judgment and pure taste, with which the task has been executed. It bears marks of a faithful study of the original, a sufficient knowledge of the author's language, a ready perception of his style of thought and illustration, and a deep sympathy with the beautiful and elevated spirit of his philosophy. The long sentences, in which Degerando often indulges, are divided into periods of more convenient length; and some repetitions, apparently not essential to the subject under discussion, are judiciously omitted. The style is, generally, perspicuous and elegant, the language chaste and unaffected, and the spirit of the author's reasoning happily retained.

It is very properly observed, in the translator's preface, 'that the ideas and representations of moral truth and beauty, not less than those thoughts and feelings which form the essence of poetry, are so inseparable from the precise words in which the creating mind of the author first clothed them, that a work on this subject seems to lose as much by translation, as a poem.' On this account, it is perhaps impossible for such a writer as Degerando to be duly appreciated, except in his own language. His style grows directly out of his thoughts, and the latter, when divested of their native garb, lose much of their freedom and beauty. We do not, then, regard this translation as doing full justice to the original. The reader will be apt to complain of a want of easy and flowing expression, and of obvious connexion between the thoughts. The transition from one idea to another is often so rapid, as to leave a doubt in his mind, whether he has seized the author's meaning. This is not the fault of Degerando. His style is clear as the sun; sometimes rather diffuse, but always graceful and flowing. He dwells upon a thought long enough to give the reader full possession of it, and, if necessary, holds it up in a variety of lights. We think the translation fails in this. The ideas are presented too bare. There are not words enough for the thoughts. This gives many passages an air of harshness and constraint, which renders the effort of attention irksome, and, generally, unsuccessful. It will not do to give too great condensation of thought, in a popular work, and, on this account, it would have been better had the translator followed, more closely, the free and copious diction of the original.

In some other respects, too, we think a more literal translation would have been desirable. The reasons of the translator, it is true, are given, for following an opposite course; but they do not convince us of its correctness.

The critical reader will detect some French idioms, and a few expressions which he would prefer omitted or modified. But we find no instance, in which the sense of the author is perverted; except, perhaps, in some cases, which, after all, may be mere errors of the press.

We have thought it right to point out these faults, but with no wish to detract from the merits of the translation, for we certainly think, after all the exceptions we have felt it our duty to make, it is highly creditable to the translator's taste and skill, and a valuable gift to the public.

ART. VII.-1. Essays on the Present Crisis in the Condition of the American Indians; first published in the National Intelligencer, under the Signature of William Penn. Boston, 1829.

2. Memorials of the Cherokee Indians to the Congress of the United States, presented to the House of Representatives, February 15, 1830.

3. Memorial of a Deputation of the Creek Nation of Indians, to the Congress of the United States, presented to the House of Representatives, February 9, 1830.

4. Report of Mr White to the Senate of the United States, from the Committee on Indian Affairs, February 22, 1830. 5. Report of Mr Bell to the House of Representatives of the United States, from the Committee on Indian Affairs, February 24, 1830.

6. Speech of Mr Frelinghuysen, of New Jersey, delivered in the Senate of the United States, April 6, 1830, on the Bill for an Exchange of Lands with the Indians residing in any of the States or Territories, and for their Removal West of the Mississippi. Washington, 1830.

7. Speech of Mr Everett, of Massachusetts, on the Bill for Removing the Indians from the East to the West Side of the Mississippi, delivered in the House of Representatives of the United States, on the Nineteenth of May, 1830. Boston, 1830.

Most of our readers are probably in some degree acquainted with the controversy between the States of Georgia, Álabama

and Mississippi, and the Indian tribes residing within what are called the chartered limits of those States; that is, within their boundaries, as they appear upon our maps. The Essays of William Penn, the discussions in the newspapers, and the debates at the last session of Congress, have excited a great, and, as it seems to us, an increasing interest in the subject. The general voice of the nation is, as it should be, clear and decided in the sentiment, that justice should be done to both parties, and at all hazards.

It is not our intention to give an account of the various pamphlets named at the head of our article. It is, however, but justice to say, that the Essays of William Penn contain a very thorough and satisfactory examination of the whole subject, exhibiting great legal and historical research, and much clear and logical argument. No better proof is required of their worth, than the extensive circulation which they have in various ways received, and the powerful influence, which, as we believe, they have exerted in calling forth that deep and general interest which has been recently expressed by the public in the rights of the Indians.

