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CHEROKEE PHOENIX AND INDIANS* ADYOCATE
proving ihe Indian right, it P* * g s . a
violation of that right. 1 tr “ 8 ^ ll *®
too late in the day, and so enlightened
as this is, to contend that a tact which
is a wrong, is a precedent to j'isti y a
similar wrong; and that a violation ot
right in one ease, becomes a warrant
for a violation of right in all sii> ilai
cases
In the multitude of matters mged
upon our consideration, to show that
the Indians are not sui juris <h jure,
these are all which appear to me to
Jaay.eJ 1 vfcsi“"‘ r ironntisU n".m»( 1 st'tf
even that appearance. It is said lor
instance, (and 1 notice it as a sample
of the rest—for it would he endless
to notice them all in detail,) that the
Indian is an inveterate savage,, and
incapable ot civilization. Admitting
this to be the fact which I by no
means do admit, what has il to .do
with the question, whether his nation
is sui juris and competent to make a
treaty? Is the Indian right less a
right because the Indian is a savage?
or does oar civilization give us a title
to his right? A right which he in
herits equally will) us, from loo gin
of nature, and nature’s God. I he In
dian is a man, and has all
the rights
of man. The same Giitl who made
us, made him, and endowed him with
the same rights; lor '"o( out: bl«od
hat!) he made all the men who dwell
upon the earth.” Aud it we trample
upon these rights; if we lorce him to
surrender them; or extinguish them in
his blood; the cry of that injustice
will cry to the throne of that God.
anil there, like the blood ol Abel,
will testify against us. If we should
be arraigned for the deed before his aw
ful bar and should we plead our boast
ed civilization in its defen e, it would
hi his sight, but add deeper damna
tion to the deed, and merit but the
more signal re 1 ribution of his eternal
justice. As to the civilization of the
Indian, that is his own concern ii Ihe
pursuit of his own happiness; If Inc
want o it. is a misfortune; it neither
t'lkcs from h ; s rigids, nor adds to our
own As to h‘s being an inveterate
s ,a it i incapable of civilization,
I in ’ni..believe il; in that respect, 1
I, • ' , (s ’.'ihe the rest of man-
> . uo savage state is the nat
ural s*?te of man, and that state has
ch ic ns to the savage, vv! ich none but
the savage knows- Man no whi re, at
no line, ever 'rose from the savage to
the civilized man, but by the spur of
an nli. : ijiu‘.e necessity; a necessity
v 1 ’ controlled and could not lie
every essential feature of a free and
well balanced government. It is evi
dently not a work of blind imitation,
for while it has followed the best mo
dels, it has followed them only so tar
as they were adapted to their circum
stances; aiul it is original so far as
Iheir circumstances required it to he
so-and where it is original, it is no
less admirable than where it is imita
tive. Attentive to those circumstan
ces—so far from assuming any powers
inconsistent with their external reda-
tipnsv cither to the United -States or
cognises and' ralrthtf
exaetly as they exist, and confines it-
self e’ tirely to provis ons for their own
internal police. Sensible of their rude
stale, aud with a view to their own
civilization, it makes it the primary
duty of the nation to provide the means
of education, and to promote the ac
quisition and dillusion of knowledge.-
Indeed, all its provisions show a wise
survey of the present, and a provi
dent forecast for the future. Now,
this new government is not to bo tol
erated for a moment: State legisla
tion must come and abate it as a nui
sance, and the nation are to be pun
ished for this atrocious act, with the
forfeiture, and forever, of every na
tional right. They arc not to lie per
mitted even to resume the government
they had discarded, and to live a_aiu
as savages; but they are at once and
forever to be subjected to tue ride ol
another jurisdu (ion, never again to
enjoy tlx* light of self government; a
right which has com:
)—de-
calls an imperium in empeno
pendent and without the external
prerogatives of sovereignty; but still
an imperium. But no matter—no
matter how justifiable, bow proper
that, change of government was; how
strictly a mere exercise of right, they
see and they feel that their doom is
sealed; that lie decree is gone forth,
and will be executed.
