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Ws of lhi$, state op of the I rtitPOhosokflo
* ‘ *,two opiniotf-:. o£ .the
thos# la>rs r on Indiaiyi/e on tl M> ’H<o caS)s
fthalhtl Bin IwritpryJjy . Cherokee Nation
nit?»»lahcj%^4^0^ of (Jeorgia-v*^
state, vvould rrthHft^'and satis lai^Lory
to be mtfrder, ;tWi j tlto dtttingtff
iot punishable by the lawof|tiee Marshall.
, though the fact tverd'per- j we gavtf*0me ^vq^kslfacc,
pot rated within its limits,^or h^hafciNfUionaj Intelligencer ,"hffpri
adted ogteeahly to the law of his na$P ri
(ion,, and w in i^l other countries as
luuch justified as lie is by the. law; of
his own nation.
til a late instance, one of the six
nations and a ehief of the nation^ was
| indicted in a'court of the state which
in| govern^ by the laws °f her own na- included their territory, for inflicting
I*counti#the declaration for £ loss the punishment of death upon on Indian
of . horse out into her care ns an innkeep- belonging!lo his nation, (or an off nee
erfeannot be joined with a.^nt in as- j U ot tljus |tlinisha f )le by the law of the
suuipsit. The defect will nooWhwred by 8 t„( e> nnt | ho W as discharged from
SUPREME COORT OP ERRORS, AlfD AP*
Pt.VLS t>r THE STATE «F TENN&S-
R
HOLLAND VS. ELIZABETH PACK.
An Indian residing within th* bounds'
of the Chferokee ebuntry beyond the treaty
line, is n*t subject to be%ued under our
laws, for any default as'Tn innkeeper, be-
«rnv(»rnpd hr the laws of her own ntt-
pleading to each count; an a^pro^riate |
plea, if the jury find uponHhe whole
The objection will lie on demurrer, in
•arrest of judgement or Writ of error.
Haywood, Judge, delivered the opinion
of the Court.
Action against her as an innkeeper
for the loss of a horse put into her
care as such, and another count in
assumpsit, for the value of the horse;
pleaded not guilty to the first count,
and non-assumpsit to the latter. The
jury find the issue for the plaintifl*.
Appeal in the nature of a writ of er
ror from the circuit court of Marion
county to tins court; errors assigned,
uiisjionder in action and that thecour^
ought, to have granted a new tri
al. *
The court will now proceed to ex
amine the case upon the evidence
offered in the record, whiclf-slifews
that the cause of action arose within
the limits of the Cherokee Jomtory
The evidence is, that in 1815, plaint
iff came to the house of the defendant.
put Op as a guest at her housi , and
tliatjn the morning his liorse v which
lie iffid put in her care, could not he
found Plaint iff proved further, that
in 1819 she lived with her mother at
a place called Lowry's place, which
was reserved to Lowry by Hie treaty
of 1817. and thee acted as assistant
•house-keeper. * The object of the
plaintiff was to shew that this wqs the
place or public** house at which Lis
iorse was lost. The treaty of 1817,
shews that this place being reserved
that treaty for Lowry, in 1817,
was in the Cherokee country up to
AlifPf time.
Before coming to the principal
point. I would briefly remark, that if
in 1815Hlis place, at which she lived
iff1819- was not the place of her
residence, but some other, then, there
is no proof that-this other was kept
by her as a public, house, and then this
action, which is founded npon^ that
the indictment, being not amenajUe
to the law of the state lor hi:**, con
duct.
