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-A J3. BOUDINOTT, EDITOR. & INMANS’ ADVOCATE EOHOTA, SATURDAY APRIL 9, 1831. ' VOL.IU NO. 44. PRINTED WEtKI.t BV JOHN CANDY, At $3 50 if paid in advance, $3 jn six months, or $3 50 if paid at the end of the year. To subscribers who can read only the Cherokee language the price will be $2,00 in advance, or $2,00 to be paid within the year. livery subscription will be considered as continued unless subcribci's give notice to the contrary before (he commencement of a new year, and all arrearages paid. Auy person procuring six subscribers and becoming responsible for the payment, Shall receive a seventh gratis. Advertisements will be inserted at s ven iy-five cents per square fpr the first inser tion anr thirty-seven and a half cents for each continuance; longer ones in propor- |i^»All letters addressed to the Editor Post paid, will receive due attention. « w y JDIiDJ JEC.O J. re AVJlw) J TAAlT’ U*V* JhiTBAa B8AE RWURoey KTA D^P (POJBA TGFZ TElS0“!r» DeJrS<»Iv<»~I. TGf*Z TifiO-A TB nOJ^cSU-otRl, KT Dt4 <yejna d».i*<»ez tb yty Dej^!»i*OTiA, ovya d^p o'ojbji civyz o»a.R .ihCA.iaey, wpw* d?4 4POJUU L4ot.I r«RB<P, TCTZ TEJiSO-d* D0- KT.4Z D£P G<*y*V» 0A48- VAU AGENTS FOR THE CHEROKEE PI1 IE NIX. The following persons are authorized to Aeccivc subscriptions and payments for the •Cherokee Phoenix. Messrs. Peirce &. Williams, No. 20 Market St. Boston, Mass. Georoe 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, B. C. Col. Gzoroe Smith, Statesville W. 1. .Jeremiah Austil, Mobile, Ala. Rev. Cvuos Kingsbury, Mayhew Choc taw Nation. Capt. William Robertson, Augutsa Ga. Cal James Turk Bellcfontp, Ala. m -iv INDIANS. SPEECH OF Mil. EVERET T. '(jf Massachusetts, in the [louse oj lltp- rutntotiuea, on the 1 ilk and 21s/ of February, 1831, On the Execution of Vie Latcs and Treaties in favour of the Indians [Conci.uded.] The winding up of this affair was in keeping with its commencement oad progress. The object of march ing the troops in o the Cherokee coun try, according to Maj. Gen. Masoiub, ‘‘was to guard against the difficulties which it was apprehended would k#iy out of the conflicting operations ‘oftho Cherokees and the lawless in truders, upon the mineral district within the Slate of Georgia. Ilav- iiyr fulfilled the instructions of the Government, tho troops wero direct ed to return for the winter to their respective quarters.” On the 29th of October last, Gov ernor Gilmer wroto to the Secretary of War, requesting the removal of the troops, on the ground that the State of Georgia could enforce her own laws. On th,e 10th of Novem ber, the Secretary answered him, that previous to the receipt of his letter, (two days before) the troops had been ordered out of the Chero kee nation, because the purposes for which they had beeu sent into it were, in a groat measure accomplish ed. This ohject, according to the Gen- eral Commanding in Cliiof, was to prevent collision between the Cltoro- xees and lawless intruders in tho gold district. It was answered, by removing both! And here it is obvious to ask, how, on the ground assumed by Georgia an^sanctioned by tho Executive of the United States, the President could feel himself authorized to em ploy an armed force of the United States in removing gold diggers, law less or lawful, Indians or whitemen. from the gold mine's of Georgia, if Georgia’s they must be? It is not his duty to enforce the laws of Geor gia, nor to protect her property.— She maintains that she is able to do jt herself. Nay,the still broader ques tion presents itself—what right,on the ground assumed by Georgia und the Executive, have we to go upon the soil of Georgia to remove or bribe a- way a part of her subjects or citizens? What right to keep an agent there, or to pay them an annuity? Am I answered, it is dona in pursuance of treaties? The treaties are declared unconstitutional and void. Sir, it happens now to accord with the in terests of Georgia to porrnit it, but surely she will not bend her princi ples <0 h-erinterest? It has been urged against the Col onization Society, on very Wtgh au thority, 'that it is unconstitutional for the United States to go into a State to remove a part ol its coloured pop ulation. In a very able report made to the Senate. I think at the first session of the twentieth Congress, 1 find the following argument: “Before they leave this part of the subject, the Committee will ob serve, that the framers of the Consti tution