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<is< exclusive power of regulating
intercourse with them might have
been and most probably would have
been specifically given in language
contra-distinguishing them from for
eign nations. Congress might have
been empowered “to regulate com
merce with foreign nations including
the Indian tribes, and among the
several States.” This language
would have suggested itself to states-t
men who considered the Indian tribes
asloreign nations, &, were yet desir
ous of mentioning them particularly.
It has been also said that the same
words have not necessarily the same
meaning attached to them when
found in different parts of the same
instrument. Their meaning is con
trolled by the context. This is un
doubtedly tine. In common lan
guage the same words have various
meanings and the peculiar sense in
which it is used in any sentence Is to
be determined by the context. This
may not be equally true with respect
to proper names. Foreign nations
are a general term, the application
f which to Indian tribes when used
In the American Constitution is at
best ext remely questionable. In one
article in which, a power is given to
be exercised in regard to foreign na
tions generally, and to the Indian
tj ibes particularly, they arc mention
ed as separate in terms clearly con
tra-distinguishing them from each o
tlier. We perceive plainly that the
Constitution in this article docs not
comprehend Indian tribes in the ge
neral term foreign nations, not wo
presume because a tribe may not be
nation, bat because it is not foreign
to the United Stales. When after
wards (he term foreign State is intro
duced, we cannot impute to the con
vention the intention to desert its
former meaning and to comprehend
Indian tribes within it, unless the
Context force that construction on us.
We find nothing in the context, and
nothing in the subject of the article
which leads to it.
The Court has bestowed its best
attention on this question, and after
mature deliberation, the majority is
of opinion, that an Indian tribe or
nation within the United States is
not a foreign State in the sense of
the Constitution, and cannot main
tain an action in the Courts of the
United States.
A serious additional objoction-nx
161s to the jurisdiction of the Court
is Ihe matter of the hill the proper
subject for judicial inquiry and decis- i
ion? It seeks to restrain a forcible j
exereise of legislative power over a j
neighboring people asserting their:
independence, their right 10 which j
tlie State denies. On several of the I
Matters alleged in the'hill, for exam-;
pie on the laws making it criminal!
to exercise the usual powers of self j
government in their own country hv !
the Cherokee Nation, this Court j
cannot interpose, at least in the form ,
in which those matters arc present-
That part of the bill which re- j
spects the lands occupied by the In- 1
dians, and prays the aid of the Court
lo protect their possessions may he
more doubtful. The mere question
of right might perhaps be decided by
this Court in a proper case with pro
per parties. But the Court is asked
to do more than decide on the title.
r The hill requires us to control the
legislation ofGeorgia, and to restrain
the execution of its physical force.
The propriety of such an interposi
tion by the Court may well be ques-
too much of the
vjMlitical to he
withintnWJper province of the ju
dicial department. But the opinion
on the point respecting pat ties makes
it unnecessary to decide this question.
If it he true that the Cherokee na
tion have rights, this is not the-tri
bunal in which those rights are to be
asserted. If it be true that wrongs
have been inflicted and that still
greater are to he apprehended, this
is not the tribunal which can redress
the pastor prevent the future.
The motion of an injunction is de
nied.
Dividend, INo. £6.
Uamc State of Georgia. )
Savannah 22d, April, 1831. y
THE hoard of Directors having
this day declared a Dividend
of S3,GO per share, on the Capital
Stock of this Bank, for six months
ending on the 31st March ultimo,
Ihe siiine will he paid to the respec
tive Stockholders thereof, or to their
order, on and after Wednesday next,
A. PORTER, Cashnr.
April 23, J.831* *L 4v —3 1,
. vs,-- V . -BMVi ;
<T <K’ iST e iuja ,
WASHINGTON, APRIL 30. 1831.
