Newspaper Page Text
owy Jcfj9FCK&
QUC'jJjjsd
OHEEOK1E PHIEJIIX, AF. I) INDIANS’ ABV043ATE.
PRINTED UNDER THE PATRONAGE, AND FOR THE BENEFIT OF THE CHEROKEE NATION, AND DEVOTED TO THE CAUSE
OF INDIANS.—E. DOUJDINOTT, i.Dil'Ol;.
vox., m.
KEW EOEOTA, SATURDAY JUXY 10, 18£0.
3£IC. 12.
gaiPiiwwi j. utojk j \jjx-i^icwr a»A » _-*‘**awa w*tkv.4/twti ■*>* • utw^- *
PRINTED WEEKLY BY
JNO. F. WIIEELER,
stand to our Omnipotent Maker; and (years before ils adoption, and was
"’onLI seem to be just as true to confirmed and sanctioned by it.
^uJ 1 *_ n ®,'* i SIt ^ t *’° creature eannof diminish the 1 We are next told that the Constitu-
power of its creator. The gbntle-1 lion recognizes the right of the re
man applies it to the General Gov- j spective " State Legislatures to
ernment, as the work of the several ! pass their laws over, and annilii-
rnonths, or $3 30 if paid at the end o the
♦year
t’o subscribers who can read only the
Cherokee language the price will be $2,00
in advance, or $2,50 to be paid within the
yoar.
Every subscription ndU be considered as
.continued unless subserners give notice to
the contrary before the commencement of a
new year,and all arrearages paid.
Any person procuring six subscribers
and becoming responsible for the payment,
shall receive a seventh gratis.
Advertisements will ho inserted at seven-
fy-tive cents per square for the first inser
tion, ant’ thirty-seven and a half cents for
each continuance; longer ones in propor
tion.
SCPAll letters addressed to the Editor,
post jiaid, will receive due attention.
O tv y J A U O A AD h S ; J F. Ca, g .j.
voAv.r.Mhi T.v.or 5 u>v’ jh<niA.i D-toDA.
Bo.iE ~ihWf»a*»y i;t.i d?p ivojb.i
M.9..I TGTZ TEA50-J' 5 D0J,5,*>I*m).I.
TGTZ VI.P TAO-A Til DO ICT
D?-l CPOJB.I P4o?.I. DS.l^otEZ TC yiV
D0.D*»I*<».1, 0-y.tT D,1P (Pe.lI'-.I
(ftvyz cpc,r ar.t?h.icxy, wr-*^ m-n
States. Is it (rue that it cannot
that it does not lake any power from
ils several members? The argu
ment is, that if the Union can secure
to the Indians, any | orlion of their
territory by treaty, they may cede a-
way a whole State. This would in
deed, as the gentleman must admit,
be a gross and palpable abuse of the
authority. 11 is reasoning then must
be, that the United States cannot pos
sess any power which, by perversion,
may be exerted to the destruction of
late these communities, by that
clause in the first article, which pro
vides that an enumeration of inhabit
ants as a basis of representation shall
be made, “excluding Indians not tax
ed.”
This provision undoubtedly implies
that there could be individual Indians
subject to taxation, and therefore to
be eounti d; it also expressly declares
that them might lie those within a
Stain,. ‘..ol taxed.”
Why not? Did not those wh .
formed & adopted the Constitution s<-
understand n : To answer tlisqucs-
KT.1Z
V.IR DOJs&otl'rit.l.
D,*IF OcXy-V &7.1V.
transferring a State. Can they make
war? It would be the readiest
means of lopping off a member by
leaving it defenceless. Can (hoy or
ganize; discipline, and call forth (he
militia, & control flic whole physical
strength? Sir, these are powers ex
pressly inserted in (lie Constitution,
o°o i b.i i«-4oX).i Yt.zur>, tctz TEJUOvrno-jmid they are not to be argued out of
it, by apprehensions of extravagant
possible abuses.
