Newspaper Page Text
SOUTHERN
RECORDER.
VOL. II.
MILLEDGEVILLE, TUESDAY,- MAY 8, 1821.
No. 13.
published weekly,
(0!» TUESDAYS)
HY S. GiM.VTLAVD If R- .V. ORME,
at three dollars? in ad\ a.nce, or roc R
DOLLARS AT TU£ EXPIRATION Or THE
TEAR*
ITT Advertisements conspicuously inserted at
the customary rate*-
DOCUMENTS
Accompanying the Governor's Communicati
on to the Legislature.
Georgia, and commence it as soon as prac
ticable. ^ on will be apprised in due Reason
of tin* time and place lie shall fix upon for
that purpose.
I have the honor to lie. vour obedient ser
vant,
(Signed) J. r. CALHOUN.
His Excellency John Clafk,
Milledgovfile, Geo.
Copy of a letter from the Hon. John C. Cal
houn, to Governor Clark, dated,
Dr.P4RTMr.sr or War, 13th April, 1821
Sir—You were informed by my letter of
the 19th March, that General Preston, late
Governor of Virginia, had been appointed a
commissioner,by the President, to adjust the
claims of the citizens of Georgia under the
Creek Treaty, k that lie would proceed to
your state at an early period, in order to the
performance of his duties. I hive now toin-
Governor Clurk to the Hon. John C. Calhoun,
Secretary of War, da'ed,
Executive Df.partmf.st, Georgn, ^
MilltdgtriUe, Wh February, 1821. ^
Sir—So soon as the ratification of tlie
^Treaty lately concluded by the United States
commissioners with the Creek Indians is
made known to the Executive of this state, I form you, that he will commence the perform-
Yt nnty be deemed expedient to convene the ancc Of his duties on the 2d of July next, at
.Legislature for the purpose of disposing ol j Athens, in Georgia, where he will continue
the lands thereby acquired for tile slate, and until they arocompleted. I enclose for your
of extending the operation of our laws over information, and through ym to be made
the persons who are in great numbers alrea- public, for the guidance of the claimants, an
<|y settling on those lands. And that these j extract of the instructions to Gen. Preston,
oojects may bo attained with the greater fit-j which contains the rules and regulations
r.ility, I would at this early period respectful-j which the President has prescribed umb
|y suggest to the President the necessity of
having the line run as contemplated by the
Treaty from the head of the western branch
of the Flint river to the Chntahoochee, so
soon as the Treaty is ratified.
It is presumed, that it will not be deemed
improper for a commissioner on the part of
the state to accompany such ns may be ap
pointed by tin: Pruidwt to run the line.
In regard to tin* claims against the Indi
ans for property taken and destroyed prior
to the passage of the Intercourse law of (
1802. it is considered proper to remark that!
the treaty, for the adjustment of the claims.
The reasons for the rules and regulations,
are so fully explained in the extract, ns to
supercede, at present, the necessity of fur
ther explanation.
The President reserves the question, whe
ther interest ought to he allowed, until the
final report of the commissioner who, in or
der that there should he no difficulty in the
event of its allowance, Ins been directed to
note particularly the date of the commence
ment of the claims.
The depositions taken under the authori-
claims tv> a considerable amount over and a-1 ty of the state and deposited among its ar-
hove the two hundred and fifty thousand I cheves, to which you refer in your letter ofj
dollars, the payment of which sum is gua
ranteed by the Treaty from the General Go
vernment to the state of Georgia, have been
already liquidated and rendered in agreea
bly to the laws of this state. passed for that
purpose, and there are others prior to t *at
date winch haw not been presented tin? n r *'
the 8th February, though I hey cannot he
mitted to establish the claims, may afford
great aid to the commissioner, and 1 must
ask of you the favor to furnish every facility
to him in referring to them. I infer from
the correspondence of t ol. Hawkins, wink
A gent to the Greek Indians, that the State
wit 1 .! th^e a I read v liquidated.! of Georgia
h its com-
the whole of which claims, by the agreement
between the commissioners on the part of
till! *tat<! and tho Indians, arp to !m de idl'd
upon under thn directions of the President
Whether he ivill consider the claims thus li-
ouidated under the authority of the state,
sufficiently valid without further examinati
on, or whether he still appoint some person
here for the purpose of examining and pas
sing upon them, I pretend not to judge.-—
Certain it is, however, that under any equi
table course that may he adopted for their
adjustment, they will be found to amount to
m considerable sum more than two hundred
and fifty thousand dollars, so that the United
States will have this sum to par. In sup
port of this opinion, the Indians have taken
a release from the State Commissioners for
the claims, and credited the United States
for the two hundred and fifty thousand dol
lars, thereby virtually acknowledging the
justness of the claims as rendered. Suppos
ing no claim should he established against
the Indians, they would not calculate on re
ceiving the two hundred and fifty thousand
dollars or anv part of it, them bring no pro
vision made-by the Treaty for their doing
so. It is proper further to remark, that this
sum was considered by the contracting par-
tios in full payment of the aforesaid claims,
when it was known they amounted to a
much larger sum, exclusive of interest, in-
creaseaud use of negro property, which must
be considerable. .
