Arkansas intelligencer., 1845-03-01
VOLUME mo. q.
SUBSCRIPTION PRICE 80 w.

OF Cherokee in the Cherokee country lie was
arrested BY the authorities Of the tribe, found gull.
ty. and condemned to die. Application was made
10 the United States district at Little Rock to
remove the case from the Cherokee tribunals, by
writ of babcaS corpus. The Judge decided that
West, by marrying an Indian. and living in the In
dian country. had for all legal purposes, become
one of the tribe. The application was refused, and
West was hung.
1t is highly important that tho officers and
agents of the Indian Department, should understand
this matter distinctly in all It's bearings.
In the first place, are all other trlbs TO exercise
the same jurisdiction! Arc the Osnges to be sui.
tered 10 scalp any white man married among them.
whonovor, nrrorjnS tU sheir peculiar customs be
may have incurred that penalty! II they are not,
whero is the line to te drawn! If an American,
by marriage and residence among Cherokces, be.
comes, for all legal purposes. an Indian, it is diff.
cult to CONCEIVE why the same consequences should
not result from marriage and residence among any
other tribe.
Again, wha: are the precise circumstances which
denote the change of national character! Surely.
marriage and residence are not alone sufficient; for
It often happens that mechanics. traders, and 9th.
rrs in the Indian country, temporarily under tho
authority Of the government, take Indian wives
1t will hardly be pretended that they lose their brtl
right as Americans in consequence. 1t is tho ad.
mission to full privileges of citizenship? A white
man is never thus admitted. lilo can IN no tribe,
undor any circumstances, bo chief. He can ne
yer participate regularly in the councils Of tho
ton. llc is always regarded rs an intruder. look
cd upon with jealousy and disrus, and is liable 10
expulsion Whenever the whims and caprices Of the
nation may suggest it. The indeIiblo mark by
which nature has distinguished the two races, is
not palmer more Interchangeable than the political
difference which exists between Indians and whites
iomiciIlated among them
Supposing the question of citizenship to be de-
tcrmlned If the white man has really, "for all
legal purposes. become of the tribe" he will.
Of course, claim the benefits of his position. He
will insist that he is not amenabe to our courts for
injuries done to the persons property of other
Indians; cannot he removed from the Indian coun-
try. unless MS adopted countrymen request ii; re-
Quircs license to trade, and no passport, II for
egner; aud in short, entitled to all tho dstlnc-
tons in favor Of Indians, expressed or implied IN
the laws Of the land. .,fr
1t is not IntoHded, by any means, 10 cav nj .Ho
decision Of the Arkansas court: but, If that deer
sion be correct, enough has been said, trust, 20
show the ,errssiiyNof dsiining. wi'b grenterprs~,
sion. the rights cf white men IN the Indian country.
Efforts lmYc beon made, at diiieroas Zines, by
some of thu tribes; to confne to Indians the rivi-
egc of trading in their country. In Ny opinion,
these efforts should, in no wise, bo counenancod.
The ohjec, is generally TO shut out me competition
of such white men us are enablsd, by their large
means or superior business facpties, to undersoIl
the native merchants. Thes/arc chiefly men of
mixed blood-in most casos sthree.quarters or SO.
vcn.cghts white--far abhd in sbrewdness and
know ledge of the 'fullbpOdod Indians; at whosn
expense, if white men ,ore excluded, they would
endcavor to enrich tn Jnscives by r"isi"g prices.
Expericnce and 6servation have satisfied me
that the less restrj<ion there is upon trade, and
the moro open it's to competition, the better for
tho Indian. Tb doctrine that trade is the most
e(Ticien, promter of civilization, is emphatcaIly
true in their Case. There may be objections to
the present Ss.cm; but those which have been most
STRONGLY vged arise rather from the existence of
monoJolfs, and tho want of competition in partic-
uIoy ahs. than from any inherent defect in tho
s,s,er itself. 1t may be imperfect in its present.
,hat, but know Of none other that would answer
letter purpose.
4. is, perhaps, travelling beyond my proper
sphere TO suggest the proprety of your recon.
mending some plan by which sessions Of the Uni.
ted States courts for Arkansas may be held alta
point nearer the line than Little Rock. So many
of lis cases, however, grow out of transactions in
tho Indian country, and the parties concerned in
such cases (often on the public accounD are expos
ed to so much Inconvenience, on account of the dis
tance they obliged to travel, that have felt un
willing TO close this report without mentioning the
subject.
All of which is respectfully submitted:
WIN. ARMSTRONG;,
Acting Supt. Western Territory.
T. HARTLEY CRAWFORD, Esq.
Commission Of Indian Affairs.
Cen Lgmor-The history of his life ia like n