Newspaper Page Text
H.g'n. I m ml n
GEORGIA LEGISLATURE.
IN SENATE.
Tuesday, JVov. 10
Mr, Ector reported n bill to amend tli.-
Tth section of Ihe Ist article of the con
stitution.
Mr. Watson reported n bill to facilitate
the collection of debts in the Superior and
Inferior courts of this State, and a bill
to provide for the compensation of petit
jurors.
Notice was given by Mr. Everett, lor
the appointment of a committee to pre
pure and report a bill, more effectually to
define the title of property held by hus
band and wife.
On motion of Mr. Robinson, it was
Ucsolwd, That the committee on agri
culture and internal improvement, be re
quired to examine and report, by bill or
otherwise, the expediency and practica
bility of selling the negroes, horses,
mules, and other public property now
employed in working on the roads and
rivers, and to vest the proceeds in the
seven*! counties of this State, according
to their population and to be applied to
the improvement of the roads thereof
Wednesday, JVov. 17.
The bill declaring valid sales by Shcr
ilfs and Coroners, of land and negroes,
under justices courts executions. &c. was
ordered to lie on the tabic the balance of
the session.
The bill to alter the fltli section of the
3d article of the constitution, was reject
ed, there not being two thirds in its favor,
.yeas 38, nays 29.
The hill to alter the 3d, 7th, and 12th
sections of the Ist article, and the Ist and
Od sections ofthe 3d article of the consti
tution, was rejected.
A bill was passed to alter nnd amend
the I7lh section ofthe Tax act of 1804.
The Senate look up the bill to jfrevent
the exercise of assumed aud arbitrary
power by the Chorokees—after debate,
the bill and amendments ollered to it,
were ordered to lie on the table for the
present.
A bill was passed to nmoml the estray
laws of this Htate, so far as relates to the
time of advertising and telling of honed
cattle, sheep, goats, or hogs, before they
are sold.
A bill tfras report,ed to alter the mode
of appointing the Directors ofthe Central
Bank.
Thursday, .’Nor. 19.
A hill was reported to give younger
judgment creditors a preference to mo
neys raised on the sale- of defendant's
property, in certain cases.
Mr. Daniel!, of Chatham, called up the
resolution requesting the Governor to
cause an investigation into flic manner
in which the Commissioners of Pilotage
for Savannah River, above the liar of
said river, &c. After some debate the
resolution was ordered to lie on the table
for (he present.
~ The Senate took up the hill for the es
tablishment of a court for the correction
of errors, &c. After much debate, the
question was taken on the passage ofthe
bill, nnd determined in the negative, yeas
44, nays 27.
HOUSE OF REPRESENTATIVES.
Wednesday, UVov. 17.
Bills were introduced ns follows, by
Mr. Me Craven; To repeal so much of
lf)th article, Ist section ofthe constitution
of Georgia, ns relates to the oath of mem
bers of the Legislature.
Mr. Dougherty : From the committee
on the State ofthe Republic. To dispose
of the improvements in the Cherokee na
tion that have been relinquished.
Notice was given by
Mr. Black: To repeal the larw of the
last session, on the subject of gaming,
so far as relates to Penitentiary punish
ment.
CHEROKEE INDIANS.
The house then proceeded to the con
sideration, in committee of the whole, Mr
Dates in the chair, of the bill relating to
the Cherokee lands.
The provisions ofthe hill nre already
hefue the public.
Mr. Haynes offered a substitute, provid
ing for the immediate survey of all the
.JniMlsln the Cherokee nation, within the
limits of Georgia.
Mr. IJthL’l also offered n substitute,
which was pretty much the same ns .Ur.
Jli./ee*\ with this additional provision,
that fur the preservation of peace be
tween the white and red population, and
To prevent intrusion upon the lands oe
rnpied by Indian families, the Lcgisla
t ire shall, at the present session, elect by
joint ballot of both branches, some lit and
proper person as n surveyor, who shall
immediately proceed into the sail.’, terri
tory, and there lay ofl’a snlllcient quantity
of land to each Indian family, including
the improvement of such family, which
improvement shall be ns nearly as prac
ticable in the centre ofthe tract so laid
oif, and the said commissioner and sur
veyor, in determining the quantity of
land sq to be reserved and laid offfbr In
dian families, shall have reference to the
.number of persons constituting said fami
ly, and in no case shall there lie more laid
Od'and reserved for any one family than
Grants for such lot or lots ns may he
wholiy or in port within the linos of auy
Indian reservation as aforesaid, shall
mu issue until the Indian family resi
ding thereon shall relinquish their right
-of occupancy orpcaccably remove there
from, of which fact the Governor shall
be competent to decide, from such evi
dence ns he may deem necessary to rc
niuiro: provided that the fortunate
drawer of such lot may improve the part
**fhis [ o t lying without the reservation.—
Persons attempting by foree, threats or
menaces, to dispossess any Indian family
-of their reservation, shall on conviction,
,be subject to tine and imprisonment.
