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satisfied. By its provisions, every subject emigrating loses caste, and suffers confiscation. The descendants of Africans are excluded from office and citizenship, and all existing laws are continued in force. Would the House have a specimen of these Cherokee laws In 1819, it was enacted that the improvements of those who removed to Arkansas, should become the property of those who first took possession of them. In the same year, it was enacted that no white man in the nation should have more than one wife, and it was recommended that Cherokees should content themselves with one. This recommendation was not followed, even by all the civilized christian Cherokees. He believed it was well ascertained that a celebrated personage there, who had received a classical education, and married a white female of respectable family—he would not give her name or her State—he desired to excite no unpleasant feelings in any gentleman there, or in any State; she was not a Georgian, however— had found it convenient to use the permission of the Che: rokee laws, as he had formerly done the money intended by the United States for the Creek Indians—liberally; and the unfortunate female who had imprudently allied herself with him, was so distressed as to have attempted suicide. What more, sir, in relation to these Cherokee laws? In 1808, regulators, or light horse, were appointed, and authorized to execute summary justice, by inflicting one hundred lashes for horse stealing, &c. and to kill any one resisting them. In 1810, the tribe passed “an act of oblivion for all lives that they may have been indebted to one another.” In the same year, it was enacted “that if a man has a horse stolen, and overtake the thief, and should his anger be so great as to cause him to kill him, let it remain on his own conscience, but no satisfaction shall be required for his life from his relatives or clan he may have belonged to.” Would gentlemen tell him by what evidence such a justification would be made out? * Mr. W. said he would ask the attention of the House ot a few more of the Cherokees laws, published by authority in the Cherokee Phoenix.
Resolved by the National Committee and Council in General Council assembled, That, from and after the passiug of this act, any citizen or citizens of this nation, who shall bind themselves, by enrolment, or otherwise, as emigrants to Arkansas, or for the purpose of removing out of the jurisdictional limits of the nation, he, she, or they, enrolling, or otherwise binding themselves, shall forfeit thereby all the rights and privileges he, she, or they may have previ ously thereto claimed or enjoyed as citizens of this nation, and shall be viewed in the same light as others not entitled to citizenship, and treated accordingly. Sec. 2. Be it further resolved, That, if any person or sons, citizens of this nation, shall sell or dispose of his, I. or their improvements to any person or persons so enrolled, or otherwise bound, as above mentioned, he, she, or they shall be viewed as having disposed of his, her, or their improvements to a citizen of the United States, and shall be ineligible to hold any office of honor, profit, or trust in this nation, and, upon conviction thereof before any of the circuit courts of the several districts, be fined in a sum not less than one thousand dollars, not exceeding two thousand dollars, and punished with one hundred lashes. Sec. 3. to prevent persons from screening themselves from these penalties, provides, that the seller, as well as purchaser, of all improvements, shall make affidavit, to be filed with the clerk of the courts, that such improvements were not purchased or sold for the purpose of being valued, or as agents for emigrants; failing to make such affidavit, incur a penalty not less than one hundred dollars, uor more than two hundred dollars. Sec. 4. If a citizen disposes of his improvements to a
person, who afterwards becomes an emigrant, and, continu ing in possession, gets the improvements valued by the United States' agents, he is subjected to the penalties of the second section—two thousand dollars, one hundr lashes. Persons enrolling as emigrants, and not leaving the nation in fifteen days afterwards, are to be treated as intruders. Sec. 5. Principal chiefs authorized to order the appro hension of intruders, and to deliver them over to the Uni ed States, or “to expel or to punish them, or not, as thos please.” LEWIS ROSS, Pres. Nat. Coun. GOING SNAKE, WM. S. COODY, Clk. Nat. Coton, JOHN RIDGE, Clk. Nat. Coton. October 31, 1829–Approved: John Ross.
