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i»g hirn to sel the Prisoner* at liberty.
If lie refuse to obey tiii* writ, llien
the next measure is to proceed Brains'
him by attachment. In case ol such
refusal, it would, perhaps, be the le
gal duty of the Prsidenl to remove
the Marshal, and appoint one that
would act; but his ommilting to do so.
cnuld hardly be held an impeachable
offence. Iflhe Marshal take upon
himself to execute the process, & the.
officer.® of Georgia resist, it then be
comes his duty to call for aid upon
the citizens of the Slate, os State
officers call for assistance when re
sisted, In the execution of legal pro
cesses. If ho cannot obtain this as
sistance, then it is his duty to repre
sent the matter to the President; and
it is thn President’s duty to call out
the. military power of the Union, to
enforce the execution of its Ians.
There is another mode of proceed
ing which may bring the contest, to
this crisis in less time. The reversal
of (he Georgia judgment totally takes
nvvav its validity. It is of no more
effect than if it had never been ren-
deml. The Missionaries are as il
legally confined, as if no accusation
had ever been prefered against them,
or sentence passed upon them. Their
Counsel may therefore apply to the
United States District Judge of Geor
gia, or totlie United States Circuit
JtuDe for-that district, for a writ of
iiuoDai uufjiua. * mo i, in - IIIU9I UC
granted, and those Judges being con
cluded and bound by the decisions of
the Supreme Court of the United S'
must, and no douot would, order the
prisoners to he discharged
to insure their discharge would be
issued to the Marshall, and then the
same predicaments occur as aj 1 ;^re
stated. But until the State officers
of Georgia refuse to respect the de
cision. until a Marshal has refused lo
act,' or until lie is resisted in acting,
and unable to command assistance to
enforce obedience, the President has
nothing to do. It becomes him to re
main silent, until called upon to
press h s opinions and intentions,
it is most likely he has pursued
course.”
ginss of Worth America. Salem, 1828 ”'
Vnd a history of "Ik* first settlers oj
\ew England', or conquest of the Pc-
quods, W'arragqnsetls and Puknnolcets,
as related by a mother to her children.
!iy a Lady of Massachusetts. Boston
Monroe & Francis, 1829.”
These two works, we understand,
are ryritten by the same lady, who
has devoted tliejintelleclual powers
of her mind to this interesting sub
ject. We can not close Ibis brief no
tice without enforcing the remarks
we have made, by a quotation froth
the work last eited.
“ Caroline. Is it not generally be
lieved, mother, that the Indians nrc
a vagrant, idle race, who have no set-j
tied abode, here to-day and there to-1
morrow, wherever they can find sub- 1
sistance? Whenever I speak of the
Indians and compassionate their con
dition, I am asked how I can feel so
much for these miserable hordes?
Mother. The Indians have been
strangely misrepresented, either
through ignorance or design, or both!
and men have given themselves little
trouble to investigate the subject,
people seldom forgive those whom
they have wronged, and the first set
tlers appear to have fostered a mor-
tnl aversion lo the Indians whom they
had barbarously destroyed. Howev-
ever strong were their convictions of
the justice of the r cause, however
plausible were their arguments in
to party, to perform mprei lie will, t In your paper;) one of the agent* of
if I mistake not, defend the Sovereign- the President iron? Tenn» ssee in com-
1y of the State as lie would the sove- j'pany with the United Statesinterpre-
reignty of the Union; and if the blow jter, Miller, and ordered to march on
be aimed equally at him and at us; it In head to tho place of embarkation,
would he ungenerous, by an improvi-1 To this, he demurred. Mr. Curry
dent act of ours, l-o make him the vie-1 drew a pistol, cocked it, and ordered
lim of our common enemy. The ju- the poor Indian to march; Skontahhee
and drove hitti at the point bf 1|i«
out of the City, and saved the |;,
of the prisoners.
A. CHEttOKEfi
risdiction claimed over one portion oi
our population may very soon be as
serted by another; and in both eases
they will hrt'sust'aineij by the fanatics
of the North. Very soon, things must
comix to their worst; and if in (he
last resort we need defenders; we
will find them evtiry w here among the
honest men of the country; w hom a
just and wise conduct will rally to our
banner—for the res\ tve care noth
ing.
