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alii) provides fur UnT'^vrumoliou oi
llieir civilization.
*. By the act of ;7:li .January, ISOO,
th.»i of lue 3<i of iVl.trcii, 12Jd^vas
ooitiund in jforce until the 3J of
March, I8J2.
rue act of 30th March, 1SJ3,
provides by the 1st section fur clear- ;
ly iseertas.ii ig and distinctly mark* I
i*ig the boun liries Unibetween the Unit- j
cA States aid various Indian tribes, !
ooufor ning, as respects the Ciicrokces*, !
to the treaty with them of 3d Octo
ber, 170S,, and by the 13th section
again providing for the promotion of
their civilization. And this act was
in force when the United States en- j
tered into that agreemoent with one of
themselves, known as the agreement
of vllh April. I3J2, ratified by Geor
gia in the June following.
Notwithstanding all this, the Com
mittee of Georgia, in their report of
5th December, 1827, complain that
Ilia United States have managod “»o
“to a id to the comforts of the Cherokee*,
so instruct them in the business oj lius
u bandry, ,vs to yttach them so FIRM
LY TO THEIR COUNTRY AND TO THEIR
“homes, as almost to destroy the last
1 'ray of hope th<tt they wovld ever con-
“sent to part with the Georgia lamls
Your memorialist believes that the
foregoing statements and extracts will
he sufficient to give your honorable
ho ly a view of the whole ground, so
far as the good faith of the State of
Georgia and of the United States are
involved in this subject;& that they are
in j^t deeply involved, cannot be ques
tioned.
Every document to which'these In-
fli ms arc a party, shows cither by pos
it ive assertion or where whitemen seem
to have studiously avoided giving it
expression, by other plain internal ev
idence, that they were a perfectly
free and independent people,* subject
to their own laws, asserting and main
taining their sovereignty over their
o'vn soil, though most genernos in their
gain's of it frequently putting them
selves under the protection of Great
Britain and the United States, but not
under their jurisdiction.
These documents and those apper
taining to the settlement of this colo
ny. with the history of it as recorded
bv ourselves, show that the white
man had no authority for settling upon
the lands inhabited by these. Indians,
and show also, that, however great
the thirst for dominion on the part of
th’ governments of the old world, yet
Great Britain, as remarkable for her
disregard of the rights of others, as
vigilant in guarding her own, seems
never to have cntertaintJ the mon
strous thought of subjecting the Indians
of Georgia to English law.
Knowing as we do the wide diffr u
eneo existing between the manners
and customs of the two people, the
total ignorance on the part of the In
dians of those laws, of the language
even in which they are written, how
can the idea of such cruelty be toler
ated, as that of subjecting them to
our laws? It would cast a stain upon
pur state, which would be constantly
pointed at by those of monarchical
principles, who are envious of the
success of our republican institution—
it may tend to make these institutions
ns odious, as it should be our study,
by justice, good faith, and generosity, ;
to nuke them venerable & exatyed. •
As it is not vet too late, I pray you
to contrast the conduct efGreat Brit
ain to those generous but unfortun
ate people, with that conduct which
the lute politicians of this state pro-
pnse lo pursue. Compare the report
of the hoard of trade to the king in
17-53, yhU the report of the joint com-'
vt'ilc cn the state of the republic to
the' \le of this stale, in December
J S3' id you cannot but perceive
u.ifav ■ i’-ably we shall appear; how
altogether forgetful that committee'
sten t i have been of the honour and
ro.);!ta*ion of our country.
The -iritish.report, in recommend
ing KW's for the province of West
"Florida ises the following terms:—
/ “Wept Florida, to comprehend all
' .p Yea-coast from the river, or
' 1 ' it river, towards the Mississippi,
hi ;is your majesty’s frontiers ex-
‘ •'tt-ii,- ard stretching up into the land
“a* far as the thirty-first degree of
“north latitude, which we humbly ap-
,( prchdhd is as far north as th$ settlements
“cm be carried, .without interfering
“with lands claimed or occupied by the
** * Minns ”
Tho report ef the*committee contains
the following:-—
“Your committee wauld reeora-
“mcndiha 4 '"xe other, and the last ao-
' : p<ral be mad* to the general govern*
“me»t,with a view to flpenn hegooiation] of one thousand three hundred
••with the Cherokee Indians upon this cal's?
