Newspaper Page Text
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*
Jl
yajj^HL 11 extend (is
ler'MSry discovered* la confined to its ^uaVd, ._ r -
finbjocts when they make purchases (.ninpted to he pased upon the pub-
I'nrt apttlaments, and itowt out of the i:„i, i,« int*rtinir the moat slander*
1 ieen five Hoes af trouth in the whole
Uwa over the Editorial mater in relation to the
Besides the iuiposiciao at-
tnd settlements, and grows
jfbvious principle, that these subjects,
purchasing, as they jpusl, with the
consent of tli^ir ou’H siwcijn, when
they remove and occupy the lands
' purihased, carry with them the lows
" ' Vnder Which they previously lived,
and in return for the protection which
thev receive, as continuing subjects -
of their sovereign', heftotwe amenable
and tabled to:such legislaltvAeuacl-
m nts as ii may be deemed useful and
expedient to make. The right to
purchase id derived, from ihe crown,
the right to occupy ‘'' oin ‘J**- pur-
chaae; and the subjection to the legis
lation or the crowd, from the union o'
these righis, connected with their n*.
ttonal character, and the protectnv
whic.INhe nlffon rs bound to afford
* them* ThijjpWer to legislate is
branch of tlw* srfme power which ra-
kwfully make any municipal regul - ..-
linn. a power oyer it* ot6n subjects.
sMlJed iU^cn-itory purchased with it'’
coiwcnt, m>d in regard to which it had
the exclusive right of p irch .se.
( To be Continuer.)
COMMITS <C\TA : >
Camp Gilmer Sept. 8 1831.
Mi. ‘Iocdinott .
\s lh>* rem .rks in the Pheomx aie
nKied t» in'Ae mr impression up-j
Public!, mind 'hr>1 in my » on*
it', vi.u. I said mu-r
heosion, of personal
n tp king i»m>l«• k,
ig thefact, mu! mv hold-
lick, by inserting the most slander
ous communications with individuals
names appended to them - who do not
know the first let^roFthe Alphabet
ir responsible in thriSelves and below our
contempt one in particular (who figured
largely in his abuse in the Pheonix)
declared to me that he never sno the
statement over his name nr heard it read
until I it was read to him from the Pheo-
nix, others if pnsible more ignorant,
ware made to appear before the pub-
fiek as presiding officers el large
^meetings, where was had the most
indecorous Preambles and inllamatory
■ evolutions, contrary to thair knowl
edge, this making them whether mtHthg
not the dupes of that liase mans
■olicy, you remarked that the mition-
ri*'s had made statements over (hair
proper names, I answered, to this
vc have no objection, we are always
:hd to see any tiling where thev are
I'sponsihle, that thair charador for
falsehood was so well Established and
I hair motive so well iindertltood, that
eensure from them was praise <o ns,
that towards yourself we had no per
sonal harm, but should you continue to
loan your name to this base purpose,
that we were nothing more fliau men,
that thair was a point beyond winch
durance might ceaBe to be a virtue,
that your claiming the constitutional
of flip freedom of the press
signed AAfcf*, I was aware that there I fetter without am'
were those who mi|ht*not be ‘ pleased) | confihh^jng the noai;
» firmed with truth I wa» willing to^ ‘
A,in fair discussion, any who anight
stion my assertion*; I am ever
prepared when convinced of an error
to acknowledge my conviction; nor
essary
ihappily
a bant-
Of iw*
vc sit 10 s
SV h an appre
h nil pres c.-v « 1
this in' h
In state
ittg no dis/vise, ioilu - os me
tn,, err.?.f ion a« it oev-urod. al-
Exurnssmg, «ny regret for your
4 remarked that when
. .he country we brought
of those, feelings which
and so improperly al-
to
tci
just 'ourself
we came iqt<
wilt) us none
is as so of ten
could not garentee the right, to m-
vade the sanctuary of a mans repita-
tiou leaving him no redress either
constitutional or inherant, that l was
sitislicd von knew me iwo wcl 1 to
believe for a moment lh.itI would o
long since under such calumnies have
saught red' C8< of any oilier Editor in
- Py—
am 1 disposed, under any circumstan
ces, to prefer a falsa Accusation in il
lustrating the oppression of the Cliero-
kees,/acts are fufficiently numerous.
