Cherokee Phoenix


Published May, 10, 1834

Page 2 Column 4b



In our columns will be found the usual forms of Injunctions to restrain persons from committing waste on premises which a person might legally be in possession of. Since the passage of the last Georgia law to deprive them of their improvements, the Cherokees have been compelled to resort to this mode under the Georgia laws, however humiliating it may be to seek redress from an authority having no constitutional right over the Cherokee country, like James Riley, taking fare of the Arabs, or otherwise starve to death, individuals have been compelled to this last and wretched alternative to retain possession of their inheritance left them by their fathers and test the question involved in the bill, before a tribunal forced upon them, speaking a language unknown to the Cherokees at large, and ordained by a power possessing a feeling to them, as the lion feels towards the lamb. Numerous writs of this description have been awarded to the Indians and after expunging the passages asserting the sovereignty of the Cherokees and others conflicting with that of Georgia; Judge Hooper has decided to sustain them until the convention of Judges in Milledgeville shall have given their construction to the late law of Georgia, which gave rise to these cases. We always had thought that Judge Hooper possessed more independence, than to have evaded settling the validity or not of the barbarous law of 1833.


We are happy to inform our readers that the operations for enrolling the Cherokees, have been suspended for the present, by the President. It is said the Agents are, according to the military term, on furlough for three months. Every year the screws are turned on the Cherokees, and as often, a treaty proposed, and oftener rejected. At this time the President has Agents from the Nation of his own choice at the White House, where the pleasing outlines of a treaty may be fixed, but will the GREAT SEAL of the United States shine upon it west of the Mississippi? We humbly hope yet that providence will impart some scheme by which to avert the removal to that country of which the Cherokees are so much opposed.


We stated sometime since the loss of the Principal Chief to his residence at Coosa. We have information that the party who had taken the place had left it on account of the dispute arising therefrom. A Mr. Hemphill became vendee of the place, and retained the ferry only, until last week, when Mr. Mulkey in Ross behalf retook this valuable ferry, but at the peril of his life. The Georgia Sheriff made an attempt afterwards as we are informed for Hemphill, to take the ferry again, and with his gun struck Mulkey across the head which has nearly terminated his life, but still retains possession for the Chief.