Dear Sirs, very respectfully
yours, \
, G. M. TROUP.
.1 -C.
were unable to silence the voice of
conscience; and they vainly attempt
ed to escape from the remorse, which,
with all its terrors, seize on the
Process ’ ,,fiart .s of the guilty, by redoubling
1 their superstitions observance?. They
fasted and jwiijrc.'!, and the tuithoii-
*ie$ they imposed upon themselves
and oilier?, destroyed in a great de-
gico all social enjoyment: and. whilst
they were systematically planning
the destructions of the Indians, they
were sharply engaged in discussing
with each other,
ex
am!
this
Pochah.ntns. — Over ‘lie Western
dcor of the Rotunda of the Capitol at
Washington is a beautiful piece ol
sculpture, executed by Capcllano, a
pupil to the celebrated Cat ova. The
group consists of five figures, repre
senting' the precise moment w hen
Pochahontas, by her hum a no and gen
erous interposition, saved Captain
Smith from being executed in oem-
plianee with the’order of her fatiiei,
the Chief Powhatan. Capt. Smith
is attired in the military (1603,) re
clining on bis e'lxnv,'bis body extend
ed, ready lo deceive the death blow
from <he war mace of an % Indian, who
i stands near liis head. The Chief, in
consequence of the interposition ot-
his daughter, is motioning the Indian,
while Poob**-bo"*-* •• hauffing over
• v«pi. Smith to protect Iflfll’ ^ (>
j gives in his narrative the, following
: sketch of ibis incident; “having fcast-
! cd me after the best barbarous man
ner they could, a long consultation
was held; but the conclusion was, two
great stones were brought before
also had a rifle, which lie presented to
Curry, and as ihe Indian did not un
derstand English, this was a physical
answer that could not he' misunder
stood by Mr. Curry;—he turned his
horse & left the Indian in a declaration i
of independence. Time will not admit
of further particulars, but truth is my
only object. This circumstance hap
pened since the decision of the Su
preme Court against Georgia.
ELIJAH 111CKS.
* Gov. Gilmer of Georgia, chained hi,
dian prisoners and tt.issioiianes to n,
gdnsj but they weretaken in time of pu
O spirit of Washington speak lo tkis”
pie.
For the Cherokee Phoenix.
HISTORICAL.
The history of the Cherokees is pas
sing to a time, shortly remote, when
will be consigned our aged sires to the
undisturbed regions of tranquillity, to
relate no mere tbe occurrences, and
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changes of our interesting and politi-! 8TJP o # i»i* , cs *A3lutz ouiEsi
. . P°"d8 °f faith, | alto-; Powhatan; then as many as could lav
gellior unimportant or incomprcheusi-
From ihe New England Galaxy.
" Mr. Editor.—In the present time
of excitement with respect to (he
rights of the Cherokees to their na
tive soil alm.iat <*very o>»o is dooir-
ous of knowing something of their his
tory, and of obtaining information gen
erally- in relation to the more im
port aril tribes, who occupied this
country at the time of ks settlement
bj onr ancestors. It is very singular
that so important and interesting a
portion of our history should be so
much neglected by ilioso even, who
think an ignorance of anv important
’ historical fact, disgraceful. That
■such ignorance is very common in re
gard to the Aborigines of North A-
tnerica is undoubtedly true. The
.-subject is almost wholly neglected at
our schools and colleges, wc are
bronglit up in the belief that the A-
borigmes were a cruel and savage
ra'ce, whose constant exertion from
the first discovery of this country
tvas to exterminate every whits per
son who caine here to settle and im
prove it. That such impressions are
' as untrue as they are common will
appear to every candid inquirer, and
by a very little examination it will
be seen 'hat the first settlers were
received here with real kindness, and
frank hostility, by the tribes who then
occupied these shores;—that it was
only, when driven to desperation by
tho perfidy, rapacity and cold blood
ed cruelty of (lie vhites, they turned
upon them, and more in self defence,
than otherwise they gave battle for
•their home*, which had been violated,
for their brothers who had been slain.
