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owy JcTJFO
CtiLEROREE PIME^TX, All INMANS’ AiDTOCATE
PRINTED UNDEH 'iSi PATftOKAGE, AND FOR THE BENEFIT OF THE CHEROKEE NATION, AND DEVOTED TO THE CAUSE OF INDIANS J . LCl DIKCTT, 1IHTCJR.
VOL. II.
printed weekly by
JOHN F. WHEELER,
At $2 50 if paid in advance, $3 in si?,
months, or $S 50 if paid at the end of tin
y ear.
To subscribers who can read only Hie
Dherokee language the price will be $2,00
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year.
Every subscription will be considered a
continued unless subscribers give notice to
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new year,and all arrearages paid.'
Any person procuring six subscribers,
and becoming responsible for tInpayment,
shall receive a seventh gratis.
Advertisements will he inserted at seven
ty-live cents per square for the first inser
tion, and thirty-seven and a liali cent3 for
each continuance; longer ones in propor
tion. ,
•CPAll letters addressed to the Editor,
post paid, will receive due attention.
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Cherokee delegation, of the ISth of 1 gin is condemned, and its pretension:
April last, indicate a departure from pointedly rebuked. The federal ■ on
AGENTS FOIL THE CHEROKEE
PHCEN1X.
The following person;- are authorized to
i-iiVciv? subscriptions and payments for the
Cherokee Pb.mtix,
Messrs. Pmucvs & Williams, No. 20
Market tit. Bo-{On, ltlass.
George M. Tracy, Age it of the A. B.
C. F. M. New Y’ork.
E"v. A. I). Eddy, Canandaigua, N. Y.
Thomas Hastings, Utica, Ni Y.
Poio.au d & Converse, Richmond, Va.
IW. .James Campbell, B-anfort, S. C.
William Moultrie Reid, ChaTeston,
S. C.
Col. George Smith, Statesville, YV . r I.
Wilt.'am M. Combs, Nashville, Ten.
Rev. Bek net Rom: its, Powal, Hr.
Mr. Tuos. R. Gold, (an itinerant Gen
tleman.)
Jeremiah Austil, Mobile, Ala.
Rev. Cyrus Kingsbury, Mayhew, Choc
taw Nation.
Capt. William Robertson, Augusta;
Georgia.
Col. James Turk, Dellcfciito, Ala.
PiTKvst/yjc.tsirwiT ..u- t*s*rru3.jhmt
INDIANS*
THE CHEROKEE INDIANS.
[Concluded.]
Such is the spectacle now present
ed by the Cherokee nation. It re
flects honor on the past policy of the
government, and affords irrefragable
proof of the sincerity of its intentions
towards the aboriginals and a conclu
sive answer to the charge of cruelty
and grasping cupidity in its transactions
with them. When the British Quar
terly accuses our government of de
ceptive attempts “to preserve appear
ances by fraudulent and compulsory
purchases of land,” and states to
Christendom (as it lately did, No. 61)
ihat “it has always been the boast of
American policy, that the Indian shall
be made to vanish before civilization, as
the snowmelts before the sunbeam.” we
can appeal to this tribe for a refuta
tion of the-charge. Here we can say
exists a community of aboriginals, en
joying the light ot Christianity, and
fast advancing, under the protection of
the republic, to an equality with the
white race in civilisation.
Here is the evidence on which we
rely for a refutation of the calumny,
and while it exists, it will afford the
proudest evidence of the beneficent
spirit of the government, of an unstain
ed national character, and ol the pow
er of civilization.
Whether this testimony is to re
main in the archives of the country,
among the title deeds and evidences
of national character, which were
handed over by the late administration
to its successors, seems now to he a
question. The talk of Gen. Jackson
to the Creeks, of March 23d and the
letter of the Secretary of War to the
the ancient policy of the government.
They are in a different strain from
those hitherto presented, but whether
in a loftier, a nobler, or even in a fair
er strain, is a question now to he ex
amined. The President, in his talk,
tells the Creeks that they must re
move, because “you and my white
children are too near each other to live
in harmony and peace.” This is a
short and emphatic way of solving .the
difficulty. It is indeed a “straight
talk,” and comes to the point with
military directness.
