Newspaper Page Text
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By VAN NESS, BETHUNE & LEWIS.
‘Tki ONION OK THK STATES, AND TUB gQVBUBIUNTY OK THE STATES,
COLUMBUS, GEORGIA, SATURDAY, MAY 12, 1832.
THE ENQUIRER
IS PUBLISHED WEEKLY,
A T lAree dollars per annnm, parable in ad
vance: or four dollara if not paid for before
the end of the year.
, Aoverti*»«kxts will be inserted at the rates
'of seventy-fire cents per hundred words for the
first insertion, and fijtu cents for each week’s
continuance, in all advertisements, the words
that do not amount to an even hundred, will be
considered as an hundred, and charged as such.
When the number of insertions of un advertise
ment is not specified, it will be continued until
forbid, and charged accordingly.
Sheriffs’ and other Officers’advertisements in
serted at customary rates.
Letters to the Editors on business must be
post-paid; and in aH cases whore it is not done,
the postago will be charged to,the writer.
-SALES OF LAND, by Administrators, Exe
cutors or OuRrdians, are required by law to be
held on the first Tuesday in the month, between
tlio hours of ten in the forenoon and three in the
ollernoon, at the court-house in the comity in
Which the property is situate. Notice of these
nre to bo given in a public gazette SIXTY DAYS
previous to the day of sale.
SALES OF NEGROES must bo at public
auction, on the first Tuesday of the month, be
tween the usual hours of sale, at tho place of
public sales in the county where the Letters Tes
tamentary, of Administration or Guaritanship,
may havo been granted, first giving SIXTY
DAYS' notice thereof, in one of the public gu-
zettes of this state, and at the door of tie court
house where such sales aro to bo held.
Notice for tho sulo of Personal Property must
bo given in- like manncr,for FORTY DAYS
previous to the day of sale. (
Notice to tho debtors and cieditorsof q|a Estate
must be published FORTY DAYS.
Notice that application will bo inailo to the
Court of Ordinary for LEAVE TjO __8ELL
LAND, must bo published F
Notice for LEAVE TO S
must bo puhlishod for FOUR .
pi re any order absolute shall bo made theteon by
the Court.
NEW JSTORE.
J. S. SMITH & Co.
H A V E commenced business-in this place,and
taken the Store next door to the Columbus
Bunk, end offer fat sale a handsome assortment of
Dry-Goods, Clothing,
Hats, &c.
AMONG WHICH ARE THE FOLLOWING’.
Rich Prints, French Drilling
Fonlard Muslins, London do.
White do. White silk Fongco
Irish Linens and Lawns Hdkib.
While Cambric Linen Fig'd do. do.
Hdkfs. ' Gentlemen’s white and
Bordered do. fig’d Cravats
Berage Shawls Marble half Hose
Ctape Scarft White do. do.
Do. Shawls LambsWooldo.
White and black Lace Clark’s Spool Cotton
Veils Pina and Needles
Green Gauze do. Patent Thread
Blnck Italian and Gros Shoe do.
de Nap Silks Cotton and ailkUmbrel-
Fig’d chnngcnbles do. las
Ital. and Canton Cranes Bonnot Wire and Reeds
Bl’k fig'd Crape Robes Osnahnrghs, Fustians
Ginghams Bed Ticks
Fui nitnre Prints Brown 3-4 Homespun
Ladies white silk clock’d “ 44 du.
Ilosc Check’d do.
Cotton do. do. Carpeting Rags
Shell, tuck and side Green Table Covers
Combs and stamped Bnizo
Brazilian do. Dunstable Bonnets
Binding, &c. 1 case fine Leghorns, Sic.
READY-MADE CLOTHING
EATS, «?c.
As wo intond selling for cash, purchasers will
find our prices low. J. 8. SMITH & Co.
Columbus, April 6—47—tf
WARE-HOUSE.
AND
COMMISSION BUSINESS.
T HE undersigned having taken the new
Ware-House near the wharf for the pre-
Kant season, tenders his services to his friends and
tho public in the above business.
Hu will be prepared to extend the usual fucili-
fies to his customers, and hopes by giving his per
sonal attention, to share a part of tho public pat-
tonage. WM. II. KIMBROUGH.
Colambns, 8ept. 84—19—tf
THE
WARE-HOUSE
AND
JjgOf
Commission JJusmcss
■*T*7 ILL be continued by the subscribers un-
ff der the firm of S. K Hodges & Co. who.
while they feel grateful for former favors will en
deavour to deservos coutinunnce of them.