“suiijeot. That the United States it,may, to be sure, be alleged that
•‘do instruct their commissioners to :l\i» iiipublic was within the dominions
••submit this report to the said In- oUtik* pope, who is accused oi wor-
“diuurf', and that if no such negotiation (shipping slocks and stones, and that
“is opeued, or if it is, and it prove' to liierelorc it could not be considered
“bo unsuccessful, that then the next} as'forming a proper example to be
“Legislature is recommended tr lake' followed by a protestant and reforin-
“inlo consideration the propricy of us- j cd people; but 1 submit it to the con
ing the most, efficient measures for j si derat ion of your honorable body,
“taking possession of, and -• extending
“our authority and laws over the
“whole of the kiids in contoversy.”
We may iudetd take th«e lands—
there is the physical streigth to do so,
and the United .Stales executive may
not order a mililary i’oree to dispos
sess us, thougl Washington himself
has set such anlexample, in behalf of
this very natiui, against encroach
ments on the side of Georgia.. Or we
may subject them poor people to our
laws, of which "they have no. knowl
edge, except berig inoperative to pro
tect them; laws written in a language
of which they are ignorant, »ased up
on manners.to which they are stran
gers, or altogether averse. Me may
surround them with those worst af en
emies, the meshes of our laws en
forced by a people who we know hold
them, their habits, customs, persons,
colour, and every thing pertaining to
them, in the utmost contempt: we may
thus enslave and exterminate them,
for experience shows that such a
course will exterminate them. There
is an immense amount of floating in
famy arising from the conduct of the
North American Europeans towards
the Aborigines of this country; such
conduct will attract it to, and concen
trate it upon Georgia. The feelings
of the age, the state of the press, the
rivalry of particular systems of gov
ernment, and particular sections of
country, all will contribute to this'—
Her suns will meet it at every step
in the course of life; her politicians,
her representatives, her senators, her
travellers, will be twitted with it.—
When the faith of treaties is discuss
ed, when encroachments upon a ter
ritory or the oppression of the weak
are spoken of, when the hard but un
deserved fate of the Aborigines of the
country is alluded to, shame will suf- ;
fuse their cheeks, and they cannot but"
curse the memory of those who could
thus sully, the reputation of their
country and wound their own feelings,
The justly infamous partition of
Poland will be forgotten in the more
recent and less excusable conduct of
of Georgia, should she extend her
laws over the Cherokees and their
country. For the despoilers of Poland
did no more than subject it to their
laws; nor did they do this for the pur
pose of wresting the soil out of the hands
of the original possessors,, of exter
minating the populatioh, or forcing it
to abandon their homes and fire-sides;
unlike .he Poles in all their relations,
the Cherokees are cut off from an in
tercourse with foreign countries;
they have put themselves under the
protection of the United States, and
Pave relinquished their right of alli
ance with other power by a formal
treaty, which it is not doubted would
be enforced against them, were they
to attempt to form such an alliance.
They are not aspirants for power or
control in the government of their
neighbors, 30 little so indeed, that
when, by treaty • with the United
States, they were entitled to,send a
deputy to congress, they madg po use
of the stipulation.
Your memorialist has heard it said
by way of reason or excuse for ex
tending the laws of Georgia over the
Cherokees and their country, that it
is contrary to all principle, and,cannot
be permitted to allow a government to
exist within the territory, and be in
dependent of another government, an
imperium in impend, as it is termed,
and this seems to he considered so
conclusive as to put the subject be
ypnd question.
Those who useit, however, must
shut their eyes both to history and td
fact, and the most conspicuous of them
contradict in this, the very principle
which they insist upon in other cases.
