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ha: 4. .erc?t.re no just claim to de
mand the benefit.
li if fou'tl be conceded that the
principle contended for. was gener
ally applicable to trea ie with (he
Indian tribe*, even then, in the view
of these memo! iilisu, it would be
sufficient to support the rule com
plained of. At moil it is an implied
release, and may be controlled by
an opposite and stronger a
tio * ; and siil! mrc b> suWqient
express stipulation. In the several
treaties, from that of New \ok
to that of Colerain,operated in term*
of the rule, to annul all claim* not
provided by them, so as to exclude
the n by implication from the treaty
of the Indian Spring** those treaties
opera! jng also by foree of their * wn
terms, to protect the claims whi h
they had provided for, these were
consequently no longer a subject o!
negotiation, except as to the mode
of payment, ‘The negociations ot
the commissioners of Georgia, and
the chiefs, warriors, and head men
of the Creek nation, were then on
that occasion limited to the
arising posterior to the treaty of
Colej'uin, nnf]^]oiV#r4&Sra#tf tis
six years, the claims during which
amounted, according to the list ex
hibited, in the course of die nego
iation, and surrendered at it* close
o a sun* less than 17.000 and liars.
lan it he believed that such was ibe
icw of the negotiators n either
tie? .
Independently of ttie intrinsic evi
eocc. the agreement furnishes the
.n*wer. Ihe reference is not -f
laims provided, or unprovided for
> this or ilia? treaty, hut of “ nil
laims of whatever nature,” If the
e m fit of (be implied release <*ou
eeded for, in behalf of (ho Indians,
•r co o*eded to (hern, here then is a
/aiver of if—a new assumpion of
heir obligation—a reference to tlie
‘resident to |?q Mate its amount,
y deciding on the equity and justice
f each individual claim, on an cx
*ni viim of the evidence adduced
support if.
Hut the rule in questioois exten
-3d t‘. exclude claims to eoiapcnsa
> fr property destroyed, and a
•rbal Clin bm ha* been resorted
hv ihe United States commission
rs. as a ft* m >de of interpreting
tie term* of an agreement eniered
*to hv a savage tribe. It urged
still confining the claimants to too
readies anferi >r to that of the Indi
m Springs, on which last they ex
lusivcly rely) that a stipulation to
rsforc, eannot be applied to that,
which has been destroyed and does
not exist The argument in the
view of the memorialists, is entitled
to a grave consideration, because of
th e source from wlii li i’ emanates.
As between individuals, an agree
ment o d’- liver or to restore a spe
cified article, impliedly includes the
alternative of accounting for its val
ue, or of ni tki tg compeosaiioQ in
damages, if the express obligation
be lot ftilfidcd. Vtli * should ex
empt a ‘ia"o frm the operation of
this rule ? If Great Britain hid sti
pfi?a:rd to restore (instead of ma
itog compensation for) (he negroes
plundered on our sea-hoard during
ill** late war. would her incapacity
*o make specific restoration of those
vh * have escaped from her posses
ion, or been removed by death,
bave absolved her from the obliga
tion to ifedore their value ? D and she
n tin fart agree to make restora
ti**n in value without regard to these
considerations ? Bus an instance
me e immediaiely appropriate to-be
subject uu> he drawn from the trea
ty of Augusta. The Indiana there-
by stipulate that •* all negroes. bor
scs, cattle, or other property, taken
during (he late war, shall be resior
ed.” ’ I’be obligation applies to all
utgraes. &c &c taken during the
fanr. aid womd tot ne released by
the ioeapvdty <;f the contrioting
party to iestate tltrrn specifically.
Upon proof thi h*y had been *o
1 1knit ‘be righji df the citizm of
Georgia, would, it,is apprehended,
be complete ritwtyto specific rest o*
r.Atio.u or to *esoration in value,
JUtt, dismissiogiie eonsideraikm of
“r.'rr . it he.
