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') « i .* '/i a ; f! ** 0 )•, (< jW£3 CHEROKEE PHflEIIX 20. BOWDIWOT, editor .* *$**-•*• & OfOlAIS’ ADVOCATE, NEW ECHOTA, SATV&OAT 1831. VOL. IIZ.-XTO. &». PRINTED WFF.Kr.V BT JOHir CAXOV, At 8* BO if paid * n advance, #3 in six Whs, or $8 BO if paid at the end of the ^IVi" subscribers who can readonly the •herolree language the price willbe #2,00 u advance, or #st,BO to be paid within the fear. ' Kvery subscription will be considered as •ontinued ifnless subscribers give notice to the eontrary before the commencement of a pew year, and all arrearages paid. Any person procuring six subscribers and becoming responsible for the pay ment, shall receive a seventh gratis. ,i-j»AII letters addressed to the Editor, Post paid, will receive due attention. QVt y i «f A tf 0* A A D h » 1 ,1 E (VO .1. t»e A.VX<»^ TAAlP* V*V* JIitfB/Va I-4<»,I. b»ae aoujuay kt/i dap o*®JBa b 4^a rcrz TEsso-t" D0J,5(*i-rfBa. TCPZ TdSO'A. TB KT 8*4 K4«»J D?.A.6t»F.Z TI> yW DO.IAAKSeJI, O^yjl DAP 0=0.10.1 f»'4rSU- owyz o’cvr at>«yiJ<»y, wp-v d*4 OJOJK.l K4*a VIABJ-, TCTZ TEWO-t* DO* ktaz dap G<ay*v* o’kib- 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.