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CHEIOKEE PHCENIX, AND INDIANS’ ADVOCATE.
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PRINTED UNDER THE PATRONAGE, AND FOR THE BENEFIT OF THE CHEROKEE NATION, AND DEVOTED TO THE CAUSE OF INDIAN S.—E. BOUDIRCTT, EDIT Cl..
VOL. II.
NEW ECHOTA, WEDNESDAY JUNE 1
PRINTED WEFKLY BY
WHEELER,
■JOHN F.
At $2 50 if paid in advance, $3 in six
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To subscribers who can read only the
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Every subscription will be considered as
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Any person procuring six subscribers,
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EC7**AU letters addressed to the Editor,
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AGENTS FOR. 'I HE CHEROKEE
PHCENIX.
The following persons are authorized to
receive subscriptions and payments for the
Cherokee Phoenix.
Messrs. Peirce fc. Williams, No. 20
Market St. Boston, Mass.
Georoe M. Tracy, Agent of the A. B.
C. F. M. New York.
Rev. A. D. Eddy, Canandaigua, N. Y.
Thomas Hastinos, Utica, N. Y.
Pollard Si Converse, Richmond, Va.
Rev. James Campbell, Beaufort, S. C
"W ILL (AM Moultrie Reid, Charleston,
g C
Col. George Smith, Statesville, W. T.
William M. Combs, Nashville Ten.
Rev. Bennf.t Roberts—Powal Me.
Mr. Thos. R. Gold, (an itinerant Gen
tleman.)
Jeremiah Austil, Mobile Ala.
Rev. Cyrus Kingsbury, Mayhew, Choc
taw Nation.
Capt. William Robertson, Augusta,
Geofgia.
Col. James Turk BellfonteAal.
INDIANS.
proud of Liberty, and tenacious of the
rights of man, would condescend to
have placed herself before the world
in the imposing attitude of a usurper
of most sacred rights and privileges
of a weak, defenceless, and innocent
najtion of people, who are in perfect
peace with the United States, and to
whom the faith of the United States
is solemnly pledged to protect and de
fend them against the encroachments
of their citizens.
In acknowledgment for the proteo
tion of the United States and the con
sideration of guarantee^ to our na
tion forever the security of our lands
&e. the Cherokee nation ceded by
treaty a large tract of country to the
United States, and stipulated that the
said Cherokee nation ‘‘will not hold
any treaty with any foreign power, in
dividual Stale, or with individuals of
any Stale." These stipulations on
our part have been faithfully observ
ed, and ever shall be.
The right of regulating our own In
ternal affairs, is a right which wc
have inherited from the Author of our
existence, which we have always ex
ercised, and have never surrendered.
Our nation had no voice in the for
mation of the Federal compact be
tween the States; and if the United
Slates have involved themselves by
an agreement with Georgia, relative
to the purchase of our lands, and^have
failed to comply with it in the strict
est letter of their compact, it is a
matter to he adjusted between them
selves; and on no principle of justice
can pn innocent people, who were in
no way a party to that compact, be
held responsible for its fulfilment;
consequently they should not be op
pressed, in direct violation of the so
lemn obligations pledged by treaties
for their protection.
It is with pain and deep regret we
have witnessed the various plans
which have been devised within a few
years past by some of the officers of
the General Government, and the
measure adopted by Congress in con
formity to those plans, with the view
of effecting the removal of our na
tion beyond the Mississippi, for the
purpose, as has been expressed, to
promote our innerest and permanent
happiness, and save us from the im
pending fate which has swept others
into oblivion. Without presuming to
doubt the sincerity and good intentions
of the advocates of this plan, we,
as the descendants of the Indian race,
and possessing both the feelings of
the Indian and (he whiteman, cannot
but believe that this system to per
petuate our happiness, is visionary,
and that the anticipated blessings can
never be realized. The history of
MEMORIAL
of John Ross, Richard - Taylor, Dd-
ward Gunter, & William S. Coody,
Representatives of the Cherokee JVu-
tion of Indians.