The cry of the miserable Indian
will not arrest it; the sympathy of
this nation in that cry will not arrest
it; thst sympathy is not credited, or it
credited is despised; and we are told
that no pouer shall arrest it. My
fears are that no power will arrest
it, none certainly will if this bill pass,
and u it bout this amendment; for then
the Executive will not arrest il. But
if executed, and when executed, for
one, 1 w : ll say, that these Indians have
been made the victims of power ex
erted against right; the victims ol vi
olated faith, the nation’s faith; the
victims of violated just ice; yes, I call
newspapers most unfairly represent, j by the reflection that a stigma as foul
that no designs against the Indians are j a8 that fixed upon the forehead of
meditated; when Georgia insist (and
the General Government acquiesces in
it,) that she may and has by her laws,
abolished all the Indian laws, rules,
and customs, aid spread over the In
dian tribes, her sovereignty.
Let then the government meet the
ease fairly—let the people look at it,
lot them understand what is really in
tended, and not be told that this bill is
merely for the removal of those “ir/io
may choose to go.” This apparent
fairness, is ono of the strongest oh-
|n tlw> toll, for it conceals Hie
object. This real object has
aV
l«Ol
tier
l to witness of his violated jus-
We dice'Tilly insert, the following j
Idler from a distinguished corres
pondent in Washington, designed to .
expose another of the base arts re-j
sorted to by the opposors of Indian 1
rights. We cannot believe, however,
that the people of the United Stales
| will he deceived hv the pretence,
; that the government docs not intend to
! compel tho Italians to leave lueir
down u> them j emintrv. The trick is so onviuus,
been debated —the amendments to 1 lie
bill disclosed it. They were voted
down, by a course of arguments, insist
ing, that Indian treaties were not trea
ties, in the true meaning of that
term; and that if they wore
so. the General Government, had no
right to make them, as it respected
Georgia.
The agents of the United States,
who were lately sent among the
southern tribes, in their report to the
War Department, expressly say. If’
the government withhold their protec
tion as desired by (ho Indians, and
leave them /-> the legislation of the stales,
that the Indians will be willing to ex
change their present territory and
move OIL
In the wish that justice may be
done as well to these tribes, as to the
IVetn their lathers, and through an un
known scries of general ions, ami tor
an unknown series of ages. A rigiil
which they had used, bin not abused;
certainly not in the act which is made
a pretext for its (b s', met ion.
Hint our wonder is that
sense can expect that the
saiager or go
T ’ S' ■
whom he couid not live as a savage that
I- would submit himself to that in
cessant labor and severe rest rant,
which lies at the foundation of all civ
ilization; & <o whicdi nothing lint edu
cation and habit reconciles the Ha
inan.
he
ture even of civilize*
wild and free nature of the savage,
unaccustomed to involuntary ami con
stant labor, ami to the multiplied and
severe restraints of civiPzed society,
revolts at the idea.of that labor, and
his strong repugnance to them can on
ly he overcome, as I have said, by (lie
force of an overruling necessity. I
II -ve said this, not that I disapprove
or would discourage attempts at iheir
civilization; but to account for llie on
ly partial success, if it has been only
partial, which has attended those at
tempts; and at the same time to vin
dicate the Indians from the charge of
iuca icily for civilization; any fur
ther forth than is applicable to all
m:-bind, while, in a savage slate.
T .1 very ne. essity exists, and is be-
r,;, ling to‘exert it? civilizing tendency,
ere the tribes in question now arc;
l. i iwil no longer exist if they ore re
mved as is contemplated by this
Li!.
