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Georgia ® Statesman.
TERMS,—S3 PER ANNUM, IN ADVANCE,]
BHRRITT & MEACHAM, Editors.]
GEORGIA STATESMAN.
JS PUBLISHED EVERY MONDAY IN
MILLEDGEVILLE, GJI.
On Wayne-Street, opposite the Eagle Hotel.
BY S. MEACHAM.
’CU 2 * Terms.... Three Dollars in advance,
or Four Dollars if not paid in six months.—
No subscription received for less than one
year, unless the money is paid in advance,
and no paper discontinued till all arrearages
OC subscription and advertisements are paid.
N. B.—Notice of the sales of land pmd ne
groes, by Administrators, Executors, or Guar
dians, must be published sixty days previous
to the day of sale.
The sale of personal property in like man
ner must be published forty days previous to
the day of sale.
Notice that application will he made to the
Court of Ordinary for leave to sell land, must
be published nine months.
Notice that application has been made so
I.otters of Administration, must also be pub
lished forty flays.
*** All letters directed to the Editors on
business relating to the Office, must be post
paid
ON the first Tuesday in March next, will
be sold in the town of Jackson. Butts
county, between the legal hours of sale, the
following prsperty, to wit:
2021 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 property
of Joseph Sentell, 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,
mid,her child Moses, as the property of Neil
Furturson, to satisfy a fi fa in favor of Zach
ariah White, property pointed out by the de
fendant.
Also—one grey horse, as the property of
Yclvcnton Thaxton, to satisfy sundry fi fas ;
one in favor of John E. Bailey and others.
Property pointed out by the Defendant.
Also —one grey mare, six or seven years
old, mid three promissory notes, payable to
Jonathan Harkness, one un Margaret Neely,
and two on George Harkness, as the property
of Jonathan Harkness and Richard Pounds.
Property pointed out by the defendant.
Also —one pronnnissory 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 Check.
Also, 202 acres of land, more or
less, whereon Starlin Kemp now lives, to
satisfy u fi fa in favor of John Bachlott, and
others, vs. Basil Lowe. Property pointed
out by the plantifl".
Also—so acres of land, part of Lot No.
42, in the first Dist. formerly Henry, now
Hutts county, north-east corner of said Lo ;
levied on as the property of Thomas House,
to satisfy sundry ii fas in favor of Wm. Scott.
Property pointed out by the plantifl*.
ISAAC NOLEN, Sh’ff.
Jan. 27th, 1827. sG—tds
SCHLETTS DIGEST.
CIOPIES of the above work for sale at tlie
/ MILLEDGEVILLE BOOK STORE.
NOTICE. ,
ALL those having claims against the es
tate of Jacob Maddux, dec. arc reque ;-
ted to hand them in, in terms of the law, for
settlement ; and those indebted to make im
mediate payment.
WESLEY CAMP, Adin.
Feb. 5. 1527. 59—Gt
HEGXMENTAL ORDERS?
Milledgeville, 12th Fib. 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-Honse 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
pit scribed by law. Punctual attendance be
required.
By order of Col. BOZEMAN.
J. 11. WALKER, Adjut.
58—t23m.
Memorial,
Mr Editor: — So you have hoisted
(he 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
them with a justifiable motive for
relinquishing their state of single
blessedness. Not so the- eloquent
bard who, with such delicate simpli
city, has depicted, in the following
sonnet, the hapless lot of the unfor
tunato Benedict, who sighs to think
that poetry is not always fiction.
If ever you marry a wife,
Rumtj-ity-oody-dec;
Adieu to Ihe comforts of life,
Rumty»ity-oody-dee.
If yon ask but a friend for to dine,
Rmnty-ity-oody-dec;
She stints you to one pint of wine;
Rundy-ity-oody-dec.
She hopes you can dine off a hash,
R umty-ity-oody-dee;
For wt’er up to our necks in a wash,
Rumtv. ity-oody -dee.
She hopes he will stay and take tea,
llumiy-ity-oody-dee;
We arc all in a family way,
Riimty-ity-oody-dee
Wc never gi. e ought for to sup,
Rumty-ity-oody-dee;
That the maid may the sooner get up.
Rurnty -ity-oody-dec.
