Cherokee Phoenix


Published March, 2, 1834

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We have received some four or five copies of Parley's Magazine, published by Lilly, Wait, ' Col. Boston. Each number contains 16 pages, and nearly as many beautiful wood-cut engravings, illustrative of the subjects treated. This work, in our opinion, is well adopted to give the youth a durable incentive to a cultivation of the mind. It is intended for the use of the youth, but it is also highly instructive to the adult reader. This work is published every other Saturday, for the low price of one dollar per annum, in advance. This work being a valuable acquisition for the improvement of youth, we have been induced to publish the circular of this work, in order to enable those who are desirous of imparting useful knowledge to their youth, to subscribe for it. The work can be seen in our office. The editor will act as agent for the publishers.


'The Evening and the Morning Starr,' after rising with some glory in Independence, Missouri, under the authority of the Mormonites, had not been visible here for several months past, and we presumed it had gone down the dark regions of the west, to rise no more, when we were admonished with a number by the last mail, that the Starr of the two hemispheres, had moved with the revolution, and now arises in the north, in Kerkland, Gauga county Ohio, had at this time O. Coudery, its Editor. We shall publish a chapter from the Starr at some other than in our paper.


An army of enrolling agents are strolling through the Cherokee country, and probably will be increased to the number of the Georgia Guard, and perhaps with J. A. W. Sanford, at their head, with a drum and two sticks, with which to beat it. The Council continues to be united, notwithstanding these federal pests of our society.



Since the liberation of the Missionaries by Governor Lumpkin, from the penitentiary, the Georgians have in every instance averted to prosecute in their courts against an Indian, a case that might be proper to carry up to the Supreme Court of the United States, by the Cherokee Nation. The spring term of their Superior Courts are now at hand in the Nation, in which some criminal and civil cases of considerable amount are involved. If the plaintiff's prosecutes which appears to be the only alternative or otherwise back out they will be taken up by appeal to the Supreme Court of the United States and the Georgians might expect to see their law and courts in this Nation pronounced null and void again by the most enlightened judicial tribunal on earth. We expect to lay before our readers in Georgia another able decision of Judge Marshal on the Cherokee question, which we hope will carry convictions to the Georgia officers in this nation, that they had pocketed commissions only for usurpation.


In the Message of the President of the United States to Congress in December 1831, in reference to the Cherokees of this nation, the following passage occurs 'that one half if not two thirds of that tribe, will follow the wise example of their more westerly brethren. Those who prefer remaining at their present homes will hereafter be governed by the laws of Georgia, as all her citizens are and cease to be the objects of peculiar care on the part of the General Government.' It would appear from this passage that the President intended to convey the fact to Congress that the removal of the Cherokees had approached to its consummation, and that two thirds would remove west of the Mississippi. In the report of the Secretary of War on the same subject dated November 16th, 1833, nearly two years subsequent to the Message, and submitted by the President to the present Congress, the Cherokee question as blended in a paragraph on the Chippewas, Ottawas, 'c. the Secretary states, 'it is to be regretted that the same causes which have heretofore prevented of an adjustment of the difficulties of that tribe, and their removal west, yet continue to defeat the efforts of the Government, and no change of political relations have been effected.' But few Cherokees are removed since this pompous annunciation of the President. The truth then has been told at last by the Secretary to the discredit of the Executive Message that difficulties exists and continues to exist to defeat the policy of the Government, and that the relations which the President had transferred and nullified by Georgia, we understand from the Honorable Secretary to say are also unchanged. The course of the Cherokees has been a straight forward one, while the reports of these departments have been conflicting we have had principle and truth to sustain our cause, which we have humbly conceived ere long justice should be granted to us.

Since the extension of Tennessee jurisdiction over a portion of our Nation, great improvements have been made in that quarter by the half-breeds and white men, for speculation on the Government, who have enrolled themselves for emigration. But this act of a few of our citizens gives the General Government no right to lands, as by the article of the last treaty, which we published in our number before last.


We have obtained the following form of Sheriff's titles to lands which are sold by virtue of judgments from the courts of the State, and given to purchasers of lands lying in the Cherokee country. It sets forth distinctly that the lot sold lies within the 'Cherokee Territory,' and consequently it is incumbered with the Cherokee title to this land. In the legal sense, and indeed there is no other that we can produce, that the sale of this land, and the title given is only such as may be perfected by the extinguishment of the Cherokee title to it. Because it is particularly stated to be 'Cherokee Territory.' This is the condition in which our property is held, sold, bartered, and gambled off by the State of Georgia, and it is to them but a hope, and by extreme oppression of our Nation, to extinguish by treaty, the Cherokee, in order to perfect the Georgia title.

GEORGIA: Murray County.

WHEREAS in obedience to a writ of Fire facias issued out of the Superior Court of the county of Henry at the suit of William Trout against John Ryan; I John Harris, Sheriff of the county aforesaid, did lately seize the lot of Land hereinafter described as the property of the said John Ryan and after being duly and publicly advertised agreeably to law, did on the First day of July in the year Eighteen hundred and thirty-three at the place of public sales in the said county of Murray expose the same at public outcry, when George M. Troup, being the highest bidder, the same was knocked off to him at the price or sum of Fifty dollars.

