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CHETtOKEE PHOENIX AND INDIANS’ ADTOCATEi
\
Eio.n iuu National ilUeli^'.'Hcer.
*>R€SKNT l RISIS IN I HE CONDITION OK
THE AMERICAN INDIANS
HO A1V.
It has appeared, in the preceding
discission, that the United States
have entered into solemn engagements
with the Gherokees, by which " c are
bound, as a people, to defend their
title and their sovereignty, and to pro
tect them from every species ot en
croachment and aggression. If this
be not the obvious meaning of niimer-
ous and express stipulations, it will be
.imcossi 'le to frame articles in die
English language, which shall express
any meaning whatever.
But . Georgia complains ‘ that the
Government of the United States
transcended its powers in making
the-"', engagements, which are there
to e * to be considered null ahd void.
Toe reader most bear in mind, that
this ' complaint of Georgia is not of
l ing standing. Indeed 1 am not cer
tain that the legislature has expressed
it; hut 1 he leading men of that State,
and some of the newspapers, aije loud
In making and repeating it. Fill very
re ently, as was mentioned in my 1 st
the authorities of Georgia harp been
u i/mg the United Slates to malfe trea
ties with the Indians. !
In order to come to a full under
stand'. !g of this case in all its bearing,
let us inquire how the controversy
would present itself, if the old thir
teen States, after obtaining their in
dependence, had never formed any
sysi .m ol coniederation whatexer-.
and each State were entirely, and in
all respects, independent of every
other State. The whole question'fit
issue; would then lie between Georgia
and "the Chcrokeos. Neither South
Carolina, nor any other State, would
hnve any right to interfere, liowcvei
oppressively Georgia might conduct
he.self toward the Indians; unless,
indeed, South Carolina, or some other
State, had made a treaty with the
Gherokees, of the nature of a t alli
ance offensive and defensive. On
this'supppsition, both the allies would
have a right, bv the laws of nations, to
speak to Georgia and to he heard.
But we will suppose, tint the Ghcro-
kees had made no treaty with any
ed out as jurymen. We do not hunt,
Not a family within our bounds de
rives its subsistence from the chase.
As to our being savages, we appeal to
the white men, who travel on our
tnrnpikc roads, whether they receive
any ill treatment. We have a legis
lature and a judiciary, and the. judges
of our supreme court are very rigid
in punishing immorality. We have
herds of cattle, farm* and houses,
mills a nd looms, clothing and furniture-
W« are not rich; hut we contrive, by
our ndutry, to provide gainst huv
ger and nakedness; and to lay up
something comfortable tor winter.
Besides thetse things. We have schools
and places of public worship Judge
ye* whether we are such a sort of
people, as the writctS on the laws of
nations had in their minds, when they
talked of vagrants, huriterS, and sava
ges
To this the Georgians rejoin: “But
you had no business to betake your-
coratnunity upon earth, and were, as
to their mode of living, precisely m
their present condition; that is,,peace
ably engaged in agricultural pursuits
and providing for their own tamcc s
by the labor of their own hands
In these cireurast ores, the people
of Georgia ask the Gherokees 1o le-
move; who, in their turn, demand the
reasons of so extraordinary requenst.
A I here let me say, no good reasons
can he given; no reasons which an
honest, man would not he ashamed to
give in any private transaction. But
I v'-l'i fairly state all the reasons, Which
have ime to my knowledge, and
ild wish the reader to give them
■tide of weight to which
thev a-e entitled.
leorgians say to the Gherokees.
>re a civilized people; you are
Wo
eve y
T
“W
a v
Bv
w t;
f»l v i
Hinting and savage people,
ip .e of this distinction, the lands
: vou occupy, and which your
s ailed their hunting grounds,
he.lo.tg in reality to us; and we must
take possession. The writers on the
hi v of nations bear us out in the de
mand.”
To such a statement the Gherokees
might justlv reply; “.We are not a-
boui to dispute as to your being a
Cn ilized people, though the manner of
u ■ ng this demand of the houses and
l a of your poor neighbors - , does not
» mo great modesty or benevolence.
