The Georgia journal. (Milledgeville, Ga.) 1809-1847, February 16, 1829, Image 2

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Newspaper Page TextL CONGRESSIONAL. SI AIM AU i INDIA.N DEPREDATIONS House of Jhpresentalircs January i, 1829. The House went ii.ln Committee nf the VVhul- Mr. Condict in the Cbtur, on the Report of the Ceui'iiittee on Indian Affurs, adverse to the claims ofeertnin citizens of Oenrgis, for depreda lions committed by the Creek Indians. Mr. THOMPSON moved to reverse|the detis ion of the Committee, (which dee lares that ay further legislation on the subject of those claim • is inexpedient) by striking out the tvord inerpe dient, and inserting the word expedient. Mr.LUMPKIN said it nnsnnt Ills mtentini.tn eonsume (lie time of the committee ; he did not lise to enter upon the details of litis subject ; but whilst be made this declaration, lie would the more earnestly solicit the attention of ilte Com mittee to a fetv of the promi e nt features of (I subject now before them. It is a subject plain in itself, but has been mystified by reports, instrec lions, and legal opinions, until it has becom.- mi intricate and complicat'd, that it will n quirt great attention, rare, and time, on the pai l of this Committee, to comprehend the subject. Mr. Is. added, he did not Ih nk nor speak lightly of the intelligence of the House in making the re mark which he had done, in regard to tile neces s'.ty of attention. As n member nf the Committee on Indian A fairs, and at the same time a Representative of Georgia, the, claims of whose citizens are now be fore you, said Mr L I c.insider it my duty to state what has transpired in the Committee, in relation to this case. This subject was examin ed by the Committee at the last Session, with care and attention—it has been re-ex wnined at the present session. Four of the members of the Committee, finally, consented to the report now before you. which is adverse to the claims of tbo citizens of Georgia. Three of the Com initlec are decidedly of opinion that this repor does great injustice to the claimants, and are in favor of the substitute offered by my colleagu. [Gen. Thompson] which embraces the leading views of the minority of the ('ommillee. Mr. L. swiil lie would add, that he did not be lieve there was a solitary member of tho Coo. inltlee who would contend that ample and In I justice had been done lo all ilie claimants, rs in tended to lie provided for by the Treaty it the Indian Springs, in the year 1821 He said it w-n admitted that the indemnity in that Treaty >x tended to property destroyed, as well ns that which was earned away anil detained. By the treaty stipulations entered into a' that time, between the Commissioners of Gt orgia and the Creek nation, this sum of 250.009 tlnl lars was sei apart, to satisfy the just cl. tin citizens of Georgia, for depredations committed on their property by the Creek Indians ; and ilia justice might he done to both parties,it was mo tdally agreed that the claims should be ri fern d i the President of ihe Coiled Stales, whose deci sion should he final arid conclusive. Thisdecis ion has been had under circumstances which we object to. The President of the United Slates appointed an individual lo determine upon lliose claims, who e intelligence, integrity, and charac ter, is not questioned by anv one. But litis indi vidual acted under instructions from the Win Department, which we contend, compelled him to do injustice to many of his claimants Th Commissioner was not at lilu-i y to construe the agreement between Georgia and the Creek nation, with a view lo the loithliil fulfilment of tin agree Tnent. No; ho was confined to the in •(ructions under which he acted. All that we notv ask for the claimants, is, that a fair and full In anug may be a(Tirded them according lo the oiiginal agree ment. That some competent person may s t in judgment upon tlic-ir claims, tint mbarr.iBsed by legal opinions from the Attorney General, or commanding instructions from the War Depart ment. Let the decision be governed by the Treaty itself. Mr. L. said, he did not rise with a view of en tering at length upon the details of this subject For all that could he said on the subject, might now he found, tvilhin the walls of this House, in in a documentary or printed form ; to these doc uments he referred the committee. They would find instructions, legal opinions, memorial eor respondence, reports, and counter reports. While upon this subject. Mr. L. said lie would call the attention of the Commit! e to the labored argu- gument of the Attorney General of tho United States, which had been read He entertained a tery high respect for tile talents and Ipgal acquire meiits of that gentleman. But he, Mr. I. was under a mistake, if the opinion of the Attorney General, upon a subject relating to interest, gnov logout ofllte Ghent Treaty, would not be found to controvert his opinions as just l ead. Mr. I, said, with the few remarks submitted, he was content to leave the subject, under a full conviction, that whatever might lie necessary further to he said upon this subject, would be per formed by his colleagues, ami ‘ the uthi r gentle men of the Committee, whose opinions coincided with his own. Mr. CARSON rose, and advocated tile motion at length. Mr. THOMPSON, of Georgia, addressed Hie Chair as follows : Mr. Chairman : In the discussion nf the sub jeet now unde, consideration, I design tu trespass bill a very few moments on the patience of tins Committee. I presume an apologv is scarce y necessary for the commission of sueli a trespass If, however, any should be considered as due from me, it will be found in the duty which I owe to my constituents, many of whom are deeply interested in the question now p ndieg, and to whom a cirrect decision is very important. I know, Sir, that any effort on my pint to expose the errors which exist in the reqsonings and con elusion of tlic Committee on Indian Affairs, in their report upon the subject now under consid eration, will be utterly unavailing, unless we should be so fortunate us lo be honored ivi'.li the attention of the Committee. I therefore beg their attention for a f, w miniih s. Sir, the claims i t the citizans of G,or ia on Ihe Crei k Nation of Indians, for witch r now contend, and which we all. d^e u , e pmvidi d "o' by the Mealy of eighteen hundred and twenty one, made with the Creek Nation of Iodiuis may lie, as remarked by the genii, man from Nortii Carolina. [M«*. Carson] properly ilividnl into three classes. The first cl.ts- inch'd, s .11 claims founded upon the destruction, by the Creek Indians, of property which hid.mg' d >• citizens of Georgia, prior t o the act of Cm gre regulating trade and intercourse with Indian ti tle -, •passed in the year eighteen hundred and two. Tins as a class of claims, was cxcludi d, by tin instructions from tile secretary of IVar to th. Commissioner who was appointed to adjuca e the claims of citizens of Georgia, under (he trea ty before referred to. The second class includes a I Heidi founded on the increase of female slat e.. the pi op- rty of citizens of G'orgis, taken and i lined away by the Creek Indians, prior to tht passage "f the Act of Congress lo which I have already iliided And the thinl class is a ,1dm •ig.'