The law 'of retaliation is in the
Cherokee nation in fifll force, as much
as it formerly was ain&ngst the north
ern nations of Europe, who assigned
by law, to the relations of the deceas
ed, the right lo revenge his death, of
0 comhfiutu it for a sum tobe paid in
ieu o! jtlexere.ise; and as thf* lows
of England even to this day, give to
the widow or heir the rigid to appeal
thh slayer, of the death of her husband
or ancestor. •
if war be declared by the Chero
kce Nation, and one of them kill one
of the people against whom the wi-.r
is declared, he is not therefore subject
to be punished as a criminal, because
he is acting under the authority and
laws of his nation. He eaniyit, by
carrying on wai ag inst us. be ti c ited
as a traitor or rebe 1 , and be is only
1 lien subject to our law when lie
iRfiues within the limits of the stale
and beyond the territories of his own
nation. There he is bound \o its op-
servanee upon the same principles and
in the same degree, as a Frenchman
coming into the country woutd be* H
impliedly' undertakes, because of the
protection, that is given him, to be
obedient to thejaws which affords it,
and like a Frenchman in his own coun
try, whatever enwse^of complaint be
gins there though sued for the same
in the courts of this state or of Eng
land, his liability is measured by the
law if his own country which has
been made for the internal regulation
of their own affairs. A Frenchman
living in France whilst claimed by
England as subject to its sovereignty,
was always admitted by the English
law to he liable for transactions
jew of the argument,
of the; Indians have generally agr
ill regard to the soundness of the
cision. Even the Indiau8.thfcmselv[,, T
we apprehend from thl^cdilorial re
marks in the Phoenix, Will yield their'
assent to it. But this has nothing to
do with the great question of the In
dian rights, norivith I he* conduct of
(Jrorgia.uni with the obligations of the
General Goverr,%Lcnt. ^Thesfc quesj
lions'were not brought itfto view in
the motion before vlhe Court, nni^o
course could not be decided. Stil
the adm'mstrTtionprjiits exhibit the ( '
decision as a perfect refutation ,ofj
tile Cherokee claims, and a tri-j
umphant vindication rf the sound jfolicif
of Andrew Jacffson!
This, we are aware, is be
an old subject. Hut, though old', we
hope it will not be suffered to sleep.
The .enemies to the Indians are wide
awake. Their measures of oppres
sion are going forward with aeofelor-* el
ated power, .and soon if Will be too
la e to girres* them. Lip ii not be 1
true in this case as jt is in most olh-j
ers, »h|t j‘ i
“Injustice,. swill, erect, and uncon-
fined,
Swcppg the wide earth, and tramples
o’er mankind,
’While prayers to heal her, woes in«Te
slow behind.”
Every day adds strength to the
lower of Georgia. Her measures
are pursued with unrelenting sever
ity, while President Jackson and all
tiis partizaus look quietly on, affect:
ing to deplore the evil,.but unwilling
to pul forth a single effort to oppose
it. — Utica Gazette. •
>t ...;Ugh^ -
-rw„ it week oir ft»e |post Offitj^re-
ormTn this.place, that wc tfhoMd-die^ftble
so soon to publish ad itional fifcls in re
gard to the means employed to effect the
great object of the State T>f Georgia and
the present administration of the General
Government. The surmises of some that
the removal of My. Worcester from the,
post Office wa« but to pave a way for his
arrest have turned out tobe widl founded,
as will be seen from the lollfifong ortler
o/Col. Sanford addressed to rach of tlm
Missionaries under the care of tlife A-
menean Boaru, and the letters of Govcr-n-
or Gilmer' io JUcssrs.^ Thompson and
Worcester, which we have been permit
ted to pubjish.*^
Bcuduers’, ^lay 28th, 1831.
Sir,—After the receipt of the en-
Mcd letter, ton days will he nllow-
etTyflU, to remove out of the unsettled
limi.s of the State. If found resid
ing within iL after the expiYntiou ol
that litjjle, yoif will !m subject to ar
resir antLlo such punishment as the
L r.v sliatjl direct in case of illegal
rcBidem e &c.
Your oh 1 Serv’t.
J. W. A. SANFORD,
Comin'r G. Guard ■
France according to the French laws,
tho’ sued for in an English court.
Should an action, f<T instance, be
commenced in an .English court for
the culpable neglect or omission of
supposition, wholly tails. If the place I duty by a French innkeeper in his
-waere she lived in 1819 was the same ; own eountry, the dedaValion could not
place at which she lived in 1815, that i allege the law of England as the stand-
we are iuformed by a public treaty
MISSION OF THE AMERICAN BAPTIST
BOARD OE FORF.IGN MISSIONS A-
MONO THE CHEROKEE*
Mr.Jones, tli* inissionary«at the
Valiev Towns, in a letter dated Dec*.
6th, 1830, remarks—
In mV last, I mentioned six, whjp
had been baptized at different times.
