Newspaper Page Text
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. M
CHEROKHE IMlOKNfX AND INDIANS' ADVOCATE
and to *[
the
v*
_ne present issue, to say, that
decision, which lie announced,
as overruled by a higher tribunal;
viz. the Court for the correction of
Frrors. But does Gov. Cass tell his
readers of this? does he let them
know, that the decision, to which he
refers ud less than six times, was
Overruled, and therefore is not law
sort, to accomplish their purposes?—
If it is found necessary to bribe mem
bers of Congress, will not the attempt
be made to bribe the;n? If falsehood
is necessary to blind the public eye,
will any scruple prevent the resort to
falsehood?—The case of the Indians
is a perfectly plain case, and if the
people of this country cannot see
fries he- mention the fact, that Chan- 1 through the sophistry of those who are
cetior Kent, af.er a most elaborate
examination of the matter, came to
the conclusion that the Indians in New
York are not under the laws of that State,
but are distinct communities, and, in a
certain and very important sense.
independent sovereignties? and that, in
a numerous court of thirty members,
the decision of the court below was j
overruled, and the reasoning of the |
Chancellor sustained, with but one i
disseuting vote? Does Gov. Cass |
announce these facts? No such thing, j
It would not answer to let the readers i
seeking to rob them of their lauds and
their liberty, our own lauds and our
own liberty may soon fall a prey to the
arts of the sophist. The case ol the
Indians is every man’s case: ’I he bar
rier of good faith which protects them,
protects us also: and ii it is broken
down, all on earth that we hold most
dear will lie open to the invasion ol
lyra ts.
What now remains to be done? The
answer is plain. Let every honest
man resolve that he will wash his ow n
hands of this iniquity; that his teslimo-
of the North American know them, j ny against injustie shall stand on record
Wliat! spoil an argument oy telling
the truth!
But our readers will ask, is it pos
sible that such bare faced deception
can have been willfully practiced?
It is impossible that it should have
been otherwise; for Gov. Cass actual
ly quotes part of a sentence and re-
"peats his quotation, from the very ar
gument of Chancellor Kent, to which
m the archives of our government.
If there are towiis where the people
are so sluggish and indifferent that the
people will not meet in public assem
bly to utter their united protest, let
individuals write their own memori
als. 'Phe people of Massachusetts
are setting a noble example. Pre
parations are in progress lor the ex
pression of public opinion in every
he was referred by the report of the I town in that Commonwealth
and propel secure, all men equal
in the sight of law, and entitled at all
tiiiigs to file right of petition.- If this
be hot a free Constitution, we may
look in vaiii for freedom in our own.
The President indeed is irresponsi
ble: or in other words,the responsibili
ty is transfered from himself to the
Ministers, as ip the government of
England. Still, the responsibility ex
ists; and for every measure of the ad
ministration which is tyrannical or
contrary to the spirit of the Coustitu-"
tion, the people may obtain redress,
as readily and effectually4s tbe peo
ple of the United Stales. The power
being temporary and elective, the
President has every inducement to
act prudently; m failure of which, not
only the Ministers may be impeached,
but lie himself is sure to lose his elec
tion at the next expression of the pub
lic voice.
The government is to be central,
as it is at present. We of the United
States might prefer that it should be
federative, like our own; but tins is a
matter of opinion, and docs not affect
the freedom of the country. It di
minishes the power of individual De
partment#, but not the power of the
people as a whole. Every citizen
has a rig
well as
Indeed, the establishment of District
most certainly know ' that among the"
whites of the surrounding counties intem
perance and brutal intoxication (at which
TT ~ 7 -' —- - - ~ ~~ \ humanity may well shudder,) may be\vit-
I he Committee °n Indian Affairs in the , nesse( j ; n ever y neighborhood. Go to tlwii'
House of Representatives, im page 21 of j ele c t i 0 ns arid codrtu and number ibose who
CIIEKOKEE PHCENIX.
