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the recognition bf independent com
munities.
The question may be considered
as settled in relation to the acknow
ledgment of South American inde
pendence.— Nat. Advocate,
NJVJL JCTIOX.
Vie learn from Capt. Osborn of
the sloop David, who left Havana
on the 10th of April, that he was
embargoed at Havana seven days in
consequence of an action fought off
Matanzas between tbe Colombian
fleet,consisting of 2 corvettes An br.
and the Spanish sloop of war Ceres
of 28 guos, (built by Mr Eckford
oft bis city,) on the 6th April. The
battle lasted ooe boor. The com
mander of the Ceres was killed the
first broadside. The Patriots cap
tured three heavy ships and eight
drogers, and disappeared with their
fleet, immediately after tbe action.
A frigate, sloop of war, a brig and
schooner, sailed frm Havana in
pursuit of them on the 9th, when
the embargo was taken off, but it
was not believed they would fall in
with them. It was supposed that
the Patriot fleet would stop at Key j
M esi to repair. There were be- j
tween 30 and 40 killed and wounded
on board the Ceres. A number
- jumped overboard from the Ceres,
ft*d swam ashore, and were taken
up and put in the Moro Castle for
leaving the vessel.— Daily wJdrcr.
Quebf c, Jlpril 5.
Tbe Tariff bill now before (be
Congress of the United States, very
justly excites much interest in Low
er Canada, Great Britai being the
country from which the TJ States
chiefly derive their imported Goods.
If the Goods of that country are
subjected to high or prohibitory du
ties on importation at the American
sea ports, these goods will fiud their
Way ioto the United States through
Canada, the frontiers of which are
open towards the U. States for the
conveyance of Goals to tbe extent
of many hundred miles. On tbe
one hand a great revival of trade
and general prosperity would follow
in Canadr ; on tbe other, our pro
vincial revenue, won and i.icrease or
hiay be augmented at pleasure, with
out much incor.venience. Ills is
the agreeable vie>f of the suhj<
In another point of view, if the
new Tariff become a Law of the
American Union, if the principle
UT'on which it is founded is adopted
as ‘*ue of fundamental policy by tho
p i.ple t-f the United States, like
B viap-rte’s prohibitory system, it
W’ll probably ere long have to be
supported by extraordinary means.
Tne occupation of the British pos
tensions in North America may be
fbo-id at a future dav to beoecessa
ry to prevent this law of the U.
St lies, this fundamental policy of
the Union, from b'iog almost nuga
tory by the introduction of British 1
go .da from Canada. It is only ne
cp- *ary to Inok at the map and to
have a slight knowledge of the enun
try and the means of commercial |
oi* tum unicat ion which now exist, to !
perceive that from the waters of the
St. Lawrence, fully one hclf of the I
population of the United States may ,
be supplied with British Goods, at i
as cheap a rate of conveyance as by
tbe sea ports of the Uoited States,
Horrid Barbarity.
Indianapolis ? March 30.
It becomes our paiuful duty to
record one of the most outrageous
transactions that has occurred since
the settlement of the state. We
have been enabled to collect tbe fol
lowing particulars from the inform
ation of a traveller who has just pas
sed through the neighbourhood, and
in whose veracity we place tbe ut- j
most confidence.
It seems that a party of Indians*
ten in number, consisting of three
men, three women, two girls about
half grown* and two small boys, |
were encamped on Fall Creek, in |
Madison county, about eight miles
above the Falls, and 35 miles above ‘
this place, for the purpose of hunt
ing. On Monday, the 22dof this
lostant, a party of five while men ,
and two boys went to the camp, j
and detmyed the three men away j
from the oamp for the ostensible j
purpose of assisting them to bunt
tome cattle* After they bad gone
some distance from the camp, two
of the ladiaos were shot dead, the
third made his escape, badly woun
ded. In the evening of tbe same
day, tbe same puny returned to the
camp, aod, after making some pro
fessa>ns of frieiirhhip, murdered
the whole of ike women and ohil-
i drenJ Their bodies were most I
! sho kingly mangled, for the pur- j
• pose of producing an impression
that it was the work of Indians, and
thrown ioto a hole of water occa
sioned bv the falling of a tree. One
bribe men killed U nA ©r *u ©I;M
-ren by taking it by the heels and
; beating iu brains out against a tree,
| On Tuesday the place was visited
i by a party of meu, when one of the
| women was found still alive, but ,
died oa tbe evening of the next day, j
At the time tbe camp was first visit
ed, after the massacre, the proper- j
ty of the Indians, consisting of guns, ,
skins, furs, Bce. was still at (he ,
oamp, and was left there unmolest
ed, but on tbe suoueediog day,
| when the plat e was visited by apar
; ty of men from the falls of Fall j
Creek, tbe bodies were found en- ■
tirely stripped, and every species ,
of property carried away.
