The Georgia journal. (Milledgeville, Ga.) 1809-1847, April 19, 1832, Image 1

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Newspaper Page TextTHU GEORGIA JOURNAL, princ; Id publl.«liP<l twice n & HAOLAXD, k «IurinfC ll*< lure, an l Wayne and Hruic.M k St om d. iI Til!’. K K I>• ’* 1 lit advance, or FOLK DOLLAR** • i ' 1 Tiie Paper will noi ho sent I > :i the subscription ni'iitoy Is paid in » liven. Advertisement* inserted 'ITS. II. Ml I IANI). Guardian*, ere r** mired. l»y I the i In (he m tilth, h v i the l [van< , or Ml uni rales. IminLtr.i: -rs, Rxecutnr I., le'l.l usi the fip-l I'm. Ion in the I'nren ion nml i w in the coun eh t puhlie tl.iAeti ■ SI \ !' V D v \ •* pi Sale* ol NKOIl »E ! mu-l u' ■ Tuesday of the month, between the u-t ; h »n-s ol - i'o, at the ■place of puhli * « .l. - - I th * r.uin'y w h n* tie* letters IV,la m*n- tary.of Ari.nmi'ir ni • ' *V- ‘' '* fir*t giving SIX FV l> ^ s nm th 'io.il. in one n| the public gazette* or thi< Si.ro. nod at theihvirol the court-house, where Site It ha It** are to hi* held. NAti- ■* i ih • * i o oi IVr*.i.i i! Property must lie given in like manner, l' 1 ’ * 1 I : ' ' ! " M ! ‘ ,!l " day "• ale. Notirot >' ! * ' 11 ' ' ! " r ' * ’•'* Creditors of an Kstalo must he pub lished l »i FORTY .l.-v . v.iiieo that ipi'iie.iti.oi w II be ni ul«*to the Court of Ordinary *M L \NI», oiii»t ho •. Il.liv o* I | .1- Font Mt)\ |*||s. HIOES, most ho publi«h-‘d lor lea' f.rst . nn.h o any order ah,oluto shall ho .im.l* there- Person* intere-tod in those A Ivertlseinent* whieh 0.1 Monthly i will tiid them in i!:o first and Imrtli p <" paper in every month. All business of tills kind continues to r<*<*i nt the Ollice of the H KOROIA JOFRN \! • publish- prompt attention THURSDAY, APRIL 19. £!i32. SELLING AT COST. npim subscribers commence this day sel- ■ H. ling their stock of Hoods nt cost, for rash. W1LKY Si BAXTER. LAW. "ffJOGEItS & IllOE continue to practice UuSb in tl"* roii'itio* ot Cmv.n, Ua-n Do K ill.. C omll. nml liearil, nn.l o-i-o| them will attend i!i. ...m • <>i (•h.i.. , .«o COiliUy. Their od‘ . i. at C on, C.i»nphe||only Let- i. rsnihlre-se.l t <ilnon ni Mint place, m I i S.iiiioriKvillo, Chero kee county, will he piomptly nttvnUcd to. LAWT" THOMAS C. M’KEEN, L practice Lnw in the Clmttnhoochee cuit nnd in tiie comities of Crawford nud l : |**s" ol irouit. Businrs* i nlrusled to him will meet with .s it ralbolton,Georgia. Saddling and Harness Making, ini' J^OTICE- rMllIK Subscriber Imsremoved next tlonr to JL M r. Thomas It. Stubbs, nnd immediately opposite the Tost Om *e, where In* h ami hand a HOOD STOCIC ni e-ory ar ticle in Ids line, which I o will positiv. the Western march I—m3 ■ The copartnership hithertoex n the unilor-igne.l, attorneys nt law , is ihi* uai r .ns. K " h will rotlinur to ii-.idr roral coin lies lukee county 'K. I). Mi KIN*l.EY, md procure • Ciicuit. F. hi ISAIAH HAIL fj AW—In future il A practice Law in cornier , tlonto OUsineM In the countli*- THOMAS J. SIIIMIULSRII. 1 !.»■».•. m-.': .l.^oer. of the O -on Mill.dycvillc. March I—H || circuit ■\ t \ ou >■' I nm Circuit—Ilttncock of the I iNU J IL l!i. Middle Ciii'iiit. They will be T HE subscriber heroby in farms Ids friends j ,u i"“ l| i w i ,, " ,r i Ml r nnd the public, generally, that hereafter lie will only Work fof Gath, or for those to whom he miT be Indebted* lie l Jan 6—»tt continues to make _ - — - j A. NIS BET will pHlC-tlCO l(l\V III the fol- i J o lowing co'intle*,to wi: Morgan, Hr»*i ne, Putnam, Jnf- Hun, I'utnail . M’liiri.e. and • etofor. oc- MA III) K.'lMN'K.!, lVMIlSO.N L HARRIS. Mill Irons, Inks and (• ul^cans, a* u«ual—Mill Boxes, and oilier Costing* of Brass or ComposiJ Hon nt sixty-live cents per pound. 3r HII.X LOCKS repaired Ml the shortest notice. Milledgtfvillc, Dec |—emvtl •• T. CCSIHNO Milledgevillc Hook and Drug Stare. rax HE Suli»i:ril)rr !i;is tnkun the Hook nml _SL Diu *.-' i .. mice of the liberal pairon.;.' lie: eto'iirc * * % i • ■ i» '« " d. he will receive In it few weeks suppl le « ei > to perfect the stock, nod no article -hall he cn!Vd i .r lieu nlier, •commonly found in such n plnre. Mint lie be w ill endeavor by roostmu i v .1 U, H uic.-ck, Talinl.-ri oiler ..ii i Ho ml wul the O.ikinulge | iM idison, .M ii ./an, Hi. I The A.Lcnxtn Constitu C money. In any of tiie countlus i low prh ■ . March I- il . .* pntronnee TllD.M A FOR SALE, is,i Also 2, v -0 'I!) - . LARD ol .ie ' i - Corn Meal. Eii'iuiieof i 1 11 i.. * 111»• Milled reville, March 72—tf lbs. BACON, consistinjr R. II. L. BL'CUANAN. iittalioochce circuit*. Athenian,will please •r/e tin* n’love an in*mion in meir com on* once a week for B. A. THE NEW LINE OF STAGES FROM MACON TO SAVA NNAII. BY MARION AND DUBLIN, WILL run Tlirue times i v i ck, b nving Mncon nnd Snv ..mnh ftlOTICELl.O HOTEL. THQMAS DAWSON respect- • •** / Tin*.IAS DAWSON respi-ei- ' to 111 f.lomU. .n,l loth. . j rcxl. ^ J * '' * " | ' 1 j * 1 ’‘ 1 ‘,*'1' b'JY cr .^eil ■ A Fortune, if you want one ! T] N GivinncU enmity, Georgia, the subs- Kl luv hv- for sale a valunliie Landed K tal>', w till excel ii. emiii 'iic..', ('out-h.'i'.in * i'w* «., 'fiel d newly Imiil Jdiii*,. hoi fold, William Ihinson. Joseph I*. Pen irk, John /.’ Putoson, John Hobson> !,veins iViltich, Ii. 11. Randolph, .Seaborn J. Johnson, John IP. Porter, .\athnn . Htlridor, Elijah Fj. Jones, Lc.wi.is Groces, Hut id Irwin, R. cl. Steele, Win. Porter, March 22—71 A LIST OF LETTERS remnining hi tb, Piwl Office nl »l«ilUon,Morpin cuuniy, oml.e a dn/ of April, IbJJ. A John B. Onrnei Thomn* Aikiiwn ID . i i • Tbomi.