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eluded *0 Itllke an attempt to get out; I the object of those benevolent persons nho,: he coaid oat share the late of his com- with laudable zeal, are laboring among <*=,; he paniou, by falling into a pit; and this would sooner put an end io his mental sufferings. 11; co.ninanoed what lie conceived to be a retrograde move ment, by crawling upon bis hands anti knees, and nroaeeded without accident a long time, when he again yielded himself up to despair. A copious ef fusion of tears subdued in a measure his agony. ?le set out again, but with little hope of ever arriving at the mouth ol the cave—lie continued givp- iug about in midnight darkness a whole day longer. When they entered the cave, the survivor noticed that it branched oil* in various directions; he therefore concluded that lie had taken the wrong way, and was probaoly as far or farther from the entrance than when he first .started. He halted' and with the determination ©1 waiting patiently thfc approach of death.— Like the drowning man, who is said to catch at a straw, the possibility of es cape again occurred to him; and sum moning his remaining strength, made another effort to find an outlet to the cavern. On the morning of the third day, when nature and hope were near ly exhausted, he thought he observed a ray of light; and on suddenly turning a conier, tho morning star shone lull in his face. His feelings, he said, must he imagined, for they could not be described. I Ie immediately made known the melancholy fate ot his com panion—a number of citizens com menced a search in the cave; found the nit, and with some difficulty ob tained the body, and had it decently interred. will he lost. It is the hope of every friend of Indians that a thorough and complete! trial may now he made, and the question! decided, whether the Indians are capable oi improvement or not; &. it issincerely wish-' ed that sufficient time may be given, and sufficient means granted to the Cheijokees, to evince to the world that Indians are ca*■’ pablc of improvement.— They need, howev er, assistance from their white friends, &. it is on account of this fact, that we beg aid., • >Ydl not each friend who takes the Phoe nix go to his neighbours and procure sub scribers for us? One responsible subsen-1 I her sent by each oft hose who now receive our paper would greatly relieve us and en- couiage u>. We hope we shall not be for gotten by the public. ELIAS fcOUDINOTT. \EW F3CffOTA: WRDXE!<:)VV, ORC. 31, M2H. A\ r e have an apology to make to our read ers. On the day of the publication of the la t Plnrnix, the Editor was necessarily ab sent, at which time, we were requested, bv the principal Chief, to suspend the paper, until the laws of the Nation enacted during the three last sessions of the General Coun cil, should be published in a Pamphlet form. It wa^ out of our power to give notice, to our Subscribers, of this arrangement. It was considered important to have those laws printed immediately, a« some of the courts of this nation w ill sit this winter, and as the judiciarv system has undergone a material change. In the Georgia Legislature, when the ! question ofCherokee lands was under c m- siderntion, Mr. Wofford, a member from Habersham, is said to have used the follow ing words. t .• 'I* The majority of these Indian- [Cherokees] do not wish to remain where they are. But they are kept there by cunning white men, and half breeds, for their own purposes. !t is not the interest of the Indians to stay there, and if they were not restrain ed, they would not remain one year on the territory.” The bare faced falsehood of the above re mark will appear evident from the follow ing extract of a ietetr from a respectable gentleman. “After all the exertions and influ ence of the Agent, in his recruiting tour for emigrants, he has failed to ef fect any thing. After his return he despatched the Deputy A gent and U. States Interpreter through the Nation, to take a list of those who wished ;o emigrate and endeavor to get as many as possible, hut they returned without obtaining the first one to give his con sent.” B#' it known all whom it may concern, lliat cunning white men and half breeds have had no inlluence in preventing the emigration of the Cherokees. Every per- *son who wishes to emigrate lias the perfect right to do so. The fact is, every citizen ; of this Nation is cunning. TO THE PUBLIC. The undersigned, not long since, ap prised his readers, of his resignation, as edi tor of the Cherokee Pihenix. Itwashis hone thal another person would be appoint ed (o fill his place, and that he would be per mitted to retire, and follow pursuits mod congenial to Ids health. Circumstances, however, not anticipated by him, have ren dered it necessary that he should again re sume the management of the paper. He therefore again respectfully commends his feeble exertions to the indulgence of the public, and begs of his patrons and readers, further forbearance and increased patron age. The subscriber has taken occasion to state before, that the avails of the Phoenix were by no means sufficient for its support, and that, without an Increase of subscribers from abroad, it could not exist. lie lias been hitherto unsuccessful, and but few names are now received as subscribers.