Whereas a law has been in existence for many years but not committed to writing, that if any citizen or citizens of this nation shall treat and dispose of any lands belong ing to this nation, without special permission from the or tional authorities, he or they shall suffer death: Therefore Resolved by the Committee and Council in General Coo cil convened, That any person or persons, who shall, or trary to the will and consent of the Legislative Council of this nation in General Council convened, enter into a treat with any commissioner of the United States, or any officer instructed for the purpose, and agree to sell, or disposed any part or portion of the national lands defined in the constitution of this nation, he or they so offending, upon conviction before any of the circuit judges or the supreme court, shall suffer death; and any of the circuit judges aforesaid are authorized to call a court for the trial of any such person or persons so transgressing. Be it further resolved, That any person or persons who shall violate the provisions of this act, and shall refuse, by resistance, to appear at the place desiguated for trial, or abscond, are hereby declared to be outlaws, and any per son or persons, citizens of this nation, may kill him or ; them, so offending, in any manner most convenient, within the limits of this nation, and shall not be accountable to the laws for the same. Be it further resolved, Citizens entering into a treaty for any other object than a cession of land, to receive one hundred lashes on the bare back. No treaty to be binding unless ratified by the council, and approved by the prider pal chief of the nation. October 27, 1829–Approved: John Ross.
It was to meet the state of things produced Cherokee laws, that the act of Georgia was the great subject of complaint is, that Georgia will not allow those who choose to emigrate to be whipped to the Cherokee men to have as many wives as they please. nor permit them “to kill in any manner most eonvenient" . whoever should attempt to sell any of the lands of the tribe. And for this excellent reason, gentlemen reproach the President with not ordering out the force of the Union to prevent the execution of the laws of Georgia. that is the scope and spirit of these laws Simply to restore the full blooded Cherokees, the great bulk of the nation, to their free will, and leave them to decide ir themselves whether they will emigrate or not, unawed by the power, and exempted from the cruelty of those wie have in fact enslaved them. The laws of Georgia neither contemplate driving the Cherokees from their lands, or any other act of injustice or oppression against them. Sir, what do the very resolutions of the Legislature of the State of Georgia, so much complained of by the booor able gentleman from New York [Mr. SroBas] and the honorable gentlemen from Connecticut, [Mr. Huntners and Mr. Ellsworth] declare Resolved, That if such treaty be held, the President be respectfully requested to instruct the commissioners to lay
by these 3. and
a copy of this report before the Indians in convention,
with such comments as may be considered just and proper upon the nature and extent of the Georgia title to the lands in controversy, and the probable consequences which will result from a continued refusal, upon the part of the Indians, to part with those lands; and that the commissioners be also instructed to grant, if they find it absolutely necessatry, reserves of land in favor of individual Indians, or inhabitants of the nation, not to exceed one-sixth part of the territory to be acquired, the same to be subject to future purchase by the General Government, for the use of Georgia. * Now, sir, [said Mr. W.] it appears by the official documents, that there are about five thousand Cherokees in Georgia, men, women, and children, full-blooded, whites, half-breeds, and slaves; and they have in their occupancy, or rather they lay claim to, about five or six millions of acres of land. If one-sixth of the land, therefore, was reserved to Indian families, according to the proposal made by Georgia in 1827, it would give to each Indian family of five persons about one thousand acres of land, upon the incredible supposition that not one Indian should choose to emigrate; and there would yet be left to the State of Georgia four or five omillions of acres. Now, one thousand acres of land, for each Indian family of five persons, selected, of course, by the Indians themselves, is a tolerably pretty little farm. He had abstracted from the documents of the last ses. sion the quantity of lands held by Indians in several States, and the number of Indians, and the quantity of land to each. It was as follows: In Ohio, there were one thousand eight hundred and seventy-seven Indians, who held sour hundred and nine thousand five hundred and one acres of land, or two hundred and twelve and a half acres each. The United States has extinguished the Indian title to seven million nine hundred and twenty-four thousand four hundred and seventyg one acres of land in that State since 1802. * In Indiana, there were four thousand and fifty Indians, who held five million three hundred and thirty-five thousand six hundred and thirty-two acres of land, or about one thousaud three hundred acres each. The Indian title extinguished in that State