Newspaper Page Text
INDIAN AFFAIRS.
/ iif.i the X. York Evening fast.
We publish below some additional docu
ments l'urmslhd by the Indian Hoard on tin
subject of tin* emigration of the Southern
Indians. The notion adopted by Rome, that
the government of the United States are u-
hout to compel those tribes to le ive thetr pre
sent resideuse, ts n very singular mistake,
founded no the most complete ignorance of
the subject; mid were it not for the murepre-
sentHtionR which have been circulated with
so much industry, would he altogether with
out un apology. The reverse of tins is the
act: It is the Chiefs who are taking mea
sures to compel the Indians to remain.
Department oe War,
Office of Indian IJfairs, |
22 J October, 1S29. )
Dear Sir: 1 utu favored with your letter
of the Illlli mst. I could have "had no oh
jection to your publislnn
my letter to the Editor of the Cherokee
I’Ikeiix in e/uinexion wi'li the documents
sent to you. As, however, it has been sent
hack tit coinpl.nnce with my reipiest, [ have
forwarded It to the Editor of the I’hoimx,
and hope it may he Useful toltim.
I enclose lien vvitlijiil ox'rnct from a letter
just received from one of two Agents ap
pointed by tiie (•overtime it to vnlue the nro-
perly of the Cherokee emigrants. it mil
this you will see to what a depth of ilegm-
■dnlinu these hapless people, (I lit nti ol
—for, it is absurd to hope for nn opposite ef
fect of the same cause. Hut let us not des
pair. Every great under! iking has always
imd its ditlteullies. Nothing of importance
was ever yi t nccomplishe.l without u strug-
gie. If we fail in saving the ludiaus, whilst
we shall (h plore their hue, we sh ill he happy
in the icfliclipu that we have do ic tdl we I
could do to avert it.
I urn at a loss to i omprrhend the import, or
hearing of the resolution of the American
Hoard of Count i-stoners for Foreign Mis
sions, adopted i.t \lhany. and 11s quoted by
you, viz :—“ The committee feel hound, on
this nren-um, to dee.lnre, that in their judg
ment, no Indians should In: compelled to leave
the lands which they derived from their an
cestors, of which they are in peaceable pos
sum, and which h iv c been guaranteed to them j
by Treaties.”
cd pretend‘to believe) that there is not land ItiaR, attempts were made to amend the con-
fit for cultivation except small slips on the stimtion. NN .thin the period of three years,
rivers and this subject to imiudnto ; that tmi- I af r the adoption ot tin present roiistituiion,
her mid water are veTy scarce, and the tal
ler not fit for use; and that the country is all
grown over with briar-. If nay man visits
the country, and on Ins return gives it a good
name and determines to emigrate, they im
pute to lam some had rflotive ; and if they
cannot persuade lain to abandon the idea
and lie is likely to get Ins Yieiuls anil neigh
bors to go with him, they threaten to have
him shot.”
A I.EGISLATFRK
IN SENATE.
Wednesday, Nnvcmher 2.*>.
The Senate, ugri eahly to order, took up
, , . . i i ,i „ i i the hill for the eall nf u convention to amend
I d i not question the phdamhtopic designs ^
.ms that it is in ;
After some discussion had taken pi ice, re-
compel” the Indians to lative to the particular time when the pen ile
Hut is there any inten- slinuld meet to express their views on the
_ . r.-. _ .. . .*i . „ ... e .. n
| ol this hoard. I believe their intention
| ns a hoard, are pure. Hut if this resulu-1
ns you wished, ,io " "‘T fll ' y
1 couteuiplutum lo '
h ave their lands
lion? I answer there is not—so far as the propriety of calling a convention
Executive is concerned, nor Inis such indi-!
cation been given by the Congress—and none
h is appeared among the people. Then the
resolution is un empty form. Hut it is fair
to infer the hoard believed what the r solution
implies. Then they are wholly mistaken.)
There is hut one intention entertained by the
for its object the adoption nf u new cn st :u-
lion, in preference to amendigg the old one,
imooutemplated by the hill under con i.h r.i
turn. In the explanation of Ins views, .Mr.
■ , . Sayre observed, that it was with extreme re-
)': V ' , . <; " m< ' tm . V " r ‘V."', , ."_ m m.’." r I hmtm.ee lie rose the present oeca-i.m.
Congress, and, as I helueve, hv the penp
and ill u is, to tan tkim, mid improve their
If this improvement requires that
they should change their local relations to
i . .. 111' the suite, it will endeavor to convince them
that sue'! a change is required, mid tiemg con
vinced, it is fair to presume they w ill agree to
change it. It is further intended to use all
fair mem s to enlighten the Indians upon a
subject of such deep importance to them. Hut
if, after all, they will not lie persuaded to re-
tnovt , they will lie ieft to take the conxeqnrn-
course as a ho.lv) arc sunk ; mi l with wlmt
severity the lash is proposed to he laid on
those who dure to tlunk, and net for them
selves !