W«e do not profess to he learned i>i4he
Jitw ol nations; hut we read the Bible,
and have learned there some, jilatn
principles of right and wrong—The
Governor of the world gave us this
country—We are in peaceable pos
session. We have never acknowledg
ed any earthly lord, or sovereign. If
Our Creator has taken away our land
and given it to you, we should like to
$a * some proof of i! 'beside your own
assertion. We have read in the hook,
which we understand y ou to acknowl
edge as the word of God that to
Opprvn a stranger wrongfully" is a
mark of great national wickedness.
“But we are not the sort of people
that you take us to be. We are
not vagrants, like some tribes of which
we have heard; nor were our fathers.
They always had a fixed place of re
side ice. Vud as to our wandofi ig
shout, we have not the lime. We
®re busv with ou>- cro .s; and manv
of us do lie* r far ns our he*- *'
eguntf court once u yejsr, unless cull-
selves to an agricultural life. It js a
dovvnrig't imposition upon us. 'Ibis
is the very thing that we complain of.
The more you work on land, the more
unwilling you are to leave it. Just
so it is with your schools; they only
serve to attach you the more'strongly
to your country. It is all designed to
keep us. the people of a sovereign
& independant State, from the enjoy
ment of our just rights. We must
refer you to the law of nations again,
which‘ declares that populous coun
tries, whose inhabitants live by agri
culture, have a right to lake the lauds
of hunters and apply them to a bet
ter use.
hi answer to this legal argument,
the Gherokees have only to say, that,
even if Vattel had the power, by a
flourish of his pen, to dispossess a
nation of its patrimonial inheritance,
the present case does not come within
the limits which he has prescribed —
Georgia is not populous. She has
many millions of acres of unoccupied
land. The Gherokees arc not an “er
ratic people, - ’ to use the phrase of
Vattel, so that neither part of the ease
answers to the description.
When Georgia shall have a hun
dred souls to the square mile; (and
her soil is capable ol sustaining a lai-
ger number than that;) the Gherokees
m y have four times as many to the
square mile as Georgia now con
tains:
If any one has the curiosity to toad
what Vnttal has said on this subject,
he will find it in section 81 and 209;
where he will also find a commenda
tion of the manner in which the Pu
ritan settlers of Ncw-England, and
the great founder of Pennsylvania,
obtained possession of the lands of the
natives, viz: by the consent ot the oc
cupants and not by a reliance on the
charters of kings.
Thus stands the case on the law
of nations; and if Vattel were admit
ted as absolute authority, and the
Gherokees were left to their naked
right, undefended by any compact
either with Georgia or the United
Slates, they would hqve nothing to
fear. No respectable lawyer, unless
he is entirely deranged in his intellect,
as a consequence of violent party
feelings, will say that the doctrine of
Vattel would take the lands ol the
Gherokees, and give them to Geor-
gia
existing treaties? The treaties and
laws are positive and peremptory in
declaring that the Gherokees are not
tinder die jurisdiction of Georgia, rior
of any other State, nor of the United
States; that citizens of the United
States have no right to enter the In
dian country, except in accordance
with treaty stipulations, that it is a
high misdemeanor, punishable by fine
and imprisonment, for any such citi
zen to attempt to survey Indian lands,
or to mark trees, upon them; and that
the Irdian title cannot be extinguished,
except by the consent of the Indians,
expressed by a regular treaty. Vet
the Secretary of War seems never to
have known that any such laws or
treaties are in existence, Is he not
awaro of all this? Or does he really
think he has power to annul treaties
and repcallaws, according to his sense
of convenience and propriety ?
But this is a degression., Having
shown, as it seems to me. that Geor
gia can gain nothing by an appeal to
the law of nations, I propose to in
quire, htiefly, what support she can
derive from the chart er of the King of
England.
WILLIAM PENN-
In the Eski-Sarai, at Adriantipje,
Aug, 8, (20.)