.insl Ihe Creek Indians for the allowance > f a ".sonable per cent, interest on the amount of money which has been, or liertaf.Vr may be, roasidered as fairly and eq,dial.lv due from the Creek Indians to citizens of Georgia, mid, r the provisi ins ul Ihe treaty of'it, as a just indemnity 7,8.* ^ H-'id Indians, nf the value •d the P'operiy so by i iem wrongfully destroyed by the Commissioner adverse to tbo claim foi property destroy, d by the. Indians, they are there- not called upon to expiess an opinion as to for the correctness of such a decision. Sir, it does seem 'o me,that the Committee on Indian Affairs, if they will take the trouble lo re-examine the in-tinotions under which the Commissioner who adjudicated these claims acted, they will find that tho construction obviously intend, d to be given to those instructions, compelled the Commision- ec to exclude all claims founded on the destruction of properly. I will direct the attention of the Committee to the letter of iiistinctions from the Secretary of War to General .Tames P. Preston, the Commis «ioner who was appointed to pass upon the claim io question. In the letter of instructions, the Secretary of War tells the Commissioner, that “ the first point which will claim your (the Commisioners) atten tion is, what arc the description of claims which, on a fair and just construction, arc comprehended in the provisions of the treaty. To determine whirl), satisfactorily, it will he proper to consider, in th. first place, wnat are the deesription of claim- which, under such a construction, are clear not comprehended in its provisions.” The Secretary then enumerates the description of claims which, by his construction of the Treaty, are not rnmprelier.ded in its provisions; and in the enumeiation, includes “ all claims originating in depredations coromiltrd in a period of hostilities, nr previous thereto, if not provided for in (he Treaty which followed such hostilities and the Secretary adds, that “ the exclusion of th'. • class refits on a principle perfectly well established be tween civilized nations, and is believed to be equal ly applicable to Indian nations. In its application in this case, it will exclude all claims originating previous to tbe Treaty with the. Creek N .'. o , made at New York, the 7th August, 1759, except for slaves provided to he given up by the 3J arti cle of said Treaty : and those originating subse quent to ilie d tie thereof and previous to the 29th Jone. 1790, the date of the Treaty of Colerain, except for the pronerly provided to be given up in the Till article.” Now sir, as tile 3d article of the Treaty of N, »v York, and the 7lh article o the Treaty of Colerain, provided only for the surrender by the Indians of such property be longing to tho citizens of Georgia as wus then in (lie posessinn of Ihe Indians: and as the enumer ation in 'he Secretary's instructions to the Com missioner of i|)u desciiption of claims which, by «urh construction of the Treaty of 1S2I. were provid' d for by the latter Treaty, does not include lie class of claims founded upon the destruc tion of property, it is therefore clear that the S eretary intended that a construction should be givi-n by the Commissioner, to his instructions, which would exclude the class of claims founded upon the destruction of property. I will now proreed to shew, in (lie decisions of the Commis sinner, the eff, ct of the construction which the Se-retary of War evidently intended should be given in liis in-irnclions. By reference to the re port of the Commissioner, made on the 15th 'I irt h, 1822, showing bis decisions on the several < I iinH. presented for the adjudication, it will be een that many claims were, presented, which were founded upon the destruction by the Creek Irnli ms, of properly belonging to the citizens of Georgia. I will presi nt to this Committee a sin gle ease, to which I Invite the attention of the Committee >n Indian Affairs, us I am persuaded that lliry will agree with me, that, in lliis case, they have “ official information" upon which they could have ax pressed “ an opinion, as lo llit propriety of the decision ; ” and as they, in their icporl, express the opinion, that “the citizen, whose property may have been destroyed by the said Indians, is as much entitled under tbe piovisinns of the 4th article of the aforesaid Treaty (the Treaty of 1021) to indemnity, as if such property had been in existence, at the exe cution of said Treaty,” I therefore look with confidence, for the aid of the Committee on In- 'I'.in Affairs, in support of the class of claims, founded upon the destruction of property. Tlie case to which I will direct Ihe attention of 'lie committer, is Ihe claim of Stephens Willey, deceased, as reported by the Commissioner, one part of which was admitted as coming within 'lie rule of construction adopted in the instrue.- I oos O ' the balance of this claim, the Com iiiissioner makes this remark, “The remainder ■f the claim, as also of the preceding one of Mr, S. S. Willey, amounting together to $1,328 75,is rej' i t ,1. The treaty appears to contemplate no lodemnity for the properly destroyed, or for any '.tiler description than such as could be supposed 'o have been then In Hie nation.” Sir, I pre s oil,! that tliis committee are satisfied, that the instructions from tile Secretary of War authori- z <1 the derision of the Commissioner, which ex eluded claims founded upon the destruction of propel ty If so. all (hat is necessary is to show, that claims of this descripllon are provided for by (lie Treaty of 1881. If, I succeed in this, the committee will sustain the motion which I have had ihe honor to make. By refining to tho 4th article of the Treaty of 1821, (he committee will see that as a part of tile consideration for the ter ritory ceded by the Indians to the United States, tbe United States stipulated “ lo pay to the State uf Georgia whatever balance may be found due by the. Creek nation to tho citizens of said State, whenever the