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CBEECKEE 3P-HMEMX, ANM IIIIMS’ ADVOCATE*
wwi(vri<K. .
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l’RlNTED'WEEKLY HY
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At $2 50 if paid in advance, $8 in six
months, or $3 50 if paid at the end of the
yea:-.
To uxbscribers who can read only the
experiment, which, to say the least, ] ai-clis of Europe, and the colonies of J not pronounce a doi/i incut not
is very likely to fail, ami lor the fail-j Europeans, were perpetually making J n treaty, which i/e Prcsiden
ure of which there can be neither’.treaties w ith Indians, in the' course: of Senate have pront/mccci to he
clians to yield their unquestionable .Treaties have been made with them, j most decide, trom lit nature ol the
rights, and to commit all their into.- uniformly under the name of treaties. [ ease, w hat is a t usury * and what is
est to the issue ol a mere theoretical during tins whole period. r i’ij«i mon- not. Even the Sup/me Com l can-,
1 to be i
sident and •
■in'Vlvhnce^or to within^the j i* 1 . 01 ' indemnity. . the 17th and I Hi It centuries. The j for the CoitslituO^ expressly declares t
year. 1 hanking you most sincerely, Mes- colony ol Georgia always spoke of: treaties to-be ‘ Jim supreme law ol |
ICrrrv subscription will be considered as ' Editois, lor the readiness, with the v.rc* a.;d Choi okic ,N utions*, and the la: ii; anti /be jmlgi s m cvciy^.
continued unless subscribers give notice to ! which your columns were open for . (he compacts w mch she made with i state shall by hound therebyLi
th<’ contrary before the commencement of a this discussion, I have to soli«-it fur.-' them, she called treaties. The fram-1i treaties are tjc supreme law, they!
■.new y jar,and an arrearages paid. . j liter indulgence, while the topics just ers of the i 'otislit tit i<>n in si he sup-, cannot surety/set abide hy judical in-!
Any tpersnn procuring six subscribers, j ntentioned undergo a brief examina-. posed lo have used I.uemage in its or-; tevpretation/
rVMm ' I «•»• n»i’ llie enfoiuagenienl ol your-! ilinary accojAaiion. WI,m Iho Co.,-! A*ai». il.be rmi.l«.l end Se»le'
selves and your readers, I engage that_ stituliou speaks of • t'ealy. it certain- should h/justly chargeable with a
my numbers shall not exceed live nf-| ly intends every sort of a compact, mistake, in extending the treaty-ma-|
uuikiud king power to a subject, to which it ;
j was not properly applic able;; and ii ;
to t!)*» I the Supreme Court might decide,
shall n v.eive a seventh gratis.
Advertisements will be inserted at seven
ty-live c ent , per square for the first inser
tion, a i ' thirty-seven and a half cents lbr
ter the present; and there will be! which the universal voi. e of
oat o cot unnance; longer ones in propor- J ampfe time for inserting them, before ! had design'll’ d hy tint n me
,!< ’ lu j your paper will be occupied by the j ft w ould seem, acconliii
?'* ’ 1 ter*, addressed to the Lditor J proceedings of Congress
pail 1, will receive due attention. •• • ■ •
■G -v y' J! tJiVO-A A D Ii S I J E C*. ®'tf.
V9.Y1 TAJ>T» UR"* JJitfBA.T
liO.T.7! HNWh.TJSy KTA I>J!P O'ejB.I
TTZ T"JtSp“.7” DO
T(?v y»t.p tj30“A tb dot.*•?!»»■?.t, ict . the undisputed basis that these In
in j oh'hi’.i dt.ia.J5I-::z Tfi yw [ dittos were nations; that they Ijad tcr-
x»ci c-y.rr dap o o.ir.t e-: ~. a. i riiorial and personal rights; Hint their
tiR-tui'y, wiw” i)" ’t t.;rri ory was' to remain their pos-
. j’*,-:rcc:-. ti'.5c-f an"’ session, till they should volunta
ry p o.-xy-v* (piMiy , rily surrender it; and that treaties
j wi.h them are truiy binding, as trea-
i tics are he wren any comimmities
AGENTS FOU THE CHEROKEE whatever. .Mich is life aspect of all
present doctrine of Georgia politic i that a certain document, p/jaj.oitir.g
It has appeared, that the colony J ciatis, 4hat civilized people may he lo he a treaty, is only an eg:cement
of Georgia, (with the cognizance of j called nations and may make treaties;! between the President and Senate ol
the British government.) and tiie j hut uncivilized people are to be call ' ihe United Slates and another par-
Stale ol Georgia, in the days of her id Savages, and pu!)lic engagement?, G, rlfhoitgh bolh parlies had tom,
youthful independence, negotiated | with them are to be denominated Muulerslcbil it to he a treaty, and had
w ith the Creeks and Cherok/*es on ‘ what sucli engagements are to he de-' obeyed it ns such; in such a i ,-sc,
nominated we are not informed.— j what would honor and justice require;
'ritere must be a new code of national ; Should the people ol the 1 mini
law, and a new sot of w riters upon it, 1 States take advantage of a hlimdct
ary possessions, without their own
J consent, 'ibis was no encroachment
1 upon the rights ol Georgia, nor did
ii relate at all to the territory of
Georgia; which ten dory embrac
ed tnose lands oi ly that had beeif
preA iously obtained 'rout the Indians.
