Newspaper Page Text
]
owy Jcfiuoj.
CltEKOKSSJE PHffi»IX, AND INDIANS’ ADVOCATE.
POINTED UNDER THE PATRONAGE, AND FOR THE BENEFIT OF THE CHEROKEE NATION, AND DEVOTED TO THE CAUSE OF INDIAN*.—fc. LC l I.INC'IT, i LilOK.
VOL. II.
HE HOHOTA, WEDNESDAY NOVEMBER 131, 1329.
JWu>. c2.
rUINTKD WJKl’KLY uv
JOHN V. IVHEELETt,
\t $f2 50 if paid in advance, $3 in six
.months, or §3 50 if paid at the end of the
year.
To sub.scrihe.rs who can read only the
fjlivolcee language the price will be §2,00
dn advance, or $2,50 to be paid within thr
year.
Every subscription will be considered as
'Continued unless subscribers give notice to
’.the contrary before the commencement of a
t»ew year,and all arrearages paid.
Any person procuring six subscribers,
4nd becoming responsible for the payment,
*hail. receive a seventh gratis.
Advertisements will be inserted at seven
ty-live cents per square for the first insor-
•tioft, "and thirty-seven and a half cents for
gaeh continuance; longer ones in propor
tion .
letters addressed to the Eilitor>
■;J)Osl paid, will receive due attention.
*1® VV y J tf A U O' .» 4D IiHIE&U-
V9AV£#J TAArt HW* JIufBA.1 l-4«).r
BQ.1E .IhWIi.IoCy KT/L D|5P (P0.IUH
.fr+AA TfTZ TEJUO-rt DejAai-rt.I.
TGPZ fI»P TJ&0-.V TB DeJ4><3 !-<».*, KT
D»T O’OJB.I I-4oty. DY.l-SoSF.Z TB y.V
O-WIT DJ1P O’eJB.J
«»vyz .invhAoiy, wp«v* m-i
.0»eimi viJBrt, Tcrz Tnjso-rt do _
jrtsipt*.!. KT.az d^p e»iy*v* O’SHb -
VUR DeJ^oUv^A.
►AGENTS FOR THE CHEROKEE
FHCENIX.
The following persons are authorized to
Receive subscriptions and payments for the
-‘Cherokee Phoenix.
Messrs. Peip.cb &. Williams, No. 20
•►Market St. Boston, Mass.
George M. Tracy, Agorft of the A. B.
C. F. M. New York.
llcv. A. D. Eddy, Canandaigua, N. Y.
Thomas Hastings, Utica, N. Y7
Toll vtid &. Converse, Richmond, Va.
Rev. James Campbell, Beaufort, S. C.
William Moultrie Reid, Charleston,
c. ,
Col. George Smith, Statesville, W. T.
William M. Combs, Nashville, Ten.
Re.v. Bennet Roberts, Powal, Me.
Mr. Thos. R. Gold, (an itinerant Gen-
Aleman.)
Jeremiah Attstil, Mobile, Ala.
Rev. Cyrus Kingsbury, Mayhew, Choc-
»taw Nation.
Capt. William Robertson, Augusta,
'Georgia.
Col. James Turf, Bellefonte, Ala.
INDAINS.
Department of War,
Office Indian .ifairs, 12th Oct.
Sir, 1 enclose herewith by direction
-of the Secretary of War, a copy of
'liis letter to the Governor of Georgia
-on the subject if the contested bouu-
.dary lino between that Stale and the
Cherokees. The President, as you
will perceive, has instituted a Com
mission for the purpose of illiciting all
the facts connected with the subject;
and this is done that when a final de
cision Is made, it may be upon grounds
eo firm, and sustained by facts so con
vincing, as to satisfy bpth parties -—
Equal justice is saught to be adminis
tered.
Gen. Coflee has been appointed to
execute the trust of collecting and re
porting the facts in regard to this con
troversy of boundary—you will there
fore possess him of such evidence, and
facts, in support of the boundary
claimed hy you, as you may think it
important for you to submit.
An order has been issued to Col.
Montgomery, directing him to remove
tjie intruders, by the 15th December;
—and to employ force to expel any
that may remain after that period.
You will see in those acts new
proofs of the disposition of the Prcsir-
.dent to do you justice. lie seeks,
only, your welfare; and whilst he
thus acts towards you in relation to
those mailers of boundary and intru
ders, he feels convinced that your hap
piness, and the future prosperity of
your people, can bo promoted, only,
by your putting it in bis power to pro
tect you at all points, and minister to
your welfare in a country, and upon
lands over which he can exercise his
^dispositions of Kindness without com
ing in conflict with the sovereignly of
States; and those other,scarcely less
formidable and destructive evils which
beset you where you are.
