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ever present itself for actual solution. But there is another, the consideration of which is perhaps much nearer, and which we may soon be required to discuss and decide. That a considerable portion of the Southern tribes has been restrained by fear from acceding to the propositions for a cession and emigration, is evident from the statement made by Colonel McKenney, already quoted, from the murder of McIntosh, from some sanguinary regulations which the men of influence have adopted, and from many circumstances that have found their way to the public. In the civil polity of the Cherokees, and, we believe, of the Creeks, as now established, there seems to be a severalty of property among themselves, regulated we know not how, and a community of property with respect to the federal and state governments. Cessions can only be made in a preestablished manner; and the principles of Draco are revived in these little communities, by the terrible punishments annexed to a violation of this regulation, which will no doubt be enforced with as little compunction as it has been prescribed. But why should a community of property be allowed for this purpose and for no other? Why should not a part of the population be permitted to cede their interest to the government, and receive an equivalent in other regions, where they may anticipate a comfortable support and a permanent establishment? Must they be anchored to a soil which they are desirous of leaving, and where they are poor and depressed, because a few powerful chiefs choose to be surrounded by abject dependents, rather than be brought into contact with our citizens, and subjected to the operation of just and equal laws? We state the case plainly, as we are satisfied the truth demands. Let the son of the Big Warrior enjoy in peace and security the six-score slaves and the fifty thousand dollars, he is reported to have inherited from his father; and let the other chiefs, both among the Creeks and Cherokees, whom it would be invidious to mention, possess in like manner the property they have acquired, whether in money, in slaves, or in valuable improvements. But let those, who have not been and cannot be thus fortunate, go to the Western regions, if they desire to go; not in abject poverty, suffering and dying on the way, but after having yielded their interest in their ancient possessions for a valuable consideration, and obtained another in their new; and obtained also the means of subsistence on the route, and after their arrival and permanent establishment.
Let the right thus acquired by the government, and the right remaining to those who choose to stay behind, be equitably divided. There would be no difficulty in a partition upon just principles. If one moiety be prepared to go, let a moiety of the land be assigned to the State or the United States; and if one fourth, let a fourth be assigned; and if only one man is anxious to change his residence and attempt to meliorate his condition, for ourselves we can see no objection to the purchase of his interest, and to its partition from the general stock, whenever the government may deem such a measure expedi
It is idle to meet this proposition by the assertion, that the Cherokee or other Indian authorities have prohibited this course of procedure, and would visit it with the punishment of death, and that they have a right to enforce their own regulations in their own way. In the actual state of things, they have no such right. The attempt itself is an omen unfavorable to their future prosperity. If their first essay in the science of government is to sink a tomakawk into the heads of all their people who may endeavor to relinquish their present possessions, and migrate where they can acquire others, which may, or may be supposed to be, better, it is time that the paramount authority should interfere and abolish institutions thus written in blood. The mode of acquiring the possessory right of the Indians is a question of expediency and not of principle. Far be it from us to advocate any proposition, which would divest them unjustly of the smallest interest, to which they are entitled. But we propose that their interest should be rendered more secure and more valuable, by assigning to every one, a separate share, and the power to retain or to cede it; and this might essentially aid the whole and could injure none. It would insure to each a just compensation, and would put an end to that system of gratuities and annuities, which all, who have eyes to see and ears to hear, must be sensible, has been so grossly abused by many of the chiefs of the southern tribes, and has rendered them rich and their countrymen poor. And it would put an end to influence unjustly acquired and unjustly exerted.
This view is distinctly stated by Mr Jefferson in his talk to the Cherokees in-1809. 'When this party shall have found a tract of country suiting to the emigrants and not claimed by other Indians, we will arrange, with you and them, the exchange
of that for a just portion of the country they leave, and to a part of which, proportioned to their numbers, they have a right?' And in the treaty concluded at the Cherokee agency, July 8, 1817, this principle of a division of the community and a partition of the land, was substantially adopted, and a provision made for its practical application and adjustment. The assent of the whole tribe was given to that measure. But if that assent is now withheld whenever any of their people are desirous of passing over the Mississippi, the freedom of choice and action should be assured to them, and their interest fairly purchased, and equitably separated from the common stock.
But after all, it cannot be denied and ought not to be concealed, that in this transplantation from the soil of their ancestors to the plains of the Mississippi, some mental and corporeal sufferings await the emigrants. These are inseparable from the measure itself. But by an appropriation liberally made, and prudently applied, the journey may be rendered as easy for them, as for an equal number of our own people. By a continuation of the same liberality, arrangements may be made for their comfortable support, after their arrival in the land of refuge, and until they can accommodate themselves to the circumstances of their situation; until they can secure from the earth or the forests, the means of subsistence, as they may devote themselves to the pursuits of agriculture or of the chase.
