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, nf" Siak ’ an(1 tI,C
tl^^r^Hri^ictlQn. Tl.» fipniii.mce
,s ‘ >,10 discus* niiv sill'll claim ot
M ^ iLrtposUiedyU deny tri er-
“* wouM ftdnui
r
r'" er ’ ^Dipc'iiMio,' itsiili'
!>lcnc" I,, ( .. . i.itmU>tlUv in t|i.T*cl«lm
Hilly »',■>
' lio sovereignty ot the State (Jo-
■* v,th innsniiioli ns tins cxeicise ot it
lernl G tvermuiMit vvuulil, in the
mnnt mnlnrttie present Constitution, it is
Itnoivn that doubt* weru entertained of
tlie propriety or lleconsity of ratifying them
l»v nud with tlm ftiivieu and consent of the
Senate. Tlm reason why these doubts
were resolve.I in (itvor of ratifitsiuioji (and
onee M.lopie.l in piartice, no reasonable
exiiuse could bo t’ountl for quitting it) is
now Wull understood. Mad the Fodornl
government obtained by cession from the
vrrmte
by lb? 1 IV. 1 ... 1 rVi>; States of «(/ power In do- j States, previously to the (Jomwitutimi, all
shall be the condition', and eAif-1 the Territory which i
,i deprive
„ what “
’• Ruin'"" \»*.
dcr
al
riiut
.... - ft has since acquired,
'.Is of any description oft/me ii is scarcely manor of doubt whether tiny
. iinwer which tlit) (southern j Indian lYonty would cver'fwve undergone
the formalities of rutilicntiou. They
would not have been railed Treaties, but
mere agreement* between tint Goveruuieiit
by j and those subject to its authority, lint at
I the lime of th« a (option of the Cotistitu-
tiilmit
u ", I -i ,„/« u.power wl
I '" M „ hl M ,,*—d>tre not, resign into ft*
‘‘"‘p,..,. bands than their own* •
n. v _ 01, ...... oiawer is cotiterr •
on tbe Fe
int in these respects
ike Treaties
jl the -
i 1
under the
|3t p.miuh »vlikh ivij' be made, j tion, both N. Carolina and Georgia own
' " il is subject i f eibpi.iry, is, flint the I e«1 western territory which, theretofore,
n |!J " ' ,f ,|,V4 power between two par-1 they had poshii'ely refused to cede upon
'''^''"Teessm'ilv carries with it the idea j the tteriuB that Virginia bad. The Trea-
'o'lli pa i ties possess sovereignly. Hot; ty making power, conferred in gtneral
! ‘ lJl ,( of roasotiing which we have j and broad t/trim, (though evidenily intend*
,,I ha ooFrect, it lias been shown that ed to extend to .foreign governments, as
11 " ' hi tVibebufo nOf sovtretga ( bqtthutj lodepeiident and sovereign in character
ns was that of the United Mtntes.) was
ludil upas arid intirroremtq constrain
the Hi to ft cession similar to that made I
Virginia,, Without giving i|ip sanction of
ratilieatidn in couatitutioual form to these
bargains or pacts mude with the Indian
tribes, they eoiihl not bo calle.l Treaties,
ar\d tbereforo the Federal government
could not claim tlie exclusive right, of mak-
I |o pads or agreements made between j Ingihem. Hut by giving them tbnt'clinr-
" peilcral ami Hiuto Govtriinionta. Ma-1 acter, and by refusing [„ ratify such as
'druniiuoih sore
of Groat Britain
nil .Slates of tliis
lU.iV \\FlC Jt(f ,
'!; ■„/,/ andrn t ' W
*wl tlifn iJ**? scvoii
!'- l>l 'n • and if so, then the idea ofindltiiig
-e l ", ;.»wiili them, in tii« (rue and leglti-
, uc jiciiiw of the word; is worse thHn.ri*
dl Vi'^vTu readily tie admitted lint this
**„ „f power was not intended Jo ox-
qm«!
'•vmV-'
urli liavft bepn made, yet no.oue ever i should be made by tlio authority of the
Veil that they should bj ratified “by Bmtes, who wetn restuinod by iho Con
i, .Ii.? advice ami coliseut' of tbe 'tifuiipn/r»t>i tuakfeu; Tntniiia, it was be-
•Fc
oiiseut of tb
idous from the,
ral Govei nmont
rritory Idasl of
villi the ai
'fiie
■- lies by which lilt;
i.iic1i uo extent of
h.Oiissipi'i, were of that kind. Bur
lll,! '- is never eoiisidered or latifmd
Vet, it is tint ba'/.ardiug
that the {dales cluim
ucy
['ret, no'
.vaudi to rtfty
It} tin
jU'OSi
I ( s.yi'ctse
S&vereiguly a tliouHiiiid
bit supposed U>cx-
*fibe nr tpbi* ot Indians witli-
•if these
tin 1
jsi is a' 1 )'
in the limit ..