1 am, very respectfully
Your friend and Brother,
tho. l. McKinney.
To Mr. John Ross, Principal Chief
of the Cherokees, East Mississippi
Department of War, >
Oct 14th, 1829. *
Sir, The communications by you
lately addressed to this Department
have been brought to the considera
tion of the President.
The points submitted for his decis
ion are of unpleasant character, re
quiring on the, one hand an examina
tion into the authority which the state
of Georgia may assert over the Ter
ritory within her chartered limits, and
those rights, which by the usage of
tiie country, and solemn treaty en
gagement, attach to the Indians.
i’he principle asserted by your le
gislature, of extending the laws of the
state, throughout her own territorial
limits, appeared in itself so reasonable
and well founded, that it was impossi
ble under ail the circumstances pre
sented, to doubt as to the propriety
ol the men&ure. At an early period
therefore, when this question arose,
the Cherokees were given distinctly
to understand, that it was not within
the competency or power of the Ex
ecutive to call in question the right of
Georgia to assert her own authority
within her own limits, and the Presi
dent has been gratified to witness the
extent to which a principle so reason
able in ilstlf, and so vitally import
ant to slate sovereignty, has received
the approbation of bis fellow citizens.
This oft asserted, and denied right be
ing settle on the side of the state, to
the extent that Exccut ve interfer
ence could go, it was expected and
hoped, that a little longer continuance
of that forbearance which Georgia
had so long indulged, was all that was
wanted to assure to her, the purposes
and objects she had before her; and
after a manner too, to which phi
lanthropy t.ould take no exception.—
The period was fast approaching,
when hy the enactments of the legis
lature, thr laws of yocr'sir.tc were to
take effect, and become operative
over the Red-man as th; white, bin
der no longer to continue a licensed
crime on the plea of retaliation, was
to yield itself to the rules of civiliza
tion, and to be examined into by a Ju
ry of the country, before the accused
should be made to atone—crime hv
whomsoever committed was to he in
quired into; and savage low's and sav
age habits, to give place to the more
enlightened principles of experience
and' of reason.
Should the effect of this measure be
to induce ibe Indians to remove from
the territory in question, on receiving
from the Edited States- all that they
are justly entitled to, the President is
satisfied that a result in the highest
degree desirable will be effected, and
by means the most unexceptionable.
Their removal west of the Missis
sippi, and beyond the range of state
authority, would,he believes, greatly
tend to better their condition, that it
would carry with It, benevolence to
them, and justice to the state of
Georgia. Ilis long and large experi
ence in Indian affairs leaves no doubt
with him on this point; and however
much lie respects the motives which
have induced missionary societies and
others, to meliorate Ihe condition of
the Indians, ho nevertheless feels it a
duty to employ all die rightful means
which have been placed at his dispos
al, to product more enlarged nnd ben
eficial results towards this peculiar
race of people. If they can put in
operation, and maintain a system of
self direction, he is satisfied, that at
least in its commencement, it must be
under some well regulated assistance
on the part of the governmcr.t, and to
be exercised at places where collis
ions as to state authority shall be a-
voided. But the years gone by, since
the settlement of this country, indu
ces an apprehension that the first;
original inhabitants of our forests are
incapable of self government, by any
of those rules of right which civiliza
tion teaches. In all intercourse with
their civilized white Brothers, and
the various efforts made, and expendi
tures incurred to inspire them with a
knowledge of industry, and forgetful
ness of their crratick habits, as yet
success lias not been attained. If
they have yielded the barbarous prac
tice of burning prisoners at the slake,
they have not even after the laps of
many years, and frequent association
with the whites, surrendered the no
less savage habit of considering wo
men and children fit subjects for the
Tomahawk and scalping knife. If a
few have been educated at our schools,
on returning to their original wilds,
thro’force of the examples mound
them, they have fallen back upon the
manners and customs of their ances
tors, and assumed their habits as be
fore. With all the liberal exertions
made to relieve them from a state of
bondage & ignorance, but little of sal
utary change has been produced. Lo
cated as they arc, no different results
are to be expected. Every days ob
servation shows, that the near associa
tion of the white and red-man is des
tructive of the latter The history
of our country throughout every quar
ter, teems with evidence establishing
the truth of this assertion, and points
to tho necessity of a removal.
