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them, in the pursuits of cultivated taste, some refuge from prolonged to five years. A union of the first and last of the tedium of indolence, or the excitements of conviviality? these alternatives might be salutary, and would grant an Are history and geography as nothing amongst the quali- additional hour daily for those exercises, on which the fications of an accomplished soldier? Under such impres- bodily, nay, mental vigor of youth, so essentially desions, we have passed, with undiminished interest, from pend. Perhaps a school for preparing boys, during one the laws of matter and motion, to the mental fields of ethics, year before their admission to the rank of cadet, would * rhetoric, and language. Upon international law, as well meet every difficulty--care being taken to admit none as upon the spirit, provisions, and operation of the federal | whose extreme youth renders it improbable that they can » constitution, the cadets have exhibited a very competent readily imbibe instruction. Sixteen years seems the lowknowledge; but this branch might be pushed with advan-est age at which a boy should be admitted as cadet. tage into a much wider inquiry-the philosophy of govern- Considering the disadvantages under which the department in its elements, and political economy in its adminis- ment of chemistry labors, the examination upon that science tration. In ethics, the answers were accurate, spirited, and military pyrotechny, was creditable alike to the inand gave earnest that their duties, as men and citizens, structors and pupils. Not only the room appropriated for are well understood. We find no fault with the selection this department, but the chemical products and materials of words, the turn of expression, or the grammatical con- are insufficient; and these pursuits are of importance sufstruction, under which ideas were expressed; yet some ficient to merit increased consideration. A permanent little attention might be directed to these particulars. In professor, with adequate rank and emolument, additional the place of rhetoric, there is a chasm to be filled up, as rooms, and an increased apparatus, should be allowed: far as any useful purposes demand, with a very succinct the value of these three requisitions being in the order course. Facility and grace in English composition are in which we state them.

the results of habit; and young men ought to be exercised The application of mineralogy and geology to the "art in committing their thoughts to paper. We therefore re-militaire," may not be of indispensable importance; but commend, that subjects for short essays be given weekly if a large portion of the cadets are destined to act as civil to students of the first class.

engineers, and to assist in developing the natural resources of the country, then these sciences assume a new aspect. Some of us have seen beds of the most valuable minerals, which had lain neglected and unknown, brought to light and utility by the cursory survey of a well educated engineer.

Although the dead languages may not form an object of primary importance, nevertheless they whose previous education had proceeded upon this basis, ought not to be suffered to throw away acquirements costing so much time. Greek may be superfluous, but, following the example of English military schools, Latin, if known, ought not to be The senior class of the cadets was exercised in cannon forgotten. and mortar firing; their shot and shells were thrown with Our institutions contemplate the soldier as something surprising accuracy, and could scarcely have been excelbetter than a mere machine for fracturing human limbs. led by veteran gunners. The whole corps was carried Peace is the genius and natural state of the American Gov-through a series of artillery and infantry evolutions, and ernment; war is only an exception to the general rule: the performed all its movements with a readiness and precision cadets ought, therefore, to be trained to maintain their which evinced thorough instruction, practically as well as rank in civil as well as military life. But this cannot be theoretically. The muscular steadiness and machine like accomplished without some school library of cheap edi- uniformity of a disciplined regiment are unattainable by tions of English classical, historical, and miscellaneous youthful limbs, but in their celerity and accuracy of moveworks, which might be made to circulate. A slight ment are visible the elements of future proficiency. Almonthly examination in geography and history would though divested of much of the pomp and circumstance enable the professor to give proper direction to this branch. of war, the general effect was truly military. Having reAnother difficulty is here encountered. No professor viewed the pupils, we now turn to the preceptors; and can thoroughly discuss his subject without reference to the first consideration which presents itself is the vital authorities, and no student can successfully follow a chain importance of commanding the services of men qualified of reasoning, if all inquiry be limited within the narrow in the highest degree. In this happy country the field precincts of a text book. At every step collateral views is unbounded for the employment of talent and industry; arise, which cannot be pursued without access to a libra- and if any institution refuse an adequate remuneration, ry--an arsenal, which ought to contain every intellectual others are ready to attract able men by more liberal offers. weapon. A library there is, rich in all that regards mili- In this respect, there is ground to apprehend a deterioratary or physical science; but we seek in vain for the vo- tion subversive of the credit and value of the Academy. lumes of intellectual knowledge. The professor has done While the institution at West Point exacts duties more much, but he has done it from private funds; and we sub-extensive and more harassing than perhaps any other seminit whether public liberality should not afford a small ap-inary, we are constrained to say that the emoluments of propriation for books on moral and literary topics. To its instructors are below the general scale. Of these read the French with tolerable distinctness, and to trans-truths a practical illustration arose before us in the distinlate it with facility, are, perhaps, all that is necessary in guished professor of engineering, who, it is probable, that language; and these objects have been successfully quits the establishment for the employment of a private pursued. Accurate pronunciation and ready expression company. can only be acquired by long intercourse with natives, A short inquiry will satisfy you on these points, as well and are neither absolutely requisite nor entirely attainable for the increase, as for the equalization of salaries. Here at the Academy; but, as the language is taught by the let us add, that, after a strict inquiry into the manner in most competent instructors, such increased attention to which the authority of the superintendent is exercised pronunciation as will not materially augment the time con- over the cadets, the Board is gratified to find that authorsumed in the study, is deemed expedient. ity administered in a manner as parental and indulgent as would comport with a proper enforcement of the laws of the academy, and with the true interest of the pupil. In this point of view, as well as in all others, the United States have been peculiarly fortunate in the gentleman who presides over the institution.