for what I For daring to exercise an una
lienable pr vi'icge uf man, which guarantees
to him the right to seek Ids own luippimss
It will he sc ii frmn this reference to un
Agent appointed lo value the property of the
Bmigrnnts, with a view to pay them for it,
find that the people were dissatisfied, if
an attempt to alter the constitution is nii\
judication of dissatisfaction. We find, iIso,
til perusing l|ie history of our legislation, as
ii:auv a- forty six i fforts made, Wom the vrur
Mil to 1821, to amend lie coustitutinn;
an I should we rernr lo' the journals of till
liini-e, he presumed, iis many, it' not more,
would he found Hui in this house, in p .r-
tieular, forty-six have been made, in tin
course nf the before mentioned period, lie,
M S., would speak only of the attempts that
had 'been opt le, whether successful nr tlii-
s iee' S-fiil, Iront w hich circumstance his nr-
giimi nt arises. These attempts, whether
def ine I or not, he conceived, give u- tin
expression of public sentiment upm the suh-
j ei. Mud futiiisli pruuf of di--Mlisf.iction, mi
the part of the people, with the present con-
'•iin'iint, mid show tluit nil umiMulment was
desired, thr mgh the m 'dmtn ol t'leir repre-
sen'atatives To bring this m .tier fairly
i.iio v evv, wc have reeiirreuce again to
the inufnals, mid discover nine more at-
Mr.SAYKR ruse anil proposed ai) amend-' " v,,le , l ° " l " r some pari of the
■at to the lull before the eornmittie, h.vug r '*' slllutio.i, since tt.nt p'rm.l, mi, king in
the wl’.olr* uutiiIkt without taUiui: mtn
nmsifh iMtioM tin? uttcuipts much* in the oilier
hrniti.'lt, which diil not live Imur mioiiuIi, to
coim 1 info the Semite. Is out this an « vi-
denoe of di ' itisfieLion on tin* pari of tin
pouplc ? Is tin any hettir i riti'rion ol pub
lic - ♦ * i»11 i * i * *: 11, than this ? 11’ the people won
coni** itcd with tin* present e.o istitution, he
istitu'ion, only so fir as rej-peetg tie
lative d p.irtnieiit of the government.
self; ho conehided by hoping that the n-
inembnent lie bad proposed, would meet
with tlie concnrri*' C« « f le Spuulr.
Mr. WATSON roMe,aMli»b*»-rved f tint i:
cmicuir* ii(*e with the otlf'inan Imn l*nt-
natll, he hoped tile jn otleilKIII trolll l* ! 'Vetti
won! I withdrew his motion, lie, Mr. W .
was tin advoc ite tor a limited convent o.i
and lie conceived it difficult, unless w e sboiil-
enter in detail upon the m- rits ot the hill, to
ascertain the views of the committee. He,
Mr. \V , was disposed in amend the bill by
the ins. rtioii ot a provision, which would se
cure the rights ol the sm ill counties, and lie
presumed, in-cl the views of the c«»i»tleifi:in
from l ayetle. lie, Mr W , was an advocate
for plaei -r m tie* senate a eoiitrolliotr power,
a il tlnu pre.-erve the mj*Ii1s of th^ Hiiudl
con ‘ties. Hence,
tho eommitfee, h
provision tu that efe el. lie was disposed to
pass this h.ll, provided we mold do it under
certain re«frictioi s ; ai-d to i if ct that pur
pose, fie he! dm vn up this or »V!sioM,
which read follows 11 Provided si .‘•hall be a
fundamental artifle in the amendments so
adopted, that the leirislnture shall he com
posed of a senate ami house nf representa
tives, Mild that the seUAti >hidl be so ornmiiyed
as. to represe it the corporate powers of the
con ii tif s, without n trar I to population, and
iliat ii‘ Keiia'orial hstriets be adopted, they
jeet of which was to suppres debate, mid,
hereby, prevent an investigation of the sub-
t hot the Government is just. It not only iue- , r .... , . ,
i | ccs of such refusal—what these me, any man
ditat s tin purpose ot (Int'tn» tlie^e people | . , , • , .
- i ., . .. may see who will a lance Ins eve over whole
It. hut cliei- * /ni l , .
tracts ol eountrv once tilled with an Indian
population ; and over others about to feel the
1 III’ liHIMII DWtlDI IHTHUNU I 1 ..,/•./•
. . , . , , .1 ei last pressure of an Indian s foot forever,
mil lo know it, that the feel | . . ’ . .
. I ...I ! II the liitlian* resolve tn romnin and 1
utl', n« it It nt been i hurgeil upon
i.-hes tmv.mls them it feeling justice, ami
liberality. The Imltatt lm.ir>l kumv, beemtso |
they rfavt
ings nf the E.vecutive towards the Indian., , , , .. ,
i i i, the Rtorms, anil lake the conseuiienceR ru such
lire those ot the nio.t |ifiteci kindness. Itt-| ‘ .. , , 1 ,
\ n Inctmiee. Raid Mr, S., growing out of die
| peculiar situation in which he stood i.i rel i-
tioti to many of the memhers of the eonoait-
I tee ; those in partienhir who w, re his seniors
I in age, wisdom, and experience—and it u is,
| said Mr. S., with a degree of dilTt lenee, be
coming his munition, that In Imd the honor
of Riihmilting the iiiuetidmeut to the coesi-
derution id' the committee, lie felt, on nil
ocensions, said Mr. S., tinwillmg lo interfere
with the motions or actions of his fellow etti-
zciih, and particularly when a lull of such
importance to the community, h i I h ’en in
troduced by the linnornhle melnhei from i’nt-
iiam, with whom he most h trill, eoaem red,
to n lution to the amendin' nl ot' the
brave
much to he regritted, that erromtuus impres
sions shoal I be Hindi! on the public inm I on
any subject, hut especially on tins. The In
dians are the stift’.a'erd by it. It is honora
ble to the Nation to cherish sympathies m
favor of this long injured race ; hut those
syuip itlues ought not to Im trifled with, or
misled—1 shuill I hope, nav, 1 believe they
have not been, intentionally. H it the elfects
upon the Indians arc the same as if the mis
chief hud been by design. Why can we not
cone -iveil, that no attempt would he made to
alti r (me feature of it Hill when xve look
into the ennstitut hi, mid compare, i' with tin
jounials, we find that some time nr other, on
runt" (lav, or during some session, that ru
th Ivors have been made to filler ditto ' evert
part of it, so that in e.'sn tlui"e efforts hud
In en successful, the constitution would linvi
I i en eomplelidy munl.ated or have tt.i.h i -
one uluiost un i mire r!m g", a d those at
tempts to alter th" cn istimtroM, were not
made hv interested and (hs iflccted partiz in-,
who were di-posed to iulrodue.e confusion
-t In-? 1 " I disorder, hut hv thmpeopl. themselves,
Mr. LAM\R rose and observed, that he
i mild offer a lew remarks in reply to the
•i i tlcmitii Irnm llaiicock.