We are further informed, that
ono of the Jads concerned io the
murder (aod who was compelled to
assist by the threats of his father.)
| soon after the transaction, gave in
i formation, and five of the pavty con
i eerned were immediately arrested,
[ and are now in custody at the falls
of Fall Creek; one made bis escape,
and the youth who gave the infor- i
motion is said to be at liberty in (ho
neighborhood. Since their arrest |
it is said that the persons have made
a full coulession. i
All the families composing the i
settlement in (be neighborhood of
the scene of (his horrible transac
tion, have removed to the mills, at
the falls on Fall Creek, to avoid the >
retaliatory vengeance of the Indi- ;
an s,— Gazette.
EXTRACTS REPORT ‘
Os {he select committee to ivhicli was
referred the President*s Message,
of the SOth of March, 1824, rela
ting to the compact of 1802, be
tween the United states and the
state of Georgia ; also , a memo
rial of the Legislature of the said
state upon the same subject.
Afkil 15, 1824. |
Read, and committed to a cn.uiit- ;
tee of the whole house oo the sta>s
of the Union.
The select committee to whom was
i referred (he President’s message,
of the 80th of March, with the
d,n untents accompanying i?, rela
ti g to tbe compact oi’ 1802, be
tween the United states and the
si ?r J Georgia, submit to the
House, o.i that message, and on
the memorial of the Legislature
of the state of Georgia, also re
ferred io them, the following
REPORT:
The state of Georgia claimed, on
the establishment of tbe Independ
ence of (he U. States, all the lands
now forming the state of Georgia,
Alabama, and Mississippi, with the
execution of those portions of (he
two last states which formed a part
of Florida and Louisiana.
This claim was founded upon tbe
charter of incorporation of the
| proprietary government ; on the
I royal commissions issued to the G v
ernors of the state? after the pro
| prietors bad surrendered their . bar
ter t<* the crowo. The claim whs
disputed by S, Carolina aud by the
U. States. The conflicting claims
of South Carolina and Georgia were
adjusted by a convention between
them, in 1787. The U. States re
cognized, by the treaty with Spain
of the year 1794, the claim of Geor
gia. having refused, io 1788 a ces
sion from the state, on account of
the remoteness of the lands, aod of
the terms proposed by Georgia.
In April, 1798, Congress passed a
law in relation to tbe western part
of the territory of Georgia, with a
I reservation of the rights of Georgia
j to the jurisdiction and soil.
In May, 1809, another aot was
passed, containing a similar reser
vation.
j Iu December. 1890, Georgia re
’ monstrated against these acts, as a
i violat ion of her rights of sovereignty
I and soil. The compact of 1802, |
; pul an end to the disputes which were
likely to arise out of this collision j
I between tbe general and state gov
j cruments. By this eomptci, the
! U. States obtained a surrender of
j the rights of Georgia to tbe sove
reignty aod soil of two states, con
taining by estimate. 86 millions of
aores of land, for the paltry consid
eration of the payment 0f51,250,000,
out of the proceeds of that land, and j
of a promise to extinguish the In
dian title to the land within the ter
ritorial limits not ceded to tbe U, 1
States, at soon as it could be done 1
peaceably and on reasonable term . j
The execution or tins compact pro
duces io change in tbe right of
Georgia to the sovereignty and soil
of tbe land within her newly defined
boundarits. Its only effeot was. to
throw upm the United States the
expense which might attend the ex
tinguishment of the Indian title, an
expense which, but for this compact,
must hav4 been borne by the state.
