CHEROKEE PHOENIX

NEW ECHOTA; APRIL 20, 1833

After an intermission of nine weeks, we are enabled to again present to our readers the Cherokee Phoenix. We have been prevented during this long time from the regular production of this paper, from the circumstances of three successive failures of the Georgia weekly mail, which brings us all our important progress and placed it out of power to furnish our office with copies of the latest news. We did not wish to have recourse to our old files for news which our readers were already conversant. The long indisposition of the editor was another principal cause in delaying the issuing of this paper, causes which we could not control, our readers we hope will pardon this seeming injustice in not furnishing our paper at the times they are entitled.

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A Called Council of the Nation will meet at Red Clay on the 12th of May. It is stated by the authorities of the Nation that the session will be a short one and will continue but a few days.

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We invite the attention of our readers to the Communication below, of the Secretary of War through Mr. Herring, to the Cherokee delegation on the subject of intruders on the lands of the Cherokee Nation. It was our intention to have withheld the publication of this interesting document, until we could obtain the communications of the delegation to which this is an answer, and publish then together; but finding it impracticable, we present the Secretary's alone. The ambiguity in which this letter comes to us, precludes any remarks from us, of the extent to which it will be executed. The reference to which the Secretary makes to his original orders, and of which the present are to be a repetition, we have been informed, (for we never saw the orders) had only a reference to the removal of intruders from the limits of North Carolina; for which purpose two companies of troops were stationed within the limits of that State, during the last year and subsequently marched to the excitement in South Carolina.

The remainder of this communication breaths a spirit of so pacific a character to the future well being of the Cherokees, that, if the Government acts up to its obvious meaning, the golden beams of the sun will have penetrated, and light will have dawned through the dark cloud which has been hanging over the Cherokees muttering their destruction, and our liberty, the rights of freemen the Indians birth right will once more be restored. It is an official notification from the Secretary to the delegation of the purity of his mind to promote the well fare of the Cherokee Nation, and that a detachment of troops would forthwith be ordered to remove intruders off of the assailed parts of the Cherokee lands and no distinction can be discovered of the parts of the land, from which intruders are to be removed, for all parts of the nation are now densely settled by intruders, excepting within the limits of North Carolina. Georgia has taken possession of the Cherokee land within its limits, which constitutes in part the Cherokee Nation as defined by Treaties, we shall await with deep anxiety to see the execution of these orders in this part of the nation.

If the President possess the power which undoubtedly he has by the laws of the U. S. to remove intruders off of Cherokee land within the limits of Ten., we should like to know why he has not the same right to remove intruders from Georgia. The Supreme Court having declared the laws of Ga. null and void over the Cherokee country, the circumstance of that State exercising arbitrary power over the Cherokees surely cannot divest the President of his right to execute the laws of the United States.

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DEPARTMENT OF WAR

Off. of Ind. Aff. March 14, 1833

Sir:- Your letter of the 8th inst. addressed to the Secretary of War on the subject of intrusion on Cherokee land by white citizens, has been referred to this office for reply.

It cannot be denied, that your complaints are well founded and that your people has sustained injuries from the rapacity and lawless conduct of our citizens. It is however in some degree an unavoidable evil incident to the present condition of your tribe, and no blame is fairly attributable to the Department on that account. It is due to the Secretary of War to say, that soon as he received notice of intruders having presented themselves on your land, he gave orders for their expulsion.--These orders will now be repeated, and a military force will forthwith be dispatched to the assailed parts of your country, for the purpose of expelling and keeping off intruders. And orders will also be given to the District Attorney of the U. States to prosecute for trespass all such as may dare to return after their expulsion. You cannot consider it a misplaced assurance, and it is made with the utmost sincerity that the Department cherishes deep solicitude for the welfare of your Nation, and will to the extent of its power, endeavor to promote it.

With high respect,

Your humble servant

Signed ELBERT HERRING

Messrs. Jno. Ross and others,

Cherokee Delegates.

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We readily admit the communication of Mr. Watie to our columns. The great quantities of spirituous liquors introduced into the Cherokee country since Georgia has possessed herself of it, is now the fountain cause of the growing intemperance of the Cherokees and the loss of lives consequent upon the use of ardent spirits. We hope, and it is our special request to our brethren to pause and reflect on the sufferings that awaits themselves and families in consequence of the use of ardent spirits ' that it is nothing more nor less than taking the dagger from the hand of the Georgian, and thrusting in into our own breasts

CHEROKEE COURT HOUSE,

March 30th 1833

To the Editor of the Cher,. Phoenix.

Sir:- An accident, having its origin in the immoderate use of ardent spirits, happened to one of our people a few days ago, at a a gold mine some fifteen miles from this place which has caused me to address you this note. Robin is the name of the unfortunate man.,- Whilst in a state of deep intoxication, the fire, by which he was lying, unguarded, was communicated by some means to his clothes and burnt him so severely that his life is despaired of--he is now at home under the care of his family, in this neighborhood.

Were it not for the subsequent sufferings of persons thus unfortunate, such accidents would hardly excite pity. For a reasonable man to drink intoxicating liquor until he becomes a senseless brute, incapable of protecting himself from harm, is truly aggravating. I hope that those fond of ardent spirits may take warning from Robin's case.

Yours Respectfully,

T. B. WAITE.

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Army Changes.- We are informed that company 'E' 2d Artillery, Capt. Merchant, will resume its old station at Oglethorpe Barracks, and that company 'B' of the same regiment, Lt. Mackenzie commanding, at present occupying this post, will as soon as relieved, proceed to Augusta, there to be joined by company 'C' also of the 2d Artillery, and thence march for Camp Armistead.-Savannah Georgian.