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] 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