Ihe Cabinet.— The Secretary of State, IVar f
Treasury , and Navy, ofthe United States , have
resigned. It appears from the resignation of Se
cretary Van Buren, as published, and the answer
ot President Jackson that they separate upon the
most friendly terms, anti that the causes are of a
nature believed to effect the interests of the coun
try. Mr. Van buren declares that he is anxious
to preveut a premature agitation ofthe question,
who shall succeed Andrew Jackson as President?
or at any rate, to repress at an early day, the
disposition manifested to connect his name wilh
that disturbing topic Mr. Vau Buren concludes
his letter cf resignation tn the following lang
uage, viz:—
‘‘Rest assured, sir, the success of your admi
nistration, and the happiness of your private life,
will ever constitute objects of the deepest* solici
tude with your sincere friend, M Sic.
The President in answer speaks in the warmest
terms of approbation ot Mr. Van Buren, and ob
serves, 4 ln the most difficult,and trying moments
of my administration, i have always found you
sincere, able and efficient—anxious at all limes
to afford me every aid’ and tells him ‘ that if in
any other station, the Government should have
occasion for services, the value of which has been
so sensibly felt by me, will not be wanting.” A
gain, the Piesident says—“l have seen in you no
other desire, than to move quietly on in the path
of your duties, and to promote the harmonious
conduct of public affairs,”
He concludes assured that the in
terest you express in my happiness is most hear
tily reciprocated—that my most cordial feelings
accompany you, and that i aut very siucerely,
your friend.”
Fore gn —The last accounts state that Warsaw
had not fallen. 1 l.t* Poles were firm and stead
fast, and that the Russians had been defeated with
great loss in men, and some pieces of ordnance..
All Europe is agitated, and hov, things will end,
time alone can disclose.
We Have received two numbers of the 44 Macon
Advertiser , and Agricultural and Mercantile In
telligencer,” published semi-w£ckiy in Macon,
by M. J. Slade, at five dollars per annum, ll
has a commanding appearance and will, no
doubt receive that support its able editor is enti
tled to.
PIIILVOT’S CASE.
We have read the remarks ofthe Constitution
alist of the 22d, iiiit. upon the subject above, and
find nothing in them lo alter the opinion already
expressed in relation to judge Holt's decision.
As to the allusion of the Constitutionalist that a
clamor exists tor the avowed purpose 4 to break !
down judge Holt,' 4 and that an opportunity would
| have been sought to effect the same, if the Phii
| pot case bad not occured, it is, so far as it regards
; the part that we have taken in this clamor, desti
tute of the least foundation. We caiVilot divine
the object of others, nor can we gay that some
will not fake; advantage of the present excite
ment, and endeavor to turn it to their own ad van- j
tage.—
We confess frrelv, that it is our desire to see j
anginau removed from- office, when he exercis- i
cs the duties entrusted to him in an arbitrary and j
unlawful manner, mjd when an individual is illc - j
gaily compelled to Suffer imprisonment merely :
through the prejudice, u-him, or ignorance , of
another, who hag been entrusted with flic admi- !
nistration of justice.
That Philpot is illegally imprisoned at this 1
time we are well satisfied, and the decision of j
; Judge Crctirford, and the opinion of Judge La- j
mar, upon t lie subject confirms our belief ofthe j
fact. We do contend that the affidavits • fie red (
the court purged Philpot from the contempt s id I
to be given, that they ought to have been receiv- j
cd, that the return was full and complete, and
that tiie attachment ought to have been dismiss
ed and the prisoner set at liberty These are
the grounds we have assumed, and feed confident
that all well informed jurists, not laboring under
prejudice, will sustain us. Judge Lamar in a
communication to Judge Holt, says
“To prevent a final decision from being delay
ed for the want of my opinion, permit me to say
that further reflection has not changed the opin
ion which 1 intimated to you in Augusta. I hold
jlhaLthe alleiiged contempt of Philpot has been
sufficiently purged by his own affidavits—corrob
orated as ihov are by the affidavits of other per
sons. and to be discharged from
further flic has committed Per
jury in those afiidptfts he is amenable to the
criminal Law.”
