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owy JtTJFO^. CHEIOKEE PHCENIX, AND INDIANS’ ADVOCATE. JiT 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 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 $2,50 to be paid within the ■year, Every subscription will be considered as fcontinued unnless subscribers give nnticeto the contrary before the commencement of a hew year,and all arearages paid. Any person procuring six subscribers, dnd becoming responsible for the payment, hhall receive a seventh gratis. Advertisements will be inserted at seven ty-five cents per square for the first inser hon, and thirty-seven and a half cents fo* fcach continuance’; longer ones in propor r tion. EC7**AU letters addressed to the Editor, post paid, will receive due attention. it W y ,?(fAV IM J)-l) hti JEC.S.I. t?0At»XnS).I T\JIP B-T JhtfBA.I I* 4*8.1. boae .ir.Whaosy kta d^p cpo.iiki >4^5.1 TCTZ TF.dSO-f’ D 0.1.5.:®!-*8.1. TCTZ ftP Tc30*,\. TU DO.I.5J8K08.1, KT p»-q (Hein.! p-4oi).i. D?a^o6F.z tr yw Dej,5>tP-o®n, o-y/tr d$p o^ojiwi i*4c®.t. ewyz o»a,R atittsiuiotiy, wp*t d»-<i tpeiBa i-4o8A rerz teaso-i” do* ktjiz d^p e t ,?yw' U'Shb* IMR D0J*i»I*'<»a. 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.