Newspaper Page Text
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■MEtflHi
AGRICULTURAL.
From the Mobile Commercisl Register.
GAMA GRASS.
Some years ago, soy four or five, I read in
•he Washington City, and eofne other public
Guzi'Uoa, an accduntof the singularly valua
ble properties of Gras*, found in the South
West, and principally through the provinces of
i?outli America, called by the Spaniards the
“ Gama Grass” 1 think some time ago a
communication appeared in your Ilfgistcj; On
the nubjoct of Ibis grass,on an extract from Iho
communication of some Spanish gentlemen.
• On reading in the Washington City papers,
however, a communication from a distinguish,
c.d citizen of Maryland to the Agricultural So
ciety, 1 determined to procure if possible, iho
t ied of it, arid to ascertain whether or not it
would be found to exhibit in Alubamn, mid its
climate and soil, the same valuable qualities.
From thu communication before mentioned,
a Doctor Hardeman, of Missouri, was stated
ns die gentleman to whom the country was in-
rtolued for bringing into notice nnd usefulness
tin. valuable vegetable acquisition. The Doc-
tot was not unknown to me as one of those
lew ininda who can blend together u fair nnd
irtuuly pursuit after the good things df this life,
with that happy degree ol philantbrnpliy which
t oiinot bo satisfied without adding something
to the general stock of human comfort nnd hap
piness—und the antipode of those who can
wrap thimseivoa up in the sluzy web of tdf,
und contemplate every thing through that (to
them delightful) medium. 1 lenrnid that his
undergo any change, and it may be cut imme
diately after the seed is all gathered,say by the
middle of June. The seed is formed, making
a jointed appearance at the end of the seed
stalks, ripening mid falling off one seed at a
time. They must he- watched and gathered
daihj as different birds appear to watch lor
them. -v
Should the cultivation and possession of this
plant prove a source of additional wealth, and
ndd to the welfare of the citizens of your vicin
ity, I .shall congratulate myself for my own
good forlune in being instrumental in produ
cing so desirable a circumstance. I shail for-
wmd an additional parcel of sond this summer.
Respectfully r your ob’t servant,
AGRICOLA.
The Southern Banner.
EDITED CT ALSO* rviA v E AND ALFRED M. NISBKT.
Tuesday, May 1, 1832.
5ftonus Jefferson.—Wo are happy al tlio present mo.
inent, when so great a dlveisily of opinion prevails
thrmighnnlthn country on the subject of our posturewitb
repo hi to tho Supremo ftcurl, to he enabled to lay before
our readers the opinion of Thomas Jefferson, which
will lie found in our columns of this week, inn Idler
addressed to Jndpc Roan. The opinion of such a man
ns Jefferson on subjects relative to the constitutional
gives tho United States, .“exelusive jurisdiction over
tho Indians,*■ gives, as we have laid, exclusive juris
diction over all foreign nations, and over tho whole
American people. We surely need not pursue this
subject farther.”