ilegrjliliftg tl> ■
considered aft sovereignties
im»de with tboisc
ii tad
ttiili 1
stales ; and it j-J not
dianti ler of the
lliat
or agreement#
*• - o-i- doiiiiiiUP auvefolgnty,
Under their
pas
IjffHm tir.lkrig Treaty 3, it was be-
leveU, (aiiil the result lias proved su»., u
fill for the estahlisliment of Federal powei
ill this respect) thnt the stales could ulti
mutely be constrained to cede their un
appropriated territory. Tbe plan bits
succeeded -■-yet it is known t|lut souni of
i lie Mates have subsequently proceeded, of
their own power tuid authority, to extin
guish the Indian title to lands within their
limits, and the validity of felted) purchasey
has nut been questioned, much less un-
uuUetL*
If there be any force or truth in the fore
going remarks anil arguments, tbe obvious
inclusion to which they lead is, tlmt tlie
through rJ>" Co/istitutioiml I Federal govenunent lifts not nic.juired the
as Treaties, while VCtu
s made wit I
r-ucb for-
t|i..iiisclvfS,ttM Stud to rei[Un o no
file si'rond remark which vvilf fm.mftde
j. unit anterior to ihe Uuvolution, » ,s l;o; -
fn.ova or believed that pacts, agreements
u J; ,,| 6 (Mill the Indian inlies. were eWc'i'
P 1 '
ercluaivs right by eiilier of ihe grantsof
power in the Com titiitiou which have
iioim adverted to, to appropriate the lands
within the hunts of ni.y State, whose right
they have not Required by c.essiol), or to
nvtimpiish tlicj Indian tii'c, or to extend the
peration of the miuiici|(e| laws of any
“whole number of fieo pnrs.ws, includ-
“ ing thojfe humid to nervine <Wwa lerm of
“yoars, aipl excluding Indians not taxed
“ three fifths of all other nenti/V.’l In
the very exclusion from ♦pumnnAiou of
“ Indians not taxed” is involved Ihi ad
mission that there were, in the stales,,'* In
diuns” who were ‘'taxed.’' By wioin
taxed P Not by Federal alv'iiority ;j(br at
that period, the Fedural goveruiutniHCuulil
levy uo taxes. By (be Slates thin, of
course, in the exercise of sovereignly j’er
all within their limits. It tl .es n.n re
quire argument to prove that purtiins
taxed” and residing rt/ukiu a State, are
“meinhers” Of that fatale.
But it may lie said that to this power,
tis conferred in the Ooustlifliiori, there,irf
not annexed a. provision such as that ap
pended to the same gf.tnt in the tmilfeile*
ration, vi/. 11.(it ** the legislative rights of
any State, within its Me ; tiwii, he not it.
Iringod or violated.” Hindi a provision,
indeed, is not found iri p'rooiso-iuords, tint
exists in fact, in the constitution, upon an v
fa if principles of cpnsiruetiotl.' Tin; emn-
mittoo luive attempted to prove that tl)«
Federal. Eovemmcrtt has not the eoit-
stiiniional power to apprqjlriute lauds
‘‘reserved to the Indians, as limiting
grounds” where it bad no chiitp to tbe
soil; hr- to make the Indians, with in
the limits of a state, tbe subjects gf muni
cipal rcgiilatioii, and ‘‘ memhyrs” of such
state. They have likewise al tempted to
prove that the states, not only bad a rig'd
to exercise, Imt did in fact exercise, sucb
powers, ns admitted both in the eonfedc- (found t hose
ration and lluieonpiitutiun. it is• otiteiid-
r l ll. ai, ti..tt* the objected d' l.cico.'y ol
this tiroviao"' i* -t ij.,,,tly <v..|!pliv,.l hvUie
words oftlie Dili and lOtn itmenilmentjnf
tlio Federal Constitution, adopted upyi
the expressed demand of tins stalev, and u>r
greater caution. Tltey are ns fullowH—
“ Tlio enumeration iii the Cotistilutioiifof
certain rights, shall not bo const rued to Je
na or disparage others retained by the peo
ple, “ amt the powers not delegated to the
“ United .States nor prohibited by it (the
“ Constitution) to the states, are reserved
<l to the states respectively, or to the peo-
“ pie." \Viiboiit npplyiirg some rule of
construction'ivliieb would be ilestntbtive
of all state sovereignty, it cannot be said
that the Legislative rights- of the state-
tints expressly reserhed by tbe cpnfedet’at.ion,
evidently not grained to the U)Staffs ex-
expressly,or by fair, just and obvious impli
cation in ihe Constitution, nor by it pro
hibited in any clause, lo tbe states, can yet
The cession from the State of Virginia
II. Suites, eo imins the followingo\-
ionft : A tier providing by way of cent
dilion, tlmt the ecd»d Territory should be
formed into States, it declares “ that tbe
“ States so formed shall bo distinct ropub-
” lioiiu States, and admitted members ol
“ tlio Federal Union, having the sain ■
“ rights of sowreignlii, freedom «nditt
“ pen den ce as other Stu'cs.” But tbe same
instrument contained a qualification to the
above which .mild otherwise have con
ferred upon aiiv new jjtate formed out ol
(lie ceded territory, lipil. tlm high and the
ay fa I domain, us possessed hv the State of
Virginia, ntid then by tbe United Slates.
It is in those words, “That all the lands
“ within the Territory so ceded to tlio U
“ Stales, shall be considered iisacoininon
“ fund, tor il.e use and honefit of such of
“ the United States as have become, or
" slii.ll become members of the GhtiHmlo-
“ ration or federal alliance of the said
"States, Virginia inclusive, according to
“ their n*mil respective proportions In >lte
“ general charge and expenditure, find
“ shall lie faithfully and bonaJidc disposed
“ of fer that purpose, and for no other use or
“ piypose n'liutsotm r"—fane 1 vol. Ij. U. S.
p. 4<&) The cession froni Georgia coii-
taius similar provisimi.s, expressed in al
most tlie identical words (see jb. p. -bid.)
lo the provisions of those articles ot
cession, ami in the power conferred first
in the Confedoraiimit nnd subsequently in
file (Joustitution of tbe U. States “ to ad
mit now States into this Union,” will lie
“ principles of the Federal
tdiurstitiitifni” anbscqiiently referred to in
the i rcaties wilii France and Smain eu.i
iug ic v... .j-. urairj, laouisiami, and r lori-
tla. The principles are, That out of tlie
ceded Territory, new Slates shall be form
ed—that such now States shall be. adurtted
into tlie Union, with the same-rights of
‘ foverdgnty, Ireedoui anil in dependence”
of tb# original Suites, providnt, the new
States will consent licit tlie soil or waste
la a/s, within their territory, shall be consi
dered as tlio common find of r.ll tlio States,
and be faithfully disposed of for their use
and benefit, and for no oilier purpose. By
referring to the nets admitting several new
States, it will be found, that those provi
sions have been accorded to by ul| of them.
