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J<TiFOl
€DEBOkEE PHOENIX, AW© SAIMAAA1>¥®€ATE<
PRINTED UNDER THE PATRONAGE, AND FDR THE U EXE FIT OF THE CHEROKEE NATION, AND DEVOTED TO T11E CAUSE OF INDIANS.—.K. iiOIJDINOTT, LDlTvK.
VOX.. XX.
NEW 23GKOTA, WH3KS3DA7 APBiL 7, 1330.
NO. 61.
PRINTED WEEKLY «T
JNO. F. WHEELER,
At $2 50 if paid in advance, $'3 in si\
^npnths, or §3 50 if paid at the end of the
‘ year.
"l'o subscribers .who can read only the
Aylvjrokce language the price will be $2,00
• _ >1 iSW'kA iX I’tA mniil II'N M n ( fto
The territory of. the lour south
western tribes of Indians lies within
what are called the chartered limits ;
of Georgia, Alabama, Mississippi, |
Tennessee, and North Carolina. Tlftj \
portion jn the two Tast named, is!
*'»!• «»’*»ke ordiililicnicK,
•‘ycif. arid to avoid unnecessary prolixity,
I'ivery subscription will be considered as Jyour Memorialists would ask the al-
rijontinued unless subscribers give notice tojtention of Congress- to the case of
a. h«« i I.a uA'rtmnni'OiriPnl #»l fl <l,„ Il.> • < , v |.
Ksontinuea unless iivftiw ^ | tcuuuu ut w in*,
the contrary before tlic commencement of a j d, R Cherokees especially; though the
jiew year,and all arrearages paid. i same principles, with immaterial va-
nerson nrocurinZ six subscribers, i Irr.ic ivill nnnlv tn nfhor liuliiin
Any person procuring six subscribers,
and becoming responsible for the payment
shill receive a seventh gratis.
Advertisements will he inserted at seven
ty-tive cents per square for the lirst inser
tion, am’ thirty-seven and a halt cents for
nations, will apply to other Indian
communities.
Tiie Cherokee nation of Indians is
a distinct community yet remaining
of the numerous original inhabitants
sidered as being, a nation’, but tlfey
actually exercise every one of the
powers, which we had enumerated,
in the declaration of independence,
as the highest attributes of national
Sovereignty.
By the federal Constitution, the
treaty making power was vested in
the President and Senate of the Uni
ted States, and the several States
were inhibited from exercising it
racy and rapine, permit a nation to
despise its engagements.”
question of right should be lirsi S i-t-
iltd. If this can be clearly ascer-
Vour Memorialists, in pursuing this ! tained, it should bo lirmly
> 41 r t I A*.% I ■ A M i .... I 4. . . t a * . . I m . i t I. .a fral*. I i n la A Fit! . a *
investigation, lind a renewal of the
guaranty to fife Cherokees, made sev
en years after it was lirst given; and
ill this renewal, the guaranty is de
clared to be "■forever,” which n as ob
viously the meaning, in the first Di
stance In the progress of numerous
subsequent negotiations, tint Cliero-
fSoon after the constitution went into i|' ecs y‘ e bb*d to the United States the
operation, the first President of the 1 ec lia '*S al 1011 c * ^ 1C nvi1ls l!) lhe
United States with the aid of his ve
ry able cabinet, & with the sanction of
a Senate, more than one third of whose
^, r , „ - - , r . members w
«;acb conunuaiKo; longer ones in propor- of this continent. At the lirst settle-, tivti that formed.the Constitution, laid
Cherokee nation; anil made several
specific grants of roads through their
country, as the progress of u hitepop-
re members ofthe Conven-1 ula J‘°" li:i1 tllc i'resideuts of the Uni
ted stales to solicit these piivi-
lablished. The suggestions of friend
ship should come aiienvards. Jf (he
Cherokees liave a perfect right to re
main u here they now are, as Jong as
they please, and to claim the
protection of the United States a-
gainst encroachments from every
quarter, they should be told so, iu
a him and decisive tone; and the Uni
ted Stubs should honorably redeem
llicii numerous and solemn pledges,
11 the Government, in a spin” of
sincere kindness m.d fi fendship, should
advise the Cherokees (o remove, let
(be Cherokees weigh (lie advice, and
Tion.
