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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