1/ the treaty ol Moisten were an en
croachment upon the lights ol Geer*
gia, why was no complaint made at
the time? Toe Senators /join Geor
gia were in their seals, and (he citi
zens of Georgia (u re never charged}
I believe, with passively sat render
ing their lights. Why, then, was no
complaint made for more than thirty
five years?
But it is perfectiy dear, that the
United Stales may < ede the territory
of any State in the I nion by tieaiy.
h may he very improbable? 1 rare
not if you say ii is ntoraily impossible,
t'ial the 1 it-sident and Senate sheukf
e\ i:r cede m y
of t
. . . is ieal!y
end tm.ly the territory of a Stall .~~
lit il such an <\<i:l shetdd take
e t.- ai suet ten v, ciild
Ic
t:\vy/ 0-C.R .I.'i
tvm.J N415.1 C’V.I'.
.1R. i'U -5.1• KT.1 Z
«T.iF. nor.vrii'is.t.
PHCENI'G
I the transactions, in rotation to
him
in order to help Georgia out of herj
present imagined difficulties: —I s.-.v
imagincJ, because there is no veal
difficulty, not the slightest. V» imt ■
arc the distinctive marks rf n civiiiz- j
c.l people, ait I who is to decide who-;
made by their highest function: i cs,
and lung acquiesced in? cs; xviaily i-
Ihe rthi r party had reposed entire
confidence in the validity of tin.- rro-
ci'C'liiK'-. and had u -.:'!a ititpojtatil sj-.c-
rifi.-.cs
Tt•« 'ollow-mi: persons are authorized to subject; and no candid
receive snbseriptions and payments^in- the |oiy call avoid these
■Ch-v.okcePh-.vnix. 1 Seven {Orinal treaties,
Messrs Phirce fc Wirn.i.vJis, No. 20
Market St. Boston,- Mass.
0=to?.GE M. Tracy, Agent of the A. 13.
fc. P. M. New York.
Jtiv. A. D. Eddy, Canandaigua, N. Y.
Thomas Hastings, Utica, N. Y.
id:
r of his-
those mar.' s are found in a given
are matters unexplained
or
frpotles
the
cast
conclusions.— I arc wc told in w hat ft
all possessing-'! bet ween civilized nations are to be iu-
tiicsc general ciia.-a.i-.teistigs, have j terpretod dilfcrcntly Iron- i-ui.li - en-
been already mentioned. Tim last of' gagements with an uncivilized j eo-
thoiu was dated in the year 1783,! pic.
Si*
gen!
shi: s
in fulfilling iii ■
pose for instfi
’ I'■<? ! -ii!'.d fri
f 0!c. Girard
«: i,-ill
100b.
tlnu
!■ ,he ;-:,-,cn:n1 o!
I bo
1 had i
■
jusi fifty years from
moot cn the colony.
the
first
P r<
sei'.le-
ouillo,
Por.i.AnD & CoNv E asr;Uiehmond,^» that, within this period, many suitor-
li«v. .CaMPBBLT*,. jjvnint.M., U. V/, . . • , »
WilliifouLTRiB Hkid, Chavlnston, { [ ^ i)0gol'U\aoas were Jie»u
S. C. i r f'he treaty of Galphington was
G-ai. Goorg?, Smith, Stat-'svillp, \Y. T. made in the year 1783, and 'is not un-
\VHLUM M. Comhs, NaFhvdle, I an. j frequently referred to. The next
Upvi Bknndt iIoburts, Powat, Ms. 1 . J . r ,
Mr. Tiros. R. Gold, (an itinerant Gen- 3 ea ‘*’ a reat J<>f l» e f e was mut e he-
tleiran.) 1 l ' vc ‘ e “ Georgia and the Greeks, t
.faasziAii Acstil, Mobile, Ala. ! have not been able to find these two
ll-v. CyuCs liisosBuitY, May hew, Choc- documents, nor to ascer'ain tin:
law Inal ion.
