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THE present suuauon oi the Cherokee Indians is recom- 
 mended to the attention of every citizen of the United States, 
 whose feelings would be shocked bv a breach of fidth bein? 
 justly charged upon his country. 
 
 It is believed to be caleolaled to excite the commise: 
 of every Ic :r :' justice and humanity, and to 
 sympathies of every o abhors tvrtmnv 
 
 The Senate of Geors:.'. :o which : 
 was addressed, after 
 further reading, upoo the ground of 
 but referred it to the Joint Committe 
 lie. This committee, however, 
 hear any part of it read. It sho'jM 
 ral Assembly of Georgia is e 
 
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Ga^^-Sss-i 
 
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 1 
 
TO THE HONOURABLE 
 
 THS 
 
 PRESIDENT AND MEMBERS 
 
 OF THE 
 
 SEJ^TATE OF THE STATE OF GEORGIA, 
 
 THE Memorial of Robert Campbell, a resident of Savan- 
 nah, and a citizen of the state aforesaid, respectfully repre- 
 sents — 
 
 That your memorialist has read and reflected with deep 
 solicitude and concern upon the report made to the Honoura- 
 ble the Senate of this State, in December last, claiming the 
 absolute jurisdiction over, and right of the state to the lands at 
 present in possession of the Cherokee Indians, within the 
 boundaries of this state; boundaries which were established, or 
 rather named by ourselves, without their consent or concur- 
 rence. 
 
 Your memorialist feels it to be his duty, and he knows it to 
 be his privilege to approach your honourable body in the lan- 
 guage of respectful remonstrance against a measure fraught 
 with so much impolicy, injustice, and disgrace, and violative 
 of our solemn engagements with that brave but unfortunate 
 people — especially, and most unfortunate heretofore, in the 
 high but false opinion which they entertained for our race, and 
 in their reliance on, and faith in our representations and pro- 
 mises. 
 
 In the performance of this duty, your memorialist will 
 trespass as little as possible upon your time, but the subject 
 requires to be viewed in so many aspects, all illustrating each 
 other, that at the outset he desires to bespeak your indulgence 
 for a patient hearing. Should he pass those barriers usually 
 prescribed to memorialists, which he will endeavour not to do, 
 
he begs you to believe that it will proceed from no want of 
 respect for your honourable body, and to overlook any such 
 irregularity for the sake of the important objects for which he 
 comes before you. 
 
 When first the restlessness and cupidity of the European 
 race brought them to these shores, they found the red man 
 lord and sole possessor of the soil ; they found him just and 
 kind, confiding and generous — 
 
 ** He fancied the pale-faced men were gods, 
 
 " Nor dreamt their secret aim was theft and cruelty." 
 
 Columbus relates in his first voyage, when his vessel was a 
 wreck, and he was deserted by a part of his own crew, that an 
 Indian chief, upon hearing the information, '' shed tears, and 
 "despatched all the people of the town with large canoes to 
 " unload the ship; with their assistance the decks were cleared 
 " in a very short time. From time to time he sent his rela- 
 " tions to the admiral, consoling him, and entreating him not 
 " to be afilicted at his loss, for he would give him all he had:" 
 and Columbus further adds, " they are a very loving race, and 
 " without covetousness." 
 
 Such was the character of the American Indian in 1492, and 
 the generous and confiding portion of it was found in full 
 vigour by the first Georgians in 1733, when they landed on the 
 bank of the placid and beautiful Savannah. 
 
 It is generally known that the first settlement of this colony 
 was the result of a benevolent and charitable disposition enter- 
 tained by some Englishmen of humane feelings and easy for- 
 tunes ; one of whom, James Oglethorpe, undertook its early 
 superintendence. 
 
 He came to its shores with the king's charter of 1732, which 
 is now termed " the charter of the state;" but as it only au- 
 thorized him to occupy the uninhabited lands, and as he 
 found the country pre-occupied by the Indians to the very 
 threshold, he lost no time, as the historian relates, in treating 
 with the natives for a share of their possessions. 
 
