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THFJ ENQUIRER
IS PUBLISHED WEEKLY,
A T three dollars per annum, payable in ad
vance: or four dollars if not paid for before
fho end of the year.
AuvEHTUEUKvrs will be inserted at tho rates
of scocntij-Jice cents [icr bandied words fer tile
lint insertion, and fifty cents lor each week’s
continuance. In all advertisements, the words
’ that do not amount to an even bundled, will be
/ considered as an bandied, and charged ns such.
When the number of insertions of un udverlise
** mentis notspecilicd, it will be continued until
forbid, and charged accordingly.
Sheriffs' and other Officers’ advertisements in-
* sertod at customary rates.
Letters to the Editors on business must be
post-paid; and in nil eases where it is not done,
COLUMBUS
Shoe Store.
tho postage will be charged to the writer.
9ALES OF LAND, By Administrators, F.xe-
eucor* or 'vuaraians, nre required by law to be
held on the first Tuesday, in the mouthy between
the hours often in tho forenoon and «l»rce in the
fefternoon, at the court-house in the county in
whi6h the property is situate. Notice of these
are to ho given in a public gazette SIXTY IXAW
previous to the day pf «ale.
SALES OF NEGROES must be at public
auction, on the first Tuesday of tho month, be
tween the usual hours of sale, at the place of
public sales in the county where the Letters Tes
tamentary, of Administration or Guardianship,
—rv
may have beon granted, first giving SIXTY
HAYS notice thereof, in one qf tin:' public gn-
zottos of this atnte, and at the door of .the court
house where such sales are to bo held.
Nntico fortlie sale of Personal Property innst
be given in like tnannor fur FORTY DAYS
previous to tho day of snlo.
Notice to the debtors and croditors of an Estate
must be published FORTY DAYS.
Notice that application will be made to the
Court of Ordinary for LEAVE TO SELL
HAND, must be published FOUR MONTHS.
LEAVE ~~
Notice for LEAVE TO SELL NEGROES
Vnust be publishod for FOUR MONTHS, he-
ibro any order absolute shull be made tlioieon by
the Court.
WAAE-HOVSS.
AND
COM3IISSION BUSINESS.
riVlf, undersigned having taken tlie new
JL Ware-House near tho Wharf for the pre
sent season, tenders his services to biafrioads end
the public in the above basiness.
Hu will be prepared to extend the usual facili
ties to his customers, and hopes by giving his per
sonal attention, to share a part of the public pat-
WM. H. K1.MB.COUGII.
nmnge.
Columbus, Sept. 84—19—tf
THE
WARE-HOUSE
AND
Commission Business
ILL lie continued by the subscribers un-
derthe firm of S. K Hodges A. Co. who.
while they feel grateful for. former favors wilt ao>
deavour to deserve n continuance of them.
SEABORN JONES,
■SAMUEL K. HODGES.
Qs ConsionSiest—And Kill be sbld on accommo-
dating'Sernu:
403 bhls. Sugar,
120 sacks Codec,
1.000 bushels Salt, .
14 quarter casks Wine,
3.000 lus. Castings,
20,000 lbs. Bacon,
4 boxes White Savanna Sugnts,
5 dozen pairs Boots,
G boxes Sals, various qualities,
10 bills. Salts,
100 pieces Bugging,
Buie Rope,
Iron, Steel, Nalls,
Shoes, Pumps. &c.
1 So ‘ '
Upper and Sonl Leather,
Syrup, Sweetmeats, Ac.
September Iff—13—3t
GENERAL AGENCY
rr
AND
COMMISSION BUSINESS,
Columbus, Georgia.
T HE snbserilxirs tender their services for the
transaction of the aliovc business, under the
firm of
TARVEft A SQUIRE.
and are now ready to receivo Merchandize and
Produce, for sale, on consignment. They are al*
so now making arrangements for the erection of a
hirge and extensive Waro-f' ~ ~~
s-House for the rcceji*
lion of Colton, early next Fall.