It will be seen that Judge Lain a r had express
ed bis opinion to Judge Holt while in Augusta,
and this was done too, at a Ihietownhyn thubuhject
was fresh in his memory; vi
very time been argued befnraß**, v,
tore deliberation lie says
ha* not changed the opinion.'’ And
• pinion y “That the atlcdged confemprt
pot has been sufficiently purged by his >
davits,” &.C. “and that he ought to be digchaigeu
from further imprisonment.”
We have before said that according to judge
Crawford's opinion, Philpot ought to be released
l onj imprisonment; we will explain our reason, —
judge Crawford says— 44 Upon Hie whole, I think
Philpot ought to remain attached until” [until
when?] “until he produces the boy James, OR,
shews that it is impossible to produce him. 1 ’ Wo
contend that Philpot has already shewn that it L
impossible for him to produce die boy, ami there
fore he ought to be discharged. Judge Holt ad
mits that Philpot made the following return
-“That the boy Jame3 mentioned in said wri j
not in his possession or custody at the time
*• . id writ was served upon him, pqr had J
“ been in his custody or possession since the 6o
44 vice nf said writ, and that it is not in/tispowc
-4,4 produce Spidboy,” It is algo utfmmctj by
the Judge, that th nffitlavfts tillerc&'by
were* full and suffuettntf if the court had recei
ved them. And why did the court reject them /
Another part of his decision will explain-. “But
“ suppose the subsequent affidavits of Philpot,
44 Carey, and Furfev, (the affidavits offered,) to
“ be receivable by the court, must it not exercise
“Us judgment upon them reference to the in
-44 terest fht affiants have upon the question—and
“ may it not choose which to believe, when
“ contradictory, the admission and return of
“Philpot, or the subseqvcig affidavits?’ Ad
mit this, aiid we have a* mfmy emperors as we
have judges. Let iw put the matter in plain lan
guage. A man makes Tiis affidavit, and produces
the affidavits of two others in support of the facts
contained in his —& the judge savs what yon all
have sworn to is full k sufficient to gafm the object
saught.but /do not Relieve you—my prejudice is too
strong k therefore I prefer taking the bare statem
ent of one Jofyou, iajp reference to the affidavits fit
all ofvoir, —therefore your afiidavitsare set aside.
In the name of eotmaou sense, where dW judge
Holt find any law or precedent to justify so ab
surd a position ?
If a judge has the right to set aside three affi
davits, he has the same right to set aside five thou
sand, and how is Pljlpot to “shew that it is imr
possible ” for him to produce the boy? In vain
may he tell his honcr, I am confined by yon with
in the walls of a prison—the boy, y<fU admit is
out of the State, and may be dead, and you know
that I cannot go after hiirr, ami yet you jay I
i shall produce him or remain in prison until 1 rot.
In vain may he offer his offiflavits supported by
the affidavits ot others, erahrucing'facts admitted
by the judge himself, to lie “fully sufficient” to
purge tjie contempt, if he rh&ore to receive them—
for being bent on punishing his victim, he an
swers, this ail appears fair, but 1 do not, nor wit!
I believe you—though you may swear through
thick and thin, back to jail you shall go.—thereto
remain until you produce the boy. Absurd—
there is neither reason or justice in it. Os l ight
the affidavits should have been received, and if
the individual or inviduals purjnrcdthemselves,
there is law enough in the land to punish them j
tor it. \\ hat right has Judge Holt to set aside j
th’eoath of any man upon hh bare impression that j
through the chances of possibility he may have i
sworn falsely ? None upon earth.
Philpot bus as- much right (o question iheoath |
of judge Holt or any body iffse ns they have to j
question his. The friends of Judge Holt ought j
not to dread any thing than can be said in re-j
ferencs to his decision, if tiwy are satisfied of
the solidity of it. It has brert spread before the )
public and cannot be altered, if erroneous do- !
Auctions are drawn from it—the community
have it in then* power to! rectify them. On (he J
other hand, if if is believed that he has exercised j
the authority entrusted to him in an unlawful
and arbitrary manner, he certainly ought, and
wc hope will receive a verdict to be made up by
the people suited to Jiis case.