since 1802 was sixteen million three hundred and thirty thousand and thirty-nine. 2 in Illinois, there were five thousand nine hundred Indians, who occupied six million four hundred and twentyfour thousand six hundred and forty acres of land, or up, wards of one thousand acres each. And the whole Indian title extinguished since 1802 amounted to twenty-nine million five hundred and seventeen thousand two hundred *aud sixty-two acres. * In Mississippi, there was estimated to be twenty-three thousand four hundred Indians, who held sixteen million eight hundred and eighty-five thousand seven hundred and * eighty acres of land, or about seven hundred and thirty acres each ; and there had been extinguished since 1802, by the United States, the Indian title to fourteen million one hundred and eighty-eight thousand four hundred and fifty-four acres. * In Louisiana, there were nine hundred and thirty-nine Indians: Indian lands, none: and the United States has extinguished their title since 1802 to two million four huudred and ninety-two thousand acres. * In Alabama, there were nineteen thousand two hundred Indians, who held about nine million five hundred and nine9 teen thousand and sixty-six acres of land; and the Indian | title to twenty-four million four hundred and eighty-two thousand one hundred and sixty nine acres had been extin} guished by the United States since 1802. The average quantity of land remaining to each Indian was four hun. g dred and ninety acres. ; In Missouri, there are five thousand six hundred and thirty-one Indians. It does not appear that they hold any o lands to which the Indian title has not been extinguished; o o
three hundred and seventy-eight thousand four hundred
acres of land; and the quantity ceded to the United States by the Indians since 1802 was seventeen millions; the quantity left to each Indian, about seven hundred and ninety acres. In Arkansas, the number of Indians was seven thousand two hundred; their lands, four million seven hundred and sixty-one thousand six hundred acres, or about six hundred and sixty acres each; and the Indian title had been extinguished since 1802 to twenty-eight million eight hundred and ninety-nine thousand five hundred and twenty acres. In Florida, there were four thousand Indians; their lands, four million thirty-two thousand six hundred and forty acres, or about one thousand acres each; and the quantity of land to which the Indian title had been extinguished since 1802, not less than fifteen or twenty millions of acres. Sir, when the colony of Connecticut was complained against, in relation to their treatment of the Indians, what was their defence I abstract it from the history of that colony, by the reverend Mr. Trumbull. The historian repels the accusation, and insists that the Indians had been treated with kindness, and between four and five thousand acres of land left them to plant on. This, by reference to the number of warriors then existing, and thence computing the numbers of the tribe, was about sixty acres to each individual. The quantity proposed to be allotted by Georgia, in the resolutions of 1827, amounts to about one hundred and eighty-five, or one hundred and ninety acres to each individual, at the lowest calculation, probably two hundred acres each, upon the supposition that not one Cherokee would, if left to his free will, emigrate. But it is in vain to say, that, under such circumstances, they would not emigrate. Some of them, doubtless, would take reserves, and stay. The greater number would gladly embrace the opportunity of going. Sir, it is vain for gentlemen to say that the Cherokees do not wish to go. There is one argument which is conclusive: when was it found necessary to punish, by cruel and sanguinary punishments, any people for leaving a country which they had no mind to leave Have the United States ever found it necessary to denounce punishment on any of their citizens who should attempt to leave their country England had, indeed, at one time, deemed it necessary to denounce penalties against her artisans who should leave the .. And why? Because they could get better wages abroad, and, therefore, they would naturally desire to go; and there was supposed to be danger to the interests of England in their transporting their skill and industry elsewhere. But, would any tell him that it was clear these artisans had no wish to go The answer is obvious. Why, then, seek to prevent them What, then, is the true alternative held out by Georgia to the Cherokees? Do you wish to go to Arkansas The United States will transport you there; furnish you with lands; subsist you for a year; pay you for your improvements; and give you a bounty beside, according to the terms of the treaty of 1828 with the Cherokees of Arkansas. Do you wish to stay ? We do not object to a reserve being assigned you of more land than you can cultivate, and more than is necessary for your comfort and subsistence by cultivation. In either event, your pretended Government shall not maltreat or punish you; but, if you stay, you must stay under the protection, and in obedience to our laws, like other citizens. This, sir, is the whole fact, and nothing more. But, sir, [said Mr. W.] let us inquire a little further into the civilized condition of these Cherokees, of which their laws afford so good a specimen.
