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CHEROKEE PH1E ¥IX, AND ODUMS’ ADVOCATE
PRINTED UNDER TIIE PATRONAGE, AND FOR THE BENEFIT OF THE CHEROKEE NATION* AND DEVOT D Tti THE CAUSE OF INDIANS..—!:. HOLDINC’TT, EUiTtiR.
II,
NSW ECHOTA, WEDNESDAY DECEMBER 3, 1329.
Kb. 34.
jyo. F. VV:I3SLa.<,
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A0ENTS FOR THE CHEROKEE
PHtENIX.
The following persons are authorized to
receive subscriptions and payments for the
Ohoroker Phx-nix.
Messrs. Prunes &. Wim.ums, No. 20
placket St. Boston, Mass,
(tsor.os M. Tracy, Agent cflhe A. B.
C. F. M. New York.
Rev. A. D. Eddy, Canandaigua, N. Y.
Tti (» >»\s 1I\6ttnos, Utica, N.- Y.
Pol.BARD Ik. Convkrse, Richmond, Va.
U< v. James Campbf.ll, Beaufort, S. C.
Wjt.mvm Moultrie Reid, Charleston,
§ C
Col. Geohof. Smith, Statesville, W. T.
William M. Co.Mns, Nashville, Ten.
Rev. Bennet Roberts, Powal, Me.
Mr. Titos, R. Gold, (an itinerant Gen
tleman.)
.!erf.aiiMl Arsrii,, Mobile, Ala.
3tev. Cyrus Kingsbury, Mayhcw, Choc
taw Nation.
Capt. William Uobertson, Augusta,
^Georgia.
Col. James Turk, Bellcfonte, Ala.
MMKr.-sSuOUAVl
IN PAINS.
From the National Intelligencer.
PRESENT ( IIISIS IN THE CONDITION OF
Tilt AMERICAN INDIANS
NO. XtlU.
As Georgia is so strennons an advo
cate for State Rights, and protests so
strongly against any interference on
»,!k.‘ part of the General Government,
the inquiry how fur site has herself
,<icknimlodged the national character
of the Creeks and Cherokecs becomes
peculiarly interesting.
Iu 1738, Oglethorpe renewed the
treaty of friendship and alliance, of
which an abstract tvas given in my
Just number. The next year he took
a journey into the wilderness, four
hundred miles, ns the distance was
then computed, having been previous
ly invited thither by the Creeks of the
XJowcta towns; where he was receiv
ed with the greatest'kindness, and hail
the opportunity of conferring with de
puties of the Creeks, Cliickasaws,
und Clierokees. On the 7th of Au
gust, another treaty was made be
tween him and “the assembled estates
of all the lower Creek nation.” This
way be called
{THE SECOND TREATY OF GEORGIA
WITH TIIE INDIANS.
The instrument begins by enume
rating the towns and tribes of the
Cvceks, which were represented in
the council. The Indians then de
clared without a dissenting voice, that
they adhered to their ancient love to
the King of Great Brilnih. They
next declared, that all the territory
from the Savannah to tin St. John's,
with the intermediate islaivls, and
from the St. John's to the bay of Ap-
pnlnche, and thence, to I he mountains,
‘.‘doth, By ancient right, belong to the
Creak n.ii.v. win have maintained
possession of said right against all op-
posers, by war, and can show the
heaps of bones of their enemies, slan
by them in defence of the said lands.’
They further declared, that they
were under the protection of the King
of England, and would not suffer the
Spaniards, or any other nation but thv
English, to settle upon the territory.
They acknowledged that they had
granted to the corporation for which
Oglethorpe acted ‘the lands from the
•Savannah to the St. John’s, and as far
hack from the coast as the lido flows.'
But they reserved to themselves three
islands, and a small district adjoining
Savannah.
Oglethorpe engaged, on his part,
that the English should “not take any
other lands except those granted by the.
Creek Nation to the trustees '’ and
that !m would punish any person who
should Intrude beyond tlie limits. lie
issued a proclamation immediately af
terwards in which he says: ‘ Know
ye, that you are not to take np or set
tle any lands beyond the above limits
settled by me with the Creek nation.