Train the Georgia Courier •
PHIL POT’S CASE,
j The Constitutionalist of the 16th
inst. promises to give a statement in
the next No. ofthe facts in this case,
instead of which, it gives Judge
Holt’s Opinion, with a renewed pro
mise of the statement in its next.—!
New the next number, which hears |
•late the 22d inst. is before me, hut I
I cnu perceive no statement of facts, j
but merely a critique upon “a plain j
dealer,” and a Tew broad assertions, !
unsustained by testimony and tin-;
founded in fact. But ns the public !
| must be aware of the source from j
| which those pieces emanate, they
‘will, without doubt, make all dae al
lowance for prejudice and partiality.
Tbct the writer for the Constitution
alist feels it incumbent on him to
support Judge Molt in bis opinion—
screen him from public Indignation,
and bring him through his present
dileranm unscath'd, there is no man
ner of doubt, as it is the generally
received opinion in this community,
that all opinions upon ail important
points of jaw, which are fathered by
his honor,rare begot by this same
writer, and are palmed upon the
public as legitimate. But that the
writer for the Constitutionalist will
effect his object is very problemati
cal; for if the first broaching of this
all important and absorbing subject
can make him wince and writhe, as
it evidently does, by Im calling it ‘-a
violent effort to break Judge Holt
down,” how will.be beat uji under
the plain unvarnished-statement of
facts that are now about being laid
before the public? I have been at
some pains lo investigate this sub
ject, although not in the slightest de
gree interested, (otherwise than eve
ry citizen should be in a just admiti
fcisir#tion of the law,) and have arriv
led ai-tbe conclusion, that Philpot is
100 to illegally suft'eiing by the despo- j
I firm of a\ •used power; and they j
... tUie extracts from the opinions, of
Judges LamaVand Cra ford, vvliiri.
were published in the Constitution
alist ofthe 22d,tfemtliave piincipal
ly lead me to the'eoncfusioii. Judge
latter part of the above sent life to |
e conclusive; and if it is not s^trtci
■ bat Philpot has ouJicred tour fc
ment illegafly, since tho promulgati
on of this opinion of Judge C’s, no
argument or proof whatever, can ef
fect.it. Judge Holt in his opinion,
as published, admits that the boy has
been carried to Missouri. Now al
most every person iu this communi
ty knows the pecuniary situation of
Philpot—that he is a poor man, with
a family wholely dependent upon his
manual exertion for sustenance—
that if the boy was here at his door
it would he impassible for him to buy
him, much more to go to Missouri
for him; therefore, I affirm, that by
Judge Crawford’s opinion, Philpot
ought, long since, to have been dis
charged; for he has unequivocally,
shewn, by affidavits now on file in
the Clerk’s Office, that it is impossi
ble for him to produce the boy. I
will endeavor in futuie numbers to
prove to the satisfaction of an impar
tial and discerning publio that the
proceedings ii. this case, from the
very beginning, have not only been
altogether illegal, but unprecedented,
INVESTIGATOR.
Comynunicated for the Augusta Chronicle.
Mr. Pemberton. —ln common with many of the
citizens of this place, i was expecting 1 to see in
the Constitutionalist of yesterday, a full and im
partial statement of all the proceedings in the
ease vs. Pitir.poT, and must confess my utter as-,
tonishment at only seeing the decision of Judge
Iloi. r. Mow can the editor of that paper, or the
fi iends of Judge Holt, expect the public to judge
correctly without being placed in possession of
all the facts on which the decision was founded,
and which were expected before the decision?”
Understanding that one of the counsel of Philpot
■ hBX obtained a full exemplification ofthe whole
I proceedings, and that the same will be laid before
the public in a few days, l shall forbear making
S ao.V comments at this time, barely observing, that
a Judge must be poor indeed (after a lapse of six
j months,) who conid not shape or mould a decis
} i° n sufficiently plausible lo support aa opinion
1 founded in error. A FREEMAN
j “ Will the editor of the Constitutionalist please
j publish a record of the proceedings.
