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Southern banner. (Athens, Ga.) 1832-1872, April 24, 1832, Image 2

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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 to .net, ad^ inaured asfoltuvvs: Augusta, 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 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 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, 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;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 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 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, 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 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 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 Ilur tin. union i. not in-ecary for any purpose which !nt» Iiquired the 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, 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, 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 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, 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 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.”