 To induce them the more readily to grant his request, he 
 represented to them, among other things, " the many advan- 
 
'^ tages that would accrue to the Indians in general, from a 
 ^* connexion and friendship with them, (the English,) and as 
 " they had plenty of lands, he hoped they would freely resign 
 *' a share of them to his people, who were come to settle 
 " among them,, for their benefit and instruction. After de- 
 " livering some presents which were then considered as a ne- 
 ** cessary preliminary to a treaty of peace and friendship, an 
 ** agreement was entered into," by which Oglethorpe obtained 
 a title to the ground that the city of Savannah now stands upon, 
 with some of the adjacent country. 
 
 The fourth article of the treaty made under these artful but 
 delusive representations, has the following words: — 
 
 " We, the head men of the Coweta and Cuseta towns, in be- 
 " half of all the lower Creek nation, being firmly persuaded that 
 **he who lives in heaven, and is the occasion of all good 
 *' things, has moved the hearts of the trustees to send their 
 " 6e/oz;efi?/?ie7iamongus, for thegoodof our wives and children, 
 ^' and to instruct us and them in what is straight, do therefore 
 '* declare that we are glad that their people are come here; 
 *' and though this land belongs to us, (the lower Creeks,) 
 ** yet we, that we may be instructed by them, do consent and 
 '^ agree, that they shall make use of, and possess those lands 
 ^' which our nation hath not occasion to use." 
 
 At a congress of all the chiefs and warriors of the lower 
 Creek nation, held at Coweta in 1739, the treaty of 1733 was 
 declared in full force; and certain metes and bounds of a con- 
 siderable country described, as defining the territory in and 
 over which these Indians were sole proprietors. Their right 
 and title to this territory is declared in terms, of which, for 
 strength and energy, we have few examples. 
 
 They assert that this country " doth by ancient right belong to 
 ^' the Creek nation, who have maintained possession of the said 
 '' right against all opposers by war, and can show the heaps of 
 ^' bones of their enemies slain by them in defence of the said 
 ^Hands." 
 
 In 1773, at a congress held at Augusta, Sir James Wright, 
 and the Hon. John Stewart, acting as commissioners on behalf 
 of the king, the Cherokee Indians ceded a valuable district of 
 
country ybr the purpose of paying their debts; a measure 
 which may possibly be considered by some as one of the 
 strongest instances that can be produced of their being at that 
 period much below the standard of civilization. 
 
 In 1783 a treaty and covenant was made at Augusta, by Go- 
 vernor Lyman Hall, General John Tweggs, Colonel Elijah 
 Clark, Colonel William Few, the Hon. Edward Telfair, and 
 General Samuel Elbert, on the part of the state of Georgia, 
 (then stated by this instrument to be in the seventh year of its 
 independence,) and the " head men, warriors, and chiefs of the 
 '' hordes or tribes of Cherokee Indians, in behalf of the said 
 " nation.'^ By this treaty and covenant, peace between the 
 state of Georgia and that nation was established; and a consi- 
 derable district of country ceded. In 1785 a treaty was con- 
 cluded at Hopewell, between the United States of America, 
 and the Cherokee Indians, by which peace was made, and 
 boundaries between them defined. From this, I extract the 
 third and twelfth articles. 
 
 *' Art. 3. The said Indians for themselves and their respec- 
 " tive tribes and towns, do acknowledge all the Cherokees to 
 '' be under the protection of the United States of America, and 
 " of no other sovereign whosoever." 
 
 " Art. 12. That the Indians may have full confidence in the 
 "justice of the United States, respecting their interests, they 
 " shall have the right to send a deputy of their choice, when- 
 "ever they think fit, to Congress." 
 
 In 1787, the United States formed their present admirable 
 constitution, which Georgia " assented, ratified, and adopted, 
 "fully and entirely," on the 2d of January, 1788. 
 
 This constitution declares that Congress shall have power 
 " to regulate commerce with the Indian tribes." That " the 
 " President shall have power by and with the advice and con- 
 " sent of the Senate, to make treaties, provided two-thirds of 
 " the Senators present concur;" and that "^ all treaties made 
 " or which shall be made, under the authority of the United 
 " States, shall be the supreme law of the land ; and the judges 
 " in every state shall be bound thereby ; any thing in the 
 
"constitution or laws of any state to the contrary notwith- 
 " standing. " 
 
 Under this constitution, on the 2d day of July, 1791, a treaty 
 of peace and friendship was made and concluded between " the 
 " President of the United States of America, on the part and 
 " behalf of the said states, and the undersigned Chiefs and 
 " Warriors of the Cherokee Nation of Indians, on the part and 
 " behalf of the said nation. " The two following articles are 
 " quoted from this treaty. 
 