The General Gove rnnv'nt was
formed by the States—and the crea
tine, says Hie gentlemafi, cannot have
power to destroy any one of its crea
tors. The Stato Governments. Sir,
were formed by individuals. If any
of these should be guilty of a capital
oflence, might lie not say in (lie lan
guage of the Chairmen, you cannot
take my life—it is impossible in the
nature of things that the creature can
have power to destroy one of its crea
tors.
It is argued that (lie existence of
an Indian community, within the char
tered limits of a Sta'te. is inconsistent
with “« Republican form of Govern
ment” as guarrntitd, hv the Ccnstim
tion, to eve ry 8ta:e.
This argument has been much re-
licd on. It was advanced by the
Secretary of War, repeated bv the
Committee, and reiterated in the
speech of the Chairman If this be
so, Mr. President, a most unexpected
result follows; it is-—that Georgia
never pet hail a republican form of Gov
ernment— for (hero lias never been a
moment, when such tribes did not ex
ist within her borders. At. the time
of the adoption of the Constitution,
tin’s same Cherokee nation was much
more numerous, and held sway over a
much wider region than at the pres
ent time. Nay the Constitution il-
There may have Seen, nay there
one its members.Can they then treat ! were, in some of the States, individ-
wit i any foreign nation? If so there J ual natives voluntarily icsuting wilh-
is the same danger of wrongfully j in the white settlements, separate
AGENTS FOR THE CHEROKEE
P1KENIX.
The following persons are authorized to
receive subscriptions and payments for the
Cherokee Phoenix.
Messrs. Peip.ce & Williams, No. 20
Market St. Boston, Mass.
Gcoroe M. Tracy, Agent of the A. B.
C. F. M. New York.
Rev. A. D. Eddy, Canandaigua, N. Y.
Thomas Hastings, Utica, N. Y.
Rev. James Campbell, Beaufort, S. C.
William Moultrie Reid, Charleston,
s. c.
Col. George Smith, Statesville, W. T.
Jeremiah Austil, Mobile, Ala.
Rev. Cyrus KixGsnbRY, Mayhciv, Choc-
laiv Nation.
Cd.pt. William Robertson, Augusta,
G eorjria.
Col. JamSs Turk, Bcllefonte, Ala.
Fndiau«.
SPEECH OF MU. SP1.AGIE
OF MAINE.
In the Senate of the United States.
April 10, 1830.
Mr. President: what have the Sen
ate heard to obviate the force ol
the arguments which I have
adduced? what answers have been
given? I will advert to them all.
And first, as to the acts and acqui
escence of Georgia,, we have the re
ply in the repott of the Committee,
that as she protested against the
treaty of Hopewell, made in 1785,
“no inference can lie drawn to her
“disadvantage, from her silence or
■“from any thing she map have siid
“involution to any subsequent treaty, be-
“cause in each of them a change w«-
“made, by which a portion of her
“territory & jurisdiction w rtS restored
to her, “thus her coition rendered
beter,’&cWlw, f l0 C6 not perceive that,
under this (orni of words of restoring—
what the never possessed; but which
belo 1 - t0 ti l(} Cherokees, before
site had a being—the substantial, real
cause of her assent is alleged to bo
the benefits which she. received! \cs,
!Sir; she did receive the fruits of
! ihcsc solemn contracts; by the es-
tabling of peace and additions to her
territories, in 1791; by the cessions
vof 1798, 18^4, 1805, 1806, 1807,
1816, 1817, &. 1S19. Anil shall we
•be told that because it was her inter
est to be silent, became she was re
ceiving the considerations,of the com
pacts, therefore she now; after twen
ty years assent, is under no obligation
to abide by them?
The Hon. Chairman, in his opening
speech, assigned several reasons why
the United States could not constitu
tionally form such treaties. The
first was that “the creature could not
have power to destroy its creator.”
