Georgia statesman. (Milledgeville, Ga.) 1825-1827, February 26, 1827, Image 1

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Georgia S Statesman TERMS,—S3 PER ANNUM, IN ADVANCE,] BIItRITT & MEACHAM, Editors ] GEORGIA STATESMAN. IS PUBLISHED EVERT MONDAY IN MILLEDGEVILLE, GA. On Waync-Street, opposite the Eagle Hotel. BY S. MEACIIAM. tC?” Terms.... Three Dollars in advance, cr Fuiir Dollars if not paid in six months.— No subscription received for less than one year, unless the money is paid in advance, tad no paper discontinued till all arrearages OB subscription and advertisements are paid. N. B. —Notice of the sales of land and ne groes, by Administrators, Executors, or Guar dians, must be published sixty deyr previous to the day of sale. The sale of personal property in like man ner must he published forty days previous to the day of sale. Notice that application will be made to the Court of Ordinary for leave to sell land, must be published nine months. Notice that application has been made so Letters of Administration, must also he pub lished forty days. *** All letters directed to the Editors on business relating to the Office, must be post j mid SALE. ~ ON the first Tuesday in March next, will be sold in the town of Jackson. Butts county, between the legal hours of sale, the lollowing prsperty, to wit: 202 a Acres of land, more or less, whereon Robert Andrew now lives, known by Lot No. 96, originally 14th Dist. Monroe, now Butts county, Levied on as the projierty of Joseph Sentcll, to satisfy a fi fa in favor of Wm. White, against Joseph Sentell and Alex ander Herrin, security on an appeal. Prop erty pointed out by Alexander Herrin. Also—one negro woman named Matilda, and her child Moses, as the property of Neil Furgurson, to satisfy a fi fa in favor of Zach nriah White, property pointed out by the de fendant. Also—one grey horse, as the property of Yelvcnton Thaxton, to satisfy sundry (i fas ; one in favor of John E. Bailey and others. Property pointed out by tiie Defendant. Also—one grey mare, six or seven years old, and tbriie promissory notes, payable to Jonathan Harkncss, one on Margaret Neely, and two on George Harkness, as the property of Jonathan Harkncss and Richard Pounds. Property pointed out by the defendant. Also—one proramissory note, payable to Silas Cheek or bearer, for four hundred dol lars, signed by Robert Smith, as the property of Silas Cheek. Property pointed out by Silas Cheek. Also, 202 acres of lain], more or less, whereon Starlin Kemp now lives, to satiety o ti fa in favor of John Bacblott, and others, vs. Basil Lowe. Property pointed out by the plantiff- Also—so acres of land, part of Lot No. •12, in the first Dist. formerly Henry, now butts county, north-east corner of said Lo ; Levied on as the property of Thomas House, ■ o satisfy sundry fi fas in favor of Wm. Scott. Projierty pointed out by the plantiff. ISAAC. NOLEN, Sh’ff. Jan. 27th, 1827. 56—tds SCHLESrS m&EST. COPIES of the above work for sale at the MILLEDGEVILLE BOOK STORE. NOTICE. A LL those having claims against the cs rlt. tate of Jacob Maddux, dec. are reques ied to hand them in, in terms of the law, for settlement ; and those indebted to make im medk-le payment. WESLEY CAMP, Adm. Feb. 5. 1527. 59—6 t aSGIIMXafTAX. ORDERS. MILLEDGEVILLE, 12th Feb. 1827. PURSUANT to the Orders of the Major General, the Review and Inspection of the 33d Regiment of Georgia Militia, will take place, at the Court-House in the county of Baldwin, on the twenty-fourth of March next. The Officers, and Non-Commissioned officers will be assembled for the purpose of instruc tion, on Friday the 23d of March, at the hour prescribed by law. Punctual attendance be required, 111/ order of Col. BOZEMAN. J. 11. WALKER, Adjut. 58—t23m. From 4 the Memorial, Mr Editor. —So you liave hoisted flic banner of opposition—pray hear both sides. As Dean Swift in his Thoughts on Religion, solemely de clares that no wise man ever mar ried from the dictates of reason , it may be presumed that General Mc- Clure, considering all bachelors as wise men, is desirous of furnishing T hem with a justifiable motive for relinquishing their state of single blessedness. Not so the eloquent hard who, with such delicate simpli city, has depicted, in the following sonnet, the hapless lot of the unfor tunate Benedict, who sighs to think 'hat poetry is not always fiction. If ever you marry a wife, Rurnty-ily-oody-dce; Adieu to the comforts of life, Ivumty-ity-oody-dee. If you ask but a friend for to dine, Uumty-ity-oodj-dee; Site stints you to