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THE rnHRGItEC CASE.
( Concludedfrom our lust. )
Jpiuicn of the Supreme Court, dtlictred ty Mr,
Chief Justice Marshall, Jtin. Term, lfc3U.
A. WontEsirs, J
t> . >
Xnr >St*tk of Georoi*. J
Tins is the true meaning of the stipulation; anil
is undoubtedly the sense in which n was mailo.
Neither the British government.nor the Ch-io-
Hess, eve; understood it otherwise.
The same stipulation entered into with the
United Stales, is undoubtedly to hn construed in
the same manner. They receive the Cherokee
nation into their favor an J protection. The Che
tokens acknotvh dee ihemeolvcsto be mi le the
protection of the United Stale-, ami of no otho.
Brelection doe' nit mi ly lie !■ strne
tionof tle* olccted. The .min- m .vliidi this
stipulation was understood by the, American gov
ernment, is explained by the language and acts
of oni first Prcsideil'.
The fomlli article draws the honmlary be
tween the Indians and the citizens of the United
Slates, lint, in describing this boundary, the
teim “ allotted,” and the term “ hunting
ground" a eased.
Is it reasonable to suppose, that the Indians
who could not write, and most probably could
not road, who certainly were not entieal judges
of our language, should distinguish the word
‘‘allotted’’ from the words ‘‘maker! out.”
The actual subject of contract was the dividing
line between the two nations, and their atten
tion mav very well he -sup; nsed to have been
confined to ibrtt subject. When, in fact, lin y
were ceding lands In the I oiled .States, and de
scribing the extent of their cession, it may very
well ho supposed that they might not understand
the tern employed, as indicating tint instead of
granting they worn receiving I mds. If the teirn
would admit of no oilier signification, which is
not conceded, its being understood is so appu
rent, results so necessarily from the whole
transaction, that it must, we think, he taken in
the same sense in which it vv:«r most obviously
Used.
So with res;eot to the words “limiting
grounds.” Hunting was at that lime the princi
pal occupation of the Indians, and their land was
mure used lor that purpose than for any other.
Ii could not, however, he supposed, that any in
fruition existed of rest, icling the full use of the
Inn Is they resin ved.
To the United Slates, it could he a matter of
no concern, whether their whole territory was
devoted to hunting grounds, or whether an occa
iiional village, an occasional corn held, interrupt
ed, and gave some vie iety to the scene.
These terms had been used in their treaties
,villi (treat Britain, and hud never been misun
derstood. They had never been supposed to
imply a light in the Hilisli government to take
their lands, or to interfere with their internal go
vernment.
Thu fifth article withdraws the'protection of
tin; United States foul any citizen who has set
tled or shall settle on the lands allotted to the In
dians, for their bunting grounds, and sti ulnles
that idle shall not remove within six months, the
’lndians may punish him.
The (idi mill 7ih articles stipulate for the pun
ishiuent of the citizens of either country, who
may commit oll’ iiccs on or against tlm citizens
of the other. Tim only inforenco to ho drawn
lium them is, that the United Slates oonside.ed
the Cherokees as a nation.
The O h article is in these words—“ For the
benefit and comfort of the Indians, and for the
prevention of injuries and oppressions on the
pm I nf llio citizens or Indians, the United .Stales,
in Congress assembled, shall have the sole ami
exclusive right of regulating the tnido with llm
Indians, and managing all their uffrirs, as they
ilunk proper,”
To coiistnio the expression "managing all
their alT.iiis," into a su. render of self govern
moot, would ho, wo think, a purversion oftlieii
necessary meaning, nod a ibij’.trmi-o c. ,u..
construction, which Inis been uniformly put on
them. Thu groat object of tlm ailicle is the lu
item trade. The inlluelico it gave, made it de
sirable that ('(ingress should possess it. The
Commissioners hi might forward the claim, with
the profession that theii motive was “ the bene
lit and coin fort of the Indians, and the proven
lion of injuries and oppressions.” This may be
true, as respects the regulation of llieir liade,
but cannot be tine as respects tlm management
of all llmir all airs. The most important of these
is the cession of their lands, and security against
inliildnis on them. Is it credible Unit they
could have considered themselves as sur euder
ing to the United Slates the right to dictate their
future cessions, un I the tonus on w inch they
should ho made; or to compel their submission
to llm violence of disordeily and licentious in
truders 1 ft is equally inconceivable that they
could have supposed themselves, by a i lease
thus slipped into an ailicle, on anotlmr uni most
interesting subject, to have divested themselves
of dm right of self government on subjects not
connected with trade. Such a nieasinu uuuul
not ho “ so, their benefit all I comfort,” or for
“the prevention nl injti ies and oppression”
,-'Hell a construction would he inconsistent with
the spirit of this mu) of ill snliso.pieiil treaties;
especially of those articles which reeognizyi the
■right of the Cheiokees to declare hostilities, and
to m iko war. il would convert a treaty of
peace covertly inhi an act, annihilating the poli
tical existence us one ol the parlies. Hail such
a resuil been intended, it would have been open
ly avowed.
This treaty contains a few terms capable of
being used in a sense which could not hoc been
intended at the lime, and which Is consistent
with tlm practical const; uctioii which Inis always
been put upon them: but its essential articles
treat the Ohorokees as a nation capable of mam
raining the peace and war; and as
certain the boundaries between diem mid dm
United Stales.
The treaty of Hopewell seems not to have es
tablished a solid peace. 'lf o aecoiuiuodale the I
differences still existing between die Stale of |
Georgia and the Cherokee nation, the treaty of ,
IliUtoin xv is tiegolniterl, in July, 17111. The!
existing Constitution of the United States hit
been then adopted, and file government, having j
more intrinsic ea .aeity to en'o ce its just Haims, !
was pet haps less mindful of high sounding cx- j
{pensions denoting superiority. Wo hour no
more of giving peace to the Cherokees, Tlm i
mutual desire us establishing pe.mmicnl peace I
and friendship, and ol removing all causes ofi
war, is honestly avowed, and, m pursuance of j
this desire, the fust article declares, that lliero |
sli dl be perjielu d pence and f, ieinlship helix ecu '
nil the citizens of the United Slatesof Ameiii a,
and nil the individuals composing the Uheiukee
nation.
