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CHEROKEE PHOEXIX AND INDIANSTADYOCATH.
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J
pf the Indians: and that any proceed
ing, in opposition to these principles,
would be altogether unjustifiable; and
aut b as should never be expected from
a Christian people.
Deeply impressed with these views
the Committee would affectionately
recommend it to the members of
this’Board and to the Christian com
munity, ,t© offer up fervent and un
ceasing prayers to the God of heaven,
that all the measures, which may be
adopted in relation to the Indians,
may bo dictated by justico and be-'
nevolence; and that the efforts which
may be made for their temporal and
spiritual welfare may be crowned
with entire success.
GOV. FORSYTH’S MESSAGE.
The following paragraphs in the Mes-
,{Sige of Oov. Forsyth, relate to Indian af-
A’.rs.
Soon aflcr the adjournment of the
fast General Assembly, the necessary
measures were adopted to carry into
effect the Resolution of the 20th De
cember 1828, relative to the land in
the possession of the Cherokees, be
lieved to have been comprehended in
(be contracts made with the Creeks
by the General Government.
Commissioner, (Col. Wales, of Hab
ersham,) was appointed to collect in
formation in relation to the boundary
line between the Creeks and Chero
frees. His report, with tlrtf evidence
collected* bfjiim,. having Efficiently
established in the’opinion of the Exe
cutive, that the prtfpcr lino between
the tribes in November 182^, began
at Suwanna Old Town and ran thence
to Sixes’ Old Town on the Hightow
er, thence down the Hightower, to
Hs junction with the Oostanahlnh, and
thence by the Old Creek path to the
Alabama line, Col. Wales was au
thorized to employ a competent sur
veyor and assistants to run and mark
the line. Copies of the instructions
to the Commissioner—of hi© report
of the evidence collected by him, and
of the Map of the line marked under
Ws direction, are herewith corrtmunb
< coted.
The Territory in question is cstim
4ted to contain 1824 square miles
or 1,137,360 acres—the soil is rep
resented to b* fertile.
As soon as the line was run by the
Surveyor, under the directions of our
Commissioner, (the evidence collect
ed mving been previously transmitted)
a map of it was sent to the President
of the United Stales, with a request
that he would have the Indians upon
the ' I’erritory removed. The answer
of the President to this application,
delayed by the accidental miscarriage
of the map first prepared for bis use,
lias been recently made through the
' Department of War, in two commu
nications, herewith presented to you.
In the first, we arc told, ‘ the Presi
dent considers it improper for Irim to
offer any opinion on the queartion of ti
tle,” b it earnestly desires that Geor
gia Will forbear any course tlibt may
, Appear compulsory. In llie Second,
we arc informed that the President
prefers to refer*he matter, for the
present, to a different' tribunal. To
. Cdllec.t evidence on the facts, upon
which the claim of the State to ihe
occupation of the lands is founded,
tbc principles upon which that claim
fesu, being substantially admitted by
the Secretary of War, a gentleman of
Jiigh character haf' been selected,
General Coffee, of Alabama, who
will proceed immediately to the cx-
. peution of his trust. The complaints
pf the Cherokees of intrusions upon
their lands, have produced an order
from the War Department, for Ihe
removal, after the 15th December, of
those white persons who have settled
between the ancient and modern lines,
separating the Creeks and Cherokees.
This order is a decision against ns un
til further inquiry. To what tribu
nal allusion is made, Is not explained.
