Newspaper Page Text
BV CAM AN .v.UA(ilw\M), ST AT Vs 4- CATTED STATES' P MASTERS.
MILLEDGEV1LLE, TCESDAV, JL'LY IS, 1920.
From (he .Macon Messenger,
in Bibb Superior Court, February Tern.
1H2G.
Jami.s S. Frif.ikos, rs )
ThoGovi ttiioK and [ MANDAMUS
Mortimer R Walt.is )
James V. Frierson. has) potitionod tliin
court to br* rostored to Uip Ag»*m*y of tlir
public property and reserve ;it Fort Haw-
kir^frnrn wlueh lie complains tlint he* linv
hne^improperly rnmnvod Tin; petition
shews “ that the Legislature on the 25th
day of December, 1SJ1, passed a law to pm-
■vide fot the temporary mana«cinent of she
public piop**rt\ and reserves at Fort Haw
kins, ami to establish a I eriy across the
t)* mulgeo River, by which law it was en
acted that an Agent be appointed by the
Governor, whose duty it should be to tike
the ‘uperiutcndance and management of
the lands and other property at and near
Fort Hawkins” The art defines the du
ties and provide* compensation for the A-
pent. The petition further shews that by
authority of that act the Governor on the
‘d'.llli day of December, I'd I, appointed
J im *s H. Friers >n to that agency ; that lit
lias from that day until the 5th of January,
H21. discharged the duties and enjoyed the
eni 'lumems of the appointment, at which
time be was superceded bv the Executive,
by the appointment of M II Hull
Upon this petition a Mandamus nisi bus
been issued, which the defendant's counsel
Dow move to quash, and in support of tins
motion, three grounds have been urged
which bring the full merits of ibe ennso be
fore the court. It was by consent of C
^ wl that these grounds were argued upon
this motion—tlioy are :
1st. That this writ does not lie to the Ex
ccutive *f the titateor to a uiciuly private
person.
2nd That if this writ could lie, it is not
authorised in the present instance, ill
.being other adequate and specific remedies.
3rd Because the Governor, in removing
the tela I or exercised his proper Execute
discretion.
Li support of the fust point it has been
contended that the legal and constitutional
propriety of an act of the Chief Magiatralo
of the Stale, is not examinable into by tin*
Judiciary—and, that that olfinris respon
sible to the people only under the Constitu
tion. The establishment of this doctrine
in its full extent would be the means of gi
ving < flicary to every act of the Executive
L> partinent of the (lovetnniont, whether
legal or illegal, constitutional or unconsti
tutional Nothing short of corruption, and
a conviction of it upon an impeachment
could nullify the act, 'Flit? huintdo private
citizen could have no redress, should an
jrreptitious act of the Executive, infringe his
personal lights ; unless lie should have ii
jn I ,a power to prove corruption lie had
I) *ttcr at oiii’o recognizo, as applicable to
our highest public functionary, that pnn-i
jik wlii Ii 111 England, ascribes to the IC'iur,
tiua tainanh*,human perfection iiitlionui
Jim, that “ lie can do no wrong. 1 ' This
op! • is inconsistent with tlio not
■c.vil a id political in^titutiofis, and hi oppo
sition the to most obvious maxin.s of uatu
Jal j'istico." In this country, “ to him who
ifust liiis an injury in Ins person, his proper
ty, oi hi* reputation, tlio law extends a re-
jrin*dy,” no matter hy whom intheted; but
is Inn it i» - u ill* red at the hand, of those who
Judd the I iw uinlving power or the ndmims*
trail m of the Govei nuiciit, under a iniacmi-
stnu.ti-m of tlieir duties «.r their powi rs, tiiu
r.alure or the remedy might he such a*r not
to adoid a satisfactory redress The in *bt
that a court of Justico could do on «ui*!i an
occasion, would bo to declare tin* offend ng
act illegal, or unconstitutional us thu case
might b«.
Tlio Ci nstifutic.n provides, that “ the
.Legislative, Executive, uud Judicial do*
pnrtmenlj of the Government should In*
distinct, and that each shall be couti led to a
separate body of magistracy " This pro-
•v ision distributes and separates tlio law-iua-
iving, 11iu law-oxoculiiig, and tlio law-< mi-
filming powers It secures to each depart
ment of the Government, a proper indepen
dence, wiiilo it gives u supremacy to nei-
t lj **r. Tuts is the strongest guiranty of the
liberty of the citizen. The Legislative
ci is restrained within the pale of the
institution. The Executivepowvr
the enso fully before tin* court From the
nature of his Executive duties, the Govern-
n the iccesH of the Legislature, hasfre-
nily tr> exorcise a wide discretion ami
assume important responsibilities. II Ib
nd to ra*ep the Government in opera-
, and he would ho but an imbeciln A-
gent of tlio public were lie to shrink fiotn
* exorcise of any of the powers.necessary
Hert this object. He is at all times par
ticularly interested, in the conduct of those
•ora \v|po ‘-we tlieir stations to his np
point:.lent. Ho is blamed for tlieir faults
and contemned for any injury which thu
public might sustain, bv reason of tin ir irn-
propi ieiitis. This consideration alone con
stitutes a most powerful argument in favor
of the Executive prerogative contended
for This point however may bn determin
ed hy tlio application of those principles
which have been recognized in the United
States, before, and even since the adoption
of >he Federal Constitution. One of the
•'blest and mod enlightened of those politi
cians who framed that invaluable instrument;
expressed it as an uucontroverted matter,
that tlio power of removal from these < di
ces to which the President and Senate had
the r.ght to appoint, was incident to that oT
uppolutmoni— Fcilualibl, No. 77 Ninre
’hut time, by a rosolntioii of Uongrem, based
upon the rousiiiutiou, general convenience;
and the nature of our political institutions,
this power lias been conceded to the Presi
dent alone— Marshall's life of Washington.
1 17. Tim same rule prevails in the State of
Pennsylvania, and may now he regarded as
the established law of the land. It may
indeed have been borrowed from thatcoun-
try, whence we have derived most of our
rules of legal construction—1 lilackstone's
Com 35a;
The relator was appointed hy the Go
vernor uudurtho nutho.ity of the aid, crea-
■ ing tlm agency ; that act does not v*ay
iIn* nature of the tenure by which he should
hold the appoint nr u: ; nor dm a it point
out any particular mode of removal. Tlio
Governor therefore had a right tfl exercise
a discretion in removing—into the propru I
by which, this couit does not feel authorise
to inquire.
The Mandamus rou t hr quashed.
ZJZ
From the A'utiono 1 Int/Ilig nicer
ALBERT GALL VfLN.
