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feHKBOKBE PHOENIX AND INDIANS’ ADVOCATE. a—B—igMMg .1 .1 From ihe National Intelligencer. fRHSENT CRISIS IN THE CONDITION OF THE AMERICAN INDIANS NO. XVI. The next inquiry will relate to the title tonveyed to the first European settlers of Georgia, by the charter ol the British crown. There are some people, even in our Republican coun try, who appear to suppose that there is wonderful virtue in the grant of a Kiug. But is it not manifest, oil the bare statement of this subject, that not even a King can grant what he does not possess? And how is it possi ble that lie should possess vast tracts of country, which neither he, nor any European, had ever seen; but which were in fact inhabited by a numerous Independent nations, of whose charac ter, rights, or even existence, he knew nothing. Many grants to A- merican colonists were hounded by lines running West from the Atlantic to the Pacific ocean. This was par ticularly the case with the charters of Georgia. Will it be seriously con tended that a royal grant of this kind conferred any rightful authority to dispossess of their territory t he origin al occupants of the. Soil? From such a principle it would follow, that all the aboriginal inhabitants might be lawfully driven into the ocean, and literally and utterly exterminated at Once; for the European powers, by their proclamations and charters, di vided the whole American continent among themselves. But who will dare to advocate the monstrous doc- fri \o. that the People of a whole con tinent may he destroyed, for the ben efit of the People of another contin ent? It is very easy to understand, that England, France, and Spain, would find it convenient to agree upon cer tain boundaries among themselves, so that the subjects of one European P wer might not come into collision with i iie subjects of another. All this was ’.vise and proper; and when it was aeeorfVplishod, one of these Pow ers might properly grant Citvied lands to its subjects; not en- K.^y.cr, llpuu ilic oi I” In al rights of the. natives, or the con ventional rights of Europeans. For these two purposes, viz: The preven tion of strife between new settlers, and the establishment of colonies upon territory not claimed, or the claims to which had been, or might bp ami cably extinguished—the charters of European Governments were ex tremely valuable. Further than this they could not go; and the very idea that they could divest strangers of their lights is utterly preposter ous. It is true that the Pope, imme diately after the discovery of Amer ica, issued a bull, by which the kings of Spain were authorized to conquer and subdue all the inhabitants of the new world, and bring them into the pale of the Catholic church. Abou t a hundred years afterwards, Queen Elizabeth, much in the spirit of pope ry issued a proclamation, by which slip directed her subject* to subdue tlie Pagans of this continent. But the people of Georgia will not build upon cither of these foundations. None of ihe Protestant colonists professed to act upoii'sm h,principles; and the first getllbrs from England, as a general tiling, if not uni versally, obtained of natives, by treaty, the privilege of the commencing their settlements.— Whenever they afterwards got in pos- g'ssion of lands by conquest, they did jo in consequence of what they con sidered to he unprovoked wars, to Which the Indians were instigated, either by their own fears’ and jealous ies, or by the intrigues of European nations. It is undeniable; that the English colonists, as a body, and for a hundred and fifty years', disavowed, 93 principleantf practice, Ihfc doctrine that the aborigines might be driven from their labels because they were an uncivilized people, or because the whites were more powerful than they. I have not been able to find an assem bly of legislators, anterior to Decem ber, 1827, laying down the broad principle, that in this case, power be comes right: a memorable declaration, which was made by the Legislature of Georgia, in one of the paroxysms of the present controversy. Let it be fixed in the mind; them that live charters of Biitish Kings however expressed, of whatever might seem implied in them, could 0# divert the Indians of their rights. ^ The charters of Georgia are cited in the famous case of Fletcher vs. Peck, (6 Cranch, p. 87,) & it may be presumed, that all the parts which havo a bearing on this investigation, are there copied. The first charter was granted by Charles the second, one hundred and sixty three ybars a- go, and embraced all that part of North Arcierica which lies between 29 and 36 1-2 degrees of North lati tude; that is, a tract of country more than five hundred English miles broad, extending from the Atlantic Ocean to the Pacific. It granted the territory, “together with all ports, harbors, bays, rivers, soil, land, fields, woods, lakes, and other rights aud privileges therein named.” So far as appears, the charter said nothing of the native inhabitants. Whether it said any thing in regard to them, or not, is im material to the case now in hand: for as I have already observed, no man will undertake to maintain the propo sition, that the unknown tribes and natives between the Atlantic and the Mississippi, and thence Westward to Mexico and the