NEW ECHOTA: APRIL 21, 1850.
their report say:
That the greatest portion, even of
the poorest class of the Southern.In
dians, may, for some years yet, find
the means of sustaining life, is proba
ble; but, when llie game is all gone,
are .under the influence of inebriating
drink, and then come into the nation, and
visit the Indian elections, courts and the
General Council and make a disinterested
comparison, an 1 we pledge ourselves'
... -. that there is less intemperance exhibited
as it soon must be, and their physical | here on these oceasions than a , he
as well as moral energies shall have | whites> It is an incontrovertible fact, for
undergone the farther decline, which , the triI(h ofwhich wc a , to all ll0ncPt
he entire failure of the resources of eye-witnesses, that on (hese public occa-
he chace has never failed to mark in j siong> particularly at the General Council,
their downward career, he hideous j which continuc9 foiir weeks , a drunken ^
features ill their prospects will be- (iian is seldom to be seen. We are so rv
lit to lie heard in a central as
in a federative Republic.
Let it | Chambers, for the cognizance of iriu-
decision in the court belmv; both deci-! not be said, ‘These memorials will he nieipal and local affairs, assimilates
..sioas bein'*- in the same volume. He 1 in vain,-they will not save the Indians.’ j the government, so far as individuals
'takes caro, however, not to give any j They may
come more manifest.
Whoever really believes that the Cher
okces subsist on game, is most wretchedly
They
they do
save us
are sorry
that intemperance does exist, but is it not
universal ? There has been of late consid-
....... . . erablc reformation among the Cherokecs,
deceived, and is grossly ignorant of exist- i • ,i „ , „ ,,
in common with other parts of the coun*
ing tacts. 1 he Lherolcces do not live upon lry
the chase, but upon the fruits of the ear.li . ■
, w - ..' Against the statement of the committee
produced by their, labour. We should i . .... : .... ...
• i . J ... • , r that lhe condition oft he common Indian
like to see any person point t<j a single farn- • . .. , , .
« perceptibly declining,” we must trive
ily in this nation who obtain their clothing I ■ , • , . ,. ®
, ..... ,,, ; b . our unbiassed testimony, and anneal to
and provisions by hunting. Ii e know of f . ' , ... , 11
. , tacts repeatedly made public—the common
no one. We do not wish to be understood r „.- „ . ' on
..... , , . . . Indian among the Cherokecs is not declin
es saying that they do not hunt—they do • , . . . utcun-
, J b ... ' tn g, out rising.
hunt some,probauly,about as much as white r
people do in new countries, but they no' ^ be Ghcrokees are generally nil-
niore depend upon this occupation for liv- deistood to have. made further r.d-
ing than new settlers do. Game has been vanc ’ f:S ,n civilization than the neigh*
nearly extinct lor the last thirty i b QI | n S G'ibos, Slid a description of
years, and even previous to that, when the ,e ‘ d situation may make it of
less importance to notice, in dflt"
Like the blood on the door • that tliey carry u
the manifestation of sympathy of our
rtd brethen, and a deep sense of the
wrongs with which they are threaten
ed?
indication of Chancellor Kent’s opin
ion, on the very point at issue.
We do therefore impeach Lewis
Cass, Governor of the Michigan Ter
ritory, and Saperintcndant of Indian
Affairs, having a double salary, with
many emoluments of office, the con
tinuance of which undoubtedly de
pends upon the powers that be;—we
do impeach tliis celebrated Reviewer
in the North American Review, of
an act of flagrant and palpable dishon
esty os a disputant; in concealing-
from his readers the true state of this
Case. Why did he not, like a man,
tell his renders, that the decision on
which he had 'bean building, was o-
verrulcd? Why did he not give at
leftist one page, in connexion, from
Chancellor Kent’s reasoning;—a page
which would be worth*niore to man-
kin J, than any fifty, that he himself*
ynj! \rii»io? There is a Latin max-
nil . which wewill 1 tr ansla19Jk : <-m
honest oric;--?o conceal ihc truth is
just as criminal as to tell a downright
lie. The lawyer who should perforin
a trick of this kind, by quoting as law
a decision, which ho knew to have
bos 1 set aside by a higher court,
would deserve to be thrown overihb'
bar.
