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From the Globe.
CLAY M EETINGS,
The first resolution adopted hy the
Clay meeting in Philadelphia reads
-as follows, viz:
*fi<ttolred, That the policy arul the comHict of
Andrew Jackson as President of the U. States,
have t*fre than realized the apprehensions of I vis
opponents, and I*y their contrast with professions
Yolnutai ily made, and w ith pledges solemnly
given, must have disappointed all who supported
his election from motives of patriotism, or who
deemed him (junllfnn! hy habit, temper, principle,
knowledge or unde island iug, tor the Executive
t chair. \
• We are hero told, t hat the “appre
hensions” of those who opposed the
election of General Jackson have
been “more than realized.” To
■ approximate the standard at which
. they estimate the demerits of the ad
ministration, it is necessary to rccol
leet what their apprehensions were.
It is not possible to collect all the
prophecies of evil, which were disse
minated through the Union in news
papers, handbills and pamphlets, as
the certain consequences of the elec
• tion of General Jackson. But we
have an excellent summary of the
whole, in ndocimieut which the fol
lowers of Henry Clay cannot disa
vow. It is the speech of their lead
•cr at Hultimorc, in which he impi
ously besought the Almighty to visit
our happy country with “war, famine
and ‘pestilence, or any other scourge,”
rather than suffer the people to elect
the military Chieftain. These then
• were their “apprehensions”—some
thing worse than “war, famine and
• pestilence., or any other scourge.”
They apprehended worse than that,
and the Philadelphia Clay-jpen re
solve, that they have realized more
than they apprehended!
What is it worse, much worse, than
- ‘‘war, famine ana'pestilence, or any
• Other scourge,” which has flowed
from the election of Gen. Jackson?
Peace reigns in our borders; our
settlements are rapidly spreading,
population increasing, beautiful a
bodes of comfort and case every
where rising in our towns and in the
couutrv, farms and plantations on e
very side improving, roads extend
ing, canals opening, and society ad
vancing with unparnlied speed.
This is witnessed under Gen. Jack
son’s administration. This the Phi
ladelphia luwyers reserve to be worse
than their “apprehensions”—worse
chan “war, ramtnc and pestilence or
any other scourge”—worse than
sacked cities and a devastated coun
try—worse than fields drenched in
blood and a nation clad in mourning.
Plenty prevails in all our dwell
ings. Our fields yield rich supplies
of bread, our pastures are covered
■with cattle, Our rivers and the o
cean pour forth their finny tribes. In
no country of the world are the means
of coinfort and luxury more abun
dant. Moderate labor gives food,
clothing, health and joy to every fa
.Jtnily.
This is the condit‘l9ll of the coun
try under Gen. Jackscn’s adminis
tration. This the Philadelphia luw
yers resolve, is worse than “war,fa
’ mine pestilence or any other
Scourge”—worse than a starving
f people, seeking roots and herbs in
Ewampsandon mountains to prolong
a miserable existence—worse than
men perishing with hunger in their
fields—worse than babes dying upon
the breast of their starving mothcis.
Health pervades our land.
Plagues are unknown. Epidemics
are unfrequent. Seldom are the
minds or bodies of our citizens ren
dered incapable of the highest exer
tion.—Beauty and strength walk e
very where around us. Genius and
sliill are filling our country with en
chantments.
Yet the Philadelphia Bank men
•resolve, that this is worse than “war,
famine and pestilence or any other
•couiee” —worse than citizens heap
ed with the dead and dying—worse
than farm houses full of the dead bo
dies of their occupants, whom there
is none to bury—worse than high
ways strewed with the bodies of tra
vellers—worse than a pallid, ticmb-
Jing population, emaciated w ith fe
vers and plagues, to whom life is a
burden, and death would be a bles
sing.
Earth shakes not beneath our
feet; flames do not burst from our
mountains; the ocean regards its
prescribed limits; our winds blow
gently, and kindly fall our rains;
*vild boasts and pestilent insects do
not destroy our cattle and our crops;
Yet the Clay-i/ipii in Philadelphia
Resolved that this is worse than “w ar,
|PPn pestilence or any other
scourge”—worse than earth-quake*
destroying our habitations and sink
ing our cities—worse than volcanic
eruptions burying in rivers of burn
ing lava whole plantations and
towns—worse than fires and hurri
canes, tempests and inundations —
worse than the ten plagues of Egypt
—the river of blood—the frogs—the
lice—the flies—the murrain of beasts
—the biles and blains—the lightning
and hail—the locusts—the darkness
which could be felt—the destruction
of the first-born of man and beast!
