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The Governor says “the Indian
tribes have uo where been considered
as forming such communities as could
be recognized as Governments, and
having the power to act nationally.”.
Yet, almost all nations have treated
with them, made war and peace, and
acquired territory. They seem to
be perfectly competent to cede lands,
although they cannot act nationally,
and have no rights to cede; and yet
Georgia Stipulated that the United
States should extinguisn the title of the
fadians. “•Treaties,” says he. “be
ing only expedients by which ignorant,
unlrsctable and savage people have
been induced, without bloodshed, to
J ield up what civilized Governments
ad a right to possess.” That is, in
fmo, civilized men have established a
customary law of nations for thom-
oclves, by which they have a right to
nil the land which they discover in-
hanited by Indians. But, as the In-
dt .ns will not peaceably surrender
their country, they have a right to
d ive them out by force. But as this
would be expensive, and cost some
bloodshed, a cheap aad humane expe
dient has been adopted of getting pos
session, by a thing called a treaty, in
regard to which, when it cedes land,
the Indians have full power to act na
tionally; hut if any of this land (to
Which tho Indians are said to have no
right,) happens to be guarantied to the
Indians, they can acquire no rights,
because Indians are not competent to
form c'outracts or compacts.
Tims, by ono of those expedients,
fhIndians are induced to cede to the
United States a large territory, in
consideration chiefly that the Govern
ment undertake to guarantee them the
remainder. But then the In ians (“an
Ignorant and intractable set”) are toi
the treaties are very good to sell your
fluids, hut then we have no power to
guarantee to yon the remainder, Ire-
cause the State of Georgia has a right
fo your lands by right ot discovery;
tvhat you have sold to us is ours; what
yon have reserved we cannot guaran
ty to you—it belongs to Georgia: you
fiave a right to occupy the lands, but
as God commanded man “to be truit-
ful multiply, and replenish the earth,
and to subdue it,” it follows that the
white man is entitled to it all, espe
cially all on this side the Mississippi.
Tie command ot God to subdue the
ear
the
for
9
tint
the
pat
tio;
®rn
lam
and
me
P«« ’
pc
til '
fcui 1
that can be obtained by treaty up
on promising a guafantie of the re-
01 M ider, you now tell them, Georgia
h-a the fee simple, and the right to
those lands, and all the gold)
thi* she has a right to govern them;
3 ) \ ihnt they must submit.
Tho Secretary of War tells them
they are savages; that they cannot
change their nature any more than the
Leopard his spots; that they are in
capable of civilization; that they can-
pot Ijvo under the. Inws of Georgia,
and,' therefore, they ought to give up
their lands to Georgia.
RED JACKET.
CHEROKEES OF THE ARKAN
SAS.
Dr. Paltrier, who is connected with
the mission of the American Board to
the Arkansas Cherokees, thus writes,
O .der date of July 15thJour, of
Humanity.
“Many in our neighborhood, espe
cially in that part of it which borders
On trie white settlements, are giving
themselves up to dissipation and
diunkenness. Indeed intemperance
W'th all its horrid train of evils, seems
to threaten a speedy destruction of
the nation. A few weeks ago
peflpfc fo of tim'd a shooting- wiatjali;' v Jn ll* «OtV avtisl? tiltf, following ‘prtJNtfAtlje Ofafrotota iftilitir. if by treaty
and that some of- them continued i 8 math—“To each warrior who em- knowledge*! to he under the protection
of'the United States exclusively.
drinking and carousing all night, to
lus great annoyance. He said it was
a grief to him to tfec the people so
much given lip to dissipation, and he
asked, “What can be done?”' I
told him of the temperance societies
at the east, and what great good was
etfected by them. He said bethought
such a society might do good among
his people. I told him, if he thought
so, we would make a trial of it.-r-
Several others sitting by were equal
ly well pleased with tlie suggestion,
and engaged to become members.
Tho formation of a teniperunce so
ciety was what l had in contempla
tion for several months, but never
before had I seen so fair opportuni
ty to propose it with success. Mr.
Washburn thought that now was the
lime to make the attempt. Accord
ingly 1 embraced opportunities to
converse with many of the most res
pectable persons in the neighborhood
on the subject, and at length a pub
lic meeting was appointed five days
ago, for the purpose of organizing the
society. On the day appointed, a
gooil number of persons oi both sexes
convened at one place, and Mr.
Washburn delivered an appropriate
discourse. The constitution, requir
ing total abstinence, w..s then read,
and alter several addresses in Chero
kee, thirteen respectable persons
came forward and subscribed to it.
Tiiis number in y be thought small,
but all the friends of the society are
confident of ils ultimate success. It
is now proposed by (lie females to
form a similar society among them
selves, winch will be encouraged.
Over these prospects we rejoice with
t lembling.”
■’"•xiv* j u i - ’j»* 1 '.TirHsm irTC’Tv > -XB'W»Ji3W , y«*>
c 11 IS RO i-K IB G r* rl i>. S1 X.
ignites, a riilc, moulds^ jyi^icrs and qmmu-‘
thousand axes; ploughs; hoes
nitjon; y o
a H
lso/owr h^ebtedjqjmis,
dl iLo Ron* .Secretary of War
mimlfin of the poor Choctaws, for al
though he has not fed them with individu
al annuities and rich reservations, yet lie
has’ well supplied them with axes and
looms.