ji3»All letters addressed to the Edsto.i
'ost paid, will receive due attention.
iQ ivy J(f.5U0'^ AD I» S I J E Cv a .1
V’OAtiT.^.l T.VAP TT-V* rticfliA.l
RQ.AE JlUUfi.lc*y KT.l
> 4 J5 a T cr Z T E X 0-
tctz
ment of the Southern States, these;
natives wer« found in possession of,
■' lands, which they now occupy 1
th
(lie foundation of our present relations ,c 8 es * dec ide upon it, a3 they think best.—
will, the Indians. I.Vno part of his J !l ,the late treaty between the U- I hemuestion should be freely decided
Wo need not here agitato the ques
tion, whether civilized men may
,i.a.i ; ptopiiale to themselves a newly d
n^p o^JB,! j covered country, unoccupied exec
| |,j (| iC occasional visits of migrate
ap-
dis-
1*<
grntery
ri.F TcSO-A tb uojAsi*^..!, ut : |, t niters. It dors not appear that the
; Di'i o’o.m.i dt.i.s^ez tb yw j Cherokees were ever migratory «.-eo-!
•DG.I.VvDoT'.I, 0-y.AT D,TP 0»0.IB*t D-tcPM. j |,J e<( They doubtless llliulo OMCMIf
civyz o j c.r .iiiOh.ioiy, wp»v* ns-a j sions for tlio purpose of limiting; but'
*o°eina '.n.imrq.Tcrz tf.-uo-J' 1 do | they always had a borne, and that
kt.iz i>£P ojjyw* vi-in home, from lime immemorial, has
*vaR DOJZ!>iiiv 0 v.i. j been the same which they, now pos
sess. Prom their own country they'
excluded all persons but themselves
.. | In this situation wore they found by
The following persons arc authorized to f|rst seUjars 0 f Georgia. * i
^ocftive subscriptions aw! payments lor the . . , , .
Cherokee Pha-nix. * ! • llft immemorial occupancy, wine!)
Messrs. Pnmo. & Williams, No. 20 Fas been thus briefly described, gives !
Market St. Boslon, Mass. the Chefdkecs, as your Memorialists
Gsortaz M. Tracy, Agent of ihe A. B. ! conceive, a perfect right to a coni in*
i ued occupancy of their conat.iy. so!
long as they please. In- other word:
'AGENTS FOR THE CHEROKEE
NKE'NIX.
C. E. M. New York.
Rev. A. D. Eddy, Canandaigua, N. Y.
Thomas Hastings, Utica, N, Y. : V 7 f ‘ ... . 4 , » . r
Polls no & Coxvriisb, Richmond, Va. 1S a perfect title, and the h*ftt of,
Itev. James Campbell, Beaufort, S. C. titles, to their country, invoicing both i
, William Moultuib JIeid, Cliir'Uston, (|, e ng|it of continued Oect'pancy and
3- Ck)!. Geop.ge Smith, Statesville, AV. T. ‘ of ,M < ! lf S c,v ‘-' l ' !1,n j”! t ; j
Je HE MIA,I Aust.l, Mobile, Alt,-. ! lh ? claim, as a eoilsequence (
Rev. Cyucs Kikusouiiy, Ma/bew, Choc- i of discovery by Europeans, were
Haw Nation. | much stronger ami clearer tliuu it is, i
Capt. William RohehtsoS'', Augusta, : vRU (| )e assertion of such n claim
Georgia. j must be precluded, whenever the!
, 1 discoverers sbull have agreed upon a
, line of demarkation between ‘tliem-
selves and the original inhabitants
MEMORIAL. I Such a line was in fact agreed upon,
rp 0 (Im Senate and House of Represcnta- between the lirst settlers ol Georgia, ,
lives of the United Stales in Con- j and the natives; and from that mo-j
<rress Assembled. | ment the whites were bound not (oj
The memorial of Citizens of Mas- j trespass upon the territory beyond the '
flaehusetls, residing in all parts ol j Hue. I
1 1 During the half century hint chips
Col. James Turk, BAlefonte, Ala.
