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CHEROKEE FH
IX, AXB INDIANS’ ADVOCATE*
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‘ '* ■■ -- ■ ^W^——j M —
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VOL. III.
NEW ECHOTA, SATURDAY JULY 3, 1820
NO. 11.
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AGENTsToit THE CHEROKEE
PHIENIX.
The following persons are authorized to
receive subscriptions ami payments for the
Cherokee Phomix.
Messrs. Peirce ft Williams, No. 20
Market St, Boston, Mass.
(■gorge M. Tracy, AgC*?t oflkoA. B.
C. F. M, Notv Y one.
Kiev. A. D, Eddy, Canandaigua, JT. V.
Thomas Hastings, Utica, N. Y.
lies'. James Campbell, Beaufort, S. C.
William Moultrie Reid, Charleston,
S. C.
Col. George Smith, Statesville. W. T.
Jeremiah Austil, Mobile, Ala.
Rev. Cyrus Kingsbury, Maylicw, Choc
taw Nation.
Oapt. William Robertson, /,;?gusta,
•Georgia.
Col. James Tvr.v, Bclluonte, .Via.
XNDXAuiT
SPEECH OF MR. SPKAUUE,
Of Maine. In the Senate rj ine U-
niteil Slates.—April 10, lo3D.
The following amendment, to the
bill for the removal of the hulrna, be
ing under consideration:
“Provided always, That until the
said tribes or nations shall c.hoose to
remove, as by this act is contemplat
ed, they shall be protected in their
present pos essions, and in the enjoy
ment of all their rights of territory
and government, as heretofore enjoy
ed, from all interruption and encroach
ments.”
Mr. Sprague addressed the Senate,
as follows:
Mr. President.—The gentleman,
who has just resumed his scat (Mr.
Forsyth,) has indulged in a wide range
of remark in defence of his Stale a-
gainst imputations which he supposed
to have been elsewhere cast upon her.
This course may have been very
proper in him; 1 fully appreciate the
motives which induced it. Rut I
have no occasion to follow him; I have
no wish to derogate in the least from
the character of Georgia, hut rather
that it should be as elevated as her
most devoted sons can desire. I
phall speak of her so far only as is ne
cessary to tee free discussion of the
,'Subject before us.
Thisbill and amendment, and the
iliScyssion, which they have produced,
involve the question of the rights
•and duties of the United States
with respect to the Indian tribes
generally, but more especially with
the Cherokees. With that peo
ple w r e have not less than fifteen trea
ties. The first made in the
1785, and the last in 1819.
By several of these treaties, we
have unequivocally . guarantied to
them that they shall forever enjoy—
1st. Thejr separate existence, as a
political community;
9d. Undisturbed possession and full
year
enjoyment of their lands, within cer
tain boundaries, which are fully de
fined and fully described;
3. The protection of the United
SLates, against all interference with,
or encroachments upon their rights by
any people, state, or nation.
I or these promises, on our part,
we received ample consideration.
By the restoration and establish
ing of peace;
By large cessions of territory;
By the promise on their part to
treat with no oilier state or nation,
and other important stipulations.
These treaties were made with all
the forms and solemnities which could
give them force and energy; by .com
missioners duly appointed with full
power; ratified by the Senate; con
firmed by the President; and announc
ed to the world, by Ids proclamation,
as the binding compact of the nation,
and the supreme law of the land.
I he Cherokees now come to us,
and say that their rights are in danger
of invasion, from the States of Geor
gia and Alabama; and they ask if we
will extend to them the protection we
have promised, and perforin the en
gagements wc have made. This is
the question they distinctly propound,
and which we must unequivocally an
swer ; and we are now discussing
what our response shall he.
I here is a broad line of distinction
between the claims of Georgia and
those of Alabama and Mississippi,
which seems heretofore to have been
unobserved, but which I shall endeav
or to keep in view.
Let us first inquire wlm't our du
ties are w''b respect to Georgia; for
if her pretensions are uufi muled, those
of Alabama and Mississippi fall of
course.
It is not necessary to determine
whether the Indians have just grounds
lor their apprehensions or not, be
cause the question is, whctliei ij the
rights secured to them by our trea-
t>es, should, at some, future day, be
invaded we will perform our engage
ments?