A desultory discussion arose, as to the
'proper manner of proceeding in the in
vestigation of the question, in which
'Messrs. Haynes, Murray, Wofford, Black.
Unit, Hudson, Ryan, Turner, Dougherty, Aral
of Newton, Ltddet, and McDonald, engag
ed when Mr. Turner obtained the floor,
and went at length into the argument on
the main question.
Mr. TURNER remarked in substance,
that it was unnecessary to lose farther
time by man mu v ring: and, as other gen
tlemen weald not take hold ofthe gener
al subject, he would endeavor to do so.
lie have every reason to believe, and
he did, believe, that it wns the wish,
both of the Governor, nnd of the Presi
dent, (hat Georgia should exercise u little
further forbearance; and although lie
would not feel hound by the wishes of
either, yet he felt disposed to promote
heir views as far da he could promote
them, consistently with his duties, Mr-
V. here referred to the Governors Mes
sage, which, at the same time that it as
serts the right to survey, yet adds, under 1
existing Circumstances, “that it would be i
magnanimously forbearing, in the Legis
lature. perhaps wise, to delay the adop
tion oif that measure for the present.
.Hr. T. was not authorized to cite mem
bers to certain authorities, for his belief, |
that the President anxiously desired fur
ther forbearance on the part ot Georgia,
but he apprehended that the fact was ab
solutely known to many members. 'I he
duties of Governor, and ol President,
were sulFiciently arduous, without unrea
sonable opposition ; lie would not add to •
their arduoiisnoss by unnecessary inter
ference. Mr. T. was of opinion the pre
sent was a question of delay only, not of
abandonment. By exercising n little
further delay, there wns reason to hope,
that we should obtain, by moderate
means, what it would now require foree
to obtain : and a resort to force might be
resisted by force.
The Indian right of occupancy bad
been questioned: lie would prove the ex
istence nfthat right. Mr. T here read
the opinion of Doctor Morse, an author
ized agent of the general government, us
contained in his report, published by au
thority, page 07, which constantly recog
nized the Indian right of occupancy.—
Should it be sail! that Dr. Morse was
more of a divine than a lawyer, let it be
remembered, that his opinion was found
ed on, mid sustained by, the opinion of an
eminent lawyer, published in his appen
dix, p. 279.
The right wns also sustained by the
decisions of the Supreme court. In the
case of Fletcher and Peck, the court de
clared that the “right was to be respect
ed by all courts till it was legitimately
extinguished.” »Bee also the case of
Johnston vs. Mclntosh—-Wheaton's Re
ports.
Thn doc trines of the Supreme court
had nlso been recognized, nnd enforc
ed, by our own courts. See the decis
ion in the cases of certain reserves un
der the treaties with the Cherukecs in
1817-10.
It might bo supposed, that an act oflhe
Legislature, such as was now proposed,
would lawfully extinguish tlm Indian
right. This would not he the fact; for, al
though a former act of the Legislature
subjected the reserves aforesaid to dis
position by lottery, yet this did not, even
in the estimation of our own tribunals,
extinguish the Indian title.
But the declaration made by the Pre
sident, in his Message at the commence
ment of last, session of Congress, had
been relied on, as the strong ground, to
sustain the advocates of immediate sur
vey. The President had said, that the
Indian could not lie supposed to have a
valid title to all the land he had seen
from the mountain or passed in the chase.
Little ns General Jackson was in the
habit of indulging in flourishes, it appear
ed to Mr. 'l', that (his was a mere rheto
rical flourish, and would be found unsus
ceptible. or very ilitlicuh, of practical «j>-
p/ieatioii.
