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CHEROKEE PHflEIIX
20. BOWDIWOT, editor
.* *$**-•*•
& OfOlAIS’ ADVOCATE,
NEW ECHOTA, SATV&OAT
1831.
VOL. IIZ.-XTO. &».
PRINTED WFF.Kr.V BT
JOHir CAXOV,
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8UR
AGENTS FOR THE CHEROKEE
PRCENIX.
The following persons are authorized to
ec-iv** subscriptions and payments for the
Iherokee Phamix.
Messrs. Peirce &. Williams, No. 90
•larket St. Boston, Mass.
Ubo.aok M. Tract, Agent ofthe A. B.
\ F. M. New York.
IPv. A. D. Eddy, Canandaigua, N. Y.
Thomas Hastings, Utica, N. Y.
William Moultrie Reid, Charleston,
. Q
Col. Gkougb Smith, Statesville W. T.
Jeremiah Austil, Mobile, Ala.
Rev. CvausKingsbury, Mayliew Choc
taw Nation.
Capt. William Robertson, Augutsa
G il.
Col . J*M£S Tuax, Bcllefonte, Ala .
.jUPRKME COURT OF THE U. STATES.
THE CHEROKEE NATION
vs.
THE STATE OF GEORGIA.
miX IN CHANCERY.
To the Honorable Chief Justice, Sc the Jl*-
tdjktlc Ju-.licct of the Supreme Court of
Ike United St ties, tilling in chancery.
[CONCLUDED ]
In another case, a bill in chancery
was filed, in the Superior Court of
HaH county, in July lasl, in the name
jf George ft. Gilmer, governor of
Joorgia, against sundry Cherokees,
paying for au injunction to restrain
them from digging the gold mines
within their territory, which, by the
•aKs of that territory they were au-
liorized to do. In the bill, a title is
isserted (or Georgia to (he whole of
dm Cherokee territory, as belonging
to the ungranted and unsurveyed lands
of the Stale of Georgia. The Chero
kee mines are consequently claimed
as part of those lands; and the bill
being sworn to before the same judge
Clayton, he awarded an injunction a-
■ainst the parties named in the bill
*s defendants, they being Cherokee
citizens, injoihing and commanding
them to desist iroin those mines, un
der the penalty of twenty thousand
dollars; and they were, at the
time aunimontlu to answer
thus filed against them in HftH
tJoder the authority of this ‘njunc-
tion, the Sheriff of Hall Count)
supported by a colonel, aCa P ta,n ’
and thirty or forty militia of the state
of Georgia, entered the Cherokee
territory, came to the gold mines,
and arrested a number of the Chero
hees, who were engaged m digging
void; the persons thus arrested were,
It first, recited by tho Umtod States
troops, and the Sheriff and I... party
themselves, made prisoners by those
STEwer conducting them troops;
fifteen or sixteen miles, n council o
examinatiort'was held, and an exhi
ition of their respective authorities
made, which resulted in the r e ,ea8 ®'
Inent of the Sheriff and his party, and
a declaration by the
same
the bill
ficer ofthe United Stoles troops, mat
no farther protection could be extend
ed to the Cherokees at the gol
mines, ns that officer could not inter
fere with the Iawb of Georgia. The
Cherokees, notwithstanding, contin
ued their searches for gold, as they
bad a right t o'do, and were again vis
ited by the sheriff and Georgia ruiii-
lin, who ordered them to desist from
taking the gold of Georgia;’under
the penalty of being committed to
jail Some of the Cherokees replied,
that they were peaceably pursuing
this business on their own soil, and
were unconscious of having commit
ted any trespass on the rights of Geor
gia; and if il was supposed by others
that they had, they were willing to
abide the consequences, even if they
were logo to jail; that it was unne
cessary to raise the militia of Geor
gia to lake them, as the sheriff alone
could do it, if lie thought proper to
arrest them. In place of arresting
them, however, the militia destroyed
some of the machinery of the Chero
kees for gleaning gold, committed
some other trespasses, with their fire
arms, on the property of a Cherokee
woman, and with loud imprecations
against “the poor devils,” (the Cber-
okees,) retired for that time. On
the 9th of August following, ho , »“ • r,
the sheriff of Hall county, again ap
peared at the Chestatee gold mines,
in the Cherokee territory, with a
guard of four men, under process of
the state of Georgia, and there ar
rested three Cheiokees what w’ere
peaceably and lawfully engaged in dig
ging for gold in those minss, th* prop
erty of tbeir own nation; the charge
being that these Cherokees had disobe
cd judge'Clayton’s injunction in con
tinuing to work at those mines. Un
der this arrest, these three Chero
kees to wit: Elijah Hicks, Benja
min P. Thompson and Johnson Ro
gers. were taken, as slate prisoners
of Georgia, under an armed guard,
were forcibly carried to the court
house of Clarke county, in the state
of Georgia, a distance of about seven
ty miles, before the aforesaid judge
oftliestnte of Georgia, Augustin S.
