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mloptlon lit* p-p«pntcd. In tine* time
w» shall refer to them as they were exhibited
in tlie then “ signs of the time'*.” Altltough
the great purlin* were formed anterior to
that time, yet we sh ill in but few instances
go farther Duck than the period of 1798. (7)
First in onior is the rule of constitutional
construction, hePnu*e it is one of the oldest.
It was n principal objection to the federal
constitution at the time of it* adoption by
the states, that it left too much to construc
tion, to inference, to implication. Patrick
Henry contended, that it formed a ‘’great
consolidated government,” and that it left no
Other power to tile states, than was sulti-
cient to take care of the poor repair k. make
highways—ereet bridges and so on, and so
on.”(8) In all parts of t he union it was objected
by the advocates of the sovereignty of the
state?, that it imposed too few restrictions
and limitations upon the general govern
ment, while in relation to the powers of (lie
states and the privileges of the people, it
spoke a language of “ ambiguity. (!l) The
excitement thus raised could nut be suppres
sed, lint hy the adoption of two amendments
■soon after the new government went into o-
perotion, declaring that “ the enumeration of
lights” in the federal constitution, ns given
to the general government, 11 should not tie
construed to deny or disparage those retain
ed hy the people,” and that “ the powers not
delegated to the United States, nor prohibi
ted to the states, were reserved to the states
or the people.” (10) Explicit as was this
tan "mage, it did not arrest the advocates of
Imwer, who seized upon certain general ex
pressions contained in the first clause of 8th
section and first article, (It) to declare that
ii^ belonged to the discretion of ihe national
legislature to pronounce upon the objects
which concern the “general welfare,” and
to appropriate the money of the union to
whatever concerns “the general interests of
learning, agriculture, manufactures or com
merce ;”(1S) and that “ whatever the public
good requires to be done, was necessary and
proper to be done, and that congress, in this
respect, was like the state legislatures.” (IS)
Vie would enlarge our quotations from fede
ral writings and speeches, but these having
bepn extracted from those of two of the
greatest men of the party, we shall now
quote no farther. Against this monstrous
i’laiin of federal power, what did the repub
licans object ? “That congress possesses no
power unless it be expressly given, or nrres-
nary In carry a given power into effect”—
“ tluit the power to perform any act by the
general government must be expressed, or
properly incident to an express power."—
That these incidental or implied powers
must have an “immediate and appropriate
relation to the specified power” without
which construction the United States would
have “ unlimited means of carrying into exe
cution limited powers," which would be pre
cisely the same thing as the “ exercise of un
limited powers." (14)
The first measures to which these doc
trines, thus asserted by one and denied by
the other party were applied, was the incor
poration of the Bank of the United States.
It was.said against it, that there was no pow
er expressly given in the constitution to char
ter a bank. This was admitted on the con
trary side ; but it. was said that congress had
power to impose and collect taxes, imposts,
kc. to provide for the general welfare and
common defence; that a hank was a very use
ful means of collecting and disbursing the
revenue, therefore it was necessary and pro
per “ to carry into effect a specified power,
more especially as it would otherwise pro
mote the “ general welfare.” In vain did
their adversaries urge that the power thus
exercised had no “immediate and appropri
ate relation to tile specified power,” inasmuch
as the public monies could he collected and
disbursed without a hank, and with little less
convenience: but that admitting its conveni
ence, that by no means made it “ necessary
and proper” within the meaning of the con
stitution ; and that if this broad and un
bounded rule of construction should be once
adopted, human foresight could not prophe
cy when or where it would terminate, but in
a consolidation of the government, which
would be only “ a transformation of the re
publican system of the United States into a
monarchy.” (15) These arguments were of
no avail—The measure was carried against
a weight of character, talent and argument,
seldom equalled. (16) It was strictly a fede
ral measure upon the federal rule of con
struction. How have the. republicans who
then opposed, subsequently acted concern-
in., it. They have now held the reins of au
thority for twenty years. During the admi
nistration of Mr. Jefferson, the subject was
not revived. Earl/ in that of Mr. Madison,
the charter expired, and it was again intro
duced upon the floor of congress, ana by
whom ? By a republican ! (17)
It was however resisteu suceessFuily «u
f, r at. The rule of strict construction prevail-
cd. This was well. The principles of 180!
hiul not been forgotten. But can it be be-
liaved that within six or eight years thereat-
■«er, when the country had passed through
another war, which threatened its dissolu
tion, without the. aid of this institution, and
was again blessed with peace, plenty and an
overflowing treasury, it should again be re
vived under the same, administration, wljosc
ehier, in days past had been its bitterest op
ponent, Si bn fostered and defended by those
very persons who had defeated it by an ir
resistible torrent of eloauence ami argument,
and passed into a law! (18) Incredible as .
may seem, it is yet most true. '\ hat had
boon foretold of old, immediately happened.