About the year 1710. a man by the
name o^Uosomworth, having married
a h?If Indian woman, claimed, in her
right, all the lands in the pessession of
the colony, and artfnfly induced the
Creeks to support his claim. He
greatly endangered the safety of Sa
vannah. and put all the settlements
into the greatest alarm. It is not a
little curious, that he instigated the
Indians to assert that Oglethorpe and
his followers had been merely tenants
at will of the Creeks from the begin
ning; applying the same phraseology
to the whites as the Legislature of
Georgia has recently applied to the
Clierokees, and with murh giontor
plausibility. Although Mr. Stephens,
then Governor of Georgia, did not ad
mit the claim of Bosom worth and his
wife, yet the whole affair evinced that
it would have been idle and dangerous
for (lie settlers to have pretended any
other right to the country than that
which they had acquired with the
consent of the natives *
Before 17G0, a destructive war ex
isted between the Clierokees and the
Colonists of Virginia, tho Carnlinas,
and Georgia. During the contest
many cruelties were perpetrate I r.n
both sides. The southern Stales
Were unable to defend themselves,
and applied for aid to Gen. Anihoist.
commander of the British forces in
America, from whom indispensable
resistance was received * treaty of
peace was at las! mode ’.ofween the
Cherokee* and (lit 1 Colonists, the
terms of w hich I do not find.
Soon after the dose of this war.
Capt. Steuait a sagacious and intel
ligent man, having been much aeqitnin-
ed with the Indian character, was ap
pointed, by the King, Superintumlaut
of Indian Affairs for all the territory
south of Virginia Me convened a
general congress of Indians at Mobile,
whore lie made a long speech to
them, addressing the different tribes
in succession. At the close of Ills
speech he said:
“Lastly, I inform you, that it is the
King's order to all his governors rnd
subjects, to tieat Indians with justice
and humanity, and to forbear all cn-
# Il is nremarkable fact, that Bosotmvorth
induced tlie Creel; Chiefs, or rather a f.-w
of them, to appoint a general agent to
transact their business for them, and then
inveigled this agent to make a deed to him
[Bosnmworth] ofthe tlirep reserved islands,
and the small tract near Savannah. After
he had occasioned much trouble to the colo
nial government, he went to England, and
commenced a suit on the strength of this
Indian grant> The litigation continued
twelve years, when one ofthe islands was
adjudged to him. lie returned to Ameri-
ica, and he and his wife lived and died on
the island. From the account of this law
suit, which is given in M’Call*s History of
Georgia, it would seem as though the En
glish tribunals not only admitted the valid
ity of Indian t’tle, but of Indian grants to
individual. Sometime afterwards the
King of England prohibited his subjects
from making purchases of laiyl tVojn the
natives,
crouckments on t,ie te n dories allotted J u>
them. Accordingly, all individuals
are prohibited from purchasing any oi
your lands; but as you know that your
white brethren cannot feed you when
von visit them, unless you give them
grounds to plant, it is cxpecteu inal
you will rede lands to the King for that
purpose; hut whenever you shall he
pleased to surrender any of yottr tern
lories to his Majesty, it must be done,
for the future, at a public meeting of
your nation, when the governors ot the
provinces, or theosiporSntendent, shall
be presort, and obtain the consent of ail j
your people- The boundaries of your
hunting grounds will be accurately
fixed, and no settlement permitted to be
made upvi them. As you may be as
sured thot all treaties with you v, ili
be faithfully kept, so it is expected dial
yon also will lie careful strictly to
observe them.”
It is not accessary to detain the
reader with any comments on thes-
declarations of the authorized repre
sentative of (lie British Crowir o.ily
let them he compared with the pres
ent- claims of Georgia.
TREATY OF AUGUSTA; OR FOURTH
TREATY WITH THE INDIANS. IN
WHICH GEORGIA WAS A PARTY.
A great meeting of Chiefs of I he
Cataba, Cherokee, Choctaw, Chicka
saw, and Creek nt.tions, was convened
at Augusta, by invitation of the Colo
nists, at which were present Gov.
Wright of Georgia, Gov. Boone, of
South Carolina, Gov. Dobbs, of North
Carolina, Lieut. Fauquier, of Virgin
ia, and Capt. Stcur.rt, Superintend
most evidence ol savage manneis L
this transaction.
Ik 1773, a convention ofCrcci;.
anil Clierokees was held at August,
when another tract of land was ceded
to the colonists, in payment o.
debts.
When the revolutionary war broke
out the Indians took the side of lb
mother country A peace was con
cluded with the Clierokees by the
Commissioners of Georgia, at Duet s
Corner, South Carolina, May 20,
1777.