I herewith transmit copies of the agree-
mentand release referred to, which, together
with this letter you will please to present, to
the President. . ..
Whilst I have the honor to be, Sir, w.tli
,MPeC (Cedf t “""‘jOHS CLARK,
lion. John C. Calhoun, Sec’y of War.
The Mon. John C. Calhoun, Secretary of War,
to Governor Clark, dated,
Dfsartmcst or War, 9th March, 1821
Sir—I received your letter ol thn 8th ult.
oml would have answeved It much sooner,
hut the Creek Treaty was not ratified by the
Senate until near the last of the session.
Mr. Lumpkin will he immediately ap
pointed the commissioner on the part of the
United Slates to run the line from the head
of Flint river to the Chatahoocheo river, and
to lay off the reservations made to the Creek
Nation in the manner specified in the 1st, .d
and 8d articles of the Treaty, and instructed
to enter upon his duties as soon as practica-
Ll, There is no objection to a commi.si-
oner on the part of the State of Georg.u, «c
_ , nv toihim while running the line.
C °?K«St of vour letter which relates to
the provision
the Treaty for the claims
cUiaens of Georgia, will he answered as soon
as the President has decided upon it.
1 have the honor to he, your obedient ser-
van '’ (Si( .„cd) J. C. CALHOUN.
His Excellency John Clark, be.
missioned, thq restoration oi tne properly
stipulated to be surrendered by thn treaties
of New-York ami Coleraui ; if such is tin*
fact, it is probable that the instruction to
thrni and their report ami correspondence,
will throw much light on the class of claims
provided for by those treaties, and should
such he tlu* case, I must request you to fur
nish him with copies of the same.
I have the honor to be, your obedient ser
vant,
^ (Signed) J. C. CALHOUN.
His Excellency John Clark,
Milledgcville, Geo.
Extract from the Instruct!- ns of the Depart
ment of War to James P. Preston Esqr.Com
missioner, fee. dated 5th April, 1821.
1 inclose you for your guidance in the dis
charge of your duties, a copy of the late trea
ty with the Creek Indians, duly certified,
with .a copy of the agreement between the
Commissioners of Georgia and the. Chiefs
of the Creek nation, and the relinquishment
by the former of the claims of the citizens
of Georgia against the said nation.
By reference to the Treaty and tin* agree
ment between the commissioners of Georgia
and the Chiefs of the Creek Nation, you will
perceive that the claims which are. to he. the
object ofyour decision, are those of the ci-
izeu* of Gtonrid against the t reek \afion.
tizem of Georgia against
and that they arc to he decided under s .rh
rules, regulations aiu restrictions,as the Pre
sident shall prescribe.
In the discharge of your duty, the first
point which will claim your attention is,
what are the description of claims which, on
a fair and just construction, arc co iiprehend-
cd in the provisions of the treaty : to deter
mine which, satisfactorily, it will be proper
to consider, in the fnst place, what are the
descrip;, m of claims, which, under such a
construction, are clearly not comprehended
in its provisions.
Of ihediscriptidb of excluded claims, you
will consider the following classes.
1st. All claims originating in contract or
agreement between individuals of the Slate
of Georgia and of the. Greek Nation, unless
assumed by the latter previous to I lie signa
ture of the treaty, in full council according
to their usage in such cases.