They are prepared to make liberal advances on
nil Merchandize and Produce consigned to then);
and will devote thefr whole attention to the inter
est of those who favor them with their patronage.
BENIAMIN P. TARVER,
IJARVBY II. SaUIttE.
REFERENCES.
Messrs. James Hamilton & Son, Now York.
** Geo. P. & Wm. O. Bayvorn, N. Orleans.
<r Brooks, Latlirop & Co. .Appalachicola.
Edward J. IInr<l!n, Esq. do.
George W.. Dillingham, Esq Columbus, Ga.
Hiram Nourse. Esq. do. .
ON CONSIGNMENT,
15
1 bbls. superfine Flour,
18 “ Molasses.
10 11 Sugar,
3 “ Prime Pork.
I “ C. Brandy,
1 ■* N. Gin,
3 casks M.dnssos,
9 hlids. now Bacon,
1 “ New Orleans Sugar,
1 bill, fresh Almonds,
18 kegs fresh Lard,
1-4 cask Claret Wine,
2 boxes Cotton Cards, No. 10,
1 *• lannons,
ID “ Cider,
2 *1 Lemon Syrnp,
1 '• Lime Juice,
} cask Choose,
U ferkins Batter,
2 kilts Salmon,
1 bog (101) bags) fresh Garden Seeds,
12,000 American Setters.
TARVER & SQUIRE.
Columbus, March 8—43
El WELLS & Co-
H AVE removed to the Brick Building next
dborubove Wm. D. Hargrove’s, in Brand
Street, where they offer for sale, on reasonable
terms,
BOOTS! AND SHOES
of every description, of their own munufiicturo,
consisting of
200 pairs gentlemen’s Boots
300 do. calfskin Shoes, high and low quarter,
100 do. calfskin Pumps,
75 do. buckskin Shoes,
50 do. sealskin Pumps,
200 do. Brogans. _
300 do. courao Shoes,
GROCERIES,
For Cottony Pipe Staves, Hides
or approved paper.
i)UO do. course cohoes, muucrme prices, lor Lrttsir.
Ladies’ prunelle Boots and Shoes of various 3tuV09 > siJe9 or approved Taper,
kinds. • t ^
do.
do.
kinds,
Morocco Shoes,
Scalskiq do.
■* do. Calfskin do.
do. - Leather walking Show and Boots,
Misses and children's Boots and Ehocs. of every
description.
JUST RECEIVED
i\. if. All work of their own manufacture, By steamboat Georgian, a general assortment of
irrantod not to rm. ®
warranted not to rip.
July 2—7—tf
Casht Cash!!!
If you want *any of the above
article, take a Ticket
in the
MILLEDGEVIJLLE
STREET'
LOT T E RY,
WHICH 114 S A
SPLENDID SCHEME,
seen as th'k voi.ijiwino :
PRIZE OF f 25,OOO
4 “ '* 5$00
o - •' * •* 1,000
Besides many large and small prizes, too nume
rous to particularize.
The first-day's drawing will take place on the
1st May, 1 <S32.
Wholes $ 10, halves $5', qunrtera .$2’ 40, to be
... . i lumbers at the Columbus
had in h gn at variety of nn
Book-store. Orders from the country enclosing
the cash, postage paid, .will meet with prompt at
tention. • ]). S. NORTON,
^ , , Agent for the Munagtrt.
Columbus, Jnn. 14—
COLUMBUS
HAT STORE.
NOURSE & CLARK
JJ AVE received from the Factory by the late
arrivals,
Hats of the latest fashions,
CONSISTING OF*-
Blach, if/rtn am ifrrtb Rocky uroun-
tain Jiravcr and Oiler
HATS,
Of a very superior quality, making their assort-
“ -- —* 1 complc*
ment extensive and complete
—ALSO—
CAPS,
Consisting of Seal, Leather, Chinchilla, Circas
sian and Children's fancy silk.
READY-MADE CLOTHING
Feb 17
(CF Cadi paid for Hatting Furs.
“*'—40—tr
Received on Consip ament,
and for side low by the sal senbers.