Nor did tqU compact, in the slight
est oireumfttance, add to the title of
the Indians; it recognized only the
claim which they, as Indians, were
allowed to have, according to the
usages of tbe states, and the liberal
policy adopted towards them by tbe
General Government.
In relation to the Cherokees, the
principal topic of the Piesideot’s
message, it would appear that new
doctriues are permitted to be eoter
tained of them, in the opinion of the ;
committee? neither consistent with j
the opinions heretofore entertained
wiih the practices of the Govern
ment, nor with tho interests of the
Union. The Cherokee! claim to ho
an independent tribe,. The Presi
dent avow iht belief that the arti T
ole* of cession of 1802, is a full proof
that the Indians had a right to the
territory, in the uUposal of which
they were to be regarded as free
agents.
The act of the General Govern
ment,. in 1814, in relation to the
Creeks ; the language of the Presi
dent of the U. States in 1817 : the
language Secretary of War;
iu 1818 : of the agent of the Gov
ernment in that year, in treating
with the Cherokees : of the agent
treating with them in 1823, does
not co respond With the opinions
now expressed,
Io 1814, General Jackson acting
under the authority of the Govern
ment, took from the Creek Indians,
for an equivalent named by himself,
all the laud the U. States chose to re
quire, to effeot a great object of na
tional policy in regard to the Indian
tribes. It cannot bo alleged that
this was done by virtue of conquest.
The letter of tho late Indian agent;
Col. Hawkins, of tbe lltii of August,
1815, laid before the H-use of Rep
resentatives, bn the sth of April,
1824, shews that nearly eight mil
lions of acres were taken from the
friendly Indians, (our allies in the
war) over and above ail the hutting
grounds of the upper friendly Creeks,
for what was called an equivalent,
but which the Indians did not deem
such.
In 1817, in his message, at tbe
opening of Congress, the President
says : “ the hunter state can exist
only in the vast uncultivated desert.
It yields to the more dense and com
pact form? and greater force r f civ
ilized population : and, of right, it
; ought to yield, for the earth was gi
ven to mankind to support the
greatest number of whioh it is capa
ble? aod no tribe or people have a
right to withhold? from the wants of
others* more than is necessary for
their own support and comfort.”
In a letter of the 99th July, 1818,
the Secretary of War says to Mr.
Mr Minn, speaking of the attempts
to prevent the Cherokees from going
to Arkansas, “ the U. States will
not permit tbe treaty to be defeated
by such means. Those who choose
to remain are permitted to do so io
quiet—those who choose to emi
grate, must be equally free*” And
further: “iris in vain for the Che
rokees to hokl (he high tone which
the} do? as to their independence as
a nation : for daily proof is exhibit
ed that, wer# it not for the protect
ing arm of the United States, they
would become the victims of fraud
and violence. 9 ’ Mr. McMinn tells
the Cherokees? in conformity with
this declaration, in bis talk to tho
; Chiefs, of the 23d of November,
1818, “It must surely be,my broth
ers, that you view me as an impos
tor, acting upoo my own authority,
with a view to deceive the nation,
or that you flatter yourselves with
the empty expectation that the United
| Slates cannot execute a measure of
general defesee for tbesafety of her
| citizens, whieh shall, in the slightest
degree, affect your interest or your
! wishes.” Tfce agents of 1823 assert
an unqualified right io the United
States to take from the Indians any
of their lands for public use* It is
asserted, however, by the Secretary
of War, that there were traders ex
| fating with the Cherokees io 1802,
| which guaranteed their lands. These
• guarantees were only of the Indian
title, as understood by all at tbe
! date of the execution of these trea
-1 ties—a title of mere oocupancy, for
| tbe purposes of hunting. The idea of
title to the soil was, until lately, un
known to the Indians. Their lands
were overrun by them, not inhabit
ed : their rights not transferred,
but extinguished dependent upon
the will of the pAwer to whom the
sovereignty over them belongs.