SEABORN JONES.
SAMUEL K. HODGES.
Os Consignment—/Ind will he sold on actomno-
dating terms; ,
400 bbls. Siignr,
120 tucks Coffee,
1.000 bushels Salt,
14 quarter casks Wine,
3.000 lbs. Castings,
20/000 lbs. Bacon,
4 boxes white Havanna Sugars,
6 dozen pairs Hoots,
6 boxes Hats, various qualities,
10 bblt. Suits.
100 pieces Bagging,
Bale Rope.
Iron, Steel, Nails,
ClOttyf HR.
J. 8. SMITH & Co.
HEXT DOOR TO THE OOLOMXfS SANK,
Have received a handsome assortment of
STJMIOB. CLOTHING,
CONSISTING OK
Black Bombazine COATS and COATEES,,
Do. Circassian do. do.
Brown and Green Merino Circassian do.
Cisinett Frock and Dress do.
Black lasting do. do. do.
ROUND JACKETS.
Black Bombaziho Round Jackets,
Brown Linen and Cotton do.
Do. Striped do.
VESTS.
White and figured Marsnilles Vests,
Do. uo. Valencia do.
Plain do. Silk do.
Do. do. Velvet do.
Do. do. 8wansdown do.
PANTALOONS.
Black Bombasine and Lasting Pantaloons,
Do. Circassian do.
Brown and hlack Brochiltas do.
White and brown Linen Drilling, do.
Do. Cotton do.
Drab Merino Casitncro Pants,
Do. Kuan do. dn.
Cord and Russia Duck do.
Fustian do.
Linen Shirts with Rofilcs,
White do.
Brown do.
Linen and Cotton Draws,
Negro Clothing.
All of which they offer for sale at low prices.
Columbus, April 14—IS—If .
COLUMBUS
AT STORE,
M, J*
NOUR8E & CLARK
H AVE received from the Factory by the late
arrivals,
Hats of the latest fashions,
—CONSISTING OF —
Blacli, White and Drab Rocky Moun
tain Beaver anil Oiler
HATS,
Of a very superior quality, making their assort
ment extensive and complete.
—ALSO—
CAPS,
Consisting of Seal. Leather, Chinchilla, Circas.
»ian and Children’s fancy silk.
READY-MADE CLOTHING
IT Cmh paid for Halting Furs.
Feb 171.40—tf
FOUR fit VOLUM I —NUMBER 62.
I i'll ill n I HiMILMIMMM
NEW GOODS.
€5rocrrfr».
T HE Subscribers have just received and of
fer for snlo. upon accommodating terms, the
Miawing articles;
4 aiMaA bushels ground Alum Salt,
r.WrNWWF 20,000 lbs. Swedes Iron,
1,001) Ills. Cast Steel,
1,000 lbs. German do.
1,000 lbs. Sheet Iron,
500 Russia Sheet Iron,
1,000 Hoop Iron,
200 bbls. New Orleans Sugar,
8 lihds. St. Croix do.
X50 hags Green Coffee,
10 lings Java do-
40 bbls. beet Flour,
50 boxes 8oap,
24 doz. Lemon Syrup,
C doz. Wino Bitters, .*
400 lbs. solt shelled Almonds,
30 kegs Dupont’s Powder,
20 kegs common do.
250 kegs Nails, assorted sizes,
120 bbls. Molasses,
8 bbls. I self Sugar,
40 boxes Sperm Candles,
15 bbls. Northern Rum,
20 hbls Mackerel,
350 pieces best Kentucky Bagging,
125 coils Rope,
20,000 lbs. Bacon.
Together with divers other articles, consti
tuting a full assortment of Groceries
SMITH & MORGAN.
Mnv 3—51—tf
COLUMBUS
Shoe Store.
E. WELLS &C»
H AVE removed to tho Brick Building next
door above Wm. D. llurgrove’s, in Broad
8trcet, where they offer fur sale, on reasonable
terms,
BOOTS AND SHOES
of every description, of their own manufacture,
consisting of
200 pairs gentlemen's Boots
300 do. calfskin Shoes, high and low quarter,
100 do. cnlfskin Pumps,
75 do. buckskin Shoos,
50 do. sealskin Pumps.
200 do. Brogans.
