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THE CHEROKEE PHOENIX, AND INDIANS' ADVOCATE
Saturday, June 19, 1830
Vol. 3, no. 9
Page 3, col. 1a-3a

CHEROKEE PHOENIX
NEW ECHOTA; JUNE 19, 1830

The Governor of Georgia has issued two proclamations, one relating to the act extending the jurisdiction of the State over the Cherokees, the other relates to the gold mines. The Cherokees are to be expelled from their gold mines. We had sent these documents to the printer for publication in this day's Phoenix, but for want of room are obliged to defer them till next week. We now merely refer to them that the Cherokee reader may be aware of their forth-coming.

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It is said that a general meeting will be called at this place soon after the return of the Delegation. They are expected every day.

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In our last was given the proceedings of the House of Representatives on the Indian Bill, to the time when it was ordered to a third reading. In this day's paper will be found the final proceedings, and the adoption of the amendment by the Senate. We stated last week that if the amendment was adopted, or the bill failed, by the refusal of the Senate to adopt it, our fears would not be realized in their full extent. But since, upon mature reflection, and after reading the doings of the Senate which the reader can see for himself, we are constrained to say, the formal acknowledgment of the validity of treaties is but a mock show of justice. This is evident from the fact that the very men who have all along contended for the unconstitutionality of treaties with the Indians, were the first to agree to the amendment of the House, & to reject the amendments offered by Messrs. Frelinghuysen, Sprague and Clayton. The bearing of the bill then on the interests of the Indians will be the same as if it had passed on its original shape.

We confess our ignorance, our utter ignorance, of the views of the majority of the members of Congress, so far as they have been developed, on the rights of the Indians, and the relation in which they stand to the United States, on the score of treaties, nor can we discern the consistency of contending for the unconstitutionality of these treaties, and yet at the same time, declaring that they shall not be violated, which a man of common sense would take to be the meaning of the amendment. If a treaty is unconstitutional, it is of course null and void, and cannot be violated. If a treaty may not be violated, it is taken for granted that it is binding; and if it is binding, the parties to it have a right to demand its enforcement. How are we then to understand the decision of the Senate on this important subject? What do they mean by adopting the proviso, and at the same breath deliberately refusing to enforce the provisions of the existing treaties? We can find no suitable answer but this, palpable injustice is meditated against the poor Indians!

It is somewhat surprising that many well meaning persons, who would never in other circumstances, lend their aid and influence to do injustice to the Indians, should be perfectly blinded by this bill. They believe, as its advocates represent to them, that it is harmless, and that its operation cannot be otherwise than highly beneficial. But they are greatly deceived- the bill is not harmless, nor was it ever intended to be harmless. For the truth if this assertion, look at the decision of the Senate, rejecting the several amendments for the protection of the Indians? This 500,000 dollars is intended to co-operate with any other expedient, which will play at our backs like a flaming sword, while this sum will address itself to our fears & avarice. Compulsion behind, while the means of escape are placed before. Go or perish. And this is said when treaties are declared to be binding, and in them ample provisions are made for the protection of the Indians. Who would trust his life and fortune to such a faithless nation? No Cherokee voluntarily would.

At this time of much distress and darkness, the Cherokees can have some consoling thoughts- they have been ably and most manfully defended to the last, and although self interest, and party and sectional feelings have triumphed over justice, yet it has been only by a pitiful majority, and against the known will and feelings of the good people of these United States. These worthy advocates of Indian rights of the Senate and House of Representatives will be remembered while there is a living Cherokee- and notwithstanding oppression and power may crush us and utterly destroy us, yet their laudable efforts to save us, will be estimated in their proper light, and held in pleasing recollection by the Christian and philanthropist of future ages, and of all countries.

For the satisfaction of our readers, we subjoin a list of the votes taken in the House of Representatives, on ordering the bill to a third reading, arranged according to the representation of the States.