Wc all cp to bed before ten,
Rumty-ity-oody-dee;
Oh! pray when shall we see you again,
JtpintY-ity-oody-dti.
.V. Y. £nqufir-
THE HUNTERS OF KENTUCKY.
A SONG.
Ye gentlemen and* ladies fair,
Who grace this famous city,
Just listen if you’ve time to spare,
While I 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 Lardy free born race,
Each man, to fear, a stranger,
Whatc’er the game, we join in chase,
Despising toil and danger :
And if a daring foe annoys,
Whate’er his strengh and forces,
We’ll show him that Kentucky boys
Are “ alligator horses.”
Oh, Kentucky, See.
I s’pnse you’ve read it in the prints,
How Paekenham 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 around the General flock’d
The hunters of Kentucky.
Oh, Kentucky, &c.
You’ve heard, I s’pose, how New-Orleans,
Is fam’d for wealth and beauty—
There’s girls of ev’ry hue it seems,
From snowy white to sooty ;
So Paekenham he made his brags,
If he in fight was lucky,
He’d have their girls and cotton bags
In spite of old Kentucky.
Oh, Kentucky, &c.
But Jackson he was wide awake,
And was’nt scar’d at trifles ;
For well he knew 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, &c.
A bank was rais’d to bide our breast,
Not that we thought of dying,
Butthat we always like to rest.
Unless the game is flying ;
Behind it stood our little force —
None wish’d it any greater,
For every man was half a horse,
And half an alligator.
Oh, Kentucky, &c.
'hiey did not let ouv patience tiro
Before they show’d their faces —
Wc did not wish to waste our fire,
So snugly kept our places :
But when so near we saw them wink,
We thought it time tostop’em,
And ’(.would have done you good, I think,
To sec Kentucky drop’em.
Oh, Kentucky, Ke.
They found at last, ’twas vein to fight
Where had was all their booty,
And so they wisely took to flight,
And left us all their beauty.
And noiv if danger e’er annoys,
Remember what our trade is,
Just send for us Kentucky boys,
And we’ll protect ye, ladies.
Oh, Kentucky, &c._
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 the refer
ence of the message to the Judiciary
Committee. At first he had thought
it a tit subject for a reference to the
Committee on Indian Affairs: but
: 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 lo be referred to
the 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, nee to the Judiciary Committee;
and so perfect is my reliance on the
correctness of his judgment, when
he shall have directed bis attention
to the various subjects of this mes
sage, that 1 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
States, in the message now before us.
has called us to the consideration of
various questions, in their nature
grave, important, and delicate.
He has told yon that certain officers
of the State of Georgia zvith
in the limits of that State. an<l under
(lie authority of its laws, have violai
d, according to his construction <>
a, an act of the Congress of the <
ates. He has told you that, act -
ng to bjs construct ion of tbet act.
Has tibi erunt artes, pacisque imponerc morcm, parcere subjcctis et debellare superbos.— Virgil.
Milledgeville, Monday, February 26, 1827.
he is authorized to arrest these of
ficers thus engaged in the execution
of their duty, under the laws of the
State, and within its limits, and to
bring them to trial before the judi
cial tribunals of the United States,
or, at his discretion, togtmploy 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 of
ficers, to submit to his construction
of this act, and his opinion as to the
rights of that State. He has told
you that he has already directed the
arrest and trial of these officers, as
offenders against this law of the U.
States ; and before any decision of
yours can operate, this mandate will
no doubt have been carried into ef
fect, so far as it relates to the arrest
of the supposed offenders. He sub
mits to you the inquiry, whether any
act of legislation 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 the declaration. 'Fhe
questions presented by this message
are grave, important, and delicate.
They cannot be arranged under the
head of the duties, appropriately
and peculiarly assigned to any one of
the Standing Committees of this
House.
Jhe idea of the actual
pendency of a judicial inquiry, which
has been instituted under the orders
of the President of the United States
himself, another question presents
itself, which, in my view, equally
transcends the limits of the duties
which appropriately belong to the
Judiciary Committee. 1 state it
thus ;
Is the resort to military force, 6fi/bre
judicial inquiry is had, an appropriate
mode of determining the rights of
one of the Sovereign Stales of this
Confederacy ? The question, sir,
is now comparatively unimportant.