 "Art. 7. The United States solemnly guarantee to the 
 "Cherokee Nation, all their lands not hereby ceded." 
 
 " Art. 14. That the Cherokee Nation may be led to a 
 " greater degree of civilization, and to become herdsmen and 
 " cultivators instead of remaining in a state of hunters, the 
 " United States will from time to time, furnish gratuitously the 
 " said nation with useful implements of husbandry ; and further 
 " to assist the said nation in so desireable a pursuit, and at the 
 " same time to establish a certain mode of communication, the 
 " United States will send such and so many persons to reside 
 " in such nation as they may judge proper, not exceeding four 
 " in number, who shall qualify themselves to act as interpre- 
 " ters. These persons shall have lands assigned by the Chero- 
 " kees for cultivation for themselves and their successors in of- 
 "fice; but they shall be precluded from exercising any kind of 
 "traffic.'' 
 
 This is known as The Treaty of Holstein, having been 
 signed on the bank of that river, near the mouth of the French 
 Broad. 
 
 The next treaty made by the United States with the Chero- 
 kees was concluded at Philadelphia in 1794. 
 
 It recognises that of Holstein, as does likewise the succeed- 
 ing one of October, 1798, signed, as it states, " in the Coun- 
 "cil-house near Tellico, on Cherokee ground.^ ^ 
 
 Thus stood affairs as regards treaty obligations with the Che- 
 rokees, on the 24th of April, 1802, when the United States 
 and the State of Georgia entered into that agreement with 
 each other which I shall here merely term extraordinary ; 
 
8 
 
 which has been made the basis of so much complaint against 
 the general government.* 
 
 Before victory had yet placed her final wreath upon the 
 brows of our revolutionary warriors, the attention of the wisest 
 and most patriotic statesmen of the country, was attracted by 
 the position in which peace would find several of the states: 
 and this position was well calculated to awaken the most anxi- 
 ous fears for its internal tranquillity and future independence 
 — an independence now become inestimably dear from the sa- 
 crifices and sufierings which it had cost. On the south-west 
 they saw Georgia likely to have control over a territory nearly 
 equal to the combined extent of England, Italy, and the Ne- 
 therlands, that support a population of thirty-six millions. 
 Upon the north-west a territory was likely to be added to Vir- 
 ginia of still greater extent, which might give her sway over 
 more than 240,000 square miles. To a part of this latter coun- 
 try, Massachusetts, Connecticut, and New York had claims, 
 which were far from being settled or well defined. So that if 
 the extent of territory had not of itself created alarm for future 
 independence, here was a circumstance which threatened to 
 strangle in blood the hopes entertained of their newly-born 
 country. 
 
 Accordingly, to guard against this impending evil. Congress, 
 in September, 1780, addressed the several states having claims 
 to land and sovereignty beyond their present limits, recom- 
 mending a transfer of them to the United States for the gene- 
 ral benefit. Cessions of all the rights which they claimed were 
 in consequence of this recommendation made by New York, 
 on the 1st of March, 1781 — Virginia, on the 1st of March, 
 1784 — Massachusetts, on the 19th of April, 1785 — Connecti- 
 cut, on the 14th of September, 1786, and South Carolina on 
 the 9th of August, 1787. In this all-important course. New 
 York seems to have been foremost; but in reality, Virginia, 
 the Old Dominion, then well deserving such a title through 
 the honesty, the talents, the disinterestedness of her politi- 
 
 * By the Georgia politicians. 
 
 at 
 
9 
 
 cians — Virginia took the lead in tliis patriotic race; for we find 
 that on the 2d of January, 1781, she passed an act offering a 
 cession of her claims to this country: nor does she derive more 
 honour from the lead which she thus took in this patriotic course 
 than from the example which she set in ratifying the ordinance 
 for the government of the territory, passed by Congress on the 
 13th of July, 1787; the sixth article of which stipulates that 
 thereshall be neither slavery nor involuntary servitude in the 
 said territory, otherwise than in the punishment of crimes. 
 Thereby giving a signal and practical proof of her devotion to 
 those principles, the declaration of which on the 4th of July, 
 177^, had called forth the admiration of every generous and 
 manly heart in Europe, and given such eclat and popularity to 
 the cause of the United States. 
 