As to the third provision be remarks, that wiih re
gard to the war-making power, no war has ever been
declared by Congress against an Indian tribe, but has
alwaj's been prosecuted by iho Executive; and clearly
establishes the fact that treaties, in National law, are
compacts between sovereigns j and that tho arrange
ments or compacts made between tho Indian tribes and
General Government, does not assume that high char
acter,or recognise mutual independence in the contfact-
inp parlies; and further, that the power granted to the
General CoveriwocBt to declare war, make peace, and
do regulate conferee with the Indian tribes, was for
the purpose of mutual protection, al a time when many
of the Slates were unable to protect themselves against
their then powerful und vindictive enemies; ou this
•Hi ect lie says :
11 Conceding now, what however is not required,
lImt Under iho Constitution, and for the purposes of
defence mid security, tho general government has a
control over the turbans, that control must of course
be limited by a just construction of the grant of pow
er, and by the duties of the government. It is not «■*-
sontiul to" its existence or exercise, that it should in-
elude every ‘'attribute of sovereignty,” and it will
cease when danger is nn longer to be apprehended, and
when the ordinary civil power of Iho community is suf
ficient to govern and restrain the Indians. And the
States must necessarily judge when this period has ar
rived. When the relative strength of the parties, and
the circumstances atul improvement of lire Indians
render sirch a measure proper. The portion of juris
diction, till that time entrusted to the General Govern
patiiotism wus equalled by his liberality, and I'*>' the great body of American freemen
1 wrote to him my desire to give to this section
oj i /is Union tho till vantages, it possible ill iri-1 .Mr. Van Uur/n.—In our columns of this week will he
buled to this valuable plant. On the receipt of found ibis gentleman’s reply to a letter addressed to
my letter, he immediately forwarded me, by him by hit republican fellow citizen* of New York, on
mu.I, the remaining few aecda ho had left, mid | the subject of Iris ri jeelion as Minister to f.nndon, by
which, on receiving, 1 quickly planted, null I die new coalition ol Clnv, Calhoun & Co. in the Senate
new view It na a remaining duly to Iho public ' ofthe United Slates. Ii is eloquent, dignified add ap-
to pul liieui in possession of the result, which propnute; and does honor both to Mr. Von Ilmen's
tixos in my opinion llio character Of this plant, head and heart, lit it uc look in vein for that grovel-
to til s section of the Union ns almost invnlna- j ling and contemptible spirit, which characterizes the
6/e. '1 o the citizens ©! your town ntid vicinity, ! conduct of hia vindictive and merciless persecutors,
i am allured its valuo run hardly bo caiei.latud. I tic feels, and knows himself to be loo elevated ir. bis
On receiving the seed, say in March, eutly, 1 standing, and too deeply rooted in the good opinion of
right, ofthe States- the power, ofthe different bran-, ^ — Yhe nb e a ., D mad. and Iho whole subject
«■'-* of tho general government, or indeed on any heft ,|, 0 ljt,ra authorities.
topic touching Iho fundamental principles of our go. | lids gradual change has taken place in almost all
rernment, will slwaya bn gladly received and appre- the original States. And the principles, connected
with it, are not only obviously just, and such as will
alone reconcile the difficulties of thn subject, bill are
supportedjby respectable autlinrii
1 plumed them in u small bed, by drilling, pin
cttig the aeed about six inches aji.tr.. They
came up itfa few days, und uppeutud in the
form of yoqng oats. On getting about six in
ches high, I took them up alter a rum, and set
then) agreeably to the Doctor's directions, in
rotva two fee l apurl, uud eighteen inches from
plunl to plant, in sandy pine laud, slightly ma
nured, The rapidity of Ihetr growth astonish
ed mo, and I found by September— each plant,
a hunch oj’jint blades, un- the ground complete
ly covered, and the spaces filled up-ihe grnss
three and a half to four feel high. I kept
the ground looso uud cluun between tho plants.
Early iu September it was eut, and in taste re
sembled young com blades—a laito of ull
others, most agreeable to anitnuls. I found
every thing wns prodigiously fornl of it, espe
cially horeee und cattle, and that It was o dry
grass, with little succulence.
The following spring, ear/y, the ground wns
stirod between Iho plants, tho roots of which
wore now about four inches in diumetcr, re
sembling tho root of sugar cntio. A small
quantity of manure (cow} wus sprinkled over
tbu ground, in Docomber following and by thu
first fay of May it was four foot in height, a
mass of blades rising from the roots, mid stand
ing almost perpendicular, exhibiting a trust
beautiful uppoaranco of vegctublo luxuriance.-
Jt wus cut on thu first day oj the month, and
• regularly on tlwfirst day of evrey month until
-November, ranging from three and a liaifto
four and a huff Jett in height. Singht roots
produced from twelve to thirteen and a hall
pounds of gruss m a cutting, and which when
’ tully cured p.educed from five to fivo uud a half
pounds of tho most highly flavoured hav I have
over found, nnd readily cured. The lust yom
gave a most decisive proof that it is hardly at-
lotted by drought, its production being equal
to the previous your,-—und tho last winter, Hint
our severest cola oousnov u fleet,the roots, now
about sirinches diameter, penetrating tile eurth
perpendicularly to a great dcblh.
