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 exclusive jurisdiction of the Cherokee nation. 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 y ready. THE CHRISTIAN EXAMINER. NO. XLI. NEW SERIES-NO. XI. NOVEMBER, 1830. ART. I.-Christian Consolations. An Offering of Sympathy to Parents bereaved of their Children, and to others under Affliction; being a Collection from Manuscripts and Letters not before published; with an Appendix of Selections. Boston: S. Dickinson, 1830. 18mo. pp. 224. We wish to give our passing commendation to this little volume, though our purpose in the following article is to add some thoughts of our own to this Offering of Sympathy, rather than to draw extracts from the volume itself. The work is chiefly made up of contributions from several of our clergy, whose names will doubtless be sufficient to recommend it to general perusal. We acknowledge our obligations to the compiler, for having taken the trouble to gather from his brethren, this collection of wise and excellent thoughts, expressed in words which well deserve to be denominated words fitly spoken." We find in these compositions the calmness, tenderness and delicacy that belong preeminently to christian consolations." There is none of that minute and circumstantial detail, that tearing open of the wounds of affliction, which can be exceeded, in impropriety and painfulness, only by that horror in private life, the horror of formal condolence. As to this latter method of offering consolation, indeed, we are tempted to say, in passing, that we know not why the experience of every deeply afflicted mind does not satisfy it, at once and forever, that all words but those of the most intimate friendship must be an 21 VOL. IX.-N. S. VOL. IV. No. II. unwelcome intrusion into the sanctuary of private sorrow. The customs of society may, perhaps, have made these formal visits of condolence a requisite manifestation of sympathy; but if so, we cannot hesitate to say that the customs of society, in this respect, ought to be changed. As evidence of sympathy, in such circumstances, they cannot be needed; to question the existence of the feeling, is to distrust the attributes of common humanity. Indeed, the impotence of all words to comfort the bereaved, the necessity, by them most deeply felt, of entering into solemn and still communion with their own hearts and with their God, may dispose them, for a time, to look coldly upon books of consolation. But when the first burst of grief is over, 'The first dark days of nothingness,' are ended, 'the overflowing of the waters has passed by,' it will be grateful to most minds, to commune with the thoughts of the wise and pious; and for such a purpose we can heartily commend the volume before us, as containing much that is fitted to guide and sustain the troubled and sorrowful, expressed in the appropriate language of christian advice and consolation, and often with great beauty and pathos. We shall now proceed to offer some reflections of our own, on the great subject to which it has principal reference-death. We have thought that there are many erroneous impressions prevailing, with regard to this solemn event; and it will be our principal business to examine them. Christianity was designed to introduce into the world, new views and feelings concerning death. We seem to see its character and office typified in the visit of Jesus to the house of Mary and Martha, on occasion of the death of their brother. It was a house of affliction. Wailing and lamentation were heard in it, as they are, at one time or another, in all the dwellings of this world. But our blessed Saviour approached it in the calm consciousness that he was commissioned with a doctrine and clothed with a power that would triumph over death; that death, in fact, was not the end nor the interruption of existence; that death, indeed, was only death in appearance, while in reality the spirit's life is progressive, ever continued, immortal. What less do his words import, than the annunciation to the world of this new view of mortality? I am the |