CHEROKEE PHOENIX

NEW ECHOTA Sept. 8, 1832 (Note this is the date printed. It should be 15)

General Jackson's accession to the presidency produced a revolution of their relations with the Indian tribes, who were at that time considered to exist within the limits of the several states. He announced to Congress the cessation of the guardian care of the government, on the legislation of the states over these Indian tribes.- With the Cherokees the United States had entered into the most formal treaties known and authorized by the Constitution of the United States for the protection of their Nation and their landed property. The President seemed to believe that the exercise of state jurisdiction over these Indians, would abrogate the treaties, to which the states themselves were a party;and consequently the federal power could not be interposed in the proceedings of the states in this case. How this could be done and accomplished, without the grossest violation of our treaties,and the exercise of arbitrary power, our limited capacities could not comprehend. But strange as this policy of the President would appear to be, coming into conflict as it did, with the treaties declared by every President of the United States, should be obligatory, and to be the law of the land; this policy has nevertheless proved efficient to suspend the operation of our treaties, and enabled the State of Georgia to invade our territory and take forcibly possession of our gold mines. A redress

from this administration has from time to time been sought in the most becoming and respectful manner, for the restoration of the rights of which they had deprived us, but as yet the President has refused to exercise his protecting care over those rights which had been placed exclusively under the protection of the United States. The Cherokee people are a part of the great family of mankind, their rights to the great property claimed, and which is now attempted to be wrested from them by usurpation are equally as strong and as valid as if it was the property of England or of France. The Cherokee question was a plain question, prior to the existence of the present executive; the government from its commencement throughout its different administrations had firmly and honorably sustained them to the extent demanded by the Cherokees. But the President with numberless sophisms invented for the express purpose of weakening the claims of the Cherokees, have encouraged the States the exercise of their unconstitutional and extremely oppressive laws over the Cherokee; to depress them, and then enable the President to conclude a treaty and acquire their property.- This course have been regarded we believe, by the President as the only one by which the Cherokee property could be obtained. But the late trial to effect a treaty under this system with the suffering victims of his perfidy has totally failed. What is the consequence? The prospect of relief from the present administration is not to be anticipated, and the Cherokees must peaceably, and firmly however great our sufferings may continue to be, under the policy of President Jackson, look to a change of his administration, for the restoration of our rights to their original foundation. It is therefore necessary to inform our home reader of the extent the President has exercised this unbridled power, in suspending the operation of our treaties, on questions of great importance, in his own government of a local nature. On a late occasion the two houses of Congress passed a bill for rechartering the bank of the United States by large majorities; when the bill came before the President for his approval, he refused his assent to it, chiefly on the ground that Congress had not consulted him before proceeding to pass the bill, and seemed to impute a blame on that supreme department of the government for the liberty it had exercised in creating that bill. On a recurrence to the Constitution of the United States the powers of Congress in certain cases are so transcendent and absolute, that it can pass a law that will virtually bind the President, notwithstanding he may have objections. In ordinary cases the President possesses the constitutional power of approving or rejecting a bill. If the President can object to an act of Congress, because he was not consulted previously to its passage, then the principles of the federal government is subverted, and the power of the several departments of the government is assumed by the President. These are the kindred principles which have been exercised over our persons and our Nation for three years past, and when the people of the United States have to submit to the exercise of a power over them, by the President, which have not been granted to him, there can be no impropriety, however painful it may be, in anticipating the continuance of our difficulties under the present administration. Georgia and the lottery in the meantime, is in a course of preparation for the drawing of the Cherokee lands, an act if suffered to be consummated, by the enlightened state or the general government, ' the lands possessed it will be a deed that the wicked themselves will scarcely exult; all the gold that will be dug out of the Cherokee country, will be no indemnity to the loss of the American reputation, that will descend to the coming annals of this great ' once noble nation ' a mournful commentary on the justice of free governments. To avert the calamity is within the competency of the general government, and for the preservation of its sacred honor, we hope will yet be regarded.

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CONTINUATION OF OPPRESSION

When the United States troops were station ed at the Sixes Gold mines some Georgia officers from Carrol County entered the Nation for the purpose of serving writs on some Cherokees at Hightower.- Lieut. Fowler who was commandant at that place, authorized Captain Old Fields to arrest the officers and deliver them over to him. Capt. Old Fields, and with a small company of Cherokees, arrested these men and delivered them over to the United States officers, who subsequently released them. An action was instituted by one of the officers in the Georgia courts against Captain Old Fields to recover damages, for false imprisonment, and as justice belong, exclusively to Georgians, judgment was obtained, and executed recently, to the loss of all Capt. Old Fields' property. If there was ever a hard case occurred since the commencement of our oppressions, none have come to pass that would bear a comparison to the present one. The United States troops authorized this arrest, and the poor honest Indian had to suffer all.

