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owy JcPj9Bo.o o r." 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.<, At $2 50 if paid in a Ivancc, $S in six nths, or £8 50 if paid at the end of the ^ear. To subscribers who can read only the Jphirokee language the price will be $2,00 jo advance, or $-2,50 to be paid within the year. Every subscription will he considered as Continuid unless subscribers give notice to Jhe contrary before the commence.uent of a new year,and all arrearages paid. Any person procuring six subscribers, and becoming responsible fortlia payment, •hall receive a seventh gratis. Advertisements will he inserted at seven- ty^ivc cents per square for the first inser tion, am' thirty-seven and a half cents for •ach eoniinugiiee; longer ones in propor- . fion. it^PAll letters addressed to the EiUtor* post paid, will receive due attention. 9 IV y AD Ii S I JE&.8.I. fOAVT.j?).! TA.4T V-V' JIicTBA.I B4«-.I- BOAT. .IhWIi.IcS>y KT.T D,SP O’eJB.I I TCrZ TF.iMO-r* D0JAo?I'(».I. T<TZ t’tiP TA0"A Tn DOJA&KoS.I, KT (V0.IBA I‘4Je.l. D».l.s-»F.Z TP yu' De.lA^I*J6.I, P-y.AT D$i? O-O.IP.I I*4»P.I. ifwyz o-tvu .ivjii.biy, \vf*v* ds-r 0301!!.! b-4ci.l ¥>?.ttlT 5 , Tcrz TI-VJ0-J'’ DO* KT.IZ D$i? O^y^ V.1R D6.I*3W».I. 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