 In October, 1787, Congress passed another resolution, ad- 
 dressed to North Carolina and Georgia, again recommending 
 a cession; and on the 1st of February, 1788, the latter passed 
 an act offering one upon certain conditions, one of which was 
 the payment of $ 171,428-j?~ — but Congress refused to accede 
 to them. 
 
 Ten years after this, viz. in May, 1798, the present consti- 
 tution of Georgia was adopted, the 23d section of the 1st arti- 
 cle of which makes special provision for such a cession, and 
 in accordance with it the celebrated agreement of the 24th of 
 April, 1802, was entered into, by which Georgia was to receive 
 ^1,250,000. 
 
 The fourth condition of the 1st article of that agreement, 
 which has been so often referred to, is as follows: — 
 
 ^' The United States shall at their own expense, extinguish 
 ^' for the use of Georgia, as early as the same can be peaceably 
 " obtained on reasonably terms, the Indian title to the country 
 " of Tallassee, to the lands left out by the line drawn by the 
 " Creeks in the year 1798, which had been previously granted 
 *' by the State of Georgia; bothwhich tracts had formerly been 
 ^^ yielded by the Indians; and to the lands within the forks of 
 " the Oconee and Ockmulgee rivers; for which several objects 
 '* the President of the United States has directed that a treaty 
 "should be immediately held with the Creeks; and that the 
 
 2 
 
10 
 
 " United States shall, in the same manner, also extinguish the 
 " Indian title to all the other lands within the State of Geor- 
 "gia." 
 
 I have already shown how Georgia as a State, as well as 
 forming a constituent part of the United States, stood in rela- 
 tion to her treaty obligations with the Cherokees. 
 
 I will now show by extracts from, and references to, the 
 laws of the United States, passed before the date of the agree- 
 ment of 1802, and in operation at that very time, that the po- 
 licy of civilizing these people, against which the Joint Com- 
 mittee of Georgia protests, in their report of December, 1827, 
 was fixed, notorious, declared by repeated public acts from 
 1793 downwards — a settled policy, which must have been in 
 contemplation of the parties making that agreement, when it 
 was entered into. 
 
 The act of 1st March, 1793, in its 9th section states, " that 
 " in order to promote civilization among the friendly Indian 
 " tribes, and to secure the continuance of their friendship, it 
 " shall and may be lawful for the President of the United States 
 " to cause them to be furnished with useful domestic animals 
 " and implements of husbandry." 
 
 The act of May 19th, 1796, section 1st, enacts, ^^That the 
 " following boundary line established by treaty between the 
 " United States and various Indian tribes, shall be clearly as- 
 " certained and distinctly marked, &c." conforming, as regards 
 the Cherokees, to the treaty with them of 2d July, 1791. 
 
 The 13th section provides for the promotion of their civili- 
 zation. 
 
 The act of March 3d, 1799, provides for ascertaining and 
 distinctly marking the boundary line between the United States 
 and various Indian tribes, according to treaties, conforming, as 
 regards the Cherokees, to the treaty with them of 2d October, 
 
 1798. The 13th section of this act also provides for the pro- 
 motion of their civilization. 
 
 By the act of 17th January, 1800, that of the 3d of March, 
 
 1799, was continued in force until the 3d of March, 1802. 
 The act of 30th March, 1802, provides by the 1st section 
 
 for clearly ascertaining and distinctly marking, the boundary 
 
11 
 
 line between the United States and various Indian tribes, con- 
 forming, as respects the Cherokees, to the treaty with them of 
 3d October, 1798, and by the 13th section again providing for 
 the promotion of their civilization. And this act was in force 
 when the United States entered into that agreement with one of 
 themselves, known as the agreement of 24th April, 1802, rati- 
 fied by Georgia in the June following. 
 