300 do. course Shoes,
Ladies' prunclle Boots and Shoes of various
kinds,
do. Morocco Siloes,
do. Soulskin do.
do. Calfskin do.
do. Leather walking Shoes and Boots,
Misses and children's Boots and Ehocs, ofevery
description.
N. B. All work of their own manufacture,
warranted not to rip.
July 2—7—tf
Sept.
Shoes, Pumps. <!tc.
Upper and Seal Leather,
Syrup, Swoctmcats, &c.
:. IT—18—tF .
GENERAL AGENCY
AND *
COMMISSION BUSINESS,
Columbus, Georgia.
T IIF. subscribers tender their services for the
transaction ol the above busiifcss, under the
firm of
TARVER 6l SQUIRE,
and are now ready to receive Merchandize and
Produce for sale, oil consignment. They are.nl-
so now making arrangements for the erection or a
large and extensive Ware-House forthu recep
tion of Cotton,early next Fall.
They are prepared to moke liberal advances on
ntl Merchandize and Produce consigned to them,
and will devote their whole attention to the inter
est of those w^firoor Jliem with
HARVEY .H SQUIRE.
REFERENCES.
Messrs. James Hamilton & Son, New Yoik.
u Geo. P. & Win. C. Bowers, N. Orleans.
« Brooks, Lathrup & Co. Appalaclncola.
Edward J. Hardin, Esq. do.
George W. Dillingham, Esq Columbus, Ga.
Hiram Nourse, l>q. do.
NEW GOODS.
L. C. ALLEN
HAS RECEIVED AND IS RECEIVING, HIS
FALL AND WINTER
QOODS,
WTSTHICII ho will sell on accommodating
W W terms. H is stock is comprised in part of
the following articles, viz:
London lluflil, Rosa and Point Blankets,
Super blue, black, brown nnd olivo Cloths,
Black Lasting, Benvcrteens, Fancy Cord,
Red nhd white Flannels. Canton Flannels,
Red. white and figured Valencia Shawls,
Bonibazettes nnd Bombazines,
Merino Circassians of various colors,
Cashmere Handkerchiefs,
Bandanna, fingg, Pongee nnd plaid Silk Hdkfs.
Super Italian Cravats, various colors,
Colored Crape Camblot,
Cotton nnd Linen Drilling.
Ladies’ silk, cotton, nnd worsted IIoso,
Gonllemnn's do. do. and half tin.
Ladies’ and gentlemen's Gloves of vnrinns kinds,
Cambric Swiss, jaconet and book Muslins,
Super bleached and brown Linens,
Brown and bleached Shirtings and Sheetings,
Domestic Plaids. Bed Ticking, Russia Sheeting,
Printed Bed-spreads. Conntcrpanes,
Italian Gros do Naples, Muslin Rohes,
rtarrnotund Duchinc Silks,
Silk and Cotton Umbrellas, Sir,.
Ladies, gentlemen’s nnd children’s SHOES,
A variety of men’s, youth’s and children’s
HATS & CAPS.
HARDWARE & CUTLERY.
<inH flUrlniisstonct.
ALSO,
One enso superior SHOT GUNS.
Nov 10—25—tf
COLUMBUS
BOOK STORE
I HAVE just received ut my Store, the fol
lowing now and other interesting puhlica-
Aram a Hpvel, by tlio author of Pelham. I Jo'Vho public ‘ '
'rnffurraun atule.2vols. | llis establishment will be supplied as often
’Kb. Polish Chiefs, an historical romnuco, 2 vuls onc( , a lr)0 nlh, that Ins oustomermnny be sure ut
Familv Library No. 29, Coitrt and Camp of Bo-
GROCERIES,
For Cotton, Pipe Staves, Hides
or approved paper.
CHARLES E. NORTON
I NFORMS Merchants and Planters visiting
Apalachicola, that he has juit received from
New Orleans, a large and extensive assortment
of Groceries, which added to his former supply
from New York, makes his assortment as com
plete, if not suporior. to any he has ever oltereU
MEW
SbAjMrfUjg
L. J. DAVIES & Co.
H AV E just received an elegant assortment
of Spring Goods, nnd at reduced prices.
Among them are tho following articles, viz:
Italian, lustring, sinchew and sarsnett Silks;
Gro da Nap and gro do Swiss do.
