About Cherokee phoenix, and Indians' advocate. (New Echota [Ga.]) 1829-1834 | View Entire Issue (June 10, 1829)
theiv own government, unless they have surrendered that power tothe Federa! Covernment, which I am-of opinion they have not. If they have the power to impose tuxes, there is nothing which forbids them totax mer chants which wonld not equally pro hibit the Staies from doing so. ‘The States have frequently exercised the power, it has . never Leen denied them by any judicial decision, and 1 must believe they have rightfully exercised it. 1 cansee nothing in the treaties which I think was intended to place an Indian trader with a li cense upon rmore favorable footing than the resident merchant withowt a license; therefore I conculde the nation have the same power to tax theons that they have to tax the other. Let us now see what Congress has actually done; whether there is any provision of theirs that will be violated by an exareise of this power. Upon examining this subjest, I can not discover any one provision which will be infringed. The act of 1802, (ch. 273, sec. 7,) provides that no citizen or other per son shall be permitted to reside at a ny of the towns, or hunting _camps, of ayy of the Indian tribes, asa trader, without a license under the hand and se 4l of the Saperintendent of the De partment, or of such other person as ¢he President of the United States shall authorize to grant licenses for that purpose, &e. The section then aroceeds to point out the duties of the superintendent, in taking bond and se curity from the applicant for a license, and vesting a power to recall the same, ¢if the condition. of the bond should be violated. The Bth section imposes a pemalty of forfeiture of all the merchandize inhis possession, and the punishment of fine and imprison ment upon any person who shall go and make a settlement for such pur posz without a license. . The 9th and 10th sections prehibit the person hav ing the license from receiving in bar ter, guns, instraments of hushandry, cooking uttensils, articles of clothing, horses, &c. and inflict a penalty upon the ‘rader who may offend in any of these particulars. The 11th section prohibits any person authorized to grant the licences from being concern ed in the trade, under a heavy penal-| ty; and the 12th prohibits, under a like penalty, any, person from pur chasiag land, or taking a lease from a ny Indian, or nation, or tribe, &c.— The 19th section gives a general per mission to citizens to travel the road to Price’s settlement, if the Indians do not object thereto. -~ ; ~ Now, ‘in all these provisions there is nothinz which countenances the idea that the Indians have not a power to pass laws for their cwn government, and to levy taxes for its support upon all persons within their limits, By the treaty, no man can enter the na tion without permission from the U nited States. They may refuse per mission entirely, or grant it upon what conditions they choose. - They have prescribed the terms, and im posed penalties; but, upon whom do_ they operate? Upon the whites: not upon the Indians in any instance.— These are the terms upon which the citizen may take his goods into the same market with the Indian mer chant; but there is not a single word comniunicating the idea that he shall be exempt from any imposition to which the Indian trader without license would be subject. Instead of this act placing him on befter footing than the Indian resident merehant, it wou'd saem to me to place him on worse. He must comply with the terms and conditions to which he has subjected ~ himself to his own Government, and he must likewise conform to the lo cal regulations of the nation, except as to erimes, for which there is a treaty stipulation. No provision is made by which b~ shall collect debts duc to him, or be compelled. to pay those he may happen to owe. I am aware of the piovisions of the acts of 1806; (ch. 48, 1809, ch. 205, and of 1811, ch. 807;) and in them 1 {ind nothing which asserts, in the Fed eral Government a power to regulate the internal’affairs of the nation. The object of these acts was to devise a plan upon which the Unied States. shoald themselves, as-a nation, carry, on trade or commerce with the differ ent Indian nations, and to prescribe rules for the government of their own - officers and agents, in transacting this business; and not to assert any right to make municipal regulations for the conduct of any person within the na tion. The President, it is true, is authorized to-establish, for the United States, trading houses near to or wilh in the nation. Suppose Congress were to believe it the interest of the United States to carry onthe business of