Newspaper Page Text
INDIAN AFFAIRS*
' From the Nitionil lnt,ltij«Ae*f, April *■ ■
' TREATY WITH THE CHEEK INDIANS.
’ Tilt! following Treaty Itea received 'he as*
dint, of ibe iltiaw, aud basing previously ru-
reived ilic apgiobation of Ibe President of ibe
Uniicd Slates, may be expected to be official
ly published at an early day. Having menn-
*\yiill(f obtained n copy of it (the injunction of
Kvrre ry upon it having been removed) tvo an
ticipate lUul publication.
ARTICLES OF A TREATY
M,nle at thr City of Washington, between ttw-
iv Cate, thereto eyteialhj authorised by the
I'resident of the United States, and the Creek
tribe of Indian*.
Art. 1. The Creek tribe of Indians code
to the United Stales all ihoir land Kant of the
Misitiaaippi Kiver.
Art. 2. The United Stoles engage to sur
vey the said land as soon as tlio samo cun he
euiitcnieolly done after die ratification of tins
treaty} and when the same is surveyed. In al-
dollars.
To ihe tMind U.ltCiKing, one hundred dol
lars.
To Neuh Mieeo, one huudrod dollars.
There sliull be paid the sum of fifteen dollars
for each pursuit who lie. emigrated without ex
pense lu lliu United States, but the whole sum
ullowed under tins provision shall not exceed
fourteen bundled dollars.
There slmll be divided among the persons
who suffered in consequence of being prevented
from emigrating, thfiu thousand dollars.
The laud hcruby ceded shall remain as a fund
front which all tho foregoing payments, except
those in the ninth and loath urlicles, shall he
paid.
Attr. lit Tho United Stoics arc desirous that
the Creeks should remove to the country west
Tho Southern Banner.
tDITCH ET ALIKIN CIIASK AND 4LFRk.ll M. KISBET.
Tuebbay, April 24» 18-32.
4 11 < n ( n .nrpManon Uio uncivilized to the scfcrol States,Andttili belongs to them, unit-eg
great Object to tcacb lhem | they hs.aceded it lu the genet Government. I„ tlm
parly the conviction© f , ^ ahould i Constitution of tbs litter therefore* ibis evidence of
A PMw'tediv »ud°a' ww"^‘r^mdhSJ 0 i'Iwb.} U There oro but three ptevi.ion. in that instrument,
bimen. tr mutual h,dependence wuutrt never elf,tel j which have the remotest coanexton wuh tins tubjeu.
Ih j, v... lit nnunises and professions and Coll- ,Tobe continued.)
N'or would pruuases and professions sad Coir
vcimonsl obligations. Feeble, indeed, would ho such
isrricrs sgsmsl the tide of Indian power, iiaptllcd by
lit, s I'Ullieir — -
vs* correspondent “ Walton,” tn»y rest assured inai {ludJiMii passioup. ..... . <•
Ihc Uooifiian who at thepresent crisis, “ i* willing t© Coder such circumstances, jurisdiction is well is-
eld lioin tier for years, to the ledcral Court and the j ^ s |1|U ClJI ' rt . •» Tlio United States," says Chief
I Goveiarncnt," should he he cnviuus ot tho dis- „ m3|ii|a
held
Fedora
every gave
n!l other* liuve .:>:un-
lusrve right to eat
Fut in Seeennik.—'The Savannah papers received
the last mail, brought us the unpleasant information
of the occurrence of another fire in that plate. It tools .
place between 10 and 11 o’clock on Friday night, tho
Util insl. in the large waro house owned by Mr. Ga-
I on the bay, and destroyed 10.12 bales of cotton.
iincliun will be attended to by tho people of Georgia, tained, that dit - -
,1,1 i M.mrf.v.n October noxt. The man, who iu guish the Indian title el occupancy, either by puictiaae , V4 | uo d at about #31,000; of which amount, #20,000
tue Is. MondayOctober no,.. . $, eony.c.t, and gave 1 hu.n u.s;, a r.gh to .net, ad^ inaured asfoltuvvs: Augusta Im.nr.neeCompany,
Igrceot sovereignty, as the circiui.siani.esof the people n > m ,, " nan „/_•
the In>ur „f ditticully, the hour that “ tries men
—v, lion uppreieioii
•• Like tho deadly blight,
Cntues n'er the councils el the brave,”—
irableand ennobling j
of MiKsissippi, and join tltuir countrymen there, J pmvM recreant tn every thinqlc
null for this put pone, it is agreed tli.il us fust an
the Creeks art* prepared lu ciuigrnle, they shall
ho removed at the expense of the United Stales,
and .hull receive subsistence while upon the
journey, and for one year after their arrival nl
their now homes. Provided, however, tin:!
tilts uniclo ahull not he construed so
low ninety principal Chief* ol the Creek tribe j c „ tll p u | „„„ Creek Indian to emigrate. but the,
to select one section each, and every other' lltt „ fruu t0 g(J or „„ , hcv ,,| ea - c .