Having recommended some extension of the scheme of instruction, we naturally look for the means by which it can be accomplished. The cadets are already tasked to the extreme of their powers, and it would be unreasonable to impose additional studies, unless some modification be adopted in the mathematical department, or higher If health and vigor be necessary to the prosecution of qualifications be exacted for admission, or the course be any object, it is peculiarly indispensable that the early

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All of which is respectfully submitted.

MONTFORD STOKES, North Carolina.
President of the Board.
JOHN M. WAINWRIGHT, New York.
JAMES M. MASON, Virginia.
JOHN TOWNSEND, New York.
JAMES SHANNON, Kentucky.

training of a soldier should conduce to the primary quali-'in your control, you will render one of the best services ties of endurance, strength, activity, and hardihood. While to your country which your high trust can enable you to we pay a tribute of applause to the mental discipline of perform. The extension of its benefits, either by the enthe Academy, we think that the zeal of science has over- largement of the capacity and resources of this school, looked somewhat of the attention due to that homely adage or by the establishment of a second, in a different and disthat a sound body is most frequently the domicil of a sound tant part of the Union, would be one of the most substanmind. We would therefore renew the recommendation tial public benefits which could mark your distinguished to a former Board, that provision be made for proper in- administration, or be conferred upon our country by the struction in horsemanship, and that increased attention be National Councils. directed to the exercise of the sword. These are parts of a regular training in many private academies, and seemi peculiarly indispensable in a military establishment. may be true that most boys can ride and handle a weapon with tolerable dexterity; but the fate of a battle frequently depends upon the horsemanship of an aid-de-camp; and an officer's only weapon of offence and defence is his sword; and we submit, that qualities upon which may frequently depend the success of an operation, or the life of an individual, ought not to be left to the hazard and awkwardness of self instruction. These are attainable in perfection only by the flexible muscles of youth, and might be so arranged as to form a healthy relaxation from sedentary occupations. We therefore recommend that a building be erected for horsemanship, the sword, and gymnastic exercises. Eight thousand dollars appear to us an indispensable provision for that object.

In this place we may cursorily remark, that, for a situation so highly favored by nature, and intended to become one of our monuments of national greatness, some architectural design is much wanted. When a new building is To erected, it should be upon a site and after some model which may form part of a general effect; whereas, under the present system, the eye is greeted only by the appearance of a somewhat irregular village.

W. W. SEATON, City of Washington.
WM. G. DICKENSON, Tennessee.
SPENCER PETTIS, Missouri.
FRANKLIN BACHE, Pennsylvania.
SAMUEL EDWARDS, Pennsylvania.
S. FINDLAY, Kentucky.

S. STEELE, Kentucky.

GEO. P. McCULLOCH, New Jersey,
Secretary of the Board.

MEMORIAL OF THE CHEROKEE INDIANS.
PRESENTED TO CONGRESS JANUARY 18, 1831.

the Honorable Senate and House of Representatives of the United States of America in Congress assembled. The memorial of the undersigned, delegation from the Cherokee nation east of the Mississippi, thereto especially instructed by their nation, respectfully showeth unto your honorable bodies the afflictive grievances which it has been their unhappy fate to endure for some time past.

