To the Senate and House of Representatives of the United States of American in Congress Assembled.
The Memorial of the undersigned, inhabitants of the City of New York, respectfully represents,-
That in 1871, and shortly after the organization of the General Government, a Treaty was concluded between the United States and the Cherokee Nation, by which the United States, in the 7th article of that Treaty, agreed to 'solemnly guaranty to the Cherokee Nation, all their lands not hereby ceded to the United States.' That by the 6th article of a Treaty made between the same parties at Tellico in 1798, the United States agreed 'to continue the guaranty of the remainder of their country forever.' That these Treaties were solemnly sanctioned by the Senate of the United States, and by George Washington and John Adams and that their stipulations have not been altered by consent, nor impaired by the conduct, of the Cherokee tribes. That laws were duly passed by Congress to carry into effect those stipulations by one of which dated March 30th, 1802, and approved by Thomas Jefferson, all persons are prohibited from making any intrusions upon or surveying the Indian lands secured by treaty, under a penalty of $1000, and three months imprisonment, and the President of the United States is empowered to enforce the observance of the provisions of that act. Your Memorialists further represent, that the stipulations of those treaties have been faithfully observed, and the provisions of the act of 1802 have been strictly enforced up to the year 1829; but that since that time, persons acting by virtue of certain pretensions of the state of Georgia, (first advanced within a few years) have intruded upon the territory thus guarantee to the Cherokee Nation, dragged individuals belonging to that tribe to prison, and in various ways have violated their rights in defiance of the laws and treaties of the United States. Your Memorialists further show, that in equal disregard of the obligations of the Union and the rights of the Indians, by laws recently passed by the Legislature of that State, the Cherokee territory has been formally annexed to the adjacent counties and provision has been made to survey their lands, and divide them among the citizens of that State, by means of a land lottery.
Your Memorialists further show, that two American citizens, who have settled in the Cherokee country with the sanction of the Federal Government, and with the view of promoting its former humane policy of civilizing the aborigines have been arrested while peaceably residing within that territory, and condemned to an infamous punishment, which they are now undergoing in Georgia prison, for no other offence than a refusal to take an oath of allegiance to that State, as a separate member of the confederacy.
Your Memorialists further represent, that no steps have been taken by the Government of the United States, to prevent these manifest violations of its laws ' its treaties, or to comply with its solemn guaranty: they would therefore, as citizens of the United States, and deeply interested in the character of their common country for humanity and good faith, respectfully, but earnestly entreat your honorable bodies to adopt such measures in the case referred to as shall enforce the observance of the laws of the Union, preserve inviolate the faith of treaties solemnly executed, vindicate constitutional authority of the Federal Government, and secure our national character from lasting shame and reproach.