Cherokee Phoenix
August 12, 1829
Vol. II, no. 19
Page 1
We call the attention of our readers to the elaborate and impartial statement
of the relations between the United States and Cherokees appearing in this evening's
paper. It is written with clearness and power, and although long, is well
entitled to a careful perusal. The American people will now perceive how
hardly the gallant tribes composing this nation, and whose friendly relations,
with the Federal Government, have always been preserved, are about to be treated
by the present Administrations; and how opposite its policy and sentiments are
to all the administrations that have preceded it.
The letter of the Indian agent, in the Post of last evening, does not
meet the question discussed in the preceding article. It merely repeats
the principles advanced in the official letter of the Secretary of War, and
does not glance at the express guarantee given by the United States to the Cherokees,
of their lands forever. If we do not mistake, this subject will make a
deep impression on the public mind in this country and in Europe.
N.Y. American
For the N.Y. American
The relations now existing between the government of the United States
and the Cherokee nation, have been rendered well worthy of examination, by the
late proceedings at Washington. The ordinary relations between our government
and the aboriginal tribes within its boundaries are here modified by treaties,
almost (?) our existence as an independent power, and whose provisions are strongly
marked with the enlightened and beneficent spirit, which we claim as peculiarly
characteristic of the national policy of the United States towards the original
inhabitants of the American continent.
The gradual recession of this extraordinary race of man from the advancing
steps of civilization and the disappearance of tribe after tribe from the continent
as it became occupied by the descendants of Europeans, leaving only their monuments
and their names to indicate that they had been -- had begun to excite a melancholy
interest in the public mind, even previous to the American Revolution.
The humane felt that this process of destruction, which in some places (as in
Cuba and Hispaniola) was caused by the Europeans, was every where a consequence
of their contiguity; and a natural anxiety was evinced to preserve from extinction
a race of men, who, to the vices of savages, united, in an eminent degree, all
the noble and exalted qualities of the savage state. Among the English
colonists this anxiety was decreased by the responsibility they assumed upon
the declaration of independence. Previous to that event, a share of the
responsibility had rested upon the British government. Upon the colonial
government, indeed, had devolved the immediate administration of Indian affairs.
In the early period of our history the occupation of their territory took place
upon their responsibility; and never, since the earth was given to man, to replenish
and cultivate, was a holier and more equitable title obtained to its soil.
In all the colonies, treaties were made with the aboriginal inhabitants,
& their (? -- entire paragraph)
wilderness, to the exclusion of the wandering savage, was in no instance solely
relied on; and never was it asserted in the history of either colonial or independent
British America, that the aboriginal had no title to the soil. This doctrine
was confined to the Ovandos and Sepulvedac of Spain; and while the horrible
cruelties, which grew out of the carrying this principle into practice in violation
of the rights of the natives driven to resistance by all the feelings of insulted
and outraged nature, have elevated these men to pre-eminence in the annals of
crime, the moderation and equity, which characterized the conduct of our ancestors,
have made us recur with pride to the names of Carver, Winthrop, Williams Baltimore,
and Penn, as men worth of being the founders of a free nation. These enlightened
patriots of humanity came to this continent to establish institutions for the
preservation of civil and religious freedom, and they knew that their work could
not be permanent if its foundations were laid in unjust and violent conquests,
and demented with the blood of the native inhabitants.
More, however, was required of them than abstaining from injustice.
As civilized men, and as Christians, they were bound to extend the benefits
of their superior knowledge to the Indians. The preservation of the savage
from extinction, and his advancement in the scale of creation, depended, in
a great degree, upon the conduct of his civilized neighbors. This duty
was rendered more imperative, by the unauthorized wrongs to which the aboriginal
were subjected by individual rapacity, provoking, as they frequently did, contests,
were, from the hard necessity of the case, the Indian, though not always the
aggressor, was invariably the sufferer. Whilst the British government
claimed the sovereignty over the country, an adequate excuse was perhaps offered
for not adopting any general plan for the improvement and civilization of the
aboriginal. Individual efforts were not wanting, and the names of Elliott
and Brainerd alone are sufficient to rescue our ancestors from the charge of
indifference on this important point.
Upon the assumption of independence, however, the whole responsibility,
(?) upon those who founded the American Government. A wide field was opened
for the exercise of all the noble (?) which distinguish those who administer
the government for the benefit of society, from those who usurp it for themselves.
By settling among the aboriginal and by elevating their country to the rank
of an independent nation, our ancestors charged themselves with all the responsibilities,
which grew out of the relations existing between educated and civilized Christians,
and the ignorant and savage heathen who surrounded them.