This sovereign power was Georgia,
prior to the adoption of the constitu- l
tion of the United States. i hat
constitution gave to the U. States
the authority to manage the aftairs
of tbe Indians, for the peace of j
the Union, and the eventual bene- j
fit of Georgia. The Indians bad
mere occupation: the U. States j
were the agents of Georgia for ,
the extinguishment of this allowed .
possession. The compact of 1802!
required this to be effected out of
the general fund. Mo aot of the
U, States, nor of the Indians, nor of i
both, could, without her consent,
impair the rights of Georgia to the
jurisdiction and soil of tbe territory >
In question, whenever the Indians
should be removed from it by auoi- >
dent, by contract, or by force.
This doctrine is confirmed by the
decision of the Supreme Court of
the U, States, which has declared
sales made by states, of Indian ter
ritory, valid, prior to the extin
guishment of Indian title: That
there is a species of seizin it fee,
which enables a state to grant to
individuals. In fact, the compact
of 1802 is tbe acknowledgement of
j the U. S. of this doctrine; as their
I only title to tbe soil of Alabama and
• Mississippi is founded Upon it.. The
! Secretary of War, in his attention to
! the treaties guarantying the Indian
title, has entirely omitted to notice
the first and important document in
relation to this subject, the treaty
of Hopewell of 1785—a document
sustaining the opinion of the commit
tee, and giving to what is now deem
ed important, tho sanction of ludiao
a quiescence; Tlif 4th article of
the treaty of Hopewell is, “ the
boundary allotted to the L'herokeeS
for their hunting grounds , is, and
shall be, the following.” The In
dians acknowledge; by that treaty,
the United States as their sovereign:
and, by the 9th article, Cougress as
sumes for the interest and rOinfort
of the Indians; the power to regu
late their trade, and manage all
their affairs as they may deem pro
per. This treaty existed at, the
adoption of the constitution of thd
U. States, ar;d Georgia, as a mem
ber of the Union, was vested with
the sovereignty and soil of tbe Che
rokee lands, subject only to the In
dian right of hunting within tbe al
lotted limits, which right the Gen
eral Government was bound to ex
tinguish as early as the general con
venience would permit.
The duty of the General Govern
ment was to do all aots which would
accelerate this event; io refrain
from all acts which would retard it.
Ovvr the territories of tbe United
• States, the General Government
| could rightfully exercise unlimited
power in relation to the Indian
tribes. Within a particular state,
the sole power was that of ageuoy,
for the preservation of peace, tbe re
\ gulation of trade, & the extinguish
. meat of title. To this general ohli
j gation, imposed by the constitution
: on all the states, a special promise
i was added in favor of Georgia, in
’ 1802. partially executed : but to the
oomplete execution of which, diffi
i culties are alleged to exist, which
! require the interposition of the pow
! er of Congress,
How far this promise has been
complied with, is attempted to be
shewn by two documents, marked A
and B, sent to Congress by the Pre
‘ sident. By the doouroent A, it ap
; pears that the Indian title to 15,744,
! 000 aores have been extinguished,
aud there remains 10,240,000 acres
yet in their possession as hunting
grounds. The first quantity is al
leged to be all that could be peace
ably obtained on reasonable terms.
The document No. 1, aeeompany
ing this report, will shew (hat, since
I 1802, the United States have been
able to obtain, for their own use,
more than 30.000,000 of acres in
Alabama and Mississipi, in additioo
to 7,633,400 obtained in 1801: to
5,006.880 obtained for Tennessee, by
J treaty, from the Chickasaw Indians,
[ subsequently confirmed by a treaty
j with the Cherokees; 700,000 for
; North Carolina: aud a quantity, an
| estimate of which is not in the hands
; of (be committee for South Caroli
l na. No satisfactory explanation is
afforded to shew bow this difference
; in the quantity of lands procured by
| tbe Uuit .1 States for their own ae
-1 count, and in compliance with their
promise to Georgia, has occurred.
