CHEROKEE PHOENIX AND INDIANS' ADVOCATE
Saturday, July 3, 1830
Volume 3 No. 11
Page 2 Col. 4b-5b
Page 3 Col. 1a
New Echota: July 3, 1830
In our last we published the proclamation of the Governor of Georgia, requiring the removal of all the Cherokees from their gold mines. We can now inform the reader how that proclamation was executed. Supposing the State of Georgia passes a law requiring the removal of the Cherokees from their farms? Will the United States' troops stand still? (Perhaps we may ask) will they co-operate with the State authorities in executing the law? The President has promised to defend the possessory right of the Cherokees to the lands, but how is that promise to be redeemed according to the arrangement of the troops with the state officers? Here are inconsistences through which we cannot see. The attentive reader can now see the true policy and intent of the Indian Bill which has lately passed the Congress of the United States. It is indirectly designed to co-operate with Georgia. While force is applied on the one part, money and other inducements are held out on the other, for we understand upon good authority, that the President has sent a notification to the Cherokees, to meet him at Nashville, Tennessee, next month, then and there to enter into a treaty. Query. Where are all the former treaties? We should like to know first, whether they are good for anything.
We need not enlarge on this subject. We invite the reader to peruse the following extracts of letters, and let him make what comments he pleases. One observation, however, we cannot forbear to make. The arms of the Union are to be employed in subjecting us to the jurisdiction of Georgia!! Did you know this, Christian readers, did you know that the arms of the republic of the United States were to cooperate with our oppressors? O tell it not in Gath, publish it not in the streets of Askelon!
GOLD MINES, June 24th, 1830
Sir: When I left New Echota for the purpose of working the gold mines, I expected no interruption from any source whatever. But I have been painfully disappointed, as well as the Cherokees at this place in search of Gold. A detachment of the United States troops have been stationed at this place. They a few days ago arrested nine gold diggers, citizens of Georgia, and delivered them over to the civil authority of Georgia, charged with the violation of the laws of the United States prohibiting intrusions on Indian lands. But as the principles of abstract justice have been superceded (sic) by political expediency, these men have been discharged without any punishment.
On the 22d the authorities of Georgia, consisting of a Colonel, a Captain, and a Sheriff, and about thirty or forty men, made a charge on us, and made us nearly all prisoners under the laws of the State, for taking the gold of Georgia, and marched us over gold pits, logs and brushes, in a stile called Indian file, to be committed to goals and to be dealt with according to law and Georgia justice. As we marched with a guard before and behind I indulged in contrasting past scenes with my present condition, now in the custody of the Georgians, for no other cause than working the lands of my forefathers. But as the march was now hurried on, yet slow at that, for I had hurt both of my feet, and cannot walk fast, our conquerors came in contact with the troops of the United States, by whom they were all arrested, taken prisoners, their fire arms taken from them, and they taken to the commander's quarters twenty five miles from this place where two conflicting powers settled the controversy, viz.: That the state of Georgia had the right to enforce her laws over the Cherokees. Upon this decision of the two parties at collision, the Cherokees have been notified by the Commander of the United States' troops, that he cannot afford us any more protection in consequence of the Georgia laws being forced over us. We are also notified by the officers of Georgia that they will arrest us all in the course of two or three days, for taking the gold of Georgia-but we are not yet intimidated. Being very conscious that we are not trespassors (sic) on the state rights we expect all to be taken to gaol according to notice.
From another letter dated June 27th we make the following extract.
On the 24 Inst. another military force of about one hundred Georgians made its appearance. They marched upon us when digging for gold and and (sic) peremptorily ordered us to desist. The charge of a warlike force upon us, in time of profound peace, and on a collection of defenceless (sic) Cherokees effected a shock that has completely paralized (sic) our operations. They committed some depredations that are common with lawless and unprincipled men. After parading the troops among the numerous pits dug up for gold, they commenced to destroying machines. During the exposition of their hostile disposition they fired a platoon at a milk strainer of tin on a spring house, belonging to a poor Cherokee woman. This is the manner in which the uncontrolled movements of the Georgians have cast an indelible blot on the American character.
I inclose you an order of Lieut. Frainer Commanding United States troops, which places us in the most extraordinary situation. These troops have made arrangements to assist the Georgians in forcing the laws of the state over us.
Today there will be another military movement.
To the foregoing, the following postscript was added:
An arrangement has been entered into by which there will be mutual assistance between the United States Troops and the civil authority of Georgia in all civil processes the jurisdiction of the State of Georgia having been extended over the chartered limits, and all the natives are hereby advised to return to their homes and submit to the proclamation of the State authority. E. FRAINER.
P. S. They cannot be supported any longer in any thing inconsistent with the Laws of the State
The last Nashville Banner contains editorial remarks on the Indian Bill. Although we widely differ from the editor in regard to the design and effects of the bill, yet we are pleased to notice his wonted liberality. We are also glad to find that the determination of the Cherokees to bring their case before the Supreme Court meets with his approbation. We will merely say that if the highest judicial tribunal in the land will not sustain our rights and treaties, we will give up, and quit our murmurings.