Neither am ( to Be intimidntad in tell
ing the history of our country’s wrongs
by the pos iliility of arousing.a termi-
gant. I was not, however, entirely
aware of the true character of the an
tagonist who has presented himself,
as will be seen by the following letter,
until its reception disclosed him more
f»!!y to my uiind. But little relates
to the point at iwe between us, and
that little, how characteristic of the
cause! If indeed incorrect state
ments have been m, ( de to the public,
and the injured party k suppose self
defence calls'' for their porrection,
why is the defence sent to me. whet;
it is admitted that I am chargeable
with only a part? I am not the Editor
of the Phoenix; nor have I the coutrol
of public sentiment Mv residence is
some distance from Ecfinta; and it
ought to have been known that it is
no duly of mine to publish con-
tradi •lions . to my assertions, or to
endorse another's slander of the most
respectable citizens of the Nation bv
iving publir ity to tne whole of this
letter, But stv far as it mav be
thought a defence, nnd not an attack
upon individuals not concerned, I am
willing to publish.
1‘Ch-;.rokee Agency |
to officifiMtuJiqn ittbei
to devote siVne'i merit
for him tho, he has
trig spirit nnd trifling epithets for
manly discretion and solid reasoning.
1 will not hurl back the same vufgar
weapons he has chosen to use, but
Will leave then to tho entire use ol
those who think that civilix0ion has.
given to the whitritaaa a right to A]*
exercise of every species of arti$£~
te accomplish his designs against, I*
dians.
But to the subject. I have been
8 uil .
law*-’
kees (or citlUvatiop.”
be shown, clearly, I malht
it nn intruder, and that
does not pdsliess the right to
such ‘pt*i oilssion’ as he ch>
on of lligr
erlhe“
i
tlifi halfFFceds.”
justification for a> ^ ^
philosophy Of the immortal
The oppr
W^ilov
inbjkrted.
surpassed fy this learned
ol
25ttiAugi.st 1831.
Wir,u\M S, Goody,
Sir.—In locking over your
paper, which has from its birth
lit lie
been
mv re - cb. after my repeating my nd- ! speaking lies and heaping up wrath
monition and your thanking mo for
mf hitherto forbearance tve parted
On a subsequent interview, after
#•
tributed to the citizens' of our State j complaining of the one sided stale-
in regard to your people, that we , ment j| ia ^ | la( j jj ePn , na( ]„ G f t |, e a .
came under the influence of all thej j )nVfl conversation and repeating the
better fneliugs ol our nature, it was omifiotts. 1 remarked, that if you
against the people whom you profess
to advocate, and which has contribut
ed no little to their downfall; 1 fmd in
your remarks that you have conde-
cended to notice the sun-iii-law of the
agen', or Mr. H as von please to call
him; and that you have reference to
our object sim.ily find impartially fo ^ , vare i-oa 11 j t lie Editor of th‘ Pheonix , me is doubtless plain; As this is the
Execute the Laws such as they ware, i nilf | j|,j s pat riot devoted to the intresis
At tho same time to cultivate peace
file nil rtiip and good will with all, in
this we bad m 'St generally succeed-
ilh the mitionanes and
ed except . . . a
those ifpmediately under thair mflu-
aiue. that we ware Publick officers,
tfnl onra' is vare ddne in open t.ay
before the fa c of the world.
BU I
[■ ini
it-. Edii(
XV'lh-
P''i
he most
that we by no rn^ans saught to con
ceit them ‘Von. publick investigation.;
tve courted the strictest scrutiny, not
K Would we wish to co Urol the opinions
f of any man or set of men in regard to
them, or a decorous Expression of
^huir opinions in relation to ou> selves - ,
unit that tve nad most seriously 'o <tli-
jeet to the course pursued by that
P ini .vherrifiyo'ir natn- appeared as
that its collnmns teemed
abusive slanderous and
V'jehus articles that our best acts
ware often from misstatement and
imoroper colouring made to appear
Worse than a sivage and- never fail
ing to attribute our every act to tlx-
himst passions of the human heart
SYiMW all we could not in our na-
tune feel willing to punish you with
OurTOrbt giviflP^ou notice, that we
ware two well informed ol JVorcester s
being the real Editor of the PhoSnix,
ohd the author ol those articles to
m-ako you responsible for the past
that we would only held y°« respon
sible for what might appear in future
<t. -t your charactor was and we be
lieved von to We an indolent ignorant
inoffensive kind of man, who possess^
n ie of that bitterness of feeling man-
if. st in the colltim# of that print, and
j you dUUlhai you had neither inclin-
atioqJMblilect to ojake them pub
lfck^Nfiyou had been long enough
the dnprof a man who was willing to
sacrifice entry thing to promot0is own
selfish and mercinary views, that I had
intended this conversation for you for
•ome time, but had deferred it ander
the koolledge that Worcester w m
be removed a short distance from you
firiem you would be left more free, to
»et for yourself, that if you presisted
in the couMjJieretofpre pursued Un
der our we could have no re-
d <-*s. than imr name covered 'he in-
tf-idual who they might reach, and
th ,« shielded h.m frmn that punish-
Utr.tfvfctfiA his crimes so justly merited.