Hostilities were afterwards re
newed. In May, 1783, the Chero
kee Chiefs were invited to Augusta,
and six distinguished men were ap
pointed by Georgia l« negociate with
them. A treaty was concluded on the
30ih of that month, establishing tin
boundary of tin.- ( liuttalioechy, which
remained the line of dcninrkation be
tween Georgia and the Clierokees
til! long after the treaty-making pow
er had been given to the General Gov
ernment
This treaty was declared to be I
made bet ween the slate of Georgia |
(tlu i), as averred by that instrument, i
in the seventh y>ar (j its independence) I
and, “the head men, warriors and
chiefs ofthe hordes or tribes of Cher- "
okec Indians, in behalf if the said :ia• ;
lion.”
The two objects of the treaty j
were peace and a definite hnundniv. j
both of which w ere obtained on the
undisputed basis of tlie Clierokees j
being a “nation. ” and having ten ito-
i iu I rights. Why is not Georgia |
I no ohoCiiiivs ,ii 111
at ilic thought ol being removed. It
is a painful subject to their heartse
t'lic most enlightened among Uie of,
as well as Choctaw while men, all
view the subject alike, as Jar as J
know. 'I he late language ofthe war
Department & of the President to tlrC
Clierokees, appears to thun to be ve
ry unjust. The memorial of thfe
Clierokees is a noble document, and
worthy a place in any public.,;ion.
And I w ould it were printed in mauy’fcf
our most popular papers and periodic
cal pamphlets.
II these ChrfctnwS nro removed,
it will ho effected e.ontraiy to their
pleasure, judgment, choice, and inter*
est. They will yield because they
will lie obliged to A removal
would be attended witb unnun Urcij
sacrifices, in lands, homes, sto< i s,
Schools, and the Gospel. The nalioft
must of necessity he thrown into di#-
oniei The aged., the young, ju.d \n4
poor, must suffer immensely And
those who may reach their h nes
beyond the Mississippi in safely, may
expect to suffer much from sickness,
; ud from famine, and from contenticue
with other tribes. Besides, flit rtf
will he much trouble Iv the Way
And after years and years have passed
away, they may possibly be as ' * Il
provided for in t!;eii r.ew country
they now are here. This is the ut
most they can expect. Pv that i:m<7
there w ill he a new Preside . < "ctr
white people, new settlors pi-s-. n
tors ot
Indians
till! lilill.MIS
I- now ns well
hound hy this treaty, made by herself, i liierefure
ant o( Indian Aflairs in the southern in the ploiitiludo of her independence,
department. A treaty was conclud
ed. Nov. 10, 1763. by which a ces
sion of lands was made in satisfaction
of debts which the liunan* h a a
traeted with the English. The Clicr-
okecs and Creeks united in this grant,
which, with what had been previous
ly granted, embraced nil (lie seaeonst
of Georgia, and so far back as to make
about one-eiglith part of the State, as
it now appears on the map, or oric-
I went ie tli part of the limits, which
were fixed hy the King of England,
for bis colony of Georgia, after the
pfiace with Spain of the same year,'
and which include Alabama and'Mis
sissippi. !
Having given an account of (bis •
treaty, the liislorkin adds,, “I believe
it may be said of Georgia that there
has been no instance in which lands
havchce.il forced from the aborigines
by conquest: and that, in all coses,
the Indians have expressed their en
tire satisfaction at the compensations
which have been given them for ac
quisitions oflenilory.” The history
was published in 1811.
I most sincerely desire that the his
torian who shall write a hundred years
signed by lier Governor, and by the
late Col. Few, who was one of her
delegates to form the federal consti-
t..iirm, p.nd by four others of her most
valued •. ilizeus? There is no encroach
ment of tho United SlnU s. The act
is liei own, performed by her agents
exclusively, and for her fieiu lit.
The treaty, being made on the
same principles as the preceding ones,
is an implicit attestation to the vali
dity of them all, and should secure to
the Clierokees the peaceable posses
sion of their country, till thn volun
tarily surrender it.
WILLIAM PENN.
P. S. It will ! o some weeks be
fore I shall oflTer another mrmmmiea-
iion to your columns. With your
permission, ! propose, then, to exam
ine the following questions:
How far Georgia is bound hy the
nets of the Gcneial Government, in
pursuance of the treaty-making pow
er
How far (lie Clierokees ore im
plicated iu the compact of 1802, be
tween Georgia and the United
States?