He, Mr. I... intended to lie brief upon the
■ abject, as he had none of that peculiar fac-
dtv of conveying his ideas which distin
guished some of the gentlemen of the Sen
ate. He, Mr. L., was lecidcdly ii, favor of
a limited convention, fiivested with powers
express, definite, and distinct, having tin oli-
j i't for which the rnnteutinii si mild he cal
led cleai ly s|a (' fn d. He had liiinsi If detect
ed no disposition mi the pari ol the people
fir a general convention, ns had been die-
covi red hv tin gc'illcmiiii from llnncnck.
since the fill w s lnnore lie, Mr. I,., Imd not discovered that the peo-
Iful Imstilv sketched a • p|,. were dissalislied or discoeteuted with nnv
other part rtf the present constitution than
those two winch Imd been specified. He
had perieived as vet no pi oof of tins dissat
isfaction, hut hid k very evidence to lie-
lii ve that no such discontent was prevalent.
The only testimony brought forwnnl in sup
port nf tins po- ition is, that which was ad
duced In the gentleiiinn from lluueoek, to
wit: that shortly i.l'ter the ndoptiotl of tho
constitution, v.iraims attempts were made to
alter, or rather to niniul the constitution,
and adopt a new one. Hilt he, Mr. I,., con-
shull he coii">n.f >, as fir as pr tetienhle, of reived lhat tin 1 very fact of a f. dure in tho
qual number of cimutii's, niul that such ' nttempt made, Wits n strong argument to
temerity, it will he for those who have
' couraged them to do so, to settle the question
I as well as they ntay, with the Indians, their
I own Coii*cieui'.es, and their Hod.
I Since writing the above, a letter has been
received from Hen Coffee, who, with <«’"• j 'oomher nf represe,.tutiv
|l irrnll, tin* prrsent («ovmior ot I «hih , shi ,i “ 1
1 wan in «lru 1<*(I fn in mnoiiir tbo (^In roUi
lion, nr tin* necnnsitv of ailuptin.nr ;i new onn.
Hi*, Mr. S., conceived that it w us ahsoluti Iv
necessary that the representation should he
curtailed. It had become so I irg. , so nu
merous a l.ody, that business could not I.7:
(lisp itched with that facility, th it correctness
and nceuraev, which the interests of the
omtniinity required, anil tvliii h > Hutaller
llhl "liable them
the
(’luff
w men urn
all c um; together as enlightened eilizm
Hilled to greater re-
I *pc it mid eoufidence. \ letter from such a
source, upon the sorts of influence exercised
hv tin; Chiefs of the Cherokee* over their
lirmhart, audeg iinming into the co nliMon of
our Red brothers, who are at so great a re-
movo from us in all things that enter into
our conceptions of greatness and goodness,
a id realizing their condition, minister to
tlieir relief I If the .welfare and future ex
istence nf these people i an In; shewn to con
sist in their removal, thou why not let them
go ! Whv encourigo the interested to fnis-
tr ito oa ■ of the kindest designs ever formed
towards them ! That tho great body of our
Indians desire to rein no is evident. Else
w hy should their Chiefs mid others, ns is
shown from unquestionable domuuoiils, rise
up and thus block up their unv by threats
and executions; hy fines, hv coaliscatioiiH,
uud bv punishment ? Hut let us not aban
don these people on account of llirsti acts.
The sight of such a prospect should impart
vigor to, and not relax, our ell’iris. There is
otic wav to save them from dying by their
Oica hands It is f#r the (aoneral Govern
ment. their nuntrul protector, mid gu irdmn,
to shield all who may desire to remove from
the vengeance of those who would compel
them to ,-t iy. Anri this, unless i am m s-
taken, will he done. Instead of t force he
ing a.ait, us his he.mi s:t erroneously said,
was to lie, lo deice these people ntv.tr, the
force will hare another, and in ire humane
object—nzt To protect stlcl| m 0house,
freely, to go, fro u li ifio. To thw men are
if it is adopted, it is lo hope ■, t!;ury wtl!
ho no ohjeftimi,
I think it is much to lie dephu. d lli.it this! plo and gnvurnnimi't of the United Stales w II
s'tojgot is so little ii'ider-laod; mid m ire s.) I allow the great body of the luihttns to be
that the only plan w inch can by possibility, dills dealt hv, especially when it is so clear
save the Indians I if there he a better, or m that they wish to cm grate ; and remain only
deed anyodi.r, ! have never seen ii] is op- from/cnr nf violence.