« V. All.n H. "V ' ■ llenry S Au try .Inin- s I midel • 1 . A' Presley Bra Absolem Bnrnc PaMence°Chnl7i H. C. Cnmphi II Mary Cryer George NV. ('ot John Capehiirt Cha*. IL F Car jMish Mtr ill Ann I). David Duck Field* P. Kv Joseph*C Kv Reddlli I lari L James Milcliell N. Richard W. New: Willie Dij- Ai_ Jc-se .M. Wilson i Alexander Walden Frederick II. Ward j|LBERT WILSON, p. M. LIST OF LETTERS ,he Post Ollice in I 11■ *1*1 • *>i. on tlie f Smallwood Allison 0. John J. Bo«w ell I Hraiihain A B 'swell John Breedlove Dr. Joel Brnnliain Mr*.' S.ira'h Bio.well J 15. Brown Nathan Bussey John Copeland Tims. Curler Alfred Cl ipton l Mr. Uopor. Rr Alyx. Roherl* Joseph Harvey O’- I'll i.U Ho I* Jaroh 1). Hightower R 1 J. Th J.W. Jacksnn It' Seaborn J. Duke* Hamilton Dukes, lliclinian Dixon W m M fldletiei ; John Morelaml I Tool.' .Me Leary E.Mnddux E. E.R.Nifhrt »). Tliomaf W. One P. Moves V. I’rewit Julius Petldy J. S. I’euniman Tims. Pilgrim Merlmnn found J. W. H. Wyqjic I V\. tVi icht AV.M. WILKINS, P. M. DIVISION OifirDlviiS* Kca l Quarters, Wi Division, (!>\ 'dta, ? Milleduevillb, March 1-iU, ld-fi. ^ I N puniuance of general ord\rs of the V,.mm in i i* i * I L l,; '! " „ . i: ... ;t i Militin,by Regiment* :ad |{iittalloiis espective muster ground^ in the uioulli i* 2nd Mr. lie 'll, Ity. i'li tVic cuunly "f li.ee,.,.n.lao.da, amltt edn Jl V .be 8 end S' ^."y* pridny endSotttnln.be lltli and .Tttr,l, f lb.U;d. |S , 111 s it i-day the l ■- ’■ l >y. lediately preceding V»- review nnd tin* couiiisMoned nml \ *• R-. aiis and Bat- ■I lu* S .inherit Ban • ■ Trustees of t’ is institution beg leave JACOB KIND, IAMKS MIltDSONO, JAMES TOII I* ERT, GHMFN FKROFSOV FOR SALE, thr Millederevil!c. ' Hook Store, n few r.\RY ON TIIE no. low lor r.idi, or nt n the Wilier W iich. nm LZJ& CHEROKEE QUESTION. From the Globe. AN EXAMINATION OF TIIE CHERO KEE QUESTION. It must be consolatory to every American, anti in fact to all, wherever they may be, who regard with anxiety the progress nnd prospects of free principles through the world, that there H a sana tory influence in our institutions, which, if it can not jlrevcnt, can heal without dilHcultv or danger those maladies, to which all public bodies are from time to time, liable. In lookingback upon the his tory of our career and prosperity, and the genera tion has not yet disappeared which laid the founda tions of both, many questions vexat appear, each of which agitate:*, the community in its own brief day, and sonic of which, either from the magnitude of the interests involved, or from the excitement that prevailed, threatened the most serious conse quences to the stability of the government, and the prosperity of the country. But by the favor of Providence, one after another those have passed awav, leaving otir Union nnd our institutions un scathed. The present day is not without its own share of doubtful and difficult questions. Let us hope that they will bo discussed in a spirit of mu tual forbearance, nnd arranged in a spirit of mutu al accommodation. Our national motto should rc- tho rudest state of barbarism, thinly scattered over an immense region, subsisting principally by the chneo and by fishing, destitute of arts nnd scien ces, ignorant of the true principles of religion and morality, acknowledging no law but the law of force, nnd taught from their infancy, by precept nnd example, that war was the great business of their lives, nud its dangers and glories, the great object of pursuit. Such wore the Indians then, nnd such are they now, wherever their contact with the white man has not changed their primi tive character. The new race of njen destined, in the course of ngos, to produce s::7I1 deplorable effects upon the fortunes of these people, were influenced by oth er motives, and governed by other principles.— We will not hero enquire, whether, in taking pos session of the country, in reclaiming it from a slate of nature, and in laving the foundation of that invaluable heritage, which has come down to us, they were right or wrong. Wo shall endeav or hereafter to show, that llio great command, t > he fruitful nnd multiply, nnd rep’* nish the earth nnd subdue it, has been considered as one of uni versal obligation. That n civilized.community h». a right to go firth nnd take possession of unoccu pied nnd uncultivated regions. That the hunting migrations of nomadic'* tribes do not constitute such an occupancy, ns ought to give them an ex clusive title to more territory, than is necessary for their comfortable subsistence, in the mode to which they have been accustomed. Th-t Vnttel, the great expounder of the law of nations, was right, nnd so were his associate in this investiga tion right, when they maintained, “that the culti vation of the soil was nil obligation imposed by na ture upon mankind, and that the human race could not. well subsist or greatly multiply, if rude triben, which lind not advanced from the hunter state, were entitled to claim and retain nil the bound less forests, through which they might wander.