We have cause for renewed, thanks
giving on recount* of the Lord's con
tinued favors; in eontenancing our
1 feeble efforts,, to spread the knowl
edge of his name.
At our church meeting this morn
ing, we were overwhelmed with a
^bnsc of God’s unhounded goodness,,
while ten Oherokees gave a clear
relat
it on
we find s wards to declare the loving
kindness of the Lord, who is causing
Jhe wilderness to blossom as the rose.
Eleven persons, (one hay ng pre-
whieh is the supreme la»v of the na
tion, was in the Giierokee territory.
And then the main question is, tvlietlw
os the cause of aetioa arising there,
»be governable by thft law of thetpheT'
ard of his right, hut only as.the means* vionsly related his experience to the
of enforcing it. And the plaintiff
could only resort to the law of the
French to determine the liability of
the defendant, the legality of his own
i claim and the exfetjjf of the retribu-
okee nation, or by the law of Tonnes-’ (ion to which he vvasjegally entitled,
.se; for if by the former, then the.ac- Just so was it in all respects with any
tien should have been mantained upon other and nil other, independent na-
joviden-e, shewing what that law is lions, and of tlie Cherokees, as well as
that makes her a public innkeeper, or others. Tlmir laws must govern 1 the
bow far such inukeepor is liable to the transaction:*which happen within their
plaintiff for a horse lost under the cif- j 0 wn pofde.rs, aftd- <!>« legal claims
fiumstfiqces above stated. j ivhieh are r"uiii,'!v{l w^on them, in wliat-
THe Gherokees. tlio, living within , ev<sr . C0I, H of other nations the satis-
the limits of Tennessee, and upon faction for»an injury sustaiueihmay be
lands the dominion of whiuli belongs demanded. This action is not found-
to this state, and having themselves ed upon their la w, hut the law of Ten-
only the usufruct thereof, are yet an I ncssee, and there is tio evidence in
independent nation, subject to laws record to shew wlifft the Chern-
both civil and criminal, made by kee law is, upon the (acts detailed in
themselves, for the regulation of their | evidence given and spread upon
internal affairs and exterior relations; record. Therofore, the verdict
as an independent nation, war is de
clared, peace made and treaties enter-
^pd into with the United States, and
sometinmss with other nations, under
.the authority of th^ur own great coup
cil; thongh by the^international law
which title United States and the Eu-
i*opean nations, who have had posses-
sioiA hi America, have Rcknowledged,
it has been latterly understood and
eometime* openly^ avowed, that it is
and
tion
judgement is without .iournla-
There is a misjoinder of counts also
in the^decleration, and that defect
may be taken advantage of Lv deinur-
« r, in arrest of judgement, or by writ
error. Therefore, as the first fault
in pleading has occurred with the
plaintiff j&forming his declaration, and
the objecuons being .tnjaen; should he
allowed, a I 1 bo, the defendant did not
unfriendl^and to be complained «if as ! avail himeeltVfiM mistake at tis ear
disrespectful for any of those nations
to roa ke treaties with tribes living
mrithin the limits of its neighbors.
By these Indians, war, when law
fully dnclared, is conducted according
to the foams and usages whieli ^hem-
selves have established, and when
mede captives, Uiey are fronted as
^riioners of war,'and not as offenders
the first fault is. there does the* law
impute blame, and requires reform
ation, and deems if on mitigation that
the defendant has been in fault a$ well
as the plaintiff.
Judgement must he reversed.
The Cherokee*—Wfr have receiv-
lion of t lie w.ork of the Holy Spir-
n their hearts. Oh! how‘shall
church,), were then baptised . and ad
mitted to the church privileges. '
A large company attended, though
the weather had been very unfavora
ble to (hose ,ivho resido at a dis
tance.
J\fonday Dec. 27. About a hun
dred persons st’ id over night. Breth
ren John Timson, John VVlckliff, and'
Dsulawee, assisted in conducting ‘he
devotional excereises last evening.
On invitatioiR. a number of persons
came forward, vvitu tears, ii. occupy
the anxious seai. I tnisrthe Lord’s
gracious work here has only com
menced, and that he will get himself
a great name among the Cherokees.
