol Georgia & Message to the
prove. We allude to the part relat- j legislature, published in one ct your
GEORGIA AND TIIE CHEROKEES.
We give below some of the procee.limrs
of the Legislature of the stale of Georgia, j
in regard to Cherokee lands.
S \ TfRDAV, Dec. 13.
The hill to add the territory lying
within the limits of this State and oc
cupied by the* Cherokee Indians, to;
the counties of Carroll. DeKalb, j
Gwinnett, Mall, and Habersham, and
to extend the laws of this State over j
the same, and for other purposes was
taken up.
The first five sections provide for
the division of the territory, and the
addition of it to the frontier counties of
Georgia.
Sec. G. Provides that the laws of
this State be extended over the terri
tory, and white persons, residing,
within the same, shall he subject to
the operation of the said laws, as other
citizens of said counties.
Sec. 7. From the 1st of June 1830,
Indians in said territory, shall be lia
ble to such laws and regulations as
the Legislature may hereafter pre
scribe.
See. 8. No Indian or descendant of
an Indian, residing within the Creek or
Cherokee nation, shall be a competent |
witness, or a party to any suit, in any
court created by the constitution or
laws of this Stale, to which a white
man may be a party.
A great deal of discussion took 1
place, particularly oa the section re
lating to the restrictions to he impos-l
ed on the Indians, and on the hill gene
rally, in which, Messrs. Jourdan, Ifult,|
of Putnam. 1 To fiord, Iverson* Walker,
Hates* Clevelandand Ryan took part-:
A number of amendments were offei
ed. Iffie proceedings terminated in
the adoption of the provisions above
stated. The hill was then read the
3d time, passed, and ordered to he
sent to the Senate for concurrence.
In the eighth section of the above hill,
our readers will learn what is intended by
securing civ*l rights to the Cherokee*.—
This Christian State, the State of Georgia,
is, we believe, determined to oppress us.—
And wbat are the Cherokees, over whom
these grave Counsellors, representatives of
an enlightened and republican people, are :
tyranizing? A hand full of men, we a k and
. oppressed, with no means to defend their
rights. Is it magnanimous, to treat such a
people, in the manner that our neighbors,
are trying to treat us? Our hearts sicken;
iug to the Indians. The scheme of re
moving the deeply injured people from
their recessions within the States, to
a distant settlement in lhc wilderness,
is founded on gross injustice, and
thefore cannot conscientiously be sane-
*
tinned by a Christian nation. It is in
vain to talk of obtaining their consent.
Their consent, if gained at all, is ac
quired by duress; and duress, even by
the common law, will discharge a man
from the fulfilment of any contract,
entered into in that situation. The
trnth is, it is almost impossible to
make a government feel that justice is
due to such a degraded and careless
race of beings as the Indian tribe. And
the stupidity of white men is such,
that they had rather meet the full
force of the imputation of injustice,
than forego the opportunity to seize
their lands and possessions. It is de
grading to the character of a power
ful nation to oppress and injure a
weak one. It is douldy so to plun
der, and banish from their homes,
those who have no power of resist
ance. The injustice and cruelty
practised towards the Indians in our
country, is exceeded by nothing but
by the more aggravated injustice and
cruelty to the African slaves. In both
cases they are national sins of a hein
ous character; and happy will it In*
for the inhabitants of this country, if
they do not, first or last, call down
mitional judgments. If the Indians
ai;e forced to remove into the wilder
ness. all the exertions that have loo o
Tirade by benevolent men towards-
tb-eir civilization, and instruction in
t!i*o principles of the Christian religion,
xvill he lost; and the tribes, nmv half
jreformed. and rapidly improving, will
be driven back to
and barbarism.
savage
ignorance
late numbers. After speaking of the
solemn promise of 1802, iI is Excellen
cy says, “The rules of that Tribe
[the Cherokees] who have since the
year 1818 systematically devoted them
selves to defeat any attempt Jo pur
chase out their permittedoccupation ot
our lands, have, as a last resort, a-
constitutionai form of government,”
That the rulers of this nation have de
voted themselves to any systematical
mode to defeat a purchase I deny.—
Their determination not to cede a foot
moie land has long since been made
known to the world, and it is needless
to say they nave firmly adhered to this
determination. Experience and ob
servation compelled them to act thus,
that the remnant of the tribe might he
saved from ruin and extinction; and it
was not the studied and artful machi
nations ot speculating individuals to
Keep Georgia out of her rights, as
might he inferred from the above pa
ragraph. If flattering, threats, or the
temptations of lucre could have pre
ponderated over patriotism, a purchase
would ha*e been effected some years
ago.