find left to iw the only alternative of
‘•''Staling witli you in our individual oapB
■ elty, which we would mest assurdly
do, you 'nmfiired what ari»< |* f »•*»-
* t#Tl Answered that i bad uot
of your people, why you saught with
! such aridity to misrepresent immagina- i
i ry ills, where thair was real rong done j
them tinder your own eyes, without j
the first coimlaint from you, you in
quired to what I alluded, I told you
that I liad been rfl-si creditably in- ■
Jormcd that charities io a large amount
was yearly ssnt to Pc dcstrebeted ip the
i poor and more indigint of the Chero
! keen that in the discharge ol iny du
ties I had rode more than four thou
sand miles (4000) I his bad inabled
tne to inquire of a large number of
your most respectable people what has
been done with those charities, they
had uniformly slated that they ware
sold lor money or its cqnivilent by the
milionarics, what became of the proceeds
they knew not, as h r thair parts they
had never known the mitionuries to
distribute to the amount of sue cent.
I far her stated that if respectable
second time in which I hove been,
discovered to the publick in this light
1 therefore suppose self defence ealls
on me to notice a few of vour re
marks; and also, same having been
previously made by your little Editor
on the sapie subject.
Now Sjr, as to my living an intru
der upon.the ground in whi b one is
recognized, is evidently false or any
thing but flic truth.
If is wejl Known by treaty stipu
lations. that Ihe agent should have o
sufficiency of land for his accomoda
tion, and that by the former agent
Co). Meigs, one mile square was
deemed requisite for that purpose.
In which bounds I now reside by
the permission ol ttie agent; without
which no person can reside legal
ly.”
“Yon say Sir “The Indians are
oppressed”, to which 1 would icply if
they are, this oppression has followed
it seems ol charging the son-in-
he United States’ agent witji
intrusion ujion Cherokee lands, and
the agent with permitting this viola
tion of law within a few yards of his
vffice. On the other hand 1 have
been met by the former with a fLt
denial ol the facts, but neither argu
ment nor testimony have beef) o
ed. . , .
By reference to the 10th article of
jlie treaty •>!’Tcllieo, 1T98, we find
ifiO following provision: ‘"The Chero
kee Nation agree that the a„eM who
uii.ll in.' appointed to reside among
them froik 1 l 'rue to time, shall have a
sufficient ptx e (?f g'ournl allotted for
his temporary W»e. ^ be agcii is o
reside among the Che.-okees, and they
agree to allot a sujjlc>.*Ut piece
ground for his temporft-V use:
this, 1 maintain, is all which th.'v e'e*
liavc conceded.
Col. Meigs
“the accomodation
the mere expression of his opinion, as
to the quantity of land necessary
bind the Cherokee Nation to the ack
nowledgment of his undisputed sway
over u inile square, or if he chose two
miles square? Has the N ition.. at
any,l ime, and ill any manner, agreed
that an exclusive riaht to the cultivu-
lion of, and government over, a mile
square oftUeir lauds should be sur
rendered to the A-ent? Never. And
ik will require something more than
the naked assertion of vli H. to sus-
ain his position. I believe the sub
ject of granting the use and control
i,vet a mile square was .solicited, but
uid not meet vith the approbation of
moral and political law!
lowed from th$ cqurse of the hdUbreedi
that President Jackson is justified in
nullifying the most solemn treaties.