What are these United States but
an example of imperium in impe
rial or if they are not, what becomes
of all the argument* we- have' lately
heard in support of stale- rights and
stale sovereignty, in support of which
they seem willing to jeopardize the
safety of this glorious and happy u-
nion? How shall we dispose of the
historical example of the Republic of
St. Mariuo, which has continued
.sovereign and independent within the
limits of another sovereignty for up-
wbether, if we immolate our reputa-
tion>for the acquisition of these lands,
we shall nut more justly' subject our
selves to the imputation, at least of
sacrificing to trees, and earth, and
rocks, and to be called an idolatrous
as well as a cruel people.
In most cases where it is intended
to stretch the hand of power over a
people, the plea of necessity is brought
forward as the excuse. So frequently,
indeed, has it been thus adduced, that
this plea is now almost cofisccrated. to
tyrants; but even this cannot be used
in ourcase. Our own experience proves
that if we make laws to restrain our
own citizens who are borderers, from
committing depredations on their In
dian neighbors, all may go on harmo
niously; whereas endless and inter
minable difficulties must arise.from
extending the laws so as to embrace
hcin. You all know', you cannot be
ignorant of the feelings of the white
borderers of this state towards their
red brethren. Indeed, the feeling 1,
allude to, is not confined loour border
ers, for you may find evidences of it
where, if not powerful and general, 1
it could not be exhibited—1 mean in
our laws. They, of thctnselves, will
prove how entirely wretched, and ut
terly hopeless would be the situation
of the Indians under the control of a
people influenced by such feelings as
they exhibit. Your honorable body
have only to turn to those passed two
sessions ago, to find ah act to prevent
the evidence of an Indian, or the de
scendant of an Indian, not understand
ing the English language, from being
token in any court of justice in this
state, however exactly he might ad
here to the truth, and your memorial
ist is informed that but for the sug
gestion of an honorable member of the
Assembly, not a native of the slate,
the act would have made the evid
ence of some men who stand high for
integrity and intelligence, and hold
offices of honor or profit in the state,of
no more avail in a court of justice,than
if they had been as notorious for untruth
as they are for veracity, and as it now
stands, the value or admissibility of
their testimony by this law, seems to
depend, not upon their being govern-'
ed by morality, but upon their under
standing English! and this merely in
consequence of their Indian descent.
Another reason' or excuse which
your memorialist has heard alleged
for the course which is proposed to
he pursued, is that the Indians take,
and are influenced by the advice of
white meu,or by Indians of a different
tribe. But why should they not take
any advice to which they can have ac
cess? M r hy refnse the counsel of
any, even of'a different tribe, in whom
they have confidence? What kind of
objection against |Ji6 United States
would it have been considered, to
have.alleged that one of her mopt gal
lant generals, La Fayette, was a
Frenchmen; that one of her most con
summate statesmen, Hamilton, was a
West Indian; that her most confiden
tial secretary to congress, Thompson,
was an Irishman; or how can Georgia
of all other states, raise such an ob
jection, having herself employed the
services of a Franklin, and been under
the influence of a Telfair, a Matthews,
a Walton, and a Jackson, none of
whom were of her tribe; a wise peo
ple will, and should use all the talents
to which they can have access, and it
is ns proper to make their doing so an
objection, as to object to their be
coming civilized, and to loving their
homes and country too intensely.
The hostile feeling which is enter
tained towards the Indians, is made
use of as anether reason for their re
moval over the Mississippi, it being
asserted that they rill never be allbwed
to reside upon their lands here in peace.
Upon thisjpeirrait your memorialist io
say that if the Cherokees are to he
removed from their native country*
for fear of hostilities from their pres
ent neighbors, who are the inhabitants
of North Carolina, South Carolina,
and Goorgia, three of the old thirteen
states, who can pretend to entertain
the opinion that they would be njore
secure, or be nllowod to live more
peaceably in that Arab country spok
en of for their residence; a country
certainly not as civilized aa.tlie slates
we have mentioned, atiu Which, Ida
few ages, must lose most ol what she"
possesses, from her extent and spatse-
ncss of population; and if the title of
the Cherokees to the lands which
have never been conquered from them,
which they have never ceded away-,
which they have from time iinpic.mo-
rial occupied, which is fenced in upon
all sides both by laws and treaties
with those wlio now claim it: if their
title to these lands be' by one of the
old states deemed defective, How are
they to obtain an unquestionable title
to any other?.