Besides, since the date of the Presi- I
dent’s Message, Congress have spoken
authoritatively upon this point. Tr> the
7(h section ofthe Indian bill, passed near '
the close rs their late session, is attached
a provision, “nothing In this act contain
ed shall be construed as authorising or
directing the violation of any existing
treaty between the U. States and any of
the Indani tribes.” The treaties, then,
and not Gen. Jackson’s enunciations,
are the measure of Indian right which
Congress has assumed. These desig
nate certain limits, and these, together
with the laws, wo nre informed by Gen.
Eaton's letter to the Governor, under
date of Ist June Inst, the President “will
consider it a duty faithfully to execute.”
The President, to he sure, made this de
claration in view of intrusions nnd irre
gular settlements upon Indian lands; yet
he has given ns a general rule applicable
to nil the rights of the Indians under
treaty stipulations.
Adverting again to (lie concessions
which Georgia has made in favor ofthe
Indians, the General Assembly, in ratify
ing (he articles of agreement ami cession,
entered into by these distinguished citi
zens, James Jackson, Abraham Baidu in
and John Miilcdge, engaged the United
States to extinguish the Indian title to
land within oar limits; thus recognizing
the rigid asserted. This right is also
expressly admitted in Governor Gilmer’s
message. Mr. T. said there were other au
thorities before him; hut it was unneces
sary to read them. Thus then it appear
ed that the right of occupancy was re
cognized by all the departments ofthe
general government, and by every de
partment ofthe government of Georgia.
But not only had the constituted au
thorities recognized the Indian right of
occupancy; but all onr representatives,
nad all our friends in Congress, had dis
claimed the idea of force. Mr. Wilde
said, “the laws of Georgia neither con
template driving the Clierokcos from
their lands, nor any other act ot injustice
or oppression against them.” Col. Fos
ter, Mr. Forsyth, and others, gave si
milar pledges, and without such pledg
es, the Indian bill could not have passed.
Besides these pledges, it has been rc
cenfly announced from one of our high
est tribunals, in a charge which bus met
(he sanction ofthe juries nnd the citizens,
that the Indians “hove nothing to dread
either from the character of our laws, or,
the mode of their administration.”
Mr. T. said.the President had given
the most explicit ami repeated guaran
tees. In a letter of October 11th, 1820,
Gen. Eaton said to Gov. Forsyth, among ;
other things which would sustain Mr. ,
T's. views, the President “regards it as
an obligation ofthe most sacred eh a rue
ter to maintain a faithful guardianship i
towards the Indians, nnd to preserve his
administration of their affairs from the -
slightest imputation of injustice.” In a i
letter under date of 18th April, IS2D, to
the Cherokee Delegation, the Secretary
of War says, “an interference, (mark, an I
interference,) to the extent of affording yon .
protection and the occupancy of your
soil, is what is demanded ofthe justice of
this country, nnd will not he withheld."
It has already been seen, from Gen. Ea
ton's letter of Ist June last* thALthC Pre
sident would “consider H Ids duty faith
fully to execute tin) treaties and laws.”
CY)tf(»tscK£ gniTtofytingy*
The probability, then, is, that the Presi
dent would resist an attempt to dispose
ofClierokee lands to which the Indian
right has not been extinguished.
Mr. T. adverted to the late arrange
ment with the Choctaws, whose exam
ple would probably bo followed by the
other Southern Indians, as affording
ground to hope, that our rights might be
realized in due time by treaty.
Mr. T. was “well assured” that the
President believed, from information col
lected in the course of the present year,
that he could, at an early period, induce
the Chorokees to remove; and that the
President greatly desired a little further
lime to operate in his own way.
Besides, there was great reason to fear,
if Georgia should lake her remedy into
her own hands, the U. States may feel
absolved from their engagement under
the compact of 1803, and may resist the
measures of Georgia, or at least decline
the expenditures necessary to remove
the Indians, and may thus leave them, ns
“permanent inhabitants,” within our
limits; and may also refuse to reimburse
the State for the lands that may be per
manently occupied by the Indians who
may remain on our lands.
livregard to the Federal Court, too,
before which, Mr. T did not wish Geor
gia to become a party, it would be well
to remember, he said, that most, or all
of its decrees hail hitherto been enforced,
ami so might any decree it might pro
nounce, in refereneeto our Indian A flairs.
It would he belter, therefore, to avoid
collision, it possible, with every depart -
ment of the general government.
