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WIX&
lAWADVOC'AT E*
ssassarsrsp^
1 yfiw EOHOTA, SATPRDAY
Wun ' m^ila oiul ikiilfa I ' U
rHIN’OiU WBFKfcV BY
MtfsSaebua
fclaim* iM -if)
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icace waa made and bpmidaiies *et»
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'trUK-nej^cs-i-oca.
AGENTS FOR THE CHEROKEE
PHIKNIX.
The following persons arc authorized to
f eceive subscriptions and payments for the
Sherokee Phtenix.
Messrs. Peirce fit Williams, No. 20
Market St. Boston, Mass.
George M. TftACY, Agent of the A. B.
0. F. M. New York.
Rev. A. D. Enuv, Canandaigua, N. Y.
Thomas Hastings, Utica, N. Y.
Re v'aJames Caiutbell, Beaufort, S. C.
William Moultrie Reio, Charleston,
8. 0a
CoL J^eorge Smith, Statesville, W. T.
Jeremiah Austil, Mobile, Ala.
Rev. Cyrus Kingsbury, May hew, Choc*
Wr Nation.
Capt. William Robertson, Augusta
Geo.
Col- James Turk Bellefonte, Ala.
INDIANS..
the North American Review.
RG >10%4L OF THE IN i) 1AN b—
CASE THOUGHT HOME.
So many plausible words h ive been 4
used, and there has bden so much pa
rade'of reasoning oti fh^s * ubjecl of
State fights, and conflicting powers,
that some respectable and honorable
jne.n have been misled. I lie scene is
distant from the northern States. A
dimness is cast over the whole so ject,
in many minds, as to the condition and
lights of Indians living in the oods.
t We have thought it miglu beusciff,
therefore, to change the see io, ami >o
: state a case perfectly paraded, though
relating to a different tribe, and a
. different State, in order to make the
matter so plain, that it cannot be rnis-
tmderstood. .
Lot us suppose, then, that one of
,-tbe New England tribes of Indians,,
the Mohegans, for instance, were
found on the arrival of the-pilgrims,
in possession of all the territory now
.contained in Massachusetts; that they
. permitted (be first settlers to laud,
and received them as friends;—and
; lhat they made new cession of tepri-
rtory, as the settlements were extend
ing. The whites encroached, diffi
culties arose, and wars succeeded;
•yet peace # was repeatedly made, on
equal terms, and by the establish*
meat of tfkrfown boundary. This was
the progress of things, we Will sup-
>ose, till the commencement* of the
ivotutionary war, when the Molie-
Jfhs, having placed thdmselfres under
the protection of Great Britain, and
being persuaded by agents of the mo
ther-country, took uparni8 against the
colonies
We will proceed with the supposi
tion, as though it were history, and
without further interruption.
In 1777, Massachusetts held a ne-
goeiation VHth (he Mohegans, by com
tussiopprji with full powers,* when a
H UtaihWiAbtsfa if83
and in subsequent years. Massachu
setts, being a member of the confed
eration, a treaty was made vvitli the
Mohegans by the Limed States, in
1785, by which peace was established,
prisoners were exchanged, reciprocity
was observed on other important
points, and an implicit guaranty ol
territory was given. Massachusetts
protested against this treaty, on the
ground that she alone ought to nego
tiate with Indians occupying a part of
her chartered limits, but not iteny mg
the right of the Mohegans to their
own country and governments. Lou*
gress was not in the least moved
from its purpose by this protest; but
held that the United States had the
sole power, by the ai tides of confed
eration, of making treaties with In
dian nations, situated as the Mohegans
iff n were, la 1788, Congress issued
wool a in at ion against intruders vvi
‘tfxprtj'ss objefct *of etiforcing t
treaty.
