Newspaper Page Text
T>7>?'t'(ffilC AN PROCLAMATION.
/>Jm (Ac llcwtria -Vu/irinflo, <1/ Oe l Ufc uif.
'1 l-c t 'llni>»iog Fiochunation ha* just
ron.f to timid, the cui.tenU of which rut
ficiowllv show the imw •.i-uont which the.
HI, ,irn"n revolution it taking, and the
wInch ihiuiiteii tire throne ot the
farcical Y turbid*.
[TRANSi.ATKI' H1H THE COURIER.)
Tu the Inhabitants nf Anahuac,
Citizens ! Countrymen !—A roan
who lias always worn the livery of des-
p 0 li (m , and who ha* ginned in it in the
face of the world—by immolating many
victim* of his compatriots, n«*wsinated
hi* hand and by his orders, might blind
u * for a moment, when pretcudinp to fol
low the. banner of liberty, he proclaim
ed our independence. Hut now the veil
is rent, and the illusion has disappeared
for ever. From the moment that the
entitle and capricious author of the plan
mains to bn peiformcJ-mnny valuable
lives have been lost—some by the fil
ling of houses mid others on board the
shipping in the harbor.
The loss en*tamed hy land nod oy
water, we are not at present able to es
timate. It cannot be less, however,
that £'->00,000. Hut the destruction ol
property is of no onnsideiation, when
we Onnlt of the loss ol lives.—Several
dead bodies have been picked tip in the
river, four ol them negroes ol Capt. Sal
tin' and a while man.
from Sullivan's Island, our accounts
are of the most shocking nature. We un
derstand that upwards of fifteen houses
have been blown down, and others more
nr tr«s injured. The residence of Mr.
Lewis Morris, jun. was overset by the
tempest—his wife and two children, to
gether with Mr. Argcuce, private tutor,
were all four killed. Airs. Middleton,
chsego of i-r-rrimifi.iflon, which m at lens'
of little service 111 either of candidates,
and of too little ciinseipiencn with the p< u
pi,, to produce any lasting Itnprcs-ii.n.
They ran appreciate the responsibility ol
Ills nflicer, as well as the ipmhlicalum ol
the man, who hv their free choice is tn li
stdeeted tn fill the officii ; and we trust, will
not lie li d astray l.y a u petltion the i Id
cry, of “ southern monopoly,’ "smillieiu
init'ience,” or '• Virginian dynasty. ’ H ls
enniigti lor us, that he is an Ann ric
principle, and republican by praclic
• . . .. .i. l > .. it, . mini i>st
•tli ('Mailin', avnl the SGlh di ,
the dividing line. On the -till
of lonala and threats of Cordova, wn«. wi f e 0 f Thomas Middleton, in attempt-
. »_ : ...1.1 1 /» it... I'.llimr rniisa U':IM
seen to couceulrate in his person and
family, all the interests of the country
and the fruit of past sacrifices of his well
deserving sons ; when with an impu
dence without example in history, vio
lating physically and morally the august
national Congress, we have seen him ar
rogate to himself the imperial diadem ol
Anahuac, and finally when with a pari-
cidel hand, he has seized the liar ol iron
to establish an heicditary dominion in the
19th century over the same Empire
which was governed in the lath, with h
•centre of gold and flowers, by the ge
ncrous and unfortunate elective hmper-
or Muuntczuma j from that period, I say,
the hearts of the sons of liberty ought
to beat with indignation, mid their arms
should'be stretched out to«ei/.e the nak
ed steel, to rouse our fellow-citizens
from their fatal lethargy, and our belov
ed country from its present adjectmn A
abasement. And their hearts have al
ready leaped, do not doubt fellow-citi
zens ; &. their arm« are already extended,
and the patriotic ardor has spread even
to the antichambers ol the 1 yraut s pa
lace. His real followers are few, rile
slaves, mid for the most part foreigners;
tng to rush from the falling ruins, was
drowned on the beach. Mr. Morris s
house was considered one of the salest on
the Island. How vain is human secu
rity 1 The hour of fancied safety is Ire-
qu'ently the moment of destruction.
The havoc occasioned by this tre
mendous visitation in the city, is with
out a parallel in the memory of our old
est inhabitants. The 1 ornado which
passed over a part of it, in the year 11.11.
w as perhaps of equal, or even greater
violence ; but its effects were confined
to a very narrow limit, while the desola
tion on this occasion, is extended to eve
ry part of it.—Charleston Conner.
country, nnu uivr n-ii m r--
ti,-4. Such a mail, whether a native o
state, or any other in iho union, is peitei J
immaterial, because his attachment tn one,
is equally strong with his attachment In the
Others, and he is jo t as likely t" advance
the one, as lie is the other, in consequence
of his entertaining n preference to neither.