Mr. T. said, our policy appeared to
him clear. Cot ns dispose of" the situa
tions purchased from the Indians; re
move intruders; occupy the mines, which
are recognized by the common law ns n
source of public revenue:—Give entire
efficiency to our laws in the Cherokee
country, by designating and organizing
proper districts; hut decline a disposition
of the territory, until the Indian claims
are extinguished, and a survey into
small parcels, as useless and dangerous,
till we have a clear right to distribute.
The advantage of this course would be,
(hut it would meet noresistancc from the
Executive Government of the U. States,
while there was a strong probability, it
we attempted to go further, (hat the Pre
sident might resist.
Mr. Tprner did not in his remarks, de
ny (lie right of soil and jurisdiction in
the State: he sustains these without hesi
tation. lie only contends, that these
rights are encumbered; and that the en
cumbrance ought to he legitimately re
moved, before I lie territory is distributed.
We acquired the Indian lands from
Great Britain, under encumbrance, in a
mannersoincthinglikenman acquires an
estate sold under n mortgage. In the
latter case, the rights of the person hol
ding the mortgage must bo lawfully ex
tinguished before the purchaser can have
an unencumbered estate.
The question was then taken on Mr.
Liddel's substitute and lost.
The question was then taken on Mr.
Haynes substitute and can led.
The committee then proceeded to rend
the bill and fill the blanks, and adjust its
ill-tails, but before they hud gone through
they rose reported progress and asked
leave to sit again.
Thursday, .V«r. IS,
The House proccotUd to the unfinished
business of yesterday, which was the
consideration in committee of the whole,
of the Land bill, Mr. Bates in the chair.
In adjusting the details of the bill a
great deal of debate occurred on several
points but principally on the point wheth
er persons should be excluded from
draws who had trespassed on the Indian
Lands, in digging gold since the date of
the Governor’s proclamation—another
proposition being before the committee
to make the exclusion operate prospec
tively, from and after the passage of the
art. In the debate Messrs. McDonald,
Hums, Howard, JenJcinr, Dougherty, Oliver,
Cleveland, Greene , Haynes, lilac!:, Hopkins,
Matin, Hudson, ij* Hull, cngagetl. The
question being taken on the proposition
to make the exclusion operate prospec
tively was lost—The question then eume
up oil the other proposition and it was
carried.
Other details were adjusted—the grant
fees were fixed at $lB. —Time for taking
nut grants lixed to within 5 years alter
the lottery. 'Faxes to be paid by draw
ers, whether grants are taken out or not.
A provision was then proposed to
prohibit the granting of lots that may he
in the occupancy ofthe Indians, and such
lands to be exempt from taxation—which
was lost.
A provision was made and adopted
requiring that the land should not be dis
tributed before the Ist Monday in De
cember, 18111.
Persons attempting by menace to pre
vent the survey, made subject to peniten
tiary confinement, notlcss than syears.
The Governor authorised to protect
surveyors.
The committee then rose anil report
ed the bill to the House, with amend
ments. 7’he report was laid on the table
for the present, and ordered to be print
ed.
fjegislativfi. —The Indian Land Bill is
progressing slowly before the Legisla
ture. A substitute has been offered,
which alters, in some material points,
the original Bill submitted by the Com
mittee on the !Bt«te of the Republic,
Great diversity of opinion prevails
among the members on the subject.
The most important matter now be
fore the Legislature is a report and bill
for the creation of a system of common
schools throughout the State. We arc
pleased with the general provisions ol
the Bill. Any thing that may operate as
n beginning in this great cause will be a
great public benefit. We expect to give
the whole report and bill in our next.
Whenever the oper-.Mon of this system
is commenced in onr Slate, it. may be
regssrded as one of the proudest days
of Georgia’s existence. The bill was
drafted by Mr of Jackson.
We regret to say that a bill for the cre
ation of a Court of Errors has been lost in
Senate by a constitutional majority
against it!! There is a false notion pre
vailing that such a Court ’would benefit
the Lawyer. Quite the reverse. The
present “glorious Uncertainly ofthe law”
produces the lawyer’s harvest. Create
a tribunal which will settle principles,
and you diminish law suits. ( rente such
a tribunal—uml yon drive him to hi?
- books—increase his expenses—and de
e crease the number of his fees. Create
u such a tribunal, and the people Will soon
begin to know their rights. We regard
- the creation of such a Court as next in
- importance to the free school system.
