Cherokee phoenix, and Indians' advocate. (New Echota [Ga.]) 1829-1834, June 17, 1829, Image 2

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J Ill the year 1785, three years af ter the independence of the Stales, which compose this Union, had been acknowledged by Great Britain, a treaty, at ti ipevvell, was concluded with your nation by the United States. The emphatic language it contains caiinol he mistaken, commencing as follows—‘The commissioners pleni potentiaries of the United States in Congress assembled, give peace to all the Cbero.sees and receive them into favor and protection of the United States of America.” It proceeds then to allot and to define your limits and your hunting grounds. You were secured, in the privilege of pursuing the game; and from encroachments by the whites. No right however, sovq a mere possessory one, is by the provisions of (Jie treaty of Hopewell, conceded to your nation. The soil, and the use of it, were suffered to remain with you, while the sovereign ty abided, precisely where it did be fore, in those States, within whose limits you were situated. Subsequent to this, your.'people were at enmity with the United States, and waged a war upon our frontier settle ments; a durable peace was not en tered into with you, until 1791. At that period a good understanding ob tained, hostilities ceased, and by the treaty made and concluded, your na tion was placed under the protection of our Government, and a guarantee given, favorable to the occupancy and possession of your country. But the United States, always mindful of the authorities of the States, when treat ing for what was so much desired, peace w'ith their red brothers, for bore to offer a guarantee adverse to t is sovereignty of Georgia. They c >uld not do so; they had not the pow er. At a more recent period, to wit: 1S02, the Slate of Georgia, defining her own proper limits, ceded to the U- nited Strtes, all her western territo ry upon a condition which was ac cepted, ti that the United Slates shall, at their own expense, extinguish for the use of Georgia as early as the same can he peaceably obtained on reasonable terms the Indian title, to all the lands within the State of Georgia.” She did not ask the milit ary arm of the Government to be em ployed, but in her mildness and for bearance, only, that the soil might he yielded to her, so soon as it could peaceably be obtained,& on reasonable terms. In relation to sovereignty nothing is said; or hinted at in the compact; nor was it necessary or even proper, os both the parties to the a- greement tvell knew that it w r as a right which already existed in the State in virtue of the Declaration of our Independence, and of the treaty of 1783 afterwards concluded. These things have been made known to you frankly, and after the most friendly manner; and particularly at the making of the treaty with your nation in 1817, when a portion of your people stipulated to remove to the west uf the Mississippi; and yet it is alleged in your communication to this Department, that you have ‘‘been un shackled with the laws of individual States, because independent of them.” The course you have pursued of establishing an independent, substan tive, government, within the territo rial limits of the Slate ofGeorgia, ad verse to her will, and contrary to her consent, has been the immediate cause, which has induced her, to de part from the forbearance, she has so long practiced; and in virtue of her authority, as a sovereign, independent Stale to extend over your country, her Legislative enactments, which she. and every State embraced in the confederacy, from 1783 to the pres ent time, wht'n their independence was acknowledged and admitted, pos- esssed tho power to do, apart from any authority, or opposing interference by the General Government. But suppose, and it is suggested, merely for the purpose of awakening your better judgment, that Georgia, cannot, and ought not, to claim the exercise of such power. What altern ative is then presented? In reply al low me to call your attention for a moment to the grave character of the course, which under a mistaken view of your own rights, you desire this Government to adopt. It is no less, than an invitation*, that she shall step forward to arrest the constitutional a^ts of an independent State, exer cised within her own limits, Should this be done, and Geoigia persist in the maintainance of her rights, and her authority, the conseqieuccs might be, that the act would prove injurious to us, and in all probability ruinous to. you. The sword might he looked to as the arbiter in such an interference. —But this can never he done. The President cannot, and will not, be guile you with such an expectation. I’lie arms of this country can never he employed, to stay any State of this Union, from the exercis,e of those legitimate j owers which attich, and belong to their sovereign character. An interference to tiie exteit of af fording you protection, and he occu pancy of your soil is what isdemand- ed of the justice of this comtry and will not be withheld; yet n doing this, the right of permitting toy on the enjoyment of a separate government, within the limits of a State; and of denying the exercise of sovereigity to that State