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CHEROKfiE PHE
^ ^Vj9FO.a.
& INDIANS’ ADVOCATE
VOl. Ill
- -LS,"CJP.!—1—!_-■ .■■—!
rssirsra
'HtjiLi l!Y
NSW &CHOT.&,
ATOP AY- DECEMBER 5, 1830.
NO. 20.
JJNQ, 1. WJljEi^ER,
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i?o*t paid, will receive due attention.
a»vyj <f j> u o* a j)D iisi JEc.ed.
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JAxnil'xk*. UTAZ VJl* e<*y«V* tfSvIB.
w.tu ue.i,siip»ta.
charge any of the Jul ies for which gjstrate of (.Georgia has discovered, in , deuce, and limits of Georgia w
governments are organized.” The the couise of nearly a twelve month,! hnowledged by Great BiitM,.
process of reasoning by which Cover- “ ... .1, -■ J 1 Ud,n ’
nor Gilmer coiues to this conclusion,
AGENTS FOlt THE CHEROKEE
PIKEN1X.
following persons arc authorized to
The
will probably be queslioued by those
persons who recollect, that at the
very moment when the experiment
might have been made, the Chero
kee government had been annihilated,
so far as it was in the power of the
state of Georgia to destroy it. VVliai
it would have accomplished, '■'■hurt it
been permitted to exist,” cannot be
known lo his Excellent v, or any other
naan, because the experiment has not
been made; and it is not with a very
good grace that he should, under the
circumstances, undertake te decide
tbo question.
‘•The principal objection,” says his
Excellency, “which lias been made
to the exercise of the right oi soil and
jurisdiction by (ho state over the
Cherokees has been drawn from the
phraseology of the treaties between
that tribe'anti the United States. If
such treaties were to be cons.derod
us compacts between the independ
ent nations, as has been asserted, they
would Le cold so far as they pretended
to limit the sovereign rights ot me
state. Hut treaties have been made
with the Indian tribes, at all times,
si.ice 1 lie first settlement of this coun
try, without having been considered such
ere ac-
thore*
that a piovislon of the act of that fore the pre-existing rights oHhe lnl
state, which would probably have j dians, also recognized by Great B-it-
lomwt le v advocates m Turkey, or in ‘ ain, by treaty, are abrogated 1 *
A%;!i,'un» upon the whole oppres-
reaty, are abrogated!
... , .. The Governor of Geerrp- isw~.fi
sivv, cud .wo better bo altered. And j upon lus own authority. a prtrlum-rV
c c cannot Imt greatly admire the a-1 declaring “the right of the Stum u
cute sense of justice, as well all the gold & other valuable minor,I
f.s the high tone oi moral rectitude in in the ungranted lands occupied by the
Indians.”Thus the Imli»nc ...
. ■ IUS Indians, having the
nglit oi occupation, shall have no'rj«ht
an evening paper of this city, the ed
itor ot which, after having slept cool
ly lor so long a time over this iniqui- j to'lhe gold found in the soil’ kcu oceZ
tons incasu.e, without venturing to ,py. The right thus assorted was suZ
utter the slightest sentiment of dis- posed to bo established, says the Gov-
or rights of territory, Tin
by which
receive subscriptions and pa . incuts for
Giie rokce Phoenix.
Messrs. Pr.mcE 8t Williams, No. 20! the expedients
Market St. Boston, Mass.
Gf ufiac M. Tuacy, Agent of the A. 13.
,0. F. M. New York.
Rev. A. D. Eddy, Canandaigua. N. a.
Tmuaias Hastings, Utica, N, Y,
ltev. .Iambs Campbell, Beaufort, S, C.
William Mocltiue Rein, Charleston,
•ti. C.
Col. Clough Smith, Statesville, W. T.
Jeremiah Austil, MoliiLo, Ala.
ltev. Cyrus Kingsbury, Alayhe.v, Choc
taw Nation.
Capt. William Robertson, Augusta
.0 eo.
Cob James Tube Bellcfonte, Ala.
instruments as conveying political power
approbation, hut emboldened by the
example «f Governor Gilmer, now
boldly and magnanimously says, “this
was tin: only feature in the law of Geor
gia oj which ti e Indians themselves could
reasonably complain, and the terms in
which Governor Gilmer Speaks cn
the subject, evince that there is not
the slightest disposition in Georgia to
oppress the red men within the limits of
that stated' According to the senti
ments of this editor, then, the Indians
have no cause of complaint at the or
der of the slate of Georgia to abro
gate all the laws, usages and customs
of their nation, of the extension of
the laws of Georgia over them, of the
claim of that state to the absolute
property in the Cherokee lands, of
the prohibition of giving counsol or
y buv c bceu
ignorant m-
advice to each other against parting
with their lands, and removing beyond
the Mississippi, under the severe and
tractable and savage people, have oeen unexampled penally of confinement in
induced, without blood he , to yield tip .lie state prison at hard labor Per-
whal civilized governments had the rigid baps, however, when the feelings of
to possets, by virtue of that commaiu ; the Goncrnor of that state shall ro
ot the Creator, delivered to man up
on his formation—“be fruitful, muiu-
ply, uml replenish the earth, and sub
due it.”