The propriety of excluding this civs must,
i a little reflection, he quite obvious. The
treaty provides for claims against the nation
and not for claim? against indvidu.ils he*
■rh. H«n. John r. Calhoun. Secretary of War
(o Governor Clark, dated,
P'rtnrMv.r or W*n, 19th March, 18-'
e.. Airceahlv to the intimation coiilmn-
mv letter to you of til. 9th inst. I now
aoswvMInt part of your, of the
thuhinm, "hid. 10 ‘. he l ,r ?‘r 0n v’
clerk TnMty fur the claims of the citi-
^h^Pr^ident Joes not consoler himself
authorized to inak. the arrange mi ot which
von nroPOM with respect to these claims, or
lo l.ayanv part of them, until the whole «-
JJ .hall have been ascertained, m the
manner directed by the 4th art.* ol’the
Treaty, »"d the agreement entered mto be
tween' the eomnii-vionen of beoijia and the
t’reek Nation, therein referred to. Ill lias
in romldianca with the >»>»*» of lhe l wr,rc *
concerned, as expressed in that agreement,
determined that the. liquidation and settle
ment of the claim, .hall he .nad. m Ueor
accordi'ozly appointed, commissioner, won
foil nower and Authority to performi this du-
•ty, aiiXiastructeil to repair to th* State of
ml (Jell. Preston of Virginia has been
lunRuiR to it. A eontract or agreement iin-
iess assumed in the manner specified, is a
claim against an individual only, ami conse
quently not provided for by the treaty.
-2i d. All rl.iims against the Seminole In
dians.—The Seminole Indians rcsidinc in
Florida, though connected in some degree
with the Creek Indians, do nolronstitnte a
part of their nation. Tlnv have nr\nr been
cou*nlercd a. such hy thr l uited States.—
We have been at war with the Seminole*
without being at war at the time with
the Creeks and with the latter without I*-
ii.g with the former. In the various trea
ties which we have held with the Creeks,
including the present, they have not been
represented. Being •distinct people, claims
against them, liowevi r originating, are not
omprehendrd in the treaty.
3d. All claims originating subsequent t"
the :50th Match luoJ.thrdatcoftheappro
val of the act regulating trade and inter
nurse with the Indians, and to which the
treaty refers.
The treaty itsclfhaving fix' d on tins pc-
aton for the exclusion of Ibis
rind, the
cla*s, requires no observation.
till. All claims originating in the d. prrda
(hois committed in a period of hostilities, or
pres ion. thereto, if not provided for in the
treaty which followed sort* hostilities
Tile exclusion oftliis rl.,ss rests on a prin
ciple perfectly well established between, i
lilized nations, and is believed to lie equally
applicable to Indian treaties. In its applira
tina in Ihis ease, it w ill exclude all claims
originating previous to the treaty wilhlhc
Creek Nation made at New-Vork the Tth
August, 171)0, (of which I enclose a copy) ex
cept for the Slaves provided to he given up
by the 3d article of said treaty ; and those
originating subsequent to tin* date thereof,
and previous to the 2RtJi June, 1798, the
date of the treaty at Colriuin (a copy D en
closed) except fur the property provided to
be given up in the Tth article.
5th. Claims provided for hy the 2d arti-
de of the treaty of F#rt Wilkinson (a copy
of which is enclosed) concluded 1 Gth June,
1802.
The 2d article of the treaty provides for
that description of claims (originating subse
quent to the treaty nfColerain) which the
act regulating trade anil intercourse with the
Indians, to which reference lias been already
made, had provided for, and stipulated 5000
dollars for the payment of the same. That
you may be able to ascertain the extent of
this class of cl tims, I enclose you a copy of
the said art, fo the 1 ifh Section of which l
would particularly invite your attention.
It is believed that there cannot be much
doubt or hardship in excluding this classs of
claims, for besides the question, whether the
operation of the 2d artiele of the Treaty
does not wholly release the Creek Nation
from the claims for which it provides, and
the presumption that they must have been
long since paid ; if there be any which are
not yet paid, the provision of the Treaty for
this purpose is still in force, and the sum pro
filed for the payment, which is still unex
hausted, will prevent any injury from result
ing to individn ds who may hold such claims.
This construction will in fact operate to the
benefit of the citizens of Georgia, w ho may
have claims against the Creek Nation, n> it
nlarges the fond out of which they are to
he paid, by adding w hat may remain of the
5000 dollars stipulated for that purpose by
the Treaty of Fort Wilkin-on to the 250,000
dollars stipulated in tile late Treaty for the
same purpose.
