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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 in advance, or $2,50 to be paid within tli year. Every subscription will be considered a continued unless subscribers give notice to the contrary before the commencement of a new year,and all arrearages paid.' Any person procuring six subscribers, and becoming responsible for tInpayment, shall receive a seventh gratis. Advertisements will he inserted at seven ty-live cents per square for the first inser tion, and thirty-seven and a liali cent3 for each continuance; longer ones in propor tion. , •CPAll letters addressed to the Editor, post paid, will receive due attention. G tV y J if J5 B 0" A A D IiSl J EAC J. AVTcfB.I TA.9D U-V* .IhifBAd I v 4ot.l. B0.AE .IliCJIiJoSy KTA D^I 1 CP0.IC.I I--* 36.1 TCTZ T£.U0 v J’ 5 D0J>5<9I*’(5D.J" TtVZ t 3 1’P Tc30"A Tli D&J«$J5f*'ot>..I, KV l)?sl CPOHHI DvJ/NoSEZ Til yiV D0.T.S3IV&JI, C-y.1T D.I3P O''0.11!a K-tu. ' Gtvyz OWE .IliOh.lMiy, WrW* H'f-1 0“0 IB-I I-4A>A r'MTTb TGTZ TK.W0-T’ DO" J,NA)EvJ5.I. KT.UZ D^P 0«yW’ OVIIV U.IR DO.Ho'ATsJv .! . HEW H0SIOTA, WUBM'ESBA.’ST AUteUiaT 19, 1S&9. si-y.irr.-mic m‘vmrm»'trr: bm—a ii iiiimb Mama —now ihmmmb a—— « »■ ■■■■■ ■ ■ 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