We cannot object to any investigation
of the facts deemed necessary to jus
tify the removal of the Indian*; but
the character of the State would be
oompromitfed By any attempt to en
ter into an investigation, as trie ad
versaries of the Cherokees, before
*oy Commissioner, however recom
mended by his important services and
spotless integrity. What i» most to
be regretted, is the determination of
the Federal Government to enforce
' |he law regulating trade and inter
course with the Indians. If the evi-
i donee collected by our Commissioner,
proves that the land between the two
lines is comprehended in the last
Qpek contract, the law of Congress
does not apply to it: the Cherokees
are not the rightful ocoupants.—
If they are rightful occupants, ijie
law of Congress, the question of its
constitutionality being waived, cannot
operate after June 1830. II not al
ready within the exception of the 19th
sect ion of the act, in June next the
Cherokees jn Georgia will become so,
as they will be within the ordinary
jurisdiction of the Slate. Hope is
entertained that circumstances may
allow the Secretary of War to coun
termand the order before the time
arrives for its execution, and that no
occurrence will produce any excito-
ment or collision between the General
and State Governments. The appli
cation to the President of the United
States to interfere, vvas inconsistent
with our alleged rights to determine
all such questions without the inter
vention of the authority cither of the
Executive dr Legislature of the U-
nion; but having been made, in defer
ence lo,past usage, anil from a sincere
desire to act in concert with the ad-
ministiation of the General Govern
ment, a regard for consistency, not
less than a due respect for the author
ity to which we have appealed, unite
to compel us to wait tranquilly for
the decision we have invoked. The
only subject for consideration seems
to be, whether in anticipation of lhat
decision, be itftfVorable or adverse to
the State, sonte preparation is not
proper for the survey htul disposition
of the land daring the current year.
By this coarse, if the Indians are re
moved, the country will be earlier
made useful to the State, and no oth
er belter mode presents itself for
INDIAN WIT.
A town law was once passed in
Connecticut, imposiug a heavy penal
ty on ai\y one who should sell, or give
cider to Indians. An Indian, notwith
standing the edict, was found fre
quency drunk. Complaint was made
to tl(e civil authority, and the Indian
was brought before them, in order
that be might tell where he got his ci
der. You know, said ho, who live on
top de hill? Yes, In red house *
Yesl yes—Got great wood pile fore
Ills door. Yes, yes, wc know.
Great wood pile, little sticks,. Yes,
yes, we know who you mean. Well,
no get one drop there. We do not
want to know, said they, where
you did sot get any, but whore you
diib We^, ' I tell you, you know
who live «pwn by the brook? \ es,
Got many tr^c, make great deal cider.
Yes. His wjfe little woman. Yes,
yes, we know trho you mean. Well, I
call in there, te\j his Wife I want eider*
The expectations of the court were
now raised to the highest pitch. 4-1
And
temperately asserting the claim of
the State, should unfortunately the
Chief Magistrate of tho United States
ultimately differ with us in the ques
tion of right. In your deliberations
on this subject, you will not fail to
bear in remembrance the grateful
fact, that the present Federal Ad*
ministration is duly sensible of ihe
long tried forboarance of the State
and oitv unfeigned anxiety to have
oct claim adjusted, and rigids en
forced without further angry discuss
ion* and with the least possible incon
venience to the only Tribe of Indians
which can now bo affected by them
Nmvc tho satisfaction to communi
cate another correspondence with the
Department of War, on the subject
of the Indians—the Creeks and Clior-
okecs. The opinions upon- which the
act extending the State laws over (he
Indians within our territory is founded,
accord with lliosfe of the present ad
ministration of the Federal Govern
ment. In the exercise of sovereign
power, limited as it is, only by the
Constitution of the United Stales,
there is little danger of our again
meeting with formidable obstacles
from tho imposing authority of the
Executive of the Union. While in
dulging sanguirfe expectations, that
the compact of 1803 will be fulfilled,
or put in train for fulfillment before
dun6 1830, prudence requires that
Legislative provision shoftld he made
on tho possibility that those expecta
tions may be disappointed. The In
dians who may continue within our
jurisdiction after June 1830, will be
subject to such laws* as the Legisla
ture may hereafter prescribe. Great
care is necessary to mature provisions
for the protection 6f (hfefr persons and
property,if they are to remain in the a'
nomalous condition in which they are
to be placed by the act of 1828.—
Tribunals for the (rial of Indians ac
cused of crimes are to be designated,
and the forms and rules of proceed
ings established—the courts which
ore to have jurisdiction for the re-
dresS of ii\jurre* Inflicted by them or
upon them, where thb hiflictor or suf
ferer is an Indian or a white man, are
to be ascertained or created by law,
and-the mode of proceeding prescrib-
ed-*-!low Guardians are to be se
lected for them—the authority and
privileges of those guardians when
selected, require mature reflection
and careful legislation. The charac
ter of the Stntt for generosity & mag*
nanimity,dictates enactments asliberal
iw the moral •* intellectual condition
of this dependent people will permit.
