Newspaper Page Text
CHEROKEE PHiEWIX, AND INDIANS’
PRINTED UNDER THE PATRONAGE* AND FOR tHE BENEFIT OF THE CHEROKEE NATION, AND DEVOTED TO THE CAUSE OF INDIANS.
pJ.BOITDIJSOTT, Editor
NEW ECIIOTA, WEDNESDAY APRIL ‘i9,182*.
- - •; ^ , ■■■■!>-
“husbandry; ao4 further .0 assist the
‘»iilU 041101) 111 lo Ueblitilie u ..
Suit, and at the tame tine to esw. •
‘lish a certain mode of tomosunic
‘tion, the U. States wil semi su-.l
‘and so many persons to reside i
‘such natiou at they may judge pro; -
‘er* not exceeding fou» in numhei
‘‘who shall qualify themselves to act as
*• inlerpreteri. liiose persons ,.li.
“have land* assigned by the Chero-
‘ kees for sultivation for themselves
“and the.r successors in office; but
“thoy siall be precluded from exer
cising any kind of traffick.”
This is known os The Treaty of
Holstein, having been signed on tin
bank of that river, near the mouth 0*'
lie French Broad.
The next treaty made by the Unit
ed States with the Cherokees was
concluded at Philadelphia in 1794.
It recognises that of Holstein, as
docs likewise the succeeding one of
October, 1798, signed, as it states,
“in the Council-house near Tellico,
“on Clurokee ground
Thus stoours atiaus asregards trea
ty obligations with the Cherokees. oil
tnc 84th of April. 1802, when the U.
,S. and State of Georgia entered into
that agreement with each other
which I shall heie merely '• tm extra
ordinary', which has been made the
basis of so much complaint against
:lie ueneral Government.*
Before victory lr»d yet nlaccd her
final wreath upon the brows of our
revolutionary warrio-s, the attention
of the wisest and most patriotic
statesmen of the country, was attract
ed by the position in which pence
would find several of the states: and
this ’position was well calculated
to awaken the most anxious fears for
its internal tranquility and future in
dependent* e-»-nn independence now
become inestimably dear from the
sacrifices :tnd sufferings whi h i* had
cost. On the south-west they saw
Georgia likely to have control over a
territory nearly equal to the combined
extent of England. Italy, and the Ne
therlands, that support a population
of thirty-six millions. Upon the north
west a territory was likely to be
added to Virginia of still greater ex
tent. which might give her sv.;-*v ore •
more than 240,000 square miles. To
a part of this latter country, Massa
chusetts. Connecticut, and New York
had claims, which were far from be
ing settled or well defined. So that
if the extent of territory had not of
itself created alarm for future inde
pendence, here was a circumstance
which threatened to strangle in blood
the hopes entertained of their newly#
born country.
Accordingly, to guard against this
impending evil, Congress, in Septem-
ter, 1780, addressed the several
states having claims to land and
sovereignty beyond their present limits
recommending a transfer of them to
the United States for the general ben
efit. Cessions of all the rights which
they claimed were in consequence of
thiE recommendation made by New
YoA. bb the 1st or Maich, 1781—
Virginia, on the 1st of March, 1784—
Massachusetts, on the 19th of April,
1786, and South Carolina on the 9th
of August, 1787. In this all-impor
tant course, New York 9eems to have
been foremost; but in reality, Virgin
ia, the Old Dominion, then well de
serving such a title through the hon
esty, the talents, the disinterested
ness of her politicians—Virginia took
•the lead in thif patriotic race; for we
find that on the 2d of January, 1781,
she passed an act offering a cession of
her claiops to this country ; nor does
she derng. mqre honor from the lead
which she thus took in this patriotic
course, than from the example which
she set in ratifying the ordinance lor
the govemme.nt of the teritory, passed
by Congress on the 19th of July, 1787;
,the.sixth article of which stipulates
that there shall be neither slavery rot
•By \h* Georgia poHwida?.
VOL. U.—i'tiS, 7
S7rr.ru , , ,^C
PRINTED WEEKLY BY
ntO. V. WHEELER,
At #2 50 if paid in advance, 99 in six
months, or 99 50 if paid at the end of the
year.
To Subscribers who can read only tlic
Cherokee language the price will be #2,00
fat advihfce, of 92,50 to oe paid within the
ye*n
Every subscription will be considered as
Continued unless subscribers give notice to
the contrary before the commencement of a
hew year, and all arrearages paid. , 1
Any person procuring six subscribers,
becoming responsible for the payment,
thall receive a seventh gratis.