A most accurulu cutting und weighing, has
determined, that an acre wilt yield (ot pine
-land manured) Hum two hundred to two liudred
und fifty thotisand pounds of green grnss do
ring thu summer, or from seventy Jive to litnehj
Ions of hay, and of tho most nutritious kinds
known upon tho curlli. liy reference to thu
Washington Lily papers two or three years
buck it will bo seen that a distinguished funner
and iron master, states,in a public coimmimcu-
lii.r republican fellow cilizmis, to deetp it necessary,
even In t iter into an ox|ilanolion of the foul anil pill
fu! charges which those a.-piring'lcmaptignc have pre'
frrroil o;;.iinat hint. V.u limlin it nothing like recrim
ination, or a disporifinn to moot them nn their chosen,
a rid favourite field ofcouti ntion,cnlaiMiy and iibuSh: jio
is at least “ magician" enough to know that in such a
contest, lie would have every thing to loose, and noth
ing to guilt.
•Mr. Yun Huron experts, alter visiting the continent,
to return home early in the summer; and we very much
mistake the eigns of the limes, if on his return, he doi
not lint! hirnself, not only ” unscathed and unharmed,”
hut vastly improved, at least in tho confidence and af
fection of his fellow citizens.
liou on the subject of this gruss, that he ftiuud
ou trial, such wus its nutriltvo qualities, tiiul
Iris mules performed tltuir work well, witir plenty
of this grass and salt, rendering the addition of
com unnecessary. 1 discover that it comes to
inatiu.-ity one year soefuar in this section of the
Union than in Maryland or Missouri. Tito
, second year 1 found a Jew stsd stalks, nnd tiie
third, say last year, I gathered the seed a part
of w hich I send you for distribution amongst
some of your enterprising citizens, wno will
not forget to "go and do likewise.” la the
communication before referred to, it will he
found the estimate wus, thn*." one acre w at ful
ly competent to the support of twenty headojcat-
Ut during the summer.”—That it would he ad
mirable to tho production of milk and butter,
there cannot remain a doubt, and that a little
attention to its cultivation would preclude the
necessity of purchasing northern hay, is as
plain as that it would add to the comfort nnd
\ gooeral prosperity of the whole community.—
V Amongst the citizens of many of Iho South
\ dtmerican States, it is held in estimation equal
\ *o the Guinea grass or the W\«| Indies, hut is
| certainly far superior in value. The duration
{of the roots I have net learned,—miuo are put-
Vpg out most vigorously this fourth year-n sin
gularly valuable property, drfferent from most
* other grasses is, that when the teed in me ripe
ning on the end of the seed stalks, six to eight
fid high, the msss of foam appears not to
The laic IVtntir.—We observe by the Eastern papers
that the extreme cnhl of tho past winter,in that section
nftlto country,Ims proved very destructive to fruit tree,
the peach, plain and pear tree, having been general),
destroyed.
This fact proves to us very conclusively,that through
nut the whnlo extent ofour country, the lute winter has
been one of almost unprecedented severity. In this
section of country, the present npprnronc" of our la-
vnrito shade tree, the ptido oflnilin, bears a melancho
ly evidence ofthi) fact. We urc now vcrpi'gon lire
first of May, and instead ofthe green nnd ebci ■ Tul ap
peurnnre it was wont to assume at Ibis deliglmul sea
son, it presents thn ham and gloomy ssnoet >f
desolation. Thia charming tree, toe cutnfirt and the
prhlo" of our town, has been almost entuely de.-tioj
od.
—c$t—
‘-In Exaaiiunlisn of the Cherokee Question.•’--jn'lie
llireu provisions of the Cfin.litulmn of ino Untjed
Stales, alluded In by Gov. Cass, ns having the shg'i'e-:
degree ofeunnexion with the mil jet of out lidisn reta.
turns, nr effecting in any wav whatever the attribute of
soveteignty originally belonging to the Stall *, are lb
following r
I. The power to dispose of, nnd make all needful
rules and regulations respecting the Territory or oihe
property ofthe United Slat.*.
8. Tho power “to regulate commerce with for is”
nations, and among the several Stales, ait.I with the In
dian tribes.”