We charged tbe reviewer with
dishonesty as a disputant. We
should not have done this, if it had
been a question of politics merely, or
of science, or of Indian philology.—
But the discussion of llie rights of the
Indians is a graver subject. No
course can possibly be so injurious to
thorn as that of concealing the truth,
overwhelming their character with
obloquy, and disguising the real stale
of the case by sophistry, while pre.-
ten'ing ivitlral to a large share of I every reader, that the general fea-
phiionthropy and a great .deal of wis-! tores of this instrument are eminently
d'im. There are feiv moral offence a republican ami liberal, and directly
so atrocious, ad firdt to deprive a — :
weak and defenceless people of their
public and private character, and
then assign their destitution of Char
acter a3 a reason why they should he
deprived of their country, their free
dom; and, (as the event wilLprove to
many of them,) of their lives.
save the Indians, hut if arc concerned, very nearly to our own j C! j et ; ol ‘ ce8 depended upon th* chase Ior! (hc coidition of t heathers” "r'r-n
not save them, they may organization. Tlie only difference is, ,^ u _ , 103EC ‘, T..!*'.."! * bis point, the coininiUeo "
their petitions and j t!iCir iu!ls upplj
posts tliey will be a token; and when remonstrances to the District Cham-1 "') at is now lllC b'nits oi this nation. Gut
the angel of desruct'fon passes through | hers, instead of the State Legislatures;! otl ^ asl vesll S c ot game in these woods,
the land to smile it with his plagues, | rut excluding, however, as we under-
the houses in which that token is found, stand the case,the right of petitioning ; l * ic y * ,ave p^uty of corn, and domestic au
may escape the judgment of heaven.” the. National Congress.
Have the citizens of Vermont no There is one feature of the Consti-
protost to utter oti this subject? Willi ' lut ; 0 „ ^hirh in itself is a matter of
a few honorable exceptions, no voice j regl . et . \Ve refer to the non-toloi a-
lias yet echoed in the Halls of Con- t - l0 „ 0 f jm Uj c worship other than the
gress from the Green mountains,in fa j Catholic. But the regret is not more
vor. of the Indian*. Shall it he said | j oc;) | y f,,| t Ly oursefves than by the
l.nit we are behind our sister-states in ! m 0 rc enlightened and intelligent ol the
fed sensi
bly the uant ol that statistical and
JS accurate information, without nliicli,
-j - ! 1 , 1 they a re aware dial liicv catmoi ev*
»v#» Iindpi- and you cannot starve the Cherokecs— 1 „ , • , J 1 J mioi ex
" eunaei I’cct tlicir representations to be te-
ceivcd with cm ire confidence. To
. . I, . . 1 supply inis deliciencv, however llir-v
manulacture then- ow?i clothing. : r .•
... , b have sought information from every
lht com.niUce do not mean to ex-1 proper source within llieir reach, and
agger ale, cither m the statement ol ,| 0 not fear that the general correclnrs#
inets, as tliey are believed to exist, of their statements will be ec
finals, and they raise tlieir own cotton, and
Colombians. Many of the Delegates,
we have reason io belivo. asseiited to
this feature, not from tlieir own choice,
lint because-they considered it ac
cessary evil. The influence of the
Mn l!^ instructions of the Secretary of j ( j s t j n (b #t country, olid
cd iii document No 8, pp. 179—80, acc.om- the mass ol the people are ignorant
panving the Secretary’s Report, is found anil superslilions. The transit from
the following language: “The best;resort inquisitions and tortures to a perfect
Do induce timimlms Jp..fiWWK5Mtf 1 »W ’tfti * ‘ ‘ . »»
appeal to the chiefs ar.d influential men—, Inadt5 at once, and can only be attained
not together, hut apart at their oion houses ; by degrees.. If Colombia continues
—and bv a proper exposition of their real , fi-ee, it will evenlually be realized,
condition, rouse them to think upqp that; ln lho nTei)n tillie it is satisfactorv. to
whilst offers to them of extensive reserva- , ,, . . . . - ;
lions- in fee simple, and other Rewards, \ believe that the most liberal interpre-
would it is hoped, resul^.in obtaining their j tation of the clause will be made by
acquiescence. This had. •tlieir people, as the government, mid that they will do
a body,.it is believed, would gladly go.” j what they can, in the prudent exer-
Wliat should be thought of a project j cise of their powers, to prepare the
which requires such measures to carry ! public mind for still further encroach-
.it into effect?—Ft. Watch. I mcnls upon the prejudices and super-
» wi«gB ■ — — stiI ions of past generations.