most wisely abstained from be stowing upon the Government there by created any powers whatever over the colored population, as such, whether this population was bound or free. “If the United States possess the light to intrude into any State for tho purpose of withdrawing from thence its free colored population, they undoubtedly must exert practi cally its power of previously deciding what persons arc embraced within this description. They must have the power of determining finally not only who are colored, but who are free persons. This committee be lieve, however, that any attempt, by the United States, to exercise such a power would not only be a direct vio lation of the Constitution, but must be productive of the worst effects.” Now, Sir, it is not necessary to consider bow far this argument ap plies to the operations of the Coloni zation Society. But the principle that the Indian country is a part of the soil, and its population a portion of the People of the State, I confess 1 do not know how gentlemen who stand on the ground of State rights & strict construction of the Constitution, can move an inch in this uintter. What, Sir,constitutional for the GeneralGov- ernment to go into the counties of Georgia, into Mall and Habersham, to get the people of those counties to gether—people subject to the latts of Georgia—make a compact with them to mown away in a body—take millions of money out of the Treasury of the United States, to effect this subject—to enable the President to go upon the soil of Georgia and buy ofl'her people! In what part of the Constitution on the principles which gentlemea set up is there a word tc warrant such a policy, er to justify an appropriation of money to carry it into operation? I know it has been answered, that it is constitutional to fulfil a com pact. 1 must own that this inode of getting nt a’ grant of power is, for statesmen who advocate a strict Con stitution, liberal enough. Accord ing to this principle, tho General Government may enter into a com pact to do an unconstitutional act. On the ground upon which (his new I dinn policy rests, the compact 1802 was itself unconstitutional and was so argued to he, in the Senate last winter. If the soil and jurisdic tion of this territory were already Georgia’s, the United States had no right to interfere with it, not evon to extinguish the Indian titlo on peacea ble and on reasonable terms. Unloss the principles of the Constitution va ry with the complexion of those who arc the subjects of its provisions, the United States have just as little right to enter iuto compact to extinguish the title of the red men of one couaty of Georgia, as (hat of tho white meu of another county. The gentlemen are atelually obliged to come to us lor principles, on which they can remove the Indians. Unless the treaties aie valid, (he United Slates have no pow er to act in ibis matter. Gentlemen deny the validity of the treaties in order to get at tho soil; and then come back to the treaty-making pow er, to get the Indians removed from it. Tho conduct which Georgia has pursued, with respect to gold, forci bly reminds me of the opposite course adopted by Mr. Jefferson, in refer ence to soma irou mines discovered at the mouth of tbu Chickamaug.t, in Tennessee. 'Tennessee did not claim these mineral treasures; hut the In dians themselves expressed a wish to cede these mines to tho United States, for the purpose of having them wrought. Mr. Jefferson ac cordingly negotiated a treaty of ces sion for six miles squaro, including these mines; and gave the following reasons to die Senate as his induce ment: -As an establishment would oc casion a considerable und a certain demand for corn and other provi sions and necessaries, it seemed prob able that it would immediately draw around it a close settlement of the Cherokees; would encourage them to enter on a regular life of agriculture; familiarize them with the practice and value of the ails; attach them to property; lead them of necessity and w ithout delay, to the establishment of laws and Govern meat, and thus make a great and im portant advance towauis assimilating their condition with ours.’ But the seizure of the gold mines, violent as that measure is; beyond any thing that was or could have been ap prehended loses its imporlanoe, when contrasted with another act of great of unexampled, and I must add stu pendous injustice. 