In 1818, Governor McMinn, United States' commissioner, writing to the Cherokee chiefs, asks them: “Is not the list of murders and robberies pretty near as great within the last twelve months, as the whole period since your nation and ours entered into a treaty of peace f" Have gentlemen examined the reports of the commit. tees of the House and Senate, and the information and evi. dence collected and spread upon their tables? If they had, it was inconceivable to him how they could talk of the mass of the Cherokee tribe as civilized What do the commit. tee, at the head of which is the highly respectable gentleman from Tennessee, [Mr. Bell] who has examined this whole subject with so much patience, industry, and ability, and with so humane and amiable a temper, tell you? The committee do not mean to o: either in the statement of facts, as they are believed to exist, or in the deductions which they make from them, as to the future prospects of the Indians. The intelligent observer of their character will confirm all that is predicted of their future condition, when he learns that the maxim so well established in other places, “ that an Indian cannot work," has lost none of its universality in the practice of the In dians of the South; that there, too, the same imprudence and thirst for spirituous liquors attend them, that have been the foes of their happiness elsewhere; that the condition of the common Indian is perceptibly declining, both in the means of subsistence, and the habits necessary to procure them; and that, upon the whole, the mass of the population of the southern Indian tribes are a less respectable order of human beings now, than they were ten years ago. - “The population of the Cherokee nation, east of the Mississippi, may be estimated at about twelve thousand souls. Of these, two hundred and fifty are white men and women, who have married into Indian families. About one thousand two hundred are slaves; and the balance of the population consists of the mixed race and the pure blooded Indians; the former bearing but a small proportion to the latter caste."—p. 22. speaking of the new Cherokee Government, they say— “Humanity would be gratified to find, in the composition of this infant society, and in the operation of the Government established by it, the means of improving and elevating the aboriginal race of the Indians; §. the committee are constrained to believe, from the effects of the new institutions, and the sentiments and principles of most of those who have the direction of them, that the Cherokee Indians of pure blood, as they did not understand the de sign so they are not likely to profit by the new order of things. From the time when the maxims and passions of the white men, who settled in the Cherokee country, began to affect the conduct and principles of the leading chiefs, and more especially when the mixed race began to assert its superiority, may be dated the commencement of the deterioration of the mass of the tribe.” Again, sir: “The only tendency yet perceivable in the new institutions, has been to enable those who control them to appropriate the whole resources of the tribe to themselves. For this purpose, they have, in effect, taken the regulation of their trade into their own hands. They appear also to have established something in the nature of o: office or bank, in which are deposited the funds arising from the annuities payable by the Government of the United States, and these are lent out among themselves and their favorites.” “The committee have not been able to learn that the common Indians have shared any part of the annuities of the tribe for many years. The number of those who control the Government, are understood not to exceed twenty-five or thirty persons.” “These, together with their families, and immediate dependents and connexions, may be said to constitute the whole commonwealth, so far as any real advantages can be said to attend the new system of Government. Besides
this class, which embraces all the large fortune-holders there are about two hundred families, constituting a middle class in the tribe. This class is composed of the It. dians of mixed blood, and white men with Indian families All of them have some property, and may be said to live in some degree of comfort. The committee are not awar: that a single Indian of unmixed blood belongs to either of the two higher classes of Cherokees; but they suppose there may be a few such among them. The third class H the free population is composed of Indians, properly so denominated, who, like their brethren of the red rae everywhere else, exhibit the same characteristie trail. of unconquerable indolence, improvidence, and an inor dinate love of ardent spirits. They are the tenants of the wretched huts and villages in the recesses of the mour tains and elsewhere, remote from the highways, and the neighborhood of the wealthy and prosperous. This sp. pears to be the class indicated by a native Cherokee letter writer as “the lowest class of peasantry,” and which
he admits he does not include in his description of the
progress of civilization among the Indians. It will be al. most incredible to those who have formed their opinions e.
the condition of the Cherokees from the inflated general
accounts found in the public journals of the day, when it is stated that this class constitutes perhaps nineteen out of twenty of the whole number of souls in the Cherokee country. The lowest estimate of their number, which to committee have received from any souree entitled to confidence, embraces nine-tenths of the whole. Some
of the Indians forming this class, are less desponding in their temper, and exhibit a greater degree of energy than the
others, in obtaining the means of subsistence; but still this
class of Cherokees, as a whole, are believed to approach nearer to a state of absolute destitution than any other Indians of the South, except perhaps the #. Indians and a part of the Choctaws. The same causes which have contributed to elevate the character and increase the comforts of the mixed race, have tended to diminish the means of subsistence among the Indians of purer blood. Victims alike to the arts of the worthless white men without, and to the crafty policy of their own rulers within, they have be come a naked, miserable, and degraded race. Among the Creeks, what property they have, is more generally distro buted; and the spirit of their warriors still exerts a feeble control over the condnct of their chiefs. The Chickasaws find some resources in the large annuities; but the less provident portion of the Cherokees often find themselves re. duced to the necessity of relying upon wild fruits, birds, and fish, for the support of life. The moral condition of this class does not appear to compensate in any degree for their deficiency in the means of mere animal existence." Such is a small part of the testimony afforded by the report of the committee of the House of Representatives. What does the committee of the Senate say “A portion of the Cherokees, equal, as is believed to from one-third to one-half of the whole, has actually re. moved to, and settled in a country, well suited to their wants and wishes, west of the Mississippi. There is good reason to believe many more would have removed before this time, except for various causes, which, as yet, the United States to: not been able to overcome. The prio cipal one is, the idea of a separate and independent State of their own, where they now live. This is the work, principally, of comparatively a few, who are either white men connected with the nation. who are well educated and intelligent—who have acquired considerable property, and through the annuities paid by the United States and by other means, are yearly adding to it. This class of people, it is believed, do not altogether o one hundred in Hume ber. A very small portion of full blooded Indians can be named, who are in the like circumstances, or who have much agency in their public affairs. “Those who are in public employ have an influence, al.
