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Em* ahi mbits 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