NOW THIS INDENTURE made the First day of July in the year of our Lord One thousand eight hundred and thirty-three and in the fifty seventh year of the independence of the United States of America, between the said John Harris Sheriff as aforesaid of the one part, and the said George M. Troup of the other part, WITNESSETH, that the said John Harris Sheriff as aforesaid, for and in consideration of the sum of Fifty Dollars to him in hand paid by the said George M. Troup at and before the sealing and delivery of these presents, the receipt whereof is hereby acknowledged, hath granted, and bargained and sold, and by these presents, doth grant, bargain sell so far as the office of Sheriff authorizes him, unto the said George M. Troup his heirs and assigns, all that Tract or lot of land situate lying and being in the Tenth District of the Third Section of the CHEROKEE TERRITORY, now Murray County known by being lot No. (25) (Twenty-five) containing one hundred and sixty acres together with all and singular the rights, members and appurtenances thereof unto the said Lot of land, being belonging or in any wise appertaining; and also all the estate, right tile, interest property, claim and demand of the said John Ryan in law, equity, or otherwise whatsoever, of, in or to the same: TO HAVE AND TO HOLD the said Lot of land and premises, and every part thereof unto the said George M. Troup his heirs and assigns, to the only proper use, benefit and behalf of the said George M. Troup his heirs and assigns forever, in fee simple, in as full and ample a manner as the said John Ryan or his heirs and assigns did or might had held and enjoyed the same, had it not been seized and sold under the execution aforesaid.

IN WITNESS WHEREOF, the said John Harris hath hereunto set his hand and affixed is seal the day and year first above written.

Signed, sealed and delivered in the presence of


For the Cherokee Phoenix


Mr. Editor:- In our last we noticed some of the most prominent features of the 'Indian bill.' We shall now take a view of some of the little things, contained in this singular instrument.

Some parts of the law were evidently intended to operate upon particular individuals, who stand conspicuous among our people. The section which has reference to a plurality of wives, is one of these special parts of the act, and is truly worthy of those virtuous gentlemen who gave it their sanction. This section looks like it might have been suggested by some cunning fellow, who wished to make a fortune, all at once, by taking another man's wife. Let that be as it may, it is certainly one of those small matters to which the wise men at Milledgeville condescended.

But there is yet another section, the design of which, the people aborad will hardly understand. Would they ever imagine, that the section prohibiting the Cherokees from hiring white men, 'c., was a political manoeuvre of the union gentlemen? White men living with Cherokees very seldom vote in accordance with the ardent wishes of these shrewd politicians. One clause in this section is generally known in this country by the name of 'Baker's law.' The gentleman, I am told has a mill. I wonder how the Georgians would feel, were we to refuse to grind and saw for them?

The benevolent law-makers, knowing it would be exceedingly difficult for human nature to submit to such a flagrant outrage upon the dearest rights of man, had the precaution to provide for the enforcement of their protective laws. It is now a 'high misdemeanor' in Georgia to defend oneself against the ravages of a noon-day robber! No! Georgians, we do not intend to shed your blood, if we can possibly retain the command of ourselves; but you ought not to forget your stepping place. Recollect, we are only human beings. We care not for your jails--we disregard your Penitentiary. Do not drive us into despair, or we might destroy ourselves to kill the Philistines-better stop in tome-terrible policy, to enforce laws, exceedingly oppressive, by others still more inhuman!

But who is to be the overseer of this marvelous business? A certain Mr. Springer is to spring the triggers and to give us another fire in the spring! The little gentleman has already made his appearing, and is now counseling and preparing for the battle. It seems, however that the first effort our benevolent friend makes, is to persuade us poor unfortunate creature to enroll! I wonder if he is an enrolling agent too? But perhaps this is only his private advice as a friend. He brings the claimant with him and assures us if we enroll we shall have the rent of our improvements one year, besides getting pay from the General Government.- Certainly we must have the most singular rights of any other beings in the world! Well, dear me.

Well, Mr. Editor, I will come to a close, after a few general remarks-

1. Never did I read, in all ancient and modern history, sacred or profane, of a more selfish policy, than the one Georgia has been perusing for several years past. The able decisions of Georgia's own Courts, the luminous and unanswerable decisions of the Supreme Court of the United States; the constitution, laws, and treaties of the same; her own constitution; the past judgment of Heaven, and the fear of death and hell have all failed as yet to stop the Georgians in their lustful race after more land and gold!

2. In this mad career of our government has been trampled under foot; our schools and Churches have been torn to pieces and scattered, our missionaries, and others arrested, chained, condemned, imprisoned and banished, our lands surveyed, gambled for and torn from our possession and to complete the robbery we are next to be cast out of our houses and driven into the woods and swamps to starve. But notwithstanding all this horrible outrage upon our persons and rights and property the great body of the Cherokees are still united and determined at all hazards to see the mater out! I am proud of the virtue, courage and stability of our people.

3. We need not fear. The Judge of all the earth will do right. There is too much virtue, intelligence and enterprise among the Cherokees to come to nothing.


Feb. 10th 1834