within her own limits, can not be admitted;—It is not within the range of powers granted by the States to the General Government,and there fore not within its competency to be exercised. In this view of the circumstances connected with your application, it be comes proper to remark that no re medy can he perceived, except that which frequently, heretofore has been submitted for your consideration, a removal beyond the Mississippi, where, alone, can be assured to you protection and peace. It must be ob vious to you, and the President has instructed me to bring it to your can did and serious consideration, that to continue where you are, within the territorial limits of an independent State can promise you nothing hut in terruption and disquietude. Beyond the Mississippi your prospects will be different. There you will find no con flicting interests. The United States’ power, and soverignty, uncontrolled by the high authority of Slate juris diction, and resting on its own ener gies, will he able to say to you, in the language of your own nation, the soil shall be yours while the trees grow, or the streams run. But situated where you now aie, lie cannot hold to you such language, or consent to be guile you, by inspiring in your bosoms hopes and expectations, which can not be realized—Justice and friendly feelings cherished towards oc.r red brothers of the forest, demand that in all our intercourse, frankness should be maintained. The President desires me to say, that tlie feelings entertained by him towards your people, are jf the most friendly kind; and that in the inter course heretofore, in past times, so frequently had with the Cliiels of your nation, he failed not to warn tli^in of the consequences, which would re sult to them from residing within the limits of sovereign States. He holds to them, now, no other language, than that which lie has heretofore employ ed; and in doing so, feels convinced that he is pointing out that course which humanity and a just regard for the interest of the Indian will be found to sanction.' In the view entertained by him of this important matter, there is but a single alternative, to yield to the operation of those laws, which Georgia claims, and has a right to extend throughout her own limits, or to remove, and by associating with your brothers beyond the Mississippi, to become again united as one nation, carrying along with you that protec tion, which, there situated, it will be in the power of the government to extend.—The Indians being thus brought together at a distance from their white brothers, will be relieved from very many of those interruptions which, situated as they are at pre sent, are without remedy. The gov ernment of the United Stales will then be able to exercise over them a paternal, and superintending care to happier advantage; to stay encroach ments, and preserve them in peace and amity with each other: while with the aid of schools a hope may be indulged, that ere long industry and refinement will take the place of those wandering habits now so peculiar to the Indian character, the tendency of which is to impede them in their march to civilization. Respecting the intrusions on your lands, submitted also for considera tion, it is sufficient to remark, that of these the Department had already been advised, and instructions have been forwarded to the Agent of the Cherokees, directing him to cause their removal; and it is earnestly hoped, that on this matter, all cause for future cCmplaifit Will cease, and the order prove effectual. With great respect, your friend, Signed, JOHN H. EATON. The Cherokees and Choctaws were as really Indiana, thirty years ago, as any on our borders. They ware ot the same materials with other Indians, had the same dispositions—the same habits—the same superstitions;—were exposed to the same corrupting influ ences, frauds and impositions from the whites.- A mighty change has been effected aifltmg them by some means. They now present the grand spectacle of a people rising up from ruin and intellectual degradation, throwing aside the rude manners and the dis tinctive traits of their original char acter, and embracing those of enlight ened anJ Christian society—There has never been a time since the first efforts were made for introducing civilization among the Aborigines, when complete success was thus hope ful.. Wc rejoice at what is doing.—In telligence of Success at the stations among the Indians, will be hailed by all Christians with peculiar joy. It is believed that they have been 6adly overlooked,, and that they never have received that share in the distribu tion of missionary labor which ought to have been bestowed on them. If to any nation the American Christian or the American churches owe a debt of gratitute, and are under peculiar obligations, it is to the dying remnant of our Indian tribes. To almost eve ry one, there is a deep, perhaps it may be a romantic interest attaching to them. A century hence, much more than now, it is believed, they will be regarded as a deeply injured and a deeply interesting people. Most countries of the Eastern world abound with many relics of an- tiquity—with many visible ruins com memorative of human thought and humrtn action. With us the case is different. We have among us one, and but one monument of antiquity; and this is emphatically a living ruin. The few lemains of the Indian tribes are to this country, what the broken column and 1 lie falling cloisters are to Europe; and the hand of time has not been more destructive to these remains of human art, than have been the relentless cruelty and avarice of the United States to these simple children of nature. They have been driven back from the home of their fathers, and repeatedly forced from all that was dear to them in life; they are now scattered upon the borders of our continent like the splinters of a wreck upon the billowy ocean. Vis. Tel. Cherokee Indians.