Newspaper Page Text
JJy JlYRorf /Jartlett.
MACtM WLB
llatt*. Telegraph Is published every 8*
“nSct on Mulberry Street, exit side.
’ Tuhisb Dollars * y car ’ if P a 'd in a( l-
noLbAM. if not paid before the
Subscribers living at a distance
all cases to pay in advance.
T*
, orfOO* l
2the;«f‘
JUcrhlo Cloths.
I 'T rtceived, an elegant assortment of iwc-
iP Cletiwi Merino Shawls and Mantles.
I"* 0 extensive assortment of fine Bools
dec 23 54
A.f>«OT\VELL4b * -I. SMITH.
rTyiHEM AN UF A CTITKEH,
xciitsar SK.VK ™inn strkkt.
I»e subscriber manufactures mid keepscon-
1 iisstly on hand a general assortment of
, Sin Ware* *
L_illK.ll WHOLESALE and RETAIL
Kush or Augusta prices.
In VVOIiK. dime at the shortest notice at
Ii'„ Third street, next door to Ellis
Jfc t'o. WILLIAM 8. ELLIS,
•ajilto F.ll;», Shotwkll &.Co. will
unapt attention.
c!i 1
MACON, GEORGIA, SATURDAY, MARCH 24, 1833.
Vol, VMfo. 12
English Merinocs.
rrnl\0 siio»ro SHAWLS—just received
ft, war. ii.burdsall.
3
54
IRON.
tons Swedes IKON, assorted, for sale,
i lots to suit purchasers. •
[jo 51 DAY & BETTS
Notice.
subscriber having sold his whole stock
jTrails to WILLIS T. SAGE, thebusi-
[, future will bo carried ou by him at tbe
■ .ram which I have occupied siucetbe fire,
1 rr street. OLIVER SAGE
Lux. 4tA, 1832. 73
TO THE MEMORY OF A SISTER.
Not in th j> sunless grave
Mct'iiuks thou art,
Sister! w hose memory deac •
Live | in my heart!
Hut thriii:! d above yon azure sky,
“ I lion art not dead, thou couldst not die."
T were s'imc reliefcould I have watched,
Resile thy bed,
And enz-jd upon thee, calinof eye,
Till life had tied—
JJ'orniing the icy haud of death,
with foul affection's living breath!
When l<jst wo met thy look was sad,
T1 mu spokest no word—
Hut in thine eye the bright teur shone,
Tin - heart was stirred—
Little 1 deemed, our parting o’er,
That wt should meet ou earth uo more.
Yet weep I not; methinks 'tis well
LoVe'si chords ure tonf;
Thou drankst the cup of bitterness,
I n life's fair moru— •
Aud now art sweetly sleeping,
With tho green sod on tliy breast,
Where the wretched cease from weeping,
■ Aid the weary are at rest. •
DISSOLUTION.
HE Cdi’AU VNERSHIP under tho firm
»i. teuton & co.
on tho Kith October last. Thoso in
to said firm will settle with M. Fulton,
fully authorized to receive anil settle all
against tho firm. M. FELTON,
W. B. CONE.
SUBSCRIBER continues business nt
the old staud, where ho'hnncs from his
stioaaad the cheapness of ids GOOD; 1 !
e liberal patronage., In addition to his
Lock, he lias received*# full aud complete
_.orbncBt ol Dry Goods*
[hoes and Boots, Saddlery, Cutlery and
Groceries
Iliads: winch will be sold as low as any in
*tu M. FELTON.
129 33
Just Received,
pieces Negro Cloth
I 2 bales Red Flannel
irnlcby WM. H. BURDSALL.
MG 48
NEGRO CLOTHING. .
[HE subscribers havo received a large and
I extensive assortment of Negro Clothing,
)wittbewM atasmtU profit.
A.8IIOTWELL & J.-SMITH.
IACTICE OF MEDICINE.
The subscribers have united In the
. Practice of Medicine. Tbeirsbup is next
’ door to tbe Repertory office.
AMBROSE ltd BER.
JAMES T. PERSONS.
Macon, May 3 |9
RYE GIJY.
Barrels “i’lulpU" best Ilye GIN, expected
lo arrive tomorrow, w ill lie sohl low from
Apply to DAY & BUTTS
| .9 51
VHE UNDSRSXGZ^IiD
[.WING purchased the interest of Messrs.