\gai i, il is • lleged against one of
any man ol
people wilt
not instantly detoi t it. No one sup
poses that the government ol i.lie Uni
ted Slates are about to lompeltiie
| Indians by any direct measures to a
iil fated ludiai s! barbarism, and at- | bambm their country. Tim « omplai.u
tempts at civilization, are atiae late ; is, that they refuse to fuilU meir
to your rights; but ait< ingts at civiii- j solemn treaties wjtli these poor pe.o-
z a lion the more fatal oi the . wo. | ple--that they refuse to protect llu in
Tim jealous of their own rights are from the oppression of G orgt i ami
ud and j her sister States. Tlie compliiint a-
gainst Congress is, that while llieso
treaties are the. supreme law of the
fonlidcncc of the public, l have sub
mitted this abstract of the ease.
rights are
the contemners ot yoiws; p
chivalrous States do not tliuhi it be
neath them to take advantage oi your
weakness. You have lands which
they want or rather which they de
sire, for they do not want them;
your rights stand in their way, and
(h osc proud and chivalrous (States do
not think it beneath them to destroy
your rights by their legislation.—
Proud and chivalrous States do not
think it beneath them to present to
your techie and helpless condition,
this altoronlive—/xi.(.lv<>«j util <:
hulit, tIns fields you have planted, and
all the comforts you have gathered a-
ioiuk! you; the homes of your lathers,
and the sepulchres of their dead; and
go far into the depths of an unknown
wilderness: there lo abide the destiny
which may there await you; or to
surrcndci your lights, and submit
yourselves to their power, hut to ex
pect no participation in their rights.
THE INDIAN BILL.
.SiHie of the papers that profess to
be friendly to the present AdminisWa-
iion have endeavored to mislead the
public, (i.i the subject of liie hill for
(he removal of the Indians, now be
fore the House of Representatives.—
They reprt scut the bill as very inno
cent—that il provides omy for those
tribes that may choose to remove, and
hence infer the unreasonableness of
the opposition made to il in the be-
Cain, lias been irrevocably stamped
upon our country through the insti u*
mentality of the Senators from our
own state.
We arc ever disposed to treat the
constituted authorities of our land
with all that respect to which their
stations entitle them and to no body
of men on earth have w e been disposed
to defer with more respect and ven
eration than the United States’ Se
nate. But, when we.read such pro
ceedings as the follow ing; no respect
or viMierutiun, slmll icolrain us from
the hold expression of our feelings, at
the suicidal stab at our national char
actor,, in which every individual, how
ever humble, has a deep and tender
interest.
#######
It is not our intention to investigate
the wire-drawn arguments of other
wise just men, and distingnislied'jii- <
risfs, to support the position, that
civilized man possesses the naturalright
to rob the s.ivago of the inheritance of
his fathers; it is not our intention to
scan the justice which in bye-gona
days, led ilie Pioneers of our repub
lic, to exercise superior arts which
civilization gave them, lo wrest the
fairest portion of our world from the
possession of its legitimate owners; it
is not our province to probe the hearts
and pass judgment upon the ino J
lives which actuated a large portion
of those from whom we have derived
our being, in adding field to Held that
they might enlarge the inheritance
which they should leave to their
children; nor w hether in all tin so do-*
mgs they contemplated the command
of Him who gave the whole, lo its
then proprietors, ‘‘do justly, love ruer-
U e would not if we could excite
the commisscra ion of our readers, at
the waste of human life which has
marked the progress of the Europeans,
& their descendants, nor tell how 1 lie
thousands and the tens of thousands of
irate. Now, one ot the most ubjec- once proud and independent men, who
land; while it is a matter of public no
toriety that Georgia has passed laws
in direct violation of them, laws
which deprive the Indians ol their na
tional existence, and compel them to
choose between expatriation and
slavery; and while the President ol
the United Stales has publicly de
clared that he shall not interfere to
enforce the treaties—Um.cjvjuvlnistaiT-
ces, Congress manifest no care for the
country; that while they grant to the
President and lo Geoigia all the fa
cilities which are wanted for the ac
complishment of an iniquitous project,
they refuse io utter one w ord of dis
approbation. Is il any justification of
such conduct that Congress have a le
gal right (o grant these facilities, and
that there is no harm in the grant in
itself considered. As well might a
An alternative w hich lias planted ! guardian justify himself for placing a
dismay and despair in every heart
that palpitates in that nation; for they
see their situation, and that nothing is
left them hut resignation to their fate.