The floodgates of contractive and implied
powers were hoisted, and a train of measures
lias followed in quick succession, (the protia-
bility of whose adoption daily increases)
which has overleaped all constitutional bar
riers and prostrated all limitations ol power.
Thenceforward, as in .Mr. Adams adminis
tration, the constitution presented no impe
diments, and all arguments drawn from its
provisions became the theme of ridicule, or
proof of an over-nice, conscience. \\ e lion -
,. V er return to the course winch we have pre
scribed to ourselves.—[To be conUnued.\
NaTf.s.
.fflssasas:*
8 'rsi “ A fair comparison of the political Joe-
IhoT which n rffi"‘ iKk our rno-
U,e Jc^”' * l ”;V«rhTv"ewer.sT n rea,o,,ahle
important duty^ The mObm'^Jeignty of the
to I lie one,mr j. ' mp8n , n similar reetir
“ Construction Construed
of tl.« nvo! ition,” fays hr—« there * rP t’.ie hey!
of cnr'‘ ur.!wn, and the locks ol libertv. The
questim to lie considered i«. whether oiir revo
lution I>i< designed to establish thu freedom
both n( religion and property, or only of the
former.
(til \V» hope pot to be misunderstood by
(bis i’tp's»*toir. Wo do not allude to those in
the cv.rtlivr department alone. We have an
ec|ual tlhslon tu those in the tcgislaure and ju-1
airiary. VVe are disposed therefore, to suy,
Buck*. iave at you all."
(7) lit* render is referred to Wirt's Life of
Fulrick H'nry tor n Hear and correct analysis
of the poiM* upon which these two parties w err
divided. IVe think it the best we have met
with.. .ruc;o Marshall in his life of Washington,
ii, quite tn costive in relation to federal doc
trines and 'heir tendency, nnd too much dispo
sed to attempt their support by tho dictions of
his hero, win whs ns good a republican ns his
long habits of com maud and dirtation at the head
of nil army, would permit him to be. We are
not sure Imt that it is impossible for such a r.lia-
racterproperly Jo understand the principles of
liberty. J hey cannot conceive that there is'n-
ny differencsiij military and civil government.
I hey are ton opt to wish to force the implicit
obedience in practice in the former, into the lat-
Hence, ;reat general? are almost always
grant tyrants. The exceptions are rare, and
general Washington formed one of them —
America has known but one Washington who
regarded the him.
(8) W in’s Lib bf Henry, 200. Even Henry
did not conceive that the federal government
woalJ usurp a pnarer over the internal improve
ments of the country—ycl so it is.
(9) Patrick Henry.
(Hi) See !• and 111 amendments of fed. con.
(I I) See the clause quoted, and ulsothe pre
amble to the constitution.
(12) I'lli* was the language of Alexander Ha
milton in his report to contress of the 6th Itec.
1791.
(13) Mr. Pickering's speech on the bank bill
in 1310—Mr. Lloyd nnd Mr. Shelby (both of
them federalists) went quite as far. Tho first
said that if the country goes ou increasing, as it
has done, it is not improbable, but that the de
fined powers may prove only ntert, and the im
plied powers fiirnMi the sermon to it ! The lat
ter sail, thut congress may ado. smty measures,
which they may deem necessary and proper to
accomplish the object, in any manner, whether
these means be director remote. Such is fede
ral doctrine ! W'e acknowledge ourselves in
debted to the author of the letters of Hnmhden
for tliPse quotations, not having the debates be
fore us.
(14) We could refer to inanv respectable
writings nnd speeches of Hie republicans to
shew their opinions on this important topic.—
Our quotations are here made from the once po
pular essays of Hortenaius, and Madison’s Vir
ginia Report. They will he considered authori
ty so long as cogency of reasoning, and truth,
in an unadorned style,aie admired.
(15) Such is the reasoning of Mr. Madison in
the report before quoted (and to which we shall
again frequently refer) in page 23 of Ritchie's
edition in 1319. That report was levelled as
well against the incorporation of the bank, as
against the alien and sedition laws.
(Id) Among its opponents were Mr. .Teller-
son (then secretary of state) and Mr. Madison
then in congress. The former is said to have
given general Washington n luminous argument
in writing against the opinion of Mr. Hamilton.
It ha« never been onr good fortune to see it.
Mr. Madison's speeclmpon the same subject we
have seen, and never was onr gratification grea
ter than in its perusal. While we thus pay to
it thisdeservedcomplimeiitjweare constrained
to notice his subsequent conduct on the same
subject. He “ forsook the faith,” and when
afterwards President of the United States, gave
hit sanation to a bank charter! And what
makes the act more to be remarked, is, that lie
is said to liavc expressed his belief in the correct
ness of his former opinions, while doing it! Mr.
Madison was a member of the federal conven
tion which framed the constitution, and warmly
supported its adoption in the Virginia conven
tion of which tie was also a member. He was
likewise one of the trio who wrote the letters of
the “ Federalist." He soon had cause to I*p a-
Iarmed at the latitude of construction which
was attempted to be givpn to the instrument,
and persevered in insisting upon confining the
general government to its letter ami strict li
mitation* until the last hank charter was passed.