KIMBERLY & CHISHOLM, in the
able establishment, has located himself in
s house below the corner, ou Cherry street,
octnpied by thorn, where ho will sell
is low as any other house in this place, for
|«Cotton.
i is now very complete, comprising al
y article fur the country; it consists of
DRY GOODS,
j Halt, Shots, Hardware, Groceries,
Salt* Iron* &c.
i old customers aud tiio public generally,
ttfully invited to call, ns tho same faciu-
loforegiveu will still exist,
f tear of bis Store is a New Wnro House,
sbcil, and now ready for the reception of
yxlucb ho will take on Storage, niutm.ikc
u advances ou the same.
**• 4 GEO. WOOD.
r..,.,„J;aw Notieo.
,H'N F. HARRIS and JAMES M
[BJliTlI have associated themselves in the
ihe Law utulcr the firm nml style of
“ V't*<f;V They jvill practice in nil the
. .the * lull Circuit. Their office is kept
Pj»twn end of Griffin’* building, Farsytn,
"•place one of die firm may at any time bo
119 * ®[^ cnt professional busiuvss.
iff* ^ n , bb ?? Over Shoes.
received and forsala by
l v WM.IL BURDSALL.
■" 03
ac Cabinet Maher's Ulioj).
The undersigned having pnrchxsed the
"l , * r * 1 ‘ , »'iiliuliin tbs shop lately oceu
tied by MrC. Coupee, on Cherry street,
fku aoor * • lK,V0 Clarke’s Hotel.. Uke
ir* •pportooby Of tendering lo llicir
.ft™*b°J'oblie Ihelrsorvlees bi the
jK&Nfal Business.
rialt on linud u gomliupply
S^i. b rar ,,o “ Nuuev,ryde -
Bookcases, L’bulrs
•uSrS?" of TURNING done as above.
0 .V ;e, f nt Turning Lathe, (Ike on-
' U ° U3r - cbtufetefflnX" -
- M JAMES A. HALL,
JOHN MORELAND.
a Greek, by
k ’ ’ ull,or 01
j Xu'. X\v , '. A ' ,l ; s *"d AMUSEMENTS.
"’ll El I received by
^LUS, SIIOTWELL & CO.
Vf’.RY L.VfE FROM EUROPE.
[Hy ship Sampson at New York]
The most important intclligeucc by this arriv
al, is tlie account of a conspiracy to overturn the
French Government, which disclosed itself on the
■light of tbe 1st ult. hut was put down, at least
for the present. The New York paper is full of
the del ids, of which we have selected ns much
as wo cou! »fiml room for this morning.
Tlnvucxt.suhject of interest, is the official re
cognition by France and England of Leopold, as
King if Belgium. Tho Plenipotentiaries of Rus
sia, Prussia and Austria, stnted that they had not
up to tho 31st January received the final instruc
tion* of their government upon tho subject; aud
at their request tho protocol was allowed to rc-
maiu open, that it might be signed by Uiont, if
they .should hereafter receive instructions from
llicir respective governments to do so. Lord
Pnlmorston stated, in the House of Commons ou
tho 4th ult. in answer to a question put to him,
that lie confidently expected the other three great
powers would finally ratify tho treaty—lint a ve
ry different opinluji is expressed by some of the
London papers.
Tho King of Holland’ appears determined not
to submit jo tho conditions prescribed in the trea
ty of partition, aud at the last dates was concen-
tratidg bis army, all officers absent on furlough,
or otherwise, being ordered to join their respec
tive corps on or beforo the 1st of March. The
Princo of Orange and Prince Frederick were to
leavo the Hague on tbe 3d ult. for tbe head
quarters at BoisleDuc.
Tho enthusiasm of tho Dutch pcoplo in the
cause of' their Kiug, is evinced by the alacrity
with which the new loan required by the exi
gencies of tho country is filled up, 77 millions
having been subscribed in a very short time.
Tho cholera is increasing in Nordi Britain—
there had becu 244 'cases and U3 deaths at Mus-
•elborough. up to the 1st ult. anil 5 eases nml 2
deaths in Edinburgh. Tho grand total in Eng
land and Scotland, as published on tho 4tli Feb
ruary, was 3148 coses, and I(Hi!) deaths.