The second article repeats the important no ;
knoxvledgumuiii, that tlm Ul'erokoe nation is
under the protection of the United Stales of
America, and no other sovereign whatsoever. i
The moaning of this has been ah early explain
ed. The iiiil: in nations were, liom their situa
tions, neeessa ily dependent on some foreign
potentate for ti e supply of their essential wants,
and for tin ir te'.ceiion from lawless and injuri- I
ous intuisioiis cun llieir country. That power 1
was iiatU'adly '.erniud their protector. Tliev 1
•bad been arranged under the protection of Great
Britain, hut the extinguishment of dm B ilish
power m their ueiglilioihood, mid die establish- I
memos that of the United Stales m its place, I
fed naturally to the declaration on the part of the 1
< he.okees, Unit they we e under the pio’ecUon j
ol die United Slates, and of no other Bower.— i
Tin v assumed the relation with die United States ]
'Vh ’li lied before suhsisied with tircat Biitam. i
Buis relation v is dial of « nation claiming and
Teceiving the pi iteclion ol one more powerful: 1
nm that ol individuals abandoning their national j
diameter, and submitting as subjects to the laws !
of a master.
Tne bird article cent inis a peifoctly equal sti
pulation lor the surrender us prisuneis.
The fourth article declares, that “(he bounda
ry between the United Stales and the Cherokee
nation shall bo as follows : Beginning,” fk c.—
’• We hear no more of “allotments” or of ‘‘hun
ting grounds.” A boundary is described, be
. tween nation and nation, by mutual consent. —
The national character of cadi, die ability of
. each, to establish this boundary, is acknowledg
ed by the other. To preclude forever all dis
,l lutes, it is agreed that it shall ho plainly marked
, by commissioners, to he appointed by each paily;
” and, in order to extinguish forever till claim of
' I the Cherokee to the Ceded lands, an additional
0 | consideration is to be paid by fhe'United States.
Fo tliis dditional consideration the Cherokees
release all right to the ceded land, forever,
j By the fifth ailic'e, the Cherokees allow the
f , j United States, a road th.ough their comitiy, and
; die navigation of the Tennessee river. Tim uo
■ e«"tan.i;ex of those cessions is an acknowledge
-4 ment of the right of die Cherokees to make or
withhold tlioin.
By the sixth article it is pgreed, on the prut of
the Cherokees, that the United Stales shall liave
, the sole and exclusive right id' regulating llmir
( j | trade. No claim is made to the “man igeinent
' jof nil their affairs.” The-slif»ul;ilion has already
j | been explained. The observation may he re-
I peated, that thy stipulation is itself an admis
sion of llieir right to make or refuse il.
1 1 ; Ily die seventh article, dm United Slates
j solemnly guaranty to the Cherokee nation ail
j their lands not hereby ceded.
The eighth article relim|uislies to the Choro
„ kees any citizens us the United Stales who may
" j settle on liiuii lands, and the ninth foibids any
|( j citi/el) of the United States to hunt on llieir lands,
I cr to enter their country without a passporr.
j The remaining in tides nre o pial, and contain
| stimulations which would ho made ouly with a
1 ; nation admitted to bo capable of governing itself.
( - j This treaty, thus explicitly recognizing the
j national character of the Cherokees, and llieir
, | right ofsalfgnvc: nment; dins guaranteeing their
j lands ; assuming dm duly of pretention, and of
j course pledging the f.iiih of the United Slates
j for that promotion ; has been frequently renew
| cd, and is now in full fin ce.
To tlm i/enoral pledge ofpro'eciion have been
I added seve al sinn'ifie pledges, deemed valua
ble by die Indians. Some oflbeso restrain die
citi/.’ nsofllm United .Suites from encroachments]
on llm Cliinoki.’o comity and piovide for the/
punislinunit of iut udorx.
F nm tlm commencement of our Gove: mnent,
Congress passed acts to rogula'c dm trade and
into l course w idi dm Imliaus, which treat them
as nations, respect ilnyii rights, and manifest u
ii m purpose to alf ird that protection which trua-,
lies sii uliilc. All diese nets, and especially
that of I ’-(Id, which is still in foice, manifestly
consider die several Indian nations as distinct
political communities, having to. iiloii.il bounda
ries, within which llieir aullioiity is exclusive,
and having a right to dl llm lands within these
boundaries, which i( not only acknowledged,
hut guaranteed by tlm United States.
In I'D, Congress | assed an act for promoting
those humane designs of civilizing dm neighbor
ing Indians which bad long been cliei islied by
file Executive. It enacts, “lii.t, for the purpose
of j ’- oviilifig against the further decline and final
extinction of dm Indian lubes adjoining to die
fiuntiei settlements of dm United Slates, ami j
for introducing among them, dm habits and arts j
of in ilization, the B csi lent of I lie United Slates
shall Inq ami ho is hereby antltoiizcil, in every
earn wlm.e 111) shall judge improvement in llm
habits and condition ofsiieh Indians .I’uclicahle,
ami that llm means of instruction can he introduc
ed, irit/i l/tn'r mm eminent, to employ cag able
I’crsons of good moral chin actor, in inst.net I
diem in tlm mode ofiigiicidliiin suited in their I
sum it i> m : mil for leaching tlnir clnldreii m rea- |
ding, w iling, and ,n iliitnotic; and tor j e: |b; niiin*
such otlmr duties as may bo enjoined, iicco’diug !
to such insti notions and rules as the Bresideilt I
may give and presciihu for the regulation ol*|
their eninluct in dm discharge of their duties,’ 1
'1 his m l avowedly eonluiuplatos the p csvrva
linn <n llm Indian nations as an object miindil bv
llm uniii n m ....a p - - i
jecl by civilizing mid converting them fom him j
tore into sgiieiillnnsis. Though dm Clie okeea |
had alreadv matin conside able pmg.essni Inis;
improvement, it cannot be doubled dial the gen- |
Dial words id* dm act comprehend them. Their
advance in the “habits and aits of civilization, *’ j
rather encouraged perscveiancc in the I amiable :
exertions still (in tiler to melioi ale their condition.