West Point is an academy strictly national, founded for the benefit, and supported by the liberality of the people at large. We have scrutinized with jealousy, and perceived no ground for insinuating that the distribution of They would respectfully call your attention to the mecadetships is the appendage of power or the tool of political morials submitted before you during the last session of patrorage. Yet it must not be concealed that from such Congress, embracing subjects of great importance to the a prejudice, widely disseminated, has originated much of interests and welfare of their people; some of which they the dissatisfaction manifested towards the institution. An beg leave, at this time, again to repeat. evident method presents itself to obviate such objections, The State of Georgia, in its earnest desire to acquire and place the establishment upon its proper popular basis. the extent of her chartered limits, set forth a claim to a Let a youth be selected from each Congressional district, large portion of Cherokee lands, as having been pura bona fide inhabitant within that geographical circle, and chased under the treaty of the Indian Springs, made with in all cases never to be replaced but by one similarly quali- the Creek nation, and which, it is well known, was renfied. But a wide margin should be left for the sons of de- dered null and void by a subsequent treaty, entered into ceased officers and the discretion of the War Department. in 1826, in this city, with the same nation. Under the Let this be represented by two cadets from each State authority of said State, a line has been run by commis and territory. Thus the Academy will form a portrait of sioners, conprehending more than a million of acres of Congress; the distributions will be in the same ratio as land, lying north of the established boundary between the our population; every portion of our country, however Cherokee and Creek nations, and to which the latter disremote, will enjoy a fair share of its benefits, and general avowed any pretension of right, claim, or interest. The justice and satisfaction will be felt. subject was brought before the President of the United We shall not descend from general remarks to minute States, who has caused a third line to be established, nedetails; but we should do injustice to the Academic Staff, ver contended for by any of the parties, and unauthorized and to the various departments, civil and military, of this by any existing treaty with either nation, though officially noble institution, and an equal violence to our own feel- declared shall be the line between the lands ceded by the ings, were we to close without expressing, in broad and Creeks in 1826 to the United States, and the Cherounqualified terms, our sense of the fidelity, diligence, and kees. On the portion of territory we have thus been deability, with which their respective avocations are con- prived of, were the houses and homes of many Cherokees, ducted. Such preceptors and such pupils are worthy who have been compelled to leave them, with the farms "The tract of each of the other. Nor is this a scanty praise. We see be- that afforded their families subsistence.

fore us the flower of American youth, the guardians of land," says Governor Gilmer, in his late message, "from their country in war, its ornaments in peace, congregated which the Cherokees have been removed by order of the from every region of our wide-spread republic, the des- President, is supposed to contain four hundred and sixtytined warriors and statesmen of a future generation. May four thousand six hundred and forty-six acres, and now the friendships of their early life grow into ligaments binding together the giant members of our confederation, and giving perpetuity to those political institutions which form the best earthly hope of man!

In fostering this institution by all the means placed with

subject to be disposed of," &c. From the decision of the President on this subject of boundary, your memorialists, in behalf of their nation, beg leave to appeal, and to question the legal and constitutional powers of the Chief Magistrate to change or alter, in any manner, the estab