Whatever,in the exercise of a pru
dent forecast,may be determined up
on, one provision is required by a due
regard to our position, as a member
of the Government of the United
States; a small tax should be imposed
upon all the Indians within our Terri
tory, that in the next general census
they may be enumerated and form a
part of our Federal Representative
populating.
what did she say! She say no, L nO
give you cider, you drink too much—
I give yon victuals, any tiling you like
best. I say, well, 1 like toast & cider.
Here the complainant stretched out
hisneck with eagerness. And did she
give you any toast and cider? No,
she bad woman, she tell lie—she give
me nothing but bread .arid cheese, I no
get one drop there. Thus be went on,
giving long descriptions, and leflding
them to believe that they were on the
point of receiving important informa
tion, ibut always eliding with ‘Nogct
one tlrop there,’ till they were ob
liged to dismiss the court as ignorant
as wi|cn they began.
Philadelphia Souvenir.
1 ULIU
saw satKOTAt
WEUNF.SDAY, NOVEMBER 25, 1829.
Wc have seen the documents to which
Col. M?Kenncy referred in his letter to ns.
Let it be distinctly remembered, that the
point tk be proved is, the tire'll body of the
ChcrOtees are anxious io remove, and that
the chiefs deter them from enrolling. In
justice to Col. M’Keniley wc give below
all the evidence he has produced—the pub
lic will j-jdge whether be has made his
word good.
Extract of a letter frodi Colonfl
Hugh Montgomery to the Secretary
dt War, dated Cherokee Agency, 28tH
Sbptember, 1828:—
“We (the agent and sub-agenf)
then Crossed the mountains, visited-
several of the villages in what is call*
ed the valley towns. We found that
the runners had been there also a-head
of us, and the chiefs prepared with a
reply, which was generally that they
liked the country &were determined
not to remove; here we learnt that
one man who had talked of enrolling
had been driven out of * company and
not suffered to drink with fliem, and a
report had been circulated that the
first man who enrolled was to be kill
ed.”
Extract of a letter from Colonel
Hugh Montgomery to the Secretary
of War, dated Cherokee Agency, 21st
October, 1838:
“1 bad occasion to mention to you
several times the personal hostility
which those people had expressed
against Rogers and Maw, oh account
of their mission to this country, but
had hoped that it would end in emp
ty threats; especially after they un
derstood that these men were on the
employ and entitled to the pro
tection of the United states Govern
ment. But as the limes had be*
come alarming to those who are op
posed to the emigration business,
and as several had enrolled, and a
considerable number especially in
this neighborhood had agreed to en
roll, and wc were about, to break
into some of the most influential fami
lies, they seem to have come to the
determination to put Rogers (who
was the most active) down at all
events—and on Friday last, James
Speer and Archy Foreman, two half
breeds came to the Agency, where
they staid tmtill evening, and I sup
pose learnt that Rogers had gone over
to Calhoun. Foreman crossed the
River ’intfte evening, Speer* not un
til dark, when he came into the
house where Rogert was sitting,
and without speaking a single word to
him, struck him on the head with a
rock, supposed to weigh near four
pounds, which it is thought ho took
over the river with him on purpose.
There were present two or three
white men who endeavored to prevent
further violence, but were kept off
by Archy Foreman who they state said
that Speer was bis brother-in-law and
should do as he pleased. Rogers
states that when he came to his un
derstanding he saw Sneers sitting in
the piazza, and asked him the cause
of the assault; Speers said lie had not
given him his satisfaction, but if he
would only tin me Arkansas or emi
grant*, that he Would. Rogers
replied that was his business and he
wa* obliged to do so, lie again struck
him on the head .with a large rock.