This act furnishes stiong additional evidence ol
a settled n -pose to fix the Indians in theii coun
try by giving Ilium reenril) nt home.
The treaties and laxvs of the United Stales
content dale the Indian Unritory as i nm, lately
sopai ite from that of dm Stales; and provide
that all intercourse xvidi them shall he earned i
on exclusively by llm Government of the Union. 1
Is this the rightful uxurcisu us power, or is ill
Ilsur alien I
while diese Stales were colonics, tin.’ power, I
in its utmost extent, was admitted to n side m j
tin; cumn. \\ Ih ii our Revolutionary struggle
commence !, Congress was eonii used of an as
semh! age of deputies ailing under specific ■ mv
ei’s g’anti’ll by the l.egisl itu es or eoiivenlions
of till! several eolonies. It was a great popular
movement, not { in feclly organized nm weietlui
ns, eelivi) jiiivers of those who were enliilsleil
with the management of ;ill’,n s aeen iti ly de
titled. Tlm necessities of mn situation .nudue- i
, ed a genet ill com ie.lion dial those nieasii.es ■
xvliieh eonee lied all, must he Iransaeleil by a i
body in xvliieh llm representatives of all were I
assembled, ami winch could eon,m ind the con- J
lidcnce of all; Congress, therefore was eonsid
, tu od as invested with nil the powers of war and t
peace, and Congress dissolved on.- connexion i
with dm iimde-r conntij, and declared those s
I oiled Colonies to he independent States.— t
Without any wiittmi ileliniiimi of powers, lin y I
| employed iliplonnitic agents to represent the
I nited Stales at die several Courts of Un ope; |
oli’ereil to negoeiali! treaties xvidi lliein, and did i
aeln.illv, negoeiate treaties xvilii Fiance. Fom i
dm same necessity, and on dm same princij les, ’
jt'iing.ess assumed dm in iii.'genieiil of Indian i
! all .i, s; li si in the ininie of these United Colonies, i
and afterwards in the name of the United Slates. ,
■ Early iltem. Is were made at tiegoeialion, and
|to : egnlale trade wi ll them. These not proving i
I successful, war was ea; re d under the directum i
j nod with the forces of dm United Slates, and
j tin* etbets to make peace by treaty were car
nest mi l ineessml. The Confederation found
Congress in the exorcise of the same powers of
| peace aiM war, in our relations with Indian na
tions with those of Europe. Such was dm
j Slate id’ things w hen the Confederation was
j adopted. Th u instillment surrender oil the pow-
I e: s of peace and war to Congress, and prohibit
|ed them to the Slates, respectively, unless a
! Slate bo actually invaded, “or shall have receiv
ed certain advice of a resolution being for mod
i by some nation of Indians tu invade such Stale,
and the danger is so lu’iiiinent ns not to admit of
delay till die United Stales in Congress assem
bled can be consulted.” This instalment also
' gnx o the United Stales in Congress assembled
tin) sole and exclusive right of “regulating the
trade and managing all the utl'n » with die
Indians, not metnheis of any of the States—
-I‘eoetih fi, That the Legislative power of any
! Slate within ils’own limits be not infringed or
| violated.”
i The ambiguous phrases w hieh follow the grant
i of rower tu the United Slates, was so construed
j by the States of No. th Caiolmu and Georgia as
ito annul the power itself. The discontents and
j contusion resulting fom these continuing claims,
| produced representations to Congress, xvliieh
' were referred to a committee, who made their
! report in 1757. The report does not assent to
I die construction of dm two Slates, but recoin-
I mentis an accommodation, by Itbet.d sessions of
I leriito y.orby an admission on their part of the
I powers claimed by Congress. The correct e\-
j position of this ailicle is rendered unnecessary
' bv ihu adoption of our existing constitution. That
mstniment confers on Congress the powers of
war mid peace ; of making treaties, and of re
gulating commerce with foreign nations, and
mnnt.x ententeU*
• among the several States, and -{lndian
a tribes. These powers comurelthat is
- rei|iiirod for (lie regulation of 'course =
• with the Indians. They are not jy any .
• restrictions on their fee actions, mcklcs
- imposed on this power, in lire* ration, ——
f are discarded.
The Indian nations had always nsider- A
■ ed as distinct, independent | olilimnni- i)fnt
I ties, retaining their original natnn as tlic
; ' undisputed )iosscssors of the soil, ne ini- re | a
f | memorial, with the single exceptkrt im- th
I ' posed hy irresistible power, wcluded j
. | them from intercourse with any oropcan ,
s ; potentate than the first discoverer oust of u
I the particular region claimed, anwas a
r i restriction which these European fes im
-1 j posed on themselves, as well as orphans.