With the Cherokees, however, the
Administration is more argumentative,
and certain principles and statements
are appealed to, in order to justify
this departure from its ancient policy.
The Secretary places it on the ground
that, in the revolutionary war, t ie
Cherokees were allies of Great Bri
tain-, and that the treaty of Hopewell,
by which they were received into the
favor of the United States, only allot
ted to them certain territory as hunt
ing grounds; that, upon the acquisi
tion of independence all the rights of
Great Britain became vested in the
original states of this Union, including
North Carolina and Georgia; and that
those states never relinquished the
rights of sovereignty and jurisdiction
over (lie soil to the Union, and conse
quently may now exercise those rights,
notwithstanding any'treaty made by
the federal government; that the
guarantee given by the United Slates
tirnt such guarantee was
iven is only a matter of infer-
curet was not adverse to 1 the sove
reignty of Georgia, because the Unit-
eel Stales had not the power to give
snob guarantee. It would not be too
strong to say that these assumptions
•md statements are generally unfound
ed, and evince an entire want of know
ledge of our Italian relations; but, as
we seek truth rather than victory,
and to inform 1 lie public, so that its
opinion may have its proper and legit
imate effect, we shall present a con
cise statement of these relations from
official sources.
It is true, as the Secretary has
stated, that the Cherokees were hos
tile to the United States in the Revo
lution. and tiiat, by the treaty of Hope-
well, the boundary of the lands “al
lotted for their hunting grounds” were
marked out. It. is also true, (although
not staled) that by the same treaty it
was agreed, that il a citizen of the
United States attempted to settle; on
those lands, he might be punished by
the Indians according to Hlieir own
laws; and by the 12th article il was
provided, that the Indians should have
[ (although
ever giver
slit at ion was finally adopted, and i :
that instrument provisions were insert
ed with the view of obviating the pro
vious difficulties. The treaty-makin
power wes vested in the President
and Senate, and the States were pro
hibited from entering into any treat;,
of any description; and the limit at io.
contained in the old articles of confed
eration on the power of Congress to:
regulating Indian affairs, viz: “provid
ed'that the legislative right of any
State within its own limits, should not
be infringed or violated,” was omUt, u
This change was designedly made,
in order to prevent collisions between
the Stale and National authorities, in
relation to the Indians, which had triv
en place under the old Constitutin'.'.—
The Federal government was no.v in
vested with the exclusive power to
regulate commerce with the Indians,
and of making treaties with them; and
also, of repelling l heir hostile encroach
ments.
To this constitution, Georgia be
came a parly; and thereby reliuqqish-
cd all right of interfering with Indian
affairs. The general government pro
ceeded to establish friendly relations
with the Cherokees, who, with the
Creeks, had been driven into a war
with the wliites,l)y the conduct of Geo.
In 1791, a treaty was con rinded a'
Hols ton between the Uniled Stales
and the Cherokees, by which the
boundary l ; ne was established, and
the Cherokee claim to the laud, east
and south of the line extinguished.
| The 7lh article of that treaty is as
follows:—
“The Uniled States solemnly guar
antee to the Cherokee nation, all their
land not hereby ceded.”
It was further stipulated, that all
citizens settling on the Cherokee land,
should forfeit I ho protect ion ot the
United States; and that any citizen of
the United States, committing any of
fence within the Cherokee territory,
should he punished as if the s’ine had
been commit ted Yin the jurisdiction
cj the State or Distri'd to v hi -h he may
belong, against a cil-zen thereof.”