Within themselves they have no re
source; without they have no hope.—
The guarantee of treaties made with
the United States-the faith of a migh
ty tin11on pledged for their protect ion--
whicli was their hope, is now their
hope no more; like Ihe morning cloud
and the early dew, it has passed u-
way; for the chief of that mighty na
tion has been appealed to make jH'ul
that guarantee, but has been appealed
to in vain. He lias told them that he
will not make it good; and that they
must submit lo that alternative.
But we are told they have deserv
ed all this, hecnn.se they have changed
the form of their government. But
has this changed their external reh
l! :UC"
■ : iunted not in one, but
s' these States, that they
) guilty u
r right to
o‘ b tie jo isdi ti
q>ih • i 1 Hot t 1 z fo
immediately un t r
h h the ar t of their bavin
l.h u j e
in S'-;
b t ve
fei's
pistol in the hands of a murderer, in-
ler lie has avowed his intention to
shoot h!s ward. Such a guardian, in
l he judgement of law and of common
sense is himself a murderer; and the
Senate of the United Stales, by pas
sing the hill provid ng for (lie ex
pense of removing the Indian, after
the publi • avowals of Georgia, has
made itself a partner in her guilt.
.V V. Ohs.
U'ashington. *.;pril g9, 1833.
I find in some of the papers
a very tin candid si a lenient of the
Indian quest inn, lately before the Se-
n.tie. i hesii papers represent {}*■»!
ilic object of iin, government is to
provide only for sui h tribes, as may
cltufsp to lenitive. This all looks ve-
ty tair. But the lad is, that the
wminieiit intends to permit the
sides ol Georgia, Atabuino, ami Mi.s-
si sippi, to legislate over the Indians;
to abrogate their own government;
and in this wav, il is hoped that the.
lionablo features of this act, is, that
the real object is, by it, concealed.
All who are conversant with ihe In
dian question know that the matter
lias become a controverted one, by
the unwarrantable claims set u;» by
several States to legislate over the.
Indians; and thus, by rendering their
condition uncomfortable, compel
them to remove. Some of the
w iTn.cu
lo Ilia General Government for
jtionswith the ; 'nited Stales? or with
! those Elites? Not in the least. Not
an act which for- j in any one possible respect. The
ive i ul ‘pendentiy j new government, like the old. is made j poor Indians will prefer, as the lesser
■f and which re- for their own internal regulations and
tel':." should be for that object merely. Sui juris as
gorously enforced. ! they are and always have been, they
had a right to make the law for iheir
chn n go it
the form of th 'ir government for their I own internal regulation, according to
dw i inter"-.I regulation. It seems Itheir own will, and to change it from
time to time, according to that will
They have done this, and in doing
condition, and with
o,vo Civilization,
that to Witter tliei"
a view to their
'.hey have discarded that ot the sav
age, and idopted the government well
devised to improve that condition, and
insure 'hit civilization; a government
that is in itself a monument of wis-
duti, th.it speaks volumes in favour
of thoir capacity for civilization, and
of their advances therein, for it has
this they have done no more than lliov
had a right lo do. If they now are a
government within a government, at
which such an outcry is made as jus
tifying their destruction, so they al
ways Inve been; and not more so now
than they always have been. They
have always been what the gentleman
pro
tection against, such Stale encroach
ments, and they were told that (lie
United States could not interfere,
a.-.d that they must either remove or
subiriil lo this harsh legislation. The
Indian Agents have expressly recom
mended t his ni'ide of leaving the Indians
to State legislation; and have staled
that ui their opinion this would in
duce the t ibes to exchange their
country. When the bill just men
tioned was reported to the Senate,
the nmmoridmeiifs were moved for
the veiy purpose of declaring to the
Executive, that the National Legisla-
I tu e felt hound in good, faith to protect
the Indians against all these Slate
pretentious — to I the tribes were our
allies, under our patronage, and not
subject lo the laws or authority of
any State. And thn whole discussion
turned on tins question of conflicting
claims between tin- United States on
the one hand, and individual States on
tne ' tlier. All knew that tlis parti
cular hill before the Senate, in itself
considered, secified to he quite harm
less. But the question pul to the
(. oagi'cr-s
you countenancei 1
il uvlil d/]
faith, and solemn treaties of
evil, to quil their homes and go n vity
into the wilderness. This declared
intention of the government, called
upon the committee on Indian affairs,
to sustain the unjust claims of tluyc
states; and hence the Report made
by Mr. White, as the chairman of
that committee, goes into an claim-
rate presentation of the various
grounds, assumed by tho state of
Georgia, adverse lo the Indians . His!