one pint of wine; Rumty-ity- oody-dcc. Sbc hopes you can dine off a hash, Rurut y-ity-o ody-dee; For we’er up to our necks in a wash, I'mnty.iiy-oody dec. •he hopes he will slay and take tea, Rumty-ity-oody-dee; tic are all in a family war, Rumty-ity-oody-dee 1 never give ought for to sup, Rumty-ity-oody-dee; That the maid may the sooner get up. Rumty-ity-oody-dee. MV all go to bed before ten, Rumty-ity-oody-dee; 1 *h! pray when shall we see you again Suinty-ity-oody-dee. •V. Y. Enquier • THE HUNTERS OF KENTUCKY. a son a. Ye gentlemen and ladies fair, Who grace this famous city, Just listen if you’ve time to spare, While 1 rehearse a ditty : And for an opportunity, Conceive yourselves quite lucky, For ’tis not often here you see A hunter from Kentucky. Oh, Kentucky,—the hunters of Kentucky, The hunters of Kentucky. We're a hardy free bom race, Each man, to fear, a stranger, YVliateVr the game, we join in chase, Despising toil and danger .• And if a during foe annoys, Whate’er his slrengk and forces, We’ll show him that Kentucky boys Arc “ alligator horses.” Oh, Kentucky, &.c. I s’p >se you’ve read it in the prints, HowPackcnham attempted To make Old Hickry Jackson wince, But soon his scheme repented; For we, with rifles ready cock’d, Thought such occasion lucky, And soon the General flock’d The hunters of Kentucky. Oh, Kentucky, &.c. You’ve heard, I s’pose, how Neiv-Orlcans, Is fam’d for wealth and beauty— There’s girls of ev’ry hue it seems, From snowy white to sooty ; So Packenham he made his brags, If be in fight was lucky, He’d have their girls and cotton bags In spite of old Kentucky. Oh, Kentucky, fee. But Jackson lie was wide awake, And was’nt scar’d at trifles : For well he kuew what aim we take With our Kentucky rifles, So led us down to Cyprus swamp, The ground was low and mucky, There stood John Bull in martial pomp. And here was old Kentucky. Oh, Kentucky, &e. A bank was rais’d to hide our breast, Not that we thought of dying', But that we always like to rest. Unless the game is flying ; Behind it stood our little foree— None wish’d it any greater, For every man was half a horse, And half an alligator. Oh, Kentucky, See. They did r.ot let aur patience tire Before they show'll their (hcea— We did not wish to waste our fire, So sin gly kept our places : But when so near wc saw them wink, We thought it time to stop’em, And ’twould have doue you good, I thick, To see Kentucky drop’em. Ob, Kentucky, &c. They found at last, ’twas vain to fijht Where lead was all their ’>ooty, And so they wisely took to flight, And left us all their beauty. And now if danger e’er annoys, Remember what our trade is, Just send for us Kentucky boys, And we’ll protect ye, ladies. Oh, THE UNITED STATES AND GEORGIA. The Presidents Message of the sth inst. in relation to the Encroachments of Georgia upon the Creek Territory, being read In Senate. Mr. BENTON moved tho refer ence of the message to the Judiciary Committee. At first he had thought it a fit subject for a reference to the Committee on Indian Affairs: hut he did not now think so, as there were questions involved in the mes sage in relation to the enforement of laws and treaties, which required an investigation by the Judiciary Com mittee. Mr. BERRIEN said: I agree with the Senator from Missouri, that this message, and the accompanying doc uments, ought not to be referred to (he Committee on Indian Affairs, be cause they involve questions very much beyond the limits of those which are ordinarily and appropri ately assigned to that Committee 1 disagree with him in the opinion that they constitute a proper subject of refer ncc to the Judiciary Committee; and so perfect is my reliance on the correctness of his judgment, when he shall hax'e directed his attention to the various subjects of this mes sage, that I shall not hesitate to pro pose a different reference, in the con fidence that he will, on further re flection, concur with me in the view which I have taken of it, and will therefore withdraw his motion. Sir, the President of the United Slates, in the message now before us, bar. called us to the consideration ot various questions, in their nature . rave, important, and delicate. lie Ins told you that certain of/icer* o' the State of Georgia acting with n the limits of that State, and unde. authority of its laws, have vioh" ■l, according to his construction t i an act of the Congress of the i i tates fie has told you that, acc<. ! mg to bis constructjop of that act, H* tibieruntartes, pacisquc imponere morem, parcere et debcllare superboi.