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CH22S&9KME FMCENIX, AND SNBSAXS’ ADVOCATlk PUNTED UNDER THE PATRONAGE, AND FOR THE BENEFIT OF THE CHEROKEE NATION, AND DEVOTED TO THE CAUSE OF INDIANS.— E. 1 t I DIM 'I'i i li TcD VOL. II. NEW ECHOTA, ES&A1? CMTOBEft L8, IbLQ. PRINTED WEEKLY BY JOHN F. WHEELER, At $2 50 :f laid in advance, $3 in six .months, or $8 50 if paid at the end of the year. To subscribers who can rea l only the Cherokee language the price will 1»« $2,00 in advance, or $2,50 to be paid within the year. Every subscription will be considered as xvontmued uTess subscribers give notice to ihe contrary befor' the coin nencemeut of a new year,and all arrearages paid. Vny person procuring six subscribers, And becoming responsible for the payment, shall receive a seventh gratis. A Iverlisements will be inserted at seven ty-live cents per square for the lirst inser tion) an ’ thirty-seven and a half cents for each continuance; longer ones in propor tion. PIP* All letters addressed to the Editor, post paid, will receive due attention. C'V y JJAVOA AD hSSJF. (Vfl.I. fevtrx»s.i taar* <h<ruA..i p-itau- fcSJlE HIiC5fiA(»y KTZ1 Dt!P 0aGIB.i !*■*.». t tctz TKjao«T» Dei,St^r-»®.i. tctz ¥>t.p T.in-t Tit ne'rft iivdji.i, kt d?si «>^o.tp.i iv4^.i. Dt.ii&ar.z ti: y\v Pe.lAtn'DM).!, C^y/tT DJtP (P0.1IIH K4oM. nwyz tpe.Tt .mufui^y, nt-R o-o' \i tctz tnjochp do - J.S^Pj^.1. KT.1Z D^P Oct-y.V' 4 VAR no.?*»orv.^A. AGENTS FOR THE CHEROKEE PICENIX. Th n 'ollowiiv persons are authorized to receive subscriptions and payments for the jCherokee Phceni-x, Messrs. Purer, & Williams, No. 30 Mariret St. Boston, Mas-. . Gcoecs M. T iacy, Agent ofthe A. B. -G. P. M. N w York. ‘ R-v. A. D. Eddy, Cananda'irua, N. Y. Thomas Hastings, Utica, N. Y. Pollard Si Converse, Richmond, Va. H“ '. James Campbell, B aufort, S. C. William Moultrie Reid, Charleston, S. C. Col. George Smith, Statesville, W. T. William M. Combs, Nashville, Ten. Rev. Bonnet Robe a-s, Powal, M". Mr. Thos. R. Gold, (an itinerant Gen- JLleman.) Jerr. tiAii Austil, Mobile, Ala. R-v. Cvr.us Kingsbury, Mayhew, Choc taw Nation. Cn t. William Robertson, Augiista, Georgia. Col. JameS Turk, Bellefonte, Ala. vtXSijt&eXU ♦tKTtr.'.w. » INDAHTS. From the National Intelligencer, JP BE SENT CRISIS IN THE CONDITION OF THE AMERICAN INDIANS. NO. X. I would content myself with 6«iying, jin 'reference to the remaining treaties, that they are perfectly consistent with the preceding ones, were it not, that this sweeping declaration would by no means do justice to the cause ofthe Indians. Several of these treaties contain new and striking illustrations ol the doctrine that the Cherokees Were understood to possess their coun try in full sovereignty. FOURTH TREATY OF TELL1CO, OR NINTH NATIONAL COMPACT WITH THE DHEUOKEES. This treaty was executed October #7, 1805, at the same place, by the same Commissioner* and fourteen of the same Chiefs. & only two days after the next preceding one. The occasion of it is sufficiently explained in the first article: “Art. 1. Whereas it has been re presented by the one parly to the oth er- that the section of land on which the garrison of Southwest Point stands, flnd which extends to Kingston, is like ly 1o he a desirable place for the As sembly of the State of Tennessee to convene at. (a commit tee from that body, now in session, having viewed the situation ) now, the Cherokees, t>e>n<r possessed of a spirit of conciliation, and seeing that this tract is desired for public purposes, and not for individu al advantages, reserving the femes to themsebes, quit claim and cede to the United States the said section oMand, understanding, at the same time, that the buildifins erected by the public are to belong to the public, ns well as Jlie occupation of the #ame during the pleasure of the Government. We al so cede to the United States «he lirst Island in the Tennessee above t ie month of the Clinch.” Art. 2. The Cherokees grant a mail road to the United States, from Tellico to the Touibigbee, "to be laid out by viewers appointed on both sides.” Art. 3. "In consideration of the a- bove cession and relinquishment, the United States agree to pay to the said Cherokee Indians $1 600. Art. 4. The treaty to be obligatory when ratified. Ratified by Mr. Jefferson and the Senate. Within a year or two past the states men >f Georgia have contended that the National Government has no au thority to make treaties with Indians living, as they describe the matter, “within the limits of sovereign and independent State. The