The document B is intended to
shew the expense incurred in the ex
ecution of the compact of 1802. It
is defective and delusive. It con
tains no credit for the money re
ceived at the treasury of Georgia,
viz : Site Yazoo fund : It is omitted
to be stated that the 5i,250,C00 was
pot out of the proceeds of the pro
perty acquired. It charges the Yp.-
zoo compromise ns a benefit to Geor
gia, who had no interest in the set
tlement but a common interest with
the other states. The land procur
ed for the Cheiokees, on the Arkan
sas, is charged at the minimum va
lue of lands surveyed and offered for
sale by the United States, and not
at its trifiliug actual cost, about
$25,000. i
The committee ere at a loss
know what hearing this defective
document has on the question of the
Cherokee lands. As, however, they
presume it has a relation not well
understood, they conceive it proper
to shew, by the statement Mo. 2,
what pecuniary advantages have ac
crued, and will accrue, to the Unit
ed States, under the compact with
Georgia. By this statement it ap
pears that $4,512,850 25, exclusive
of Mississippi stock, have been re
ceived into the public treasury; that
56,444,821 51 are due from sajea
made; that tho land ceded by ‘ho\
Indians, and not yet sold, is 27 v 588,-
800 acres, which at the minimum
price, i $34,480,000. That there
remains yet, as hunting grounds for
the Indians, 22,977,575 antes.
The balance of profit suffici
ently with the United States u jus
tify eontratets for (he extinguish
ment ol Indian title for the benefit
of Georgia, without great scrutiny
as to the amount of expense in* ur
red. The committee agree with <ho
Secretary of War, *• that no oppor
tunity of extinguishing the Indian
title, oh reasonable terms, has been
neglected by the General Govern
ment,” for its own use ; but they do
not perceive that the same zeal has
been successfully exerted for the
state ofGeorgia. The treaty of 1814 9
with the Creek , was dictated by
General Jackson to the Creeks, by
order of the Depart merit of War—
As has been already seen, a largo
territory was taken from the Creeks.
The policy of the United tates aa
explained by the Secretary required %
separat on of the tribes oi Indians from
each other, and from the ocean—To
this policy a compliance with the pro
mise to Georgia was sacrificed.. It is
aleged that the obligation to Georgia
extend’ only to the purchase oi lands,
Sec The term purchase is an inter
polation ; it is not found in the arti
cles of cession of t SO2. It is alleged*
also that this land was obtained by
conquest, and therefore the nation was
at liberty, laying the contract with
Georgia out of view to pursue its plan
of policy Without entering into any
considerations to shew that the United
States, hav ng obtained by force. noc-j
used for that purpose, but de en ively* 1
the opportunity to extinguish the In
ndian title within the limits of Geor
gia, was bound in good aith to ue it*
it is deemed sufficient to refer tho
House to the facts disclosed by tho
extract from Col Hawkin’s letter al
ready quoted that this acquisition by
conquest was an acquisition of lands
from friends and aLcs, for an equi
valent named by the United States,
The propriety of accommoda ing
the state of Georgia wsugge tt and to
the commissioner of the United States
by the Indian agent; but the an wee
was, that the in-tructions of the Gov
ernment wou and not permit a compli
ance with this sugge tion. (See Cos!.
Hawkin’s letter.) The committee are
of opinion that an acquisition of land
to Georgia, to any extent, could have
been obtained from the Creeks in *Bl4.
The attention of Congress has been
called to the arrangements made with
theCherokee* iniß>7 & 1819. The
arrangement of 1817 was for the pur
pose of carrying into effect the wishes
of the Cherokees, a* declared to Mr.
Jefferson in 1808, by a deputation
from the upper and lower towns.—
According to the preamble of the ar
rangement of 1817, the upper towns
deired to remain fixed above the Hi
awa see river, to contract their society
within narrow limits, and begin the
establishment of fired laws a r sd a re
gular government. The loiver towns
desired to continue the hunter life,
and for that purpo-e wished to move
across the Mississippi. The wishes
of the upper and lower towns were
i granted, and arrangements made for
the removal of the latter, although a
request was made of the Indians that
, it might be done by the United State*.