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CHEROKEE PHflEMX
„ ■—- r - --———r 1 3: 1 -. —
... 32. 80UDXBTOT, EDITOR* NEW ECHO?
& IRJDIANS’ ADVOCATE
rttlNTEU WE7 KT.Y jJY
JOHN CANDY,
At$2 50 if paid in advance, #3 m six
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* To subscribers who can readonly the
iDherokee language the price will be' $2,00
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Kvery subscription will be consider* A as
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Ad- ertisc*'' jieh ^g w ;n be inserted ai s ven
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stj^All letters addressed to the Editor
..Post paid, will revive due attention.
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U. Slates themselves ass'ert to th
UQtouched millions of acres Which
lie he; ween their s*;* ilements and the
1 acme ocean., over which their peo
ple have ^ever even chased their
game, n0P
seen them from the dis-
^dt mountain tops. But whatever-
MAY 14, 1331,
esaid, the slate of Ceor-
the United States of A*
merica7 'at i session of her legisla
ture, held in December, in the year
1828, passed an act which received
the assent of the Governor of that
state, on theSOlli day of that month
.AGENTS FOR THE CHEROKEE
PHtENlX.
The •WM.twing persons are authorized to
icc-vv' su’-siwiptions and payments for the
Che-' ■ 1 - i Plirnnix.
M-A.-,PsiEOE &. WILLIAMS, No.-20
.Ma.'ke; St. Boston, Muss.
Glorgib M. Tracy, Agent ofthe A. B.
• C. F. M. New Yor’r.
ttev. A. D. Ennv. Canandaigua, N. Y.
Thowb Habtiisos, Uliea, N. Y.
"Rev. James Campukio., Beaufort S. C.
William Moultrie Reid, Charleston,
C.
Col. George Smith, Statesville W. 1.
Jeremiah Aubtil,'Mobile, Ala.
It v. Cyrus Kingsbury, Mayhcw Choc-
rtaw Nation.
Capl. Willi4m Robertson, Augulsa
eGa.
Col . James Turn.-, Bellefonte, Ala .
BUTfjyu*
foundation there may be for this the-1 and year, entitled “An act 10 add
ory, so unintelligible to your com- j the territory lying within this slate
plaiuants and so entirely inconsistent and occupied by the Cherokee Indian.,
with the title which they see asserted ' to the Counties of Carroll, i/e Kalb
against the aborigines of this country, Givinuett. llall and Habersham and
it is no longer true in point of fact to extend the laws of this state,
with regard to these complainants, over the same, and for other pur-
for they are no longer savages, nor poses;” a copy 0! which act, nullien-
heathens in the hunter state. Under ticated under the seal of the said
the promised 4 patronage, aid, and state, these defendeuts herewith ex
good neighborhood" of the United Dibit, and pray that it may he taken
States, they have become civilized, and consiuered as a part of this their
Christians, and agriculturists and bill. Thai afterwards, to wit: in the
have no more land than is sufficient! year 1829, the legislature of the
for their subsistence and that ol their . said stale of Georgia passed another
posterity, and this land they hold uu-; act, which received the assent of the
tier repeated, solemn, and still sub- j Governor on tho 19th December, of
sisting guaranties by treaty with the that year, entitled “An act to add
United States. They do not mean to j the territory lying within the ehartci-
allege that they have all become per- i ed limits of Georgia, now in the oc-
fectly civilized, nor all public pro- j eupaney of the Cherokee Indians, to
fessors of Christianity, nor all agri
culturists: but in all these respects
they are willing that a comparison
shall be instituted between them and
their white brethren around them,
and they are veiy little apprehensive
of suffering by such comparison w hen
instituted tw»fnrp this linnnrnhlt* f-imt
If practising justice, and the doing to
others as we w< uld have them do un
to us, be the tests of civilization and
SUPREME COURT OF THE U. STATES.
THE CHEROKEE NA TION
THE STATE OF GEORGIA.
BILE IN CHANCERY. *
tTo the Honorable Chief Justice, &. the As
sociate Justices of the Supreme Court of
the United StMes, sitting in chancery.
[CONTINUED.]