Colored Satins; striped Palmyrccns;
Foulard Muslins (new style;)
French and Belgian Ginghams;
Do. do. Calio.iBii;
Sarsnett Cambric and Cambric Muslins;
Swiss, book nnd mull Mu»lins;
Lace Capes, Caps nmj Collars;
Bobbinct Laco nnd Thread Edgings;
Crape nnd Gauze Hdkfs ; Muslin Bunds;,
Linen and linen cambric Hdkfs.;
Wltite pongee do.;
Whitcrand green gnnzo Veils;
Gentlemen’s random silk Half Most:.
Do. do. cotton do.
Ladies’ silk nnd cotton Hose;
White and brown ailk Gloves;
Gentlemen nnd ladies’ Horscskin do-;
Bead Bags and Parses; silk do.;
Brown and green Parasols;
Do. do. Umbrellas;
Leghorn and dunstahle Bonnets;
Belgian stripe do.;
Fancy, gipsy nnd open work do.;
English chip do ;
Oil Cloths; Fustians; Tickings;
Apron nnd counterpain Checks.
a complete assortment of
fttfllfnar#
Of all kinds.
ALSO,—A large assortment of
STJMXOB.CLOTHING.
(CHEAP.)
White Satin Beaver IIATS-BOOTS
AND SHOES
Hardware Sc Cutlery,
Crockery, Joiners' Tools, fyc.
April 27—50—tf
\VlL JONES & Co.
H AVE just received a largo and general as
sortment of
LR7-GOCD3,
Hard- Ware, Crockery, Sad-
lery, Hats, Shoes, SfC.
Consisting ; n part of tlie following articles, viz:
upetlino b ue, Mack, brown, green and steel-
tuixt Cloths,
Do. Cajsiineros nnd Snttinets, various colors and
qualities,
Cassinetts, Erminotts nnd Navarino Cloths,
White, rod, green and yellow Flannels,
Bcaverteens, Fustians and Cotton Cnssimeres,
3 4 4-4 5-4 bleached Shirtings and Sheetings,
Do. <1+. do. brown do. do.
Do. do. Plaids,
British and Aftiericnn Prints, comprising many
entirely new and fashionable styles,
Plain, extracted and seersucker striped Ging
hams,
Fine and oxcra fine 4-4 Irish Linens,
Husain, birds-eye and damask Diapers,
White satin Drills,
French, German and Irish'Brown Linens,
n aia and twilled cotton and linen Drills,
Rouen Cassimerea and Cussinotts,
Black and green l’riiiccitaa Duettos, Circassians
and Bombnzelte,
Cambric., jaconet, book, mull and Swiss Muslins,
plain nnd figured,.
Checked Muslins comprising n choice nssort
inent of foulard printed muslins, a new and
splendid article fur ladies’ dresses,
Black, Italian, French and India Lustrings,
Sinchew, Levuntine nnd saranet Silks,
Colored Florence Silks,
White and black Satin and Satin Levantine,
Silk, flag and bandanna Handkerchiefs,
Italian and Cnnton Crapes,
Blnck French Bombazine, superior quality.
Hosiery, a largo assortment,
leghorn and Dunstablo Bonnets,
Belt, bonnet and taffily Ribbons.
ALSO, ,
Rifle and Shot Guns, Blacksmiths’ Tools,
Mill, cross-cut nnd hand Snws,
Plane Irons, Angers. Chisels. Drawing Knives.
Screw I’lnles, Hinges, Waffle and Wafer Irons.
Crockery and Glassware.
Saddles, Bridles and Martingales.
Gentlemen’s be^f Beaver HATS.
Shoes and Boots, a handsome Stock.
April 20—49—tf
From the Globe.
ANl EXAMINATION OF THE CHEROKEE
QUESTION.
( Concluded.)
Having endeavored to show the gen
era) nature ol die jurisdiction over the
Indian tribes, and that, in tho United
Stales, that jurisdiction belongs to tho sev
eral State governments, whensoever urd
howsoever they may choose to exercise
it, * is necessary now to enquire how fat
thulexcrciso of this right by the State of
Oebrgia is controlled or prohihitod by
on* conventional arrangements, made
w:i# the Cherokee Indians. If tho geti-
eiallgovernmenl have entered into engage-
moms inconsistent with this right, nnd il
such engagements wnro within the scope
of its legitimate authority, nothing remains
but to regret these stipulations and to
oxecuto them; even if they perpetuate
inconveniences, which must attend the
permanent establishment of the Indians
in thoir present places of residence. 11
on the other hand, the United States hove
contracted obligations which they cannot
fulfil without a violation of preceding and
paramount duties, they must then compen
sate the Indians, who are the injured par
ty, to their full satisfaction, unless their
den.and is, upon tho face of it, exorbitant
and unreasonable. If it is, tho commuta
tion should ho measured, by the party
thus involved in contradictory obligations,
in a spirit of l.berality, and tendered with
a full explanation of tho circumstances.