H Boxes Cider, first quality,
JL \ W *1 bbt«. Cranberries,
3 bhls. New Orleans Rum,
5 do. nrime Porkj ^
1 do. loaf Sugar,
2 do. Irish Potatccs,
1 do. dried Fruit,
fi kegs Lard,
3 liiids. new Bacon,
50 sacks Liverpool Salt,
1G kegs white Lead,
Drug.-r, .Medicines, Dye Sruife, Faints, Oil. Win
dow Glass. &o will l»e sold at New York cost.
March24—45 TARVER & SQUIRE.
GROCERIES.
T HE subscribers have, just received, per
steamer Baltimore, end offer for sale low
foreash'
e
bills, prime Perk,
i. Vinegar,
1 do.
] do. Sperm Oil, cummer strained,
3 boxes Smoked llorriags,
5 drums Figs,
3 tasks Choose,
1 tierce Rice,
5 kegs Crackers
TARVER &, SQUIRE.
Columbus, March 8—43
L. C. ALLEN
BAS RECEIVED PER STEAMBOAT BALTIMORE,
Coguiac VIIAND V,
Jamaica and American HUM,
Holland and Aincricun (JIN,
WINES,
Loaf nml Brown SVGAIt,
Piime COFFEE.
TOBACCO.
A largo assortment of JOINERS’ TOOLS,
BLUE PLAINS.
Which im offers for sale on his usual low terms.
Dec. 10—30—tf
NEW GOODS.
WlLLIA^I- JONES & Co.
V I AVE jjtSl ro&ivad' tho following articles,
H I. to wi):
2 hhds. extra fine St. Croix Sugar,
1 hlld. English Island Molasses,.
1 pipe Cogniaa Brandy, Hehnessy’s brand,
0 bbls. — 1 “ 1 -
JOB PRINTING 1
Neatly Executed at this Office.!
_ Canal Flour,
2 casks imitation English Cheese,
0 firkins prime Goshen Batter,
20 liblf. Mackerel, No 1, 2 & 3,
10 boxes Spermaceti Candles,
Fresh iiysun Ten,
IJeuvy Black Pepper,
Do. Pimento.
20 boxes Window Glass, 8 by 10,
10 lings old White Coffee.
WM. II. HARPER, Partner
Jon. 12—io—U
CHARLES E. NORTON
I NFORMS Merchants and Planters visiting
Apalachicola, that he has just received from
New Orleans, u large and extensive assortment
of Groceries, which added to his former supply
from New York, makes his assortment ns com
plete, if not superior, to uny ho has over offered
to the public
His establishment will be supplied os often at
once a month, that his customers may be.suro ut
any time of finding a good assortment
Merchants and Planters will find it to their ad
vantage to give him a call, aa it ia his intention to
sell ut moderate prices, for Cush; Colton, Pipe
Just received as above,
50 nacka Green Huvqnnu COFFEEi
_ by schonner Magellan, and to bo sold
cheap for. cask.
Apalachicola, Dec. 20,1831—34—istf
JAFAN WARE;
Copper and zinc Ketltus,
Pewter Basins and PJutcs,
8 i'r f.:T’
Do. Zinc,
Do. Russia Iron,
Do. Brass, ,
Hoop Iron.
ALSO ON HAND,
A GENERA!. ASSORTMENT OF
TIN WARE.
All of which will he sold At the lowest prices,
wholesale and re;oil.
tt-T* Cash paid for old Pewter.
„ , IIAUVEY HALL.
Columbus. Dec. 17—31—if
INSURANCE.
T HF. Augusta Insurance and Banking Com
pany will msure produce and merchandise
against tlie dangers of River Navigation on good
steumbonta and other rivet craft, and upon good
vessels from Apalachicola tn New Orleans or the
Atlantic cities, They will also take fire risk,
upon buildings, mercnandUo and produoo.
GEO. W. DILLINGHAM, Agent.