- | Tlie very term “nation,” so genenlied to lm
- I them, means,, “a People distinct fhers.” '“h
r j The constitution, hy declaring trelready in ?
| made, as well as those to be rnadae tbe our
f j supreme law of the land, has adopt sane- tire
: j tinned the previous treaties with thin na- me
r ! lions, and, consequently, admits rank Jr
i 1 among those Powers who are capubaking get
. treaties. ’J’he words “treaty” anruqit” ihr
are words of our own language, selen our r | o
diplomatic and legislative pioeeedinj our- , w
selves, having each a detinite and lirder
r sloo'! meaning. We have applied tl, Indi- p r ,
I ans as we have applied thorn to the trillions
of the oar lb. They are applied to all same
■ sense ;
Georgia herself has furnished concr evi
dance that her -former opinions on llbject
, concurreil with those entertained by sister'
Stales, utnl by the government of tluilmt t!l
i States. Various acts of her Eegislalliave 1,1
i been cited in tint nrgnment, including C on- v
tract of cession made in the year 1802, end- *
i ing to prove bar acquiescence in the teisal *
■ conviction that lire Indian nations posed a
fu,l right to the lands they occti| ied, u that s
I' rght should bo extinguished by themed r
i Vales, with liter consent; that their jtnry 1
Fas separated /Vom that of any Hlutmhin
ft hoso chartered limits they might tesid.y a t
bound ry line, established by treaties, llialuh I
in their boundary, they |rossesscd eighty ith'
which no State could interfere; and th.tlic
■ whole power, regulating the inlercourssitln
them, was vested in the United Stales, re
view of these acts on the part of Georgia, vild'
occupy 100 much time, aid is the lossnecesry,
because they have been accurately detaih’m
the argument at the bar Her now surieuf
. laws, manifesting bur tbando merit of t) a e
0 inirrns, appears to have rutumencod in Dccu
her, IcriS.
In opjmsition to this ocgimd riglrt possosid
hy the, undisputed oceiij ilts of every county,
jin this recognition of that r'ibl, which is evidir-
Seed by our history, in eM-r y change throbli
(which we have passed, is placed lire charlw
g-anted hy the rnunaich of i distant an I distiru
iegioti, parcelling out a terrte.y in possession o
tillers, w hom he could not emove, and did not
lltcmpt to remove, and thqcossion made of Iris
•laiurs hy the treaty of pete),
Tim actual slate of lliiqgsjal this time, and all
lister y s nee, explain these 1 charters; and the
King of Groat Britain, at lire treaty of potco,
1 eon Id code only what bdonged to his ci own.
I'l'heso newly asserted 1 ties can derive no ai<
from the a tieles so oftar repeated in Indian
treaties, extending to ihon, first, the protection
ufG. eal 1!. it.iin, arnl afterwards, that of the Urn
led Stales. These artiebs aie associated with
! others,: ccog nixing their (tie to self gove, nrnenl.
i This u 1 y fact of repeat'd treaties with them
j i ('Cognizes it; and tiro (trilled doctrine of the
law of nations is, that a vcnkei "ower does not
I surrender its mile: emlenrc—its right to self-go-
I veinmetil— hy associatin' with a stronger and
1 taking its protection. A vvcakslale, in toiler to
i provide fonts safely, may place itself under the
1 ' infection of one moo ; uvve.litl, without strip
j ; ing itself of the right of guvcnmienl, an 1 ceas
ing to be a Statu. Exam; les of tins kind are
; not wantin'! i" i---ilnrtarv and fi.uda
to he severe.bn and independent Mates, so long
| as self “ovc inncnt, and sovereign and indopen
| dent audio it v is left to the administration of the
Slate.” At the present day, more than one
Slate may he considered as holding its right of
{self-government mule, the guarantee and pnb
-1 lection of one or more allies,
i The Cherokee nation, then is a distinct corn
i nmnitv, occtt; ; ing its own leinloiy, with boun
daries accurately (lose ibed, it which tire laws of
Georgia c.nr have no force, foil which the eiti
Zens of Geo gia have no right to enter, hut with
the assent of the Cherokee; themselves, or in
eonfoi in it y with treaties, and wiih the acts of
Congress. Tire w hole intercourse hot ween the
Cnit.’.l Slates and this naticnis, by our constitu
tion ami laws, vested in the government of the
United Slates,
The act of the Slate of Georgia, under which
j the plaintiff in error was persecuted, is conse
| micnily void, and the judgment a nullity. Cun
tins court revise am! rove.se it.
If the objection to the system of legislation
lately adopted hy the Leg slaturc of Georgia, in
relation to the Cherokee nitron, was confined to
ils extra-territorial oj oration, the ohjrjjjtion,
ihtngh complete, so far as it rcspecteiK,nicie
light, would give this court no power OVftp the
subject. But it goes much Im titer. If the re
view which has been taken he correct,, and we
think it is, the acts of Georgia are repugnant Ic
the constitution, laws, and treaties oftlfe United
Slates.
They interfere forcibly with tiro relation es
tablished in the United Stales nnd-rthe Ghuruket
nation, the regulation of wliir fi, according to lilt
settled principles of our constitution, are coin
milled exclusively to the government of the
Union.
They at-e-in direct hostility with treaties, re
pealed in a suecession ot yeaus, which mark on
the boundary that separates the ClierofcoM-mm
try f our Georgia, guaranty to thorn-aU the lam
within their boundary ; solemnly pledge the brill
of ibe United States to restrain llieir citizen
from trespassing on it; and recognize the pie
existing power of (bo nation to govern itself.
They are in equal hostility with the acts o
Congress for regulating this inter course and giv
ing effect to the treaties.
The forcible seizure and abduction of tin
plaintiff in cnor, who was residing in the nation
with its permission, and by authority of the Pie
sirleut of the United States, is also a violation e
the acts which author izc the Chief Magistrate t
exercise this authority.