same shall he ascertained, in con formity with the reference made by the Commis sioners of Georgia, the Chiefs, Head men, and Warriors nf the Creek Nation, to be paid in five annual instalments, without interest, provided the same shall nut exceed the sum of two hundred and fifty thousand dollars, the Commissioners ex- eeuting to Ihe Creek Nation a full and final re li iquishment of all the claims of tile cilizens of Gc rgia, against (Un Creek Nation, for property i k n or destroyed prior to the act of Congress of ■ne thousand i ight hundred und two regulating 'he intercourse with tbe Indian tribes.” To this treaty is appended an agreement entered into on li day w in n the troaty was concluded, between (Ik- Commissioners on tbe part of Georgia, and the C iefs, Head Men, and Warriors ofthe Creek Noi"n, by which “all claims on either side, of whatever nature or kind, prior to tbe net of Con ti t-s of one thousand eight hundred and two, re gulation the intercourse with Ihe Indian tribes, with the ilucumenls in support of them, shall be n-.ferred t > the decision of Ihe President of the United Stnw‘9'” Sir, if an i,!)'"vajicc of indem nity for property destroyed, it,Is not c'cteinpla t"d by the contracting parties, why Wore the. Gcof- gia Commissioners required to execute to ttie Creek Nation a full and fnal relinquishment of alt claims of the citizens of Georgia against the Creek .Vatton fur property taken or destroyed? on) why the reference to the decision uf the President of the United States, of a It claims on either side, of whatever nature or kind'. 1 But, to nnke this p. int stronger, and the argument in f" nr of the allowance ofan indemnity for proper ty destroyed more conclusive, if possible, I will p. esent to the committee evidence, that a list of he claims ad nittrd, as well as those rejected by t Commissioner, was, by (tie Georgia Commis- preset,M d. pending Ihe nrgn,nation ; and ' tak V ejer- i ud- they ss of claims were provided , - . , "gfully el carried away. Them were ted by the President of the United Slat. " '.sed iy the opinion the Ai'orn v Genual Ths Cumimuee on Indian Affairs, while admit in their report, that the first c |,s urged oy 'he eitiz n. of G orgia for by the treaty of eighteen hundred and toen IV one, reject tile second and third clisses, as no coming within the provisions of that treaty They say, too, they can perceive nothing in the instructions under which the Commis ion,. r ac ted, which warranted an exclusion of the claims rounded on the destruction of property by the Creek Indians ; and that, as no specific casu has been presented, on which a decision was made formed the basis of the agreement which referred he claims to the decision of the President.— This I st, which was submitted to the Indian negotiators contained tbe claims against tile na tion foe pro 'er y destroyed by tile Creek Indians. I a n sorry I did not save myself ihe trouble of making an argument to the committee in support of the class of claims founded on tho destruction f property, by reading the memorial of the Le gislature of Georgia addressed to tbe President *f the United States which urges a nuteli Kiore ible argument than I mil capable of making on lie subject r ecially us I must draw IVum that do,-nine: t the evidence which I propose to pre sent lo the Committee in support nf the assertion, that « list of (he claims admitted, as w> II as those fled by the Conimis-ioner, in. lulling claims fu-tided "II (III) destruction of prupei ty by tbe Indians, wus presented to the Indian negotiators pending the negotiation, and, therefore, formed the basis of the agreement, which referred the claims nf the citizens of Georgia to the decision of the President. 1 fear I shall weary the paticnct- of the Committee, but my duty compels roe to prosecute and support the interest ofuiy constitu ents. 'flu! memorial to which I have allud'd, the Committee will find in the 4th vol. State or Executive Papers, uf 1st Session, 20th Cungrt se No. 185. In this memorial, the L<-gislatur< of Georgia say “ The claims of the citizens of Georgia has been registered under the laws of the State. A list, prepared by authority of its Executive, was furnished to the Georgia Commissioners ; was exhibited by them as a particular of their d roand, and was surrendered as an evidence • what was released to the Indian Chiefs at th close of the negotiation. It amounted to a sum. which may be slated, in round numbers, at 280 000 dollars.” The Legislature of Georgia say, in this mem orial, “ That it was not Ihe intention of the contrac ting parties to confer on the President ofthe Uni ted Stales the right to exclude eny of the cl’ims ofthe ciiiz ns of Georgia, as a class, except those occurring after tho act of Congress of the yea 1802 ;th«t the obvious in'ention of these parlie was to invest him with authority to examine and dcriderach individual claim with reference to th, proof of it. The controversy between the Cum missioners of Georgia a. d the chiefs, warriors and head men of the Creek Nation, regarded the proof ofthe claims, a list of which was. xhih- iled, and not the question, whether those claims, if proved, should be allowed.” Sir, this memorial u as adopted by a unanim ous vote of the Legislature of O'O gia, vviisdiily certified, and sanctioned by tbe Executive uf that State. Therefore, the evidence which L thcrei' exhibited, is not only ofthe higiest order, but tin conclusion of the Legislature as lo the power with which tbe President of the United States, was intended by the contracting partus to invested, in reference to the claims of tin ritizen- of Georgia against the Creek nation nf Indians, will, I confidently trust, lie sustained by this rum mittee. Sir, I deem it unnecessncy for me to urge any additional arrgument in support of tin claims of the citizens of Georgia against the Creek nation of Indians, for property distroytd Ttie conclusion is unavoidable, that those claims are clearly embraced and prov ided for by the treaty of 1821. As to the increase of slave properly, that the citizen nf Georgia, whose female slave was taken and carried atvay, and detained by tin- Creek Indians prior to the act of Congress of tin year 180-2, regulating intercourse vvilh tbe Indi o tribes, is entitled to the. increase of such f. m .1 slaves, or to indemnity therefor, is so clear ihitl I srarsely kow how to approach the subject, with a view to an argument in support of tin- proposition. Sir, was the act which depi ived tin rightful owner of his female slave, a wrongful act? If so, and the owner had been left in th undisturbed possession of his female slave, wool, tie not have