Cherokee phoenix, and Indians' advocate. (New Echota [Ga.]) 1829-1834, November 24, 1832, Image 2

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— ' tieiiiiT* ben mttlcivbich Lave secured^ should therefore cherish an increased ! to the Cherokee* the right* affimed toj z-al, atfd an abiding hope for the per nates ideas of hi'" self,” s-U’* Mr. j them by the Supreme Court. ''Locke, “yet Kevin* furnished us with , H(|| ElCftHpnc y t h«, n R < ,that the ene th«* faculties our minds are endowed • m ^ n #fthe p, e81 d 0 »t and of Georgia suc- witb, he hath not left himsotf without j cwrfp j in preventing a treaty being made e witness; since wo have sense, per- ^ wi|fc Cherokees, and tK« arrogant re ception, nod rcasuu, and cat not want p i vof , he Cherokees to Ifce propositions.— B elehr proof of him, as ” W * i We feel no hesitation to say t* this state- carry ourselves shonl us. 1 o show-, . ^ ^ pnemirg of lhe President therefore, , that we are c »P" b ® n<1 of Georgia, have had no jnfldei.ee Vnewtng that is, being j wi(h thc chrro kees,in iheir rejections ofa thire is a Go , an » , treaty, this grave snbject have been from by thiBcaviainty, I thtnk imc 'mmeLi.. exclusively under the ewe existence. I think it is beyond j the people. question, that man has a clear percop-; Agaiu . His Excellency states that the lion ! *f bif own hem?; h* know? « er- o( - t | ie Cherokees to the propositions tai'dy that h« exist#,&* hat he i* some , ‘evinces a mast arrogant and uneompro- tliiog In Ihi- «<;xt p . ce^ m ’ | mising spirits The reply which the Gov- hv an inturive certainly, that barn, ® 1 1 . . , ny an uuu . n - r08 | ; ei not has reference to, is ‘hat gnen to the nothing can *° >0‘ * I two ri«rilt Secretary of vVar at the July Council and borne that can do ffqueuo two n«rni, t • °{J If therefore, J' e know them J ah-cadv published by us. W e must here ' *■ ' ail evident take the liberty ol correcting in a few eternity words, thc view which the Governor has The t*.«uncil after re- i is some real being, it •» dew^nstrstioo, that from - , . tbniM lias been something: since w hat, taken ot our reply. Was not fruin eternity had a beginning, , jeeting (he propositions, called the nt'en- end .vhat had a beginning must be ! tion of the President to their former dccir- petuatibn ot our Irec and lisppy-insti tut ions-- foThfc Irtilhs-of history,do not authorize the belief, that we ar® to enjoy tbe inestimable blastings o( lib erty .and free’ government, founded on principles ^of. equal rights, without vigilance and constunt exertion on the part of Hid, people, who are the only legitimate source of governmental power. 1 Our conflicts with Federal usurpa tion at 1 ® not yet an end: the events ol the past hear have afforded us new cause for distrust and dissatisfaction Contrary to the enlightened opinions, and just expectations oi the people of this, and every other dilate to the Union, a majority of the Ju-igi s o! tho Supreme- Cnu.it of the Uiti.ed Slates, have not only assumed juris diction in the cases of Wotcfster and Butler, hut Invvo by ihe.ir derision, attempted to overthrow that essen tial jurisdiction of the State, in crim inal cane*, which has been Vfc8,ed by »ur Constitution in (he Sajcriov Courts of our own S’ate. In confor mity with their dec Mdi. n inundate ions on that question—great inlniKioos on | n . u issued. till * cjeil t.n mv con .’l, nor tlm waul fcl Ilia moral force, ' that, mi the 16th ult. it TrfralV* WMriftt i t« Jh In .. 