We think, however, it will be found that
neither of these olternatives it before us ;
but that all the compacts made with the
Indians may be exocutod, fairly ni.d in
good fni'.h, and consistently wilh the juris
dictional authority ot the Slate of Georgia.
Tin) extension of the laws of the re
spective Slates over die Indians, involves
their personal and political rights. The
former, under any state of things, will no
doubt bo amply secured, and all proper
rights nnd remedies extended to them.
How far they shall participate in political
privileges, must dopond on thoir advance
ment in improvement and knowledge.
While passing through that probationary
situation, which their previous habits and
circumstances Iravo rendered necessary,
they nmsl remain in the state of ' pupil
age,’ described b) Judge Kent. And with
out suffering the question to be influenced
hy preconceived notions, not applicable
to tho roJutious of the patties, nor by
those romantic delineations of Indian char-
actor *tud condition, more creditable to
tho liojrt than the judgement, which have
misled many worthy men, let us inquire
what must be tho actual effect of subject
In the examination of this topic, wo
consider it wholly unnecessary to enter
into any verbal crititism respecting tho
insulated 'meaning of words. Whether
tho compacts are called, 'treaties' or ‘eon*
ventions,' or, as in some of tho New York
arrangements, ‘ contracts;* whethei tho
pnrties are termed * nations,’ • tribes,*
hordes, kraals or • cantons;' whether tho
interest secured to them is .denominated
lauds,’ * possessions,’ ‘ hunting grounds,’
r ‘country,’ and heltj by * assignment,'
allotment’ or • guarantee;' nil this is, in
our view, although immaterial. An Indi
an camp, with its duties end confusion and
dangers, is nut a favorabtfl place for cau
tiously weighing tha precise meaning of
words, nor is it possible to translate them
The Spring and Summer
O F the Subscribers (lave just been received
anil opened. Tlio stock consists of every
nrticlo usually found in un aborted stock, viz.
Fancy nnd stnplo Dry Goods, lints, Bonnets,
Shoes, fluddlcry, Crockery, Hordwnri* and Gro
ceries, all of which are offered at lair prices either
for cash nr good paper. Purcliascrs are request
ed to cull uml look tin
May 4—51—3t
li rough.
LAWIION & HOWELL.
Bacon and Lard.
A quantity of Georgia cured Bacon and Lard,
lor sale hy
May 4—51—it
LAWIION & HOWELL.
Family Library
napartc,
Parly’s Columbus,
tlaivcrsal Songster,
Flute Instructors,
Rowlett's Interest Tables,
Coleridge, Shelly and Keal» works
Scott's Napoleon, 3 vols.
Cook's Morgagni. 2 vols.
Dewees’ Midwifery,
r.Uerlc's Practice of Medicine, 2 \ is
Turner's Chemistry,
Dicliat’s Analohny of Physiology,
Ainsworth's Dictionary,
Methodist Hymn Books (pocket edition.)
Prayer Books (do.)
8asd Boxes and Inkstands, , .
Purt Folios. Visiting Cards, Blank Cards, Ac.
Kher with a great variety of book, snd fancy
nurac ' on, *° ‘“''“““.NORTON.
any time of finding a good asmrtment
Merchants and Planters will find it to their ad
vantage to give him a call, as it is his intention to
sell ut moderate prices, for Cash, Cotton, ripe
Staves, Sides or approved Paper.
Just received as above,
ft*sacks Green Havanna COFFEE*
W by schooner Magellan, and to bo sold
cheap for cash.
Apalachicola, Dec. 20,1831—34—istf
Received on Consignment,
and for sale low hy the sul senhors.
-g A Boxes Cider, first qaa'-iy,
g SP 3 bbls. Cranberries,
3 bbls. New Orleans Rum,
5 do. prime Pork,
1 do. loaf Sugar,
2 do. Irish Potatoes,
1 do. dried Fruit,
5 kegs Lard.
3 hlide. new Baron,
60 sacks Liverpool Salt,
1(5 kegs white Lead. _ . .