We have no expectation that we shall be able to throw any new light on a subject which has already been so ably treated, not only in the Essays just mentioned, but in the speeches of several distinguished members of Congress. Our only object is to give such a sketch of the history and nature of the Indian controversy, as will make it more thoroughly known to some who have not read the publications to which we have referred. We have felt it an imperative duty not to be silent while a great moral question is agitating our nation, involving in its decision, not merely the character of our country for justice and humanity, but the happiness and lives of many of our fellow men.

We should be careful not to prejudge the question, or to let the sympathy, which we are ever ready to feel for the weak, lead us to disregard the rights of the strong; and on the other hand, we should be on our guard not to let any fears of a collision between the General Government and the authorities of any State, or of some unknown and uncertain evil, prevent us from attaining and declaring the decisions of right and justice.

In order to understand this controversy, it will not be necessary to describe particularly the boundaries of the Indian nations, whose rights are brought in question. It is sufficient to observe, that the Cherokees occupy a territory comprising the

northwest corner of Georgia, the northeast corner of Alabama, the southeast corner of Tennessee, and the southwest corner of North Carolina, as those States appear on the maps. The Creeks, Choctaws, and Chickasaws occupy extensive territories in Alabama and Mississippi. Whatever may be the rights of these four Indian nations, as a matter of fact it is indisputable, that at the time the acts which we shall mention were passed, and for a long time previous, they formed distinct political communities, governed by their own rulers and their own laws, without any interference of the States within whose limits they reside.

On the nineteenth of December, 1827, a report was made by a joint committee of the Legislature of Georgia, in which they claim for the State an absolute right to the soil and jurisdiction of that part of the Cherokee territory which falls within the State limits; say that the possession of the land by the Indians is only permissive; that they are mere tenants at will' to Georgia, and that the State has a right to expel them by force whenever pleased to do so. Several resolutions were reported and passed, in which the same principles are distinctly asserted.

The next year, December 28, 1828, an act was passed by Georgia, to extend her laws over the Cherokee Indians. On the nineteenth of December, 1829, this State passed another act to add the territory lying within the chartered limits of Georgia, and now in the occupancy of the Cherokee Indians,' to the adjacent counties. The first five sections of the law enact that the territory shall become a part of the five counties of Carroll, De Kalb, Gwinnett, Hall, and Habersham. The sixth section extends all the laws, both civil and criminal, of the State, over the territory, and provides, that all persons whatever, residing within the same, shall, after the first day of June next [1830], be subject and liable to the operation of said laws, in the same manner as other citizens of this State.'

The seventh section provides, that, after the same date, 'all laws, ordinances, orders, and regulations, of any kind whatever, made, passed, or enacted by the Cherokee Indians, either in general council, or in any other way whatever, or by any authority whatever of said tribe, be, and the same are hereby declared to be null and void, and of no effect, as if the same had never existed; and in all cases of indictment or civil suits, it shall not be lawful for the defendant to justify under any of said laws,' &c.; nor shall the courts of this State permit the

same to be given in evidence on the trial of any suit whatever.' The eighth section provides, that it shall not be lawful for any person, by virtue of any Cherokee law or custom, 'to prevent by threats, menaces or other means, or to endeavour to prevent' any Indian of that nation from emigrating or removing from said nation; or to punish any Indian of that nation for emigrating or intending to emigrate.

The ninth section declares, that any person offending against the provisions of the preceding section, shall be punishable by imprisonment not exceeding four years, at the discretion of the

court.

The tenth section enacts, 'that it shall not be lawful for any person or body of persons, by arbitrary power, or under color of any pretended rule, ordinance, law, or custom of said nation, to prevent, or offer to prevent, or deter any Indian, head man, chief, or warrior, of said nation, residing within the chartered limits of this State, from selling or ceding to the United States, for the use of Georgia, the whole or any part of said territory, or to prevent, or offer to prevent, any Indian, head man, chief, or warrior of said nation, residing as aforesaid, from meeting in council or treaty, any commissioner or commissioners on the part of the United States, for any purpose whatever.'

The eleventh section provides, that any person offending against the provisions of the preceding section, shall be punishable by imprisonment for not less than four, nor more than six years.

The twelfth section provides, that it shall not be lawful for any person, or body of persons, by arbitrary force, or under color of any pretended rules,' &c. to take the life of any Indian for enlisting as an emigrant, attempting to emigrate, ceding or attempting to cede, the territory, or meeting or attempting to meet, in treaty or in council, any commissioner. The punishment for this offence is death by hanging.

The thirteenth section provides, that where any of the preceding offences is committed under color of any law of the nation, all persons acting therein, as individuals, or as pretended executive, ministerial, or judicial officers, shall be deemed principals, and punishable as such.

The fourteenth section provides for the fees of officers serving process in the territory, and, in case the service is resisted, authorises them to call out the militia to assist them.