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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'.