Rumors had bocu in circulation in London that
Lord Anglesoy was about to quit the Lord Lieu
tenancy of Ireland, hut tiicy were not confirmed.
United States’ Bank Stock was again on the
rise, at Now Yorli, sales having been made on die
12th inst. of 150 shares nt 126 dollars. Bills ou
England arc quoted 10!)j a 110.
Tho Reform Bill is still dragging slowly in tho
1 Iouso of Commons. Sir Henry Parnell, the *cc-
retarx.of war.dtas resigned. I to absented him
self from the House ou a question embracing the
the fnrcigu policy adopted by the British govern
ment.
j Don Pedro nail taken formal lonvc of Louis
Phillippe, preparatory to cmlinrking on his pro
jected invasion of Portugal, lie was dressed in
Portuguese field marshal’s uniform. •
from the Constitutionel of Friday.
CONSPIRACY IN PARIS.
We havo had another attempt, ax criminal a*
impotent, against the Morinrcliy of July. The
following ore the particulars regarding it, which
wo have collected with care—
Smuo individuals came, n few days ago, to
breakfast nt a Traitrur’s of tho Rue des Proucai-
rrs, niul asked him if he could undertake to sup
ply n repast for 200 persons? He refused ou ac
count of his want of room. However, tho samo
perilous returned yesterday (tho 1st February) at
■ova l p’clnc’k in tho evening, and amlDuuccil to
tho Traitcur that they would bring tho same day
n numerous party for support they overcame the
fresh difficulties that were started, by depositing
an c truest for tko cost of tho entertainment, and
even for the value of the silver plate.
Tn'.vards tcu o’clock in the evening, tho Salon
of tlu Restaurant, was filled with about 100 per
sons, several of whom had a figure and dress
more thau equivocal. However, the repast ter.
allotted tranquilly; there wasiionlhniouto poli
tics, l nt the company had the air of having some
thin.; on their minds. At midnight a quantity of
armi of all sort* were introduced into tho house,
nnd immediately distributed* it is even said that
tho pistols and fusils wero loaded without con-
ccnbnent. . , •,
Tho authorities, for some days m possession or
information, had tnken nil measures of precau
tion necessary for the seizure of the pcrtiirhators
liefere the execution of their projects. T lie clner
of the municipal |»olice, acconmauied by a do-
tnrhmcnt of the municipal guards, and a city of
ficer, retired to llio houso of tho Restaurant of
tho Rue des Proutairts, wltero the police knew
thvt the bonds of the movement, winch they had
we tched, were assembled.. M. Garber sent to
thorn n city officer to Biimmoutlicm to surrender.
I’oucrlct answered by the dischnrgo of a pistol,
which took effect on bend of tho officer (he
has just expired.) They then dashed into the
room where tho murderer was tnken with the
baud. They seized tho list or conspirators, arms
of nil sorts, money, the keys of the Louvre, &c.
lu tho attack aud defence there were several
wounded; a uinn was also killed on the side of
the conspirators. . , .
It appears that divers circumstance* had for
several days put tho police onAho_ track ofthi*
infamous conspiracy. Several of th* Old Lards
du Corps urrived nt Paris. White in " popular
society a mould was made of die mask of Lohcs-
piorre, there were distributed in several quarters
of Paris, casts representing this personage of ter
rible memory; there were also distributed medals
with tho effigy of Henry V, white and red labels
against Louis Philip and his family; they were
thrown into the guard rooms, where- the soldiers
of tho lino ami tho National Guards tore them
with indigaatiou.
For several days too, l idivulonls whose opin
ion! were known, had hem heard in coffee bouses
to announce a movement towards the end of the
month; aud other individuals of different opt
ions wore heard to say to them, “Yen think that
sve will draw tho chestnut* out of the fire that you
may eat them; we will rather cut your diroats."
In short, it was mentioned os a certainty about
tho Clmmbor of Deputies, that there had been
seized an act of .association between the Cnrlists
and Republicans. The following it is said ore
tbe bases :—
"To unite for the snko of overturning wlmt ox
ists, to convoke the Primary Assemblies, nnd to
refer to their decision the mode of government to
be adopted.”
