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MEMORIAL
The following is the closing part of the memorial adopted by a meeting
of the citizens of Philadelphia, in behalf of the Cherokees.
From the testimony of a series of Treaties, concluded under the sanction
of the first five Presidents of the United States, ratified by the ablest statesmen
that have ever sat in our national councils, and extending in point of time
from the adoption of the Federal Constitution, down to a late period, your memorialists
conceive that they have conclusively demonstrated that the United States of
America have guaranteed in the most solemn manner to the Cherokee Nation, in
the first place-the entire title-undisturbed possession-and complete enjoyment
of all their lands, not specifically ceded, except so far as these natural rights
may have been modified, or relinquished by written agreement; and that in the
second place, the freedom of this nation, and the right to be governed by their
own customs and laws, except so far as this natural attribute may have been
restricted or abridged by treaty, have been recognized in every compact formed
between this people and the United States of America.
Believing that the representations which they have made, are founded
in truth, your memorialists would respectfully, but earnestly petition, that
Congress would sustain inviolably the faith of the United States pledged to
the Cherokees and other Indian nations in their vicinity, in its full meaning,
intent and purpose-that the remnants of this ancient and suffering race may
be protected in the enjoyment of peace and quietude upon that soil which has
been theirs by immemorial possession, which contains the bones of their fathers,
and to which they are attached by all the strong ties, which bind men to country
and to home, and that no laws shall be permitted to be imposed upon them, which,
under any pretext however plausible, shall render them slaves in effect though
free men in name.
When your memorialists reflect upon the many favors received by the first
settlers of these United States from the hands of the aborigines when they call
to mind that many of the treaties which they have recited were made when our
frontiers were weak, and the Indians strong, when they look at the defenseless
and friendless condition of the sad remains of this once powerful peoples they
feel constrained by common impulse to ask of Congress that not only strict justice
and enlightened generosity, but also sufficient protection and support may be
extended towards them.
If the government of the United States have made engagements with any
other parties supposed to be incompatible with its pledges to the Indians, let
all such claims be deliberately examined, and if they shall appear to be well
founded, let a proper adjustment take place, and suitable indemnity be made
to the suffering or aggrieved parties. But whilst your memorialists desire
that in all their doings the U. States may observe towards all people the measure
of strict justice, they cannot but earnestly solicit, that in all questions
having a reference to the rights of Indians, their claims to the soil which
they occupy, as well as other rights guaranteed to them by treaty, may be strictly
maintained; for it must appear self-evident that no compact between the United
States and a third party can effect them, or in the least impair either their
natural or their vested privileges.
In thus acting towards the Cherokees and other Indians, according to
the dictates of a generous policy, your memorialists do not perceive any practical
difficulties. If suffered to continue undisturbed upon their lands, in
the course of a few years the progress of civilization, and the increase of
knowledge, would of necessity change their character, modify their laws and
customs, and finally prepare them for so amalgamation with the white population.
They would then gladly receive the rights of citizenship, the duties of which
an improved education would teach them to appreciate and perform. That
this is the ultimatum of the hopes and wishes of the Indians themselves, your
memorialists think is manifest from an address to the President of the United
States dated at Washington the 12th of March, 1825, and signed by Ross, Lowry,
and Hicks the principal chief.
Speaking in reference to this subject, they express their full conviction
that the day would arrive, "if the Cherokees were permitted to remain peaceably
and quietly in the enjoyment of their rights." when all "distinction between
their race and the American family would be imperceptible;" and they emphatically
declare, that "for the sake of civilization and the preservation of existence,
they would willingly see the habits and customs of the aboriginal man extinguished."
Seeing that such are the disposition and temper manifested by the Indians
themselves, your memorialists have noticed with regret that a resolution has
been offered in the Senate, contemplating a modification of the laws of the
United States for the regulation "of trade and intercourse with the Indians,
so as to exempt expressly from their operation the territory occupied by any
Indians within a state over whom as tribes or individuals the laws of the state
have been or may be extended by the legislature thereof."
Your memorialists fear this proposition, if adopted, would lead to a
system of measures hostile to the best interests of the Indians, and in opposition
to the spirit and letter of the numerous treaties which they have already recited.
In looking toward the future and final destiny of the Indian race east
of the Mississippi, your memorialists cannot better convey their feelings than
in the language used by an eminent jurist of the State of New York, in reference
to a small fragments of tribes resident within the territorial limits of that
State. When, says he, "the time shall arrive for us to break down the
partition between us and them, and to annihilate the political existence of
the Indians as nations and tribes. I trust we shall act fairly and explicitly,
and endeavor to effect it with the full knowledge and assent of the Indians
themselves, and with the most scrupulous regard to their weaknesses and prejudices
and with the entire approbation of the Government of the United States.
I am satisfied with such a course would be required by prudence and would become
necessary not only for conscience sake, but for the reputation of our national
justice."
In accordance to the general wisdom and benevolence of the sentiments
just recited, their full approbation your memorialists feel that as Pennsylvanians
they are peculiarly entitled and enjoined to ask of the United States the inviolate
observance of all faith plighted to the Indians, and they are constrained, by
a deep sense of gratitude to bear testimony in the name, and by the experience
of their forefathers to the fact, that the Indians on their part, can maintain
with strict integrity, all promises which they have given in treaty with white
men. In remembrance that their ancestors landed on the shores of America,
a feeble band, without the munition of arms-that with open hearts and hands,
they sought the friendship of the Indians, when a strong and powerful race-
that this was given and pledged in that memorable treaty held near the place
where your memorialists are now assembled-when they call to mind that this compact
was never broken--but that with deeds of kindness and good fellowship, every
pledge mutually given was mutually redeemed, insomuch that it is their happiness
to record that for a space of 60 years no human blood shed in Indian conflict,
ever stained the soil of Pennsylvania.-- Recurring to these cherished recollections,
they cannot but feel it to be a duty imperative upon them, to plead the cause
of the Indian at a moment of extremity when measures are in contemplation, vitally
affecting his dearest interests.
Considering, morever [sic], that the Cherokees, by the express recommendation,
nay, by the aid and assistance of the Government of the United States itself,
have, for a series of years past been rapidly advancing in civilization-that
they have relinquished the habits and pursuits of the savage, and have become
possessed of houses and mills, flocks and herds, schools and printing presses.-
that above all many of them have forsaken the superstitions of the Heathen,
and embraced the religion of the Gospel, you memorialists feel bound earnestly
to petition that no measures may be permitted to take place, which shall compel
this nation to leave the small residue of their ancient patrimony now rendered
doubly dear by the melioration of civilized life, and to exchange cultivated
fields and comfortable habitations for the wild and houseless prairies of the
West.
In conclusion, it is the sincere desire of your memorialists that the
Government of the United States and all others who presume to act towards the
Indians may be endowed not only with a spirit of ordinary benevolence, but a
remembrance of solemn accountability of nations, no less than individuals, to
a supreme tribunal, may purify their feelings, and direct their purposes.
Unanimously adopted by order and in behalf of a meeting of the citizens
of Philadelphia and its adjoining districts, held on the 11th day of January,
A. D. 1830
WILLIAM WHITE, Chairman
Roberts Vaux
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Henry J. Williams }Secretaries.
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