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THE GEORGIA MILITIA.

General Coffee commander of the Georgia Guard sent a detachment of the Guard, on an expedition we understand to arrest the Principal of the Cherokee Nation at the Head of Coosa on a charge of passing some laws at the late council, appointing some sheriffs and constables in Ahmohee and Aquohee Districts. However, we are unable to state that the mansion of the Chief was not besieged, but put a few interrogatories, and responded to as often by the chief, and guard came off without a prisoner.

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The Federal Union, a Georgia paper, while enlightening his readers on the desperate efforts that are making to defeat the re-election of President Jackson, he tells them 'never give up Jackson till he descends to his grave.' If we lose Jackson, our whole domestic difficulties come down a fresh upon us ' way go our Cherokee lands, our gold mines to the Indians.'!! There is not a little disquisition at the bottom of the Union on this point; if he will suffer the highest moral principle that the human mind is susceptible-justice- to govern the question of rights, he would not say`our gold mines' but the gold mines of the Cherokee Nation.

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What has become of the boasted free men of the United States, that have shed oceans of blood for the recovery of the lost rights of man?

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To the Editor of the Cherokee Phoenix

There is one sentence in your introductory remarks of last week which may be misapprehended by some of your readers, and which requires corruption. It is this- 'To our home readers it is necessary to inform them, that the former Editor together with his assistant' 'c.

During the time I have acted as editor of the Phoenix, which has been more than four years, I have had no assistant but Mr. S. Foreman, who acted in that capacity only six months. When he resigned, which he did on account of ill health, the vacancy was not filled, because the Council had made no provision for the appointment of another person.

Very respectfully,

ELIAS BOUDINOT.

New Echota, Sept. 10th 1832

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September 7th 1832

Mr. Editor--Having read and considered a piece on the Phoenix published Aug 25th signed Rocky Mountain, in which says he feels a very great attachment to his native land and also to be governed by his own chiefs and by laws in his own language (the Cherokee) 'c. He also says 'he is one who loves the chiefs and believes that they are good men and true.' He next inquires why Mr. Ross' Message to the Council at Red Clay was not published and what was his views and hopes of readjustment of our rights 'c.

Now if it be so that Rocky Mountain is as much attached to his country, his chiefs and language (the Cherokee) and also believes in their goodness and integrity as he says he does, and also having no pretention to learning; methinks he would not have made a public inquiry in English in order to find out the views and hopes of his chiefs, me thinks he would have gone to his chiefs and lawmakers, and if they are the men he takes them to be, they would tell him their views and hopes in his own language, the Cherokee, and no doubt would give him any satisfaction on any point and he could not doubt or disbelieve. If he has or will read the principal Chief's Message to the Council at Red Clay accompanying the letter of resignation of the Editor of the Phoenix. He may then satisfy himself in respect to the views and hopes of the principal Chief and on what founded which was published in the Phoenix of the 11th Aug.

He also presumes that the principal Chief also had no comfort. We all know and feel that we are not in a comfortable situation but yet we have hope. This was the feelings of our principal Chief.

In reading in the first part of the Book of Job (which will nearly bear comparing the present trying times of us poor Cherokee, to that passage as related in said Book.* 'That there was a day when the sons of God came to present themselves before the Lord,and Satan also came among them, and the Lord said unto Satan hast thou considered my servant Job, that there is none like him in the earth, a perfect and an upright man, one that feareth God and escheweth evil? Then Satan answered the Lord, and said, doth Job fear God for nought? Hast thou not made an hedge about him, and about his house and about all that he hath on every side? Thou hast blessed the work of his hands, and his substance is increased in the land; But put forth thine hand now, and touch all that he hath, and he will curse thee to thy face, and the Lord said unto Satan, behold, all that he hath is in thy power, only upon himself put not forth thine hand. So Satan went forth from the presence of the Lord.' Now when Satan had obtained liberty from the Lord to scourge Job as he pleased, (as Georgia has liberty from the President to scourge us Cherokees) it appears he had all the property and substance belonging to Job destroyed and taken away together. And in process of time finding that would not do he again asks leave of the Lord to afflict Job's body and it was granted; and he smote him with sores and boils from the sole of his foot to his crown. ' But in all this Job sinned not nor charged God foolishly.' Now, sir, if Rocky Mountain is sincere and believes as he says in his chiefs and legislators, let us now encourage them and all our people to hold fast to their integrity and be steadfast in the faith, and let us try to comfort them and show ourselves friends to them and lovers of our country; and let them act as Job did of old forever after all his earthly substance was gone and his body full of sores and boils which is not quite the case with us yet, he still was true and firm and retained his integrity.