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lished line between the Cherokees and Creeks, without arrangement to affect our rights contrary to the will of the their consent. A difference of opinion had arisen in 1801, nation, and also against the introduction and continuance between the same nations, relative to a certain part of of a population in our country, so detrimental to the their boundary; and when the subject was introduced at interests and peace of our citizens, the security of their the War Department by a deputation of Cherokee chiefs, persons and property from insults and outrage; and so utand the interference of the Government solicited, the fol- terly at variance with the plighted faith of this Governlowing reply was given by direction of President Jeffer- ment, for our territorial protection and promise of good son: "It will be very difficult for the President to ascer- neighborhood. tain the lines between the several countries of the red It is further contended by the Executive, that the Unitpeople. They must settle all such controversies among ed States have acquired a title to lands within the present themselves. If you cannot agree, how shall we be able acknowledged bounds of the nation, under the seventh to decide correctly. [See minutes of conferences holden article of the treaty of 1817 with the Cherokees, which at the War Office, between the Secretary for the Depart- stipulated that the United States should lease to the Inment of War, on behalf of the United States, and a depu- dians improvements that had been abandoned by emitation from the Cherokee nation of Indians, on behalf of grants, and who had received compensation for the benthe said nation, on the 30th of June and 3d of July, 1801.] efit of "the poor and decrepit warriors" of the naDuring the administration of the same eminent lawyer and tion, and which was to be continued until such improvestatesman, the treaty of 1806 was made with the Chero- ments were "surrendered by the nation or to the nakees, by the third article of which the right of Indian na- tion." By the treaty of 1819, the leases under that tions is admitted, to settle and determine questions of of 1817 were declared void, which is of itself sufficient boundary among themselves, viz: "It is also agreed on evidence of a surrender to the nation of all such imthe part of the United States, that the Government there- provements as fell within its limits agreeably to the of will use its influence and best endeavors to prevail on boundary then established; and it is moreover declared, the Chickasaw nation of Indians to agree to the following that the treaty of 1819 is a final adjustment of the treaty of boundary between that nation and the Cherokees," &c. 1817, and the lands then ceded to the United States are in "But it is understood by the contracting parties, that the full satisfaction of all claims which the United States have United States do not engage to have the aforesaid boun- on that nation on account of a cession of lands on the Ardary established, but only to prevail on the Chickasaw kansas, for the benefit of the emigrating Cherokees; yet a nation to consent to such a boundary between the two claim has been asserted by the Executive, on the part of nations." By these references, we believe the position the United States, to a title to lands within our present of our nation to be fully and clearly sustained; and that its agreement with the Creek nation in 1821, on this subject, is binding to all intents and purposes, and that the sanction of this Government was not essential thereto, to make it so; and that they alone, by voluntary surrender of their lands, have the right to alter that boundary.

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bounds, acquired under an article in the treaty of 1817, which, by the treaty of 1819, was rendered void, and fully satisfied, which, it is said, enure to the benefit of Georgia, and is made another plea to allow intrusions. Added to all these are many other intruders, who, without any other pretext than to trespass upon our possessions and our By the treaty made with the Arkansas Cherokees in rights, contrary to existing laws, are allowed to annoy and 1828, inducements were held out to the individuals of our harass our peaceable citizens to an almost insufferable denation to remove west of the Mississippi, and join their gree. In many instances they have by violence forced the brethren, who had withdrawn from their connexion with natives out of their houses, and taken possession; while us in 1817 and 1819, and established for themselves a se- others, less daring, have erected buildings for their own parate and distinct Government, thereby absolving all the use, upon the premises of the objects of their oppression. political relationship which had previously existed as citi- The frequent complaints made through the agent, and zens of the same community. That treaty was never pre- otherwise, to the Government, failed to produce the desented to the authority of our nation for its assent, nor sired relief from circumstances so well calculated to prothe right of the Arkansas Cherokees ever admitted to in- duce excitement and disturbance between the whites and terfere with, or affect, in any manner, the rights and in- the red people. To such an alarming extent had intruterests of our people. Under its provisions, however, sion been indulged, that the authority of the nation, relyindividuals have been induced to emigrate; and, in pursuing on an article of treaty, and the former advice of the ance of the stipulation contained in one of the articles, present Chief Magistrate of the United States, when a that the Government would make to every individual so General of the southern division of the United States' emigrating "a just compensation for the property he may army removed a few families who had penetrated far into abandon," appraisers were appointed by the President, the country, and of the most exceptionable character--a who has extended the term "property abandoned" to measure demanded by the security of the persons and embrace the houses, farms, and lands upon which situated, property of the Cherokees. It was seized upon and declaimed by emigrants, and who have valued, agreeably to clared a hostile movement, and an armed band of intrudinstructions, the improvements so claimed or occupied by ers, in retaliation, wreaked their vengeance upon a few them; and it is now contended that the United States have peaceable individuals. One was cruelly murdered, anacquired a title to the lands as well as to the improve-other wounded, and a third led a prisoner into Georgia, ments valued, and permission given by the Executive to and thrown into jail, whence he was subsequently recitizens of the United States to enter the nation, and oc- leased, after much trouble, by a writ of habeas corpus. cupy them to the exclusion of the natives. The lands A report of these transactions was made to the Governare, it is well known, not held in severalty by the Chero- ment by the United States' Agent, which, however, rekees, but as a nation; and this right has been solemnly sulted only in calling forth language of exception against guarantied to them by treaty with the United States. The our chiefs; and the perpetrators of the murder are still right of individuals to cede or transfer any portion of trespassing, in open day, upon our rights and our territheir territory has never been admitted, either by them-tory, which has drank the blood of an innocent victim to selves or the Government; and in point of justice and their outrages. During the past summer, the United law, all such citizens of the United States who have thus States' troops were ordered into the nation, as we believe, been permitted to enter and settle upon the territory, are for the purpose of redeeming the pledges of the Governintruders, and the faith of this Government is pledged for ment for our protection; they removed the intruders, who their removal. We protest against the right of the Ar- had flocked in thousands to our gold mines, and a few also Kansas Cherokees, or the Government, to enter into any lalong the frontier settlements; many, however, were not

