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THE COIIKIEU.
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THE FIELD OF BATTLE.
-- Wander o’er this bloody field,
To look our dead and then bury them,
To sort our noblest from our common men
For many '•
Lie drown'd and soaked in mercenary blood.
Sheaktspatir's Henry V.
The last g’eam of fading sunshine fell
■upon the rout of Waterloo. The finest
amiv, that France had ever embattled iu
a field, was utterly defeated; an d the
dynasty of that proud spirit for whom
Europe was ton little, was over.
Night came, but it brought no respite to
the shattered army of Napoleon, and the
moon rose upon the “broken host,” to
light the victors to their prey. The
.British forgetting their fatigue, pressed on
•the rear of the flying enemy,and the roads,
covered with the dead*and dying, end
obstructed by broken equipages and de
serted guns, became almost impassible to
the fugitives, and hence (he slaughter
from Waterloo tbGenappo was frightful.
But wearied with blond (for the French,
throwing away their arms to expedite
.ibeir flight, offered no resistance,” 1 and
exhausted with hunger and fatigue, the
British pursuit relaxed gradually, and at
Genappe ceased altogether. The infan
try bivouacked for the night aronnd the
farm houses of Gallon-and Belle Alliance,
and the light Cavalry, some miles farther
on, halted and abandoned the work of
death to their fresher and more sanguina
ry allies. Nothing indeed, could surpass
the desperate and unrelenting animosity
of the Prussians towards (he French. Re
pose and plunder were sacrificed to re
venge. The memory of former defeat,
insult, and oppression, now produced a
dreadful retaliation, and overpowered
every feeling of luimaoity. The ves oictis!
Was pronounced and thousands besides
those Who perished in the field fell that
night be :oath tire Prussian lance and
sabre, fa vain a feeble effort was made
by the French to barricade the streets of
(Jnnuppa, and interrupt the progress of
the Blucher forced the pas
sage with his cannon; and so entirely had
(he defeat of Waterloo extinguished the
•pint and destroyed the descipline of the
remnant of Napoleon's army, (Sat the
wild hurra of the pursuer*, og the very
blast of a Prussian trumpet became a sig-
dal for High! and (error. But although
the French army had ceased to exist os
aoci>, and now (to use the phtase of a
jpmssian office-)exhibited rather the flight
of a scattered horde es barbarians, than
* lie retreat of a disciplined body—never
had it, in the proudest days of its glory,
shown greater devotion to its leader, or
.displayed more desperate and unyielding
bravery, than during tho long aud sangui
nary battle of the 18th. The plan of
B>naoarte\s attack was worthy of his
martial renown; and it was unsuccessful,
hut let this be ascribed to the true cause,
the heroic and enduring courage of the
troops and the mail to whom he was op
posed. Wellington without that armv.
or that army without Wellington, must
have fallen beueath the splendid eff »rt , of
Napoleon.
While a mean attempt has been often
made to lower the military character of
that great warrior who is now no more,
those who would libel Napoleon mb Wel
lington of half bis glory. ft may be the
proud boast of England** liero, that the
subjugator of Europe fell before him. not
in tho wane of his genius, but in full pos
session of those martial talents which
placed him foremost ia the list of Con
qaerors—leading that very army which
had overthrown every power that had
hi'herto opposed it, now perfected in dis
cipline, flushed with success,and confident
of apnroacbiog victory.
At Genappe, and not, as is generally
believed, at La Belle Alliance, Welling,
ton and Blticher met after tiie battle.
The moment and spot were fitting for the
interviews of conquerors. To Blucher’a
fresher troops the task of an unabating
putsuil was entrusted; and Wellington
Jtt midnight returned to Waterloo across
the crimson field which that day, had
consummated his military glorv. ’Twas
said that he was deeply affected, as “by
the pale moonlight,” be unwillingly sv .
veyed the terrible scene of slaughter lie
passed by, and that be bitterly lamented
a victory which had been achieved at the
expense of many personal friends, and
thousands of his gallant soldiery.