been entitled to possess her i icreas, ns bis rightful property. Ilnw Ihni can th* wrongful act of turn who disturbed the utvn.r’s rightful possession of the mother, entitled tin wrong doer to the issue of the mother. In an ac tion of trover and conversion for tbe recovery "l a female slave, who may have had issue after tb conversion, if the claimant prove hi, light of pi" perty in, with his right of possession of the mo ther, he Will recover the issue with the mother. The owner who had a property in the anticipated in crease of his female slave, is entitled lo all In benefits which would have resulted from a con tinued and undisturbed possession of such slan. Equity, therefore, with common sense and r»m mon justice, require that the claimant, whose fe male slave w*as taken by the Creek Indians and carried away should be indemnified for the loss of such issue as sorb slave may have had after her capture {Otherwise, (lie wrong-doer would derivi advantage from his own wrong Sir, similar argu ment may be properly urged in support ol ilo claim for interest on the. amount of money which may be considered ns equitably due from fu Creek Indians lo the citizens of Georgia, und.-r the provisions nf the treaty of 1821. The claim ants were rightfully e.ntitled to the property which was taken and destroyed by the Indians. By the. treaty and agreement of 1821, the India. - acknowledged that the depredations committed by them on the property of claimants was wrong —if so, then the claimants were entitled to im mediate restitution of, or indemnity for the prop erty so taken or destroyed. But, as the property was destroyed, ur taken, and not returned, jus lice requires that indemnity for the loss of tbe use of such property, or of its reasonable value, should be made to the rightful owner. Suppose one of the slaves taken or destroyed by the Indians thirty years ago, to have cost the claimant three hundred dollars; has the claimant sustained no injury by being deprived of the use of his property or its value in money, during a term of thirty years ? Was it no b* in lit lo tbe Indian to possess the slave, nr bisvalue in money, (luring that term oftime? If the claim ,nt was justly enlitled to a continued and undisturbed possession of his slave, if liy lying out of the use of his slave, o his value in money, he has been injured, which cannot be denied, justice requires that be should be indemnified by the allowai.ee of a reasonable per cent, interest on the amount of the valuation of his property so wrongfully taken or dustioy, ,1 by the Indiuns In the opinion reported to tile President adverse to the allowance of interest for which we now contend, the Attorney General ol the United Slates lays much stress on what In seems to think an extravagant medium valuation of slaves and horses, adopted by the Commis sioner who adjudicated Ihesa claims, and in aid of a very inconclusive argument, opposed to the allowance nf interest, lie thence draws the conclit sion, that the claim foi interest was intended lo be allowed and covered, by the alleged extrava gant valuation. If the Cuinmitec will turn to the instructions tinder which the claims were udjudi cuted, they will Und lliat this opinion nf tile At torney General impeaches the good sense and of ficial correctness and integrity ofthe Commis sioner ; of which none who are acquainted will, that gentlemen can for a moment doubt. Thai part of Ilia instructions of tint Secretary of War under which the Commissioner acted, when fix ing the valuu of property, which formed il.elo ni dation of the claims, is in these words; “When a claim is admitted, you will determine its ainoun by the value ofthe property at the time at which the right accrued to the claimant ajriuns pile Cm el, N iti' ii.” Thus the Commission,') iv.,s distinctly and imperatively instructed I" alt.', h to properly its equitable valuation, at the time restitution should have been made by Ihe Indians. It is Inconceivable that the Comnvsoioner, rcgardlesi of such exp!!"' 1 instruction", add, d to the intend ed vaitmJ'Vl t"> alIo«"’“' u cf inleiest on the amount of such valnttrW, 1 1 'f'e .' r KUHiept °* I* 11 Attorney General is founJed i.l tru,..’, -8 Commissioner palpably d'snbeyed his ius'ruc- tion". An idea, which his known character for official dexterity, correctness, and integrity for bid". The conclusion is therel'oi e forced up on us. that, in cbedience to bis instructions, In fixed upon the property such a valuation a- .be evidence adduced in support of the claims war ranted. Mr. WILDE, exji-essing hi< i itenlion to go into a full investigation of tile subject, but prof, ss ingat the same time, Ins unwillingness to roll,cl such an argument ,m the House, si this lat, hour, (it tvas past 9 o'clock,) moved that the Cummittee rise. The motion prevailed and the Committee thereupon ruse, reported progress, and had leave to sit again. [Mr. \VV. remarks Were published in our last.] January 22—In the Senate, today Mr. John son, of K* mucky, introduced a bill for allowing pensions, in some cases, to the widows nr chi! dron of pensioners, deceased- The decision of tile Senate unfavorable to the bill fur the relief of Jacob Clements was reconsidered and cummi'.led. Seveinl private hills were acted on and a short time was spent in the consideration of Executive busi ness; after which the Senate adjourned over to Monday. The House tesnmed tile consideration of the resolution, offered by Mr. Gurley, referring it to the Committee on the Public Lards to in quire into the expediency of granting 500,000 acres of land to the State of Louisiana, for the purpose of aiding the State in the construction of a canal, whi. h, after some discussion, was laid no the (aide. Tbe House then resulted itself in to Committee of the Whole on the stale of the Union, and icsumed the consideration Iff the bill for the preservation and repair of the Cumbe lard Road Mr Archer then spoke at s< me length against the bill, tn its original from, and in favor of the ainei dment ; and, when he sat down, Mr. Mercs:i, htained :he floor, liu- as it was abo t 3 o'clock, he made a successful motion tuat the Committee rise. Mr. Mercer, therefore, has the floor for Monday. A bill was reported by Mr. Hamilton to reg ulate the supply of forage foi the army. January 23—Th- Senate t'id not sit lo day. In the House of Renresentatives some discuss ion '■ ok pine en 'In- joint resolution reported by Mr. Wickliffe from Ihe Committee on Re trenchment. prohibiting the Use of the public sta tionary in transmitting pamphlet, packages, tor. not ordered to be pin,ted by Congiess. Mr. Storrs moved to amend tile