Memo snpit, omnibus horis—Mr Jefferson lias
also forgotten some of his former reasoning.
He once thought manufactures “ most thriving'’
when left to themselves—(see his first message)
since his retirement he has been teazed out of a
contrary opinion.
(17) By Air. Crawford, the present secretary
of the treasury—Having alluded to tlicbick-
tlidings of such men as Jefferson nnd Madison,
we give fair notie.e, that we shall shew charity
to no one else. God forbid we should slander
any man. But it is no slander to point to their
inconsistencies. We the more readily avail
ourselves of our notice of this distinguished
statesman, thus to express ourselves, hecanse
we vet view him a*(ho only prop ntdemocratic
republican principles in the executive cabinet.
He is a man of extraordinary mental endow
ments, asthe IT aoryofbis life hns proven. Bv
mental energy,alone, he has rapidly risen from
comparative privacy, to the most conspicuous
stations in the government j and in all situations
he hns manifested a talent that inspired public
confidence; end nt (he present moment,*while
suffering under a vile and rancorous persecu
tion, the public eve is fixed upon him as n sui
table succ'-ssur to the present incumbent of the
executive chair. His mind is of tlie first order
Ids perception is rapid, his judgment sound
and clenr, his memory retentive, hie applica
tion to and dispatch of business great: ami
withal, he "possesses a characteristic firmness
and independence, offensive, to lie sure to ma
ny, but highly acceptable to tneu assimilated to
himself in ctiaracter—And tie is honest loo, for,
although prudent ami frugal in his expenditure,
he is yet poor in “ worldly goods," having
commenced his political career before lie had
accumulated au estate. G.-riera! James Jack-
son tz Abram Baldwin were the Gamaliels from
whom he imbibed his political principles, nnd
belter, lie could not have had. If in his con
duct about the bank, he bus departed from
them, (as wc think lie did) it is some consola
tion to know that such iAen a« Gallatin and
Madison were involved in ins error. Bat Ihe
errors of such men ure always dangerous in
their effects.
(13) It will doubtless be discovered that we
here allude principally to Mr. Clay, late snea
ker of tlie house of representatives III 1310,
when the renewal of tlie charter war proposed
bv Mr. Crawford, Mr. Clay took the opposite
side We have never rend any speech of his
which so much abounded in conclusive and lo
gical argument. But Mr. Cluy also became the
advocate of the bank !
Mr. Clay is an extraordinary mnn—II,s per
son is fine and dignified—His eloquence is of
thf* most commanding kind. Over tbe modu-
lations of bis line and masculine voice, and tlie
muscles of bis lace, tie possesses complete con
trol. In his manner there is a something more
captivating tiian in any other public* speaker
we have ever beard. His style is generally
pure nnd chaste* his articulation distinct, and
his utterance neither too quick or too slow.
Ills knowledge of human nature it great—tie
can be argumentative, pathetic, sarcastic, iro
nical or humorous as he pleases, an 1 in ail be
leads his lieurer with biro When be chooses
to make a great effort, he enn enchain the at
tention beyond tlie power of retraction—Vet
Mr. Clay s speeches are never great ou paper.
To conceive his greatness, he must be heart/,
for it is to be found in his manner, Ins look, his
.Darkling blue eye, and the well regulated into
nations of his voice. As the proposer ol any
measure, lie i* bold, skilful) artful afld persever
ing According to his anxiety for its .access,
be will be “ all things unto all men He has
been charged, five know uct vjrth v*bat tfutk)
with being unfriendly (n tl.e present ad ninii-
traiinn, h,.pause of some disappointment in his
hopes. Certain it is that upon several occasions
lie lias manifested n dendty opposition to some
of it* lending measure". All must recollect
the history ol the South American recognition
question. 1 u its commencement his supporters
were only t'orty-fvc in number. He has perse
vered until he has thrown the executive into
a minority in the house nf representatives. In
deed nt the last session of congress lie succeed
ed in having refected by a great majority, a re
solution approving Ihe President’s conduct in re
lation to the South American provinces, lie
has obtained n like success upon two or three
other subjects, and particularly that of internal
improvements. Mr. Clay has become flushed
witli bis influence and good fortune til congress,
and now nims for (he highest sent in the nation.
Mo one can mistake his views, who has attend
ed to liis course. There lias scarcely arisen a
great question in which h» has not taken a con
spicuous part, on what lie believed its popular
ide. Although once the enemy, ho lias be
come the advocate of the bank charter. Oppo
sed tnihe sedition law nnd the Missouri restric
tion, lie is the warm supporter ol the schemes
of internal improvement.*, and tlie protection
of manufactures, which rest upon no butter
constitutional liases. He wnscqually (befriend
if a law to relievo the purchasers of the public
funds and a bankrupt bill, wnile lie urged tins
necessity of retreiicliing’tlie expellees of go
vernment. flow he can maintain his consis
tency upon such of these measures as involved
constitutional construction, we pretend not to
say. For ourselves we cannot withhold our
admiration of the man, nt the same moment
that we express our fears for the injury which
tho rights “of Ihe people and the states" are
likely to sustain f.oni his talents and tlie laxity
of liis constitutional principles, as recently dis
played.