But have they not cause for their
present alarm? In December, 1C27,
a Committee of the Legislature of
Georgia, made a report accompanied
by sundry,resolutions, which were ac
cepted by both branches: and the
resolutions also received'' the ap
proval of the Governor. In tlie
report we find the following language,
respecting the territory of the Ciier-
okees: “The lauds in question be
long to Georgia—she must and she
will have them.” And in the resolu
tions, the following:
Resolved, “That all the lands np-
*‘p v ropriated and unappropriated,
“which lie within the conventional
“limits of Georgia, belong to her ab
solutely; that the title is in her; that
“the Indians are tenants at her will;
“that she may at any time, she plens-
“es, determine that tenancy by taking
“possession of the premises, and
“Georgia has the right to extend her
“own authority and’ laws over the
“whole territory ” ■»'
“ Resolved, That Georgia rnfer-
“tair.s for the General Government,
“so high a regard, and is so solicitous
“to do no act that can disturb the pub
lic tranquility, that she will not at
tempt to enforce her rights by vio
lence—until all other means of rc-
“dress fail.’”
“Resolved, That to avoid a catas
trophe which none would more sin-
“cerely deplore than ourselves, we
“make t-his solemn appeal to the Uni-
“ted States,”- &e.
it is thus asserted as the right And
avowed as the determination of Geor
gia, to exercise absolute power over
the Cherokees, & to take their lands at
all hazards—even by violence, if oth
er means should fail.
The Gentleman from that State,
(Mr. Forsyth,) observed, in the com
mencement of his speech, that he felt
himself bound in conscience to re
lieve his friend from New Jersey,
from all apprehensions of a violation
of the faith of the nation; by demon-J here, to watch over the legislation at i make his claim—the Indians? Loeft
strating that the claims of Georgia ! Mpledgcville? ! he bold their bond? No-they bold
• vve,e supported by treaties. And lie j But, if this power was in its nature ours—they now present it to us anJ
proceeded to do so in language so: transferable, it must be so subject to demand its performance—and * tH!
strong, and tones so triumphant, as to j the fest notions and limitations in the | he can rail the seal from off that
mnko an evitlnnf iltlt roccinn nnnn tlVn’v r-imf . li A *wl >> I.a ■ » „ . ■
make an evident imj ression upon
members of the Senate. Let us de
liberately examine this argument.
The first treaty referred to, was
that of Galphinton, in 1785, by which
certain concessions were made to
Georgia. But that was by the
1 treaty contained,
the fotlowiug;-
with equal scrupulosi*
Crceks, and by them only, and bad no ! disturbed possession of their lands. maintained
relation to the Cherokees,— [Mr. j 3d. That the power to manage ty.
Forsyth explained, lie had remarked \'‘lhcir afairs" shall be exercised for The Hon. Chairman of the Com*
upon that treaty in answer to the gen- i I he benefit and comfort of the Julians; miltee on Indian Adairs (Mr. While )
tlemnn from New Jersey, (Mr. Fre- j und for (be prevention of injuries and j conceded that the United States had
mghiiysen.) and not as bearing upon J oppressions.*' repeatedly pledged their faith to the
Did this give to the United States, j Cherokees to interfere for their pro-
lb light to drive them from all their j tection, but contended that we eught.
lands? Or to destroy the Cherokee riot to perform these stipulations of
nation, to strike it out of existence; | our treaties because of the conflict-
and instead of managing for their j i»g claims of Georgia. He laid down
“benefit” to annihilate “their af- bis proposition, that if the United
the rights of the Cherokees.] Mr.
Sprague resumed; lie was glad to re-'
ceivo (be gentleman’s explanation;
it precluded the necessity of any fur-1
thcr remark upon that topic.
The treaty next cited was that of i
Dewitt’s corner, A. I). 1777,
tween South Carolina, Georgia and
the Cherokees, by which the latter
acknowledge that a portion of their
country extending as far as the Una-
caye mountain, had been conquered,
and they made a cession of the same
by defined boundaries, to South Car
olina, and to Iter only. Tbe conquer
ed and ceded territory lies wholly
within that State; and it is not now,
and has not been for at least one gen
eration, either claimed or occupied
by the Indians. What right can that
confer on Georgia to lands now owned
and possessed by tbe Cherokees?