Turning to the act authorising the people
ot Alabama to lurni a Constitution prepa
ratory In'admission, one oftlie irrevocable
Conditions proposed was, that tbe people
of Alabama should fordver “ disclaim all
right and title to the waste or unappro-
,1 upon the high footing of TreatU'S.J State over the jwwsoms of the Indians,
cum dialed between independent sovereign- j ftoivover well qualified they may have
lbs. .mil therefore requiring llw li.rmali- ))."tn rct.dcied for such a jmlitica! opertui
uf ratiiicaiiop by (lie ctawn to give
(Ii.mii force or validity. Ii Ikdi'.tt tieliovud
t!i:u Miiv instance of such ratification is to
hcfuund on record -certainly none lift
and Consequently, that as alt tliose
riftbts /md poivers, having existed in, and
in mam instances been oxeicised by the
States, before the adaption ot the Consti-
bccii discovered bv the hasty, researches of j jtitioii, and were not yielded by that in-
tli,. cmnirjittea. Where the crown bad I strument to tlie Fedci-tl government, nor,
milted il.e lands ..ccnpietl by the ludi,- | fay ufty fair primfijilra of construction, pro-
' L>)f(U IVoprietors, j h’ibited I*> tlie Htafos, they are retained by
them, turd may be racraised at discretion.
In siqqvtct of this conc.lusion, the com-
inilteo wlij .observe, that nlttiough th 5 .*
articles ot'cunfeT'a af ion have losttheit obli
gation, yet’as ).n Ibro said, they may be
perly^'elurr ”d to aa afibr.liiijg a
ttus in com).allies,
they were left lo make their own bargains
for the extinguishment of Indian tittle,
the validity of winch never seems to have
been questioned because oftlie want ot
riuliuiiion. in cases where, the lands
I.ml not heeti granted by tlm crown, or
v.ucrc the elmrtogs were surrendered,
Iittrirains (now and perhaps then cal
very pr.., , ....
key lo the cgi.strnctiou 4*1 the Constltnti-
By the fi.rmer iii&tru''net.it the poi
ho exercised by the U. States. They nre j” priajfed lands lying within that territory ;
then "reserved to the states,” and ought'r 'auatuEt rite same shall be arid remain nt
o again repeat, and we apeak ad
visedly when wsay,, that Mr. Oalbonn
will not l.o withdrawn. Wuda thy same
when we say, tliut Mr. Vun Huron hart no
wish to become a candidate ; and that
tl.o friends of Goh> Jucksmi urn deter
mined to take uo slop which mav subjwt
them to tbn imputation i)f bargain.”
Tlie Editor of the Albany Argus states,
that in his intercom's# qoth ibe republi
cans, in nud out of the Legislature, he
lias found no individual among them, who
is f.ivoraldo to the idea of supporting Mr,
Clinton for the Vico (’residency-nor is
lie “ aware tlm republicans desire that
the Viee-I’rcsideat should be located in
this state, (N. York.)”
raoM titf mciiMuvn cxaimisa.
WAT BUfe'.S HUS MU AN t .
U'c are hi.lpble.t for tlm fnltewing article ,to
tlie p. ii of n most .cspnrluhlr Correspondent.—
The circinqttnQctMi, to « hioli lie alludes, toncb-
h'tt tie: M.'xieiui ficaty, ore entirely ank.iaw.<
lo us—>.Ufi )vo eo.ifesa that, our curiosity as novv
strongly cxcllyd—and wo shoqjd tgii|)k an/ iq*u
far luforiilliMoa: ■ - . ■
TO TKK LIltTORS.
We have l.oeu (tecustoiiicd to hear, for shout a
your past, n cA.itin.ml cty egninst ihe unprii.ch
plc.l opposition in the Senai.',, which opposed alf
il.e iqitasqi'os pf the admioistrqU.i.i, rigid or
w.ong. People ha ye been t a.igl.l to believe, that
every thing was opposed ; ivheu, in fftut, not one
inousure in iwcuiy. t.f tlio n.Jiiiinistr.Uioii bus
met with op|.h£)liuu, mill of those that Ivive,
there is not one in which lltu conduct ot the fac
tious minoril fis not approved and sustained by
the old Hepuhlicans of the country. Witrtess I
Ihe i‘iuitiin« Mission, foe oppsirttur which ltv>
m-.Artiv of lhr. rt-tniie watt oyerwhehuod with
denunciations; and in snp(>ort of which, scarce
a solitary Uepul.lican cun now Ip! found. Iftd,
is lb. re nothing behind the c.irlnin on this |.ninl?
Is there no insiuhce of a recent opposition, to «
very particular executive iitpalqro, in which the
atlininwtr.iiion ha.e liven tuf.icd roulut, ohd
euinpHkid to ih( their work over again,'and of
which the public has hear.t not a- wold f Ant I
understood / Is it I.now.) what lias became of
the treaty w ith A'Jeiico, which was signed last
August, ratified by the Mexican Congress Iasi
January, sent to the Piesident of tha United
States- Inst i'ehiuniy, and by him imuiediatrly
mibiniheil to the Senate for their advice and fa-
miration 1 Is it known, qhat became of this
treaty, and w liefcfore tl is, lliul (he same Sena
tors who wore .abused without mercy for oppos
ing the Tatiaina Mission twelve months ago, are
now treated with such deferential iilence on a
more recent mid more important occasion 7—
Certainly no item of intelligence could lie nun#
agreeable to the people than a knowledge of Lho
fuc of this long desired treaty, Certainly iio
act of their own factious conduct could contri
bute so etVrCtiiHllv to disgrace the opposition as
• — -e—mseyr■- ;
Notiuc. ^ 1 *
rrillK pj|rft*»r»htp which hqpntnforf yultsistytr
M. between Hm-itioS. VVUiifieid U .lame* if.
Oeityge, has this fttyr been dissolved Jt» mftipgl
consent. ■' ’■ 'V*
II. a WHiTTlRLD/
3. If. q^oRaL.
N. B. AH persons having business with me il)
relation to the above copartnership, wiil nppiy
to Mr. IVm. 8. ti. Itei.l, Jones County, Clinton 1 ,
who liav co.npetetil authority to represent me us
a contemplated absence from the .State.
J A MKS H. UF.ORGE.