Ercculirc Department, Ceoripa, f
Milledgeville, SbthJune, 1821. (
A copy of a letter dated tlie 11th iust. from
the Hon. John (J. Calhoun, Secretary of
War, to this Department, with a copy of ad
ditional instructions given by the President
to lion. Preston, in adjusting the claims of
citizens of this state against the Creek In
dians, under the late Treaty, are furnished
for publication for the information of all con
cerned.
Attest, ELISHA WOOD, Sec’ry.
(copy) Department or War, (
Util June, 1821. (
Sir—At the request of the Legislature of
the State of Georgia romnrtunicated through
the Governor, the President ha* recons,dered
the instructions, which were originally given
you as n Commissioner to adjust, under the
iate Treaty, the claims of the citizens of
Georgia against the Creek Nation jand I am
directed by him so to enlarge them, th.atthey
may embrace the claims provided by the
Treaties of Augusta, Galphinlon ami Slioul-
derbooe, entered into between the State ot
Georgia and the Creek Nation, previous to
the year 1790—you will accordingly consi
der your instructions, xfhioh limited the
claims of the citizens of the State previous
to that dato, to the provision contained in
the 3d article of tlie Treaty of New-York, to
be «o enlarged, as to embrace the claims
which are provided for by any of the above
nnmpd Treaties. The Treaties are contain
ed in tile Digest of the laws of Georgia which
you can obtain, Ipresume, without any difii-
culty. It is not impossible from the great
length of time, which has elapsed from the
commencement of these claims, that there
may be some which are just, hut to the sup
port of which the proof required cannot be
adduced. Should there be any such which
on a full examination you should consider as
fair claims, you will form of them, a distinct
class, and transmit them with your final re
port to this Department, to tie laid before the
President for iiis special decision, accompa
nied with your opinion,and such observations
as you mav think proper tn make.
In all cases of this description, tlie claim
ant will make oath as prescribed in thr origi
nal instruction's, that he cannot furnish such
proof ns is required hv the regulations, and
that lie has furnished the best evidence
which can be obtained in support of his
claim.
To remove the possibility of mistake, it is
properto observe, that it is not intended that
the certificate of the Court, as to the credi
bility of the claimant, or witness, which is re
quired in the instruction, should he founded
on personal knowledge. It will be sufficient
if the court is satisfied as 1o tlreo* credibility,
whether it rests on personal knowledge or
not.
A ropy of this communication lias been
transmitted to the Governor, with a request
that he would give it the necessary publicity.
I have thu h inor, Szc.
(Signed) J. C. CALHOUN.
Gen. James r. Preston, Athens, Geo.
Department op War,
11th June, 1821.
Sir—Tone letter of tlie loth May, inclos
ing a copy ol' the resolutions pf the Legisla
ture of the state of Georgia, was, as request
ed, laid before the President for bis enusider-
ation. He has bestowed that deliberation
on the. subject, which its importance merits
—the result of which will be made known to
you by the additional instructions to Gene
ral Preston, a copy of which is herewith en-
losed, to which I must request you to give
the necessary publicity.
Tlie President, though hi; feels disposed
to view* the claims of tin* citizens of Georgia
liberally, and would he pleased to meet the
of the Legislature' on all the points,
yet i* of the impression, that the instruction
In General Preston citnnrit with propriety
be so enlarged, ns to obviate most of the
ijectinns made by the Legislature.
I*i submitting the views of the President, I
xvill pass over the first objection, as it lias
been substantially met in tile additional in
struction, as you will see by adverting to the
copy enclosed.
The next objection is the exclusion of the
cl iimsagainst the Seminolie Indians. The
President i? not aware in w hat case they have
been recognized, or treated its a part of the
Creek Nation ; on the contrary, it was deli
berately decided by-him in (lie year 1819,
that they did not constitute a part of the Na
tion. At Unit time tho question was pre
sented by the deputation of the Creeks, who
were: in the City, and who claimed to have
the right to dispose of the country occupied
hv the Seminulies. Nor does he perceive,
that any inference to tlie contrary can be
drawn from tlie extent of country, which we
have claimed under the Treaty of the 9th of
August, IHt4, to which it is presumed the
Legislature refers, os conveying a part of the
territory occupied by the Seminolie Indians.
Tho limits betweep different tribes of Indi
ans are usually very uncertain, and as xve
had been at war with the Seminolies, as well
as With the Creeks, and had not made jieaee
with the former, tve might very properly
claim to the Florida line without assuming
that they were one people.