Clayton; were, then and there, sen
tenced by him to pay ninety three
dollars cost, and to stand committed
to prison, till paid; and were further
required, each to give a bond, in the
penalty of one thousand dollars for
their personal appearance at the
next Superior court of Hall county,
in Georgia, on the third Monday of
September, then ensuing, to answer
to the charge of having violated that
injunction, and in the mean time,
strictly to obey the same. The said
Cherokees were kept in custody by
the aforesaid sheriff and his guard, oqA
that arrest, for five days. They
paid the cost, and gave the bond or
dered by judge Clayton, and did ap
pear at the Superior court of Hall
county, on the third Monday in Sep
tember, where they were discharged
by his honor, judge Clayton, the
ground that the governor of Georgia
could not be prosecutor in the case:
but th$ costs which they had been
required to pay, were not refunded
to them; nor did they receive any
jpoiuensatiQN or ovenapdegy for the
lawless outrage which had been com
mitted on their persons. In confirma
tion of the facts herein set forth in
relation to this case, those complain
ants annex hereto, as part of their
bill, the copy of the bill, injunction
anil subpoena in the cose of George
R. Gilmer, governor of Georgia,
against David Englaud and others,
together, with the affidavits of Eli
jah Hicks and Jolm Martin, all mark
ed B.
Numerous other instances might be
stated ofthe haraassine and vexa
tious manner which the State of
Georgia is carrying into effect,her'a-
fovesnid unconstitutional Jaws against
the persons and property of the Cher
okee people, without regard to pox or
ngc.’ But these cases will suffice to
show that the determination is form
ed by the State of Georgia to carry
them into jfiuli effect: and indeed this
determination tvaS solemnly announc
ed 1 by the Governor of Georgia, by
Uvo Pfdcliimatioiis issued by him in
the month of last, of which,
copies; are hereby annexed, and these
complainants pray that they may be
taken and considered as part of tbis
their bill.
These complainants had, at one
time, flattered themselves, that if
the State of Georgia should persist
in enforcing these unconstitutional
laws upon them, they would have
been protected against such an at
tempt by the troops of the United
States stationed at that quarter.—
Rut shortly after the arrest of the
Cherokees at their gold mines, as be
fore stated, a written notice was
spot bv the commending officer of the
troops to John Ross, the principal
Chief of the Cherokee Nation, ap
prising him that those troops, so far
from protecting the Cherokees,
would co-operate with the civil offi
cers of Georgia in entoreing their
laws upon them; a copy of which no
th p is also hereto annexed as part of
this bill.
Under these circumstances, your
honors cannot but see that, unless you
ball interpose for their protection
the constitution ofr laws of any State
to the contrary, notwithstanding. Un
der which last provision
plainants are advised that your honors
have, on various occasions, decided
that laws of particular States were
unconsuiution.il and void, on tic
ground of brine repugnant to the con
stitution, laws, and treaties of Hie U-
nited •Hitm
That vour complainants are a for
eign state, is not only evident by the
only test which can he properly ap
plied to such a question, the test of
allegiance, but Ii-'ih iict'ii »:.•>««< »• a-
gain. and still is unequivocally ad
mitted by the United Srates, by the
fact of their being acknowledged and
treated with, in i * 1 nn hi, f
the properly constituted authorities
of the United Slates.