Oh that our faith were more in ex
ercise, on the divine promises, and
our hearts more enlarged, in view
of their fulfilment. w
In the cjsursc of the past year our
most sanguine liopes have been more,
than realj/ed. Thirty-eight persons
have been baptised *on a profession
of their faith, viz: thirty-seven of
them Gltarokees, two only of whom
speak English, and one black man.
I am just now starting for New
Ecliota, to get sonny Cherokee hymn
hooks, and to attend a meeting of'
missionaries, (to which I have been
invited by sp&iial messenger,) the
object of wjuch is, to make slate-
EJxecutive Department. Mill-
EDGEVIl.LE 16til May 1831. $
Sir,—Efficient evidence has been
obtained from the Government ol the
United Stales to convince the courts 1
of this Slate that the missionaries em
ployed among the Cherokees by the
American Board of Foreign Missions
arc not its Agents, and therefore not
exempted from the operation ol the
law forbidding white persons to re;-
side among the Cherokees without
license. In continuing so to reside
you must have known that you were
acting in violation of the laws of thf
State. The mistaken decision of the
Superior Court upon this subject in
the late case determined in Gwinnett
Counly has enabled you lor a time to
persist in your opposition to the hu
mane policy which the General Gov
ernment has adopted for the civiliza
tion of the Indians, and in your efforts
to prevent (heir submission to the
laws of Georgia. However criminal
your conduct in this respect may
have bpen, 1 am still desirous that
you should have an opportunity of a-
voiding tlm punishment wliichvx ill cer
tainly follow the continuance of your
present residence. You aie therefore
advised to quit it with as little #0-
laj as jinssible. Col Sanford tlie
Commander of the Guard will be di
rected to cause tx* he delivered to*
you this,let ter' and to enforce the
laws if yon should persist in your dis
obedience. - .
Very respectfully, yours &c.
GEORGE R. GILMER.
Rev John Thompson.
M Kli/ ' * 1X0 ai ctu- wujugi vi hiiivii 19^ Hi uinhr oliilC”
ly a period fta might, yet, where jnents of such facts as may be in our
Aral fa ii IA I ■ tk ama sk A L nnl ni!.. _ a. it. _ _ .
possessions, , relating to the condition
of the Cherokees: so that the friends
of trutjj may be able to form a cor- _ _
red jiidgeirtcht On-tbe subject; which Government, or excitin
is certainly*\very. important in the ! to oppose the jurisdr
Execui7 ve Dkpatmknt, Mfeledgk-
mle, lu^ ^V 1831.
official
II
Sir, — It is a part of my
duty to cause all white persons resiu
ing witltlh the territory of the State,
occupied by the Cherokees to be
removed therefrom, who refuse to
take the oath to support llie consti-
tion and laws of the State. Infaftn-
ation has been received of your con
tinued residence within that territory,
without complying with the requis
ites o? the law, aud of your claim to
be exempted from its operatlSK
account of your holding the office of
Post Master at New l£cliota.
You havo no doubt been informed
of your dismissal from that office.
That you may ho under no mistake
ns to this matter, you are also inform
ed that llie Government of the Unitejl
States dqps not recognize as its A*
gents the missionaries acting under
the direction of the Am&t'icon Board
of Foreign Missions—Whatever may
have bc«i your conduct' in opposing
the humane, policy of tho General
the indiafts’
ion of the
tditees
jviltjjo
quested tpffinw ttlis'letter deluded
to-.BikJiyk.to derty' your'arrist uh- ,
lit you ^tfeliAve Jiad an op^nuftiiy
'’Jo^Hhg tbt; State. a ^
#<*y Aes^tfulty Yours
:HfG.Bsfc. GILMkiR ^
ifUEfc WbaCE/TfUi’ 1
Tlir ^radR 1 will pei^feive from the let#*
ters otjGfovetapr GilmilV, the Gcnotpl
Gbve1%tsienS*4s leagued with .Georgia. i»
carrying this unheard of persce'ullfl^l^ i,
gainst the.m>ssionaiti(^i They are dor
termined to remove "tiiem for the purposeF
of preventing t\w\0ojjposUion. ta this th&
huthanc policy of the Gmeral^BoiTemmcnf
for civilizing the Indians. May we be .ic.iv*-
ered Irum such civilisation—we want-
uone ol it. |f the miS^Tonaries ipd-t 'be
imnished, would it not he a, welfto punish'
th^m, at least, for some plausible reason*.