Paris, Feb. 3.—Had success attended the plot
.of tho conspirators, svhieli was discovered the
night livfoie Inst, it' is impossible to say what
might hnvoTiccn tho conspqueuco to Prance nnd
to Europe. They contemplated nothing less than
a change in the Government and dynasty, though
what was to be substituted in their stead, seems
uevur to havo eutered into the heads of tho lead
ers of this audacions enterprise. The only ob
ject aimed at was Use subversion of the existing
order of things; for os the conspirators consisted
of Cnrlists nod Republicans, no' congeniality of
sentiment on the subject of the institutions by
which their country was hereafter to be governed
could bo anticipated, and it docs not, therefore,
appear to have been discussed. This affords no
bad typo of the ferocity of tbe political hatrcif
here. •
“More than 1500 persons are known to have
been implicated in this husiuoss. Two hundred
and fifty-one hnve been apprehended; among
them ore aM. Pcuielot, a M. Delavaux, and tho
President of thu Societe des Alms du Petiole." •
Liverpool, Feb. 4.—Of Cotton, tho surplus
conics forward sparingly, nor does there seem the
immediate prospect of any Increase. The state
of our market for several months past has beeu
very discouraging to shipments. Last week 7150
packages were received, and 14,770 sold. Du
ring the present the import has been very light,
and amounts to 9111 bags and bales: with abrisk
and lively, demand the sales sum up 25,216 park-
ages as follows: 11,866 lings Bowed* 5d to 7d;
2774 do. Orleans at 51 a 8*1,10 at 84: 3518 Ala
bama 4)d a Gjd; J LS Sea Islands !)Jd to 15d; 30
stained 7d to 84; 1918 Bahia Cd a 7(d; 1112 Ma-
ranhaul’* Cjd a 8d; 28 Dctwara 84 a!)J; com
mon West Indian at 01; 402 Egyptian 7U u 9d;
1195 Surat 3|d a 4}, 20 at 5Id; 261 Beugal 3jd
a 4d. There has been throughout the present
week a very good inquiry beta from, the frado
and 011 speculation; with the latter object, about
5600 bales of American, of common quality, have
been purchased nt 5d a 5)d; also, *somo par
cels of East India for shipment. With so'brisk
and general a demand, an advance of.(d a |d
lias been established on the lower qualities of
American, and on all other descriptions Jd jierlh.
Tho market closed yesterday steadily, but with a
less urgent demand than the two preceding days.
Since the beginning of the year our stock is con
siderably reduced, being nt presetit estimated at
only 182,500, whilst nt the corresponding period
last year there remained on hand 225,400 bags
and bales.
From the London New Price Current, feb. 7.
Colton.—The demand for Cotton , for export
has beeu general—the prices are ratlicr Idghrt.
Sales this week are 1600 Surat, ordinal^ middling
4da4]d; 110 Bengal, good f*jr,-41 *4|t 410
Bowed*, ordinary to fmc 5|d a 6jd; 1210 Egyp
tian, fair to goud fair, 6}d a tljd: TH10 SuriitS,
public sale, middling to good, 4} n 4}d; 60 Ben
gal, do. ordinary 4<J to 4jd.
GEORGIA QUESTION*
There is more mischief brewing.
The Supreme Court has doeided against the
State of Georgia—aud the blow was followed lip
iii .the House of Representatives by a Memorial,
presented bv Mr. Adams from the City of New
York, on tin subject of the two Missiouurics,
confined in the Fonitcutinry.
The Decision ortho Court is ultra. It goes the
whole against the rights and sovereignty of the
States. It must startle every man, wlm is for
preserving to the State Governments all the pow
ers which havo beeu reserved to them. The
power now claimed by tho United States over
the territory of the State of Georgia i* not grout
ed by tho Constitution. It gives Congress the
power to regulate trade with the Jmliipi tribes—
uiid uothiug more.—It is not believed, thatGeor-
gia will submit to the decisiou—aud when it is
certified to her State Court, they will take e i uc-
coutit ofit. What then! Will the Supreme Court
ho so infatuated as to persevere—aud koto fur
ther process in the case?