ISJDIASTS.
the Commonwealth, convened by pub- , - = - -■ ■ „ . ,
! tic notice, and afterwards by adjourn-jod between the settlement of -Gcnr-:
ihent, in the Hall of the House of j gia, & the pence of 17S3, the colony j
ltenrescntatives iu Boston, respect- i of Georgia, with the consent and rp-
fully represents;
That your Memorialists feel iqU
■iiailed, by the most solemn and weigh
ty considerations, to addrew the Na
tional Legislature, on a subject of
general interest, which seems likely
r? 1 * i
probation of the Ljtglisli guverittVtcut,,
entered into successive treaties with
the Creeks and Cherokees, in nil
which negotiations, the whites and
the Indians wore regarded as equally !
free and independent. The most
administration are life proofs of his
wisdom and circumspection 'tiiorc ap
parent. The Indian communities,
residing within the limits of the petite
of! 783, were implicitly admitted to
be distinct communities, and the*ter
ritory of the Indians was described
as - btdonging to them,” and as not be
ing under tlx; jurisdiction of the legis
lative" or judicial functions oi the Uni
ted States. The Indians placed
themselves under tho protection ol
the United States, and became de
pendent fillies They consented lhat
the United Slates should regulate
their trade, and engaged that they
would not make trca'ti'cH with for
eign puwe.ts, nor u it!i separate States
of the Union, nor with individuals of
any Slate. They ceded a portion of
their territory, and received a com
pensation for it. All these grants, on
the part of the Indians, were mani
festly for their own advantage, as
well as for (be advantage of the Uni
ted States,; V*a.l they vere doubtless
urged to make them, and did make
them, from eonsvdeVations of mutual
benefit. Tho-United States, on their
part, s dcimily guaranteed to the In
dian nations i,!i their lands, not ceded
by the same instruments; and engaged
to punish whites, who should disturb
the peace ofthe Indians. All animos
ities were to cense, and, in the lan
guage ol* tlie treaties, these compacts
w ere to be executed, 1 with al! good
faith and since ih/.”
Tint treaties were in fact thus ex
ecuted. by both parties, and formed
the rule of intercourse, between
tint United States Mid the Cherokees,
during nearly forty years, without a
single act of hostility, or bad neigh
borhood, having b’ec'a authorized by
either party.
On the pai t of the United States,
nited Slates and the Cherokees,—a
compact Which was negotiated at
Washington, eleven yeais ago, it is
stipulated, that the provision's of the
intercourse law, which was made for
the protection of the Indians general
ly, shall be continued for the securi
ty and not by strangers.
But ns this question of supposed
benevolence does in fact sway the
mmds of some, so that they cannot
lanly look at the question of light,
your Memorialists feel bound to say,
that they have stem no reasons, which
t.y of tlie Cherokees; and thi s the j satisfy them, that the removal of (ho
i provisions ofthe intercom se law he- j Cherokees would be for their bene-
camc, in fact, a part of the trea- ! lit.
ly. j If the country West of the territo-
By the same compact, a permanent *y of Arkansas 'is correctly ■described
school fund is created, the annual in- i by Major Long, an authorized agent
come of which is to be expended in ol the government, it is uninhabitable.
diil’using the benefits of education a-
rnoi g the Cherokee nation east ofthe
Mississippi; that is, nhiong the Clfcr-
Hther travellers declare, that it is
nearly all a bom-dress prairie and dcsl
titute of running water during a part
ekees, mahU'nining their national i ha-jDl every year. The portion w kic k is
racier, in their present residence.— ; wooded, is extremely small, and
Numerous stipulations, found m all j would furnish a comfortable residence
the treaties, imply the sovereignly of!tyr only a port of (lie southwestern
the Cherokee nation, except so far • tribes. There is lenson to appro
as that sovereignty was qualified by! head, therefore, that the removal
a voluntary acceptance ol the oiler of j of these tribes, in a body, would
protection, and the regulation of trade plunge them inio a condition of great
on the part of the -nited Stales.—
These stipulations are all perfectly
consistent with each other; and your
Memorialists lind nothing, which lias
the appearance of bringing the Clier-
okees under the laws of the United
an ii repo i a lift;
distress, ami do them
injury.