Will these powerful considerations avajl th
the plaintitfin error ! We think they will. H
was seized and forcibly carried away while nr
(Jcr tbe guardianship of treaties guarantying th
country in which ho resided', ami taking it untie
the protection of lire United Stales. He vva
seized while performing, under lire sanction i
the Chief Magist ate of the Union, those dutie
which the humane polit y adopted by Oongtes
had recommended. He. was aj prehetulor
tried, and condemneil, tinder colour of a lav
which has been shown to be repugnant to th
constitution, laws, and treaties, of the Unite
Slate". Had a judgment, liable to the same ol
i jeclion, been rendered for properly, none won I
question the jurisdiction of tho con t. It canm
ho less clear when the judgment atV-.rcts persor
al liberty, and indicts disgraceful punishment,
t unishnient could disgrace when indicted on ir
irocence. The ; laimilf in error is not less inte
ested in the operation of this unconstitution
law titan it affected his pro, erty. lle-is not Jet
entitled to the pi-oitdion of the constitmioi
laws, and treaties, of bis country.
It is the opinion of this court, that tiro judj
ment of the Superior Court for the Comity <
Gwinnett, in the State of Georgia, condcttinin
Samuel A. Worcester to hard labor, in tiro pen
leniiary of the State of Georgia, for four year
was pronounced by that Court Under color of
law which is void, as being repugnant to lli
constitution, treaties, and laws of the Unite
Slates, and ought, therefore, lobe reversed at;
1 annulled.
jtrattmTA* 1 1
SATI ltl) VV- MAHt H 31, j gig. e
“ Be j<ut, nnrf /tar not
TO COTR^ S t
a « CVS. o"'”pdo V r to the publication of his com.mmi- ,
L » A view of. he principal fact. mot aoernnems,
a , ion to the Indian or B^*
are received, anashalt J
inserted as ear ly as practicable.
M,\V PUBLICATIONS.
tVc have licen politely favored by Ge P“ ®
rough thehands of Messrs. Bu;»*«■» * fnol’lTavo
P>” ofthc, ronowi.rg ■'^^“^^oar.ccr
f yet had nine to peruse them,) we cron >
•readers f.r the present, and n,ay perhaps ret to
ear again, vvis-n pn purcd.ro speak of the.r respective
erits-hardy remarking, now, that the we o =
ram, by Mr. Beevvaa, is represented by Ihe revu
■nerally, as containing scenes of tire mo.-t P
irillirrg interest, and by most of them, as I ' PC “ f 1
or to any former work ofits disunga.shed 1
,vo first mentioned works have lain upon our ■ -
roue time, l.aving been placed there during oar absence
’‘l’lor.sE Akvm; a talc, by the author of “ Pellwm,”
kc. in two volumes. Published Iry J. * •
Sew York, ami forming No’s. XIX. and X-V ol then
•Library of Novell. ’ .
ZJnsr., or the Uolj Land , from the earlie- 1 period
P.vi.Esrisr. . ~ .
u , ,|,e present time; hy Rev. Michael Ru-sdl, G. G- U- I
muhor of “ View of A.reieu. and Modern
vol. with a map and u engravings. 1 uhitshed by .. - •
Ifarper, NY. and Ibroriug No. XXVII of the.r luuuly
U 'v I'Lm,. or Facts, or plain and simple rules re
specting the natiuv, trealiucut, and prevention ol Choic
|,v V. 11. Granville, M. 1)., IMGS..&C. Are. I uh
li.shcd by K. G. Carey,and A. Hart, Philadelphia.
Itrrr.no t.ons on tornj day in the tceek,vith orrasmaa
Ihou'rhts, &e. &e.; Iry fvi hvh.sk Tachot I übll-hu
*, v K G. Carey awl A. Hart, Philaddpliia.
These pul.lira ns are all f.r sate, we believe, by
Meo-'-o Richards & Gansu.., Booksellers, of this city.
— i
THU “ INFORMANT.’’ ,
Ocn. Thohus Uncock,the informant- «T .6Coa
rk r, bcrelofbre alluded to, having presented m that papu
„f yesterday, under his own Jgnmure. a gnrl. ed and per- I
vr£l statement of .he conversation which look place in ,
• inr offli'C on JJi.Uirdity last, we have only lo re-nssert,
that "Ur statement of Wednesday to wholly correct, and.
m preeent the following, In confirmation of it:
!!;;ho:;';o;'v’V“:;;;.v ■ i'eP» ! e i.
substantially correct turong p PEMBEIITON.
, Augusta, March 30th, J«». _
, Hiss, men,ent of the nature of Ids P-rmer enmity to me.
S is equally S.rl led and perverted a< the other. Ili>r.in
rnteil re.nitrk, that know I toll well he wall never at- ,
I t,,nipt to tarnish my rennlalinn, ami the hose m-mttnlmn
5, with whirl, it is coupled, that ifn-.y'praterdon “ ht.t
, he extended f> another, whose cries (itr protection haw
• hern often heard, 1 might not have ei.ttse to llnd fiutll with
• rny tVieuds, When writing of me, fir Italicising the ""id
II p.. v ,” again shows his Judas-like disposition to kiss and
" stub,nr smile and slander, at the same moment. And, as
1 to his - defiance to each ami every one, who may still oe
*' nflhnded at what he has said or dmie”-vv bo is there l.utl
• ilocs not know the utter worthlessness ofthutT
n
UNITED STATES BASK. .
1 The fdlowh g article, from the gentleman who has
heretofore I notice lin the Ch-miHe, in connnrUon 1
' with tire V idled Shales Bank, and appeared in reply, was I I
“ rei> tved dicing our late ahset re, mid,under the pressure
i soda r imtller, has been laid asidetilltiie present time.