fill). Claims originating in acts prohibited
by the laws. It is believed tiiat the propri-
ty of excluding this elasa of claims will not
require any observation. It niil he, hovvev-
r, proper to remark that the nature of tile
laims against the Creek Nation prior to lh
the same time furnish great facility in pas
-ing those that ai t fraudulent ; and if the
former consideration calls for liberality, the
latter equally demands vigilance, in examin
ing the proof by which the claims are at
tempted to be substantiated. In this diffi
culty much must be left to vour sound dis
cretion. The oath of the claimant to he tak
en before the Justice of the Inferior court or
Court of Ordinary will, in all cases, he re
quired, in which he will state the time, place
and circumstances under w hich the claim o-
riginated, in a manner so specific as to ena
ble you to determine, whether it may he
embraced in either of the several classes
which have been stated to he excluded, or
comprehended in the Treaty. He will also
stale in his oath the value of the property ni
tiie time at which the claim originated, and
will state that the property has never been
returned, or satisfaction received, or reprisal
made for the whole or part ; if such bliould
he the fact, or if partially received onnade, to
w hat extent. In case of the death of the o-
riginal claimant, or where the person claim
ing is not personally acquainted w.tli the
facts, tile oath will bt to the best of his
know ledge ami belief; aud in all cases the
court before w hom it may betaken, will cer
tify the degree of credibility to which lie
may be entitled. The oath of the claimant,
asto the fact, constituting 111** claims must be
up ported by .it least one disinterested wit
ness, whose oath must he taken in the same
manner as the claimant's, and whose credi
bility must be certified l») the u.iirt. In
thi < class of claims originating in the .t -sump
tion of the nation, should fhaf assumption In
of recent d tie, or being of long standing, if
not made with tile knowledge or assent of
tile Agent, it will constitute a stro.ig pre
sumption against its fairness, tfc will require
the strongest & inostuneque oionable proof t**
sustain it: and even with this precaution, if
the assumption has been recent, the. cause of
the delay ought to be satisfactorily explain-
d, or if it lias been made long -iuce, tin*
cause of the delay of payment ought in that
asc to l>e explained. The nature of the
proof in the case of absconded sla
ver, enlarge yourauthority. The plundering | reading the ultimatum of the Congress of
depredations of these Indians hap|ieued at a Lay bach, lie was interrupted by reiterated
period long since past, and indemnity lias cries of “ War ! War! War! from ail parte
been guaranteed by the several treaties which of the assembly. I have not seen a copy of
have lieen negotiated from that lime to the Hhe ultimatum, but lecqm that the following
ouelusion of the Treat: a of Ncw-Yorl: :*nd ' Mr *yed horse* or rattle, has been indicated
Colerain, being determined by those Trea- | in the example, which lias been given, as to;
ties, the effect ot tins exclusion mil only it-aili | tie ..i.nn •. of a .fi.i.igthf amount in »•»
of tb 't d- -notion of rl.iims. I will,|
“ofl;
present, and which may b« referred to in the
Digest of the laws of the slate which are fur
nished. A bare return of the original arti-
cb* of property taken, could not be. consider
ed ns satisfactory. Anv tiling less than the
property itself, and its increase (if it consist
ed of negroes), and a reasonable estimate of
its annual Cable, would fall short of justice.
This rule may in its application, be ex
tended, so as to embrace most of the claims
which vvill coroe before you. Any extraor
dinary case, will become the object of your
sound discretion. W hen an equivalent is
stipulated in money, the amount will In* best
secured by drafts upon tile annuities of the
Indians, or by provision in the Treaty, which
it is hoped w ill be obtained, ceding territory
to the United States, for the use of Georgia.
In re) dioi) |»> this part of your duties, the
Executive might have forborne to make
anv observations, relying as lie dues, with
full confidence, upon your discretion, pru
dence, and fidelity. These no doubt vvill be
found in full exercise for the furtherance of
the public sen ice.
You will loaru from flic resolution, which
is furnished yen. that it contc mplates in your
behalf, a further and more important audio-
rity to treat fur the cession of territory for
the use of Georgia, t pen your arrival at
♦he Treaty ground, you vvill be met hv Gen.
Da* id Meriwether and Maj. Daniel .\i. For
ney. net mg under \ eo umission from the
Presid'oit of the United Stales to treat for
territory. Deriving their authoiity a« |ln*y
do, they alone are empowered to conclude iw
“ign a treaty. Ii\ the instructions under
which they act however, ami by the additi
onal communications of the Secretary of
Stale of the United States, which are fur
•fished you, you vvill discover that in all res
pects, except the eeieinony of “ omcl idiog
and -i;:ui g,” you have powers U authority
co-ordinate with thn?e of the commi-eion
"s of lh** United States. In the Imhmicsh of
negotiation then, and in all prelimin tiv ar-
r mgements, tiiere will tie » freedom ol in-
fermurse nn unreserved interclimure of
are the principal points contained in it :
“1. That tlie Neapolitans shall abandon
the Spanish constitution, and adopt that ot
the British nation, with some coi rections and
modifications suitable to Naples.
