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CHEROKEE PHOEXIX AND INDIANSTADYOCATH. '•* 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