A principle had, indeed, been adopted by all Christendom, which vested,
so far as European consent could vest, the sovereignty of the country in the
first European nations. This gave to the United States, upon the acquisition
of their Independence, the sovereignty, within certain limits, as against any
adverse European claimant. This was but a qualified sovereignty.
It was a right of sovereignty as against foreign nations, and the government
also assumed authority to prevent the American citizens from interfering with
the territory in possession of the Indians, which, upon the extinguishment of
the aboriginal title, it claimed as public property. It did not, however,
claim the right to appropriate the soil, without the consent of the aboriginal
inhabitants. The Indians were not subjected by any right of conquest;
and the abominable doctrine of the ancient Papal Church, that the property and
persons of the heathen were the lawful prey of Christians, had been long rejected,
as one of the maxims of a barbarous age. The Indians were, therefore,
to b treated as a separate and independent people, governed by their own customs
and laws, and occupying their own territory. All interference with them,
on the part of the whites, was regulated by treaty, & whole territory was
to be acquired only by compact. Such were the principles adopted by the
government of the United States, at its formation, in regard to the aboriginal.
They had been generally conformed to by the Colonial governments; but the national
sanction then given to them, was of a more deliberate and solemn character.
At the same time, they undertook the fulfilment of the duties growing out of
the superior relations in which they stood. In the moment of impending
peril, at the commencement of their desperate struggle with the mother country,
when they knew that years of suffering and trial must be endured before the
attainment of self-government, they forgot not their obligations towards the
aboriginal; but deliberately adopted, as a part of their national policy, a
plan to improve their condition. They exhorted them to stand aloof during
the approaching conflict.
An Indian department was organized, to be administered by commissioners,
and in the same year when the declaration of Independence received the sanction
of Congress, resolutions were also adopted providing for the protection and
improvement of the Indians, and recommending measures for the propagation of
the gospel, and the cultivation of the civil arts among them. As philanthropists
and as patriot, watchful over the national character, they sought to rescue
the aboriginal from extinction, & to elevate him to the rank of civilized
man. Whilst they were laying the foundations of the American republic,
they were not regardless of the untutored savage within its limits. They
intended, if possible, to raise him to an equality with themselves, and at all
events, to show to the world, in case of his extinction, that they had no participation
in hastening that unhappy result. With this view, provisions were made
regulating the Indian trade, and a deliberate scheme of policy adopted for their
gradual improvement and civilization. Treaties were made with the principal
tribes, defining the boundaries between their territory and that belonging to
the whites; and the United States agreed to furnish at their expense the principal
tribes with domestic animals, implements of husbandry, blacksmiths, and in some
instances, "suitable persons to teach them to make fences, cultivate the earth,
and such of the domestic arts as are adapted to their situation." The
object of these treaties cannot be misunderstood. It was an offer on the
part of the national government to the aboriginal of civilization. It
was a manifestation of one of the most glorious attributes of superior intelligence,
and breathed the purest spirit of a religion, which proclaims peace (?) good
will among men.
This offer was accepted on the part of the Indians. Amidst all the
degradation which had attended their intercourse with the white, they had always
manifested an earnest wish to preserve their race from extinction, and to pertake
of the improvement of their civilized brethren.
Upon this footing matters stood at the commencement of the independent
existence of the Republic. The whites claimed sovereignty over the whole
territory, to the exclusion of foreign nations, but did not assume to exercise
any of its rights over the Indians. The tribes were treated as distinct
and independent; and the boundaries between the respective territories of two
parties, were marked out by treaty. Congress, under the old Confederation,
did not presume to extend its jurisdiction over the territory which the Indians
had reserved to themselves; and it strenuously denied that the State Governments
had any right to interfere with Indian affairs. The United States were
also seeking to civilize the Indians, and to render them a stationary people,
depending for subsistence on the cultivation of the soil. All this, however,
was attempted by the moral influence of precept & example.
It must be borne in mind, that, in establishing these relations, the white
man was the lawgiver, and the Indian acceded to them, because he was made to
believe that they would result to his benefit.
It was implied that they would ultimately eventuate in the establishment
of the aboriginal, as a civilized community, within the territory secured to
the tribes by treaty. On no other supposition can the national government
escape form the imputation of holding out deceptive expectations to the Indians.
