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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#