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CHEROKEE PHOEXIX AND INDIANS’ADVOCATE, -I" 1 - ' ■' ■> ' ■■ N!' , II —i. L , . « as between themselves? Do we | prove their wills, or grant letters of: adiuinistralion upon their intestate's I estates? Du our Sunday laws, our school laws, our poor laws, our laws concerning infants and apprentices, or concerning idiots, lunatics, or habitual drunkards, apply lo them? &c. # # # '# # Through the whole Series of our co lonial history, these Indians were con sidered as dependent allies, who ad vanced for themselves the proud claim of free nations, but who had volunta rily, and upon honorable terms placed themselves and their lands under the protection of the British government. The colonial authorities uniformly ne gotiated with them, and made and ob served treaties with them, afc sove reign communities, exercising the right of free deliberation and action; but, in .consideration of protection, owing a qualified subjectiou, in a national, but uot in any individual capacity, to the British crown. In 1776, Congress resolved, that they would chastise the Senecas, who had joined the enemy, and would re duce them to terms of peace; and when some Seneca chiefs appeared at Philadelphia, they directed the Board of War to inquire, whether they came in the character of representatives or ambassadors of their nation? And when in 1779, Congress had resolved upon terms of peace with the Indians, the conditions were such as would he dictated to a public enemy, known as such by the laws of war; they had • not the remotest resemblance to the terms or spirit of a negotiation with T citizens or subjects who had broken their allegiance. In 1783, Congress expressly waived the right of conquest over the Indians, and recommended proffers of peace and a friendly t rea ty, for the purpose of receiving them into favor and protection. # # * # * In 17S4, there was another treaty mqde between the United States and the six nations, in which perpetual > peace and friendship were declared between the contracting parties, and the United States acknowledged the lands reserved to the Oneida, Onon daga, and Cayuga nations, in and by their treaties with this slate, to he their property; and the treaty contains • this provision, which lias a very im portant and a very decisive bearing upon the point under discussion: The United States and the six nations agree, that for injuries done by indi viduals, on either side, no private retaliation shall take place, but com plaint shall be made by the injured party to the other; that is, by the six nations, or any of them, to the Presi dent of the United States, and by or on. behalf of the President, to the principal chiefs of the six nat ions, or of the nation to which the offender belongs. What more demonstrable proof can we require, of existing und acknowledged sovereignty residing in • those Indians? We have here the forms and requisitions peculiar to the intercourse between friendly and inde pendent states, and they are confor mable to the received institutes of the law of nations. The United States have never dealt with those peo|de, within our national limits, as if they were extinguished sovereignties. Thev have constantly treated with them as dependent nations, governed 1 by their own usages, and possessing - governments competent to make and .to maintain treaties. They have considered them as public enemies in war, and allied friends in peace. If mere territorial jurisdiction would make the six nations citizens of this state, the same effect must have been produced as to the numerous tribes of Indians included within the vast ter ritorial limits of the United Slates; and it is worth a moment’s attention to observe the rejations existing be tween the United States and the In dians, to the south and to the w*st. fThe Chancellor then proceeds to consider the treaties of the United States with the southern and western Indians, an.l particularly those with the Cherokees, which have been so fully examined in the numbers of William Penn, and arrivers at the same conclusion with that distinguish ed writer, thirl in the fact of tuck trea ties, it it Ml* M contend that these In dians are not ll so-cereign trite*.”] To the wish expressed in the fol lowing paracraph, every honest man will say. Amen. When the time shall arrive for us to break down the partition wall be tween us and them, and to annihilate the political existence of the Indians as nations and tribes, I trust we shall act fairly and explicitly, and endeav or to effect it with the full knowledge and assent of the Indians themselves, and with the most scrupulous regard to their weakness and prejudices, fiftl with the entire approbation of the government of the United States. I am satisfied, that such a course would be required by prudence, and would become necessary, not only for conscience sake, but for the reputa tion of our justice. [From the following‘para$raph, it will be seen that so late as the year 1813, the legislature of New-Ydrk has recognized the distinct national character of the Oneidas, a tribe who do not reckon, in all, oni thousand souls!] So late as the 5th of April, 1813, the legislature authorized the gover nor to hold a treaty, jn the part of the people of this state, with the 0- neida nation of Indians, and with arty other Indian nations or tribes within this state. And here let us ob- count of their proceedings as reported in tie Cherokee Phoenix. — Cl. Cour. 13th. Fron a Portsmouth Paper, of Oct. HYDROPHOBIA. Xeatliof Mr, Ikrvey.