resolution, by lim iting the quantity tu the value of ten dollars at every session ; but at the request of Mr. Vance, he wi'hdrew his proposition, when Mr Vance moved to amend by prohibiting the use of any public stationary t.y members „f Congress. On tliis question In-ask'd the ayes and noes, which were ordered, when Mr. Crmbreleno moved the indefinite postpom ment of ilie resolution, on which the ayes and noes were ordered. Tbe hour having elapsed before any question was ta ken, and the House reforing to suspend the rule, the discussion was arrested, and will be resumed to-day. The House then took up the subject of the Georgia claims, when the motion of Mr. Thompson. In ri verse the unfavorable report of Ihe Committee on Indian Affairs was rejected, and the repoit ofthe Committee was agreed to. The' ouse then, in C mmit'ee of Whole, acted on various prvate bills, which were ordered lo be engrossed and read a third time to-day. The •.ill to continue in force the provisions uf tho act aothorz'ng the Corporation of Washington to draw liittciies, was postponed ti'l Friday,to give time for some information asked fur by some members to he submitted tn the House. January id—The Senate did nut sit on Sat urday Iii ilie House of Representatives, the di cuss ion was renewed on the resolution reported by Mr Wickliffe fn m the Committee cn Ite- , trenehment, prohibiting the use ofthe public sta | tiorarv for the putting up of packages and pRtn ol I ts nut ordered lo lie printed by the House. Mr. Vance modified liis amendment, so ns to make it a prohibition r f stationary of every kind from the passage of thu resolution. Mr. Cam breleNo withdrew liis million for indefinite post ponemc I. in m d"r to give no opportunity to Mr Hamit, on the Chairman of the Retrenchment Committee, to move to lay tbe resolution on tile table, which motion lie accordingly made, slating, in explanation, that the sobj. rt matter contained in tlie resolution, would be emlii died in a bill about to be reported, to curtail the contingent ex pensrs of Ihe two Ilou-e'-; and as that bill would provoke ronsi’J, riilih debate, it would be econo mical t" bnve all the discussion at once The ninti m tn lay on Ihe table was carried in the af fbnniipv". Tin House then passed the various private bills which h d been act'd n he piec ding day. A motion made by Mr. Daniel, to rernno'der Ihe vote f Friday, by which Mr. T> ompson's proposition to reverse tbe report of the Committee on Indian affairs, on the claim- o' certain chizens of Georgia, vv ^- negatived, vv carried in the i fiirmative, and roe report of the C"miT,i'tep was ordered to belaid on Ihe tahle. The House then acted on a number of private bills io Committee of the Whole January 27—In the Senate, yesterday. Mr Holmes, elected a Senator from Maine, vice Mr. fARnis, resign'(1, appeared and took his scat Two or three hours were occupied in tile discus sion of private bills, and some time was spent in th" consideration of Executive business. The Select Committee to which was referred the bill for distributing a portion of the revenue ofthe United States among the several States, reported the bill with an amend" ent. In the House of Representatives yesterday, the petitions, two thirds of which were against the transportation and opening nf the mails on Sunday, occupied nearly an hour in their pres entation. Th, various bills ordered on Saturday to a third reading, were read a third time and passed, excepting a Rill for the relief of Richard Eopes. which, on a little opposition rising, was postponed, am! made tlie special order for to-day. The loll concerning the Supreme Court, which stood asthe. sp-cial order for yesterday was com mitted to the Committee of the whole on the State of Union, on motion of Mr. Mebceii. The House then resolved itselfintn Committee of tin- whole on the state of the Union, and after refus ing to lake up. on motion of Mr. Duncan, the bill for 111" graduation ofthe ptiblie lands, proceed ed to tlie consideration of tho hill for the preser vation and reoair of the Cumberland road. Mr. Mercer having been compelled by indisposi tion, yielded the floor to Mr Fort, who made some observations agains' the ami ndment, and was followed by i'll Barney, Io the samv vy Hospital Fund. . fleet Mr. Anderson of P'nnsylvania then obtained Ihe Ho- r, but before any observations were made, on bis motion the Committee rose. January 23—In the Senate, yesterday, several private hiils were acted upon. The Senate re fused, by a vote of seventeen to twenty one to go into the consideration of executive business. The bill for the relief of Thomas L. Wintbrnp and ollicrs, directors of an asso, iution, called the “Mississippi Lind Company,” was considered, and debated at length, by Mr. Seymour in favor of tlo- loll, and Mr. Iva.nf. in opposition to it. The llou"" of Representatives, after some preliminary hu ir'css, went into committee of the W ho! v oo the State of the Union, on thu hill for the p> ese. vation and repair ofthe Cumberland It' d when the committee was addressed by Mr. Anderson ,.f Pennsylvania in favor of the bill, and M" Ramsey ag-inst it and in favor of Ihe aitiendiii""i. M’ Stewart then spoke at some length in favor of bill, Mi" whe-Mr. Weems ob t.lined tile floor and the committee rose. The House yesterday adopted a resolution fixing tlie hour "f meeting after Tuesday next, at 1 I o'clock, instead of 12 o’clock. There ar< about thir y es hills of a private nature,repmted nt the last session, to he acted on, independently of Ihe hills nf a similar charae'er rc|i"i t d dicing the present si sion; and Mr. Whittlesey sta ted that he had been given to understand that any of t' is class of bills sent from the Hi use to the Senate after the firs' days of til next month would scarcely be acted on. J^nuaryZO—In the Senate. Jvsto’day.Mr.BER E!r ,,,. outice that he would, to-morrow, move that*the Se, fe pfcced to the consideration of Executive hois ness, 'i > bil1 ?" 