Advertisements will be inserted at seven
ty-five cents per square for the first inser
tion, and thirty-seven and a half cents for
leach continuance; longer ones in propor
tion* _ .
letters addressed to the Editor,
post paid, will receive due attention.
fc W y AD Mi JEtSJ.
t»SAt.Xt#.I TAAJ* W*V* JhtfBAa 1.
BDAE vlh«5ha<»y KTA DJP 0*8JBa
m4dS.I, T<rx TE-DO-f
YGTZ K*LP T4S0-A TB DOJA^T-rfi-l, KT
RV4 0»0JBJ K4A.L D»J*<»EZ TB yW
dojash-aj, o-yjvr d#p vojb-i i»4<a-i.
•wyz o’&.r ahWh-icay, wp*v* ds-q.
meJBJi MeJ tctz tf.jjo-t’ do*
• ktjiz djp e«*y*v« o»9.*b*
«.IR
will proceed from no want of reape c
for your honourable body, and to over
look any such irregularity for the sake
of the important objects for which he
/comes before you.
When first the restlessness and cu
pidity of the European race brought
them to these shores, they found the
red man lord and sole possessor of the
soil; they found him just and kind, con
fining and generous—
“He fancied the pale-faced men were gods,
“Nor dreamt th -ir secret aim was theft
and cruelty.” >,
Columbus relates in his first voy
age, when his vessel was a wreck,
aiul he was deserted by a part of his
own crew, that an Indian chief, upon
hearing the information, “shed tears,
“& despatched all the people of the
“town with large canoes to unload the
“ship; with their assistance the docks
“were cleared in a very short time.
“From time to time he sent his rela
tions to the admiral, consoling him,
“and entreating him not to be afflicted
“at his loss, for he would give him all
“he had:’' and Columbus further
adds, “they are a very loving race,
“and without covetousness.”
Such was the character of the
American Indian in 1492, and the gen
erous aud confiding portion of it was
found in full vigour by the first Geor-
CHEKOKEE gians in 1733, when they landed on
the bank of the placid aud beautiful
Savannah.
It is generally known that the first
settlement of this colony was the re
sult of a benevolent and charitable
disposition entertained by some Eng
lishmen of humane feelings and easy
fortunes; one of whom, James Ogle
thorpe, undertook its early superin
tendence.
Me came to its shores with the
king’s charter of 1732, which is now
termed “the chaiter of the state;”
but as it only authorized him to oc
cupy the uninhabited lands, and as he
| found the country pre-occupied by
| the Indians to the very threshold, he
i lost no time, as the historian relates,
in treating with the natives for a share
of their possessions.
To induce them the more readily
to grant his request, he represented
to them, among other things, “the
“many advantages that would accrue
“to the Indians in general, from a con
nexion and friendship with them,
“(the English, )& as they had plenty of
j “lands, he hpped they would freely
Georgia.—^ \ “resign a share of theih to his people,
The measbrial of Robert Campbell, '■'■who were come (0 settle among them, for
AGENTS FOR 1 HE
PHCEN1X.
The following persons are authorized to
Veceive subscriptions and payments for the
Cherokee Phoenix. A
Messrs. Peirce St Williams, No. 20
Market St. Boston, Mass. .
George M. Ta act, Agent of the A. B.
C.P.M. New York. *
Rev. A. D. Eddy, Canandaigua, N. Y.
Thomas Hastings, Utica, N. Y.
PhLLARD St Converse, Richmond, Va.
Rev. James Cambbell, Beaufort, S. C
"William Moultrie Reid,Charleston,
1C.
Col. George Smith, Statesville, W. T.
William M. Combs, Nashville Ten.
Rev. BennEt RoBBBTS-Apowal Me.
"Mr. Thos. R. Gold, fan itinerant Gen
tleman.) , .
Jeremiah Austil, Mobile Ala.
Rev. Cyrus Kinosbubt, Maybcw, Choc
taw Nation.
Capt. William Robertbom, Augusta,
Georgia,
INDIANS.
V memorial.
To the Honourable the President and
Members oj the Senate of the Stale of!
a resident of Savannah, and a citizen
of the state aforesaid, respectfully
pepresebt*—
That your memorialist has read and
(reflected with deep solicitude and |
concern upon the' report made to the ;
honourable the Senate,of this State,
December last, claiming the abso
lute jurisdiction over, and right of the
Mate to the lands at present in poS-
lessiota of-tbe Cherokee Indians, with
in the boundaries of tbis state; boun
daries which were established, or
thtW-tUfaMsd by ourselves, without
their consent or' Concurrence.