4.. t, tv I l,n II h I Al* I /I V\ I| II f, t 1 l a II l I J 1 I. a * \ I I aft* Vv • . _ V ** produced by something vise Next it is evident, that vvliat has its being from soother, 'must' also hove all that which is in und Wlolig^ to its being from anmhcr too! all 'he powers it has must bu owing to, awl received , frnu>. the satoe soute.e. Tins eternal heijplaced m a situation to enjoy freed om,lk. ; j wnp ( i cr | mm .,» jurisdiction.— scov'®. then, w all beings, must lie also liberty,which Would enable ns to spenlc&gct j T|„. 9e exlraordhiary pro.-fediilg# o' the source & Oiif toal of til P nvv «'• & oa th* subject of our national interests.-—; || 1P Supremo t'oun* huv>- not been — this otora*) being must be als«t the j This .s the substance of our reply. If j submitted to me ofli tally, nor have to fu I til the ling delayed obligations o f thc United States’ government to Gcorgft, entered into by the compact of 1802. Notwiishamling the extrnordinm^r liberality of the propositions submit ted to the Cbeiokoes, and the kind spirit in which , they were presented, the enemies of the Piesideut and ol Georgia, have so far succeeded, as to prevent any satisfactory arrange men! or Trent with them; and their rep;)’ to rltos. l ; bi»ra! propositions e- vtnee a most arrogant and uncomprojn ising s)iirit. Uvery day’s experience has ‘.flerd- ed new evidence of the utter .tnprac- ttfknbilny and impolicy of attempting nnv longer to maintain our laws aud ^oveniuie.nl ov«*l tk«* '.'lieiogrie part of Georgia, withoul on iucroused ami better population. Eve.iy eflbrt has been nude by the Executive, to maintain the invinl- hiltly oi the - laws o' (be State m C'ltei"kee t'.,uolry; but these “flirts Iihh. uD» beets attended with ilie deiere,: vo*., , ss Oor laws | i,M-,-- top truly violated, and manently benefiting that bnforttfhate persons hml *propeirtyt -Tbers^W and delud iace - u<d«t the same time special and appropriate Eegialptitlf, * ' ' ' ' 11 <• nso?t eornesUy reobmmendedt whereby these ohjonts will .be secur ed te them, and their righfs b« as eO* nsctually shielded from violulJon, ns these of ih'e whit* man., it is due Iq the character of the State, (hot this* dependent people should be protect ed by laws as liberal as may be uon«£, cistent wi|h their moral and iotellec.tr, Hal. condition. To afford llieur stiejip Siretectiou, and to extend to-ibedi rui- table privileges, without endangering the rights of our own citizens, will require tbe most careful deliberation nnd prudent forecast. * * # # • # m The territory euibr.oced in-Clirro* kco county, slioul be devided into counties cf suitable size and form, to promote the convenience of that port lion ot our population who may luliab** it that section of (bo State; nnd tho organization of such couutscs should be provided for without unnecessary delay. 4r INDIAN TREATIES. Tbe last Missouri Republican stated- these lan'lK by (lie whitrv,—'o hav»- them' removed according to flieir treati<*» w ill the government.—th'' Cherokees in itures- bv the Georgia mil>tar\—but to remove thi- encroach iien*. and then, they would O’ stiing a.rereissi of lie decree tin-, dcr which those jicmons <>> I'njiris wood, thereby nlternjit <iig and irtlrmJ- log to prostr t"• the sovereignty ol this Siatr m the ex r an o' its con- mo'-t powerful. rvhi-h pervades countifcs inhabited ; concluded at Rock Island with the" by a otui * dense, enlit:bie>iod, and vir-| Winaebago ludiuus, by wbicli they tmius . popuUtto i, he usas^rnssors , cede to tbe United Stales all the have Fouietiui-s escap. d mwrited pun- J lands sunlit aud oast of tho Wisconsin, ishf(i«*nt Our 8ca;i*‘i**d population | aud ilia Fox river of Grueu Bayi' n- o: good ctiaructt*., *vlio now iuuabit j mounting to nearly 5,000,000 aeros; tits cuuntry, “»v« often louud them- far which they are to I'Ofcaive au au- s**lve« drstitatr o' security from lh« nuity of $10 0000 for twenty «a.v«n depreda'tons of dishonest men; aadjytters. A scliowl is also to Im estab- wlmn they Iruv« sought piotnctiou jisbud and muiota'acd atnoug tbuin cgRROKEK PHIENIX* K2W r.CH«T4, NOV. 24. 