 Notwithstanding all this, the Committee of Georgia, in their 
 report of 5th December, 1827, complain that the United States 
 have managed '^ so to add to the comforts of the Cherokees, 
 " and so instruct them in the business of husbandry, as to 
 
 " ATTACH THEM SO FIRMLY TO THEIR COUNTRY AND TO THEIR 
 
 " HOMES, as almost to destroy the last ray of hope that they 
 ^^ would ever consent to part with the Georgia lands.''^^ 
 
 Your memorialist believes that the foregoing statements and 
 extracts will be sufficient to give your honourable body 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; 
 and that they are most deeply involved, cannot be questioned. 
 
 Every document to which these Indians are a party, shows 
 either by positive assertion, or where whitemen seem to have stu- 
 diously avoided giving it expression, by other plain internal evi- 
 dence, that they were a perfectly free and independent people, 
 subject to their own laws, asserting and maintaining their so- 
 vereignty over their own soil, though most generous in their 
 grants of it — frequently putting themselves under i\\e protec- 
 tion of Great Britain and the United States, but not under 
 their jurisdiction. 
 
 These documents, and those appertaining to the settlement 
 of this colony, with the history of it as recorded by 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 the governments 
 of the old w^orld, yet Great Britain, as remarkable for her dis- 
 regard of the rights of others, as vigilant in guarding her own, 
 
 • Without these Indian lands, Georgia has a territory equal to that of Eng- 
 land, and a population in 1820 of not more than 350,000. 
 
12 
 
 seems never to have entertained the monstrous thought of sub- 
 jecting the Indians of Georgia to English law. 
 
 Knowing as we do the wide difference existing between the 
 manners and customs of the two people, the total ignorance on 
 the part of the Indians of those laws, of the language even in 
 which they are written, how can the idea of such cruelty be 
 tolerated, as that of subjecting them to our laws? It would 
 cast a stain upon our state, which would be constantly pointed 
 at by those of monarchical principles, who are envious of the 
 success of our republican institutions — it may tend to make 
 these institutions as odious, as it should be our study, by jus- 
 tice, good faith, and generosity, to make them venerable and 
 exalted. 
 
 As it is not yet too late, I pray you to contrast the conduct 
 of Great Britain to those generous but unfortunate people, with 
 that conduct which the late politicians of this state propose to 
 pursue. Compare the report of the hoard of trade to the 
 king in 1763, with the report of the joint committee, on the 
 state of the republic to the Senate of this state, in December, 
 1827, and you cannot but perceive how unfavourably we shall 
 appear, how altogether forgetful that committee seem to have 
 been of the honour and reputation of our country. 
 
 The British report in recommending limits for the pro- 
 vince of West Florida, uses the following terms: — 
 
 *''' West Florida, to comprehend all the sea-coast from the 
 ** Gulf of Mexico, extending west from the Chatahouchee 
 *^ river, or Flint river, towards the Mississippi, as far as your 
 ** majesty's frontiers extend, and stretching up into the land 
 *' as far as the thirty-first degree of north latitude, which we 
 ** humbly apprehend is as far north as the settlements can 
 ** he carried, ivithout interfering with lands claimed or oc- 
 '"'■ cupied by the Indians.''^ 
 
 The report of the committee contains the following: — 
 
 "Your committee would recommend that one other, and the 
 *^ last appeal be made to the general government, with a view 
 *' to open a negociation with the Cherokee Indians upon this 
 *' subject. That the United States do instruct their commis- 
 *' sioners to submit this report to the said Indians, and that if 
 
13 
 
 '* no such negociation is opened, or if it is, and it proves to be 
 ** unsuccessful, that then the next Legislature is recommended 
 ^^ to take into consideration the propriety of using the most 
 ^' efficient measures for taking possession of, and extending 
 ** our authority and laws over the whole of the lands in con- 
 *' troversy." 
 
