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V;
v -.w d, and in its excise, every iodbpen.
dent civilised community is respoiwiWg to
God, as it is rwn6ns.bin for ti l its btlicr
act* of .ovemifti'y. »'> d to no hutnu* tri.
bunal. Td eomenU that the right of gen-
oral jorftfiwion does no' exist, because it
may M abused, is to adopt one of the
inost common fallacies of superficial rea-
Honors. As much political and person
al freedom, should be loft to these savage
people, as may bo compatible with the
great objects Of restraint and security, ttt(l
necessary to their happiness. This may
vary, us time and circumstances vary.
As the civilized border approaches the un
civilized region, tiie relations.of (he par
ties undergo a chance. At first, the In
dian knows little of the white man.- He
hoars of him, indeed, but lie sees and feels
him not. By degroesthey approach, and
the precautions,dictated by rouson and ap
proved by experience, become necessary.
Jurisdiction must be assumed, but it is one
to.restrain, not to govfcrrt. Thu Indian is
n&t then prepared for government, He
is ignorant of the institutions which tbe
stranger hgs brought, and it would be un
just at bote tostilijfiCt hint lo then*. Gra
dually, however, he acquires a knowledge
of their obligation. He finds that they
protect life and pfOpb^MKhat injuries
aro not redressed by mo^MPwra strength
and weakness . the irfaaitirti right and
wrong.. He feyW (but they are just, and
understands (hem sufficiently to claim their
protoction, and to render obed tehee.—•
Their shield may then be cast -ever him,
the wull of separation may be. broken
down, and entire jurisdiction, assumed.—
He will then be subject > to equal laws,
which hsvo here and in the "Fatherland,”
been the boast of ages, and (be safeguard
of millions of human boings. He wilt
be freed from iho danger of turbulent
passions, and from the arbitrary sway of
loading men. Front decrees, which de
nounce the punishment of death upon
any one, proposing to fransier his rights,
and to escape from an oppressive thraldom
to a country which offers every prospect
of comfort and improvement.
It is observed by Mr. Justice McLean,
** that the exercise of this independent
power, (referring to (ho right of the ludi-j
But has been owing partly t Apolitical con
siderations, and to a conviction, that to
acquire Indian title without the consent
of the occupants, could only bo done at
"an expense,” ss General Krox said in
his Report in 1789, “grfiatly exceeding
the value of the object;” end partly, to
the advsnciug opinions of the age, more
and more desirous of meliorating the con
dition of this'helpless and hopeless race.
And consequently, to be respected as an
indication of corroct feelings, and to bo
lollowed as ait example, in its proper ap
plication; limiting it, as it has heretofore
been limited, to personal and private,
but not extending it to political rights.
Did the European nations assume the
general powers which have been stated,
or did they assume merely the exclu
sive right of purchasing such lauds as the
natives were willing to sell;” and were
their charters, agreeable to the opinion of
the Supreme Court,’"considered as blank
paper, so fares tbe rights of t|ie natives
were concerned T” The question is, at
present,. an historical one. As such, it
may be examined without reference,to any
moral duties, it may be supposed to in
volve. 1
And ns a preliminary observation, it may
be.well to-remark, that if oil-th*, grants of
European Sovereigns were . intended to
convey only a right - to- purcimse from
those who had a right to sell, their phrase
ology -is the nfost unfortunate of any do
cuments upon record. And besides, up
on this construction) or rather, suggestion,
why havo the elementary writers entered
into stiy investigations of the relative
rights of barbarous and civilized .nations f
The right 1 to buy, no one could doubt.