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own rules, over which we have no control. We do our duty in delivering the annuities to the head men of the nation, and we pretend to no authority over them, to no right of directing how they are to be distributed." (See Address, signed Th. Jefferson, to the upper Cherokees, dated 4th May, 1808.) That the same mode may be still continued, is all we ask, and it is anxiously desired by the whole nation.

Since that year there have been no com. plaints on the subject; why, then, at this late period, when civilization has taught better the manner in which this small sum should be applied, is the change in the mode of payment to be made?

molested, and others returned in a short time after, plac- language of one so truly the friend of the weak and the ing at utter defiance the authority vested in the United oppressed as the Chief Magistrate of the United States in States' Agent, and heretofore exercised by his predeces- 1808, is too explicit to pass unnoticed on this occasion. sors. All the Cherokees who had been engaged at their To the Chiefs of the upper Cherokee towns he spoke as gold mines were removed with the intruders, and expe- follows:-"You complain that you do not receive your rienced much injury and inconvenience, under an order just proportion of the annuities we pay your nation--that from the Department of War, and during the stay of the the chiefs of the lower towns take for them more than troops in the nation were not permitted to re-engage at their share. My children, this distribution is made by the their mining operations. The troops have been suddenly authority of the Cherokee nation, and according to their withdrawn, and our country again left exposed to the ravages of intruders. An act has recently been passed by the Legislature of the State of Georgia authorizing the Governor thereof to take possession of our gold mines, and appropriating twenty thousand dollars for that purpose; and another providing for the survey of our country into sections, and for the appointment of magistrates therein; against which we would most solemnly protest, as a departure from the obligations of good faith, and the desire to secure and promote the peace and friendship so often repeated in our treaties. The language of the great and illustrious Jefferson, through the Secretary of War, to our chiefs, recurs to our memory with peculiar force: During the last session of Congress a bill was passed, "The President listens willingly to your representations, whose object, as we understood, was to enable the Preand requests you and your nation to be assured of the sident of the United States to comply with the compact of friendship of the United States, and that all our proceed- 1802, between the United States and the State of Geor ings towards you shall be directed by justice and a sacred gia, and afford means to the Indian tribes, whose great regard to our treaties. You must be sensible that the desires were represented, by the advocates of its passage, white people are very numerous, and that we should to effect their removal west of the Mississippi. It is not therefore be desirous to buy your land when you are wil- desirable for us to remonstrate upon this occasion, but we ling to spare it; but we never wish to buy except when hope that the kind indulgence of your honorable bodies will you are perfectly willing to sell. The lands we have be extended, while we state some of the many cases of afflic heretofore bought of you have been marked off by a line, and all beyond that line we consider absolutely belonging to our red brethren. You shall now receive the map of the last line, which has heretofore been promised to you, to stand in evidence between your people and ours, and to show which lands belong to you and which to us." (See document before referred to.) We would most earnestly pray that the kind assurances of the friendship of the United States, by one whose examples are so worthy of imitation, may never be passed over with an unfeeling heart for the unfortunate Cherokees; and that all proceedings towards them may be directed by justice and a sacred regard to treaties.