This expression is calculated to mis
lead the judgment, be.eguse it refers
the mind at once to the relation, in
wvhich we frail and feeble mortals
from any tribe, and freely subjecting
t.’jenflelves to the local laws. There
were tie so iou whose nation, as a
body, had disnpp> and; and because
those persons bad, of their own ac
cord, thus sought the State jurisdic
tion. does it follow that it co ffil be
exover Indian nations, who bad
always resisted it, and with whom,
at'(he moment this clause was writ
ten. a -d the Constitution foimcd, the
United States had a treaty guaranty
ing them against such taxation, and
year since. 1 have counted uc jess
1 hen one hundred and tw enty four In-
, , dian trta.ies formed under the pres-
tion wc must ascertain how that trif Constitution, being more than
word w as used, and what were the three for ea< h year. If authority
ideas attached to it, at the lime and j and piuctice can settle any question,
anterior to ils insertion ill that instru- tnis is at an end.
incut. This lulo of const met ion is 1 In 1790, General Washington dc-
the foundation of all science. When . Bvered a speech to the 8 eiie.lt a In-
any term is used by an author it is Gians, some extracts from which 1 will
understood to cany with it (lie iiinos i >>o\\ read.
which he has previously affixed to it;; “L the Piesident of the United
that he denotes by it what he alwaysi States by my cun month, and by a
lias done. Hence, in the science of*'"'Hen speech signed with rny oun
law, w ben tl:e student lias ascertain- J hand and scaled with the rad of ihc i tri
ad what a writer menus by (be words le( i Stales, t»peak to the btneka na-
fee simple, oi larceny, if he subse-' lion.
qucntly liuds those words used by (lie! The general Government only has
same author he attaches to them the . tile power to treat with the In-tan
same meaning. | nations, any treaty formed and L. id
1 hose contracts with aboriginal j without its authority, will not Le
communities have been dei omii ated j binding.
treaties from the settlement ol this | Here then is the security lor the
com.try. It has been their peculiar J *'cmainder of your lands. No state
and appropriate name, w ithout even j nor person can purchase your lends,
an alias aid ns. (heat Britain made ; ut) Iess at some public treaty licldun-
trcnt.es with the Indians; the several! G*’ 1, the authority of the United States,
co.ouiis ioinicd many, and gave them ^ General Govennnent will never
the same appellation. The (Jontin. 1 tronscut to your Lcin^g defrauded; hut
eutal Congress from the time it first { H " HI protect you in all your inSt
assembled, until it was merged in the riglifs-
present national Government" uniform-1 Hear well, and let it he heard by
ly called them Beaties They did so it. every person in your nation, that ih’o
1775, 1776, 1778, 1783, 1781, 1785 ' President of the United Slates de-
1786, 178
SB. and even to l!u: j vlnrcs, that the General Government
every other exert ise of State author- 'by of the formutiou and ndontion of* considers itself bound to protect you
ity over them? By what imaginable the Constitution. Wo lind (hem ie-; ll,al * the lands secured to you'by
process could these words, “Indians ! peatedly and paiticulaily menlio •(■(! . 1 r(?i!, J' of Fort Stamvix, the d2d of*
not taxed,” produce the magical el-j hi July, Angus', and Oo'uher, 17817 I Detoher, 1784, excepting such parts
feet of annulling the treaty of Hope- . the Constitution being lot mod in Sep- i J ou ma y since have fairly sold to oer-
wcll, then existing in full force? 1 Icmbcr of the same year. i sons propci ly authorized to purchase
Let us suhstilute the word, aliens, [ Nor is this all. In tl.e articles cf ^ Vl '" ’’
for Indians, d'lie clause would then | vonfcdeialion, power w as given io
exclude, “aliens not taxed.” Will it j make treaties, it had becn^ repeat-’
be contended that foreigners existing j «diy exercised in establishing our re-j '-'f
as a nation, with whom we had Iren- j bilious with Indian tlibes; particular-
of you/
A pain—
But.your great object srr ms to bo
ihe Security of your icniaintag lauds,
I haio tlicrefo'C upon this point
nl to be sufficiently strong and
tics, as such, would be subject to the : ly the Delawares, the Six nations,,
laws of a State? Would it not op- the Cherokees, the Choctaws, the' c * 0;| i’
•ply exclusively to the a liOns, who had j Cliiekasav, s, and the Shaw rues: and] Bliat in future you cannot be dc-
veparated themselves from their nu-! ‘>n the. first of .September, 1778, w us | ^ 01 .' our lands, 'i hat you pcs-
tiou and mingled with our citizens? i issued (he proclamation of Congress I S U S ?'* sell t vd tie right tj re*
Asa last resort, and to me Mr. j and ol General VI nshiugi. n to (.lilor* e 'Jas'ing to sell ytiir lands.