But that is not the question which was
presented to tbe great tribunal of public
opinion upon.the discovery of America,
and which has been so often investigated
and decided; which the most able jurists
have discussed, and ttaced to its first prin
ciples. That question is a far different
one. . ft involves conflicting interests, and
enquiries, which shell yield. The emi
nent men, whose-opinions have been quo
ted, connected t he discovery'o.f America j
and the pretensions and con'djljt of jhe
adventurers, With the rights of the barba-
ans to maintain ■ separate governments,)/ rous people then first made known to
surely does not heronte more objections
bio, as it assumes the basis of justice, and
the forms of civilization. Would it not
bo a singular argument to admit, that so.
long ns the Indians govern themselves by
the rifle and the lomahuwk, their govern
ment may be tolerated ; btA that it most
be suppressed, as soon as it shall be ad
ministered upon the enlightened principles
of reason and justice.”
On the contrary, we think no course of
things can ho more natural. While the
Indian is in tho rude condition alluded to,
ho is as ignorant of the principles of just
laws, as ho is unfit to be the subject of
their operation. How could he be pun
ished for crimes, of whose moral turpitude
he has never hoard? HoW 'could ho be
prosecuted for debts, pho is Ignorant of
any obligations which these impose, ex
copt to pay, if ho please? How could
the whole legal machinery of civilized life
operate upon one, whose house is a piece
of bark, whose aubsistonce is the sponta
neous gift of nature, who has lived with
out restraint, and who has never looked
in Ward upon himself, ndr outward fur
ther Unfit to follow the game., and to de
stroy his enemies. >;
But as soon as he comprehends "the
enlightened principles of rouson and jus
tice/’ he is fitted for our laws, unless these
uideed are founded upon other principles.
His " rifl-i and tomahawk” may be con
verted into a "plough-shut e and prun
ing hook or in other words ho becomes
a civilized man, prepared for tho duties
and privileges of civilized men. We
speak here of tho process, and the reason
of it. We Imvo ulruudy considered its
abstract justice.
Thus stands this question of jurisdic
lion upou the ground of reason. Upon
that of prccedaut and authority, it is hot
Sossclear.
Wo need not transcribe the papal bull,
which iu 1493, divided the newly discov
ered regions between the (wo tuitions,
who in modern times were the cailtest
maritime adventurer*. It is a document
' too well known to require particular ex
amination. It declares, that "we consti
tute, ordain and appoint you, your heirs
and successors ns aforesaid,' lords of the
same, wi|h full, free and all manner df
power, authority and jurisdiction.”
These terms end the practical exposi
tion given to them in all succeeding times,
leave no doubt of ibaJHgUmsicins then
established, and which^^^ueon main
tained to our day. The general doctrine
was this. The discoverer of n country
not previously known to any of tho civil
ized nations of the old worid, had a right
to take possession, und to establish some
token of sovereignty. IIo then became
ipso facto, the rightful owner of all the
laud within a certain distance of this point.
What that distance was is doubtful, and
perhnps, ft *r»s never uniform. In the
earlier English charters, it is two hun
dred league*..
When the coifhtry became known, boun
daries were proscribed more or less defi
nite, as llie knowledge of it was more or
less accurate. Thai these boundaries
were barriers against the approach of ri
val discoverers, has ahvaya been agreed.
Thut within them an absolute jurisdic
tion was assumed over all persons and
property, has never been questioned till
recently. An examination of the subject
will probably »Viow,4&I the mode of /leaue-
ably exivngutshingjjj |l jj, lu l( ||„ (j„ v0 ( un .
tary airangemrot, wfcd, is supposed lobe
B practical disclaimer u f , he rights of jo
risdiction and property, ha, not resulted
from any doubts ot (he original p.inci-
*ptes, nor of the power to apply them.—.
Chiisteodom, and decided that tbe latter
had yielded, aud justly yielded to the for
mer. But their speculations would havo
boon as unworthy of them, as of the sub
ject itself, if the wjnfjo question Were
merely, who should buy and fairly buy the
property of- the Indian*. Wete they cor
rect in their opinions, that the charters in
volved far mote momentous consequen
ces ? Let these instruments decide. That
which Was grauled to Columbus, recites,
that “ inasmuch ns you, Christopher-Co
lumbus, are going) by our command, to
discover and conquer, &ci certain Islands
and mainland, dec. uud it js hoped, with
the assistance of God, that some -of tbe
aforesaid islands aud -mainland-irr the said
-ocean will be discovered and conquered,
through your labor and industry,"'dec,
“ And in order that iu tho said islands
and mainland, which uro discovered, and
shut! be discovered hereafter in Said ocean,
in the parts mentioned of the Indies, the
inhabitants of all that country may be
better governed, we give you such power
and civil and criminal jurisdiction, high
and low,” dif. , ,
The commission to Wurd and nthers iu
1501, authorises tlieso persons,-" their
heirs, factors aud deputies; tostril uud ex
plore, at theii; own expenses, all islands,
countries, regions aud provinces whatso
ever, in the eastern, western, southern
aud,northern seas, unknown to Christians,
und to set up the royal bunuer. in such
places, as they may discover, and So sub
due und to take.possession of the same,'
fitc.
The earliest English Commission is
that to Cubot:—It "grants and gives li
cense to the same or either of them, their
o r either of their heirs or deputies, to af
fix our aforesaid banners and insignia in
any town, city, castle, island or comment,
by them newly discovered," &c.
Queen Elizabeth’s chatter to Sir Hum
phrey Gilbert, empowers him "at all
times hereafter, to discover, find, search
out and view such remoto heathen and
baibnrous lands, count ties and territories,
not actually possessed by any Christian
prince or people, us 10 hint, his htprs, and
assigns shall seem good, and the same to
have,.hold, occupy and enjoy to him, his
heirs und assigns forever, with all commo
dities, jurisdictions and royalties by sea
und land ;” und further, "shall hqve, hold
and occupy all the soil of all such,” Ate
and of "all cities, castlos, towns aod villa
gos in the mine, with'the rights, royalties
and jurisdictions," dzc.
To Sir Walter Raleigh is granted “all
tiro soil uf nil such lands, territories and
countries, |o be discovered aud pouaxsed
uu aforesaid, and of all such cities, q*silos,
(turns, villlagcs und places in tint-sumo,
with ?hn royalties, franchises und jurisdic
tion.” dec.
The Patent from the King -of Franco
lo tho Sieur do la Roche, Lieutenant Gen
era! of Canuda, in 1598, empowers him
"to enter those foreign ports, to obtain
possession of' them, on amicable terms,
and if necessary, by forco of arms and
strong hand, and all oilier model of hos
tility, to attack towns, forts aud dwellings,
to bring them in subjection to us; to bqiid
other towns und forts; to, make laws,
statutes and ordinances, aud to cause
them to he observed; to punish or par
don delinquents, a* shall suent to him
good : Provided alwuys, that they he not
occupied by oilier powers friendly to us,”
dec.
These nro the mo;o ancient charters.
Of the modern ones, let that grauted to
Massachusetts serve as a specimen:
" To take and to hold the said part pf
New 'England in America, which lie* and
extends aud Is abutted 6* aforesaid, and
every part and parcel thereof, nt'd all she.
•aid islands, rivers, ports, havens, waters,
fisheries, mines, minerals, jurisdiction*,
franchises, -royalties, liberties, privileges,
commodities, hereditaments, &c. whatso
ever, to the said, dec. their heirs, dec. for
ever,” dec.
It may be asserted, without the fear of
contradiction; that every charter to every
British colony, prior lo the independence
Of the United States, was equally general
in its grant of soil and jurisdiction; con-
veying, us expressly as words could con
vey, all the objects, upon which political
power can operate.
And what constructive restraint can be
imposed upon terms, so plain ami compre
hensive in their signification, by which
tlieeo “ lofty” expressions may be brought
down to a simple declaration to (lie ci
vilized poworffOf the earth, that they must
not interfere with these grantees in any
purchases they might make of the Iitdiuns,
and to a mere pet mission to make such
purchases ? Will that lim'itwiou be found,
us has been suggested in the opinion of
the Supreme Court, in tbe power td.tnalie
war, offensive or delensive ? And- does
that power, ns it was granted and under
stood, operate, by necessary implication,
to exclude from (ho juriidiftjion of die
colonics, all the. Indians livingwithintheir
boundaries ? Let us examine. The first
charters conveyed ubthority, f-‘ To take
and surprise by all manner of means
whatsoever, till and every, person or per
sons, witlt (heirships, vessels, und other
goods and furniture, whlcii without the
license of the said Sir H. dec. shall be
found trafficking in any harbor or creek,
within the limits aforesaid, dec. and those
persons and eyery of them, with their
ships, vessels,-‘goods and furniture to de
tain and possess ns of good and lawful
piize, according to the discretion of him
the said. Sir H ” dec. without uay direct
allusion to ‘tho ‘ natives. The ob|cct oi
these provisions was to enable the colo
nists to. protect themselves from the at
tacks of Europeans, as is apparottt from
theii union -with the power to seize the
.-•hips, afqis, ammunition uud other goods
of invaders, dec.; from the cautious dec-
laiaiions.'TRflj) those, who committed hos
tilities willing just cuuap, should be pla
ced out of tmnting’s protdtlipn—a clause,
which is well known to havo served us a
pretext foi the sacrifice of Sir Walter Ra
leigh.
It is only at a later, period, that tho In-
din its arc introduced into the ciiarters, in
connexion with the war making power.
An# then, to enable tiie colonists to car
ry on any necessary operations against
them, without being Stopped by their char
tered limits. ■ Connecticut- is thus em
powered, “upon just causes, to invade
and destroy the natives or other enemies
of the said colony.” The word natives
here is obviously synonymous with Indi
ans, and not a descriplivo epithet, embra
cing only the native born aborigines of
that colony. "And because in so remote
u country,” says the charter to Penn,
“noar so many barbarous nations, tho in
cursions ns woll of the savages as of oilier
enemies,” dt-c. are to be feared, therefore
the power of war is given. • "Incursions”
into what? Why, into William Penn’s
province. And by barbarous nations,
dfehoir lcrrifory, and 'fevery thing attached
toll.”
“ There is," says Vsttel, " another
celebrated question, to Which the discover
rv of the ttbw wbrM has principally giveli
rise. It is atked, whether n nation may
lawfully take possession of Sbihe part of
a vast country, m which there are none
but erotic nations, whose scanty popula
tion is.incnf^ble of occupying the whole.
We have already observed, in establish
ing the obligation to cultivate the earth,
that those nations cahliol exclusively ap
propriate to themselves more land than
they have occasion for, or more than they
are ablo to soldo aud' cultivate. Their
unsettled habitation in those immense re
gions cannot he accounted a true and lo
gal possession, and the people ef Europe,
too closely pent up at home, finding land
of which the savages stood in no particu
lar need, and of which they made no ac
tuaI aud constant use, wete lawfully enti
tled te take it, and settle it with colonies?
“ Wo do net therefore deviate front the
views of nature, in confining the Indians
to narrower limits.” “ When a nation
takes possession of a country to whiclt no
prior owner can lay clnqii, it is considered
as acquiring iho'empireter sovereignty of
it, at the same time sin the domain.”—
“ We shall proceed further and shew the
natural connexion ‘of tlieso two rights,
(the domain and the government,) in an
independent nation. How could she gov
ern herself at iter own pleasure in a coun
try, if sho cannot truly and absolutely dis
pose of it? And how could she have the
full and absolute domain of a place, where
she has not the command.”
The historical facts und opinions bear
ing upon this question, are in consonance
with tho deductions already quoted, which
huve bden drawn from the laws of nature
anti nations.
Tho Alibe Rayttul, speaking of tiie sel-
ilementof Brazil, observes, " their char
ter authorized them to treat the people
subjected fo them, in tbe manner they
thought proper.”
The sume author alluding to the pur
chases mado from the Indians by William
Penn, in addition to his charter from the
King of England remarks, that “ he is
entitled to the glory of having given an
example of moderation and justice in A-
merica never so much as thought of be
fore by the Europeans.”
Although the eloquent historian of the
Indies has overlooked the prior example
of many of the Puritans, still his panegy-.
rie upon Peon is not the less merited.—-
And Vatiel, who does justice to both of
these parties, thus contrasts their conduct
with that of their predecessors and con
temporaries, in the greut work of discove
ry and settlement.
“ People have not then deviated from
the views of nature, in confining tiie In
dians within narrow limits. However,
we cannot help praising the moderation of
the English puritans, who first settled in
New England; who, notwithstanding
theii being furnished with a charter jrom
their sovereign, purchased of the Indians
thA land, they resolved lo cultivate. This
laudihlo example was followed by Mr.
William Penn, who planted the colony of
Quakers in Pennsylvunia.”
Did it ever occur to either of these cel
ebrated writers, that neither the pilgrims
of New England nor the founder of
Pennsylvania had any. claim to tho pos
session of the countries, included in their
charters, until they .purchased the usufruc
tuary right of the Itidiuns? The praise of
humanity is awarded to .them, not for do
ing what, upon this gratuitous assumption
they must necessarily have dono, but for
abandoning their rights, and sacrificing
their interest to their sense of equity.—
For holding in abeyance their legal claims,
till to these were added the voluntary re
linquishment of the primitive people, who,
by u law of stern necessity, were to dis
appear before them.
Professor Ebeling, in his History of
Pennsylvania, translated by Mr. Dupou-
ceau, says, “ This tribe," tho Delawares,
“ by a formal contract, ceded the land lo
William Penn, who wished to make his
settlement on a soil rightfully acquired,
uud on a principle that had new before
been recognized in the establishment of a-
ny European colony. Who does not
wish to become more intimately acquaint
ed with this man, - whoso noble spirit
and if Ills charter Was “ considered as
blank pajMr s* far as th? fights of the na
tives were c4ficerned,”th1s incident M the
li'fe Of Penn, so illustrative of his own
character, aOd of the principles qf the
sect to which he belonged, has been whol
ly misunderstood, ft.dwindles into the
mere purchase of nn article ho was desi
rous of obtaining, but which he could not
obtain, without such purchase.
Grabnm, iu his history of the United
States^ remarks, that in the settlement of
Maryland, the emigrants, “ aware that the
first settlers in"Virginia had giveit umbrage
to the Indians, by occupying their territo
ry without demanding their permission,"
determined to " unite tho new with the
ancient race of inhabitants by the recipro
cal ties of equity dud good will.”
The same author in speaking of tho
Dutch, observes, " their first settlement
was effected apparently without any equi
table remuneration to the Indians.”
Chalmers, the accurate ami laborious
annalist, thus states tho general principle:
" The American emigrants settled hi a
region which was regarded by them as a
territory of the English Empire, because
it had been first discovered aud first occu
pied, by virtue ‘of commissions front the
great seal of England. The validity of
this title bad been recognised the appro
bation and practice of tho Enrupcan
world. And it had been confirmed by the
law of nations, which sternly disregarded
the possession of tho Aborigines, because
they hud not been admitted into the soci
ety of uni ions.”
“ Afterwards,” snys Douglass, “ in
place of prior discovery, pre-emption of
the Indian uatives and occupancy was
deemed a more just and equitable title.”
Gookin, the friend of tiie Indians, in
(he quaint style of his day, observes, “ if
any should object, that it is not necessary
the English should grunt them (the Indi
ans) laud, forasmuch ax it was all their na
tive country and property, before the
English came into America; the answer
is roady. First, that (lie English claim
right to their (the Iudian) land, by patent
from our King.”
Among the proceedings of tho Massg.-
clutsetts government, is the following, in
1633:
"It is enacted and decreed by this
Court and the authority thereof, that what
lands any of the Indians have possessed
and improved, by subduing the same, thoy
have ajust right unto, according to that
in Genesis 1, 28, 29.” This is the very
doctrine of the elementary writers, that
the Indians maybe rightfully confined to
the land they need.
" In America,” says Robertson, “ eve
ry Indian is either an immediute vessel of
tho Crown, or depends upon some other
subject, to whom the distiict, in which he
resides, has been granted, for a limited
time, under the denomination of an enco-
mie.nda.”
11 were a useless waste of time and ta
li or to multiply these quotations. They
abound in every history of the discovery
and settlement of the Western Continent.
The subject will he closed by a brief ro
view of the judicial decisions and authori
tative declarations, which bear upon this
question
(rTo be continued nat week.)
the principles aud usages of law. And'Si-
ther of the justices of the Supreme, ns well
as justices of the district court, shall have
power to fraM writs of liabens corpus, (
which shall i* no case ertind to prisoners
in jail, unless token they are in custody,
tender or by color of the authority of the
United States, or are committed for trial
before some Court of the same, or arc ne
cessary to be brought •into Court to testi
fy
No process can issue to take the Mis
sionary prisoners from the power nnd cus
tody of Georgia, at is apparent, except in
violation of the above act. Congress in
tended, in criminal casos like the present,, ’»
to protect the States from the grasping
propensity of the Supreme Court. It has
done it, knd there is no Way in which that
court can execute its judgment in this caso
except by u palpable usurpation, 8nd a
direct invasion of the legal and constitu
tional rights of Georgia. Tho fact is,
that if there cver was a political decision
in tho world, this is one; and made with
scarcely nn effort to conceal its partisan
character. *
who are "near,” not in it.
The solution'of.tho apparent d fliculty
tit this case lies upon !lm surface. All
tho Indians, within tho charted limits of
every Colony, were tho legal subjects of
that colony, rosponsible to its government
in any way thut Government might think
proper to control them. If, as is evident
from the whole tenor of history, the char
ters, slricti juris, conferred the ubsoJutc
dominion within their boundaries, all |>er-
sons living (heroin, were subject to the
jurisdiction established, and liable to he
punished at discretion for contumacy.—
No power to make war upon such persons
was necessttry. Tho (tower to suppress
their resistance and to restrain them, in
subjection, was necessarily incident to the
nature of the grant. This doctrino is well
slated and illustrated by Douglass, in his
history of the British settlements in North
Ameiica. “ When the country of the In
dians at war with us lies upon ^our own
Iroulier, but without our grants, I call it
war, in the common acceptation; if within
onr grants, but without our settlements, I
call it an erupt ion; in our proclamations raised him so far above tiie age he lived
against them, it is called a rebellion, ns in in?”
all tiie N,-w England wars with the Ajma- ’ ’ * •’ -* “
quies; if intermixed with our settlements,
it is an insurrection; such were the wars
of the Pcquots, anno 1637, and of King
Phillip and his confederates, anno 1695,
MISCELLANEOUS.
Bui in anv View, it is tfol easy to per
ceive how the claims of the colonists‘cun
be controlled by the provision, thaf^fho
cause of war must bo just. If they hlid a
right to the country and its inhabitants,
any effort of the latter to intei rnpt this
right would be just enuseof war, and such
war would bo waged for their “ defences."
To ascertain the justice of the war; the
rights of the patties must be previously
ascertained; the former depending upon
the latter, aud not the latter upon the for
mer.
Such are the views, presented by n cur
sory examination of the charters. These
views are fortified by the opinions uf ele
mentary writers upon natural law, by the
concurring testimony of historians and by
tho decisions and declarations of judiciul
tribunals and public nuthoiities.
Marten says, “ from tho moment a na
tion have taken possession of a territory
in right of first occupier, and with the de
sign to establish themselves there for the
future, they become the absolute and rale
proprietors of it, and all that it contains;
and have a right to exclude all other na
tions from it, and dispose of it, as ‘they
think proper.” “ It b»ioug* to the pos
sessors of course, Vo make thy distribution
Noble, in his continuation of Granger,
is equally struck with ihe disinterested
course of Pern. “ He occupied his do
mains by actual bargain and sale witlt the
Indians. This fact does him infinite hon
or. Penn has thus taught as trr- respect
the lives and properties Of the most on-'
enlightened nations.”
But the fact could do him no honor, if
lie bought only what he had no right to
take without buying. Nor would such a
lessor, he worth communicating or incul
cating.
But Penn’s own opinion upon this to-
1 >ic is conclusive. In his letter to the
Lords of the Committeo of Trade and-
Plantations, in 1683, he says, “ I have
followed the Bishop of Loudon’s council
in buying, nnd not taking away tho na
tives’ lands,” &c. His right to tnko them
was evidently never doubted by himself
or others, but advised by tho pious Comp
ton, be adopted the wiser us well as bet
ter course, and he thus acquired for him
self an unfading renown, and for his Prov
ince n happy exemption from many of
(hose wars, which devastated the other
Colonies.
His biographer Clarkson, speaking of
this distinguished act, says, “ He proved
himself, in this instance, above the preju
dices und customsof the times.” If these
“ prejudices and customs did not sanction
the acquisition Of the lodian lauds, with
out the consent of tjte roaming occupants,
From tho Boston Staiesmun.
Georgia Missionaries.—We have look
ed in vain lo the opposition papers for the
law which makes it the duty of tho Presi
dent to interfere to enforce the decisiou of
the Supreme'Court. In Inct, it is tto part
of the President's duty to nteddlqr with that
decision. He bus no authority to do it
—neither will there be, ns we understand,
the case, any collision of authority about
the matter. The Supreme Court of the
United States have ordered tho Slate
Court of Georgia to reverse its judgment
and sol the missiontnins at liberty. That
Court neglects to obey the order—there
is surely, no resistance—no rebellion in
this, but simply a disobedience. The case
next winter will again come before the
Sopremc Court; and what can they do?—-
they cannot send an order to the Georgia
Jailor to release the prisoners, for he is not
an officer of the United States, and that
Court have no right to direct him. They
cannot bring the prisoners up on a writ o)
habeas corpus, and rcleuso them because
the Judiciary acl of 1789 expressly |yo-
.hibits it. Thuy cannot order the mar
slial to release them, for that would be
an evasion of this prohibitory clause of
the Judiciary acl. The prisoners must,
therefore/ remain martyis, as they wish to
be, their time out, and then us the Court
have decided that they arc unlawfully im
prisoned, they may stto the jailor for damn
ges which suit will bo tried before a Geer
giu jury, and suelt damages as may seem
proper to them, will be awarded. This
st em. to us to be the legal and only courso
the case can take. Pooplo may wonder
ns much as they please, and say that tho
Court ought to have power to enforce
their decisions. Ought to, is one thing,
and to possess, is unother. If the Court
have struck without the power of reaching
their object—if they havo shewn their
teeth without tho ability to bite, the act
was voluntary on their part, and they
should bear ihd discrodil without repining.
tlow can tho supreme Court oi the U-
nited States, or any member of it, : ssue a
writ of habeas corpus? The following
extract from iheactofSeptember24,1789,
creating the Supreme Court, entitled an
act‘to establish the Judicial Courts of tho
U S ,'Section 14 expressly prohibits tho
writ of habeas corpus in the case.
* All the before mentioned Courts of
the United States, shall have power to is
sue scire facias, habeas corpus, and all oth
er writs, not specially provided for by the
statute, which may ho necessary for their
respective jurisdictions, and agreeable to
From n Paris p»p*rof96lh February.
Duel at Paris.— Yesterday mornings
ik place in the Uois de Vincennes,
afflicting lit its result than re-
markable from the station in society of tho
duellists. The parties were a natural soil
ofthe Emperor Napoleon, andnn Aid-do-
Camp of the Duke of Wellington. The
following are the correct details respect
ing the motives and circumstances of this
combat.
In consequence of some dispute which
took place at a card party, the most out
rageous epithets were applied by Mr. Hes
se, an Englishman, aged forty, towards
the Comte Leon, a young Frenchman,
aged 16. These im/ults, it most be added,
though highly offensive in themselves,
were hi the opinion of the latter, stilT
more so, and he felt them the more poig
nantly,the natural tie which united him
to Napoleon being no secret to any one;
and, which, indeed, may be attested by
the striking resemblance which he bears
to tho late Emperor, for whose fame ho
is most anxious, and from the author of
the insult having been an Aide-de-Camp
of that General of the Holy Alliance,
whose numbers nnd fortune triumphed lo
ver bravery and genius. The challenge
was given and accepted, and one of the sc*
conds. Colonel Fournier, in ado before
hand, in writing, all the arrangements, with
a wisdom and a prudence that afforded
reason to hope for a.less fatal result. ,r
M. Leon having renounced the right of
choosing the weapons, his adversary chose
pistols. It was decided that each should-
provide his own arms, and that the se
conds should ascertain that the pistols of
both parties wore not unequal—that they,
should be loaded by the respective seconds
that a distance of ten paces should’ be
measured—and that bounds being thu*
obtained, the parties should he placed aV
a distance of ten paces from each of flMae’
limits—that is to say, thirty paces, from’
each other; that when thus statrorved at
this distance, each should be fiee to-ad-
yance to his limit and fire whon agreed
upon, without being at liberty to pass'the
bound; that the combatants should fire at'
u given signal, with some other arrange
ments, the parties agreeing to submit em.
tircly to the decision of tiie seconds; but if
tiie lattei should be desirous ot continuing
the combat against the advice ot their se
conds, the latter were to (Incline their in
terference and retire.
These conditions were punctually ful
filled. We may even, add that before thee
parties resorted to the-use of their nrms t
tho seconds mutunlly declared that they
recognized them as ineu of honor uud in
tegrity.
Mr. Hesse had for his- seconds the
Court d’Estcrno, a Geiman, atld an Eng
lish officer; and the seconds-of Count Le^
on'were Colonel Fournier, and Mi May,,
another Fronclt officer. General GoOr-
gatid, and the Surgeon Major ofthe litli
Regiment of Artillery, in garrison-at Vin
cennes, were also present.
Scarcely weie they placed at llio dis*-
lance agreed upon, when the adversaries,
advanced five paces towards each other.
Mr. Hesse fired first, without Wailing, and
immediately Count Leon fired in his turn,,
and wounded Mr. Hesse in the chest.—-
Tho wound was so dangerous that, by tho
advice of a surgeon, Mr. Hesse was con
veyed to Paris.
It Is certain that every attempt mado
previously lo reconcile tho purties had
proved fruitless, ft is stated that- M*
Menneval, formetly secretary to the Cat-
pffror/aml who was tho tutor of Court Le
on-, himself appreciated all the magai j
tudo ofthe insult.
A singular circumstance may be quoted
as connected witlt this lamentable affair, in
which both parties conducted themselves
with equal coolness. M. Leon, on a
journey to Romo last year, was received
most affectionately by tho family of Bona
parte. Queen llortensia made him a
present of a button, recommeuding.him to
wear it under nny circumstances where ho
might incur danger, and adding, that it
would be fortunate for him. M. Leon,
who had hitherto neglected this species of
talisman, woro it yesterday for tbe first
time on his breast.
The Washington Correspondent of the
New Yoik Gazette says— ~
“A trifling incident occurred in' the
Sonate a day or two ago, which shows the
good feeling which may exist between op-
posing politkionc, notwithstanding an oc
casional display of acrimoniousness iu de
bate. Mr. Clay having goqeto the Clerk’s
desk to note an amendment in a bill ho
had presented, found ihgt |, e had left hbt
spectacles behind him in his seat. Asking
some one to lend him a pair, Mr, Smith of