st unbounded, over the nation. They fill all the offices oated by their laws, and have the entire management of * funds derived from every source. The rest of the ion may be divided into two classes. The one owning me small property, and having settlements of their own, *on which they make a sufficiency to support themselves *1 their families, and but little surplus. Those of the iner, comprehending, as is believed, the mass of the po“lation, are as poor and degraded as can well be imagined. *ey may be said to live without hope of better circumonces; they have almost no property, and seem destitute of * means or prospect of acquiring any. There is very little me in their country. They are without industry, without *ormation, unlettered, and subsisting chiefly upon what *y can beg, and upon the birds and fish they can procure. astranger, who travels along a leading road through the naon, or makes but a short stay in it, will form a very erro5us opinion of the true condition of the great mass of the opulation: he has intercourse only with those of the first * second class before mentioned, and forms his opinions all from the condition of those with whom he associates. omay then be asked, why do those people refuse to emisate The answer is, those who have i. over them, * every means in their power to prevent them. They usrepresent the country offered west of the Mississippi, is ey use persuasion while it answers the purpose, and -eats when persuasion is likely to fail. The committee a well satisfied that every humane and benevolent inidual, who is anxious for the welfare of the great body * the Cherokees, and is correctly informed of their true ondition, must feel desirous for their removal, provided ran be effected with their consent.” Mr. W. said, he was now brought, by the course of his gument, to a consideration of the compact of 1802. e State of Georgia claimed, on the establishment of the dependence of the United States, all the lands forming * States of Georgia, Alabama, and Mississippi, with the oception of the small portions of the latter States which omerly belonged to Florida and Louisiana. The claim was founded on the charter of the proprietary pvernment, and on royal commissions, after the surolder of the charter to the Crown. Claims were set up , South Carolina and the United States. The oonflicting aims of Georgia and South Carolina were adjusted by a onvention between them in 1787. The United States regnised, by the treaty with Spain, in the year 1795, a claim of Georgia, having refused, in 1778, a cession m the State, on account of the remoteness of the lands, d of the terms proposed by Georgia.
In April, 1798, Congress passed a law, in relation to the estern territory, with a reservation of the rights of -orgia to the jurisdiction and soil. In May, 1800, another it was passed, containing a similar reservation. In December, 1800, Georgia remonstrated against these ts as a violation of her rights of sovereignty and soil. le compact of 1802 put an end to these disputes. By at compact the United States obtained two States, esti. ated to contain eighty-six millions of acres. The con: deration paid was one million two hundred, and fifty ousand dollars, to be paid out of the sales of the land. he United States also bound themselves to extinguish the dian title to all lands in Georgia, as soon as it could be one peaceably and on reasonable terms, What are the advantages the United States have de; oved from this compact? . Two States have been added the Union. By a statement published by a committee of his House, in 1824, it appeared that at that time upwards f four millions and a half of dollars had been received to the treasury from the sale of these lands, exclusive of he Mississippi stock. Nearly six and a half millions were ill due. The lands ceded by the Indians, and unsold "ere twenty-seven and a half millions of acres, worth, at he minimum price, thirty-four millions of dollars, and Vol. VI.-138.