This passage contains some very
important doctrines, particularly j
coming from the chief magistrate of aj
lax a little more, and he shall discov
er some further iniquity in tins Alge
rine statute, tire editor of the. same
paper rnuy follow suit, and full in with
Ins Excellency, keeping pace with
him, as far as he may go.
We believe Governor Gilmer is the
JNDIA NS.
From the New York Advertiser,
! numerable treaties which we have
j negotiated with Indiau tribes have
A large portion of the Message of. been mere gull traps to delude those
the Goverhor of Georgia to the iegis- j unwary confiding nations into the
latere of that state, delivered on the J forms of treaties, with all the parade
,19th of 0 tober, is devoted to the : of considerations, stipulations, and a-
afi’airs of ihe Cberokeus. He begins j greeinents, for the mure purpose ot
state, when in bis ollicud character j first commentator upon the scrip
addressing llio legislature of that lures, whoever discovered, in the
state. Is it then so, that ail the in- j general direction to Adam and Eve
io be fruitful, and multiply, and re
plenish (he earth, and subdue it, a
latent authority, ut the end of six
thousand years, to oppress, plunder,
erttor “by the allodial title which be
longs to the Stale to all lands within
its limits, not granted away, and the
absence of all right in the Indians, they
never lia\ mg appropriated the. mineral
nehes of the earth to their own use.”
I Inis, by the laws of the civilized
world, the original occupants of the
soil whom God planted there fur his
own wise purposes, have no right to
nic soil they inhabit, but a sort of right
of occupation; and, in the absence of
oil right in the Indians, the state af
Georgia is entitled to take it, “and
the Indians never having appropriated
the mineral riches to their own use,”
they having been just discovered.—
And when discovered, says the Gov-
crnoi, “the Indians themsclrcs were
not even permitted to have an equal
enjoyment of the riches of the earth,
but their title was utterly disregard
ed.” Therefore, the right belongs to
Georgia! And, be adds to the'Lt
gislatnro, “That the great value of the
gold insure rmrlore A ... ,i
with complaining of the cupidity oi defrauding them, ia a peaceable way,
the Georgians, and people from other i out of tueir properly cud territories?
stales, in searching for gold among
the Cherokees. The evil arose lo
such a pitch f iat it became a mat tor
of coBsideration whether the legisla
ture should not be Called together to
provide a remedy. Tho Cherokee
government, he rays, of (lie impor
tance of which so much has been said.
proved utterly powerless to protect' rights,
or to punish wrongs This must have
appeared very extraordinary to bis
Excellency, especially since the first
of June last, when the act of Georgia,
declaring a total repeal and abrogation
■of all the. laws, usages, and auto ms of
the Cherokees was proclaimed by this
same Governor lo be in force, und in
no ease, civil or criminal, could the
same be given in evidence in anv suit
whatever. It scouts that neither ib-
Governor’s proclamation, nor the U-
If our government has from luu oe-
giuuing resorted to such mean, baso,
and dishonest “expedients,” to cheat
the Indians out of their possessions
fir such we understand to bo the true .the earth,” for
meaning of Gov. Gilmers language, • has a directly
merely because, ibi y were “an igno
rant, intractable, and savage people,”
words cannot be found strong enough
to express the viieness and wicked
ness of the conduct reierred to. As
the Indians are unmanageable, and at
tho same time a lighting race, it bus
been found easier, cheaper, and 1c s
hazardous, to defraud them oi meir
proporty and their i ignis, in tne form
of bargains, than to rob them m mau-
ly warfare. Such uc unuerstauu to
bo the true translation of Governor
Gilmer's language on iliis subject.
This is a reproach of too deep u hue
iiited States troops, were sufficient to 1 to h • submitted to, especially if we
Jiecp tho gold-diggers a wav; and bis ! ever mean io lay claim to liie cliarac-
Exeellancy says he should Ir.vu cm
ployed the militia of the state for that
and destroy the ISoitli American In
dians. We have no idea that our
first parents so understood it, aud we
much doubt whether Cain himself,
cveu when bound to the land of Ned,
ever adopted so unjust and licentious
a sentiment. It certainly eaiiunl be
contained in the general order to “be
fruitful, and multiply, nnd replenish
the Georgia policy
contrary tendency.