“ i. That during the period while this re
organization shall bd*tfleeting, and lor six
years afterwards, the capital of the kii'^dom
of the Tan Bicifles, and all the fortresses,
shall he occupied by Austrian gari risons.
“ 3. On these conditions a geiieral amnes
ty will be accorded. And
M The pay and subsistence of the Aus
trian troops will not he at the charge of the
Neapolitan Nation.”
“ The circulation of the terms of the ulti
matum in Naples produced the highest de
gree of excitement in the public mind. E-
very man is ready to die in deieiice of fii«
liberii<*a of the country. The military dis
positions are proeeeUmg wi>h the gieatest
activity. Gen. (tuglielmo l‘» pe cominandtt
in the Abruzzi; An ovito, in han Gertnano ;
Carascosa and Anibrocio are mareliiug on
Rome, where they are expected to arrive
mi the Ibtli. Ffiaiigieft, w ill r< main in Na
ples with tin* reserve. The Prince Vicar
General will be at llidt point where Ins pre*
sence sh ill be found most CFsenti.il.
“ Begun eomnnnd> at Gaeta. The re
gular tioopH .it Napes an oiint to 60,000
infantry and 20,000 eavairy, w itli a good sup
ply of ar> tilery . Tin* militia are estimated
to amount to I On,000 men. Fmaiiy, great
reliance D pi .red on the public spirit and
known nniiagi iff the Neapolitan i zms
and peasants, in the event of its being font d
t rosary to nave iceouiae to the system of
Gucrilas.”
“ ItoMf. Feb. 1C.
“Intelligence has been received tli.t a
ctirps of ibe Neapolitans, 20.000 strong, have
advanced to V lietri. and that they meditate
tin* occupation of the strong posts in the
neighborhood oftliis city.”
Mi lav, Feb. 20.
A divisyin of the Austrian army entered
the province of Kerraia on the 7th. and
tlie latter, and prev ious to the passage of the
intercourse act, that is, between tlie 16th
June 1706 mid ftOth March 1802. Diriug
this period of time, the only acts ofUon-
gress in force relating to our intercou’se
with the Indians were those of the loth M sy
179Cand.0d March 1799, both of which con
tained provisions almost exactly tlie sn;nc,
as the act of 30th March 1802, of which I
have enclosed a co »v. In tlie marzin of surrenderor make satinf-iclinn.
that copy you xriH sec the v .iriations ot th.*ia
noted ; by reference to winch, you will rca*
lily perceive what acts were prohibited in
•*:l ition to tlie Indians, during the period un-
ier coiisideration, and consequently were
such as could give rise to no just claims a-
gainst the Creek Nation.
By referring to these several classes of
claims which are not included in the provisi
ons of the Treatv, it will appear that the de
scription of claims provided hr may be
comprised under the following clases.
1st. Claims for negroes belougmg to the
citizens of Georgia, w ho were prisoner* a-
mong the Creeks at the date of the Treaty
of New--York, and who were to he delivered
up under the said Treaty,but have not been
surrendered or satisfaction made for the
same—see dd article of the Treaty.
2d. Claims for negroes and other proper
ty taken subsequent to the Treaty of N* vv-
York, rind in ptH-uskti'Mi of the Creek Nati
on at the date ol the Tn-aty of Colmin, and
not deliven d lip, or for which satisfaction
has not been made.—bee Tth article of the
Treaty.
I. All cl linn again ;t the Creek Nation
originating snh^eq n*nt to the date of the
last Treaty, and previous to the passage o|
the act regiiDtiog trade and intercourse with
tlu* Indians, vi/.: between the 29tll June
1790 and :10th March 1602, net faffing wit li
the vlt u riptiou of«I »iins prov ided for by
the 2d article of the f J'reaty of Fort Wilkin
■on, or any other of the en imerate<l < .'assure
of (Dims which creuot provided lor by the
Treaty. If is tn-lieved, that the greater por
tion of tlie claims for this period vvill !»*•
found to originate in the absconding of slaves,
or straying away of cattle nr hordes from the
owners into tin* Creek Nation.