YV e will not pretend that all the
blessings wc enjoy, have been the
fruits of “the policy and conduct of
Andrew Jackson, ns President oftlie
United States;” but we will say,
that by his “policy and conduct” they
are secured and perpetuated. Why
do not these men specify the evils
which ho has brought upon the coun
try ? Has he brought the scourge of
war upon us ? lias he filled our land
with desolate widows and fatherless
children? lias he ground the poor
with useless taxes? Has he filled
our prisons with innocent men and
let the guilty go free? Has he de
prived any man of his lights? Is
our Army disbandoned and our Navy
destroyed? Has 110 violated the
laws and set at nought the Constitu
tion? lias he brought on 11s the
contempt of foreign nations? Has
he abandoned our national rights
and sacrificed our interests in his ne
gotiations? lias 110 let slip any oc
casion to render benefits to our
States jointly and severally ?
In vain will the 2000 partisans
co'lcctod to shout acquiescence in a
y thing their lords and lend
ers might dictate, cast their eyes a
round to discover a single instance in
which he has abused or neglected
duty. In that assemblage there
were few who supported his election.
Whence do they derive authority to
speak for those who did? They will
speak for themselves. Few indeed
there are, “who supported his elec
tion from motives ot patriotism, or
who deemed him qualified by habit,
temper, knowledge or understand
ing, for the Executive chair,” w hose
opinions of his fitness have not im
proved, and who do not find in his
“policy and conduct,” additional in
centives to stippoi i his re-election.
TRISTRAM BURGI!SS’*S!'R!vCit TO ftJF,
mJW-UKftUU.YS
The old midnight Judge of John
Adams, who thanked his God that
he was not a democrat, seems, after
a torpor of almost thirty years, to he
awakened as if from a trance, ami
all his malice is brought into activ
ity against Republicanism, by the
hopes inspired by Mr. Clay’s aposta
cy. lie has turned missionary in
the cause of his new proselyte—has
assumed the avocation of table ora
tor,\and following in the wake of Mr.
Web ster, endeavors, by a cloud of
calumnies, to countenance the efforts
of liis superiors against the adminis
tration. Poor Burton, the degraded
Senator from Missouri, played the
part of bottle-holder to Mr. Clay last
yeai in the West. Burgess is still
more condescending, and pours out
his lamentable falsehoods over the
fragmentsofClav’s subalterns’ feasts.
YV e must be pardoned for noticing
slanders fiom such a source—the
invectives are repeated where the
author is forgotten or unknown.—
YVe shall notice liis fabrications in
relation to the Post Office, and iu
the first place, bis statement that
u The Department, ts utterly Insolvent ”
The Congressional Documents
which have been laid 011 that gentle
man’s table in the House of Repre
sentatives, shew that the Depart
ment bad, at the end of the .last fis
cal year, in the Treasury of the U
nited States, a clear unexpended
balance, in its favor, of $148,724 22,
and that its receipts were increasing
in a greater ratio than its expendi
tures were, —the increase ofreeeipts,
ever those of the preceding year,
being $143,1G4 GB. As there can
be 110 doubt of his acquaintance with
these documents, we must believe
this falsehood to be a wilful one.
“He (Mr, McLean ) left the Olljce rjgh in funds,
laid up from its own reycpuc.”
This, and the context, and also
the omission to tell the whole truth,
are meant to convey the belief that
the Office, when Mr. 3lcLean left
it, not only had a large surplus fund
on hand, hut that its revenues were
in a prosperous condition, yielding a
current income greater than the ex
penditures; and that thatsurplns had
been wasted by the extravagance of I
Mr. Barry. J
:-On- tlio 31st March, 1829, Mr.