Drugs, Medicines. Dye Stuffs, Paints, Oil. Win
dow Glass. Ac. will be sold si New York cost.
March24-45 TARVER A SQUIRE.
IK®iOW&U
POWERS & NAFEW
A RE now opening their assortment of Goods
for the Spring and Summer, consisting of
super hluo, black nnd brown Clotlis, Linens,
Printed Muslins, Culicoes, Ginghams, Silks,
Fancy Shawls nnd Scarfs, Ribbons, Bend Bags,
Gloves. A c. Also, F.rminetts, Yellow Nankeens.
Black Princetta, French Linens nnd Drillings,
Ac. for gentlemon’s wear. Black and Drab
Beaver Hats, superior quality.
Ready-made Clothing.
Colambns, March 8—43
CLOTHS.
4 good supply of superfine blue, black, claret
brown, olive, boltlo and invisible green
Cloths,. For sate low.
LAWIION A HOWELL.
Ijfay 4—51—2t
Loaf Si’gar, Teas and Wines.
A FEW bolr. superior Lump and Loaf Sngnr,
im. from the factory of Mr. Edward Dement, or
Charleston;
Teas, of various kinds;
Pink and white Champsigne Wine;
Madeira and Teneriffe Wines.
LAWHON A HOWELL
May 4—61—2t
L.C. ALLEN
HAS RECEIVED rER STEAMBOAT BALTIMORE,
Cognise BRANDY,
Jamaica and American RUM,
Holland and American GIN,
Madeira. )
Met sallies, [ WINES,
Sweet, J
Loaf and Brown SUGAR,
Prime COFFEE.
TOBACCO.
A large assortment of JOINERS’ TOOLS,
BLUE PLAINS.
Which ho offers for sale on his usual low terms,
P«e.t0-30-if
JUST RECEIVED
By steamboat Georgian, a general assortment of
JAPAN WARE,
Copper and Zino Kettles,
Pewter Basins nnd Plates,
Sheet Copncr,
Do. Lead,
Do. Zinc,
Do. Russia Iron,
Do. Brass,
Hoop Iron.
ALSO ON HAND,
A OEKERAL ASSORTMENT OF
TIN WARE.
All of which will to sold ut the lowest prices,
wliolesalc and retail.
IT Cash paid for old Pewter.
HARVEY HALL.
Colambns, Dec. 17—31—tf
LIST OF LETTERS
U EMAINING in the Post Office nt Mulberry
Grove. Ga. <m the first day of April inst.
Barnard ' nli,. 2 John Morris.
JOHN HUBBARD, P. M.
Ajuil
ing tjt the ordinary jurisdiction of the iaws
those tribes which have elready com
menced the great caroer of improvement,
and | made, as is represented, such pro
gress as to qualify them for the task of
self 'government. To one who is igno
rant of tlio controversy, which has risen
out of this subject, the answer will appear
disproportlotted to tho fearful consequen
ces which- it it apprehended or alleged,
will result from this change. These half
civilized Indians will become subject to
the common law of England, with tuch
temporary disabilitiot os the respective
State legialaturet may impose, till they
are prepared by education and habits, for
its full enjoyment. And is not this pre
ferable to tltsir present system of polity 1
All history teaches, that no free govern
ment can exist among half civilized peo
ple. It must become a despotism, ruled
by ono or a few* And, if we nro not
wholly misinformed, the experience of
our own Indian tribes confirms the general
losson. If tlio southern ludians have
made those advances in improvement,
which many so confidently assert and be
lieve, they cannot be imured by the op
eration of just laws. If they have not,
i hey are unfit for the task of self govern-
ment, and to become the founders of en
independent State.
We are induced to transcribe from the
able and interesting Report of the Com
mittee on Indian affairs in the House of
Representatives, made Febuary 24, 1830,
the account of an incident in the history
of the Cherokees not unworthy of notice
at the present time.
