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■ (ItEKUKEE PHOENIX, AND INMANS’ ADVOCATE, —» ■ ■ —— ———— ' J - • ■ 1 ■■ 1 r1 *' ■ : — — - - ■*—< * -‘-r^ • PRINTED"'UNDER THE PATRONAGE, AND FOR THE BENEFIT OF THE CHEROKEE NATION, AND DEVOTED TO THE CAUSE OF 1ND1ANS.*mE, BOUDlACTT, EDITOR, ■ I . ri ■ 1 ■■ - - .i.-a'feBg-i , ■ Vi . - ~ I VOL. XX. HEW EOHOTA, WEDNESDAY SEPTEMBER 23,1829. 4 OH* rnix»P WRit*Ly tft JOHN F. WHEELER, At $2 50 if paid in advance, $3 in six onths, or $3 50 if paid at the end of the ear. To subscribers who can real only, the hirokee language the price will be 82,00 i advance, or 82,50 to be paid within the rear. Every subscription will be considered as ontinued unless subscribers give notice to lie-contrary before the commencement of a ew year,and all arrearages paid. Any person procuring six subscribers, id becoming responsible for the payment, iaU receive a seventh gratis. Advertisements will be inserted at seven- -live cem iier square fcrlhe ftet M* ion, an? thirty-seven and.? .half -cents for ac-h continuance*, longer, ones in propor-, ion* i. r tc3*AU letters addressed to the Edito& , losipaid | sion of it, so far as history and tradi tion go back. The nations of Europe are comparatively of recent origin; the commencement of ours is lost in remote aijtiquity.” What pan be said to such a state ment as this? Who can argue so plain a case? It has been said, indeed, that the savage of the wildeniess.can acquire S ' ‘e to the forests through which* Mites his game, Without ad- giuis doctrine,. it- Is sufficient to reply ' to the l »wy s VOAVEmU ,TAAr» JIitfBA.*'I-4o?lCL VO Jit j,hVhJLAy KTJl D$P O’OJBJt 4^.1 TGEZ TEJWHF* *r<vz f tp Ttso-A tb kt »?4 O’SJBA W*I. DMAiJEZ TB yiV jjeJAitivAa, oy^T dap o»pjb4 i?4aa. pwyz o’aR aiiC5hA«s»y, wp«v* • D*q iMAX T«ffe TEJUO-J™ DO" jaawm. ktjiz d#p eAy** o>3*tr VAR DOJ^i-aa. are. qt preye'nt«a: . , _ ... hunicr|. It does uof appear that they V ever were mere wanderers, without ously by the MUsissi more directly to the? and the Atlantic, lhe ; . retain less then 8,00 quality far below of what they claims 5,000,0 nant, as falling v .State. Alabama 000 of the which, in ; the general fall to Tennessee and " 's§en| hurdly worthf ■$ iv and others ilf of Mexico lerokces now acres, of a fage quality Georgia this rem ap of that ly i,000,- iic portions vision, will rth Carotin AGENTS FOR THE C THCEN1X. The following persons are authorized t& teceive subscriptions and payments for tjie jBkcrokce Phoenix. 1 * Messrs. Peirce &. Williams, No. 30 "ttlrkStf St. Boeton, Mass. i Oionei M. Tract, Agent of the A, B. e, F. M. New York. Rev. A. D. Eddy, Canandaigua, N. Y. , Thomas Hastings, Utica, N.-^f. 4 Pollard &• Converse, Richmond, Va. Ttevl James Campbell, Bianfort^S. C. • ’ .William Moultrie Reid, Charleston, ’S. c. Col. Georoe Smith, Statesville,afe T. William M. Combs," Nashville, ren. Rev. Bennet Roberts, Powal, Me. Mr. Taos. R. Gold, (an itinerant Gen tleman.) V . j.Ieremiaii AnsTiv/, Mobile, ATa. Rev. Gyrus Kingsbury, Mayhew, Choc 1 -' •taw Nit:<*,». Capt. William Robertson, Georgia. : V Col James Turk, Bellefonte, Ala. INDA0S. Fxom th'e National Intelligencer. Present crisis in the condition of THE AMERICAN INDIANS,-—NO. II. In my first number I prepaid tji.e Way to inquire what right have the 'Cherokee* to the lands which they open- jnj? This is a plain question, and ea sily answered. The Cherokees are huma'n beings, endowed by their Creator with the sartie natural rights as other men.— "extended country. ^Thqy were then . in the habit of cultivating some land hear their houses, \vnWq they pi ^till ed Indian corn, and other vegetables. k .From about,the commencement of p thb present cirntury, they have ap plied themselves more and root'a toj agriculture,,till they now derive.tlifeir* support from the soil, as truly and en tirely as do the inhabitants of Pennsyl vania or Virginia. For many VWrs they have liad their herds, and their large cultivated fieijris. They now have,' in addition, their schools, a regu lar civil government, and^placesJof regular Christian worship. They earn their bread by.the labor of their own hands, applied to the tillage of their own farms: and they clothe themselves with fabrics made at their own looms, from cotton grown in their own fields., The Cherokees did not show .them selves unwilling to sell their lands, so long as an adequate motive was {pre sented to their minds. During every administration of our national Govern ment, applications were made to them for the purpose of obtaining ad ditional portions of their territory.