—Vir.ciL. Milledggville, Monday, February 28, 1827. he is authorized to arrest these of ficers thus engaged in the execution of their duty, under the laws of the State, and w ithin its limits, and to bring then) to trial belbre the judi cial tribunals of the United States, or, at his discretion, (o a «mploy the military force of the Union, the army of the United States, the bayonets of its regular soldiery, to coerce the State of Georgia, through these ot ficers, to submit to his construction of this act, and his opiuion as to the rights of that State, lie has told you that he has already directed the arrest and trial of these otlicers, as offenders against this law of the IJ. States ; and before any decision of yours can operate, this mandate will no doubt have been carried into el iiect, so far as it relates to the arrest of the supposed offenders. He sub mits to you the inquiry, whether any act of legislat.on be necessary on the part of the Congress of the United States ; and accompanies this inqui ry with the declaration of his deter mination, under a sense of higher obligations than any which Congress can impose, if in his view it shall be come necessary, to call out the mili tary force of the United States to carry this act of Congress into effect, according to his understanding of its meaning and intent. Sir, I repeat th declaration. The questions presented by this message are grave, important, and delicate. They cannot be arranged under the' head of the duties, appropriately anti peculiarly assigned to any one of the Standing Committees of this House. Excluding the idea of the actual pendency of a judicial inquiry, which lias been instituted under the orders ol the President of the United States himself, another question presents itself, which, in my view, equally transcends tiie limits of the duties which appropriately belong to the Judiciary Committee. I state it thus ; Is the resort to military fore e,before ■judicial inquiry is had, an appropriate mode of determining the rights of one of the Sovereign States of this Confederacy ? The question, sir, is notv comparatively unimportant. But we are establishing, so far as may depend upon us, principles which may effect the future destinies oi this Republic; and our experience has taugiit us, how promptly pre cedents are resorted to to sustain assumptions of power. Another question., alike grave, presents itself to our consideration, and is equally beyond the limits ot the duties of any of the Standing Committees of this House. If the line of conduct which the State and its officers are bound to pursue, is prescribed by law —if the United States has a right to judicial inquiry, as to the effect and operation ol that law. on tho case stated in the Message, has not the State of Canr giit an equal right to such judicial in quiry ? Where is the evidence that she shuns it ? If shq meet the in vestigation which therresident tells you he has directed to be instituted, are her officers to have a fair and an impartial trial—the privilege which is allowed to the veriest culprit, or are they to encounter it under the previous denunciation of the Pre sident and Congress of the Unit? ed States, with the Army to hack them 1 It is another subject of grave and interesting inquiry, which every lover ol peace, every friend to the Union, will delight to pursue, whether some other nrodc may not be devised, by which this difficulty may be adjust d. without arryinga sovereign State of this Union against the Confedera cy, either in the forum or tho field. If happily such a measure can be de vised, all will agree that it ought to be resorted to, and yet the questions necessary to its determination are beyond the sphere of the duties of any Standing Committee of this House. There is yet a remaining question, full of importance to every member of this Confederacy. The President of the United States has announced to us his construction of an act of Congress, and has alleged the viola tion of that act by the officers of the State of Georgia, acting within her limits, and under the authority of her laws. He has declared his res olution to carry that act into effect, according to the construction which he has given to it, by the use, if it shall become necessary, of all the leans at his disposal He has dis tantly announced to us his determi.f . tion, as an ultimate resort, to avail : iinself of the Military arm of the L'NIOV. 1 submit, then, to the Senator from Missouri, and to this House, the estion, whether this Message, thu dving an inquiry materially affect