p is" I by gy > J moil who argue final ia a sue-1 These things doubtless have excite I ill the
cessfut apposition to it, consists the Indian's) feelings of the Executive a strong desire
prosperity ! One single gluticcai <>!» o might
he of use just now. Look at the Indi
them. Tue State urges not tlieirremev.il —
indeed great efforts Were Ilia In in Cungrek-
by R'presentatives cf this St ate to keep
away every sort of influence from operating
uooo tin* Indians within it, ten.ling in the
slightest dtgr i, to ilie.r euiigr.iiiou. There,
loo, tie v a.-, really comfortable. Thu Wy
andot!. are w il off'—awl most of them would
tntkogo.il u.t.zuns. It is fair to presume,:
therefore, tint th(-:c InihaiM are satisfied,
and will ri ai tin. Hut it is not so. They
are now, the I) In.rare. a.id Slii'vaeese,
Seeking for the ways an I menus to go; and
even the Wyan lolls, it is tin- tipi.nan of the
Ag mt, are inclined to go aUa ; a ; :d in live
yours, he hi lieves, there will not he one lu-
ili'in in Ohio ! Y.'hencn comes this 1 Of
f/^it unconquerable antipathy, I itu-wcr, of
thr red, to the near neighborhood of the
lahite man. A . I much of this arises from
th it conscious inferiority of which the former
is never, for a m utrnt relieved. It is tins,
together with their wants and necessities that
compels them to seek a freedom4’rom its do-
piessi.tg and li.-hem toning influences. Haw
hum me then is the plan of placing the Indi
ans without those influences, and going spir-
iti.ilv mi l g.'Hcrouslv to work, to elevate
th - r co.id tiou, n all ri spi els, and place
thorn by education and otiicrivuo, upon a
level with ourselves. Where is the wrong
in this design ? In 'what can ha detected the
evil to them, or any ho ly ! It is a change
answer the purposes eointr'iipl iti I lie its fra
mers. He, Mr. S. In lieved, from the present
circumstances of this country, that a new
constitution should he framed and .adopted ;
and he, Mr. S., believed alsnlhat it would ana.t
with the general approbation of the people ;
that if w ould lie eoiieiimiencc w ith their vii ws
and wishes, lie, Mr. 8., had been induct
to do. The ■ ii.1 iii object which he had in
., vie v, said Mr. S., in offering this am "iilua nt,
Old enlighten them upon the, great subject ol j , v „ l( .„. ,,,'urlu In- Ir I
l.o,r own interests. Every h.nly knows (.en. | |iy l||0 pi , op |, s nr t |„, ir Ho es, in
cuuvriitinn, in»r« mlnptcd lo lh«* prrsrnt jit*-
nilinr rircumstiiiMTs nt‘ tin* r.otinirv, ami v-ml
of fliosi* defects, ho olivimi-, mid* r tin* ;n -
...... .. sent c eistilufinji, winch, h.=i is iiresiipiMsrd
people, will, it is l.'.p'.I, ."''‘Vine.; nil persons, |)vtiif> Ih
that the charge nl in,-r prcseututuin imputed
to me. hy the editor nf the Hh.'rokee PIkcux,
wits gratuitous. It will open the eyes of the
publ should it be seen, to n correct view of
the real le. lings and situation of those most
improved Indians. This extract is marked
No. A, the other to which I have referred,
No. 1.
I am, Rev. Sir, with great respect and re
gard, your obedient servant,
TIIOS L. M('KENNEY.
To the Rev. Illi llaldwin, < atrrespoiiding
Secretary of the Indian Hoard, &■(:. N. York.
Extract of a letter nf the ilth alt. from das.
(S'. ISri lges, lisp one nf the agi nts appoint/ d
by the government to value the improver
ouats of the emigrating 1'herokees, With a
view to pay them in full for all they leave.
From these extracts additional proof is de
rived that force is attempted hy thu leading
Cherokee*, to compel their people, against
tltcir will, to remain in n country which they
desire to leave ; uud prevent their going to
another where they ure convinced their enn-
d.tinn will he bettered, uml their happiness
improved. These proceedings among the
Clutrokiics, nod those of :t more bloody sort,
wilt h h ivc ch tracterized the coaduet of the
Creeks, with a view to compel their people
to rcmn.lt, avotir of the rankest despotism.
It mm become a question Imw far III" pen
through the organ nf their Representatives,
w ho nre pre-uuie() to speak the sentiments of
the people of different counties. A llepr> -
>i" tiitive is presunu d to represent the inter
ests nf the eoTlritv ll'nlll tyhie.h he is deh g 0-
ed, and to >p> alt the feelings and w ishes nf
his const it in’I-ts.
lie, Mr. S. eitneeived, that this year, or ill
nixt, w as one ef th" iimM auspicious periods
in the his’ory of our gHverument for the te
vision anil antendipci I of I In- present, oi th
adoption ol a new constitution. The cris
vvhieli utu' cmiotry lies reach'd, lie In Ii-vi
i favor dile (ini', fm the prouiotiiin of ilie ill-
jeet intended hy the .-■ 11n udini lit he had th
ho nr of proposing. M\. have, said M . r
the helm of de (ieiierulGovernilieiit it man i
whom the Slates lit I irge repose the iiiii-l tin
pit it confi lenee, nnd who e ah htv, i itegntv,
mid uprightness of co nluc.t, i!t<- ill ijortv in tin -
St t e ure proud to ac \nowh'dge. ! I ulludeo
to the present tin uinhcnt of the Fresiileiitia•
eltatr. lie, Mr. S., believed that nnd 'i' th
present auiniui.-traii m, iheehiims of Georgi
would he respected, m d hat a spirit • f cqu,
ty vvowl I prevail in ri hitiou to In r Cherukci
to this belief from experience derived from claims; that justice would i vnutiinlly lie ad
various sources, particularly from an ex uni- ministered Inwards In r Therelore, he con
nntipn of the juiirnaU nf the senate. From ceiveil that no poorlu ti'y would occur more
‘ favorable than the present, to sit down calm
ly ami tlelihi'ralely, and frame ami adopt
such it eonatitutiii ', us w mid
(In-trietA shall he eoiupose.l of ermut
compaetlv situated ascot vioiie'ice w Ii dlow .”