The good faith, hitherto manifested by the federal authorities, conclusively
shows, that this was the result which was desired. The first section of
the act making an annual appropriation for the civilizations of the adjoining
tribes, affords a memorable proof of the sincerity of its intentions:
"For the purpose of providing against the further decline and final extinction
of the Indian tribes adjoining the frontier settlements, and of introducing
among them the habits and arts of civilized life, the President of the United
States is authorized, when he shall judge improvement practicable, and that
the means of instruction can be introduced with their own consent, to employ
capable persons, of good moral character, to instruct them in the mode of agriculture,
suited to their situation, and for teaching their children" &e.
The talk of Mr. Madison to the Indians, in 1812, affords another proof
of its sincerity; and, as the manifesto of the American government, we shall
submit a part of the document to the public:
"I have a further advice of my Red children. You see how the country
of the eighteen fires is filled with people. They increase like the corn
they put into the ground. They all have good houses to shelter them from
all weathers, good clothes suitable to all seasons; and as for food, of all
sorts, you see they have enough and to spare. No man, woman, or child,
of the eighteen fires, ever perished of hunger. Compare all this with
the condition of the Red people. They are scattered here and there in
handfulls. Their lodges are cold, leak, and smoky. They have hard
fare, and often not enough of it.
"Why this mighty difference? The reason, my Red children, is plain.
The white people breed cattle and sheep. They spin and weave. Their
heads and their hands make all the elements and productions of nature useful
to them.
"It is in your power to be like them. The ground that feeds one
lodge by hunting, would feed a great band by the plough & the hoe.
The Great Spirit has given you, like your white brethren, good heads to contrive,
and strong arms, and active bodies. Use them like your white brethren
of the eighteen fires, and like them, your little sparks will grow into great
fires. You will be well fed, dwell in good houses, and enjoy the happiness
for which you, like them, were created. These are the words of your father
to his red children. The Great Spirit who is the father of us all, approves
them. Let them pass through the ear in to the heart. Carry them
home to your people; and as long as you remember this visit to your father of
the eighteen fires, remember these are his last and best words to you!"
The beneficent policy which is here so simply, but beautifully recommended,
has partially succeeded with many tribes. In the Cherokee nation, however
it has produced the most triumphant results -- results which established the
practicability of civilizing the Indians. It has been the good fortune
of the Cherokees to have had born among them some great men. Of these,
Charles Hicks, lately a chief, stood pre-eminent. Under his guiding counsels,
and aided by the policy of the national government, they have outstripped the
other tribes in the march of improvement. They seek to be a people, and
to maintain, by law and good government, the security of persons and the rights
of property. That they have made great advances in civilization, is generally
understood; but, in order to present an exact picture of their condition, the
following account, extracted from a letter of David Brown, resident in the tribe,
dated September 2d, 18226, and published among the official documents of the
govern,government, is here inserted:
"Horses are plenty, and are used for servile purposes among them.
Numerous flocks of sheep, goats, and swine, cover the valleys and hills.
The natives carry on considerable trade with the adjoining States, and some
of them export cotton, in boats, to New-Orleans. Apple and peach orchards
are quite common; and gardens are cultivated and much attention paid to them.
Butter and cheese are seen on Cherokee tables. There are many public roads
in the nation, and houses of entertainment kept by the natives. Numerous
and flourishing villages are seen in every section of the country. Cotton
and woolen cloths are manufactured here. Blankets of various dimensions,
manufactured by Cherokee hands, are very common. Almost every family in
the nation grows cotton for its own consumption. Industry and commercial
enterprise are extending themselves in every part. Nearly all the merchants
in the nation are native Cherokees. Agricultural pursuits engage the chief
attention people. Different branches in mechanics are pursued. The
population is rapidly increasing. In the year 1819, the Cherokees, east
of the Mississippi, were estimated at 10,000 souls. In 1825, they amounted
to 13,563 native citizens; besides 220 white, and 1,277 slaves."
They have also established a Constitution whose provisions are better
calculated, as it is expressed in preamble, to "establish justice, ensure tranquility,
promote the common welfare, and secure to ourselves and posterity the blessings
of liberty," than many of the more elaborate contrivances of their European
brethren. The government is representative in its form, & is divided
into executive, legislative and judicial departments. The trial by jury is established;
and the particular provisions of the Constitution, while they are calculated
to accustom the Cherokees to the principles of our system of jurisprudence,
and peculiarly well adapted to the anomalous condition in which the nation is
placed. The whole is well suited to secure to the tribe the improvements
already made, and to stimulate them to further advance in civilization.
[To be concluded in our next.]