II it should be admitted, that Inc
whole country is good, and capable
of high cultivation, as some of the aii ;
voentes of removal assert, the land
States, or ofxibamloning them to the WIB soon become all object of much
law s of the several States. On the greater cupidity t'o file w hites, ihaii
contrary, a national government al-1 the present tcrril'oVy of the Clnno
ways in vx'istcncc, nil inviolable ten i- jkees ever can be. They arc alicadv
lory, and a perpetual guaranty, meet 1 retired within the inounlaii s, at li
the eye every where, without any | head waters of rivers, in (lie most
thing of an •opposite description, ei-j eluded spot in all the southern part
llicr expressed or implied. | of our country. If they should be conk
Your Memorialists do. therefore i firmed in their right of continued oc-
senernl interest, which seems imeiy i yy ■ '
fo uffeet the cliari cter ef our coun- common subjects ol these treaties,
to aneoi uiccmmi.n.1 ^ ...... , . ; which neav)
'try and Us government, not only du- were the purchase ol land, lhcestn!i-i int| . u j
. • * i,lishment ol units, t'u; renaration ot ' _
Ting the present generation, but
through all future time. Wo refer
to the claims of thes Cherokee Indians,
and of other Indian nations in a simi
lar condition, and to the guaranty;,
which these nationf have received
from the government cf the United
States. t
V6ar Memorialists perceive, that
the interposition ol citizens remote
from the Indian territory is a subject
of complaint. It must be obvious,
(however, that the people, in every
‘part ofthe Union, may properly feel
igrcn’t solicitude respecting the pres
ervation of our national character,
-and the performance of the duties of
‘justice and humanity to the weak and
defenceless tribes upon our borders.
These arc topics of general concern,
and should bo whoWy separated from
-questions of local interest, and ever-
‘changing political parties. We stand
'on the broad ground of principle; and
would act from an unbiassed regard
to the national welfare and the happi
lishment of limits, the reparation ot
injuries committed in open war, and |
the restoration of prisoners captured
by previous hostilities. In all these
transactions, the Indians were called
nations. Their government, vested
in chiefs, was considered as being de-!
gilimate, and as always in existence;
and their tenitorinl rights were ex
pressly and solemnly recognized.
At the close of the revolutionary
war, Georgia, °s an independent
Slate, entered into new treaties with
the Creeks and Cherokees, by w hich
ten i t aria I limits were again fixed;
and the fixing of sut.li limits seems to
yoijr Memorialists an admission, that
each patty had no claim to land, thus
left in the possession ofthe other. ,
In the year 1785, the Confederated
Stales of North America made a trea
ty with the Cherokees, agr’ceing up
on the national limits, exchanging
the prisoners of war, providing for j
the apprehension and phnishthent -of j
criminals, and making such other nr
a law was enacted contemporaneous
ly, so as to be, in effect, part ofthe u ons 0 f the par Uies
same transaction—a law to regulate
intercourse with the Indian tribes, by
which heavy p: unities were inflicted
upon intruders, and rigorous meas
ures were authorized tn drive them
from the Indian l<
of legislation shows
our relations w ith the India:* was ( iliztH | niS( j lo industi icus
humbly conceive, that the United jenpancy, by the highest authorities
States are bound to the Cherokees,! of our nation, that l ight will he re-
by as plain and positive eOga-vfe’nicnts! spooled by all their neighbors; and
as language is capable oT expressing,, their title will be more secure,' than
to defend them in the possession of | any title which can be given them to
their cxJuntiy a'fi a nation, and iu the j a new country,
free exercise of their own law s and | There is every reason fo believe
customs, till they shall voluntarily j that w iiliin a quarter cf a century
consent (o change the existing rela-'from the present day, the pressure of
j population upon the frontiers cf any
Your Memorialists would further - icservr,lion cf go/d land, near th’d
