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fitum! fti gtuti.
VOL 4.]
PUBLISHED WEEKLY
QWEOWIA& A. PAS7£O.
QU* TERMS—The Washington News is pub
ishetl weekly. at Four Dollars a year; or Three
DciHris, if paid oue half in advance, &. the oth
er at the expiation Os six months.
HT No subscription wiil be received for a less
I form than six months. —All arrearages must be
paid before any subscription can be discontinued,
but attteo option of the proprietor.
(Ef* A faihue'to notify a discontinuance at the
rml of the year, will be considered as anew en
gagement.
(fj 9 Advertisements (except thos* published
monthly) will be inserted conspicuously at 75 cents
per square for insertion, ami 50 cents for
each continuance. —If the mustier of insertions is
not specified, they w ill be continued until forbid,
and charged accordingly.
[rj 9 All advertisements published monthly
\yill he charged one dollar per squall* for each in
sertion.
mr Letters must be post paid, or they ivill be
charged to the writers.
fpjr 9 For the information of our r.dvertesiiig
ricmls, we publish the following Law Jicqwiriles.
Sales of Land and Negroes, by Administrators
Executors or Guardians, are required, by law,
to be held on the fu st Tuesday in the month, be
tween the hours often in the forenoon and three
in the afternoon, at the CouruMouse of the coun
ty in whicii the property is situate.—Notice or
these rules must be given in a gazette SIXII
days previous io the day of s;- .e.
Notice of the sale of personal property must lie
given in like manner, FORTY days previous to
th* day of sale.
Notice to the debtorsaml creditors of an estate,
must be'published for FORTY days.
Notice that application will be made to the Court
of Ordiuary for leave to sell land, or Negroes,
must be published for FOUR MONTHS.
List of Letters.
Remaining in the Post Office at
Washington, on the Ist of April,
1831.
A
Thomas Anderson, Win. Q. Anderson,
Joel Appling.
3
Samuel Brooks 2, Samuel Boiven,
Taenia Brown, Nathan Blackburn,
Elisa Ann Brooks, Joseph Blount,
Alston Boyd, Boyd Bell,
Moses Baugh, Thomas J. Kooz,
Thomas A. Brion, Hopkins W. Brower,
K. K. Brown.
c
Parker Calloway, A. M. Charlton,
*m, Cole, Buena Cunningham,
Susan Cole, John
Wm I’. Carter. It lanklui Chaney,
Leonard Crawford, John Coleman,
Mai gcretc E. Combs, C. CbarUon,
Sarah Colly, , Clerk. Superior Court 2.
David Daniel 2, Lewis B. Davis,
William Davis, Charles Daugherty,
Thomas Douglas, William Deveaux.
B
James Echols,’ Arthur Ennis;
I*
Simpson Fouche 2, , busanah Fouclt,
James H- Elyut, Samuel Flournoy,
Y m. Floi riAUce.
ct
Joseph Gattrell 2, James 3. Griffin & Cos. 2,
Jrtscph D. Greaves, duel Gartluight,
Macoiness Good, Fe lix G. Gibson 3. y
XI
Elizabeth Houghton, Ale, Huguley,
Ichahod lJohnes, J. ado Wick M. Hill,
E S. Happing, T Jefferson Hopkins
Owen Holladay, James X. Hacktry,
Richard J. Holliday, N. Hoyt,
James X. Hay.
Samuel T. Jack 2, Eadock Jackson,
Stephen A. Johnson V\ .Iris C. Jenkins,
Robert D. Knox, Jordan Kinnebrew,
Joshua Kelly, Reuben Kendall.
it
G. Laws, Mary Langtlon,
Daniel Bee, Mark Lane.
3®
Mary Montgomery, Simpson Montgomery 2,
Ocion Mclntosh, D. Wanes McJunktn,
Donald Mcl.ane, Wilt, .Maxwell,
Charles C. Mills, Mary Mahray,
Jnsse Aier. er, James Moore,
?, Dennis 11. Mohon*,,
Gideon G. Norman, J. Nolan 3,
Chailcs W. Nelson.
O
John Cmera.
3?
Nicholas Powers, Barton'C. Pope 11,
John Pope 3.
EL
Terry Reynolds,
s
John Stowers, Andrew,!.Semises, Ir. 3,
Smith iso Douglas, Daniel Shumate,
Thomas fteimmet, Feta Strozer, Jr.
Albert G. Setnines, Charles Smith,
Jacob sellers, Jehu Silvey,
Surali Smith.
T
William Triplett. Mary Triplett,
El.zabelh Terrell, Cuimirin Toombs.