J la reply In Hie ti'--t paragraph, we shall merely nh
e serve, lfi.it we have not a file ofthe Chronicle so far hark
.Sin ... • I i. .. .• ■•( ivedime so ,dd from the fl.ri.ier
" nronrietor.w hen we became Wt>-<
,V in Je to (.main one—which will sahlcienily aceour.t tin on l '
i- not referring lo it fir a developcirrent of .Mr. Forsyth's
e vote in laid.
e It w ill he recollected, that this matter originated in a der
.f lacation efomv, that we believed the Bank Inal its scen t
i. agents all over the country, mid that nor correspondent
was one of limn—giving, at the same time, the reasons
- whirl! caused the belief. Wo slated, among other things,
• that we had understood him, in a conversation which look
f place between ns, some time since, to express the opin
ions ofthe President of the Bank, and to say that he had
been appointed a Cashier of one of the Branch Bunk--.
d These two particulars only, ho denied; and, after shevv-
I i nsri from his own statement—as we may now do again
0 •rom the present one—that he gave the opinions ofthe
President in relation to the eligibility of Augusta and <Jo
e iambus, !| s locations fir future Branches of the Bank, at
least (for, in telling us what he gave as his own opinions
1 on the subject, and that Mr. Biddle’s accorded with them,
heofcoui'secimveysloustiieopiulimsof.Mr. 11. himself:)
" —we then called upon him, as he says, to stale what he
did say ia relation to the appointment of him elf as a
" Cashier ofoue of the Branches. And, now, even admit
" ting his statement to lie correct, does it not show that the
, Bank has strong means of controlling his opinions, and
# eenring his Inllnenee and services in hehalfof the renevv
u al of I lie charter, by operating upon pnldie, opinion,
, _ns strong, al least, as the ticlutil appointment could have
~ been 1 Have we not already shewn the deep interest anil
(1 assiduous industry he laid manifested, in uscerlainiag
,1 pnldie opinion, ami operating npun ii, mid corresponding
with Mr. Biddle on the subject! And Is it not rcason
!- able to believe, that the assurances contained in “ .Mr.
e Biddle’s tinswer” to his application lor the oiliee ofl'ash
te for, that “he slon.l at least an equal chance of success
1- w i’.h any oilier applicant,’' and tlte knowledge that no new
to Brunch will he ereaed liil after tlte renewal ofthe char
ter,hove had a pnvverf d inllnenee in excising that interest,
c- and that industry ! In addition lo the exertion ofltis inliu
til race upon us, and upon olhers, at Milledgeville ami clse
-1 - where, as already shewn, besides wliat he may have
t’l done, that has not yet met the public eye, dors he not, tit
sh his letter now published, openly urge the people of t.'o
ils luiiilais to snerilice their honest opinions in opposition lo
L> ‘ the Bank, ton sense of self-interest, and to excrulieirsHf
. fruges in helmlfof the renewal of the charter, tinder the
0 hope el being compensated by the establishment of a
V Branch there? l>o not these services prove him to he
virtually an agent ofthe Bank, and, except so fir as we
have exp sed them, a “secret agent!’’ Have they ni t
’ been rendered under tlte hope of receiving tin; Uasiiiership
~f applied fin'—and ill some degree purchased, by the asstt
ranees given him by Mr. Biddle 1 And, after what lie
has admitted lo have taken place between himself and
| u , Mr. B. is ii nut reasonable lo believe, that much more has
J e rauspiicd lalvve.a liieiti, whirl, he is neither “ shallow
~_,_ euougii, nor vain enongii, lo sutler hia.sellTo proclaim ?’’ '
Ik, Much more might properly be said ou tills .-ul.jeci, bin
ar waul of room will not admit oi it at the present time; and
as vv e believe that nothing more is needed to sn.-tain the rea
of sonaldeness of our belief, us expressed in the first hi
es stance, that “tiie Bank lias its secret agents all over the
:ss country, ’’ and that the gentleman it. question is “ one of
d, them.’’
Pensacola, Feb. U!t!i, 1832.
"d To J. 11. Pemberton, Esq.
tb
,1,1 Dear Sir—Wh it! you, tbe depository, the
tot proprietor, tlte holder of the Augusta Cltrouiele,
which has been the register of events before 1
• entered my apprenticeship lliote, and before you
er- were born, and yet say as you do, on the Ist in
lal stunt, “We have no means of easting back to
■ ss the time of chartering tlte Bank ofthe United
)n ' Stales in 1810, lo discover whether Mr. Forsyth
|rr voted for or against tho measure.”
of However, this gentleman has himself, in de
bate lately in the Senate, solved uncertainty
rs hereupon, and fixed tiie agreeable fact, that lie
a was a supporter of the proposition lo charter this
■ le Institution.
® l j This is indeed an agreeable fact, and accords
well with the very agreeable hope, that bis riper
years. Ins malurer juagrnem, »»»
to vote for its continuance, with or without o c i
intervention of the sin of being a money borrow- ed
cr therefrom.
So, much for Mr. Fo.syth, who, as being my pa
schoolfellow, I shall delight to read Us pubhea
tion in your ancient gazette, the sight of winch eh
will never cease to remind Gov. Forsyth and G«
myself, of the days of our eatly hoy hood J in
You call upon mo to speeily what I did say to .
you respecting myself, of an appointment, in sti
fact, o. in expectancy, from the Bank of the be
United Slates. By tl.is call you do not ember- In
rass me ; and 1 don’t think you expected to em- ct
barrase me thereby. The uftermefilioncd state- hi
ment will convoy, as briefly as I can do it, to do th
it perfectly, the substance of all that winch I did , te
communicate to youhereupon: st
That it was on© of the errors in tho acta of my n
life, to leave the service of the Bank ot lUo t T uil* a
ed States. , °
That about a year past, when a Branch ol tne si
Bank of the United States was petitioned for by n
the Legislative Council of this Tenitory, I was ll
an applicant for the office of Cashier; and, judg
ing by the terms of Mr. Biddle’s answer, 1 had c
1 the right to Conclude I stood at least an equal \
chance of success with any other applicant. No £
, Branch however has yet been accorded to that i
. not it ion. I I
That I was sent last summer, by the mer*
bants and others, inhabitants of Pensacola, to
'lnladelpina, to petition the Bank ol'ilic I. niled
States for the establishment ol a Bank Inn cal
ini' this of course brought me directly before Mr.