McLean wrotmu letter to Mr. Barry,
in which he states “the expenditures
of the Department will this year ex
ceed the receipts, as was the case lest
year. But the increase of the re
ceipts will shew the rapid advance
ment of the Department. It is. the
true policy to keep the funds active,
and never suffer a large surplus to
accumulate. The above remarks
are made, because some persons are
ignorant enough to suppose that the
Department is sinking, provided its
receipts do not in the current year
equal or exceed the expenditure.”
Atopy of this letter is to he found a
mong the Congressional documents.
It is a fact that on the Ist April,
the end of tile quarter of 1829, live
days before Mr. Barry came into of
fice as Postr-iuster General, the cm
rent expenditures for the preceding
fiscal year andincluding this quarter,
exceeded the income oftlie same pe
riod, hy a balance of $77,241 17.
Tiie Department was also burthen
ed with thee *|jcnseof the new routes,
created hy the act of 1828, the ope
ration of which did not commence
till the Ist January, 1829, and upon
which onW one quarter’s payment
bad been made. The falsity of the
orator, in this particular, consists in
concealing the fact, that the rich sur
plus fund which Mr. McLean left,
lie left charged and encumbered with
a deficit in his own current receipts
us above stated; and also charged
with the extra and increasing ex
pense of the new routes, which he
had just set in operation. But it was
not the business or the disposition of
the orator to disclose the fact, that
lie so well knew that this rich sur
plus fund, so far as it was used by
Mr. Barry, was applied to discharge
the deficiencies and engagements
that had accrued during the admin
istration of his predecessor. He
better knew the vocation wherewith
lie was called. It was his object to 1
calumniate Mr. Barry, by making it ‘
believed that lie had w asted this sur- j
plus fund by liis own act®. And for ■
this purpose the honorable gentleman (
resorts to the suppressio veil. — Globe. 1
J!rTnn'h’fxuc !—Who onild believed it ! ■
ITos*.4}>i.h*<i cr.iie(t uito tho Navy! Commodore j
liunbrid*;* removed!! Aont’ier riclhrt
etl! 1 * AVtfJom/;Yvjthout caoM —wnltoiti u hear* \
in”!!!.’ “Prodigious !” Uuf, lo the fact. Com. j
H.yinbbidgf. lie*s been superseded, in fu* corn-|
nmiid of IHv Nnvy Void nt Piiiladv lyhiii, by C urn. 1
W v';ri>g ion; Ti.uU'k -J! I
Wt*r Commodores mink, like other pro|\!c. that J
•turn about i.s fair IF one of ilium be sent j
out to in t tie UtdCof Mexico or the Medi- J
ten nuean, he is apt to believe he ought, in doe j
S’ Hiioit, io be superseded. On ilie other hand, j
if one ofthem unjvvs, for a f**v years, a “profit
| able station”—-Audi as the commaml of'fhe Navy ]
; Vard at Philadt Ipiiia—the oibeu are quite as apt J
10 contend, that ought to lie superseded. j
*• l orn !• as proper iu the comfoii* and c- I
mohimenrs of the service, as it i* fair ami imlis- i
pcnsable in iu loikapd its perils. The govern- 1
ineni tli<Tefi>rc tiiifk it necessary, Y\itii a view to ,
render equal and exact justice to our military and j
naval officers, to order tbeui from station to sta- .
lion, and from ope description of service to ano- I
I her. Coiuhwdofe is still in the ser- j
vice, and is mow probably discharging the duties ‘
heretofore ptifuinied by’ Com. Warrington. j
Louisville Advertiser* i
If the of the Supreme Court be cor
rect, Gun. .Jmcljsoii h;s evidently been basely and
malignantly Du the Clay L4ito> ac
tpTusce l — lb. ‘’
If the President, by respecting the rights of
Georgia was counteuauciug rebellion, the Su
preme Court is now encouraging treason, Do
th * Indian allies ‘’acquiesce.*’— lb.
It will bo seep by the following from tfie New
Orleans Courier of the IBtli iiist. that dinners to
fallen Statesmen and noisy demagogues arc not
so much in vogue iu that city as in this.
Mr. Clay has now been in this city two months
or more, aud, as yet no demonstration in his be
half, except a faint hurrah at the American
theatre one night, which was at once put down
hy enthusiastic shouts of for old hiskwy!”
zwdia?; ArPAmsT
The Cherokee Nation
vs-
THE STATE OF GEORGIA.