—The lost Ma con Messenger says, a report is in circulation in this place, founded on a letter from a resident in the Chero kee Nation, that they have come to the conclusion to sell their lands and emigrate; and that they will remain no longer than the present Summer. We do not understand what steps they have taken, if any, further than the resolution; but think there is rea son to give some credit to the inform ation.— Sav. Geor. [7’/ie above is not true.] WEDNESDAY, JUNE 17,1829. From the documents which we this day lay before our readers, there is not a doubt of the kind of policy, which the present ad- ministratiqlPof the General Government intends to pursue relative to the Indians. President Jackson has, as a neighboring editor remarks, “recognized the doctrine contended for by Georgia in its full extent.” It is to be regretted that we were not unde ceived long ago, while we were hunters and in our savage state. It appears now, from the communication of the Secretary of War to the Cherokee Delegation, that the illus trious Washington, Jefferson, Madison and Monroe were only tantalizing us, when they encouraged us in the pursuit of agri culture and Government, and when they afforded us the protection of the United States, by which we have been preserved to this present time as a nation. Why were we not told long ago, that we could not be permitted to establish a gevernment within the limits of any state? then we could have borne disappointment much easier than now. The pretext for Geor gia to extend her jurisdiction over the Cherokees has always existed. The Cher- okccs have always had a government of their own. Nothing, however, wa9 said when wc were governed by savage laws, when the abominable law of retaliation carried death in our midst, when it was a lawful act to shed the blood of a person charged with witchcraft, when a brother could kill a brother with impunity, or an in nocent man tufferfor an offending relative. At that time it might have been a matter of charity to have extended over us the mantle of Christian laws &. regulations. But how happens it now', after being fostered by the U. States, 4* advised by great and good men to establish a government of regular law; when the aid and protection of the. Gener al Government have been pledged to us; whenwc, as dutiful “children” of the Pres ident, have followed his instructions and advice, and have established for ourselvrs a government of regular law; when every thing looks so promising around us, that a storm is raised by the extension of tyranni cal and unchristian laws, which threat ens to blast all our rising hopes and expect ations? There is, as would naturally he suppos ed, a great rejoicing in Georg a. It is a time of “important news”—“gratifying in telligence ”— 1 “The Cherokee lands are to be obtained speedily.” It is even reported that the Cherokees have come to the con clusion to sell, and move off to the west «f thfe Mississippi—not so fast. We are yet at our homes, at our peaceful firesides, (ex cept those contiguous to Sandtown, Carroll, &.c.) attending to our farms and useful oc cupations. We had concluded to give our readers fully our thoughts on the subject, which we, in the above remarks, have merely in troduced,but upon reflection St remember ing our promise, that we will be moderate, we have suppressed ourselves, and have withheld, what w r e had intended should oc cupy our editorial column. We do not wish,by any means,unnecessarily to excite the minds of the Cherokees. To our home readers we submit the subject without any special comment. They will judge for themselves. To our distant readers, who may wish to know how we feel under pres ent circumstances, we recommend tke(me- morial, the leading article in our present number. We believe it justly contains the views of the nation. GREAT EARTHQUAKE IN SPAIN. An Earthquake was felt on the 21st March at Madrid, and many other parts of Spain. In the pro vince of Murcia it occasioned the most afflictive disasters. The fol lowing is an abstract of Letters to the 27th of March. Murcia, capital of the province— Not a single church or edifice that has not been considerably damaged. The bridge of Segura which unites the two parts' of,the city, has suffered materially. Several houses have been ruined, and a great number of persons perished. Carthagena—The quarter of Ser- rath has been ruined. Saint Fulgeneia disappeared. Rojales, La Granga, Cox, San Miguel, Colosa, and several other cities and villages, have suffered a great deal of injury. La Mata is a heap of ruins; the earthquake has dried up two salt