Cherokee Phoenix


Published February, 25, 1829

Page 1 Column 5a


From the Mobile (Alab.) Commercial Register.

We learn from Tuscusoosa(sic), that a Bill is in its passage in the Senate, to lay off the Indian territory, embraced within the geographical limits of the State, into Counties; to extend and exercise jurisdiction over it-to tax every person who resides in it, (Indians of course,) compel them to work on roads, 'c.

We are aware that our notions on this subject are somewhat old fashioned, but as an excuse for not keeping pace with our now fledged politicians, in their innovations upon usages that are associated with all that is dear to the heart of an American Patriot, we subjoin an extract from the Constitution of the State, and should be extremely gratified to learn how our 'most potent, grave and reverend' Senators are going to dispose of it.- We will promise, however, that in the year 1819 the Congress of the United States passed an act admitting the Territory of Alabama to the privileges of a State, on the condition named in the ordinance of Congress of the 12th July, 1787 for the government of the western territory of the United States, the third article of which declares-

'That the utmost good faith shall always be observed towards the Indians; their lands and property shall never be taken from them without their consent- and in their property, right, and liberty, they shall never be invaded or disturbed, unless in just and lawful, wars, authorized by Congress.'

The extract from the Constitution to which we have reference is in the following words:-

'This committee for and in behalf of the people inhabiting this State also accept the proposition offered by the Act of Congress, under which they are assembled, and this convention for and in behalf of the people inhabiting this State, do ordain agree, and declare that they forever disclaim all right or title to the waste or unappropriated lands lying within this State, and that the same shall be and remain at the sole and entire disposition of the United States; and moreover, that each and every tract of land sold by the United States, after the first of September next, shall be and remain exempt from any tax laid by order or under the authority of this State, wheather (sic) for state, county, township, parish, or any other purpose whatever for the term of five years, from and after the respective days of the sale thereof; and that no tax shall be imposed on lands the property of the United States.'