To the Honorable the Senate and House
of Representatives of the United States of
America, in Congress assembled:
We, the undersigned, llepreseftta- "ever oe rea.izeu. me msimy ui
live, of tl» Cherokee nation, beg 1 ««> P™aperiou S tied improving con.li-
leave to present before your 1 1 “»■> of ° ur tie01,le in U,e “ rls of C,V| -
honora
ble bodies a subject of the deepest
interell to our nation, as involving the
most sacred rights and privileges of
the Cherokee People. The Legis
lature of Georgia, during its latest
session, passed an act to add a large
portion of our Territory to that State,
syid to extend hef jurisdiction over the
same, declaring .“all laws and
usages, made hnd enforced in said
Territory by the Indians, to be null
and void after the first of June, 1830-
No Indian, or descendent of an Indian,
to be a competent witness, or a party
to any suit to which a white man is a
party.” This act involves a question
of great magnitude and of serious im
port, and which calls for the deliber
ation and decision of Congress. It is
a question upon which the salvation
and happiness or the misery and de
struction of a nation depends, there
fore it should not bo trifled with.
The anxious solicitude of Georgia to
obtain our lands through the United
States bv treaty was known to us, and
after having accommodated her desir
es (with that of other States bor
dering on our territory) by repeated
cession of lands, until no more can he
reasonably spared, it was not con ’.eiv-
Cdj much less believed, that a Stale,
tion of our people
lized life and Christianization, is be
fore the world, and . not unknown to
you. The cause which have pro
duced this great change and state of
things, are to be traced from the vir
tue, honor,and wisdom, in the policy of
the Administration of the Great
Washington—the Congress of the Unit
ed States and the American People;
the relationship and intercourse es
tablished by treaties, and our loca
tion in the immediate neighbourhood
of a civilzed community—and withal
occupying a country remarkable for
its genial and salubrious climate; af
fording abundance of good water,
timber, and a proportionate share of
good lands fur cultivation. If, under
all these advantages, permanent
prosperity and happiness of the Cher
okee People eannot lie realized, they
never can he realized under any,other
location within the limits of the
United States.
We cannot but believe, that, if the.
same zeal and exertion were to be
used bv the General Government and
tho Slate of Georgia, to effect a
mutual comuromise in the adjustment
of their compact, as has been, and is
now, using to effect our removal, it
could he done to the satisfaction of the
people of Georgia, and without any
sacrifice to the United States. We
should be wanting in liberal and char
itable feelings were we to doubt the
virtue and magnanimity of the Peo
ple of Georgia, and we do believe that
there are men in that State whose
moral and religious worth stands forth
inferior to none within the United
States. Why, then, should the pow
er that framed the Constitution of
Georgia, and made the compact with
the United S. be not exercised for the
honor of the country, and the peace,
happiness, and preservation of a peo
ple, who were the original proprie
tors of a large portion of tho country
now in jibe possession of that State;
And whose title to the soil they now
occupy, is lost in the ages of antiqui
ty, whose enterests are becoming
identified with those of the United
States, and at whose call they are
ever ready to obey in thej hour af
danger.
In the treaty made with the Clier-
okees west of the Mis'flssippi, in May
last, an article was inserted with the
views of inducing our citizens to emi
grate, which we cannot but view as
an unpredented policy in the Gener
al Government; and whilst we admit
the liberty of the Cherokees as free
men to exercise their own choice in
removing where they may think pro
per, we cannot admit the right of the
Cherokees west of the Mississippi
more than any other nation, to enter
into a treaty with the United States
to affect our national rights and privi
leges in any respect whatever, and
"against which we would most solcmn-
iy protest. It is with no little sur
prise that we have seen in a document j
printed for the use of Congress, con
nected with the subject of Indian em
igration, the following statement:
“from the ascertained feelings of the
Chiefs of the Southern Indians, there
is a fixed purpose, by threats or otherwise,
to keep their people from emigrating."