And the expression “subdue it,” prob
ably reierred to its cultivation, rath
er than to the conquering of Indians
at sn remote a period of time, as there
were then no Indians to subdue.
Surely it would be a loose construc
tion of the text, to suppose that the
authority for passing the legislative
act of Georgia of 1829 is fairly deriv
ed from it.
mines renders it proper that you
should not only provide some ether means*
Jot securing them from trespass, hut aisO
lo render them prof,table lo the Stale” '
By the intercourse law, the Gov
ernment of the United States is bound
to protect the Indians from trespass
and intrusion by the whites. But the
Governor says,“the Cherokee Govern
ment proved utterly powerless to pro
tect any right or to punish any wrong.”
Now, as the State had declared that
she had the jurisdiction, soil, and the
tmi.ciai tieasuies, what light remain
ed to protect, or what wrong could be
done them by culering on the lands
and carrying away the gold?
But, the Governor says, be also
was without authority to protect any
right, or punish any wrong. No law
had been passed—no appropriation
made—the Governor had no authority
to call out the militia, and was quite
as powerless as the Cherokee Govern
ment.
From the National Intelligencer.
The President decides that the In
dians have a property in the soil,
which he will protect, and then sends
a military force into the country to
execute the intercourse Jaw, and that
force is directed to prevent the In
dians from digging for the gold on the
soil which he promises to protect.
The President decides that the
State of Georgia has a right to extend,
her laws over the Indian territory, and
the Slate having extended her laws
over the country, ihe President sends
a military force iulo the territory,
First impressions on reading the Message no* become a part of Georgia, to ai-
of the Governor of Georgia—and the , rest the citizens of Georgia'under ( lie
Indians -• * * • -
The Indians have occupied the lands
from time immemorial; yet the Gov
ernor of Georgia claims these lands
by right of discovery!
The Government of the United
tor of a just and equitable nation.
G wo.riior Gi'iuoi remarks, that “It
purpose, but there was nn provision j is also due to our Indian people that
in the laws or constitution nuthoris-1 that provision of the law of 1829 j States has guarantied the lauds to the
Sng hitu to do so, nor was there any : should be repealed, which prevents [udians by numerous treaties. Yef,
appropriation of money to pay theta Indians, and the descendants of Indians,
from being competent witnesses iu (lie
courts of tbe state, in cases where a
white man is a paity. Tho present
law” savs he “exposo them to great
if called out. One advantage, how
ever, be thinks will be derived from
the not calling the legislature togeth
er It must have convinced all per
sons, every whore, of “the necessity ’ oppression, whilst its repeal would
winch imncls (lie state lo exercise ju
risdiction over its Indian territory, not
only for the protection of tbo proper
ty of the stole, but th.r. rights of the fn
diuns; and that the Cherokee govern
ment, had it been permitted to exist,
most probably injure no one. At
tempts have been made) to strip
them of their property by forged con
tracts, because of the impossibility
of defendt g their rights by the testi
mony of those who alone cau know
would havo been wholly incompetent, j them” It in»y be considered fortu
"under present circumstances. jLo dis- i nalc for the Indians, that tbe chief.ma-
says the Governor, it is a mere right
of occupation!
But the right of occupation is n per
fect right, aud exclusive, and is in
compatible with any other porsessiou
or occupation. Yot, says the Govern
or, “no doubt is entertained of the
right to survey the Indian territory.”
“The rights of jurisdiction and soil
aro the essential attributes of govern
ment.” Therefore, Georgia, being
a Government, lias a right to the ju
risdiction and soil of the Indian territo-
{ry, and, as the sovereignty, indepeu-
protnotion of her laws for digging tbe
gold, and tbe Judges of the’Stain re
lease their citizens from (lie arrest,
because the troops of the United Stales
have no right to make arrests in the
State of Georgia for trespass on their
own lauds.
Thus, the Indians have a right of
property which the President promis
es to protect, yet tbo property, he
says, must he subject to the Ians of
Georgia—because, lie says, it lies
within a Stale, and lie cannot protect
them from tbe laws. If the property
is in Georgia, and under the laws of
Goorgia, how does he send troops
into that State to drive •ff'int ruders?
And if the gold belongs to
why does he drive off the Tndil
he is right in enforcing the int«
law, and protecting tho Ii