From a dnsira to doavv.:y tli • ignoran
that exists, in relation to Mr. Gallati'
and of which wo sec daily proofs, wo ha
been induced to present to our resident the
following Nketnli nl'liis origin and public life,
which may he n lied upon :
Arit vh.vm Albert Alpiionso pk'Gj
l\tin, eomim .ilv called Albert Gvi.i
riv, s »n i.-f John do Gallatin, and Allu rt'iia
Sophia Rolaz do Ro#ey. was horn at G
va, Switzerland, on th«2Jlh day of Jn
i v ITtil and is of an ancient and noble fam
ily, (originally from fcmvoy,) that tletives its
*; igiri frmn Fa tidier do Gallatin, Chivalier,
Lord of Arlod, who died about 1258 N
John do G ilbitiu de Granges, Lord of Ar
domic, Giungcs, Mu^itiners, and Arlod
M aster of tin horso to Lewis Duke of Sa
voy. was father of J din do Gnlljtin, Lord
of \rlod, a Vim >ur t Palatine, and Secre
tary of Slate to Plulihcrt 2*1 (purnnmed the
handsome) Duke of Savoy ; this last John
de Gallatin emigrated to (lonova, a:nl I
cainc a burgess thereof on tlio 17tli D* ».o
In r. 1510 ; u uiumher of the council of t
hundred in 102 l l; mi l a councillor of State
in February, K>3 >. lie married Pernetted
Enlremont in 1507 ; was born in 147u, an
diud in 1576: liia UuHCondaiita liuvo ev*
since In Id the principal employments i
t lie gift of the Republic of Genova. Ai
nth r G ill a i in (our Min'nterto London
is lineally descended fiom IV-Ur de Gallatin
(s >u oi said John do Gallalm, und l'cruclte
d'Eniimnont) mentioned hy Guichetitn
as basing (louehomage to Francis tlic lut
lv.ug of France, fur certain lids in lJugy
but he remained, ami died at|G* neva in 1
he uiariicd J antic Tor.lmi in 153D
the Constitution of Pennsylvania ; a rnen-
her of th»» Legislature of that State in
1700; and in 1704 amotnhirof the Senate
of the United States. The Senate, howev
er, by a majority of one vote, all the Feder
al pnrlv voting against Mr declared him
ineligible, on the plea of his not having been
suflieierit length of time a citizen of the
United States. As soon ns the decision of
lu* Senate was known, he was simultane
ously elected a member the Legislature of
Pennsylvania for Fayette county, and n
Member of tlio House of Representatives
of the Unnitcd States f »r Washington Own-
y, (where lie had never resided.) lie took
»nt in the la*t mentioned body in 1705,
ml remained therein, the most active and
elficinnt leader of the Republican party, (in-
il 1*01 ; when, on Mr. Jefferson's election
to tba Presidency, he was made Secretary
of the Treasury : lie fulfilled the nrdous
duties attached to this department for
twelve vents, with d'EtingU'shed reputation
and ability.
The Emperor Alexander or Russia, hnv-
g, n 1 13. olfored his mediation between
he United Hintes and (ireat Britain, Mr.
j iiritl*, with Messrs, Ai»vms and Bav-
i». was appointed Ministor Pienipotntdin-
ry to Russia : the nomination of M G.vvas
rejected in the Senate (oy a majority of
ote) *»n the ground that the appoint
ment of Envoy wii- inronip.itible vvitli the
lost ot •Hrrmtary of t lie Treasury The med
iation of Russia was the mean’ time rejec
t'd by (treat Britain, who prnposnd to on
er into negotiations directly with the Uni-
ed States. This proposition was acceded
to by our Government. Mr. Gallatin re-
signed his nloeo in Treasury, and was ap
pointed jointly with Messrs' Ai*vm«, IUt-
ano, (5 vt, and Rcssi.i.l, on thia impor-
nii a 8ton and nrontintij and signed.
with theae gentlemen, the Treaty of Peace.
at Client, in December, 1814. Jointly with
M«3*r*». Aiumi and Ci.av, in ]^15, Mr. G.
nogo'i.iiud and signed a treaty of commerce
at London with Great Britian : In 1S16, he
vvns appointed Envoy Extraordinary and
Minister Plenipotentiary to France . At the
Hague, in 1:17. he, jointly with Mr. Ens-
ananged the commercial difficulties
that existe*! between the United States and
the Netherlands : And St London, in 1818,
j ituly with Mi Rt bit, agnin ncgotiited
‘signed a ireoty of Commerce with Great
Ui itaiu.
Mr Gallatin, after representing the
United Hiatus at the French Court lor sc-
years, with honor to himself and Ins
mv, resigned his mission, in 18*23,
fumed to the United .States, and vvns nomi*
d at Washington, and hy the Htntu oi
Virginia, as a suitable candidate fur A
President of the I’niled Htn. h H<* had
•tilly.as our readers know, beenappoin
Minister to England : anil it is to iccu*
hi* character an history fr«»tn misrrpresan
tation, that we have pee p.vmt tills l-|.Uom
ul Ills useful life.
VOI.T'MF \ V1|.— \ ft. 42
jv.u,
fin' d within tjie lituiis of t!ie Constitu
tion, sod Ilo) constitution;!! la'.v. Tin: Ju-
ticinrv is li.'iind t*. rnguril tlm autluuity ot
all cmistitutiuiial ail! nf llie Li:"isl.ituin
and ail constitutional and legal ac ts of this
.Executive. But tho |i«« of examin
ing mtii, and passing upon tlm (itnistitu-
tiunality of Legisialiw*, and tho Cunstitu-
tionality and legality of Ilxocutiv acts,
is necnasurily incident to tho naluro of its
y slut.i s,mhenviso tint provision rol'-mul to,
would hit an umdess excrt'-.siuicu upmi tin
Constitution. Tlio Constitution itself w nuld
ho a ilead leltei, opposing no ubstaelo to
i.i'gislatno sud laxocuiivo tyranny. In
the exorcise nf this pmvor, however, thu
Judiemiy oill not nitempt to control by
its mandates, the operations of aim Imr de
partment of tins liovnrnment If tin: l.e
cislaturo were to pass a law in mnnili st
violation of the Constitut impairing the
obligation of the most solemn contrai ls,
can it ho that tins "inrt would liuvo that
power upon tltu application nfanaggni v-
ed individual, to diioet i s ni.ttidala in tiiat
body, requiring it .to repeal too im.onsli-u-
tional law ? Certainly nut. Vet it isurged
that such a uiundato’can lie to tile Chief
Magistrate of Ihi* Statu, who is ronaliluted,
a co-ordinate lteparlinent of tho Uovern-
nio.it. All tho reasons, (which arc obvious
and foreiiiie) wliielt apply to tl.e former
r iso, apply tvilll equal 1 *.11■ o and justice 1*>
tho latter. If the Executive usurp power,
which do not belong to Ii ill oreuiiuptli ex-
aicise llioso which hu possesses, he >,
nponsible to the country under '. iu (. iii-11-
tution in Ins political character. Mis acts
may lie examined hy this court cullaiterally ;
hut h>. cannot lie held subject to Us run-
trul. ilia acts may ho treated as valid or
-jjuali.l,accordingly as they may lie legal
Yr illegal, constitutional or uneuiist.tutuiu .1,
Jjul he cannot tiy tins tribunal, be i qu ieu
to do or undo any particular thing. Ills
contend: d, that if this writ cannot lie In the
Executive it may t,. sustained against Mor
timer It. Wallis.’ 1 believe no case cal) lie
found supported by authority, wher® «uch a
writ lias been sustained against an individu
al, in Ins -imatiuu. These are cases, wburo
an individual, circuinalanecd us ho is, bus
boon pormittid to bn made n party, or re
quired that lie might defend Ins rights mi
der tho appointment which he had receiv
ed. But he has always been associated
with att individual against whom thu writ
could be supported. The first ground ta
ken must therefore be sustained, and her
the ease would lest, hut Hr the expresse.
desire of the parties, that the opinion of the
court should he fully given, that their l ights
urn be settled without lurtlier litigation.
it „ unnecessary to say any thing on t!