there were then remaining, as hunting grounds to the Indians, nearly twenty-three millions of acres. At the last session of Congress, a committee was raised on the subject of distributing the proceeds of the public lands, at the head of which was a distinguished member from Pennsylvania, not now a member of this House, [Mr. STEPHENsos.] What did they tell you in their report? After stating the compact of 1802, they say: “As the right of the State of Georgia to this territory was unquestionable, the United States obtained by this grant a clear title, as well of the right of soil as of jurisdiction, to about sixty millions of acres; five of which have been sold for more than twelve millions of dollars; upwards of nine have already been paid into the treasury of the United States. Upwards of fifty millions of acres yet remain to sell." Mr. W. said, he had obtained from official and authentic documents a statement of the progress made by the Governments of the United States, since 1802, in extinguishing the Cherokee title in Georgia. At the date of the compact of 1802, the Cherokees held seven million one hundred and fifty-two thousand one hundred and ten acres of land within the limits of Georgia. They have since ceded nine hundred and ninety-five thousand three hundred and ten acres; leaving in the occupancy of their five thousand souls six million one hundred and fifty-six thousand eight hundred acres. The surveys made since the cession, are said to have ascertained the fact that the lands ceded amounted to one million three hundred and forty-nine thousand nine hundred and seven acres, instead of nine hundredand ninety-five thousand three hundred. If so, it would leave five million eight hundred and two thousand two hundred and three acres. But if the cession has, when surveyed, exceeded the quantity computed on the map, the remaining country unceded would probably overrun in the like proportion. There is a slip of land claimed by the Cherokees as theirs, which the Creeks included in their last cession, of about a million or a million and a half of acres, according as the disputed line shall be settled. In twenty-eight years, then, since the compact of 1802, the United States have only extinguished the Cherokee title in Georgia to about one million of acres out of seven, and, according to their o: progress, it will require about two centuries to fulfil their part of a bargain, for which they have already got nine millions of dollars, actually paid into the treasury. Has this ill success in complying with their obligations to Georgia, resulted from an absolute refusal of the Cherokees to cede How have the United States succeeded, in the mean time, in extinguishing Cherokee title to lands in other States, when they were under no obligation to do so? I will tell you, sir, and from official documents. They extinguished since 1802, viz. by a treaty of 1805, in Alabama - 1,612,800 by that of 1806, in Tennessee and Alabama 1,209,600 by that of 1816, March 22, in South Caro
lina - - - . 261,760 • by the same treaty, in Alabama - 1,887,860 by that of 1816, October 4, in Alabama 1,395,200 by that of 1819, in North Carolina - 1,437,260 by the same treaty, in Tennessee and Alabama - - - - 738,560
Total, acres 8,542,540 In that period, then, of twenty eight years, they, the United States, have found no difficulty in extinguishing the Cherokee title everywhere else but in Georgia, and they have actually obtained for North Carolina, South Carolina, Tennessee, and Alabama, to whom they were under no obligation at all, eight times as much land from the Cherokees, as they did for Georgia, who held their bond, and had given them twelve millions of dollars. Is this the justice of the United States ? Sir, I will not
say the performance of the compact of 1802 has been evaded, shamefully evaded. I will not say that the United States have been guilty of bad faith. But I will say, and I will use no language but that of official documents and records, and of committees of this House, that, if the United States had intended to violate their engagements to Georgia, they could have pursued no policy more conducive to that end than the very policy they have been engaged in since 1802. Now, sir, it is asked, what would you have “We promised to extinguish the Indian title as soon as it could be done peaceably and on reasonable terms. All obligations cease when they become impossible. It has become imE. to remove the Indians peaceably and on reasonale terms, and the United States are discharged from their obligations.” This is, in substance, the argument of our adversaries. Georgia asserts a limitation to that doctrine. You are not discharged if the impossibility is of your own creating. If you have gone on to extinguish the Cherokee title everywhere else, you are not discharged. If you or your agents encouraged them to stay, when you ought to have induced them to go, you are not discharged. In the promise to extinguish the Cherokee title, was included, of neces#. a promise not to render that extinguishment impos8. Die. But it may be said, the Indians have ceded lands else where, because they were willing to leave other States, but not willing to leave Georgia. Perhaps their country is better there, or they are more attached to it. More at tached to the neighborhood of these wicked Georgians, who aré, as we are told, always annoying them | More attached to the rugged and broken country, where the nearly starve, than to the fertile valleys of Alabama wo they surrounded ! The thing is incredible in itself, but we have distinct evidence on the subject. The Cherokee nation or tribe was divided into upper and lower towns. Between 1804 and 1809, I think about 1807, the lower towns, finding the