May not some new reading of the
constitution he brought by their new
neighbours to show that congress had
no power to bargain away the public
lands, after the title had been once <
vested in tne United States?
May it not he contended that though
the Indians may relinquish, they can
not take a title, with as much foree as
that because they cannot understand
English, they should not be believed?
May not Ihc same argument which is
now with miyiy conclusive, again be
revived on the west of the Mississip
pi, by their then benevolent neighbors,
that they cannot permit the Indians
to live peaceably, and that therefore
it will he better for themselves that
they should be removed, perhaps, to
the snow-clad Rocky Mountains.
The Georgian committee of 1827,
upon the state of the republic', re
commended to the Assembly the a-
doption of seven resolutions, three of
which are in the following terms:—
“Resolved, That Georgia entertains
“for the general government as high
“a regard, and is ns solicitous to do no
“act that can disturb, or tend to dis
turb the public tranquillity, that she
u will not attempt to enforce her rights by
“violence, until all other means of re-
4 'dressfail.
, “Resulted, That to avoid the ca
tastrophe which none would morfe
“sincerely deplore than ourselves, we
“make this solemn-this final—this last
“appeal to the President of the Unit -
“ed States; that lie take such steps as
“arc usual, ami as he may deem cx-
‘•pedient and proper, for the purpose
“of, and preparatory to, the holding of
“a treaty with the Cherokee Indians,
“the object of which shall be, the ex-'
“tinguislimont of their title to all or
“any part.of the iands now in their pos
session, within the limits of Geor
gia.
“Resolved, That if such treaty he
“held, the President be respectfully
“requested to instruct the Commis-
“ si oners to, lay a copy of this report
‘before the Indians in Convention, with
“such comments as may be considered
“just and proper, upon the nature and
“extent of theGeorgia title tothe lands
“in controversy, and the probable con-
“sequences which will result from a
“continued refusal upon the part of the
“Indians to part v>ith those lands. And
“that the Commissioners he also in-
“structed to grant, if they find it abso-
“lately. necessary, reserves of land in
favour of individual Indians, or inhab
itants of the nation, not to exceed one-
“sixth part of the territory to be
“acquired, the same to be subject to
“future purchase by the general gov-
“ernment for the use of Georgia.” .-
However extraodinary many por
tions of these resolution* may appear,
I shall only notice here that part of
the last one which requests the com
missioners who are to treat with the
Indians, to be instructed to grant
some of the individuals of the nation a
portion of their own lands, which are
now held in common—and I will no
tice it merely by quoting an article ol
the Constitution of the United States,
to show how particularly alive we
are, and how careful to prevent tha
influence of much lejss potent argu
ments'upon our own servants, and not
only our servants, but upon our citi
zens. .
“If any citizen of the United States
“shall accept, claim, receive, or re
gain any title of nobility or honour,
“or shall, without the consent of
“Congress, accept and retain any pre-
“sent, pension, office, or emolument;
“of any kind whatever, from any era-
“peror, king, prince, or foreign pow-
“er, such person shall cease to be a
‘‘citizen of the United States; and
“shall be incapable of holding any
“office of trust or proflit under them,
“or either of them.”
The impolicy of the course recom
mended by the committee of 1827, i«
as obvious as its injustice and want of
faith, but your memorialist will no
longer* trespass upon the valuable
time of your honourable body, resting
confident ifi the opinion, that if he
been successful in making obvious to
you, any of the points he has attempted
to elucidate, you will follow the mem
orable example handed dotyn byaa
ancient people, and regard every
measure impolitic, which is in th«:>
least dishonorable. • i.f.
ROBERT CAMPBELL.
Savannah, 21th November, 1828. 1
NJEW ECHOTA: :
WEDNESDAY, APRIL 39, 14*>.