«econ I point, as il appeals to have been I
ken, t I he iiisnled upon, merely in tlio eve
of the fuilme of the first.
j'nn third ground, “that the Governor u.
r „ , . n g the r I it ir, ex«t< i»«d bis proper
. ui vc discretion" brings the mem® «!
ft!
iral infurinntiori, ami imlurin^ a nnii’onnily
^1 nation in tho clilF(»r«*'*t h.gi.-latmTs. ft
would he a record of tho opinion*, and n
repository of tho v\i»dom of • *iir •tatcsmcn
in every part ol’triu Union, and the light eli
cited hy each would serve to ill
guide all tho others.
particular:) it D proper to state, buing in our
poHfiussion, because Jt has suited thu pu
j>. se c)UHomo .o throw out cuaraa insm
viti'ju* of .Mr.G’a hoisg of oh> - uro onizi
B «t Mr. Gai.laitn is a Rcpul.lita
Hu no umru h.iuats tho nobility of Ins am t
try, than I)r Vuxnklin was ashamed of h
mg decjinled iVom a succession ot hum
nlacksmiths.
The father of Alhort G Jlatio dying wire
ho was but ruvcu )0urs nf age, ho was nd
ucctcd atiho University at Geneva uii h*r
tho tutelage of hie graml liilher A. du Gal
lutin doFregny, vvh«» had resigned the cm
yniunts ho heal urdu* tlio Republic
rid r* -idud on Ins estate i f Frog
ny, in the pays tie Gw, ant iont provm
Bourgngne, arid was a member of the
States ot* his I’rovuien. Jiu died in 17 )1
lit 1770 Albert Gallatin eompleteil ms
cadeim* ai >tudi«s with eousi lurakl" riq'utti
tion for ialmits ; and t!ie Eangrav e 1 reder
icl; 2d of Hes>e Cassul (who had ht*»*u edu-
rated at Geneva) d**s r« us t » engage him in
In* ficiv:no, ollured him a commirsion of
Eicutemurl in his body guarjs, with mnU
of Ei tenant (-olonel. This oti.*r, liowov-
er, young Gallatin (w ho had imbibed an ar
dent love tor liberty, arid vvOj predetermin
ed to win his way to dintiriuiiou hy iiis own
exertions) notwiilistandiug ihe entreaties (, t
is friondi, roliised ; and, in the Spring of
7d0, having secretly made arrangamoutti
i go d tin* U. S: i:os, prut ured a passport
nun thu 1 lem li Itesi lout Minister to Ira-
el m tlu* Ulterior of I’ranco, proceeded by
ircuiloiKs routuH to Brest, and embarked on
board an Aiuoricusi brig of hut sixty tons,
ml, all at a passage of eighty day*), I umi
d at Boston on thu 14th July, 17;0 II •
mtnndintcly joined as u volunteer of a bo
dy oi American troops at Machins, in thu
Mate of Ma.no, and advanced funds l<> thu
(.ominaiiiliiig otlicer fur the support ol tins
hotly of Revolutionary Buldiers. Iu 1783,
Mr. Gallatin becaiuo Frufessor of thu
ill*; Frciteo Innguago r. llirvaitl College,
Caiubri'lgu ; an I, in 17* L having receiv
ed remittances from Europe, hu pure limed
suvcrul large tract* of land in thu Statu of
Virginia. During his residence in Ricdi-
mood, occasioned hy iliosu purchases, hu
was so luituuatcus to obtain the Irituidniiip
of Pvi rick Ili.Nr.Y,by whose advice hu
pun traced hi* farm in Faycfto County.
Pennsylvania (at that timo tho County of
Fuyeiteo was cluirmul hy, and was uudur
tho jurisiiiclhm *»l tho Statu of V irgimu)
and becumua citizen of tho United StaUa,
arcord.ug to law, in Mouungahcia Coun
ty. Vn {ii n 17o5.
Mr Gallatin was elected, in 1*83, a
inoiuhcr of tlio Cuveinion which revised
From the. .Vtw- York Statesman.
< 70 N G II ESS I ON A L REG i ST E R
To the following notice of this valuable
work, extracted from thu 50th
the North Atnorican Review, it is
dd any remark, further than
that it has our entire woiicnrrence, and that
wo filly paitieipnto in the wishes txprease
by the < ditor of the R. view, fur the sunc.i*!
of the enicrjirisitrg puhliaherH. Those g°n
Reman hav« tho Boeor.d volume of tiiu Re
gister nearly ready fur the press, and Iiuro
stated an intention, should they receive suf-
ficiont enfiuragement to justify thu under
taking, to'dirocl their labours retrospec tive
ly, and to take up tho work ah urlte condita
from hu time of tho formation of the pro-
sent Constitution. They rctnnrk : “The
enterprise* is a great one ; so, indeed, is tho
eonter ;noraneous Register. Tho magni
tude of it, however, will nut discourage us
if tho public Rinilo upon our labors. For
too present year, other duties will prevent
tliecommeueorncnt »*f iliis work. But
is our full d» t* rini.union to publish Volume
I. of thu remote (mid .almost forgotten,
though most instructive and interesting) de
bates, a* soon as will be consistent with
other engagements—of which, at the time,
mom Ibrinul and particular notice shall he
should embrace the nnhnal messages of
the governors in tlu* riiflVrrnt states and
nf tho most important documents ac.
. anying them, and also an -ira. t of
the proceedings of the I ‘gisUturos on those
subjects which are calculated to have .i per
n ct on tlio institutions hi any
state, or which have n national homing,
such a work in connexion with Gales c\
Heaton’s Debates, would cunwtituio as per
fect rt liistpricnl register of passing event
as could he desired The vs hole might 1^
in two volumes, not exceeding
in dimensions the volume of debates Such
Work moreover, would tend to give so
lo the government, by diffusing polil
irlitv
Wins CRJG&S SELXZATir.
'iili the Serrmary before the confirmalior,
• f the treaty hv the Henate, in u hu h inter
* u*\v tho Secretary had fully mfjrincd him
of rho fat n; tiow rnfqrrcd to.
Ah*. C( Olv, advening to tl.e late period
"’f ■*i‘-ssiori, and the lew hours now left
for business, together with the mass of im
portant inuttctH which chimed the attention
' I i h House, moved the picvioiis nues-
tion
T he motion was not stmtained hv the
House.
Mr PURGES, of R I. went into n vin
dication of the conduc t of the War De
partrnont, in the several stages of thu trea
t v negot allon ; and domed all purpose of
tit or indirection.
M-. miTIIHEIVr, of Georgia, said,
tlmt, were it even Ins inclinnrion, tho state
of his health would in»t permii him, nt (hi.-
time, to address the Hons 1 oihcrw i o than
" i'-li extreme brev itv . und !ic should he he-
lieved, when he sail!, that n strong sunae of
could urge him t > fitting on this
given to the public.”
Register i
‘Amor" tlitrs, we obii
“ Ai.ulut Gall vtin.
the following
live of Ueimvt
criiiiu inauy years since to thu Unite') Hates.