We shall find that the most frivolous
pretexts, ihe most groundless accu-
sa(inns were made use of by the
(whites,Tor the purpose of destruction,
and |t was thought praiseworthy and
courageous to sack and burn an In
dian village for an offence committed
perhaps by an individual, the fact of
the commission of'the offence remain
ing unsubstantiated except by the in
terested testimony of some malignant
■VMte man. We do not mean now to
discuss Ibis matter, we merely al
lude to it for tbe purpose of calling
fhe attention of the public mind to H,
nhd ive refer tk<we who are anxious
to ho correctly informed upon the
<hbfe»*t lo the two following works
published a year or two since, viz.
" conversation* principally on the Abori*
hie.”
Wo have heard it repeatedly said
when commiserating the condition of
the South American Indians, that the
course of policy pursued by our an
cestors, was very different, that they
usurped theirs, while we purchased
our territory, that our lands came to
us by the voluntary deed of the In
dian. Before those assertions sue
believed, lot every one look at the
facts themselves, and further lei him
watch the course pursued even at
this present time by a sister state a-
gainsl the primitive lords of tlie soil
it occupies.
ROD.
Gov. Lumpkin has advised his
friends in Congress; in letters receiv
ed this day, that he will not discharge
the Missionaries, that he trill not aban
don the survey and disposition of the
Cherokee lands, and that he will enforce
the laws of Georgia, in relation to (he
Indians and their territory, in opposi
tion to the laws of the United, Stales, or
the mandates of the Supreme Court.
is also said, in the Governor’s letters,
that the people of Georgia and theii
constituted authorities will all sup
port him in maintaining the laws of
Georgia. By (he same mail letters
from Georgia, of a most excited kind,
in relation to the Tariff, are receiv
ed.
The writers threaten no less than
nullification and war, incase the prin
ciple of Mr. Clay’s resolution he a
dopted:
Poulsons American D. Adv.
hands on me, dragged me to them, and
(hereon laid my head; and being ready
with their clubs to beat out my
brains. Pachaliontaa, the king’s dear
est daughter, when no entreaty could
prevail got. my head into her arms and
laid her own upon mine, to save me
from death: whereat (lie emperor was
contented I "hon'd live, to make him
hatchets, and her hell?, beads & cop^
per.”—Providence Journal.,
CHEROKEE PIICENIX.
NEW ECItOTA. APRIL 14.
From the Ceorgia Journal, of March 15-
EXTRACT.
We submit Ihe following Ictlei
just received, from n man whose o-
pinion on all great occasions will al
ways bo listened to in Georgia, with
affectionate and confiding interest:
Washington, 5th March,. 1832.
Dear Sir:-—Tho people of Georgia
will receive with indignant feelings, as
they ought, the t-eceni decision of the
Supreme Court, so flagrantly violative
of their sovereign rights. 1 hope Ihe
people will treat it, however, as be
comes them; with moderation—digni
ty and firmness; and *o treating it,
Georgia will be unhurt by what will
prove it to he a brutum fulmcn. The
Judges know you will not yield obe
dience lo their mandates, and they
may desire pretexts for the enforce
ments of (hem, which I trust you will
not give. The Chief
The statement below g-lven by Air.
Hi ks we believe to be substantially cor
rect nor do we think it a solitary instance
of the kind. e are credibly informcj
of instances in other parts of the nation
where a similar course has been, and is
still pursued, to swell the list of emi
grants.
cal history. However defective a
history given by the memory of these
sages, may be received, it must he
borne in mind, that tbe recollection
of an Indian is one unbroken chain,
from the early dawn of reason to the
dissolution of nature. The national
pride of these relies ol antiquity con
sists like (hat of individuals of all
other nations, in the relations of the
acts of their great warriors; the vic
tories achieved, and their orators, ia tvw. ou»Ar<*.i
who delivered eloquent spc.*'*^ on <
memorable 6ecvisions, Among the
Cherokee warriors who nourish
ed at different periods, that of Oeun-
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Magistrate of
the United Slates will perform all his
duties; but he tvill not lend himself i keca in a communication,
HUMANE POLICY OF PRESI
DENT JACKSON.