(in .1 fan,. . ^antl.r t I A* I B J '
head of a Creek family to select one Imlf see.
turn each, which tracts ahull he reserved from
suie lor their use for the term of live yenrs, j
Art. 13. Titcro ahull also be given to oncl
emigrating Hurt tor, u rifle, moulds, wiper nr.d
, , J en ‘*t j ammunition, nnd to each family one blanket,
unless sooner disposed of by them. A cenotta Tfcreo ,housaud dollars, to l,u expended ns the.
til muse perstiys shall be taken under the dt- -
rertioa of the President, and the selections
shall hD made so us to includo llto intprove-
ilients of each person within bin select ton, if
tho sumo ran be so made; nnd if not, then r.ll
tho persons belonging to the same town, enli
lied io seleclio s, and who cannot tnnko the
lame so as to i Jude ilicir improvements, sliull
take them in one body in a proper form. And
twenty sections shall he selected, under fte
direction of the President, for the orphan chil
dren ullhe Creeks, mid divided nnd rclmred
or void for their benefit, os (he President tuny
direct. Provided, however, that no selections
■or location* under this treaty, shall he su inudu
Us to include the agency reserve.
Art. 8. * Itese tracts may he convoyed hy
the parsons selecting the same, to anyotlu i
person* for a fair consideration, in such ni.ni
oer ui the President may diiucl. Thu con
tract shall be certified by some person appoint
cd lor that purpose by the President, but shall
not ho valid till the Prcsidnnt upproves the
came. A title shall ho given by the U nilod
Stales, on the completion of the payment.
Art. 4. At the end of five years, ull the
Creeks entitled to these selections, iitul desi
rous of remaining, shall receive patents there,
for, in fee simple, from the United Slums.
Ant. 8. All intruders upon the country
hereby ceded, shall bo removed tlioicfrom in
the same manner as intruder* may bu removed
hy law from other public land until lliu country
is surveyed, and Ibe selections mndo ; excep
ting,However, from tbia provision, those white
persona, who have made tboir uwn improve
incuts, and not expelled the Creeks front theirs.
Such persons may remain till their crops ore
gathered. Alter the country ia surveyed mill
the selections made, ibis article shall not ope
rate upon that pari of it not included in such
select tuns. But intruders shall, in the man
ner before described, be removod from these
selections tor the term of five years from tho
ratification of this treaty, or until the smr.e are
conveyed to white persoos.
Art. 6. Twenty-nine sections, in addition
to the foregoing, may bu located, and patents
for the tame shall then isvuu to tlioso persons,
being Creeks, to whom the samo may be as
signed by the Creek tribe. Uut » henever the
grantees of theao tructs possess improvements,
rurli tracts shall bo so located as to include the
improvements, and as near as may he in the
centre. And there shall uteo be granted by
. jmtonl to Beojumin Marshall one suction of
fsnd, to include his improvements on tho Clint-
tshoochee River, to be bounded for ouo mile
to u direct lino aloug the said river, end to run
back tor quantity. There shall also be grunt.
,od ■ a Joseph Bri/uer, u colored man, ouo hull
suciiou of land fur his services us an iuterpre
(cr. •
Art/ 71 Ail the locations authorized by this
Treaty, with the uxcepuuu oflliul la Ucnjumm
• Marshal, sliull be mado io ecniformiiv with thu
line* of llto surveys t end ills Creeks relinquish
oil ttsim for improvcmoniH.
Art. 8. An additional annuity of t«elv«
thousand dollars sliull ho paid to th** Creeks
for the term uf tivn yours, uiul tlto'eafter the
said annuity shall ho reduced to ten li'nusnud
dollars, and shall he paid for the temi offtfiefb
year*. All the mmuiticaduo to the Creeks
shall be paid in siicii mauuer na the iribe diroet.
Art. 9. For the purp'oao of paying certain
4el>ta due by tho Crocks, aud to relieve them
inj|teiv present distressed condition, the sum
of bne hundred thousand dollars shell be paid
to the Creek tribe, a* soon as may bo, after
the ratification hereof, to bo applied to tho pay
ment of their just debt* and then to their own
relief, and to bn distributed as (hoy may direct,
nod which shall b« in full considerattou of nil
improvement*.