Tb- y have understood ’hat sonic ol
’"ttheir \vliite brethren, < <t zens of the
United Stales, have sometimes in
•dulged in speculative objections to
their title to their lands, on the ground
that they were mere savages, roving
over the surfaco of tho earth in quest
- of game, having never appropriated
the soil to themselves by incorporat
ing their own labour with it, and
turning it to the purpose which the
God of nature intended it, of sup
porting the greatest practicable a
mount of human life. Even if this
hypothesis of fact were true, how
such an objection could stand with
those solemn treaties by which their
boundaries have beeu designated and
their lands within those boundaries
guaranteed to them by the United
.States, they find themselves utterly
•finable to comprehend. Nor have
they yet been informed how their
.white brethren have ascertained that
’this'earth was designed only for the
purpose of agriculture, and that no
title could be acquired to any por
tion of it in any other manner than by
^actually digging in it* bowels, nor
-bow digging into one part of it, can
give a title to hundreds and thousands
of miles at a distance from the par
ilng. They are still more comound
ed in attempting to reconcile this the
ory of a title derivable only from cut
tivation, with the alleged title oy
diseoverv arising simply frotn sailing
along tbe coast, at several miles dis
tance from the shore, without even
touching the land: and,, finally, they
are equally perplexed in reconciling
Christunity, and the proportion of the
culiivators of the soil t<. the whole
number of the population be the test
of the agricultural character of a na
tion. with reference to the theory in
question, they apprehend that they
ve at least as little reason os ilieir
lie counties of Carroll, Do Kalb,
Gwinnett, Hail and Habersham, and
to extend the laws of this suite over
the same, and to annul ail laws and
ordinances made by the Cherokee
nation ol Indians, anti to repeal the
9th section of (he act of 1820 on this
subject.” of which last, net a cop',
duly authenticated, is aUw
exhibited, and these complainants
pray that it may be considered as a
part of this their bill.
That by these laws (lie slate of
Georgia professes to parcel out the
territory, which belongs exclusively
to these complainants, and is guaran
tied to them by (he aforesaid trea
ties, among the several counties nam-
white brethren around them to shrink ; ed in the title ol the laws, (0 extend
from such tests. | all the laws of Georgia, both civil
These complainants sSiew farther I and criminal, over the whole of the
unto your honors, that by tho coristi-! said territory: to abolish ail the Clicr-
tution of the United States, (to which okce laws and ordinances therein;
they pray leave to refer ns part of j and to declare, that in all cases of in-
tliis bill,) it is, among other things, dictment and civil suits, it shall not
provided that all treaties made, or to ’ he lawful for the defendant Cherokee
be made, under the authority of the j to justify under any of these laws; and
United States, shall compose a part i the courts of the state are forbidden
of the supreme law of the land, and it j to permit those laws to be given in
is further thereby declared, that the j evidence: to make it unlawful for
judges in every slate snail he bound ; the Cherokees to attempt to prevent
uiereby, any thing in the constitution the individuals of their own nation
or laws to the contrary nolwithstand- j from enrolling for emigration, under
ing. ^ I tho penalty of indictment and punisli-
That by the same**constitution it is ! ment before the stale courts of Geor-
furtber declared, (bat no state shall gia; to make it unlawful in the Cher-
pass any law impairing the obligation
of contracts; and these complainants
aver, that all the treaties aforesaid
are contracts of the highest char
acter, and of the most solemn ob
ligation.
The same constitution further pro
vides, that the congress of the United
States shall have power to regulate
commerce with the Indian tribes; a
power which, from its nature, is ex
clusive, and consequently forbids all
interference by any of the states.
These complainants further show'
unto your honors, that, in execution of
this latter power, the congress of the
United States have, from time to
time, passed various acts for the reg
ulation of that commerce, and among
otliers the act of 1802, “to regulate
trade and intercourse with the Indian
tribes, and to preserve peace on the
frontiers;” to all of which these com
plainants beg leave to refer, and to
pray that they also may be taken as
part of this bill. The great object
of these laws is to consecrate the
boundary arranged by treaty between
the Indians and the citizens of the U-
nited States; and every provision is
marked w'ith the clearest recognition
of the sovereignty of the Indians, and
their exclusive right to give and to
texecute the law within that bound
ary.