merchandize in each -of the Stales, or in England, and were to pass an act authorizing the President to es tablish trading houses in each of those places, would any one contend that this act would be the assertion of a. power to manage the internal con cerns of the several States, or of those of Great Britain? Surcly not. The Government would be doing ex actly the same thing which two indi viduals do, when they enter into part nership, and agree to establish a trad ing house, and fix to the terms upon which their business shall be conduct ed. By these acts Government ex pected to conciliate the Indians, "and increase their influence over them, by carrying on a system of merchandising with them upoa fair and liberal prin ciples; but never intended these acts to operate as acts of sovereignty, ex ercised over the lndiaas, or any of their affairs, within their ‘nation. I therefore conclude there is nothing in any of the acts regulating trade and intercourse with the Indians, or in those establishing trading houses, which, in any degree, denies to the in dian nation the power which they now claim. But suppose the Cherokees have surrendered to the United States the power to regulate their trade, internal as well as external, it will not, as. I think, thence follow that they have not the power to im pose the tax in question. The pow er to regulate trade, and the power to raise revenue, ave distinct powers; and the surrender of the one is not neces sarily the surrender ol the other.— The several States have surrendered the power to regulate commerce; they have also given to the United States even the power to collect taxes; will any one argue that they have, therve fore, parted with the power to levy and collect taxes for themselves? | think not. 1t may, therefore, be true that the Indians have deprived them selves of all power over trade, both at home and abroad, and still their power to raise revenue remains un impaired. There is matter for each power Lo operate upon, withqut neces sarily. interfering with the other; and, therefore, those powers may well be in different hands. -~ The possibility that the powers may be so exerted as to conflict with each other is no reason to deny that either possesses the power. The theory of all Gov eraments is, that the powers conferr ed will be honestly exercised for the attainment of the specified objects.— A knowledge that the powers might be abused, by exerting them for different purposes, can never be admitted as an argument against the possession of them; otherwise, every Government could be stripped of all power. In arguing such questions, we must take it for granted that those conferring the powers for given pur poses expected an honest and fair ex ertion of them, for those purpeses on ly; and that no person or persons en trusted with the exercise of sove reign power woald exert it for the at tainment of one object, when it had been given for the attainment of a nother. Treaties rest upon the same principle—the confidence reposed in each party. Admit, then, that by the treaty the Indians gave up their whole power to regulate both” internal and external trade, still, as they have not given up the power of levying taxes and collecting revenue, they retain this latter. If; in such a case, under a pretence of collecting revenue, it was obvious they were regulating trade, it would be as much a violation of the treaty as if their avowed ob ject was to regulate trade. To col lect a tax from merchants, to compel them to pay a small portion of their piofits, at stated periods, for the sup port of the Government where they transact their business, has been a very common mode of collecting rev enne; and no State has been chargad with attempting to regulate com merce when they have exercised such power. Why, then, should the Cher okees be denied the power, because, by possibility, they might abus? it, _and undertake to regulate? F have believed, and still do, that, under the treaties, the Cherokees must be con sidered a nation, possessing like pow ers with other nations, except so far as they have surrendered their inde pendence to the United States. That they havé made surrenders of power of making municipal regulaticns for their own internal government; that, among the powers they still re tain, is that of imposing taxes; and, as ‘there is nothing in either the treaties or laws which forbids them f{rom tax ing a licensed trader, living and do ing business within their territory, that they may impose the same tax upon him that they do upon the Indian trader who hasmo suel license. . I'regret exceedingly that to you I ' have ever given any opinion -upon a -subject that interests your nation.