* i< is reqiecludy enquired, if
ere h not inching in the dis
. i t.\e eaai*avi^ g 0 f civilized and
$ tvage warfar, which strength
„llia claim lo
, s-i,i.n tor property destroy
tj * ** wars between civilized oa~
os, t ie <Jesti’|tkita of properly ig
ift, o,iy to an end in
1 *** l &° r { *t>r,V for the attain
,nr *°* lup ob VUe war. The
Savage, on tae other iigad, waiMfor
p! under— destroying what ho cannot
* emove. I* it meet (hat we s! ould
en- ‘-u;age- this piedatory warfare,
bv extending to it the protective re
gulation* of civilized strife ?
But the claim to property destroy
ed in ihe case under consideration,
is derived from the agreement, ihe
treat), and the deed of relinquish
ment, ail executed at the Indian
Sp. iog<*. The agreement offers to
the decision of the President, all
cl ims of whatever nature or kind .
The -* eaty stipulates that the
commissioners of Georgia, shall re
linquish aH claim* “ for property
taken or destroyed” prior to the act
or 1820. A list of claims was cx-
Itihiied at the Indian Spring?, i‘i
eloding those for proper -y destroy
ed, and prop©* |y unprovided for, !>y
either of the preceding Heaths. o:i
tojiich the commissioners of Geor
gia v> ere required to execute, and
in faet did execute, the relinquish
mer.t stipulated for by the treaty at
the ftraian Springs. Why, it may
be asked, were the terms of the re
ferem-e so large, if its objects were
■ so limited ? “ 1.3 wee the eonnnis
(A\ ni-uttf'o . Ja
niquiJi iliat to which the citizens
of Georgia had no claim—to release
the Indians from claims.from which
they were already absolved accor
ding to the rule contended for, by
force of preceding treaties ?
Tl>e argument for which we eon
tenl, is further supported by arc
fereoce to the circumstances atten
ding the negociati- n at the Indian
Springs. ‘I he claims of ihe citi
zens of Georgia had been register
ed under (he lews of the state. A
Its 1 prepared by iis 1 xeeutive was
frruished to.the commissioners of
Georgia—was exhibited by them,
a pas ticular of their demand, and
was sti r rendered, us au evidence of
what was released to the Indian
chiefs at the dose of she nego ia*
tiou. It amounted *o a sum which
may be stated m round numbers at
$280,090. For in payment tfie In
di >3 provided a fund of s>so,@oo,
in (be bands of the U. S. Now the
application of the rule eon tended
for—that which excludes claims for
prupeny destroyed, and pro.-erfy
not provided for by previous trea
ties would at oru-e, have annihila
ted one half of (bis claim. The fact
will be obvious on a very slight in
spection of the list, and must have
been manifest to (tie Indian negoci
ators. Is it conceivable, if (hey bail
intended to rely on this rule, as a
br to the claims which ir would
control, (bat they would have as
certained its effect, by applying it t*
the list of claims exhibited, and have
denied (heir liability f rthose which
it covered ; or having ascertained
its effect, and that ii would reduce
the claims of our * iriz ns to a sum
not exceeding $150,900, that they
would have left in die lia>>ds of the
United States a fund ot $59,000
to be applied to this object, without
any sdpuiation for the payment o
ver to themselves, of the large sur
plus, whi-h must inevitably remain?
These relictions seem unans
werably to repel the idea, that it
wa* the intention of the contracting
parlies to exclude the claims under
consideration, and it is deemed un
necessary to shew that (he Presi
dent of the United State* ought not
to apply, since ir is believed be is
not disposed to apply io the contract
f these parties, a rule of interpre
tation which could not have entered
int * the views of either of litem in
framing it.
I* remains only to add (hat the
agreement to refer to the President
ol the United Stales, the immediate
representative of iho party bound
by the terms of (he treaty/ to pay
what should ha awarded, the dc. is
ion of the question, how much
should be paid, was made in the
tuiness of the confidence, which the
people of Georgia have ever felt,
and still fed, in the present chief
magi*!rate f the Union. In the
s:mospirit, and with the most eii*
tire confidence in the ju stice of the
individual* so whoni tins appeal is
made, a review of that deeisiou is
now solicited. It is believed, by
the memorialists, that the claims of
the citizens of Georgia which were
exhibited by fie commissioners at
fbe treaty of the Indian Spring*,
whether provided, or unprovided
for, by previous treaties, are pro
tected by that treaty; and on proof
of them individually, that (hey are
entitled to allowance and pavment
out of the unappropriated fund, in
the hands of the Guiled States:—
and it is respectfully requested that
the deeisiou of this question may be
referred to (he commissioner* of the
United. Sites and of Georgia who
hego, iated that treaty, or that stu b
other mode may be adopted a*, in
the view of the President, shall ho
consistent with the just rights of the
claimants.