Caul. William Robertson, Augusta,
Gonvgra.
Col. James Turk, Bvllefonte, Ala.
visions which they contairf.
lions ina-le from them on the
Quota- ■.faith, he gave addition
door of u f »fraud and pcrfuhj
Congress, by a representative of gather thetudore., the cone
KTCTT-r'T* irgv hx: N/Tur.'Wjr c.v
\ .V O A - AS.
•MZuzjK»3XKca-yKr-aaix\TJ9ir:s3
A rcproscntalive from Geovria s: id 1
in his place last w liner, tint, uit.se 1
“agreements with the Indians had'm-
properly been called treaties.'’ Lei ,
it he borne in mind, that Georgia her- j
I self always called them treaties, in a |
i subsequent part of his s eceh. lie
|spoke of the “bud faith 1 ' el t -f.
* Creeks, in not ebsening the ’stbrnla-
■ tions whit h tl:e> had made h these j
idle god u-'/
hard m ines
a''/.’ Vvc may
tin: (•()iiel'.,s'on■ t''■ at
Celt sen
s ; ti ■
a k !i;!
Giian! »
i.it
: li-
viiiil i-: want ol eonstitutii nal power
’Iiic General Govimment has the
L'-wer lo male tieaties witheut limit-
jd on. Ol course tica'os max !c
mode l y the l uiu d f: tales cuall auh
p i !s w liieli a i c In qi.ctiliy Jot.: d iff
treaties of other naUtns But liciiy
■s sea a: < ly a lucre rt rcmoti sul ice?
1 ! < i iies, in i vi ry part of lj w i riel,
c a ( ession cl tin it oiy, ] jow aic
■< i. ii m-lii as (o know tl e cxtent of
' Genty making power? if cur
(•smcul, «: c i "at.-! birds of our Sc ft*
11
* r IV
FC 1 .
I .1101
; on.
Iiu:'. i
1:
1- -fit
m
ri t'
h-d
till':
( I Ci't <
Oil S'
r :
'iii-.'
•! t!
i,,
mu a
P r 0— agrecmmils:'
.inn to i-
. - ,li:
-■ . o no [•(.(', cr 11>
i. i: so : jc^s • and
-IIIjOL '
iW c
is- s:ml m si
; (■:. l.-im. t•'*c t. m all
! tiilh mrr.l.i- I he ha
me! i;!? s<-> imp.-i'i-at
an a! tcu r.t I o cii "ii,
ih c&.dci'.t and
uii-l.c t it
then
is s ( - s?
: I»M
Georgia, leave no room to doubt, that savages are tTounrl bv tdmr <r<r;\vuu:t..
hwy are ol the same general i.natac- • although these agretHnoiits must not;
: cr,
nr,
sums
.ft sent, iiicn
It: r.
i iif amazed
ially enough
> i .letcei ise
cvi i Ih !’iu'>
i.i so foolish
As he ;..vew
i on have ic. d
to sea. You
rdf i s v. Ml roue any pi
ii mv. tlc'rc is no k<
sc*, uri'y !i( f . iicl in
pov. : i lo do this, hut
-tl.
i {’- l nitf-d Flat
idiiio: all ih.at ; an
htc \. i; it h w: si, j
Bi it ;.-h K i < cs ;
: v. nr, how i a.
It! tr rty v milu n» I b
? ciI. r t • i■ ■ s \ c .}■ tm nil ;
, ... „
if our ler-
fqr it: <-i:r
a ■ w ant, of
I cic want uf'
a d:s| utc r.bcft tS:«
M: itie. If the kit g
lent is should egicru c
-?• Itrd- reded to
o! tin Slate (f
>■ t-s< ssion of the
Iku cii.se of lliri
il Ic | re!ended
I itidii g
. tier ’■
is
outiflarif s ol
the Net ker
mis t a 1.1
deciding tho ctu s!it n icw i t-fcj red .
i it'd, wltich I admit to he very in
nrobr.ldc: si ill, if l.-o should mistnht
m
From the National Intelligencer.
rnESF.NT CRISIS IN, Till. CONDITION
OF THE AMERICAN INDIANS.
NO. XIX.
Messrs. Editors: In th« post
script of my last number, I proposed
t;o suspend my communications for
dome weeks; announcing, at the same
ter with the treaties which pi ece led
i them.