Rogers is badly cut and bruised on
the head, hut is about again* This
without protection from flic Govern
ment will put a check if not an end
to the emigration here. The hosti
lity is not Confined to Rogers and
Maw only, but to all concerned, and
all those who have enrolled Or talk of
it; several I understand say they
would enroll but are afraid of person
al abuse. I have promised them pro
tection, but fear I shall not be able to
perform, ax I have no force at my
command.
“I have engaged two of thoso who
have enrolled, viz: Major Walker
and Fishtail, to oct orf those around
this place, but the threats are snch
that 1 fear they will decline.”
“Just while writing, Wm. Petit, a
half breed, who enrolled yesterday, ar
rived, having been driven from his
houAO before day by a drinking party:
he state* that they came to his house
just before day irfakiug hard threats;
he caught up his gun, and lhade his
escape, ond has sent for Bis fami
ly-”
Extract of a letter from James
Rogers to the Secretary of War,
dated Calhoun, Dec. 2G, 1828:—
“The Cherokees opposed to the
emigration of the Indians cast of the
Mississippi, held out their enmity to
wards (hose emigrating to the west of
it”-—“showing at once, not only the
hostility lo the white people living
with them, but a contempt for the
government of the United Slates.
On yesterday, I rode about n mile
from the' Cherokee Agency, and was
attacked by the Path Killer, tin In
dian, who struck me several limes
with rocks, and who avowed his in
tention to kill ine, and any one who
would aid me in my business of en
rolling the Cherbkces for Arkansas.”
“If the government wishes to carry
the exertions that are bow making
into pffcct, it will be necessary that
they should semi a Small force here
to protect the persons actually en
gaged on the part of the government,
as times look very squally here I as
sure you.”
(copy.)
Cherokee Agency, 3d Jan. 1829.
SiR:*~Ofl Christmas day, Major
Walker, an emigrant, unfortunately
went to an Indian dance, about 4
miles froth this. As soon as he ar
rived, Archy Foreman, (the Some
who was concerned in the assault on
Captaih Rogers with Speers,) and
others, commenced an assault on him
and beat him so that his life was des
paired of, or at least doubled for
several days. A physician was
called hrtd sent out to attend him, and
I have declined reporting the case,
until I found whether he would live Or
die. Me has so far recovered, as to
return (o the Agency.
It is thus that thoso Indians are left
to exercise their own pleasure on the
subject of emigration.
Respectfully, your obedient;
(Signed) H. MONTGOMERY.
Hon. Secretary of War.
These arc then the documents,-by which
we Were to fie convicted of falsehood, and
the assertion of Col, MOftenney put be
yond a doubt. If they are sufficient, their
design has been effected loAg ago, and by
our OWn act, for fhe reader will find these
same documents (except the extract of a
letter from J imes Rogers) in the firpt num
ber ofthe present volume of the Cherokee
Phoenix. Wc wish our readers to turn to
them.
Now, (and we say it with proper re-
spect) we had reason t© expect something
more. We did not think that any eviiU
cncc could be brought forward to prove
the point now in dispute, bat that letters
which we had already published would be
produced as decisive in the case, is what
we did not conceive.
The above extracts, if they prove any
thing, prove that.the popular feeling of
the Nation is decidedly opposed to a re
moval. Though we have no reason to be.
lieve what is said ii *11 true, yet for the
take of placing the matter plainly before
. ear readers, we will'aderjt them «s facts.
111,11 1111 ■'.mi——mmmmMauummeu
1. Col. Montgomery does not say that
the Chiefs ofthe Valley Towns were not
acting for the people, when they replied
<f that they liked the country and wera de-'
termined not to remove.’* We do know
positively that they did reply in lehalf and
with the approbation of the people. This
we are prepared to prove if it is disputed...