From the number of persons already
pollen of, we anticipate a long mill anxious
-ampaign, which will prohahly eventuate
.a a w ithdraw! of all the . names, excepting
Mr. Adams and Mr. Craw-lord. Between
these two, the, majority of the people, who
are undoubtedly republicans, will not mi"
hesitate which to chose. They have Ion
looked towards Mr. Crawford as the suc
cessor of Mr. Monroe, and unless some
thing transpires to render his support m-
TtECORDl
.1
SCSI
rv • j
IMII LEDGK.VII I.E, ll’ENDW.
»i ro n F. u H
V 17 ".I, seven nf the above mentioned j general "' I 1 '" - "
surrendered hack their grant tn province oi l i -
M£% vLJ I -» r ;
""‘c--™5!S setSttSSKM
l"tll ” i;«„ will eir. .-tuiii u. a.ef linr.h
let. In
nf July,
I grnnleef. ,
I lieurge hi. "ho appointed
South C.irnliii" 41,1 llin ■
17.13, George
l'emvel, and - .
territory between the rivers bavnnnali » il
Almmiiha, extending as before, from sea >>
sea, and called it Georgia—the other eight!
nart that had not been surrendered by Hie
original proprietors of the Carolina* was
purchased hy this company-South of the
Altainaha was still claimed hy South C.uo-
lina, and the Governor of that state exei eis-
ed iurisdiction over that country, i ne
whole of Georgia as above described, was
afterwards in the same year, taken pnsscssi
mid expei
is rot this cour'- it fc a “i bjcr.: "< 1'"-" .'
lienev-it is arm that iclales 'ot! ,
|fur,, nod llo-n fore entirely It,.
-Inline, As w. II might
poll to l-ejet't lln- In all,
u strong, on mo mail,.,, anerwnni* ... i
*. "r »•
hope his decision will ho prompt, and that
it will allay the public feeling which that af
fair has excited.
The proclamation contained in to
day's paper, signed hy Guadeloupe Victoria
ami addressed to the citizens of Mexico, call
ing upon them to unite with him in over
throwing tho usurped power of Ituhhidk,
speaks a language which cannot ho mistak
. en ; and from tho feeling evinced by the peo-
consistent with a sense of duty to the pun- Empire, bis throne must sooner
lie weel. ami the interest of the republican l' le 0 ln « ’
or later, he overthrown.
lie weal, ami tbc mti* •
family, there in no doubt of lib election b)
an overwhelming majority
Savannah continues in the uninterrupted
enjoyment of a state uf health, this season,
not known for several years previous. I he
dreadful mortality of 1820, excited a panic
that has succeeded in each subsequent sum
mer, in driving from our city the greatest
proportion of its population. Mbi-* «dnui>
however, we are happy to find, is suhsid
ins x H lew seasons like the present, would
entirely hanish it- The necessity of re
nioval during the Summer mouths, has al
ready become quite problematical. V <>i
tun two last Summers, Savannah would
ts health,
, • , . , ^ i not suffer, hv comparison as respe
his soldiers are either hirelings, oi ia\ most other citie
UNION' Of rtlr. HKPUBLICAS PXnrY.
\Vc again congratulate our triends and
patron* throughout the United Slate*,
that the danger ol division in our rank*,
which lately looked so portentous, is, we
believe, gradually subsiding ; and that a
great majority of the party are already
prepared to unite on an or.o school de*
mockat—a Jefferson llepubliccin—a man
who will apply a redressing hand to any
existing abuses ; who will introduce re
form whenever practicable ; who will
...lopt any plan of economy compatible
with the public interest, honor and safe-
; who will, in fact use his exertions
reduce our expenditure within our in
come, and bus rescue the country horn
(he necessity of taxation arid the curse ol
ational iicbt.—Demo. Press.
Ennui*t> Law, Esq. formerly «f Washington,
has been appointed by the Governor and Coini-
il ot Kloriiln, territorial Judge for the Eastern
division of the territory.
already served ia our ranks and have
the United States,
llow far the Dry Culture System lias vuti-
shc.l their blood under the banner of li-1 to thi* state of things, eanin.l lie
Draw together companions, and j precisely determined ; hut from the limited
Hu
bert)'
beside* our bayonets let us use our arms
to fraternally embrace each other.
Mexicans—1 aspire to nothing per-
Ponul ; you know it ; if the ambition ol
honors had occupied my heart, nothing
would have been easier than to see rnv-
sell loaded with the most pompous which
the tyrant could bestow in the gothic
fame of his coronation. 1 propose no
plan* upon the former basis of govern
ment which we must have to govern us—
the first cry of all the people of our con
tinent upon rising against the oppression
of Spain, except him of Iguala, was for a
republic ; but I do not believe myself
sufficiently the organ of the nation to fix
it. Hut for liberty 1 do ; that 1 proclaim
in the face of the universe, persuaded
that 1 shall find no man so degraded as
to resist it. The tyrant himself, al
though falsely, has vociferated it without
intermission. Liberty, then is that
pn
...anner in which it is carried into opera
tion, it cannot tic expected that any very
important results* would he the conse
quence ; though it undoubtedly has somt
influence. .