There appears to lie some mistake in Ihe 3d
objection. The instructions do lird exclude,
ns is supposed by the objection, all churns o-
riginating between the dates e£ (j*e Treaties
of Cobf.tin r.ndt’unf of F\nt Wijl.mscrr, ex
cept such ns ore pro*ided by Ihe lulter Trea
ty, Init on the contrary, those that are pro
vided for by the Treaty of Fort Wilkinson
are excluded, for the reasons which arc as
signed in the instroriiens while those that
nre not, are embraced by them.
The 4th objection it is believed, is sub
stantially removed by embracing the claims
arising under the Treaties previous to (lie
year 1790.
As to the fitli objection, it ranrmt bo con
ceived, that it was tin* intention of our Com
missioners to provide for tlie class of claims
to (lie exclusion of which It objects, (t is
not usual in Treaties to stipulate for any
claims, but such as our citizens have n right
to ask Ihe interference of the government,
nnd consequently not for those under consi
deration. It would present a singular con
tradiction, fortlicgovernment to prohibit and
punish cerium acts on the part of onr citizens
against the Indians, nnd afterwards by Trea
ty to indemnify those citizens for the losses,
which they inay have sustained in perpe
trating them. The reason assigned why this
class of claims might to tie muhracnil, that
the loss sustained by the violators of the laws
might in some cases accrue to the benefit of
the Creek Nation, is not denned sufficient.
In relation to the 6th objection, the Presi
dent is still of the opinion, that the amount
of the claim cun he ascertained fairly only by
tint amount of the value of the property at
the time the claim accrued. To fix ou the
present value, or that of any period subse
quent tn the accruing •! the claim, would lie
manifestly unjust in many cases. Much of
the property taken by the Creeks, lias no
value at tlie present, and was subject to de
terioration from the moment it was taken.
Whether damages in the shape of interest,
nr any other form, ought tu he allowed, the
President has reserved, »* vnu wi re inform
ed in the letter from this department convey
ing the instruction, for liis special decision on
the. final report of the commissioner, when,
as the nature and the extent of the claims
will lie accurately known, I e can determine
on this point mure satisfactorily than at pre
sent.
The 7th objection supposes, that the oath
of the original claimant is ,o all eases requir
ed, which would exclude nil claims except
those where the claimants are now alive, and
that the certificate of thu judges, ns to tlie
credibility of the witnesses, must in all cases
he founded on their personal knowledge. By
turning tn the original instructions you will
perceive, that provision is made for cases
where the original claimant is dead ; and to
avoid all mistakes, the additional instruction
expressly provides, that the certificate will
he sufficient whether it is founded on person •
til knowledge or not. To provide for such
cases as may appear to be just, but do not
admit of being proved according tn the form
prescribed, the Commissioner is directed V>
arrange them into a separate class, and re
port them with his opinion to the President
for liis Special decision.
in relation to the 8th objection, the Presi
dent is at a loss how to give greater weight
to the evidence to which it refers, than is
given in the instruction, unless lie should de
termine, that the validity of the claims should
he tested solely by the evidence to which it
refers, w hich he believes cannot he donu with
out exposing the public td imposition.
After having presented the views of the
President on the above points, it is almost
unnecessary to observe finally, that ho can
not concur in the opinion of the Legislature,
that the sum stipulated by the Treaty, as ap
plicable to these claims, were Intended ns a
liquidation of the amount due, and that it
ought to be paid, whether the just claims a-
mount to that sum, or not. Stipulations si
milar to those contained in the Treaty un
der consideration are not unusual, and it is
believed that a construction similar to tlie
one which has been given has invariably been
adopted.
It will be a subject <tf deep regret to tile
President, if tlie rules and regulations which
In* lias prescribed should deprive any hours!
rlaiinaut-of the benefit of the provisions sti
pulated by the Treaty. He hopes that such
will not he the fact *, but that while they will
be. found sufficiently rigid to exclude spuri
ous claims, they will not he found so much
so, as to prevent the establishment of those
that are just. He has in fact, deemed it to
lie his duty, not only to the public, but to tlie
honest claimants, tn establish such rubs and
regulations, as wiUexcliide unfounded claims,
as it is understood that the nominal aitimtnt
of the claim*, even without interest, at least
to the present time,exceeds the. sum stipula
ted by the Treaty. It must then be mani
fest, that every unjust claim, which may be
admitted, not only injures the public, hut
tends to prevent that full justice to the hie
nest claimant, which it is desirable should be
ultimately afforded.
I have the honor to he your excellency a
obed’t servant,
(Signed) .J. C. CALIIOUN
His Excellency Jons Ci.wur,
Governor of Georgia.
orSur cttild bcot.idcil.hy jitsf carrying them
over Ihe Spanish line, and reintroducing
them, and believing too, that the Negroes
were actually intended fur the iisu of the
parties interested, who I have lio doubt ore
large land holders on thu Alabama, by pur
chase at the recent sales, nnd not for sale, I
declined detaining them. As n proof of the
insufficiency of the prohibitions to the intro
duction of this species of property, the re
cent ease of the seizure made by the Sara
nac, Is of itself a sufficient illustration.