— On Tues day, 9th June last, Mr. Hervey re ceived a slight wound iti the cheek from a house dog which he kept chained in the yard; hut the hurt was so trifling that no notice was taken of it at the \juic. The following morning Mr. Hervey went forward to the dog to caress and fondle him, as frequently was his custom to do, when the ani mal immediately seized him by the fleshy part of the arm, inflicting a sad painful wound; ahd it was with the greatest difficulty and exertion that Mr. Hervey could extricate himself from the dog, as the animal continued to hold fast by the first gripe he had taken. Being now apprehensive that all was not right', Mr. Hervey lost no time in repairing to Belfast, ! and wailing on Dr. Purdon, until his j arm healed up, and he apparently be- ! gan to think that the danger was not so great as he, at first apprehended. , The dog had been killed immediately serve who were to be the contract-1 a |q er biting him, so that it was not ing parties to this treaty, by the very words ef the statute. They are the People of this state on the one part, and Oneida nation on the other. What language can be more unequivocal (o the show, that the Oneida nation was then subsisting as a distinct cominu- nitp teYj & as competent to treat in thhl character, and that thev did not foini actually ascertained whether the an imal was in a rabid state or not, Mr. Hervey at length began to relax in the regularity with wjiich lie had been wont to take the medicine pre scribed. ... . r Nothing particular occurred till recognized in a national charac-, the first of September twelve weeks fiom the day he received the wound. On that day, feeling ill, he sent an integral part Of the people of lllis f or Ur. O’Neill, of Comber, who state. Indeed, so clear does this j communicated lo his friend Mr. Mil- point ap f ear to my judgement, that if! i er , his decided opinion that Mr. it were not for the great authority of the opinion which we are reviewing and for the able argument whi- h ue have heard, I should suppose that I had been combating a shadow. Cherokees.—The situation of the Cherokee, Creek and other tribes of the Southern Indians is, at this lime, particularly interesting. The Chero kee nation presents a solitary instance of a regular government, a .written lan guage and a considerably advanced state of civilization among Indians. They have their constitution of their legislative assembly in two branches consisting of their committee or lower house and their council or senate, ■& an executive, consisting of the Principal Chief and the Assisi ant Principal Chief, corresponding in a measure to our President and Vice President. We have before us the address of the Principal Chief on the opening of the Legislature—and a number of the Cherokee Phoeiux, a national paper printed partly in the Cherokee language and partly in En glish,which gives a very regular report from day to day of (heir preceedings. The whole of their irtternal affairs appear to be managed with an intelli gence and regularity which would do no discredit to a government longer established and people claiming to be far more civilized. This is an expe riment in the evilization pf the obori- gmes which promises success—and if successful, would go in sonic measure toward repaying these abused people for some of the numerous injuries which have been inflicted upon them by their white brethren. They how ever rcqui.e rather to be encouraged artd aided in theif efforts by their more experienced neighbors, the whites— t the best, they labor under every disadvantage and discouragement. But if, i stead of endeavoring to bring them further and further within the pale of civilization, they be drive r from their territory and forced into remote and barren regions, they must inevitably return to a state far more degraded than the original rudeness irt which our ancestors found them—a state in which will cling to them all the vices of civilized man with but few of his virtues. As inevitable as this result would be, and as disgrace ful to ourselves and destructive to the Indians, there will doubtless ho an attempt during the present session of congress to effect their forcible re moval. Our readers will notice on this subject the very able and excel lent articles published by a writer un der the signature of “William Penn,” who presents the subject in too strong and forcible a light to admit of.any ad dition by ns. We give, however, below a couple of extracts, showing the nature of their legislative pro ceedings. The first is from the message of the Principal Chief before referred to, and the other from an at- Hervey had all the syrnptohis of con firmed hydrophobia. M.