Approved. 22d Gee. f 823.
G. M. TROUP, Governor.
Jit o meeting of a number of the He
publican Members of the General
Assembly of Viigiui ,, i hi Id ut the
Capitol/in the * ity of Hichm nd.
on the evening of .Wonday. tue bth
of January, 18 lb, far the pur
pose of conferring on the sutject
of a Congressional Caucus.
Linn Banks, Lsq. was request
ed t act as Chairman, and Willi
am M unfold, a) .Secretary of this
Meeting.
The names of the Members of
the Senate and House ol* elegates
being called ovef, i( appeared that
13 Senators and lit Delegates were
pie lent
On motion of Mr, Tyler of tho
House .f Delegate*.
Resolved, Ihat, a Committee
off app liilMj to pt cpgfe and rejflfrt
to this meeting suidi lesoiutions as
they may consider prq*er to be a
dopifd in relation to uhj.'ets of
this meeting.
A Committee wasacdirdingly ap
pointed, of Messrs. Tyler, if the
//. of it. Holt, Spcahei of the Se
nate, Cabell, Gatftpboll Dade, artd
Johnson of Chesterfield, \f the Se
nate; Randolph, Buwyeri Gordon.
Thompson of Fairfax, jGarland,
L.nyail, Rutheriord Ilarvikof Ridi
imim! city, Winston, Graves, and
, Colley of the Hos I). .
Fiie com mi dee then withdrew,
arid, (alter some time) returning,
reported the following Preamble Hod
Resolution*, which being read, were
on the question put thereupon, a
greedto by the meeting:
“To secure concert among the
Republicans of tlie Union, to give
to the majority of the people of this
cation their due ascendancy by
means of the electoral vo?e% and
to avoid a report to the House of
Representative*:
“Resolved, That we approve the
political sentiments declared by ihe
Republican Mom hers of the Stale
©I Aew York, at a Meeting held on
the 22d day of April. 1823; nod that
we esteem (he measure by them re
commended, under existing circum
stances, as the best practicable ex
pedient
“ Resolved , That the Republican
Members of Congress from this
S?ate, be recommended to endeavor
to procure a nomination of fit per
sons to fill the Offices of President
ad We President of die U. Suies.
•• Resolved , That tho proceedings
of flits Meeting be signed by ihe
t'hairman aud Secretary, and be
published.
LI A V BANKS, Chairman,
\Wi. Mxjxfoud. Secretary
Pray Publish the letter.
M & have heard, within a few days,
of a most interesting etter from
Mr. Jefferson that has been exhi
bited hi ~r;vate efr* les in Washing
ton. The letier relate* to tire Pie
•idential question, gives his views
of the, several candidates, a and as
sigi.s the reason for his decided pre
ference of W H. CRAM FORD
We hope (he gentleman who holds
the letter will give a copy for pub
th at ion, as we understand it con
tains no injunction of Secrecy.—
The people have a right to know
the sentiuifnfs of this great and dts
tinguished Patriarch of the Repnb
lican family. In Pennsylvania, bis
opinion will always be beard with
deference aod respect.
The recent eorrespoodenet of Mr
Jefferson with the ex President Ad
ams, and the manner in which lie
has always treated General Ja k
son, prove (hat his attachment to
Mr, Crawford, is not founded ou a
ny prejudice against the olher eaa
dtdatetf, hut from a deliberate con
vietioo, that Mr. Crawford is the
most qualified and suitable person
to become iie Dext President of the
United States.
