'Such we deem, and are absolutely certain, will be the feelings of the whole Cherokee people, if they are forcibly compelled by the laws of Georgia to remove; and with these feelings, how is it possible that we should pursue our present course of improvement, or avoid sinking into utter despondency? We have been called a poor, ignorant, and degraded people. We certainly are not rich; nor have we ever boasted of our knowledge, or our moral or intellectual elevation. But there is not a man within our limits so ignorant as not to know that he has a right to live on the land of his fathers, in the possession of his immemorial privileges, and that this right has been acknowledged and guarantied by the United States; nor is there a man so degraded as not to feel a keen sense of injury, on being deprived of this right and driven into exile.'

The southern Indians compose but a moderate part of the number of those who will be affected by the course of policy which our government may adopt. The writer of the Essays

says;

'It is computed, that there are within our national limits more than 300,000 Indians; some say 500,000; and, in the southwest States, the tribes whose immediate removal is in contemplation, have an aggregate population of more than 60,000. The interests of all these people are implicated, in any measure to be taken respecting them.

The character of our government, and of our country, may be deeply involved. Most certainly an indelible stigma will be fixed upon us, if, in the plenitude of our power, and in the pride of our superiority, we shall be guilty of manifest injustice to our weak and defenceless neighbours.

'It should be remembered, by our rulers as well as others, that this controversy, (for it has assumed the form of a regular controversy,) will ultimately be well understood by the whole civilized world. No subject, not even war, nor slavery, nor the nature of free institutions, will be more thoroughly canvassed. The voice of mankind will be pronounced upon it;-a voice, which will not be drowned by the clamor of ephemeral parties, nor silenced by the paltry considerations of local or private interest.

-Any course of measures, in regard to the Indians, which is manifestly fair, and generous, and benevolent, will command the warm and decided approbation of intelligent men, not only in the present age, but in all succeeding times. And with equal confidence it may be said, if, in the phraseology of Mr Jefferson, the people of the United States should "feel power, and forget right;"if they should resemble a man, who, abounding in

wealth of every kind, and assuming the office of lawgiver and judge, first declares himself to be the owner of his poor neighbour's little farm, and then ejects the same neighbour as a troublesome incumbrance ;-if, with land enough, now in the undisputed possession of the whites, to sustain ten times our present population, we should compel the remnants of tribes to leave the places, which, received by inheritance from their fathers and never alienated, they have long regarded as their permanent homes;-if, when asked to explain the treaties, which we first proposed, then solemnly executed, and have many times ratified, we stammer, and prevaricate, and complete our disgrace by an unsuccessful attempt to stultify, not merely ourselves, but the ablest and wisest statesmen, whom our country has yet produced; and if, in pursuance of a narrow and selfish policy, we should at this day, in a time of profound peace and great national prosperity, amidst all our professions of magnanimity and benevolence- -drive away these remnants of tribes, in such a manner, and under such auspices, as to insure their destruction;-if all this should hereafter appear to be a fair statement of the case ;-then the sentence of an indignant world will be uttered in thunders, which will roll and reverberate for ages after the present actors in human affairs shall have passed away. If the people of the United States will imitate the ruler who coveted Naboth's vineyard, the world will assuredly place them by the side of Naboth's oppressor-Essays, pp. 4, 5.

It has been supposed, that the statute passed at the last session of Congress, was an abandonment of the Indians to the States which claim jurisdiction over them. There is no doubt, as we have before remarked, that the passage of this act was intended to assist the States in the expulsion of the Indians, and that it must encourage them to persevere in their present projects; while the entire neglect of the entreaties for protection made by the Indians, must depress them, and render them more ready to yield their rights, and retire beyond the Mississippi. Yet even in this act, we find one ray of encouragement in the proviso, that nothing in the act shall be construed as authorising or directing the violation of any existing treaty between the United States and the Indian tribes. This is a deliberate and solemn recognition by Congress of the obligation of these treaties, and an assurance that this nation will not see them violated. It is a pledge, which may be relied on with confidence, that, let the construction given to these treaties by the supreme tribunal be as adverse to the claims of the three

States as it may, this nation will enforce them, and protect the Indians, in conformity with that construction. Let the Cherokees, then, continue to maintain their rights, not by arms, but by reason, with the same temper and dignity which have marked their recent state papers, and we cannot but hope that truth and justice will finally triumph. But, whatever may be the result of the contest, they and their brethren will have, at least, the consolation that they have received the earnest support of able advocates in Congress, and the warm sympathy of a large, we believe the larger, portion of the American people.