“As I before observed, the negroes are not
subject tn libel, condemnation or sale, but
are reported to the Hxeewtive of the State,
with a view to their being sent out of the U.
States. To do this, the executive orders
them delivered to some one, who enters in
to bond with security for their exportation.
You can very readily conceive how easy a
matter it is for the parties interested to pre
serve their property under these circumstan
ces. And although tlie negroes may actual
ly be carried beyond the limits of the Uaited
States, yet they are again introduced, and
•' ith better success than on the first occasion.
My knowledge of the fact, that the govern
ment had determined to suppress the pre
sent proceedings at Amelin, and thereby pre*
vent a recurrence of Ihe offence, had some
weight with me in the present cose. If in
your opinion the subject matter of this letter,
nr any part of it, he of sufficient importance
to be presented for the consideration of the
President, or Secretary of War, you may so
use. it, in which ease I shall hope for a com
munication of the opinion that may be form
ed nf the facts stated, and for such instruc
tion as may be thought proper to govern my
conduct.”
1’ii.jg rxids. fhnvc no* seen (Jen. Gxi'ntB
sim e lie passed ttiis place in December hsrd,
nnd the publication of hi* letter was the tire*
intimation I had of any dissatisfaction on his
part. And I beg you to he assured also, that
whatever my individual opinion may be ot"
tho man *ir his measures, that opinion I will
never suffer to influence me in regard tv utj
public duty.
“Gen. Gaines by III? own conduct, has
brought, upon himselflhe embarrassment and
difficulties he now experiences, and the ioM
he has sustained J and it is unjust that he
should endeavour without the least shadow
of propriety, or evidence to support him, br
insinuations and improper colorings to hw
official communications, tn divert the public
attention fYoitt himself (a others, nod psrty*
culnrly to myself, who have not only been
active and zealous in promoting a good un
derstanding among the Cbiefsiand warrior*
in favor of the service, hut ha?e for four
weeks past been incessantly engaged in im
portant transaction* of public duty.”
“ 1 am sir, witli high consideration and
respect, your very obed’t serv’t,
D. B. MITCHELL, Agt.fori. A."
The bon. J. C. Calhoun,
Secretary of War.”
* The conduct and services of the IftdlnM
during the Seminole campaign, has Justified thl*
opinion nnd established its accuracy.
t The loss of Lieutenant Scott and bis boafe
crew, k the’subsequsnt blockade of Fort Scott,
from which the General very gallantly retired
and left the garrison, consisting as he declare
of 70u bayonets, to their fnte—'ulorious enter-
[Uffirej^^stchles^ntrejildhyH^
Extract of » lelier from D. Ii. Mitchell, .V.cn
for Indian Affairs, to the lion. 1* iii.II.CihW
ford, Secretary nf the Treiisyry, dated
“ Ciftli Dnc mher, 1817.
“ Another Hfruin.-laore has recently oc
curred which has somewhat perplexed me
A certain captain Bowen, who had been for
some time employed by Col. Hawkinsiu th
Indian Department, is now engaged with
some mercantile houses in Augusta and Sa
vannah, :tnd as tlifir agent, has porcini
some where on (lie St. Mary's, a small par
cel of African Negroes, and during my ab
sence carried them to the neighborhood of
the Agency on tlieir way to the Alr.hama
Tenitory. 1 arrived at the Agency soon
.".fter the arrival ufCapt. Bowen and tin* Ne
groes, and immediately ordered that they
should not tie removed until I had time to
look into the subject nnd decide what would
be proper for me to do. After some reflec
tion and h recollection of the laws of Geor
gia, and the United States, and of curtain
proceedings which hail taken place hi Savan
nah, whilst I was at the liar there, in which
I was professionally engaged, 1 was of opin
ion, nr*(l am yet so. that the restrictions crea
ted by law, are sufficient to prevent the in
troduction of this description of property.
By the laws, the party importing or bringing
in, is liable to certain penalties, and the Ne
groes are to he exported, or Sent nut of tile
United States at hisexpeuse. Consequently
the Negroes themselves are. not subject to
libel, condemnation or sale, I told Captain
Bowen 1 suspected him of being the impor
ter of the Negroes into the State, upon which
he immediately produced a bill of sale for
them, duly executed in Camden county, anil
solemnly affirmed that the bill of sale was
made and executed by the agent and part
owner of a privateer by whom the Negroes
had been made prize, and were actually de.-
livercd to him in that part of Georgia. Un
der these circumstances, I felt that I had no
other course, but to order him to carry them
out of the United States; and when l re-
iibisi ejfSS Utf iwiii'y which suck an
Extrnrt nf a letter from l>. R. Mitchell, Agent
for Indian Affair*, to the lion. Joint C. Cal
houn, Secretary of War, dated
“ Creek Agency, rid Feb. 18IB.