Nov 5-25—tf '
H
POWERS & NAFEW
AVE just received end for sale the follow
ing articles:
Duff. Blankets, Bristol do
London , „
Superfine and common, white, and red Flannels,
Suttinets, Cumhlets, ladies' murino Hose,
Black cotton do gentlemen’s merino and iathbs
Wool Half Hose,
Misses and children's do
Superfine bonnet Ribbons, taffeta do
fotof Guns: among which are choice Rifles,
nod Percussion Fpwling pieces.
Columbus, Dec. 3—29
NEW GOODS.
L. C. ALLEN
11*0 kscEIVED AND IS RRCK1VIVC. ms
FALL AND WINTER
GOODS,
W HICH ho will sell on accommodating
terms. His stock is comprised in part of
the following articles, viz:
London Duftil, Rose and Point Blqnkcts,
Super blue, black, brown anil olive Cloths,
Black Lasting, Beavr rteons, Fancv Cord,
Red and while Flannels Canton Flunnels,
Red, white and figured Valencia Shawls,
Uombazottcs and Bombazines,
Merino Circassians of various colors,
Cashmero Handkerchiefs,
Bandanna, flagg. Pongee and plaid Silk Udkfs,
Super Italian Cravats, various colors.
Colored Crape Camblet,
Cotton and Linen Drilling,
Ladies’ silk, cotton, and Worsted Ilose,
Gentlemen’s do. do. and half do.
Ladies’ and gentlemen’s Gloves of various kinds,
Cambric Swiss, jaconet and book Muslins,
Super bleached and brown Linens.
Brown and bleached Shirtings and Sheetings,
Domestic Plaids. Bod Ticking, Russia Sheeting,
Printed Bed-spreads,'Counterpanes,
Italian Gres do Naples, Muslin Rebus,
Sarcnel and Duchinc Silks,
Silk and Cotton Umbrellas, &c.
Ladies, gentlemen’s and children’s SHOES.
A variety of men's, youth's and children’s
HATS Sl CAPS#
HARDWARE & CUTLERY.
<£roc(tei'j> aim CfflawB^tuaie.
ALSO,
One cose superior SHOT GUNS.
Nov 10—2(5—tf
GARDEN SEEDS,
AI8ED^by ike Shaker Societies, at Enfield
and Lebanon, for sale nt tho Stoic of
G. W. DILLINGHAM;
Early Spring Fiat do.
Long Hanover, do.
Rutabaga, do.
White flat, do.
Cauliflower,
So go.
White Onion,
Yellow Onion,
Red Onion,
Blood Beot,
Early Turnip do.
French Sugar, do.
Mungo) Wureel, do.
Orange Carrot,
Blood Carrdt,
Guernsey Parsnip,
Long White Parsnip
Long Cucumber,
Long' Green, do.
Early Cucumber,
Early Cluster, do.
Prickly Gherkin,
Watermelon,
Muskmelon.
Natmeg-inelon,
Cantolope, do.
Squash Pepper,
o,do.
Cayenne,
Double Peppcrgruss,
Vegetable Oyster,
Tomatoes,
Solid Celery,
Summer Suvory,
Curled Parsley,
Dwarf Curled, do.
New Zealand Spiuuge,
Round Spinnge,
Long White Okra,
Asparagus,
Knsturlion,
MEDICAL BOORS.
T HE subscriber has just received nt tho
fl.'llllH.I.H. Dm.I. Cl. ... . t s» ’ll * •» .
■ " lULoncu III ino
— Columbus Book Store, the following Books:
Smith on Fever.
