Cherokee Phoenix


Published March, 29, 1834

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We have often recurred to passing events, and especially that of the conduct of the enrolling agents who are infesting the homes of the Cherokees. The number of these resident, special, enrolling assessing and State agents with an interpreter, to each we are unable to give. They move like the swine that we have sometimes seen, to one camp, and finding nothing for his feed, would move to another in search of his food there and so on. Against the linguists in this case, we shall make no very serious objections, for they are bought up with the same high prices, as the President do his secretaries, by sending them on a mission to save their opposition. When night fall come, intellect is at work, and if there be any genius at the bottom not yet exhausted, it is invented for the deception of his Cherokee neighbor. Away they go by times, and hurried to the house of the forlorn Cherokee widow. The white and tawny faces, then tells her that she must enroll- the President is our friend-he will give your full value for your improvement-if you refuse, you have no option-the Georgians will take your property. This is dreadful news to the woman, but does not enroll. Away they go! they come next to the poor man's house, and tells him your houses are worth a heap of money, if you do not enroll you loose your rights. He is then threatened with the dreadful Georgians, but this is likewise a failure.- Here they go again, and at last comes to a Spaniard, who wishing to go to Texas, readily signs papers that are only binding on the Indians, and then it is said that the Cherokees are enrolled. This is the manner in which these agents are proceeding to the great annoyance of the Indians who are trying to plant corn for the subsistence of their families. It is our desire that these pests be withdrawn for the present, to give the oppressed Cherokees, a few days rest for the planting of their crops. These agents are without principle, and are as much opposed to justice, as the good and the evil principles are opposed to each other. This is tyranny exercised to the utmost limits.



The resolutions of the distinguished Counsellors of the Supreme Court of the United States, to offer their tribute of respect to the character of the deceased, will be found in our columns. These proceedings would have appeared in our last, but from the crowd of other matter, was accidentally left out.

MR. WIRT was counsel for the Cherokees to the Supreme Court, in the great case of the Cherokee Nation against the State of Georgia, for an injunction to restrain that State from exercising jurisdiction over the Nation. Altho' this profound counsel did not obtain this case by which to relieve the Cherokees; it resulted in the development of the relations between the General Government and the Indian tribes, and to the not little division of the Court in refusing its injunction.

The second case was that of the Missionaries against Georgia. The former being residents of the Cherokee country, the Cherokee rights in course were involved in the discussion, and the able opinion of the Court which declared the laws of Georgia, unconstitutional and void.

Mr. WIRT was not only the legal and able counsel of the Cherokees, but he was likewise their most sincere and faithful friend. To the irreparable loss of this great and good man, we have to express our deep sensibility, and to cherish the highest respect for the character of the deceased, we present our paper in the usual badge of mourning. (Note: all of the columns beginning on page two are lined in black border)



At a meeting of the gentlemen of the Bar of the Supreme Court of the United States, and of the Officers of the Court, at the Court Room in the Capitol, on Tuesday the 18th inst., the Hon. B. F. Butler, Attorney General of the United States, was called to the Chair, and the Hon. Jno. Sergeant was appointed Secretary: whereupon

Mr. Webster rose and addressed the Chair as follows:

It is announced to us that one of the oldest, one of the ablest, one of the most distinguished members of this Bar, has departed this mortal life. WILLIAM WIRT IS NO MORE? (sic) He has this day closed a professional career, among the longest and the most brilliant, which the distinguished members of the profession in the United States have at any time accomplished.

Unsullied in everything which regards professional honor and integrity, patient of labor, and rich in those stores of learning, which are the reward of patient labor and patient labor only; and if equalled, yet certainly allowed not to be excelled, in fervent, animated, and persuasive eloquence, he has left an example, which those who seek to raise themselves to great heights of professional eminence, will hereafter emulously study. Fortunate indeed will be the few who shall imitate it successfully!

As a public man, it is not our peculiar duty to speak of Mr. WIRT here.- His character, in that respect belongs to his country, and to the history of his country. And, sir, if we were to speak of him in his private life, and in his social relations, all we could possibly say of his urbanity, his kindness, the faithfulness of his friendships, and the warmth of his affections, would hardly seem sufficiently strong and glowing to do him justice, in the feeling and judgment of those, who separated, now forever from his embraces, can only enshrine his memory in their bleeding hearts.

Nor may we, sir, more than allude to that other relation, which belonged to him, and belongs to us all, that high and paramount relation, which connects man with his Maker! It may be permitted us, however to have the pleasure of recording his name, as one who felt a deep sense of religious duty, and who placed all his hopes of the future in the truth and in the doctrines of Christianity? (sic)

But our particular ties to him, were the ties of our profession. He was our brother, and he was our friend. With talents, powerful enough to excite the strength of the strongest, with a kindness both of heart and of manner capable of warming and gaining the coldest of his brethren, he has now completed the term of his professional life, and of his earthly existence in the enjoyment of the high respect and cordial affections of us all. Let us, then, sir, hasten to pay to his memory the well deserved tribute of our regard. Let us lose no time in testifying our sense of our loss, and in expressing our grief, that one great light of our profession is extinguished forever.

Mr. Webster concluded by submitting the following resolutions, which were read, unanimously adopted, viz;

Resolved, That the Members of this Bar feel, with sensibility, the loss which the profession, and the country, have sustained in the death of WILLIAM WIRT, a member of this Bar, ' heretofore for many years, Attorney General of the United States.

Resolved, That we cherish the highest respect for the professional learning of the deceased, for his varied talent and ability, for the purity and uprightness of his professional life, and for the amiable and excellent qualities which belonged to him as a man.

Resolved, That to testify these sentiments we will wear the usual badge of mourning for the residue of the term.

Resolved, That a Committee be appointed to offer to his bereaved and afflicted family, the condolence and sympathy of his brethren of the Bar and to request that he may be interred in the City of Washington, and that his professional brethren be permitted to raise a suitable monument to his memory.

Resolved, That Mr. Southard be requested to pronounce a discourse, before the Bar, upon the professional character and virtues of Mr. WIRT. at sometime during the present term, as may suit its convenience.

Resolved, That the Attorney General do move the Court that these resolutions entered on minutes of their proceedings.

The following gentlemen were appointed by the Chair to compose the Committee ordered by the fourth resolution: Mr. Swann, Mr. Jones, Mr. Webster, Mr. Clay, Mr Southard, Mr. Sergeant, Mr. Peters.