Clinton, .Vprjl 3, l^-!7 "10—3«
:.l T.
ivere h,.t<ln by. tlio Colonial [ was nl^ojjiycn Ab.Cotj^rfiCS.fo w ttOftkc uml
; e under the Jtu.cf I ant tiority, 6c ! concliido Troutios”—yet as tb *> cojngin t L’ 1 '
think they have shown, this {il'u’Jm di<i not
tfstuml, nor was it coiiRtnieil 1<T extend
to a prohibition in tlio States to iTiH'* 10 a,,f *
ednclutle pads or agreements vvjlli lb” J' 1 "
diuiiH witliitr their limits, cxtiiiguis.mMg
tlioir orMtnjinney of public and unapivo-
jiriattiil lands, nor, as will be presently
, pot--.O'Vii tn believed by the commit-
p : . .ipuratlfiratitm Is-aseverilfemed neces-
t-ary to give them full force ami olijcary.—
During the period between tlie udopliott ol
tlivitruclfisofconfederatmn tihei'onstitur
tic, uch hat-giiiii's or iigre.-tniMitu were
m,i. fiv tin- .States with the Indiana with
in their own limits. In sotpe slates the( seen,to copstitiititig \\ietnpersosially. 1 'mem-
form ol'adcetl was given to them, asin tlie
State of N. York. In others, they were
lmule in tlie ibnu of Treaties- as in Qeor-
gin. Whether n.ado in one or tip) other
l'rotu, raiiixeution by either the Federal
or 5*101.: government does not apjtcftr to
ltave been deemed necessary to their va
lidity. In tlie curly period oftlie govpm-
lero oftlie State.” In like manner power
was given to tlie old Congress by the same
instrument, for “ regulating the trade
“and miuhiging all n (fairs with tlm lodi-
“ an:-, not members of'any of the flutes, prp-
“ vided that tlie legislative-rights of tiny
“ Burtc u.ilbin its oum limits, be not infringe
“ ed or violated.” By any fiitioual cen-
struction of this grunt of power, it will be
seen, 1st. thnt tlie Indians were and
might become “ members" of u State.—
<^uo modo'i Surely not by uuy ordinance
of tlie old Congress declaring them trticli
under the power of “ regulating trade
and managing uligoncerns” “ with them,”
and if not i/t that way, the only other tne-
of r.theusiup. the Indians within the limits of any j tl.o.l washy tlm States, extending over
Mule, the claim of tutc-li u powut iu regard tp , them I he operation 'of their law a, mid by
* The above remarks in tlie Report hnve led
t'i ceitain reductions, th which we feel con
strained to give utterance, wishing them to be
viewed vutber as refitetwns deserving of deep
consideration, than aa expressed opinions. 'I l.e
principle combatted in tlie Report, is the exercise
of a power by the Federal Croc eminent, first to ci-
rili:?, ami afterwards to admit to the privileges
the Indians w ithin the limits of any slate, iti
volv.s necessarily, the claim «f u power in the
appropriating the Jnods.ih their occ.iqmtt-
y. lid. It will ulso bo seen .tliat tlie
same government, to .lctermftie nt its discretion, I p„, ties to tlie confederation, had
v/luuslmll be die condition mivl rights of uuy of
tit? inhabitants uf n 8i«(e II i« iimnofeiirti i»n
hlf, within their own limits ot* Legisla
dcr wl,:„ grant in the Consth.uion this power is j t.q.h JVlftch tl.sy vyould not permit to h
ederpl tioveinmbn't; if olni.ned i “ mll'lllgctl or \ tolft(ed. - \V.tat WWi
"d by the Federal Governinhn't
ft'-xerclsed with regavij loone description of iu
habitants wit bin the limits of astute, it unit be cluitn-
cd with equal plausibility in regard to any other
description onh/ttiiifaiiii. I ft he i-gderal goveru-
uipiitcan exercise the |.owi'r with regard to the
Indians, (who are a colored people.) why not ex
tliose legislative rights, o.ther.tlmn to ap
prqiiriate tbe lunds within their respective
(inn's in the gccupaticy of the 1 udians, and
to extend thfl .Ojiernjion pf their munici
pal |n\ya over tb.e persons of the Indians
so ns to mufte them “ merit
w "y not ex- | .t , i.,g|„ B i
f T m th ofUm Stuto ? None Others of impor-
mu ‘ xcrcise of such a iiawiir uiulor tliu j ’? , . . , , . '
to “regulate commerce with the Indian tribes,” j tnnAe m connection with the Hulqeet un-
or lint lo 4< pass uuii'orin lavv^on th« subject rtf' dtii' COnsidcrntiOHj CHI) l)C coijccu C<1.
pass
nainnlization” or to
luhject rtf j
maUe l ifaties,” would [
Froiji n comparison nf tlio powers thus
Mdii.it nf as much doubt and dispute as a power j crjl ,f ei - rl , 4 J oil lite old Cong rosy, with' tiie
al L' lt Ip! corresponding powerugnn»*><i i.. tl.o Con
e .°* U n .. stitutkon to tii« present l 4 «*de*al
• adnut tlio free negroes in any Stale to al! the
of oitiecus, under the^-rant to
commrrcp among the Staton” or tin* povyor to na-
I'traiixc, m to prevent the “wfgrution oriitipor-; nioftti i*u |.„
tatkni” of person* of colour-The exercise of| llitfAl'ence Will be perAeiyeti. By Ute ljt-
rttitjjtiott to tl)H present T o.letal govorn-
it is believed that no remarkable
• ■ nrJ 11N Ul tUB'UI • x. jvx.» v me . • , . .. * »
any such power, hy tlie Federal Government, ter, the power is supply to ic^uiaie
(wnich uow claims to be the exclusive judge of its <*oionieTCo with th^ Indian tribes. jjy
» powers,) would necessarily preclude the ex* f
® rc ise of the like pow.^r by the. because
mtlip casRofa conllictmg e^rciseofpowers by
the two Govern merits, tlie fashionfilde .doclrine
K that tlie Stat**3 tndBt y ield to the Fe/lurai C»<»-
J’ernmniu, whose acts are said tf» lie’ 4,1 s^tpto^ntt.’ ,
^heioni t> f the whole matter will be, that the
rt/a/cs will be robbed of nli power tq 'determine
v >hat m or shall ht tlie coiulilym or rights pf nuy
portion or desci iptiott of their inhabitants-
^ ‘Ihe doctrine of the.Soutlmrn Stales is that
\w\y coloured population, whether frei or bond,
0re Jl °l and never inert cithms This principal
well illustrated, mid ^tbly sustained l»y the
*h>n. l.nwis Mc^ane, in one of his speeches on
the Missouri question, wherein he proves it .ui
• ar ,l! » tho principlesof national law can sustain^*
\ ] y position. Wekuow that a contrary dortiiue
isnuiinuim d by some of our northern brethren.