argument before the Senate also, pip 1
in issue directly the rights ol’this sta
(he oppressive manner in which you
know this bill is lo he carried into ef
fect? Will you permit Slate legisla
tion, bv harshness aud injustice, to ex
tort from tlie Indians a c i:srnl to re
move that will lie a meie choice of
evils—a reluctant and painful sub
mission to an alternative forced upon
these people, in violation of our
pli-hled laitli? It is wonderful that
some of (lie public journals should
seek lo disguise the answer given by
a in jmity of the Senate to such in
quiries. But the people will under
stand the rnutter, and .ve fear not the
answer whi. Ii they will yet give.
IVashington City Citron.
It is with feelings not less of pun
gent sorrow, than of unmeasured in-
igiation, that we have rend the
. >(<'• mgs of tho Senate of the United States
and the conflicting ng its of the Indian j m the 24th day of April last. And
n its, and the whole debate turned , that sorrow is not rendered less pun-
1 1 us < l u<:sllon; r,ml ? ct now thcs « I ge»t., nor that indignation less intense,
FLOUR FLOSJR!
rpHF. Subscriber has several barrels af
* first rate FLOfJR fb c c a | 0 i ow ^
were guilty of a skin not colored like
our own, have tecedod at the ap- 1
preach of their more artful invadeis:
or how these tenants of the forest,
gifted with the highest.order of intel
lect, have, over almost the whole face
of a boundless empire, been swept in
to total annihilation. We would nei
ther avenge their u rungs, nor write
tliejr cnilaidi.
But the proceedings of our Senate,
are of. a character totally different,
both in principle and in operation:
this character depends not upon any
combination of accidental circumstan
ces; but in their capacity of guardians
ol a nation's honor, have laid a ruthless
hand upon tho piiiars which,support
the temple of universal justice. They
have by a solemn act of legislation,
authorized (he public violation of all
tlie (icritics, compacts, agreements
and stipulations, ever made by ihe
government of tlie United States, with
the Cherokee Indians.
In vain shall wo search throughout
the achieves of the civilized world
(nr another act, of such unblushing a-
trocity. Even the petty princes of
the barbary States, can plead custom
in justification of their violation of
treaties and disregard of plighted faith;
and those nation niay lay ti:c responsi
bility of such hardened iniquity upon a
despotic Dey. But that a deliberc
live Assembly, representing (lie Chris
tian people of United America, should
solemnly rosolvc that (hoy will disre
gnrd and trample under foot, the
mir govern mem i Oh it is sickenin''-
lo (he heart of every one who loves bis
country. It is port entious of evil days.
Let it be remembered that amoa*
llios'* who have sanctioned .this de^
testable principle, is one, and only
one, among (he twelve New England
Senators.—two. and the only two,
who represent flu* sovereignty of Ih'o
great state of New' York,—and one
tcom the state of New Jersey—and
then let it lie remembered that the
"•hole responsibility of this nation, J
disgrace musl rest upon them; for had
they voted with their associates and
in accordance wilh what we helive (he
unanimous sentiment of their constitu
ents, the foul hi .f would not have
stained our national escutcheon.
Ontario Phoenix,
Cash or Hides. J F
WHEELED