JANtMRV TERM, JB3L
Opinion of the Supreme Court of
the Uniied States, delivered bv
Mr. Chief Justice Marshall, on a
motion of the Cherokee Nation!
fora YY'rit of Injunction and Sjj h-J
poena against the State of GaJfgi.
This bill is brot> lit by the CheroY
kee Nation, praying nq injunction W
restrain the Slate of Georgia frotfr)
the execution of certain Jaws ©{"that
j-tate, which, as alledged, go direct
ly to annihilate the Chetokees as a
political society, and to seize, for
the use,of Georgia, the lands of the
‘■nt in whi’ih hare been assured to
themdSjt the. failed States in solemn
treaties repeatedly made and still in
fi>rc<G
If courts were permitted to indulge
thejr sympathies, a case better cal
culated to excite them can scarcely
lie imagined. A people once nutm
nous,. p©w|glp aud truly indepenck
out; found by our ancestors in the!
quiet and uncontrolled possession of
un ample domain, gradually sinking
beneath our superior policy, our
arts and our arms, have yielded
their lands by successive treaties,
each of which contains a solemn
guarantee of the residue, until they
retain no more of their former ex
tensive territory than is necessary to
their comfortable subsistence. —To
preserve this remnant the preseut
application is made.
Before we can look into the mer-
its of tlie case, a preliminary inqui
ry presents itself. Has this Court
jurisdiction of lire cause ?
The third article of the constitu
tion describes the extent of the judi
cial power. The second section
closes an innumcration of the cases
to which it is extended, with “con
troversies, 1 ’ between a state or the
citizens thereof, and foreign states,
citizens or subjects.” A subsequent
clause of the same section gives the
Supremo Court original jurisdiction
in all cases in which a state shall
be a party. —The party defendant
may then unquestionably be sued in
this court. May the plaintiff sue in
it? Is the Cherokee Nation a for
eign state in the sense in which that
term is used in the constitution ?
The counsel for the plaintiffs have
maintained the affirmative of this
proposition with great earnestness
and ability. So much of the argu
ment as was intended to prove the
character of tlm Cherokees as a
state, as a distinct political society,
separated from others, capable of
managing its own affairs and gov
erning itself, lias, in the opinion of
a majority of the judges, been com
pletely successful. They have been
uniformly treated as a state from
the settlement of onr country. The j
numerous treaties made with them \
hy the United States recognize them
as a people capable of maintaining
the relations of peace and war. of
• being responsible in their political j
j character for any violation of their j
j engagements, or for any aggression
‘committed on the citizens of the U.
1 Stntes by any individual of their com
\ uiunity. Laws have been enacted
lin the spirit of these treaties. The
i acts of our government plainly re
! cognize the Cherokee nation as a
! stale, and the courts are bound by
’ those acts.
| A question of much more difficulty
(remains. Do the Cherokees con
j slitute a foreign state in the sense
oftlie Consitntion i
i Their counsel have shown con
clusively that they are f>ot a state of
j the Union, and have insisted that
! individually they are aliens, notow
j ing allegiance to the United States.
! An aggregate of aliens composing a
j state must, they say, he a foreiga
! stilte. Each individual being foi
jeign, the whole must be foreign.
I This argument is imposing, but
, l we must examine it more closely be
j fore vve yield to it. The condition
•of the Indians in relation to the U.
States is perhaps unlike that of any
other two people in existence. In
the general, nations not owing a com
mon allegiance are foreign to each
other. The term foreign nation is,
with strict propriety, applicable by
either to the other. But the rela
tion of the Indians to thjj U. States
is marked by peculiar and cardinal
distinctions, which exist no where
else.