”e of tlie South, however, must view them ps
*? eri1 inhabitants, (not cili&Lns,) and peculiarly
tu snl»jects of stute municipal regulation Con-
snlering' them in that' point of view/we oughr
v ell to deliberate whether we should permit flif*
1 rdcrjil Government nt all t6 interfere with the
coloured inhabitHuts of the Territory of a State,
flsrespectg the exlnision or Innitatlons'of theit
pH as For let the question be examined when
tt " id, it will he loondthat the extension of rights
the Indians oithin a State, dille.rs 1'iom tl»*
, n ‘'^h.-udon <-f risjlits 40 the free nepioer and
• ,HV, ' S w 'diin the sante limits, ally in the shade oj
colour'hot ween the two races — Abstractly. $bere
14 no diu'emice.—
tlio ponfdderation it whs to “ regulate
trad5 i:till manage all nflaira with the In
dians),” being, if poeuibic, linis lar more
eplarged than tlie grant in the Constitu
tion ;fuT it adtnits no.t only that there is
tnult or commerce with tbe Indians to be
regulated, bill other 't$'Ji<,v requiring man-
iigeinei'd. But ip tlie .confederation there
isaii exception wjth regard to such lutli-
ans ns were admitted to lie ‘t members of
any state.” |u tlie 2d- section of tlie 1st-
article-bf the constitution, there is u simi
lar adtpirtsion; an admission almost in
words,'that the States by tlie mere exer
cise of its sovereign' rigilt of Legislation
wiihiji tlieir own limits, calf eliange the
character und Condition of Indians ttuii(
tbit/ of “ tribes” to be “ meiultcrs’’ of
their social bodies. In fixing the ratio by
'which' representation arid direct taxes
shall lie apportioned, it declares that it
shall be “determined by adding to the
* Tliis is true particularly with regard to the
great State of Nen-Vork. itreendy these pur-
aliases have been nconnpanii'tl with the. forntti-
IHy of tlie aucu.tam-.' of a comiai-Moncr oftlie
U' Suites/ But at this nunnent tee government
ofN. Yoiii-is tiuhfleieiit abunt ihc-t alilicalion
of such purchases by tlie Government of lho U.
State!/
not to ho infringed or violated under t
present, more than under lho old form of
government.
3d. The third position assumed by .the
coiUtnittee, and which it is their business
now to attempt to sustain is, that several
oftlie states, (and among others Georgia)
by corn pair and cession, surrendered to
tlie Federal Government both tbe “ high
and useful (lomaiul’ and the “ empire” at;
held by llte.ui, to,certain defined ports of
their Vacant and unappropriated territory,
retaming each to itself, all those righis ar
to oilier parts not'cedcd, in so far us they
were not surrendered by tlie Constitution.
An appeal to the compact between
Georgia and the U. Htatos, concluded 24tli
April, 1802, will elucidate this position in
a few words. Tlie cession is made in the
following words—“ The state of Georgia
. L .o.l<;a t» lho IJ. StnruSii+1 lira TTgid,~tYllc
I and cluim which the said state bus to [he
II jurisdiction nnd soil of tlio lands sitnat-
“ oil within the boundaries of tlie United
“ States south oftlie slum of Tennessee,
“and west, &e.” (defining the present
western boundary of tlio State of Georgia.)
Tlie wonlsk/tsed necessarily conveyed tlio
“ domain” noth “high, and useful" und tlie
11 empire” also, for it is in the e.xerciso of
ai.l f.hese rights tlmt tlie “jurisdiction” of
a in.it.ioii over its “ territory” consists, aft
lias beeth shewn. In tlie 2J article, the U.
States Georgia, “whatever claim
0| . ,'iu-ltf, of title they mayjtnvo to the
“ hirisdiclitffi fU'd *oil of any lands,’ &e.
(iviug within lho l'n'esentxiefmed lmiits of
Georgia)—Upoi; these extracts,, two re-
marks mav he /made tnst, Ly aceejit-
ing sucli cession, ti'e United Slates ac-
{<1)0 wledgo ti right “ jurisdiction”
nnd soil to the lands ceded,'to have
been in tlie State of Georgia ; nud
.secondly! By renouncing puy claim ol
jurisdiction and soil over the laquls not ced
ed by Georgia, they admit al! I't^ hl of do
main and empire over such terrttiiry not
ceded, to be in the State of Georgia, ft'i'l
as u necessary consequence, the riglt, to
exerfciso.them at discretion, in so far a-S
such exercise is not forbidden or prohibit
ed by the Federal Constitution. Tito ex
tent to which they are prohibited or for
bidden, (if at all,) bus been enquired into,
apd if the reasoning upon that point be
correct, Georgia lias uow tiie right, as a
sovereign State, to appropriate its vacant ter
rildry, (not ceded to the U. States,) and to
extend the operation of its municipal liters o-
mr all persons within its limits. North Ca
rolina bus the same right, as to vacant
territory occupied by Indians within its
limits, and the same niuy he said with re
spect to Tennessee. , •
But here ft question may be asked,
which nmy as welt be now answered a# at
any omi'i'iltne. “ Suppose Georgia were
to exercise those rights, and lho Indians
were to resist, what is to be done ?” '{.’he
answer i.-j obvious, liy .the exercise ot
tliose rights by tlie State of Georgia, the
Indians witl/Vu its limits, would, eo inslanli,
ceaseto ire “ members” of a# Indian tribe,
and become “ members” of tbo Stale of
Georgia—and consequently a resistance
on their partjto the exercise oi “ juristic--
tidal by tlie .State, would he sucli tut insur
rccliun us, undej- jbft Copstiiution, the U,
Statec would lie Iraund to yiprtsS- I be
same remarks will apply to (fiber States
having like rights' nud powers ot jurisdic
tion. The Governmept of the U-
qau legitimately exercise tlio same fights
nnd powers, overall territory ceded to it
by the spites, which has not /subsequently
been divided into States, mid admitted in
to tlie Union : as also in such parts ol ter
ritory in Florida and Louisiana, ucquired
by Treaty witii foreign nations as lots not
been formed into States and admitted in
like mauuetv liver all territory thus ac
quired, and not now within the limits ot
itny State, tlio Federal Government pos
sess both the domain und eriinre, and is ex
pressly vested hv- viie Courti.Uutioo with
power to “ dispose id’, and make all nded-
ful t ides and regulations concetming it.