COLOMBIA. I ^ , ° 1 ’ ou >'selves we are convinced,
From the Journal of Commerce. .-I that , if !. he Constitution, as a whole, is
not the freest winch could possibly be
intended, it is at least as much so as
The .Yew Constitution of Colombia.
—Iff publishing on Tuesday the Basis
of the new Const itution,of Colombia,
as agreed on by the Constituent Con'
gress, we had no space for comment.
It must have occurred, however, to
Whatever is done for the Indians
(■gays the N. Y... dbserver.)imi8t be
iloie quickly. The Cqra nlttees on
Indian affairs in both Houses of Con
gress, have unde reports favorable to
the views of Georgia, and there is
rcason-tc fear that avarice and injus
tice will finally triumph; that in the
language of Mr Wilberfoce. “Self-
interest will prove an over-match for
benevolence.” It is clear that some
of those in authority, both in the gen
eral and state governments, who are
most aotiva on the India , question, are
totaHr destitute of moral principle.—
Indeed '.they themselves openly avow
it. The authorities of Georgia pro
claim the debtfine that ‘might makes
r : ght;’ and the Secretory of War has
instructed his agents to offer bribes to
t'VA Indian-chiefs to induce them to pell
their lands. # After such avovyals
what may we notexpeet? Is there any
iniquity tv which suph men will not re
nt variance with the predictions of
many of our fellow-countrymen. We
rejoice that the time has at length
arrived when the public mind is to be
disabused of the suspicions and preju
dices which have too much prevailed
against the Liberator and Colombia,
and when wc arc permitted to deal
with facts, instead of artful reasoning
and bold assertions. Where now is
the crown which we have been told
was preparing in Europe for the head
of the Liberator? Where are the
usurpations and chains which lie was
represented to be forging for the
Colombians, after expending his for
tune, and hazarding his life again, to
achieve their independence? We see
them net;—but on the contrary, we
behold a Constituent Congress, con
vened by his call and elected by the
free suffrages of the people, deciding
in solemn convention that the govern
ment shall be “popular, representa
tive and elective;” that the different
powers of the government shall be
clearly defined and properly balanced;
that the administration of justice shall
He independent; that no power shall
he exercised by the President or any
other magistrate, but wliat is given
him in the Constitution; that the press
shall be unshackled, personal liberty
it
the condition of the people will enable
them to bear. When the Anglo- A-
merican Colonies were ushered into
being as a separate nation, they were
already enlightened in the principles
of liberty and self-government. In
spite of stamp-acts and involuntary
taxation, they were essentially free.
Compare tlieir condition with that of
the Spanish American Colonies, wlieh
they achieved tlieir independence,
and how great is the contrast! The
latter had never governed themselves;
it was the policy of their oppressors
to keep them in iguorancc; and as re
ligion may be made an engine of des
potism, they were taught to Iqok
upon every other but their
tlieir own as a mortal and unpardona
ble heresy. If under these circum
stances they are ablo so soon to take
tlieir. place by the side of the freest,
and happiest people on earth, even
though they retain in tlieir organiza
tion-some vestiges of their ancient
barbarism, every philanthropist will
rejoice at the rapidity of tlieir ad
vancement. Every friend to liberty
will thank God and lake courage.
or in the deductions which they make
from them, as to the future piospects
of the.Indians.
The Committee have, nevertheless, great
ly exaggerated—ali their statements, of
wliat the) call facts, are nothing but un
founded assertions.
The intelligent observer of tlieir
character will confirm all that is pre
dicted of their future condition, when
•he learns that flits maxiin, so well es
tablished in other places, “that nn ln-
11 iMirvuuiiu 1 work-,” mis lost none of
its universality in tlie practice of the
Indians of the South; Unit (here, too,
the same improvidence and thiist for
spirituous liquors attend them, Hint
have beed the foes of tlieir happiness
elsewhere; that the condition of the
common Indian is perceptibly declin
ing, both in the means of subsistence,
ind the Jiabils necessary to procure
them; and that, upon the whole, the
etn-
llmn
LETTERS
R emaining in the post office at
New Echota April 1, 1880.
Capt. EliasB. Boudinot, Samuel Cope
land, Benjamin Paton.