-— These applications were urged, iiot only, nor principally, by the conside ration of the money or presents which they were to receive in exchange, but often, and stronglyV by the considera tion that they would become an agri cultural people, like the whites—that it was for their Interest to have jthtuf limits circumscribed, so that their young men £ould not have a great ex-* teat of country to hunt ip; and that, j when they became attached to.the i soil, and engaged in its cultivation, the United States would not ask them to sell any more land. Yielding to these arguments, and tp the importu nities of the whites, (he Cherokees sold, at different times, between the close of the revolutionary war and the They are in peaceable possession of tf j year i8>0, more thpn three-quarters. ivliiuh (Iidv ImvA altVitVft rift* 1 territory* which they have always re Warded as their own. This territory was in possession of their ancestors, ihrougli art unknown series of genera tions^ arid has come down to them with A title absolutely unincumbered in every respect. It is not. pretended, that the Cherokees have ever alienated their ountry, Dr that the whites havepyer x yean in possession of it. If the Cmer- ^’-sei are interrogated as to their ti- , they can truly say, “God j*ave I country to our ancestors. We re pevei 1 been in bondage to ahy n. : Tbbugh we h.ave sold much nj to cur white neighbors, we have nev«r bought any from lbem- We own tbs land which we now .occupy, by the right of the original possessors; a. right which is allowed ip aU coun tries to be 'M incontestable validity. Wo claim theNfore, that no human power can properly compel us to leave our lands.*: , If the Cherokees are correct in their statement pti jraots, who c M j resist their Conclusion? We might ai well ask the 1 Chinese, what right V&y h»’e to the territory which they 1 occupy.— To such a question they Woitld aiyhyer, 4 ‘God gave this land to our ancestors of their original inheritance. That the reader may have some definite idea of the territory in question, he should pursue the following delinea tion by the aid of a good map: It would seem that the Cherokees possessed land withiri the following limits, if not bqyond them, viz.* From the mouth t>f Duck River, in Tenues** see, on tlio West, to the waters ©f fVejicli Broad, in North Carolina, tn the Bast; and from the head waters of the .Holston, in Virr/nta, on the North, to some distaace down the O- conec, in Georgia, On the South; com- y-art ^ Kentucky, the Southwest cor ne? of Virginia, a considerable portion of both the Carolinas, a large portion of Georgia, and the Northern part <Jf Alabama. This tract,profiably cod tained .more Ulan 85,000,000 acres; of which a large proportion is ex- freinCly fertile, and some of it not-in ferior to any land in North America, or perhaps ,in the world-; The coun try is alSo generally healthy, ai>d the climate .^deligbitluU Of fill (liis vast and beautiful tract,' watered by nu- mereug rivers, which find their Way for, if the other pi^i|hs are given up, or taken by force, there will be no motive.jfpr retaining,these. To evi ry application made for their lands within the last ten years, the Cherokees have said, “Wc are not disposed to sell tiny more. Wc have betaken ourselves to an agricultural life: We are making progress in feivilization. We aro attached to our sedrools'imd our.ChvfsJian teachers, to ouVfrfVms, to our native rivers and hibiintainsi Wei have; not too much land for our o\vn comfort, and for af- fordib^tis a fair chance in,the experi- ihent we nfe making,” This language Iffis beeii repeated in many forms, and with every indication of sincerity and eanjestnessr , %. ; The assertS|aS^f %e Cherokees, that thoir pre«E < oiJntiy is not too large* for; aperinient in the work of plvjilization, is undoubtedly correct. The wisest irten,'w.jio have thought and written on this subject, fuiree in the opinion, that'no tribe, of Indians con-rise to real civili/ration, and to the full enjoyment of Christian soeiely, tmless*they can have a com munity of their own; and enh be oo much separated from the wli tes, as 1 to form and cherish something of a National characler. If the limits of the Cherokee country wferp much smaller than the^ are, this would be impracticable. , Thus stands the case; arid it is now my intention to inquire ’how the Go vernment of the United Slates has're- garded the Indian title, and hoiv it has been regarded, by the several Slates in the vicinity of the Chero kees. Before this inquiry is qipniraenced, however. *il is proper to say, that the title of one party cannot be safely de cided