The white population nt this time a
mounts to about 2i>o0 souls; considerably
more than ut the same period last year
though the cases of fiver are lower; and
these, as reported by the board ol heaiti),
arc generally of the mildest type
average of deaths is not more
per week. Little danger tin
apprehended in coming to this city* Our
army of absent friends may now think ol
ending their norther campaign, and retrace
their steps, hy forced marches, to winter
quarters, with the full conviction ol the ene
my’s having disappeared. A small division
has already arrived ; and the main body
may be shortly expected.
From all appearances, the merchant may
calculate on an early renewal of his fall
business.—The Planters are busily employ
d in preparing their crops for the market
-Th
tii
efore need hr
• M, V‘ '* -,11 li land a small quantity ha3 already been
which sustains our anna—above all, li-1 s * yjl ^ cum o C/ / t
u.n ..niTiict rnm»rPM. 1 he t>
bertv for the august congress. The
fundamental laws of the nation are not to
be dictated by acclamation, nor by the
point of the bayonet. The city o! Pue
bla shall be henceforward the residence
ofthe government, where by the first ol
October next, the deputies of the pro
vinces who have or may then abandon
the capital, shall meet, until it shall be
free from the tyranny which oppresses
and degrades it'; the’ general Congress
shall assemble there without any other
garrison or escort than what they may
point cut.
Citizens, Countrymen 1—The stan
dard of liberty is raised ; there can be
no peace nor treaties with any kind ol
tyranny. If you assist me, ibis handful
of heroes are imflioiont to fix it forever
in our country. Follow ns, Mexicans ;
and 1 for the first, swear by the most 6a-
cred oath which exists, that the arms
sh dl never leave my hands but with one
of those extremes, Liberty or Death.—
Jalapa, 1st August, 1S22. Your fellow
Georgetown, D. C. Sept. 19.
The health of Georgetown Ira* been
very frequent theme of conversation in pri
vat. 1 circles, blit lias been seldom publicly
noticed. We do nut believe there is a town
in the whole world, so entirely exempli
from every kind of sickness, more particular
ly of that fatal east uf bilious disease so violent
in its onset, and so rapid in its termination, as
Ibis said place. Our population is upwards
of 7090 besides a continual influx of slr.mgerr
during certain seasons. Was il not for the in
gress. (Si the place is as fruitful as it is healthy)
aided by tliemeagriins, to which all areal t inn ■
subject, what would become of our phy
cinns ?—The period embraced by the si
ton’s report (for the Accuracy of which we
plege ourselves)is seventeen months, includ
ing children and adults—six of which mini
Imr were brought from Washington city
three from the country, and one stran
who (-nine here sick—leaving only .SO death
a tiling unparalleled since the saluh.i
iii- breathed in Eden.—This twon i
Citizen,
GUADALOUPE VICTORIA.
as free from every kind of disease as in any
of the spring months.
DREADFUL HURRICANE.
Charleston was last night visited by
;i most tremendous Hurricane or Torna
do, which has spread desolation over
the city. For some days past, the un-
Mittleil state ofthe weather had evident
ly protended a storm. In the early
part of the evening, it was nearly calm,
1 . . ... . i . , n ..
fTT" The following decision of Judge Clay-
ton, upon the grants issued hy the State, tor
lands reserved to the Indians in a treaty with
them, is an important and interesting ques
tion to the people of this State :
John Doe, Ex. Detn. \
David England, i Habersham Superior
Court.—Ejectment.
gia likes. The!
entisid.-ration moving hi tween the parties to
a consummation ofthe bargain-—take them
I,n a\, and w hnt equivalent is given lor them ?
and wluit kind of a contract is that, (laying
aside the. solemnity of a treaty) that a parly
w ho had no right imr agency in making, can
pick and cull at pleasure, rejecting such parts
as he dislikes, and taking others that arc al
together to his own advantage? would such
principle be allowed for a single moment
... courts of justice as between a white man
and white man ? and shall it he said, that in
«* ” "gi. I. JL j .**
' r°{ 1 . h - v.-'U- IT i t he grantees Ol upon our magnanimity, is concerned, hu
territory. In the )<■ i > h „„ „| lH || |„. told that we have not the same nna-
Grorgta sm rendered ,. vt) olds, Esq. sure of justice for him, who h is given to our
the 6th iff August 11 ‘ ^ i Lh is co mn i i s *»o n, own people? Hut I find myself involunta-
wHHHppomtcH lOviMfu , J . ( ( . rr itory rily straying from tli« true point. The tier*-
describing Ins boundaries of the territory ny S W as not such an one as
w.