Bat we forbear noticing this document
further—it is a bungling piece, through-
dot.. If what has been published is a
correct copy of the one w Inch was signed
at tho Dancing Babbit, the Senate would
I now ca|l upon you for a full
palliation of thisf report, and also of
tliri vm&vs^oI tflb General Govern
ment in conjunction w^liitliat'of Geor
gia, in regard to this nation, so far a*
yoa may possess information, cittoer
from the War Department or tho Ex
ecutive of Georgia, to the end that
there should bo no misumlertanding
between the President aud this ng.-
lion nor between this nation and
yourself, as the Chorokees do
i not recognize any other relational
rect copy has been published, Afr. Ea
ton may well cry out, “save me from vny
friends.*’
do well to reject it at once, until it is made j between them and llie people of the
a little move intelligible, and comes in it .. * '* ... , v
clothed with better English. If an incor- : *- ;1|, ted Slates than those established
by treaty with the United States. •
I will further add that the Chevo-
kecs gieatly complain against tho iu-.
truders who are in the occupancy of
the places abandoned by tbs emi-'.
grants, as well as against thuso living
upon Cherokee lands elsewhere—aud
likewise against your net taking an/,
legal steps to bring the murderers of
Chuwoyee to justice, who uiay be
found on the frontier of Georgia or iu
Carrol County.—Your attention to
these subjects and reply is respect
fully requested.
I am, Sir, Your Obedient Sorv,-'
ant,
JNO. ROBS.
To tho foregoing the Agent replied ag -
follows!-
iw .3**omecw
Hji'V ccuot.
The Bill reported by (he “joint Com
mittee on the Slate oi - the Republic,” in
the legislature oi G eorgia, provides for the
surveying of this country, st much we
mean as lies within the charter of the Slate,
extinguished
seem then, in the opinion of the Commit-1
tee, i bat. the Cherokees are not tenants at
will. But it is one step after another the
State intends to tak«, just so far as P;esi-
dent Jackson will g.ve her license, and
tho very act of withdrawing the troops,
when the question of surreying the land,
and taking possession of it, is agitated in
the legislature, shows that he is 1 billing
to go all lengths with heri The recent act
of the President is virtually giving, not on
ly the gold mines but. the whole country,
into the possess on of Georgia, Can a
free and enlightened people permit such an
outrage upon the rights of a weak and de
pendent ally? We wait fortune to give
us answer.
A letter has been published ip the United
States Telegraph, from Greenwood Le
flore to the Secretary of War, in which it
is said that the Choctaws are very anxious
to remove, and that they arc ready to go
in large bodies, without waiting for the
ratification of the treaty It is just, such a
letter^ ns we should expect would Le ad
dressed by that Choctaw Chief to Mr.
Eaton, it nevertheless does not prove that
the treaty has been effected by honorable
means. Many of the Choctaws may be
now desirous to go, after they have been
betrayed b\ a portion of their countrymen,
and expecting no redress from the Govern
ment of the United States, Lefiore,it will
be recollected, was an efficient individual
in bringing about the treaty, and is highly
interested in itsissue—it is therefore nat
ural that he should have written just, such
a letter as has been published in the Tele
graph—His is not a disinterested testimo
ny-
In our last it was stated that a rcpoit
had reached this place, that the. TJ. State
Troops, who have been stationed in this
nation for the purpose of removing white
intruders, were recalled* This report has
since been fully confirmed, and the sever
al detachments of these troops are now
fail ty on their march to their former sta
tions. We arc told they had hardly pass
ed tbe boundary line, when gold hunters
and gold diggers (locked in by hundreds.
The motive for this sudden movement is
best known to the powers that lie. We
recollect, however, distinctly, the former
declaration of our Faihcr, the President
of the United Slates, that the intruders
Sin:
■Cherokee Agency,
23th Nov. 1830.
into districts of nine miles square, and no'
into smaller lots until "the Indian right of .»ould be hcpLout, that he did net speak
occupancy is extinguishedIt waul
w,ih a forked tongue, and that lie would
not deceive his red children.. But perhaps
I have just read your conimumcar-
tion of tins date, and iu answer to
your enquiries in relation to the re
moval of llie United Slates Troops
from this nation, lam unable to give
you the explanation which you re
quire. It is so reported that they
ore to return, or perhaps by this
time have set out for the Canton*
ments from whence they came, and’
candor requires me to say to you that
! ain inclined to believe it; not be
cause that I have any official inform--
alion on that subject from any quar
ter, (for I have none) but from the
geneial tenor of communications from
the War Department (with all of
which you have been made acquaint
ed) we have a right to expect that
(he time is fast approaching when
cannot discern the practical demonstration
of those assertions.