‘V
John Vasset', Aln.ci Vining,
w
Hester Wells, YVillnSm Webb,
John \\ illrinsotl 4< M-uy WHliamsUn,
>5 ,1. Whately, At 11. VVelboro,
V, m. Weils, William Walton 2,
1. B. Woollen, J 1 Wouuea 2,
WtJboru 2, I.l’tzabuth IFood,
>i. . Wi- efield, James \\ inglield,
It ,- :l ibis.-102.‘ . .
iL/-’ Persons enquiring lor letters
fumi this list, will p&aso say they
hi O iiilvCTlli£.d.
j OFCJIt) VV . liobhiSOtt; P- Mi
April i; Jt3l,
WASHINGTON, (GA.) SATURDAY, APRIL 16, 1831.
List of Letters,
Remaining in the Post Office at Dan
bncg, on the Ist of April, 1831.
Benjamin Slack, Barnet Jeter,
Esq. 2, Ahm. Smith, John L. Dent,
Jeremiah Walker, Moses Jones, Ben
jamin Smith, James Boatwright 2,
Howell Hay, S. B, J. C’rhtin, Mrs.
Martha Hurd.—l3.
Samuel Danforth, P. M.
April 1, 1831. 41—3 t
Notice.
PERSONS indebted to either of
the estates iri Thomas Eadn
’ ly or Thomas li. Corubs, are re
quested to make immediate pay
ment; and those having demands a
gainst them, or cither of tliein, are
required to present them properly
authenticated within the- time pre
scribed by law, or this notice will
he plead in bar of their recovery.
James Doroilgh,
Administrator dc bonis non of Tho
mas Phulohj, and also adm’r.
of Thomas li. Combs.
March 7, 1831.. 38—Ct
mOTMTE*
ALL persons indebted to the es
tate of Henry Sptatlinj decea
sed, late of Wilkes county* are re
quested to make immediate pay
ment; and those having demands u
gainst said estate are required to
present them properly authenticat
ed within the time prescribed by law
or this notice will he plead in bar a
gainst their recovery.
S. A. JOHNSON, adnr’r.
March 24, 1831. 40—(it
“’NOTICE.”
JPSpj HERE will lie tin election held
JL in the town ot Washington on
Saturday the twcutyrihird iust. for
first Colonel of the 18th regiment
G. M. to fill the vacancy of Stephen
A. Johnson, resigned.
.f&jH.N JONES, } r ,
JOSEPH MOSLEY. 3 L, ’ lU s ’
April Ist, 1831. A 41
Kenneth Grant,
AFTER returning thanks for
the patronage lie formerly re-j
ceived in this place, respectfully in
forms the citizens of Washington fe
its vicinity, the public in general,
that he has commenced business in
this place again, at the old stand in
the “North end of Judge Leonard’s j
building, fronting the public square,
where lie will constantly have on hand
A General assortment of
MOST FASHIONABLE
CLOT II I NG.
Such as silk and silk velvet vests,
cloth and casimerc pantaloons; round
jackets, &fc. &c. Which he will dis
pose of on reasonable temrs. Cus
tom work will be executed in the
most neat and fashionable style, and
at lhe shortest notice.
lie warrants his work, rind will be
thankful for any business in his line.
Washington, Willies county,
April Bth, 1831. ‘42—tf.
MILLEDGKVILLE
Masonic Hall Lottery.
$ 30,000 of Copiiai
PRIZES
YET in THE Wll||Lt 1/ :
1 of $ 15,000—1 oi $ 10,000—1
of $ 5,000 —besides Prizes
of 8500. 8400. 8300. S2OO I
8100; be. &e. Ac.
ON
Saturday, 30 th imt.
The Fourth Day’s Drawing will be
continued* when there will be
drawn from the Wheel
One Thousand Prizes.
The increasing demand for Tick
ets, makes it necessary or those who
expect to select their numbers from
a great variety, to send their orders
to, or call early on
BRADFORD MERRY.
Present price of Tickets — Wholes,
8 10 —Shores in proportion.
James AL Anderson,
Agent.
Washington, April 9th, 1831.
” SLAB-KTS
Agricultural and Mercantile
INTELLIGENCER.
THE Press, Type and other
materials for the above publi
cation have been procured, and are
daily expected. Postmaster!) and o
thers holding subscription papers,
will please forward the names of sub
scribers without delay 7. The publi
cation will be commenced in a few
weeks. M.J. SLADE.
Macon, March, 19, 1831. 41.
ICFThe Editors who have kindly published the
Prospectus of the will render an
additional ohligatibn by inserting the above
Athens Factory*
rwviE subscriber having boon ap-
JB. pointed an Agent to the above
Factory, Fcepeetfiriiy informs the
public that a constant supply of spun
cotton yarns manufactured at the
same, will lie kept far sale at his
store in Washington, at the Factory
prices; which it is believed will be
sufficiently low to justify the planter
in purchasing his supply of either, or
both the articles, rather titan attempt
to make them at home.