He, Mr. W , helievi d th it tie representatimi
should lie rurmiled ; and in this cnrtn'lment,
he w shed to adopt the nrinciple of the ge i-
oral government, perm tting the small- r
/unities to r 'lain, in their cnr|»"rat(' cap'ic
tv, it check in the senate ; nod with regard
i tile representative hi-.tlieh, III' wits oi
pinion that it should he govenefl noT hy
iii’i'ila'ioM, and h" vas lisposi"! l.o co Hi ie the
ulies of this cntiv • 111iw i simr.lv to a reiote
lion of the ript;aeiitnlio'i --It imiv In ujind,
lid .Mr. 'V., Jin it the pi opl", v.dii'ii met in
nevention, ra'iitnt he eoiitroiled. True,
they can '(it have legal leslr.iiuts impost d
upon them ; bn , lie would usk any memliei ; |* Mr „ |
tins cominillee, if he emtl i not venture I ,.j•,, 1 ,,|
the indication there given, he believed, that
t- c good pconlr of ties stute were not sati-tied
with the present rnnstilulinu, stud he deemed
it requisite that a new constitution should hei happy, inure prosperous, more un ted, to ,
framed. This, said Mr. S., may lie tin win d. - wu could lie, u id r t h operation nt the p-
some clnctrine to litany ; hr, Mr. S., wa. il l sent coustitutinn. \\ ■ have too at th'-tinn
admit that it is; hut he does believe, that if a| !| t the helm of our State Government, a m i
general expression of public sentiment could in wlto-e wisdotn, iihiln v n 1 it ctitude o
he had, it would lie in favor of a new c msti- prit cqde, tlie mnj >rity ol Iht ci'izens repos
tion. WTint, said Mr. S., is the meaning of) hu onlirti enufidenee. \ man who has th
a constitution ? In the general acceptation purity tn preserve, the vigilance to watch
of the phrase, we menu nn ri-senihlngc of j and tlie energy to protect, the interests
those fir d nnental principles ot gov rnmentj unuy. » o ■■■ i us n «pcu, no p
wltieli const i: ii te the .supreme law of the la. id, [ riodi lie In lieve(, would art ive more lavoral.i'
le-igned to keep the several dep.irlmcnls (d and better e .Icidated t'
des of gov rnmentj | the community.
show that the people wi re not dissatisfied
with the present ennslitulion, generally; for
if the people wi re retillv ’.s -at sfied, ii, gon-
e p .d, as It i ' been ur;’( ' hy g o.tle non, u tn
the p'csPHt constitutiou, it would, loiigsinee,
hove I ice , miiri.Y I, or ultu'islieil. Il would
usually he <: seovered, said Mr. L , licit R t -
| pr( Si litativi s were disposeil to hionl to* or
U' quicse in the w ede-s of ti
| that tile; Ii ive no ius;.n eim
' the wishes of the penpi: .
: Eepr
know w ha
had the pi
( ollslitutlo
Mr. L., as
I ItIVI
tv !
I pi
desired
would II
tin
nor ciiiistituents,
' to go counter to
IF helievi d, that
i.ly bidicitons to
people most, untf
a ! i ration in the
been cflVcted —-
oils' ive I. was nn ndvocalo
v I'utun , having for .is prttt-
:lillt|ilisl
i , * ■ 11 .1 r ii hi
proceedings? ("for, it was in cv il w .'tic
lie entertained iim ap- I,, .||, 'I'here me I
wish, d
qua:!, no p
11 vise
government, the ixccutivc, legislative. antlM 1 '' old, or to form a new eoiislitutiou.—
judiciary, separate mid distinct ; to restrain There is another circumstance which fhoul-
the operations of each, within their prope-\ induce us to euihruee the present nppnriuui
houndiirics, and to set n laiid-niark to all in-j'.V. Me have the expen.iici ol -d
eroacluneut of the one upon the oilier. The
cons:itutiou draws the line of distinction he
's our
those
• .vn, to d.rect and
statci
dighteti
may be
tw "en them, poi its out tint powers expres.lv | "»"re in necnr hiitce with our ideas oi
granted to enc.lt, nnd restrain the , xere dfl repuhllcnnism, than tlmsc^ at present incur
protect those Indium? in the exercise of their
I free will—si) far from Hs bring intended to
' force the Indai'H off’, th y c'.ll for assist.ince
| to e able them to go.
i The extracts—•
'* The Indians it is said have hnd a talk at
Elijoy, a place up under the tn uiutain, where
they attempted tn puss many laws, hut wi
arc informed failed in then attempts. One
was to divide the nation —in which they fail
ed ; another lo cunli-cale all the property of
nnv one that would emigrate; another was
to fine any cni/ 'll will) should sell his Im
provements to emigraU—in which tin y seem
to have succeeded best, the flue is five hun
dred dollars—nnd to receive one hundred
lashe'.---this some nre rather inclined to be
lieve they will do."
“ Alexander Tut has just arrived nnd wants
to give up his co ttfioate. Ax have his name ta-
U it from the register, vvlt'.eh we refused ; he
says none of his connexions will go, «Y lie
will t,at g >. 'This is caused hv the inanv
threats that are making by those that ure uii-
frieud'iv to the etnigralion. If there enuld he
any nssurnm'.i; given to the emigrants that they
would he protected by the governp.tetit, it
vvoul.l he of great ttjv antage to ilte emigration
nt this time.”
“ Our old friend ’Tut tore up his certificate
iiU his way home.”
Tlntt these people he set nt liberty, the
He,u-riil Goversimtutl ouglit in our opinion to
r it id to their nid a suitable military Inrre—*
t a force to drive thr Indians off, hot to pro-
tliem, so that the line of distine^m shall not
he, on any occa-ion, tr.iiiHgresM d. \i.vr,
this supreme law uf the laud, is tlie sovereign
will of the people, and the principles whirl:
constitn'c it, are of so high and so transdeii-
(lent a character, that they cannot In contra
vened or impugned hv the exercise.of tin
usual functions of government, nnd tins con- j
slilutiimJor code nt' prill uples, w lien from a y
riiTnmslni.cc, whether front a change in tin j
aspect nf the country, or from any defect, oh- :
vimislv injurious to the commuiiHv, or wit
it becomes of s-jell A character as tn la qai
niueudmeiit, it is the duty of the people—
is thetr interest^ to niter or t olish it, and mi
their -
ituati.wi, nnd the rehitiimsl tect such hs i-lraiso frirjy to g
they hear t > a-’, forces upon the acceptance
of the humane. So nt least do I view it.