7th u.iy . . .. jtis y belter, from our lone forbearance, in n
Great Britain J'",' ' ol ' Pensacola were lion, both as to the quality and quantity of
ceded to Ute former, and in the same month the lands obtained, nod certainly Tree Irom
cedid to mo torni r, itain bv pro- Ilia restrictions which were imposed But
and year, the ki „ , . ,. ,i le lands let me repeat, who ought to have seen to this
clamalion, annexed to Georgia, -II the anos < I s | ial| lhe courls judge of the ad-
ncTo^Ue^gUiTa'^iresen't^onlhernhooiKla- . an.age or disadvantage of a treaty ? or shall
mg U • rg nroclamillion was re- the people themselves, who arc immediate-
’Y ‘'I 1 ' r,.,- Hie u*e of the lndi- ly concerned in it, do it by their Represen •
- V, : ;; n C1 ' f 'J'LVis, lying to the talives ? This is the proper course, and thi»
Mirdolthesoureesofthe riv.r. ulkhfatl th. y I done. They have n cetu-d lho
iwiiujraq/ in J Vorth-ieert, treaty and they must he bound by it. rim.
into the sea fro t - • , I whb / t treaty must Ini taken, or none-if it n
* ji-fft-
purenase m 1 ( , Johnson, entire contract, it must slander fall in the
Esn'orem of Wes Florid end one in frame and design const,ue„ d hy the con-
»-«i m James Wright, Esq., Governor ot j trading part,.-s-to separate n am lake such
' - • * lari^s ol! parts ;ia arc palatable, nrul ihi*caid tin ust,
lhoeft wrll eMublislieil
which have always &o-
Tie Fur Trade.—Sinn; the abolition of
u. States Factories, a great activity has
■ailed in the operation ol this trade
hose formerly engaged in it have increa*
their capital and extended tln-ir enter
prize ; many new firms have engaged in il
aid others are preparing to do so. It
puled that a thousand men, chiefly
from this place, are now employed in thi
..aileon the waters ofthe .Missouri, and
halfth.it nuinher-on the Upper Mississippi
Tho Missouri Fur Company, which alone
mpli.ys upwards of .900 men have reacb-
I the mountains, and will soon he on the
Columbia river. Other* have lhe same
lestinalion, so that the rich furs of that re
ion will soon cease to he the exclusive pro
perty of lhe Hudson Bay Company. Iie-
ides Furs, lhe rocky Mountains may pro
duce S'linelliing else to revv.ud tile enter-
ise uf those who penetrate their success.—
I'liey are a continuation of the Andes which
tretch through South America and Mc.xi-
o, and abound wherever they are searched
itli various mineral, precious stones, and
old and silver. The ttoeky Mountains
re called the Shining Mountains hy the
early travellers, from their glittering appear
ance in the sun, occasioned hy the peculiar
brilliancy of the many stones which are
found upon them. A hunter pursuing his
game found the silver mines of I’otosi, and
many others have been discovered hy the
like accidents, and there is no reason to
oppose that other valuable discoveries may
not yet be made.—Si. Irtuis L'nq.
Richard Hoc, and
Michael llovctl. J , . ,
The TlaintilY deduced titles from the fol
lowing Treaties:— , .
1st. A 'Treaty concluded at the Cherokee
Agency, on the 6th of July, 181/, and the
8th article of that treaty, which is as follows:
o And to each and every head of any Indian
family, residing on the East side of the Mis-
sissiopi liver, on the lands that are now, or
may hereafter be surrendered to the United
States, do agree to give a reservation uf fi tj)
........a of land, in a square, to include their
,7ltl to James Wright, Esq., Governor * , , “
Georgia, di scribed the present boundaries ol ; parts as are Ha'aMi
Georgia and fixed the Mississippi asits Wes- is too ^'ock - g to
tern In.lit*. The war of the revolution ter. pr.ncmle o us ce
rninati-il in the acknowledgment ofthe sove
reignty fr. independence of the several states
and Georgia retained her present limit
dispute, however, took place between South
Carolina and Georgia with icspeet to the
lands south ofthe Aitamaha, w Inch was set
tled hy a convention at Beaufort, 1737, arid
verned our tribunals, and w hit li, 1 trust, »,1!