Previous to offering any opinion on
the subject of vour last communica
tion, it occurred to me as proper to
say thus much to you, in relation to
those matters which heretofore have
been in revision by the President.
The application now submitted, has
been brought to the view of ihe Presi
dent, and every thing resting in con
nexion with it fully considered.
The State of Georgia maintains,
that the true separation bet ween the
Creeks and Cherokees is a line cross
ing the Chatalioochee at or rear Su-
wanny Oid Town, and stretching
thence westwardly along an Old Indi
an trail to the Etowah River, and
down its stream, leaving involved in
the controversy something more than
a million of acres of laud. It is upon
a portion of this territory, thus in dis
pute, as to who rightfully can claim,
that certain citizens of Georgia have
settled, and which now under Treaty
stipulations, entered into between the
United States and the Cherokees, are
alleged to be intruders, and it is ask
ed, that the government will employ
its power to remove them.
On the other hand, it is asserted
hy the Cherokees, that the boundary
division between themselves, and the
Creek Indians is a line running from
the Buzzard Roost on the Chatuhoo*
die River west, to the mouth of
Wills Creek; anil that this line has
been recognized by the United States
iu the survey which took place in pur
suance of the treaty of January 1826
concluded at Washington City.
While this application is pressed
with a full assurance of its propriety,
the Executive of Georgia, acting un
der legislative instructions, demand
that from this contested boundary tho
Indians shall be required to depart,
and the military arm of the country
employed for that purpose. Both
demands cannot be acceded to; one or
the other is right, and that which is
right, must be sustained.
From information presented to Ibis
Department, furnished by Georgia, it
appears, that in past time, the ac
knowledged lino of seperation. be
tween the Creeks nnd the Cherokees,
was across from Suwanny Old Town
to the Sexas village on the Etowah
River; and that the line now claimed
from the Buzzard Roost west, to
Wills Creek is founded on an agree
ment entered into, or admission made,
on the part of the Creeks in 1821,
from whifh lime to the present^it Inis
remained the acknowledged boundary,
and has been so admitted whenever
the United States and Georgia have
had reference to it. But it is insist
ed that this agreed line is to be ludd
void, because the parties to the ar
rangement, the Creeks and Cherokees,
were incompetent to an alteration, as
to their ancient boundary, without the
actual, not constructive consent ot
the United States and Georgia, who
are parties to the compact of 1802:
the latter denying that any arrange
ment entered into hy the Cherokees
and the Creeks as to a bound-,y
which affects her rights, and her do
main, can have validity, unless ac
companied uy the sanction of the U-
nited .Stales. The argument appears
to carry with it force and plausibility;
yet it is such ail one, as the Execu
tive Chief magistrate will not. under
take for the present to decide, choos
ing rather to refer it, to a different
tribunal.
A compact in 1802 was made by
the United States, and Georgia. By
that agreement, all the territory of the
State, west of a certain line was ced
ed, and as matter of condition the In
dian title to lands within the then re
served limits of the State, early as
practicable was to lie extinguished
for the use of Georgia. The Creeks
and Cherokees were the only Tribes
at that time within the limits of the
state; and what their line and bounda
ry of seperation then was, appears to
be .the true point presented for con
sidering, and settling this question.--
If at that period, the boundary by
iinth •'ifinna was siM.»r>rie»i,l In he f>* n, ‘
near the Buzzard Roost, and to run
thence westwardly to Will’s Crock;
and that its establishment in 1821 was
but the mere recognition of wliat be
fore had been understood by and be
tween the two nations, then should it
be admitted, that the Cherokee claim
to this disputed territory is fairly es
tablished, and the United States in
virtue of their treaty engagements,
placed under the necessity to protect
them against intrusion upon their
soil.
It is not admitted, that the Creeks
and Cherokees were capable to con-
tract, so as to alter their boundary,
without the consent of the ether par
ties in interest. If the Creeks could
vary the condition of tilings, and by
altering their boundary, place a part
of their country at the disposal of the
Cherokees, they could with equal
propriety have disposed of the whole
as well as a part, nnd to any other
Tribe of Indians ns to the Cherokees.