President, 't seems a desperate cne, 'he treaty of Hopewell. i Th.H lliercfoie the sale of yotn 4 -
H lias been eainesily contended by i i he won! treaties, thus invariably *• future will depend entirely
the gentle:'!!: n lV .’ii Tennessee, Ala- | known un i used, ut d vvhiidi liad ic-! |yeuiselves. i
hama. and Gem gi i
M’TCinley and Forsyth ,
not constitution diy
w ill) any iiulia.i nation,
ailed States--that the
to make “(rec.tic'- ' due
compacts o. agrectren;--
communities,
Wliereuif, Sir, the
peace and war can exist,
States must of necessity,
light to make a Meaty
That this relation rnnv
Messrs. White, ' oeived a practical cou-.w uelion un-
that we can- j der the Confederation was inserted
:.ko any treaty. I by tlu: same great men in the Consti-
•ithin the C- t ut ion of t lie United Slates. Could
-. ;;rcss power . !l|, y ore doubt its meaning? Did
not embrace , Georgia misunderstand it? She bad
villi such * herself maile treaties w iih all the forms
rid.it ion ot
the United
possess the
of peace,
ist with
[ol negotiation, through commissioners
* fully empowered, in 1773, 1783 and
1785, they were so d
her at the time and <*\
•Bui that when")’on shall find it for
your inltiosl, to sell any parts o!
your lands, the United States mvrt le
present t.y their Jgciit. and will be you)'
security, that you shall not be dem and
ed jn the bargain you shall make.
You know that all the lands secur
ed to you by the treaty of Fort Slan-
w ix, excepting such parts as you may
lenominaleil by | since have fairly sold, are yotns, • nd
cr afterwards. * 'ba 1 only your own acts can convey
sell (onfi 1 ins the* pre-existing 1 !'£■•»Vr [ (hose native tribes lias rover bee;
o Iopewell, which reco^ni,,.r(j and doubled, and will not at. tiiis day be
guarantied toe se|ia ,, T, r * existence oi
I lie liioe; n*ia VrnP h i3 now contend-
!'5 mcompatiblo with that funda-
inental compact. Is the existence of
a body politic, which the Legislature
cannot destroy, necessarily incompat
ible with a Republican form of Gov-
ernimyt? Mow is it with Dartmouth
College, in New Hampshire, or the
chartered cities of other States?
Another proposition derived from
the same elevated source, and urged
with equal vehemence litre, is that
these treaties cannot be valid, be
cause the Constitution declare that
“no nets Slate shall he formed or e-
“roctcd within the jurisdiction of any
“other State, without the consent of
“the Legislature” thereof.
