The New York herald., 1845-05-26

cutes and make arrangements with the Indians in
relation to the soil. They Immediately guaranteed
all the territory claimed by the Cherokees to the
Cherokees. Notwithstanding reason and the COM
mon justice of mankind, and the laws of this Union,
and the laws OF nations, were against them, the
Georgians acted as though the Cherokee country
was their own The whites had already intruded
into the Cherokee domain, and exercised the entire
right to all the soil they claimed or set foot upon;
but nothing in the form of legality done until
the year 1928, when the Legislature of Georgia
passed an act TO divide the Cherokee country In her
chartered limits" into portions separate, and to
add them to the adjoining counties Of the State. In
1879, she passed another act, annulling call laws and
ordinances made by the Cherokee Indians" and
forthwith extended her jurisdiction over the land,
Cherokees. The courts of Georgia, in their trials
OF Cherokee offences, were exceedingly severe,
reaching, in their severity, a high degree
of legal tyranny. They punished not only
real. but imaginary offences; and many an in
nocent man has swung ON the Georgia galfows, in
nocent so far only as he was not an Indian Aaba-
ma, Tennessee, and North Carolina, followed the
example OF Georgia, and the expressions of the poor
Indians (poor at that time, indeed y became intol-
erable-they were driven from their homes, their
bodies buried in filthy dungeons, and lacerated by
the white mans scourge. The native magnanimi-
ty of the States themselves was appealed to, but in
vain. Appeals, bearing the signatures of thousands
of humane whites were sent to the President at
Washington, in behalf of the suffering Cherokees,
but all IN vain; Iu 1884, as the last hope of an un
fortunate people, as the last refuge to which bleed
ing nation could flee, an appeal was made to the Su-
preme Court of the United States in its January
term, for writ of Injunction, restraining the State
of Georgia from extending her jurisdiction overthe
Cherokee country. If this had been obtained, you
perceive that when it would become necessary to
apply for another against the other States, the prece
dent would justify the appeal and the writ be again
obtained-but this failed, the Court answered "The
Writ of Injunction is denied" The Government
of the Cherokee nation was then, and had been,
administered for several years by John Ross,
and what he called his Constituted autho-
rity;' and although the act Of Georgia, and of
the other States would "annul laws and ordinances
made by him any body else in the nation, he still
continued his control over Cherokee affairs 1t is
important to notice what was that constituted au-
thorty' Let me extract from letter written to
this matter, by an intelligent and strong-minded
Cherokee. "lt obstacles to speedy release from
their heartrending situation lspeakng Of his breth
ren( did not exist by combination of a few rich
hafbreeds, it would be needless, Nc !" 'But since,
for these long years, our government has been sup
pressed by the jurisdiction of the States, few men,
| at the head of whom is John Ross, who is white
man in color and feelings, have affected to be the
councils the frontier of nation, the form OF
Committee and Council of his friends, who have
used up all the Cherokee annuties, and exhausted
the credit OF the nation, under the pretence Of de-
Tending and saving the Cherokee lands. While
this was believed by the Cherokees, he maintained
his authority in controlling their confidence, until,
for any practical use, the poor Cherokees have no
country, no homes and no laws. Men there were
who urged their people to consider their condition,
and release themselves by treaty, as to exist
nation without the limits of the States but this self
organized Council told them to rest assured they
would all be restored to their rights, and the white
people and their laws would be expelled by the
general government out of their country. Previous
to the extension of the laws of Georgia, Alabama
Tennessee, and North Carolina over our nation,
our government was elective, according to con-
Ii,,I and
elections have been held slnce and all the members
of that government, chiefs, members of committee
and council, became private Individuals but being
still united, this government, which thus expir
ing contrary to the constitution, in small council
of the people, selected twenty-four men TO hold
convention to decide how the government should be
continued. They decided that the chief, John Ross
and the members OF committee and council should
hold office until the nation should be restored This
Committee consisted of sixteen members, and the
Council of twenty-four members. If vacancies oc
cured they were to be filled by the principal chiefs
This, of course, was adopted in the form of a law
by the very men who had chosen the twenty-four to
say they should continue in office. This council
thus organized was tolerated while the people re-
| tanned confidence in it, but eventually the people
rose and held councils in other parts Of the nation,
and called aloud for treaty. and bid defiance to the
Red Clay authority. (Ross' council was held at
Red Clay) Whenever any OF the chiefs left the
| council, John Ross would put in their places his
friends; SO he has retained the influence of that
council, and on the same principle he can keep
it organized all his life, without any responsible
lity, If the general government will allow this
man to be the .speculator, OF ruined nation. AT
various times, Major Ridge, Alexander Mccoy,
Alexander Mcdonald, VIM. Boiling, John Ridge,
David Vaun, w. S. Coody, Tus-a-tasku, and George
Chambers abandoned this Council, and John Ross
filled the vacancies" Now this is matter of history
This constituted authority was mere arbitrary
power, organized without the consent of the people,
its members chosen by one man, and not elected by
the people according to the constituton-chosen by
one man, who, himself also, contrary to the const
tuition, might hold his office for life. 1t is matter
OF history, too, that this man, with his friends
consumed Individually the annuities due the nation,
and blinded the people to their true condition, telling
them the whites would be driven from their borders,
and they be restored to their ancient rights in their
ancient country, when there was no possible power,
and he knew it, to effect it. His "Constituted ltho-
rtywhen brought up to the standard of the Cherokee
Constitution, would be destitute of all just authori-
ty, as would the authority OF the President of the
United States, were he to assume to himself the
right OF choosing members OF the Senate and House
OF Representatives when brought up to the standard
OF his country's constitution-for it would be ty-
rannical assumption, and if successful, despotsm.
The people bid defiance, at one time, to the Red
Clay authority, and thus is shown, there was
no legal, constitutional government in the Chero-
kee country, in the opinion of the Cherokee people
themselves. The whole nation was ruled by few
rich halfbreeds might follow the acts OF these
men yet farther, and show how illegal, how uncon-
stuonal, and, in fact, how arbitrary,w this "con
Sttuted authority" Constituted authority! Consti-
tuted by whomf BY itself-mantainedb by money,
and underhanded influence 1t began to be evident
that no measure was practicable for Cherokee sal
vaton but treaty; and fearing that the people would
be in favor OF it. (Which appeared to be the case,)
and they thus lose their power, this constituted
authority passed law, furnishing with death who
ever should make treaty. Jack Walker became a
prominent advocate of the measure, and riding on
his way home one day, he was shot by an unseen
assassin-it was believed then, and yet believed, at
the instance of this constituted authority" Chero-
kee patriots were, however, not to be intmdatcd,
and other advocates arose for the same measure,
among whom Major Ridge, John Ridge, and Elias
were threatened by the "constituted author-
ty," and were in constant danger men with
guns lay around their houses, night after night,
seeking an opportunity TO kill them, and all this
merely because they had the independence TO express
their views in relation TO Cherokee affairs, and to
advise a treaty They were called the Treaty par
y at first, and then the Ridge party" John Ridge