When the next sun rose, the field of
battle presented a tremendous spectacle
of carnage, Humanity shnddeied at the
view, for mortal suffering in all its terri
ble variety was frightfully exhibited. The
dead lay there in thousands; with them
h im ui pain aad agony'were ovei; but
with them a multitude of maimed wretch,
eswere intermingled mutilated with wouuds
and tortured by thirst and hunger. A
few short hours had Hasped and those
who but yesterday had carreered upon
the plain of Waterloo, in the full pride
of life and manhood, were st matched up
on the earth; and many who Ijqd led the
way to victory, who with exulting hearts.
!tad cheered their colder c-troiadey when
hey quailed, were laid upon the 4«W jn
telpless wretchedness. Nor was par's
misery confined to roan; Thousands of
wounded horses were strewn over this
scene of slaughter. Some lay quietly
on the ground cropping tho grass within
their roach ; some with deep mourning
expressed their sufferings while oihms
maddened with pain, “ Jer’k out theii
armed heels at their dead masters, kill
ing them twice.”
When day came, and it was possible to
send relief to the wounded, many circum
stance* tended to retard the welcome
succor.—The’great road to BrosdMs, front
heavy rains ami the incessant passage of
artillery and war equipages, was so much
cutup,us to materially retard the carnages
employed to bring the wounded from the
field. Dead horses and abandoned bag
gngo choked the caused way, and render
ed the effort of Belgic humanity both
slow and difficult. Up to the very gates
nf Brussels, “war’s worst tesults” were
visible. The struggles of expiring nature
had enabled sonic to reach the city.—
Many, however, had perished in the at
tempt and dying ou the toad side, cover
ed the catisoway with their dead bodies.
Pits, rudely dog and scarcely moulded
over, received the corpses which daily
became more offensive from the heat ;
and the »od, at the verge of the forest,
covered ** the horse and his rider.”
Wiieu such evidence of destruction was
apparent at a distance from the field,
whet a display of devastation the narrow
theatre of yesterday's conflict must ltnve
presented 1 Fancy may conceive it ;
but description must necessarily bo scan
ty and imperfect. On the small suiface
of two square miles, it was ascertained
‘hat 50,000 men and horses were lying !
The luxuriant crop of tipe grain which
had covered the field of battle, was redu
ced to litter, and beaten into the earth :
and the surface trodden down by thu Ca
valry and furrowed deeply with cannon
wheels, was strewed with many a relic of
the fight. Helmets and cuirasses, sftai
lered fire arms and broken swords ; all
the varietv of military ornament ; jances
caps and Highland bonnets,juiuf rms of
every color, plume, ami pennon, musical
instruments, and apparatus of artillery,
drums, bugles, but good God 1 why dwell
on the harrowing picture of a “fougliten
field?” each and every ruinous display
bore a mute testimony to the misery of
such a battle. Could the melancholy ap
pearance of a field of death be (lightened,
it would be by witnessing the researches
us the living amid its desolation for the
subjects of their love—Mothers and wives
and children for two days were occupied
in that mournful duty; and the confusion
of the corpses, friend and foe intermin
gled as they were often,rendered the at
tempt at recognizing individuals difficult,
and in some cases impossible*
Iu many places the dead lay four deep
k upon each other, marking the spot some
British square had occupied, when expos
ed for hours to the murderous fiie of a
French buttery. Ou one side; lancers
and cuirassiers were scattered thickly on
the earth. Madly attempting, to force
thl’-wrricd bayoues of tkc British, ihrv
httd-fiillen in the bootless essay, by mus
ketry of the inner files Farther on you
trace the spot where the cavalry of
Francs and England had encountered
Chassuer and hussar were intermingled;
and the heavy Norman, horses of the
imperial guard were interspersed with the
gray cluirgers which had carried Albion’s
chivalry. Here the Highlander and tirul
leur lay side by side, together, and the
heavy dragoon, with “green Erin's”
badges upon his heluiei,f was grappled iu
death with (be Polish lancer.
On the summit of the ridge, where the
ground lay cumbered with dead, and
trodden fet-lockdeep in mud and gore,
by the frequent rush of rival cavalry, the
thick strewn corpses of the imperial
guard pointed the spot where the last ef
fort of Napoleon had been defeated.