1F82. there is any pride or haughty disposition they been lirough before me •(! any evinced in this reply, as his Excellency j nisnner, which catted lar niv official f. -un ‘lu* lows of the laud, they have ] durieg the sciu« period, at an uxper.se ® has taken it. let the impartial reader dt^- , notion. I have however becu |"C- \ oflu.i found thoso laws evaded atad ! uut to excaed $3,000 t.DUually; and cide. j pared to meet this usurpation oi F*i.‘-j perverted, by cea’.binatiuns oi such j they sr® moreover to be supplied Frem the m^psage, it can he no longer j t . rg | p 0 j Vnl . doubted, that the occupancy of the va* ^•pjj^^'^sa^^f-iGovTrnoinLunip'kin to j cant binds oi the Cherokees, by the state tba Georgia LegWatu-e, will be found in ; oi G. orgia, will now soon he attempted columns. His Excellency congratu-! we deem t; therefore necessary to lateshis fallow citizens, afth-undiminieh-| say a won!, to the . fleets of th ■» forcible •d state o>their attachment -o the system 9 j occupation of *ur aods, in the event of of government* ftndnr which »h«v live. I the non-mterferenc o. the federal gov- there-cre encourages an increased zeal. <’«“«• Hu Exc-llency ban called thc for the ptwrvation of their jitappy ins*.i-j attention of the legislature to thii serious tntioas" He then makes known the con- j delihcratioa nfilie cou tit.on of the Cher, j sovereignly^! «>oir Stale actual tit okees: Special and aporojiriate legislation 1 uvijus! imcotislit i«fKu e nc roach- hr- decai,i necc^aan t« secure ta them ^ of j ho I’trivial Jmlicinry. 1 he their rights of iiropcity. It' each mdian j ingwiimly <ft »n iri might he chnlleng ha- five hundred bushel* of com and the i e«J to shovy a single stmlence in the Governor wa. to take by force four i.un- ! f-»*nslitulion of 'be United St itos, dred of it, would it not be a u.oekfry of’ ? ivi, 'b T P ofV « r * #,i,he, ‘ (1 rert " r ... j to t.h*i Geuerrl GoVerumeut, or any with tbe .inns’ prompt i < iior«^!t.tW6, aided by the advice and i with sggrieultural ioiprovameuts, ox-, i«tunco, in >* hni-j counsel of these, whe»n oalargad ac- j en ; Sic. of tbe yearly value of $2-. nforcement r ’ght have j uuiietoonts should have direcied thfir j 600, uutil tbe expiration of tho «aut< ever form it* enforcement p ’gm uavt'i quiretuent* should been nttcir.pted* by any Branch o» {influence in aid of the came of jus the Fednnl Government. It has a_f : tire, tin*! the supiemacy of the laws, forded inn great 6ntis action to find L.*giil nxd pottif gmg sub'ihies, iu fficU of that State with federal usurpa tions, in tho case of Worcester and But. w, as a raiwe of distrust ard d s-alisfac. lion, and his readiness to h.iv? resisted any branch ofth** federal government, in tbe enforcement of the decision of th** Su that our whole people, ns "itu the voice of ou<*. man. h sei* mautfested a cnlm.lwit firtn and detei mined reso lution to sustain ‘lie authorities find ' is this county, srctu cQuasniaUi} to have triumpb«d nv*'! equity aud a fair ud- tniiiis'.rati n ©f th® law. Not only the Supreme Cmirt ol the United StaUe. but thw Supuriur, and ov«» tbe Inferrior C©ut’U ©f our own State, have so far aided iuMvoituruniug our laws usd the poli cy of our £tal* gsvarniaent, as'to de clare them unconstitutional, nuu order the discharge ef piisouers arrested and <‘onfi.ui*'l vndet tfifir provisioue. r, . *n,„ ..r.rul nf ihr erm- justice t>» deliberate seriously t i *am-. . _ , . .. . jreme Court. Tb - _ r _ • ^ lo ipcnrp lhat wb|ch , vas ) nfl? Such I of i<s Departments, t<> nullity the laws Nave.