Instead of bareljMhaking gratuitous asser
tions agartist them, lM-'them be take*
& tried upon the charge of “opposing the ' *
policv of the Gen. Gov., dnd exciting-the
Indians to opeos the juris<tictioh of the
State.” Such a course, would be. a tita
tie more becoming.
Whether the missionar cs will tljink it
best to remove is more than we can say^
Wc thin:; it probable, however, that some
of them will. Dr. Butler is already urAler
an arrest. And as to Mr: Worsester, a —
gainst, whom there,seems lo be the.great* r
cst animosity, there has not been a single
jnoment, "since the passage of the Geor»*
■feia law that he cou d have removed.
Atrd pow it is impossible fir himtorein«v»
il’lie isso disposed to do. Mrs^ W., on
xiccin nt of ill health has been unable to
leave the house for the last eight inonlhs*
•and at this time she is utterly unabie to
leave her bed. She cannot be rmnotech
without exposing her life to immediato
danger. It will be seciv that Mr. W. has*
but ton days notice.
The Post offic; at Spring place is yet
occupied by Mr. By nan, but w« understand
that arrangements are in progress to tiave-
him displaced, and we presithie it will bo
done shortly.. In orticr to effect this, the
Post'Jlfasler General will have tJdoonc off
three things. Either to bring in a wh ti
man from the states, or to ader the- niail-
ronts, or to discontinue tlie office and the
mail rout from Head of Coosa, to Spring
place. To do the last would be to cioso
the only channel through whii Ii wc tan
Carry on our correspondence and forward
our paper to our subscribers. Wcmjjbff
mistaken, but we cannot supprdfeS ou^fears
that thisSKurse wdl be pursuu?J. Many
acti of reform equally &s* astonishing*
as this would be, h ve been jjoirve. VVo
are prepared lo hear ahiiost any'thing.
Werould wish that this wcrelhe end o^
our account oi the progress of oppression t
but it i# not. The /bowing uoje will
speak for itself.’
OouGiai-oGy, CurfR Nation, )
June 1st 1831. )
)9i. Boudinott, , • # ,
Dear Sir,—Tho Georgia Guard,
under the coifimand of Cdf. Nelson,
are now fieri? tvilh 4ouf prisoners,
Messrs. Elliott and Dennis, wliito
men citizens of tkis notion by mar
riage. and the Rev. iVjr. Trptt, ,a!»o
a while" man, who are charged with
a violation of the'Creorgia Iniv, in liv
ing in this nation by its allowarff* pud
laws. The other it, Mr. Jolih West
‘*»ug Gentleman^ and a CliterOk^e.
of using insolent^itbiglta^
Guard.-- '-These foq.r I saw last night
under (^uard, chained *tOgethRf in
pairs and fastened with leeks. Mr.
David Vann, a member ot the "C'herd -
kee . Senate, end Thohias Woodard
, l0 are also arrested, but not chains^,
orf lv ** 0 are not aWotred to know the rea
son of their arrest until they arrive
at Head quarters, < 70 or 80 milks
from their respectivisli'esfdences Tho
Guard is still in pursuit of othergpm. *
They have a waggon along, in which'
they have a drum, on which they bedt,
and a fife to piake martial music.
*>ur rifrend, JOHN RIDGE.
present circumstances of the poof ; State, I am still desirStis . of giving
Indians. It is .expected .that aM the yon mid all others similarly situate^
Presbyterian and the United Breth-1 on opportunity of avoiding the pun-
? :. % k ^ '
M*
^Hail Cohtirdiia happy^andt
VVe have few4felditional facts to state
M\-. Trott is a Jtft-thodist Itinerant Mis-
sionaiy, under the direction pf ♦he'Ten-
nessce Conj^rence. We understand he
is not slowed to ride, a ad that he s in
deed chained every night.—The Ilev.
Mr. OUudcr, a JBcravian missionary, was
also arrested Tuesday morning dnd kept
under'"guard abdut two hours and the 1 *