state to your honorable body, that the j western limits of Missouri, Arkansas
Cherokees, thus standing on lheir oii-'uVid Lmisinna, will be much greater
ginal and perfect title, mid thus forti- • than it will be, at the same period,
zed tn drive them (t j p j j,y treaties, were urged by sue-, on the frontiers ofthe present Clicro-
smtory. l.iia n< ’U ces’siVo. Presidents of the United : kee count i y. 'Phc cost of transporta*
s that the p.an ol Stated io betake themselves to a civ- i tion is now less, as your Memorialists
)\ (h<> I t k< 1 n' A IVflS !!!._. IP/'. A J . ! I _ 4 ? I I- • A 1 • n I r* * m * - -
habits
, , i .j „ - , | are informed, from New Orleans to
thoroughly understood by a.) depart-] u ,i 10 solemn assurance, that they i the western limits ofthe Arkansas
ments of the government; and Mat ui s i K)U jj remain permanently oh the j territory;—that is, to the borders
land of their fathers, and should lin’d ! the new countiy intemh d for the In
in the whites good neighbor's, tv ho | iliar.s,—than it is from Augusta, Knox-
would rejoice in their proepwily.— j villo, or Nashville, to the Cherokee
disposit ion was cherished, all on hands,
to execute treaties with good faith.
It ins been said, that barbarians
are tfot capable of making a treaty.
But an illustrious orator, from our
own Stple, thirty five years ago, ex
pressed himself on the fluor of Con
gress, in the foil’dw ing manner.
They allege, that they received let-1 territoiy, which is the subject ofthe
lers of lliis import from Pi t sident: present controversy. Whenever tho
present controversy. .Whenever tho
Washington and President Jefferson; I western prairies shall be linbitr.ble
and that the agents ofthe United at ail, they will bn thronged with ^
Stales, residing among them, invaria-
“I see no exception to the icspcet - Lily made similar declarations. The
that is paid among nations tn the law | assertions ofthe President of the U-
of good faith. If there arc cases, in-nited Slates, whom they were taught
the enlightened period, when it is \ io-! to call their fattier, were alw ays re
lated, there arc none when it is d: 1 - reived hy them as the. decisions ol
cried. It is the philosophy of politii s, J the government; and 'doubtless the
the religion of govenuneVds. It is oh-j solemn assurance of tho chief inagis-
tu lilts .uaiiuii.il “ ""IT' , . ■’ | . . . ■
iicss of mankind; disclaiming nil inten-! rangemcnls, as arc usual m treaties
tion of interfering w ith matters, j of peace, between nations ol Europe. |
which do not properly belong to us, j It is a fact worthy of notice, that in.
and all prejudice against the rights - this first treaty made between the U-j
or interest of any State, or States, iti! nited States, and the Cherokees, H»o i
thb Union; (latter are not only called, and con-1
served by bntbniiacs. A ivhifl ol lo-
haecosmoke, or a string ol beads,
gives not inertly binding force, but a
sanctity to treaties. Even the Al*
giers, a truce 'may be bought for mo
ney; but, when ratified even Algiers
(rate of this country, made in his of-
rnorc dense population, than the moun*
tainous region near the north west
Corner of Georgia \vi!l ever bo capaj
ble of sustaining.
The idea of removing Indians so far
that they will not be followed by
whites, or that good land possessed by
them will not be an object of desire
to whiles, scertis to your Memorialists
licial character to an ignorant people - too visionary to require serious atten-
not versed in diplomacy, should not
be invalidated, except for the most
urgent and sntisfactoiy reasons.
Your Memorialists arc aware, that
are too wise, or too just, to disown or the Indians are uigi d to n niovc bc-
an.-inl its obligation. Tims we see, lyoml the Mississippi from a' regard
neither the ignorance of savages, nor Mo their own benefit, and with a view
the principles of an association fer pi-j to their future prosperity. But Hie
tion. U c believ’c there is no place
i\ itbin the territorial limits of our na*
tion, w here Indians can be protected
in their possessions, unless the strong
harrier of law can be interposed be
tween them and their neighbois It
would seem impossible to assign then)
any place, where ilie-y will not stand