M. P. Ambassaduer.
1 have the pleasure to nnnouifce to
you that the victorious troops;sf his
— i -Tliiiif
• »igjMWgtj S» 1 D
mw neology*
___ FOI1BIGN.
IMPORTANT RUMbUIt—IF
TRUE.
Capt. Whitall, of the ship Don
Quixote, who arrived below on Satur
day evening, in 37 days from Antwerp
and 21 from the Isle of Wight, informs
us that a few hours before he left
Flushing the steamboat arrived from
London, in twelve hours, bringing in
telligence that ENGLAND AND
FRANCE HAD DECLARED
WAR AGAINST RUSSIA. Capt.
Whitall saw some of the passengers,
who told him that the report was gen
erally believe, and a occasioned great
sensation in London. The steamboat
left London on the evening of the 9th
of Sept, which is one day later than
our accounts from that city by the
packet ship Birmingham. Capt. W.
further states, that the crops in Flan
ders were nearly destroyed by the
bad weather.—JV' Y. Jour, of Com.
But it is added, that the Gherokees
are in the chartered limits of Geor
gia; and it is triumphantly asked
“Cannot Georgia govern her own ter
ritory? Is she not entitled to her own
property? 1 But this statement ol
the . case is a mere begging of the
question. It is not admitted that the
Gherokees are now, or ever were, in
the State- of Georgia, in any su> h
sense as is implied by the confident
tone ot these questions. They I a
never acknowledged themselves to he
in the State of Georgia. The laws of
the United States, and the Dlth arti
ele of the treaty of Holston. declare
that Indian territory is not within the
jurisdiction of any State nor within
the jurisdiction of any territorial d»s
trict ol the United States. It seems
however, that our national statule.
hook is of very light authority, when
compared with the svpp< sed conelu
sions of a philosophical writer, whose
theories are produced as the arbitci
ot a people’s destiny.
w Let me ask here, whenre did the
Secretary of War derive the power
of-repealing an pet of congress?
This is ft plain question: and the peo
jde of the T oiled States w ould lik
r ei- e t ' .hi •. ) swet V ’
I did he derive the power to set aside
rThe nr-
Progress of the Russians.
rivals yesterday put us in possession
of news from the Russian army South
of the Balkan to Aug. 23. Since the
date of the previous accounts, the in
vaders have captured Adrianoplc and
Sltvno, (oGSelimnoj— the former the
second town in European Turkey, and
the latter “second next to Adriano-
ple ” It stands at the foot of the cir
cuit of hills which form the last
heights of the Balkan. Add to these
the town of Rodosto on the sea ot Mar
mora, GO miles West of Constantino
ple, besides various other places ol
less importance. One of the Paris
papers also announces the capture of
Trebisond. in Asiatic Turkey. By
looking at the map which w o publish
ed a few days since, it will be seen
that the Russians have formed a line
of communication entirely around
Const ntinople, so far as can be done
by land, viz from Sizeboli, or per
haps we should rather say, Inaida, to
Kirk-kilssa and . Araba-Bur< os and
♦ hence to Rodosto. The distance
f om Constantinople varies from 60
to 80, or 90 miles. As they ap
proach the capital their movements
w ill be sustained by ih- fleet of Ad
miral Greig on th. Bh . k Sea. and by
that of Admiral Riooid on the Sea of
Marmora, if the latter . should suc
ceed in forcing a passage through the
Dardanelles. Thus the dominions of
the Sultan, in Europe, with which he
is able to.jhoJd c'qtnunication by land,
are reduced to a corimass not much
larger than the State of Rhode Island
i ith a powerful ahd victorious army
pressing forward to complete its sub
jugation.—Jour, of Com.
( API l RE OF ADRIANOPLE.
Munich, Sept, 28 P M.—The
Russian Legation in this city has just
received from the Russian hea l quar
ters, under the head of 8th (20th)
August, the news of the entrance of
General Diebitseh into Adrianoplc!
The Mahometan population has plac
ed itself under the pretection of tt e
Russia army, and not left the city.