P The Gold Mine Bill is exciting consid
r ernble interest. Its fate cannot yet be
e determined. —Federal Union.
o. Jf'ellbom and Greens Map. —We have
. been politely presented by these gentle
men with their new Map of Georgia,
i which has been noticed in several papers.
e They are executed in two forms—the
r one a very neat pocket map, on silk pa
per with a morocco cover—the other on
rollers. The latter is varnished, and
J both handsomely colored. That part
1 ofthe State which has been lotleried, has
r the district lines accurately delineated
- and numbered, and the numbers of the
p lots at which the survey commenced and
_> ended on the first and last ranges, ore
s set down. The whole work is well ex
i- ecuted and deserves the public patron
■ age. The size is "0 inches one way and
. thr, e feet the ot her. Price of Pocket map
> $4 —rollers $5. — lb.
, THE TARIFF.
A merchant Tailor of our Village, has
1 favored us with the perusal of a letter
1 from an importing merchant, which ex
, hibits in a very striking point of view,
- the odious oppressiveness of tlio Tariff.
. A suit ofelothes was purchased in Eng
-1 land (or #4*, and imported to the United
States. The duties levied upon this suit
ofelothes, amounted to #35 50, something
3 over 50 per cent. It will be recollected,
- that this suit, was ofthe finest cloth, up
- on which the duties are comparatively
i much lower thay they are upon inferior
i cloth. If the #49 worth of coarser clothes
? had been imported, the duty would have
t been much greater. —Edgejidd Carolinian,
r 20 lh inst.
i
s The Legislature ofthis Slate will com •
) rrtcnce its Session on Monday next. A
, Governor, Senator in Congress, two or
three Judges, President of the Bank,
. Attorney General Solicitor of the Wes
■ tern Circuit are all to he elected at the
. approaching session. For most of these
(’ offices, there arc many respectable capdi
■ dates.— lb.
The following gentlemen compose a
i part ofthe Massachusetts’delegation in
the next Congress. Appleton, Dearborn,
■ J. Q. Adams, Choate and Edward Ever
ett. In the remaining Districts, no choice
had been made.
—OOO
Washington, Nov. 12th, 1830.
Sir :—I have the honor to transmit to
yon the copy of a Royal decree which I
have just received, annulling (he politi
cal condemnations issued either in France
or its dependencies, since the 7th of July,
1815.
As I am desirous that the most exten
, sive publicity should be afforded to this
Act, I should, Sir, esteem it as a peculiar
favor, if you would be pleased to give in
sertion to its details in your papeiC
Receive, Sir, the assurances of my
most distinguished consideration*
ROUX dc ROCHELLE.
To Gun. Durr Green,
Editor of U. (8. Telegraph.
i CHANCELLERY OF FRANCE—ARCHIVES.
, Louis Piiillippe, Kino of the French.
To alt whom those presents come—
’ Greeting;
( On the Report of our Keeper of the
I Seal?. Secretary of State for the De
partment of Justice.
Our Council of Ministers, considering
| that it is just and urgent to annul and
[- make void the effects ofthe political con
. deinnations, anteriorto the glorious days
. ofthe 27th 3Sth, and 23th, of July last.
We have ordered, and do ordain as
. follows:
Art. 1. The decrees, decisions, and
sentences, given whether in France oi
lier colonies, by the Royal Court, Court of
[ Assises,Criminal Justice, Prevotal Court,
t Military Commissions, Councils of War,
and other Jurisdictions; either ordin
, ary or extraordinary, in consequence of
, political measures since the 7lh of July,
1815, to the date hereof, shall cease to
have effect.
Art. 2. All persons under attainder
. by the operations of said decrees, sen
tences, and decisions, will again resume
possession of, and re-enter into, the ex
| ereisc of their civil and political rights,
, without, however, prejudice to the sub
! sequent I y acquired rights of others.
Those who are detained or imprisoned
by virtue of the aforesaid sentences, dc-
I t rees, and decisions, shall be immediate
ly set at liberty.
Those in foreign parts, presenting
themselves before the nearest of our Am
, bassndors, Diplomatic or Consular A
gents will be furnished with passports to
France.
Art. 3. The Public Treasury will not
be held responsible for the restitution ol
any expenses or fines or forfeitures.
Art. 4. The proceedings which have
„ been commenced on account ofthe Acts
alluded to in the first, article, arc to be
considered as not having ever occurred.