— Will the public refuse us aid, and permit the Phoenix to languish? W*» hope not. If the paper itself is not of sufficient value to demand extensive support, we hope that it will, at least, be considered, by many of the friends of Indians, as a matter of chari ty, to assist us. Th * present trying state of the Indians requires that the sympathy tk eood feelings of the public should be extended towards them. If they are left to themselves to stern the torrent—if they are deprived of tlie aid of the benevolent and Christian part of the community, they will undoubtedly perish. A few years hence, it may be too lateto wish them well,and to extend unto them what they now need and implore.— The undersigned hopes that those who may- cast their eyes on this sheet will reflect on the situation and future prospects of the rer people, particularly the Cherokees—con sider their former savage condition, their present improving state, their difficulties and the inveterate prejudices of the sur rounding states which are made to bear up on, and crush, their infant attempts to be come an intelligent people. Ifthe enemies of Indians are permitted to succeed, and the Cherokees are disorganized and dispers ed, (which will be the inevitable conse quences of such success,) the great object of the Phoenix, and other exertions made by the public authorities of this Nation, and and our courage tails, when we consider the power and number of our enemies, and when we look around anil see but few friends, and very few who will speak in our defence. In this trying season we are glad to; hear even a word spoken in our favor by Editors of newspapers. Wc feel indebted to!the New York Daily Advertiser for its continued friendship towards us, but more especially, for the following timely remarks on that part of the Message of the President of*ihe UiuteJ States, which we insert al ter it. There is one part of the message which, taken in connection with the withstanding much opposition is made by the must of the intelligent part of the nation, it is believed by them, that the Cherokees cannot exist much lon ger, as a nation, distinct from those of the Mississippi*” AYe refer our readers to the extract of a letter from a respectable Gentleman, insert ed in another column of our paper. It will there be seen that this “late mode ofenlist- m?ut” has so far been unsuccessful. Etl. Ph. Foil Tin; CIIF.KOKEE PHffiMX. Mr. Editor—Permit me to offer a few remarks on the extract from the report of the Secretary of War to which it refers, we strongly disap- I Governor ol Georgia & Message to the prove. We allude to the part relat- j legislature, published in one ct your GEORGIA AND TIIE CHEROKEES. We give below some of the procee.limrs of the Legislature of the stale of Georgia, j in regard to Cherokee lands. S \ TfRDAV, Dec. 13. The hill to add the territory lying within the limits of this State and oc cupied by the* Cherokee Indians, to; the counties of Carroll. DeKalb, j Gwinnett, Mall, and Habersham, and to extend the laws of this State over j the same, and for other purposes was taken up. The first five sections provide for the division of the territory, and the addition of it to the frontier counties of Georgia. Sec. G. Provides that the laws of this State be extended over the terri tory, and white persons, residing, within the same, shall he subject to the operation of the said laws, as other citizens of said counties. Sec. 7. From the 1st of June 1830, Indians in said territory, shall be lia ble to such laws and regulations as the Legislature may hereafter pre scribe. See. 8. No Indian or descendant of an Indian, residing within the Creek or Cherokee nation, shall be a competent | witness, or a party to any suit, in any court created by the constitution or laws of this Stale, to which a white man may be a party. A great deal of discussion took 1 place, particularly oa the section re lating to the restrictions to he impos-l ed on the Indians, and on the hill gene rally, in which, Messrs. Jourdan, Ifult,| of Putnam. 1 To fiord, Iverson* Walker, Hates* Clevelandand Ryan took part-: A number of amendments were offei ed. Iffie proceedings terminated in the adoption of the provisions above stated. The hill was then read the 3d time, passed, and ordered to he sent to the Senate for concurrence. In the eighth section of the above hill, our readers will learn what is intended by securing civ*l rights to the Cherokee*.— This Christian State, the State of Georgia, is, we believe, determined to oppress us.— And wbat are the Cherokees, over whom these grave Counsellors, representatives of an enlightened and republican people, are : tyranizing? A hand full of men, we a k and . oppressed, with no means to defend their rights. Is it magnanimous, to treat such a people, in the manner that our neighbors, are trying to treat us? Our hearts sicken; iug to the Indians. The scheme of re moving the deeply injured people from their recessions within the States, to a distant settlement in lhc wilderness, is founded on gross injustice, and thefore cannot conscientiously be sane- * tinned by a Christian nation. It is in vain to talk of obtaining their consent. Their consent, if gained at all, is ac quired by duress; and duress, even by the common law, will discharge a man from the fulfilment of any contract, entered into in that situation. The trnth is, it is almost impossible to make a government feel that justice is due to such a degraded and careless race of beings as the Indian tribe. And the stupidity of white men is such, that they had rather meet the full force of the imputation of injustice, than forego the opportunity to seize their lands and possessions. It is de grading to the character of a power ful nation to oppress and injure a weak one. It is douldy so to plun der, and banish from their homes, those who have no power of