For suhsi tanci* ho t»ec emc a pruncli tnjeher,
hut Hlierwards connecting hioinelt vviih Mi.
i, lU.-isjn, he rose ( j nigh eiuplovincuts in the.
iu: try He wad appointed Scerctaiy ol the
I C a iry ;aud in l ,i-. w is s m to < n u f<
;» peace l» tween the ( .*3t0.sand Great Rill
ain ; fuUiȣ in tins hen turned in ldl4; in
Uli. 'i w.,s i|i|ii.iiit 'I Miui.terl'j H.itit, iiitil
alt u wards v\ uni to Lo nlon on public busi
a !*s ’ Set the Uniwrtal Hiogrupni al Du
ft•■■■ ir;/, containing tin , of tne uu it celebra
- • I
. . - (41
i V"btM, b * Airmen ll'lti.’f, IU»t<.
• j;: 1 '
.1' DchaiPf in Congress, compri
sing the leading Debates and incidents of
tlio Second Session of thu Eiguteeiith
Congress; together with an appendix,
containing the most important State pa
pers and public do. utn» nts, to which tho
Session ha* given birth ; to which arc
added tho law* enacted during the Ses
sion, vvill a copious index to tho whole.
Volume I. Washington. Gules & Sea
ton. Large 8 vo. pp. 504.
After examining this volume, llui purposes
of v\ hirli uro fully expressed in the tii In, the
first rellectiou that occurs is, how the pub
lic Ins buen so long contented without some
work of a similar kind. As furnishing n
history of thu proceedings of congress, and
the »run*.ictioiis of the g« ricr.il govi man at,
both in the minuluiiussof datailaridrnpious-
nous of facts, the editor's plan einbracns eve
ry thing that is wtintoj.—Tint tii:mtrlal» tllf
urrnnqeil iu ri tmturnl onlt r, tuitJ tin! itittth-
ml tliiuu'liout ta pLT.ptitutms.—'I iio built
I* tint tvurk ia ot rtqtit:.l with tin uhitrart ot
the tloot'li ti it. ri.njtrpsn, .itch suhject hi -
■ 11j* iuiiiiilittetl itt chruiiological fqueticf,
n. it wits taken up in tho houno of ropie-
s. lilntiv-t, nr thu »on;ite, Uttil tlio debates
lire tircsutileJ in the ttununrdor. This pint
of tlio volumit thus bucomes a rcmnl of
thu nnitiiotiH ..f tl.o mcmhcis of rotiqiX'B.,
und tlieir rttusons t’or thesu opinions, un all
tlio important l qm-s 4i«i'tii«'d il niii^’ tb-
isossitin Tho appttndix cmitatna tho nuts-
s.tv'us of iht. Pruiitlcnt, and tit
duciiiiients accomp Hiving ilium
ports of thu sun utaftr. of tlio Ucp ittniHMs ;
tlio reports of tiiu Coiuiiiittuuf of Ummruss
mi subjects nf iniptirtaiico ; ciirr.ispondeiit c
hut waurt public functioiiaiics rula in;' to our
foroll’ll and domestic runcutns Than roniu
'h® laws piusoddurmts tha session, and t '•
hies slmwing thu Siam of our ntinjr ition
m l . nmin roc. An Indi \ sorvr • ns a k.-, to
ill,: whole, and directs the inquirer immedi
ately to any point lie wishes to ascertain.
Tlio great utility of such a woik, not on
ly to statesmen and pului. inns of all ranks,
tint to every I'cnera! reader, is too obvious to
need u smelt: remark. Tint editors, in tlieir
pre'aco, express apprehensions that tho ox
perimeut ; sa lialardous one, bijl
out these apprclmnsinns will prnv
ded. It is a work of labor, exp: use, and
ir: hie , we believe tlio demand will he
vieli as to render a generous cmnpensatiim
fur all these, if not immediately, at least
vyithin a short time. The valua uf su h a
hook will increase every year in a rapid ra
tio, and it will soou bo found to be a neces
sary appendage to all uublic, and must pri
vate libraries. The editors aj|>a,. st that
perinnee may amide them to introduce im
provements Tin. is puss Idu, though we
»ee no mom thr dissatisfaction with thu work
III its present form and xarb ; an® »e conli
dently hope they will be encouraged to con
tinue an undertaking so creditable in them
selves, .V so eminently useful to the country
It would he a great thing, if the hint should
be taken from ilus beginiug to extei
plan to t*i® stele hup '- t * ■.. A work which
d ml.I
HOUSE (il’ REFUESENTATIVER
M it 20, 1820
Tho following mod if. cation to tho
cut of the Henat'.*, rcportoH hv thoUom-
itlcc of (‘(mferenue go the bill making ap
propriation for < irTying into ollurl tiicttoa-
V conrliidoj hclvvccn the United States and
lie Greek nation of Indian*, was taken
up'
‘ Biitli of wl.ii h sums skill he paid to tlu
( hictg o( the Creek nation, to he diVid' *
the c.liipf* mid VV.»ri’uiis of the smd
; and tli it tin* snnii* he d np nndcr tl.c
oi o the S'-cr tarv ot War, in a fil l
council of thr* nation, (.vini*i». »1 upon notu u
mr tli it purpose.*'
On this subject, a duhatcarose.
Mr. FOR.S VTII. believing that the anmnd-
••nt, n* modified hy the Committee of
^nf. roncc, wmihl no! answer its intended
purpose, made ?i speech of considerable ex
tent, in ilie course of which hu proposed to
amend thu amendment as roporti d ; hut the
Ginnr pronouncing such a mot ion out of ol
der, ho tl i n insist) I tli it the Houjk sho dd
d H*cnt from flu* amendment. [A rejmr! of
i* in prupawition, and vx ill ho
given Hoparat'ly, hcrciiltor ]
Mr DWIGHT observed, in reply to
.Mr F that tho House was now, in elfcet,
debating whether it w.ndd carry into effect
a treaty, cons'i:'itio!ia!|y made hy the Fro-
‘blent of tlio United Stales, and whether it
would r would not invade the lim.tsof tho
treaty making power. The Senate had
mndu an amendnviit to the bill a* at first
proposed, which required that the money
paid under tho treaty to the Greek IMegn-
lion in tins city, *h mid ho distributed to ti e
nation ns annuities are distributed ; hut thu
treaty said that the money was to he paid
to tho Chief* and Marias; and ihn Sen
ate had no power to say that tlio mo
should he paid per capita, to all the in
hers of tho nation, in tin* manner that ai
iti«H are paid to them. The House koew
very we!! that they could not violate t.’.c
treaty. It was tlieref»re proposed by the
House, tlmt tho money should he paid in full
council, to the members of the Greek na
tion, noton t)ic> principle of ammitios, but
on that of tlio treaty. The treaty could
not he nlturcf I by Congress; and the
act to carry it into Gleet must conform to
its pruvi ion*; hut, instead of paying thu
money here, wliou its operation vvi-n'.d he to
corrupt tho Delegation, ar.d to defraud ilit?
body of the nation, it was proposed that it
should ho paid in the midvt of thu iiution,
tiller due not i c given, that they mijjht '.un-
vein* to receive it. Tiio lionor ihlu gentlc-
nmti fr • i Georgia thinks that thu nnrmd-
ment will not cllbut tins object. I am of a
dill’crcnt opinion ; but we agree purfi'dly as
to the justice uf securing thu payment of tho
money to those for vviioin il is iutuiidcd.