The amount of the expenditure necessary for their migration and establishment is not a subject for serious consideration. All should be given, and all no doubt will be given, that can be reasonably employed in their comfortable support. It is not a question of profit or loss, but a great question of national policy, involving the rights and feelings of those, from whom we have obtained much, and for whom we have done little.
Providence, for wise purposes, has given to us, in common, principles of association which bind us together and connect us with the land of our birth, and with those who have inhabited it before us. These associations of time and place belong to the human family. Bury me not, I pray thee, in Egypt,' said the Patriarch who had gone down to live and die with his son ; 'but I will lie with my fathers, and thou shalt carry me out of Egypt and bury me in their burying-place.' And from the earliest migration of a community recorded in profane history, to the latest that has occurred in our own day,-from the going
forth of the remnant of Troy, to the abandonment of Parga, when her whole people went out houseless and homeless, leaving the waning crescent to glimmer over a deserted region,-the feelings of the exiles have been expressed by the Trojan leader;
'Litora tum patriæ lacrymans portusque relinquo,
Although the Indians are migratory in their habits, yet their local attachments are strong and enduring. The sepulchres of their fathers are as dear to them, as they ever were to the nations of the East. Those ties have bound them to their native regions longer and stronger than any other or all other considerations. Now, when the time of severance has approached, we owe it to them, to ourselves, to the opinion of the world, that the process should be conducted with kindness, with liberality, and above all, with patience. The assurance of the Secretary of War that nothing of a compulsory course to effect the removal of this unfortunate race of people has ever been thought of by the President, although it has been so asserted,' is honorable to the government, and consolatory to those who are looking with most solicitude to the condition of the Indians. The intimation of the Secretary that the object of the President was to explain fully to them and to the country, the actual ground on which it was believed they were rightly entitled to stand,' is equally in accordance with justice, policy, and the public feeling.
This is the course we had a right to expect, and to which there can be no just objection. Let the whole subject be fully explained to the Indians. Let them know that the establishment of an independent government is a hopeless project; which cannot be permitted, and which, if it could be permitted, would lead to their inevitable ruin. Let the offer of a new country be made to them, with ample means to reach it and to subsist in it, with ample security for its peaceful and perpetual possession, and with a pledge, in the words of the Secretary of War, that the most enlarged and generous efforts, by the government, will be made to improve their minds, better their condition, and aid them in their efforts of self-government.' Let them distinctly understand, that those who are not disposed to remove, but wish to remain and submit to our laws, will, as the President has told the Creeks, have land laid off for them and their families, in fee.' When all this is done, no
consequences can affect the character of the government, or occasion regret to the nation. The Indians would go, and go speedily and with satisfaction. A few perhaps might linger around the site of their council-fires; but almost as soon as the patents could be issued to redeem the pledge made to them, they, would dispose of their possessions and rejoin their countrymen. And even should these prefer ancient associations to future prospects, and finally melt away before our people and institutions, the result must be attributed to causes, which we can neither stay nor control. If a paternal authority is exercised over the aboriginal colonies, and just principles of communication with them, and of intercommunication among them, are established and enforced, we may hope to see that improvement in their condition, for which we have so long and so vainly looked.
ART. IV.-An Historical and Statistical Account of NovaScotia, in two Volumes, illustrated by a Map of the Province, and several Engravings. By THOMAS C. HALIBURTON, Barrister at Law, and Member of the House of Assembly of Nova-Scotia. Halifax. 1829. 8vo.
MR. HALIBURTON, the author of these volumes, we understand, is a citizen of Annapolis in Nova-Scotia, a young lawyer of respectability, and a member of the House of Assembly. He has given us a history and description of his native province, which not only do great credit to himself, and to Nova-Scotia, but will safely bear a comparison with any of the works of a similar kind, that have appeared in the United States. Making use of Mr Haliburton's work, and of some little knowledge derived from personal observation, we will proceed to lay before our readers a few particulars respecting that province.
The continent or mainland of North America was discovered by Sebastian Cabot. He first descried land on the twentyfourth of June, 1497. There is reason to believe, that the point which he then made was a part of Nova-Scotia. More than seventy years, however, elapsed before any attention was paid by England to the discovered territory.
VOL. XXX.-No. 66.