Again: * i there is no doubt but these peo.
pie fear their chiefs, and on that account
keep back." If we are to understand
that these remarks were intended to
apply to the people and chiefs of our
nation, we do not hesitate in saying,
that the informant betrays either an
entire ignorance on the subject, or a
wanton dispos’d ion to misrepresent
facts. The chiefs of our nation are
the immediate representatives of the
people, by whose voice they are e-
lected; & with equal propriety it may
he said, that the people of the Unit
ed States are afraid of these Repre
sentatives in Congress, and other
public officers of the Government.
We cannot admit that Georgia has
the right to extend her jurisdiction
over our territory, nor are the Che
rokee people prepared to submit to
her persecuting edict. We would
therefore respectfully and solemnly
protest, in behalf of the Cherokee na
tion, before your honorable bodies,
against the extension of the laws of
Georgia over any part offfcr Territo
ry, and appeal to the United States’
Government for justice and protec
tion. The great Washington advised
a plan and offorded aid for the gener
al improvement of our nation, in ag
riculture, science, and government.
President Jefferson followed the no
ble example, and concluded an ad
dress to our delegation, in language
as follows: “I sincerely wish you may
succeed in your laudable endeavors
to save the remnant of your nation by
adopting industrious occupations and
a Government of regular law. In this
you may always rely on the counsel and
assistance of the United States." This
kind and generous policy to meliorate
our condition, has been blessed with
tho happiest results; our improve
ment has been without a parallel in
the history of all Indian nations. Ag
riculture is every where pursued,and
the interests of our citizens arc per
manent in the soil. We have enjoy
ed tho blessings of Christian instruc
tion, the advantages of education and
merit are justly appreciated, a Gov-
1829.
NO. 11.
ernmeniof regular law has been a-
doptedjjuid the nation, under a con
tinuance of the fostering care of the
United States, will stand forth as a
living testimony, that all Indian nations
are ipt doomed to the fate which has
swept many from the face of the
earth) Under the. parental protec
tion cf the United States, we have ar-
rived'at- the present degree of im
provement, &, they arc now to decide
whether we shall continue as a peo
ple, or be abandoned to destiuc-
tion.
In behalf, and under the authori
ty of the Cherokee nation, this pro
test and memorial is respectfully sul-
mittted-
Washington City Feb. 27, iS29.
From the Georgia Journal—Extra.
Milledgeville, May 26.
The Indians.—Since the publica
tion of our paper of the 25th, the fol
lowing documents have been received
by the Governor. They are believed
to furnish intelligence sufficiently im
portant, and gratifying to the public,
to warrant the tssue of an extra sheet.
INDIAN TALK.
From the President of llie United Slates
to the Crc k Indians, through Colo
nel Crowell.
Friends and Brothers: By permis
sion of the Great Spirit above, and
the voice of the people, 1 have been
made a President of the United States,
and now speak to you as your Father
and friend, and request you to listen.
Your warriors have known me long.
You know I love my white and icd
children, and always speak straight,
and not with a forked tongue; that I
have always told you the truth. 1
new sneak to you, as to my children,
in the language of truth—Listen.
Your bad men have made my heart
sicken, and bleed by the murder of one
of my white children in Georgia.—
Our peaceful mother earth has been
stained by the blood of the white man,
and calls for the punishment of his
murderers, whose surrender is now
dtynanded under the solemn obligation
of the treaty which your Chiefs and
Warriors in Council have agreed to.
To prevent the spilling of more blood,
you must surrender the murderers,
and restore the property they have
taken. To preserve pence, you must
comply with your own treaty.
Friends and brothers, listen:—
Where you now are, you and my
white children are too near to each
other to live in harmony and peace.
Your game is destroyed, and many of
your people will not work and till the
eaVtli. Beyond the great River Mis
sissippi, where a part of your nation
has gone, your Father lias provided
a country large enough lor all of you,
and lie advises you to remove to it.—
There your white brothers will not
trouble you; they will have no claim
to the land, and you can live upon it,
you and all your children, as long as
the grass grows or the water runs, ;n
peace and plenty. It will he yours
forever. For the Improvements in
the count 17 where you ti'ow live, and
for all the stock which you cannot
take with you, your Father will pay
you a fair price.