Thu gcntlotnan supposes that tlio S» ante
will adhere to its amumhnunt. hut they up-
pomb'd a Comoiittuo of Couferrcnct , and
when that commiUco got thu ultimat'iin of
the House, they reported it to tho Honato,
and the Scnntu, hv a large majority, agreed
to accept of it. If wo shall now reject the
report, wo shall rujuet tho proposition of
our ov\ n conforooBjto which tho t?«.uutn liave
acceded.
There may havo been, ns tho gentleman
holiC' i H, a *«ij 'end..us fraud contemplated
I an: not iu full pOBSMiiou « l t!ie facts oi tlio
case. It does not however, jppcnr
so very Hurpiismg, that two ndinn*, not
tlu’insidvuH inombiMS of tho Ci**e
the Clierokea nation, should demand tube
p ml for pi rfonriing the dutiuii of diploma-
lor the ( reeks. Tli?y are educated
men. coin|iet(mt to perf.irni tlin-u duties,
and they have performed them Have they
not a right to ask compensation ? \\
the nature and extent of the evidence ofthis
uni l I do confess that, on
other points connect* d witli this ul-
fair, my mind misgives mo; hut at to tlu so
dtee agents, did not war own diplomat-
•nts rec eivo .*$18,000 for tin ir services
pission to rnuko a treaty and have
these agents of tho t ie«d< nation no right to
stipulate for 0]5,003 2 When ihe .'ieerctn-
ry was urged to give a dnuoour to Ridge *V
Veen, he r.’j rted thu eii"gcntion, ee prn-
onorahlo course—and ui’ter-
wnnla, when lint Chiefs had been assem-
bled at his request, he made a speech to
tliuin, dissuading them from their intended
disposition of thu money. Tlu.ru aro n *
roumstanroH of concealment in the case.
The honor Jde geiitlomaii hue ms to suppose
that thmo was a dismer.nj—that i!« Hun-
tu, hy acoidont, disr.ornrtd thu trim statu
of tho matter—but tho IIousu has hoaid
that the? Secretary, so far from having uny
plan «>r purpose of any dumb.shim arrange
ment, disclosed tho whole of tlio la- Ls to thu
Chairman of the Committee of tins D ...m*
on Indian Adairs, and tins heroic thu ratifi
cation of thu irouty hy the iscnnto.
When tin* Indians appln d t • him to make
tho div ision of tho n
cording to a schedule luruiiiiud, iio told
them expressly, he had now power to do any
such Unrig, and inferred them to the thud
article of the treaty, iu support of tlio dec
laration. 11. ro whs nothing nut the most
open and upright conduct.
It tin* iIuUrtoshall refuse the report of
the Committee of Conference!, tho appro-
p.union unisi, of co irse, tall, and tlio trea
ty with it ; but, if tho ll m.-o shall assent
to it, ns the .Senate has already done, tho
money will ho sent,and the lieuty will bu
For more than a year prist, (said ho,) n
' iolt U and tun aai i torrrnt of a mse hat
been poumd on the tft.ato I represent—on
Georg,a, of which I am pi..mi to he, and
tyroiiounro rnxriGf, a eitiz< n and a native;
sci-rcts nrc now transniring. which nmslar-
rest the comsr of calumny and confound
the cidumnintor.*.
\ f hat has hemi the charge against Gcor
/:ia ? That she lias vehemently claimed
i lie honufil of a tlcalv alleged to he vitally
taint* (1 hy fraud and cortuption in the nego
tiators. \\ lo .H e lias this clinrgcorignatud,
<n win nep derived that weight and sanction
vvhi< h have afforded it a general currency,
tmdunlisted tin* loelmgn and the intr rests of
fo many m mpportiiig it hv calumny and
enforcing it hy invective ? From the Exc
eutivu Government of the United Status.
1 min this Gu\ r.rnmnnt, I say, whieli on the
: round of this charge, has even proee*.d»d
to the alarming extreme of procuring the
annulment of a t; nty whic h bad linen sol
cmnly ratified, /.mi whit is the important
secret so long held from light. A now prov •
doniiully ievealr-i to-day ? Why , that tins
K.reeutivn Govcrnnumt/negotiatim*.. not hy
intermediate ngonts, hut in its proper maj-
**si v,nnd hero, m ils own eapitul, has con
cluded a new and superseding treaty— Jins
recommended, hap strongly urged, has pro
cured ds ratification, knowing nmlTiropreH
smg that knowledge from Iu - world and
from the ratifying body, that the Indian no-
gotiatorsin this treaty, abominably corrupt
atrociously (perfidious, tr, an to t’iioir own
abandoned lust of gain, wero soiling the
people whom they icprcscntcd, and that
from tho Treasury of the U. Stat.-s was
to proceed the reward of perfidy, rfie girrti
ficution ef curt option. 8 > utter were thi
pci fid v ami corruption ofthe Indian negotia
tors, that they could no longer be consider
ed as representing thu people by whoru they
hurl been delegated, mid who were a thou
sand mil* b dispirit from thu scene of nego-
t.aii.m Of £'217.000, the price uf the ter
ritory ceded by llic Crocks in tli.s tr* aty,
tliusc* men had determined to appropriat
thcinsidvcfi ^150,000, leaving to the mass of
t!iu Crude people only $58,000.
But to prove i ii.it no suppression or
ccnlmouthufi been du«ignt*d,tli« t 'lunrinan ol
tlio Committee on Indian A flairs, having
been c alled on, lus just detailed to ua
ter .uion widen thu Fucrolnry at War, (odd
well him in relation to these trausa
voluntarily und I d'ru thu rntifientiun of
the tuuty Ah! but the .ill-material—the
only matoiial uinunislani-e—(but which
eousiiitijtua tho essoneo <if thu chargo now
urgfl I, w ^ < illilic Id bv ilo*. >< nretary fri
thu honorable Ghairm tn in this same n
vcrsati.iu. N« ! a sug ration was made
the honorable Chairman, by iliu H**rr**tn
of tlio profligate purpose of the Indian i
goti.ifors to appropriate to thetus* a ts
most the entiio price of the territory r.cdtd
.ntioin m tlm dreuglil. An.I what, iti'lue”
i* tlte extranrdinnry sjiertncle wlii. It now n(-
' rs itself? In tlio exereiRp nf some strart’e
and Anomalous power, nnk
l.tinstitiilinn an entire trinity, tin: - r tile pre-
lenen nf fraud, Iris heen utterly nltroetited,
nnrj behold,tlio self-sanie (P.vernne rit In
which tins d.irin.T net hits he. tt done, are nf
fertinjt the titmost sernplo tied deliesrv at
tmtehine tlte mere liirin nf n sinirle nrtielo
in another treat/, whon tlio purpose i« in
prevent the snecess nf a vile sod tleltle rate
(rand—of ndnninable trnaeherv Have I
been usinu nnv iimcnirmssophrisirv or suit-
tde infernnees ? N'o : nil tlmt I have said
e. "mildest ns day. Can nitv one deny .1 >
W ill any one deny it ? Does any one deny
it ? Mv siirre'ti flits me
Mr fOriSVTII IIMden few ohservatinns
in reply Mr im’l'iHT and Mr III It-
OE8,ia tlio eoiirsn of which let protestnd
nj’amst tlm agreement with these Indians
I): 111? rnllcd u treaty ; ami t|,nn?ht it was
somewhat extraordinary that thi, lions,
should mat"lost creator anxiety to godnl
the treaty innliin? powvi from encroach
men I than the .Senate, who. themselves
composed a part of that power.