The next position was that tbe
right of his State was derived under
the 9lh article of tbe treaty of Hope-
well; made botueeu the United
States and tbe Cherokees, in Novem
ber, 1785, by which they gave to the
United Slates, the right of managing
all their affairs. To this Georgia
was no party. But tbe Gentleman
contends that the United States trans
ferred all their power and claims, un
der the treaty, to that State, by vir-
|),*-; fails,
as a body politic? Or could
right than
Slates had come into engagement#
we convey a greater right than we inconsistent with each other, so that
ourselves possessed? j it was impossible to keep both, thal
But l tils is not all. The Gentle- l hut which was prior, in point of time,
man passed over in utter silence, a should he specifically performed, and
most important event which inter-; ample compensation be made for the
veiled between the treaty of Hope- breach of the other,
well and the compact of 1802. It is j To this position I freely assent; and
the treaty of Holslon made in 1791; i upon this basis will rest the argu*’
by which tbe United States again ment.
promised the Cherokees to protect j | t is incumlrent upon the Hon.
them in their rights as a nation; and Chairman to show in the first plate*’
lie all ail.cle holds the follow mg j that our obligations to Georgia aru
language: “I he United States |incompatible with our treaties; and,
solemnly guaiiantee to THE Che- | in the next place that they are of *
itoliEE NATiON, ALL THLiR Lands j prior dale. Tlrs, he and two gentle/
not hereby ceded.” If any right men who followed him in the debate
was transferred to Georgia, it would ; (Messrs, .nrKinley and Forsyth) have
be such only as existed at the time, ! attempted to do. Their argument is,
and subject of couise to tbe slipula-, that before the Revolution, Great
turns oi that pre-existing treaty. j Britain bod jurisdiction over the abo*
llieie is still another view of this rigincs and the sole right of treating
subject. A c we not bound to see i with iheui, and that this power was
that our treaties are fulfilled.'' The j wrested from her by conquest during
Indians say that their very existence i the war, and forever abandoned by
is threatened . and inquire of us whe- ; the treaty of 1783.
the,- we w ill pc.form our solemn j-’V j i w - ou ,d first observe that, if it wo*
'*■ “J I ISl5 ol P^Don. \ Mu,t 8111,11 ' vr ! obtained by conquest it belonged trV
tuc ofthe compact of 1802; and that | answer? I hat we have conveyed lii(J conquer ers. And who were the
mot interfere with her bat promise to another!-lh»t we. conquerors? The United States?
have transferred our obligation t 0 |wb,were also a party to tbe treaty
Georgia! have given her a .cense ! of peace . Upon this ground rt was,'
to violate our treaties! May they not ; (hal New Jersey, Delaware, Mary-
repiy that the very purpose for j | nn< i, on d other States so strongly if,,
winch tlieyy -diased our guaranty, si9t0( i lhat the Crown lands, which
and the prdroclion of the strong aim .had been acquired by the common
of our Government was to secure | ni . ra fllu | at the common expense, be-
t iem against the encroachments of, longed of right *o the common fund.
j - - them-while neighbors m that State? T/eir demand to a great extent suc-
lo transirr a pre-existing treaty with 1 he compact of 1802, which has cceded. The several States yielded
the Indians? Was it so intended? been so much insisted upon, was made j | 0 tneir pretensions bv successive*
Ancr.il it had neen, is the power between the United States and Ceoi- cc 8 i on9 ; Virginia magna'nimously take
whieh.1 he treaty confers to legislate j ftuu i he Cherokees were not par* I jng the lead.
for thoir benefit, in its nature trans-Mirs, nor even assuytod to it. Of; p,.r . d .* i ■ , , „ /-
Ibrable? The Article is in these . course it could not impair their rights, i "1ii ’ > r <■ 1 ’ 8 ,n - no
words, '-For tbe benefit wild comfort or confer U|>on Olliers claim a- ; '2, |T ,1^ i. I Tl f, M •
“oflhoio‘ii.i», «ud for .1,0 proven- gainst lliom. If I, Hr.' President, j *° av0,d 0,1 d,,b “ teabl *
‘ lion of injuries and oppressions on I should promise the gentleman that 1 ® '
“the part of the citizens or Indians, j would obtain your farm and convey \ Concede Jthen, ^ for the present,
“the United States in Congress as-
“semhlcd, shall have the sole and ex-
“cJusive right of regulating the trade
“with the Indians, and managing all
we now c
pretensions. The clause in the com
pact, which is relied upon, is this—
the United States “cede whatever
claim, right or title, they inay have
to tbe juris/’’ 'tion or soil of any lands
. lying” within tbe limits of Geoigia.