The State of Georgia accuses the National Government of great negligence in extinguishing the Indian title, in pursuance of the articles of 1802, and even of a want of good faith. These accusations, as we have already intimated, are wholly unfounded. But yet she may have some ground of claim against the United States. It is probable, that when the articles were entered into, both parties supposed that the Indian title would be extinguished in a few years for the benefit of Georgia; and it is true, that she has not yet acquired all the lands which she expected, and is not likely soon, if ever, to acquire them. A case has occurred, which neither party, probably, contemplated, when the agreement was made. The Cherokees absolutely refuse to sell their territory. The United States, however, having done all in their power to purchase the Cherokee country, are not, perhaps, in strictness, bound to make Georgia any compensation for her disappointed expectations. But yet, we think, a liberal sense of obligation would dictate some payment to be made her for her not having received all the consideration, which she reasonably anticipated for her cession. It seems to us a case, in which the wealth of the nation might well be applied to put an end to a serious and agitating controversy, which otherwise might remain a perpetual source of uneasiness and contention. We venture, therefore, to suggest the propriety of an act of Congress being passed, authorising the payment of a sum of money to Georgia, upon her relinquishing all claim to jurisdiction over the Cherokees, and all title and claim to the soil and jurisdiction of their territory. Or an act might be passed, authorising the appointment of commissioners on behalf of the United States, to meet commissioners on the part of Georgia, by whom the terms of a compromise might be settled. By such a compromise the rights and interests of all parties would be happily adjusted. The Chero

kees would be enabled to proceed in their experiment of civilisation and regular government under the happiest auspices, enjoying the protection and friendship of the United States, without being harassed with solicitations to remove, and freed from all fears of the encroachments of Georgia. The United States would get rid of an unpleasant dispute, avoid all danger of a collision with Georgia, and vindicate the national faith and honor; while Georgia would escape from a question, the issue of which she must admit to be extremely uncertain, and obtain full compensation for giving up a doubtful claim to a moderate territory.

The only objection to the course proposed, is the great expense in which it would involve the United States. But, even supposing that the United States would have to pay the State of Georgia, for thus relinquishing her pretensions to the five or six millions of acres owned by the Cherokees within what are called the limits of that State,* at the same heavy rate at which the Creeks were paid for their last cession, the amount would be considerably less than a million of dollars. But, considering that Georgia must be well aware how uncertain it is, whether any measures, which she can legally adopt, will ever put her in possession of the lands in dispute, the amount which she could reasonably ask would be much smaller.

If the Indian controversy should be thus disembarrassed of the claim of Georgia, the course with regard to the two other States which assert a right of jurisdiction over the free Indian nations, would be easy. The United States are not bound to either of them, to extinguish the Indian title; and the soil of all the Indian territory, over which those States claim the jurisdiction, will, when the Indian title is extinguished, belong to the United States. It will only be necessary, then, to enforce the intercourse law of 1802, according to its plain meaning, or to provide such new measures of legislation as new modes of aggression by the whites, may render necessary.

Since the foregoing remarks went to the press, we have seen the opinion of Mr Wirt, who had been consulted by the Cher

* The authorities, which we have consulted, do not agree exactly as to the number of acres.

okees, in relation to the statute of Georgia extending jurisdiction over their territory. We are happy to find that we are fully supported in our views of the rights of the Indians by the authority of this eminent jurist. The following are the conclusions at which he arrives.

1. That the Cherokees are a sovereign nation: and that their having placed themselves under the protection of the United States does not at all impair their sovereignty and independence as a nation. "One community may be bound to another by a very unequal alliance, and still be a sovereign state. Though a weak state, in order to provide for its safety, should place itself under the protection of a more powerful one, yet, according to Vattel (B. 1 Ch. 1 § 5 and 6.), if it reserves to itself the right of governing its own body, it ought to be considered as an independent state." 20 Johnson's Reports, 711, 712, Goodell vs. Jackson.

2. That the territory of the Cherokees is not within the jurisdiction of the State of Georgia, but within the sole and clusive jurisdiction of the Cherokee nation.

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3. That consequently, the State of Georgia has no right to extend her laws over that territory.

4. That the law of Georgia which has been placed before me, is unconstitutional and void; 1. because it is repugnant to the treaties between the United States and the Cherokee nation; 2. because it is repugnant to a law of the United States passed in 1802, entitled "an act to regulate trade and intercourse with the Indian tribes, and to preserve peace on the frontiers;" 3. because it is repugnant to the Constitution, inasmuch as it impairs the obligation of all the contracts arising under the treaties with the Cherokees: and affects moreover to regulate intercourse with an Indian tribe, a power which belongs exclusively to Congress.'

ERRATUM.-On pp. 20, 25, 26, for ready.