These complainants shew' farther
unto your honors, that, in violation of
these treaties, of the constitution of
okee nation to prevent the individuals
of that nation from selling or ceding
their lands (0 the United States, for
the use of the State of. Georgia,
(whereas your complainants aver,
that, by the Cherokee laws, there is
no such thing as individual title to
land in the Cherokee country, but.
the whole of these lands, according
to their laws, belong to the entire na
tion, as a nation, andean be sold or
ceded by them only in their national
capacity;) (0 make it murder in the
Executive, ministerial, or judicial of
ficers of the Cherokee nation to in
flict sentence of death, though in con
formity with their own laws, and de
claring all those officers, so concern
ed in carrying tln-ir own laws into ef
fect, principals, and subjecting all to
indictment therefor, and death by
banging; extending the jurisdiction of
the justices ofpeaco of the State of
Georgia into the Cherokee terrilory,
and authorizing the officers wdio.shall
carry their process for service, to
call out the militia of the state to 0-
vcrcome resistance^ awl finally de
claring' that no Indian; or descendant
of any Indian, residing within tbe
Cberokee nation of Indians, shall' be
deemed a competent witness in kny
court of the state of Georgia,: in
which a white person maybe a party,
except such person as resides within
the said nation.
These complainants aver that bo(h
these laws of the State of Georda
which tho j the United States, and of the act of|*rc null and void, because they ole
repugnant to the aforesaid treaties,
which are yet subsisting and in lull
force between the United Slates and
the Cherokee Nation; because they
are repugnant to the constitution of
tbe United States, in the provision
before referred to as contained in the
instrument; and because they are
repugnant to a law of the United
Slates, to wit: the law before men
tioned as having been passed in the
year 1802, entitled, “An act to reg
ulate trade and intercourse with the
Indian tribes, and to preserve peace
on the frontiers ”
These complainants shew further
unto your honors, (hut hy the alore-
suid treaty of Hopewell, the Chero
kee* acknowledged themselves to be
under the protection of the United
States of America, and of no other
sovereign whatever. That a number
of white men, citizens of the Unite:*
States, having intruded into the In
dian territory beyond the boundary
established by that treaty, Presi
dent Washington, in his message be
fore mentioned to the Senate of the
United Slates, adverting to (but fact,
declared it to be bis determination to
execute tlie power entrusted to him
by tho constitution of ihc United
States, to carry that treaty into faith
ful execution by the removal of the
white intruders, unless a new bounda
ry should be arranged hy treaty, ex
eluding from tho Indian territoi.v
1 nose intrusive settlements; thereby
avowing his opinion, that, as tho Pres
ident of the United States, lie pos
sessed the power, and was constrain
ed by his official duly to enforce in
behalf of the Cherokees, Use protec
tion secured to them by that trea
ty-
Tlieso complainants shew farther
unto your honors, that by the second
article of the treaty of Holston, be
fore referred to, the Cherokee nation
again acknowledged themsulves to
he under the protection of the U-
nited States of America, and of no
oilier sovereign whatsoever; and stip
ulated that they would not hold any
treaty with any foreign power, indiv
idual State, or with individuals of any
Slate; a stipulation with which they
have faithfully complied on their part,
and that protection has been, in the
main, extended to them, as well as was
perhaps practicable, down to the year
1829.
They shew farther unto your hon
ors, that they are informed and be
lieve, that, in the year 1802, the
State of Georgia ceded to the United
States a large body of lands alleged
to be within her chartered limits, up
on several conditions, one of which
was, that the United States would
extinguish, for the use of Georgia, the
Indian title to tho lands within her re
maining limits, “as soon as it could
be done peaceably, and on reasonable
terms.” The Slate of Georgia thus
admitting that the Indian title was a
subsisting title, which remained to
be extinguished, and that it could
properly be extinguished only peacea
bly, and on reasonable terms, by the U-
nitccl Stales, This stipulation must
he considered ns referring to the uni
form practice which had always pre
vailed in extinguishing that title, and
to bo construed and expounded by
(hat practice; and that uniform prac
tice liad been to extinguish the In
dian title by peaceable treaties held
w'ith the Indian nations in their nation
al character, in which, terms were of
fered, rejected, or modified, at the
pleasure of those nations, nothing be
ing forced upon them. That the
Cherokee Nation went on amicably
to meet the wishes of the United
Stales and of tbe State of Georgia,
by ceding, from lime to time, as
much of their lands ns they could
sprre,until by tho cession of 1819,they
had reduced their territory into a small
compass as their own convenience
W'ouid bear: and they. then, nccord-
lingy resolved to code no more.—
VOL. ZH.-KO. vit.