tion and oppression which have occurred since the passage of the act. A ray of hope, in the midst of great apprehension, seemed to shed its glimmering light on the minds of the Cherokees, to learn, from the speeches of the Georgia delegation and others, in Congress, that nothing should be practised on the Indians in the operation of the bill, or in connexion with it, that benevolence and humanity could censure; that neither force nor injustice was contemplated by the Government, or the authorities of Georgia and that they should be left to the exercise of their own free will. But experience has taught us to know that a powerful auxiliary has been afforded to forward the views and the policy of that and other States, and of the Execu The Executive of the United States, during the past tive of the United States, towards the unfortunate abori summer, issued an order to the Agent for our nation, gines of this continent. They have looked back upon changing the mode of paying the annuity, and providing the scenes and prospects of other days, and the contrast for its distribution amongst the individuals, averaging with those of the present time has caused much sorrow. about forty-two cents each, contrary to the well known ful feeling. Georgia, in the recent measures put in force wishes of the Cherokees, and their solemn protest against to compel the Cherokees to listen and yield to the elothe measure, the stipulations of existing treaties, and the quence of the Secretary of War, and Government's spe uniform practice of the Government, down to the pay-cial agent, has departed from the high and magnanimous ment of the last annuity in 1830. It is a stipend due to pledges of kind dealing toward the Indians, on the floor the nation, and has ever been controlled by its authority. of Congress, and has frowned and threatened to prostrate The Cherokees have a treasury into which it is placed for their innocent determination to abide on their ancestral the support of their Government--"a Government of re- territory; but without effect. She has sent armed guards gular law," modelled agreeably to, and in pursuance of, of fifties, thirties, and tens, in time of profound peace, the kind and parental advice of President Jefferson, con- under pretence of executing her laws, and when the occa tained in a written address to the Cherokees, 9th of Jan- sion did not require a display of the pomp and circum uary, 1809--and other national objects, by which means stance of war. Leaving the Indian children in destituall are enabled to enjoy, in some degree, the benefits tion to mourn their hapless lot, she has led their fathers arising from its application; but of what possible advan- in captivity to a distant land, to destroy their spirits by tage will it be, if paid as contemplated, when hundreds immuring them in the walls of her prisons. In one case will have a hundred or more miles to travel, neglecting a white man, who had, a long while ago, taken the pro all other business, to obtain the small sum of about forty-tection of the nation, and married a Cherokee woman, two cents? But it cannot be: we protest against any and, under the carc of the Cherokee nation, had acquired alteration, and humbly hope that you will direct the pay-property and a large family, whose interests are identified ment as heretofore, and in conformity with the treaties with those of the Indians, having entered into a mercan under which the fund is stipulated. We are aware that it tile partnership with two Cherokees, he soon fell out has been asserted that the chiefs and others speculate with them, and instituted suits against them in the courts upon this fund; but it is not so: even if it were, would it of the nation, which decided against him. After this, he justify a departure from the course which the pledges of filed a bill in the superior court of Gwinnett county, in the United States have bound its officers to pursue? The Georgia, against the two Cherokees, and prayed a write

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ne exeat, before Augustin S. Clayton, judge of the court, the nation by an officer of the State of Georgia, on a sitting in chancery, who awarded the writ, which was charge for murder committed upon the body of another served upon one of them in the Cherokee nation, by a Indian, in said nation, and carried to Hall county, and deputy sheriff of Georgia, and, under a guard of three placed in jail, to await his trial under the laws of that men, he was carried about eighty miles to the common State. After some months confinement, he was taken e jail of Gwinnett county, in the said State, where he was out, and tried by the aforesaid A. S. Clayton, and senkept in close confinement until the sitting of the court in tenced by him to be executed on the 24th December last. September last, when he was brought up for trial before An application was made to the Chief Justice of the his honor A. S. Clayton, who issued the writ, and was United States for a writ of error, in order that the case 1 discharged, on the ground that the affidavit of the plaintiff might be brought before the Supreme Court of the United was not sufficient to have warranted the issuing of the States, to test the constitutionality of the proceedings, writ. During the same trip, by the deputy sheriff, he and was obtained. The arbitrary manner in which the arrested an elderly Cherokee woman, a married lady with citation was treated by the Governor and Legislature, a large family, on a plea of debt, and carried her off cap- then in session, are known to you. The resolutions tive from her husband and children, fifteen miles on adopted on the occasion breathe a spirit towards our natowards Georgia, when she fortunately succeeded in ob- tion, of which we will not permit ourselves to speak: taining her liberty by giving bail. suffice it to say, therefore, that the writ of error has been disregarded, and the unfortunate man executed agreeably to the sentence of the judge.