3. The power of Congress to declare wav, arid tin
newer to make peace furnish the only remaining nu.
tiiorilv, by virinc of which this jurisdiction can be es
soined and exercised."
Ofthe first he says, 11 that lilts clause evidently refers
to Territorial rights,” and was intended to give to the
General Government Iho right to control these, am
not tho cxevrise of jurisdiction. That at qlt events, it
is inapplicable to tho Cherokee country in tienrgi.1, to
which tho United States have rclinqittshcd ull preten-
To tho secnnrl lie answers, that this is a power to
regulate enmmetee, ami not to exercise jurisdiction.—
fhat “ if the idea of general jurisdiction be included in
thu terms, ''regulating commerce,” the Genera! Go
vernment may annihilate the whnlo Stain laws, and
bring within its own authority all the people ami pro
perty of tht* count r,y. Constructive powers.can scarce
ly go beyond thia.”
lie hero quotoa tits remarks ofthe Chief Justice, that
“ tbu wholo intercourse between the United Slates and
thia Italian, (the Cherokces,) is, by our constitution
and laws, vested in tho government of the United
States.” "They,” speaking of the Acts of Georgia,
interfera forcibly with the relations, established be
tween Iho United States and the Cherokee nation. The
regulation of which, according to Iho settled princi
ples of our constitution, is committed exclusively to the
government ofthe United States.”
And observe*, “ this ia assuming as it appears to us,
the very point, upon which the controversy turns. We
can find it the constitution no clause, giving the Uni
ted State* the tight to regulate tne intercourse or rets-
; ons with ill* Indian tribes. We ask for that clause.
It ia not to be fuund. Wo then ask far the fair deduc
tion of that power from some express grant, and we
ere met by the opinion, that tho.exclusive control of
the btlcreeiirss end relations with the Indians, is given
to the general government.”
" If thn opinion ia founded upon e belief, that inter-
conns and relations and commerce are eynouimuus, the
conclusion would still involve us hr inextricable difficul
tic*. This regulation of oodlmerv or intercouse, if ii
After having proved most conclusively the general
nature of’ the jurisdiction over the Indian tribes, and
that this jurisi^ction belongs to the several sttote go
vernments; he proceeds to show, how far the exercise
of this right over the Clierokccs by Georgia, is to he
controlled or prohibited by aijy conventional arrange
ments with the Cherokee Indians. On this subject lie
is clearly and decidedly of opinion, that all the com
pacts made with t.io Indians may bo executed, fairly
and in good faith, and consistently with the jurisdic-
tonal authority of Georgia.
Judge Martial assumed in his talc decision, as a bai-
sis for his argument, tho broad ground, that “ tba
words “ treaty and Italian,” arc words of our own lan
guage, selected in our diplomatic and legislative pro-
lings by ourselves, having each a definite und well
understood meaning. We have applied them to Indi
ans, as we have applied tli in to other notions of tire
earl’a: the,v arc applied to all in the same souse.”
Ou this point Guv. Cass is directly at issuo with the
Cnief Justice. Uo Buys, that no early as “ 1730, the
Cherokces made a more Tonga! uad cere. ionious relin
quishment of their Sovereignty tnan any recoiled in
the history jf tins country. Besides tne cerotr my of
submission, whicli took place iri a general fVunril of
ull the Chiefs of the tribe, 1c Sir Alexandr- • Cunituiug,
ns the Representative of thn King, til of the principal
Chiefs were selected, who actually want to London,
and laid tho Crown of the Cherokee nation at the fed
of the King, und acknowledged themselves subject to
him, in thu saina manner as their white brethren ofS.
Carolina woro."
fated.”
Of those provisions he says, with respect to the pun
iehment of an out law,—
"The object i«, not to confer jurisdiction upon the
Cherokces, but to prevent intrusions upon their lands.