That our occupancy is permitted
we acknowledge, ai d it is proved
by possession; though we are not in
debted to Georgia for this permission,
but touuthority infinitely higher. Her
occupancy is permitted, and doubtless
'tis even limited like ours. But, to
sav we occupy the lands of Georgia,
while yet she is constitutionally, de
barred from taking possession, or us
ing them as hers, indeed requires a
clearer explanation than is afforded by
the light of his excellency’s Message,
or any thing I have seen on the sub
ject. Our 4 title to the lands was ac-‘
knowlcdged to be the best by both
parties in the compact of 1802, of
which Georgia herself was one and
Th- second Session «f the Twentieth
Co!»gr«* fc *' comm nc*nl rn Monday. I)r*-
jrember I t. On th#* following dav, Tuor-
dav, the- President's was t: ansmit-
trd to both llouve®. Th? extract b**low is
ail that we can find, in the Message, which
relates to the Indians.
At the establishment of the Federal
Government, under the present Con
stitution of the United States, the
principle was adopted of considering
the Indian Tribes as foreign and inde
pendent powers; and also as proprie
tors of lands. They were, moreover,
considered as savages, whom it w as
our policy and our duty to use our in
fluence in converting to Christianity,
and in bringing them within the pale
of. civilization.
In changing the system, it would
.Seem as if a full contemplation of the
consequences bad not been taken.—
We have been far more successful in
the acquisition of their lands than in
imparting to them the principles, or
inspiring them w ith the spirit of civil
ization. But in appropriating to our
selves tlieu* hunting grounds, w e have
brought upon ourselves the obligation
of providing them with subsistence;
and when we have had tho rare good
fortune of teaching them the arts of
civilization, and the doctrines of Chris
tianity, w e have unexpectedly found
them forming, in the midst of ourselves,
communities claiming to be indepen
dent of ours, and rivals of sovereignty
within tlie territories of the members
jofour Union. This state of things
requires that a remedy should he pro
vided. A remedy which, while it
shall do justice to those children of na
ture, may secuie to tho members of
our confederation their rights of soye-
leignity and of soil.
S The Cherokees east of the Jllissippi.—
The following is an extract of a letter,
to the Editor, from an intelligent gen
tleman at Gunter's Landing, Alabama,
dated -ItIi ult.—Jlrk. Gar.
“Boats and other preparations are
making to move on [to Arkansas] a
considerable number of Cherokees,
under the late mode of enlistment a-
dopted by the government; and not.
All the c rig its and privileges’ of i n .
dividuals are! not controlled; by f{ le
Constitution. | Like other people they
have privileges exempted from Le»jJ
iative controlment. These indiviuu u j,
taken collectively compose the Ka-
tion, and a Nation of people destitute
of legislation jvould have their ‘rights
and privileges’ but loosely controller]
“Here w T ijhin our territory u , )c? ,
the lands forming a part r.f our Son.
reign property'! is a government exe r .
cising authority independent pf ou^
and denationalizing our citizens in 0 r-
■ der to strengthen itself in opposition t 0
% our will!!! This state of things car.
not be endured[See Message.
The nation hap ever exoreisediits
authority independent of Georgia, or
any state government. And were it
not that the promise in’ the compact is
yet to “be fulfilled, her right to do so
would not h^ questioned. Neither
has she made it an object or even
sought to denationalize the citizens ot’
Georgia to strengthen herself, nor has
she the direction of “Cupids arrovri. ,>
The authority of the Nation is too licit,
ed to pass an act prohibiting intermar
riages, and I doubt whether Georgia
herself would have the authority, or
power to enforce it if passed. How
then can this denationalization be
checked? Cannot the state endure the
policy recommended by one of her
greatest men? But is it our grow,
ing physical strength that it is so a-
larming? No. Our w r arriors are for,
and none to disturb the repose of peace.
With humility and a consciousness of
dependence they look up to the
Genl. Government for justice, and it
is there only they expect to have
their grievances redressed. ’77* the
growing strength of our intellect that
cannot be endured; our love of coun
try and unshaken faith in the Govern
ment. Our rulers are men of honesty
and reflection;
“What disposition is to be made of
the Cherokees who reside in the State?