diddle, who not only condescendingly rc cgtn/.-
; d a fonner personal acquaintance, hut,pending
ho result of the application under this mission,
treated me with his characteristic kindness, and
that I might have a perfect opportunity of pre
senting this petition most advantageously, he
introduced me before the committee on peti
tions, for new 'B enches, of which Mr. Sergeant
was a member. And that after two mooting,
hereupon, 1 received the decision, which in sue
stance was, that it was inexpedient then to ex
tend a Branch to Pensacola. I told you that tin
application for a Branch at Pensacola, was got
ton up, and hopes of its success mainly placet
1,, on the facts—of tho govo nment disburse
moots annually, being about a quarter ofa millio
of dollars there—and of the belief that a console
ruble sum in Spanish gold, was hoarded, iiulcc
literally hmied in the place, which the oslal
lislnncnt ofa Branch Bank of the United St,.t£
could alone influence the holders to displaci
■and lot tho light shine upon it, -at least for a sci
on.
That Mr. Middle conversed with me roapec
ii U ilio petitions for Branches from Augusta at
Jokmibus, in your State, on account, a.i 1 su
posed, of his knowledge of my long rasidem
therein. That I told him Savannah had he con
a second rale place to Augusta, and Co umb;
In South Carolina, (fo.n whence it was nndi
stood he was pressed lor ti Branch) a third r:
placo to Augusta. That Columbus, on tiro W i
tern line of Oecgia, was probably destined
advance in population, in trade and in weal
mure ra; idly than any other place, which 1
hoen established in our day at tlie South. J1
lot knew those two ( laces in Georgia wu:e si
. . —(j,,,.* i»,f, I.
and West, about titfO miles, the breadth of
State, apait and very near mid-way helwt
the Seas and the Mountains, each at the heat
navigation of its river—one, the last targe All
tic River—the other, the li. si large Gulf ofM
ico River, the main sources of which interk
and begird Georgia. That Branches of
Bank of the United Slates located at these t
points, would serve collaterally tiio intctci
and the mercantile wants of the ci etmijac
parts respectively, of the two important adjoin
Stales. That, for instance, a Branch at Aug
la, would in its operations, he in, effect tar
mount to giving a Branch to South Carolina
Hamburg, on the opposite bank of the Riv
where HO,OOO bags of cotton or more, w
brought for a market annually. Whilst a Brai
at Columbus would be appropriately placet
deal in, receive on deposit, etc. the abend
supply of the lino gold of Georgia, the ta g.or
which lies directly above, and where so mne
the enterprise of the industrious man, and
means of the capitalist wet e placed, and conli
ing to be placed, to bring in requisition in
perfectly the product of Ibis lucrative sourci
gain to Georgia. That here, also, a Brand
the Bank of the United States would share, i
justifiable competition, the 1G per cent, divhi
which the local Bank had, at its first son: : am
settlement, declared — and he ready Oigatri
to enter into a further, and still move extent
competition, in all tho money negotiable
which (tiom tho probable speedy acquired
of the entire Indian Terrritoiy in Alabama,) i
hand, and about to fall in the lap of Coinin'
These and such like observations, I found, w
already well understood and known to Mr. I
die. Ami surely, it ought to bo matter of ci
mendation to yon, of him—l believe it is sc
fact, “That Mr. Biddle, the President, was \
informed of the commanding situations of
gusta and Columbus, their advantageous k
lions, as situated at the two opposite extremil
and most important and powerful cummer
positions in the Slate, and their necessary Cut
prosperity, and that he was well inclined to
establishment of Branches in those places,” i
Lastly, in recapitulation, under your call
what I did say to you respecting myself, of
fice, or the expectation of office, from the B
of the United States.
The Commissioners, or three of them, for
tablishing a Bank in Pensacola, wrote in J
last, at my desire, a Circular to each of the
Banks in the service of which I had uctec
Cashier, requesting to be advised of the mat
in which 1 had discharged the duties respect
ly, of these appointments, and forward thcii
plies to Philadelphia, care of a cetlain hi
there. These replies arrived by course ofn
ami when I was about to 'cave Pbiladelphi
October, they wore handed over to ton, a
placed them in Mr. Biddle’s hands, asking
as a favor to receive the same, arxompaniei
a short letter from mo to him as President n
Bank of the United States, the object of w
was to place myself a candidate, when an i
tion should come on, for Cashier to ike lli st So
ern Bianch Bank, that that Institution migli
tide on establishing.
Tills is the whole sum and substance of t
lining fiora and between the Bank of UieUu' I
J States and myself. Your award thereof ■
m sure, will gratify the upright who read
uper, and conjecture my name.
I conclude with this assertion, that the 10 f/. I
lectors—and there are more Uian this numb',, K
icorgiu, whose transactions in trade all i- ■':
lirectly to Columbus—in voting at the G-.rs |
Election itcxl October, if they all vote uni. I ]
tandingly, regarding the measure, wliiUr a h 1’
rest subserve lire rapid advancement of (.'.«> Ki
jus, they will give a pretty united vote fa Si jj
randidates for seats in the next Congress, aalt,s lt ,
mown to favor the renewal of the Charter r 1
the Bunk of the United States. By this I mei
to say that, in my humble opinion, no single me
sore is so certain of becoming the ablest auxilij.
ry to the speedy advancement of tin, best ir.t ct l
ost df'Colnm'hus, as the placing there ofa Brana
of the Bank of the United States, and no me ;
sui e which has not been positively promise
more likely to take plate, if the rechartorin;
the Brink of the United States is not withhel:
ll lave communicated with you in rrplv :! lj
early ns tho course of the mail would allow
Would you believe ill No part of this esteii,
and important Tenitory, receives rno-e tl '
weekly mail. I would take your wan-wea;} j
paper of choice, could 1 receive it in the rcg.. 1
| com re of its imblication. 1
i J?y some, I will he called Ephraim Smoot.