t the rights of the States and ot uo Union, and t£e power? uod ti duties of the President of the Unit ed States, ought to be referred jtoanv •ftbe ordinary Standing Committees’ of this House. And, believing, as 1 do, that a Committee specially con stituted for the purpose of this in quiry, will most effectually accom plish the objects which every one Spuld desire to attain, the ascertain ed ol truth—(he administration of justice—and the perservation of the Constitutional rights of the States and of the Union : I move that the Message of the President dt f.h© UpitCil States anil the accom panying documents, he referred to a Select Committee Mr. HOLMES said that it seem d that part of the message, in reali ty, belonged to the Judiciary Com mittee ; that another part belonged to the Committee on Indian Affairs; and that another portion fairly be longed to the Military Committee. There was another portion of this Message, which illustrated an opin ion which Mr. 11. had long enter tained. He had, for a long time, considered, that there was a defi ciency in the Standing Committees, and that another ought to be added \ to those which already existed in the Senate : A Committee to decide upon ail questions between the j States and the United States, would, ho thought be a valuable addition; I and it would very properly receive j the name of the Committee of the j States. He would only say that he j was sorry any. collision should take j place between the Federal Govern- j moat aud any of the State Govern- i men is ; and a question of such a nature ought rather to be r ferred to a Select than a Standing Com mittee Mr. JOHNSON, of Kentucky, said, that he should not be in favor of referring the message to a select committee. It ought to go to a static ding committee not appointed f(0 the pqrpse of considering ihe subject but originated before this matter had been agitated. On a subject of the uaturo. of this, feeling would neces sarily Jbe excited ; and he therefore hoped ihw reference wouM be made to some committee not likely to par take of any excitement that might be felt in this instance. The Mes sage ought to go to the Committee on Indian Affairs, whose ability to decide upon it could not be question ed. They would report, and the sub ject, without further trouble, would be brought before the Senate in its proper light. If the United States’ Government were wrong, or if the Government of Georgia were wrong, the Senate would clearly understand it, aud the proper means for recify ingthe difference could then be point ed out. There bed been instances of interference on tin; part of the Federal powers upon the States, which cnlled for redress ; even the Stpte represented by him had been much oppressed; their laws had been nullified by a system of Judi cial procedure unwarranted and un precedented. But never had any collision between the Federal and State authorities appeared in so ap palling or so dangerous a light as, at first view, it did in this case. 11c did not fear that any great danger would arise out of this matter—it was one of those summer clouds which sometimes overcast the brigh test day; such had darkened our prospects formerly, and had been dis pelled, and so it wouljl be, he trusted in this instance. What he princi pally feared, was, the moral effect which such a disagreement would have upon the country, and in the view of the world. Mr. HARRISON, moved to lay tho Message on the table, and to print it, but withdrew his motion at the request of Mr. BERRIEN, who said: If I did not believe, Mr. President, that the observations of the Senotor from Kentucky would receive an inter pretation beyond that which he would himself give to them, I would not trespass on your time, by the very brief reply which I am now about to make. 1 reply", with entire confi dence, on the assurance which he has given to the Senate, that it was not his intention, in this stage of this inqiirv, to express any opinion on ihe merits of the controversy be 'tweentlic Stifle of Georgia and the United States, and the equally ex plicit declaration, that he and and not de o*gn to censure tbp conduct of that tilate in reference to this subject; but. as his remarks seem to me to be asceptible of such an interpretation •ad as such a censure would be alike uncalled for and unjust, I fed my self bound by every consideration of duty, V> vindicate the State which I have the honor to represent on tin - Kloof. Sir, if this measure is calculated disturb the harmony of our coun . j- —if t ho moral effort of tile agita ou ot such 9 quest ioo bo ot 9, which [Vol. 11. No. B.