In 1783, ihe federal constitution
wws formed,.by which toe power of
making treaties was conferred on f.ie
| President and Senate cjf the United
* States. As this was a subject of
great importance, the fra cuts ol the
constitution not only took care, (Art.
II. secirnn 2) lo assign the treatv-ma
he ailed treaties. !' is . on', -o
over, that the lenited Slate
bound hy //:«/;- agreements
Cherokees, hecause ihe
ciigageo to
Siatos caini it. in th»*ir i. tiera! itipa-
'!• hot.
arc not
ilh ti-.c ; s (>i ' y ,m
had i any 'h:ti
to the Senate
United
city, make azrcemcti:*
though the Goner: i *
>y mo I.
ii r.-u'i a
iii own
to do
I so!
i von
ti Hi savages, al-
overnment has
the exclusive power of making lral
lies with civilized nations —[he whole
f w hich philosophy and logic, w hen
authorized agent
and he engaged I
lord ! cm. If I tie
, the it;-me
-i■ oosiug. Ni r
ibli sending it
me tdous '- • -yt
ruineut,
u paid
rot
of
if the Gov
at i r.licuid 1
transr:. ; ion i
ihr pHale of Maine will lose 7,000,
OOH acres of land-; , ml, il 0 is v. ill hi
lost by the c| eration ol the treaty
Ghent.
Proud nations I.rye rfion keen mor
tified by being ol ligcd to erdc scm«S
file ir tcnitoiy. It is not ;.icb*
• l our n or!li'cadion v. iii t» me
pa
time, several topics, which remained ' T t T w ,,,c " *'„‘t ,
, i .. , r,,. • • • king power to the geiletal gryernm^ut. thoroushiv direst oil and
t»> be discussed. Ibis annunciation . ■• 1 71 . h .. .. . i ougmy t .gus.Lii ..uu
concoctc
^YiTieR 1 ^ 1 Permit ^c^theTfmc^to spvera * ® ta, - es ,r " m ‘ :nt< !ring into | civilized nations bind both the parlies;!
?*i "if, Pelm ‘ l •fT f- .V> -mt*.,, .(line., or coulVJon.- Ir, »-,^.mo,.!„vill, M v.,™ t.i!,eo i
blit to inliibit, ( Art. I. section 10,) amounts to this': that treaties between !
I treaty, it i? at least, a fair Im gain',
and that is enough for me. i expect
honest men, whether public or private,
’ ! willingly to execute their bargains:
have, how,
and as to
itatit in the use of different phraseol-
“any treaty
tion.
Since the constitution was a-
«w, <!« •’I*' *"“‘0 «' dorted, ,10 stale l:as „.--oliu,cd will.
e\nmi:.ed, before llte Btrengt.i of the A|| . 0 ,, U( . , m . ;13 ,„ f s
t ,cio.:ce cause can do justly >nd. ,j| laV( . fallen tvithin the
hi y estimated. . : 1 •.. , , .
TTnloao I nrti mi.tnl-Pn it hn ' S !0 I ,<? ° f (l,C ?™ cn VCSlCt! 1,1 UlL ■
hut that ngrci'.menls with savage tribes, j !1 " . 111 mv
while they bind the savages, outlie! tj lCir hargnnts
penally of extermination, to observe or no ^' 1
every one of their engagements, leave! So ihe ( hcrokces may plead, that
the civilized pgi-tic| break every ! it y. as not for them to judge as to the. |
one uf their engagements, or “agree-1 ex lent bl the treaty-making poyver. i
men, I siudl do
to hold than I
whelher they are v.iil-
dishones
power
Unless I am mistaken, it can be ,
/, . , . general government.
(clearly shown, j &
That the original right of the Che-) Georgia, in her character
t dices',
of
mails,’' whenever il suits their pleas
ure or interest, to do so. This is
30
fiecs confirmed and guarantied |> v I sovereign and independent State, a- the morality to be incorporated info
many treaties, was not, and could ' ^°l )lc; * the Constitution, and. thus he- the new code of national law. yvith a-
.♦ i.i, "nffi/nipd hv the comnact of! caM0 a 'n' >rn!, cr i»f ,;be Uniort. She nother section, declaring that all par-
ftot he, affected hy the compact of
1803, between Georgia and the Uni- lmisl btMnnmd, therefore, by all nets
ted States?