' In 1730, the Cherokee* (undo n more
format and coremonious relinquishment of
their sovereignty, than any recorded in
the history of this country. Besides the
ceremony of submission, which took place
in a general Council of all the Chiefs of
the tribe, to Sir Alexander Gumming, os
the Representative of the King, six of
the principal Chiefs wero selected, who
nctually went to London, utid laid the
Crown of the Cherokee nation nt tho
feet of the King, and acknowledged
themselves subject to him, io the same
manner their ,white brethren of South
Carolina were. 1
In i-ndenvoringto investigate the effects
of the various treaties that have been
concluded wilh the Cherokees, upon the
relative riglitt of that people and the
Stain of Georgia, we are met at the thresh-
hold by an objection which, if valid, ter
minates and forever, the whole contro
versy. It is said that the form of these
instruments, and the descriptive epithet
’nation,’ applied to the Indians, are a full
recognition of their independent position,
nnd we are now precluded from denying
tho legithnate conscqnonccs, flowing from
! our own admission.
literally and exactly into nny Indian
longue. Our 'language and the abori
ginal ones are radically different|..and as
Mr. Duponceau lias well observed, the
plant of ideas are difierent. This differ
ence is not one of idiom merely, but it
enters into the whole frame of their soci
ety, and into all their thoughts, and their
modes of expressing them. We look
therefore to the spirit and objects of these
instruments, and to the previous and con
temporaneous relations subsisting between
• he parties. And we construe them as
they were intended to bo understcod, and
were in fact understood. •
Our sovereignty over the Indians is
distinctly udmittea. When therefore n
stipulation, expressing that sovereignty is
inserted in an Indian treaty, it is merely
declaratory; not auxiliary. Tho right ex
isted before the treaty, and it extends to
tribes with whom we liaVO not yet formed
treaties. And so of the power io regulate
trade, to punish crimes committed in their
country, or by llieir people in ours, and
to. establish military posts, tVheretrer wo
think proper. All Oilier governments hovo
done these things, and much more; and the
Indians fully 'comprehend the obligations
they impose.
If they have universally been sup
posed hy themselves by us and by Olliers,
to be undor onr general supervisory au
thority, if their right to tho lands where
tiioy hunt and fish has always been con
sidered a possessory one merely, snd if
many of iho most important relations sub
sisting with tliom have, without faesitaiion,
been controlled by our government, and
acquiesced in by iheln; whatever compacts
may he formed with them must be ex
pounded with all the necessary 'limitations
arising from this state of things, unless
these are evidoutLy designed to change
them.
It is remarked by Chief Justice Mar
shall, iliat ‘ this treaty,’speaking of a trea
ty with the Delawares, * in its language
and in its provisions is fonfted, as near as
may be, on the model of treaties between
the crowned Heads of Europe,’ Andfar-
, -Europe
tiler, * the third article, alluding to the trea
ty of Holston, contains a perfectly equal
stipulation for the surrender of prisoners.’
And again, 'a boundary is described be
tween nation and nation.’ ‘The words
'treaty and nation' are words of our own
language; selected in our diplomatic and
legislative proceedings by ourselves, ho-
ving each a definite and well understood
meaning. We have applied them to In
dians, as we have applied them to other
nations of the earth. They aro applied
to all in the same sense.'
We certainly distrust ourselfes whets
differing from this most able and venera
ble mai), who has expounded and illustra
ted the jurisprudence of this country by a
series of decisions, not less remarkable
for thbir legal acumen, than for their depth
of research, and the Admirable powers of
generalisation they display. But tbit
point is so essential to the progress of the
<]i»cussibb, that Wo could not pass it over
in silence.
We do not invest igato the nature of
these instruments, with a view td ascer
tain their validity. This we admit. Ful
ly and fearlessly. But to prevent the «s-
clusinn of a conclusion,—To prevent eoy
inference from their form, which would
in effect destroy the existing relatione of
the parties,—Relations whose practical
operation is undisputed, and w|uch have
stood the test of two centuries of inter
course.
We cannot express the true dbctrtae aw
Well ns it was expressed at Ghent, wherw
this very objection was nrged and pertina
ciously repented. * The treaty ofGrwea-
ville,’ say the American Commissioaen*
1 neither took from the Indians the right
which they had not, of selling lands with-
iu the jurisdiction of tho United States*
to foreign governments Or subjects, nor
ceded to thorn the right of exercising ex
clusive jurisdiction, within the boundary
line assigned. It was merely declaratory
of the public law, in relation to .tkt par
ties, founded on principles prtvansty and
universally recognized.'
•The position of the Indians is M
anomalous. Europe present
similar. To demand that the
of intercourse which have *
shall be reconciled with
ims of public taw w!
tions ef civilised ant}
is to reject the univi
governments who have feei
in the new world,'au* Is to
tree interests of society to a
nations,
its of .all
colbpies
sacrifice the
. ity to adofjattion and
a deduction. We are not now called u-
pop to duenst abstract rights, but to inn
