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-JcTJBCKa CHEROKEE PH<EN!X, AND INDIANS’ ADVOCATE. PRINTED UNDER THE PAlBONAGE, AND FOR THE BENEFIT OF THE CHEROKEE NATION, AND DEVOTED TO THE CAUSE OF INDIANS.—E. LCLDINOTT, JiDlTcH. VOL. II* NEW ECU OTA, WEDNESDAY JUNE 10,1829. NO. 10. PRINTED VVEE8U BY JOHN F. IVIIEELER, At $2 50 if paid in advance, $3 in six months, or $3 50 if paid at the end of the year. To subscribers who can read only the Cherokee language the price will be $2,00 in advance, or $2,50 to be paid within the year, Every subscription will be considered as ^continued unnless subscribers give nnticeto the Contrary before the commencement of a new year,and all arearages paid. Any person procuring six subscribers, 'and becoming responsible for the payment, shall receive a seventh gratis. Advertisements will be inserted at seven- t.y-five cents per square for the first inser tion, and thirty-seven and a half cents fo. each continuance; longer, ones in propor tion. IdJ**.Vll letters addressed to the Editor, post paid, will receive due attention. (!ivy v>D Ii S 1 J E CiS J- FOAlXoM TAJ)r> V V* JhiTBAJ BS.1E JIi«Ii.lt»y KTA D.fSP 0°0.IB,1 Iv4oBJ| TGTZ. TEJIHMr 5 DOJ^I'A.I. Tt?Z ftp ToBO-A TB D0J/5J®I‘c»a, KT DV-q O'OJB.I I-4ofc..*. D?.lr5cS)EZ TB y IV 2>0J0-y/lT D.j!F 0'0JB_I I‘4(*..l. cwyz cpcjr ahvuaay, wp*v» d?*i (PBJBU K4.I0JC fjaiur’, TGPZ TKAJO-iT’ 1)6" KT.TZ D$P 6oTyO^UB* fvIR D0J*c»P'»ea. AGENTS FOR 'I HE CHEROKEE PHOENIX. The following persons arc authorized to receive subscriptions and payments for the Cherokee Phoenix. • Messrs. Peirce &. Williams, No. 20 Market St. Boston, Mass. George M. Tracy, Agent ofthe A.B. C. F. M. New York. Rev. A. D. Eddy, Canandaigua, N. Y. Thomas Hastings, Utica, N. Y. Pollard &. Converse, Richmond, Ya. Rev. James Campbell, Beaufort, S. C William Moultrie Reid, Charleston, 3. C. Col, George Smith, Statesville, W. T. William M. Combs, Nashville Ten. Rev. Bennet Roperts—Powal Me. Mr. Trios* 11. Gold^(.ui itinerant Gen tleman.) JeremiaH Austil, Mobile Ala. Rev. C yrus Kingsbury, Mayhcw, Choc taw Nation. Capt. William Robertson, Augusta, Georgia. Col. James Turk Bellfonte, Ala. INffi/iMS. IION. H. L. WHITE'S LETTER. [Concluded from our last.] These considerations account for the language used in the 2d article ot the treaty of Holston, and enable us pretty clearly to discover the import of the words in the 6th article—sole and exclusive power to fegu ate their - trade. By the 2d article, the Cher- ckees had deprived themselves of all power to make any treaty with any foi- eign sovereign, or State, or individ ual. This power, thus given away in the 2d article, it wn9 essential ehould be vested in dome sovereign, who would feel disposed to exercise it for their benefit, whenever the proper time for its exercise should arrive; hence the language U9ed in the 6th article. The power parted with in the 2d is vested by the 6tli in the United States. In the case of the States, the language of the Con stitution is, “Congress shall have f lower to regulate commerce with oreign nations, and among the general Slates, and with the Indian tribes.” In the case of the Indians, the lan guage in tho treaty is “That the[Unit- ed States shall have the sole and ex clusive right to regulate their trade.” In each case, as I think, the same idea is communicated; in each a power is given to regulate their ex ternal trade; and in neither is a pow er given to make municipal laws for them. They may regulate the trade or commerce which other States or nations carry oh with them-, but as to the internal trade, lo he carried on within their own limits, it is as much the subject of their own municipal raws, as if the Cherokees still re mained independent, to all intents and purposes. If it tie true, as some suppose, that, in virtue of lliis 6th ar ticle in the treaty, Congress has pow er to make municipal laws for them, and to regulate all their interna' trade, within the body and heart o,- the Cherokee nation, where is tin necessity for an express stipulation for the road from Washington to iviero district, for the Kentucky road for the road to Georgia, for that U Tombeckbe, and for the post road to New Orleans? Where was the ne cessity lor the stipulation for the free n wigation of fhat part of the Tenncs see river which ltow3 through the na tion? All these stipulations, made at different times and in several trea ties, were entirely useless. If it be true that the United Stales, in vir tue of this treaty stipulation, have not only the power to regulate the trade within the nation, but also all their ((he Indians) affairs, where was the necessity of those stipulations which provide that white persons who