—' If such people will usurp more territory than they can rubdue nnd cultivate*, they have no right to complif a nation of cultivat ir 1 put in a cla m fir a part.” This is the received doctrine on this subject, and hn.i been maintained by Vnttel, by Locke, by Montesquieu, by Smith, by Martens, and by many others. Principles sanctioned by these names, can be neither unreasonable in them selves, nor unjust in their consequences, however they may be jeered at ns “ shameless and shallow.” Those two races of men, under circumstances ko different, and with objects so irrcconcileablc, are, in the progress of events, brought into con tact with one another. They cannot exiat in in dependent attitudes. Tb'eRort of the one is to subdue the earth, to extend over it the blessings of cultivation nud civilization, nnd to provide a permanent residence for themselves and their pos terity. The effort of the other i3 to repel the in vader who comes among them. To commence and continue a series ot wars, in which barbarous trophies of victory may be obtained, and barbar ous glory acquired. In which warriors may go forth to plunder, to devastation, to death, nnd re turn to exhibit their spoils, and recount their fonts. Return, to strike the post in their native village, and tell the deeds, which have spread ruin over the land of the white man. To athnulato tliomaolv*»a nnd othnrH to fresh exertions, by the applause of the surrounding multitude, always more generous, ns the work ot the spoiler is more cruel. It must not be forgotten, that abstract specula tions upon topics like these, seldom promote the cause of truth. The investigations arc eminently practical, depending, for their solution, upon the common sense of mankind, applied to the relative situation of tho parties. Principles, curriod totJioir extreme, will be found inconsistent wrtli ihe best established regulations of society. And have, in fact, misled many enthusiastic men whq, with more zeal than judgment, have entered upon their ex amination. What, then, in tho position in which those par ties are placed, is to be done? If the barbarian Acquifc the ascendancy, his rival is not merely conquered, but destroyed. If, on the contrary tho civilized man assert nnd maintain the superiority, due by physical to moral force, both parties may bn preserved. And even if one mint fall, the law of self-defence gives to either tho right of con quest. It follows therefore, that tho new communities, springing up in the heart of a boundless wilder ness had a right to assume such a jurisdiction over the barbarous people around nnd among them, as was necessary to the safety of both. And to as sume this, peaceably or forcibly, ns the course of events might require. The great object would be, to impress upon the uncivilized party the convic tion oi their inferiority. To tench them their own existence required that their passions should be restrained, their warlike propensities subdued, and tiie peaceful duties of life encouraged nnd promot ed. A pesice to-day and a war to-morrow, and the establishment of mutual independence would never effect this. Nor would promises and profes sions and conventional obligations. Feeble in deed, would be such barriers against the tide of Indian power, impelled by Indian passions. Under such circumstances, jurisdiction is wpll assumed, and its extent must depend upon the opinion of the dominant party. The doctrine is well stated by the Supreme Court. “Tho United States,” says Chief Justice Marshall, “maintain, ns all others have maintained, that discovery gave an exclusive right to extinguish the Indian title of occupancy, either by purchase or conquest; and gave them also, a right to such a degree of sove reignly, n.j tho circumstances of the peoplo would allow them to exercise.” What that degree of sovereignty is, must be determined by the civilized, nnd npt by tin? savage communities. The latter are incapable of weigh- the circumstances, nud of appreciating their ioll'iwiug, I n the county i>( Clark, <m M In thi* county t»l ' M: " l" •" y In tlin county ol Morgan 12th May. „ . In the n the county "i B I On th • r* ipirtive slay* mi n-" Inspection in tin* utiove lift "y 111 iHM-cmninisMoiieii olliee* ol the m *,' tali >n*. will !> .»—i.*'.|.*.t 1 -i msHii AMrictr clpliw* <«m nmlinaliou anil InilUcrlincnatcly pun atteinl in person I- By Comninn Th cution of I i > • r, n rigid ill*- li.llrmns promptly icrals nlJiigailo wi.I ipral ' •Mr. Rid.ii il|r, that it I: Hill,* us, that wo have become one from many ; and j if the example au • > inis Union I lumortnnco. And the very ip• • has produced, are to be perpetuated, wo must sock | jurisdiction, so Inconsistent with tho ordinary prin- in nst of " :! ' 1 "V 1 ,M a feeing of public inti c ie, is founded ui in tho of patriotism, the true power ot cohesion. j moni j incapacity of one of the parties. Upon the virtue and intelligence of too people j ti | j {now of no half way doctrine on this sub- wo mu • r-dy • y have ■ ct *» 8ay8 j u d ... s p0n cer. “ We have either on thus far been the ark of s:ifcty. It were presiimp- j Qxclusivo jurisdiction, pervading every part of the I tuous to doubt, tliat they will he most clticacious, including the territory held by tin* Indians, wh -n they may bo meet wanted. I or we have no jurisdiction over them, while ueting The ‘-Cherokee question, ns it has beenfamil-1 wit!lin t!|I , ir reservation.'.” There is no principle inrly called, is one ol those, which have divided H |iort of this, which will stand th • t".st of ex'ioun- puhlic opinion, it may ho examinedIwitnout of-; n ^ on> Nor is il necossnrily liarsii in its applies-1 ' sc to any 8 o. •y •" fko State which ,, ll;> The nature of the intercourse, air claims jurisdiction, to the Executive ol the goner il cr jhed, would lead to the inevitable destruction ol’ govornrnrot, which has stibini! •' the weaker pow its opera CongressH ' tn’.M '. , intervention of othor consider tions.— I which have been called upon to investigate it, and ; i:vcr ' y t!lin?< sh irt of this ultimate resort, is soj to adjudicate cases arising under it. We propose, , n uch gained fur the cause of humanity. If the | with that freedom, which is t!i(i privilege of j s ifetv of one party'vou! American citizen, but, nt the same time, with that •aspect which is due to these high authorities, to party would justify the complete sub- nation or destruction of the other, wen- there no intermediate measures which would obviate such review and discu b this subject* rruth is ah option of a m mre tl it valuable, and it is best attained by diligent enquiry. nceompli.