Here, in column, that favoured corps, on
whom his last chance rested, had bceu
annihilated. Tho advance and repulse
of (he guard was traceable by a mass of
fallen Frenchman. In tiie hollow, the
last struggle of France had been vainly
made.—The old guard, when the middle
battaiious had been forced back, attempt
ed to meet the British, and afford time for
their disorganized companies to rally.
Ht*ie the British left which had verged
upon .the French centre, had come up ;
and Here the bayonet had closed the
contest.
It was the first light of morning (hat a
solitary party were employed in the place
we have described examining the dead
who there lay thickly. They were no
plunderers, one, wrapped in a cloak, di
rected the researches of the rest, who
seemed acting under a stranger’s control,
and from their dress appeared to be Bel
gain peasants.
Suddonly the muffled person uttejed a
wild cry, and rushing over a pile of
corpses, hurried to a spot where a soldier
was seated beside a fallen officer. Fee
ble as his own strougth was, he had ex
erted it to protect the wounded man.
His musket was placed beside him for de
fence, and his own suffeiing seemed in
his solicitude for the person he was watch
ing The noise occasioned by the hasty
approach of the muffled stranger roused
the wounded officer ; he feebly raised his
head. “It j 3 herself !” he faintly mill
tered and next moment sank in the arms
»f Lucy Davidson !— Stories of Wa
terloo.
Wo much regret to say, ,hat since pnt
ttog our paper to prosSi a part of our
Bridge has been carried awav. About 1
P. M. a large boat, partly filled with wa
fer. broke loose above the bridge, and
struck the centre arch with great force
carrying it away, together with an adjoin*
"ig one, leaving she Bridge a perfect
wreck. At present the rivpr is impassa
ble, bur ihe Ci tv Council aie making
active oxeniotn t<* establish a ferry as soon
as practicable. _
JUaeon Messenger, 2 1 inst.
COUNT CHARLES DE LAMETH.j
Tho gallant La Fayette has recently!
expressed the wish, that his own death
might precede tlie dissolution of the Uni
on! One of his companions iu arms has
boon more fortunate. Count Charles
Do La moth,after a long and distinguished
career,'has recently died in France; and
his name and that of liis brother, who j
died tinee years since, cannot be permit
ted to pass from the memoiy of those
who honor the services of the “virtuous
tfc brave,"
The subject of this sketch was a native
of Picardy, was burn in 1756, and in the
frigate La Gloria followed his brother
Alexander to America in company with
with the Duke de Laozon & many other
distinguished < fficers. A celebrated nav
al engagement took place on the passage
between this vessel, assisted by another
French frigate, L’Aigle, and an English
frigate the Hector, in which tile latter
was obliged to strike her colors. Their
lauding in the Delaware was attended
with many romantic incidents, and much
danger. An English fleet, in which the
present King of England then was, chas
ed the two French vessels, and finally de
stroyed one, if not both of them, in out
waters. So hot was tho pursuit, that
the F'anch officers were compelled to os
cape in-small boats, at midnight, and the
military chest was for u while deposited
in the rivnr'unfil tlie enemy disappeared,
when it was (token and brought in safety
to Philadelphia through the indefa'ugable
exertions of tho Chevaliers Vioiuental &.
Do Laval.
The varfods anecdotes connected with
the seivices and gallant bearing of these
French officers during the remainder o(
our revolutionary war, will ofTer an invi
ting theme to the pen of our futuie poets,
biographers and novelists.
On the leturu of Count Charles to his
own country, he was made Lt. Col. ol
the Orleans Dragoons, then Col, of the
King’s Curassiers, and gentleman in wai
ting to the Count D’Arioia, since King
of France. About this time, through the
influence of his mother, who was sister ol
Marshal Brogiio, he married a beautiful
young lady, possessing immense wealth,
bv the name of Picot.
