Cherokee phoenix, and Indians' advocate. (New Echota [Ga.]) 1829-1834, February 25, 1829, Image 2

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1 increase the force at Cantonment Towson. It is really singular that it has been so long neglected.” Ark. Gaz. We learn by a gentleman who re turned a few days since from Can tonment Gibson, that the negroes who were recently forcibly taken from the Cherokee Indians, (as mentioned in our last paper;, by a citizen of Craw ford county, have been surrendered, and returned to the nation.—Id. Valuation of Cherokee Improvments. — .Ve understand, that the Secretary of War has appointed J\Iaj. E. IV. Idu Val, Superintendent of Indian Affairs for the Cherokee Indians; Rev. Al fred Finney, late of the Dwight Mis sion in the Cherokee Nation; aud Rud- ford Ellis, Esq. of Conway county, to be Appraisers, for the purpose of viewing and appraising the improve ments owned by the Cherokee Indians in the country which that Nation ceded to the United States, by the late Trea ty. The Appraisers, we understand, will immediately, proceed to execute the trust reposed in them.—Id. Indian Wvn.—Information of hos tile designs on the part the Pawnee In- di '.ns was published sometime since. W6 leanv now, says the Missouri Republican.'from major Hamtramek, who has arrived in this city Irom his Agency in the Osage nation, that the Uews af the successful operations of the Camanches and Pawnee Picks, on the Santa Fe road, had been spread through the neighboring tribes, and aroused the whole to some daring ac- ti >n. Runners had been passing be tween the Camanches, Arapahoes, Pawnee Picks, and Kiainechis, lor the purpose of spreading the excite ment, maturing plans and forming a concentration of forces. It is sup. posed they will watch the Santa Fe v.oed, and in the event of finding noth ing on it, our frontier may suffer. Major H mitr-m k is of opinion, from evidence it his possession, that Mr. Means, of Franklin was killed, and his companions robbed, by the Paw nee Picks. General Atkinson has, we understand, received orders to al- fo"d protection to our frontiers. The Osa >:es have volunteered the services of from 800 to 1000 warriors, which the government have accepted, in the event of the General’s receiving an auxiliary force of O-sages. The Os-.res are disciplined in that Pawnee m ' !e of warfare, and intimately ac- cj 'uinted with the topography of their count ry. Latf. Indian Treaties.—Several Treaties with the Indians have lately been ratified by the Senate, by whic h important cessions of land have been Drained. For a tract on the Missis- $ ,ii, Otiiseonsin, &c. the United S ties are to pav $20,000 in goods; fir another, bordering on Lake Michi gan, a perpetual annuity of £3 000. and an additional one of §1,000 for 20 years, besides a present payment of $30,000 in goods, and $10,000 in goods and $5,000 insnccie in 1839, &o. One thousand dollars per an num : s to be expended for the pur poses of education. . JVEW KCflOTA: WEDFTCHDAV, PIS it. 25, 1829. An attempt is made by the authorities of Georgia to c talilish a legal right to that part of this Nat : on lying south of a line commenc ng at Suwanna old town, to six’s on th” Hightower, an 1 down said river to the chartered line of Georgia and Alabama. The claim rest* simply upon the following: ft s contended that the l.nc above describ ed was once the boundary line between the Cberokees and Creeks—that the new boun dary line between these two nation of In ti an*, lias never been ratified or recognised by the United States’ Governmerifcofcourse it is null and void—and that, as the whole chartered limits of Georgia in tilt Creek Nat;ut) waseeded to the United States, in nv <at is commonly called the oil Treaty, tbit part of the Cherokee nation now con tended for, was included. It appears that the Governor was authorised by the legis lature to have testimony on this subject c ,1'ected, and if he thought the evidence wa-i sufficient to establish the claim, to take jios5.-ss.on of the Country—by force o' •courie. The Milledgeville Journal of 30th ub. contains a summary of the evidence collected by Col. Wales, of Habersham, was deputed (or that purpose., JTu» reader will form a correct opinion of the nature of the testimony from-the following. Jacob R. Brooks, of Do Kalb, states that ho lias resided on the Chatta hoochee since 1819, and had a tran sient residence there some time pre vious—recollects conversing with na tives and citizens ol the Cherokee na tion about their boundary, aid al ways, till 1821, understood that the line commenced atSuwanna old tiwn, on the Cattahoochec, and ran on thuice to a Creek called Alah-Kulsee[divitin* line) thence down the said creek to the Hightower river, near Sixas dd town, and down said river to tke mouth of Wills creek—Has undei- stood that in 1821, an arrangement was made between the chiefs ol the two tribes, by which their line was removed, so as to commence at a point 50 miles lower down on th* Chattahoochee, called the Buzzari Roost, and from thence to the moutn of Wills Creek—That there was io white man present when the last line was run—has never understood that it was ratified or recognised by the government of the United States. [sham Williams, of Gwinnet, was living at the Hog mountaiu for