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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