by the mere claims of another party. If those claims arfe founded injustice, they ought to prevail; if not, they should bo set aside. ’ Now whatever (jof.trines the Government bf the United States may bate belli and 'promulgated on tliis subjecl, they cannot he finding: upon the Indians, unless acknowledge by them to be .binding,or linlfcta founded in the immu table principles of justice. Let us suppose the Kings of Great Britaiii had issued ah annual proclama tion, froth the time oil the discovery of America between 3U & 60deg. north latitude, aqd declaring that all the nations, tribes, and communities, then residing on said lands, Were subject to the laws of Great Britain, and that the title to *U these lands was vested in, and of right belonged to, the crown of that realm; and let us further, sup pose, that the Government of the Unit ed States had issued ah annual procla mation, from the date of the declara tion of independence to the present day, applying the same doctrine to our advantage,,and declaring, tfiat all the Indian nations wijliin the limits prescribed by the peaefe of 1783, were SJahject to the laws. Of tl)0 United States, and that-the Ipnds, of which they were ih possession, belonged of right to the United States. Sp lqng as the Indians did not acknowledge the binding nature of these claims* the mere claims, wpnfd have amounted to nothing. It. practice of the King of EnglaoJ#''during several cen turies, Af) 4eeta>e?hiinself, (as often a*.')ie issqed a,proclamation on any sub- f King of Great Britain, France ami Irelawl. Wits ,he there fore King of France? What if he were now to declare himself King of It would uiring about^tude. The Powers *ef Europe have ue a cheap way, indeed, of acquiring R title, if merely setting up a claim would answer the purposp. . By wBp right do the People of the United Slates hold the lands which they occupy? The. Ppoplc of Ohio, for instance, or of Connecticut? By the right of occupancy only, commenc ed by purchase from the aboriginal possessors, V^It would be folly td plead the charters of Kings, or the more of lines of latitude and lonm- ■feA..ir*r NO. 26. indeed acknowledged our right to our country. But what if they had not? Our right is not at all affected by their, claims, or acknowledgments. The same doctrine is applicable to the condition of the -Cherokees. They havl a perfect ngfit to their country, —the right of pqiiceable, continued, Immemorial occupancy;—and although tHeir country may be claimed by oth ers, it snny lawfully be held by the possessors against all the world. The Chcr.okees need not fear, how ever, that their rights are in daijger, as a consequence of any prjiiciples sanctioned by the National Legisla ture of the United States., The co* ordinate branches of our Government have not j et declared, that Indians are tenants at will. On tho other hand, the whole history Of our negotia tions with them, from the peace of P763 to the last treaty to wvhich they are a party, and of all our legislation concerning them, shows, that they are regarded as a separate community from ours, having a national existence, and possessing.a territory, which they are to hold in full possession, till they voluntarily surrender it. , t how proceed to the examination of treaties, between the United States and the Cherokee nation. And here 1 would apprize the reader, that the case can never be fairly and fully un derstood, without a reference to eve ry material article, in every treaty which has. been made between these parties. Unless such a reference is iiad, no reader can be sure that he has a view of the whole grofftkl; and caviller might ^object, that there had been omissions, in order to conceal a part pf tho case. This is a subject, too,'which the People of the United States must have patience to investi gate. ‘When measures are in progress, which have a bearing on the perma nent rights and interests of all the In dians, Jt must not be thought tedious tb read an abstract of the solemn en gagements, by which we have become bound to mie of these aboriginal na tions. In 1 the revolutionary contest, the Cherokees took part with the King of Great Britain, under whose protec tion (hey then considered themselves, just as they now consider themselves under the protection of the United States. Ajfter the peace pf 1783, it docsjiot ap^cairthat any definite ar rangement tvns made with'this tribte till the year 1785. In the course of that year, the did Cone:rp ss appointed four Coinriiissioners Plenipotentiary, men of distinction at the south, to meet tho head aien and warriors ofthe Cherokees, and