nnd nuineritus acts of the
the United States-, in
practice even more that)
nn contends for in theory,
he pretends, to regard with
horror! Has it followed from-
course that Georgia with hjf aid
break down every barrier ’‘Which* Utw
wisdom and genius of a Washington,
and a Jefferson has thrown around ou& *
Nation fof. its protection? Has i( ^
| followed from'that course tba
; chief Magistrate of the United
i can-look• with indifference up
| tarnished fame and glory,-^
fiiithi of the American G^PTnuictitil
au(J i ius it f«ijfoi>\?d iVotn that «ur.ti that
' the Nation is permit tdcf fe st ourg-
ed With intruders gloryfhg ut fii. 1
naAqi
thil
nts of the Government are absolv
ed lion* Uie dischfirge of their dunes? '
; If so, thed indeed ought “those half,
breeds to &t<me for' their tomlin i.**
• v l. i IHUUUCI5 giui JTntT ili flfia*
id. It matters no. • ' _ ig wicked and dishonorable? And
“deemed requisit •‘°, 4 followed from that too (hat
daliou of the agent: dia^ „ % n , B 0 f «i, R Govemme.ii
/Jut,the prop*' authority shoqU udlicfc
the punishment. But will Mr.
■ T|
particularize “tboioh a If breeds J*.
specify the nets of their goiil;
charge is too general and vague.’
Mr. Iiardwick wrongs rue much',
by soiyng that I would have “the half
breeds receive all the annuities jthem*
selves,” and by imputing to me thor
expression that “they should receive*
Cherokee testimony was to be cred- j after t.iie avarilions, self interested,
led that these tnen had given coun
cils which if followed would have been
and dissimilating course of the half-
breeds;, and for which course, those
Treason 10 the S.ate and distraction to- halfbieeds ought to suffer until they
your People, you said that you did not
know that any thing was Ever sent
a greater proportion than the comtnour
l woul
would have, the money
atone for. their conduct. They should
be taught that they are not to receive
by the charitable publick, as donations | all the annuities .themselves, or even
to inable
piracy of
tu the Chefokees I remarked that
1 lie greater mass of the Cherolcees j since in the agents
had my real cimpathies that I hoped
they Ever would, that thair Extreme
ignorance and the many imposicians
practised upon them cave them claims
to the better feelings of thair fellow
men, that 1 received.po pay for ray
cimpathies. that if others received less
for thairs. I believed instead of feed
ing (hair ignorance,'that canker of
thair misorles the better
them to inakj a common
thaii rigfits for thair own aggrandize
ment. they might Perhaps be inaploy-
ed in instructing them in the arts of
civilization in religion in virtue and
leading them in the road to happiness,
adverting again to your course—some
hasty words insued—though imt cor
rectly stated in the Pheonix they may
|>ass, we parted
Respectfully * &
* C. H. Nfi?LS0f«.
P S Though my remarks id. rela
tion to roiliofiaries ware general I did
not intend to imhrare the Babiist or
Moravians against them I know noth
ing. C. H. N.
Quoted
as you expressed yourself not long
office, that they
should receive a greater proportion
than the common Indians; You say
Sir, where is the annuity and what is
to he done with it, I say that it is at
the Agency and will remain there un
til the Chorokees are willing to re
ceive it not the •halfbreeds as you
would have it, for I can assure you,
that Gen. Jackson does not speak
with a forked tongue.
Now as to the remarks of your lit
tle Editor as respects my being en
gaged with a number of hands dig
ing Gold last summer: is a palpable
lie and Pbelieve that it was conceived
and brought forth in-his own office
for certainly I hav« never seen one of
his papfifs without one.
\ You say you wish all Uie treaties
carried ii#» effect, and would knowj
the rcnvdu why they are not, to this I
can only fifiyi that the treaty says that
if a while man shall go into the ludian
country'*and there Intrude &c.the In
For the Cherokee Phoenix.
Mr Boudinot,—When I offered
for publication th« communication
heCborokeeB.Their refusal was foun
ded upon just and correct principles.
It would not only have been extreme
folly to have allowed it, but would
have been even dangerous, in case,
the agency should devolve upon one,
whose caprice and selfishness might
oust th«,natives of their comfortable
domestic enjoyments, and draw a-
ound him a ffetinue of ccnnexioas who
regarded the Indians merely as fit
subjects to be cajoled for their “acr
eomodation.”