How far Georgia has assented to
-0,
m i
they
In
•Ml thi* p ijF
as any of»is. fht
he persuaded tif
1 ci milted to re*
oh] Bostonian' ot
tea 1 l:rt had
1 Do y.'Mi think
| 7<i would have di
! taxed by England, more!
: v,, o invited in do so by a well
1 etl > !\ il uia! i { nr No. N
i the Indian yield Lis
because
i.'O
ss
\or ;• Md
ountrv to otlr-
henro may be enabled to raythesamc treaties actually mode between the
thing. It can never he truly sent
however, that Georgia lias not repcat-
ly. v ithin a few years past, threatened
to take the lands of Indians by force,
and thus been chargeable with op
pressing them, by creating the most
serious alarm among them.
The Creek Indians, hoi being very
skilful casuists in distinguishing be-
twen rights to real personal property,
interpreted the treaty in such a sense
United States and the Cln ro
k ecs?
And, in conclusion, having consider
ed the demands of justice, I shall
briefly enquire, whether a benevo
lent & upright man,lia\ ing a full know I
edge of the ease, would advise the
Clierokees to sell their count iv, and
remove beyoiid ilie Mississippi?
Permit m > t<> con ret a small error.
In one of my eai ly numbers, it was
as to give them a right to rattle and 1 s DBod that too treaty of Hopewell
horses, which they found straggling in
the woods on their lands. They fairly
remonstrated with Gov. Wright,
how'ever, against the whites permit
ting their stock to stray over the boun
daries. Having occasion to use some
horses, which were found there, the
Indians took several. A party ofthe
whites, irritated by the loss of their
horses, made an irruption into the
Creek country, retook the property,
remunerated themselves to their own
satisfaction for other losses, and burn
ed all the houses in the towns, 'l'iie
Chiefs came to Savannah and com
plained of this harsh treatment; the
Governor made them compensation
and pence was restored. Let the
reader decide, whicji party «avo ibo
was made in York District, 8. C.
I have since learned that Hope-
well, on the Kcowce. where the
treaty was made, is inppullclon Dis
trict.
THE INDIANS.
The following communication is
from a gentleman who has resided a-
mong the South western Indians more
than eight years; is familiarly ac
quainted with many of the Chiefs
and principal men, and has the best
means of knowing the condition, wish
es, and intellectual advancement of
the people, ami what effect their re
movnl would bo likely to have upon
their character and prosperts.
••V. ¥ Jour, oj Com.
i i ;• of .his on ii arc'ii d.,because invited*
And it the Bos Ionian saw a just cause
cl w ar, even in the price of Ids tea,
what would he lime said and done,
ii Lnglaud IjikI Enid fo Iiiiti, chi* up
your whole town, and remove be
yond the Susquclirinnoh? we want
this port and town for other men?
I o bring the eaBc home to the very
soil you tread on. look at your dwell-
mgs, your schools, your churches,
and imagine a tyrant coining to claim
them all, and ordering you to walk [0
the western mountains. Oli, my
dear sir, il (he Indian is obliged to gw,
it will on because lie can remain hero
with white men, professing to be
( Inistians, no longer He will stand
and gaze on t;s as long as he can. He
will look inee more at his home, the
land of his fathers, nnd of his births
and' then turn on his heel away fV flfn
the white men and all that lie could
oiler Inin, nnd fixing an eye sullen with
despair on the great western wilder-
ness, will enter it, no more to return-:
but carrying in his Llecding heart a
sense ol wrong and oppression entire*'
iy unprovoked, which he will not for*
gel to tell bis children oven in
death.
Iha’.e heard of no good location fcrV
Indians at the West; none which
pleases our people. Some of them
w ent k.si w inter and examined a t act
of land somewhere to the v.e-t of
t.’e State ol Missouri, but were ot
at all pleased with it. The land hr<i
not well watered, or timbered, and
mucli ol it was poor prairie land, and
is too cold a climate.
Here I would add a few remarks
The Indians art.* in no stnso our Jiego
subjects.— 1 hey arc irdependc.nt
ow ners of their own land, and gover
nors of their ow n persons and proper*
ly. I hey had in> part in forming oi;V
states, constitutions, or laws; nor we
i» ffic forma’ion of theirs. They
possess the soil by a right which has
come down from time out of mind.
In no sense are they intruders upon
another’s sovereignty: They liav®
net begged, bought or nveived their
lights from us. Nor have wc aftY
J'jjjht to moH.suj’o to than their j>ih'G