The metnorinl laid before tho Houso of Repre
sentatives on Monday, throatcus to call up another
Missouri Question. The excitement produced 011
tho very presentation of it- was alarming.—
‘•Would that Houso (exclaimed Mr. Clayton of
Georgia) consent to make itself the instrument of
adding exeitemeut to excitement, till they should
rend too Union to pieces? A fow steps more, and
they would bring liioso Stutcs to a condition like
that, in which the colonics were immediately be
fore the rupture with Great Britain. Ho warned,
ho cautioned gcutlemen; ho would uot stoop to
cutroatthcm. Memorials like these could be got
up atony time by a set of deluded fanatics. Con
gress should look to the condition of the Old
States, aud uolby arccklesnud unfeeling course
provoke them yet farther. Ho prayed gentlemen
to con.idcr. Ho warned tho _ I Iouso to proceed
with prudence, aud consideration, and though ho
would not implore them, yet he earnestly waruod
them to disregard such n memorial.’’
Mr, Drayton qf South Caroliua nlso raised his
warning voic6: “Will it uot he likely to increase
the agitation which uow pmaJes so large a por
tion ol the community—to exasperatoto madness
the citizens of Georgia, already couviibed by die
strongest excitement to influeiico U10 public mind
—an excitement, which., wljbout the iltegitmate
ami inflammatory interposition of this JIouso,
may impel thorn to acts, which might involve
us iii the horrors of intense war, nud shake tho pil
lars of the Constitution to its centre? Docs nuy
member of this House desire this? Are wo con
vened hero to dissolve the bonds which connect
llicso Uuiu d States? Are* wo uot hero fur the
purposo of strengthening, of consolidating tho
Federal Uiiiuu? And if, by expressing nn opin
ion, we do aught to impair its integrity, or to uu-
dermiue it* performance, are we uot traitors to
the constitution, and to the laws, and to the sa
cred obligations which aro imposed upon us."
The motion to lay this memorial jm the table
was lost by 91 to 92. Some of the Southern gen
tlemen trert not in their seats. If they had been,
the question would have been carried against tlic
agitators.—Richmond Enquirer.
Georgia and the Missionaries—The New York
Journal of Commerce or the 9th inst. says:—Mr.
Chester, tho Attoruoy for the Missionaries, has
proceeded to Georgia wiih a cony of die record
aud judgment in the Supreme Court, expecting
lo arrive before the adjournment of t* ,e Court hv
whom the Miviiouarics were tried and soiitenCod.
In tho remarks of the Chief Justice aud Julge
M'Lcau, it was intimated that ou luc stria «a
forccmcnt of tho decision might depend t'to ques
tion of the Court's ettr reassembling.
THE CHEROKEE CASE
Opinion of the Supreme Court, delivered by Mr.
Chief fustics Marshall, Jan. Tens, 1836. -
Samuel A. WoacesTkars.'l'ho State of Georgiat
This eause in every point of view in which it
can be placed, is of tlm deepest interest.
The Defendant is a State, a member of tho U-
uion, which bus exercised tho power* of Govern
ment over a people wlio deny it* jurisdiction,
and are under the.protection of tho United‘States.
The plaintiff is • citizen of the State of Ver
mont, condemned to hard labor for four years iu
tho IVnitentiary of Georgia, under color of nu
act which he alleges to bo repugnant- to die Con-
stitutiqu, Laws and Treaties of tho Uuitoil States
The 1-egislutivo power of a State, the controll
ing power of die Constitution and Laws of the
United Stater, tho rights,If they havo any, the
political existence of u once numerous aud pow
erful people, tho personal liberty of a citizeii, are
all iuvolved iu the subject now to bo considered*
It behooves this Court iu every case, more es
pecially in this, to eXUniiiid into its jurisdiction
with scrutinizing cyos, before it proceeds' to the
exrrciso of a power svhieli is controverted.'
The first stop in tho performance Of this duty
is the inquiry whether the record is properly be
fore tho Court.
It is certified by tho Clerk of the Court which
pronounced tho judgment of condemnation under
winch the plaintiff iu errqr is imprisoned, nml it
is also authenticated by tho seal of tho Court. It
is returned with, and annexed to a writ of error
issued in regular form, the citation being signed
by one of the Associate Justices of tiio Supreme
Court, nnd served outiie Governor and Attorney*
General of tho State more dian thirty days be
fore the comuicurcmcut of the term to which the
writ of error was returnable.
Tho Judicial Art,* so far as it prcscrilies the
modo of proceeding, appear* to have beeu literal
ly pinned.
In February, 1796, a rulef was made on this
subject iu the following-words;—“It is ordered by
theCourt that tlm Clerk of the Court to which a-
uy writ of error shall he directed, may make re
turn of the same by transmitting n true copy of
die record, and of all the proceeding* in the same,
uuder his hand ;lud the seal of the Court.”
This has been dono. Buttlicsigimtureof tho
Judge has not been added to that of tho Clerk.—
Tho law does uot require ib Tito rule does not
require it.
In tho disc of Mortin vs. Hunter’s! lessee an
exception was taken to the return of the rcfusnldf
the State'Court to enter n prior judgment of re
versal by diis Court, beenuso it was not made by
.the Judge of tiio State Court to which the writ
was directed; hut the exception Was overruled
and the return was held sufficient. In Duel vs.
Van Ness,§ nlso a writ of error to a State Court,
the record was authenticated in the same manner.
No exception was taken to it. These were civil
But it Ins beeu truly said at tho bar, tins'.
iu regard to this process, die law makes uo dis
tinction between u criminal and a civil ease. The
samo return is required iu both. If the sanc
tion of tho Court could ho ucccssary forthecstjih-
lishmeot of this position, it has been silently gi-
veli.
M’Culloeli vs. the State of Maryland,|| wn*
a qui lam action, brought lo recover a penalty,
tiiul tlm record whs authenticated hj the seal of
the Court and the signature of tho Clerk, without
that of n Judge. Brown ctal. vs. tho State of
Maryland,' was nil indictment for a fine nnd forfei
ture. T!|c record in this case, too, was authenti
cated by the seal of the Court aud the certificate
of the Clerk. The practice is both way*.
Tho record, dicii, according to the Judiciary-
act, and the vulo aud practice of the Court, is re
gularly befdN* its.
. The more important inquiry is, docs it exhibit
a ease cognizable by this tribunal?
The indictment charges die plaintiff in error
mid others, being white persons, with the offence
of "residing within the limits of tho Chrrokce
uation without a liceuco," mnl “without having
takcu the oath to siinpnrt nml defend the Consti
tution and Laws of tlto Slntcof Georgia." » ‘
Tho defeudnut in the State Court appeared in
proper person, mid filed lifts following plea:
“And,the said Samuel A. Worcester, in* his
own proper person, comes and soj-s, that tlii.i
court ought uot to take further cngoiznuce of the
-fiction and prosecution aforesaid, because, he says,
that, ou tho 15Ui day of July, in dm year 1831,
lie was, and still is, a resident iu the Cberokcu
uation; and that tho said supposed crime or
crimes, and each of them, weru rmnmiltcd, if
committed at all, at the town of New Echotn, iu
the said Cherokcp nation, out of tho jurisdiction
of diis court, nml iiutiu the county Gwiiiuett, or
elsewhere within tho jurisdiction of this court:
And this defeudnut saitli, that ho is a citizen of
tho State of Ycriiumlfoneof the United Chafes of
Aincricn, mid that he eutered the aforesaid Che
rokee nation, iu the capacity of n duly authoriz
ed inissiimary. of tlto American Hoard of Com
missioners for Foreign. Missions, under the autho
rity uf.tho President of 'tlto United Stales, >.ul
has uot sinco been required by him to leujc it:
that ho was, nt the time of his arrest, engaged iu
nrcnchiug the Gosiiel to the Cherokee Indian
tii * are existing at this day, aud iu full foted. By
tii- so treaties, and particularly by tho treaties Ol
Ilopewdl mnl Iiohloii, the aforesaid territory is
Urkuowledged to lie without the jurisdiction of the
several States composing the Ltmut.oi tbe li’uiteti
States; and itis thereby specially stipulated, that
the citizens, of the United States shall not enter
tho afuresaid territory, even on a visit, without a.
passport from tbo Governor of a State, or from
some one duly authorized thereto, by tlie Presi
dent of tlie United States; all of w hich w ill mure
fully and at largo appear, by reference to tlie b-
foresaid treaties. And this defendant saith, that
<he several act* charged in die bill of iudirtmeiit,
were done, or omitted to be done, if at all, within
the said territory so recognized as belonging to
the said NatiuU, nod. so, ns aforesaid, held by
llii-io iindi'i’ the guaranty of the I'uited States—;
that, for those act*, tho defendant is Hot amena
ble to the laws of Georgia, nor to the jurisdiction
of tho Court* of said State; aud that die laws of
the State of Georgia, which profess to add the.
said territory to the several adjacent counties of
the said State, and to extend the laws of Geor
gia over the said territory, and persons inhabit
ing tlm same; and, iu particular, tlie act on which
this indictment is.grounded, to wit: “An act en
titled an net to prcveut the exercise of assumed
and arbitrary power, by all persons, under pre
text ttf authority from the Cherokee Indians, and
tlieirlnws, dud to prevent while persons from re
siding within that part of t Inf chartered limits <>f
Georgia, occupied by tho Cherokee Indiaus, anti
to_ provide a guard lor the protection of*tbe gold
mines, and to euforeo the laws of the State with
in tho aforesaid territory," aro repugnant to tho
aforesnid treatict, which, according to the Consti
tution of die United States, compose a part of
the'supreme law of tho land; and that these laws
ofGcoigia arc, therefore, unconstitutional, void,
aud of no c/li-ct: that the said laws of Georgia are
also unconstitutiu’iial nnd void, liecnuse they iuf-
pnir die obligation of the various contracts form
ed by nnd between the aforesnid Cherokee Na
tion and the said United State* of America, as a-
liove recited; also, that tlie said laws of Georgia
aro unconstitutional nml void, because they in
terfere with, and attempt to regulate add control
the intercourse with the said Cherokee Nation,
which, hy flic said Constitution, belongs exclu-t
sivety to tlie Congress of tiio United Slates; and
because the said laws are repugnant to tho
statute of the-United States, passed ou the — day
of March, 1802, entitled “An act to regulate
trade nnd intercourse with tbe Indian tribes, *Ad
to preserve pence'on die frontiers;".hud that,
therefore, tins Court has no jurisdiction to cause
this defendant to make further or other answer
to the said hilt ofindtctineut, or further to try nnd
piniLli this defendant for tlie said supposed of
fence or offences alleged iu tho bill of iodietnitut,
or any of them: and, therefore, this defendant
prays judgment whetlier lie shall lie held bound
to answer further to snhl indictment.*’
Tills plea. Was overruled by the Court. And
the prisoner, being arraigned,'pleaded not guilty.
The jury found a verdict ngiiiiisl him, and the
Court sentenced him til hard labor, in the pent-,
tentinry, for the term ol foul years.
By overruling this plea, the Court decided that
tho mutter it coutaiued whs not a bar to the ae*
tion. The plea, therefore, must he examined for
the purpose of determining whether it vnakes a
case which brings tho party wilhiu the provisions
of tho 25lh section of the “Act to establish tbe
judicial courts of the United Stales.”
The plea avers that the residence, charged in
the indictment, w.1* tinder the authority of the
President of die United Slates, nud with tbe per
mission and approval of tbe Cherokee nation,
That tbe treaties subsisting between the United
States aud the Cherokee*, acknowledge their
right as a sovereign nation to govern tl>einselves
and all person* who have settled within their ter
ritory, free from any right of legislative interfe
rence by die several states composing the United
States of America. That the act under which
the prosecution was instituted is repugnant to the
said treaties, aud is, therefore, uiiroustitntional
aud void. That the aaitl act is, also, unconstitu
tional; because it interferes with, nnd attempt* to
regulate and control, the intercourse wit a the
Cherokee nation, which belongs, exclusively, to
Congress; mid, because, also, it is repugnant to
the statute of the United .States, entitled- “An
net lo regulate trade nud intercourse with tbe In
dian ttibes, and to preserve |>eacc on the fron
tiers.”
I<et the averments of this plea Ire compared
with thc25tli section of die Judicial Act.