—Whole No. LX. | every patriot should deplore—if, in the language of the Senator from Kentucky, it is a fire-brand thrown among us—l call upon that honorable Senator, and on this House, to bear witness.thdt georgia is not the actor on this occasion,she has not revived this unhappy strife—she has acted under a law, passed at a moment when, by treaty, she had acquired undisputed dominion overall the lands within her chartered limits—in conformity to principles distinctly avowed on this poor by honorable Senators, who gave their sanctiou to that instru m nt. by which this treaty was par tially revoked. When, at the last session of Congress, the treaty with the Creek Indians was* under con» -ideration, it was distinctly admitted —no one ventured to assert the con trary —that, so far as the rights of Georgia were concerned, she had an absolute vested interest, under the treaty of the Indian Springs, which could not be touched without her consent. It was said, and reiterated, that the new treaty would secure to Geor gia all the lands within her charter ed limits ; but if, by any mistake, a , small portion should be excluded, ; tho United States would make haste Jto remove the difficulty, by obtain ing an instant cession of that portion ' from (he Indians, with the distinct I concession that the United States [coukl not deprive Georgia of the { rights wl*jch she had acquired under j the former treaty. Relying on these principles, and on her clear and un- I deniable and solemnly adjudged right to curvey lands within her chartered limits, the State of Georgia has pro ceeded to execute her law. She has met with obstructions from some Indian Chiefs ; and the President of (he United States, not content with having directed her officers to be arrested, has come here to menace her with the employment of the mil itary force of the Union. If a resort to the Judicial tribunals was proper, and will he available, why threaten her with the use qf. military force I Has she yet refused to submit her self to Judicial arbitrament? If arms ire to be used, why resort to the miserable farce of a Judicial trial ? Since Georgia has not yet resisted the civil authority of the United States, why agitate the councils of the Union by anticipating a conflict, which however unequal, may never theless be fatal to the happiness of this Confederacy ? I call upon the Senator from Kentucky to bear wit ness, that this is not the act of Geor gia. I ask him to reserve his opin ino for the full investigation of this case. If, on that investigation, it shall appear, that the Executive Government of the United States could at any time have terminated this unhappy controversy, by an act of perfect justice to Georgia, to the Creek Indians, and to the Unitod States—l will call upon him to say, under the influence of what motive (his subject has, in this form, been thus obtruded on the harmony of our councils. I agree that is a fire brand—l repeat to him, Georgia lias not thrown it—l trust the reference to a select Committee will prevail. Mr. BENTON observed, that, on the first hoaring of the message, he had thought tho Judiciary Corn- i mittee a proper reference ; but on further consideration of the various questions involved in that document, he was disposed to agree with the gentleman from Georgia, that the proper course would be to refer it to a select Committee. He would therefore, withdraw the motion he had made. Mr. HARRISON said, that as there were a great diversity of opin ions on the subject, and as it seemed to him, that the message, having but once been read, was not thoroughly understood, and as he thought even the gentleman from Missouri, rvas not altogether correct in his concep tion of its character, lie would again move to lay it on the table ; but he again withdrew the motion at the request of Mr. JOHNSON, of Kentucky, who said, in explanation, that, so tar from taking upou himself to bestow cenbure on the Goverriuent of Geor gia, he had not intended to express any opinion upon the merits of the case. He certainly did not sut (iciently understand the subject to take sides. His design, in moving the reference to a Standing Commit tee, was, that a more unbiassed decision might be obtained. As to the subject in dispute, he lop <1 some adjustment would be spcediij made, so that the line of tho disput od territory ought be run; and that an appropriation might then be made by Congrc s, and the land bouglil up. that they might have done will the matter. Some tttrther