Hennen’s Mditary Surgery,
McNevin’s Braude,
Eberle's Practice of Medicine,
Dewee’s on Children,
Do. on Midwifery-,
Cooper’s Surgery,
Do. Lectures,
James’ Burns,
Abhrnethy's lectures,
Tavernier’s Surgery,
Hamilton on Purgatives,
Wistnr'e Anatomy,
Turner's Chemistry,
Dental Surgery,
Beck's Medicul Jurisprudence,
, —also—'
One set of 14 inch Globes, Celestial and terres
trial, together with large Mupa of tho World, of
Europe, Asia,.Africa, North and South America,
and of the United States, yellow, roue and white
letter Paper, foolscap, cartridge and wrapping
Papor. blank Books, Quilla, Wafers, and Sand
Boxes, pocket Map. of Georgia, Tennessee Vir
ginia, Missouri, and Mississippi, Scissors, Nee
dles, andCa-es, Razors, Penknives, and.Span-
-fi do. Pistols, Snuff Boxes, over-pointed suver
Penoil Coses, Percussion Cnps, &c. &c. &c.
Together with u great variety of Books and
other articles too numerous to particularize
.. , E. S NORTON,
March 24—45 Broad Street.
H L. J. DAVIES & Co.
AVE boon receiving .the last week, and
Will continue to receive tlie present season,
Goods by Savannah and Apalachicola Buy, which
will enable them to keep up a general ami com
plete assortment of
STAPLE AND FANCY
DRY-GOODS,
—AMPNG WHICH ARE—
Ros#London l)iiftlc and l'oirtt Blankets
Sattinets of difl>;rent colors nud qualities
Re<l t white nn« ^ieen FJnnueis
White Canton Flannel
Mixt Kersey abd blue Plains
ijr °H de 9\yisHnnd Gros d<> Nap Silks of various
colors
Rlnckfialinn iWtring and Sinchow Silks
Rich Fluid Silb
Satins of varioul colors
Florence do 1 do
Italian Crapes dl» do
Canton Cnmbleiund Pongees
Black and greenworsted Berragp
Phun and figured 9 wiss Muslins
_ G® do Jnclconet
Furniture and Cambric Dimity
Ladies' Corsets and silk and cotton Lacings
Thread, bobbinet and muslin Edgings
Thread and bobbinet Footings
Pluin and figured Bobbinet Lace
Lace Capes Caps and Crazy Janes
Infants lace and cambric Caps
Bkmde Lace on j positing
ink cambric Prints
B.lack and white do do
Black luce Veils
French Muslins and Calicoes
Plain and striped Ginghams
Black, white and rod Merino Shawls
Thibet -
Silk and gauze Shawls and HondkerchiofiT
Silk, flagg and bandanna do.
Ladies’ linen and linen cambric do.
Do do do bordered do
Irish Linens and Table Damask
Silk, cotton and worsted Hosiery
Gentlemen's Woodstock and heaver Gloves
Ladies' kid and horseskin Gloves and Mitts
Gentlemen's woollen Gloves and Mittina
Colored Cambrics
Black and white Hooks Ac- Eyes
Pins and Needles
Spool Thread and Linen Floss
White Mersailcs and printed Countorpnnes
3-4 and 4-4 Furniture Prints
Dimity and furniture Binding
ihs' ' '
Bleached and unbleached Sheeting and Shirtings
Ladiea' Bead Bags and Purses
Fine gilt Cloih and Crumb Brushes
Gentlemen's sea otter and leather Capa '
Cloth and chinchilla Caps
Blank and drab beaver and rornm Hats
Willow Wagons and Table Matts.
Millinary and Fancy Goods
Of all descriptions.
A SPLENDID ASSORTMENT OF
JEWELRY&PERFUMERY
And a large and complete assortment of
WI1TTZP. CLOTHIXTG’.
ALSO,
BOOTS & SHOES.
100 pair sewed and nailed Wellington Boots
Juckson Sliootecs
Ladies' l’runclla and leather Bootees
Black and colored,- heeled Pumps
Walking Shoes
While satin Pumps v
Misses and children's Shoos and Bootees of every
description 1
500 pair Negro bees, a good article.
Also,
A good assortment of
HARDWARE&CROCKERY
Columbus, Oct. 29—24 tf
COIaUMBITS
Circulating Library.