The opinions of such men as Jef
ferson and Madison, the greater
part of whose virtuous lives have
been heuefi ially devoted to their
country, ought, & will have weight
with their country men upon all po
litical questions. Their opportuni
ties of judging have been the very
best; their acuteness of iniod and
knowledge of ma&kicd; and their
devotion to the best iate* ests of
their cone must give peculiar
force (o their opinions of the char
acters of public meo. fhose gentle
men have entire confidence in the
Talents and Integrity, Principles &
Patriotism of Mr. Crawford, and
they wish to sec him elected to the
Presidential chair;—Y*d sticli in their
attachment to die good old mode *>f
nomination, that ihev would w*are
warranted in saying, they would,
abandon their personal predilection
and support another candidate,- if
another candidate should he select
ed by a C’aucus at Washington.
\V hen Jefferson ad Madison raise
their voices and deliver their opin
ions, does it become the Ih macrutic
Party to give ear to their experience
and knowledge, or listen to the bab
lings of their Calumniator#? Mw
eao Rufus King & Theodore Dwight
and Timothy Pickering and Robert
Walsh, hope that their voices and
peus— always in action to overturn
the Demoeraiie pa.ty, and lay waste
its prim iplcs—shall have any effect
in opposition to the declared pin
ions and known principles of Tho
mas Jefferson, James Madison, ami
a host of the purest and best patri
f S ir* i fii* ‘t'hc
fy will respect and pay attention (o
the personal preference manifested
lor Mr, Crawford by the distin
guisfced ineo of the Party aud of the
Nation; hut they will pay, yet more
deference to 1 lie Principles of the
party, and to the usuges which have
f>r an age, given us a succession of
the hesi Chief Magistrates upon ro
om'd in the annals of ihe world. Let
Public Opinion he concentrated and
proclaimed, let the name of the io
dividua! in whose favor it shall he
found, be made kn<wn; let a Cau
cus be held; ami then , but not (ill
then, hail wo see the Party emigre
gating together, and declaring it
selt with au unanimity which will be
irresistible.— Democratic Press.
TH F. NEWS.
Washington, Jan a >. 2*
AMEND.I ENT K) THE (OVbtll L * ION
We rest : our readers to the r< po: of
the comiTii-.!ee, inseried in our ntirrber,
and request them to pay particular an ere on
to a lew oth- r objectionable - pinions to be
found in that s'ate paper, and which w; had
no’ room to controvert and show then perni
cious ’rndency. If we wish to preserve Tie
spirit ol our public inati tCiOi s- t if we wish
the perpetuation of our poyernmem, as it is
now e;ablistied, we must be very cautious
how we rece.vt new doctrines and how e
introduce them in our system of p.ui y. Our
fundamental laws are not perfect; by experi
ence ‘t- may improve them , but considering
the frailty of human nature, and he passions
to which it is lab e, it is an imperious duty
we owe ‘o our Coun ry, ourselves, and our pos
terity, to investigate cio,eiy the propositions
made for the improvement of hose laws, that
they may no’ be deteriorated by amendment
productive of greater ev.ls, and that we may
not open a fi-ld for .he ambi;ious and design
ing to execive he worse passions of lie hu
man hear No principle would be more per
nicious in ns cons queuces, if i were to pre
vail,-han the one thus expressed by the commit
tee: %
‘*The order of social virtue an! so
cia dune in the United State , i,
nearly the reverse of that whch exist
ed among the Greek and Reman..
In anoidmary state of thing , when
no great emergency call for patriotic
sacrifices the duty which principally
engro- e the feeling and Jie iffbrt
of an American citizen, is to
provision for his comfortable subsis
tence, and to atisfy the c aim of his
family. Whetea , the fir tcon-ider
arion of a Greek or Homan citizen,
both in peace and in war, was the glo
ry o his co ntry Our tendency,
therefore, is to give too exclusive an
attention to private pursuit and s-ink
into indifference in relation to the
general concerns of t?.e Republic;
while the tendency of the Greeks and
Reman wa to intermeddle peipetu
ally in pub ic affairs, to the neg ecr
and detriment of their private ccn
cerns. Our danger, therefore, i :oo
much popular apathy ; theirs, was
too much popular excitement. And
though the >tzte of things existing
here, is more deeply founded in na
ture, and furni hes a more s ub tan
tial basis for a durable and extended
system of Liberty, it certain y indi
cates the neces ity of such constitu
tional airangeme ts as will rouse the
attention of the people to so great a
national question as the election of a
thief magistrate ”
Fht lii# wry of ihe Doited States, since ihe
establishment of iheir independence, refutes
the assertion of ihe enmmiuee. The people
accused of too much popular apathy! The
people do not meddle enough with public af
fairs! How can he committee make such an
accuda ion coincide widi that which has been
so repeatedly alleged, of too great an excite
ment a ail times n regard to the public mea
sures of the national and state governments ?