may go within the nation, and (here com mit crimes, may he brought out and j punished in the same in inner as if they had committed the like crimes - upon or against white persons within the limits of tho district where they resided. The object of this provision is important, and cannot be misunder stood The Cherokees were To he considered as a nation; the hounds of their territory were ascertained; within those hounds they would have all the rights of sovereignty not sur rendered: if a white man went with in their limits and committed a crime or trespass, ho would have been a- munable to the tribunals of the coun try where the o(fence Was committed, and the nature of his crime, as well as the measure of his punishment, w uld have been ascertained by the municipal laws of the country in which he hod transgressed. Know ing this, and being unwilling, on the one hand, that a guilty citizen should escape with impunity, and determin ed, oil the other, that the guilt or in nocence of an American citzen should not he ascertained by an Indian tribu nal, nor should the nature of his crime or measure of his punishment he as certained by an Indian Legislature, this provision was inserted. But if an opityon different from mine ho en tertained; if it he true that the Unit ed States are clothed with the power to regulate internal trade, and all other affairs, and the Indians have no power to act on these subjects; these provisions were unnecessary. The Congress had nothing to do but pass an act, and the same object would be attained. The United States, even as early as 1791, looked forward to the time when the Chero- kces would become enlightened, when they wodld become civilized, when they would he capable of self-govern ment, when they would be owners of properly real and personal, which each individual within the nation, who might be the owner of it, would be desirious of having secured to his ex clusive use. How were these objects to be attained? The stipulations of the treaty of that year answer the question—by giving them a perma nent interest in the country; by leav ing them in the possession of all the powers of other independent commiriuni' ties, Consistent with the interest of the United States. Without an in ternal government of their own, they must remain savages. A government cannot he administered without mo ney; without the power to impose a tax, money cannot he collected. In selecting objects or subjects of taxa tion, they have the sam'c range as any one ofthe States. A tax upon mer chants. upon pedlars, and hpon haw kers. is common in many, if not in all the States. If the Cherokees have the power to impose a tnx upon any thing within their limits, there is noth ing in any treaty or statute which prevents them from Imposing a tax upon an Indian or Indian countryman, settled and residing in the nation, atu. carrying on the business of trade ano merchandise, without any license from the United Stancs; and if they art- prohibited from the exorcise of this . power, it must be upon some prinai- j pie which would prohibit any one oi t ihc Slates likewise. There now arc, and have been foi , years, resident merchants in tho na tion, using capital sufficient for re spectable retail stores almost any where in the United States. They neither have, nor is there any 1.1\\ requiring that they should have,' a license to enable them to vend their goods. There arc many Indians and Indian countrymen with good farms well stocked. Cannot these he tax ed? If they can, what is there to ex empt the itinerant mcrclrant, the haw ker or pedlar, within the nation, with a license from the United States? ■’ Was it the intention of the United States to give such person a privilege over the resident Indian merchant? — There is not one word in the treaty lo countenance such an idea. Under the parental care of the Federal Govern ment, the Cherokees have been in a good degree reclaimed from their savage state: under their patronage ■ they have become enlightened; they have acquired a taste for properly ol their own, from the use of which they can exclude all others. They ha\e acquired the property itself. There must be laws to protect it, as well as to protect those who own it. By what community ought these laws to he enacted? Laws there have al ways been, and laws there must con tinue to he, emanating from some power capable of enacting them. Where is that power? It must he in Congress, or in the Cherokees. Con gress has never exercised it, the Cherokees always have. And if 1 have been correctly informed, one of the Presidents {if the United States, to aid them, digested a code of writ ten laws, which lie supposed sailed to their society, sent it to them