Art. 5. Our Secretaries of Slate in
the Departments of Justice, Marine, the
Colonies, Foreign Affairs, and War, nre
charged each in his peculiar department,
1 with the execution ofthis Ordinance.
Signed LOUIS PHILIPPE.
Paris, Aug. 2G, 1830.
'MM—•
SINGULAR QISCOVERY.
Mr. Horton, a gentleman who has
1 been engaged in boring for water in Pro
i vidcnce, 11. I. has presented to the j»ub
. lie some remarkable results. In his sc
! cond experiment in boring, he selected
i the extreme point of a wharf, many yards
from the original land. He bored through
■ a stream of mud—then through a bog
meadow, containing good peat —then
through sand and quartz gravel. At-this
. point water impregnated with copperas
; and arsenic hr. ke forth; but determining
i to proem I further,^Mi*. Horton next
struck n vineyard died drew up vines,
. grapes, grape acorns, haz
i ei nuts, pine nuts, and the seeds of un
• known fruits, togetherwith pure water—
. '’’his was 35 feet below the bed of the
t river.— Sao. Georgian.
’ Southern Tlcvirtc.—Wc find the Ibllow
: ing in the Carolinian, in relation to this
, periodical.
i “For the purpose of sustaining 'The
i Southern Rcvieir ,’ it is proposed to create
. a joint Stock Company, with a Capita.
. of $100,000; divided into Shares of $!(!<
> each. The amount subscribed shaH b.
I paid in before the Ist of February, 1831,
j and put out at interest. The income oi
the Capital thus invested, shall ho appli
- ed to discharge the expenses of the pub
? lication. Each (Stockholder shall be en
titled to a Certificate of Stock and shall re
ceive annually, ns a dividend of 5 per
» cent, upon his investment, a copy of the
- Review. The money collected from Hub
i scribers, other than (Stockholders, shall
. he divided among the Stockholders, ma
> king a money dividend, in addition to the
- literary dividend
i Until other arrangements can be made,
I the following gentlemen will act ns Trus
t tees or Directors of the Company—Hon.
j |{. Y llayne, Col. William Drayton,
I James Hamilton, Jun. James L. Peligru,
• Hugh H. I«egare, Dr. H. H. Dickson,
1 lUilchel King, and John Gadsdc«i,Esqrs.”
We understand quite an unhappy cir
' cumstnnce occurred at Hightower the
I other day. Two Cherokees was nrrest
-1 etl by two white men from one of the
adjoining rountk's and taken towards
Georgia, with some of their property.—
They were pursued by a party of Cher
-3 okees, when either they were rescued
r or a compromise was innde. The two
• prisoners returned to their homes. On
> the evening of the same day, before bed
time, four white men, whether they were
• a part of the first company is not known
I came into the premises of one of these
1 Cherokees, and stole a horse out of a
' lot. The owner discovered them just as
> they rode off and pursued them with a
■ gun. He overtook them and shot the
foremost one of the two who were rid
ing his horse—The mnn died instantly.—
1 Chirokcc Phoenix, 18?A inst.
DEATH OP DAVID E. WX£.I>IAT£3.
We regret to stale that this enterpris
ing and valuable citizen is no more. A
letter, we understand, was receive d in
this city yesterday, communicating the
tidings of his death, and the circumstan
ces which led to it. llnppears that General
Williams was engaged in superintending
the erection of a bridge over Lynch's
Creek, when one of the timbers fell, and
broke both of his legs. He lingered until
the next day. the IGlh inst. —Charleston
Mercury, .Vow. It).
AITCiU STAt
WEDNESDAY, NOVEMBER 21, 1830,
- i ■ ►
“ He just, and fear nut."
fllad-dogs. —Our citizens should be on their
guard against these dangerous animals, as wo
shall probably bo much troubled with them short
ly. One was killed in the city on Saturday last,
after biting probably upwards of twenty,
while running through the streets.
Appointments by the Governor. —R. K. Hines,
Esq. Director of the Central Bank, vice L. Q.
. C. Lamar, Esq. resigned—and Dr. T. Fort,
Inspector of the Penitontiaiy, in the place of
James S. Calhoun, Esq. resigned.
The Legislature of North Carolina met on
the loth instant; when David F. Caldwell, of
, Salisbury, was elected Speaker of the Senate,
and Charles Fisher, of Salisbury, Speaker of
' tlia 11. of Commons.
