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€WMmm>WMM PSMENIX, AEM INMANS 5 A1¥©€ATE.
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PRINTEII THE;,PATRONAGE, AND FOIt THE BENEFIT OF THE CHEROKEE NATION, AND DEVOTED TO TIIE CAUSE OF JNDIANS.—E. ECl’DIKCTT, EDITOR.
, II.
EfBW EOKOTA, WEDNESDAY SEPTEX€BEB 16, 1829.
Mi), ieq.
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U.IR DOJ^I-i/M.
AGENTS FOR THE CHEROKEE
IMICEN1X.
The follovUng persons arc authorized to
receive subscriptions and payments for the
Cherokee Phucnix.
Messrs. PfiincE h Williams, No. 20
Market St. Boston, Mass.
Gsohoe M.iTnACY, Ageat of the A. B.
C. F. M. New York.
Rev. A. D. Eddy, Canandaigua, N. Y.
Thomas Hastings, Utica, N. Y.
Pollard & Cokv£;isf!> Richmond, Va.
R'* ,r . James Campbell, Beaufort, S'. C.
William Moultuie Reid, Charleston,
fi. C.
Col. George Smith, Statesville, W. T,
WilltIm M. Combs, Nashville, Ten.
Rev.-Benn'rt Roberts, Pownl, Me.
, ; jitr. Tnos,. R. Gold, (an itinerant Gen
tleman.) . ". .. . •••,-» ,t. •;
Jeremiah Am-,til, Mobile, Ala.
Rev. C vru<> Kingsbury, Mayhew'i Cjlioc-
fcaw Nation.
, C-’.pt, William Rolertson, Augusta,
Georgia.
Col. James Turk, Bclltffbnte, Ala.
From tile National Intelligencer.'
ilIF.SF.NT CRISIS IN TIIE CONDITION OF
TIIE AMERICAN INDIANS.—NO. I.
Gentlemen—Every careful observ
er of public affairs must have seen,
that a crisis has been rapidly ap
proaching,, for several years past, in
reference to the condition, relations,
tuul prospects of the Indian tribes, in
the south-western parts of the United
plates, The attention of many of our
most intelligent citizens has been fix-
qd upon the subject with great inter
est. Many others are beginning to in
quire.. Several public documents
which have recently appeared in the
newspapers, serve to awaken curiosi
ty aiid to provoke investigation.
Still, however, the mass of the
community possess but very little in
formation on the subject; and, even
among the best informed, scarcely a
man cau bo found, who is thoroughly
acquainted with the questions at issue.
Vague-and inconsistent opinions arc a-
broad; and however desirous the peo
ple may be ,of coming at the truth, the
sources of knowledge are not general
ly accessible. Some persons think
that the Indians have a perfect right
to the lands which they occupy, ex
cept so far as their original right lias
been modified by treaties fairly made,
tmil fully understood at the time of
signing. But liow far such a modifi
cation may have taken place, or
whether it has taken place at all,
these persons admit themselves to be
ignorant. Others pretend, that In
dians have no other right to thfcir lands,
than that of a tcnajit at, will; that is,
thV) right of remaining where they are,
till the owners of the laud shall re
quire them to remove. It is needless
to say, that, in the estimation of such
persons, the owners of the lands are
the white neighbors of the Indians.—
Some people arc puzzled by what is
supposed to he a collision between
the powers of the general government
and the claims of particular States.—
Others do not sec that there is any
hardship in bringing the Indians under
(lie laws of the Slates, in the neigh
borhood of which they live; or, as
the phrase is, within the limits of
which they live. Some consider
it the greatest kindness that can
bo done to" the Indians to remove
them, evert without their consent and
against their will, to a country where,
as is supposed, they will be in a con
dition more favorable to their happi
ness. O.hcrs think, that if they are
compelled to remove, their circum
stances will be in all respects worse
than at present, and that, suffering
under a deep sense of injury, and con
sidering themselves crushed by the
strong arm of physical force, they will
become utterly dispirited, and sink
rapidly to the lowest degradation and
to final extinction. So great a diver
sity of opinion is principally owing to
want of correct information. It is
my intention, Messrs. Editors, to fur
nish, in a few numbors of moderate
length, snch materials, ns will enable
every dispassionate and disinterested
man to determine where the right of
the case is.