1 refer to the law which has passed the Legislature of Georgia, for the survey and dis posal of the lands of tho Cherokees. Let it be remembered, then, 1. That (here is a boundary, be tween the Cherokees and the States surrounding them fixed by numerous treaties and by law'. 2. Let it be remembered, that the treaty of Holstou, which was nego tiated in 1791,. on instructions pre viously ratified by a unanimous Sen ate, contains this simple and oxpres- sive pledge: ‘The United States sol emnly guarantee to the Cherokee na tion all gtheir land not hereby ceded-’ 3. That aS late as 1817, this as one of tho previous treaties and was declared to be ‘in full forco,’ with all its immunities and privileges;’ and 'that this confirmation is contained in a treaty, negotiated by the present chief magistrate, aftd unanimously ratified by the Senate. 4. And that the intercourse Act makes it highly penal, to survey tho lands belonging or secured to utiy In dian tribe by treaty. And now, sir, 1 hold in my hand a law ef Georgia, authorizing tho sur vey of tile lands thus solemnly ‘ guar antied; their division into districts and sections; and their distribution by a land lottery! There is a provision in this act of Ccorgia, by which, if tho President of tho U. S. should execute his sworn duty, in enforcing the laws of tke U. S. hituself to imprisonment for fivo years in the Georgia Penitentiary; that be ing the punishment denounced by this State law on any person, who shall obstruct tho surveys, which it is most assuredly the duty of the President (0 do. The law provides for the survey of the country into sections & districts. The sectional surveyors twelve in number are to proceed with as little delay as possible, to the duties assigned them. The survey of the districts is tc be suspended until the next meeting of the General Assembly, and until fur ther enactments for that purpose. The number of district surveyors is one hundred and ninety-six, and the Governor is authorized to call out a military force to protect them in tlie dischftrgo of their duties. The only mitigation of the severity, with which this bill acts on the In dians, is the provision contained in the thirty first section. By this sec- tit n it is directed, that ‘the Indians tint! their descendants, who have made improvements upon the territo ry, are to be protected in the posses ion of those improveincnt?&.ofThe lots of land upon which the said improve ments are made, until othervrire di rected by the General Assembly, or until they are voluntarily abandoned by the Indian occupants Indians not allowed to sell their right of occu pancy to auy porson, unless it be to the Government of the United States, or to the Government of Georgia, for the use of the person* drawing such improved lots in the lottery, and no grant to be issued, until the Indians shall have abandoned the lots in their occupancy; the fortunate drnweis of such improved lots, to forfeit their draws, should they by threats, or menaces or violence, remove or at tempt to remove any Indian, from such improved lot.” How much this mitigation is worth may he judged •!’ by considering, that it exists only during the pleasure of the General Assembly, and that the evidence of the Indian occupants, and of all those able to support his ti tle, is inadmissible in tho Georgia Courts. In this slate of things, it little matters, whether he be expell ed at once, or his estate be thrown in to a land lottery, to he drawn as a prize, and a “fortunate drawer” planted at his door, or dogging him wherever he goes, till he voluntarily leaves his home. Especially when we recollect, that, objectionable as this law is, a still more objectionable and oppressive measure was proposed and strenuous ly advocated, and if 1 am not misin formed, adopted, in the House of Representatives of Georgia. I de rive my information from a loiter, written from Milledgevilie, and pub lished in the Augusta Chronicle. 