In 1789 ho was chosen Deputy ft <>m
Artois lo the Stales General, and until
the flight of Louis 16th, he xvas a warm
and energetic opponent of die Couitand
the atislocracy. He was with die army
of Lafayette until that General abandoned
bis command. From Vuiennes he reap
ed to Havre, 5 where he suffered a tempo
rary at rest, but on regaining bis liberty,
he retired lo Hamburg, living in great
obscurity. He afterwatds selected Baslo
in Switzerland as the place of his resi
dence, In 1800 lie returned to France
with his brother and other emigrants,
whose namet were erased from the list ol
exiles. He re-entered the army, and was
appointed aid to Morat in 1817- He
distinguished himself at Heilsbetg by bis
uncommon bravery, and in shod, from
that period until 1813, he served with
great honor iu the armies of France,
both against Austria and Spain, obtaining
decorations and rank as the trophies of
bis valor.—ln 1814 he was appointed a
Lieut., General, and recently he has been
a member of the chamber of Deputies,
from the depaitinenl of the Seine and
Oise.
The career o' this man, which has con
fered honor upon his family, and glory
upon France, seems to have been long
since forgotten by tiiat people across the
Atlantic, whose interests he in early life
adopted as his own.
Eternal honor to the Hero and Patriot
who fleshed his maiden sword in the cause
of American independence!
AUGUSTA.,
MONDAY, MAKCII 25.
Onr Representative the lion. Richard 11,
W ii.dk, has returned from Washington City.—
Causes, connected with his public duties, detaia
ed hint last summer from the bosom of his Con
stituents. lhe Public welcome his return.
THE~THEATRE,
.Master Burke after displaying his talents, last
week, in a variety of characters, opens this week
in Romeo. Tho’ rather 100 young to entertain
so violent a passion in earnest, httving seen him
in the character, we are able to say, he person
ates the love-sick Romeo very well. And those
who have seen Mrs Flynn, will agree with us,
when we say, she will make as fair a Julitt as
was ever sighed for.
The Siltss Richards, arrived at New York,
brings nothing later, than what we have before
published, from Europe. The'French Govern
ment have ordered the Polish Committee to leave
Patis. It is said that very extensive intiigues
have been discovered, against the Government of
Louis Phil p, in which the Polish Committee,
together with certain Ita'ian Refugees were con
cerned.
Col. Twtoos received despatches on yesterday
ordering him to New Orleans, 3 Companies In
fantrv to Fort Mitchell under Major Mclntosh,
2 Companies Artillery to Teltico Plains, and 1
to remain at the Arsenal. In Partins' with the
gentlemen on this station, we speak the public
voice when we say, they do it with regret ; for
independently of the pleasure derived from their
gentlemanly conduct and social vittues, the
neighborhood has felt the good effects of the
strict discipline, which has recently distinguish
ed the garrison. Besides the more direct re
sults of this discipline. evidenced by the great
improvement of the Troops in military array,
the service has been honored by the strict con
trot, which it has exerted over the disorderly
and dissolute soldier.
While on this gubject, we may notice a cir
cumstance probably not generally known. The
only two Georgians of any rank in she U. ar
my. Col. Twtoos and Maj. Mclntosh, were
stationed at our Arsenal this winter—an addi
tional evidence of that delicate regard, which
the Administration has uniformly exercised to
wards this State
One of the Soldiers at the Arsenal killed his
comrade on Saturday night last. They quar
relled about a trifling bet, and one stabbed the
other in the heart.
Our South Carolina friends might have saved
themselves some trouble and odium too, in nul-'
the way they have, done, the Revenue
Colletion Bill they could not nullify it so es
ectua'ly m anv way as by behaving themselves.
mi * u , a J* rt ! cess of nullification the nation
wjtb unanimous voice:
We have three acCoimta of Ciio’vra in Cube,
that it is raging there, that it lias moderated
and that it is extinct. »
A report wm current, at Havana, on the au
thority of a Loudon paper of Jan. 27th, that
“War had broken out between France and
Russia.” This is verjr doubtful.
We have seen a publication in Hand Bill form
purporting tu lie a tetter from l\ G. Randolph,
late first clerk in the War Department, to his j
brother-in-law ,(oh'- H. Eaton. When we first j
read it .over, we thought it a hoax, both from the j
manner and tn«iter, lor both are execrable, but !
upon close inspection, and a refeience to the j
cat ds that have been issued by R. B. Randolph j
and Carter Beverly, the latter name not well ,
calculated to raise v+r.y favorable impressions,
we are led to believe there must be something
wrong in pie matter. Frou. the puhlication.it
seems that Major Eaton thought proper to with
draw his confidence towards the writer in some
Bank transaction, an endorsement or something
of that kind, and Mr. Randolph net much pleas
ed. has introduced the private history of their
families, and made sundry charges that should
be, even if true, forever k«*pt enbrosy. Instead of
elevating, such thing - have adenitehcy to debase
the person making the charge, lhry certainly
have the effect of lesening the standard of moral
excellence in the country, coming as they do,
from so elevated a source.