never cease to influence their decisions —
The fair open course of conduct for the stat e
to have pursued, would have been to have
said to the general government, the treaty i,
no, such an one as you w ere bound, or even
had a right to make, or we had a right to
w e will not have it. This would
improvements, which are to be as near the
centre thereof as practicable, in w hich they
,vili have a life-estate, w ith u reversion in fee
-.itnpu- to their children, reserving to the wi
llow her dower, the register of whose names
: to he filed io "m office of tho Cherokee
with thfsc provisos, “ that the
a further di®puto between tlie United State*- , e.xpelt . . « •
and Swain, with regard to the southern Imun- have kept it from the court , \\ ho ha
,1ary of the former, which is the southern | light to bear a burthen, that belonged
boundary nf Georgia, was finally settled by
was
a treaty,’ dated the” 27t!l October, 1795
that the limits and boundaries of Georgia as
assarted and declared hy the 35d section of
the first article of her constitution, with the
exception of what has since been ceded to
the United States, which will hereafter he
noticed, constitute what is commonly called
tho chartered limits of Georgia, and over
Ag'-nt,” Ike. wal l ' SeTu^I-r h .Vr - which she claims sovereignty and a qualified
land which may he Itsenert unu r ims.im Within llit-se limits however, is
fie, ^ fleduetev! from t.m ao'H' 1 ' 1 '. 11 '■'‘i' I fou|)(1 ., ,, P0|) | U distinct from ourselves, who
been ceded under.lhe first and second arti
t-les uf this treaty—ami also, that it any ot
the heads of families, for whom reservations
may he made, should ret.iovu tliei'iLou),
then in that case, the rigid to ytvtrl to lhe L.
Stales.’' ,
id. A Treaty concluded hy John-I ■ ' -O'
houn, Secretary of War. wiiii the Cheri.'kee
Indians at Washington, i7tli Feb. 1819, ai.'d
jiart of the id article of that treaty, w hich is
in the following words: “ The United Slates
do agree to allow a reservation of 040 acres
to each head of any Indian family residing
within the ceded territory.”
3d. The plaintiff further shewed a compli
ance on his part with tho requisitions, and
that he came within the provisions ofthe
FROM TUT. SAVANNAH REPC 11I.ICAN.
A friend of ours has obligingly bunded us
lhe following statement, which cannot fail
to he interesting to some of our readers:
CO UNTIE*' OF GEORGIA.
people
once held tho entire sovereignty and exclu
sive proprietorship of the whole territory,
and this was acknowledged not longer ago
than the year 173i, when Oglethorpe pur
chased a pari of their soil l>v treaty—they
have been driven buck year after year, and
by treaty after treaty, until their race is but
a remnant, and their home but a spot. W hat
is the nature of their right to that home, lie
^umes now necessary for os to enquire. Il
tbcs whole country was theirs when we first
bezan •*) purchase from them a pnrt of it.
w-liat In aders the balance which they have
not parted’ .with from being equally theirs'
What treaty
nf none. They' n >>"' possess
has altered the right ? t know-
limited so
ugh ire tamo imii,'. ■■■- ——. , |-, -tisolute property in the soil
treaUc^nd a survey of hisreserve pumaHt „ n d as has been remark
>' innumerable treatie
to the directions of’ the Secretary of War, I within their limits,
and there concluded his case. ed hy Judge Johnson . them to lie
The defendant then offered ill evidence a | formed with them, ackno K uniform
* 1 'an indepenclent people, an*'
grant from the Stale of Georgia, dated
distribute the late cession oMa.id obtHiiw 1 *>y purchasing from them^m! restr^n:
le oi txeoma, oaiuu »i , f ..
founded upon an act, ‘Mo dispose of and practice of acknow ledgnvg thcir j V ^ - -
i i .t.- iuii*rh»«in!r (mill them, and estTs M1 ' u r ‘.
some otlv-r quarter. Ti is would have kept
it from the violent prejudices ofthe people,
w ho ought not to be required to decide a
question under feelings so strong, that the.
result must hecessaiily commit themselves,
and impair the character of their country.
The court considers itself relieved from
the necessity of investigating the right ofthe
general government to make such a treaty,
il having passed that tribunal, who alone was
competent to oppose objections to it, ti.e re
ceiving it under any terms by the Legisla
ture, was a waiver of all defects. It would
he a perfect farce to say, n state cam.et
make a treaty, but when one is made for it,
it w ill niter it at pleasure, end thereby do thet
indirectly, w hich by positive law she is for
bidden to do ot all. A public act of Con
gress might he altered with the same proprie
ty, for they both stand upon the same foot
ing. These rest rves are. parts of the riatiee,
the Indian title to which, Is not yet extinguish
ed, but have been detached from the sove
reignty ofthe nation, Sc annexed to the ji.;; -
diction of our government— So says the in •
tv, arid to which wc have impliedly rensi -
ed by receiving it, and acting under it.
To he convinced that the Indian title i>
not yet extinguished, we have only to none -
the provisos at the end oi the 8lb article i.
the treaty already quoted, “ that the land
reserved under that at tide, shall be deducted
from the amount w hich ha* been reded un-
iler the first and seuond articles of the tree -
iii I ty, and if the heads of families, fur w hom re-
and
Internal Improvement.—An adrertise
ment in the Montgomery Republic
gives notice that General M'lntosh
Colonel Hawkins are engaged in cutting
a road from Ivitnolgee to Georgia, which
w ill be the most direct route from Tus
caloosa to Mitledgeville. It will com
mence at Kimulgee, on the Coosa, and
run to the Mineral Springs on the Oak-
mulgee. The distance l>y this route
will be loO miles from Alabama to Genr
Senator, ilepr's.