-I be lew, luatdal all these inrg an net we have no doubt would he pro- K ? Mute, onturtciHor the gi*VerHKif*;.«.j iilart ties, strifes nod dos.rders, the.® ' ““ obc* l is ‘tuicli muse of siacerw grnlincatiuu. ina*jurW’bction of G-orgia by th* Su- prem° Court, His Excellency, like all fiis cruel and sdfisli oredecessors, takes the ground, that &e Court has attempted to pros! -a'“ 'he right of jurisdiction, with in the limits of Georgia uroper. Thens- SUO’iitinj of tb:s't?cund will not be sus- taine.: b< ,a-ts- Th-r;”.e*.t : on of iurisdic- tnve’v. d, in the case oT Worersterand Butler, ti* decided bv Up Supreme Court, bad bn'" a v«**r*l»ee t< 'he riirht oftiovgia* gxere/riee tbaf pew**r in the Cherokee nat‘ n n; which tb* cuirl decided, by an glabo-atc rtrd supported by de tailed authorities, of tbe constitution, trra ties, and lavVvpf tfieUnited States, to be long to th» Cherokees, and consequent 1 !’ ■tbe nu’Vty ef the Georgia laws over the Bfte..e- The fobacv jvhich Governor Liunpk’r* ha; .iisecvefed in the decision of tbe 0>l rt stater fhe in > .as the cause af this decision, a,, r mVrgj'.ions, i‘ seem* t« us, better CM1- ^u’ste f, to represent the sneerv passions of the human mind, and the cause of in* Rustic-, rather than of truth and calm rea son. His Excellences early communication trbieh lie says, he made to the President, •n the subject of surveying and occupying the Chei'skee lands, we do think, are pro- eeadingsat which humanity must at least thudder. Has piety ceased to mourn o- Tar this dark iniquity? Yes, Gov. Lump, kin the Christian Governor of a civilized #ate, has communicated to the President,! the necessity of taking possession of his fellow creature’s and his neighbor’s lands: H| then represents the solicitude of the President with Georgia for the amicable adjustment of their territorial embarrass* meets, and that the President had pro posed to the Cherokees, liberal terms to ip'duce thorn to remove—to fulfil the oh- Jetts of his solicitnde, and benefit 'hat de luded raee. Bv Whom have lhe Cherokees 1 been deluded? ff his Excellency .means that the General Government had deceiv ed #r cheated the Cherokees in promising them protection&the sanction of their eov- xoigntv, it isle be observed that thi; state . ql Georgia of which Mr. Lumpkini is the |\ead, has been chiefly instrumental; and it he* been at the instance of that v**ry Jtyate, that the principal part of |he trea- nounccd outrageous and atrocius. But ! oxvn population, « p ccx r. tbe hardships arising out of the laird case f "'urr, iy or.t, to t it mum are much greater; in tins place and else where, two to live families reside and cul tivates in one cnciosute, and by the laws of Georgia, it is embraced generally by by lot of one huncred and sixty aerts.— This is the ony lot granted to these fam ilies by the laws of Georgia, and their Tight of occupancy to any more are de barred forever. Where is the children of these families, &, othersnot similarly sit uated, when they arrive at maturity to seek for land* on which t" settle? Where will these families procure thnir supplies 3 ■>! 1 lliiit the Kvaat* nf the* year buv.-; piu- tlie Jpdicihiy ot the Union: 0** thv : d-ie<*«| oothiug a»or« seriously tnjuri- eoutrary, the Journals aud pruemed-! one to tho tutarests nad cfiaracter of inks of tho Couvcntions that fraoueti the Federal Constitution, ubundautiy ovtnre, that vario«iS atteiupts wor*' made ta effect that obje.c.t, ail of wlm h w«r*? roj' cti-d. Tt.is proves that Ue of wnor, wiien ili^ir vacant lands ta- j ( 0 qnrmfitlvcfl Ott tins decision of ken? Shall we go to Arkansas? It t it i tho Supreme. Court. Its l»|lncv, its inconsistency with former decisions, and its ohvioiis"tcndency to intctincd States of i this Union, never did. aud i completed without auy soi ions otma- never will permit their political rights to bo suspended upon the hreath <*f the Agent* of Trustees to wlteui they havo delegated limited powers, to perform certain acts I however •Jcem it unneceessan for me at (his is said, there, no wood is to be found.