T HE subscriber respectfully informs tlu- in-
habitants of Cotumbds ntul life neighbor-
bond, that Ins Library is now open for the reeep-
tion of sulwcribers. Tho Library will consist or
Religious Works, Travels. History, Biography
Poems, Romances, Novels, Review's, Magazines
c. lie MM informs the public that ho has
xrnmuiOpb, uu. isiimui uun,
Dutch Summer Squash. Roquettc a fine salad,
Ciookneck Summer,do. Garden Cress,
Crookncck Winter,do. English Soriel,
White Head Lettuce, White Mustard,
Ice ILind, do. Brown do.
Ice Cess, do. ].ecke,
(mondial Sugar Lonf,do. E.irlv Sugar Corn,
Cabbage Head, de. Early Washington Peas,
Salmon Radish, Early June, do
Scarlet, do. F.srly Charlton, do.
Scarlet Turnip, do. White Marrowfat, do.
Scarlet Short Top, do. Strawberry Dwntf.do.
Drum Head Cabbage, Dwarf Blue Imperial do
Early York,do. Early Cli. Dwarf Beans,
Green Snvoy. do. F.nrlV Moli'wk Dwqrfi do
Yellow Savoy, dn. White Kidney Dwnrf.do
Early Su^ar Loaf, do. Superior White Pule, do
Green Glazed, do. Cranburry Pule, doi
1 Lima roU) do.
Red Dutch, do.
Norfolk Flat Turnip,
Jannury 7—34
mado arrangements to receive nil new pu
lions as soon as issqed from the press As soon
as the patronnge will admit of the undertaking a
Rending Room will ho added to the above, froq
for the snhsenliers, which will he well supplied
with newspapers from different parts of the conn-
try.
terms.—For one year ten dollars, one hair in
advance—Six months, viz dollars, one linlfin ad
Vi i. , ,KC,il ' er " wil1 1,B allowed to change
their hook* as often as onco a day if required,
nml not allowed more thnit one work out ut a
time. Any Kuhscrihbr losing or injuring a volume,
will he charged for the sett.
(FT* The Hubucrilwr takes this opportunity to
return his sincere thanks to those who have so
liberally come forward and bestowed their names
in aid of the above undertaking.
Nov i 2 . 26 i- u . 8:N ^«^.Bra a d..SVr Crt ,
bolting
CLOTHS,
rw .I... c. . i .... ...
O F tlie first, second and third'qualities, for
salcjiy STEWART Sc FONTAIN
sale by
May 1^—tf
OPXNXCN
OF THE SUPREME COURT,
Delivered by Mr. Ch ief Justice Mar-
shall, January Term, 1832.
3. A. WoncKSTxn rx. Thk Statk of Gxouoit
( Concluded from our last )
While tlieso States were colonies, 4his
power, in its utmost extent, whs admitted
Jo reside in the crown. When our Rovo-
lutionary- straggle commenced, Congress
was composed of an assemblago of depu
ties acting under specific powers granted
by the Legislatures, or conventions of tho
several colonies. It was a great popular
movement, not perfectly organized, nor
wore the respective powers of those who
tvero entrusted with the management of
affairs accurately defined. The necessi
ties of our situAUfiu produced n general
conviction thatAose measures which com
corned all, must be transacted bv n bodv
.it) which the representatives of.aliwne as-
.cmbled, and which could command the
confidence of all; Congress, therefore,
was considered ns invested with a l the
powers of war and peace,, and Congress
dissolved our connexion with the mother
< oim ry, and doclared these United Colo
nies to be independent Slates. Without
any writte n definition of powers, they em
ployed diplomatic agents to.represent the
United Slates at tlie sevcrul.Court, of Eu
rope; offered to nogotiutu Upa.ties with
them, and did actually negotiate treaties
with France. From the same necessity,
and on the same principles, Congrera as
sumed the management of Indian affairs;
first-in the name ofthesc United Colonics
and afterwards iu the name of the United
States, Early attempts tvero made at
negotiation, aud io regulate trade wifh
them. These not prpving successful, war
was carried oil under the direction, and
with the forces, of the United States, and
the error t» iff tnuke peace, by treaty, were
earnest and incessant. The Confedera
tion found Congiess in tlie exorcise of the
same powers of peace and war, in oar re
lations with Indian nations, as with those
of Europe. Such was the state of things
whon the Confederation was adopted.—
That instrument surrendered the powers
ot peace aud war to Congress, and .pro
hibited them to the States, respectively,
unless a State-be actually invaded, “or
shall have received eertaiu advice of a re
solution being formed by some nation of
Indians to invado such State, and the dan
ger is so imminent as not to admit of delay
till the United Slates in Congress assem
bled can be consutied.” This instrument
also gave the United States in Congress
assembled thk sole and exclusive right of
“ regulating the trade and managing all
the affairs wist the Indians, not members
of any of the Stales: Provided, That the
Legislative power of any State within its
own limits be not infringed or violated.”