It is positively alleged that without
a special “permission” from.the agent
“no person can reside legally” within
a mile of the agency, not even an In
dian; and the fact stated, that he can,
at his pleasu-e, introduce citizens of
the United States, and quarter them
upon lands, belonging to the Nation
where he can exclude the rjmdcnce
of the natives! To me, this ja both
novel and extraordinary. It ira’right,
which, in my humble opinion, borders
near upon 'usurpation, somewhere.
The treaty of Tellico alone contains
the only provision ever made for the
agent, and that, as wc have seen, is
nothing more than an agreement on
the part of the Nation that he may
have a “piece of ground allotted for
his temporary use,” but of sufficient
exten for that purpose, and for that
alone. The same treaty acknowl
edges the undisputable right of the
Cherokces to their lands, and admits
the binding force of the solemn guar
anty of the United States in the 7th
article of the treaty of Holston, 1791;
as well as the provision of the 8th
article respecting intrusions &c, by
citizens of the United States. Now',
if it required the consent of the Cbcr-
okees to be bad, by treaty, before the
agent of the United States could ob
tain the temporary use of a piece of
gsound, 1 will it not be a fair question,
Indians.”
paid into the National Treasury^
where it ought la be. I would httaw j
it applied to (hr Benefit of Hue, Na-j
tion, ander the immediate dkja«tiap j
of the Repretc t utYpj’.of the people^!
selected by th^msettes, “in Geneva^
Council Convened,” as heretotbre#
I certainly would not have it squan
dered away'by half dollars, wbmim
possible good can arise; ntit wvuhhlj
have even h Jij) left in the poie* - *f
the agent, whether for a ear of • v' v
ora gratuity, without tlip apj'«-y**»
tion of the Chfrekte Nation, to wrouh
it belong*. » A
When on nafjr way ta’tlrn agency, some
time past, l Observed To a gentfemafi
they
that 1 come
treaty, and
diuns may punish him 01; not as
-oose-^-should you think
under this clause of the
; lint- you serf an Indiau, 1 invite you to
the execution of its purport.
JOHN HARDWICK.”
A1 might perhaps pass over this
in company, that; fn our arrival, I
would ask of the agWnt, how fie couljl
reconcile the payment offijjjjpubls ttf
each individual rilifyi the order fi oat
the Secretary of War recognivef
three distinct classes, chiefs, warricrt t
and common Indians, to receive par**
ment according (0 their rank and
standing; and then, whaflftwe the
chiefs, who the triffem*0r«,fl0PVvho thfi
common Indians. Task'd the- first
question, as to his payment and thr
classification by the Secretary.Ho re*
plied that he mad©nofiittinctieiydhit
paid to ail alike; find the qpjRPbt
dropped, nor waa^it afterwards re*
sumed- I can appeal, for the cor*
redness of this statement, tfi thy
very respectable Treasu^,. -fcf this
Nation, and tQ ( n6 Agent Mmstf,
j ‘liat I ifindfi no such exprtssiou, astf
imputed to me, nnd were if fieeeisa*
ry, to others, who were present.—
he phrase common Indians is none sf
mine, it came from the great one!
at Washington. Since Mr. H. iw*
been so prolific jp his charges and hi*
revllings, 1 trust he will not cemplail
m
lie can
to ask upon what prmc _
assume entire control over a mile
square, and to legalize the residence
of citizens of the United States, wbeu
no treaty admits Uifi right? The
Cherokces are satisfieiTthgt the agent
oiay cultivate as much land as he
pleases about the agency, and will not
restrict him U> any thing like an in
sufficiency, and if his sdn-in-law can
make it appear, satisfactorily, that he
has been sen/ into the Nation by the
United States, under the 14th article
of l\\p treaty -of Hotston, to qualify
at
Atnw!
simple question; was he not f
self foiled in a pretty sebmp*, cow
sidering the time place nnd manner,
to “grasp” at least fi of the m
nuKy? JL - 1
But why has thjy gentleman 18
But wtir ©as tmy gentb
sailed the half breeds* with ' so ra^j
vituperatiop?,/1 alone was respc
ble for that, atovhieh.be is evidenllf 1
so much atiemkd; and if lie wed
to succeed in crowding all the hit
breeds into the Georgia peniteatiarf;
it wo«^
true point
‘♦to atoae foij^their course,'
not serve to clear up the
af issue between ds.
But is it a reproach to be cnlW
the son of a white man? If so. tlid
let OK the remrOach ha cant fall
the reproach he oaat bj 1
0