Senator
Appling 1 1
.Jefferson 1
ialdwiu 1 2
Jones 1
Jryuii 1 1
I.aureus 1
■iulloch 1 1
Liberty 1
Hurke 1 d
Lincoln I
C'umdcn 1 ~
McIntosh \
Clmthum 1 ** 1
Madison 1
Clark 1 :1
Monmc 1
Columbia 1
Mnntg’ry 1
Dooly 1 1
Morgan 1
Early I 1
Newton 1
Effiii^liain 1 i
Oglethorpe 1
Elbrt 1 3
Pulu-'kl 1
Emanuel 1
I’utnuin 1
Payette 1 1
Itttbiiii 1
Erauklin 1 *d
Kichmond l
Glynn 1 1
Scriven l
Greene 1 ^
Tattnall 1
Gwinnett 1 ^
Telfair 1
1 laberhliam 1 1
Twiggs 1
Hall 1 1
Walton 1
llancok I 1>
Warren 1
Hemy 1 i
Wayne 1
Houston 1 1
Washington l
Irwin 1 1
Wilkes 1
lack son 1 d
Wilkinson 1
Jasper
with light rain. — About 10 o'clock, a ,,j ai ’The road was expected to bo tin-
. . . ... at p ...u:„t. . . . , ... .
ished about the 20lh nit.
[ S'd'j, Georgian]
light breeze sprang np at N. E. which
had increased, by H, to a pretty heavy
Mow. . At 12, it had assumed the deso
lating power of a West India Hurricane,
and at l o’clock was at extreme liiglit—
liaiing come round by the north, form
N. E. to N. W. at which latter point we
encountered its greatest fury. Shortly
after 2 o’clock, it began to abate in vio
lence, and by 3, was again a perfect
calm.
The loss of property by this disaster M upwards of 80,000 dollars
-there i* scarceR
Th venue of Pennsylvania.—The Harris
burg Chronicle states that the receipts at the
treasury of Pennsylvania for the last nim-
months, exceed 5310,000, and that, it is ex
pected, a further sum of $60,000 will In-
paid in oil the same account during the re
mainder of the llnaiieial year, making a
difference in favour of this year’s revenue
compared with that of the preceding yeat
Las been very great
a house which was covered either with
slate or tile, that has escaped without
injury ; many have been entirely un
rolled.—Several wooden houses, sun
dry sheds, carriage houses, and fences,
besides numerous cltiir.nies, were blown
down ;—most of the ornamental and
fruit trees, were prostrated with the
ground. Goods and Merchandise of e-
very description, anJ to an incalculable
amount, have been partially damaged,
or entirely ruined, in the stores which
were unroofed.—It is, however, im-
|iO*«ible tn form any thing like a current
estimate'of the value of property thus
destroyed..
The most melancholy part of our do-
tv, er. this heart-rsidius occasion, re-
V RESID E NT1A L QU ESTION
We insert with much pleasure the follow
ing just and sentient remarks, from the
Uepi'uucan Sentinel,” of the city of
New--Yolk, of the tilth instant :
The next President.—This is n subject
presenting a greater field of newspaper con
troversy, than perhaps any other (hat could
lie agitated at this moment. Indeed the
editors of papers throughout the union
seem to have availed themselves of the op
portunity which the occasion presents,
indulging in the extensive variety of opin
inns, to which their own private views, or
the pi evading local opinions, may give rise
[t is to be expected, from the number of
candidates before llic public, that a consi
durable degree of excitement and warmth
must attend the discussion of the relative
merit aad claims of each ; a- w oil as au cx-
Senntors59—Representatives 107--Total ICO
uEsrccriVE inflcknces ov districts.
Eastern District, composing of the Hen. Hep
counties of Wayne, Camden, Glynn,
McIntosh, Liberty, Bryan, Bulloch,
-'.flingliain and Chatham—nine eoun-
K Total 23 9 1
Middle District, composed of Tut-
all, Emanuel, Burke, Jefferson,
Uiagton, Columbia, Scriveu and
Richmond—l-i . 111 counties, Total 3G 8 1,
Northern District, comprehending
Lincoln, Elbert, Madison, Warren,
Hancock, Oglethorpe and Wilkes—
seven counties, 'Total 27 7 2
Western District, comprehending
Rnliuci, Habersham, franklin, Walton,
Gwinnett, Hall, Jackson, Clark and
Newton, nine counties, 'Total 24 9
Ucmulgee District, comprehending
Morgan, Greene, Putnam, Baldwin,
Wilkinson, Jones and Jasper—seven
counties, total 30 7
So id he i n District, composing Lau
rens, Montgomery, Appling, Telfair,
Irwin, Early, Pulaski, Twiggs—eight
counties, 'total 20 8
Flint District, composing Dooly,
Houston, Monroe, llcny, Fayette—
five counties, Total 10 5
ed from the Creek and Cherokee Na-1
lions of Indians by the United States, in
the several treaties (among others,) one con-1
chilled at the Cherokee Agency, on the 8lh
day of July, 1817,” passed the ISth Decem
ber, 11118.' And also an act, “amendatory
of the foregoing act, and tn dispose ofthe
territory lately acquired of the Cherokee
Indians, by a treaty bold by the Hou. John
C. Calhoun, at the City of Washington, on
tin- 27th day of February, 1619,” passed 16th
December, 1819.