negotiate a treaty of peace. The patties njet at Hopewell, now in York District, S. C.j and, on the 29th of November, executed an in strument, which is usually eited as the treaty of Hopewell. The Straptfcof Ibis instrument, with some remarks Upon if, Will be given In, my next number. .'0 ;v ■, A: \b. ■ WILLIAM PENN. fact,,the robbery of a nation., be* cause they happen to be Red Men,-b and the avowed purpose of driving ai whole People from their lands and their homes, and from the blessings of civilization and Christianity, into a wilderness, because the State of Georgia wishes to posses*their Ter ritory., Gan this be done by a Chris tian republic, without drawing down the ciu se of heaven,upon the oppress or? Can American patriots see thiX dong*, without hiding their faces ip shame and ignominy? Can Christian men witness the execution of this un equalled crime and not lift up their Yotces in one tone of indignant re* proof? The fpllowing short, history will enl able the readfet td ‘discern the. infa mous injustice and oppression here referred to. In 1732,‘ James .Ogle A)ur nation ha* ttfwtys been ia posses- _ to the wean* tome of th«m circuUr Great Britain and China? * a ’ i Prom the Christian Mirfor , & THE CHEROKEES. The conduct of Georgia towards tho Cherokees ought to call forth the language of keen indignation and strong remonstrance from every part of the United States. Silence in this case should be reckoned infamy, for it would be fceguiescencq in the most flagrant iqjusUcd Rhd ebormous op pression. h is not a solitary instance of private wrongs but it is, in sober oppression },' James OgW thorpe commenced the settlement of Georgia with the king’s charter, au-» thorizing him to occupy the y.ninhpbiU ed lands.,. The ground, for {ho city o| Savannah iva3 obt^iried of. the Indians! by ti.caty; he ^mo , ‘‘tq > 8ettlc|^i / bna them for their benefit and instrmtitMi** In 1773 the Cherokee IndianS ced^n $ portion of their country to the Gedrgi* ans; they ceded another portion ,.by 4 treaty of peace, in 1783 By, snot he t treaty iii 1785,-tr}hjp treaty Hojier well between, thd ,United Stated ana the Cherokee^,—tii? bpundarifis of th$ Indian Territory were defined; Urn Cherokees acknowledged themselves to be under the protection ofthe Unit* ed States, and expressed their full confidence in thp justiCe of lUe States respecting tlieir interests,— Under, the Constitution of the United States the treaty of Holstein was mado with the Cherokees July 2d, 1791, of which the following is Article 7th, “The United States solfmnlt GUARANTEE TO THE ClIEROKEE NA* TION AI L THEIR LANDS NOT HEREBY CEDED.” “ijfRT. 14. That the Cherokee na tion irlay fie led to a greater degreei of civilization; oild to become herds men and cultivators, instead of remain ing in a state of hunters, the U. S*, will from time to time furnish gratu itously the said .nation with useful im- r plements of Jitisb^ndry, &c,” , Thus it appears, that the tliilted Stales are most solemnly pledged to maintain the Cherokees in possession of all their lands not ceded. No sub sequent agreement, therefore, be tween tbe U- S. and Georgia can ft:f* feet the rights ofthe Cherokees or absolve the U. S. from their, own treaty of Holstein in. 1791. Let us see what agreement was made in A- pril 24, 1802. Georgia having ced ed the sovereignty nqd their rights as to the lands in question tb the united States for $1,250,000 the United States agreed, “at their own expense, to extinguish, for the pse of Georgia, as early cs the same can be peaceably obtained ©n reasonable terms, tbe In dian title to all the lands within the state of Georgia.” Thus all the rights of Georgia Were transferred to the United States. In accordance with the benevolent spir* it .bf our goyeynmet an Act was pass ed by the United States, March 1,’ 1793, authorizing tide President to furnish the Indians “with useful do* me^tic animals and implements of kltii bandrys But soon this prospect of civiliziiig the Cherokees alarmed the Georgians, lest they should be fixed to their owrf Mil, which no p’ower on earth had any right to compel them to sell, although the United States hhd bound itself to Georgia conditionally to buy, i. e, as early, as it could be obtained on rea sonable teiraa. The Cherokees re fusing to Sell on nny terms, of course the United States are bound to do no thing; or if Georgia has any claim, it can be only a claim tt? cclnpoji»nth>j| or damages from tlio United Slates. The Cherokees are ^ in tho pussessioa tf their lands by the faith, of our Government. In this stato of things the Geor^ W ± <>: ''4 § i m* '