But we are establishing, so far as
may depend upon us, principles which
i may effect the future destinies of
j this Republic ; and our experience
! has taught us, how promptly pre
cedents are resorted to to sustain
assumptions of power.
Another question, alike grave,
j presents iUelt to our consideration,
l and is equally beyond the limits ot
the duties of any of the Standing
; Committees of (his House.
it t.'ie line of conduct which the
■ State and its officers arc bound to
pursue, is prescribed by laze— it the
1 United States has a right to judicial
I inquiry, as to the effect and operation
of that law, on the case stated in the
Message, has not the State of Geor
gia an equal right to such judicial in
quiry ? IVhere is the evidence that
she shuns it ? If she meet the in
vestigation which the President tells
you he has directed to be instituted,
are her offic rsto have a fair and an
impartial trial—the privilege which
is allowed to the veriest culprit, or
ar- they to encounter it under the
previous denunciation of the Pre
sident and Congress of the Unit
ed States, with the Army to back
them ?
It is another subject of grave and
interesting inquiry, which every lover
of peace, every friend to the Union,
will delight to pursue, whether some
other mode may not be devised, bv
which this difficulty may be adjust
ed without arryinga sovereign State
; of this Union against the Confedera
-1 cy, either in the forum <,r the field.
If happily such a measure can be de
vised, all w ill agree that it ought to
I be resorted to. and yet the questions
necessary to its determination are
■ beyond the sphere ot’ the duties of
; any Standing Committee of this
I House.
There is yet a remaining question,
full of importance to every member
us this Confederacy. The President
ot the United States has announced
to us his construction of an act of
Congress, and has alleged the viola
i 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,
1 according to the construction which
) he has given to it, by the use. if it
-hall become necessary, cf all the
means at his disposal He has dis
i linctly announced to us his determin
ation, as an ultimate resort, to avail
■ nimself of the Military arm of the
j Union.
I 1 submit, then, to the Senator from
j Missouri, and to this House, the
| q iestiou, whether this Message, thu>
olving an inquiry materially affect
| ’ the rights of the States and o’
I <e Uffion and the powers asd the
duties of the President of the Unit
ed States, ought lobe referred|toany
®i the ordinary Standing Committees’
of this House. And, believing, as
I do, that a Committee specially con
stituted for the purpose of this in
quiry, will most effectually accom
plish the objects which every one
should desire to attain, the ascertain
ment of truth—the 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
of the United States and the accom
panying documents, be 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 all questions between the
States and the United States, would,
he thought be a valuable addition;
and it would very properly receive
the name of the Committee of the
States. He would only say that he
was sorry any collision should take
place between the Federal Govern
ment and any of the State Govern
ments ; and a question of such a
nature ought rather to be r ferred
to a Select than a Standing Com
mittee
Air. 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 stan
ding committee not appointed for
the purpse of considering the subject
but originated before this matter had
been agitated. On a subject of the
nature of this, feeling would neces
sarily be excited ; and he therefore
hoped the reference would 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,
lhe Senate would clearly understand
it, and the proper means for rocify
ingthe difference could then be point
ed out. There had been instances
of interference on the part of the
Federal powers upon the States,
which called for redress ; even the
State represented by him had been
much oppressed; their taws 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. He
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 would 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 lav
th 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 us the Scnotor 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. I 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
iuqjiry, to express any opinion on
the merits of the controversy be
tween the State of Georgia and the
United States, and the equally ex
plicit declaration, that he d»d nut de
sign to censure the conduct of that
State in reference to this subject;
but. as his remarks seem to me to be
susceptible of such an interpretation
and as such a censure would be alike
uncalled for and unjust, I feel my
self bound by every consideration of
duty, to vindicate the State which I
have the honor to represent on thi-
Floor.
Sir, if this measure is calculated
to disturb the harmony of our coun
cils—if the moral effect of the agita
aon cf such a Quest ton be cue. which
[Vol. 11. No. B— Whole No. LX.