-di this o! j ct, is not only proper but The public mind will eventually decido this matter, j„ ;t# \v f hr.t that is, has already been stated, and] S.ROCKWELL, Division Inspector^ ’J* M. LYCEUM ACA !'.< LA'. CAIlllOLL COUNTY. T HF. Trustoi.g oi’ t*'ia iustitulon have the Action of tt opened under thei.i.i-: l.ivai forumnte n-. to secure ttie Sil'it!A . cue a* n profemion t!ie Insyriion ol >utli. Mr. Ibil has — vni-e-l in the souf " M *' •' , Mr. Thompson.• i* : "; h f s ...*r . . ... , rnei* in hi** '.--I'inc**. » t!••:» Ii. nnd hoard can he hnu m ic nclghboui loud per month. j fs A. JON E*> W. n. I.HMPKfX , citlti.Ks m i s. v. V i lN D. CHAPMAN, IN HILL. ’ j \vvill publUhthr nhovt monthly'till j forbid. ini- no hu- it Ima dccidctl so many others, wisely an J safely; ■„ it3 CX e r ci.= 0 , every indepondimt, ctvili. and in the mean time, every <- intrihiition, howover ||lml ;iy ;. n . ihf,. t„ it is re.- humble, to the general steel; of iuformtitiun may be . f or „)] j| S other nets of aovereigr.ty, nnd t. useful, and at any r.ite, will lie harmless, Witn t niin triinnal* To contend that the right of gen this conviction, wo proceed to the task before us. j er;l ] jurisdiction does not exist, because it may be Without narrowing the controversy to a i ingle 1 a b u , e d. is to adt pt one of tho m ist e imm in fal a- point, wo understand it. in general terms, to he r.es of suporfical reason, rs. As niticli political this: has the State cf Georgia a right to extend i personal freedom should he loll to these sav- eai'ItTiniPniUii it isto pur- - healthy ) Trustees. 1—llltl Iter laws over the Cherokee lands, within her boun daries ? Tho consideration of this subject will lead to the investigation of those principles of in tercourse, which have been established between civilized and barbarous men, and to a retrospect of the practice and professions of the different na tions, who have planted colonies in America. When the Europeans landed upon this conti nent, they found it inhabited by, numorous tribes of savages, independent of one another, nnd gen- rally engaged m hostilities. These men were in pic, as may be compatible with tiie great objects of restraint nnd security, and necessary to their happiness. This may vary, as time and cir cumstances vary. As tho civilized border ap proaches tho uncivilized region, tho relations of the parties undergo a change. At first, the Indi an knows little of the white man. He hears of him, indeed ; but he sees and feels him not. By degrees they approach, and the precautions, dictat- • Nomadic—Having no Atari fif>ori<*. °d by reason and approved by experience, become necessary. Jurisdiction must be assumed, but it is one to restrain, not to govern. Tho Indian is not then prepared for government, lie is ignorant of the institutions which tlm stranger has brought, and it would he unjust ut once to subject him to them. Gradually, however, he Requires a knowl edge of their obligation. T v e finds that they pro tect, lift- and property. That injuries are not. re dressed by blood, nor nre strength nnd weakness tiie measures of right nml wrong. He feels that t’ -’y arc just, nnd understands them sufficiently to claini their protection, and to render obedience.— Their shield may then he cast over him—the wall of separation may be broken down, and entire ju risdiction assumed.* lie will then be subject to equal laws, which have bore nnd in tho “Father land, 1 been the boast of ages, and the safeguard of millions of human beings. He will be freed from the d anger of turbulent passions, and from the arbitrary sway of leading men. From decrees, which denounce the punishment of dentil upon any one, proposing to transfer Inn rights, and to escape from an oppressive thraldom to a country, which oilers every prospect of comfort and im provement. Il is observed by Mr. Justice McLean, “that the exercise of this independent power, (referring to the right of the Indians to maintain separate governments,) surely does not become moro ob jectionable, ns it assumes the basis of justice, and the forms of civilization. Would it not be a sin gular nrguni! nt to admit, that so lung ns the Indi ana govern themselves by the rifle and the toma hawk, their government may bo tolerated; but that it must bo suppressed, as soon ns it shall be administered upon the enlightened principles of reason nnd justice.” On the contrary, we think no course of tilings can bo moro natural. While tho Indian is in tho nicio condition alluded to, ho is as ignorant of tiio principles of.just laws, as he in unfit to ho the sub ject of their operation. How could ho be punish ed for crimes, of whoso moral turpitude he has never heard? IIow could he-bo prosecuted for debts, who is ignorant of any obligations which tho’o impose, except to pay, if he pleased. How could tiie whole legal machinery of civilized life operate upon one, whoso house is u piefio of hark, whose .subsistence h the spontaneous gift of na ture, who has lived without restraint, and who has never looked inward upon himself, nor outwards, further tlnn to follow the game, and destroy his enemies. Wat. ns «!non as ho comprehends “tho enlighten ed principles of reasons and justice,” ho is fitted for our laws, unless those indeed are founded upon other principles. Iiis “ rifle and tomahawk” may he converted into a “ plough-share and pruning hookor in other word-*, lie becom°s a civilized man, prepared for the duties and privileges of civ ilized men. Wo speak here of the process nnd tho reason of it. We have already considered its ab stract justice. Thus stands this question ofjui'isdiction upon the ground of reason. Upon that of precedent and au thority, it is not less clear. We need not transcribe the papal bull, which, in • I! • I, •» - A i h » \ . D t ■ ,. ; 11 i .ii • L. \ * TT tho two nations who, in modern times, were the earliest maritime adventurers. It is a document too well known, to require particular examination. It declares, that “ we constitute, ordain and appoint you, your heirs and successors ns aforesaid, lords of th ■ name, with .*.11 free and all manner of power authority and jurisdiction.” These terms, and tho practical exposition given to Hu m in nil succeeding times, leave no doubt uf the pretensions then established, nnd which have been maintained to our day. The general doctrine was this.—The discoverer ofa country net previ ously known to nny of tho civilized nations of llio olu world, had a right to take possession, and to establish some token of sovereignty. He then be came, ipso facto, the rightful owner of nil the land, within a ccitnin distance of this point. Whut that distance was is doubtful, and perhaps, it was never uniform. In the earlier English charters it is two hundred longues. When the country became known, boundaries were prescribed, moro or loss definite, as the know ledge of it was more, or leus accurate. That these boundaries were burners against the approch of ri val discoverers, has always been agreed. That, within them, an absolute jurisdiction was assumed, over all persons nnd property, has never been que.s tioned, till recently. An examination of the sub ject will prnbably show, that tho mode of pcacen bly extinguishing Indian title by voluntary arrange ment which is supposed to bo a practical disclaim er of the rights of jurisdiction and propeity, has not resulted from any doubts of tho original princi ples, nor of the power to apply them. But has boon owing partly to political considerations, nnd to a conviction, that to acquire Indian title without the consent of the occupants could only he done at “an expense,” as General Knox said in his Report in 17f’B, “ greatly exceeding the value of the ob ject anil partly, to the advancing opinions of the age, more and more desirious of meliorating the condition of this helpless and hopeless race. And consequently to be respected as an indication of correct feelings, and to beTollowed as an example, in its proper application. Limiting it, us it bus heretofore been limited, to pore -nal and private, but not extending it to political rights. Did the European nations assume the general powers which have been stated, or did they assume merely “ the exclusive right of purchasing such lands ns the natives wore willing to sell;” and were their charters, agreeably to the opinion of the Su premo Court, “considered us blank paper, so far as the rights of the natives were concerned?” The question in, nt present, an historical one. As such, it niny be examined without reference to uuy moral, duties, it may he supposed to involve. And as a preliminary observation, it may be well to remark, that if all the grants of European .Sov ereigns were intended to convey only u right to purchase from those who bad a right to sell, their phraseology is the most unfortunate of any docu ments upon record. And besides, upon th& con struction or rather suggestion, why have the ele mentary writers entered into any investigations of Jtho relative rights of barbarous nnd civilized na tions? The right to liny, no ono could doubt. But that is not. the question which was presented to the great tribunal of public opinion upon tho dis covery of America, nnd which has been so often investigated and decided. Which the most able juriUi Invc discussed, and traced to its first princi pics. That question is a far different one. It in- j volws conflicting interests, and enquires which | -hall yield. The eminent men, whoso opinions! have been quoted, connected the discovery of America, and the pretensions and conduct of the nJventurers, with tho rights of the barbarous poo- p'e then fir.- ! made known to Christendom, nnd de cried that the latter had yielded, and justly yielded to the former. But their speculations would have) been ns unworthy of them, ns of the subject itself,) if the whole question were merely, who should buy and fairly buy the property oFlhy Indians. Wuroj they correct in their opinions, that the charters in volved tar more momentous consequences ? Let those instruments decide. That which was grant-' od to UoluiJibiH, pvite's that “ inasmuch ns you, i Christopher Columbus, nr" going, by our command, to discover nnd conquer, &■»•. eeitain Islands and mainland, u i:. and it is hoped, with the assistance of God, that some of the aforesaid islands and main land in tho said ocean will be discovered and con quered, through your labor and industry J” &c. “ And in order that in tiio said islands and main land, which are discovered, and shall bo discover ed hereafter in said ocean, in the parts mentioned of tho Indies, the inhabitants of all that country may NUMB EH* 35. be better governed, wp give you such powor and cu'U and enmmat jurisdiction, high nnd low, Are.” J he commission to Ward and others in 1501, nut lori/.cs these persons, “their heirs, factors nnd ueputi H to sail to nnd explore, nt their own cx- pensc.*’, ai) islands, countries, regions and provin ces, what.-mover, in the eastern, western, southern nml northern seas, unknown to Christians, and to net up the royal banner in such places, asthevinay discover, and to subdue and take possession of the same, »x.c.” I he earliest Knglisn Commission is that to Cub- ot:--lt grnutH ami gi V ns license to the mono or either of them, their or either of their heirs or dep uties, t al,ix our aforesaid banners nnd insignia in any toivn, city, castle, island or continent, by them newly dineovcred, &c.” Quim'ii Elizabeth’s charter to Sir Humphrey Gilbert,empowers him “ at nil times hereafter to discover find, search out nnd view such remote heathen mil barbarous lands, countries nnd territo ries, not nsiually possessed of any christiun prince or poopU, us to li..ii, his heirs, nnd assigns shall seem g<od, and the same to have, hold,occupy and enjoy t" him, his heirs und assigns forever, with all commodities, jurisdictions and roynlitios by hoh nud land and further, “ shall have hold and occupy all the soil of all such, & c. and of ail cities, castles towns and villages in the same, w ith the rights, roy al lies and jurisdictions, &c. To Sir Walter Ituleigh is granted “ all the soil, of nil such In mis, territories nnd countries, to be discovered und possessed ns aforesaid, and of all such cities, castles, towns, villages nnd places in the same, with the royalties, franchises und jurisdic tions,” A’C. The patent from the KingofFjance to tho Sicur do la Roche, Lieutenant General of Canada, in l.W, empowers him, “ loonier those foreign ports, to obtain possession of them, on amicable te rms, and if necessary, by force of arms $nd strong hand, and all other modes of hostility, to attack towns, forts it', dwellings, to bring them in subjection to us; to build other towns and forts ; to make laws, Riot* nates and ordinances, and to cause them to Ire ob served ; to punish or pardon delinquents, ns shall seem to him pood; Provided always, that they bo not occupied by other powers friendly to us,” &c. Those are tho more ancient charters* Of the modern ones, let that granted to Massachusetts serve ns a specimen. “To take and to hold the said partofNcw Eng land in America, winch lies and extends and is abutted as aforesaid, and every part and parcel thereof, and nil the said islands, rivers, ports, ha vens, waters, fisheries, mines, minerals, jurisdic tions, franchises, royalties, liberties, priviliges, com modities, hereditaments &lc. whatsoever,to the said &r their heirs &c. forever &c.” It may be asserted without the fear of contradic tion, that every charter to every British colony pri or to the independence of tho United States, was equally general in its grunt of soil and jurisdiction; conveying a* expressly no words could convey, nil the objects, upon Which political powor can oper ate. And wlmt constructive restraint can be impos ed upon terms, »■> plniit and comprehensive in their Signification, by which tliqpo “ lofty” expressions may bo brought down to a simple declaration to tho civilized powers of tho earth, that they must not interfere) with those grantees in nny purchases they might make of tho Indians, and to a mere per mission to make such purchases? Will that lirni tntion I*" found, as has been suggested jn thoopin ion of the Mnpremn ('ourt, in the* power to nnko there tor the future, ihoy become the al«olut« ami sole proprietors of it, and alt that it contains ; and have a rijjit to exclude nil other nations from it* ar.d dispose of it, as they think proper.” “ It belong* to tho possessors of course, to make the distribu tion ofthoir territory, and every thing attached to “There is,” snrs Valid, Another celebrated question, to which ils? discovery of the new world has principally given roe. It is asked, w hether a nation may lawfully take possession of sonic part of a vast country, in which there nre none but cr- ntjc nation's, whose scanty population ih incapable of occupying the v. hole. We have already obsorv- od, in establishing the obligation tc cultivate tho earth, that those notion* cannot exclusively appro priate to vhemsctve* more land than th*y have oc casion for, or more than they are nbie-to settle nnd cultivate. Their unsettled habitation in those immense legions cannot b*j accounted u true and legal possession, nnd the people of Europe, too closely pout up ot home, finding fond of which tho prvagps stood in no purticuta need, and of which thev made no nfttu&l arid constant use were law fully entitled to take nnd setth it wjth colonies.” We do not therefor** deviate from the views of nature, in confining tho Indians to nanower liin- “ \Y1icii a nulion lakes possession of a coun try, to which no prior owner ecu lay claim, it is considered os acquiring tho empire or sovereignty of it, at the sonic lime with the domain.” “Wo shall proceed furl her rnd pHw the natural connex ion of these two rights, (the domain and tho gov- rnrr.rtnt,) in an jpJependot nation. How could she govern her self i.t her own pleasure in a country, if he cannot truly and al*N>lntoly dispose of it ? And how could *he have the full and absolute domain ol’a place, where she has not tho command.” The historical fprt« and opinion* bearing upon this question, aro in cmMnanoc with the deductions al ready quoted. wbic*h have been drawn from the laws of m.ture ansi nations. Tho Abbe Knytial, spenking of the settlement of Brazil, observes, *• vheir charter authorised them to front the people subneted to them, in tho manner they thought proper." The same author alluding to the purchases inn do from the Indinns by William Penn, in addition to his charter from the King of F.ng'.nd remarks, that “ ho is entitled to the glory of having given an example of moderation nnd justice in America, never so much r.s thought oi before by the Europeans. Although the eloquent historic*! of the Indies has overlooked the prior example of many of the Puri tans, still his panegyric upon Penn is not the less merited. Am! Vnttel, who does justice to both of these patties, thus contrasts their conduct with that of tlu'ir riredeconoorn and contomporariei, in the great work o r discovery nnd settlement. “ People have not then deviated from the views of nature, in confining the Indiana within narrow limits. However, we cannot help praising the mod eration of the English puritans, who first settled, in Now England ; who, notirithsiund''“f their being fur nished with a charter from their sovereign, purck’.'