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HEBOKEfi PHOSmx
& INDIANS’ ABV©CATE,
Krwaaa ss>,
LIAS BOUDIN0T, Editor.
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protected band with pale and snowy
countenances sought
‘‘Rest and a guide and food and fire,
1 heir life be et their pa,h b ing lost
I he gale had chilled their Inubs w
irofci.”
T bey asked of the lords of this soil
but aiew feet of land to rest them
selves from the briny ocean, and wheve
„.. res „ „„ v „. w.p- ,a y an '* r '-‘ 8t their tv ary heads ‘till
ntrary before the commencement of a Providence should inierleio in their
•ear, and all arrearages paid. ^ ! behalf and provide lor them ^“habit
ation and a name”-With that cheer
fulness and hospitality so •remarkably
interwoven into the aboriginal char
acter it was no sooner sought than
granted. That little pilgijrn band,
fl<-eing their country’s wrongs, Iter
despotism and degradation, found in
tile unsuspicious the confiding native,
that hospitality and kindness duiied
■pup Tifto-A tb ns.tAoSpw^.j, kt j them on their own native soil. This
vojbjl f»4<aJi nv.iAAfcz tn yiv , is the simple story of the tiist ap-
c-yil »ip wiu »v 4 <».a-: proad, trf the IMerirn Fathers to the
rz 0“c«.n JtiW/Uusy, wr-v* dt-h l land which we now inherit and gov-
i»4^.i X’S-hbj’*, tg^z EiWim 1 ’ no CP enj with such-ainple sway. As they
apprr.aehed the wilderness, and turn-
eu their faces towards the interior
they met a hand of proud and lolly be
ings who since the birth of limp for
aught we know had held undisputed
s way over the continentof them our
t liters sought protection and they
J d it- They sought as time wore on,
heir lands and with the like generos-
ty ;md hospitality they had them, and
is t!ie tide of our population rolled
onwards " e added purchase to pur-
••hase, and accession to accession uu*
:l our country has grown «ieh and
powerful by their generosity. We
,5,’iv^ * 0 them in the language of
'neudstJjG ue called them brothers,
and they lit, to our professions of
friendship. o5t of their lands from
ihe East to the West water bt»v«
have been yielded tQ our importuni
ty, and although centuues must pass
before ivo can improve ail the lands
we have now obt ained of them, yet w<
are eod< dvoming to take by force,
persecution and subterfuge, that little
remnant, on whicit like the penned
flock they liuddle together and re
main. Mr. President, perhaps to
many in this audience the situation of
the interesting taco di’ whom we are
I now speaking may not be peifectly
| known. To otrers whose minds have
I been given to the subject and who
| feel an interest in the political rnove-
| moots of ibis eventful day their history
and present condition aro perfectly
AGENTS.
r. William E. Ilrilcy, Maryville, E.
•lesser.
Williams, Colos.^e, NeivYrk.
AttNtA&rs.
, ai& „ un i respectable tneet-
- ' i inhabitants of South
M •'unity, assembled
ana its v»w / • . ,
« r , . • ‘‘llo CO ,3ld-
ne purpose ot taking .. c ^
on tho situation of the Che. o..‘-^ s
their contest with the State oi
rgia Samuel Jones Esq. of Stock-
go was called to the chair and
aniel Tientsin Jr. E»q. of Lee
.chosen Secretary,
ftor remarks from a number of
leman present and ail address
Mr. John Ridge a member of
Cherokee delegation, the follow-
resolutions were unanituoulv
sed.
esolved, that it is (be sense of
meeting, that they view with the
pest sympathy the oppressions
ich the Stale of Georgia is visit-
upoti the Cherokee Nation and
now tender the same to that Na-
n through their distinguished Rep-
snlative wholes honored us with
address this evening.
Unsolved that the thanks of this
cling be tendered to Mr. Ridge |
>o has so eloquently unfolded to us j known,
situ itu.ii of tho Che nkees «i< this { 1° former
e and that we receive th« con-
atulations of all present in the late
cision of the Supremo Court of the
•uteri States iu-favor of his oppress-
countrymen.