4th. ( l.iiim of the < i.izens of Georgia of
.1 private nature originally, but wh.* h t*av,.
been assumed hv the Creek Nation previous
to the date of tin* J ate Treaty,
When a c!. # imis adinittei), you vvill deter
mine its amount by tin* value of the proper
ty, at the time at which the light accrued to
tin* claimant against tin* Creek Nation,
which time you will particularly note —
Thus the amount of the claim* tor negroes
or other property, to be surrendered under
the Treaties of New-York and Colerain* will
be determined bv the valve of the property
at the time at which it ought fo have been sur-
rtndertd. In the same manner, the amount
of claims originating b**tvv»*nn i he 29th June
1796 and .20th March 1802, w ill he determin
ed bvtlie value of the properly at tin time
at which the claims originated against the
Creek ,Yation. Take, for example the case
of an ab.scondit.g slave, or a horse straying
into the Creek Nation. Neither of these
U of themselves constitute a claim against
however, s<iarnr*rify t *tat<* that the proof
which ought i*\ >•• cases to be furnished.
1 Ft. proof of ovv ie: .unp; 2d. of the loss or ab
sconding ; .til, of being found in possession of
an Indian of the Creek Nation; 4th, of the
usual demand in such eases; 5th, of refusal
to surrender ; 6tli, of application to the nati
on through the government or Agent, and
fiis.il or neglect of tlie nation to cause the
After what ftaS been said, it is believed
that you will bo at no loss a? to the points
w bich ought to be proved in such description
of claims; always noting that tin* claimant
must have been a citizen of Georgia at the
time the. chbn accrued.
It is probable that the evidence which has
been from time to time taken to establish
the elairflA. and which has been depn-situd in
the un-hives of the ***tatc, may, tho it cannot
be admitted to establish them, furnish you
with useful information in testing the proof
whit !i may ho adduced for that purpose ; 4c
in order that it may be open to you, 1 have
writt. n to tne Governor, requesting him to
furnish you with ull the aids to be derived
from tin* archives of the State. The records
I"-re will probably forni* h much light, par
ticularly as to the most 'important claims,
and in order that you may be put in pusses*
von of it, you will weekly furnish a summary
of such claims as you have examined, giving
the name of the claimant, the nature of the
claim, the time of its origin, with such re
marks as you may think will expedite the
iiivcntig ition here; such as the correspon
dence w liieh may appear to have taken place
w il}> the Agent, &c.
As soon as you can determine the time
which will be required for the performance of
vour duty, you will fix on h period for your
final adjournment, of wliit^i due notice will
be given to Ibe citizens of tlie state, through
the Governor. You will then close jo'ii
proceedings, duly certifying jour record
and decisions, and tinu-unit them, with the
documents and proof adduced in favor of
the claims, cijfnpfelieuding both llio-e ilia!
mav be admitted or rejected, class* d under
their proper beads, to this Department, in
order that i he j may belaid before the Pre
sident for hi* approval.
Exrrrrrvr DrpuiiMrsT, Gr.oaou,)
MiilrHgenlle, is lh ttcrun'nr, 1h2v>. £
To (Jens. John Mctnturh, iMnd,1du;n» and Da
niel \tirnan.
Gentlemen—Having by tlie authority
of a concurred and approved resolution, pas
sed on the 1.1th day of Dec. Dill', appoint
cd you commissioners on the part of the
State of Georgia, to proceed under tin* di
rer lions of tlu- President of the Unit* d M lies
to the (’reek Nation of Indian*, for tin* pur
pose of demanding **ati-»f.o lion of ail claims
in behalf of our citizens; it D considered
proper that you be furnished wilh the fol
lowing instructions, to vv it:
For the purpose of effecting the objects of
your appointment, you will attend at the In
dian Springs. in tin* Greek Nation, oil the
20(It- day of this Dint. (December). The
claims of which you are to endeavor to iic-
1 gotiate an adjustment, are set forth in a
the nation. In order to this, the owner Schedule taken Iroru returns made to tin
must have regularly reclaimed his property
from tile indiv filmd into wIiom* pnx*c>don it
came, and failing to obtain it, must have
made hi* demand through tin* Agent, or go
vernment, on the nation for ledress.. On
the refusal or neglect of the nation to give
redri**s, his claim commenced against it;
and consequently, it i« at that time the value
of the properly ought to he determined.
Ul.fiitn founded on tin* assumption of the
nation will fie determined hy such assump
tion as to their amount and commencement.
It remains to give you ■nine instruction
as to the proof by which the claims ought
to he sustained, and the mode of your pro
ceeding.