That the Slate of Georgia; ailiionghi
she already possesses millions ot tu re»
more than her people can cultivate,
becoming impatient for the lauds own
ed by jour complainants, and lot-get
ting her own stipulation with the Uni-
tod Slates, that the Indian title was'
ro.be extinguished peaceably and cn
reasonable tu ins, pressed upon the
United states, (ns your complainants
are informed and believe,) the obli
gation of extinguishing that tf‘ie at
once, with an intimation that she ex-
pec.tu the application offeree to me
Indians, if necessary for the accom
plishment of her object, end w.tba
menace that n the United States
withheld ii, she would hersfcli apply
that lorte and « xpei you. complain
ants from their jiossesaions In the
course ot that conespondence tho
Slate ol Georgia, (as your complain
ants are informed and believe,) 10
proaehed the United States with un-
tairness in those measures which bad.
been so humanely adopted to civ ilize
your complainants, and to turn them;,
from the hunter state to those of r.g-
licullurists and herdsmen, under a
regular government and laws of their
own, which, she alleged, !i.,d t ad a
tendency to attach them to the soil,
and to disincline them to cede ;t ior
the use of Georgia; and although, in
her capacity of one of (he Slates of
the U. S., fshc had been a party
m <J die irecatis which had (hose
her measures 1:1 view, and had reap
ed the fruits ot these treaties, Oy the
large cessions w hich she hr cl, from
time to lime, rec eived of the Indian'-
lauds, and although she had been also
a party to ali those acts of Congiess'
which had looked (o the accomplish*,
ffient of ibe same humane oml benev
olent objects, from the time of tho,
adoption of the present constitution of
the United States until she had gain
ed the last cession under the tierv rf
ISlOshc now affected to consiri rthnse
measures, consecrated as they were'
by the best patriots of the” United
Slates, aril sanctioned by herself, as.,
a tissue of hypocritical pidtenccs of
benevolence and philanthropy, which
' had no other object in view than to
disappoint her )wn just hopes of c n-'
grossing to herself ail the Indian lands
w'itbin her - remaining limits. Theser
complainants have understood and “be
lieve, that Presidents Monroe and-
Adams, in succession, understanding
the articles of cession and agree ment: -
betw een the Stale of Georgia and t i;c
United Slates, in ihc yeci 1802 ns:
binding the United States tocxtn gu ilk
the Indian title so scon only
could bn done peaceably and on renscU-
able terms, refused, themselves, to
apply force to these complainants, ot
to permit to be npplisd hy the State
of Georgia, (0 drive them, from fheir
possession; hut, on the contrary, a-
vovved their doterm(nation (0 protect
these complainants by force, if neces
sary, and to fulfil the guaranty given
t» them by the aforesaid treaties.
That the State of Georgia, d'sap
pointed in this her unjust design upon
these complainants and their territo
ry, resorted in the next place, to tho
scheme of her legislation before set
forth, expecting,as your complainants,
believe, to aecomf lisli by the moral-
force of her laws, that expulsion oP
them from their territory which she
had been prevented by the just and
honorable interference of the United,
States from ellccting, or attempting;
to effect, at the pr int of tho bayonet.
Your complainants, unwilling to resist
by force of arms, if it could be avoid
ed, the unjust and unlawful preten
sion of the State of Georgia *»
parcel out their territory nmo > '~
her neighboring counties, r;,a to ex-'
tend her laws by r^polslbn over
them, have apto the present
Gh«cf Mo^istrote of tho United
States to make good the protection
pledged to them by treaty with the
United States; hut, to their great
surprise and regret, have received