with his recommendation that they would a- dopt them. The nation gave them a candid examination,and did adopt such of them as they thought adapted to their situation. Afterwards, if I ain not mistaken, in a communication to Congress, it was mentioned with approbation that the Indians were progressing in the good work of civi lization, and assimilating their gov ernment to that of the United States. I never heard that their power was doubted. That this power had been surrendered to the United States by the words that “Congress should have the sole and exclusive right to regulate I their trade,” or by the words “man aging all their affairs in such manner as they think proner, ,} if they ought to be considered in force. 1 cannot suppose it possible that in making these treaties the United States ci ther wished of intended to take from the Indians the power of making mu nicipal laws. If they did, it must have been with a view to vest the same powers in Congress. It would have been cruel to divest the Indians of the power,without at the same time intending to use it for their benefit. This power never lias been used, that I know of, perhaps could not be used, by Congress, to advantage. Of all subjects that Congress could he called to act upon, this would be the most difficult—to make a code of laws by which the Cherokee nation should manage all their internal affairs. I cannot hut believe that (his is pow er most fit to be exercised by the Cherokees themselves, and that such was the opinion of those who framed the treaties; and, therefore, they were left in possession of, it. At the time this treaty was framed, and this language used, the Cherokees were in possession of a district of country, spread iuto several States; they lived in many detached villages, separated from each other, tome of lliem by many miles, each village hav ing ils own peculiar customs. This country is solemnly guarantied by this treaty to the Cherokee nation. Mu nicipal laws to regulate ils trade and and all its affairs within those limits, •ire to he made from time to time, ind those laws frequently lo he chang 'd, so as to suit the changing eou- iition of those inhabitants, and there by promote their happiness and com fort. Is it probable that (he Execu tive of the United Stales, or his ne gotiator, would desire this power tak en from tho Indians and vested in Congress? Would (he Indians he willnig to transfer it? Were Con gress lo he perpetually in session, v it lion t any other business to engage .heir attention, il is not probable they could discharge such a trust to their nvn satisfaction, or to the salisfac- ion of an Indian community. General Washington knew better than lo desire the transfer of stu b a power lo the United States; his ne gotiator, acting under his special in structions, knew better; we ought not therefore to give to the treaties such a construction as would vest such a power in Congress, if language used can be fairly satisfied without doing so. It Seems to me this can be done. “Congress shall have (lie sole and exclusive power to regulate their t-adc.” I>y lbe words sole and exclu sive, we exclude all other sovereigns from acting upon the subject. Jtog- tilaling "their trade:” these words lix (he subject to be regulated; that is, their trade: the trade of tbe Indian nation ns a nation; not the trade be tween A and B within the nation. In other words, Congress alone is to have the power of regulating the trade of the Indian with all other sovereigns. Each Slate was oitce sovereign; each hail the power to regulate its commerce with other sovereigns. By tho Constitution of the United Slates, Congress is vest ed with the power to regulate com merce with foreign nations, and a- inong the States and with the Indian tribes. What power have the States lost? Tho power to regulate com merce with foreign nations, and among each'other; but neither lias lost the power to regulate transactions be tween A and B within its own limits. The Indian nation must some time have a government to regulate the in ternal concerns of the nation; indeed they have always had one: as they be come enlightened and civilized, this government, like that of oilier nr.tions, will require money to support it. There is no stipulation in any treaty that Congress shall defray this ex pense out of the common fund. Is Congress by the treaties to impose a tax upon the Indians? The Amer ican Government never lias advocat ed the doctrine that taxes can bo im posed by a body, where the people taxed arc unrepresented. The Con stitution of tbe United States prohibits an enumeration ofthe Indians for the purposes of representation; they are therefore unrepresented in Congress. If