In the mean lime, T would observe,
that the people of the United States
owe it to themselves, and to mankind,
to fotm a correct judgment in this mat
ter. The questions have forced them
selves up >n us, as a nation:—What is
to become cf the Indians? Have they
any rights? If they have, What are
these rights? and how are they to be
secured? These questions must re
ceive a practical answer; and that
very soon. What the answer shall
he, is a subject of the deepest concern
to the country.
The number of individuals to he
nffeeJed by the course now to be pur
sued, is very great. It is computed,
that there are within our national lim
its more than 300.000 Indians; some
say 500,000; and, in the south-wes
tern States, the tribes whose imme
diate . removal is in contemplation,
have an aggregate population of more
than GO,000. The interests of all
these people are implicated, in any
measure to be taken respecting them.
The character cf our government,
and of our country, may be deeply in
volved. Most certainly an indelible
stigma will be fixed upon us, if, in the
plenitude of our power, and in the
pride of our superiority, we shall be
guilty of manifest injustice to our
weak and defenceless neighbors.—
There arc persons among us, not ig
norant, nor prejudiced, nor under the
bias of private interest, who seriously
apprehend that there is danger of our
national character being most unhap
pily affected, before the subject shall
be fairly iU test. If these individuals
are misled by an erroneous view of
facts, or by the adoption of false prin
ciples, a free discussion will relieve
their minds. .
It should be remembered, by our
rulers as Well as others, that this con
troversy (for it lias assumed the form
of a regular controversy) will ulti
mately be well understood by the
whole civilized world. No subject,
not even war, nor slavery, nor the na
ture of free institutions, will bo more
thoroughly canvassed. The voice of
mankind will be pronounced upon it;
a voice, which will not he drowned
by the clamor of ephemeral parties,
nor silenced by the paltry considera
tions of private interest. Such men
ns the Baron Humboldt and the l)uc
de Broglie, on the continent of Europe,
and a host of other statesmen, and
orators, and powerful writers, there
and in Great Britain, will not be great-*
ly influenced, in decidirtg. a grav^
question of public morality, by the ex
citements of an election, or the selfish
views of some little portions of f *l»e
American community. Any couise
of measures in regard to the Indians,
which is clearly fair, and generous,
and benevolent, will command life
warm and decided approbation of in
telligent men, not only in the preseit
ago, but in all succeeding times.
And with equal confidence it may be
said, if, in the language of Mr. Jeffer
son, the people of the United States
should “feel power, and forget right;”
if they should resemble a powerful'
man, who, abounding in wealth ofevey
ry kind, and assuming the office (jt
law-giver and judge, first declares
himself to be the owner of his poor
neighbor’s little farm, and then ejects
the same neighbor as a troublesome
incumbrance; if, with land enough,
now in the undisputed possession of
the whites, to sustain ten times our
present population, we should compel
the remnants of tribes Ho leave the
places which", received ly inheritance
from their fathers and never alienated,
they have long regarded as their per
manent homes; if, when asked to ex
plain the treaties, whim we first pro
posed, then solemnly Executed, and
have many times ratified, we slam
mer, and prevaricate, (ind finish by
stultifying, not merely ourselves, but
the ablest and wisest statesmen, whom
our country has yet produced: and if,
in pursuance of a narrow and selfish
policy, we should at this day, in a
time of profound peace and great na
tional prosperity, amidst all our pro
fessions of magnanimity and benevo
lence, and in (lie blazing light of the
nineteenth century, deice away these
remnants of tribes, in such a manner,
and under such auspices, as to ensure
destruction; if all this should hereaf
ter appear to be a fair statement ol'
the case; then the sentence of an in
dignant world will be uttered in thun
ders, which will roll and reverberate
for ages after (be present actors in
human affairs shall have passed away.