1 ,h "' I izin < E 1 » Ml1 ” seiiption of stock; on the pan >" ’ lc United Stales, to the Louisville ami Portland Uatvi'l, fas discuss ed IV S. vers I hours, and ordered lo a thin. l ing. by a vole of 2 1 to 18. Io ihe llon-'e rff Representatives, yi sterduy, the discussion was n snood on the resolution offered by .Mr Weems, relative to the distribution of the public lauds ; but the hour having expired he- fore any question was taken. Ihe discussion was arrested. Several hill3 were then reported, from different Committees, and. among others, a hill making appropriati ins for Fortifications,and a bill from the Committee oo Retrenchment, relative to the compensation, mileage, at d allowance to Members of Congiess. The House then resolved ilselfin'o Committee ofthe Whole on the stale of Ilo Union, and resumed the consideration nf thelell for the preset va'i n and repair of the Cum barium! lioid. Mr Weems made some ubser rations against th- hill, ndm favor nf Ihe amend ment of Mr. Buchanan, and Mr. Smith of In ili.oia. spoke at some length on the oilier side. Mr. Mercer obtained the li ior for to-day, and Ihe Committee then rose. The Committee on Retrenchment hare report ed a bill which retrenches the pay and allowances to members of Congress. It will he found in our report of proceedings. It provides that for four- m nths'members shell he allowed their present pay, provided Congress should remain in session, and the mrmWcrt&all certify ttfct'thW bav«n*t 94#Toe |.'e acres ; in Indiana, 830,018,90 | 3 been absent fWm the seat ol government dut ng . ■-; ■ IllinoU. 9 <574,162 97 ae.es ; in Miclii- anyday when the House to which he belongs g n 1,219.»42 19 tines ; in Missouri, 4 313,216 mav have been in Be-siun. Should a session b' 82 a< re- ; ro A kan-as, 3.174.000 acres ; in Al- cre- ; making a loial of 25.015.742 89 acres; of which 1,219.303 80 acres are lands relinquish ed und' r the sen ml acts passed in the years 1822 1823, anil 1824. Subs- quent to ihe publication of this Synopsis, important grant" r.f public lands have been made by Congr- ss to the States u- Ohio, Illinois, Indi ana, &lc. [National Journal. may have been in se-sion. . protracted beyond four months, tbe per dum lo abama. 3,757,470 27 acres; in Mississippi, 1,- Itc reduced to two dollars a day. Stationeiy l 245 975 50 acres; and in Louisi.na, G65.0G4 12 a specified amount only is to be allowed : a reg illation is to be made with respect to the pay for mileage ; and no newspapers tube furnished on tbe public'account to members. It is difficult to determine how these proposi tions will be received ; but there is no difficulty in predicting that whenever they shall be submitted to be acted on in detail, they will gi»p rive lo a warm and lengthened discussion. The subject matter of the resolo'iun reported by Mr. Wicr- liffe is embraced in the bill ; and, judging from the excitement which was then produced, wi may be as mred that much feeling will lie display ed, and much time consumed, before the matter shall be finally d sposed of. January 30—In the Senate, yesterday, Mr, DoriLF.Y, elected a Senator from tbe StateofNevv- Yutk. was qualified and took his seat. Tlie hi authorizing a subscription nf stock, on the part of Ihe United States, to the Lonin iile and Port land Canal Company, was passed. The bill to authorize the several States to r< linqnish the six teenth sections granted fur the u- e of schools, and to ■ nter other sections in lieu thereof, produc'd much discussion. The bill was laid on the table, and the Senate proceedtd to the consideration of Executive buisness. In the House nt Representatives, the resolution offered by Mr. Weems, on the, subject of the dis trihution of the Public Lftid", which has lice, un der discussion for the tvfo preceedii g days, was laid on the table, on motion of Mr. Moore ol Alabama. After some other resolutions hail be i adupted. the House resumed, in Committee of the Whole on the Stale of tlie Union, tlie c.oiisid eration of the biil for the preservation and repair of the Cumberland Road. Mr Mercer being absent from indisposition, Mr. Buckner took ihe finor, in defence of the hill and in uppo ilion tu the amendment. He was followed by Mr. A Stevenson, tbe Speaker, who made a successful motion that Ihe Cummittee rise, and, rouse quently is entitled to the fluor when the Huns, shall resume the discussion. January 31—In the Senate, yesterday, Mr. Marks presented sundry n solutions uf the Irgis lature of Pennsylvania, instructing tlie Senators and requesting the Representatives ufthat State ii Congress, to endeavour to procure the abolition of slavery in the District of Columbia At hall past 12 the Senate proceeded to tlie eonsidera tion of Executive uusiness. In the House of Representatives yesterday soro short discussion took place on the preamble a ,1 resolutions offered by Mr. Taliaferro sotm days since, in relation to a change in tlie rules ol the House as regards the priority of business o the calendar. The resolutions were finally I,o' on the table. The other resolutions on the talil. were then taken up and agreed to. The iloi then passed to the special orders of (lie day, tl first of w.iich was the bill to continue in force i act to authorize ihe i ily of Washington to draw Lotterii s. Some discussion e i"u d upon this b I vtiirh was ppo-ed by Mr. Wickliffe, and Is by Mr. Sergeant, chiefly nn the giound of th. pernicious consequences to the public morals which W 'uld result from giving a l> gi.-lative sane tion to a species of gamlil ng so miaous, and manifestly on the increase The bill was th ■ recommitted to the Cummittee on the District of Colombia, with instructions to rp|i rt a pro vison prohibiting the sale of lottery tickets in the District. The II use then resumed the ci nsid eration ofthe hill for the relief of Harris and Far row, which) was not disposed of when the Ileus adj turned. About half an hour was consumed in a cull ul the House, a quorum not appearing at 11 o’clock, w hich was the hour to which the House wus ad jonrned. Mr. Hamilton reported yesterday, from the Committee on retrenchment, a Bill to organize a Board for the Settlement of claims against tlie Government, to increase the duties of the Attor ney General, and for other purposes. He stated it to he liis intention to move the consideration I of the B II, ns soon as it should be printed. February 2—The Senate did not sit on Satur day. In the House uf Representatives, a great mini her of resolutions were offered. The Hrujae Ihen resumed tile consideration uf the hill five t| 1() i e |j K f of Farrow and Harris, whose claim ia fi,,. a (,.,] anee due to them on the contract will) the go, eminent for the erection of tbe fortifications on Dauphin Island. After soD'ie. further discussioi , the bill for their relief vva j ordered to he engrn-s ed and read a third tin* ^ to day. When this lull was disposed of, the 'louse went into Cummittee of the Whole on four private bill", two of which wi re subsequently ordered to bo engrossed and read a thiri*. time to-day. and on the other two the Comr.ittee reported progress and obtain'd leave to git again, at the desire of gentlemen vvlm vvisheu for further time to make examination. A bill was reported from the Cumrait'ce on Nav.ii Affairs, making an appropriation in aid of the N Tuskaloosa, (A.) Jan. 24. The Senate nn yesterday, proceeded to the final adjudication and decision of the charges pre ferred by rt M. Kelly, E-q. against Judges S AF FORD. I'RENSH AW tk. WHITE-A resolution of the folio" ii g from In ing submitted fur run- sideration by M'. Perry, the member form Dal- I s, “ Iltsolvcd that it is the opinion of tlie State that the cliarg s preferred against Judges Whit,.’ S fiold and Crenshaw, by Win. Kelly, E-q. ar e n d sufficiently sustained t.y proof, to authorize an address to the Governor fur their removal. Resolved, 'hat it is inexpedient to take further notice of said charges.” On tlie consideration of the first resolution, a motion was made so In divide the question, as to lake til" sense of the Senate, in relation to Judge S fluid Whereupon, it was unanimously dtc'- deil, that the rliaigeg preferred against him, aro not sufficiently sustained ; In justify and warrant any f'rther proceedings lo lie had against liiifii. The question Ihen recurred nn the adoption "fth' forrgoing resolution, in reference to Judges Crenshaw & White and was determin'd by Ihe follow ing Vole in the a Hi-mative.— Ye s 15—Nays 5. Tbe second resolution was then adopted hv a vole "f 17 Aye —C Nays. Thus in the refusal of the Si nat - to vote, an addres" for the removal of'h Jndg's implicat'd, has terminated a ease, "hirh ’ as exeit.d a considerable portion of pub lican ntiun and produced s- me fe-ling. ESTATE OF NORTH CAROLINA, Citv of In tin* Supreme Court, Dec. Term, A. D 1R *s Krznnnah Picket nn.l otlx'n,, > ’ 1 \\ . , 5 ojiigtnal bill. Susannah Johns ami others, 5 Susannah Johns and others, ) „ v». S CROSS BILL. Keznnnnh Pickett and others ) A report hnvinjcbeen made l.y the Clerk, touching certain mat ters ot account here lore referred t<» him, and it appearing to tim court thatI Jepthn I h kett and l-aiah Pickett, two of the defen- dantsin ihe Tross Hill, reside t.eyond the limits of this State, to 'Mt. in the state nf tieovcin, and are not represented l>r any tou»- red that time lie allowed •i in of this court, to this City, on the 2d said report, or any ion lie then id IcRiali niid. Jepthn. And it is ordered that a ropy^jfTms WSpj,. P hidden in this court—It is ord I Isnip'i and Jepthn until the he Court-room in thet'apitol i rite inserted I »! (Jeorgla, •rdered that a tunes sucres-ively in tlu* Star and also for three times sue f ent of the State 'tl at the seat of (Jo JOHN L. HENDERSON, C. 8. C. C T.EORGI \, Tmtnnll county—ToJugttce N William Tipnins. greetimr—Whereas on the If?th day of ie with' ry hysieninc the case, ns s„ id Smith * innocent in said crime f«»rrery-T .er. fore! prav tFw - -- ■ • ■ ,ne,t ' myself from the l Therefore to jusii: you all cost in salt Slfned with my <>%> it voluntary wltl,«llhou, nny v w.nl or f,-„ r — the part ol said John II. Smith or any oilier person, tliis it»K ...... .. ..livvADDs lnw ' N Moolns hilxZrk. ■itmin'sANDS, Sr. iii, , mnrli. GEORGIA, Tattnall County—By Grory C. Tirplns, a inn. “'"I"' '".f 'tbl count'—pcr'oimlly cnim- More in,. John Samis r. wl.u 'iltiT ticii's ilulv- >wor„ sn.tl, |, e saw Irwio Moore sip, jtt™ Instrument of u riling as wrole in tlie snnu- ento forglv of tlie law i w uji>j t jmit, I w ill confess my faufhMiidV by Smith-. vitFiout >i i read inentj knows, and that said papt f,l 'su*m-n''',i"i'nfXr.i !!5 • „■>, J,mN SANDS, Ills x murk. Sworn to licfore me tins 22d April, 1828. T ATTVAf . rur-M-t-s. . . OEORGE V. TIPI-INS, J. P. PNALL COt N1 | tin hereby certify Ibis is n true roiiv ' I !!"■ ("fill'll i 1 and orixinaI confession of Irwin Moore tliis '.’Jill da^ofJannaty.a*. WILLIAM UUttRENCE. j! P To thr. /tr. People of Hulls County. V'NTAIS SPOUT RETREAT, Der.'lS, i As the subject of public lauds is about lo h,- cnine one of great moment, the following fn in relation to them may be considered as intern ing. We have made the extracts firm the ay nopsis contained in the collertion of the Lat tl Laws published by order of Csngres?, a vny valuable work, prepared, we believe, by the Cleti, of the House. It appears that withio the lu-u daries of the several States and Territories, th aggregate of public lands is 311,325,120 acre-, of which tlie qu"n! ; ty purchased by the United States is 258 377 G67 acres, and the amount nut yet ceded by the Indians is about 55.917.453 acres. To the 1st of January, 1826, thrre had been surveyed 138,938,221 titles, of which 19, 239 412 acres had been sold. The purchase mo ney paid lolhc same time, including interest ant! fui feifiires, was 31,345,008 73 ; and there vv t yet due 7,955,831 03. About a million ntay h added to this sum, paid for the lands sold to Ih. Ohio Company, to John Cli ves Sytnmeq hv attd at N - York and Pittsburgh prio to tlo opening of the Land offi'-es. Tin 1 36th of th. public lands appropriated to support eclt ol ■, a' special donations to colleges amount t„ 7.708 0GG acres, and 21.150,839 acres had It en | pruptin- ateil for military bounties, piivate cJ a j s and do nations. On the 1st day of January 1820, the quantity of land remaining unsold amounted to 210,278. 800 acres. The extent of land lying within ' e limits of the Unhed States, but u t embraced in the boundaries nf StntesandTei ilories, ts I'. h. 000,000 acres. The amount of money expend <1 on account of the public lands, includi g the purchase of Louisiana, the payment to tin Sla'e of Georgia and Yazoo scrip, on account nf in dian cessions, surveys and incidental expt r.s ■ to the 1st of January 1820, was 527,011 818 ; anil there was still due on account of the Florida I'.-u $5,000,000 Tin ?xpense of selling the 10,239,412 acres vvhici. have Sen disposed of, it eluding surveys amounts to P » n J 6-JAlbs per cent, on the total gales. The pub'tv. lands, t-.vluding Louisiana and Florida purchase, money, C 06 l per acr less titan 5 cents; and including Louisiana and Florida, 12 I 2 cents. TIip Indian lands alone cost only 3 and 147,IOOOdlhs cents nn acre The amount uf payment made by individuals for lands, and forfeited lo th>- United States, from Ihe opening of the Land Ofiires tu December 3|, 1821, was in Ohio $297 220 05 ; in Indiana, $-tti, 597 82 ; in Him,u- §18 165 05 ; in Miss. mi. $13,241 74 ; in Mississippi S76 SG2 59; in Al. hama, $66,218 24 : in Michigan. 5760 84 ; u a king a total of $503,G6G 83 To this are to It add -d, forfeitu.esinfotmalty reported in Alabama S22 069 -1); forfeitures accruing from sales in NewYotk in 1787. S2U 782 G5 ; and do. froo sales in Pittsburgh, in 1796, S525 94 ; making a grand total of $501,014 33. To make this abstract view perfect, we add the following information : The amount of stir veysof public lands received to January, 1826. and not vet proclaimed for side, j 3 j„ Ohio, 93, ■ pit (I a nm ' rn„ n mnnpj to pay tlic guard o,' (mini to tlo so. So Imp from iha\ l nrynhoutthree hundred dollarsan.l eivpdthefir . ey, it is true, out of Hank, for the purpose of pnyiug for rations s but" I drew it on n.y own responsibility, which 1 paid at inuturily. 