S. A. WORCESTER, P. M.
CONSTITUTOR
OF THE ClIEROKEF. NATION FOR SAIfT
HERE.
mass of ihse population
ern Indian tribes are a less resp
ble order of'huxinn beings now,
th£y jvere ten years ago.
The maxim of out- enemies, “that an In
dian cannot work,” the committee sup”
pose “well established,” and it would most
certainl y be well established if they could
but prove tlieir naked assertions. \Vc know
of many Indians who not only work, but
work hard. Who labors for the Clicro-
kee and builds his house, clears his farm,
makes his fences, attends to his bogs, cat
tie and horses; who raises his corn, his coj
ton and manufactures his clothing? Can
tlie committee tell ? Yes, (hey have an an-
swer at hand. He has no house, no farm,
no hogs, cattle, no corn to sare him from
sfaiiation, and clothing to cover him from
nakedness. 'We know not what to say to
such assertions. The above maxim lias
been received by many as'truth, but not
by the intelligent observers of their char
acter, but by tlieir enemies and such as
have not bad the means of knowing facts;
But suppose it was once well founded and
correctly applied, it has long Since lost its
universality. We invite any person who
may be hesitating oh this point to come and
sec and judge for himself—we are not afraid
that the truth, the whole truth, should be
known—we desire it—we invite“the most
rigid scrutiny.”
“ I hat an Indian has an inherent thirst
for spirituous liquor,” is another maxim
which the committee think is well applied
to the Cherokees. On the charge of intem
perance, wc are very far from pleading not
guilty we have ourselves raised our voice
against this crying sin. But if the charge is,
that the Cherokecs have greater thirst for
spirits than whitemen, we unhesitatingly
deny It is not so—we speak from per-
sonaT observation. Facts form the only
proper criterion in this case, ati*>H4iat is
the actual state 01 things? We know,
on firmed
by the most rigid scrutiny.
Here thru is (lie great mystery—the'
committee feel sensibly the want 0/" Statis
tical rnul Accurate information! 'J his
accounts for their misrepresentalions.- -
Ilut v^is it impossible to obtain correct
statistical information? They thought so
we presume; far tliey sought it “from every <
proper source.” If they bail only applied
for testimonies which disinterested persons
would not consider improper, (lie informs-,
iiuil wmilil iiuiwl ©•Ac.ily.Uwrc been olr(aiIlClf •
Wc could have furnished them with a true
copy of a statistical table taken in 1821, So
hv inquiring at the Agency, we doubt not
they could have found another taken i n
1810. By comparing these they would have
formed a true foundation for facts and ac
curate deductions. But no, such a course
would not possibly answer—they must sub
information from somewhere else, not from
documents, and resident whitemen, hut
f t!.0 South- : from the enemies of the Indians,
rv 11
looking with eager expectation to tlmir re
moval, tlint they may take possession of'
the spoil, obtained by means the most unj
manly and iniquitous,
Extract of a letter to the .Editor dated,
Washington City, 2J April, 1830,
An attempt has been made in (he House
to get the Indian question up, but' failed,
and I am certain will be taken up imxt
week. Judge While notified the Senate
that he would call it up on Tuesday next,
(ffthinst.)
An interesting discussion took place
on Friday last in the Senate on the
bjjl to extinguish certain Indian titles,
lhe bill appropriates 40,000 dollars
ily in
pure and
One of
Utat th e
^nd who
to enable tbe Executive to bribe the
Indian Chiefs. This is a novt
der our (xovtfrnment, but
character willi,, the prps
economical Administratif
those Senators who be!
President can do no wre
are willing to sacrifice tlio°IeJ*fiinata
constitutional powers of the S(^lat§ ( 0
make him a despot, was so scamTftw
lized at the proceeding, that, after ■
being obliged to confess that ‘ honesty
was the best policy,” he moved an a-
mendment, when the subject was first
introduced, . which, together with the
bill, was laid on the table; and w hen
called up on Friday, to the surprise of.
every one, it was found that he had
been whipped-in, and thus acknowledg
ed that the old maxim he had laid
down was obsolete and unfashionable
in lhe present condition of the country.
The measure adopted the Senate
on Friday, which was n party ques
tion, establishes the singular prece
dent that the Executive may bribe or
make secret presents to the Indians-
& thus, without consulting the Chiefs ’ ,
introduce that poison am»,ng the^