 We may indeed take these lands — there is the physical 
 strength to do so, and the United States executive may not or- 
 der a military force to dispossess us, though Washington himself 
 has set such on example, in behalf of this very nation, against 
 encroachments on the side of Georgia. Or we may subject 
 these poor people to our laws, of which they have no know- 
 ledge, except being inoperative to protect them; laws written 
 in a language of which they are ignorant, based upon manners 
 to which they are strangers, or altogether averse. We may 
 surround them with those worst of enemies, the meshes of our 
 laws enforced by a people who we know hold them, their ha- 
 bits, customs, persons, colour, and every thing appertaining to 
 them, in the utmost contempt: we may thus enslave and exter- 
 minate them, for experience shows that such a course will ex- 
 terminate them. There is an immense amount of floating in- 
 famy arising from the conduct of the North American Euro- 
 peans' towards the Aborigines of this country; such conduct 
 will attract it to, and concentrate it upon Georgia. The feel- 
 ings of the age, the state of the press, the rivalry of particular 
 systems of government, and particular sections of country; all 
 will contribute to this. Her sons will meet it at every step in 
 the course of life; her politicians, her representatives, her sena- 
 tors, her travellers, will be twitted with it. When the faith 
 of treaties is discussed, when encroachments upon territory 
 or the oppression of the weak are spoken of, when the hard 
 but undeserved fate of the Aborigines of the country is alluded 
 to, shame will suffuse 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 Georgia, should 
 she extend her laws over the Cherokees and their country. 
 
14 
 
 For the despoilers of Poland did no more than subject it to 
 their laws; nor did they do this for the purpose of wresting the 
 soil out of the hands of the original possessors, of exterminat- 
 ing the population, or forcing it to abandon their homes and 
 fire-sides; unlike the Poles in all their relations, the Cherokees 
 are cut off from intercourse with foreign countries; they have 
 put themselves under the protection of the United States, and 
 have relinquished their right of alliance with any 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 govern- 
 ments of their neighbours, so little so indeed, that when, by 
 treaty with the United States, they were entitled to send a de- 
 puty to congress, they made no use of the stipulation. 
 
 Your memorialist has heard it said by way of reason or ex- 
 cuse for extending 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 independent of another government, an imperium in 
 imperio, as it is termed, and this seems to be considered so 
 conclusive as to put the subject beyond question. 
 
 Those who use it, however, must shut their eyes both to 
 history and to fact, and the most conspicuous of them contra- 
 dict in this, the very principle which they insist upon in other 
 cases. What are these United States but an example of itu-. 
 perixiin in hnperio? or if they are not, what becomes of all the 
 arguments we have lately heard in support oi state rights 2.ndt. 
 state sovereignty, in support of which they seem willing to 
 jeopardize the safety of this glorious and happy union? How 
 shall we dispose of the historical example of the Republic of 
 St. Marino, which has continued sovereign and independent 
 within the limits of another sovereignty for upwards of one 
 thousand three hundred years? 
 
 It may, to be sure, be alleged that this republic was within 
 the dominions of the pope, who is accused of w^orshipping 
 stocks and stones, and that therefore it could not be considered 
 as forming a proper example to be followed by a protestant 
 and reformed people; but I submit it to the consideration of 
 
15 
 
 your honourable body, whether if we immolate our reputation 
 for the acquiwsition of these lands, we shall notmore justly sub- 
 ject ourselves 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 consecrated to tyrants; but even 
 this cannot be used in our case. Our own experience proves 
 that if we make laws to restrain our own citizens who are 
 borderers, from committing depredations on their Indian 
 neighbours, all may go on harmoniously; whereas endless and 
 interminable difficulties must arise from extending the laws so 
 as to embrace them. You all know, you cannot be ignorant of 
 the feelings of the white borderers of this state, towards their 
 red brethren. Indeed, the feeling I allude to, is not confined 
 to our borderers, for you may find evidences of it, where, if 
 not powerful and general, it could not be exhibited — I mean 
 in our laws. They, of themselves, will prove how entirely 
 wretched, and utterly hopeless would be the situation of the 
 Indians under the control of a people influenced by such feel- 
 ings as they exhibit. Your honourable body have only to 
 turn to those passed two sessions ago, to find an act to prevent 
 the evidence of an Indian, or the descendant of an Indian, not 
 understanding the English language, from being taken in any 
 court of justice in this state, however exactly he might adhere 
 to the truth, and your memorialist is informed that but for the 
 suggestion of an honourable, member of the Assembly, not a 
 native of the state, the act would have made the evidence of 
 some men who stand high for integrity and intelligence, and 
 hold offices of honour and profit in the state, of no more avail 
 in a court of justice than if they had been as notorious for un- 
 truth as they are for veracity, and as it now stands, the value 
 or admissibility of their testimony by this law, seems to de- 
 pend, not upon their being governed by morality, but upon 
 their understanding English! and this merely in consequence 
 of their Indian descent. 
 