Provisions were also made for the
improvement of the eo-Gition of the
tribe, and that they “may he led to a
greater degree of ci /.alien and to
r eleascd the United States from no
obligations to third parties. It only
leclared the boundary line between
die public territory, and that leriito-
•y which was thereafter to constitute
die State of Georgia. Previous to
that agreement, the western limits of
Lliat state had been the subject oi" tiis-
j,)Ut.e, Georgia claimed to extend its
.western boundary to the Mississippi:
he United Stales claimed, as public
territory all west ol' the Oemuigeo
/liver. According to the construction
given by the United States to the
charter of Georgia, its western boun
dary would have run through the j res
ent centre of that State; and all l)e-
tween that line and the Mississippi,
was turritory to which both pas-lies
laid claim. After much discussion,
these conflicting claims were settled
by the agreement of 1302.—Georgia
ceding to the United States -her right ^
title and claim to the jurisdiction and |
soil of the lands 1 west of her present ;
boundary; and the United States ced- j
i ig to Georgia their “claim, right and
title to the juiisdietiou or soil of any
lands ’east of that boundary. Il must
he home in mind, that in no other in-
stance, where the claims of the Unit
ed States and individual States to dis
puted territory were fettled, was it
thought necessary for the Uniled
; a
the right lo s.-nd a deputy of their
own choice, whenever they thought
lit, to Congress. This treaty was
made in the year 1785, under the old
j Confederation, when Congress lnd the
1 power of regulating trade, and man
aging all affairs with Indians, not nicin-
I bers of any State.” This tribe w ere
clearly not members of any Slate, and
of course, t lie management of their af
fairs fell under the jurisdiction of
Congress. Georgia, how ever, did not
adsent to this construction of the arti
cles of confederation. Although du
ring the fury of the contest, and while
dependant for existence upon the arms
and efforts of the Union, it remained
silent; no sooner was peace obtained,
than it sought to appropriate for its
separate benefit, the territory obtained
by the common effort of all; and set
up pretensions to interfere with the
Indian tribes, to which Congress was
compelled to oppose its high authority.
The opinion that was entertained of
the conduct of Georgia in this respect,
may he collected from the proceed
ings of Congress in the year 17S7,
particularly from a report dated Au
gust 3d, a resolution passed October
20th, and the instructions to the Com
missioners for negotiating a treaty
with the southern Indians.
In all these the conduct of Gcor-
become herdsmen and mBivotM-s. in
stead of remaining in a stale of hunt
ers.”
In 1798, a further cession of Ibriv
territory was made by the tieaty of
Tellico: and the United States, in (be
Glh article, agreed to “continue (be
guarantee of the remainder of their
country forv.vcr.”
Other treaties were subsequent!v
made, down to the year 181°. iW al
tering the relations established by
these treaties; but. on the contrary-
by a treaty made in 1817, the old
treaties were exuresslv con* rmnd.
These were the obligations which
the Uniled States had assumed. pre-
vinns to the agreement of 1892, with
Georgia:—a solemn guarantee of the
Cherokee lands forever to that nation,
and a promise to establish them as
cultivators of (hi? soil, and to promote
their civilization.
'Phe Federal Government now do*
dares this guarantee no longer bind
ing, and that the United States have
not the power to interfere lo prevent
their expulsion. The Cherokees have
not released them from their obliga
tion. They have committed no not
of hostility.” by which the treaties have
been annulled. On the contrary,
they have adhered to the United
States through good report and through
evil report: and when their blood has
been shed in battle, it was in the white
man’s cause.
How then is our pledge redeemed?
The agreement between the United
States and Georgia, of 1802, Joes not
touch the case. This was a comjfTt
to which the Indians did not assent. U
Slates to cede their claim to the
territory reserved by the Slate
as within its proper limits. The na
tional Government accepted the ces
sion and the title ol the State, to the
territory not ceded, became complete.
In the case of Georgia, however, it
wgs deemed essential, in order to vest
! in the State a good title to a part of
1 its present tenitory, comprehending
j that in dispute, for the. United States
to cede their right. This cession, of
course, comprehends no more than the
United States could give, viz: a title
encumbered will) all (heir obligations
to the Indian tribes occupying ihe ter
ritory ceded: and Georgia took it sub- j
ject to the guarantee of the U nited
States to the Cherokee nation.—
The guarantee was prior to the
agreement, and unless it be maintain
ed that the United States and Georgia
were competent to dispose ol the vest
ed rights of third parties, it must in
ter into the construction ot that agice
ment. The cautious limitation of the
obligation assumbd by the United
Stales to extinguish the Indian title,
east of the boundary, “when it could
he peaceablv obtained upon reasona
ble terms,” shows that this guarantee
entered into the contemplation of both,
parties, and that they looked only to a
voluntary cession. To this inode of
extinguishing the Indian title, and the
limitation of ils sovereignty, v.hif 1; the
prior obligations of the United Slates
imposed, Georgia expressly assented
by an a, t of its Legislature, declaring
the articles of cession lo l.e binding
and conclusive on the Slate, and its
citizens forever. Il now, however,
claims the right to remove the ( her-
okees by extending its sovereignty
over them. The citizens of Georgia
have become impatient of their long
and continued residence among them,
and they are clamorous for their re
moval. Their cupidity has been ex
cited am! their avarice inflamed, by
(he fair and promised land which they
occupy, mid they call aloud for its di
vision among them by a lottery. '1 he
spacious lerr lory which 1ms been so
lately ceded by the Creeks, has excit
ed, rather than satisfied their de
sire ;—-
HO. £0.