For this purpose, any white man, entering their coun
try, ceases, ipsofacto, to be an American citizen. He
is abandoned by bis goveromeid, and tlie community,
among which he finds himself, may treat him as they
please. If a person entering a dwelling house by vio
lence, should be declared out of the prnteciiuu of the
jaw, and punishable at the pleasure of the owner ; or.
if oiiointruding himself into a church or any public as-
ssmblagc, thould in into manner forfeit his legal privi
leges, and lie placed at the mercy of those w-hom he
thus distuibs; if the communities of Rapp or Owen, or
any similar exclusive asebcislion should bo empowered
to punish all those who might attempt to enter their
possession^; could these summery powers, Confined
to particular objects, and for particular purposes, be
construed to divest the proper authority of its general
jurisdiction, and to confer upon these persons or asso
ciations, all-the privileged of self government, because
they had in one particular case, tho right of self de
fence 1 IVe may. in like manner, enquire whether the
Clverokees have the right to exclusive and unlimited
jurisdiction over all persons within " their hunting
grounds,'' because they arc empowered to expel or
punish those lad or outlawed citizens, who attempt to
disturb them ? No such conclusion can be fairly drawn
from such promises. The right is, in fact, that of self
defence, given because the protecting government was
remote, end to prevent those difficulties which had so
often led to war. It was a necessary incident of their
situation. And how long was it to enutinue I Obvious
ly till that situation was changed, and till the power
was no longer required: When the general protection
ofthe law was extended to the Cherokces, and their
qualified independence was terminated. And even be
fore this period, the punishment to be indicted, is evi
dently leu to indvidual discretion. It is not the "na
tion” or “ tribe” which inflicts it, hut Cherokces; the
phraseology ofthe treaty being iters varied, leaving out
these epithets, which are carefully used in this instru
ment, whenever the community, as such, is described,
or its collective obligations or privileges specified. The
right to punish followed, in fact, from tho outlawry,
and every Cherokee was at liberty to use his own dis
cretion in the punishment. Or, to speak more accu
rately, it was no crime in a Cherokee under these cir
cumstances, to kill a while man. Ilia otvn govern
ment had 6aid, “ he is not of us.” It was a resort to
first principles.
“ Tho second provision in the treaty, having an ap
pearance of conferring this jurisdiction, is that which
relates to retaliation and reprisal. But this article
grants nothing; it is merelyrestrictive. The right of
retaliation nnd reprisal is incidental to the war-making
power. IVlint would justify the former, would justify
•halattor. But to prevent the last and worst resort,
the parties there engage that they will not seek Ibis re
medy, ’till satisfaction has been demanded and refused.
No right is hero given ; but tho parties, for the sake of
humanity,are mutually restrained ; and this resttainlis
obligatory upon both, as long as the power remains, of
which ills an incident. But, as wo have already shewn,
the moral power of making war has departed from the
font thousand five hundred Cherokces m Ooorgia, and
forever; and with it.have departed all the incidents
annexed to, and dependent upon that power."
Again he says: " There is another view whiqh may
be taken of this subject, and has been frequently ta
ken, and recently and very ally in tho American Quar
terly Review. If tho Slate of Georgia lias no right to
exercise jurisdiction over the Cherokces, it follows
that these pcoplo constitute, by virtue of their natural
rights, or by tho recognition of the United States, a
separate political community with tho power of self-go.
vermin nt. And that in fact, a government, indepen
dent of Georgia, has been permanently established
witluu the boundaries of that State. Mr. Justice Mc
Lean, indeed observes, that the exercise of the power
of self-government by the Indians within a State, is un-
doubtcdly contemplated to be temporary." But by
whom is it so contemplated ? Certainly, not by the
Cherokces; for they svow their determination never to
fins tact roof its self-sulTi'-ient to satisfy any candid . , „ . ... ....
, , remove. And us to the Umtod States and Georgia, their
mind, that the right nf innsdictiun claimed over the , .... .. . , , .