lakes. Torre-Vejo—Not a single house is standing—the town a heap of ruins— the number of killed and wounded is very great—200 bodies have already been dug cut. Orihuela—Some edifices have fal len; the number of deaths here is but seven, the whole population is in the fields. Giardamar is no longer in exist ence; two wind mills only are stand ing, the village having entirely disap peared. Maajda, and several other villages in the vicinity, have sustained great injury. Rafal—This village has been de stroyed; the number killed and wounded is immense. Aix-Garres—Several houses have tumbled; and a mountain near the town has rolled away, and several in dividuals have perished. Benejuzar—The greater part of the houses have fallen; the number of wounded is considerable, and the killed amount to 250. Almoravi—Not a single house or edifice remaining on this foundation. Already 400 persons have been taken dead from the ruins, besides a large number of wounded. The earthquake of the- 21?t was accompanied by a tremendous noise. Travellers observed at the moment of the shock a column of lire proceeding from the eastern coast of Murcia. Nor have the shocks ceased over since the 21st in that province,. and further evils were expe<S ed. The number of dead is incalcula ble. After four hundred bodies had been dug out of the ruins of Almoravi, seventy more were found. Mineral springs have been removed to the dis- tanoe of six miles from the place where their sources originally were. The river Segura, which flowed through the city of Murcia, half changed its course and its mouth. Four great craters are opened aft Benjuzar, and emit lava and infect tious exalalions. Two other craters open at the place where Torrevjahj. was built, & pour forth torrents of foetid water. The King has taken measures to succour the victims of this disaster. He has ordered all tft©' revenues of the province of Murcia* to be employed in relieving the per-*" sons whom this misfortune has re duced to misery. It is said also that" 80,000 francs, the produce of the sale of oil, have been destined for the same purpose. .Military.—The two Companies of the 4th Regiment of U. S. Artillery under command of Col. M’Rea, which have been heretofore stationed at this post, in compliance with orders from the Department of War, will proceed to Augusta in the Steamboat Carolina on Monday. This move-’ ment is not only intended probably as a healthful change, for the summer; but Augusta may be considered a more convenient station, in case of any ne cessity which may possibly exist for the assistance of the troops in carying into 'effect the laws of the State of Georgia with reference to the Chero* kees.—Savannah Georgian. A detachment of thirty Recruits of the United States army, enlisted at Greenville, S. C. and the adjoining district of Spartanburgh, by Captain Butler, left the former on the 13th for Fort Mitchel, Alabama, to com plete a company of the 4th Regiment of Infantry stationed at that place, and it is presumed, with a view of facil itating the movements of the emigra ting Creek Indians West of the Mis* sissippi. — Sav. Georgian, Steum boat Casualties.—'The number of steam-boat accidents, during the pres ent season, has been almost unparal leled—from what causes we aro unable to determine. The following is the most complete list of losses and damages, that v. e have been able to procure: The Columbus—near the mouth of the Ohio: boat and cargo enlirely lost. The Illinois—between the mouth of the Ghio and St. Louis: boat and car go entirely.lost. The Pilot—in the Mississippi, above the mouth of the Ohio. The Montezuma—a few mile6 below Helena: boat and a greater part of the cargo, entirely lost.— 'Pile Decatur—entirely lost. The Muskingum—lost on Red River.— The Natchez—at the mouth of False River. The Belle Creole—entirely lost. The Hercules—run down by a brig below New-Orleans, and entirely lost. The General Carrol—recently run in contact with the Diana, and sunk in fifteen minutes;— : —hundred miles below Louisville: boat and car go entirely lost. The catalogue of partial losses, is too extensive for detailed account. Some* of the most serious are, the Talma, Hilerna, Pat riot, Brandywine, Florida. The Tal ma was discovered to be on fire, with one hundred and fifty kegs of powder on board of her. *She was scuttled and sunk before the flames reached it* Since raised.—Matches Ariel. Imagination.—The following case 'lately occurred, under the care of M. Maury, at the hospital of St. Lou is:—A young man from the country, a labourer, imagined that he had swal lowed a young snake in a glass of water. “It is five years (said lie) since the accident occurred, since which time the animal has not ceased to grow. It has now attained an enor mous size, and produces great incon venience, constantly in motion, it tra verses the belly, mounts into the chest, & somtimes rises up to the left eye, when I have a distinct perception of its size and color. Sometimes its movements are so violent and painful, that I am obliged to constrain them, by seizing and squeezing it through the parietes of the abdomen.” The patient described a variety of cir cumstances connected with his inter nal enemy, and appealed to the by standers whether they did not hear