After the adoption ofthefedeial
constitution. General Washington de
clared the treaty of 1785 to be in
force, and that be should use all the
powers intrusted to him by the consti
tution to have it maintained with good
faith. At the. moment ot making this
declaration, lie sent a special message
to the Senate, proposing this question:
‘Does the Senate advise and consent
solemnly to guaranty to the Mohegans
the lands which they occupy?’ To
which the Senate (the members from
Massachusetts being present.) unani
mously answer in the affirmative
A treaty uas formed in the year 1791,
between the United States and the
Mohegans, by which the Connecticut
river was made the eastern boundary
of the Indian country, whichJfien em
braced what is now the western part
of Massachusetts, the southern part ol
Vermont, the northwestern corner ot
Connecticut, and the part of New
York w hich lies east of the Hudson
river. I n this treaty, ‘the United
States solemnly guaranty tothcJUohe
gan nation all their lands not hereby
ceded.’—Many stipulations are made,
and, ani.ong the rest, the Mohegans
engage, that they will not form any
treaty with a se; arate State. They
grant to the United States the privi
lege of a road from Albany to Spring-
field, and permit boats to navigate the
! lousatonic river. The United States
promise to give them implements of
husbandry, that they may become
herdsmen and cultivators, and with a
view to their permanent attachment
to their soil. The United States al
so engage, that, if any citizens of the
United States shall go into the Mohe
gan country Sl commit a crime there,
or do an injury to a peaceable Indian,
such citizen shall he punished by the
courts of the United Stutds, in the
same manner as if a similar crime had
been committed within the jurisdic
tion of Massachusetts, oi within any
territorial district of the United,
States. The Mohegans. on their part,
agre^ to deliver up fior punishment
any of tl^eir people, and any who take
refuge irttheir nation, who have com
mitted trespasses upon neighboring
whites; and, in consequence of the
varioils stipulations in their favor;
they agree t* lie under the protection
of the United States, and of no other
sovereign whatever. '
This treaty was ratified by the
Senate unanimously, no member from
Massachusetts, Connecticut, New
York, or Vermont making any objec
tion; and Massachusetts never having
objected to the guaranty of 17 91 ^
down to the present day.
Seven years afterwards, another
treaty was made with the Mohegans,
negotiated by an eminent citizen of
Massachusetts, acting ns a commis
sioner of the United States, which
expressly extends the guaranty of the
Mohegan country forever.
long hod
I which the
oteckiew ledge,
a compact It formed between that
State and the United States, in 1802.
By this compact, Massachusetts cedes
to the United Slates all her claim to
the western lands, accepting as
an equivalent a large sum of money
and an engagement that the United
Stales would extinguish the iViohcgnu
title as soon as it could be done ‘pea-1
ceably, and on reasonable terms;’ sev
eral clauses in the compact implying,
(hat the title was to be extinguished
by treaty with the Indians, and that
the treaty was to be made between
them and the United States, Massa
chusetts having no agency in any such
transaction.
After this compact, ten treaties
were made between the United States
and the Mohegans, ail with the ac-
acquieseence of Massachusetts, and
some of them at her solicitation. By
l^e IW‘d|o<
the raon^irc^jpiA.ieii'’ territory, no
far as Massachusetts is concerned,
w as reduced ■iq what lies west of the
counties of Frfittklin, Hampshire, and
Hampden, where the Mohegan nation
still remains, upop the ground derived
from the immemorial occupancy of
preceding generations. In one of
these treaties, the Mohegans granted
to the United Hiates the privilege ot
road, which fliould pass through
thei- country from Rutland, Vermont,
to Litchfield, Connecticut, in ano-
lliei it was stipulated, that the agent
of the United States, residing among
the Indians for their benefit, might
cultivate land for a field and garden,
so long as he should reside there .
lljat capacity, fit the last of these
treaties but one, a treaty negotiated
by the individual, who is now Presi
dent of. the lulled States, provision .
was made tor the permanent residence
of the Indians upon their hereditary
possessions, and all preceding treaties
were confirmed; and the veiy last,
negotiated by the individual, who is
now Vice-President of the United
States, is declared to be fonned for
the preservation of the Mohegan na
tion; provision is made in it for a
pernia lent rc. ool fund, to be expended
in the country now occupied by that
nation; and the intercourse Aaw of the
United States is permanently pledged
for the protection of the Mohegans a
gainst the whites.
In the war of 1812, the Mohegans
sent a larger proportion , of warriors
than any Sta^e in the Union according
to their numbers, volunteering their
services under the banners of the'Unit-
ed States. They fought by the side,
and under the orders, of the-command
er, who is now President of the Unit-
.ed States. Some of their-bravest
and best men fell on the field of battle;
and those, who survived, were cheered
and applauded as faithful allies, and
generous disinterested friends, fully
deserving the guaranty, which they
had received.