4th <ind 5th. Tit is leads to the enquiry
of the rights of the new States, (formed out
of territory thus obtained by tlie U. States)
Required by theiradtrnssiou into tiie U uio-b
the 80(0 and entire disposition ofthq U.
j “States.” At tin; subsequent session of
| Congress, the State of Alabama Was nd-
j tnitfed into the Union “uiintt an cyn dJ'out-
j ing in all reflects whatsoever wi(h the ori-
| ciual States.” But for vibe irrevocable
ondit.ion cgfisemed to in the Gonsu'uttloti
of that Stale, Alabama, by the terms of
her admission, woitltl liuve possttssed eve
ry right power, and jurisdiction' which
could be claimed 6r exercised by any of
the original States. But in what respect
doesth/s irrevocable condition'impair the'
“ soveriigrity" of Alabama r' Jo tiiis, t((nt
the otiginui Slates could uppropri&te the
waste Lands within their limits—Alnbu-
nw cannot.. This irrevocable condition
w’bs, in facr, a reinmciutjon oftlie mere
“ useful domain,” or the “ doinniu reduc-
“ ad fo the rights that may ttelong to a par-
1 • < u4 ar Vergnu !" tlio Vljio, ...J.lcli
“ bn seperated from the empire”—(see
Valid ns before ([noted on this right-)—
Thenceforward the U. States continued to
hold a property in the soil to the' vyuste and
unappropriated lands in Alabama and jn
this there is nothing inconsistent with the
principles of justice or national law. Blit
although that State has thus consented to
relinquish tbo we* properly, ip the waste
lauds in its limits, it is confidently asserted,
that nothing of that “ high domain" qnd
“empire” from the Union, of which results
•‘jurisdiction," was relinquished. If she
had possessed tlio “useful domain” of
Iter waste lands, and disposed or it to indi
viduals, it could never be contended that
her "jurisdiction" over such lands would lie
impaired. The consent to the irrevocable
condition amounted to the same thing,
and to nothing more. AW of " high do
main and empire" necessary to constitute
“jurisdiction” over ull territory .within
the limits of the state, was acquired by A-
lubania on its admission iii Id tlie Union on
an “ equal footing Willi tlie original slates”
upon prineipiys of tiie I-’odoral Con
stitution and possessing this “ jjlt'isdic-
iin cxpoBur-e of tltelr unprincipled belmvior (if
such it was) which occasioned the rejection o
this most important anil iiulispentable treaty
The coalition know a|i tibgut it, and could tell
if they pleased. Ihe i’liicnix and Journal
nre nt hand, will) (heir ready columns, t»
let out aiiy thing which the mlm.nistratton
wishes let oifi. 10yen the neutral Intelijgeiq
cer, since the Stnale’s, vlectlgn of a VubUc
Printer, can have no objection to propagate a
tale to theirndvantage. WJiy than a silence so
respectful, a forbearance so unusual, iti a cafe so
pregnant with curious information , and in which
ko titanv tongues stand ready to tell wh»Vso
m.ihy ears would lie glad to hear? Let it .not
he said, tliht there is tin injunction qf secrecy,'
find tluit thcfate nftflis treaty lies buried benend
its inviolable sent. The satnn injunction was
laid upon the Panama Proceedings, and con.
rented nothing from the ddininistraiion presses
Dny after day, daring the long period of three
months, they teemed with the seCfet proceeding-
of the Senate oil that mission ; and we ore nt
t:v^.», presume, judging oftlie present by the
past, that the same presses would be'just as c>*m
nnmieMivu at present, upon the subject of the
Mexican treaty, if the intered of the coyli\ion
did not n quite n profound nilenc ’tohe iihnfvett
It is in fact, a cose in which the public have a
right to know What has hnppenpn. There arc
precedents for it. The rejected treaty- of 1H08,
negotiated by Mr Monroe with the Urilish gov
ernment, was cominunigatpd lo the public by
the Pi esident The injunction of secrecy binds
the Senate; hut not the President or his egbitmt
The fate of the Mexioan treaty niiglil ho made
known in tlie Name manner. Mr Adams and
his ministers may tell it; the Senate cannot
But iu all probability nothiugwill be told. DIS
CRETION wilt shut up tlif mouths of the FORM
ER, nsxlosety at an obligation of honor will Mat
the tips ofllie LAXTER.
LIST OF LETTERS
R EMAINING ill the Post-OITiec at Warrens
ton, Gem gin, rf» the 1st of Apt i), IB'27
A—Jane Avery. Jesse litsley, Joseph Ansley,
B— Stephen \V. Burntey, Jeremiah Butt, W/L
Ibi'ift P. Butt, E. Bird, Roller/ Black I omnium
Itiirson, John G. Bledsoe, Mrs, Pusan Bray,
Mary Brook?, William II. UIomhI, 2, William
Bryant, 2, David Broome, F,flirt Br/twn.
G—Benjamin (Julp-pper, Miles Onr.v" Misf
Sarah Castleberry, Mfs. SinaVovty,P,n-r I'odj 1 , -
Michael Coiiy.