Pacific could have their rights and property justly taken from them by the signature of the British King in lus Palace of White hall. The rights derived from this char ter were surrendered te the British crown in the year 1729. Three years afterwards, George the second incorporated James Oglethorpe and others, as a charitable society, which he styled “The Trustees for estab lishing the colony of Georgia, in A- mericn, with perpetual succession.” To this corpoiation he granted all the lands lying between the rivers Savan nah and Altamaha, and between par allel lines, drawn Westward to tlie Pacific, from the heads.of said rivers respectively, “with all the soils, grounds, havens, bays, mines, Miner als, woods, fivers, waters, fishings, jurisdictions, franchises, privileges, and preeminences, within the said ter ritories.” In the year 1752, this charter was also surrendered to the crown.— A royal Cni-ornmoi't was instituted in 1754, over the colony of Georgia which was bounded in the same man ner as the tract granted <0 the corpo ration above described. This tract embraced all the Northern part of the present States of Georgia. Ala bama, and* Mississippi, and extended Westward to the South Seas, as (lie Pacific Ocean was then called. By the peace of 1103, it was a* greed between England and Spain, that the Mississippi should be the Western boundary of the British Col onies. The same year a proi lama* ion was issued by George the Third, which, among" other things, annexed to the Colony of Georgia, what is now the Southern part of the States of Georgia, Alabama and Mississippi. The same proclamation contains the following passage: “That it is our royal will atid pleasure, for Ihti present, as aforesaid, to reserve under our sovereignty, pro tection, and' dominion, for the use ol fhe said Indians, all the lands and ter ritories not included within the limits of our said three new Governments, or within the limits of the territory granted to the Hudson s Bay Compa ny, as also all the land and territories tying to the Westward of the Sources of the rivers, which fall into the sea from the West and Northwest as afore said-, and we do hereby strictly for bid, on pain of our displeasure, all our loving subjects from making any pur chases or settlement whatever, or ta king possession of any of the lands'a- 'hove reserved, without our speciai leave and licence for that purpose first obtained”’ The lands'tiofv in dispute between Georgia and the Cherokees are with* in tlie description, which is printed in italics; and were therefore reserved for the use of the Indians.” Thus matters remained, so far as the Brit ish Government was concerned, till the close of the Revolutionary war.— By the peace of 1783, the Colony of Georgia was acknowledged to be one of the independent States of America. There can be no doubt, that the Slate of Georgia thenceforward might exercise, within her proper limits, all that authority, in regard to the In dians, or any other subject which ei* Iher the Colony of Georgia, or the British Government might have pre- iously exercised. It is to be under stood, however, that any modifications of her pow°r, which Georgia made, either by entering into the old con federation, or by adopting the present national Constitution, are to be duly regarded. There are no means within my reach, by which the claims of the British Government, in regard to the possessions of the Indians, can be ac curately known. Nor is it of any con sequence that they should be known. Unless they were founded in reason aud justice, they could be of no valid ity; and in regard to what is lounded in reason and justice, impartial, dis interested, intelligent men ol the pre sent day, can form as correct an opin ion, as could be formed by the Kings of England. It is admitted on all hands, and is even strenuously contended lor by the people of Georgia, that the Indians were considered by the British crown, as under its protection. From this claim of the crown, it r*' inferred, that the Indians held tliMr lands by permission of the crown. Now 1 hum bly conceive, that here is too large a leap from the premises to the conclu sion. There is a distinction between affording protection and usurping un limited control over rights and prop erty. llovv many small States re mained for hundreds of years under the protection of the Roman republic? The greatest men in that republic were always proud of their good faith to their dependent allies, so long as these allies remained faithful. The right of retaining their territory, laws, customs, and habits of living was not invaded. How many small States arc there in Europe, at this moment, pos sessing a limited sovereignty, and re maining under the protection of larger States, yet exercising the right of ad ministering their own government, in regard to most essential things, as truly as the State of 'Massachusetts, or South Carolina, administers its own government? Would it not be safer to infer, that the Fndians were claimed' io lie under the protection of Great Britain be cause they had important rights, which needed protection's rights which were in danger from the encroach ments of other European nations, the avarice and fraud of speculators, and tills hostile ina. iiiuatioiis of neighbor ing tribes? A guardian is the