— Had I known the purpose for which it was desired, I should have been si lent. But, having given such an one as | honestly entertained, I can never express any other until convinced of my error. I can, with the same sin cerity, tell you, that, where my opin- | ion as a professional man does not cor- | respond with that entertained by the officers of Government, there can be no doubt that [ am in error, although I cannot see it. They cannot weil mistake the meaning of the Constitu tion-and the treaties; in such a case, I easily may. Under the protection of the United States, the Cherokees have been, ina great degree, reclaim ed from hunters ‘to agriculturists, herdsman, merchants, mechanics, and from savages to civilized men: from extreme poverty, many have risen, not only to a competency, but to af fluence. 'These are the strongest ev iences of the parental care of the ‘officers of the United States. Let no consideration induce you to act in op position to their will. Let their coun ssel be the rule of your ¢onduct.— You will then have reason to hope | that the good work of civilization, so happily begun, may, ere long, be com pleted. A different course will pro | duce your ruin. Let the world kuow that the protection of the United States is withdrawn, and the Chero | kee nation cannot exist twelve months. i' lam your obedient servant, : HU. L. WHITE. | Mr. Joux Ross. , CANADIAN INDIANS. Our city has been favored during the last week with a visit from the Rev. Wm. Case and a small company of Northern Indians, who have been, through the influence of the gospel, reclaimed from the savage life—and ‘put on the order and decency and robes of Christianity. A deep inter est has been excited in ail the congre gations who have witnessed their re ligious services, which, we hope, will be followed by correspondent «c --tion. It appears from the details of missionary operations in Upper Cana da, made by Mr. C., that 5 yearsago ‘ a pious Indian was searcely known in that province; that the natives, asa body, were abandoned to drunken rev elry and debauchery; but that now an intoxicated [ndian is scarcely to be seen. Now, the incense of prayer ascends from Indian altars every _where; even children of 6 or 7 years of age conduct the sacred services of the wigwam in the absence of their parents. Among the conversions from the lowest state of intemperance 950 are numbered; 1400 are under the cave of the Missionary Society of the Canada Conference; at Bellville, on Grape Island, is a pious community of 220; at Rice Lake there are 275 who have professed religion; at Lake Sincoe there is a body of 550, of wwhom only 150 remain without a Christian profession; at the river Credit there are 240, all of whom except six are, it is said, walking as becometh the ~gospel; and among the Six Nations | and the Mississaugahs native laborers have gone forth, whose exertions have been_ crowned with success in the supposed hopeful conversion of 200. There are 14 schools ia the several tribes, two of which are taught in the | Mohawk and 12 in the English lan guage: in these schools are about 400 children, seventy-five of whom can read the scriptures. These little ones teach their parents, rcading to them the scriptures, and are thus in strumental, often, in leading them | «“to glory and to virtue.”—See Isaiah xxxv. I—G6.— Philadelphian. - Indians.—The following is the estimate made at the war-office, of the whole num ber of Indians within the limits of the Unit ‘cd States, and their location. 4 2,573 within the states of Maine, Mas sachusetts, Rhode Island, Connecticut and Virgnia. ' 4,820 within the state of New Yorx. 200 within the state of Pennsylvania. 3,100 within the state of N. Carolina. 800 within the state of 8. Carolina. 5,000 within the state of Georgia. 1,000 within the state of Tennessee. 1,877 within the state of Ohio. 23,400 within the state ol Mississippis 19,200 within the state of Alabama. 939 within the state of Louisiand. 4,050 within the state of Indiana. 4,900 within the state of Illinois. 2,631 within the state of Missouri. 9,340 within the territory of Michigan. 7,200 within the territory of Arkansas. 4,000 within the territory of .Florida. 20,200 within the country east of the Mississippi, norih of the state of ’ Hlinois, and west of the three up per lakes. 74,500 within the country west of the Missisippi, eatt of the Rocky ‘Mountains, and not included in the states of Louisiana, or Mis souri or the territory of Arkansas. 20,000 within the Rocky Mountains. 80,000 west of the Rocky Mountains, be tween latitude 44 and 49. . 