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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 discharged the duties and enjoyed the eni 'lumems of the appointment, at which time be was superceded bv the Executive, by the appointment of M II Hull Upon this petition a Mandamus nisi bus been issued, which the defendant's counsel Dow move to quash, and in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 ; fuUi»£ 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