Communicated for the same.
! It is respectfully solicited that no opiuion upon
* the case of Philpof, should be 101 incd, for the
space of a few days, wlieu a full Report of the
case, supported almost entirely by the Records
| of the Court, will be laid before the public.—
Such a report was made out by one of Rhilpot’s
counsel, andsubinitted to Judge Holt, for correc
tion IJ is Honor bn\ ing refused to cornet it,
every thing which was contained in the original
draft, which could not be supported by at least
two wfitnesses, or by one witness confirmed by the
Records ofthe Court, was rejected, and the Re
port, thus altered, has been forwarded to the ed
itor of the Journal, and will probably appear in
the next number of that paper. In using the
Journal as a vehicle of publication, instead of one
, ofthe Gazettes of this city, the Reporter was in
. lluenced by no other motive than a desire to give
j the case as wide a Circulation through the State,
iu possible. The decisions in Philpot’s case, are
of vital importance to Hit* interests of the People
of Georgia Il'tltey be correct, the case will dis
j close to the People, that their Judges are invested
j with a dangerous and alarming power—if they
; be incorrect, the lesson will be no less instructive
I to the people, in teaching them the necessity of a
j Court of Errors. A CITIZEN
The following was handed to us by a member
j ofthe bar.
j GEORGIA—Lincoln County.
I SCI’LHIOR COURT, OCTOBER TERM, 1830.
! Elizabeth Glover,
alias Elizabeth Going I
v * Assault k Battery,
! ravis McKinnc, Samuel Sand False iinpriscu-
Joncs, Jesse V\ alker, Al- I rnent.
leu Curry, William Gktze,
and Jeremiah McKinue, J
1 he above case came on tor hearing at the A
■ P*‘d Term of the Superior court of Lincoln coun
ty, Hon. Wra. H. Crawford Judge. It was ob
jected on the part of the defendants, Justices of
the Peace, that they should have been served
with notice in pursuance to the statute of George
the second, iu addition to the copy of the process,
and that as this had not been done the case ought
to be dismissed.—-Plaintiff s counsel contended
that the statute of George second, was not in
force iu this country, and icfered to Schley s’
Digest, where all the statutes are compiled which
are ol force in this State and that the chapter re
quiring notice, was not to be fouud.—The Judge
dicided that uhether it was found there or not,
that the statute was of force in this circuit, and
accordingly made the following entry .—“April
term 1831. Dismissed for want of the notice lo
the Justices pursuant to George the 2ud, 24th,
of that leign.”—
“ The glorious uncertainty of lhe law,”
From the Savannah Georgian,
Messrs. Editors—-Observing an uccrostic on
‘ George Washington” in one of our late files, it
occurred to me that 1 would try my muse iu this
kind of composition—and I thought that George
M. Troup would suit my purpose as well, if not
better than any other name l could fix upon;
This is my first attempt in acrostic writing—if it
meets with your approbation, give it a place in
your columns.
Georgians—rejoice;—we have a faithful friend;
!”en one who would thro’ danger’s path defend
Our cherish’d rights; and will indays of peace,
Regard us with affection; would ye know him true?
Go, search the annals of our country,—trace
Ev’ry manuscript, abd volume through;
Mark upon mark and line on line will prove.
That he his native soil indeed doth love;
Read ol the wrongs he boldly turn’d aside;
Opposing the destructive, reckless tide.
Until it past away, and left the land
Peaceful, k free from cursed oppression’s hand.
[ From the Kentucky American ]
THE LAST HOPE OF THE COALITION
HAS VANISHED.
The Supreme Court o/ the United States hpve
1 I unequivocally denied the right of Injunction in
behalf of the Cherokees against Georgia. The o
pinion ofthe Court was read by Chuff Justice
Marshall.
