We are inclined to think that, by the following law of Georgia, many honest and clever Creeks will suffer unjustly.- The law savours[sic] more of oppression than anything else. Indians are never in the habit of being troublesome, except perhaps when intoxicated; in that case, the man who furnished whiskey ought to go, with the transgressing Indian, to jail.
AN ACT to protect the frontier settlements of this State from the Intrusion of Indians of the Creek Nation.
Whereas many inconveniences and injuries result to the citizens of this State in the frontier counties, from the unlimited intercourse of the Indians of said nation, by disturbing the peace and tranquility and destroying and purloining the property of its citizens--For remedy whereof,
Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority aforesaid, that from and after the passage of this act, it shall not be lawful for any Indian or descendant of an Indian belonging to the Creek Nation of Indians to cross the river Chattahoochee and enter upon the territory of said State under any pretext whatever, except they have and can show a written permit from the United States Agent of said nation, specifying their particular business, which permit shall not exceed ten days duration.
Sec. 2. And be it further enacted by the authority aforesaid, That whenever any Indian of said nation shall be found within the limits aforesaid, it shall and may be lawful for any Judge of the Superior Courts of this State, any Justices of the Inferior Court or Justice of peace, or the information on oath of any citizen of said State, that any Indian or Indians as aforesaid are strolling over the territory of said State in any of the frontier counties, to issue their warrent [sic] to the sheriff, his deputy or any Constable of said county and State, requiring the said officer to notify said Indian or Indians to leave the territory of said State forthwith-unless they can shew [sic] a permit from said Agent and on their refusing to obey said order or exhibit said permit--to apprehend said Indian or Indians and bring them before the magistrate having cognisance of the same, and if on examination, it shall appear that said Indian or Indians have no permit as aforesaid- Then it shall and may be lawful for said magistrate to imprison said Indian or Indians in the common jail of said county, and in the event of there being no jail in the county, then in some suitable or convenient place not exceeding the term of ten days.
Sec. 3 And be it further enacted by the authority aforesaid, That when any Indian or Indians shall be strolling over any county on the frontier of said State, with such permit as aforesaid, and shall interfere with the private property or interrupt the peace and tranquility of any of the citizens aforesaid, it shall and may be lawful for them to be apprehended as aforesaid, on its being made appear to the satisfaction of the magistrate to whom the warrant is made returnable, that said Indian or Indians, without lawful business, and disturbing the peace or molesting the property of said citizens, for said magistrate to imprison said Indian or Indians not exceeding the term of time aforesaid.
Sec. 4. And be it further enacted by the authority aforesaid, That all laws or parts of laws that are repugnant to this act be and the same are hereby repeal.
Assented to- Dec. 20, 1828.
Page 2 Col. 1a
When the state of Georgia has been utterly unsuccessful in her attempts to remove the Cherokees, by fair and honorable means, she is now trying the effects of oppression, and the slow process of coercion. We know very well the design of the act of which the following is the substance. If Georgia succeeds and finally attains her end by such anti-Christian and anti-republican measures, she will have a tremendous amount to render at the bar of eternal justice. We know that we are weak and comparatively insignificant, (for which reason such acts are the more unbecoming and disgraceful) and further, that we are dependent for protection on the General Government, and that the final issue must be brought about by her policy and disposition towards us. If she consents to the doings of Georgia, we shall fall a prey to our surrounding neighbours [sic], and the United States will deliberately, and we believe in violation of plighted treaties, sacrifice to the cupidity and intolerance of a single State, her loyal friends for the Cherokees; within the last thirty or forty years, have proved themselves such. Within that period they have not raised the tomahawk against any of their elder brothers, but have, when occasion presented, fought and bled at their side, more bravely than their present persecutors, whom they were then defending. For our loyalty are we to be rewarded with oppression? Let the thinking public and the Christian world answer, to whom we make our appeal.
Page 2 Col. 1b.
From the Macon Telegraph.
The Cherokees.- Among the Acts passed at the late session of our Legislature is one 'to add the territory lying within the limits of this State and occupied by the Cherokee Indians to the counties of Caroll [sic], Dekalb [sic], Gwinett, Hall and Habersham, and to extend the laws of this State over the same, and for other purposes.' The following is a synopsis of its provisions:
The Territory lying between the Alabama line and Old Path leading from the Buzard's [sic] Roost on the Chatahoochie River, to Sally Hughes where the said path strikes the Alabama River, thence with said road to the boundary of Georgia, is added to Carroll.
All that part lying north of the last mentioned line, and south of the roads running from Charles Tate's Ferry, on the Chatahoochie River, to Dick Roe's, to where it intersects with the path aforesaid, is added to DeKalb.
All that part lying north of the last mentioned line, and south of a line to begin on the Chestatee River, at the mouth of Yoholo Creek, thence up said creek, to the top of the Blue Ridge, thence to the head waters of Notley River, thence down said river, to the boundary line of Georgia, is added to Hall. All that part lying north of the last mentioned line, within the limits of Georgia, is added to Habersham.
All white person to be subject and liable to the laws of the State.
After the 1st of June, 1830, all Indians residing in said Territory, and within any one of the above counties, to be liable to such laws as the Legislature may hereafter prescribe. All laws, usages, 'c. made and enforced in said Territory, by the Indians, to be null and void after the 1st of June, 1830. No Indian, or descendant of Indians, residing within the Creek or Cherokee Nations of Indians, to be a competent witness, or a party to any suit to which a white man is a party.
Page 2 Col. 2a.
GEORGIA AND THE ABORIGINES.
Extract from the Memorial of R. Campbell, of Savannah, presented to the Senate of Georgia:
'Your memorialist has heard it by way of reason or excuse 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 independent of another government- in 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 contradict in this, the very principle which they insist upon in other cases. What are these United States but an example of imperium of imperio? Or if they are not, what becomes of all the arguments we have lately heard in support of States rights, and 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 St. Marino, which was continued sovereign and independent within the limits of another sovereignty, for upwards of 1,300 years?
It may indeed be alleged that this Republic was within the dominions of the Pope, who is accused of worshiping 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.'
In most cases where it is intended to stretch the hand of power over 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 it cannot be used in our case- our own experience proves that if we restrain our own citizens, who are borderers, from committing depredations on their Indian neighbors, 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 coatined [sic] 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 induced by such feelings as they exhibit. Your honorable body have only to turn to those passed two session ago, to find an act to prevent the evidence of an Indian or the descendent 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 honorable 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 honor and profit in the State, of no more avail, in a Court of Justice, than if they had been as notorious for untruth, and they are for veracity; and, as it now stands, the value or admissibility of their testimony by this law, seems to depend not upon their being governed by morality, but upon their understanding English! and this merely in consequence of their Indian descent.'