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tiioni the limits ni.cnti,i>iicil ni llie. irtj.it).'' Ij.x- j tho shine. The limt public ilucuinefit wju’r.e I intent by lIn* nations of
•Cept the charters which grouted nil Georgia to this right of purchase is considered a pre-entp-1 considered to have gi
Oglethorpe and his company, this is the first j tlon right, is in the Convention of Beaufort J *|hos* *"''jecls. or authority
instrument or compact lictween the whiles and I bet wren Georgia &. Hotith-Oarolina, in which r !*-'j °J "r-qvtrtng the « « 11
the (iffbrgia Indians, and what does it imply ? i b(it)l patties d esignate it by that name, to wit: I ?? 1411 f re-emptinn) ■_» "ft") 1 . ' r ,
Europe, Die discovery was between the Slate’s right of jurisdiction X the In- i from coniuidtiug waste. TT this be true, she can j does it at tlie instance of another, Rut if t |, f
hen to the government liy dinn's right of property, ff after the Court had a- also prevent them from cutting timber beyond maxim did apply to criminal cases, surely no on e
hority it was made, the .< ' warded to tho Inman the private property secured ! rvlint is necessary for absolute use. and from do-| will deny the right of (be Legislature to alter it
toil from the natives, (liu* m him by the treaty, in his reserve, he had liavn 1 ing many tilings, which in legal language is called | and mahe such exceptions to the mnxim as they
is again" 1 all other Lnro| r applied for the right of jurisdiction also, he would I waste; working mino9 comes within that definition, pleased Admit for the sake of argument. Hint
Georgia cedes in Smith-Carolina. (the lands >7 r itsr!t’ ir
lotion which «n tosilbsi*t
between Tngaloo and Ixiowctj all the light,
title and claim, which site hath to the govern-
| me::\ uiveirigntv and jurisdiction, in and over
lie. in I also the right of pre-emption of
I from Ihe native Indians."
iinerons m is of tins Slate, whenever Indi-
it,linn lands orcur. a title nf some sort is I U. Slates
acknowledged in the Indians, and that the exclusive
'i*t he extinguished hv purchase, and that \ purchase orronque*!. audio e
O! Ihe adoption ol the l'ndo-! 'Tcisc such n degree ntsovere
In
I nns hi
: a I Will
• U. Slates
institution
uf ovidcnci
■di to this etl'c
it is xx on .J
spread IIir>
i in! t i
the
puhlie
r tin
I III
paynn
ul.ilii
j an rights c
j the very p!
Does it not incontestihlv show some kind of
right in the Indiana. If Savannah and the
yuyrounding country was bought, is it not proof
that the setlcr had title, and if lie had title to
that which was sold did hr not retain a title to j th
that which lie did not sell ? ff before Ogle-! th
thorps landed, while Georgia “ was then all
covered with Woods,” and in theexclusii .• poi
Res don of the Indians, thev had mines which
they then used or might have used ih.it did not
fall within the cession nn le to Ogl •thorpe,
docs any one believe that he could hy virtue of
this treaty, there being no other instrument in
the way. have restrained the Indians from the 1 '£»:{, npproprin i.
use of those mines / I think no one can an-1 State troops, ii
sWer in the allirmitive. Then from that day to ami Kepresetit.,
this, where is the treaty that Is upon any older i n b'l'itiy to l.e
footing? If the Indians Irid tiie right, tlien I th'iiui th
“ here Inv 3 lit**)* lost ii ? Oglethorpe, within
his ceded territory, and with Ids company iiii-
dcr liisjiing’s charter, was as much the go
vermuent of Georgia, as Georgia now is under
its present constitution, and if In* mold not rii-
vesj the Indians of their right to dig gold in
•their lauds, not ceded to him, how can Geor
gia do it now with no higher ri ght, indeed
with precisely a similar right ? We have only
to carry Georgia's present government back to
that time a ; 1 leave out al! the treaties tve Int o
had with the In h ms shire, and
cisely the question above stated. Deriving 1 an honest community.' There is however, an nn-
onr right from Great Britain, we do not pretend | thnrity that I am sure every body will regard, ami
to claim anv hotter title than sh" had, mile.. ; it is the memorable act which repealed the Yimou
iiidee 1 it is the genius of ltepnblics to lie j 11 • conitunnly called i!ie rescinding act. TJiis
more grasping than Monarchies, a principle 1 ’ : l’* , vv drawn up by ttu* late llovcruor, .lames
trust, that will never he admitted. The above J;!‘^o';. '’ue among l!„ iddert statesmen and mi-
rvasnning then shows a time xvlien the Indians] J'pu, .,'V1 f : '' ,! ’ ‘7,- •? ‘- 1 P rfi,,n, hJ''-
had a right to the gold found on llmir Intid ; if lluli(ln in,',.,'. | Vliich'' boldlyrkffniT it,'.*
tlicy have lost tlmt right, it is certainly iuenm )rii;lit of jurisdiction and soil, justly recognizes a
bent upon the party who says he has acquired (title in the Indents, the right to extinguish which
it. to shew the deed hy which it has passed. I i* only per rmpti, ■ on the par! oflhe State. Then
I confess I have looked for it in vain. j the first enarliiigcliiiise.it declare, tlmt tIn*
Tlie next distinct and puhlie evidence of rev- j 1 act amt the grants issued under it arc null
■poet for the Indian title on the part of Great .". vo .“ • n »H the territory therein mentioned
Britain is to be found in the King's proclnma-1!? T,? ‘"Tcbv declared to I,.. the sole property
rion of 171>3—11 is as follows ; “ Whereas it i^
just and rertionabfr n*ir) essfuti il 11* our inter
est, that the several muons or tribes of fudi
no powers. 1 nr.h nation rlahnetl the right In
n| all others, tin
en the di.srn