resist ance. The injustice and cruelty practised towards the Indians in our country, is exceeded by nothing but by the more aggravated injustice and cruelty to the African slaves. In both cases they are national sins of a hein ous character; and happy will it In* for the inhabitants of this country, if they do not, first or last, call down mitional judgments. If the Indians ai;e forced to remove into the wilder ness. all the exertions that have loo o Tirade by benevolent men towards- tb-eir civilization, and instruction in t!i*o principles of the Christian religion, xvill he lost; and the tribes, nmv half jreformed. and rapidly improving, will be driven back to and barbarism. savage ignorance late numbers. After speaking of the solemn promise of 1802, iI is Excellen cy says, “The rules of that Tribe [the Cherokees] who have since the year 1818 systematically devoted them selves to defeat any attempt Jo pur chase out their permittedoccupation ot our lands, have, as a last resort, a- constitutionai form of government,” That the rulers of this nation have de voted themselves to any systematical mode to defeat a purchase I deny.— Their determination not to cede a foot moie land has long since been made known to the world, and it is needless to say they nave firmly adhered to this determination. Experience and ob servation compelled them to act thus, that the remnant of the tribe might he saved from ruin and extinction; and it was not the studied and artful machi nations ot speculating individuals to Keep Georgia out of her rights, as might he inferred from the above pa ragraph. If flattering, threats, or the temptations of lucre could have pre ponderated over patriotism, a purchase would ha*e been effected some years ago. That our occupancy is permitted we acknowledge, ai d it is proved by possession; though we are not in debted to Georgia for this permission, but touuthority infinitely higher. Her occupancy is permitted, and doubtless 'tis even limited like ours. But, to sav we occupy the lands of Georgia, while yet she is constitutionally, de barred from taking possession, or us ing them as hers, indeed requires a clearer explanation than is afforded by the light of his excellency’s Message, or any thing I have seen on the sub ject. Our 4 title to the lands was ac-‘ knowlcdged to be the best by both parties in the compact of 1802, of which Georgia herself was one and Th- second Session «f the Twentieth Co!»gr«* fc *' comm nc*nl rn Monday. I)r*- jrember I t. On th#* following dav, Tuor- dav, the- President's was t: ansmit- trd to both llouve®. Th? extract b**low is ail that we can find, in the Message, which relates to the Indians. At the establishment of the Federal Government, under the present Con stitution of the United States, the principle was adopted of considering the Indian Tribes as foreign and inde pendent powers; and also as proprie tors of lands. They were, moreover, considered as savages, whom it w as our policy and our duty to use our in fluence in converting to Christianity, and in bringing them within the pale of. civilization. In changing the system, it would .Seem as if a full contemplation of the consequences bad not been taken.— We have been far more successful in the acquisition of their lands than in imparting to them the principles, or inspiring them w ith the spirit of civil ization. But in appropriating to our selves tlieu* hunting grounds, w e have brought upon ourselves the obligation of providing them with subsistence; and when we have had tho rare good fortune of teaching them the arts of civilization, and the doctrines of Chris tianity, w e have unexpectedly found them forming, in the midst of ourselves, communities claiming to be indepen dent of ours, and rivals of sovereignty within tlie territories of the members jofour Union. This state of things requires that a remedy should he pro vided. A remedy which, while it shall do justice to those children of na ture, may secuie to tho members of our confederation their rights of soye- leignity and of soil. S The Cherokees east of the Jllissippi.— The following is an extract of a letter, to the Editor, from an intelligent gen tleman at Gunter's Landing, Alabama, dated -ItIi ult.—Jlrk. Gar. “Boats and other preparations are making to move on [to Arkansas] a considerable number of Cherokees, under the late mode of enlistment a- dopted by the government; and not. All the c rig its and privileges’ of i n . dividuals are! not controlled; by f{ le Constitution. | Like other people they have privileges exempted from Le»jJ iative controlment. These indiviuu u j, taken collectively compose the Ka- tion, and a Nation of people destitute of legislation jvould have their ‘rights and privileges’ but loosely controller] “Here w T ijhin our territory u , )c? , the lands forming a part r.f our Son. reign property'! is a government exe r . cising authority independent pf ou^ and denationalizing our citizens in 0 r- ■ der to strengthen itself in opposition t 0 % our will!!! This state of things car. not be endured[See Message. The nation hap ever exoreisediits authority independent of Georgia, or any state government. And were it not that the promise in’ the compact is yet to “be fulfilled, her right to do so would not h^ questioned. Neither has she made it an object or even sought to denationalize the citizens ot’ Georgia to strengthen herself, nor has she the direction of “Cupids arrovri. ,> The authority of the Nation is too licit, ed to pass an act prohibiting intermar riages, and I doubt whether Georgia herself would have the authority, or