“ Justirp to myself and to the friendly part
nf this nation, as well as my duty to the Go
vernment, requires that I should notice a let
ter which Gen. Unities lias recently written
to the Governor of Georgia, and which hns
been published in the Milledgnville Journal.
In that letter the Genera! has taken the li
berty ofdeiioimeingall tlinse who hnvegiven
any intimation Hint there was the least pro
bability nf a peace, and lias attributed to the
act unfriendly motives nnd effects injurious
to the public service. I presume that the
General has referertce to the puhiicutinn of
the letter of the Little Prince tn me, stating
the report ofa confidential Chief who had
been sent to tlie Seminole* to ascertain the
situation of affairs in that quarter, and the
state nf their minds in regard to peace, a co
py of which was sent hy me tn the Govern or
of Georgia about the same time that l sent a
copy to your department, and for the publi
cation of which, t am no way accountable,
but if I Were, I must take leave to deny the
motive or the effect which he has attributed
to that publication. These circumstances I
explained to Gen. Gaines when he passed
tuis place on liis way from Fort Scott to
Fort Hawkins, and am therefore the more
irprisid at seeing such observations from
him.
“ He also expresses a decided want of con
fidence in the friendly part of the Nation,
nnd anticipates much opposition from them,
and from negro speculators, who have, as he
says, been recently carrying African negroes
to the immediate vicinity of the Agency.
“ From whence the General derives his in
formal inn, upon which lie thinks himself jus-
ified in making fliose statements, and draw
ing those conclusions, I know not; hut I take
the liberty to suy, that my source* of infor
mation are more direct end certain than his
can he, hy which to decide upon the degree
of confidence which ought to be placed Upon
the friendly Indians, ami I venture to assert,
without the least hesitancy, that the friendly
warriors will be the most useful, nud lekst
expensive, and as zealous auxiliaries as lie
wiil have in the service,* and that until the
publication of Gen. Gaines’s letter, I never
heard a single word about opposition to his
measures in any shape or way whatever, un
less indeed the expression of the old Chiefs,
that they thought his attack upon the Fowl
Town, not only premature, but wltlinitt suf
ficient reason, be considered by the General
as opposition ; and even that expression 1
have used my utmost endeavour to fervent
having any Imd tendency upon the minds ol
tlie warriors, and (latter myself 1 have suc
ceeded.
“ As tn (lie African negroes nf which the
General speaks, I have already communica
ted the facts relating to them to the Secre
tory of ihe Treasury, and in addition to that
communication have only now to add, that
alter I had made that communication, and
on tlie most mature reflection and considera
tion of the act of Congress, I deerticd it best
to require the party claiming the negroes, be
fore 1 permitted them to he removed, to give
linml and security to carry them out of the
United States, hecanse, that is the course
pursued under the law of Georgia, and ap
peared to me to lie the proper course of my
duty under tile act of Congress. The scar
city of provision nt this place, made their de
tention extremely inconvenient, and hence 1
became anxious for their removal, otherwise
I should have delaye’d acting in tlie case un
til 1 had received the. order* nf Government.
Tiie negroes however having been here, and
my taking no care to explain every thing re-
laiing to them to every one 1 saw, left room
for conjecture, and tlie General sees in this
case an organized system of opposition to
himself, and consequently to the public ser
vice ; when the truth is, that so far from
those negroes having been brought here by
speculators, they were claimed by gcutle-
meii nf respectability, some of whom came
to me with letters of introduction from the
General himself, couched in the strongest
terms of friendship. I do not know that the
General was apprized of the object for which
those gentlemen visited the Agency, but, I
mention the fact fnr two reasons ; first to
shew, that the General is entirely in error
when lie asserts, that negroes have been re
cently carried to the vicinity of the Agency
|,v speculators, and second, because it is my
dr.-in- that you should kmrtv every material
fact which takes place here ; and the fact in
this case really is, that the negroes it appears,
are the. property of gentlemen w ho hud them
purchased by nn agent for their use, are not
one of them’for sale, and were intended for
settlement in the Alabama, but, will now, I
nm confident be carried beyond the limits of
the United States.
« i have been thus particular and free in
mv observations upon this subject, because
it appears to me the General has given a co
loring to hi* communication to the Governor
calculated tn induce a Itelief, that 1 am ex
citing the friendly Indians to oppose the
measures he may take for the public service,
an imputation I will never submit to, and be
cause, without ail explanation and statement
of facts from me, you might he led to believe
that Gen. Gaines's observations Were nt)t
only true, but that a collision of sentiment
really existed between us, havmg the ten
dency he states. Be assured sir ( no suqli
sSYTSCTYQX.
On SATURDAY next,
^2(11 o'clock, in front of C. IV. But-
ler’t Store,
A GENERAL ASSORTMENT OF
UYUWY1UES.