But let us not say unto them at this time of trouble and sorrow as Job's wife said unto him, 'Curse God and die.' Let us yet hold up our heads and with our hearts lifted up, and not say there is no hope because the people of the United States are silent about us, and because we are given over to a haughty people to rob us every day, because Gen. Jackson will not execute the laws of the United States, and because our friends also have despaired. Why does Georgia rob us every day? Because the people of the United States happened in an unlucky hour to place a man at the head of their government who has declared that he cannot, that he is not able to execute the laws of the United States; after their being placed in his hands and having also all the assistance and power that Congress and all the people of the United States can give him (who is the first President who has cried out weakness when he had all the power requisite in his hands) I cannot see why our friends should yet despair. If they have any confidence in their own and in the virtue of the people of the United States, they would not yet despair because a virtuous magnanimous and patriotic people as the people of the United States profess to be, will not have a man at their head who can as he says do nothing, when Congress have already passed laws sufficient.

'As for the broad shield of the United States being withdrawn', I cannot think so, it would only seem so from the conduct of our palsied and powerless Father the President, for all laws passed by Congress for our protection are yet unrepealed.

Rocky Mountain goes on to ask 'has the tomahawk saved us?' I answer, we have raised the tomahawk by the request of the pale faces and assisted them, and it has saved us for the time, when we had such a father who was able and willing to acknowledge and protect us for it. He asks, 'has the pipe of peace smoked in councils saved us?' I answer, I believe, it has so far and will eventually be the means of saving us, if we are wise and continue it as we have done heretofore, and can get a Father the President who is healthy, strong and willing.

He also asks,'has Civilization and Christianity saved us?' I answer they have; it is those very things which have led us along and brought us on to what we now are and call not on our dear missionaries to say that Civilization and Christianity have not or will not save us, for if their faith and hope of salvation was not in those things, they would not be where they now are in the walls of the Penitentiary and suffering for Christianity's sake, and us poor Cherokees. Have we tried them sufficiently to know if they will save us?

And lastly he says, he trusts and believes that we will take our women and children and go to the shores of the Pacific, and leap out of this accursed state of Pupillage. I cannot call it accursed, but perhaps become so, if we are doomed to have such guardians always. But it has been under the fostering care of the government of the United States that we are what we are, and would still be improving and flourishing if it were not for the present guardian,and who we have to call our Father the President. But if the people of the United States, the boasted sons of liberty, will be imposed upon so far and have their liberties wrested from them by a man of their own choice as is in the case of the missionaries now in the penitentiary, then I say that people must fall and we will be obliged also to fall with them.

LONE MOUNTAIN.

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*I will for distinction sake call our Father the President the Lord, Georgia Satan, and the Cherokees Job.

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THE LAND ' GOLD LOTTERIES

We are often asked when the Lotteries will commence. We answer, so soon as necessary preparations are completed, which are now progressing as rapidly as possible. It is expected that the drawing will commence early in October. And we assure the public that there will be no delay on the part of the public authorities at Milledgeville. A few of the surveyors have not yet completed their work. We are at a loss to account for their delay. Nothing but the absence of their returns to the proper office will delay the Commissioners of the Lottery in the progress of their arduous labors.

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THE INDIAN WAR

We have not been an attentive observer of the progress of the Indian War though we have made little remark on the subject. We cannot help being in it one of the bloody consequences to be expected from the coercive and iniquitous policy adopted by Gen. Jackson in his treatment of the Indians. They have been driven by petty persecution and crafty negotiation from the broad hunting grounds and fertile savannahs east of the Mississippi, to the barren plains destitute of game on the west of the river. Their request to hunt on their old grounds has been denied; and they have, driven by hunger, ventured to pursue game within the State of Illinois, in disregard of prohibitions. This is their offence; and by this offence they are involved in a war, which Gen. Jackson so far as we can learn, means to make a war of extermination, thus far conducted with much cruelty, but with little success.

It does indeed at most seem as if the hand of God was stretched forth to protect the Indians. As yet they have sustained but little harm; while the army prepared to destroy them, has been scattered by the pestilence. Where is the gallant hand which but now, confident in spirits, went from among us to the savage! The sword, of an unseen enemy has fallen upon them, and they have fallen in highways and in the dim forests, fleeing from the hand of the Almighty. Oh! that our country might loan justice.