Mr. Editor —It h well known to
the public that (he Pres’l al the ear
liest solicitation of (lie Gov. of Geor
gia, had announced in his message to
Congress, that the emigration of the
Cherokees in Georgia lo the west of
the Mississippi; had been opened lo
* 11osc w(to migiit of t]>( ir voluntary
consent chose to emigrate; and that
it was confidently expected that more
i ban one half of (he Cherokecs would
avail themselves ol the humane Pol
icy of the govt.' Pursuant tlies,e mea
sures it “is also well known that the
President appointed more agents, as
(lie Georgians say, “than you can
shako a stick at,” to traverse the
Cherokee Country in search of emi
grants. This system has bm partial-
ly sacceeded mill the classes known
by the name of half-breeds, whitemen
and negroes; the latter, will compose
nearly one half of the aggregate, to
lie colonized west of the Miss, at the
expense of the anti-tariff stales. About
u dozen of the taivnj sons of
Skiyakdskee Koowcscowee is suppos
ed to have enrolled, but induced to
do so by these man hunters, during
their intoxication. Among these
U. c hnnalian ynjpijtcera was Skon-
tahlicc of Shocmnke, on his restora-
ion to reason ho became the subject
of contrition. The Plains of the
rocky mountains were only an object
of supercilious contempt. In the
mean lime he was called on by a Mr.
Curi), (you know this gentleman
signed hiiuself a friend to the Chero-
publiibod
conspicuous, about llic ot itiv
to" 60 lie exercised not only the func
tions ol a Chief, but in the stiictcst
sense of the word was emperor of all
the Cherokees. 'Phis emperor reign
ed al bis palace, and celebrated city
ol refuge, kno vn by the name of! AC».$prft«4 y®l
Cliota on the Tcini ssee river, now
in the State of Ten. I be Ians of
his emperor prohibited the shedding
ol mans blood in liiis metropolis
on any occasion whatever. Many in-
( idtnlal man slaughterers arc known
to have sought refuge in ibis City, & ,
received the effectual protection of'
his authority. This emperor waged]
wars, and made peace at different
times,'With (he Continental British
authorities, and being desirous to see |
the King, of whose subjects he had.
had so many reptures, sailed to Eng- !
land; stepped into white Hall, and
heard the royal gratification of his.
visit expressed by John Bull, and
rode home to America a seventy five !
gun ship. Among the acts of this empe
ror which command our admiration,!
is one that occurred in taking some
ten or twelve prisoners in some of the j
battles fought against the kings A-
mcrican subjects. They were car
ried to Cliota as prisoners of war lo
the great delight of the Cherokee 1
braves the only trophy of war that j * IZ R “* ' ryz o^g^c?
could redound to tlicir honor. But on
their arrival at the beloved City, tbe
great man Ocunstotee treated these
prisoners as his loving subjects rather
than as enemies, for tli ? was holy
ground, no violence here against man
kind could be tolerated. *Tlie war
riors in (lie adjacent towns had be
come dissatisfied, at the humane
treatment of the prisoners by (heir
emperor. His benevolence was con
strued with a desire lo favor their
enemies, by which some advantages
might be obtained over them, and
finally concur the Country. A se
cret Council of war was convened at
the nearest town lo lake into consid
eration the conduct of Ocunstotee,
which resulted in a resolution to mas- 1
sncrc the prisoners. I lie number of q<vo TTcgwr^vi tspt.
warriors njarched for (his purpose I
do not recollect, hut the force was
inconsiderable. The sullen loina-,
hawk was no\v girted on, the Indians 1
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From the Connecticut Observer,
painted red; tho rifle shouldered, and j MEMOIR OF REV.DR. CORN
marched lo Cliota. Tho groat w ar
rior had now received information by | A few
LIIJS.
weeks since
we g?vc
expicss, from those who were oppos-! outvie or the character of this
cd to this intended and crimsoned tra-| ,uc ntcd sotvaut of Christ. The
gody; but one word and one minute
as it were parraded all his braves un
der ams, to protect the lives of (lie
prisoners, and prevent the \ iolation
of his holy laws in that City. The
invading foes appeared commanded
by the Bono hracker, when a charge
was made against the prisoners, but
came iu conflict with a charge that
was also made by the emperors war
riors against the Roue Cracker,
lowing extract is from the Sermon
Rev. Dr. Hawes at his funeral,
omit the particulars contained in f
former account.
His death was sadden. In I*
than a week after lie entered *
(amity, the rapid progress of his ^
ease *teiminnicd; and Ihs spirit F
its upward flight. But thoueh <
summons for departure ramo *1
him suddenly, it found him not