To expel them would be cruel and
unjust; to leave them as mere tenants
at will of their present settlement*
would be a reproach to the character
of the state!!! for incorporation with
equality of rights as a part of our polit*
ic a I Fain ily they a re unfit. Under these
reflections! recommend to you to
extend all the laws of the state o'er
the territory dying within our limits,
occupied by the Cherokees. •
The Indians to be subject, as other
persons to the operation of those laws.
To secure to the Indians immediately
~ „<v k.. tUt i the enjoyment of all civil rights. To
and that it was net affected by that m- . . v T ,„ . . ..
, • . + GRAN 1 each Indian lamiiy now In
strument is evident, as the Nation was . , , . .. . J ' .
* r , i *>;,♦ ,i ing m the state, while they continue m
not a party concerned. But hear the . & J \ . .
plain ami decisive hms-unse of Presi- lt a , sulh 5\ iC!it boil - v laud for lle,r
'lent Monroe to*Congres.‘ in 1824 on ! comlortable support!!! *
the subject: ‘ / have no hesitation, hoc- 1 0 ex l lf ' 1 lhem b « «P el f‘
„ . , » . *, ^ unuust. liow merciful, but wiiat
ever, to declare it as my opinion, that the j . T , : . . , r
/ /• ,* ; , a- • ,i „ „?,* t, I is it, to tear the nation in two ami
Indian tale teas not ajjecteit in the slight- 1
est circumstance by the compact with
Georgia; and that there, is no obligation
on the ! hi ted States to remove the, In
dians by force. 'The express stipula
tion of the Compact that their title
should l)e extinguished at the expense
of the United States, when it may be
done on peaceable and on reasonable con
ditions, is a full proof that it was the
clear and distinct understanding of
both parties to it, that the Indians had
a riiiht, in the disposal of which they
were to he regarded as free e^rn/s.”
The adoption of a constitutional
form of Government w as for the bet
ter administration of justice, that
method should he observed in enact
ing laws; and not as a last resort to
to defeat Georgia in her rights. If
her rights are good let them be real
ized, hut if ours are better we claim
her attention to them as a rfiember of
the confederacy. If we have a right
to make laws for our own government
have we not the right to observe or
der and regularity in their construc
tion? Query—Was the constitution
of Georgia adopted, to affect the Ya
zoo purchase?
“By this instrument the annuity
paid to the tribe by the United States,
and all the rights and privileges of
individual Cherokees are controlled.”
[Seo Message.] The United States
are bound io pay to the Nation the an
nuity, and not to distribute it. The
Nation has vested in its rulers the
power to manage this fund, and it is
applied by the*! to the support of the
government, and other National pur
poses. Much more advantage and
benefit is desired from its present dis
position, than if distributed, which
would probably bo about fifty cents
per bead. Would the authority of
the state have this fund equally divid
ed out, and thereby think to hasten a
dissolution of the Nation?
vide it without its own consent—set
aside the Constitution of the United
States and existing treaties, and legis
late away a large portion of their ter
ritory, subject to be settled by white
citizens of the slate—extend the laws
of the slide over the Indians, to be no
longer blessed with their own whole
some regulat ions, but subject to lav's
under which! the robber might enter
and plunder j their dwellings, ond, in
seeking redress, denied their testimo
ny in courts of justice? Let his Ex
cellency's recommendation be carried
into effect: and under the simultaneous
and portentous events that would en«
sue, the Cherokees would sink to rise
no more. Though they have been (be
most favored of all Indian tribes—-
have stood with safety upon the very
precipice from whence others have
fallen, and bqt a faint recollection left
of their existence—though they bare
surmounted innumerable difficulties,
and are rising in respectability, y et
under this cold and withering policy,
their eternal I fate w ill be sealed, end
they must pirish from among the na
tions of the ejarth. The reflection of
their once flourishing condition and
happy enjoyments will only add to their
sufferings, Now r tell me what is cru*
elty and injustice, and reproachful 1°
the character of a state? Better faG
to raise at once the arm of power anu
say ‘we are strong but thou art weak,
power is right remove or be expelled,
for it is in virtue the same but perhaps
a more decent w ay of coming round-
But I am fully satisfied that the Che-
rokees and their lands are yet safe, and
are likely to remain so; and that d
betrays w eakness to believe for a mo
ment that the Genera! Government
w ould act the part of a silent sp e( ' ta '
tor to such transactions, when her own
character would be tarnished. . Hu
manity alone would forbid it,.f vcD
were the voi|ce of justice silenton tho