313,130 within the United States. NBW BOEOTAS ° o WEDNESDAY, JUNE 19, 1829. Our readers, who have paid any atten tion to the progress of Indian emigration, will recollect that the country at the west is highly extolled by the officers of the U nited States, as being suitable in every re spect for Indian habitation. Weare even told that the Crecks, many of whom have already removed; and the Choctaws and Chickasaws, who have explored it, are pleased with it, and prefer it to their old homes. Al this shows, how determined interested persons are to misrepresent the ladians, and mislead the public. From al} that we can learn, the truth of the ca‘e is entirely differemt. In a letter addressed to an individual in this nation, the Chicka saws say, that the effect of the exploration of the country west of the Mississippi, “made by them, is to bind them more closely to the land of their nativity. They saw no country which could be compared with the one they now possess, and in which they ~can agree to reside, They visited that section of the country now inhabiting by the Crecks, which is very -poor. ‘The Creeks,” to use their own expression, “arve ‘in a poor condition. 'F'liey are continually mourning for the land of their births.— The women are in continual sorrow. We were told by the Creeks, that the land was poor, and that they were wretchedly situ ated.” The explorers {urther say, that they saw the land owned by the Cherokeecs of Arkansas—¢‘all the good'lzmfl there is in it, will soon be taken up—they [Chero kees] will soon be crowded.”” This is pre cisely what we have continually heard from respectable eye witnesses. It is therefore to deceive the public and to draw the In dians from their present possessichs, that the misrepresentation is constantly re peated. A writer in the last North American Re view, speaking on the civilization and eon version of the Indians males the following bold and sweeping remark—<To every unprejudiced observer the tribes that still exist, as tribes, within the forests of North Araerica, seem as far {rom appreciating the advantages of European manners and cus toms, maxims and mczals, and cerfainly as far from acknowledging the importance of the Christian dispensation; as were the ‘haughty and spirited cotemporaries of Powhatan: or Miantonomoh.” *Partia) instances of better success” are however excepted—but then they are but paiial.— Again. “Of all people ‘ander the sun,” our North American tribes seem most firm 1y attached to practices and opinions, which corstitute the distinctive traits of their character.” Now we have no inclin ation to spend time in refuting the fore going remarks—they carry, in the view of “every unprejudiced observer,” their own refutation. One thing is cextain, before the writer can establish his positions, he must prove that the Cherokees are not In dians. —_— "T'he extract of a letter which follows is from an unknown female friend in Phila delphia,who signs herself, A well wisher to the Indians. We can assure our corres pondent that we prize highly a word o encouragement from whatever quarter it comes. We need the sympathies of all well wishers to the Indians. We pray that the spirit of GeorGE W ASHINGTON, may prevail in the community, to an equal éxtent that the spirit of WiLriay Penxy prevails among his followers. We feel in duty bound to pay our public acknowledgements tothe Society of friends, who, following the noble example set by the illustrious founder of Pennsylvania, have always acquitted themselves as friends of Indians. To Evrias Bcupixorr, Editor of the Cherckee Phaniz.—Having felt my mind very much engaged for a considerable time past on account of, and for the’ welfare of the Aborigines of our Country, and my sympathy increased by reading the In dians® Advocate; andfat ¢easons even whee my secret petitions have been offered up o the Throne of mercy and grace for my own preservation, and also that of my friends, and ofispring, %as {am amether of a numerous family, and sensible of all the tender, anxious solicifude of a parent;) I think I may say without boasting, that [ have oftimes felt my heart enFarged in Gospel love, and desires raised for the preservation of the whole human family, when under the influence of that love which is .universal and inexhaustible. When permitted to partake of such feel ings, tll:e native inhabitants of our own Country have been livingly brought to my remembrance; believing that there is a disposition prevalent in too many of my” " own nation, to deprive them of their righte of inheritance, without allowing adequate - compensation, and almost oblige them to leave their comfortable dwellings, and 2o far into the wilderness. But surely there remains to be a proteciing Arm of Poywer, that has been graciously disposed in all agesof the