.l y some, the wandering Jaw—by others, ,
son of Aaron the high priest.
COTTON M ARK M S.
By the arrival of tho ship Charlemagne,itS
Voik, font Plymouth, to which port slit m
compelled to put back, after leaving lhvie,iti
have advices from London to the 17lh Feb Dan.
Tho Cholera made its appearance in I.oiidoc.
. n the 15th Fob-nary. There had beenfidee
oases, and a number of deaths. It wasting
; 'hat the quarantine regulations would laving,
rions effe-1 on the commerce of that city. Ms
neyliad become scarce, and orders wlnihij
been forwarded to tho manulactu.iiig fen
had been countermanded. A Louden pj«,
I ]6th Feh.uary, says:—“Wo believelUi
state of trade, both in Liverpool, and llnn-li;
the kingdom, has become much better diiiiiji
last month. The demand for cotton, f>• ssvei
j * weeks, has been very good, ami a consifei
I advance has taken place in i rices, 'J’liedeiui
j ccntmues to be brisk an 1 steady, andllicilo
i are getting unusually low.”
’ j Onr advices from Now-Oilearts rc; re-nttl
| Cotton market as languid, and p.ice> iktUi
I (flotations 9 a 12 cents,
j ! Tho Mobile Register of .March tfil, sap
I “ The Cotton ma hot this week, has he n ~
‘ | flat, and prices, within the la-t th ee day-.k
' > l given way fully \ cent on all dc a'.ri .llon-', i
i further concession insisted on by the. la;.,
’ cunsc jUitntly the business of the weE.li.4
comparatively light. (fiotstLins ■* a lie-. 1
Ft eights to Liverpool brisk, at f.d.
S ' (>ur ma Uel has oonllimed in the«w-
I ’ s rato, as noticed in our former rc; ot. i'
j ers not being w illiiig to give *l-0 prices ■ <
holders: mid lioldarP, having the iitim-■
I | donee in the ai liele, art; porleelly veil a 1
. iho receipt of later intelligence from !’»“■
.THI I '
!l, ' Tlie main obstacle that presents rsi ;
! j mind, to a very considerable advance s
I j-; price of Cotton in Europe, is the Ciiolca.
i move that obstacle, and wo onto:tainn>r *
; that prices vvonM advance to 7 I a id I- 1
. It is now estimated that there are not tta
II _ ing ‘id,ooo hales of Cotton remaining nti
tenor, to he brought to this nnnkot. V,.-!
ivo , , " , . .
ral mi, rovoment m jifico bro t it la; want
’ earlier than usual, and this fart ledmr?
cut
nah friends into a groat error in Uiei us
ing B
us . iof MOP
. Our (.notations below, coricsj ond tv;,
ila- i 1
- ’ Sales ot the week :
er, Prices CarrenN
Grc LIVKUI’-jOI.. AIXa'ST.t:
rch Ordinary 5.1. ~ Tnfe.ior
1 to Middling s|d. Coinnnai
ant Fair std. Pair
lot Good fair 5Jd. a Gd. Good
aof Good and tine, G.y 1. a7d PrhnoiV c.'ioie l ' 1 !
the Freights—to Charleston, $1 per L
mi- Savannah, 50 cents.
o: 'e Exchange.—Bills on Baltimore, PliiWj
5 f, t Ncvv-York, Providence, and Boston, att
I °* sight, 1 per cent, discount—at sight, us tl
n a cities, 2 per cent, premium.—l tntod ;
3n< ] Bank Notes, 2 per cent, premium.
lUd i ~ ~
seel , lull T»’R AUGUSTA nimMUI.R.
avn Mr. I'tU 'or: —’Vo saw with please v. it
ms, ! other dislingnislied names, that ol Cnl- -5'
ent i Tt.krei t,, of Franklin, aminnnceil in yon;
s at * sometime In January, as a fit candid dc to
ms. ■ gress at the. ensuing election in Ootid*
ere ■ Col. Terrell was born and rai-eJ ani'll
-- therefore wn know him. \en, ino-'ei " f
mi James and Hezekiah Terrell —tliuli |ll|(
, in . grand father, tlio latter, the immediate a.
roll of the Col.—James Terrel, E-.;. was-t
Va- 1 od soldier of the revolution —bom ing in l "
ica- I morablo struggle thoShonorable and 1 "P
ics, 1 post of Captain—and has frequently
cial tlie Councils of the State, as a moadi f
ure Legislature, and Las held many highly • ,1,
t,Le and responsible comity oflieos 1 le./t
Jkc. reel, than whom the sun never slim
,of nobler heated soul, or one mo.o u llll " 1,
' of* honorable in his friendship was a ■
auk fur above mediocrily in the grade ol i |l
One whose humour, wit, and repair.
es- often amnsod and instructed sot..- 1 *
uno rivet our alTection to his mommy ,
five tcnacitv. lie held for many ye ll '
! ns |as long as his health wonld po. n>i* E ll
mer 1 to their duties—vaiious county office-'-
ivc- ■ filled w ith honor to hiinsell, and u ”
1 rc- tlie people; and was believed, in E- 1
.use to have been the most popular Im. ' 1
tail, 1 county. We speak of these things lorj'
a in ' mation of o'ir brethren in the into 1 '
nd I . country, who may not have hud la- i
him |an acquaintance with the Messrs. K
I by ' their lifetime— knowing at the ? ,n •
: the 1 under our free and happy insti n'*
I.it'h 1 stands upon its own bottom. * l,l
dec-' py to say Col. T. can do, with all
uth ji 9 acquainted. It should, however, '
tde- claims, to have descended from a
w’o m -an in the republican sense, n
chat interested patriotism, and efficient
I