D--Vlrs. Mary Dcnmmk, Arthur Doi|ielly.
Jgoalhsn Darden, jaipes Drapfer. '
E Robert
F— E .-ft Fort, Samuel Flrmitl/f-
lit—Ui,.hard rtray, 2, ' Stiinurl Gpesling.
Iltdireeglniey U. ijoward, Ueorge FI a rgi a vex,
D, F.. Hate, Samuel Mall, Miss Sarah Iv B Uar-
buck, Mrs. ^artih Harral, (rwtn HXItawny, 8ol-
omuo llart, l/anjrt flutchioson, Thomas Had-,
den.
J—Henry S. Johnson, 9, Mrs Cnnde* Jaelty
son, Anlliony Jones, Elijah Jones, John Judies,
llobe.vt Johnson.
^ E—Buxe ({lichens, Jojm W, Kinrev Uotpp#
I.- Joshua Lar.enby, Reading Lew is. 2.
M—Henry J Macon, Granville Mondre, John
B. Mood.v, Levy May,Jeremiah May, Archibald.
MrNcnl, Elisha Moses, Elijah McMath.
N—-Tftomhs Neal.
G—(aim Ott"nl, Gi'illlo Oneal.
P - Rev Elislm Perryman, rt, F.dmond Par-
ha m Willinpi Porter, Henry Peoples,
R_Stvrllng Reel James Rogers, Janie*
Riekerson, Jesse Righv 1 .
3—John Strickland, William Sell, Jnme*
Sttplham, Ifcnjainiu Saudaford, Messrs Shiver*
St dowel
T-^OriAshy F. Thomns, 2, F.ilwardTaylor.
W—William WUder, Tfeoinns Westby, David
Wilson, 2, William R. Williams, 2, Joseph
Wright, Samuel M. W'ilton
If-not taken out before the 1st of July next,
will lie sent to lite General Post Oliice as dead
letters.
JOHN MOORE, r. m.
IVarrenlon, April let, )827. 10—'8t
VALU/iliLK LANDS
FOR SALE.
T HE subscriber wilt sell to t(ichlghesfhlddef,
on the first Saturday in May next, gttlie late
resilience of Elizuhcth Pickett deceased, the
valtpthle plantation lately occupied by her, on
Intlo Cedar Creek) Baldwin county. The tract
contains three hundred acres, about onc- hnn-li ed
qud thirty of w hich are in cultivation,' under a
good fence, and one. of the most productive
I’ltrins in the county.; t)ie bMittice uncleared,
haavily Wpvhfirvd and of the best quality of up-
Ignd. Them is on tlie premises a good and
convenient framed dwelling house, convenient
to ns {foml witter As. tlwv Suite alfords, a good
gin house, and all necessary buildings for the
.'iccomsoodatiOftof a Ign'ge family, together with it
good gat ilou and peach orchard.
The terms-are, the purchaser to give small
uotps with approved senil ity,’in three animal
'instalments; the first payable twelve moinlu)
from flic fjiflt dny of J a ovmry next:
liinc pos|rtxion wilt he given. The purchaser
can be furnished with com, fodder, itc. on thp
premises nt tbe market price.
UlCWARD VirKETT.
April fith. ’ 10—Ms ' .
tion” in its “ terHtories, or tlie cotintry-tliut Jion of their Soutlrern .lj/ur, in tKe steam
belongs to it," ilnfi Sovereign Slate can liout Macon.
exercise justice in till pieces miller its
“ oheilienee, tintl take cognizance oftlie
“ crinres' committed, end the difi’crenccs
“ that arise in the country”—(see Vat. -B.
2, c. 7, s. HR, 64 ? and the references ilier.e
made.)—Mississippi and. every other new
state, Inis tlie like privileges and 'rights,
and, in the ■ ftpiition of-the connniltee, all
of them, as well, as tjieoW states, cun eg
lend the operation of their laws over all
places and all p&rsons, (whitfef, hlack nr red)
within the limits of tlieir respective ac
knowledged territories. Without such
rights and powers, it is believed that the
sovereignly of the states wo did be little,
more than nil nimity sound
The line now running by the joint Com
mission of the United States and this tState
lietfvcen Georgia iiinl Florida, will pass,
we tmderstalnl. North of the line lormerly
rim by the State’s Surveyor; nn<l Will con
sequently add to Florida u long Slip of
land, of a mile or two in width, which was
rtitpposud to bo in Georgia.
The resignation by Gen. Bolivar of the
office of Pi esident o.f.Colombia, with bis
(.letenninatiim of hot again resuming it, is
the. only news of any consequence by tlie
last mails. Rumot says, however, that
Colombia, Peru ami Bolivn are to h« unit-;
cd into one Goveniment, pf which Bolivar
will lie made President ■'f-rlifit"— whirl,
with the supreme power in his hands, will
lie hut i.ii’otl/er name (or Emperor or King:
These people have tbe undoubted right of,
others it! choosing their own form of Go
vernment, and an energetic! EseenDve,
clothed with amhogity uhmisjt deSphllc,
may possibly he best adapted to'their stale
of socksiy, ,
The boiler of the. Ftrarh-Bont Oliver
Fllsworth burst mi (ter passage to New-
Y\,rk on the 224 nit. and of the 40 ptifscu
gers on board, ten neic huilij‘scaldcii—
three dangerously.
The 'Washington Teiegrnpli adverting
VJ ihe election of Vige-Presideut, remarks
CuAiiiiKSTO.ix, Anr.il 4.
Major Gen. Baowx, of -the U. States
Army, nml suite, arrived in this 1 city tin
Monday evening last, and took lqdgin«ftn<
Jones’ Hotel, Broad-fetreei. We arenq
formed tiint the Gepcral \Vill protjegjj first
to Georgia, and then to LouisifttiJu
We understatid that the lion. Messrs.
Van Birren, and CanibVelcnfe, of New-
Yoi'!;, left, heie yesterday, in tlio proscgu
W ILL lie sold in tha toycn of Covington,
Newton county, on Tuosilny the 82ud day'
of May next, id) die prrtortxl property Ol Freder
ick S. Stewart deceased,
. Jfine Stewart, Adnirx.