Mr. David Brown, who is about to
make a tour in Alabama and West Tennes
see, is appointed an agent to procure sub
scribers and receive payment for the Clicr--
okce Phccnix. : ■••
We are under the disagreeable necessity
of suspending our paper for a week, or pos
sibly more, for Want, of ink. We. have,
been disappointed in the expectation of a
seasonable supply, which we made an ef
fort to procure.
Wc present to our readers, in our first,
page; the memorial of R. Campbell, of Sa-.
vannah,to the Senate of Georgia, Wc reV
ceived it in a pamphlqt forip. Theauth*V
states in his advertisement, tivat the honor-
ablc Senate,after hearing two or three pa>.
ges read, refused to hear any more of if f on
account of disrespectful language,' but com
mitted it to the joipt Commitlefe On the
state of the Republic. This Committee
also refused to hear any part of it 'on the
same ground. This is a very good com
ment on the liberality of the Legislatut* of
the Slate of Georgia. The memorial will
speak for itself. We publish it especially
for the benefit of the citizens of this nation,
to shew them that they have worthy friends
etfeti in' Georgia. -
We understand, that a party of the
Creeks who emigrated to the »cst of the
Mississippi not long since, have returned^
by Way of Creekpath, _ to theirold country.
fOR THE CHEROKEE PHCENIX. '
Mr. Boudinott—I noticed in a late
number of your paper a selection from the
Monthly Review, containing aq extract
from Worsley’s view of the American In
dians, in which he gives a summary vi^w^op
his argument in favor of the proposition
that they arc descendants of th'c lohg lost
ten t,nbes of Israel. Several stateaiicntsiare
there made, as of general application to the
Indians, which, being inserted in the “Cher
okee Phoenix,”if they stand uricontradicted,
will be iuferred to be true as applicable to
the Cherokees. .It doubtless best that
the truth should be koowtw that those, who
pursue the inquiry respecting the origin of
the Indians, may build their conclusions on
ly n*al facts. I therefore offer a few ee_.
marks, premising that my knowledge is
limited, and that, if I should make any mis
takes, they are made where they are, 1 per
haps, as likely as any where to bd» correct
ed. .
It is said that the Indians have a tradi
tion prevailing universally that they came
into this country [America] at the' north
west corner. I have not !&rned that
there is such a tradition among4he Chero
kees. If it exists will not some of yo«r cor
respondents inform us of it? Some of the
aged Cherokees, at least, scem<to hav$ un
derstood the tradition to be, that the In
dians Were created in America.
They have, it is said, entirely egpaped
the idolatry of the old world. - It is true, I
believe, that the Cherokees have never wor
shipped .images. Their Conjurers, how-
sver, address themselves to imaginary be
ings, who are not God; such as the great
white dog, the great bear, the; lizard fcc.
TheOsages, it would seem, have regarded
earth and the heavenly bodies as gods, and
directed their worship to them. [ See
Miss. Her. pp. 123, U4 of the.tajrent vol-
urrte.j . . „•
U isaho said that the Indians “acknowl
edge one God, the Great Spirit, who creat
ed all things, Been and unseen.” The
Cherokees certainly acknowledge one Su
preme God, nor do I suppose that their con
jurers would consider the white dog and
the great bear &c. to whom they direct
their prayers,in the light of deities, proper
ly speaking. In regard-to the spirituality
ofGod, however, I am not convinced that
they Have any correct ideas. Certain it i«
they have no name Ibr thf Deity which sig
nifies the Great Spirit. The same is true
of the Choctaws, of ; Whom the R»*v. Mr.
Wright affirms that‘ “tAey have no eoneep.
tion of a being pur Hy, spiritual}” and, as I
should ihfer from the arcount of the reli
gious traditions of Hie Osages, to which I
have already referred, it is true of them also-
According to the accpunt oflhe Rev. Mr.
Hurris, missinnarjr among the Senecas, it
appears that that tribe formerly “regarded
God as no other than man.** I am app#