Tbe claim*, being of a long standing, wilt
require in the proof and investigation much
Comptroller General’* Department under
the law heretofore pa-.,« d upon th.it subject,
which you will find in Clayton’s Digest
herewith handed. This Schedule,and oth
er documents ii support of claims .vi* now
furnished you. But it is to l»e understood,
that you are not confined to those alone
tthould the claim of any other citizen be pre
sented to you to tin* course of yourddibeia
lions. Tlie resolution of Ilia Legislature
under which you are iypointed, requires
that you insist upon a restoration of all pro
perty now in the hnnds of the Ind ans be
longing to the i idzen- of Georgia, and upon
so pq Ivah-ut for all property takan by *aid
Indians from Georgians, which cannot now
he found or identified. A strict coustrueti*
oftbis article, would confine your powr-
caution. Il'the iuiRtli nl tbe lim«! nillinakelers within wry narrow limit,. ’I lie prin
it difficult to tsUlMi just claims, it will at [ < i['!c a!id spirit of your mission, will huirr-
iciv, Httd s.-ntirnnit**, at ill in setiv. co-.tpo- | marrlu-d in I hire columns to tioli IRIIH. nlicre
ration of the whole, ** in promoting to tly
extent of your powers, the interest N. views
of tlu* state.” lu aid of your efforts in this
regard, reference may he bad to an act of
(Nmgrcss which accompanies your instructi
ons. passed on the SOtli of March 1802.
It is not considen d necessary that tlie Ex
ecutive should go further into detail, nr be
more minute in spc» ifle instructions. Tin*
commissioners are well aware of the withes
nod expectation*; of the state of Georgia,
and will no doubt, with ability and persever
anre, pursue such measures as vvill fie cal
culated to produce the inuMsati-ffarto y and
beneficial results. The claims of our citi
zens ara just, and of long standing, and are
to hi* enforced with that firmness and deter
mination which their importance merits.—
To further forbearance, tiro Indians have no
rl.vi.n, and if the mild means of negotiation
fail, it may be ultimately necessary to resort to
measures more efficient. As the Executive
and a citizen of the state, I should trope that
these l ights would never be abandoned.—
The commissioners vvill consider it their du
ty to negotiate in terms which are plain and
deceive, manifesting a positive determinati
on that these demands are riot f i be evaded
You will receive herewith, copies and ex
tracts of letters in addition to those hereto
fore furnished, vvliirdi have relation to the ob
jects of your mission.
I uni with n ■*pcct, your obedient *n*rv’t,
(Signed) JOHN CLAIIK.
P. S. In tin* pamphlet herewith banded,
you will find '.lie resolution authorising your
appointment.
VWYlfcUi.W
they were quartered in lilt* Uiliereni«
the inhabitants refusing to receive tlu ni in
i'* tin ir homes. Another div i sion filed thro*
Homagmi, by thr* way of Comacchio. The
corps, consisting of 10,000 troops, was at
IVsaro on the Nth, and calculated on tak*
ing up quaiUris at Ancona on the 10th.—
Of that section of the Austrian army which
entered Bologna, tbe greater part took the
road to Tuscany, and the smaller that of
Imola, leaving behind 2000 men in Bologna,
who, however, took no port in the ||uly of
the plan , which was performed as usual by
the pontifical troops.
I*. S. It is ascertained that the columa
which matched from Bologna by tbe road
of Tuscany, Ins arrived at Hadicofaui, u
place between Florence and Rome.
Florence Feb. 13.
On tin*, evening of tbe 11th inst. the ud-
vanetd guard of ibe Austrian troops passing
through Tuscany entered tiii# capital. Yes
terday at 3 o’clock in the afternoon, the en
tire column arrived. It is composed of the*.
infantry regiments of the Giand Master of
the Teutonic Order, of the Prince de Wi* d,
Caste ler and Giul.ty, and of the rt giments of
cavalry Riesch, dragoons Prince Ferdinaudj
hussars, with two batteries of artillery.
This column amounts altogether to 8,000
men, of whom 2,ooo are cavalry. We ex
pect successively the arrival here of five or
six other columns of equal force.
The first column marched this day for
Sienna.
Another Austrian army is inarching by
Romagna and the munches oft rhino and
Ancona.
New-York. April 18.
LATEST FROM EL Ml* K.
The March packet ship Juans .Monrot,
captain Rogers, arrived ycstciduy I’mui E»
verpool, wh eli place she left on the -d ot
tin month, and lias fumy*lied us with Lon
don papers to the last of February.