If (be people of the United States will
imitate the ruler who coveted Na
both’s vineyard, the world will assu
redly place them by the side of Na
both’s oppres or. Impartial history
will not ask them whether they will
feci gratified arid honored by such an
association. Their consent to the ar
rangement will not beneeessaiy. The
motions of the earth in Us orbit are
not more certain.
It has been truly said, that the
character which a nation sustains, in
its intercourse with a great communi
ty of nations, is of more value than
any other of its public possessions.—-
Our diplomatic agents have uniformly
declared, during the whole period of
our national history, in their discus
sions with the agents of foreign po w
ers, that we offer to others the same
justice which we ask from them.—
And though, in times of national ani
mosity, or when the interests of dif
ferent communities clash with each
other, there will be iruituai reproach
es and rccrimiiirilion?, and every na
tion will, in its turn, be charged with
unfairness or iijustice, still, among
nations, as among individuals, theie is
a difference between the precious and
the vile; find that nation will undoubt
edly, in the long course of years, be
most prosperous and most respected,
which most sedulously cherishes a
character for fair dealing, and even
generosity, in all its transactions.
There is a higher consideration
■tilt The great Arbiter of nations
never fails to lake cognizance of na
tional delinquencies. No sophistry
can elude his scrutiny; no array of
platjsible arguments, or of smooth, hut
hollow’ professiens, can bias his judg
ment; and he lips at his disposal most
abundant meant of executing his de
cisions. He ha$, in many forms, mid
with awful solemnity, declared his
abhorrence of oppression in every
shape; and especially of injustice per
petrated against the weak by the
strong, when strength is in fact made
the only rule of action. The people
of the United Stales are not altogeth
er guiltless, in regard to their treat
ment of the aborigines of this contin
ent; but they cannot as yet be charg
ed with any systematic legislation on
this subject, inconsistent with the
plainest principles of moral honesty.
At least, l am not aware of any proof
by which such a charge could be sus
tained. Nor do I, in these prelimina
ry remarks, attempt to characterize
measures now in contemplation. But
it is very clear, that our government
and our people should' be extremely
cautious, lest, in judging between our
selves and llie Indians, and carrying
our own judgment into effect w ith a
strong hand, wc incur the displeasure
of the Most High. Some very judi
cious and considerate men in our
country think that our public function
aries should slop where they are;
that, in the first place, we should
humble ourselves before God and the
world, that we have done so much to
destroy the Indians, and so little to
save them; and that, before another
step is taken, there should' he (he
most thorough deliberation, oa the
part of all our constituted authorities,
lest w’c act in such a manner as to ex
pose ourselves to the judgments .of
Heaven.
I would have omitted this topic, if
I could suppose that a majority of
readers would regard its introduction
as a matter of course, or ns no affec
tation of rhetorical embellishment.—
In my delibeiate opinion, it is more
important, and should be more heed
ed, than all other considerations relat
ing to the subject; and the people of
the United States will (ind it so, if
they should unhappily think themselves
above the obligation to “do justly,
love mercy, and walk humbly with
their God.”
I close this introductory number, by
stating what seems to be the present
controversy between the whites and
the Indian tribes of the south-western
States: I say the whiles, (that is our
country generally,) because certain
positions are taken by the government
of the United States, and ceitain
claims are made by the State of
Georgia, and certain other claims by
the States of Alabama and Mississip
pi. The Indians do not admit the va
lidity of any of these positions or
claims; and if they have a perfect o-
riginal title to the lands they occupy,
which title they have never forfeited
nor alienated, their rights cannot be
affected by the charters of Kings, nor
by the acts of provincial Legislatures,
nor by the compacts of neighboring
States, nor by the mandates ol the
Executive branch of our national go
vernment.
The simple question is: “Have the
Indian tribes, residing as separate
communities in the neighborhood of
the Whites, n permanent title to the
territory, which they inherited from
their fathers, which they have neither
forfeited nor sold, and which they now
occupy?”