JOSEPH W. ROBINSON.
February 22d, 1831. 36—if.
Notices,
Tift Copartnership of Mus-
GitovE, Wetmore & Ct), was j
dissolved on the 28th tilt, by mutual!
consent.
R. IT. MUSGROVE, • I
OLIVER WETMQRE, j
EDWAUB BCJSTIN.
ft?” The undersigned will continue |
to transact tile
ill m mt u$
Commission Mildness, j
E N DILI THE FIRM OF
Musgrove & Hast in. ;
It is with pleasure they inform
their friends and customers, that
they have contracted for the Build
ing of a Complete
rzsis.2&ooF
WARE-HOUSE,
to be erected on Ihe premises now
occupied by them, and to he finish
ed by the first of October next.
They hope by strict attention to nil
business confided to their caie, to
merit a continuance of public patron
age. 11. 11. MUSGROVE.
EDWARD BUSTIN.
Augusta, March 1,1831. 38—1 m
The MilledgeviH’e Journal ant!
Recorder, and Washington News,
vylti publish the above for one month,
and forward their accounts to us for
payment. M. A. B.
GEORGIA AND THE INDIANS.
Message fi om the President of the United Stß‘es
in compliance with a resolution of the Senate,
relative to the execution of the act to regulate
trade arid intercourse with the Indian Tribes,
and to preserve peace on the frontiers passed
the 30th March, 1802.
February 22, 1831.
To the Senate of the U. Slates:
I have received your resolution on
the 15tk instant, requesting me “to
inform the Senate whether the pro
visions of the act entitled An act to
regulate trade and intercourse with
the Indian tribes, and to preserve
peace on the frontiers, passed the
30th of Mai cli, 1802 have been fully
complied with on tile part of the U
riitcdStatea’ Government, and if they
|gka.ye not, that he inform the Senate
Spftymasons that have induced the
ta decline the enforce
ment of and I now rq Ly
According to nv ,; ; ; the
referred to, I am ..ot iaware of any
omission to carry iiitd effect its pro
visions in iclatiou to tifade f tuyd inter
course with the Indian tribes, so fai
ns their execution depends on the u
gcncy confided to tire Executive.
The numerous pro vis,,.ms of that
act, designed to seeufc to the Indi
ans the peaceable possessions o!
their lands, may be reduced, substa.i
zens of the U. Slates me restrained,
under sufficient penalties, from cih
i! ’ s VZ t tWf ds ’ r&rti VT
pose ot hunting theteym, or.Of set
l ding them, or of giving their horses
and cattle the benefit of u range up
on them, or of travelling through
them without a written permission;
and that the President of the United
States is authorized to employ the
military force of the country to se
jcure the observance of these provis
! ions. The authority of the Presi
dent, however, is not imperative.—
; The language is, “it shall be lawful
for the President to tuke such meas
ures, and to employ such military
force as lie may judge necessary to
remove from the lands belonging to
or secured by treaty to any Indian
iribe, any citizen who shall make a
| settlement thereon.”
By the 9th section of this net, it is
I provided that nothing in it “shall be
! construed to prevent any trade or in
tercourse with the Indians living on
lands surrounded by settlements of
citizens of the United Stales, and
being within the ordinary jurisdicti
on of any of the individual States.”
’ This pro; ision I have interpreted as
| being prospective in its operation,
: and as applicable not only to Indian j
j (ribes which at the date of its passage
| were subject to the jurisdiction of
[any State, but to such also as should
i thereafter become so. To this con
struction of its meaning 1 have en
dcavored to conform, and have taken
na step inconsistent with it. As
soon, therefore, as the sovereign
power of the State of Georgia was
exercised, by an extension of her
laws, throughout her limits, and I had
received information of the same, or
ders were given to withdraw from
the State the troops which had been
detailed to prevent intrusion upon
the Indian lands within it; andthese
orders were executed. The reasons
which dictated them shall be frankly
communicated.
The principles recognized in the
section last qaolod was not for the
I first time then avowed. It is con
| tbrimiblc to the uniform practice of
| the government before the adoption
1 of the constitution, and amounts to a
.'distinct recognition bv Congress, at
that early day, of the doctrine that
that instrument had not varied the
I powers of the Federal Government
over the Indian affairs from what
they were utidei the articles of con
federation. It is not believed that
there is a single instance in the legis
lation of the country in which the In
dians have been regarded as posses
sing political rights, independent of
the control and authority of the States
within the limits of which they re
sided. As early as the year 1782,
the journals of Congress will show
that no claims of such a character
was countenanced by that body. In
that year the application of a. tribe
of Indians residing in South Caroli
na to have certain tracts of land
whjelkhad been reserved for their
use in that State, secured them free
from intrusion, and without the right
of alienating them even with their
consent, was brought to the consid
eration of Congress by a report from
the Secretary of War. The resolu
tion which was adopted on that oc
casion is as follows :
“Resolved , That it be recommcnd
| ed to the Legislature of South Caro
lina to take such measures for the
I satisfaction arid security of said tribe
as the said Legislature in; their vvis
| (iorn may think lit.”’