The Indian Question. —There appears to'bc
a strong disposition on tlje part of the Legisla
ture, which is with difficulty restrained by the
more temperate and prudent efforts of a few
leading members, to take immediate possession
of our Indian territory, and allot to the Indian
occupants, a small portion of land to each fami
ly. Wo regret to seo such a disposition exist,
. and trust that it will bo entirely eradicated by
the arguments of those opposed to it, believing
as wo Jo, that it is neither sanctioned by reason
or justice, nor ia accordance with the wishes of
the people.—Wc cannot agree with the opinion
' of our neighbor of the Constitutionalist, howev
er it may bo sanctioned by Vattcl, or any one
■ else, that the State has the right to take from
the Indians, by force, any part of their land. But
the language ofVattel, as cited by the Consti
tutionalist, that “tribes of wild people incapable
of populating a whole country,” “cannot appro
priate to themselves more land than they have
occasion for, and which they are unable to set
tle and cultivate,” docs not sanction any such
doctrine; unless the editor can shew that the
Slate, itself, is in absolute want of the land, and
“capable of populating the whole country.” The
1 editor remarks, in following up the doctrine of
Vattcl, '‘the Indians continue to hold more land
in Georgia than “they can settle and cultivate,”
and when the territory is made necessary to the
people ofGoorgia, for the purpose of agiicuitun,
or when the welfare of the State and the increase
of its revenue make it necessary—Georgia as an
independent and Sovereign State, possesses
tho right, according to fixed usages, to contract
the limits of tho Indians still more nanowly
around them.” Now, admitting, for the sake
of argument, that Georgia possesses this right,
undertho “ necessities ” which the Constitutional
ist mentions, has she tho same right without those
necessities? and can it shew that those necessi
ties now exist, even in tho slightest degree? We
think not. Is “the territory made necessary
to the people of Georgia, for the purpose of ag
riculture?” Certainly not; so far from it, the
people ofGcorgia have already too much land
for the, purpose of agriculture—far more than
they can cultivate—and had they much loss,
they would cultivate it to far more usefulness
and profit, both Jm themselves and to the State.
The great quantity they possess, prevents them
from industriously searching out the various in
trinsic virtues and extensive capabilities which
lie hid beneath its surface; and, ungratefully re
gardless of nourishing the bosom which supports
them, they go on from year to year, drawing
forth its abundant fruits, without making the
slightest return; and see it gradually impoverish
ed, and at last laid entirely waste and usulcss,
with no other thought, than that plenty more is
to be obtained, for Jittlo or nothing, from the
Indians. This, fostered as it has been by the
government, through that scandalous, suici
■ dal policy, the Lottery system, has long been a
: consuming curgo to our land—an insatiate vam
. pirc, continually sucking the very life-blood of
the State, and at the same time flap p i ne it
wings over its wretched victim, and luliL .
into dreams of “more land,” “more
“more land for nothing I” *
Let the experienced agriculturist, orgenerou
. philanthropist, look abroad over our titatc
- bis bosom will throb with anguish at the dread
r ful waste and desolation presented to his ast o '
ished eye—a beautiful and fruitful country C on
j verted, in a few years, into a barren wilder,,^
. —‘ho vast and, with but little provident
j care, cxhaustlcss bounties of a kind and indul
gent Providence, wasted and destroyed w„b
, a prodigal and thankless hand, and thrown
’ heedlessly away to perish. He will look upoo
■ the numerous past habitations of men, scattered
’ over the whole country, and now in heaps of
ruins—the once cultivated and flourishing, b u .
’ now hcrblcss fields—and the little desolate s pul .
“Where once ihc gardens smil'd '
And still, where many u garden flower grovrs'wild '•
. with their wicker forces rotting and tumblii*
around “
, “The few tom shrnhs that now the place disclose”—
, and wonder ifit can be possible, that man, civi.
- ized and Christian man, has thus passed ovci (h 6
- land like a swarm of Locusts, or a blasting Shoe
* co, leaving no traces of his progress, b u j the
| dreadful desolation which regularly marks it from
I one settlement to another.
Who can look upon such scenes—the natural
i consequences of too much land— and not wonder
i at that infatuated folly, that suicidal policy
1 which still cries out “more land, more land,"
as though wo were closely hemmed in within
_ a small and densely populated region.