— its tendency fo consolidate the j Shall we go to Miiledgcyille? It is said ) rovs—the infli rttit ies of J there justice fc precepts have parted- The grave del-iterations of the legislature rec- otnnr'iideif by his Excellency will be pro ductive of enormousinjustico'tp the Chei- okees, and their en ifoss sufferings. To this confiscation of our property, we will not submit, we would choose to be placed in the silent regions nf death, and he gath ered to oiir'fathers, than to romain de- presseu by Georgia oppression. The Guard of Governor Lumpkin at the Sixes Gold m tf has again spilt Cherokee blood. A Ch r .kee by the name of Nic* ojack was Jiscovered'digging fin- gold, when one of thc guard fired, and severely wounded the Indian in the arm and leg.—. He has nearly recovered. From the Fediral Union. MESSAGE: ExEcuTtva Department. Ga Milleti&eville. 16fA JVbv. 1832. Fellow Citizens—When wo take a survey of-the events of the closing year, it produces mingled rmnfmus- of pleasure and pain. Our actual condition and anjoymenfs as as a peo- frora oliinata. toil mnl expiration oi iuo saute torrn. There is likdivise gro^fei! them a tract of country callud the ‘Neutral Ground*’ exieodiug 40 Julies’ along the west bank ®f fhu Aiississip-- pi, olid ruuuiug buck 70 miles; aur they are au their pari to deliver upf nine «f their wurriers who stauti char ged with having wurdered uuofletjdini while citizens. A Treaty has boeu also concluded with the SU*- oud Fox Indians; by nhieh they cede to the Unitec States^ in defray tbe expanses of tho war, aud for the security ef the fr/mior, a tract ef country ex'eudiog along the Mississippi aiioui 300 miles, and run- niug w est of that river about 53 miles, “ith tli« exception of a reservation of 20 miles square- embracing tbe prin cipal villages on the Iouay. They are to receive by way of compensa tion f»r this territory, aud auuuity, of $20,000 for thirty years; aud a hlai-k- smiih is to ho maintained among ihoai during lhe same period. Piovisiona for immediate use, aijd 6.0UU bushels of corn, tube delivered iu April next, are isc to be furnished lh»uj. BLuck Hawk, aud sundry other Chiefs, are to i»n detained us hostages, for tho good conduct of theic followers dur- deemed best calculated to cnsflrn n j n g the pleasure ot tbe Piesideut; and th** State The Survey of the county of Cberekef* ia conformity with, tied under ilie provisions of lh»* several u- Ik o'' the Legislature, has br.ee c!e:or difficult!: and in (he exarcis ef that discratiou cunlided to me by Ibw, I have not hesiUted to move forward i.> that direct line, which I die rx-ith the political riglits of (lie States, and to change oiir Federal System into one consolidated mass, has been so often exposed by thc most able Juiisti and Statesmen, that a large mfjonty of the people of tins union .iro caplirmed in thc conviction ol 'he fallibility, infirinstics miff errors of this supreme tribunal—‘This branch of the General Government must henceforth stand, where it nlways ought ’o have stood, iu public estim ation, as being liable to all tho frail ties and ivenluiessws of erring man. Shortly pftar the adjournment of tbe Le^islafure of Decainhcr last, I coinmittiicatwd directly to the Ptes- ideui of the United Stale-, the views of this Stale as innuifcsitfdliy