For the examination of this ques
tion, let the,case of a single tribe or
nation be considered; for nearly the
same principles are involved in the
claims of all the IudRrti nations
The Cherokees contend that their
nation lias been in possession of their
present territory from time immemo
rial; that neither the King ol Great
Britain, nor the early settlers of Geor
gia, nor the State of Georgia, alter
the revolution, nor the United States
since the adoption of their constitu
tion, have acquired any title to the
soil, or any sovereignty over tho ter
ritory, and that the titlo to the soil
and sovereignty over the territory
have been repeatedly guaranteed
to the Cherokees, ns a nation, by
the United States, in treaties which
are now binding on both parties.
The government of the United Slates
alleges, as appears by a letter from
the Secretary of War, dated April 18,
1529, that Great Britain, previous to
tho revolution, “churned entire sove
reignly within the limits of what con
stituted the thirteen United States;
that alilhe rights of sovereignty which
Great Britain had within said Stales-
became vested in said .States res
pectively,. as a consequence of the
Declaration of Independence, and the
treaty of 1783;” Himt the Cherokees
were merely “permitted to reside on
their lands by the United States; that
this permission is not to be construed
so as to deny to Georgia the exercise
of sovereignty; and that the United
States has no power to guarantee any
thing more than a right of possession,
till the Stale of Georgia should see tit
to legislate for the Cherokees, and
dispose of them as she should judge
expedient, without any control Ironi
the gcneial government.”
This is a summary of the positions
taken by the Secretary of War; and,
t,bough not aH of them expressed in
bis own language, they are in strict
accordance with the tenor of his let*
ter.
In my next number, I shall proceed
to inquire—“What right have the
Cherokees to the lands which they
occupy?”
In the mean time, permit me to uSrf'
the signature of that upright legisla#
tor and distinguished philanthropist,
WILLIAM PENNi
From tlw New York Observer
THE INDIANS.
We invite the attention of out rend"
ers to tho article on our last page ref
lalitig to the Indians. The Writer iri
evidently well acquainted with- his
subject and well able to do it justice,
if tiie future numbers of the serine
should be what we ante ipate, We shall
transfer them regularly to our co*
lumns, (hat our readers may bo coin'd
thoroughly acquainted with the whole
argument, h is a subject of imfnersC
interest, not only as connected with
tbf welfare of the Indians, but in its
bearing upon the character of cur c il*
izens and our government. Let net
the Georgians, let not the government
of the United Stages, dream that they
can drive these poor people from tliciit
country, or gull them into the belief
that it is not theirs, and that such in
iquity can he bid. The eyes of the
nation, the eyes cf (lie civilized world
arc upon them. The Indian has a
friend in the heart of every honest
man, and if he is made to suffer, the
voice of millions will utter the cry of
indignation, and call down the vem
ger.noe of Heaven upon the oppressor,
Wc do not intend here to anticipate
the argument of the essays, but the
great points of the case arc perfectly
clear and they ought to lip Vcpt con*
stoutly in view. We then,
1. It is clear that 259 years ago,
the Indians were in the undisputed
possession of (he whole territory now
included within the limits of the Unit
ed Slates—that tliev had the right of
sovereignty—and the power to defend
their lights—and every thing else ne
cessary to constitute a complete and
perfect title to the country.
2. It is clear llrt the Cherokees
and the other southern tribes have
now all the rights which they ever had,
except those which they have volim L
taiilv surrendered.
The claim recently set up bv the
Georgians, that these (lilies forfeited
their country on account of the part
which they took in the Revolutionary
war, and lliat they have ever smed
been tenants at will, liable to he or
dered off at a moment’s warning, is
too extravagant, too ridiculous, to re*
quire serious refutation. To say no
thing of its ini rinsie absurdity, it is
enough that the Indians never so un
derstood 1 lie matter, and lliat the
Georgians know that the Indians nev
er understood it so. What ever may
he the language of any treaty, there
fore, (and there is none w hich can he
tortured into any thing like this,) it is
impudent, it is knavish to urge 6iich 9
claim.
3. Tt is clear that when the tndianj
were In power they treated the white
man kindly.
Columbus relates in l.io first vrflj