Does this relinquishment of the
,I;t of the United Slates, to the soil
and jurisdiction of Iho lands, purport
“their affairs in such manner as they
“think proper.” The power given
is strictly personal and fiduciary; to
bo exercised according to our judg
ment upon future events, and for
their benefit. Can even a guardian
transfer his rights and duties at plea
sure? By the constitution—the fun
damental compact—Georgia has giv
en to the United States the light to
legislate in certain cases over her cit
izens for their benefit, for example,
to organize, arm, discipline and call
1 oith her militia. Can the United
StaVs transfer this right to South
Carolina, or any other Sovereign?
The express words of the article
requh« this right to he exercised by
the United Stales “in Congress assem
bled.” Can we without the consent
of the other party, strike out these
words End insert—the Legislature of
Georgial
Again-—in order to see that this
power Is properly exercised, the
J3lh Article secures to the Chero
kees, “the right to send a deputy of
“their choice, whenever they think
“lit to Congross,'* Shall ho come
would obtain your farm and convey i ■. - ■ »
it to him--Would that div^t vour i t,iat . "^eorgia became indepen-
title, or authorize either oT us to ’’’ l7,76 ’ sl,e nt once succeeded
wrest it from you by force? The ■ to n11 . ,lie precsiistisig rights o.f Great
compact itself expressly recognized ' Br,ta,n over ,llR unmeasured forest!
“Indian title,” and the United States
were to extinguish it only when it
could be done “peaceably” and on
“reasonable terms.”
'die gentleman having, as lie sup
posed, 'hilly sustained flic treaty
claim of Georgia, by tbe arguments
upon which I havo remarked, trium
phantly exclaimed, “1 will have iny
bond, I will have my pound cfflesh.”—
A most unfortunate allusion, Sir; and
which I should not have been un
kind enough to make. He will
have his pound of quivering flesh ta
ken from nearest the heart ofthe liv
ing man! But be will take it with
out one drop of blood.—
——“A ve—there’s the ruli”
F»r, in cutting off t hat pound of flesh
What human blond shall flow—“must
give us pause,”
The fiend-like Shylock himself
could not take the penalty of his bond,
because “no jot of blood” was given.
And none is given here, hut the ex
press contrary-“peact'ablv’’-“peace
ably”—and “upon reasonable terms”
too, is the emphatic language. But
against whom, does the gentleman
/' t
Among which are bond,” lie cannot absolve us from it!
i » nu , , j obligations. lie declares that he
. ,sf - ihat the Cherokees shall con- will have the terms of bis compaei
imue \o exist as a distinct political j fulfilled to “the twentieth part of one
comm unity, under the protection ofj poor scruple,” and to the division of
the l.uited Slates. j a hair. So be it; and let the Indians
2d. lhat they shall enjoy (be un- loo havo their guarantied right!
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within her chartered limits. What
was that right? Gentlemen lay it
was the right of discovery.
Discovery, Sir, confers no claim
or right against the natives- 1 -- the
persons discovered—but only as be
tween discoverers. It is said that the
rights derived from this source weroi
established and defined in Europe*
upon the discovery of this country.
True; but it was by the mutual un*'
derstonding and agreement of the na-
tions of that continent only, in order 2
to regulate their conduct among them?' *
selves. To prevent conflict and col* -v
lision, it was tacitly agreed that thrf^j
Sovereign who should find a country, e
before unknown, should have th«
exclusive right to the benefits of th# *
discovery, and should be permitted?
without interference to conduct
wards the aboriginal inhabitants ae* f
cording to his conscience, and bis '
biiity. He had therefore^ as against 1 - '
the discovering nations who had a**/
sented to the arrangement, a conven- V
tionaf right to wage wmr upon and cons
quer the nativet and sqbject them to hi|£|'
^Seb 4th