April 3. 10—tdx
TjNGHR inontlix after date application wilt ha
i. made to the honorivtile the Inferior Com*of
Newton county, -when siting f<»r ordinary pur
poses, for leave to toll all-thc l eal estate ot Fre
derick 6. Btewkrt, deceased, for lho benefit of
theaheits ami-creditors of raid deceased. '
Jane Stewart, Admr’x
April !{, Kk-^io4m
IfTThe thanks of tlm Milledpeviile ffxrmorfit
Society nre rrspecifully tendercd to tiicpidpriq
tgrsofihe Washington tiir.cus for the good feel
ings uiul ‘politeness vtliiph propipted' them oh
Friday evening last to postpone their, perform-
ance nt the Theatre, mid to assist the Society in
tlie kihduble ehtarpt ir.e,.hy cdntributipg by their
ful| efiorts to (lie.amrlioratioij.of Grecian suffer-
U Fierce, Sec. II. S•
(TT® The Rev. Jd/in Ross, will preach
in MilJedgevilfe on Suridky, tfie 22d iust (
mi Monday, at Thompson’s Meeting-
hooso, Tuesday, nt Mount gwu pud oa
tVCimositay nt PoivtJlton.
ItlAnaiKD, it) Putnam county on Sunday the
lglhof Mureli, hy jlie Rev Nathaniel If. Harris,
Mu. Jamks W. Godkim of Greeuesboi'oi U> M;js
II,ianiKT A. Patrick oftlie forn/er place.
IVlAKKtKl); on the 2iith,pf February, in Greene
count) , by the Rev, I)*., Cummins, Jpi/if If
Toi’q to Mtse I’i//a Fra’mcks K/ko, daugliter yf
Curtis King, Esq.
On the 14th March, jn Greene chunty. by tiie
Rev. F>r. Cummins, 1)R. C.i:oh0K .11. Mniiw/;.
tuck of Ja'sper county, to MtssJ-ocy* a,c-«C5ta
Watkks; also, at thy same thria anti place .-'by
tlie same, Mr. Daxiei. Fosi r.a of • k)orgah toilq.
ty, to Miss Ja»'»: Stl.ivi Wt|Tkl8^ JMltb dangh-'
lets of Maj. Gegrgc Watkins.. , .
MEDICINES
D R. PAINE, (a few doors from Messrs. Wi
ley Si Baxter’s corner,) Inti received a sup
ply of the following articles, which will be solcj
on reasonable let ins, viz:
jfitlap, ■ Snip. Quinine.,
, Calomel; • Bark,
"Mubtry, 1 ■ CremvTTartar j
ilpiiitn, fllognuia,
biftti/ihar, fpsom Salts,
Jnteacuunha, Seidlitz Toivdc/t, -
Tqf/ur Emetic, Soda do
' fin star Oil,' Lee's Pith,
' Olive Oil; ' Opodeldoc,
■Balsam t'opaira, Swaim't Panacea.
April 2 . 9—24
OF TftF..
TSJJliayOSlY.
I tVIi.,, nitrite out nea,t plans, of the ,/Nf w Ter
ritory, representing the districts, watcr-coo)&-
o? and other priheipa! objects', ami will sold
them to any persbij w|io will inclose two dollars
in n letter jpnst-paUL
BENJAMIN H. STURGEIJ.
JVlilhdgeville, April 2. R> ‘A*
Good Hfirguius.
sTjTONBS,
Ov Iluucuck htreit, near thrCotirtyffoute, Mil-
c ledgtviUf,
UA3 ON HAND, h
Q ADDLES f*rtn ljM«to$6H j
)3 ttiging complete % a Jttorue, from $ 10 tq
, $ mo;
Military equippagg for boric jn J’ er y »»perto*
slyli;
Satjdics, Bridles acd Marliqgtdel of every de
scription and sjy le ;
Gig, Coach and Wagon Huruess, or any other;
Whips and Spurs of various qualities and puces
' /t urn Ti f 2 cts. to $ ft ;
Trunks. Saddle Bags j' ’►
liullkloe Robes for Saddles;
Broad Laces, I’aisling ami Seaniing Laces;
To)fing and Fling ; .
Morocco/ and vaVioud Other article*.
ALSO, .
All other filnds of work done in bjs line of husi,
wefts ns tow meant be done any whyre in tbe up
country. •}■ 11 is goods and. materials rue yll of tb*
j.-est qindily, and all work done in bis Shop wjir*
ranted, f ■ ,
The subscriber tects llmiiklftl for the patron-
agg he Luq receive<j,nnd hopes these fitvois.wjll
si it I lie ex/ended, ps he pledges hlnisrjf iliaf mi
"5.«itmiV)ii)tmenf shall occiif for th* want of at
tention or goud workmen. ,
Hera D. Jones.
April 3 9—tf
William E- Walker, '
H AVING comitienced the pvactii-e of Lnw in
Way neshorungh/profterS bis profi ssjtinijl
service* to his friends, and solicits a jsottHHr of
tlin pu’utfc patronage generafiv. Any' business
confided to bis mimagfernenl in. any of the yum is ,
oftlie A1iddhi Circuit, will be thauklally received! I of itny ctiangc, Uc pubtu; rfiJ! receive tiij
nud *u icily attended to. ' * ’ r
April 9
71 ROM mid after To
id after Tpesdiiy gent, the Puck*
JL” Stt-iuu 5oa{, GEOKCfE WASHINGTON
( ajitivift Dl-eois. wiil Icaye )s!«vfinnali e/erv //i
day. at ITtjr o'clock p. It , and Augusta every
TMttduy. aj lt rx’Avck, a. m. it is believed'tint
this art auneipgvivwill be ctsrnimi'eiVftil tin; ti ; sj
of September or (Dcinbev tujju; hut in tlie e’ciit
vFiji rem ove unr n .:*• .
MlvjlAf.L ShOWN.
March ’ \pefd}