Ypur memorialist feels it to be his
[uty, and he kndwe it to be his privi-
ge to approach your honourable body
1 the language of respectful remon-
itradfce against a measure fraught with
Id Much impolicy, injustice, and dis
grace, SOd violative of our solemn en-
iagemtafts with that brave but unfor
tunate pedplfi—-especially, and most
Unfortunate heretofore, In the high
faut false opinion which they entertain*
fid for ofi» race, and in their reliance
fan, ahd faith in Bur representations
find promises.
.Id the performance of this duty,
your memorialist will trespass as lit
tle as possible upon ybur time, but
the Subject inquires to be viewed in
96. idanr akpects, alt illustrating each
HihniV that at thd outset h6 desires to
bespeak your indulgence for a patient
hearing. Should he pass those bar
riers usually prescribed to memo-
•ialists, which he will endeavour not
V> do, he begs you to bslieve that it
“their benefit and instruction. After
“delivering some presents which
“were then considered as a necessary
“preliminary to a treaty of peace and
“friendship, an agreement was enter-
“ed into,” by which Oglethorpe ob
tained a title to the ground that the
city of Savannah now stands upoo,
with some of the adjacent country.
The fourth article of the treaty
made under these artful bul delusive
representations, has the following
words:—
“We, the head men of the Coweta
“and Cuseta towns, in behalf of all
“the lower Creek nation, being firmly
“persuaded that he who lives in (
“heaven, and is the occasion of all
“good things, has moved the hearts
“of the trustees to send their beloved
“men among us, for the good of our
“wives and children, and to instruct
'‘us and them in what is straight, do
“therefore declare that we are glad
“that their people are come here;
“and though this land belongs to Us, (the
“lower Creeks,) yet we, that wo imay
“be instructed by them, do cohtent and
“agree, that they shall make use of,
“and possess those lands wliich our
“nation hath not occasion to use.**
At a congress of all the chiefs and
Wa triors of* the lower Creek nation,
held at Coweta in I7S9, the treaty
of Hdfl Wnl declared in full force;
and cfiHttin metes ornl bounds of a
considerable country described, as
defining the* teritory in and over
which these Indians were sole propri
etors Tbeir right add title to this
territory is declared in terms, of
which, for strength and energy, we
have few examples.
They assert that this country “doth
“by ancient right belong to the Creek
“nation, who have maintained posses
sion of the said right against all op-
"posers by war, aad can show the
‘-heaps' of bones of their enemies
“slain by them iu defence of the said
"lands.”
In 1773, at a congress held at Au-
B sta, Sir James Wright, and (he
on. John Stewart, acting as com
missioners on behalf of the King, the
Cherokee Indians ceded a valuable
district of country for the purpose of
paying their debts', a measure which
may possibly be considered by some
as one of the strongest instances that
can be produced of their being at that
period much below the standard of
civilization.
In 1783 a treaty and covenant was
made at Augusta, by Governor Ly
man Hall, General John Tweggs,
Colonel Elijah Clark, Colonel Will
iam Few, the Hon. Edward Telfair,
and General Samuel Elbert, on the
port of the state of Georgia, (then
stated by this instrument te be in the
seventh year of its independence,) and
the “head men, warriors, and chiefs
.“of the hordes or tribes of Cherokee
“Indians, in behalf of the said nation.”
By this treaty and covenant, peace be
tween the state of Georgia and that
nation was estalished; and a consider
able district of country ceded. In
1785 a treaty was conc luded at Hope-
well, between the United States of
America, and the Cherokee Indians,
by which peace was made, and boun-
dries between them defined. From this,
I extract the third and twelfth arti
cles.
“Art. S. The said Indians for
“themselves and their respective
“tribes and towns, do acknowledge
“all the Cherokees to be under the
“protection of the United States of
“America, and of no other sovereign
“whosoever.”
“Art. 12. That the Indians may
“have full confidence in the justice of
“the United States, respecting their
“interests, they shall have the right
“to send a deputy of their choice,
“whenever they think fit, to Con-
“gress.”'
In 1787, the United States formed
their present admirable constitution;
which Georgia “assented, ratified,
“and adopted, fully and entirely,” on
the 2d of January, 1788.
This constitution declares that Con
gress shall have power “to regulate
“commerc e with the Indian tribes.”
That “the President shall have povv-
“er by and with the advic e and consent
“of the Senate, to make treaties, pro
vided two-thirds of the Senators pre
vent cone ur;” and that “all treaties
“made or which shall be made, under
“the authority of the United States,
“shall be the supreme law of the land,
“and the judges in every state shall
“be bound thereby; any thing in the
“constitution or laws of AnV state to
“the contrary notwithstanding.”