Fac s could be adduced to confute the opinion
ot the commit.ee; but they are so generally
known, and the s.aie ol public feci mgs at this
time, demonstratesS9 forcibly lire absurdity of
the opinion, that we car not dwell mncli tipc*.
it. We must howe\,r c.nsider it under
another pun iofv * If hr crn.mt tee al.
lude oai apa'hy *1 ihe people \ n regard to
foreign nations, u.e opmiut* is just in tome res
pects. \e wi i a-k .lie commit ee what in
terest have he people ot the United Sues to
meddle with he politico transactions of t'or
-ign nations,on yso fai as thej alitc. the com.
mtrc.id reia ionsrf vl.ia coun ry ? The co:n
mitue cam<ot assuredly w sii this na ion to
tatev put , like lie Iu mans, in all be revolu
tions ui and ctn motunsol other countries ; ihe
poucj of tins government, as wisely establish
ed by Genera, Washington, and persisttd in
by President Jefiersoit, is cl a pac ; f;c nature.
The rapid progre-s we l.uvc n.adc <o utalUi,
power, „nd cm.itU ra imi, is owicy; pimcij ally
to this ptilicy ; and the permanency of our
public msti uuon*-, aid the preservation efdiu
vea ib aiui v*c have acquired, depends
on a steady uuhereucc to it. L* Ut.s loumi v
v.termed: c m the conceit- of hireign na
tions, uui weal h v-ouid t-e sqnavdercd away
in Uvcle&s \\a:s, out rcpub-iiau system wuu u
ur.d. rgo some ma trial change, a-pint ts
conquest w< u.d iuipetcepub > m re-duce it
selt among the citizens , the na ton- then would
be sunjvci io hose rivuLd.otis v- Inch have
destroyed at last the lhni.ao republic The
people have too much apatuv ! \\ bat tuic the.
feelings ol th;a nation itspeciinr; the rcvo!w-.
lions of France, “pain, Nap,e, and the S;
isli American colonies? lliose tcciings havV
been carne-d iar enough ; and the measure sos
the national government have corresponded io
them \\ ha. are the b etn.gs ot the people to
wards he Giceksl foe opinion ot the om
mittee coincides wj h the s\ stern that tne fed
eral par-y have umfonm, enUeavouud io in
troduce lu the guvcToineoi ot >his nation, and
again#, which ad ihe power of the republicans
has been txer.ed to uestroy. Ii appeals the
cotnmittet. wnh me most itason.ng,
and iotlowiiig he tooistcps ot the tcderails'a,
wish to resUwCiiate these ebnoin us dec r.iics
ot the letitial paitt, aid to u coipoiau .hem
in our pubnc ntstiiutions. Wt nni#. ..il be on
our guard—we must re} el eve.} atunipt to
change me policy of dus guveinment—tto u
nuut rccoiicc the wauui gsot W aslungfOßr
and the icct mmtntla it its oi the w ist,
and republican Jetieisun.