Til removal o[ (he troops has been sud-
we fail in cemn-.on understanding, for wc j the General Government will not in
terfere between you and the Govern
ments of the Slates in which you re
side, &. who have assumed the jurisdie-r
den and unexpected.—The following letter | tion over you; but what arrangement?
from i h 1 Principal Chief was addressed to
Col. Hugh Montgomery, United Stales
Agen,, under the hope of deriving some
information and explanation from that
quarter:
Cherokee Agency,
Nov. 25lh 1830.
Col. II. M ONTGOMEKY,
United Stales’ Agent.
CHOCTAW TREATY.
The treaty lately entered in1o by the
Secretary of War with the ALnjjoe*,
Chiefs, &c. of the Choctaws, ,and which
we published in our last, is a eurious doc
ument in its provisions and in its composi
tion. We copied it as we found it in a Mis-
sissippi paper. If it came out thus from
♦he hands of the Honorable Commissioners,
it will occupy a prominent place in the
list of Cabinet Literature.
A certain editor lately observed that be
had but a confused idea of the treaty, not
having seen the durum Tit itse.lf, but we
fear, after all, he will b.* but little enlight
ened when he sees it. For our own pari,
our ideas are more confused since reading
it than they were before.
The first a tide declares all other trea
ties unit ami void —vet the doctrine of th
Sec. of War is, that treaties with Indians
a’-c nut binding, of cou-se null and void
themselves. Wbat the first kills, tb- l7tli
article revives--“The several annuities
and sums seeui ed under former Irbies to
the Choctaw nation shall continue as
though thin treaty had never been made.”
In article th ; rd, it is said, “In consider
ation of the provisions contained in the
several articles of this treaty, the Choctaw
nation oflndians consent and hereby ce<fo”
&v T*o what do the Choctaws consent?
In the llhh artiule it is said, “If a great
er number shall be found to be entitled to
reservations under the sever .1 classes of
this article, than is ttipulated for under the
stipulation prescribed, then in that case,
l the chief*separately and together shall Je-
nine” 8ic.—We cannot presseibe to
n,af o* all tin**
ave been made (if any) between the
General Government and Slate Gov
ernments with regard to the protec
tion of the Indians individually, and
1 heir propel|y I know not. You have
the promise of tho President of the
United Stales that intruders will be
kept off your lands, and I ani author-•
izek to assure you that it will be.
Sir,—In a former communication! punctually complied with, and I have
from the War Department you were i 110 ( ( Ioubt but that other arrangcuaets
instructed to say »o the Cherokees,
that the President was their friend
and would not deceive them, and
that i( was his wish that there should
be no misunderstanding between him
self and them, nor between them and
yourself, and that the intruders would
be removed and kept off their lands,
and that so far as he possessed the
power to extend to (hem protection,
it will be done, but he could not in
terpose his interference with Georgia
in the exercise of jurisdiction within
her chartered limits, &c. After this
a military force was sent, and arriv
ed in this nation as has been said, for
the purpose of removing the intruders
agreeably to (he President’s ordei's;
this force having become formidable
nnd < fficient hy (he reinforcement of
an additional arrival of troops, it was
confidently believed that the com
plaints against intruders would be ef
fectually removed. In the removal
«f the white intruders from the gold
mines, the Cherokees who were en
gaged in (lie mining business were al
so ordered to desist, and were in p^rt
tteated as intruders, and - upon be
ing told that the prohibition was only
intended a temporary suspension, for
the more effectual removal of the
whites, tlie Cherokees all quietly and
peaceably agreed to comply with the
orders of the President. It is now
stated that (he troops are about to be
recalled from the nation, that the pro
tection of the Cherokees is to be
transferred to the Government of
Goorgia,—this extraordinary move
ment, if true, is astonishingly strange,
especially when it is known that the
intruders on the frontiers of the other
j-attyoiinng States are unreruoved-Sctha.t
will be made for that purpose, but
what those arrangements are or will
be, I have not as yet been inform •
od, but that the President’s pledge,
will be redeemed I have no doubt.
As to the persons who are settled.,
on those improvements abandoned by
emigrants, you have no doubt noticed
the provisions of the Indian Bill (so
called) that no Indian of the same
tribe are to occupy them afterwards,
and 1 suppose (lie order to give them
pencils n founded on that law..
As to the persons who are charged
with the murder of Chuwoyee, you-
know that 1 have 6ont the Sub-agent
twice with orders to take warrants,
and have them apprehended and
brought to justice, and to prosecute
them—But that he has returned both-
times without effecting it. His-
first report was forwarded ter
the War Department c I would cn<-'
close it. The last, time he made ito»
report upon that subject, but stated,
verbally, that the two men concerned
in the murder had fled to Alabama,
but no warrant was taken, nor has a*
ny deposition been furnished m«,
showing who they are, and where
they are, so as to enable rue to make,
the application to the proper author
ity to have them demanded and de
livered to justice.
Respectfully vour obedient ser
vant II. MONTGOMERY. '
We presume the reason which the cxr
ecutive would he disposed to give, for the
withdrawal of the troops, is that hinted at
by the age.nt, viz: to avoid interfering
With ilic stale governments. Supposing
this was the reason, and there can be up
other, w« invite the attention of the reader,
to the following tacts: