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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- - :