Art. 10. The sum of sixteen thousand dol
lars shall bo allowed as a compensation to the
dclugatioD tsenl to this place, aud fur the pny-
imuii uf their expenses, end of tho claims
against them.
V /4&RT. U The following claims shall bu paid
2>y the U. States:
■ For ferries, bridges and caunnways, three
thousand dollars; provided that the same shall
become the property of ihe’U. States.
forthe payment of certain judgment* oh
taiurd against Ihe Chiefs, eight thouannd live
hundred and seventy dollars.
For losses for which lluty suppose the U.
States resDonailde, seven thoussod seven hun
dred and ten dnllsr*.
Fur the payment of improvement* under the
HI ot 188$,-poa thousand dpllpm.
three following ani.uiiiea shall bo paid
To Toske-hew-hatv-tiijetfier, two hundred
President limy direct, siiull ho allowed, for i
term of twenty yenrs, lor lunching their chit
dron. Am soon ns their people ciiiigrnlu, one
would allow Ilium Io exercise."
VVlint that decree ol* »tivercij*nty is, must b* deter
mined hy Die civilized, and not liy lliu vavuge comma-
nines. The taller arc incapable of weighing tho cir-
cnmatmnccs, and of appreciating their ini|Kirtancc.
And llio vurv ncccaaily of nfruinmg jurisdiction, 10 10-
• ,»>urinl!y, reap llm rc» ard lie so justly mer- i coriMiatcnt with tiiu ordinary principles of public mlcr-
i'cannot he mislskun with regard to the indi- course, is found, d upon the moral incapacity ol one of
ihe pmsltcs.”
On the subject of jurisdiction from presedent and au
thority he is no less clear, and handles tho opinion
lately advanced by the Supreme Court, viz: That so
fur os the rights of Ihe nations were concerned, the
Europeans considered their charters fo ho no better
_ ihan“so much blank paper,** wit. 1 much justice and
Missionaries and Prwhjiormn church, we observed, in I sove iity. After examining the ancient charters grun-
lo huirmn natare, and deserts the ciiu-ju of his slate
will most
its. Wo cannot
vidua! alluded to by “ Walton,” and if his charges arc
sustained against him, a more fignal defeat awaits the
gciilleui.nl, than wan sustained by him m a late Con-
grc*hiuiiul t'ltctio.i.
[u» In nri atiicle laft week un tlm aulijcctnf Urn
fipraking of the ttnthor of the communication i
the j
ted lo Columbus, Ward, Cobot, liilheit, Raleigh, Re
8 fy the mistake. The suit*'
blacksmith hliall bo ullowed them »»'d ariolb -r j the ltev. Win. Chun.berlai
liobtun Miasi'inary ilernM, that lie “dai nod to be a i Hocli, and the modern charters of Massachusetts,
citizen of our >'jlulc, I*v il under Ihe protection ol her | Connecticut, and other colonici, all granting civil and
i**«, and enjoyed tiie hu.-pitulny id her sons:" this wc | ciiinins! jurisdiction, lie says:
have a»ceilaiue«i io Li an • rror, nnd are happy lo reti- .
of the art id o alluded to, 1
when two tlind.A ©migrate, together with om
Inn uf iron and Iw-o hundred weight ol der !
annually foronch bluck-miiili. Tlictebla«k
.smiths shall bo supported for Iweuly years
iooary from souiv w litre
uuegianee, we believe,at the time he tuned lus "harp”
t; # ineltKliousiy, to theJoriijti and independent govern
ment of cilln.r ihe Cherokee or Creek Indians. May
Ant. 14. Th« C reek Country west of the ho never .again be tempted to “hang it «^n the wil
sMibKissippi sliull hi* solemnly guaranteed t
Ihu CrovU Imlinud) nor shall miy Stain or T«r-
lilury have n right lo pass laws for il»« <jiov-
©rninmt of such Indians, h n they -hall lie ill-
lowtd to govern llicmselves; sn far n * may li*»
compatible with the general jurisdiction winch
Congress may think proper to oxermn over
i lie in* And the United States will al««> defend
them from the unjust hostilities of o’hcr Indi*
ans, and will also, ns soon ns tho boundaries
of lho t runk country wustoftbn .Mississippi
arcs ascertained, cause a patent or urant to be
executed to tho Creek tribe, agreeably to the
third section of the act of Congress of May 21,
1930, entitled, “ An net to provide for an ex-
change of lands with the Indians residing iu
any of (no States or Territories, and for their
removal \Ve«t of Ihe Mississippi.”
Aut. 15. This treaty shall he obligatory on
the contracting parties, as soon ns tho same
shall po ratified by the United .Stale*.
Iu testimony whereof, the said Lewis Cass,
and the undersigned Chief* of the said tribe,
have hereunto set their hands at the City of
Washington, this 21th day of March, A. 1).
1832. LCW.CASS,
ODulhltltoh,
TucUcbnlchttliadgOy
Flieniulh,
Tut lu lmtclie .Wicco,
Tomack J\l cco.
11 'i Hi a in *\lc(*ilccry t
Benjamin J\turaliull,
In tho prosciico of Nunuel Dull, W illiam It
King, John Tipton, Wilhuui Wilkins, C. C.
Clay# J* Speight# Samuel W. Aiurdm, J. C.
I*uck8» John Crowell, I A.
Benjamin Marshall, j
Thoum* Carr, J. Jnterorttcrs.
John 11. Brodmix, j
The tono of tho opposition papers, in regard
to our unfortunate Stale, is much moderated
aitreo her firm and deiermiucu course in the
mutter of the miMMioituriv* has been aacertam-
cd nnd gone abroad. It i* only from rtinoin
purta that wc now hear the cry ot *• diHumou,”
civil war,” “ imp>m> hment,” &e. #c. The
following is from tiiu Maiiemtl Inielligcnccr of
the 6th lust:—Sarannah Georgian.
*• Upon further examiuatipn, wo are now
enabled to auy, it is duulitiea* true that the
power of tho supreme Court of the United
Staio* to ibHue writ* of Iwlmis corpus is (unt
ied to those case* in which the party •* impris
oned under borne authority proceeding from
some Court or Officer oj the United States. —
Therefore it would seem, that it the auiiion-
ttcii of Georgia persisted to retaining the mis-
sionnric* in priHun, they cannot bn relieved in
the rocean of the Court by habeas coi'ims. But
the remedy is adequate, and is, indeed, no
slower tlina by tout writ. For u habeus cor•
pus f unless it bo such a* a single judge might
gi.ant, nould not issue until next term ; and,
when Ihe ti* M M term shall come, if the missionu-
nea be s\ Jl m gaol, the Supreme Court may
issue process god OXccuto it* owu judgement.
The venerable Judiciary Act of 1789, pro
vide* that in cases tu which the judgement of
a Stale court is revorsud, and whore the case
has been already before /amended, the Su
preme Court may proceed to a tinuJ decision,
and award execution.
In the meun time, it would sect*' to bo
quite evident, that all tho agents of Gon/g^i
who are eoncernod in retaining the missionC*
rio« in gaol, are trespasser*, and must, one
day, answer for the false imprisonment.
This is uot the first instance, hy several, of
a State court taking upon itself to disregard
the judgement of the highest judicial tribunal
of odr country. Every case of the kmd has
hitherto had a lame and almost ludicrous con
clusion ; uud we have too much confidence in
the love of cotiQtry and thu common sense of
the Guorgiann, lo apprehend that the present
collision between the Judicial authorities of
that State and of tho United States w ill termi
nate tragically. Let all the pur ties keep their
tomper aa wall as they can : lot tlm friends ol
the Union aland firm by the sheet anchor: aud
lot no one of thorn doubt the safety of the gal
lant ship
Whose flag has brav'd, these many veirr.
7 he battle and the brecsg
i’,»C
—
“ .in Eftiihinalion uf the Chrrokee Question."—The
laic* Uucuion of tho Supreme Court, bus certainly pro
duced throughout the whole extent of our country, u
rilute of excitement unequalled by any occurrence, ei-
thcr hqpBiativc or judicial, which hue transpired fcince
tiiu formation of out Usveriunent; and we have come
lo (ho conelunion, that one of two comrequunceo must
iieceBAuiily result from (his high-handed usurpation of
po*»r • the Hirbversion of the cherished rights and ho-
veicigrttv ol Hie states, or tho degradation of a tribunal
heretofore clair/iing the confidence and respect of the
American people ! One of these two evils stare uj in
thu race, and to avert them both, we believe to be im
practicable. If then, tiie pcrmancy ofonr institutions,
halt'd as they are alo'ie on the eonstit'vtunul rights of
the States, are thus slaked against (he degradation or
ruin of n tribunal, the creature of the constitution—II
the one or the other must he tacrilist d, then, we say, at
ull buzzards, let the constitution he pr»-erv»*d inviolate.
Since this question has HK.si;m*''l u character -o d
ly interesting, wc have ollen f St ami lamented the
limited means within our ponniHtiuu, to cither it
our numermia readers justice. The great ienglh ol the
decision itself, u-r well us the length of the many aide
refutations of the doctrines therein advanced, by th*
friends of stutc rights, both at home ami abroad, have
compelled us, however reluctantly, to forego their pub
lication.
Among tlie nmqprous, powerful, and nimnsv. crnldc
appeals lo the people, which this decision hut* eliciteU
from tlie chumpiouH ol itate sovercignl>,lh« “ examina
tionof the Cherokee question,”published in the Vvash-
inglon Cilohe, of the 31st tit. claims at our hands the
first Coiivideiution, both on account of intiinsic merit,
and Ihu high source liom which it ih said to have etui-
nnted. Comnioti lame has ascribed it to the pen ofonr
iircouiplished Stcrctuiy of War, (tiov. Cass,) u geutlc*
maw ad:.drably qualified, boiti h> observation and
practical experience, to do the subject ample justice.—
U o should like lo lay the whole of this able paper be
fore our rcndci*, but inasmuch as its great length, and
our bruits forbid; wo moat be content with furiahing
them tho outlines of his argument. Gov. Cass com
mences on the ground of reason, hi* examination of
the quest ion of junsdiciion; and provea it to be in tho
state of Georgia moat conclusively, by calling to the
uni «»f tiiu own clear judgement, tho opinions of Vattel,
Ltn.ltu, Montesquieu, Smitn and Martins, the former
opinion cf Judge Martial, Judge Spencer, and others,
lie tays fu this subject:
“ Wncti ihe Europeans landed upon this continent,
they lourid il inhabited by uumerouv tribes of savages,
independent o! out* another, and generally engaged in
boHliiut*. J'hvse men were in the rudest state of bur-
b-t'iHin, thinly Hcutteieil over an irnmeuso region, sub-
siallpg pu.icipally by Uic * bate and by fishing, destitute
uf arts and sciences, igmuant of tue true principles of
religiTi and morality, acknowledging no law but the
ul lores; and vaiight irurn their mlancy, by precept
Such ar« tho views,presented hy a cursory exaiuinu*
^ {lion of tho charters. l'hese view s ore fortified by the
is undcffland, is a inti* | opinions of elementary wider* upon natural law, t>)
a ii East;” and claimed I the concurring testimony of hiatorians, and by the de
cision* ond declarations ofjudicial tribunals and public
uulnoritics.
Maitcn says, “From the moment a nation have ta
ken pu^seMUon of u territory in right of first occupier,
ami with tho design to establish themselves there for
the future, they become the absolute ami sole proprie
tors of it, nnd ull thut it contains: and have a right to
exclude nli other naiimm lr> m it ond dispose of it, ns
they think proper.” “It belongs to the possessors, of
course, to make the disltihmion of their territory, aud
of every thing attached to it,”
©There is,” auys Vattel, “ another celebrated ques
tion, to which the discovery of the new world has prin
cipally given rise. It is asked, whether a nation may
lawfully take possession of some part of a vast country,
in which there arc none but erratic nnlioiiB, whose
scanty population is incapable of occupying the whole.
v\ e have already observed, in establishing the obliga
tion to cultivate tho earth, tint those nations cannot
exclusively appiopriatc to themselves more laud than
they have occasion for, or more than they ore fibUs to
settle uud cultivate. Their unsettled habitation in
those iiumens** regions cannot be accounted a true and
legal posfitssion, aud the people of Europe, too closely
pout up at home, finding laud of which tho savages
stood in no particular need, and of which they made
no actual and constant use, were lawfully eutitled to
take it, and settle it with colonies.” “ Wo do not
therefore deviate from the views of m^ure, in confining
the Indians to narrow limits.” “ W hen a nation tak* s
possession of a country, to which no prior owner can
lay claim, it is considered as acquiring the empire or
sovereignty of it, ut the same time with the domain.”
“ ’ v sfiutl proceed turthcr, and shew the natural con
nexion dt taeto tw o lights, (th>* douiaw. and the govern
ment,) iu art independent nation. Mow could she go
vern heist.il at In.- own pii-asure in a country, if sin
cannot truly urn! absolutely dispose of it ? And how
could sliehuv* the full and uhsoiutc domain of a place,
w here she bus mil tha command 7”
The historical lads aud opinions bearing upon this
question, are iu consoimneu with Ihe deductions al
ready quoted, wInch have been drawn from the laws of
riatuic ami nahuiis.”
ai d example, that war wua tin great bumneas of int-ii
lives, uiiu its dangers and g> lies tho greut object ol
pursuit. Such were the Imiuua then, ami such are
they now, wherever their contact with the white u.au
Ims nut changed their | rimilhrc character.
••Altera very able historical euuimaiy and un elabo
rate enquiry into tiio general doctrine of the rights re
sulting from discovery and settlement, ihe .Supreme
Court of the Lnitcd Stale*, in the *-a: e of Juhr.son vs.
McIntosh, thus statu the acknowledged principles.—
“The United Slates, then, have unequivocally acce
ded to that great and broud rule, by which Hs civilized
inhabitants now hold this country. They lmid snd as
sert in themselves, the title by which it was acquired.
They mom.am, as all other* have maintained, that dis-
covcry gave un exclusive right to extinguish the Indian
title ofoccupuncy, cither by purchase or conquest; and
gave also u right to such a dcgiec of sovereignty as
the ciicumsiauccs of the people would allow them to
exercise.”
“The British Government, which was then our go
vernment, aud whose rights h »ve passed to the United
States, asserted a title to all lands occupied Indians,
within the chartered limits of tho Britisn Colonies. It
usscrled aUo a limited sovereignty over them, ami the
exclusive right of extingtsishing the title, which occu
pancy gave tuem.”
Thus placing the court in the ridiculous attitude of
controverting in the late decision, its former opinions!
tie proves further by the Frcnchand British statute*,
as well as the statutes of many of tho states, before
and since the revolution, that the right ofjiirisdiclion
over the Indiana, were not only claimed by them, but
exercised within their respective chartered limits; and
after establishing this right beyond the power of con
tradiction, lie proceeds to draw* the following deduc
tions :
“ 1. That civilized communities bavoa right tn take
poxst Ksion of a country inhabited by burbarou* tribes,
<o uptime jurisdiction uvei them, and “ to combine
*nlun narrow limits,” or in oilier words, to sppropri-
- ..w. v.. ul .£w. . V v.. ,. — — " v%v ** (uieto their own use, such portion ot the territory an
ll.t- now r.cu ol .hcn rte.l nfJ, m the cwse «' u, uv iliinkunmer.
Si,.-., to jirurturu each deploisbls cll.cU ..pur,i the lur-1 o Tr , al ,\, e cxcrcis0 of lhi , rl ,,|, t , , llch communj .
''* ,c t"u> | futiJ t-j’ "ll,or.i..-|, 1C8llrcl |,e ,udg» of tho wt.uu «f jurinjiclion, lo be
tm., suJ ggveruen Uj nthor ptmcipie.. \.e .ull nut U MUllll , d(Un u oplcrttlory to bo scuutrod.
hcio onquiro, whitlior, in taking in:,tii,imMii-lu coun- .. ... 1 ,
try, in rrcluming it iVhin . .laic iil'n.iure, .mi in lav- , “ I" 1 -'.eum# iiivuitigaiinii, tho attmnpt has
iu« the fuimdslitiu ul In.t mvitlunlne i.fiiiax*.*, winch I "•. ,ulc ' * hu ‘ l - ‘u 01 ‘he riylits of juriidiction uud
Iwscomu dawn to it., Huy wore right or wlonj. i.u l» u,l ..*' lll > »«<••'' inurtihcsiion, *» .irtumstoncci might
.bull t"nl«.vour heru.Iter lo .how, rtral tl.»-,i ,ir com- '. ' " :1L ‘" e iitL\*sury remits ul tiro diacovety
inand, to be fruitful n . j inulli|ily, mrrt roiili-ni.li the tt "“ -“Itlet'-oul >«t Ain.ncu. 'fh* prop, sition uiibrs-
oarlli and subdue it, In. been con.iiierert as om: ut him- j power ever prison, nnd thing., because these
.Croat hbiigation. Tiialn civiltxert community has a ' "‘hj’ ets lire clost-l, connected in the cli-inentury tiio-
nglil to gw In.tit, and take |s»-e.aiun of unoccupied ! «“**«»•. ® nii " hi.tnitcai review, slid because the
uud uncultivated legiuii.. mat the limiting inigru-
cnteitl fir the course of
sub-
I cnu.nleratrttn ul bulb wua
I Ibe ingum.nl.
Ilur tin. union i. not in-ecary for any purpose
which !nt» Iiquired the pres.nl examination. Am! in
ils larliicr piogreu, tho cuui.cxion will be dieindved,
ar.rl tlm enquiry »ill be c nlined io tlie qnrstioii ol po
litical superiority. It .till lc coiiccd.rt, ll.ai the Indi
an, ate cnlillrd, tub modo, to all theii right, ol property,
and cannot be dtvv.tcd of iheso v.iliiuut their own
up'iii ijaiihi.'td I and that Hie humnn'racu could not « uUa, ' nl -
dona of noun,die iriln
parley, a. ought lo qiv
lenitory, than is oectsury tnr Ibt-n c iiuibriabl
•i.lcnce, in tlie mode lo ti men they have been accua*
i-nned. Tlial Vattel, lt.tr gicat expuuiidcr ol tnc law
of uxlions, was light and ,o were In. asaociaic. in tin.
u ivc.ti#st)on, when the) uiatniaincd, -‘ that thu cultt-
vatu’" ul ‘ho *o'l was an obligation impo.td by nalut
-It f>lluw», therefore, that the near commumtief
.printing up in Ihe heart of a boundie.a w ilderuns had
s rigid t» aasuma Such ■ jurisdiction over the barba
rous pc >| lo around aud inning tb«m,a. «a. necessary
to Hu -aiuly of bath: and to stauum tbia, (tcaccablj
or forcibly, t. the oottrse of events might require. Tim
But in the application uf ibe general principle, to
the Lnitcd Mule, and to the Indians in contact with
_ Irutii tlm
tlii. court-
.veil tuba'** 1 r tirts'ly multiply, if rode Inbev, which
had not ad».'" , .’.‘* * ro111 the hunter state, were cntiiied . - . -
lo claim and .flam ad the bouiidle.s torcst. through 1 l a Pfm'mtnary queatmu ari.es, rcau ling
which they imglG wander. If such people will usurp f tcu lar °* Government estublnhed in li
more tormeiy tlilit' Utejr. can .ubduo and eultivate,
they have no right to complain, il a nation uf cultiva
tors puts in a claim fur a part-’’ This i. the received
doctrine uu this subject, and Its* been maintained by
Vattel, by Lurk.-, by MuuiA quicu, by Smith, by Mar
tens, and by many others, j’linciples sanctioned by
il.'io nuinea, can bs neither uurcasuoablo in them-
serves, I,tir unjust io their consequCucc., however they
may he jeered at aa * abatnelet. uud .UaiJow.’ ”
Is the goners! controlling auliiuiity ovtt the Indians
vested in tho ledetsl gov.inniml or in the respcciive
States?
It is obvious, that in the resolution of this question,
the Indians have no concern. Their rights, whatever
these may be, whether natural or enn.eutiunal, are
wholly independent < f lhi. enquiry. It i. one, which
allccls Ihe parlie. to our i wn governincni, aud i» to bu
decided by the Conetiiuthm which they liavc eslahlisli-
d* And wtiol! er that poiiionof sovereign power,
whiclt regulates the rights unrl diitiri of the Indians, re
side in the member; of this Uniorq or in the united bu-
dy itself, the lilt-ton which the two parties bear lo
une .11"tiler, w ill remain unrlisiigert.
Il may he ubveived in the uivmoigaiinn ol thi. sub
ject, that this attribute of sovereignty once belonged
810,001), Howard Insurance Company, #0,000, Far
mer's Insurance Company, N. Y. §10,000. The cob-
toll was owned principally iu Augusta.
-<»—
Congrenional Intelligence.—Sines the departure I.j
the Slamming committee on the oHairs of U. S. Bunk
for Philadelphia, Congress ha. been, in Ihu language of
the carrcsp'-ndent of the Philadelphia Enquirer, truly
in a mint—in the midst of Newfoundland weather,”
The lug in which the two IIou.es seem to he inveloped,
appear to u. almost impenetrable; so miicli so at least,
that tvs arc unable to discover in tiieir proceedings
much, calculated either to interest our readers, or to
hem-lit Ihe country. The bank cunnnitteo hnd not, on
mi, last advices from Washington, returned to thnt
place. Much div< roily of opinion prevailed there, will,
regard to the result of it. vi.-bt to the hank.
In the House of Representatives, the hill making ap
propriations fur the Indian Department for the year
1832, was passed.
Mr. Clay, of Alabama,submitted certain amendments
to l ho bill for re-chartering tnc U. 3. Bank, which w esu
indued to be printed. The pension bill was still be
fore the House.
Mr. lion ard, from the committee on Commerce, re
ported a bill to enforce quarantine regulations, which
was panrd.
In the Senate, the bill from the House making ap
propriations for the support of Ihe Indian Department,
for the year 1632, was read twice nud referred to the
committee on Indian alTuirs,
The Revolutionary pension bill, providing forcertiic
surviving nhiccrs uud soldiers, was taken up, and on
million of Mr. Grundy, laid on the table.