This important news is confumed
by the following letter from General
Count Diebitseh to M. de TatiscliafF,
Russian Ampassador at Vienna, which
was received at the office the Allge-
meiiic Zeitung almost at the same .mo
ment**
Majesty the Emperor entered Adrian
ople this morning at nine o’clock,
without opposition. The Mahome
tan population remains entirely under
our protection.—?Accept, &c.
(Signed) Duebitsch.
Vienna, Aug. 31,-A Courier,
who left Gonstantinople/on the 17th.
arrived this morning at 'the Hotel of
the French Legation, w ith the news
that the Porte, after tlie'preceding
declaration had been judged, unsatis
factory, had now signified its acces
sion to the treaty ofLonuoil of the 6th
July, 1827, by a written declaration
which was such as fully to answer the
views of the Mediating Powers. In
another declaration the Foyle declares
itself ready to send Plenipotentiaries
to the head quarters of Count Diebi-
Is -h to treat of peace with Rus
sia.
Conrtantinofue, Aug. 17.
(By express)—The whole city is in
the utmost consternation at the rapid
advance of the Russian army, and the
Porte is all at once ready to made,
peaie on any terrtis. The commis-
« : mers are alifcady appointed who are
fd go to the Russian h i ad-quarters to
rn what conditions the Emperor of
Russia now demands; for none of the
foreign.diplomatic agents here are ac
quainted with his intentions, not even
Baron Muffling whrt was said to have
t ome expressly to 1-ftt the Porte know
on what terms the suspension of hosti
lities might be obtained. General
Diebitseh is approaching Adrianoplc.
w hence lie threatens to march against
Constantinople. General Pcskcwitch
is said to have left Krzeroum, and to
have divided his army into two corps;
one of which is proceeding against Jo-
kat; that is, on the road to -Sentari.
This manoeuvre has Entirely discour
aged the Sultan, who Recording to ac
counts that deserve credit, has be o n
ill for these three days, and plunged
in deep melancholy.
A ukase of the Empefior Nicholas,
of 22d August, orders a new levy
throughout his whole Entpirc, except
ing Georgia and Bessarabia, of three
recruits for every 500 souls.
Bucharest, Aug. 20.
A report has been in circulation
since yesterday, that Turkish com
missioners have come from Sctiupla
^to Gen. Krassowsky to propose an
armistice, but that General refusing to
listen to them, they asked a safe-con
duct to the head quarters of Ben.
Diebitseh to negoeinte a general ar
mistice. It is added, that they Iliad
failed in their application-to the Gen
eral-in-Chief, because the first con
dition he proposed was that Schumla
should he evacuated, and given up to
the Russians. This news, however,
rests on the credit of private tom-
munioations, & requires confirmation.
All the Turks, however, wish for
peace, for their affairs are in o had
state. It is not improbable that
Schumla may soon fall. The grand
Vizier himself is said to be in des
pair. The garrison of Nioopolis has
ventured to make an excursion to the
left hank of the Danube, but has paid
dearly for it; for the Russian com
mander before Ghiurgevo, learniug
tlint Turkish cavalry had appeared
near Tournoul, sent a detachment of
heavy cava ry to drive ihem from the
left bank, which was done without
much trouble. Many of the Turks
were k lied, aid several hundred ta-
en prisoners. It is even affirmed
that only a man returned to No • oJi
to announce the misfortune. The*
Wallachians are more q(jd more
pleased with the new sclioo , in
w hich th“ system of mutual instruc
tion is chiefly followed. The p orer
classes are eager to let their children
enjoy the benefits of education, and
the progress of the young peoplp in a
country which, till now, had hardly
any public schools, h equally surpris
ing and satisfactory.
WEDNESDAY, NOVEMDElt U. 1SZ0.
THOS. L. M’KENNfifY AND TIIE,
N TIOE.
T O all whr it may concern, that, th«
undersi *d having been appointed
Administrators on the estate of Shoe Bools
deceased, we hereby notify all persons in
debted td the estate to come forward and
make payment, and all persons having
claims against the estate to present them
for payment within twelve months, at the
expiration of which time they will be de
barred payment, on the claims, if any there
be, as the law directs.
