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CHEROKEE PHOENIX AND INDIANS' ADVOCATE
Wednesday, July 22, 1829
Vol. II, no. 16
Page 1, col. 4b.

 

INDIANS.

  THE CHEROKEES.

 It will be seen from a subsequent paragraph, that another slice has been cut off from the territory of the Cherokees by their neighbors the Georgians, comprising 1824 square miles, or 1,167,360 acres.  It is only a few months since the unfortunate discovery was made that the Georgians lost any right to this land: but the hint being once given, there was no difficulty in making out the proof; for according to the laws of Georgia, no Indian or descendant of an Indian can give testimony in a Court of Justice, and of course the evidence was wholly exparte.

 The new line, it is said, runs  directly through the estate of JOHN ROSS, the Principal Chief of the Nation, who at the time of the survey, was absent on some public business.  Mr. Montgomery, the U. S. Agent, entered a formal protest against the survey.  1. Because the Cherokees positively and unequivocally denied that any such boundary ever did exist between them and the Creeks.  2. Because the evidence taken by Georgia was wholly exparte.  3. Because the dividing line between the Cherokees and Creeks was definitely settled, and the line ran between them several years before the Treaty of the Indian Springs, under which the State of Georgia claims.- 4. Because it was the province of the General Government to run all boundary lines claimed under Indian Treaties, and not of individual States.  To all this Col. Wales replied, that he was acting under the authority of the State of Georgia, and was bound to fulfil his instructions.

 Whatever the Georgians may think of such conduct, we venture to say the decision of posterity will be, that it was oppressive, cruel, and unjust.  Even in the dominions of the Sultan, men are not often proceeded against, without being permitted to be heard in their own defence; but here, in this boasted land of liberty, a State has the impudence to act as advocate, judge, and jury in its own case, and declare a verdict in its own favor, without granting even an audience to the victims of its oppression.  Such proceedings, we confess, awaken our indignation, and lead us almost to wish that the Cherokees had the power to vindicate their rights and chastise their persecutors.  Had Jefferson lived to see this day, he might have said in reference to such proceedings, as he did on contemplating the horrors of slavery, "I tremble when I think God is just!"_____________Jour. of Com.