‘Miller then sat by his bedside and tried to soothe him as'well as he possibly could; but he shook his head and replied, “No, Miller, I am no child; I know my fate is sealed, but the will of God be done!” He could taik of water with out the least concern; hut he seeined totally at a loss to account for the appearance of it giving him so much uneasiness and horror. Collough that he would come out of the bed. This Mr. M’Collough pro tested against; and the other imme diately replied, “You arc right, but for God’s sake do not leave me. I am perfectly in* my senses; but oh! that dreadful moment is beyond the power of man to bear. If you leave mo, I cannot prevent myself from jumping out of the window.” His friend assured him he would not leave him, and requested him to lie down, lie replied with much vehemence, “Oh! do not ask me, do not ask!” but immediately adding, “sure you are hot afraid of me? indeed, you need hot be afraid, ” and his friend pro testing that he was hot, he held ont his hand with an affectionate look, ’’Shake hands with me.” said he;’ and then grasping Mr. M’Cullough,s hand, he blessed him. Ina flioment lie became perfectly calm: his voice resuming its usual tone, and his countenance its wonted serenity. By this time Mr. Miller had returned from sending for the doc tor, and awakening inmates of the houses. Calmly and collectedly the sufferer then addressed his friend: “I did not expect this so soon. 1 thought I should have had a little more warning, I knew it was to come, but did not expect it till to morrow. ”His aunt and a young lady, also came into the room. Me shook them both affectionately by the hand, and said, “I would be glad to kiss you, but dare not for fear of consequences.” Du ring one of the intervals, hearing his watch tick on the table, he said, “Is not that my watch?” On being told that it was, he called one of his friends forward, to whom he expressed him self under many obligations. “Here, my dear friend,” said he,” take this watch and wear it as a memento of your friend, poor John Hervey; and when you have occasion to look how time passes, sometimes think of me, and the circumstances under which I gave you this memorial of my Having put his hand to his chin and found his hoard long, he asked Mr. Milter if lie thought he could shave himself. Mr. Miller, fearing that his hand would not be steady enough, proposed that the operation should be done by another person. The applic ation of the soap to the face of the patient made him shudder with in voluntary dread; but after preparing himself and shutting his eyes, he was at last able to allow the operatiau U proceed. Whenever the razor touch ed his face a slight shudder succeed ed. Mr. M’Cullough and Mr. Miller remained with him during the night. He tried to take some mil-, but u lien it was placed beiore him he felt a slight shock on touching it.— He was at length able to take two or three sips; when suddenly raising him self up in bed, and speaking very rapidly, he said lie was choking, and cried out for a door to be opened; but no sooner was this done, than he ex claimed, “Oh! shut—shut—shut — thfi air, the cold air—I cannot hear it!” He shortly afterwards look some mor phine dropped on suger. In a few minutes more, he called for one of his friends, and requested him to hold his head that he might try to sleep. Mr. Millet* complied; but in about three minutes afterwards he was sei zed with a Spasm, accompanied by a horrid and terrific distortion of coun tenance. Mr. Miller rushed from the bed in an agony of horror, and had only strength sufficient to tell Mr. M’Cullough to take his place.— Instantly Mr. Hervey jumped up in bed, crying to his horror struck and almost paralysed friends, “I see you, boys!” and then, as it were master ing his excruciating agony by a power ful effort, he cUhlinued in t calm but scarcely less terrific tone, “it is all over—call the house—send for a doc tor.” His friends gazed in speech less horror for a few seconds; and the silence was at last broken by the un fortunate sufferer, who, observing that that th. y were making a movement as if to leave the. room, called out, Miller, Miller, do not leave me—be a man; ’tis over, and I am quito collect ed; do net be frightened—depend on it I will not harm you.” His friends being somewhat recovered from their, fright, asked where the men slept.— He immediately answered “above stcirs,” and dcsiied Mr. Miller to call them. When that gcnleman left the room, Mr. Hervey said l* Mr. M* spark of pity remaining in them. Some of his labourers came in and assisted in holding him down. So intolerable was the dreadful agony of the.sufferer that lie threatened to bite those who held him if they did not kill him or let him up. Fearing that the courage of Ihc^ men might fail Mr Miller called on them to remain firm if they valued their existence. Upon hearing this the tor- tured>ufferer exclaimed,“Miller, you savage, I trill never forgive yoli!” He continued beseeching those about him alternately, to put an and to his pain; when, finding all ineffectual, he cried out,” If ever the soul be allowed to haunt those who have done them wrong, I vill return and torment you all.’ He then ceased shouting, but three or four times he was heard to say in au under tone, “Severe, terri ble]” in a manner that showed tie was perfectly scusible, though the agony in the height of the paroxysm was too great for even man in his senses to bear—-His voice began lo change, as if suffocating;, he could articulate nothing, hut fid frequently pressed the hands of his friends as if intirna- ting his gratitude for^ their having ful filled the arduous task lie assigned them. At twenty minutes . to four, squeezing the hand of one of his friends and breathing his name, he expired. Uumrw friendship.”