fraudulent treaty has bseu made, at
the instance amt under the direction
of the stave government, which ihd
late administration, sustained as it was;
in that particular, by public opinion,
refused to carry into effect. Finding
that they can neither persuade nor ca-
| jolc the Ulierokees into a cession, they
now attempt to intimidate them by
threatening to extent the jurisdiction
of the State over them.
In this at least there is nothing to
shock the moral sense of mankind.—-
The jurisdiction of Georgia! Surely
there can ho nothing here but an ex
tension of the benefits of civilization;
under the direction of a civilized le
gislature. The inhabitants of Europe
f and America who may feel solicitous
| for the aboriginal, can find here no
substantial violation of guarantees, no
disregard of national faith. It is but
an extension of the social and judicial
system of Georgia over the Cherokees.
The whole procedure is in the spirit
of benevolence, and forms only a part
of the national policy.
Such is the plausible appearance of
the outward aspect of this proposk.
lion; hut in reality il is a decree Ui
removal and expulsion. !t is mild
like the voice of Jacob; blit the bunds
are those of Esau. The jurisdiction
of Georgia is one thing to the whites;'
but another and an opposite thing to'
ali of a different complexion. To ti e
whites it speaks in lie spirit of the
common law, and secures to them’
freedom and equal privileges: to the
“As if increase of appetite had grown
Bv v>hat il led on;”—
and they demand the Cherokee coun
try, with ils cultivated fields, with the
view of further corrupting the people
of the State by another land lottery.—
This is the object at heart. This is the
real motive ol all this craving desire
to remove the aboriginals. or
years the state has been urging it on
the general governingnt, in a tone alike
discreditable to its humanity and pat
riotism. In.order to effect it, one
Indian it speaks in the language of pio-
scriplion, am! divesting him both o{
i ivil and political rights, degrades
him from theiiukof a freeman, to
the level of the disfranchised mulatto
and negro. "Without the privilege of
voting or of appearing in courts, either
as party, witness or juror, stripped
| entirely of his civil rights, and of his
I national character, he is placid at the
| mercy of a government maintaining in
I the face of heaven and man. such
J principles as have been disclosed in
i the official papers of that unfortunate
i state on this subject,
j This would indeed he commitlcre
as;nvm Ivpo.
It is not easy for a government to
divest itself ol all concern, for those
whose interests are committed to its
j (liaise. 'The worst governments
have always more or less of public
motive to excuse their poli-y: but
when a government lias two classes of
subjects, (lie one to enrich, and the
other to impoverish; when one be
comes the sole object ot its care, and
the other of ils rapacity, it is impos
sible to imagine a system of more un
mitigated oppression.
Unchecked by human feeling, and
with all its measures sanctioned by
motives of exj ediency and the public
weal, it deliberately proceeds to the
perpetration of acts, from which in
dividual wickedness would recoil with
horror.
Well may (lie general government
take it for granted, that the mitiga
tion of ti e Cherokee nation is the only
alternative. It is not, however, the
alternative: it is the inevitable lesult,,-
if they choose to remain in peace.—
With the high and exalted ideas en
tertained by (be Cherokees of their
national character, they never can
consent to he disfranchised and scat
tered like vagrants through the State’
relying for the protection, only, on the
tender mercies of their persecutors.
Better, at once, lo oppose themselves
to this systematic usurpation; and,
calling oil the United States for a
compliance with their guarantee, and
relying on the justice of their cause,
to resist, to the last, all invasions of
their country, and of their homes.—
They have every thing which can an
imate them to resist. On one side,
exile and extirpation, on the other,
their continuance as a civilized peo
ple. If they remove into the wil
derness, beyond the Mississippi, noth
ing human can preserve them from
the fate of other tribes, which liavO