we suppose the treaty of ’7S5 in force, and add to the words “regu late their t rade”“«iul all their affairs,” it will net aid the oilier side of the question. Immediately it will be asked, with whom? I answer, with foreign nation*. As a nation, they have much to transact with tbe United States, or with other nations, which does not relate lo the i emula tion of trade, the fixing boundaries, treating with other Indians, &.c. The affairs then which they have to transact with other powers, the Unit ed States have the power to manage for them; but not to manage affairs which relate to the iclativc duties of individual Indians to each other, with in their own territory, nor to the du ties which individuals of the Indian community owe to the Cherokee na tion. So soon as the Indian nation had existence as a community, there was a power some where to make mimici- { i pal regulations for the' government ol* that community, and unrong • those" powers one to levy and collect taxes; that power siiil exists some where; i think it is not one ol' loose powers' transferred to the United States: it must therefore remain with the Che rokee nation. I will now inquire whether 1 hern is a:iv thing in the trea ties which will exi innt the merchant having a pzrmil from the United States, and vending his merchandize, by retail, within the nation, from a lax. By the 9th art it |<; of the treaty of Holston, it is provided, “that no’ citizen or inhabitant of the United States shall attempt to hunt or dcs- stroy the game on the lands of tho Cherokees; nor shall any citizen or inhabitant go into the Cherokee country without a passport first obtained.&r. By the Ultli article, it is provided tiial tho United Slates will send a number of persons, not exceeding four to reside in tho country, who shall quality themselves to act as inter preters: these persons' shall have lands assigned them by the Ckerokoc#' for cultivation, for themselves and tiie:r successors in office, but tiny shall be precluded from exercising any kind of Irafjick. Thesearti les aic the only ones to ho found, which speak of a passport, or permission to go ink* the nation. Tiie older I of the provision in this DtIt article, it Appears to me is very obvious: it is to preserve peace with the Indians. If all descriptions of per- sons were permitted th enter the. na tion, this could not bo diiiie; disor derly immoral persons would make their way inio (lie nation, practice' fraud upon tho Indians, and a war might be the rousequen, e Heine Ihc stipulation that no white person shall enter the nation without a pr ssnoif from the Government: but ir is i;ot said that bis passport shall cdr.for any oilier privilege Upon him; but that of excusing him from being considered as a trespasser, a person that' is outlawed by bis own Government, as one that the Indians may punish or not, as they choose. Before he obtains thepermis-* sion to go, be must satisfy bis own' Government as to the business npctf which bo wishes to enter the nation) and if the Government believes b<? can be safely trusted among the In dians, the officer gives him a pei mis sion to enter the nation, aitil in that permission specifics tho business upon which be goes. It is a document furnished him to satisfy the Che.ro-' keosthat the individual tunned in it lias the consent of his own Govern* merit to go into their country, for tlui purpose of trading with them; there is no- stipulation that he shall, in any respect, be entitled to a privilege, ai lo bis traffuk, which their own pcov pie do not enjoy. The exemption claimed would give the man who holds (he passport the right of vend ing his merchandize upon better terms than the resident merchant.' This surely never was intended. It can not fairly lie argued that this paper is given in virtue of the power to ieg- ulate trade. If so, and Congress are to regulate then' internal trade, lion' comes it that no license has ever been required for (lie resident mer chant? For years, Indians and In lino countrymen have vended goods in their Wn country, without any . such in strument: but the American citizen' who wishes to go into the nation for this or any other purpose, and does not wish to expatriate himself, must obtain (lie consent of bis Government; and this written consent very nature- ally expressrs the business which be intends to follow* while there. The Government derives no revenue from those passports: and is an exclusive privilege to be granted without an ex-* press stipulation in the treaty to au thorize it ? I thhk it never was ni ton led. If thd ClVprokees arc to Lo* considered as a- nation, they must have power to impose taxes -nwt- tnrjcc olkeii trurivipal regulations' Colt V