Arkansas intelligencer., 1843-08-12
COMMUNICATIONS.
For tho Arkansas lntelligencer.

HIISSTS.
was made by writer in Your paper over the sig
nature of I" Medallus" to subject of much in
terest in this country. 1t was in reference to the
exclusion of highly respectable Cherokee testi-
mony by Court of Enquiry at Fort Gibson last
spring, when an officer Of the Army (Col. Mason)
was charged with having appropriated the proper
tySof Cherokee to his own use without permls-
sion. The Colonel, as | learn from others. OBJ
jected to Indian testimony, and filed written ar
gument, which set forth that it would be dan
gerous precedent to allow Cherokces to TESTIFY IN
military Court-That it would be deadly blow
at the commission of every officer on this from
tierEThat the Cherokees and Seminoles were ig-
norant and soured at the military for having re-
moved them hither, and would swoar by fries at
the bidding of white men who have boen among
them any length Of time--That the Interpreters
| ofswhiskey would buy moro oaths than would swear
away the commission of every officer at Fort
Gibson ten times over-That Indian testimony
should not be allowed in Military courts, because
it is not admitted in the courts of Arkansas and
Missouri-The precedent would be both danger.
Gus and Illegal" y
The proceedings of the court are upon record,
but have no access to that record, and may have
wrongly stated the Colones objections if So
those who are possessed with more correct and au.
authentic information of that celebrated trial.
wherein the power and advantage of station wore
Eexerted to stfe Investigation, and 10 force odium
on an honorable and independent citizen Of the U.
States, can set me right. Ihayo no personal feel
ing to crafty, nor shall enquire to the mo-
tive for this or any other act. 1t is public af
fair, and such, connecting itself with the rights
and interests of my fellow citizens, | shall speak
of it. The court then sustained tho objection OF
Col. NJ, and decided, that however abused. and
however upright and intelligent, a Cherokee could
not testify in military court against an " Off
cor - Now object against this decision that it
is unjust towards the Cherokees, and wants the
sanction Of aw--That it invites to state of
things in this country the reverse Of peace and
good understanding it marks line of dis.
tinction never designed by the God of Nature, nor
contemplated by the Federal Government-Tha,
it is "deadly blow" at the confidence of the
Cherokees in the integrity of the United States to
fulfil the pledges of protection it is obnox-
ious to proper sense of propriety, and the rela-
tive position of freemen under Government based
upon equality, and that it smacks Of un.officer.
an officer of the army that exempts him from the
same course of trial which he himself approves
for one who is not of the "order ?'c Upon what
principle are wo TO discriminate between tho su-
perior rights and privileges of an officer, and
those of an humble citizen, when law and Justice
allow no such distinction Military courts are
established by Federal law; they are Federal
courts, not State courts to be governed by State
regulations. If such were the case, there would
be no uniformity in the practice of conducting
military courts, for in some States negroes are al
lowed by law to testify against white men. If
the principles established by the laws of the U.
States IN reference to testimony, are to be over
ruled by military courts, and they assume to leg
isfate by prescribing precedents and rules at va.
rianco with the safety of our property and lives
it is to be hoped the commandant at Fort Gibson
will give tho subject passing notice in his next
"order." There is barely force enough here to
compel respect for officers who are inclined to
shield their honor under so pi,ab.o subterfupe.
luz ShcIokecS ueSlre Nd " PRIVILEGED ORDER'
among them, who can take away property. and
traduco character, roam through the country and
insult females with impunity. Neither civil nor
military redress open for those who suffer. Let
this be declared to tho "Chorokees and Seminoles
and as much lostto every moral principle as rep.
resented byCol. Mason, and as much as thoy ma
be despised by him and his school of claw and
ethics," there will soon be found Individuals who
have the spirit to assert and 10 maintain their
rights in defiance of all tho military arrogance in
the Indian country.
A short time since, perhaps fortnight, a Gene.
raj Court Martial was held at Fort Gibson for the
trial of a soldier (Nioncghan) on charge of rape
alleged by Creek woman. After some hesi,a.
ton, the court not only admitted the complainant
to allege her charge, but admitted the testin,ony
of two other Creek women to sustain the charge.
whose statements were interpreted into English
by Jim Henry, another Muscogee It NAV mo-,
be unworthy ofremark, that the complainant is
woman of bad character. and carries on her face
the mark of her own infamy her nose being cut
off for violation of Creek law. II il n bo rbor.