Those whose object have been to embroil the
administration io difficulty pnd produpe il possi
ble | war wufrt ©aunt liobbv.
jfUavrun,
On the evening* of (lie 2tjih instant, hv the
R, . r - Armstrong, Dr. SEVMOL'R CATt'H
ENG, of rulnaincotml,, to Miss EEJZ A WEST,
daughter of Mrs. V\ ext of this county.
~ * iwi i—u—a
X>fc9,
In Columbus on the Hlli inst. Mrs. ANN MAR.
UN, daughter of VVm. G. Springer, of CarK)U
county, in the 17th year of her age Just mar.
i ed into womanhood, and from ttie privacy of ear.
ly associations, her heart knew* naught but puri
ty and iunocence. Just entered into the ntnr.
riage state, she had only received the foretaste
of happiness, when death fixed his iron grasp
and her spirit fled to Heaven.
“The Autumn winds rushing
Waft the leaves that are searcst^
But our flowers was in gushing
When blighting was neatest.”
~sh oimr
pi Hie Subscriber ha
a**\i*M ri'ig- purchased the en
tire stock of SHOES,
&c. lately opened and manufactu
red by R. N. Doud, & Cos. has ad
ded the same to his former assort*
ment of
TIN WARE,
#e
which he offers on satisfactory terms
to the purchaser. He has made ar
rangements with R. N. Doud, &
Cos. to supply him with
Shoes , Boots, fyc.
of their own manufacture, and will
keep a constant supply.
John B. Lennard, Jr.
April 30, 1831. 45—ts
New Tadoring Establishment.
B. C. CANDEE & G. D. FINCH*-
aAY ING entered into copartX
net ship under the Arm of
Candce Sp Finch ,
respectfully inform the inhabitants
of Wilkes and the adjoining coun
ties, that they have taken the store
formerly occupied by R. N. Doud,’
as a shoe store, on the west side of’
the public square, where they intemi,
carrying on tho
Tailoring Business
in all its various branches. The
subscribers from fheir experience in
the business, and the strict atteiei
tion paid to it by them, flatter them.
selves that they will be able to giv£
satisfaction. - All orders thankfully
received und promptly attended t<4
particular attention paid to cutting.
They also have on hand a gpoj
assortment of ready made
CLOTHING
well adapted to the present
Which they will sell cheap. *•
N. B. They warrant all their
work—not only made well but to fit,*
Washington, Ap. 29,1831 45—4 -
GEORGIA— Elbert County.
Singleton \\\ Allen &. j
Thomas J. Heard, ad- j In Equity -
ministrators of John A. I Elbert Sa
lient and, deceased,- - petior
vs. Court.—
Charlcs Prince, surv 4 g.
Ac. and others.
tT appearing to the Court, that’
the defendants, Charles Prince,
Lucy Carter, O. P, Shaw, Richard
Fort son, Lemuel Wootten, James
D. Jrurutt, \\ illiam H. Sayre &cdy_
Bonner, Alston &, Swiney, N. C*.
Sayre, George Glenn, Joseph Ro,
hertson, H. Sajidiford, Administr /
tors of Benjamin Borum, William IV.
Tinsley; Rose <fc Slade, J. N. BoE
ton, William Moore, Daniel Wright,
Darby Henly, Heard & Cook, Reu
ben Thornton, B. Penn, D. Thorn
ton, William C. Carruthers, YVm.
Robertson, John Benton, Banks &
Baird, Bank ofthe State ofGeorgia,
Jaoob Phinizy, Reed, Woodruff, Art
Cos. Samuel Ilale, Micajah T. Hen
ley, and John Mitchell, have not
been served with the Bill in this
case—and that they reside without
the limits of this county, it, is order
ed by the court that the said defen
dants do appear by the first duy of
tho next term of this Coin to plead
answer or demur to said bill, or that
said bill be taken pro cOnfesso amjr
that service of said bill be perfected
cm said defendants by publishing a
copy of this order four months in
1 the Washington News.
A true copy from the JUinuhm,
March Term, IS3I, this 23 .d of Ar~
■ pril, 1831. ‘
B. Houston, clerics