Mr DM Kill r, in a short spenrlt, re
| ltt‘*lt" Mr Til, and further ex
plained the positions lie had before ta-
Mr. FORSYTH (by leave obtained;
ACimi addressed the Moose, nrinttipelly with
" v "’ w I" remarking, that, d'llns Ilnuae hail
known thu liiela of the ease s they i
hnew thrill, they would probably have
accepted the amendment of tl.i Senate.
Mi. DM Dili r uiiswereil to this remarh .
at tin Sen de err. 1 o, the preposition fd
tl:.' Mouse, after it knew the facts.
.Mr r.\ rr,\AU, snid, lie did net ri,t
to enter nt large into this (hsciissiun, „e m,
ipproxnrt.ltir.il of the el"- - oT the sessm"
would seen, to pret hide this
str-nc lit« fc.eling, worn, (.
slron?) did lie rise to give vent to them. In
tart, Itiseoflenjrm., who had first risen, find
rtdievod him from the rtcrossdv of the
;m.l Ins friend, v. Im lind SUM . sded him, hod,
in theunrst of his indip,inti .n ns n (jeor-
pitin, rendered mineeufsarv the other II.
lose siinplv r, explain w |,v he siinuld xi t.
tldlerernlj Ir.iui his colleague first alluded
ThiTsm
Mr. VV'ICc.Lll’FE, «»f Ken. agreed in
tho upinnni, that tlio 8oerot«»ry «»l \V;ir was
urn Giarg able with any improper conuucl
iu the toudiiuimg of tmsulluir , b it staled
facts, which went to slmw, that there had
been concealmout end unfair dealing on the
purl of Ridge and \ ami, as the propusui
mad*) hy th»*m Ibr a diM-*mn of the immuy,
according to a certain list Mubinilted by
them to tne Secretary, was i matter of sur
prise to Opotuleyoholo, tin* principle Creek
Chief, .vlt n he was told ot it ; and he de
Glared tlmt it bad been duue Without hi*
knowledge.
Mr. COCKE (Chairman of the Commit
tee on Indian Adarsj coutirip<*d th«* stute-
:uent made by Mr. DWIGH T, and nthtcd
tiiu i »“t i'>Of* tk*? im** v*evv hu ha.1
hy iho people whom they r* presented. Not
a hint was liituiMtod of the hlack list ofcoi-
ruptioii tins nioining cxtiihiied to our i*y» *
Nav,thu irtatemeht of tiiu hoiiorabh* Chair
man does most strongly support iho charge
of designed suppreM-i' ij. When the rsccre-
t.ary engaged iuiust If in couvr rsali in i-n
these transactions, with i gerib man who in
Homo sort the oificial ort.sn of tlm I louse on
Indian A trail's—\vh**u ho ovou uttered cer
tain rompluiritn against the Indiiin m g *tia-
totH, must not the intended embezzlement
hy tin so Chiefs— the most important cir
cumstance in the transactions—the nil ab
sorbing complaint against the clnefi, have
pr* sented its* If of nuc«ssity to the mind—
tije, nius? it not riave pres.-
to his view, and even attended
.uixions fueling ; How i» it possible, then,
that he should have avoided the Mention of
it, hut in coiiHcrpiunec of a prcdetciniinu-
Pon' Well, indeed, might tlm iiouorahlo
g»imluin.iu from T' rmcBsuu declare that, in
iIn* r •nmiunination of the Secretory, li<*
porcoivcd nought to excite Iiis suspicions,
»* nee in that communication, what was in
uocent only was disclosed—and what was
criminal was precisely that which was re-
t .incd. Ah to tiiu miserable Indian Chiefs,
they impudently attempted to make
G iverninuiit direct co-actors with thui
tha villainy they were perpetrating, by pro
curing a distribution to he made ot' ilia ini-
«piit'.*us plunder iu tlu* very office ofllie War
Di-paituicnt, b\ its oliicers, and under tli:
sail* ii'Ui of its stamp and hc.i1. 'I’lius wero
tlu* Indian people at home to be abused with
lli«: notion that tins division of tlio puce of
thu r territory was directed by thu Govern
ment here, and tliUBWcro they to hu over
awe! into an unquestioning submission to
it. Gould there lie e\ idvnccd morn deliber
ate and v.iikcd contrivance of Fraud r —
Fraud, did I say? Rise and det* stable
iron- liui) ! l x this in the nature of a fraud
committed ou ruhffeicnt or hostile persons ?
No ; hut - guilt) charged with the confidence
and ciitriuicd witli tiiu afi’.iira of
tiiousand miles distant, violate that
dunce and betray that trust, p
tlio extreme of muuun ba--cucss, s<*ll lor in
dividual gain —for a price paid to them
selves—that people to whom tlieir obliga
tion was of so lugfi and sacred a character.
What hcighllieus the str.ingciiuis und ag-
gravat- sthu iofony of tins extraordinary
transaction i-, that ludiuus who arc not even
ol' tlio Crook Feople—men o; thu Cherokee
tribe, ure to partn ipa.t* in this coirupt divih-
loti of the price of territory ceded hy the
Crocks.
.Such then, being the treachery ami cor
ruption of tin! Indian Agents who iiegoliu-
led tins treaty,und such ilu* coiumame ol
dm Executive Government horn at this
treachery uud corruption, such us guopre?-
moii of fuels, which, disclosed, would l».i\c
shocked tlm moral souse <*t all—w**ub;
have blasted the credit ot the supuitx oiug
treaty, with thu members of that body b;
which it wn■ to bo ivod oi - oiidf .»*"»
— what is tlio id'ia that piescnis itself .-imul-
tunuously to ai* ? 'Those v. ill) whom orig
iuutod all tile abuse and calumny ugi.tm*
«ieOrg a, i!m Adiuiuiatrutoii ot tin t •
ai Government are about to sutfoi the rucoi.
of their own unworthy invcnti*»ns. A d,i_
of roliibutiou—of dreadful rutubutioii, i-
coni '. i.yon ii.m.hil justnu returns it.
JjuIic I to thmr lips, who
"T
III* was ns confident as his colleague
could cm, that the fnulrst fraud had her
projwied hv s n—t, nf tin* imtividnsls <*nlhr •
thcoiselvRHa part of the Greek Delegate u.
arid tlmt it was known in the Dnpnrtmunt of
U ar hoturn the ratifimiiiun of tJic treaty
and was not communicated bv that Depart
rn. i-t to tin* Senate, cither bc/hreor during
the pendency of tlio consideration ol* the
treaty by that body.