16 
 
 Another reason or excuse which your memorialist has heard 
 alleged for the course which is proposed to be pursued, is that 
 the Indians take, and are influenced by the advice of white 
 men or by Indians of a different tribe. But why should they 
 not take any advice to which they can have access? Why re- 
 fuse the counsel of any, even of a different tribe, in whom they 
 have confidence? What kind of an objection against the 
 United States would it have been considered, to have alleged 
 that one of her most gallant generals, La Fayette, was a French- 
 man; that one of her most consummate statesmen, Hamilton, 
 was a West Indian; that her most confidential secretary to con- 
 gress, Thompson, was an Irishm.an; or how can Georgia of all 
 other states, raise such an objection, 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 people will, and should use all the ta- 
 lents to which they can have access, and it is as proper to make 
 their doing so an objection, as to object to their becoming 
 civilized, and to loving their homes and country too intensely. 
 
 The hostile feeling which is entertained towards the Indians, 
 is made use of as another reason for their removal over the 
 Mississippi, it being asserted that they will never he allowed 
 to reside xipon their lands here in peace. Upon this permit 
 your memorialist to say that if the Cherokees are to be remov- 
 ed from their native country, for fear of hostilities from their 
 present neighbours, who are the inhabitants of North Carolina, 
 South Carolina, and Georgia, three of the old thirteen states, 
 who can pretend to entertain the opinion that they would be 
 more secure, or be allowed to live more peaceably in that Arab 
 country spoken of for their residence; a country certainly not 
 as civilized as the states we have mentioned, and which, in a 
 few ages, must lose most of what she now possesses, from her 
 extent and spareness of population; and if the title of the Che- 
 rokees to the lands which have never been conquered from 
 them, which they have never ceded away, which they have 
 from time immemorial occupied, which is fenced in upon 
 all sides both by laws and treaties with those who now claim 
 it; if their title to these lands be by one of the old states deem- 
 
17 . 
 
 ed defective, how are they to obtain an unquestionable title to 
 any others? 
 
 May not some new reading of the constitution be 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 the United States? 
 
 May it not be contended that though the Indians may re- 
 linquish, they cannot take a title, with as much force as that 
 because they cannot understand English, they should not be 
 believed ? May not the same argument which is now with 
 many conclusive,again be revived on the west of the Mississippi, 
 by their then benevolent neighbours, that they cannot permit 
 the Indians to live peaceably, and that therefore it will be bet- 
 ter for themselves that they should be removed, perhaps, to the 
 snow-clad Rocky Mountains. 
 
 The Georgian committee of 1827, upon the state of the re- 
 public, recommended to the Assembly the adoption of seven 
 resolutions, three of which are in the following terms :^ — 
 
 ^^ Resolved, That Georgia entertains for the general govern- 
 " ment as high a regard, and is as solicitous to do no act that can 
 " disturb, or tend to disturb the public tranquillity, that she 
 ^' will not attempt to enforce her rights by violence, U7itil 
 " all other means of redress fail. 
 
 '' Resolved, That to avoid the catastrophe which none 
 " would more sincerely deplore than ourselves, we make this 
 " solemn — this final — this last appeal to the President of the 
 " United States; that he take such steps as are usual, 
 " and as he may deem expedient and proper, for the pur- 
 " pose of, and preparatory to, the holding of a treaty with the 
 " Cherokee Indians, the object of which shall be, the extin- 
 " guishment of their title to all or any part of the lands now in 
 " their possession, within the limits of Georgia. 
 
 " Resolved, That if such treaty be held, the President be 
 " respectfully requested to instruct the Commissioners 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 the Georgia title to the lands in con- 
 " troversy, and the probable consequences which will result 
 
 3 
 
.18 
 
 '* from a continued refusal ujion the part of the Indians to 
 '^ part ivith those lands. And that the Commissioners be also 
 ^' instructed to grant, if they find it absolutely necessary, 
 " reserves of land in favour of individual Indians, or inhahi- 
 " tants of the nation, not to exceed one-sixth part of the ter- 
 " ritory to be acquired, the same to be subject to future pur- 
 " chase by the general government for the use of Georgia." 
 