.JL'd of the Indians the hmd,thrv resolved to cultivate.— This laudable example was iullowedby Mr. William Penn, who pluntod the colony of Quakers in Penn sylvania ’’ Did it crer occur to either of these celebrated writers, that neither the pilgrims of New England nor tho founder of Pennsylvania had any chum to the possession of the conntriea, included in their charters, untd they purchased the usufructuary right of tho fndiansP The pinise of humanity in award ed to them, not for doing what, upon Ibis gratuitous assumption, they must necessarily have done, but for abandoning their rigbte, and sacrificing their in terest to their Konse of equity For holding in abey ance their legal claims, till to these were added th® voluntary relinquishment of the primitive people, who, bv s law of steru neceuuity, were to disappear before them. Professor Eliding, in Ids History of Pennsylvania, translated by Mr. iluponeenu, says, “ This tribe,’ the IMawaro* “by a formal contract, ceded the bind to William Penn, who wished to make his set tlement on a soil rightfully acquired, tmi on a prin ciple that had never hefon bun recoguixcd in t/i* en- tunUshnient of any European colony. Who does not wish to become more intimately acquainted with this mnn, whose noble spirit raised him bo far above | the age he lived in Noble, ir his continuation of Granger, is equally Flruek with the disinterested coarse of Penn. He .occupied his domains by actual bargain and sale with tho Indians Thin fact does him infinite honor.— ’ \ ‘ 1 • And docs that pow-j i»,. n n has thus taught us to respect the lives atul pro rP , 1 IT rented nnd understood, operate, by J parties of tiio most unenlightened nations. ’ ■ccssnry i:npli!.‘iition,^to^excjudii from the jurisdic- Hut (lie fact could do him no honor, if be bought only what he had no rjjjht to take without buying.— necci tion of tho colonies, nil tiio Indians Jiving within their boundaries ? Lot ns examine. Tho first charters conveyed authority. “To take and sur prise by all manner of means whatsoever, all and every person or persons, with their ships, vessels, nnd other goods nnd furniture, which without the J license of the said Sir H. &c. ahull be found traf ficking in nny harbour or creek, within the limits aforesaid &c. und those persons nud every of them, with their ships, vessels, goods and furniture to detain nnd possess as of good nnd lawful prize, neenrding to the discretion of him the snid Sir 11.” &r. without any direct allusion to the natives. The object of these provisions was to enable the colonists to protect themselves from the attacks of Europeans, us is apparent from their union with the power to seize tho ships, arms, ammunition nnd other goods of invaders &c ; njid from the cautious declarations, that those, who committed hostilities without just cause, should be placed out of the King’s protection. A clause, which is well known to have served as a pretext fur tho sacrifice of SSir Walter Raleigh. It is only at a later period, that tho Indians -re introduced into the charters, in connexion with tho war making power. And then, to enable the colo nists to carry on any necessary opr rations against them, without being stopped by their chartered limits. Connecticut is thus empowered, “ upon justjeauses, to invade und destroy tho natives or oth er enemies of the said colony.” The word natives here is obviously synonymous with Indians, and not a descriptive epithet, embracing only tho native born aborigines of that colony. “And because in h») remote a country,” says the Charter to Bunn, “ near ho many barbarous nations, the incursions us well of tho snvngCH an of other enemies, &c” are to he feared, therefore the power of war is given. “Incursions” into what ? Why, into William Bonn’s province. And by barbarous nations, who are, “ near,” not in it. The solution of the apparent difficulty in this would such a Jew mn bo worth cominuniouting or inculcating. Hu? Perm's own opinion upon this topic is conclu sive. in liia Idler to tho Lords of the Committee of Trade and Plantations, in I(ih3, he Bays, “ I have followed the hishop of Loudon's counsel in buying, nnd not taking away the natives’ lands,” Ac.’ Ilia right to take them was evidently never doubted by Imnself or others, but, advised l»y tho pioua Coinp- tion, he adopted the wiser an well ns better course, and lie thus acquired tor hiuimdf an unhiding re nown, and for hi* Province a happy exemption from many of thorn* wars, which devastated the oilier Co- lon.ee. His bingrnper, Clnrkeon, speaking of this distin guished act, says, “ lie proved himself, in this in stance, above tho prejudices ain^ customs of tho times.” if these “ prejudices nnd customs” did not sanction the acquisition of the In .’inn lands, with out the consent of tto roaming occupants, nnd if hi* charter was “ considered ns blank paper, so fur n* the rights of the natives wore concerned,” this inci dent in the life of Bonn, so illunlrntivc of his own character, and of the principles of the sect to which he belonged, has been wholly misunderstood. Jt dwindles into tho mere purchase of un article* he was desirous of obtaining, but which he could not obtain, without such purchase. Graham, in Ins history of tho United States, re marks, that in the settlement of Maryland, »fie emi grants, “ aware that tin* lirt;t settlers in Virginia hud given umbrage to the Indians, hy occurnjinfr their ter ritory without demanding their pi rmissiun," deter mined to “ unite the new with '.he ancient race of inhabitants by the reciprocal ties of equity und good will.” The same author, in speaking of the Butch, ob serves, “ their first settlement was olfected appa rently without any equitable remuneration to tiie In ti Ians Chalmers, the accurate nnd laborious annalist, thus states the general principle : “ The American emigrants settled in a region, which was regarded by them as a territory of tho English empire, because it had been first discovered and first occupied, by virtue of commissions from > io ? "P r,n V," H .' !rr "'‘-‘- AI1 ,h,! i til. C rrat wul of linpland. ' Tile validity of tin, ti- i:i tin; cl mil ore. I limits of every Colony, were tho , t| 0 | )JU i been recognised by the approbation and prnc- legnl subjects of that colony, responsible to its gov- I tic.* of the European world. And it had been con- ernment, in any way that government might think , firmed by the law of nations, which sternly disre- properto control them. If, os is evident from tiio whole tenor of hii-tory, llio charters, strirti juris, conferred the absolute dominion within their boun daries, all persons living therein, were- subject to the jurisdiction establi -lied, nnd liable to be punish ed at discretion for contumacy, No power to make war upon such persons was necessary. The pow er to suppress their resistance and to restrain them in sobjection, was necessarily incident lo tho na ture oftho grant. This doctrine is well stated and illustrated by Douglass, in Ins history nf the Brit ish scttlcmelits in North America. “ When the country of the Indians nt war with us lies upon our own frontier, hut without our grants, 1 call it war, in the common acceptation ; if within our grnnts, ifurilnd the possession of tin* Aborigines, because they had not bten admitted into the society of na tions.” “ Afterwords,” says Douglass, “ in place of prior discovery, pre emption of the Indian natives und oc cupancy was deemed a more just and equitable title.” Gookin, tiio friend of the Indians, in the quaint style of llio day, observes, “ if any should object, that it is not necessary the English should grunt them (the Indians) land, foriunnuch as it was all their native country and property, before the English came into America; tho answer is ready. 1 irst, that the English claini right to their (the Indians’) land, by potent from our King.” Among the proceedings of the Massachusetts go vernment, is tiie following, in 11*113 ““ our g™"w.| and d-L-d lu- .Id. Court and th. lull «.llio.it i mir Hotll.-uirnts, I call it an eruption; thorit , hfreof thatTli.tIn."'.«">• ofth«Indian. Ill ir procluitmt.ons nfrninst tlicm, it i« calk'd n „„d imjn.nrr,!, >nj suiting I hr (u mt, r.M)''Mion, as in nil tho New England wars with the t ),„ v j saVP ;; just right un? >, according to that in Gen- Alm.i'piica; if intermixed witli «»ur settlements, it i-nis 1,2tf,a:i.” A is is the very doctrine of the de- i« an insurrection ; such pero the wars of the Pc- inentary writers, that the Indinns may be tighlfully quots, anno 1GJ7, and of King Phillip and his con- confined to the Imul they need.” federates, anno 1(105.” I “In America■" says Robertson, “ every Indian is U in ftnv viow.it is not easy to pereoive how »iil'o r an ..mnerliata vasssl of tho Crown, or d.™nd» ‘"eel oftho colonist, coo L rolled by tho d’ftJ'.'M ,.r... .sirjn, that tho <■.....«! of war must bo just 11 un drrth« denomination of un mcomicmln." they had n right to the country nnd iti inhabitants | t were a useless waste of tone and labor to mul- utiy ‘‘Hurt oftho Inttor to interrupt this right would | t jj,| y tii«s*« quotations. They abound in every histo- oausi of war, and such war would oe waged ry of the dii ntofthe Western for their “ defences." To ascertain the justice of j CJontinent The subject will be closed by a brief the war; tho right* of the parties must bo previous- - - “ ’ 4 . »«*u« w u»*;«-. !y uncurtained ; tho former depending upon the latter, und uol tho latter upon tho former. Such arc- the views, presented by a cursory ex amination of the charters. These views are forti fied by tho opinions of elementary writers upon natural law, by the concurring testimony ofhiatori- nns, and by the decisions and declarations of judi cial tribunals nnd public authorities. Marten any* “ from the moment a nation have ta ken possession ofn territory in right of first occu pier, nnd with th* design to establish themselves of t\io judicial" decisions and authoritative declarations, winch benr upon this question. After a very ublo historical summitry and an elabo rate enquiry into tho general doctrine of the right* resulting from discovery and setllemont, the Su preme Court of t.io United States, in the caso of Johnson ts Mclntosli, thus state tho acknowledged principles. “The L'nitsd States, then, have une quivocally acceded to that great and broad rule, by which its civilized inhabitants now hold (Iiis coun try- They hold and assert in themselves Ihe title, bv which it was acquired.' They muint.in, as ail others have ramatuitiod, that discovery gave nn ex*

Georgia Historic Newspapers

The Georgia journal. (Milledgeville, Ga.) 1809-1847, April 19, 1832, Image 1