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.. I: ■i , . , '.i.rfii / 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 inonths, or 93 30 if paid at the end of the .%ear. * To subscribers who can readonly the iDherokee language the price will be' $2,00 -in advance* or $2,50 to be paid within th r year. 1 Kvery subscription will be consider* A as continued unless subcribers give v* (o (the contrary before the ooiame*,., em(!nlof|l knew year, and ail arrearage-. id Any person Trocun*- „ ix ' snbscrlber8 'aii'3 becomtng respoe^^jg f or ^ bp pa shall receivers »* Venth'grans. Ad- ertisc*'' jieh ^g w ;n be inserted ai s ven ty-fivc c*. lt < p Pr Sl j Uare f 0l . lb , iiest nser- iion an.d thirty-seven and a half cents for fWh continuance; longer ones in propor tion. stj^All letters addressed to the Editor ..Post paid, will revive due attention. *o tv y .t d jmj 0- ^ ^9 d /1 s 1 j e a.G a. -•*»» AVJtaa TA/»4"> U*V* JhtfBA-I K4<».A. B8AB a«T».l<»y «T^l D^tP a>OJBJ <<rZ TEJBO-* 1 ’ D0.IA<»I*<»-I •VCFZ ftP TcSO"A TB KT »»■» (poJBa K4<»J[ i>*-ia>i»ez tb yw 0*y/l OJP (POJBJ P4c.V;„l- atvyz o»e«.R .if.C5it.i«iy, wf«v» d»4 030,1':.- TTZ TE.fflO-P D6- ETjtZ D$P Ooijy-V'* 0>JJB- •'eau 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