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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