her ie- lation, oil (ho subject of ou* unoccu pied lailtls'lyhig io Cherokee County, and at the same time frankly commu nicated to him my views, especially as to the necMisity aud importance of an immediato survey, and per haps ibtLptpP'ijaapy of these lands. Tbe Ptiirqjdcut has moaifested equal sojfijtude whh ourselves, to pie, arising good government, when compared •’ affect ao.,amicable ami satisfactory with other portions of the world, ad adjustment ©f our territorial emhar- monish us to admire and- adore the ] rassmeuts . ;Ue proposed te the Cher- Divine Author of our multiplied bless- j okec people,.term* of the melt litfet iugs.. Nothing has tratitpittbd to lea- j era I character, with a view to induce *ea our attachment, or dimm sh our I them to emigrate , to the West, and confidence in the good systems ofltheieby to enable him to effect, the government under which we live: w e ( greet object of bis solrcitudo, in per* speedy sattleiueut of the unoccupied lands in Cbarokee ceunly. Accor dingly, in uue time, the Justices of the Inferior c«urle ef the several coun ties were not ified sad required le ex ecute the duties devolving oa them, In regard to receiving and returning the names nf persons entitled to draws in the lotteries; which having been done according lo law, and the tick ets having been prepared, the Lot tery Commissioners were esuveaed and coinmcnchd the preparatory ar rangements for (ho drawing; which was commenced on the 22d October Inst, and is now in progress, uuder their superintendence. I deem it unnecessary at this time to enter upon an enlarged vindication of the policy which has been pursued by tlm authorities of Georgia on this subject Suffice it to say, that I have, daily, increased evidence (bat our policy has been founded in wis dom justice and true benevolence, and will, ere long* terminate in the pr« sal vation of a remnant of these un fortunate Indians; and oar Sts to will be relieved front tho libels aid ru- barrassniedti of a thirty-years’ con troversy. It. now becomes my duty to call the scristis and deliberate attention of th«v Legislature to the subject of the, peasant condition of the Cheroksci vrh© romsin within or State., Bv o»r existing laws, their homes and iui movements aro socurod lo them, »• long as they natty chaos# to ramuir. 'hereon; bat thoso laws are by »».• -meaes adapted to tbe security ef rbeir no warrior or brave of tba hostile hand, is to be permitted to future ter exercise any authority whatevr in th$ nation. THE IMPRISONED MISSION** RIE6. [The following spirited appeal iq the religious poblic, ia behalf of the impriosnod Missionaries, is published at the request af a friend, who is anr of the most active, intelligent iufluen. lial m embers of the Methodist Epis copal Church of this city, ft contie^ to us in a printed circular.} , The mere aonuunfaiioa ofth^fuct, that “missionaries art imprisoned,? would awaken (he attHniim of thft. whale Christian community—abd'er.- ery heart which pulsated the fodlfege of hrothorhood, eay, dqven^ofAuwae- tty. common humanity, would swell with anxious solicitude, audlbq qyo**' tian vvoulp be asked by tbouaaeda, at the same moment—“wAeraf whtroV' : _ If the answer were, iu pagee|^^ —among a people who yet idbtttdMpe* . * dark placet of cruelty—iu the distant islands efthe sea, among barha>iirtu-r what would the Clirislien do?-fo!d his arms!—seat himself by his fiie- ».de, amidst tbe comfort# of home, md leave t'ooee pioneers of the gn*pa(' *° their Gt**? Tho hare t|ue*tiojti if volting! No—But fr«m North to S> *fh. and inn East to Wz*|, •-win,'^-ft generous effort weuId ho mode, >q/i dttfurinf fleet# weuffd. bo feua^> acting in boriBoneiut caxfcert, te