TIIOS. WOODARD,
JOHN RIDGE.
Administrators.
Oct., ,26th, 1.839, $».«.
INDIANS.
Under this head, we made remarks int
our twenty fifth number,, touching the ad*'
dress of Col. M’Kenney before the Indian
Board in New York. It appears tho^-eJi
marks have given him an undue decree o
umbrage, as our readers will see froftf thc£
following communication:
To he Editor of the Cherokee Phocnii
Sir —I notice, and not without,
regret, a spirit pervading your jour* *
nal which, if not checked, cannot do-
else than prove extremely injurious t«
you. It is the spirit of personal, and
ill nathred remarks against those who,
do not lihppen to think with you. and
your chiefs, upon the question of
what is best, under all circumstances,
for our red brothers to do9 It isnot unrea*
sorxtble that two men equally youc
friends, should indulge opposite,yiewsG
of this question-the one might think,
with you, the other not, But do you.
esteem it just, to pronounce the ht-.
ter your enemy, and write , or admit,
articles into your paper, implicating
his motives? and by a resort to every
species of ill-natured remark, try and
make him obnoxious? Do you think
this is the way to gain friends^ orDo
lose them? To carry your plhnsfor
fail in them?
Now I have remarked this spirit in'
active operation in the columns of
your paper, not against me only hut
others. Think of it as you may you
never have had, nor have you now, a
warmer, or more devoted friend. I
have been, for years, making myself
acquainted with your interests, noti
cing, with deep anxiety the clouds,
and their directions, which have beci>'
so often big, and block, with destruc
tive elements.—I see them lowering
over you now—the muttering of their
Thunder is heard over the whole con
tinent. In despite of every thing w hich*
has been adopted jn all the past to re
lieve them, by drawing off their
destroying fires, they grow' larger, Su
larger, and blacker and blacker-^*
and at this very moment threaten to
anihilate you as a people! If in thiat
state of dread, I should tlllnh (uUd I
judge from experience, and facts)i
your safety was in removal, shall I bfi
considered your enemy on that d,ccountE
Would you 8Du>ri from you a man who
sccmg you in trouble of any ether sort
for humanely and kindly endeavouring .
to relive you, altho ; he might happen
to differ with you a§ tp the best means-
of doing so? You may be able to
withstand, and live under, the pour
ing dow n upon your people of those
elements to which I nave reference*'
and flourish amidst them as Salaman
ders arc said to live amids f fire, but if
you do. I shall sec exemplified in yoii
that, which lias been only fable in re
gard to this ftnimal. I tell vou, you
will have extended over you the laws,
of the states within which you are;
and 1 tell you, you cannot lire under
them. Think of. it as you please
—spurn iny counsels as you may—*•
rely on your own superior w isdom nfi
you seem resolved on doing—hut mark
my words—-the day will arrive wheu
you will see for yourselves, w ho are
your real, and who your pretended
friends; who your wise, and who your-
unwise counsellors.
The principal bearing of my remarks
in my address, as quoted by you was
upon the Creeks,but I know it—and so
do you know it, the great body of your
people,want to get awfiy from the evils,
that threaten them, and go west—ryoft
know it, and I know it, (and not froid
secret agents either) that yaitr. influfi
ence, and the influence of a very feit
deter the body of your people fron*
making terqis; and I say, whatever
you may think of it, laying the founda
tion for the future welfare, and pros*
perity of your nation.
It is for your sake&, and not mine^
that I deplore to see the vindictive
quality of your spirit. I advise you
—think of it as you may to treat per
sons who are your friends, af least with
civility, for you have need of all their
counsels, and all their wisdom.
Let your nation be convened-and
let such as might he named, and a
very limitted number they will be,
rise up and proclaim to the whole
that they are free to exercise their
own discretion; and that such aq
choose to emigrate will be at liberty
to do so, and will be held in the same
favour by the chiefs, and certain oth
ers, as those who choose to remove