The ambiguous phrases which follow
the gram of power to the Ut ited States,
wore so construed by the State* of North
Carolina and Georgia ns to annul the
power itself. The discontents and con
tusion resulting from these conflicting
claims, produced representations to Con
gress, which were referred to a commit
tee, who made their report in 1787.—
The, report does not assont to' the con
struction of tho two States, hut recom
mends nn accommodation, by liberal ces
sions of territory, or by an admission, on
their part, of the powers claimed by Con
gress. The correct exposition of this ar
ticle is rendered unnecessary by the adop
tion of our existing constitution. Tltut
instrument confers on Congress the pow
ers of war and pcaco; of makihg treuties,
nnd of regulating commerce with foreign
nations, and among tho scvoral Stntes, aud
with the Indian tribes'. These powers
comprehend all that is required lor the
regulation of oor intercourse with the In
dians, They are npl limited by uny re
strictions on thvtir free actions. The shac
kles imposed on this power, in the Confed
eration, are discarded.
The Indian nations had always been
considered as dtstiuct, independent politi
cal communities, retaining their original
natural rights, as the undisputed posses
sors of the soil, from lime, immemorial,
with tlie single exception of that imposed
by irresistible power, which excluded them
from intercourse with any. other European
potentate than the first discoverer of the
coast of the particular region claimed: and
this was areslriclion which tliore European
potentates imposed on themselves, as Well
as on the Indians. Tho very term, “ na
tion,” so generally applied to them, means
“ a People distinct from others.” The
constitution, by declaring treaties already
made, as well as those to he made, to be
the supreme law of the land, has adopted
and sanctioned the previous treaties with
the Ind'uu nations, and, consequently, ad
mits their rank among those Powers who
arc capable of making tieatics. Tho
words “ treaty” and.“ nation” are words
of out own language, selected in our di
plomatic and legislative proceedings, by
ourselves, having each a definite And well
understood meaning. We have applied
them to Indians, as we havo applied them
to the oilier nations of the earth. They
aro applied to all in the same tense.
Georgia, herself, has furnished conclu
sive evidence that her former opinions on
this subject concurred with those enter
tained by. her sisters States, and bv tlie
Government of the United States. Vari
ous ncts-of her Legislature have
ted i« the argument, including
tract of cession made iu tho^ffmrT
tending to prove her ncqnhjH cttce
tmivoriaf conviction that #e Indian
lions possessed a full riglflf to the tones
they occupied, until that right should Bp
extinguished by tho United Slates, wltli
Iheiryonsem; that their WiitMrv was sep
arated from that of troy State within whoso
chartered limits they might reside, bv a
boundary lme,.est|Wi,h e d by t.eatMq that
within Jl.elr hodfiftwy, tfioy possessed
nghis with winch no Stute could inter
fere; and that the whtfio power of regula
ting the intercourse with them, was vest-
od m tho United States. A review of
those acts, on the part of Georgia, would
occupy too much tnote, arid is rite less ne
cessary, because they Iffive been accurate
abandonment of these opinions, appears to
have commenced in December, 1828.