Perhaps the best comment on this part - of
Col • M*ICennOy*| evidence is the fact, th&t-
since the commencement of the emigration 1
business, not One family has enrolled in tho
Valley Towns.—Col. Montgomery sayte
“Here we learnt that, one man who JlaiL
talked of enrolling had been driven out d£
a company and not suffered to drink with
them.’’. Is Coif M’Kcnney prepared to
tell the pubbe that this was a company of
Chiefs who drove the man out? No* It
wa* a company of cotnmon people in u
drinking frolic—a company of meh who
are said to be under the sway ofthe Chiefs*
and out of which only' one man talked of en»
rolling. Probably he was drunk, and wag
driven out by his drunken comrades.
2. In regard to the account ofthe affray
between Rogers aad Speers, we would ob**
serve, that only one party has been heird.
We have only the bare statement of
gers, wli© says that he was punished ft» in*
ducirtg the Cherokees to emigrate. Wo
have understood that the affair was person*-
al and of a private nature. But supposing
the account of Rogers be ’true, to vjhat
does it amount? Does it prove thst the
great body of the Cherokees axe anxious
to remove, and that they are deterred
from enrolling by the Chiefs? If it does*
any thing may be proved. Spears is not ft
Chief, nor was Regers an emigrant, hut
was engaged, in interfering, very improp*
crly, in the concerns of the Cherokees.—
He would expect no better treatment when
he indulged himself in drinking frolics.—
Spears being a common citizen, ihe affiif
between him and Rogers is only another',
proof that the common citizens of the Che?
rokce nation are opposed to a removal.—
William Pettit is said to have beyn driven
from his house—by whom?' By the
Chief si No. fly the people vsho are anx
ious to remove. If the statement of Mr,
P. is true (and for the sake 6f argument we,
*ill believe him, though a very different
story would probably be told by the othe$
party, if they were allowed a hearing)
how is the assertion of Col. M’Kenney sus
tained by it? It docs not appear very like*
ly that those who want to go west would
turn one of their number out of doors, an$
persecute him for believing as they do, ,
3. It appears that James Rogers wrote
a letter to the Secretary of War, complain
ing of a certain man by the name of Put!*.,
killer, whom he calls, an button, for at^
tacking him with stones &c, Col. M**.
Kenney lays this letter before the public
to prove that “the great body ofthe Cher*,
okecs are anxious to remove, and that they
are deterred from enrolling bvthe Chiefs?*
Whether it has any bearing on the ques
tion the public can judge. Who this Path*.-
killer is we know not—that he is not one
ofthe rulers of this nation, wi arc pretty
certain.
In our remarks' on the speech of CoL
M’K.cnoeyb* ore the Indian Board, We us.*.
ed the following words* We do not, bowcv*
er, wish to believe that his £Col. M’Ken
ney] misrepresentations are wilful—It may
be he is led astray V his “secret agentsS*
Col. M’Kenney -eplled, in the commjnicar
tion already published, thus: “The prior
elpsfl bearing of my remarks in my address
as quoted by you was upon the Creeks;
but I know it, so do yod know it, tb«
great body of your people want to get as
way from the evils that threaten them, and
go West-*-you know it and f know it (and
hot from setret agents either) that pour in
fluence, and the influence <st * Very few,
d/Ster fhe body of your people from making
terms.” To sustain this very hasty and
untenable assertion, a letter of James Roe
gers is published. Now we arc prepared
to prove that this same James Rogers wu
a secret agent of the Government In *
letter to Col Hugh Montgomery, dated
May 37th 1828, Col. M’Kenney says:
“I am directed by the Secretary of
War, in addition to* the above, to say
that Capt. Rogers is confidentially em
ployed to go to the Cherokees, ant^
explain to them the kind of soil, cli
mate, and the prospects that await
thorn in the west, and to use, in hiq
discretion, the best methods to induce
the Indians residing within the char
tered limits of Georgia to emigrate
As much, if not ail bis success will
depend upon the , keeping of the ob*
ject of Ssis visit a Ocrtt t you will by nq
means make it known.”
There is another thing in the letter of
James Rogers which is worthy of remark.
He says of the Cherokees, showing at one*;
not only the hostility to the white petplt
living with them” 4 c, Jlere it is said Jy