Tue comnm.te recommend as an amend
ment to .he Coiisii uuon, dial each s.ate,
shouie d.vided .n so many districis that it
sends nicmocr.s to the house ol represernativts
ol lu Dm ud b.a ts , ua. each district snouid
elic. one tkcou ut l*itsiuen. and Vice lTtsi
citni, and ilia, tik settee ors bh>.uld choose ‘ho
two adtiiiiouai ticc ors to wb.ch the sta-e is
entitled Hm con.mn.ee n s em* ardently
desire to g.ve to a m.nor. y au equal, we say a
grea.er, power to u.a oi a majority: Ihis
amtiidmti.i would ha.e indeed mat eh cell
New Yuiß studs iinr y lour repiCsen.atives to
Congress; he sat divd-ti Hi thirty tour
o.tcmi at dißirtc s, wouiu t*tt thirty four elec
tors, who wou.d have, a. # ievh y to .he aiiKlld
meiu prupostd, to dn 0.,r. wo more electors
to make up .nt numb.i ,o cb.c.. du a:a.e is
entit.ed No gieai tV.I can resmt hem a
ctioice being mace <l vto tiecmis Ly th.ity
tour cdizeos e bv the pt< pit. Lui now
can ihe cumrnk e dtitnd in measure u. re
guid to Delaw are, Mississippi, iu.i.ois, and
XiisstMin, Wn.cn stru etch Lu oiu me mini b’
the house ot rejSrtbcit auves? 1 hese suits
would have toeiect bu-one tlecioi each;
that elector vtouid possess be power to choose
two additional ,kc urs !!! A wl.oit s ate to
choose but one eke;or, and ore smg e im.ivid
uat v. tliuoaf iao i! ! lus ia muttd giving
the power to a nnt>o|i-y h. Khodt l*.nu, n e
pti pie wouiu. choOstuwo ttc<ois, anu two in
div.duais, wu; m ,übania, ij, people time,
a:id three mdiviutiait ‘vo, it wotnd he tlie
same thing m
■ aggregate ot an - lie a i es,he elec ion tor elec
tors woo;d siaud tlu : a popula ion oi n.oro
* than nine millions whu nvc m choose 218
electors, and 213 ci ‘zjkis vtoo.d l.avt he po*.
er to choose 4&, 261 (ec ois bc.ng tne num
ber rec gn z u by law v-buth a sya tin would
be a monstrosi y in a kprestma ive anuir
-1 p ibiican government. \
In the Senate of the tir ed Staea, on thr
Bth ins., Mr Dtnton lam vPt seiec. con
mit ee io whi.m had betiliciened ihe sev. ia
resolutions pn pos ng aiqi uncnis ,o m. con
stnution, m ugard <o ii ekcuon c,t pcsi
dent and Viet Pirs.denj snbmi ed um lu
tjons to •ba tfl'Ct. 1 hJri.i ndu eiiis piopo.
sed are .nut tor the p|p< at ot chasing
, rrpiesen adves, tacli taf shall he ti viucd
into a nur bt ot districiLquai to the * r um
ber of reprt* ira-ivta to v Li . uch s a t may
be entitled, and ma foi i pu pose of c | )0 o.
sing elec ors ut President 4, V u. Fiei.tietitr
each s<ate shall be oivitkin a number nik
dts ricts, tqua. o the vihu nornbei ot'senlf\
•i>rs and representatives toUuth such sta(e’
may be en nlcd in ‘he C6iigy. of die U. S.
Though we would prefei U geneiai imk'et
system, yet the a. ove anit^ tll „ W( , U4a bc
more accep'ab e o the ptoi, mom cor,-
M. to our republican pnjpies of govein^
ment. For the formation ofc. e hdtial ccn
stitution, we are mdeb-edL ljie mutual
compromises and recipiocal of the
s ates composing he Union a. e t,n-, e r)( j
well may we cherish that sd, 0 f will
and affection wfiich were mL cstt< i bv !be
states towards each other; fj n lt depends
our existence as a nation. tU 6vv , he con
cession the large st a es woulmake to the
•mail states, in the election 1 Pitotden* in
point of population, and accojt 'iTTThW nlan
proposed by Mr. Benton, , na( J e the
10l owing sia'ement, lowing ‘ of
each state in electoral lbe |p orn .
position of,such electoral district, *, r Jn o rl
tion to the population of each sta ‘ 1 V
Maine, 9 dial.
N. 8
Ma*&a.husetis,ls
Rhode LUnd 4
Uor:uectieu(, 8
Vermont, 7
New York, 33
New-Jersey, 8
Penuqyivauia, 28
Delaware, 3
Maryland, ii Ss!B
Virginia, 2-i
N. Carolina, 15
S. Carolina, 11 33.gJH88
Georgia, 9 3i,OM
Alabama, 5 2A.00S
Mississippi, s SO.OUdP
li-uisiana, 5 35,000 \
i’enuessee, it 35,009
Kentucky, u, 36.000
Ghio, 16 36,000
Indiana, 5 25.000
lilinois, 3 18.000
Missouri, |