The Washington news. (Washington, Ga.) 1821-183?, April 16, 1831, Image 1

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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