,-The State of Massachusetts, how
ever, importunately presses-the Unit
ed States to extinguish the Mohegan
title. The legislature all the while
acknowledges, that treaties must be
made by the United Stases, before
the title can be extinguished. The
Governor of Massachusetts, in 1825,
proclaims treaties with the Mohegans
to be the supreme law of the laud.
The Representatives in Congress
from Massachusetts, as late^ as the
spring of 1827, leave upon the records
a formal protest against a law, which
assumed that a certain treaty with
Indians was void on account of fraud.
The reason assigned by these Repre
sentatives was, that a treaty was an
instrument of so high a character that
rights vested immediately on its exe
cution, and it could not be set aside,
even by a subsequent treaty, and for
manifest corruption.
In the mean time, whilo these trea
ties, and law? for their execution,
were carried into effect with the uni-
veraal aequieaeew;*: of thentlm and
people of every State In the Uffion/
the Mohegans were making rapid ititC
proveaoerits in civilization. The Se
cretary of War (Mr. Crawfprd,)
whom vve will suppose to be an emi w
neiit citizen ot Massachusetts, and af
terwards the idol oflhat Stale, took
the lead in promoting the best inter-
esis ot the natives. He wrote an
official letter to invite the co-operation
ol benevolent societies with the gov
ernment in measures for the intellec
tual and moral improvement of (he In
dians. From hun the first impulse
was received toward the support and
establishment of schools, by the Gen
eral Government, for the instruction
of Indian children. Various efficient
causes of improvement were in oper
ation; and the Mohegans formed a ro-
gular republican government, upon
the best models.
All these things were perfect!?
Juiotvn ,tq. (he inhabitants of ntl tlie
northern States. H a gentleman wap
travelling from Boston to Albany, hfc
knew he was to pass through ihe Mo*
hegan nation. lie did pass through
it. He knew when lie crossed the
limits. He saw the natives at work
on their farms. He lodged at their
houses. He visited their schools.
He spent the Sabbath with them < ncf
engaged with them in the most solemn'
ordinances of public worship. He
read their newspaper, which was
sent weekly into ail parts of (he Unit
ed Stales. They told him what their
relations with the United States were,
and that they were accurately and
minutely described in treaties. Tl < y
added, that, in the execution of these
treaties, white intruders had been re
peatedly driven off, by the armed
force of the United Stales.
The people of Albany, of North
ampton, of Hartford, and of Rutland,
came into the Mohegan nation, to
witness the improvement of the Indian
pupils; and the teachers returned
these visits. All the. people knew
what the Mohegan nation was, and
what its rights were, as solemnly
guarantied by the United Stales. 4
Not a Stale in the Union had its limits
more exactly known, or its separate
existence more positively guarantied.
But, while things were in this con
dition, Massachusetts suddenly re*
solves, in December, 1827, that she
has wraited long enough lor the Mohe*
gan lands; that she cannot get them by
negotiations, she has a right to take
them by force; that she will not re
sort to violence, however, till oilier
means shall have failed; that the Mo-
liegans never had anv right to their
.country; that they are the tenants at
will of Massachusetts; that their
lands belong to her; that the King of
England gave them to her two hun
dred years ago; and that she warts
the Mohegan lands, and will have
them. These things Massachusetts
solemnly declares, before the woi Id,
in the year 1827, by resolutions a*
dopted in both branches ofber legis
lature; and she directs her governor
to send a copy to the President of the
United States, which duty was faith
fully performed.
The next year, 1828, Massachusetts
extends her laws over the Mohegans;
and annexes all that part of their ter
ritory, which lies within her charter
ed limits, to the counties of Franklin,
and Hampshire and Hampden. She
enacts at the same time, that no Mo
hegan, nor any descendant of a Mohe
gan, shall he either a party or a wit
ness in a court of justice.
These measures sho follows up, in
1829, by enacting, that if any Mohe
gan chief shall attempt to prevent the
people of the trme f?om emigrating,
he shall be liable to imprisonment
four years; and if any member of the
tribe shall endeavor to piever
chief from selling tin
gau country, he ”*hali be impriaouef
■>y
whole M»he-
ai -rrt mair " &
::fH
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