Cherokces by the Brill* govern nont, wa. not an ns-1 “ c0 "‘ em P ,aU00 » ub J ecl0Ut of J "‘ c 1 B0,, T;
sumed right, but a right acknowledged by the Indians! Tho formfr - u P on ,l,c ,Wl,ln0 ^“CMed, have parted
themselves; and i. cm. not bn denied that Georgia *'' ,h,h “ r ^"*!'! ‘"""b a *I th. latter never had
secured by .he revolution all the rights, claims, and im-1 H " W “' a,u of cun bo * e ™ma.cd, so
.uu.nt.es, Which the Dn'hli ho d within her chartered 1 “'° ‘ he S 0 **” 1 ‘""P^ry," not very
htehieHon.—Wts great cauib of tho people, is moving
on with a rapidly increasing momentum. Of late wc
scarcely pick up a Georgia paper without finding
something in it, on the subject ot' tho contemplated
Convention, indicative of Hi increasing popularity W jt|,
the people, and ot it* ultimate success. We have now
scarcely a doubt but that a Convention will be called
the basis of our representation constitutionally and
equitably arranged, and the state relieved of many of
the evils and burthens incidental to our present lcgi 3 .
lative system. We extract the following article on
this interesting subject front the Georgia Journal, of the
84th inst:
“ It will be seen by tbo proceedings ofthe
appropriate committee in another column,that-
they have procured the uso of tho Senate
Chamber for the preliminary dclogalion that
nre to assemble here on the 1st Monday (7th)
of next month. Judging from information
thus far received, wo think (hat Iho preliminary
mA|mg will be tvell attended. We have kept
no Wst of the counties that have published their
proceedings in this and oilier papers, but if j 8
already considerable. From present appear
ances we think (hero will be upwards of forty
counties represented cither by delegates or
through instructions to the central Committee.
The propositions of such a body will be atten
ded to, for the object of iho mooting is only
to propose measures nnd these loo, of a pre
liminary character. They will propose a limo
for delegates to tho groat constitutional Con
vention, to be elected in such counties as have
not yet made those elections. They will we pre
sume be understood ns authorized to fix a time
for !he Convention lo meet. And tho resuft of
ihe deliberations of this Convention will of
course bo proposed to tho great boby of the
people for their final adoption or rejection in a
vote to he taken for that sole nnd special pur.
pose. Perhaps it wns imposiblo lo deviso a
plan by which the voice of every man in Iho
State could ho so fairly, fully and deliberately
expressed and acted on. Of the result we
have no doubt. Thu people have suffered too
much injustice nnd suffered it too long and they
hate ineffectually sought redress too often, not
to redress themselves now when so large a
majority of them aro united on Iho principle;
and they have puid too much money under the
wasteful uud ruinous system heretofore exis
ting. This word “ ruinous” reminds us of the
predictions that have heretofore been made by
this paper. What will the peoplo soy when we
tell them as we do tell them; that there is not at
this time one dollar in the Treasury. This wo
think we shall be able to show by official proof
next week.”
limits. 6o away goes the “ National chu-actor” which
Iho Chief Justice seems so desirous to claim lor this
doubly conquered and subd ied race of savages.
With regard to Ihe nalt.ro and character of the
"Treaties," so much talked about by the friends of
Cherokee sovorcignty, he says:
"The position of the Indians ia no doubt, anoma
lous ; Europe presents nothing similar. To demand
H at the principles of intercourse, which i.ovo been
Inpted, shall be reconciled with the received maxims
obvious.
(Concluded.I,.'
—
Congreutonal Intelligence.—The Senate on Saturday,
tbo 1 - tl, ull. was engaged in executive busineks.
Ou Monday the lfitlr ult. Mr. Clay, from the com
mit Co on manufactures, made a report on the subject
of Public Lands, accompanied by a bill appropriating
tho proceeds of the public lands among the several
•totes, for the period of tivo years. The bill was read,
f punlic las, which govern tho relations of the civili- ai.ji on motion of Mr. Smith, layed on tho table for the
zeu and independent rmii.ins, is to reject tho universal perpend of takin? up the apbrop.ration bill,
practice of all governments, who have founded colonies .• .. . . -
in tiro new world, slid is to sacrifice il„. i rU o interests | U " ll, ° 1,i " “**• ,,,c bllls ,os P»« l,n S ‘bo District of
iciety lo a definition nnd a deduction. We are not I Columbia from the House, was reported and ordered to
now called upon to disc ass abstract rights, but lo
vi.siigatrlhc actual Mate nf things. Compacts have
lor a century been Conned with • the Indians, I. r the
purchaso of their possessory rights. A. fire, Iho equiv
alent given scarcely deserved the namo of a consiuem
led. Ilr. Franklin save, as Knlm, the Swedish traveller,
stares, that Rhode Island was purchased with a peir of
spectacles. And nn examination of most of lliese bar
gains before the Revo urinn, will show, that thn pie-
cond reading. The general appropriation bill was
taken up, and on motion ofMr. Forsyth, the appropna.