some lime before the tieoty of 1817 with the Cherokees—has understood from i those who had become citizens of flic Cherokee nation by marriage, that the dividing line between the two na tions, was an old trail crossing the Chattahoochee at Suwanna old town, and running on, aud striking the High tower river at a place ca 11cl Sixas old town. After inserting a string of similar, andall hearsay evidence, the Journal says— Such is the testimony collected by Col Wales; and it surely is quite enough to establish the fact that the true line between the two nations is, as described in the evidence. Undoubtedly, ifamanmay he allowed to be a judge in bis own case, and to de cide without hearing evidence pr# and con. The facts av connected with this subject, we believe,are these. Previous to the estab lishment of the present line, commencing from the Buzzard Roost to the mouth ol Wills Creek, there was no established boundary between the Cherokees and Creeks The Creeks to be sure claimed oucp as far north as the Hightower, but this was no evidence that they were correct, for the Cherokees claimed as far south of the present line, To avoid misunder standing and disputes, a convention was held, composed of commissioners of both nations. It was sometime before they could agree, but finally,the prcs< nt bound ary line was cslablihcd to the satisfaction of both parlies. Jn this transaction the Creeks did not cede any lands to the Cherci- kees, nor the Cherokees to the Creeks, hut* merely defined the extent of their claims. We do not see w hy it was necessary fgr the U. Slates Government to ratify or re cognise such a transaction. Certainly it was against no treaty. But furthermore, if it was necessary that such a recognition should be given, our neighbours are still unfortunate, for the General Government has recognised the boundary between the Cherokees and Creeks. In the second article of the treaty of Washington, defin ing the extent of the cession made by the Creeks to the United States, these words occur—“Beginning at a point on the wes tern hank of said river, forty-seven miles below th” point where the boundary line between the Creeks and Cherokees strikes the Chatahoocliy rive, near the Buzzard Roost.” Aga n in the same article—“and from the point of beginning, running in a direct line to a point in the boundary line between the said Creeks and Cherokees Here it is evident the contracting pa; tie the Senate and President of the United Slates who ratified the treaty, considered that boundary line lawful, and that the Creeks hail no right to any lands north of that line. Mr. Wright, the United States Surveyor, was also expressly instructed to* follow the ‘line, and not to tarn cither North or South, if the line marked out by the Cherokees and Creeks should not hap pen to be direct. Is there not here a suf ficient acknowledgement on the part of the U. States that they considered this line as a boundary line between the Cherokees and Creeks? But supposing the Creeks really owned the land now claimed by the State ot Geor gia, under what treaty would it be pos.eas ed by that State? Shtf't^ould have to oh-.i tain it by a new treaty, for the treaty of Washington, which nullifies-the one of the Indian Spring, does not relinquish it to her. It is therefore quite premature for her totalk of taking possession ofthe Cotfn- :rv, unless she is determined to go contra ry to law and justice.. 8incf this subject has teen agitated, our infudmg neighbours have thought that Here was nothing-do do but to move in and occupy the country. There has con- seepietitly been a general stir amongst them. In some instances, we are told, attempts have been made to force the Cherokees out of their peaceful habita tions. Our readers will, however, be glad to learn that efficient measures will be em ploy eel to prerent the progress of this evil. The Journal concludes with the follow ing. “That the Cherokees themselves innulge the belief that Georgia will suc ceed in establishing her claim, is evident from the fact, that since the . subject has been agitated, a deputation has been sent to Washington City.” The only reply we have to make to tills is, that the de putation was sent before the subject was agitated. some would have us believe. A vir tuous and an enlightened people, yield ing to the dictates of humanity and wisdom, have endeavored to meliorate our condition, aud 1 am happy to say, with our own exertions, their efforts have been blessed with much success. Will they now with their own hands pull down the monument which they have for years been building to the memory of their exalted names, and cnAi us in the fall1- To shew that we do not exaggerate, when we say that some of our citizens are treated rudely on the Georgia frontiers we give the following instance: A Cherokee residing eight miles from Carrol Coun ty*, w as obliged one night to be absent with his family. During his absence, some of Ins white neighbours came, and robbed lnm of every thing lie possessed in his iiouse, not even leaving Ins feather-bed. Vow, there is no way, according to,, Jhe laws of Georgia, in which this poor Cncrokce can obta.n justice. Why ? be . cause no Indian can be a witness or a party m any Court created by the constitution pr laws of that State. If this is not