Cherokee Phoenix


Published August, 11, 1832

Page 2 Column 2b


NEW ECHOTA, Aug. 11, 1832

There was nothing of great interest transacted at the General Council which commenced its session on the 28th inst.--E. W. Chester, Esq. bearer of certain propositions from the Government, addressed to the Cherokees, inviting them to a negotiation and General arrangement of the difficulties existing between them, communicated the object of his mission.- The propositions were read and interpreted, and by a vote of the two houses it was resolved that the Principal Chief be authorized to reply to them through the Agent, Col. Montgomery.


There is a doctrine laid down in the veto message of the President, returning the bill to recharter the Bank of the United States, which bears directly upon the interests of the Cherokees--it is that the executive is not bound by the decisions of the Supreme Court. That such was the opinion of President Jackson, it was frequently intimated after the decision of the Court in the case of the Missionaries, but it has not been before publicly and officially avowed. If General Jackson acts upon this assumption of executive prerogative, the Cherokees will have nothing to hope from his interference. Indeed we need not go to his official delcaration to find out whether he will support the Court, or not. We see he does not-the systemof oppression, carried on by acts declared to be unconstitutional by the highest tribunal of the country, is permitted to proceed steadily to its final consumation, and the Chief Magistrate of the land, who is sworn to execute the law, views with complacence the mischief as it progresses.

However unpleasant the fact may be to us, yet it is a fact which our eyes see it fully demonstrated every day, that the Pres't. of the U. States does not take the first step to defend the rights of the Cherokees, under the decision of the Supreme Court. But this is not all, he now officially tells us that he is not bound by that decision, and, by inference, intends to disregard it. According to the doctrine in the veto message, he will disregard it even when he is called upon by a regular process from the Supreme Court. But supposing he obeys and executes the mandate of the Court, that will bring no relief to the Cherokees,for the action, we take it, of the tribunal which issues the mandate terminates in the persons of the individuals incarcerated in the Penitentiary.

What sort of hope have we then from a President, who feels himself under no kind of alligation to execute, but has abundance of inclination to disregard the laws and treaties, as interpreted by a proper branch of the Government? We have nothing to expect from such an executive!- and if General Jackson is disposed to do as he pleases,the remedy is not with us,but with the people o the United States. We shall see whether that remedy will be promptly applied.


Gov. Carroll of Tennessee, Gov. Stokes, of North Carolina, and Roberts Vaux of Pennsylvania, have been appointed commissioners to treat with the Indians, and for other purposes, under an act of Congress, passed July 14, 1832