The general ippiopriatiou bill was still under discos *
aion.
-<®>-
fuk Titr. soumr-nN banner.
Messrs. Editors,—Since tlie political exist
ence ofUunrniu us u Iree, sovereign, and in
dependent State, no quoslion hus been nguuter}
which hus so cfTei-lually united her whole pea- -
plo, os the hilc decision of the Supreme Court
of tho Uniicd Stuies. J\o party spirit mingles'
iri the unalterable determination of her citizens
to resist; end, if forced, lo resist unto death.
And it is with feelings of profound regie), that
I have to say that some who havu held inipor>*
tant ofiicos, who have ministered in her courts
of justice, assert thut tho Court is right, and
cotisequctnly Georgia is wrong, and <>i course
ought to submit. Such n sentiment I hud not
expected lo have heard from a citizen of Geor
gia, n citizen who hus pretended great devotion
to hor cause ; but sinco thu devotion ot tlie
gentleman to whom we now allude to the right
of Georgia, Iiun hitherto been a matter of
doubt, perhups it is well that his real senti
ments should ho known to the people whom
he hod been so solicitous to serve, und who, if
report he true, is now a candidate for an office
which was rccemly refused him, and given to
one who has fearlessly asserted Georgia’s
right,und signally maintained them. Wo think
and bclievo that the cool and dispassionate
people will think with us, that the mail who
is willing to surrender up (he rights ol a State
that has been withheld from her for years, lc.
u Federal Court, aud the Fodeml Govern
ment, has no longer any claims upon the suf
frages ol the people. To those who have de
nied, even alter thn gentleman's own admis
sion, that he is a Federalist, wo presume wil.
now, al It usl, let it ho said that ho has insenb •
cd upon his banner submission.
WALTON.
SUMMARY.
Paper from Wood.-- It Iia* lately been diacovcrrd,*
*•*■)’» an English journal before uh, that the benl«papcr
for wrappers, writing and printing, may bo produced
from w« od vlmm;?, boiled in nnnerul or vege table olku-
li. One bundled pound* of wood, and twelve pound*
of alkali, w ill produce a ream of paper,—*\* Y. Mercan*
tile sidvtrtisir.
Lieut. Fouler, of tho 5th infantry, was shot at Foil
Howard, (Green Boy.) on the 7th of February last, b •
a soldier. The ball puiun d through his arm and bod;/
an he was entering the door of lain quurtcrx, nnd be dicTl
instantly. It is stated thut there was no provocation.-
Savannah Jit publican.
Tho Lynchburg Virginian states upon rumour, that
Mr. ltandolph declined (in consequence of bad health)
standing for the county of Cbailotte, on tho morning
of the election, und thnt Mr. Kichardson, the late mem
ber, was re*cbo8cn. Tho AntUAbolilionnMtf will bo
disappointed. Mr. Randolph’* latent* were consnlei-
ed essential to support llieir cause.—Richmond Whig.
The crops of wheal in tho Western part of Mary
land, and tho neighboring counties of Virginia, oro said
to present an unpromising appturance, in conscqucm o
of the .backwardness of tho Spring* The farmeis in
tlio Middle-town Volley, (Frederick county, Aid.) arc
ph.tighitig up their grain fields.
Tho New Jersey Appolio says: “ Wc have heard it
elated by a gentleman acquainted with the oyster
grounds in our bays and rivers, and the prikdiictivencrs
ot planted oysUrs, that the proceeds of one acre of oyster
ground, arc cl* n oro valuo than the best farm of 101^
acres, in New* Jersey.
We have been informed that in the neighborhood o^*
Jdrterv, N. H. th* re arc now erecting works for prepar-
g on u huge scale, Sugar and Molasses from Potatoes,
w-tucli urc worth on the spot 17 cents per bushcL It is
calculated that after paying lor the Potatoes and Um
expense, a net profit 20 cents per bushel trill be made. A
bu»hel will yield 7 lbs. of Sugar. For further particu
lar, see Sillimon’s Journal, the last number issued,
where the process for making Sugar of Potatoeaia de*
tailed.
We find the following in a Harrisburg (Pn.) paper:-
“ Pair Dealing.— Humor s'atcn, that it is the practice
at present in the city of New York, when a lady pur
chases stuff for the sleeves of a fashionable dress, for
the shopkeeper to give in Uu skirts
Lmmmel outdone.—* 1 How did you get such a cold,
Ben?” said a vagrant of the city of New York, to a
wheezing brother the other dny. “ I slept in the Park
last night,” answered Ben, “and aomo on * left Clio
gatoopdn.”