Under this constitution," on the 2d
day of July, 1791, a treAty of peace
and friendship was made and conclud
ed between “the President of the
United States of America, on the
“part and behalf of the said states,
“and the uiidfersigned Chiefs, and
“Wgrriors of the Cnerokee Nation of
“Indians, on thb part and behalf of
“the said nation.’* The two follow
ing articles arie quoted from this
ti'eaty.
“Abt. t; The Uhited States Sol-
“eraly guarantee to the Cherokee
“Nation, ail theii * 1 lands not hereby
“ceded.'*
“Art. 14. That the Cherokee
“Nation may be led to a greater de
cree of civlizat ion, and to become
“herdsmen and cultivators instead of
“remaining in a state of hunters, the
“United States will, from time to
“time, furnish gratuitously the said
‘“rctioo with uaefol implement# of
1 '•■*!xnitio'y Uit itiiu
ry, othcncisc than in th> punishment (J
crimes. Thereby giving a signal ant,
practical pioO> o* iici ucxuimi to
•hose piiciples, die declaration of
w'veh on tbe 4th of July, 1776, |iad
called forth the cdmiuiitration of
•tcry generous and manly heart in
Europe, and given stab eclat and
ponularity to the cause of the United
States,
t. O toher. 1787. Congress passed
another resolution, pddreised to North
Carolina and Gtorgia, again rtn m«
mending, a cession; mid on the ibi of
February, 1788, the latter passed aw
act offering one upon ceitain condi*
turns, one of which was the payment
of 1871,428, but Congress refused
to accede tc them.
Ten years after this, viz. May
798, the present constitution of
Georgia was adopted, the 23d seefioq
of the first article of which make!
special prevision for such a cession,
and in accordance with it the cele
brated agreement of the 24th of Ali it,
J802, was entered into, by which
Georgia ivas to receive $ji,250,0U0.
The fourth condition of the firs|
article of that agreement, w hich ha#
'• / n xo often refered to, i| as fol
lows:—
* l ne United Slates shall at their
“own expense, extinguish for the usa
of Georgia, as early as the same caA.
“he peaceably obtained:on reasonable
“term* the Indian title to the coun*
“try of Toiiassee, to th* lands left
“out by the line drawn by tbe Creel.#
“in the year 1798, which had been
“previously granted by the State of
“Georgia; both which tracts had for*
“»»erly been yielded by the Ind ian and
“to tbe lands within the forks cf thf
“Oconee and Orkjnulgee rivers; fof
“which several objects the president
“of thel nited States has directed that
“a treaty should be immediately held
“with the Creeks: and that the l ..iU
“cd States shall in the same manner,
“also extinguish the Indian title tq
“all (he other lands w ithin the St i te
“of Georgia.”
1 have already show n how Gec; i ia
as a State, as well as forming a coin
stituent par* of the United Stav»,
stood in relation to her treaty obliga
tions with tbe Cherokees,
I w ill now shbtv by extracts from,*
and referenco to, the laws cl |he
United States, passed before tbe
date of the agreement oj 1802, ard its
operation at that very time, that the
policy nr civilizing these people. a T
trainst which the Joint Committee of
Georgia protests, in their report of
December, 4887, was fixed, notor
ious. declared by repealed pul-lie
acts from 1793 downwards—a settled
policy, which must have been in con
templation of tbe parties Ricking that
agreement, when it W as entered in*
to.
The act of first March, 1794. m
“its 9th lection states, “that in order
“to promote civilization among ihe
“friendly Indian tribes, and to secure
“the continuance of their friendship*
“it shall and may he lawful for the
“president of-the United States to
“cause them to be furnished with
“useful domestic animals and implo*
“ments ofhusbandry
Tbe act of May I9lb, 1796. section
“1st, enacts, “That the following
“boundary lint, established by treaty
ii between the Ihiited State* and varioua
“Indian tribes, shall be clearly ascer
tained and distinctly marked.- ki.”
conforming.as regards the Cherokeca,
to the treaty w itb them of 3d July,
1791.
The 13th section provides or tq#
promotionof their civilization.
The aot of March 8d, 1799, pro*
vides for ascertaining and distinctly
marking the boundary line htweei1 thfi
United States and varioua fndia^
tribes, accoidyig to treaties, enru
forming, as reekrdsthe Che’-ol-pc*. to
the treaty w ith them of 2d October.
I7M. tUm**wM*S*$