Tlta ( vid.mtge which I now forward, nod
that 'v it ch Inis preceded it, i rertuinly dt--
he:tr:i mug—for, if the sy-mp'tthics of ottr
people, poui'i'.l ia us lh"V nre upoiithe Imli-
, nns, la.lec.e their- h: t ling men to believe that
L tliev can live and prosper where they are; nnd
j it veult « view of maintaining power whic.lt
\ iiunvVr* view I -in, and to nt ike litei; ; tun
* (4 C'lVi-rninent more re-'n-rtohle, no t Inc' 1 *-
yi” V M ' 1 . nl.Mns, t!..-> are a.lowe l, hv coefis-
Citvo.ot tiro,a itj, ii, fi,K-s, and hv ou'iish-
i'V t”' t' 1 force thi r people lo , o.iuuu • when
. win*, th»,*, t’acr.. « *: remain no nl-
Extractor ii letter frmn (• m. John (folic
titutp a "ct one ttt its place. He, .Mr. S,,
- would nss'.'ittluiv the ciinstidition, in i! u: i.
-p et. to the eommim I nv . its piinciples, ti
tlie (irineipli s id the eoiuinou Inw. With IT
gurd to these, vt hen they lu'C.oiur injurious and
opprcSiive to the community, or the cou-
ktrorttmi of its principles Im coiics a at. r
ol dispute, the moment that general d .-sutis-
I’art'on prevails, with regard to thetr opera
lion on the rights and privileges of the indi- i
vuliei’is, or of the country, w hen it is tints I
i vidi lit to die people, un niter:.tion in the 1
eommim law immediately is required, oral
decision is made with respect to their pm| -l j
construction. here was another l ireuni i
stnntie, said Mr. 8., that he would advert to. j
in relit on to the ('(institution. If ite, Mr. .
was correctly informed, if he was i.ot ent .rel
ignorant of the circumstances ncco npauving
the ndoption of lies eonstitillion, itwaS nev r
Kiihmitted to the people. It was framed hv
di legates, nnd when formed hy the n, and
concurred in, it bet ante that moment obliga
tory on thV state, and the people hail no
l is.ht lo murmur, or complain, although H had
never been submitted to their consideration,
to ;he 8ecretm v of War, dated Oct. 14th, I nnd received their sanction. With rcsin-ct
I8'2IL " | toother states, if his information was correct, or mt it shall r. in ive their cminten.imtu am
" I am i"ihtepil to believe that it has been , their constitutions, vt lieu linmeil, were sub- ! sniiett.in. This feit'itr-' in the intendment
the studied purpose of the principal men to I milted to the people, tn receive their as.-enl,
or dissent. Hut the constitution nf this state
was declared to he the supreme law i f tin:
pointed in our constitution, nnd mure adapt
ed in the peculiar circumstances of our cii.i-
rlitimi. Surely then, uided hy the exper
euce of '21 of our sisU r States, who Itavi
hud nil (ipportunHV to te-t the plane pies h
a ha It they have le en gov. rued ; hav mg nl
•hoe ccustitutio s v loch have bee i l'rauie
■nid adopted wi:!.: inrecin. period, before it .
v e call select and cm' inly principles wi:; ,
n i.'ther constilultoit, m ire agree iljlo to "ie
i :■ as of Reptih'ie iiisnt, and ui'.re suit
ed lo the .ge ills of our State, th i tile o:
we at present hvi u h r. I t us look into
the consl'titliiHis of mtr sisti r States, vvliiei-
hive reel 11(1 v hceii ndoiil. I, and vve she
perceive ih it lit 'prt'ieiplos iuvvrinight i i them,
nre mule I'.eas'emnt t<> tlie sp.r t "t Repultl
i: t .islit, than liaise framed shortly nfl"r tin
revolution, win a o.ir eou Arv was in its i -
inc.v, uud In fore they had ihe light of ex-
nerii ice to illumine tlte'r path.. Ill helieve
'hat the inane pies by vvlii: ii those States an
noxv eoverupij, are ih tc enrreet, more snlu
tnrv in their op "ration, tli e those interwove
a the cons; it ai ions wit r.lt ware ti -1 I'mincH,
Tlteie is nmither feature, Nlr. t 'h.iinnali,
i this ninenilmeut, that slinuld recontinpia
I si If, as he fm - dn v 'conceived, to the notic-
trtheonsidi rulion of tlie commute* : winch
s, tiiat it contains n provision that the prn-
•I'ldiiigs Ilf (In d legates shall not he nhliga-
tni'v, or binding upm tlie good people of
he Slate, i ll h v .-It ill have pa-s ! llte ur-
d -al of puhlie inspection. Till th. ir pru-
nhitiitted to th
apnt
*M(• 11. nr (iis.lpjH'o
publicly
(•.(•edit
and receiVi d t!
Inition, and (h-
tn d discussed, its all such proceedings slimilit co.,
he) until the people nt some gi tn ral election
(iron smile public day shall have expressed)
tie n .j,... m,, by Indict, vv lie! In r the coiisIi'ii-
t mu is ugrce.ude to their v iim> or not, vvln 'lv r |
to trust the people, vvlieii lit- v meet, to give
an ( xpressimi of sentiment nn the propriety
or expediency of amending the coustitutinn,
vvh n their own lughis nnd interest
d plv involve I in t
hi self, said Mr. W
pi'i'lt' nsions upon thai poinl. lit
no feur that the (lelegales , f the eceve I'm
vvantld tr ii set'll.I the instruction - glvu n llieui
hv llmir c.i stitutuent s if a prevision sniiilur'
lo the om- lie h i I skeudte 1 was ms a !.
!T, had no iipprele -'pit, that the cimvcn-
tio'i wmhl ruin the ennstituta i*. and pluii'.'
n- in a st tte ol'amire.liv a d co niision. II.',
Mr. NV., was opposed, a.- la- ha hcl’or ulv-
servaal, to a CH!iv'."iltim verted with ge uTal
powers, and lie helievi I the eoaimunitv ,H
i irge was out di-po-i d to finvi a <• u'ivtvi lion
limited hy no restrieliims. The provi-i'i:
that he sketch) d, wits done hastily, for hi
wits taken somewhat hv surprise, it having
escaped his memory that tin I>’ 11 this d:v
would he acted upon, and, therefore, it m iv
he imperfect in its | hraseclogv ; hut In
should insist on this, or a simil tr provisim
\ml provided the lull could pass, which In
h, lev/c.l was the gu" i r d wish of the commu
nity, vv ith some restrictions nf this character,
he was an mlvm ate fur it. I'e ltd I it us a
'itiv lament.vl ptineipht in g ivvriiuii nl, and i
inancii'le trot to Ii departed frmn, tlnr th,
-'nailer enmities of the state slimihl he pro
vided for, nn I that e u-h enmity should hav
a voice in the cotineils ifl'tltc state. It was n
taonark that could not Iv cn ti tvvr: tit
-i Ifishoi'ss is the ruling principle nl tea ,
md whether n eommmoiv nr nn individual,
•v.'iiM always infl i 'tice everv tueasiire that
vv is adopt'd. Hence it vv is Ii null flea - :■
tn throw s’ .«fr':c!:o::s and I unit iti ms upon ;vl
m ist nv rv public Ii illv. ft WHS hell, r, s;,; :
Mr NY., that tin: smnlli r cntiut es »' mill:
merged in the larger counties, or utinilulu i .1.
than to lose ill controHing power; nn I bln-
r-dity in puhlie transactions, nnv mine ilia
in private, was not to hi' evperte I, when i' -
tercst was 1. th wav. In his dosing re-
murks, Mr. NV said, that he I I made '.In-e
ohseivatimis, with n view to apprise tile s -
rite of the riuriples he was disposed 1
id mt, mill I he course he should pursue, IV-
i h, In f that the motion would he vvithm.aw .
Old the 11 '• 11 I ken upon it- npu-its, uml o.
episs I hy sections.—-Mr. VVu'son ohservt
h it :< liltii opoiioii was the same v> till i
-per t to the ri dtictinii of the repr - moo
ml h" conceived the (lav nt h.r
reduction shun! I ta'-e place, am
questfpn was, oa vv
hipted.
.'Ir HLAIR ruse uiiil in ide a few ri marl'
i reply to Mr. S.ivre, rel uiv in ti e cues
liim I., in submit: d to the p< ople |ireviou
to its lulop!:o,., pr.su.ling .Mr. Say e ha
been uitiii r a wro ig iiujiression in that r,
spect. Mr 13. said he did not re c at th
tinn- to . to to the discussion, hut merely
to cm ect the in -take of the gentleman.
Mr. HH ('!i ruse mij made a mptim
that tlie co imtltee rise and report disagree.
uuiit to the hill. His object, said air. I!., i
innki g the motion, was to test the sense n
the senate with regard to the hill, lie hi
lieved, I'rom the mdicatiiuis munil'esli (1 lo
several g allenien, that they were in opposi
(ion t ; the hill. But, if he discovered that
the sen ,te •.ere ills used to net upon it, I
would mt insist upon los inotinli ; hut win
lie was opposed to u tneusiiiT himseli, nn
discovered also a "rent ii d.S|ui.-itinn on tl
]i irt of the sciinti! to d.sctlss it, lie was il
iluce I to make short matter of it. His tnni
ol.j.-et was to uscertai vvliellier th" semi:
w • re dispo-i ,1 to act deliln rutelv upon I
un rits of the hill. As for los part, lie vv
.f errors, the ii
should hi
lie'.! th
Ill whet
ml the ()’
it sliruil I
Nli. I,
concur
irge, ho
floor ii*-
vijihes of
Isposed
people, 1 d- clJedly
ed ti
mile
some provt
Mon cold la-msi rled, 1 hut would sect,r tte
rights ol the small eounties, unless the bill
he so shaped, as that each county shall
be represented, lie. Nlr. IL, represented a
small comity• mill lie vvuis disposed to maiu-
tni" its rights, ami not surrender them ; and
ui less the coustitutinn can he amended so
ns to pro i rve thes- iumIos uiiiiivnded, lie
I t lie i" posed to the lull. Ii ■ thought it
keep the low
mr.mt
class of the people entirely
determination of the 1*
I It," cuteeived, il
j -hint).I r.-nder it
1 pie of the Stall
dti'nrv
mid
right
I'ptulihi to the good pi*o- I hav" n vo
proper,
that each county should w hich w
him nt uf u
i of the repre-
:s he helievod
Me conceived,
much ton large,
v.-liud to lie rc-
i v of us lu re,
td Nlr. I.., he appri l.eiidi d, vyho were gov -
a* a uuiri hv si I fish cmi.-al, r.atiuns, than the
■ ! of tli" whole. I! ■ feared that too nin-
• ■ re inlimai -cal hy tl'is cons deraliou
a-'", that d the tiifui11< Y ot the memliers is
hit'.’.!, they won I I I- ive no ninMoen jtv nf
a r returned to til's body, 'This co 'si'd-
.'lein may prohably tufliu ece slum; of tLo
I mb, rs, null pr vmit them I'rnni uet ug
;h I Viewmill real n.li rests of the com-
un *v. i'le geutleiii oi from Fayette, said
sectns to antiei|mte the vary ohjeets
O' xe lion, tie very, idterattons wh'eh
v ntioii vvainl'l adopt. How eon that
ron 'email he apprised nf the particular a-
r iidnimHs which the I'.eivaatiiun wall nttike,
-pei iallv "i relation to Senatorial districts ?