In another case, in the name and authority of George R. Gilmer, Governor of Georgia, a bill was filed in chancery, in the superior court of Hall county, in July last, One other case: A party of armed men, ten in number, against certain sundry Cherokees, praying for an injunc- from De Kalb county, Georgia, committed numerous outtion to stop them from digging and searching for gold rages, under the pretence of being Georgia officers, as within the limits of their own nation; and the bill being far as seventy-five miles within the nation. They arrestsworn to before the same A. S. Clayton, he awarded an ed a Cherokee without cause, and compelled him to pay injunction against the parties named in the bill as defend- a horse for his release. Under forged claims, they atants, commanding them, forthwith, to desist from work- tempted to arrest another individual, and, with him, his ing on those mines, under the penalty of twenty thousand negroes, but failed: arrived at the residence of another, dollars, at a time and place where there were unmolested in his absence, they were in the act of driving his cattle several thousand intruders from Georgia and other States, off, when they were rescued by his neigbors, though they engaged in robbing the nation of gold, for which the succeeded in committing some robbery upon the house. owners were ordered not to work by the said writ. Un-At another place they forced from an Indian his horse, der the authority of this injunction, the sheriff of Hall without even a pretended claim, and cruelly abused the county, with an armed force, invaded the nation, consist-persons of two aged Cherokees, one a female, causing a ing of a colonel, a captain, and thirty or forty militia of flow of blood, because they did not quietly suffer themthe State of Georgia, who arrested a number of Cherokees selves to be robbed of their property. Two of their engaged in digging for gold, who were at first rescued by children, who had felt it their duty to interfere for the the troops of the United States stationed near the place, protection of their aged parents, from an insult and outand the sheriff and his party themselves made prisoners, rage so barbarous, were led captive into Georgia, and and conducted fifteen miles to the military camp, when a compelled for their liberty to give their notes for one council of examination was held, and the exhibition of hundred dollars, each, payable in ten days! their respective authorities was made, which resulted in Many other cases of aggravating character could be the release of the sheriff and his party, and a written or-stated, did the nature of a memorial allow, supportder by the commanding officer of the United States' ed by unexceptionable evidence. To convince the Unittroops, directing the Cherokees to submit to the authority ed States of our friendship and devotedness to treaty of Georgia, and that no further protection could be ex- obligations, we have endured much, though with bleedtended to the Cherokees at the gold mines, as he could no ing hearts, but in peace. And we hope enough has longer interfere with the laws of Georgia, but would af- been done to convince even the most sceptic that a treaty ford aid in carrying them into execution. On the return "on reasonable terms" can never be obtained of our naof the sheriff and his party, they passed by the Chero- tion, and that it is time to close this scene of operations, kees, who were still engaged in digging for gold, and never contemplated by the compact between the State of ordered them to desist, under the penalty of being com- Georgia and the United States. How far we have contrimitted to jail, and proceeded to destroy their tools and buted to keep bright the chain of friendship which binds machinery for cleaning gold, and, after committing some us to these United States, is within the reach of your further aggression, they returned. Shortly afterwards, knowledge. It is ours to maintain it, until, perhaps, the the sheriff, with a guard of four men, and a process from plaintive voice of an Indian from the South shall no more the State of Georgia, arrested three Cherokees for diso-be heard within your halls of legislation. Our nation and beying the injunction, while peaceably engaged in their our people may cease to exist before another revolving labors, and conducted them to Wadkinsville, a distance of year re-assembles this august assembly of great men. seventy-five miles, before the same A. S. Clayton, who implore that our people may not be denounced as savages, then and there sentenced them to pay a fine of ninety-unfit for the "good neighborhood" guarantied to them three dollars cost, and stand committed to prison until by treaty. We cannot better express the rights of our paid, and also compelled them to give their bond, in the nation than they are developed on the face of the docusum of one thousand dollars, for their personal appear.ment we herewith submit; and the desires of our nation, ance before his next court, to answer the charges of vio- than to pray a faithful fulfilment of the promises made by lating the writ of injunction aforesaid. In custody they its illustrious author through his Secretary. Between the were retained five days, paid the cost, gave the required compulsive measures of Georgia and our destruction we bond, and did appear accordingly as bound by Judge ask the interposition of your authority, and a remembrance Clayton, who dismissed them, on the ground that the Go- of the bond of perpetual peace pledged for our safety, vernor of Georgia could not become a prosecutor in the the safety of the last fragment of once mighty nations, For the unwarrantable outrage committed on their that have gazed for a while upon your civilization and prosliberty and persons, no apology was made, and the cost perity, but which now totter on the brink of angry billows they had paid was not refunded. whose waves have covered in oblivion other nations that were once happy, but are now no more!

case.

During the past summer, a Cherokee was arrested in

We

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