And if it be conceded, that they pos
sessed a power to transfer at all, then
was it nut necessary far it to take
place with the Indians, inasmuch as
ihe concession being made, it would
enable them to convey it lo any for
eign power. The Indians of this
country are under the restraints of our
laws. It has been so considered, and
so acted upon by the judiciary, as
well the legislature. Ann nest o-
ther restraints is this, and whi h 'he
Judicial Department of the govern
ment lias recognized as founded upon
the established rules by Great Brit
ain before her acknowledgment of
our independence and our own legis
lation since, that to none other than
(liegovernment can a sale and trans
fer of any portion of their soil be
made, and that Indian title at bv.st, is
to be considered a mere occupancy.
If a western line from Suwanny Old
Town to the Etowah River, and
down that stream formed the bounda
ry between these tribes, at the date
of the compact in 1802, it is dillicult
upon principle to conceive, how it
could he changed without the assent
of the United States, or even that
such recognition and assent could
have rendered it valid, apart from
Georgia, who had the ultimate, in'er-
est and right in tlie soil. By tlie Jaw
and previous usage, it was not com
petent for the Creeks to part with
their lands to any other than to the
United States; nud if that shall be con-
1 sidered a valid authority, then is it A
matter for solution, if the line of 1821
from the Buzzard Roost to Will’*
v,reek may not be considered void for
want of authority in the contracting
parties to establish it.
Another point of xiew in which
this subject may be considered it,
that the United States and Georgia
iu making their compact in 1 J(J2,
must have considered it iu refit. i< nee
to the state of'tilings, and of the par*
ties to it. then existing, with nr> c 0 m-
petent acknowledged authorey .6
change those relations, hut wifi- the
consent of the parties contracting.
It the Greeks, placed under a necessi
ty to part with their soil, could de
feat the transfer by surrendering a
portion to the Cheroke.is or to anf 6-
tlier power, the force of the reasoiV
ir.g would still continue, and oft as a
successful effort lo acquire the title
from either should be made, some
new claimant might present himself 1
asserting a right under a previous un
derstanding with those tribes, and
thereby dal'eat from time to time, the
just expectations of the government.
Assent to the principle, and in future,
when a u ssion shall be made by the
Cherokees, the Chickasuws or some
other nation of Indians may interfere
and allege that by 6omc former uiuleiv
standing their line had a pnrtlri !af
location, by which (hey also assert a
title, and thus a new purchase, and ft
new treaty be rendered necessary, as
often as a new' claimant under som*
plausible pretence could be prorUir off!
the embarrassments to which, on
Slid* ii_i I Iu, nriivor-nmtf'til rninLc.
hereafter be exposed in flff^fmrVY.asct
of Indian lands, by permitting infinite I
and irregular transfers and settle*
ments, to be regarded as evidences of
title, are readily and at once to be
perceived with much of injurious
tendency to the public interest.
The proper ground to be assumed,
being as it is considered a mere inquiiy
ns to the boundary, is, whether the In
dians without the consent Of the Uni
ted States and of the State of Geor
gia were capable to alter or change
the boundary from what it wasuidtr-
stood to be in 1802, and to refer the
decision of the respective demands
hence arising to the result to be ar
rived at, on a final inquiry and exam
ination into this question
Those being the views entertained
hy the President on this subject, it is
concluded by him to send some cc-iit-
petent and faithful representative to
ascertain far as practicable what is
to be considered the actual and trad
boundary between the Creek and
Cherokee nations, the precise period
at which the line from Buzzard Rcost
to fTill’s C reck was made, and the
circumstances under which it was J-
greed upon, with whatever evidence
calculated to disclose certainty, oiay
i be obtained. And while lie is not
disposed to countenance our red bro
thers in pretensions to whith they nr«
not entitled, from which '•> tin .irrf«
6istab!e decrees of fate the\ are ex
cluded; some ot whit h could be oi no
advantage to thorn if allowed, and
which in the nature of tilings they
would soon ho under a necessity 1 o r o-
linquish, he nevertheless regards i' a*
an obligation of the most sacred t bar*
acter, to maintain a faithful guardiair
ship towards them, and to preserve
his administration of Heir affairs 7 ,
from the slightest imputation of in
justice, and in a cordial co-opc ration
of the authorities of Georgia to sus*
tain him in the execution of this trust,
he confidently relics
Pet mil me in conclusion to observe^
that the President is duly sensible of
the patience and forbearance which
the State of Georgia has exercised 1
in the protracted and to her injurin'*
delay to which the satisfaction ofbei*
just demand have been already ex
posed.- lie can make all proper al
lowances for anv impatience 6he inay
occasionally evince upon a subject
which to her is of such high interest
and in regard to which the feelings tT