acknowl edged protector ol his ward. Is il sound law, therefore, that the guar dian is the sole owner ol his ward's properly ;&may set the helpless orphan adrift in ihu world? The father is the protector ol his children: may he, therefore oppress them, dishearten them, and thus prepare them to be- | come outcasts and vagabonds? A husband is tile protector ol his wife: may he, therefore, abuse her, repudi ate her without cause, and drive her from her own house aud her patrimo nial inheritance? As to the power of Geotgia within her own limits, some remarks will be made in a future number WILLIAM PENN. THE DUTIES OF CHRISTIANS TOWARDS THE ABORIGIN ES OF THIS COUNTRY. Certain measures recently adopted by onr General government, disclose a policy that is replete with danger to the interests of religion among the aborigines of this country, and a ciouu is thus thrown over a fair pros pect of the ultimate civilization r.iid conversion ot nearly *i0u,000 souls. With such consequences before our eyes, there is no exaggeration iu say ing that it is the solemn duty of our country to make united, earnest aim immediate effort to avert the dangers which are thickening around the In dian population, within our borders. Is the inquiry made, what shall Christians do? W'hat efforts con liiey make? The answer is obvious Lot correct views of tins subject be diffused over tlie length and breath of the whole land. Let ten. thousand “winged messengers ’ of the press be sent forth. Something in this way lias already been done and well done. Tlie able numbers of Wm. Penn, now publishing, meet with a wide circula tion. Circulate them still more widely. Let addresses also be made to assembled multitudes in those halls which first echoed to the accents of liberty. Let tlie pulpit speak. It never spake in a holier cause. When every city, town, village, house and heart is formed and aroused, and the whole population of tho land be- ! comes penetrated w ith a sente of du ty, and fully determined to do justice to the Indians, let a memorial to our national legislature be draughted, stating in strong, firm, and respect ful language, the views and feelings of every American Christian and phi lanthropist. While these exertions are made, it may not be forgotten that missiona ries and converts are in the field whose hands need our aid and whose hearts need our sympathies and our encour agement. They shall secure our aid, our sympathies, and our hearty encouragement. We will bid them behold examples of those Apostles of the Indians, whose footsteps they are pursuing. We Rill tell them to per severe, and soon they will reap a like reward. Another duty which devolves upon Christians in this country, is fervent intercession, There is One who will listen to the prayer of the most un worthy individual, and will He not bow down his ear to the united sup plication of American Christians when their hands are raised in ear nest .entreaty for wretched Indians? Every Christian in American is call ed, when he k pee Is in his closet, and when he mingles in the hallowed de votions of the monthly concert, (0 pray for that much injured race; and let no one refrain from supplication till the almighty appear clothed with deliveiance. If any one objects that this is doing too much for a few Indians, I ask, is it then too much to lie done for 500,- 000 souls? Is there any touch of na ture in us? Have we any sympathy for suffering humanity? And shall we not feel and act and pray when we see the wretched condition of so many immortal beings? Do not (lie wrongs which have been heaped on the Indians for 200ycan£ call in notes of thunder for reparation? Or is it so, that we have never taken unjust possession of their lands? never cor rupted them with our vices? never plunged them by thousands iu the burning lake of intemperance? never been grossly unfaithful to their im mortal souls? Oh my country, would that thou were not crimsoned witli this guilt! But my country is guilty; her garments are stained with blood, and unless accumulating wrath be averted, there will be a day of retri- oution. Another view of this subject is, that in reference to the oborigines of this country, a crisis has' arrived. In a tew months the halls of congress will become an arena on which will he agitated one of the most moment ous questions that ever came before a national council. Shall the Chero kees be removed from their lands? A question that ultimately affects not one alone, hut every tribe within our liiiiiis. On the one side there is wealth, power, interest, talent, and an unyielding determination to ef fect its object. On the oilier there is Justice. But will ihe Indian find an advocate? Christians, he extends tiis imploring hands to you; he says, Remove us from our cultivated lands and we shall again roam the desert. Seperate us from tlie place Where wc have learned heavenly wisdom, and our children u iti live‘and die ig norant oi the biessmgs of Christianity. Lei us remain in this land of our la thers with our schools and our beloved missionaries.” Teii me, Christians, snail the Indian find an Advocate? i>o to turn as you would wish him 10' do 10 you. Do as Mayhew, as ui- lioi, as Wrainerd wonid do. Remove tlie Indians wow, and how long will it no ere 1 anotner wave of population sweep them to the rocky