That Georgia so utulerslood the
of the President anil Senate, which
are performed hy virtue of powers
matter a quarter of century after the i conferred in the Constitution. Very
year 1803, as appears bv numerous ! 'oocntly some of her public men have
• • " asset ted, that the United Slates have
act's.of the legislature:
That the proposed plan for remov
ing the Indians is visionary, and de
rives no support from experience:
.That the proposed guaranty of a
rn;v
neither the power to make treaties
xrifh* Indians, nor to cede any part of
the territory of a State.
The poyver to make treaties with
country would no! he entitled^ to Indians is denied on the ground, that
.confidence; and that the offer of n \ treaties can be made with nations on-
guaranty, ip present circumstances,' lip. arid that communities c'f India..s
w ould lie esteemed by the Cherokees are hot nations. Unfortunately for
<a cruel insult: ,, 'this theory, it yv5s notoriously invent-
That tlio actniil removal of tlie | cd to answer a particular purpose.
southwestern tribes, wohld, in all
probability. Go follo’yvdd Gy great e-
A T il:t to them, yyilhout any cofrespond-
vig benefit to -them, or to others:
and *
They made on agreement with men
"ho represented their Father, the
President . They supposed thriTres-
rdcnl to know the extent of bis own
powers. At any rate they relinquish-
ties to an agreement, even tliougb il cd Land, and gave up many advantages,
be called a treaty, have the perfect ;f l! ' the sake of a solemn guarantee in
right to decide yyhether they are I return. II the agreement, which
i'lem ;!i ! quaricr. t'.
tvr.r, sf.n;( |,trmauctil causes cf se
vere nu-t til.nation, it' it slice Id U
Sl id I'.vr hreulird y; ais I cnee, thn* ii
the lui.tule of tl i l i cticiiih emit ?
the l nitci! Stntes were : i n 11^ r ! y
an overwhelming lo:-ce. F csfdc f-’-t (
cn Island to Foreign Puyvci 11« I;
would not he a thousandth | : il s <
graceful, as to have ii t r y said, t
the United Slates :d.p cd ‘r tri
Georgia the maxim tint vrght is
right'd and, in pursuance ol that max
im. despoiled an UH.ffictiiling and sclf-
ering people of these very p< ssessi n»
which wc had poi.kmnlv guaran
tied TO THEM rORUYER.
WILLIAM PENN.
< t
’: S-
nt
themselves civilized or not, rbd w he
ther other parties are uncivilized or
not.
they made, was no! a treaty, it was
an (ddigator',j contract: and they have
a right to expert, and to demand, that
It is by no means favorable to this the contract shall he fulfilled
theory, that Washington, Hamilton,
and Jefferson, had the temerity, (fbl-
T
that
he politicians • i Georgia contend,
even it the United States have
lowing the uninterrupted current ofi-power to make treaties with Indians,
example and authority, wltich had ! still they have no | ewer to cede a-
come down from the discovery of A-j way the territory of a Slate. I bis
merica) to treat with Indians as na- object ion cannot he supported in any
tions, and to consider engagements I sense. But if is plausible: and toe
* The Jjrgiflaturp rf Gooi-g-a adepts#
tins maxim, in nearly tlirso words, as I
(hall shew in a quotation Cm:', a irp-irt,
nrproved 1 v that body, in December',
1827.
From the Savai nah Gentian.
TMECHEHOKE
with them as being treaties, within
the meaning of Iho Constitution.
From the origin of our General Gov
ernment to the present day, every
It is not, nor cannot ho, entitled fo the
l-'ast degree of credit. Communities
of Indians have Been called nations in I President of the United Slates, not
every hook of travels, geography, and excepting the present incumbent, lias
history, in which they have been used the words treaty aril nation, in
Tlrn* ri conscientious man will Be mentioned at oil, from ihe discovery ! precisely the same manner,
viry cautious,how ho advises the In- iof America lo the present day.—J Besides, the President and Senate
whole plausibility rests in a mere
sophism The United States have
never ceded, ror attempted to cede,
any part of the territory of Georgia.
They simply guarantied (o the Indians
their original title; or, in other words.
Uia United States soletArly engage^
to din Indians that r.o human power
iiould deprive ihcm of their heredit-
Tlte Head ('l)iefs of tl e tw a ty-
four Council-fires, President Jail-son,
has delivered his annua! talk. In it
lie paints in true colors, our t:en<-
mrnt hy the white-men—but all I is
talk results in this, that we must
either abandon our country, or be.
subject to the tyranny of (be Sfnic of
Georgia—slavery or oxile is the <n!y
alternative which he presents, LisH
ten to his words:
“Our conduct to these people (the
Aborigines) is deeply interesting
• s
to