That section enumerates tlie eases iu which die'
final judgment or decree of n State Court may he
revised in the Supreme Court of the United
States. These are, pu here is drawn in question
the validity of n treaty, or statute of, or an autho
rity exert ised under the United ritutes, aad tlm
decisiou is against their validity; or where 1*
drawn iu question the validity of a statute of, or
an authority exercised under, any state, ou tbo
ground of their being repugnant tu the Constitu
tion, treaties, or laws of tin: United States, aud
the derision is iu favor of such their validity; w>
where is drawn iu question tbo coiutroetiou of
any clause of the Constitution, or of a treaty, or
statute of, or commission held under, the United
States, and the decisiou is uguinw ike title, right,
privilege, or exoiiiption, spcrinlly set up or claim-
nnd iu translating tho sacred Scriptures intu their { cd hy either party, under such clause of the said
language, with tho permission nud approval of J Constitution, treaty, statute, or commutaton.”
the said Cherokee nation, mnl ill neeimlan. e with j Thu iudictuieul nail plea, in this rose, draw in
tbo humane policy of tbo Government of tlie l - { question, we think, tbe validity of the treaties
Uiteil States, for 'llio civilization nud improve- made hy the United States with the Cherokee la
ment of the Indians; nud dial hi* residence there, I dians. If uot *0, their emutrtirliou is certainly
for this purpose, is the residence charged in the a- j drawn iu qucstiau; nnd the decisiou has beeu, If
furesnid indictment: and this defendant further not against their validity—“against tbe right,
saitli, that this prosecution the State of Georgia pivilege, or exemplioa, specially set up and dual •
ought not to havo or maintain, because, lie saiih
tlmt suvcr.d treaties have, from time to time,
been eutered into between tlie United Stnti s and
the Cherokee nation of Italians, to wii: nt Hojie-
rrell, on tbo28ili day of Npvtutbor, 1785: at llol-
ston, on tho 2d day of July. 1791: at Philadel
phia, on the 26th day of June, 1794; nt Tcllico,
on the 2d tlay of Oetobpr, 1798: ill Tcllico, ou ihc
21th day erf October, 1804; nt Teliieo, oil the 25th
day ef October, 1803; ut Washington City, ou
tbe 7lh tiny of Jnuuary, 1815; at washiugtou Ci
ty, ou tho 22d day of March, 1816; nt the Chic
kasaw Council House, ou tho 14th day of Sep
tember, 1816; at the Cherokee Agency, on the
861 tlay of July, 1817; and at Washington City,
on the 22d day of February, 1819: nil which
treaties havo hcen duly ratified hy the Seuato of
(he United Stales of America: and, by which
treaties, die United States of America acknow
ledge the said Cherokee Nation to he a sovereigu
uatidn, authorized to govern themselves, and all
persous who have settled within their territory,
freo from any right of legislative interference by
tlie several Slates composing the United States of
America, id reference to uct* done within their
own territory; aud, hy which treaties the whole
of the territory now occupied by the Cherokee
Nation, outlie east of the Mississippi, has been
solemnly guarantied lo them; all of which tre;.-
• Judicial art, sec. 22, 25. V. 2. p. 64, C5.
f 6 \Yh. 1!nies. 4 1st Wb. :i"l. 303.
| § 8th Wh. 312. |1 1 >Yh. 310.
<1 under them." Tliey also draw' into question
the validity of the statute of the state of Georgia,
“ou tho ground of its la ing repugnant to theCou-
stitntiou, treaties, and law s of the United Slate*,
and tlie deration is in f Ivor ol its validity.”
It.is, then, we think, too clear for controversy,
that the net of Congress, by which this Court is
constituted, hat given it the power, and of roar*#,
imposed ou it the duty, of exercising jurisdiction
in this case. This duty, however unpleasant,
cannot 1«> avoided. Those who fill tbejudici.il
department have uo discretion ill selecting llio
subjects to be brought before them. We tmot
examine llio defence set up iu this plea. A\ts
must inquire nnd deride wltcther the act of tho
Legislature of Georgia, under which tbe plaintiff
in enor hot been prosecuted and condemned, lor
roiisistnnt w ilh or repngnant to. tho cooatitutiou,
laws, and treaties, of the United State*.
It iins been said at tho bar, that tlie uettof tlm
Legislature of Georgia seize on the whole ( lu -
rokee country, parcel it out among the Deighlx.r-
itig comities of the state, extend her code over tho
whole country, abolish its institutions and its
laws, ami mimliilnle its political existence.
If this be the general etTect of the system, l*t o»
inquire into the effect of the particular statute *ud
section ou which the indictment it founded.
Ii enacts, that “all white persons residing with-
iu the limi t of the Cherokee nation on the first
day of March next, or at uny time thereafter,
without a license or permit from hit ExceBeury
tin Ghtcruor, or fruu> such agent m his Excel-
- :