Arkansas intelligencer., 1843-06-10

~S~AA
their homes. And why so? Is there not as great
a proportion of bad men-falseswea rers-amohgI
the Whites, as among the Indians! ihere can
be found as powerful incentives to influence Tue
perjury of one, of any number OF white men, anu
these influences are as strong, as 'he Pr1Juu
IS soured and Ignorant of Indians. ana oeoau 'sI
one white man is bad, because one ,hc'an W."
80 f,IseIv are the reasons why their whole
nations should be interdicted from being legal WIT
nessesq If the officers argument holds sooo III
the cose of Indians, it will in that OF all forelgn
testimony. And if he has proven that 1t IS mad
missible. by the reasons he has urged does he no!
nndo the chain of Law, and undermine the broad
foundation of the whole system of Trial! Casual
circumstances create witnesses, and not Law, al
though the latter prescribes their qualifications.
Does not the officer say, by his arguments, that
because one man, or fifty will perJure themselves,
ergo it's dangerous to have witnesses at all, mas
much, as there is liability of one or two of those
fifty being found at every trial! Indeed can his
argument be used with equal piausibilHy against
white witnesses, for their souls can be readily
purchased as any, and rather more. The gentle
man appears to entertain much moro profound
conviction of his own rights and dangers, than
he has of those belonging to him, whom he charg-
I'd With sns and of
better knowledge of his opinions, than he has of
Law, to which he so constantly makes his appeal
and reference. First, he launches into a sea of
abuse against the Cherokee and Seminole nations
amprimis, and with his mighty besom sweeps a.
like all, both good and bad, high and low, into
political non-existence, and wreaks his fury upon
language, as he was unable to do it upon his ac-
cusers; Next, he dates upon the perfect horror,
danger, and destruction which the admission of
such testimony against him, would bring upon
himself, his compeers, the country and the world !!
The dangers Of the ancient Scyla and Chary bdis
were naught beside it And it behooved the learn
ed body to beware how it established a precedent
so fraught with woe and dire calamity Then, he
praises his martial devotion-hs anxiety to render
the " service" all honor, aths' "Pubus'' has
shown in phat way he did serve the " service,''
and hoc perfectly dsinterested and philadel phian
he was, regarded his "dearly beloved" corps.
Indian testimony IS allowable in all states and
courts where there are express provisions a.
gainst it, and there in this state, on the
contrary, Indian witnesses have been heard and
sworn against white men, and what is more, the
Fort Wayne officers know, that they wsre used a.
gainst three soldiers of their own reg glment,
in a court where they were tried for murder up
on Snake, an Indian. But people in their own de-
fence, especially when conscience pricks-always
have short memories concerning all actions, which
are not for their interest, to DO remembered.
In the U. S. Court, not only Indians sworn,
and their testimony taken, but even negroes; In
dams are as freely heard in that Court as white.
men. And it is very essential that such should
be, for many cases would fall through and pass
the judgment they demande |, if Indian testimony
were not allowed: Many cases indeed, could not
IT the Onshcg he6mimi,,ed on Indian ,,,u,-
such would then limit tho power and jurisdiction
OF that Court. In military Courts, the same evil
dences are to be taken, and must be as in the u
- 'n,r To ,In, h,,., L
appeal from military one. So much for the Off
GERS objections to Indian testimony. 1t seems that
the Indian evidence to which was particular OBJ.
lection, was so strong, and the witness so honova-
ble, that the complaining officer could no, silent
y sit still and suffer- it to be heard and affect in
any degree, him, or that evidence, upon which he
relied, as what would ''throw into the shade anv
thing that could be given against him." So much
for cons stent care of ones self.
shall say nothing Of the oboquy cast upon the
Cherokee nation, indirectly it's true, but pointed
ly; that leave to its citizens, to wipe away any
siurs, and hurl back any contumeIious epithets.
MEDALLUS