They bring before your honors a
question of property and of personal
as well as national lights, involving
liberty and life, dependent for their
ascertainment, on the construction of
those treaties which have bean de
clared to be the supreme law cf the
land.
They alledge that laws have been
passed by the state of Georgia, in
violation of those treaties, as,well of
the constitution and laws of the Uni
ted Stales, by which the property
these complainants have before them land rights of these complainants hit\e
no alternatives but these: cither to been wrongfully invaded and are still
surrender tbeir lands in exchange for threatened with perpetual and iirein-
others in the western wilds of this con-jediable invasion and final destruc-
tinent, which would be to seal, at tion.
prohibited iron* executing ihe tavva of
that State within the boundaiy of
sciib-
once, the doom of tbeir civilization,
Christianity, and national existence;
They humbly and
claim from your honors.
or to surrender their national sove- cise of your high judicial functions,
reienty, their property, rights, and i that these laws of Georgia may be
liberties, guaranteed as liieso now declared to be void, and their exe
are by so many treaties, to the rnpa- cution perpetually enjoined, because
city and injustice of the Slate of j they are repugnant to these treaties
Georgia; or to arm themselves in j and to the constitution and laws of the
defence of these sacred rights, and j United States; because, being thus
fall, sword in hand, on the graves of i itpugnant, they violate those com-
tlieir fathers. How far either of | pact* to which the state of Georgia
these catastrophes would redound to ! is herself a party; because they tend
the honor and good faith of the Unit- j to the utter destruction of the propp
ed States, these complainants willing-1 ty and clearest rights of your com-
lv submit to the arbitrament of this! plainants, which stand protected by
enlightened and honorable court— these treaties; and because they
That these proceedings ofthe State j tend to comprornit the peace, safety,
of Georgia ore wholly inconsistent | and honor of the United States, for
with equity and good conscience, and ! the preservation of which, the trea-
tend to the manifest wrong and op-i tics, constitution, and laws of the U-
pression of these complainants, and j nited States, wore manifestly placed
that thev ate equally violative of tho under the judicial guardianship ol
good faith of those treaties (o which this high and honorable court, by the
she is herself a party, as w ell as of j constitutional declaration, that they
'the constitution and'laws of the Uni- j should be the supreme law of the
ted States, these complainants fear-! land, any thing in the constitution or
your com-4b# Cherokee tciritoiy, as pn
ed by ihe tieoiies now subsisting be
tween the United States and li e Ulie-
rokee NhIioi;, or interfering m any
manner with the rights ot stll-gov-
rrtimont possessed by the Cherokee
Nation within the limits of their ter
ritory, as defined by treaty: That the
two laws of Georgia before mention
ed as having been passed in the years
1828, and 1829, nmy by the decree*
of this honorable t on i, '■■(. m i :d
unconstitutional and void; and that
the Slate ol Georgia, and all her
officers, agents, » od sen ants, u y be
forever enjoined from interfering
with the lands, mines, and other prop-''
erly, real and peisonal, of the Chero*.
kcoNalitu, or with tfi: pe.sui.s of
the Cherokee people, tor, u: ticceunt
d'any tin g due bv Inin within lie
limits of tlie Cherokee territory; that
the pretended right of the State of
Georgia to the possession, govern
ment, or control of the lands, mines,
and other propelty o! the Che rokee
Nation, within their territory, may*
by till* honorable court, he der'aied
to be unfounded and void, and that
tho Cherokees may he left in ••!,•.- un
disturbed possession, use, and enjoy
ment of the same, according to their
own sovereign right and pleasure, and
their own laws, usages, and customs,
free from any hindrance, molestation*
or interruption by the State of Cour-
gia, her officers, agents, and servants;
that these complainants may bo qui
eted in the possession of all their
rights, privileges, and immunities,
itnder their various treaties with the
United States; and that the m y
have such other and farther relief as
this honorable court may dec in con
sistent with equity and good con
science, and ns tho nature of ihoir
case may require,
May it please the Cfini t to grant
to your complainants the United
States’ most gracious Writs of sub
poena and injunction, communcit.g cn^
joining, &c. &<•., and these complain
ants, in duly bound, will ever pray,
&<’. Sic.
respectfully
in the exei -
lessly alletre; that the wrongs with
which they are menaced are of a
character wholly irremediable by the
common law; and that these com
plainants are wholly without remedy
of any kind, except by the interposi
tion of this honorable court, they
have as little hesitation in averring.