Mr. I s:ii*l, he would not, limvovor, for
the re*as*'ns pint mentioned, dwell on this
ground, lint would proceed to stale, that he
w as in fin or of the amendment oflWed h>
th- ( I'liimittee of Conference, (and theiuin
he ill!}* i«d (V id his collengur) which, whilst
it would o(l«ctii.ally prevent the comniission
<»t the fraud intended, would)nIbo, nv<*id a
violation of the forms of *• the now treaty,”
asit was vtylod. He, indeed, denied that
tins was n treaty, and the law <*f the land,
so lar, at IoiihI, aa it w-iHgivled. He, indeed,
denied that this wun u treaty, and the law
of the land, bo far at least, a* it eonfli* te.l
wifhthu pi'«ivisio:s of tl»e or “old
treaty B t nr, saiii Jn», the Aaprnpr a-
lm:i bill, an ainend'iierit t*» w hich is now ih*
suhj«o*v of eotimieralinn, has for its object
tin- * \« * nlf i, of thin m-w nealy ; and. if it
be n«it for thu purpose, it i-x not"for uo I* git
imalt! purpose at all. Tlu* House has r«-
garded this Mih«!itulu for the McIntosh
Treaty as u Treaty, nud it cannot, tliere-
l°re, vmiIi proprit ii or « on i. tcticv, disre
gard its provisions ' | united with'my col
longue in voting ug.aiust ibis entire aptiro
pimimii hill, uud i would again do so. li'ne-
cessnry I tlunicd iii.it to be u tie itv. win li
rt,|l| t be ro regarded if thu appropriation
coutaioud in thu bill wero necessary nud
proj • r But, sir, wliou the question is, not
whether »ho imcunieni call* d a treaty, is
i treaty, hut whr’h r vvn are disposurl to
amend a bill previously determined upon
ro r *. . Itv IN I'll J I r he 1 THAT Ttu Al It IM
altogether a different thing. A? this slug.
**1 the matter, thu fa I is, on ail sales coticu-
ded. that this thing widen ih called a treaty,
is a treaty, nud that some lull, making un
appropriation to « xcuiite, it is incvitahie.—
'1 Ids being tlie ea-r*. no aim ndm*nt of that
• *ill c hi b<- made w Inch has a tendency lo a
disregard of the terms of such treaty. Our
• •hjert is to nrc vent the daring liaud winch
is merlitatcd ; but i coutend, that, in looking
to tint object, wc must bo governed by tlm
terms nf tin* treaty under which, mi l to a-
icute v hu h, tin* hill has boon framed. Wo
have no right to alter llioso terms. I deny
that tho Government bad u right to set aside
tin fust treaty. 'This uiy collcaguo also de
ni<-s ; arid Imw he can deny this, and yet
n>#ntain that tlio present treaty might be
”!’• r< <1 l.y Congress, 1 cannot undi rst md
It i* n«»t that I do not go as far as my < ol*
l -’igue. I go farttjri. 1 taty that this Gov-
uiuinunt not <j|ily ha** no ric.it lo nlt*:r at d •
away with a vvlmh* treaty, but 1 ulso say it
lias not a right to alter or expunge a single
1 word— a single h-tt* r. I do not moan to
• haign my colleague with inconsistency .-*•
I vvns not aw nu *<t Ins intctltiou lo intro
duce in-* motion, or of his objection to the
report ,i tho Committee of Conference, un
til after lie had risen to address tlio Chair.
1 have li ! no opportunity of heum.g ins
ftxphn.-it: ms. But it does seem to tne, sir,
■ i jus instrument i* i>j bo
regarded us a tieaty, it calinot be altered,
except by the consent of tho parties to it,
and not even then, if il conflicts with the
rt;-hts vested hv it in u third party. For mv
u'vn part, : .r ; 1 consider Goorgm ns liaviug
acquired vested rights under the first trua
ty—rights which the goueiul govermuont
corntitutienally could not, and, -uu*Iiug as
things now do, will imt, dare lo ton ii, or to
attempt to destroy. Jf, however, the strong
arm ol power shall be imscd against Ihe
rights of my native Stale- -if fi n o hIi.i!! In*
re-sorted to to prevent the • xci uliou of the
**ld treaty I, for un*-, shall bu ready (and
I .shall i»«*t be the only Georgian who wilt lie
ready to move in so indy a cause) to sh ml-
dot iny rnuskui t*> defend, at every l:a/.urd,
these rights, uud t** enforce this irejty —
However, sir, 1 will say nothing more on
i - point Wbon the time shall ain ve
il uv i r that dalk hour shall ainvo- -I trust
in God.I shiill b*.* pr* pared to act as cv*,rv
Georgian should act.
1 sin li give my vote f**r the umendineui
propose J by the ‘ ’
Mr. COOK, in a brief
thu moral utiuraclur oft...
t*‘i»iud tiial tne facts uferr. «l to nv thegon
• *i ii from Georgia were known uud con-
ceuletl by him.
Mr. i A FI NALL requoMted Mr. Cook
• ynid ih. Jloor lor a iii*»uient, ami staieu
it he li l w bu h bo held in his hand was
self, conclusive evidcncu of a corrupt ill-
• *iition to divide itie greater part« f tne mo-
iev Hiii.mg tlie tew persons mimed in it
n liiis list, diflcrom sums wtro written op
rii’.e tuo names of d.tfcrcut indiv inuuls.
•lie'll, tor instance, as tl.o follow lug : “ Jonn
^i.j,tih«y— Jv.v*pH Vauu. 'io.t'OO,'
h Mh Cbamkan, ami ns* Creak* ani'v
"larafoia, n..t enlillr>l t.. nnr ) T!,n
I. rt , .- ,r, " 1 - Inriian nn r.e,
«*tn h n, n ' 1 ' ""‘'"'P' “• p’m," iV',
00, Ar. Ar I Ilia list, it, it ,m,rar«irt :l,f
norumrnts rrrrive,! rr,.m ,1,- Frrrrl.nv ,.f
bva:;F:::s.“’ , " cU ' u '
Mr. <’<10K rrnirnprl Th® SrrrrUrt
lia. I"-®" 1,4,1 tlmt lami w„ i r„" r
Ri.I.r .nH V„„„, hut fiail that he
cntild not consent to alh.tv „„ v M. t.rv,
,r"l.’r,l Ita.l hern ?ivfin them, a. I,atl l.t.’n
riistnmary from the fi'iindatiun of th® (J,, v .
rrtmirtit—ynt.tliis wnsni t tlie act of the
Secretary— I,® t..Id the Check n ,,,h.,„atl,,,.,
thntaiirh a ,» IlU |,| ho C ran:e,| then,,
ainl that they tiuclit pay It to Ride® nmt
Vann it tl,®v thought proper: but nn su-Il
7 ’ni,n S i„ivhi 1 .h„,®, u , incv , w :T;r;i: i :
il"l. it nn« m.t preaented „t ,he M ar De-
cr"^ Tr "‘" y e, ’ np "■
-dan. [Mr r.-Traxw. lure nfirr-d to
nni unirntr. i,r„| Air. (' a, kunwIrilni d ,hi,t
i> tlu.,M,t„ u | ar | lC , 1 „ ( | heen under a mis-
lak ‘'] Oui, :Imi, s li tlm nrupoBiti.’ii P,r n
r;<**i inn ul' tl, had be, „
ma"®, it had twin Oasenled o; „nd iIuh,
tlmrefnre, l.x-duo itnmnr.l eharpe nn ll,7
Serrutarv nr ih,. Adminidn'i,,,, Th®
I renfy foo stipulated that llw money m*-n-
t”’i” d altllll Im paid “ to the , „i, fa . u d w „ r .
rinrx — ivla 'la r , v ® can alfri l.ai ar no”t-
u, 11, ia I f. a,• ia ;, very a. r.ra,,
*'Ut hf’UX’ver Ilu* qne«||o„ niitltl bo
"■ Krent itjnatie, to ihe
■at'"-) an.I Ua qo,. nun. "ta lo *av. n itliorr,
’ ‘ ltr |.r»” . ibuttha Dtparinumt hadron-
n « :t bu, f and
Ml MKRCI'.R. having beforo chi in
JT’" ‘"ohi; mil,e door, n«M ,i(),!rej«®d ifi®
"• " prenl pun had nroelnimed.