Nathaniel tremain, Jr.
Secret arv of said meeting .
laws, regularconstitulioi.s of civil gov
ernment, and republican in their prin
ciples-Priutmg presses arc establish
ed and schools floirisn in our settle
ments, Clnistiau lYmples to the God
ot tiic Bible are raised and thronged
by respectful and devout worshippers
and we do hope and believe that God
has sent his spirit among his red chil
dren, that among us are many whom
he has 'redeemed and whom he re
gards as the apple of his eye. 'lo
the benevolent exertions of our while
brethren we lake this opportunity to
accord unbounded success. Your
venerable Father the great and the
good Washington was the first to rec
ommend to his white children the cul
tivation of our unfortunate tace who
were disappearing Ivoiu the earth as
he observed like the dew before the
morning sun. in accordeucc wiit.
his benevolent views, the illustrious
Thu following addr*ss was delivered at
* above-mentioned meeting, by Mr.
ranklin Sturgis:—
"Land of my sires?—what mortal hand
“Can e’er untie the filial band
" That knits me to the rugged Strand.”
This Mr. President was the ex-
ilamaiion of the forlorn and care-
ora native when lie beheld for tho
time the verdant bills of New
'tgland, winding his waj to the wes-
wilds, he from the mountain tops,
ast a last and lingering look, upon
hose delightful plains, within whose
osona reposed the ashes ol his long
ost chieftains and friends. A stran
ger from foreign climes had crossed
the then trackless ocean bringing with
him the seeds of life ami death, to
scatter vvido over this delightful do
main, seeds that were to prod ice a
tenfold harvest of joy and happiness
to one and of sorrow and dcsolaliou to
the other. The seeds of life to the
unprotected stranger—Death to the
' 'ty, powerful, and happy native
■the whitened satis were shaken by
the crew and the stranger bark glid
*d to Ply mouth’d rocky shore an un
I will briefly state,
that during the present administra
tion the citizens of Georgia have laid
claim to all the Indians lands with
in the chartered limits of their state.
They have declared that as a nation,
they shall no more exist, unless they
wander far into the western wilder
ness when, within the regions of the
Rocky Mountains, they may once
more have a country & a name, where
they may once more light up their
ooun-dl .fires and encircle their hunt
ing grounds, whore they may again
Guild up their churches—establish
their schools, & dwell without the in-
terf'Teiice of white men.
To this the poor Indian replies
“Save us! oh! .*»ve us now or you
will never have the opportunity,
wo have been driven from river to
riv.;r,frQtn mountain to mountain,from
plain to plain without allowing oppor
tunity fo? moral and intellectual im
provement,till it is as clear as if writ
ten with a sunbeam by the finger of
Gcd himself,that we sh ill soon go the
way of all our fathers. If ivp can
not have an abiding place where we
now dwell because the while men
want onr lands, what else can we ex
peel than v\hen a few more years!
shall have filled the regions bnyoud
the Arkansas with these same white
men, the red men shall he “swept
iivnv ipto tho barren prairies or the
I’acifie of the west. We ask you to
i-memher that we have in our pres
ent happy abodes wise and bcneficout
ctfeisou always the lied man’s t'neud
in his message lo Coogiess in 1SUU
says—“We continue to receive proofs
ot (lie grim ing attachment of our in
dial) neighbors; and this disposition is
mspiiud by their confidence in our
just ice and in the sincere concern we
feel lor their welfare, and as long as
we discharge these high and honora
ble tuncliuns with the integrity and
good faith which alone can entitle us
to their continuance, we may expect
lo reap the just reward ol theii peace
apd friendship.”
Your venerable Monroe speaking
of our Nation to Congress in 1824
says—“Many of the Tube* have al
ready made great progiess in the
arts of civilized life. This desirable
result has been brought about by the
humane and persevering policy of the
government. The re have been es
tablished under our protection thirty
two schools c ontaining nine hundred
and sixteen scholars who are instruct
ed in the several branches of litera
ture, and likewise'in agriculture and
the ordinary aits of life.”