The retreat of Winter has been a melancholy
one. The xephyr of Spring may coot the fe
vered cheek of care and anxiety, but it cannot
cure the deep-rooted sorrow, which preys on
the heart. We have never seen Spring bring so
Unlit joy with it as the present. Comuteicial
difficulties and failures have shed a gloom over
tiie refiling season, and death, hanging with
scowling aspect on his retreat, has frequently
snatched those blossoms, which his desolation
ha<t left tu decorate the arden of life. Such
are the ram fica'iions of society jind the connec
tions of btisine«s, that there is scarcely an indi
vidua), who lias not felt the effects of the general
distress. Fortune may be retrieved by enter
prizing industiv, and prosperity insured by
prudent economy. This world’s goods may
lie regained, and smiling plenty ay ain grace the
hospitable board of ihe generous Merchant.
But who shall rekindle the lamp of life, when
once extinct? Whnshall give pu’sation to the
heart that is still, amt. blo-'m to the cheek that
is pale in death? Who shall call back those
dear friends, whom our last, kindness has so re
cently consigned to the grave? The hopeless
ness of such results gives is deceptive quietness
to .sorrow, which, only shewing its depth and in
tensify, impresses on the public countenance the
aspect of melancholy despair.
Wliat shall we do next ? The Anti-Tariff ex
citement i* so nearly over, Hint wc might say
with Othello, our “occupation’s gone.” But it
is probable some new game may be sprung du
ring the summer, that shall give the printers and
their patrons business and amusement. We
cannot, as yet, tell distinctly what it will he.—
But we shall gee. It is possible, the nttlhfiers
may employ their time in saying backwards all
they have charged against Mr. Clay. Our
Troup friends may amuse themselves in exerci
sing their ingenuity to get ofl'deceutly from Mr
Van Buren and assailing old Hickory. Doth
these tilings, however, we think we perceive they
intend to do. The Clark folks, il they can find
no better reason, may do rigid, because tluir
opponents do wrong. We are sure they will
support an administration, which has saved the
country, by its energy anil promptness, from the
bloody consummation of party folly, to which it
was so fatally rushing. They will look at things
as they are, and not decry a fatal heresy with
forked tongues. They will continue their ohe
dience and allegiance too. to tlie United Stales,
and seek no metaphysical distinctions to sever
their affections from the Union They will grope
beneath no single star, glimmering through the
dark night of political insignificance, but swenr
to live and die in the light of that unbroken con
stellation, which pours its glories over ou.r whole
country.
“F.noug' of its glory remains on each sword
“To light them to victory yet.”
A foolish report is got up, on anonyntousTait,-
thority, that the Ch rokee Controversy will be
revived with Georgia, under the provisions ol
the Revenue Collection Bill. We caunot vouch
for the truth or falsehood of any thing these
days; for such odd m ilters do turn up in the
twinkling of an eye, that when it is shut, we
cannot tell on what it may open. But the object
of the report cannot be mistaken—it is to excite
prejudice against the “Enforcing Bill.” and
thus help in getting up Southern opposition to
Gen. Jackson’s adininistra'iou, To ag«ist in
this matter, a Charleston paper asserts, that (he
provision about getting the proceedings of tho
Court below when the Clerk refuses a certified
copy, was intentionally Inserted to catch Geor
gia. These Carolinians now detire to shift the
odium of having Jaws enacted to keep them in
order, upon other people s shoulders. They
know petfectly well, the provision “was re-en
acted (for it is uot new, as every Lawyer knows)
to meet a clause in their nullifying laws They
wish most ardently, that we should agnin get
into difficulty wph the General Government; for
like some marine beasts, they only shew (heat
selves in a storm. When the Supreme Court
passed its decision in the recent Missionary case,
they fairly shouted, and clapped their hands, like
Mr. Clayton did when (he President leturned
the iat iff Bill unvtloed. And because our Gov.
ernor aided by the good citizens of the State
has been successful in allaying the storm by a
pardon, whose refusal would have awakened
tenfold their denunciations, we Have been abused
as sycophants of power, hollow-hearted hypo
crites R’C And they would again rejoice if any
of tlie'r tools could so far impose on the Cheio
kees os to induce them to renew the strife. Most
upright, devoted patriots! how we honor you!
