CHEROKEES MEMORIALIZE CONGRESS.

While the negotiations leading up to the conclusion of this treaty

were in progress John Ross and his delegation, finding no disposition

on the part of the executive authority to enter into a discussion of

Cherokee affairs predicated upon any other basis than an abandonment by

them of their homes and country east of the Mississippi, presented[403]

a memorial to Congress complaining of the injuries done them and

praying for redress. Without affecting to pass judgment on the merits

of the controversy, the writer thinks this memorial well deserving of

reproduction here as evidencing the devoted and pathetic attachment

with which the Cherokees clung to the land of their fathers, and,

remembering the wrongs and humiliations of the past, refused to be

convinced that justice, prosperity, and happiness awaited them beyond

the Mississippi.

The memorial of the Cherokee Nation respectfully showeth,

that they approach your honorable bodies as the representatives

of the people of the United States, intrusted by them under the

Constitution with the exercise of their sovereign power, to ask for

protection of the rights of your memorialists and redress of their

grievances.

They respectfully represent that their rights, being stipulated

by numerous solemn treaties, which guaranteed to them protection,

and guarded as they supposed by laws enacted by Congress, they

had hoped that the approach of danger would be prevented by the

interposition of the power of the Executive charged with the

execution of treaties and laws; and that when their rights should

come in question they would be finally and authoritatively decided

by the judiciary, whose decrees it would be the duty of the

Executive to see carried into effect. For many years these their

just hopes were not disappointed.

The public faith of the United States, solemnly pledged

to them, was duly kept in form and substance. Happy under the

parental guardianship of the United States, they applied themselves

assiduously and successfully to learn the lessons of civilization

and peace, which, in the prosecution of a humane and Christian

policy, the United States caused to be taught them. Of the advances

they have made under the influence of this benevolent system,

they might a few years ago have been tempted to speak with pride

and satisfaction and with grateful hearts to those who have been

their instructors. They could have pointed with pleasure to the

houses they had built, the improvements they had made, the fields

they were cultivating; they could have exhibited their domestic

establishments, and shown how from wandering in the forests many of

them had become the heads of families, with fixed habitations, each

the center of a domestic circle like that which forms the happiness

of civilized man. They could have shown, too, how the arts of

industry, human knowledge, and letters had been introduced amongst

them, and how the highest of all the knowledge had come to bless

them, teaching them to know and to worship the Christian's God,

bowing down to Him at the same seasons and in the same spirit with

millions of His creatures who inhabit Christendom, and with them

embracing the hopes and promises of the Gospel.

But now each of these blessings has been made to them an

instrument of the keenest torture. Cupidity has fastened its

eye upon their lands and their homes, and is seeking by force

and by every variety of oppression and wrong to expel them from

their lands and their homes and to tear them from all that has

become endeared to them. Of what they have already suffered it

is impossible for them to give the details, as they would make a

history. Of what they are menaced with by unlawful power, every

citizen of the United States who reads the public journals is

aware. In this their distress they have appealed to the judiciary

of the United States, where their rights have been solemnly

established. They have appealed to the Executive of the United

States to protect these rights according to the obligations

of treaties and the injunctions of the laws. But this appeal

to the Executive has been made in vain. In the hope that by

yielding something of their clear rights they might succeed in

obtaining security for the remainder, they have lately opened a

correspondence with the Executive, offering to make a considerable

cession from what had been reserved to them by solemn treaties,

only upon condition that they might be protected in the part not

ceded. But their earnest supplication has been unheeded, and the

only answer they can get, informs them, in substance, that they

must be left to their fate, or renounce the whole. What that fate

is to be unhappily is too plain.

The State of Georgia has assumed jurisdiction over them, has

invaded their territory, has claimed the right to dispose of their

lands, and has actually proceeded to dispose of them, reserving

only a small portion to individuals, and even these portions are

threatened and will no doubt, soon be taken from them. Thus the

nation is stripped of its territory and individuals of their

property without the least color of right, and in open violation

of the guarantee of treaties. At the same time the Cherokees,

deprived of the protection of their own government and laws, are

left without the protection of any other laws, outlawed as it were

and exposed to indignities, imprisonment, persecution, and even to

death, though they have committed no offense whatever, save and

except that of seeking to enjoy what belongs to them, and refusing

to yield it up to those who have no pretense of title to it. Of the

acts of the legislature of Georgia your memorialists will endeavor

to furnish copies to your honorable bodies, and of the doings

of individuals they will furnish evidence if required. And your

memorialists further respectfully represent that the Executive of

the United States has not only refused to protect your memorialists

against the wrongs they have suffered and are still suffering at

the hands of unjust cupidity, but has done much more. It is but too

plain that, for several years past, the power of the Executive has

been exerted on the side of their oppressors and is co-operating

with them in the work of destruction. Of two particulars in the

conduct of the Executive your memorialists would make mention, not

merely as matters of evidence but as specific subjects of complaint

in addition to the more general ones already stated.

The first of these is the mode adopted to oppress and injure

your memorialists under color of enrollments for emigration. Unfit

persons are introduced as agents, acts are practiced by them that

are unjust, unworthy, and demoralizing, and have no object but

to force your memorialists to yield and abandon their rights by

making their lives intolerably wretched. They forbear to go into

particulars, which nevertheless they are prepared, at a proper

time, to exhibit.

The other is calculated also to weaken and distress your

memorialists, and is essentially unjust. Heretofore, until within

the last four years, the money appropriated by Congress for

annuities has been paid to the nation, by whom it was distributed

and used for the benefit of the nation. And this method of payment

was not only sanctioned by the usage of the Government of the

United States, but was acceptable to the Cherokees. Yet, without

any cause known to your memorialists, and contrary to their just

expectations, the payment has been withheld for the period just

mentioned, on the ground, then for the first time assumed, that the

annuities were to be paid, not as hitherto, to the nation, but to

the individual Cherokees, each his own small fraction, dividing the

whole according to the numbers of the nation. The fact is, that for

the last four years the annuities have not been paid at all.

The distribution in this new way was impracticable, if the

Cherokees had been willing thus to receive it, but they were not

willing; they have refused and the annuities have remained unpaid.

Your memorialists forbear to advert to the motives of such conduct,

leaving them to be considered and appreciated by Congress. All they

will say is, that it has coincided with other measures adopted

to reduce them to poverty and despair and to extort from their

wretchedness a concession of their guaranteed rights. Having failed

in their efforts to obtain relief elsewhere, your memorialists

now appeal to Congress, and respectfully pray that your honorable

bodies will look into their whole case, and that such measures may

be adopted as will give them redress and security.

The Cherokee Nation of Indians. (1887 N 05 / 1883-1884 (pages 121-378)) · 第 148 / 266 题