complete tyranny, w*c confess wc do not understand the term. For the Cherokee Phccnix. Willstown 12th Fob. 1829. Mr. Editor,—Agreeably to Mr. Lowrey’s instructions, I herewith transmit for publication an extract of his letter to the United States’ A- gent, and alsu a copy of the Agent's reply thereto, in both languages, for the information of our fellow citizens ofthe Cherokee nation; particularly those on the frontiers of Georgia, whose rights have been, unwarranta bly invaded. From the letter of the Agent, they will learn, that measures have been taken to ensure their re lief, and that justice will be rendered to them. D. BROWN. By the last mad we leceived the follow ing letter irom a member of the Cherokee Delegation, now m Washington City. It is oated, February 4Ui, 18-29. Dear Sir, ‘Presuming that some of our Cher okee friends at home are anxious to hear how we are getting along with our business, I can merely inlomi you, that tve paid our respects to the Sec retary of War on our arrival, after which we submitted the various sub jects of our mission, but have heard n'thing from the Department. On ac- ount of the multiplicity of business before the several Departments dur ing tlve Session of Congress, 1 do not expect that our business will have an early attention, consequently, wc have no correct idea how long we shall be detained. The Honorable Secretary, at our interview, soon took occasion to pass an eulogy upon the fine country at the V\ est, and thought we had better emigrate;— there we would he out of Georgia s way, audshciould no longer be rais ing up little quarrels with us, and we could build up a great republic of our own. But, Sir, it is loo late, the day is passed by, for who is Georgia? and who are the Cherokees? If tve trace the history of Georgia hack to the days of Oglethorp, we lint! that her history as a colony has but just commenced, and a large j portion of her Territi ry has been bought from the Cherokees, w ho have been acknovvleged as the sovereign lords of the soil since the disc ov> cry of America or the issuing of the Royal parchment. But in tracing the history of the Cherokees we are lost in the ages of antiquity. They were a distinct nat ion of people, residing upon the very land they now occupy, long before the existence of Oglethorp. The population of Georgia encroach ed upon them, and they were compel led to recede, until they have be come surrounded by the population of other states that have sprung up, and partly upon their land. The United States have magnanimously guarantied to them their present possessions, and are bound to prevent intrusion, hut tbe restless spirit of Georgia would drive them into wretchedness and ruin to gratify their unbounded desires, and as a last resort have threatened the ex tension of their laws. , If they attempt the measure, how will they succeed? There must of course he officers to execute those laws, and who are they to be? Not one wiil he a Cherokee. No, I am not so credulous as to believe there are any who will pull down ruin upon their own heads. They cannot be Georgians, for the very moment they enter our Territory, they are intru ders. and the United States Govern ment is hound by a solemn act of her own to remove, and enforce the inter course law* against, them. The indi vidual states have no power over us nor can they have until the Constitu tion of the United States is changed so as to affect it. and then what becomes of the plighted faith ofthe government. (,)ur situation is not so deplorable as W ILLS TOWN, C. N 2d. Feb. 1829. Col. Hugh Montgomery, Agent intiian affairs C. Nation. Sir—1 hasten lo acquaint you with the information I have to-day receiv ed, from a source not to be questioned, that a considerable number ol tbe cit izens of the United States, on tbe frontiers of Georgia, have. ciosse.il over, the national boundary line, and have entered the Cherokee nation; that they are actually settling tin mselvcs on the same, among-other objects, to annoy our citizens at their peaceful huhitali ns,& lo deprive them of rights and privileges secured and guarantied to them m the most soh mn manner by the United States Government. Of course yon will, without delay, take measures to have intruders or dered out of the nation, agreeably to existing treaties (the supreme law of the land) ^etween the General Gov ernment and the Cherokee nation. 1 have the honor to be, Sir, your obedient serv’t. GEO. LOWREY. tribute to mutual' satisfaction and iuist proveinent. In making this communication I am* | influenced by a sincere good wish lo: the happiness and prosperity of your; people, and for their continued ad- , vances in civilized life. In travelling J through your country nearly two years i ago I was much pleased with tho- sight of a pamphlet of your laws. This was a specimen p(" your progress in improved govern ment which in my opinion reflected credit on the rulers of your people. In sending you our laws, I by no means expect that they will all he of any rise to you. Very jew of them would suit your condition. Indeed many of them are unsuited to our own situation. They are generally too long, and many of them, especially those relating to the conducting of' suits in courts, are too complicated, for ourselves or any other people.