fact is. that the National Government is the only compete d authority, under the Federal Constitution, to enter into any engagements with the Indian tribes which yet retain their organization as separate communities, and acknowl edged to possess a title to land within definite limits The uniform prac tice of the Government has accorded with these principles; and Georgia herself has, until very lately, been urging Congress and the Executive to hold treaties with the Cherokees. Mow did tin* State of Tennessee understand this subject? Let the first article of tlie preceding treaty answer. The legislature of Tennes see desirous of obtaining a site for the erection of buildings to accommodate their State government, suit a com mittee to view the point at the junc lion of two beautiful rivers the Ten nessee, and Iho Clinch. The bounda ry, as it then stood, ran very near this point: and the State soli, iletl a sqm <e mile for the public object above de scribed. The Cherokees. ooi of a spirit of conciliation, and for $1,600 in money, ceded the section of land, with these remarkable reservations, viz: that they were to retain the fer ries at the sent of government of Ten nessee; and that the grant was hiade for public objects only. Of course the land would revert io the Chero kees, if the seat of government should be removed. As tlie Legislature af terwards fixed the seat of Govern ment farther West, no public build ings were erected at this place.— Narrower boundaries were subse quently established between the U- nited States and the Cherokees; but the ferries were held for a long time, if they are not now held, by assignees of the Cherokees. The treaty was ratified by President Jefferson and the Senate. This whole transaction strongly il lustrates several important positions, which have been taken, or implied, in the preceding discussion, such as the inviolability of the Cherokee tmitory; the right ofthe Cherokees to make or withhold cessions of land, accord ing to their pleasure; their right to impose such restrictions upon their grants as they pleased; and the trea ty-making power of the United States being the o. ly medium by. which a State can get a proper title to Indian territory. TREATY OF WASHINGTON, OR TENTH COMPACT WI"H THE CHEROKEES. This treaty was neg.dated at Wahsington, January 7, 1806, by Hen ry Dearborn, Secretary of War, and seventeen Cherokee chiefs and ivar- riors. The object appears to have been to adjust certain claims of the Cherokees and Chickasavvs to the same lands, lying between the Tennessee river and Duck l iver, in what is now West Ten nessee. This was done by obtaining a relinquishment to the United States of “all the right, title, interest and claim, which the Cherokees, or their nation, have, or ever had,” to the tract described, except that tw o res ervations of small portions of tins tract are made by the Cherokees. The U iked States give 10,000 dol lars and certain privileges, in con sideration of the -above relinquish ment . The United States also agree to use their influence to have a certain boundary established between the Cherokees and vJhiokasuws, on the South side of the Tennessee river; ••but it is understood by the contract ing parties, that (lie United States do not engage to have the aforesaid line or boundary established, but only to endeavor to prevail on the Chickasac nation to consent to such a line, as the boundary between the two un ions ” Here it is implied, in the strongest manner, that the United States had no tight to encroach upon India i territo ry, or to fix boundaries between neigh boring tribes; and that these tribes had, as separate nations, the unques tioned power to settle their own boun daries. The Government of the United Slates was willing, However, to act the part of a mediator in the adjust ment of these boundaries. Ratified by Mr. Jefferson and the Senate. TREATY OF CHICKASAW OLD FIELDS; OR ELEVENTH COMPACT WITH THE CHEROKEES. This treaty was executed by Re turn J. Meigs and James Robertson, on the one part, and five Cherokee Chiefs on the other, September 11, 1807. It was made to ‘elucidate’ the next preceding treaty, or to ascertain the real intention ns to the boundary.