—He made several beau tiful prayers, and then asked Mr. Reid, a young clergyman, who was present, and of whom he expressed a very high opinion, to pray with him. This was immediately complied with. —lie spoke of a young fiiend who died about three years ago, to whom he was very much attached. • The fits now become more frequent, and he requested Mr M’Cullough and Mr Miller to hold his hands. Every attack now continued longer, and appeared more severe. At about half past one o’clock he said he felt a curious sensation—it was in hid limbs, as if he were pricked with the x finest needles— a pricking, as if the finest silver barbed arrows were darting through every portion of bis body; lie said, it was altogether a most delight ful sensation. His nerves became most sensitive.' The least noise in the room—a change in the light of a candle—the moving of a shadow on the wall—a relaxation or compres sion of the hands of those that held him, gave him the most excruciating pain, and lie would exclaim with a heart ren ding voice, that it Was cruel so to use him. Shortly after this, the saliva be gan to make a noise itvhis throat ;he lost his voice; but he showed by significant gestures that lie was pcrfetly aware of all that W'as passing around him. As the tits came on him, he appeared to place himself in that position as if he wished to rest on his head and heels, while his body moved quickly up and down accompanying such mo tion with an agonizing groan. These fits at length ceased, and he lay from 10 to 15 minutes so still that all ex cept those in tl-e bed room with him supposed he was either dead or dying. Suddenly, with a voice loud and strong, as if in perfect health, ex claimed, ‘here boys, do your duty. The awful moment which he had dreaded, and vainly hoped to escape, had come. He instantly became dreadfully convulsed, every muscle was distended to the utmost stretch, while the spasms, commencing at the stomach, seemed to roll up like a large mass to his throat, where the breath rattled hideously, as if vainly seeking a vent. Mr. M’Cullongh and Mr. Mil ler immediately seized his wrist, while the Itcvd. Mr Reid laid him self down across him.—He struggled dreadfully, and appeared to wish to get himself out of bed. He screamed with the most appalling agony, and called for Dr O’Neill to cut bis jugu lar vein. He besought his friends a- bout him to put an end to his horritlle torments, if they had the smallest CHEROKEE PHCEMX. NEW ECIIOTA: DECEMBER 30, 1829. "* We have the unpleasant task to inform our readers, that the Secretary of War ha* countermanded his late order for the re- ktioval of the intruders. What does the ex ecutive intend to do with us? To wear us out liy degrees;undoubtedly. It is loo much to he treated thus when we have to bear continually the insmfferable 1 acts of aban doned white men, who are' preying upon us. Where is the faith am| Justice of the nation, if treaties are thus to ( be\l' *egardcd merely becduse the state of Ga.has alledged an unfounded claim to a portion of our country. We repeat what we have here tofore said, it the state has tny claim, lei her first establish that claim upon equita, ble principles, not by such disgraceful prop ceedings which has characterized her con duct, in the mean time let intruders be kept at a distance. This would be justice and we could have no complaint to make, But as the case now stands, we have seri ous apprehensions that we shall not be treated with justice. We do hope our apprehensions may be unfounded.—The Cherokees feel deeply on this subject, and they think they have reason to distrust tin Government, Time will show. We wish the reader to bear in mind, that the following is the fourth order.,from the War Departihept, relating to the present intruders—two for their removal, and both have been countermanded. Such a course of conduct would justly subject any indi vidual to the charge of instability, War Department, 26th, Nov. 1820. Sir,—When you were directed forcibly to remove all intruders from the Cherokee lands by the 15th of December, an expectation was had that General Coffee might be able to make report to the Department, as to the title ttfthe country; and as to the dispute which prevails in re gard to that subject—that expecta tion now must fail, Geiiferiil Coffee cannot be lieat-d from, arid hence the necessity of deferring the execution of the order for the present. The commanding bfficer at Fdrt Mitchell has been instructed not id advance un der any order from-you into the Cher okee Nation until he shall receive further orders—Urge on the settlers the necessity of retiring from the In dian lands to the east bide 6f the Chattahoochee river as a matter of justice to themselves, because so soon as General Coffee’s report sliall be received and a decision had on it, some immediate and definitive act ion 1 may be expected to take place—For the present let any further step do* your part be forborne— Respectfully *, • ' JNO.«H EATON./ Col. Hugh Montgomery Cherokee Agent-. Who is to make the decision, we know, not. It must certainly he in favor of the Cherokees, if it is decided Agreeably to e\> idence. We have seen most of the state- mentsof individuals of this nation, which have been collected by General Coffee, and they sustain the rights of the Cherokees strongly. They are not like.the affidavits procured by Col, Wales, which are all hearsay—but they are to the point.