M HOPPER, Auct'f.
.time Cfi.
rpHK SUBSCRIBER respectfully iuforins th*
JL citizen! of Baldwin county, that he will be
a candidate at tbe uett election for Receiver of
Tax Return*. C. McCARTY.
June 23. 20—^t.
UASYl ST WRY.
Wm, H. Crenshaw & Co.
H HVTNG determined to sell goods here
after for cash only, will make it the
greatest interest to their oustomers to cull
and purchase at low prices. Thev have A
fresh supply of SEASONABLE GOODS,
finest blue and black Cloth, ditto, ditto,
do. Cassimere, Callicues, Ginghams and
Seersuckers ; a large arsnrtment of China,
Leghorn and Strew Bonnetts, Nankeen and
Canton Crapes nnd Dresses—Irish Sheeting
and Linens, India mull mull Muslins, Thread
Lace, Muilin Ruhr*, Silk embroidered Bail
Dresses, fancy Shawls of ail descriptions,
Cashmere k Merino Dresses, Muslin Robe*
And morning Dresses—fine Violins|and Put*
no Partes, one organized Piano equal in torn?
and workmanship, to any article of the kind
in America; Looking Glasses of All kinds,
a large assortmant of Cut dlass, in setts and
by the piece.
June 25 SO—4t
Renanuel Bonypt,
I N addition to his recent supply, hns for
sale, best Retailing MOLASSES I»y this
barrel nr small quantity, k Liverpool ground
SALT.
Wanted, two thousand pounds Bees Was
and Tallow, for which cash will he giveh at
a fail price. Kendall’s bills will be received
for goods, or in payment of debts. All those
indebted will save cost of suit by coming for
ward and settling the demand against them,
as no longer indulgence will be given on debt*
dun previous to tbe present year.
June 25 20—St
Physicians, Planters, &c. Attend!
TXTILL BE SOLD at AUCTION, com-
S \ mencing on Thursday tbe 12th July,
at my Drug Store, a large and general as
sortment of ^
Drugs, Patent Medicines, 6fC.
on a credit until the first day of December
next, for all sums over fifty dollars; Anil
until the day of sale, good bargains may bo
had for cash.
TIIOMTSON BIRD.
June 2(1 20—St*
A FARMER in Putnam county whb lias
spent hi* leisure hours for 26 years past in
Mathematical enquiries, has made some valua
ble discoveries by various experiment*. Hit
circumstances not being sufficient tn enable him.
to complete his work,* i* ahdut to communi
cate his optical disquisitions on Vision, anil
his propelling power in Electricity, with sonio
other MuthuniHticid improvements, to a learned
friend in one of the Northern states. He says
he first caught the idea of the propelling power
by sonic experiments in Pneumatics about 23
years ago.
A FRIEND TO SCIENCE.
* lie hns made several applications for public
employments, to enable him to complete bis disco,
rerics, and failed; and teas a candidate for |t
Surveyor's place in a late election.
June !>i. J*
1A>0K llYWY \
L OST on Saturday, the 2d iust. A RED M9»
ROC CD POCKET BOOK, containing
sundry papers, a* follows : One five dollar bill.
Bank not recollected; one deed for 101 1-4 a-
c res of land, given by Wi Ilium Boswell to tho
subscriber k Richmond Brown; two small note*
for £26 each, given by William Brown to Fran
cis Williams ; onenrftegiven by Terrell Barks
dale to the subscriber and Richmond Brown for
g 130, date* not recollected, doe next Christ
inas j one other note given by William Letter
to Joseph Carr for £ 12T, dal.es nor w hen duo
not recollected ; one other now due, on Pres*
Icy Ingram, for £110 dollars, date not recol
lected, with other papers not recollected. I
hereby caution all persons from trading for said
note* or papers, and the persons so owing, from
p.i)i.*ig them to any other person than myself.
AND1SON BROWN.
June t!>. U*.
GEORGIA, llu uiom county.
April adjourned Term, 1841.
William Bowen, 1
i e , 1 DlU f or •Hxotcry, relief
Lotus Beoai.is and i and injunction.
Josri H Thor*. J
I T appearing to the court by the affidavit of
the complainant in the above case, that thei
said Louis riecalit did at the sauetion of the bill,
n. docs yeti aside without the limits of this state,
and It also appearing to the satisfaction of tho
court, that the suid bill has not been served oxx,
the said Segalis ; on motion of Samuel Rock
well and Hubert Rutherford, counsel for saiii
complainant, it is therefore ordered that servirei
of the same be perfected, by publication of tl
rule in on* of the jiubiic gazettes of this state,
once n month for six months, end that a eopv?
of the original bill be served on Ihe plnintilTn
attorney tii suit at law enjoined by said bill.
A true copy taken froin tbe minutes, this 234
of.June, 1321 .
Jum 111 KEWOfc