power to enforce it if passed. How then can this denationalization be checked? Cannot the state endure the policy recommended by one of her greatest men? But is it our grow, ing physical strength that it is so a- larming? No. Our w r arriors are for, and none to disturb the repose of peace. With humility and a consciousness of dependence they look up to the Genl. Government for justice, and it is there only they expect to have their grievances redressed. ’77* the growing strength of our intellect that cannot be endured; our love of coun try and unshaken faith in the Govern ment. Our rulers are men of honesty and reflection; “What disposition is to be made of the Cherokees who reside in the State? To expel them would be cruel and unjust; to leave them as mere tenants at will of their present settlement* would be a reproach to the character of the state!!! for incorporation with equality of rights as a part of our polit* ic a I Fain ily they a re unfit. Under these reflections! recommend to you to extend all the laws of the state o'er the territory dying within our limits, occupied by the Cherokees. • The Indians to be subject, as other persons to the operation of those laws. To secure to the Indians immediately ~ „<v k.. tUt i the enjoyment of all civil rights. To and that it was net affected by that m- . . v T ,„ . . .. , • . + GRAN 1 each Indian lamiiy now In strument is evident, as the Nation was . , , . .. . J ' . * r , i *>;,♦ ,i ing m the state, while they continue m not a party concerned. But hear the . & J \ . . plain ami decisive hms-unse of Presi- lt a , sulh 5\ iC!it boil - v laud for lle,r 'lent Monroe to*Congres.‘ in 1824 on ! comlortable support!!! * the subject: ‘ / have no hesitation, hoc- 1 0 ex l lf ' 1 lhem b « «P el f‘ „ . , » . *, ^ unuust. liow merciful, but wiiat ever, to declare it as my opinion, that the j . T , : . . , r / /• ,* ; , a- • ,i „ „?,* t, I is it, to tear the nation in two ami Indian tale teas not ajjecteit in the slight- 1 est circumstance by the compact with Georgia; and that there, is no obligation on the ! hi ted States to remove the, In dians by force. 'The express stipula tion of the Compact that their title should l)e extinguished at the expense of the United States, when it may be done on peaceable and on reasonable con ditions, is a full proof that it was the clear and distinct understanding of both parties to it, that the Indians had a riiiht, in the disposal of which they were to he regarded as free e^rn/s.” The adoption of a constitutional form of Government w as for the bet ter administration of justice, that method should he observed in enact ing laws; and not as a last resort to to defeat Georgia in her rights. If her rights are good let them be real ized, hut if ours are better we claim her attention to them as a rfiember of the confederacy. If we have a right to make laws for our own government have we not the right to observe or der and regularity in their construc tion? Query—Was the constitution of Georgia adopted, to affect the Ya zoo purchase? “By this instrument the annuity paid to the tribe by the United States, and all the rights and privileges of individual Cherokees are controlled.” [Seo Message.] The United States are bound io pay to the Nation the an nuity, and not to distribute it. The Nation has vested in its rulers the power to manage this fund, and it is applied by the*! to the support of the government, and other National pur poses. Much more advantage and benefit is desired from its present dis position, than if distributed, which would probably bo about fifty cents per bead. Would the authority of the state have this fund equally divid ed out, and thereby think to hasten a dissolution of the Nation? vide it without its own consent—set aside the Constitution of the United States and existing treaties, and legis late away a large portion of their ter ritory, subject to be settled by white citizens of the slate—extend the laws of the slide over the Indians, to be no longer blessed with their own whole some regulat ions, but subject to lav's under which! the robber might enter and plunder j their dwellings, ond, in seeking redress, denied their testimo ny in courts of justice? Let his Ex cellency's recommendation be carried into effect: and under the simultaneous and portentous events that would en« sue, the Cherokees would sink to rise no more. Though they have been (be most favored of all Indian tribes—- have stood with safety upon the very precipice from whence others have fallen, and bqt a faint recollection left of their existence—though they bare surmounted innumerable difficulties, and are rising in respectability, y et under this cold and withering policy, their eternal I fate w ill be sealed, end they must pirish from among the na tions of the ejarth. The reflection of their once flourishing condition and happy enjoyments will only add to their sufferings, Now r tell me what is cru* elty and injustice, and reproachful 1° the character of a state? Better faG to raise at once the arm of power anu say ‘we are strong but thou art weak, power is right remove or be expelled, for it is in virtue the same but perhaps a more decent w ay of coming round- But I am fully satisfied that the Che- rokees and their lands are yet safe, and are likely to remain so; and that d betrays w eakness to believe for a mo ment that the Genera! Government w ould act the part of a silent sp e( ' ta ' tor to such transactions, when her own character would be tarnished. . Hu manity alone would forbid it,.f vcD were the voi|ce of justice silenton tho