— 'rite Cherokees were to receive $3,-, 000 for their readiness to plat e the limits of the land ceded old of all doubt-,' and it was stipulated that "the Cher okee hunters, as hath been the cus tom in 8u h cases may hunt on such ceded t act, until by the fulness of set tlers, it shall become improper.” This is the second instance, in whi h a privilege to hunt on ceded lands is granted; that is, the Chero kees were allowed to exercise the sune rights of ownership, over land which they had quit claimed and sold, and for which they had been paid, as. (if we are to believe the present Sec retary of War,) tuey could ever exer cise over any of their lands, which had not been ceded. 1 am willing to presume, however, that the Secreta ry of War, after mature deliberation, will abandon a position so utterly un tenable. This treaty was ratified by Mr. Jefferson in the usual manner. SECOND TREATY OF WASHINGTON; OR TWELFTH COMPACT WITH THE CHEROKEES. The sole object of this treaty was to obtain for South Carolina a small portion of mountainous country, lying at the northwest po nt of that State. It was executed by George Graham, and six Cherokee Chiefs, March 23, 1816. Art. 1. “Whereas the Executive of South Carolina has made an appli cation to the President of the Unit; d States to extinguish the claim of the Cherokee nation to that part of their lands; which lie within the boundaries of the said State, as lately establish ed and agreed upon, between that State and the State of North Caroli na; and as the Cherokee nation is dis posed to comply with the wishes of their brothers of South Carolina, they have agreed, and do hereby agree to cede to the State of South Carolina, and forever quit claim to the tract of country contained within the follow ing bounds:” [Here the hounds arc described, comprising a tract now in the N. W. corner of South Carolina. The tract was of small extent and ve ry little value, as it is among the mountains.] Art. 2. The United States agree, that the State of South Carolina shall pay to the Cherokees $5000 for this grant, in ninety days: “Provided, That the Cherokee nation shall futve sanctioned the same in Council; and provided aiso, that the executive of the Slate of South Carolina shall ap prove of the stipulations contained in this article. ’ This treaty was ratified by the par ties; viz: President Madison and the Senate, and the Cherokee nation in council assembled; and it was doubt less approved by the Governor of South Carolina. Here is another perfect illustration of the manner in which the several States obtained a title to lands, which had remained the propeity of Indians; though the lands appeared, according t>> the maps, to belong to those States White men, not Indians, made the map3. The north w„st corner ol South Carolina, as that State appear ed on the map, still belonged to the Cherokee Indians. The State wish ed to obtain possession of this little fraction of mountainous territory. In a manner perfectly fair and honorable she applied to the General Govern ment, requesting that the teriitory might be purchased of the rightful oivners. She does not say, that tin lurid belongs to her; but simply that North Carolina has agreed uitli South Carolina, r.s to the boundary between them, when the land shall have been obtained of the Cherokees She does not pretend that the Cherokees rre hound, o; that their rights are in any degree affected, by agreements be tween third parlies. This is a cor rect vice ofthe subject; and quite as appin able to Georgia as to South Carolina, or anv other State WILLIAM PENN* 11 OUj ^ ny liiL'U'.. NO. XI. There are four remaining treaties to be examined Two of them were negotiated by the distinguished getter ah who is now the Chief Magistrate of the United States, and one by the Secretary of War. who is now k ice- President of the United States. On th :se accounts, pb well as their in herent importance, they are worthy of particular altent ion. THIRD TREATY OF WASHINGTON; OR THIRTEENTH NATIONAL COMPACT WITH THE CHEROKEES. This treaty was executed on the same day with (he one ne f \t preced ing; viz. March 23, 1816, and signed by George Graham foi the l nitcu States, and six Cherokee Chiefs, lo. the Cherokee nation, living on a dif ferent subject entirely, it was em bodied in a separa'e document. Art. 1. The boundary between those parts of the Creek and (. he ra nee nations, which were west of the Coosa river, is agreed upon.— The United States having obtained, by treaty, the Creek lands west of the Coosa and contiguous to the C he- rokees, it became necessary to as certain and establish tlu ir boundary between these nations. In the hotly 4, ~'‘ v i'jaii, turner iliu grant oi me sec-'* V.HU virlwie oi tins tiv.uy, - tue pmu- jiai duel oi me Cliero.vee nation s..