world to be near to suc cour these who put their trust in Him, and not in the arm of flesh. I may tell thee if it will afford any consc ation or encourdgément to {hyself cr those whose cause thou hast espoused and so feel ingly advocated: Particularly those of thy own or the Cherckee Nation; that there -are many very many with myself of our nalion, who are desirous of holding out the hand of friendship to you in brotherly kind ness and afiectionj whose heart have re joiced to learn that there is such a disposi tion in many amongst you for improve ment in virtue and industrious habits: and that you have been enabled to form codes - of laws, and regulations of government; for yourselves, which, no doubt, you find benficial. 'The JArticle prohiiting ar dent spirits being brought near your coun-" cils is praise worthy. ¥ is holding upa good example, & it is- of great importance to every nation, that they discourage the unnecessary use of s¢ pernicious and de structive an article both to health and morals, and every good feeling, yea, may it not be said, "eternal happinessin every class of the community, in every nation or country. We have taken general interest in the information forwarded in the Phenix con cerning the Indians; and our feelings par ticularly excited on reading the interview between the Winnebagoes:and the Presi dent of the United States. Altho, the writer seems to feel some sympathy for the> poor Indians when he says, that “the heei of the foot of the white man isalready upon . their soil, and ere long will be pressed down, and made to cover it,” vet he comes” to the conclusion that ‘it is #7,.7¢ doubtless;.- for it is permitted of Heaven.~—l hope the writer does not mean to go so far as to. charge Divine Justice and Mer¢y with all the crimes, that men, in the frowardness of his own Iwill has commilted since the creation, because, he has permitted them.. “Let no man say when heis tempted, I am tempted of God: for God cannot be tempt ed with evil, neither tempteth he any man. But cvery man is tempted, when he is drawn away of his own lust, and enticed.: Then when lust hath concived, it bring etlr forth sin: and sin, wheir it 1s finished, bringeth” forth death.” Aad if a belief is entertained that a divine decree of “‘ex termination has gone forth against the en tire Aboriginal race that yet haunt our for ests & wilds, as trdly as against the Canna nites of old,” let those who entertair séich a belief consider with awfulness and fear, what has eventually befallen the children of Israel, that highly favoursd people of the Lord, when they departed (I‘;om the law and testimony: was not his Language fo them, “You iave I known of all the fami lies of the earth, therefore I will punish you for all your iniguities.” Has he not punished them, accordingly > Can we who malce such high professions expect to be ac quitted by Him who is of-purer eyes than to behold iniquity.in Jacob, orsin in Israel; with any degree of approbation. Nay ve rily. Although he is a God of mercy, he is also a God of justice, o “Civilization, must displace barbarism.” Is not this realized, in, and by the Chero kee nation and several -other tribes. It would no doubt spread far and wide under the protecting care of kind Providence en couraged by a mild pacific government; like that of our worthy predecessor Wii. Penn. ; o : Notwithstanding you may be driven | from the land of your forefathers by the hand of man, far beyond the Rocky Moun tains, yet not beyond the care of Him who regards even the sparrows,& who said to his disciples “ye are of more value than many sparrows,” What encouragement then 1§ contained in this langnage, for us all to en deavour to be the followers of a holy Re deemer, whois yet willing, both immed iately, by his good spirit,in the heart, and by ‘sometimes impressing the minds, even of feeble ihstruments, to iold forth a word of encouragement one to another; and if this address should afford any comfort or consolation under trials, may it be aseribed to the great comforter, and not. any thing to the creature.—l feel no objection to thy communicating such parfs of this as more immediately concern the natives, in thetr own Jangunage, to them, : ENGLAND. Catholic Emancipation accomplished. —The Catholic Reelief Bill passed the House of Lords on the 10th of A prit by a majority of 104, and receiv ed the Royal Assent, by commissien, on the 13th of Aprik - The Bill for the Qualification of Irish Freeholders, (the 101 Bill)also passed on the 10th, and received the Royal Assent on the 13th. On the passage of the Relief Bill the votes stood— - L Contentc—Present 149; Proxies 64 218 Non-Contents Prist76; Proyies 88 109 Majority, 104