We never knew n culprit, who blessed the law
that punished his iniquities. So the nullifiers
denounce the Enforcing Bill. But there is noth
ing new in it. either in a civil or military point
of view. And that it is just as it should be, is
shewn unerringly by the very growling of these
sinners.
Le t not our readers suppose, from the recent
silence we have maintained, that we are not on
the watch tower We are observing with as
much indignation as is permitted to a sentinel,
the movements in the enemy's camp. They
are meditating a violent assault upon the old
laws of 1795 and 1897, whose provision* the
Revenue Col'ectionßill authorized the President
to use ih maintaining the supremacy of the laws.
What Washington and Jefferson approved, is a
* bloody” contrivance to enable Gen. Jackson
to cut people** throats! We do not fear that
these desperadoes will storm the common sense
of our readers, and have, therefore, patiently
watched their violent gesticulations, as you
would observe an Indian War Dance, necessary
to get up the Tribe’s courage to the “sticking
point.” In the common sense of the public we
trust. We have not often appealed to it in vain.
Here is the manner in every unbiassed
citizen wiil view the Bill, which has so annoyed
these exclusive patriots: It is irue. it might not
have been enacted—it was not absolutely neces
sary—possibly existing laws cover the whole,
ground of probable offence. Bui a dark cloud
has beeu gathering for several years over the
(air prospects of our country—thc patriot at
home and the philanthropist abroad looked at
it with portentous forebodings-—they feared that
our Government was not adequate to its own
preservation—jhat it must crumble into dust be
fore the breath of disaffection. It had become
necessary, tlujt these fears should be shewn to
be groundless, and that an enlightened people
understood their interest and honor, too well to
prove recreant to their high destiny A flash < f
public indignation, directed by the National Exe
cutve, durted through that cloud, aud if is now
thin vapor. The glorious scene, which it ob
scured but lor a moment, again stands before
i the wot Id, the incentive and example of freedom
The fomentors of the public disturbance are
pointing to the Revenue Collection Bill as revi
ving our controversy about the Cherokee Lands.
(Vlmt is the caption, or title of that Bill 1 “To
provide further for the collection of duties on
imports.” Our readers may remember, what
an insuperable barrier the title of the Tariff bib,
(as it was nut expressly for the “ protection of
Manufactures”) opposed to their patriotic en
deavors to relieve themselves of its burdens by
an appeal to the Supreme Court. How does
the case stand with the Collection Bill ? How
will they bring Indian Lands under its caption ?
Do its remedies operate in any case, but where
the revenue is to tie collected ? We do not in
le it! by this kind of special pleading more than,
a kind of atgumentum ad hotninem, for thn.se
who are not veiy particular about the consisten
cy of their views. We regard the act “to pro
vide further for the colLction of duties on im
ports,” as a general law, though enacted for a
particular emergency, bearing upon all disturb
ers of the public peace.
In consequence of the passage of this bill, it is
rumored, that the Cherokees refused to dispose
!of their lauds. This is certainly a promising
attempt to enlist Georgia against the law. But
! our readers will wait till they ascertain the fn,cl
| positively ; and if it should turn out to be the
case, they will then enquire what intriguing
friend suggested this course to the Ch«r»kceg—
! who was il told them Ibey must now certainly
| succeed with the Supreme Court—who loldf/tcm
that the Government did not offer them enough,
and the government, that it offered too much ?
Can no one about Athens let the public into the
secret of this intrigu ; 1
Since wiitiog the above we find the following
iu the National Gazette:
THE CHEUOKEE CASE.