2m!. t'l making usi' of nKinry unil that lit had no local heirs, \\ Inch is false. McIntosh liudmo wives nud about twenty five children, among whom were Cldlly nnd John s tliesu very snmrt, niul had I education, nnd did nil tho of making, wus considerable 3.1. Ol being tlie bailor of P. (J. Drown, Which is equally false ith the rest. I never t,uw him, nor never knew there wassuch f "lumpy of heaven, until I saw it published in the hich must have known more of him i, to my r Imiidhiil; tl (llrou ii) thfin I did, 4th. A letter directed to T.O. Co. (fl accountable for that, limn it I had been 1'ust master, it handed ii o A i the bile ni that letter I here was no Tost Office nearer than Alon tioello or Forsyth, nnd all the letters to persons near the Snrinc* " 7;d to my care. That did notntitliorisemc to opn^tbcu >rlay meliahlefor the contents ofthose letters. Then V.atthat time r.i'egedagainst Cochran, but when I found hewi ghl harder to bring him to justji than I did. All those ch _ 1, and I chnllengi bill 1 bevleve to have bet • pie, vote for whom v so'*—Nature lias should be so. I convinced I was ing the late war, Great Britain hould necessarily have be'eife investigation. The hand lilted on political prejudici, which ; oiici the Greatest liberties we have is p. i-e, ami no person ought to say - why do you lesigned us ail to see alike and it is right it as it is termed) w as a Clark man, but pi t K-f am always open to conviction. Dur- ng the ('reek nation, em- >, loaded with money, guns, ami amunitiou, toinaha'vk.4 ulpieg knives, who enticed the most influential Chiefs to and prophesy under the influence of the Great Spirit, orders were sent t* big Warrior to rai mand, to take up ;i tosh raised his met he (liken true rep Hero, Gen. Jacks. They were alw nv s befall uf the I eluding the nresen from O.tUumigee to signed the host lies idly "4 ln J. , !.t*.V ,c m*. on * nni * Proved successful a.... •ii. William McIntosh, by little Prince and Lite whole at the Warriors under his rniw- nnd fight a.gainst the Luited States. RlcJn- rtd of joining the Rriti«h, warriors and joined the. lin e w as receiv ed and foughtbravely. i out ofthe battle, A: proved successful. '*en. Ja ksou h id all those prophet-, Sofilit war put to death, and wrote a H* s where there is stipulation, hut sta- Jutiouol the I'uip tl Mnlesnnd the arti- itory. The ted agreeable to the Ct* cles of warfare, I demand 1 Constitution of the Tailed States expressly snysif anyii while or red take up arms and fight agninst the United States, they never shall clnini lmrown soilngain within the United States. I Ins was a w i»e article in the Constitution to prevent Tories cn- ONsing our landing points on the Sen-board, but the treat e went mi further to state W herens two thirds ofthe Creek natioi* have been Im-tde tu (he Limed States during the War, I therr- roredemand Iroin them the whole oltheir Territory,—hut where- as Gen. W iliam .McIntosh. ()lonietusl.ningee, Yeholomiceo and tlieir warriors, have been valiant Warriors, ic have fought hrave- vtuin limits i ies- of 1821 ard f» in he Treaty was k nation. T. Cliattnliouchie rive expressed n great wUhto hold f.v»u..v.. .Mrliitosli eiiiisentetl, and in the council they expiessed a great desireto r unite, .Mclnlosh toldlhem he could not.but would consult {lie President anil Secretory nt War. ami il tli no w as no object ion he had none, as they had been deluded by l.iNe prophet*. He went to Washington City, communicated their w isht.i ihe President and Secretory of War and received lor answer, " the land t hat w as granted to you nt Fort Jbckson, is your land, ami never shall lie taken aw ay from you ouiy by fair nnd equitable TrcfiDr through the United States and fora valua ble conMderathm. Know ing all these farts I believed the title of the nation In the friendly party, aud that the Treaty was fair.'v made. I louml a number ol our pnrly crying out fraud anil treachery, ami I thought il we got the land it would interest every citizen in Georgia,either directly or Indirectly ; and wiienevcr the interest of tlie Stale came i.. contact w ith tho party feejingii should yied.nnd that every citizen in Georgia ought to to the General Government, the land is ours, the Treaty itt ratified and become the supreme law of the land, ami we intend to hold it, bly il we must,” & cannot say it in morn ote for Troup Governor, and. A plain nnd distinct language under this view of the -ul i t did Iv ? for TROUP. . JOEL HAvyCV. IkJOTK'E. HI persons tire lirrrhy tor- in. l..S ri ,"‘ l D™ 1 " !™4l"gf"r tltree nnt.'S", lianUof til'.'follow- an'e givni l!. Vtn'."ilVrilian'o/tU-'-' V’'' As .i'.n s >'"' i 1 ""t' '' were tivcti on tIn' Ctlt ol Jammrv. 1829 "" Wlh 0 ember, 1829. 1 ' .trues bobitk. 7 own Lots for Sale in Talbotton, 'Talbot County ILL lio oiler,ul ler sale, on Thursday hack Inis T" 1 ? 1 'ulualvlc* (ront. corner and i.v tl... i!..'. i 1 * ie ,u ' v . n * ,n . s h_c*t*n made permanent - -.. made permanent King their lorttiue would do good bargains can be had. One-eighth by the last l.t well to attend H, paid iu udvaiice, three annual in m. w. pkhr’yV JOHN 1>. It L ACK MON WKI I K SHF.RAUD, pn the latter. fell lG-tds JOII>, B Y nn order of tlie Inferior court of L)o Kalh county, when silting for ordinary purposes, will be soid ou the firsi Tuesday in Alnv next, w ithin tlx* usual hours of sale, nt the r uirt-lmuM* t'ot.r in Walton coun'y, one lot i.| land known nnd rtfstingulshed in the plan of the Otli di*t of formerly Henry now Walton county,b> No 373. being the real estate oYtle orphans ol James L. Perry, t!< 'd. Sold for the support ofTuhl orphans. SIMEON SMITH, Guardian, febrnarv Id—* D I'. lx VLB t.omitv, Georgia. lltisey M.ini'r, of the 4D8tli tll'l* (). M. ROMctl Iwrnre MereiMtlt Ci.lliiT, IH'WMrpfl nmre, 12 "r H rears olil, I t hnnils hiah. blaze in her foreln*a<l. white spot fimn her w ithers to her loin, a scaron the near ilmnUler. supposed to be svvinney, shod belore, il by Anion llcrriu nnd Kdwurd Sims, to 48 dollars, 2d February, 1321). r. muhphky, v. 1. v. T O the Inferior court of Putnam county, when sitting for ordinary purposes, application will be Talbert Brjunt, late of said c I'HhMAS JOHNSTON, Adm’i

Georgia Historic Newspapers

The Georgia journal. (Milledgeville, Ga.) 1809-1847, February 16, 1829, Image 2