’they further address in the follow
ing language—“We have been in
formed that our white brethren who
live at a distance from us are deceiv
ed, and that our enemies speak to
them with a forked tonguo, saving,
we cannot tram the aits of while
men. Bnl vve imploro you not to re
ceive the declarations ol such of our
enemies; but oh rely upon the asscr-
ions of your Washington, your Jeffer
son, your Madison and your Monroe.
They l-wed the red man. They had
no prejudices against our race, and
when they talked to us we listened
to them as to our friends. But sor
row, affliction and distress ptompt us
to tell you with Indian simplicity that
severe and bitter woes arc conic up
on us. The Indians’sky is overcloud
ed with blackness and darkness; dis
persion and death seems about to he
written on all our race; we are com
manded to put out our council fires,
lo desert the tombs of our departed
Chieftains and friends, to gather up
all we have nt,d to wander into the
regions of (lu'sctting sun where death,
slow and lingering death must soon
await all our Tribes--nh! do not
be deceived by those who tell you that
our removal beyond (lie Mississippi
is the dictate of huinuuily, that if we
remain where wo are our Tribe will
disappear. This is not so. More
than thirty years ago, Mr. Jefferson
in a message to Congress congratu
lates his citizens in tho following
terms: “I am happy to inform you
that the continued efforts to introduce
among our Indian neighbors the im
plements and the practice of husband
ly and of tho household arts, have not
been without success. They are be
cctnin" more and more sensible of
the Superiority of this for clothing and
subsistence over the precarious re
sources of bunting and fishing, and al
ready ore we able to announce, in
stead of that constant diminution of
numbers produced by their wars and
their wants, someof them begin to ex
perience an increase of population”
— 1 bis WL8 (be language of more than
tnirly years ago. Since that feu
people on the earth have made great
er advancements than ourselves.—
Now can you not believe this illustri
ous man who wastbe Indians’ friend,
lust, ad ol those who are the ilcma-
gues ol party and are our enemies.
He told you true, .and upon the sin
eerily of an Indian’s plighted faith
we now declare to you (hat until
the persecutions of Georgia and the
arts and intrigues o! the agents that
ate sent among us, we were a flour
ishing and happy people. Our pop
ulation was increasing and at this
time mote than half of our people
can read and vi.ite. But it. seems to
be the determined tesolution of Geor
gia to drive us from our country. Ev-
-■/ » t-
done to remove us beyond the Mis
sissippi. It is said we wish to go:
tnat tiie Cherokee Nation desire not
to remain. But Sir that litis is not
the "act and to show you that the
cemplainis which are daily & hourly
made to Congress are true* pot mil me
to iend a communication of one of
I he Clierokees written to his distin
guished friend now in this meat ing
and received by linn since be lias been
in ibis place.
[H ere Mr* Sturgis read a letter
from Ridge to his sou giving a detail
ed account of some of the recent
transactions of the Georgia agents
in the nation, which caused a gener
al burst oi iudigualiou throughout the
assembly.]
Thus you see Mr. President the
claims which this devoted race have
upon cur hospitality. They urge us
by all that is sacred in the hearts of
freemen, by tlie plighted faith of our
Nation not to drive them into foreign
inhospitable and icotmo, <>>.<1
ret d asunder all the tics which bind
litem to their country, their homes
and their friends.
Brit sir, will it be said that with
them we have no plighted faith,
no treaties by which our inter
com so with (Item shall be governed.
Permit me t'i cite to you a few ol the
many which lumber upon the arch-
ievcs.of thcNtion for tho performance
of which the Cherokecs now come
into ourcouBcils.
up
The first document to which I
shall allude is the third article of the
ordinance passed by Congress for the
government of the North-western Ter
ritory, which says, “The utmost good
faith shall always be observed to
wards the Indians. Their lands and
property shall never be taken away
from them without their consent, ami
in their property, rights and liberty
they shall never be t invaded or dis
turbed.
The next which ! shall cite fo you
Sir, is the 7th article of the Treaty
of Hope well made between the
Cherokee Nation and the United
States 1794. “The United Slates
solemnly guarantee to the Clierokees
all their lauds not hereby ceded and
the contracting parties will carry the
foregoing treaty into full execution
with all good faith and sincerity.