tion of $1,4(10, for the salary of the clerk omploy-.dto
issue laud scup, was reduced to S1,150. Mr. Poindex
ter moved an amendment, the effect of which was to
strike out the tuluiy for the minister at Columbia, and
h> substitute for it $6,730, fur six months’ salary, from
senta usually given—for there was in 'act no nctu-ri l!l ° U ' 1 01 la8! i ® nd thc expenses of Ids return,
ly applied by
riiete their wants for nil indefinite period,
cir.nimcts w«ro termed irca^gs, not in that acceptation
"f the word, by which it is applied to thc aHpistment
0. S. Courts, i.i the District nf Columbia
In lire- House of Representatives, on thA 14th u't.
thc speaker luiubclbre the I louse a tetter from Mr. W.
IS'nSi'S ,Ki \ nt in it- Srunberrv, a Representative from the State of Ohio,
tnoiv general moaning, wnicli e.\*enrl* tir ail arranjt#- • 1 r •
&c.;
when it says, the Cherokces "shall not hold
ly” with " individuals of any trial*." U is i
tiie Constitution ofthe Britirh Empire, r.s hr
meets tor " t.irmmg agreements" between parlies, as
we soy, t treaty is on the cornet, a treaty ofmarriages,
*- - and ns llio^rnly of 11 olston uses the word,
‘ hold snv trea-
clcar from
---- - pire, as baa been al
ready explained, that these coirpotts, fortued by the
Colonial Governors or Gnnun'sri ipcrs, nnd never sub
mitted fiir the ratification ef the Crown, could not be
treaties, in tho diplomatic sense of tif- term. The inac
tion esiue 'down to ut Iro n them, and it is equally
clear, tiiat under thc C.iited States ueilher the term of
these contracts net the process ot ratificatn.n conferred,
by more implication, rigjils inconsistent with the whole
tr uer of our intercourse with Ihe Indians, at variance
with the numerous provisions ol our own staluio book,
and irreconcilable with the form and substance of the
tlipulatiut.t in the instruments themselves."
Gov. Cass tlirifcotnrs lo the material enquiry: "Do
the treaties, which hare been formed with the Chero-
keqp, contain stipulations incompatible with tiie tier
cite of jurisdiction by the State of Georgia over these
Indie ns?”
After a thorough examination of tho treaties of Hope-
well, llulalon, grid the Compact of 1802, he says,
“ there are but two provisions in the treaty of Hot-
•Urn, whicli hare the slightest appearance of any grant
of jurisdiction to the Cherokces, or of toy recognition
of their power* of government. The** are found in
Ihe8tb and I$th article*. By the former, citixens of
the United States, settling on the Cherokee lands, for-
frit the protection of the United Statoi, and may bo
punished by the Chprokee* or not, as they please. By
the latter, retaliation or reprisal is not to be committed,
" till satisfaction shall have been demanded by the
1'tfty, of which the egreqgur is, and shall hare been re
alleging that, in tiie evening previous “ lie Irad been al
locked, knocked dou ii, and severely bruised and woun
ded by Samuel Houston, late of T ennessce, tor worda
spoken in Uebtto in Ihe House of Representatives, fee.
.Mr. Vance offered a resolution directing thc speaker to
issue a warrant to tire aergeunt at arms to laku Mr.
Houston in custody, which resolution after some dis
cussion was adupted.