 However extraordinary many portions of these resolutions 
 may appear, I shall only notice here that part of the last one 
 which requests the commissioners 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 notice it merely by quoting an article of 
 the Constitution of the United States, to show how particularly 
 alive we are, and how careful to prevent the influence of much 
 less potent arguments upon our own servants, and not only 
 our servants, but upon our citizens. 
 
 **If any citizen of the United States shall accept, claim, re- 
 ** ceive, or retain any title of nobility or honour, or shall, with- 
 ** out the consent of Congress, accept and retain any present, 
 *^ pension, office, or emolument, of any kind whatever, from 
 ** any emperor, king, prince, or foreign power, such person 
 ^' shall cease to be a citizen of the United States; and shall be 
 ^' incapable of holding any office of trust or profit under them, 
 **or either of them." 
 
 The IMPOLICY of the course recommended by the commit- 
 tee of 1827, is 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 in the opinion, 
 that if he has been successful in making obvious to you, any 
 of the points that he has attempted to elucidate, you will fol- 
 low the memorable example handed down by an ancient peo- 
 ple, and regard every measure impolitic, which is in the least 
 dishonourable. 
 
 ROBERT CAMPBELL. 
 
 Savannah, 24th November, 1828. 
 
19 
 
 (Copy.) 
 
 ^* An Act to prevent the Testiinony of Indians being re- 
 ^* ceived in courts of justice. 
 
 *^ Be it enacted, &c. &c. That from and after the passage of 
 ^' this act, no Indian, and no descendant of an Indian, not un- 
 ^^ derstanding the English language, shall be deemed a compe- 
 *^ tent witness in any court of justice, created by the constitu-, 
 '^ tion or laws of this state." 
 
 Assented to 26th December, 1826. 
 
 G. M. TROUP, Governor, 
 
 Situation of the Cherokee Indiaiis in 1809. 
 
 8. Grist-mills - 
 
 9. Saw-mills - 
 10. Smiths 
 
 1. Population - 13,320 
 
 2. Schools - - 5 
 
 3. Pupils - - 94 
 
 4. Spinning wheels - 1,572 
 
 5. Looms - - 429 
 
 6. Ploughs - - 567 
 
 7. Wagons - - 30 
 
 11. Horses 
 
 12. Black cattle 
 
 13. Sheep 
 
 14. Swine 
 
 13 
 3 
 
 49 
 
 - 6,519 
 
 - 19,165 
 
 - 1,037 
 
 - 19,778 
 
 In the year 1825, they had — 
 
 8 Cotton gins, 18 Ferries, and 
 
 9 Turnpikes, 20 Public roads. 
 
 (From an Augusta Chronicle of 20th December, 1828.) 
 
 '' GEORGIA LEGISLATURE. 
 
 House of Representatives, Dec. lOth. 
 
 Cherokee Indians. 
 
 The House proceeded to the order of the day, which was 
 ilic bill to extend the laws of Georgia over the Cherokees, and 
 to give them the enjoyment of certain civil rights, after 1st 
 June, 1830. 
 
i-" 
 
 20 
 
 (Provides that the Indians shall enjoy such civil 7nghts as 
 foreigners do residing in this state, the right of suing, and 
 being sued, in the courts of the United States excepted. They 
 are to have no right to vote for any executive, legislative, ju- 
 dicial, or military officer.") 
 
 " Mr. Jourdan, (Col. Warren Jourdan of Jones county,) said 
 he wished to introduce a substitute. Then if the House 
 thought proper, the bill and substitute might be laid on the 
 table together. 
 
 The substitute was received and read. It was the same 
 with the original bill as to the division of territory. 
 
 In the seventh section, however, it prescribes that after June, 
 1830, the Indians be liable to such lavi^s as the Legislature may 
 hereafter prescribe, and any laws, usages, and customs, made 
 by the Cherokees, to be null and void after 1830; and no In- 
 dian, or descendant of an Indian, residing within the Creek or 
 Cherokee nations of Indians, shall be deemed a competent wit- 
 ness or party to any suit in any court created by the consti- 
 tion or laws of this state, to which a white man may be a 
 party.^^ 
 
 Ql^/" From the Savannah Georgian of 10th January, 1829, it would appear 
 that this substitute of Col. Warren Jourdan's had passed both houses of the 
 General Assembly, and from the terms of his message, there is little doubt 
 that Governor Forsvth has sanctioned it and made it a law of the state. 
 
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