mountains? flaw long ere successivs removals extinguish me iignt of Clnisuaniiy, that now shines among ihem. f How long ere the whole race become ex tinct? The ancient churches which once ilourisned among them are not; and ot the 2,0UU,UUi) which once lived within otir limits 1,5'J0,000, and many intermediate generations, have perished m the pit which civi lized man has dug lor them. Those who now remain are inciting away like snow flakes that fall into the wa ters of the Mississippi. Jf Christians do not make immediate efforts to save them, their days will soon be’number* ed. Their last family will soon take refuge in the declivities of the Rocky mountains! One by one will that fam ily perish. The last survivor, standing on those mountains and looking down on millions then beneath him, will say* ‘‘Woe to the govern* meat of this countryl for tin? violation of its faith, pledged in solemn ti untie*. Woe to tho inhabitants of this land, of their lust of dominion, and fraud and oppression! Woe to the Chris tians of this country, for their neglect of the souls of Indians!” Jour, of Humanity. We publish on our last page, No,. 12 of tlie papers of “Wm. Penn’* on the subject of Cherokee rights. Those who have followed the writer thus far, will need no prompting to read the few numbers which remain. It is not our custom to publish so much on any one subject; but we have considered the case in hand as one of peculiar importance, inasmuch as it involves the best interests of the Cherokees, and the reputation of the country abroad. It has been the ob ject of William Penn to show that the government was bound by solemn Treaties, repeated and at various shapes, never to deprive these Indians of their remaining lands, except with t’’cir voluntary consent. And if he has not succeeded in his object, thenf it is impossible to prove that we are' bound by Treaties with Great Britain France, or any other nation;—unlesg it can be shown that Indians are not human beings, or that compacts with a, people of a different complexion from our own, may he broken and violated at pleasure. What gives the subject particular interest at this riloment, is the universal expectation that it will he brought Upon the floor of Congress at the hfext session, and finally disposed of, either according to tlie principles of equity and good faith, or else in a manner which will inflict everlasting disgrace upon the government and country, in which we live.—The manner, in which the subject is regarded by other*, may be inferred from the .fact that these numbers of William* Tenn, long as they are, have been copied and are copying into not less than fily respec table newspapers in different parts of the land, and generally with the most unqualified expressions of approba tion.—Jour, oj Com. NOTICE. *1)5/"ILL be sold to the highest bidder on ▼ » the 1st clay of December next, at the late residence of Janies Pettit near Conasauga, between sixty anil seventy a-i. cresof , CORN. as it stands in the field, and from six to SOW en hundred bushels of Corn in the crib, and' twenty five slacks of FODDER. ALSO, on the 2d of December, at the house oi Edward Adair, -scventeei. head of CATTLE, and one likely negro man r . n&ined iaiw iu> ha* Ma £ all levied on as the property of James Petr tit, to satisfy a judgment obtained against said Pettit in favor of Elizabeth Pettit.-.— J’he. above property will be sold unless re*' deeiiied^ .• xt JOSEPH LYNCH, Marshal. Nov. 4, 1829. 30 t J,s. INFORMATION WANTED. Subscriber living at the Head of 1 Coosa, Cherokee Nation, wishes to. know where a certain young man now re-. sides by the name of JOHN E. GIBBS, by occupation a Printer’, who a few months since came from JMcMinn county, East i ennessee, and got employmentiin the of-. b£ e 0 J ie Cherokee Phoenix, at New E- cnota for a short time; he was discontinued’ *‘om that office iri ; tlie latter part of the - summer, apd has remained in the m igh— borhoodoi Ooukillogee,- near that place,- until a few weeks ago, when lie started irom that place in company with a gentle* man who was going to Macon, Georgia 1 am inlormed by that gentleman, that said , jbbs ' ven t on to Macon with him and’ left lnm at that place about the 24th of 25th August and started for Millcdgeville Georgia, to seek employment during the sitting of the Legislature. If he should bo at that place or any part of the State, L should take it as a favor if some friend (to Honesty an I fair dealings) would let me “HOW by mail; as said Gibbs has gone off and has neglected to pay his book account with me,—the account he owes me is not much—but information respecting him would no doubt benefit some of his other creditors—Mr. Gibbs is rather inclined <0 low built, about file feet three or four in ches high, dark hair, tolerably free spoken and lias a blemish in one of his Eyes* which prevents him from seeing much oul ol it. It has become too common these hard times for those Broad-cloth-coat gen tlemen, if I may style them such, to make accounts in stores & move to another sec tion. They deserve the notice of public prints as much as liigh-way robbers, as they are always on the lookout and ready ly practice fraud on the public at large, and they cannot be considered otherwise than Swindlers. GEO. M. LAVENDER. Oetol/tr 88/A, 182^ .itf.—tf.