- Ao lo.iusi man's the nohleat vnrk of
. then, ...id Mr. Mim en, is James
Harbour enl.lled m onlocv. n „ !B
on earl h would more proudly scon, in rom-
mil. or to r.onranl u fraud, tin,u th, r.rc-< lit
Mmrduvol War. He bad v.,messed Ins
"ondi,''! all ,1,® relation, of ld„, pnbbc
and privaiu—m peaeo and in Wnr-in tho
tdteil field, hr,mail, sullrv skies-in
tli ad ol >\inler, aioidil frost und snows-ns
l.’.vermir, l®c’i-litor. soldier, and ritiren „r
A purer or more | atriotie hesit
Hi.xo los. beats noi in til” breast of man. If
18 "" ''S'" ' ■■"fi"', "md Mr M in a riesulto-
n rinhato ut tlm verv close of a lot,’-pro-
tract®,| session of Conors®,, lo insinuate
li V' 1 KU ' » « min ha«concealed, or r”„„,vod
n'tlie rutuinissioi, nf a " at,ipenrious fraud -
Mr. M. dcinud that Ilia Mouse is bound to
carry a trenlv intoafl'.icl, u|ii, 1. bail heen
neconaiod m eonemmnated hv fiaud.—
* fl,vp Ih'* of til® pr.sant trealv, nnd ha
'Voul.l rr_\sid i’ with as little respect n. tl.s
Id.',id, shaut il.at ha bald in Ida band, [lea®,
me it und easting it on tbe floor ] Such a
tn sty, considered ns u privala contract,.’
would h® in law, not merely voidable, hut
void. Void, ah initio. Do should bo r®
Raul I ha treaty of tbe Indian Korincs, ijf
mad® ttuk incompatent persons, wbcil.er
fraudulently or not Had it becu aubiniliod
to ib,s Ho,,..® for an appropriation, with sut.’
islaetory evidence that tlm Indian ncsolia
tors wero dcsi ii ul® of authority to mal ® it,
lie would not bine voted u etnt lo give to il
efleut.
So would bo decide it r. lation lo thi*'
treat r, il ,t wet* or could be proved, that
Intudulcht means bad been employed fi„
its rati heat ion. But where is the evideiire
of sueli fraud f Does any contcalmcni
unrl, this Irnuant lion ? The fact unpoai ,1
In warrant the insinuation which baa been
rnuit., i» stamped on the verv face of iho
trunty. M'hal says its third article?
Iinmediuli’ly ..iter the r.iiificaii.in ot th .
1 ’’ aiy, the United State® „ ? cee I pay m ih„
t In,-I® of the said ,\afioa ilo sum o’ iwalinn-
ri" .1 and event’ cn ih.aimnd an sis I
•aril’irx, In he divided among tha Chiefs and
" ,r I..rs Ol the - d Nation."
Shall he immediately paid lo whom i
The Cniiifs assembled here assorted that
they had authority to rs-rivo the stipulated'
eoiiMdctilion Is that authority doubted or
denied ? It reals,as they truly say. on the
same evidence with tlieii unquestioned'
poWci to treat at ull Their tuh;,quini
HRipOMiem, auiongllieniseli ee,r. lutue to tho
d:.« tuition of a | art of the consideration,
constitutes no fink of the preceding nego-c
t, ■> -a . no feature of tlio treaty itself It m
im ir separate and independent act, for
will. I, they are responsible,not in tlm fi C e-
rol.iry of War, or to u«, but lo thuse fot
whom they wero deputed to treat Is iho
See, Clary of War bound—Ims ha the potv-
cr to follow these Chiefs to ihur native
wilds III Older to execute ilmir laws, to
enforce among themselves tlieir own dia
toms, to control them in the final d.sirihii-
:ion of lh« money, wi h winch they .uu cu-
(rtistad by tlieir uatiun
Il this treaty bu valid, tlie appropriation
w hich we make should conform to its pro
xisions. If fraudulent nnd void, no iippin
pnutmu ttliaisouvir should b® made.
Ilad mu tieoty bean silent as to the part
of llie consideration which the Chiefs pijx
posed to distribute, before ihoir departure ;
hml thu ram been secretly promised ; bad
il been proposed socrcily to pay il, so as m
screen thu receivers from all responsibility
to ibe Chiefs and M'arriors ofllie Creek
nation; there wnulu, indeed, be some
ground for tlm inipututino uf fiaud. On tiiisr
aoiijo: t, altliougli negative proof esnnot ho
required, wu mo happily furnished with the
hiybest ■ xi ulpamry testimony. A Scuutor
from .Missouri, of distinguished abilities en
titled, it need scarcely bu added,lo the high
est i re.lit—ii gentleman thoroughly acquain
ted wnb tile* progress of the entire negotiitr
tmu, hail voluntarily coumiunicatcd to Mi.
M — Lh.i- Same geiillsmaricxelaunud aloud
that .Mr. Ill sio.x bad so iiifijimed the .^iir
ate J llr .M proceeded—He bad no right
lie said, to uuvc.i to «hat Ihe honorable
rh litttor bad said in his plai e, lo the bodv of
to refer, fir purpi scs of public juatici
Ins personal assiiraucoto nuuselj, ifia,
ihe jiari I ifiu aaercturjr of tVar, tins i
ty bud been > undue,ed ull the fairest
uio-l hou ,ruble prmeiplca
It would, indeed, luitosh matter of
ptise, ii, wiiiie ruuo.r nad denied to
outrelai) any aliaie ul'tredu lij»- th,.
*»uit "l tl*m uugoiution. llic fiaud to u|
it Hctins nu*v iu hc d»i r.l»* (J,<Iiuui*i In m
ti n *u nun 1! tin* in* r*t *>t buuuuhh beai
'nod lo o.ber gt mit meu, iio bhuuiu at i
Ut acquitted ol’ biauio.
t lio oRB.VKLit bare questioned vvh
er Mr ,M was ui order J
l.’twas nmuiod.rao.od, Mr. M. rep
oy the Chair, rte luma no ehirge o
ally Iiiuivmual Ha had nsut to quu
• luduulf, III,l to I uIlUClull
k Cliu s>F. AUER suul, no diur^e
*«w*n intuit*on tiiu fi>ocrvwtr) *it’ Wni.J
il ihi.uv, .*lr. .‘i. |»r * tc.ica,-ou I *.*
.t\erUn*l MU ii a elt&rgo ImbUucii i**. ui
**'*do. lint iho vievN win. li fiaa L«-tsu
ui oil >1 tin.' wli.*i« mi jm t, romicfirt *
• ; iiitvioiH ** mil .i:• noi nnavuiilo
•did lie ua* uni. .Mr M. sanJ, to iui)t*ii
A itu i* p.*rt
ol 4ni.fi