game exhausted, and being desirous of continuing the hunter's life, applied to President Jefferson, to be allowed to remove west of the Mississippi. The up. per towns, which were without the limits of Georgia, at the same time expressed a wish to render their settlements more compact, and gradually to become herdsmen and agriculturists. A talk with the deputies of the upper and lower towns delivered by Mr. Jefferson to them in 1809, will be fund among the documents communicated to the second session of the fourteenth Congress, from which the following is an extract : #. “My children, deputies of the Cherokees of the upper and lower towns: “I understand, by the speeches which you have delivered me, that there is a difference of disposition among the people of both parts of your nation; some of them desiring to remain on their lands, to betake themselves to agriculture and the industrious occupations of civilized life; while others, retaining their attachment to the hunter's life, and having little game on their present lands, are desirous to remove across the *Mississippi, to some of the vacant lands of the United States, where game is abundant. I am pleased to find so many disposed to ensure, by the cultivation of the earth, a plentiful subsistence to their families, and to improve their minds by education; but I do not blame those who, having been brought up from their infancy to the pursuit of game, desire still to follow it to distant countries. I know how difficult it is for men to change the habits in which they have been raised. The United States, my children, are the friends of both parties; and, as far as can reasonably be asked, they will be willing to satisfy the wishes of both. Those who remain may be assured of our patronage, our aid, and good neighbor
hood. Those who wish to remove are permitted to stor U exploring party to reconnoitre the country on the woo a of the Arkansas and White rivers; and the higher up# ti better, as they will be the longer unapproached by ours n. tlements, which will begin at the mouths of those site a The regular districts of the Government of St. Louis of to already laid off to the St. Francis river. When this go d shall have found a tract of country suiting the emigo, so and not claimed by other Indians, we will arrang. A M them and you the exchange of that for a just portin' U the country they leave, and to a part of which, propolo at ed to their numbers, they have a right. Every silk to wards their removal, and what will be neecssary for de fr will then be freely administered to them, and, when to b established in their new settlements, we shall stillos, to them as our children, give them the benefit of exclass th their peltries for what o will want at our factoria, hi always hold them firmly by the hand.” Gl. A provisional arrangement was made by Mr. Jeffes su with the towns, in virtue of which a census was to beliia w those who removed were to have lands assigned then a us Arkansas, and a quantity equivalent to that assigned to in was to be given up to Georgia. Their ratable propos th of the annuities was also to be allowed them. Theor w the measures referred to in Mr. Jefferson's message to to wi gress in 1808, as then in contemplation. This amol to ment was made the basis of the treaty of 1817, delio ho probably by the intervening embarrassments of the or so try. If this arrangement, and the treaty of 1817, hailo wi faithfully executed in their true spirit, you would not!" C. be troubled with this part of the discussion. Alou, * * thousand Cherokees did emigrate to Arkansas. The # p: not ride in coaches there, to be sure: neither did to of starve; nor have the other Indians massacred them: o Po did they attack the white settlements; nor was the to no sury ruined by the expense of their removal. These so to days of economy, too, sir. There they now are; *: w als we can learn, quite as well or better off than the to to of their countrymen in Georgia. so Well, sir, measures were taken, from time to time, so St fessedly for the purpose of assigning lands to that P* 0. the nation which emigrated, for taking a census, and is n signing its proper portion of the annuities to each, so * 'b tinguishing the Indian title within the limits of Georgio h. an extent equivalent to the cessions made in Arkansas, b Impediments arose : claims were set up by otherloo ol to the Arkansas lands; their limits and quantity woo to ascertained. The remaining Cherokees claimed to ** nation exclusively. They denied the right of the Ao to sas Cherokees to any part of the annuities of the to They claimed the lands left by the emigrating poro" i. the common property of the part remaining which to alleged to be, in truth, the nation. With the pesoso in fact usurping the name and powers of the Choo tribe, the treaty of 1819 was formed, undoing boat, " that had been done. How it was viewed by the " towns, will appear by their letters to, and conference." the present President of the United States, in 18:: * polarly their letter to General Carroll, which iss" t ows : DEAR siR: We, the undersigned, Chiefs of the Co. 1 Path towns, in the said Cherokee nation, beg your" | tion, a short time, to read a few lines addressed to." t from your red brethren, the Creek Path people ot are no stranger to the services we rendered you in tino, the Creek war, when we were under the common 4 General Jackson. At that time we had Colonel Rio Brown, our beloved chief for our leader; but be is "lt no more, and it is us that feel the effects to our *ll While he was yet alive, we had a representative in ou" tional councils; but since his death we have none, no of not be heard, and for no other reason than this: Abol summer of 1817, General Jackson being appointed to "|