Sir, no one proposes to erente a
new State, blit to continue an old tribe,
or State, if von so please to denom
inate it. It is to keep faith with a
political community more ancient
than Georgia herself; it is to preserve,
not to form anew. Here again, 1
would observe that this nation ol
Cherokees was as much a Stale at
the lime of the adoption of the Con
stitution as now, and had much great
er power, and more extensive domin
ion; nnd ihat the treaty of Hopewell,
which, this argument insists, formed
a new State sinct the Con-titution, and
in violation thereof, was made tn r o
questioned. No one will have the as
surance, in the face of all history, in
defiance of what is known by the
whole world, to declare that our con
tests with the aboriginal nations are
on their part insurrections, rebellions
subjecting them to be tried and exe
cuted as trailois. The Secretary of
War will not say so, for lie told the
Cherokees, in April last, “Your pco-
“ple were at enmity with the United
“States, and waged a war open our
“frontier settlements; a durable
“peace was not entered into with you
“until 1791.” The Committee and
its Chairman (Mr. AV liite) will not
tell us so* for their report, accompa
nying this bill, declares that (lie Cher
okee 8 waged “a war against the citi
zens of (lieso Slate, prior to the
treaty of Moisten, in, 1791 ^’-Rebel
lion !—by those who never owed
allegiance, and with whom, ever
since our national existence, we have
either bad open war or subsisting
treaties!
But independent of this power oi
peace and war, why does £not tlie
general authority to make treaties
embrace those with the Indians!
Gentlemen content themselves with a
positive and earnest denial.
The word treaties, say they, in
(lie Constitution does not mean com
pacts or contracts with Indian tribes;
On tiie 3d of August 1787, a motion ' 'bem away.
'ey
Speak therefore vour
was made by Mr. Few, delegate in ! wishes on the subject of tiling’the
Congress, from Georgia, secTfaled by 15 r0ul ‘d- The United States will bo
Mr. Blount from Nurlli Carolina, to ; happy to afford you every assistance
lake measures to “explain and eon- ! < n 'be only business which w ill add to
firm all former treaties’’ with the ! numbers and happiness.
Creek Indians. ; r ^ ic United Slates will be true and
There is as much evidence that J'dthful to their engagements.
this word was intended to embrace j Given at Philadelphia, 29lli Dc-
conventioiis with sm h communities as comber, 1790..
the Creeks or Cherokees, as those I GEORGE WASHINGTON,
with transallanliu nations, such as By the President:
France and Spain.
Contemporary exposition lias al
ways been deemed of great force in
settling even the in *sl difficult quos-
Thomas Jefff.rson.
By command of (be President of
the 47 nited States of America —
II. Knox,— Secretary Jor the I)e'-
t ions of constitutional law. Praelic c P ailmCllt r J 11 a) ■'
and precedent too have oflen been | “The United States will be true
considered as decisive authority, j and faithful 1 to their engagement s ’
Mr. Madison, who has, with so much Such was the solemn declaration of
justice, been denomin: led the great
constitutional lawyer of this country,
declared in a message to Congress,
that the question of the conslitotion-
aliiy of the Bank of the United States,
had been so settled by the sanction of
the different departments of tlie Gov
ernment, (hat it was no longer to be
agitated, and yet only one bank bad
then been chartered. If bis argument
had, in that instance, any force, it is
here irresistable.
From the organization of the Gov
ernment, down to (bis very session of
Congress, tlie practice lias been un
broken and invariable. We find
these treaties made in 1789, 1790.
1791, 1792, 1794, 1795, 1796, 1797,
the Father his Country in the infancy
of this Republic. Heaven grant
that his sacred promises may lie kept
and his confident prediction verified.
The question is now befoie us. No
sophistry can evade, no ingenuity can
elude it. Will “the United States
be true and faithful to their engage*
ments,” or false and treacherous?
The Cherokees present this sol-
emu interrogatory, and w,e must re-
turn a deliberate response. It seems
almost, as if their case had been
formed for the purpose of determin
ing whether it be possible to bind
this nation l^v its plighted faith.
I have already referred to our r«».
peated and reiterated engagements
(IT
«c *
if,!
i i
lilt.'!
J|M
i) i
' V ",
} jkl •'
$*
1798, and almoor, if not quite, every by the sajas of the Revolution, in tho