I 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
w itness,that 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 over all the lands within
her chartered limits—in conformity
to principles distinctly avowed on
this floor by honorable Senators, who
gave their sanction to that instru
ment, by which this treaty was par
tially revoked. When, at the last'
session of Congress, the treaty with
the Creek Indians was under cork
sideration, 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,
the United States would make haste
to remove the.difficulty, by obtain
ing an instant cession of that portion
from the Indians, with the distinct
concession that the United States
could not deprive Georgia of the
rights which she had acquired under
the former treaty. Relying on these
principles, and un her clear and un
deniable and solemnly adjudged right
to survey 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
the 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 Unien. If a resort
to the Judicial tribunals was proper,
and will be available, why threaten
her with the use of military force ?
Has she yet refused to submit her
self to Judicial arbitrament? If arms
are 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 ? 1 call upon the
Senator from Kentucky to bear wit
ness, that this is not the act of Geor
gia. 1 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 uniiappy controversy, by an act !
of perfect justice to Georgia, to the
Creek Indians, and to the United
States—l will call upon him to say,
under the influence of what motive
this subject has, in this form, been
thus obtritded on the harmony of
our councils. I agree that is a fire
brand—l repeat to him, Georgia has
not thrown it—l trust the reference
to a select Committee will prevail.
Mr. BENTON observed, that,
on the first hearing of the message,
he had thought the Judiciary Com
mittee a proper reference ; but ou
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. lie would ■
therefore, withdraw the motion he
had made.
Mr. HARRISO?< 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 l
once been read, was not thoroughly j
understood, and as he thought even I
the gentleman from Missouri, was]
not altogether correct in his concep-;
tion of its character, he would again •
move to lay it on the table ; but he >
again withdrew tne motion at the I
request of
Mr. JOHNSON, of Kentucky,
who said, in explanation, that, so far
from taking upon himself to bestow
censure on the Governuent of Geor
gia, he had not intended to express
any opinion upon the merits of the
case. He certainly did not suf
ficiently 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 I
the subject in dispute, he ’loped!
some adjustment would be speedily i
made, so that the line of the disput-1
ed territory might be run ; and that '
an appropriation might then be made
by Congress, and the land bought
up. that they might have done with
the matter.
Some further conversation took
piace, when the morion of Mr. HAR
RISON, to lay the message on the ,
table, negatived—3 to 2-
[OR $4 IF NOT PAID IN SIX MONTHS.
The question, on the motion o''
Mr'. BERRIEN, to refer it to a se
lect Committee of five, was then put
and carried : and the following gen
tlemen were elected to compose°tho
committee; Messrs. BENTON, BER
RIEN, VAN BUREN, SMITH, of
S. C., and HARRISON.
The same Message being read in the
House of Representatives.
Mr. Forsyth moved the reference
of this communication to a Commit
tee of the Whole House, on the
state of the Union. He said that ho
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 and 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 the call came from the Execu
tive. He could not, however, as a
Representative of Georgia, consent
to sit and quietly hear 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
the face of the Executive.
[Here some member called Mr.
Forsyth to order, but the Speaker
decided that he was not out of
order]
Mr. F. then proceeded to say that
he also rejoiced to perceive that the
Chief Magtsitrate, in the execution
of what 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
cither in the present case, or in any
other which had occurred within that
State ; and he rejoiced to see that
the Executive had now thought pro
per to resort to the Civil Authority.
Mr. F. here denied that the Gov
ernor of Georgia was guilty of tran
sending the authority vested in him
by law. He acted under the Sove
reignty of his State, and had exercis
t d only that discressionary 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 of Georgia alone.
Mr. F. said that it would be easy
to dilate on this subject; but lie 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 rc-
• ceived ? and whether it would nc f ’
be more expedient to refer it to ono
lof the standing Committees of the
! House, rather than to a committee of
the Whole.
Air. 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 tho
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 the
House should be in affirmance of
those rights, no 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
ito a resistance of the authority of
! the State. All the difficulties which
I had existed from the beginning of
this business, had been created by
[this interference. Those unfortu
-1 nate beings would long since have
[done their duty to the country, and
[to themselves, if it had not been
j 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 ? There could
be no n- cd 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 were
1 open to them. •
I Mr. Webster said, on rising, that
'he was not much concerned what
1 course this communication should
[take, or whether it should be refer
ed to one committee or another :
; but be was not contented that i’
} should be supposed, either here or
I elsewhere, that there existed an en
tire unanimity of opinion with th
?entleman from Georgia on the .
object. The gentleman from Geor
,; a must kßcw’ Ibero were V'.