conversation took place, when tho motiou of Mr. HAli RISON, to lay the message on thy table, to [OR *4 IF NOT PAID IN SIX MONTHS. The question, on the motion Mr. BERRIEN, to refer it to a se lect Committee offive, was then put <M(f carried : and the following gen tlemen were elected to compose the committee; Messrs. BENTON, BER RIEN, VAN BUREN, SMITH, of S. C-, and HARRISON. The same Message bung read in the House of Representatives. Mr. Forsyth moved the reference of this comrounicatiop to a Commit t e of the Whole House, on the state of the Union. * He said that he rejoiced that at length the strange circumstances of this case had been presented to the House in such a form as to compel the rendering of a so lemn decision between the Execu tive find the State of Georgia, and that it was called for, at this time—— not by them, for they had been de manding it for years past—but that now tho call came from the Execu tive. He could not, however, as a Representative of Georgia, consent to sit and quietly hoar the charges brought forward in this communica tion against the authorities of that State. They had done nothing which violated the Constitution of their country. He would say this in ihe face of the Executive. [Here some member called Mr. Forsyth to order, but the Speaker decide 1 that ho was not out of order.] Mr. F. then procagdedio say that he also rejoiced to that tho Chief Magtsitrate, in of wiiat he conceived to be his duty, had not, this time, made his appeal to military force. He denied, how ever, the existence of any Constitu tional authority to employ such force either in the present case, or in any other which had occurred within that State ; and he rejoiced to see that Ihe Executive had now thought pro per to resort to the Civil Authority. Mr. F. hero denied that the Gov ernor of Georgia was guilty of trnn seuding the authority vested in him by law. lie acted under the Sov reigoty of his State, and had exercis ed ouly that discressioaary power which was vested in him by her laws. He had acted under rights exercised in every part of the Union, and which had never been resisted, except in the case ol Georgia alone. Mr. F. said that it would be easy to dilate on this subject; but he per ceived that there existed in respect to it, some sensibility in the House, and he would forbear. Mr. Powell, of Virginia, inquired whether the gentleman from Georgia anticipated any legislation in refer ence to the communication just re ceived ? and whether it would not be more expedient to refer it to ona of the standing Committees of the House, rather than to a committee of the Whole. Mr. Forsyth replied, that since the inquiry had been so directly put, he would frankly reply, that he did not anticipate any legislation : and he insisted that no legislation in the case could be necessary or proper. He considered the Executive as ask ing the opinion of this House in re lation to certain rights of the State of Georgia. If the opinion of tho House should bo in affirmance of those rights, n«* other act than a dec laration of such opinion, need ensue. Very false impressions were enter tained on this matter. It was only for the United States to will, and her will would be instantly obeyed. There was nothing to be apprehend ed if the General Government did not interfere, and under the semblance of protection, stimulate the Indians to a resistance of the authority of the State All the difficulties which had existed from the beginning of this business, had been created by this interference. Those unfortu nate beings would long since have done their duty to the country, cud to themselves, is it had not been for the base interference of infomous white men, who exercised an influ ence over them. Was it not suffi cient to refer to the scene which had taken place at this spot during the last winter —to the base and infa mous conduct of those who came with the Indians, under the pretence of protecting them ? Th re could be no n ed of any farther legislation on the subject. If the rights of the Indians had been violated, existing laws provided an ample remedy, and the Courts of the United States ware open to them. Mr. Webster said, on rising, that, nc was not much concerned whar. course this communication should take, or whether it should be refer t-d to#3ue committee or another, but he was not contented that if should 4 be supposed, cither hare ©r elsewhere, that there existed an e© ure unanimity of opinion with tfac gentleman from Georgia on thi.' abject. The gentleman from . £ia’must {pow tbet there ww? tw