In opposition to this original right, pos-
sessod by the undisputed occupants of ev
ery-country, to this recognition of dial
right, which is evidenced by our ■ history,
in every change through wliich we havo
passed, is placed the charters granted by
the monarch ot u distant and distinct re
gion, parcelling out u territory in posses-
stou of others, whom he could not remove
and did not attempt to remove; and the
cession made of Iiii claims, by die treaty
of peace.
The actual state of things at the time,
id fill Ilisfni'V ei»«n n Al I
, . sssissga HI UIU UHlUk
and all history since, expluiu these char-
local um<I *I««v If ip-* - f •« .
lei’s; and the King of Greut Britain, at tlie
treaty of peace, could cede oujy what be
longed to Ins crown. These newly assert-
*d titles can derive no ait) from the arti
cles so often repeated in Indian treaties,
oxtendmg to them, first tlie protection of
Great Britain, and afterwards, that of the
United States. These articles are asso
ciated with others, recognizing their title
to self-govornment. Tho very fact of re
peated treaties with thoni recognizes ii; aud
the settled doctrine of the law of nations is
that a weaker power does not surrender ilk
independence—its right to aelf govern
ment—by associating with a stronger, and
taking its protection. A weak. State, iu
order to provide for its safety, may ulute
it* aI f 11M J 01> I L « .— — _. A . • _ JO »
. .. * . ISIOJ UIUVC7
itself under tho protection of one more
powerful, without stripping itself of tho
righto! government, and ceasing to be a
State. Examples of this kind nje not
Wanting in Europe. Tributary and ten.
datory States,” says Vattel, il do not
thereby ce.ase to'be sovereign and ihde-
DCudlMil States. sa.hiugiu self.govwtMmuat
und sovereign and independent authority
is left in the administration of the State.”
At the present day, more than one State
ntny be considered ns holding its right of
selfgovernment under the guarantee und
protection of ono or more allies.
The Cherokee nation, then, is a dis
tinct community, occupying its own lerri-
tOry, with boundaries accurately described,
in which the laws of Georgia can have no
force, and which tlte citizens of Georgia
r V i° n ® n £l" loonier, hut with the assent
of the Cherokces thbmselv.es, or in con
formity with treaties, und with the actsot
Congross. The whole intercourse bo-
tween the United Stale* and this nation,
is, by our constitution and laws, vested iu
the Government of the United Stntes.
The act of the State of Georgia, under
which the plaintifl'itibrror'was prosecuted
is consequently void, and the lodgement a'
nullity. Can this Court ravlso and re
verse it?
If the objection to ilia System of logis-
lation; lately adopted by ’the Legislature
of Georgia; in relation to the Cherokee
nation, was confined to its extra-territori
al operation, ths objection, though com-
plcto, *o tar as respected mere right,
would give (his Court no power over the
subject. But it goes much further. If
the view which has been taken be correct,
and we think it is, the acts of Georgia are
repugnant to the constitution, laws, and
treaties, of the United States.
They interfere forcibly with the rela
tions established between the United
States nnd the Cherokee nation, the reg
ulation of which, according to the settled
principles of oor constitution, nre commit-
tod exclusively to the Government of the
Union.
They are in direct hostility with trea
ties, ‘repealed hi a succession of years,
Wliich mm li out the boundary that separ
ates the Cherokee country from Georgia;
guaranty to them nil the land within their
boundary; solemnly pledge tho faith of
the United States to restrain their citizens
from trespassing on it; and recognize tho
pre-existing powor of the nation to gov
ern itself.
They are in equal hostility with the nets
of Congress for regulating this intercourse
and giving effect to the treaties.
Tlie forcible seizure and abduction of
the plaintiff in error, who tva's residing in
the nation, with its permission, and by au
thority of the President of the United
States, is ulso a violation of the acts which
authorize the Chief Magistrate to exbs-
cisn this authority.
Will these powerful considerations avail
the plaintiff in error ? We think.they
will. lie was seized, and forcibly carried
nway, while under guardianship of trea
ties guarantying the country in which ho
resided, and taking it uudor the protection
of the United Slates. He was seized
wlnJo performing, under the jiu.ctiqtt (ff