The Indian territory is admitted
|to compose a part of the U. States,
i fn all our maps, geographical trea
j tics, history, and laws, it, is so con
• sidered. In all our intercourse with
1 loroigu nations, in our commercial
rcgulat ions, m any attempt at in
tercourse between the Indians and
foreign nations, they are considered
,as within.the jurisdictional limits of
| subject to many
,ijf Ajaints which are impos
•■’ , :£ own citizens. They
themselves in their
••Jp® t°Ge under the protection
f'Ar** United States: they admit
■ that the United States have the sole
and exclusive right of regulating the
tiade with them, and of managing
all their affairs, as they think propt
er, and the Cherokees iu particular
were allowed hy the treaty of Hope
well, which preceded the constitu
tion, qo gend a deputy of their
choice, whenever they think fit, to
•ingress.” Treaties were nad<
* ,tll ® omu tr 'l ,es of the Btnte o;
New York, under a then unsettled
construction of the confederation, bv
which they ceded all their lands v,
tiia f st ? te ! ‘iking hack a iiiqitcd
grant to themselves, in wliitb thef
admi£theii dependence.
Though the Indians are acknow
ledged to have an unquestionable
and hcietofore unquestioned right.to
the lands tfiey occupy until that l ight
shall he extinguished hy a voluntary
cession to our government, yet it
may well be doubted whether those
tribes which reside wi bin the ac
knowledged boundaries of the Lni
ted States can with strict accuracy
he denominated foreign nations.
They may more correctly perhaps
be denominated domestic dependant
nations. They occupy a territory
to which we assert a title indpend
enl of their will, which must take
effect in point of possession when
their right of possession ceases.
Meanwhile they are in a state of pu
pilage. Their relation to the Uni
ted States resembles that of a ward
to his guardian. They look to oui‘
government for protection, rely up
on its kindness and its power, ap
peal to it for relief to their wants,
and address the President as their
great Father. They and theiocoun
try are considered by foreign nations
as well ashy ourselves, as being so
completely under the sovereignty
and dominion of the U. Stutes that
any attempt to acquire their lands,
or to form apolitical connexion with
them would be considered hy all as
an invasion of our territory, and un
act of hostility.
These considerations go fur to
stipport the. opinion tliatthe framers
of our Constitution had not the In*
dian tribes in view, when they open
ed the courts of the Union to contro
versies between a state or the citi*
zens thereof, and foreign states.
In considering the subject the ha
bits and usages of the Indians, in
! their, intercourse with then while
‘neighbors ought :ot to be entirety
I disregarded. At the time the CoiW
i stitution was framed, the idea of ap
! pealing to an American court ofjus
j tice for an assertion of right or a re-
dress of wrongs had perhaps never
entered the mind of an Indian or of
histiibe. Their appeal was lo th
tomahawk, or to the government.
This was well understood by the
statesmen who lramcd the Constitu
tion of the United Stutes, aud might
furnish some reason for omitting to
enumerate them among the parties
who might sue in the courts of the
Union. Be this as it may, the pe
culiar relations between the United
States and the Indians occupying
our territory are such that we should
feel much difficulty in considering
them as designated by the term fo
reign stale, were there no other
part of tile constitution which might
shed light on the meaning of those
words.-—But, we think that in con
struing them considerable aid is fur
nished by that clause in the eighth
section of'the the third article which
empowers Congress to “regulate
commerce with foreign nations, a
inong the several states, ana vyith
the Indian tribes.”.
Iu this clause they are as clearly
contra-distingtiisheri by a name ap
propriate to themselves, from for
eign nations, ns Horn the several
Slates composing the Union. They
are designated by a distinct appella
tion, arid as this appellation can lie
applied to neither of the others, nei*
ther can the appcllutiou distinguish
ing either of the others be in fair con
struction applied to them. Theob*
jects to which the power of regulat
ing commerce might bgdtrected, ar:
dm.led into three
foreign natifns, States,
and Indian tribes. framing*
tills article the convention considers
ed them as entirely distinct. YY'e
cannot assume that the distinction
was lost in framing a subsequent ar
ticle, unless there be something in its
language to authorize the assump
tion.
The counsel for the plaintiffs con
tend that file words “Indian Tribes”
were introduced into the article em
powering Congress lo regulate com
merce for the purpose of removing
those doubts m which the manage
ment of Indian affairs, was/involved
by the language of the ninth article
ot the confederation. Intending.to
give tho whole power of managing
tnesc affairs to tho Government, a
bout to be instituted, the convention
confined it explicitly, and omiltid
those qualifications which ombarrus
■ed the exercise of it as grunted m