MAINE- Yeas- Anderson, McIntire, Nays- Butman, Evans, and Wingate.
NEW HAMPSHIRE.- Ayes- Brodhead, Harvey, Hammons, Hubbard, Chandler and Weeks.
MASSACHUSETTS.- Yeas- Dwight. Nays- Bailey, Bets, Crownshield, Everett, Davis, Gorham, Grinnell, Hodges, Red, Richardson, Varnum and Kendall.
RHODE ISLAND.- Nays- Burges and Pearce.
VERMONT:- Nays- Cahoon, Mallary, Hunt, Everett, and Swift.
CONNECTICUT.- Nays-- Barber, Ellsworth, Huntington, Ingersoll, Storrs and Young.
NEW YORK:- Yeas 16- Angell, Bockee, Borst, Cambreleng, Craig, Crocheron, Dewitt, Earl, Hoffman, King, Magee, Maxwell, Monell, Powers, Verplanek and White. Nays 15- Arnold, Beckman, Childs, Dowles, Dickinson, Finch, Hawkins, Martindale, Norton, Rose, Spencer, Storrs, Strong, Taylor, Tracy.--Messrs. Halsey and Lent absent.
NEW JERSEY.--Nays --all.
PENNSYLVANIA.-- Yeas 7--Crawford, Ford, Fry, Gilmore, Ramsey, Scott and Steriger. Nays 19--Denny, Evans, Forward, Green, Hemphill, Shire, Irwin, King, Leiper, McCreery, Miller, Muhlenberg, Sill, Smith, Stephens and Sutherland.
DELAWARE--Yea --Johns.
MARYLAND--Ayes--Howard, Spencer, Sprigg, Brown, Mitchell. Nays-- Dorsey, Semmes, Washington.
VIRGINIA:- Yeas 15- Alexander, Allen, Archer, P. P. Barbour, J. S. Barbour, Bouldin, Claiborne, Coke, Craig, Davenport, Gordon, Loyall, McCoy, Roane, Trezvant. Nays 5- Armstrong, Doddridge, Maxwell, Mercer, and Taliaferro.
NORTH CAROLINA:- Yeas-- 8-- Alston, Carion, Conner, Hall, Potter, Reacher, Shepard, Speight. Nays 5--Barringer, Deberry, Dudley, Sheppard and Williams.
SOUTH CAROLINA:- Yeas unanimous.
GEORGIA, ALABAMA, MISSISSIPPI, AND MISSOURI--all yeas.
OHIO--Yeas-- Findlay, Shields. Nays 11- Bartley, Crane, Creighton, Irvin, Kennon, Russel, Stanberry, Thomson, Vance, Vinton, and Whittlesey.
KENTUCKY--Yeas 8- Johnson, Lecompte, Wickliffe, Lyon, Yancy, Coleman, Daniel, & Gaither. Nays--Chilton, Clark, Kincaid and Letcher.
TENNESSEE--Yeas 8--Bell, Blair, Desha, Isacks, Johnson, Lea, Polk, and Standifer. Nay- Crockett.
LOUISIANA- Yea--Overton. Nay--White.
ILLINOIS--Nay--Duncan
INDIANA--Yeas-- Coon, Jennings. Nay--Test.
In the Senate the votes stood as follows:
MAINE.--Nays Sprague & Holmes
NEW HAMPSHIRE--Yea- Woodbury-- Nay-- Bell.
MASSACHUSETTS--Nay--Webster and Silsbee.
RHODE ISLAND--Nays --Knight and Robbins
VERMONT-- Nays--Chase and Seymore.
CONNECTICUT--Nays --Foot and Willey
NEW YORK--Yeas--Dudley and Sanford.
NEW JERSEY--Yea--Dickerson--Nay-- Frelinghuysen
PENNSYLVANIA--Yea--Barnard [this gentleman voted for Mr. Frelinghuysen's amendments]--Nays--Marks.
DELAWARE--Nays Clayton and Naudain.
MARYLAND--Nay--Chambers
VIRGINIA--Yeas--Tyler & Tazewell.
NORTH CAROLINA--Yeas--Brown and Iredell.
SOUTH CAROLINA--Yeas--Smith & Haynes.
GEORGIA--Yeas--Troup and Forsythe
ALABAMA--Yeas--King and McKinley
MISSISSIPPI--Yeas-- Ellis & Adams
MISSOURI--Yea--Benton Nay--Barton.
OHIO-- Nays --Burnet and Ruggles.
KENTUCKY--Yeas--Rowan and Bibb.
TENNESSEE--Yeas--White and Grundy
LOUISIANA-- Yeas--Livingston and Johnston
ILLINOIS--Yeas--Kane and McLane.
INDIANA-- Yeas--Noble and Hendricks.