Here is no assertion of the right
of Congress; under the articles 6f
confederation, to interfere with the
jurisdiction of States over Indians
; within theii limits, or rather a nega
tion of it; They refused to interfere
jwith the subject, and referred it, un
'dur a general reccnnmeudatsoh, back
i to the State, to be disposed of us her
wisdom might decide;
If, in addition to this act and the
language of the articles of confedera
tion, any thing further can be want
ing to show the early views of the
Government on the subject, it will be
found in the proclamation issued by
j Congress in 1783. It contains this
j language: —“The UniteU States in
| Congress assembled have thought
■proper to issue their proclamation,
Kind they do hereby prohibit and for
f&id all persons fiom making settle
itoenls on lands inhabited or claimed
SB Indians, without the limits pi ju-
of” any particular State.”!
rapd ugan :
[New Series—No. 43.
“Resolved, That the preceeding
measures of Congress relative to In
dian affairs shall not be construed to
effect the territorial claims of any of
the States, or their legislative rights
within their respective limits.”
It was not then pretended that the
General Government had the power,
in their relation with the Indians, to
control or oppose the internal policy
of the individual States of this Union;
and if such was the case under tire
articles of confederation, the only
question on the subject since must
arise out of some more enlarged
power of authority given to the Ge
neral Government by the present
Constitution. Does any such exist?
Amongst the enumerated grants
of the Constitution, that which re
lates to this subject is expressed in
these words: “Congress shall have
power to regulate commerce with the
Indian tribes.” In the interpretati
on of this ptiwer, we ought certainly
to he guided by what had been the
practice of the Government, and thd
! meaning which had been generally
attached to the resolves of the old
Congress, if ihe words used to con
vey it do not clearly import a differ
ent one, ns far as it affects the ques
tion of jurisdiction in the individual
States. The States ought not to be
div ested of any part of their antece
dent jurisdiction, by implication or
doubtful construction. Tested by
tliis rule, it seems to me to be 1111-
questionablei that the jurisdiction of
the States is left untouched by this
clause of the Constitution, and that
it was designed to give to the Gene
ral Government complete control o
ver the trade and intercourse of those
Indians only who were not within the
limits of any State;
From a few of these acts referred
to and the uniform practice of the
Government, it is manifest that untvl
recently it has never been maintain
ed that the right of jurisdiction by a
State over Indians within its territo
ry, was subordinate to the power of
tiitJEctieniiooverntncnt. TirarniTo
trinc has not been enforced, nor cvca
asserted; in any of the Slates of New
England, where tribes of Indians
have resided, and Wheic a fevv of
them yet remain. These tribes
have been left to the undisturbed
control of the States in which they
were found; in conformity with tho
view which has beferi taken of tne
opinions prevailing up to 1789, and
the clear interpretation of tho act of
1802. In the State of New York,
where several tribes have resided, it
has been the policy of the Govern- 1
merit to avoid entering into trea
ty engagements with them, barely
appointing commissioners occasion
ally on the part of the United States
to facilitate the objects of the State
in its negotiations.
The Southern States present an
exception to this policy. As early
us 1784 the settlements within the
limits of North Carolina were advan
ced further to the west than the an A
ihonty of thcStatfe to enforce an e
dicnce to its laws; others were in a
similar condition. The necessities,
therefore, and not the acknowledged
principles of the Government, must
have suggested the policy of treating
with the Indians in that quarter, as
the only practicable mode of Concili
ating their goodwill. The United
States at that period had jus! emerg
ed from a protracted war for the a
chievment of their independence.—
At the moment of its conclusion,
nmrfy of these tribes; as powerful as
they were ferocious in their mode of
Warfare, remained in arms, desolat
ing our frontier settlements. Under
these circumstances, the fifst trea
ties, in 1785 and ItOO, with the
Cherokces, were concluded by the
Government of the United States,
and were evidently sanctioned as
measures of necessity, adapted to
the character of she Indians, Hud&ia
ilispensable to the peace ntui securi
ty rtf the western frontieV. but they
cannot be übtleistood as changing
the political relations of th£ Indiana
to the States, or to the Fcdyi
ermnent. To effect this would have
required the operation of quite a dif
ferent ptinciple, and tho intervention
of a tribunal higher than that of the
treaty making power.
To infer from the assent of
Goveiniueiit to this duviatic