„ll appoint, one commissioner to aCv om* the commissioners appointed by .;c i'icsideiu lo lay ou luo ioau. Art. u. the United estates agree tu pay Uu lo muiv.dtiuis v,j ,uc Cherokee nation,” as an indem.i..y lor losses sustained by them, liom ihe march oi t;ie Lniwu States '•'■through that ratliun ” » no treaty ».„s Guiy ratified President niatliscui and the fcenate. A vciy few remarks ou (his merit will be sultieicnt. The lirst am, ic says, that the lni T ' led States, ui a treaty made tears belore, recognized a clam, of !hc t lierel.ee naliou io land soi.tu of ' he Big i>cnu ol (lie i eiiticssec.—— What claim? Doubtless such < iu.m as tiie Cherokees made. But u.i v never made any pailial, limited, or qualified claim to their lands. '/ht v never set up a tille as tenants fur the lives oi the existing generation, or tenants for years, or tenants at u df. They sim,.ly, and always, claimutT the land as their oxen-, and this < , the U. States must have re, ognis: rip if they recognised any clr.ini at «!{ 'file fact was. that the ar'.iefe In- ,*• referred lo, as containing n n •bzeuiuii" of the Cherokee cb im, w as the one, by which the U. 8. engaged to prevail on the Chickasaw s to agree e nii a certain boundary between ibcin and the Cherokees. Thus, the friendly attempt lo fix a boundary between these two Indian nations, was jusilv construed, in a tienty ten rears nPer- w ards. to be a recognition ofthe du xns of those nations, to the lands on each side of the boundary. By nrti'-le second it is agreed, oh the pari of the Cherokee nation, that the United States shall hare the ri-iht to lay off roads,in a certain part ofthe nation, and in a pr* scribed m .tier. Of course, ii must lie inferred, that tlie United Stales had not this ii.lit before; that ihc assent of the Chero kee nation was nc essnry to invest tho United States with the ri at; and tii t it must, even when cx| r. ssly granted, lie exercised in the ma, or; which l!io treaty prescribed. This article speaks, also, of rivers .oid waters, “irithin l*c Cherokee nalien;” and stipulates, that (be citizens of the United States may f.eely net i e those waters. On looking at the map of she Cherokee country, as it t' en existed, the reader will find, that be sides the IJiwassee, the Oust ana win, the Coosa, and many smaller streams, that noble river, the Tennessee, ( eokr a sweep of more linn 150 r G s through the Cherokee nation. T . n was good reason to w ish for the pib-i- j lege of navigating these w aters: but how absurd to resort to the treaty-- making power for the purpose of ob taining it, if the country rcalh t o ol the article it is said, that tlie t rea- 1 1 0!) ,. t j Lo Georgia and the neigh! r Gog ty of January I8JG (already described states. as the tenth compact,) -the United By articles 3d and 4th. if apreors, States have recognised a. claim on the [ thollthe Cherokee nation h; d a'govern- part of the Cherokee nation to the • ■ ■ lands south of the Bi Bend. &e. Art. 2. It is expressly agreed, on the part ofthe Cherokee nation, that the United Stales shall have the right lo lay off, open, and have the free use of, such road, or roads.” as shall be needed to open a communication through the Cherokee country north of the boundary now fixed. The Uni ted States Ireely to navigate all the rivers and waters, “within the Cher okee nation.” Art. 3. “In order to preclude any dispute hereafter, relative to the boundary line now established, it is hereby agreed, that the Cherokee na tion shall appoint tico commissioners to accompany the Commissioners, al ready appointed on the part of (he United States, to run the bounda ry,” &c. Art. 4. In order to avoid delay hereafter, when the President of the United 6tatee rhall t\ish to oyen a meat, which the United States vc- knowlodged os being always in ex istence. and always competent to transact anv national business. TREATY OF THE CHICKASAW CorN-' cil norsr; or foitrtefntii com pact W ITH THE CHrmitl-FS. This document was signed on the Uttli of Septemho' 1R16. This'-fie is imwortant, and I must cite ii at length: "To perpetuate peace and friend*, shin between the United States -.net the Cherokee tribe or nation of In dians and to remove all future causes of dissrntion which mnv a*'«e from : u- defmite territorial bon<id-alies, ft e President of tlv United St 'tos o r \- mecion. bv Mr j. Gen Andreiv Ja !•- son. General David Meriwether, md Jces** Franklin. Esq. Commissionr"* Plenluotentiarv on the one irrt. and tlie Cherokee TVemtes on.ibe o«h« er, covenant and agree t n the r <>'> uy* i.ig articles and conditions. ' 'oclrj (S« 4thj>agi x