To this grant, hy way of demurrer to evi
dence, it was objected, that being laid with-
in a territory, where hy treaty it was forbid
den to be laid, it was illegal, and ought not
to go before tho jury—that the plaintiff de
rived his title from a treaty of the United
States, which was higher authority than the
acts of the State of Georgia, under which
the defendant derived his title—that both
titles professed to coinc from the same trea
ties, as will appear hy the foregoing state
ment ; lint the plaintiff having the first title,
and that from a higher power than the de
fendants, his grant was void.
To support these positions, the plaintiffl
read and relied upon the second section of
the (Uh article of the Federal constitution,
(„ wit“This constitution, anil the laws of
the United States which shall be made in
pursuance thereof, and all treaties made, or
which shall It made under the authority of
the United States, shall he the supreme law
of the land, and the Judges in every state shall
he bound thereby—any thing in the constitu
tion or laws oi' any sidle to the contrary,
notwithstanding.”
Thus, then, the question resolves itself in
to this plain proposition—the court has be
fore it, two contradictory laws—both can-
nnt stand— 1 which must give way ?
But for the uncommon interest which this
case has excited in the counties where the
question arises, it Would seem there could
he no possible difficulty in the decision ; and
where that interest is not felt, the surprise
will be, that any should exist. It will be
readily conceded, that this, nor on other
| court, can enforce two opposite laws, even
y purchasing Iron) them, ana 'csirs. ■•■-r ; s ', v;lli(ins mav he mad.-, shall remote th.-n-
persons from encroaching upon their <-• j,. in thi , t ,-ase, the right to rrart
tnry, makes it unnecessary to uws u,..- 1 M Uni(cd Slates." So that it plainly
their right o soil. I h.sjiroperty hen ot. ^ „ W1 , ri , n0 , included in that ersvi-n-.
theirs, all w ill readily admit, can nut he oh | pi J
..... 11 inn if abandoned, Georgia could not ban-
tamed but hy treaty, as heretofore .inquired a net' i(||]oflll( , m unt it othcr«r.d fur
from the first settlements of America down £« n J’ haJ takcn p | m . will, th.
to the present lime. Who lias the power I thcr arrari.-en 1 ''8 ” P'
of treating with them ? Not Georgia :-F«r B-ncral g„v b rn.acn as n In, I.l i >
Hy tl>0 toil, sac. Of the 1st art. ofthe Fede-1 taken ^"".rritnry? Nmv.
rat const,tut,on, she has consented .I,a ‘ no “the pa t f Ik n „ Mlin|!ui#hedt our 0 «
state shall enter into any treaty ;
the 2d ->c. of the 2d art. of the same inslru- constitiitnm
ment, she has agreed that the “ (‘resident,
with the advice and consent of the Senate,
(two-thirds concurring) shall make all trea
ties.” Thus then, without tlie aid of the U.
States, it would be Impossible for Georgia
ever to obtain this land from the Indians—
for she has precluded herself from the right
to purchase it. Of this, she was so
that after describing h
L-nsihle,
inphafU'ally declares that r.j
disposition shall take plvcc to any individual,
uf any part ofthe state’s territory, unless ti.-.:
same is first laid oQ'into a county, “ and ti..
Indian rights shall have been extinguish.
thereto." This part of our constiuiriun
intended,it is true, to prevent monopolies e:
large bodies of the Indian lands, and was, r.J
doubt suggested hy the infamous la/.,- 1
limit's in the 23d fraud—hut it is equally applicable to sir
section of the 1st article of her own cousti- j bodies of land ; and whether the fcsei v v- • -
lotion, this remarkable proviso is added- 100 miles, or one mile square, the p mr , lr
“ that nothin? herein contained shall he con- the same, and cannot Je sep.ua Co 1
Total 160 63 107
The Legislative influences ofthe respective
districts, then are thus :
1st. The Ocruulgeu or Strong’s Judicial cir
cuit.
2d. The Northern or Dooly's,
3d. The Middle or Montgomery's,
4th. The Western or Clayton's,
6th. The Eastern or Charlton’s,
6th. 'The Southern or Harris's,
7th. The Flint or *
♦ To be elected at Iho neit LegjL'.atarc
tire works of nature, such an attempt will
produce a monster. 1* e must tli* n look lor
the supreme law, and all must agree, that
such, when ascertained, is to lie obeyed.