In my talk to you in the Creek Na
tion, many years ago, I told you ol
this new eountiy, where you might be
preserved as a great nation, and
where your white brothers would not
disturb you. In that country your
Father, the President, now promises
to protect you, to feed you, and to
shield yoti from all encroachment.—
Where you now live your white ’m oth
ers have always claimed the land.—
The land beyond the Mississippi be
longs to the President and to none'
else; and he will give it to you for
ever. f
My children, listen. The late
murder of one of my children in Geor
gia, shews you that you and they are
loo near to each other. These bad
men most now be delivered up, and
suffer the penalties of the law for ihd
blood they have shed.
1 have sent my Agent , and your
friend Col. Crowell, to demand the
surrender of the murderers, and to
consult with you uponjhe subject of
your removing to the land I have pro
vided for you West ol the Mississippi,
in order that my white and icd chil
dren may live m peace, and thafthe
land may not Lc stained with the blood
of my children again. I have in-
instructed Col. Crowell to speak the
truth to you, and to assure you that,
your father, the President, will deal
fairly and justly w ith you, and whilst
lie feels a Father’s love for yon, he
advises your whole nation to go to the
place w here he can protect and fos-*’
ter you. Should any incline to re
main and come under the laws of Al
abama, land will be laid off for them,
and their families in fee.
My, children, listen. My white
children in Alabama, have extended
their law over your country. If you
remain in it, you must be subject to
that law. If you remove across the
Mississippi, you will be subject tc
your own laws, and the care of youf
Father the President. ) 011 will be
treated with kindness, and the lands
will be yours forever.
Fj’ieuds and Brothers, listen. This
is a straight and good talk. It is for
your nations good, and your father re
quests you to hear his counsel.
Signed AN D RE W JACK SON.
March 23, 1823.
The Secretary cf li ar to the Cherokee
ljelegalion.
(COPY.)
Department of War, )
April 18, 1823. )
To JUcssrs. John Iloss, Richard Tay■<
lor, Edward (Junior dnd li illiam S,
Coody, Cherokee Delegation.
Friends and Brothers—Your letter
of the 17th of February, addressed to
the late Secretary of W ar, lias been
brought to the notice of this Depail-
inent, since the communication made
to you cn the lllli inst.; and having
conveisod freely and fully with 11:0
President of the United States, 1 am
directed by him to submit the follow
ing as the viofts which aie entertain
ed, in reference to the subjects which
you have submitted 1’or consideration.
You Stale that “the Legislature
of Georgia, in defiance of the
laws ol the United States, and
the most solemn treaties existing,”
have extended a Jurisdiction over
your nation to take effect in June 1830.
That “Your nation had no voice in
the formation of the confederacy ot
the Union, and has ever been un
shackled with the laws of individual’
States, because independent of them;”
and that consequently this act of
Georgia is to be viewed, “in no olh»
er light, than a wenton usurpation of
power, guaranteed to no State, nei
ther by the common law of the land,
nor by the laws of nature.”
To all this, there is a plain and ob
vious answer, deducibfe from the
known history of the country. Du
ring the w ar of the Revolution, your
nation was the friend and ally of
Great Britain; a power which their
claimed entire sovereignty, w ithin the
limits of what constituted thr- thirteen
j United States. By the Declaration
of Independence and subsequently the
Treaty of 1783, all the rights of sove
reignty pertaining to Great Britain,
became vested respectively in ibe
original States of ibis Union, including
North Carolina and Georgia, within
whose territorial limits, as define*}
and known, your nation was then sit-'
ualcd. If, as is the case, you have
been permitted to abide on your lands
from that period to tho present, cn*
joying tho right of soil and privilege
to hunt, it is not thence to bo infer*
rod, that this wa$ any think mo'e
than a permission growing out of
compacts with your nation; nor is it a
circumstance vyhcnce, now to deny
to these States, the exercise of theii 1
original sovereignly.