— They grew out of old fasliioned for malities used by our European ances tors, and should be done away. The perfection of laws is, to be short, plain, and well executed. Pleadings < in courts should require no otherfprm t than to let both parties Know distinct ly what is alledged, that a fair trial may he had. I trust there are rnany things in our system of government and laws that will suit your people at some future day. > • , I will very happy to-hear frorar won Be assured of my good 'wishes? Your most Obt. ISRAEL PICKENS* John Ross Esq. P. S J also send the minutes of our*' Bible society. Should this institu tion ho able to render you any advany tage, 1 would be happy to know it. i. r« Cherokee Agency, ) 7th Feb. 1829. \ Mr. Gf.o. Lowrey, Sir—I have just received ypur letter of the 2d. i .si. 1 have previous ly been informed Of the trespasses committed and committing on the Georgia frontier, and have sent on the Sub-agent (whoso duty it is made by the Secretary of War to keep the In dians’ lands clear of intrusions) to warn them all individually off—and have nfcio instructed him, in the event, that they, or any of them, do not go, to go and take warrants lor them, and have them hound to appear at the Federal court, or sent to jail. I have in the meantime enclosed to the Secretary of War, a letter re ceived from William Rogers, on the Chattahoochee, on the subject,and ap prized the department, that I fear they cannot he kept off, without a mil itary force kept there, which I hope will be granted. Be assured. Sir, that nothing shall he wanting on my part to put and keep all trespassers off the Cherokee lands. Respectfully, Your obt. serv’t. H. MONTGOMERY. PATENT OFFICE AT WASH- 1NGTON. The Patent Office w as the most in teresting establishment, which I saw r , at Washington. The,large apartment in which the patents arc contained**. has not mmli apparent order of ar-* rangement; for the subject is too mi-' merous and monstrous to be arranged or classified. Here you see 1500 or 2000 projects to triumph over gravi ty and friction, time and space, height and depth, and to make for tunes by catching dame nature nap-' ping in some of her most fixed ptirpq-" scs. But the old lady has proved, far* the mdst port, too witty, mid too'' wide awake for (hem. It is a. foe study of the human head turned in side out. Every one of these little' wheels, arches,levers, springs, whim sies and contrivances, in all their com binations, had existed as archetypes in some head,—The head itself, where wound up by the dosire of money anct fame, is a most versatile and rapid engine. Every owe of these invention# had occupied, no doubt., an inordinate space in the head of the inventer. The greater number lire models- or laboi saving machinery, of bridges* railways, and the application ofstepm' power, and if I recollect, not a few projects for perpetual motion, 'fher kind and communicative Swiss, who' showed and examined the raod.els r pulled the strings,trundled the w'lienls^ and moved the springs with great gaie ty. To the question how mauy hint been found useful? ho replied withl the customary shrug—all be p^efnt to dc inventer. To oders may be ticen-*' ty—may be ten. Some for somethings Some for nothing. - JVsw York Enquirer. If the spirit exhibited in the following letter should become general and predom inate in th*' hearts of the members of the national and.state Legislatures, we should expect something good fgr the Indians. Executive Department, Ala Caiiaba, Dec. 18tli 1824. Dear Sjr,—I transmit to you through the hand of my friend Gener al Dale a Digest of our laws. This contains the laws of Alabama from the commencement of its Territorial government until the year 1823,—also the Declaration of our national inde pendence, the constitution of the Uni ted States, and of the State of Ala bama. I also send you a copy of the laws passed at the last session (1823 -4.) It is my desire that these should be received hy you for the use of the public authorities of your nation. I will be very happy to receive your laws; and to continue an interchange of such laws as may be enacted by out respective governments, should such interchange meet your approbation Such office? of good fellowship he 1 tween neighbouring people must cou- MORALS OF THE WEST. A young man, who has been for a few months a resident in one of the* principal cities of the West, thu» writes to a relative in-this vicinity:—*• Chr Mir. “This is a very flourishing placet and is said to be the most moral of any place West of the mountains, of it* 1 size. This you doubtless are glad to* hear; but let me tell you farther—-I have seen one steam-boat launched’* here on the Sabbath, and have .seen a « boat start down the river, on a Sab*' ■ bath morn, w*ith a trumpeter ofideck*,, playing up “auld lang syne,” dancing;* tunes, &e. In addition la this, there’.* arc many who keep their grocery* stores open on that day. Last Sab- - hath evening 1 heard a man say, that-L their crew, 40 in number, had killed*;" and dressed six hundred hogs, that day! j I presume there tvere other com*" paniel, that lied been engaged, in a.*- exeater or less degree, in the same*- w ay. Oh! how unlike is such conduct tft the almost universal respect which*, is paid to <h-*t blessed day throughout^) i happy New-EnglandI”