Do ‘-the welfare of the State snd the increase
. of its revenue make it necessary” that wn
should posses sthe Indian land? No—“the wel
fare of the State,” as we have partly shewn
above, is decidedly opposed to it; and assuredly,
with a largo fund, which till lately lay idle in
tho treasury, and tvoro far better so now than
i devoted to its present illegitimate purpose, an
! “increase of its revenue” is not necessary
j But to return to its connection with “the welfare
. of the State,” and the right which tho Stale
\ has, to take possession of it. Though there is no
| doubt of tho right of the State to extend its ju-
I risdiction over the Indians, it assuredly has no
i right to fake possession of tho soil. Tho right
of jurisdiction and right of soil, which are often
* much confounded, arc two very different and
distinct things—the latter by no means connect
ed with or involved in the former. Tho Stain
assumes over the Indians, by virtue of conquest,
the same tights that were formerly possessed or
assumed by Great Britain. What rights were
those? Tho rights of jurisdiction and preemp
tion. G. Britain never assumed even
1 if sho exorcised tho power, of taking tho Indian
land by mere force. And where is an instaqco
1 of a nation assuming tho right of soil, and
1 dislodging tho' occupants, by virtue of con
quest? It is true tho State of Georgia has
bought and paid for tho right of soil; but to
1 whom?—the rightful owners and occupants, tlir
Indians? No—tho General Government; which,
1 for a consideration, which it has long ago rcceiv
ed, entered into a contract with Georgia, to
purchase the land from the Indians, as soon as it
could reasonably be done, and give her posses
i sionofit. This it has not done, tbo’ every
F thing like a rcasonablo time lias expired; and
tho claim of Georgia is consequently on tin)
Genera! Government, not on tbo Indians. Sup
pose A agrees with B» that, for a certain con
sideration, which is paid down, bo will pur
chase C’s House and lot, as soon as it can rea
sonably bo done, and put him in possession of
it—that A neglects to do so, till at last (1
positively refuses to sell—and that ho cannot,
i therefore, comply with his contract to 15—will
i this give B any right over C—the right, for
instance, to take forcible possession of his House
and lot ? Or, is not his only claim one agtiimt
' A, for damages, for non-compliancc with his
; contract? If this be answered in tho affirmative,
i as wc presume it must he, the claim of Georgia
f is clearly of like nature, and in like manner, a
i gainst the U. States, and not against the Indians.
And now, again, for “the welfare of tho
State,” wjiich wc arc decidedly of opinion, as
wc urged several years ago, would he best sub
■ served by letting the Indians stay where they
arc, but entirely under tho jurisdiction of our
laws. The State needs population more than
land, which ia already much the larger, accor
ding to a due proportion. What benefit can it
derive from courting its present population from
one part of its territory to another —pot increas
ing the number thereby, but greatly impoverish
ing,yea almost ruining,tho part thus depopulated,
and keeping its inhabitants in a restless, unset
tled, and dissatisfied state—averse to making
any permanent improvement of their habitations
or their lands, and permitting both to go to ruin,
alike regardless, in groat degree, of them, and
tho interest and welfare of the country around.
—ln passing through much of the interior
of tho Stale, so long ago as the summer of 1823,
wo met with a number of planters, many oi
thorn wealthy, intelligent, and well settled, with
all the comforts, and a large portion of the luxu
ries, of life around them, who declared it (heir
decided determination to move altogether to the
Cherokee territory, as early as it was ceded anfi
organized: and some of them had already boea
over the territory, and selected spots to settle
on, as soon as they could be purchased.
Can such things bo, without producing, as ‘W
already have done, tho most serious consequen
ces to tho settled sections of the State ? And is
it not wonderful, that our legislators should so
long havo been unaware or unmindful of these
consequences, and made no effort whatever to
prevent them ? But their eyes have been di
rected, almost immovably, to tho West, till it
would seem that they havo no capability of with
drawing them for n moment, or of conceiving
that a largo portion of the State and its interests,
are neglected, and almost unthougbt of, behind
them.
Why cannot tho Indians, since they aro *°
averse to remove, bo incorporated with our po
pulation, ns citizens, subject to our laws; and tv
gulations bo made to divide their land ainon,
them individually, according their respective
claims ? We do not believe this would be so
consistent with their interest, as for them to rc
move to tho West, for the reasons we have here
tofore given; but since they must of necessity
submit to tho ono or tho other, and do detcnau*»