But they arc advised this honorable
oourt does possess the power to in
terpose in their behalf. They beg
leave, humbly and respectfully, to
suggest, that by the constitution and
laws of the United States, original
jurisdiction is conferred on this court
in controversies between a Slate and
a foreign Stole, without any restric
tion as to the nature of the contro
versy: and the policy of the provi
sion manifestly contemplates every
case in which tho claims or conduct
of a single State towards a foreign
State may jeopard the peace, safety,
and good faith of the United States;
in all which it is essential (hat the
controversy should bo drawn to the
Jorum of the nation, instead of being
decided by the prejudiced tribunals
of the litigant Stale. By the same
constitution il is provided, that that
constitution, and the laws of thn U-
niled States which shall bo made in
pursuance , thereof, and all treaties
made, or wliieh shall be made, under
the authority of the United States,
shall be the supreme law of the land,
and that the judges in every Stato
shall be bound thereby, any thing in
rORSiZGW.
laws of any state to the contrary not
withstanding
Your complainants show farther
unto your honors, that John Ross is
the principal chief or executive head
of the Cherokee Nation; and that, in
a full & regular council of that nation,
ho has been duly authorized to insti
tute this, and all other suits which
may become necessary for the as
sertion of the rights ofthe entire na
tion; as will appear by a copy of the
legislative resolution made in the
premises, and hereto annexed as part
of this bill.
In lender consideration ofall which,
and inasmuch as your complainants
are wholly remediless in the premis
es, except by Ihe interference of this
honornhle court: to the end, there
fore, that the said State of Georgia,
one ofthe United States of America,
may be made defendant hereto, with
apt words to charge her as such,&lhat
she may, by proper officers, accord
ing to the established form of pro
ceeding in this couH, in like cases,
true, full, and perfect answer make
to all and singular this premises, ns
fully and particularly as if the same
were herein again especially repeat
ed, and they thereto particularly in
terrogated; that the said State ol
Georgia, her governor, attorney-gen
eral, judges, magistrates, sheriffs,
deputy sheriffs, constables and all
her officers, agents, and servants,
civil & military, may be enjoined and
In another part of this sheet, we
have brought together a cluster of
foreign paragraphs, from which the
reader con see at a single glance the
preparations which are making in ev
ery part of the Com inent of Europd*
to meet the crisis which seems to be
approaching. Levies and loans are
every where the order of the day,
from the Baltic to the Euxine, and
from the WMga to the Atlantic. Ail
Europe is in fact arming.—A mutual
distrust prevails among the nations*
mutual heart-burning; a mutual ha
tred. Nothing is wanting but a fit
occasion, to set all Europe in u
blaze; and according to present ap
peal antes, such an occasion is near
at hand, if it has not already arriv
ed.—Journal of Commerce-
THE “NOTE OF PREPARATION/’
Hollami. - The Messoge des Gbnm-
bres contains an article on Belgium-
in which it is stated that ihe King
of Holland has demanded permission
to send 10,000 troops through the
Prussian territory, to occupy (lie
province of Luxemburg, and that, in .
the event of this permission being
refused, he intends, under the pre
text of reducing the Grand Duchy
to obedience, to march the Dutch
army, consisting of 8J,0Q0 men
through Belgium. The Message!*
observes upon this subject, that
France will probably oppose tbis mil-*
itary promenade, with the coiicurence
of Great Britian.
Antwerp, March 25.—The Dutch
troops aro in motion, nod are ap
proaching in great numbers to our
frontiers, by way of Bladel and Eer«
zel, between Eindhoven and Turti-
(bout.