1 know nothing of its author, but that, as appoars on the fact* of the letter, ho is a friend of the present Adminis tration. Extract of a Idler to the Editor cf the Augusta Chronicle from a corres pondent in Milledgevilie, dated 21th November, 1830. “,The particular question now and for several days past before the House, is the adoption of Mr. Ilnyne’s ubstitute to the hill reported by Judgo Schley, from the Committee on the state of tho Republic. This contemplates, as you are aware, the taking immediate possession of the Indian lauds, and forcibly driving the Indians therefrom. How such a bill can be the subject of a moment’s consideration in ft Christian land, is to me the subject; of tho deepest as tonishment, and yet many intelligent men believe and fear it may be suc cessful. For my own part, I will not believe it possible, and indeed should Scarcely credit the evidcncoof my senses, if such were the fact, God forbid such a fatal consequences! and I will confidently rely oe his over ruling goodness and protection to a- vert it, to save the Indians—nay ten fold, to save our oum State from the serious evils which must inevitably follow it. I must not trust my feel ings farther on this point; perhaps they are teo deeply and unnecessari ly wounded. We will at least hope so. One thing is certain, that no etr fort ib or will be spared to prevent the adoption of the measure; and I % A ! am proud to see among the opponents many, very many of the first and a- blest men of (he Assembly of both parties. Indeed it is by no means a party matter, &c. “Numerous as are the advocates of this measure, the array ef talent a- gainst it is very powerful, and the ar guments of its opponents are sound and incontrovertible. 'To say nothing ol humanity, the want of neceslffty or* expediency; the ingratitude ol oppos ing the Piesident and his Administra tion which have long been and still are making every possible effort in our behalf; the folly of now necessari ly arraying them against us, contrary to their will, and of indirectly giving their and our enemy, Mr. Clay, still further and greater power against- them; the imminent danger of a di rect and violent controversy with flu? General Government, ail of which ore directly opposed to this measure, the faith and honor of the State stand openly and irrevocably pledged against it. But for this pledge given hy mil' Representatives, Mr. Wilde and oth ers, on the floor of Congress, last session, against the exercise of any force against the Indians, any effort to drive them forcibly from the lands, the bill to encourage their emigra tion to the West ol the Mississippi would not could net have passed.” Th is bill with some amendments passed the House of Representatives of Georgia 7G to 55. 1 read this to show that it is not merely “the white savages of the North,” noi the oppenents of this Ad-» ministration, who condemn the course pursued by Georgia. But 1 do not find that the law' pass ed is essentially better. The evils is only delayed. The lands improved by the Indians are not exempted from the lottery. An amendment to th.ot. effect was rejectud, by a vote nearly two to one; and alter the lottery is drawn the unhappy occupant is only to keep possession, till “the fortunate drawer” can pursuade him to go. And now, Sir, is there a anember of this Hoase, who can recollect, that the United States have solemnly guarantied this land to the Indians; that we guarantied it for a valuable consideration, which ice kcep\ lh?t we guarantied it voluntarily, unanimous ly, and belore the compact of IS02, r and not feel that the guaranty ought not to be violated? I again appeal to gentlemen, who, without approving of the principles of this policy, gave their votes for the bill of last session, qualified as it was by the Proviso, whether thov would have lent their sanction to Fife measure, had they believed, that, within a twelvemonth, a law would be passed Wy Georgia, to st*«d an ar my of surveyors into the territory of tho Cherokees, and to subject any person who should presume to exc-. oute your laws, to the pmiisbfnent of the Penitentiary, from the President of the United States, down to the lowest officer in (lie service? Why,‘sir, granting all these trea ties made by tho United States aro unconstitutional and not binding; grant ing the truly atrocious proposition, that we can break the treaty and keep the consideration; granting tlif Georgia still possess tho power, which, if she ever had if, by adopting the constitution she gave up to the United States,&fhat things now stand * as they stood, under the old confeder ation, all this would not mend hci» J title to those lands. Under the con federation, she admitted tho right of tho Cherokees to treat as inde pendent nation. She treated with them herself; the treaty of Augusl|»~iii 1783 stands’in her statute btyak; and in so doing recognises their right to cede, and to keep what they do not • cede. I will read to the LUuse th# 1 * first and aixty^rtlcle of the treaty. “Whereas a good anoerstamiiug [Seefourth jwgs.j 0 * A *4