The Declaration of the Ain* d Sovereigns
against Naples has been published. It con
tains a hittory »>l tin* Neapolitan Revolution,
which i*altogether uicrdud to tin* iniln* nee
of tin* Carbonari. In aiiudm e to the co-ooe-
r,lions of tilt*-different powers, ilsl.ilcs, trial
pariicular n l .riuns and motives had Hinder
ed the British government from pm taking
in ttie harsher resolutions of tin* other
courts, ami adinitt* d (lie accession ol the
French Court only, under certain conditi
ons—the monarch* oi Russia and Prussia
were perfectly agreed with the Auslli.ro
Emperor, on the question in delude. The
Declaration add*, that orders me given lot
tin* army to t rims the Po.
Tlu* Austrian government lias published
a similar declaration.
The Rapai guv eminent has reinforced the
troops in the Ca-tle u( St. Angelo, cv seems
to b ar the immediate occupation of Rome
hy the Neapolitan army.
’ It is stated that the British squadron i*?or
dered to proceed from Naples to Messina,
audit is intimated that the Sicilians propose
to place tncmselve* under the protection ol
England. A call in the House of Commons
lor the recent com spomb'i ce relative to the
affairs of Naples, was resitted by Lord Cm-
iteie.igh, and tlu* motion was in galived.
* INVASION OF NAPLES.
Cyan extraordinary courier which left
Napb’s mi the llth in*>t. letters have been
n c* ivi d tin m e ami from other cities on the
route, W inch eoulaiil tbe uu» t recent intelli
gence r? lalive to the invasion of Naples.—
The courier was innch retarded on liisjoiir*
ney by tin* difficulty of procuring horses,
caused by the advance of the Austrian army.
We subjoin extracts from the l« tiers.
Naples, February 11.
“ The Duke de Uailo arrived on tin* '.»th,
with the ultimatum of the Allied Sovereigns.
On the uutrid** of the city gate be entered
his private carriage, and proceeded immedi
ately to the PaiSiau ent, who according to
instructions previously given by him, vv* r«*
already r <scr»bl**d. Refer** h«* could finish
We lenrn from Naples that all the Eng
lish squadron now hi Naples i« about to as
semble in the harbor ol Mi ssina, ai d tiut af
ter tnis event a great change will take place
in tlit* flan* of Sit ily.
Accounts from Madrid to Feb. 13th, state
that tlie greatert tranquility prevailed.
Thehir’b-ilay of W asliington, wa» celebra
ted at the New-England (’oftee House ia
London, by a large party of America?) gen
tlemen.
It is said the Congress at Lay bath * is to
be transferred to a city in Uppei Italy.
Private letters reeeiv*d at London state
—“M. *1*' Chateaubriand, who is now the
French Minister at Berlin, w riles from that
city as follows:—‘ 4 I am n.iirb /Wanidted
at «he great number of factions in thin coun
try.”
“ it is quite certain that tbe Minister of
Spain it I ‘ans has presented to the Court of
the Thndleries verj J * ntrgetic notes on the
pa»t of Ins Government, relative to the af-
fmn ol Naples. The govuninient of Spain
loudly complaint that France appeaia lo fa
vor tin* designs of Austri.i on Naples, be-
eaute, in appearing to act in this manner,
France attacks the cause of Spain, whiclg
has the same constitution as the kingdom ol'
the Two Sicilic s. The-** notes are written
it is said, in a very menacing Yon#-, and tlui
French cabinet hav.* only made evasive dji-
Tlie King of Prussia remained at Rerlia
«m the lot li of February, but was about to
repair to Lay bach.
Liverpool* March's.
A number of cases of manufactured goods
consisting nfniu-lins and woolens, were for
warded from the country, to a shipping agent
liei-c, dc-tinrd^ for America. On shipping
i— » . <• •• >( | j
ihem on Monday last, it was discovered u?
the seariherson the quay, that all the pork,
ag.s bud been emptied of their contents, and
filled up with hay and Htraw. Immediate
information was given to the police officers,
but it has not, as yet, been discover* d how
or where this ingenious robbery was * fleeted..
The value of the property is about £, 1000.
Liverpool Market, March I.
Towards the clow* of last week, the dealers
in Cotton came forward with more confi
dence, shewing an inclination to buy freely
at th • prices at which the first purchases on
speculation had been made ; far of the hol
ders were now, however, disposd to sell,
unless at an advance of abput ~»
WI