A letter from the “Spy in Washington,”
published in the New Yoik Courier, in
lot ms us that anew and nlaiuiiug difficul
ty has arisen ill Washington; that (he
fourth or fifth section of the bill to en
force the Revenue Laws “ opens the Cher
okee case, atid enables them to bring ihe
question of title to the Georgia gold mines
before the Supieme Court of the United
Stales.” The writer of this letier lur
liter tells us that they will not progress
iu the Mseaiy; and ‘hat it is notv believed
that they will carry up the case (what case
is depending, auti where to be can ied up ?)
iu reluiiou to the lands to the Supreme
Court; aud that it is the opinion, gener
ally, oi sound iawyears, that a decree will
bo made in tlu ir luvor. As to this opin
ion of sound lawyers, and their anticipa
tion of the Court, we can say nothing, as
we do not know that any such opinion
has been given, nor can wo foretell what
will be the Deciee of the Court, should
the case be again brought before them.
We have now to enquire how the sec
tions relerred to of tiro latp.collec ing
law have opened the case of the C1.e.0-’
kees, already decided by the Court ; and
we wish the letter wiiier had given us
some light upon this question ; some sag
gesitoit of the manner in which if j s t() j Jt .
done ; of the ground of the opinion lie re
lies upon. Wish onr present knowledgi
of the subject we cannot comprehend
how any such consequence or effect is id
derived from tho enforcing Acr. When
we advert to the ground on which the
Chief Justice put the judgment of the
Court in the Cherokee case, tve cannot
imagine bow it is to be changed by anv
thing we can discern in tho late act for
collecting the revenue.
li will be recollecied that the bill or
application of the Chetokees was dimiss
ed because, by the Constitution of the
Uni'ed States, the Court had no juris
diction of the case, for want of proper
parties ; the Constitution having restrict
ed the judicial power of the United
St.ates, in cases in which a State is a par
ty, to cotilroveisias between two or more
States, and between a Slate and a for
eign State, ft was cousideied by the
Court that the Cherokecs were not a for
eign State, within the meaning of the
Constitution. This was the principle of
lhe decision. It is a cons iiutional piin
ciple, and we most see how it has boen,
or could be, affected in any manner bv
the fuuith and sis h sections of the en-
forcing law. The fourth enacts, in -nb
stance, that in case any party, (hat is a
parly regularly in court, ia entitled to co
pies of the tecoid of any proceeding in
any State Court , to be used in a Court
of the United Stales, and the Clerk of
the State Couit shall refuse or neglect,
on demand, to deliver such copies to such
party, the Court of the United Slates in
which such record may he needed may
allow it to be supplied by affidavit or
otherwise. The fifth section provides
that when the President of the United
Slates shall he »file i ally informed, that,
within the limits of any Slate, any law
of the United States, or any process of
the Court of the Uoited St iles, is ob
structed by the employment of military
force, or by any unlawful means, <fcc.
the President shall issuo his proclama
tion, declaring such fact ; and he is au
thorized to employ snclt means to sup
ptess the opposition to the laws, or pro
cess to be executed, as are provided in
the cases mentioned in an act enti
tled, «sec.
I do not find a syllablo here which
touches the grouod on which the supreme
Court dismissed the bill of the Cherokee*.
If, iodeed, the Court had entertained
their case'; had made a decree io it, ams
issued process to execute tho decree, and
that process had been resisted or obslmc''
ted, then the powers given to the Presi
dent by these sections, might have been
used to suppress the opposition and cause
the process to be executed. But the de
fect was in the power of the court* in tbo'
constitutional restrictions which did not
allow them l<> call <«n -a State to answer
at the it ibuttal to any adverse party but a
State of the Union or a foreign State,
which the Cherokees were not. Tho
act of ' oneess does not pretend to im
pair the ptiuciple or provision of the con*
•stinilioii, and could not do it il it So inten
ded. In like manner, if ihe Missmnaiy
case had proceeded, tve agree that tho
sections alluded lo might have been ap-
plied lo it. It tvas precisely a case in
the contemplation of the law, and the
President would have been authorized Ur
exerciso the powers given him by theso
seciious, to compel an obedience to the
mandates aud process of the Supreme
Court. But the question between tho
State of Georgia and the Cherokees, in
relation to the land, remains as it was
when decided by ‘lie Court.