Ife si enis to helieve that the em veufiou ir i JI
v hut one object in view, which is the
tiil gaaeition of st veral enmities, for the pur-
•e "I i leeting a >cn Hor. Hotvdoi s tins
n: 1,-ini,n ..now whether such a course will
el,qiii I or not. n id il adopted, how dues
I. m ot Imt vv hat tlie people will eourtir in
is mi a • ir a, itfler it has been submitted to
"' ? If f bf the voice of the people, that
e alterations proposed Ivy the cotivention
adopted, If! conceive.I >t to he the duly of
tlie Representatives of the pen '
their wishes. If the people
in favor of having several counties atiiidgft-
e,|, will any geiitlemnn on this
lie will net counter In the
people? IT, Mr. t„ was not
to cut' i largely into the discussion, he was
tine.i, however, that the constitution, if a-
incn.hal hy that convention, would not be
palmed upon the people w ithout their con-
iclit. (Debate to be continued.)
l’r.tPAT, Novcitil cr 27.
1 motion of Ai r. PO NN EliS, the Senate
, i ii 'jidi red so n tit h of iIwir joiirnnl as rc-
ai. saj tin; >ini<■ t..111*• ■ i.t o| senate, to the re-
n rt 111 ilte j a luu.iry committee, on the resn-
hit inti iloia-tii'g nu ctiipt rv into the ex pi dt-
e cv ol reducing the nmnlicr of tlie justices
the ink riof court mid justices uf the peace,
t >n tuotioa of M r. (I \ NS T, I .E, it vv ns
ItiSilly'i/, That the jud.eiarv lomutiltnf'
nquirn into the expedt- nev or pioprietv of
I'haugieg the mode of trrd hv j try, in all
v I c i" -, win-re a verdict, h* toon immiBeott-
.. l iit,ea : mt lie ohtdiuial, so as to aui.hiirise iho
ini v, upon thy ci'ineurrcnce of two-thirds of
heir h nl*, to Petnru a verdict, which shall he
i- lauding as thoiigli tin re hnd been a uiooii-
• ais consent.
'!r IE.’ V! 1,8F')RD reported a hill, in-
st it liter, in uud. nri-e the Bank of Darien to
ri deem tin amount of its bills nv'*' in the
Gent ral Hank, to;, in certain terms, which was
read the fir-t lime.
Mr. \III) report'd a hill tn compeii-
RHtc til" jusliia .- m the inferior courts of this
state, fur eet tain sen ic.es therein mentione I—
and
A hill, inslunter, to nuthorisc the transfer
i d ass "Him ut of judeatn nts and executions,
a It make certain and uniform the practice
w uh n gnrd to the same, w Ini h v* ere reatt the
first time.
Mt. IIENI.L reported a lull to alter nnd
tdt.tnge the in"de of electing thu clerk of the
courts of ordinary of the several counties
within tins state, and vi sin g the same ill the
11,(floss entitled to vote fur other county and
-late officers, tinder the same restrictions es
clerks of the other courts arc now elected,
nnd shall b« commissioned ns heretofore,
which was read the first time.
Mr WATSON reported a hill to compen
sate the judges of the superior courts of tlu6
state, fur meeting in convention, to establish
rules of pru' fuu', and-to con.pel tile judges
to a Imi ister the laws in their different cir
cuit-, ureording to the rul s and derisions
init i.' nnd agreed on hy said convention,
tlcti’, tin! to interpose tin; executive authority j land, and imposed on the people, without [with o'lter gentlemen
Mr.
at not one line of
lo prevent the state from extending thetr law.«
ova r tj« n. Thev I: ive also been nt great
pei ,sto impress on the minds "I all e.asses
of people that the country assigned for them of the state wa re
on the Aikuu-iis, is the most barren and un- sent constitution,
br-dt'iv spot
hav'O well
having passed the ordeal of public srnttinv,
ned received the sanction of thr people. TI",
Mr. S., had leasim to helieve that the people
tin
the cnii-litntinn should he binding
pie, till it had first received their suite
and nj prohatin . Mr. S., having made
s itisfieil wi lt the pre- ■ apology for the haigti, of time lie h nl detain-
nr proof of this, lie)—I the committee, and for intni.ling noon
tlie eontineiit ; uml in this would refer the committee ti the journals r.f; :|*e Senate, in the presence of notch older,
succeeded. ’They helieve, the general ussenthlv . 8inee the year I7!Y- J more experieneed, and men more disiioguisli
, •• ■ o rcoiuill no HI- II: V line Will J - ,
v iaviVj hut the final i xt....t J ,i.i ol the whole (the leooraiit of Uicm, nnd the better inform- shortly after the adoption of the coustitu- cd in the Councils of the country than liim-
tIn senate, and unless u lull
could '<■ -i) formed u- to provide for this, lie
-hindd not give Ins vote in f tvor of the hill,
hat shou.td ti-•• rvu rv endeavor to desirov it,
uml lie would call upon everv mail who re
presented a small comity, logo with him,
nid protect the rights .fins constituents.
M" HII \ MI V >1 rose, and observed, that
he Impel that the gentleman from Favctti
would withdraw h:< motion. Me *vas op
posed to u motion of that character, the olt-
fir-t time.
Om motion of INI . F \ M H HOUGH, it was
Resolved. That the eommitlee on the state
of re lullin' In requested to enquire into the
i xpciln nev of tiittlmri-ieg the Gova rni'r to
ippoiet one nr la,ire cninniis-ioni Is, to rent
out fur the ensuing vour, r, 11 improvements
in the Cherokee Nation,•within the limits nf
• his state, vvh ch hove been valued hv the ?’.
Slates comtnissioners, and abandoned hv
the Indians, nnd that die said committee have
1 ,ixo to report by bill or otherwise.