On the ldtli, after much discussion, the resolution
offered by Mr. Davis, of Massachusetts, requiring
Samuil Houston tu be brought to thu " bar of tire House
an Thursday next,” to answer to the charges of Mr.
blaubcrry, was adopted. Gen. Houston was then in
troduced into the House by the scrgcti it arths, and
was shown a seal on the Hour, ia front of the speaker's
choir. He was informed of thc couiplffltt made by
Wm. Stanbcrry on oath, and askad if ho desired the
assistance ol council, the attendance of witnesses in
hit beliail, ur if he w ished for Inrthor time to prepare
for his defence. Geo. H. replied that ho did not wish
tho assislaoce of council, that Ire did require the testi
mony of witnesses—that he had been but at that mo
ment informed of the nature of the charges agslnst
him—that the subject was of great importance and in
volved the liberty of an American citizen, and that in
twenty-four hours, lie would be reedy for trial.
U)n tbel7lh,Mr. Davis offered a resolution directing
that the trial uf Gen. Houston, commence nn Friday
next, at one o’clock ; on the suggestion of Mr.
Clay was sobstituted 18 o'clock to-day, and adopted.
A part of the Bank committee had returned to Wash
ington, the committee was expected to have reported
on Saturday theSlrtt ult.
Thc following resolutions passed by tho good citizens
of Jackson county, on the subject of the decision of
the Supreme Court and thc Baltimore Convention, are
spirited and appropriate. In them ore embraced thn f il
ings and views of every true Georgian on those deeply*
interesting subjects.
roll THE SOUTHEBX DANNER.
At a lurge and respectnlile ninfitinq of lira
Citizens of Jackson county, at Jefferson, on
Tuesday the 3rd duy of April, David Witt tvas
called to lltechnir nnd James Liddell appoint
ed Secretary, when tho following resolutions
presented Ly James Montgomery, Esq. wero
unanimously passed.
1. Resolved, That we view with deep re
gret lire late decision nf the Supreme Court ol'
(he United states, in tho case of Ihe Missiona
ries, Worcester and Duller, because wo can
see in said decision no other than a direct ten
dency to destroy Stole Sovereignly, nnd pros
trate nnd d»grado its dignity.
2. Resolved, Thai the State of (jnorgin is
tl free, sovereign nnd independent Stain. That
her rights of soil and jurisdiction, axier.d over
tho whnlo territory within her chartered limits.
3. Resolved, Thai tho Cherokee Indinns
within Ihe limits of Georgia, oro neither a
sovereign or independent State or Nation, and
in our opinion *such n thing would be in viola
tion of tho Constitution of the United States,
and a mockery upon the laws of nations, and
the dictates of common sense end reason.
4. Resolved, Thnt wc believe litre courre of
policy pursued bv this State towards the Che
rokee Indians, to be constitutional, legitimate
und bumnne, and (hat we bold ourselves now,
and at all times hereafter, ready lo defend tho
rights, sovereignty and dignity of this State,
nnd to resist tho execution of said decision to
the last extremity, end wo hereby tender our
selves and services lo his Excellency tho Go
vernor, whenever ho may deem it necessary
to defend the State authorities or repel foreign
force.
5. Resolved, That we bejjevo said docision
was made to effect political objects, and break
down the republican administration of Presi
dent Jncksnn.
C. Resolved, That we believe said decision
to be unconstitutional and extra-judicial.
7. Resolved, That we have every confidence
in the integrity end firinnesk of the President.
D^VID WITT, Chamnan r
JAMES LIDDELL, Sec'y.
At tho samo time and place also, the fol-
lowing ivere passed unanimously :
1. Resolved, Thnt wo highly upprnve of tho
Convention to bo held in Baltimore in May,
for tho purpose of nominating a suitable candi
date for the Vico Presidency to be run on the
Jackson Ticket.
2. Resolved, That it is expedient that the
Statu of Georgia should be represented in said
Convention, nnd that our delegation in Con
gress lie hereby nominated to attend the same.
3. Resolved, Thnt we highly disapprove
the course pursued by tho factions in Iho L-
States’ Senate, under the influence of Henry
Clay and John C. Calhoun, in rejecting tbc
nomination of Martia Van Buren, as Minister
lo England. That they in our opinion pros
trated the high dignity nf their station* lo gra
tify private pique, ami overthrow a rival candi-
nate ID the Presidency.
DAVID WITT, Chairman
JAMES LIDDELL, Sec'y.
The Gcorgin Journal will please givn
the above Sn insertion.