In support of tile state grant, it is contend
ed, that the United States had no right to
make such treaties, and that Georgia, ac
cording tn its asserted and acknowledged
rights, both as to sovereignty and boundary,
had a right to issue this grant. Let os can
didly and dispassionately examine this doc
trine—and in order to do so, vve will go to
the very fountain head ofthe rights set up for
the state, and trace them down to the pre
sent question.
In the 17th year of the reign of Charles
2d, that king granted to the Earl of Claren
don and seven others, all the country con
tained between the S6th deg. 30 min. North
at. and 29 deg. North hit., and from the At-
that nothing herein contained shall he con
strued, so as to prevent a sale to, or con
tract with the United States by the Legisla
ture nf this state, of, and for all or any part of
the Western territory of this state, lying
Westward of the river Cliatahoochie, on such
terms as may be beneficial to both parties—
and may procure! an extension of settlement,
and an extinguishment of Indian claims in,
and tn the vacant territory of this state, to
the JCasl and .Yorth of the said river Chuta-
hooehie.” And so essential did Georgia
consider tho extinguishment nf Indian title,
to an undisputed claim to that territory, that
the above rut-iled section concludes Oy de
claring, that “no sale of territory of thi*
state, or any part thereof, shall take place to
individuals, or private companies, unless a
county or counties have been first laid off.
including such terri'ory,andlhe Indian rights
shall have been extinguished thereto."
Now, to carry this 23d section of the first
artielo ofthe constitution into effect, and to
obtain an extinguishment of Indian title, two
acts were passed by the Legislature, vesting
a power in certain commissioners therein
named, to make a cession of territory li’est,
anil obtain an extinguishment of title Kurd
and JYorlli of the Chatalmochie. Accord
ingly, and in pursuance ofthe authority giv
en hy these laws, the commissioners, on the
24th of April, 1802, executed vvlrat is noto
riously known by the articles of cession, in
In cGiKiilling the numerous Indian Ire..7
that have been made, there is scam I) «" '
that has not similar reserves to those, m t 1
treaties before us. They have, in on i
stance, as far as I can learn, been confidrn
nullities, inserted in treaties merely t 1 '
duce Indians to sell their lands; and tli* !
having answered that purpose, rejected as
gross imposition upon the white people."
The state of South Carolina had a -im y
treaty for the upper part of Pendltton
tric-t, which was magnanimously and l.m"
fully complied -til ocpanur mai *.
But let iis come nearer home—the la p
lature of this slate has itself setth d lie fi l -
tion, in tin 1 laic treaty at the Indian Fp:" ,
in which reserves were made, and have In -
duly respected. But it may he said thr-t
w i re Creek Indians, they fought us m.uiF
ly in the late war, killed our people, •
plundered our frontier—hut the Chermo 1 '
w hose land we now seek, were frh rail;
us, helped our cause, and boldly fought th-
very Creeks, whose reserves a;c saww"
Much reliance has hern placi d upon
case of Fletcher and Peck, to shew tint
slate may grant land, to which the I <
title is riot extinguished, and that in th■
case, it was determined, that all tire In 1
lands within the limits ofany state, hi lur r
that state in fee-simple, and it has pc
which, after ceding the land from Chula-1 grant them. My principle object forgo 11
hoochic to Mississippi, tho United Slat
“ at their own expenec, agree to extinguish
for the use of Georgia, as early as the same
can he peaceably obtained on reasonable
terms, the Inib n title to all the lands within
Hie state of Georgia.”
If, then, the state of Georgia has no light
to make a treaty, as has been shewn, surely
site can have, no right to dictate to the Unit
ed States what kind of one shall be made.—
But she has a right to say w hat kind uf one
he will receive, as a compliance with the
in the commencement of this opinion, <
einet history of the limits of Georgia, "•
w ith a view to meet this case—To a c cer!
if possible, at what time the Indians h’ - 11
absolute property in this country, and “ 1
the state of Georgia acquired it*/i e-sw’f
No treaty, no historical fact, that 1 can
determine* this point—for my own p
can see nodifference between the right
the Indians now hold to the little I " 11 !
them, than that which they held tj i: ' 1
Columbus left the Euioprun slmn-'. * - 1
not he by conquest, for that appl’u" j u
hove mentioned articles of cession, and as
lantic to the South sea, which territory was! carrying into effect the 23d section ofthe I onal, and not individual property
called bv the general name of Carolina.— first aiticie of her constitution. Now, the I have given of lhe settlement i
Thy wa- -ttcrna.-d* di'-.dod into Nuf-h and 1 proper tribunal for deler:«uiuf thiu quesli- ol Georgia, shews •.!: • ti.;