Tli-'y are making a question, whether or no 1
Mr. Clay’s Land Bill is not the Law of the Land,
from the President not returning it to Congiess
within ten days. The following are the views
of the N. Y. Courier and F.nquirer :
Bui we learn from Washington that a
question has bueu raised, which, iu our
opinion, is well taken, and, if so, then is
the Land Bill the law of the country
tho Executive's detention of it lo the
contrary notwithstanding.
The Constitution, sec. 7, says—“lf
any bill shall not bo returned by the Pies
uleni within ten days (Sundays excepted)
after it shall have been pi evented to him,
the same sliiill be ala .v, in like manner
as if he had signed i«, Unless the Congress
by their adjournment prevent its return;
in which c.ise it shall not be a law.”
N<>w, it is contended; tint' mismurh as
the constitutional term for which the Into
Congress was elected explicit on the 3d
of Match,they did not *‘b\ their adjourn
ment prevent its (tlm bill) iHjirn.” It is
argued that ibis provision only ielates to
cai-os where Congress might by an ad
journment attempt to cooice the Execu*
live into a preiua «re uc'ion upon a bill
and that i; cannot apple to any case when
the adjournment is in fact compuLaioi v
under lie Constitution. When the Exe
cutive received the hill, he well knew
that the hue Congiesx wm Id reuse to ex
's',a* such, on (fie 3d of M >icli,and there
fore it was his duty m have returned it to
tho House in which it originated befoie
hat period, with the objections iu v*j it
ing. 'l'liis view of die subject is siieng
honed bvtlic fact that lie cannot action it
to Ihe next C*otgiess, in consequence of
its being a different one (fin that ‘in
which it niiginaled,” and dial dierefuio
the President, and not “Cong'ess by
their adjournment.'* pteveuled die bill
being returned. . .
It is plain from die whole reading < f
the Cmo-itu ion, the framers of that in
strument intended that all bills not te
turned to the C 1 tigress in wl ich they or
igina.ed unless such return should be pro
ven ed by their »mn act , should l ee. e o
Ihe law of ihe land. Tney intended that
the F.xeriitive’s vei-« should n•.t lie ■ fatty
nnnV,unless so returned and sane timed btf
a vote of more than one th ird. The que.s
tou then arises, who pi evented the telnra
of the bill in- question. Did “C' ltgtess
by tln*it adjournment ptevent its tetum?”
—if so, the Cnnsdloiiiiii says it shaft- e. t
be a I;, w 15- (w c cmiinoii that they did
not , and that the JZn cutinr I. vowing Con
gress must adj.mru <oi ihe 3d March, fire
vented its return to them, anil consequent.
Iv, that it is as much dm law of the lai d
as\if Ito hid reniinud it in Ids possession
ten days during their Session,
Tbc Election for Representatives in
Congress took place in the State of New
Hami'Simke on Ttie-day last The fol
lowing gentlemen wei e undoubtedly elm
sen, as tiie e was no opposition ticket, viz ;
Henry Hubbard and /"sepeh M. H e per,
of tho last Congress, and Bennieg M. Bean
Ftanklin Pietce, aud Robert Burns new
members, in the place of John Brodticad ,
Thomas Chandler, Joseph Hammons, and
John IF. Weeks. This Satatc loses one
member under llie now ratio of represen
tation.
LNl’emi’euance amp Death.r-Yester
day a singular, ard in its termination, fa
tal incident occurred in this city. An U.
States soldier belonging to the garrison
at this post was led into a shop in a sla e
<>f intoxication, bv a comrade. - The mail
who led him in, wishing to go away nnri
being anxious to screen the one intoxica
ted from the observation of any officer
who might pass that way, asked permis
sien of a lad in the stoic to pul him into
a Corn bin which closed with a lid. lie
was ihrußl into this strange hiking place
and remained them for about half an
hour, when the cloik returned to the shop,
and being informed of the circumstance
lifted up the lid of the bin to have him
taken out. What was his surprise ou
finding that the man displayed no syrnp-.
totns of lifej Medical aid was imme
diately procured, but it was too late, the
vivifying principle’ had fled forever.—
Georgian
MARRIED,
On ilia 23d inst. by the Rev. S. K-
Talmagc, Mr. Samuel Ryan, of New-
York, to Mrs. Unity Parker, of th'rs
place.