The last quotation l shall moke to
you sir, is more soleimilyfbhiding than
any before mentioned. Gen. Wash
ington in his treaties with the Creek
Nation uses the following words—‘‘a
solemn guaranty is given by the U.
States to the Creeks of their remain
ing territory, and to maintain the same
if necessai'y by a line of military posts.
But Mr. P. will it be contended
that those treaties have no binding in
fluence upon the Slate of Georgia.
That Congress hus no power to make
treaties that shall conflict with the
interests of a Slate? To settle the
matter forever and remoue nil doubt
from every mind, let us go bock to
the constitution of the United Stales
and there rend, “Jtll Treaties made or
which shall be made vn'lrr the authority
of the {Inited States shall It the supreme
law of the land any thing in the Con
stitution or laws of any Slate to the con
trary notwithstanding. Thus then Mr.
Chairman you have the Treaties and
thus you have their power and bind--
iug force.
Now Sir, in the name of Heaven'
let us ask,-shall the flagrant violation
of all these treaties be suffered in
this land of light and liberty? did not
our government when in consideration 1
of lands ceded to it, they guarantied
to the Clierokees the remainder of
their country forever, mean something.
Mr. President on this subject I
shall say no inor?. This much hav0
I said because I have felt deeply the
wrongs and injuries inflicted upnir
lliis unfortunate race. If aught on*
earth demands our sympathies it it
that powerful but now oppressed peo* 4
feeble and supplianf exf^mfeiTfo ft’e’ift
the hand of Charity and support*-
who owned all these lands from the
East to the West water; from the
rising to the setting sun. I sineeri ljr :
feel that since the establishment of
onr National Govt,, no act has in
volved consequences so interest tag
to humanity as the present determin
ation to remove beyond Mississippi
the original proprietors of the Amer
ican Soil. They have to long expe
rienced the inclemency of our selfish
ness, and injustice. They |Iove (be
laud of their Fathers., Then spirits
like those of white men delight to lin
ger among the tombs of their mighty
dead. But the band which unites
'Item to their country seems about to
be severed. They in truth behold writ*'
ten the dispersion of all the race.—
Their couneirfire is mouldered, they
must desert their churches: their vil
lages and their schools pcsesions which
they inherit from the king of kings,
ir> dwell in the land of wilderness.—
Let us then extend to them the band
ol frierdsliip, and remember that the-
glory of our Republics like those far'
back on the scroll of time, may. through'
ingratitude and injustice be consign
ed to the grave of a ceulury.
From the Cincinnati Journal.
“The mandate issued by the Su
premo Court, in the case of ihe Mis
sionaries, is not and cannot be direct
ed to the Marshal. It is addressed
to the Georgia Court, in which Ihe
sentence was rendered. It is the
common ordinary piocess issued,
when the Supreme court rt verses the
judgment of an inferior court. It in
forms the Georgia Cqurt, that its
judgment is reverse! and annulled,
and it directs Ihnt the Prisoners be
set at large. In common cases, the
Georgia Court would receive the
mandate, cause it lo be recorded, and
comply with its directions. This is
the plain course of duty in a Govern
ment of laws. But the Georgia
Court may refuse to pursue this
course. The Court of Appeals of
Virginia once refused to pursue it and
the proceedings that followed were
these: The party interested, appli
ed, at the next term of the Supreme
Court, for redress; that Court entered
into no conflict with the Court of Ap
peals of Virginia. It issut>d a process
directed to the Marshal of Virginia, to
pul the party in possession of the
property adjudged lo he his right, hy
the Supreme Court; the Marshal o-
beyed, and there the matter end
ed.
If the Georgia Court refuse to re
spect the mandate, that refusal does
not defeat its validity and effect—-
neither docs it call for any action on
the part of the President. In fact,
it makes no occasion for him to act.
Several modes of seeking further re
dress are open to the counsel for the
Missionaries. One of them is, that
pursued in the Virginia case. Let
(he matter rest until the next Su»
preiue Court, and.lheq apply to that
court for the propey writ aatireaaed-
to the Marshal of Georgia, commepdr