applied for the rifijlft of jurisdiction ah\h« would | waste; working mines comes within thafdefimtion. j pleased Admit for tho sake of argument. Unit
have been answered, no—you fait under ihe go- wSt is of no higher injury to the freehold than any o-! the Legislature could not control the Indians in
ernment of tho. ?tate precisely like all othrrprr-1 thor specio-* of waste Hut the truth is. the Indian ; employing laborers to work their farms and mines,
. . ins within its limits, ho the nMuic* of th» ir titles j title of orrnpnncy assimilates itself to no nrinci-1 what is to hindi*r them from preventing their own
cr and tho Indians.” Alter stating that all inf to lands what it may, or he thorn citizens or fo*(pie of the English law which gives the right to i r.iliwnft and indeed all white persons from going
TTurop^nn nati m®. who Kid rnado discovered in i>igners, hlark, red or whi'e. And so with regard j stay wnste ns it is called. It is annlagous to no 1 into tho nation, upon any terms whatever, as the
Americ.n, assumed the uliinnte dominion nml j to the rest of the nation, because, as before stated, | estate, upon rondition. which involves the relati- i United States did when they had tlie charge of
ednimed the right *» grant the ■> nl, 4 * siihier' *ii' they arc precisely in the same situation of the^ejon of landlord and tenant, remainder mar. or re-! the Indians and their lands? And if they con
the Indian right of oeeupaiM'y. he adds, " 'I la ' Reserves, being only h larger scope of country an J J ve.rsioncr. and these are the only three characters eiclude them altogether, what hinders them from
-idopt.nl the same p incinle, and t'o’r! a greater number ot tenants. ' ...... • 1 * 1 J *‘*
g)i! to extinguish the Indian till.' fcy i The nther idea is this. If the tronties ju«t men
atoi> t
l?*it i, • ;tp|.| v v\ itiioul !o-s o| time lor ;
>v hr'.il with Mil'll tribes who may j
lit <*f s .il to such land*." In ihi art ( x ^ . » - i
•if tlii? a t. rnmmonly called the j tendered them incapable of .sustaining any
’ w here, if .PI is,. ,,{)ia»iice to indi ! relation with the whites than mat of depend; ivr
Id hu\ c Iiccn forgolle'n. it would he I pupilage. f I herc was n » other way of de||-
e to lint! it ; yet iou ii here lln ir title j '"n u ’‘I 1 them than that of keeping them separate.
?. and Cu- Va;coo purrhnsers w < re ! ►‘ihonlirinte and dependent, \vitlj a guardian ran*
I hound to extinguish it through the ngrncv «*l thr j thrown nnnind them for their protection.” Altsr
j fteiieial fiovernnirnt hy fair purchase ; A w hot i< j mentioning that the rule i ! ‘ ie
icinarkable. in four places of that art, the l i^lit of | hnli tns silliordinnte, to govern and profCcTTneni,
! C i eorgia is expressly rilled a prr-t mplion eight.— j ,0 prevent them from selling their land" to others,
Ihit tlds may he cou«:d*Te.| i\ ,; not the best audio*! the best dint could he adopted with «afely (
! rity, and I am so di-posud to consider it. I only | states, *• this was founded on tlie pretension
, mention iltn shewthat men of all descriptions Imve I converting the discovery of Ihe country into u
j been disposed to respect the title ol'thc Indians, (« , onqucj.t, and il is now too late to draw info di<
P rp ’| ami that surely less ought not fnbr exported from rnssion tlie valid.ity of that pielcmdon. or the re
nl the soil and ox-1 tinned were nccepted hy the State under the arti
nty a? t ircum-tan- • rlos of cession of 180‘2. and secured to these lie-
cos n ouirod, has never been jiidicla'l) fpiost on-’ s» rvceH, by the,decision of the Court, the right to
od ” Jj'* then nflirms what I have already stated, | their reserves, there are other treaties made since
Unit the States within which any of ihr Imlia.i • ItfOti, tlmt guaranty in like manner, to the notion,
nations fell, claimed and exercised the right to go- nil their lands not ceded to Guorgin and which
\ eni them, and that they " could transfer th-ir ti-1 Georgia has also accepted. I know it is now con-
tla’ to no one hut the power claiming the jurlvlic-1 tended, tlmt notwithstanding the States have
tlon of their territory. " Tho petulinr hahit • wad yielded to ihe Gontral Government the light to
rhuiarter ( s ;i) s our author) of the Indiifu iiauqns, | make treaties, nnd declnred tlmt no State shall
make treaties, that such p nver was never meant
to apply t .» the jairclinse of Indian lands within the
limits of States Thi* might he safely granted,
though a di.Tercnt construction has certainly pre
vailed throughout the Union both hy the Suites
and the General Go\ernm»*nT, and though tieoi'-
/i.i has repeatedly declared otherwise, as I have
fdmun in itirei? dis*i:vt arts, yet. stated before,
vieorgia has vested the General Government by
special contract, and made her the State s agent
to purchase these very lands; consequently w hat-
who can restrain tho tenant from committing ; permitting it upon such terms and conditions, l.
waste It must he a particular estate to which 1 they might think proper, as they have, lately done
there is a definite limit, certain ns to tlie time of in the act passed last session, prescribing an oath
expiration, which will entitle the owner of the and requiring them to obtain a license I What
freehold to restrain the commission of wnste.— ( is to prevent an additional condition, that no
We all know what the renting of land means ; it j white man shall go into the nation, unless hu takes
does not fall under this head It is not every re- «»» oath that he will not he concerned in digging
ver:denary interest in lands that will give the right | gold, or under a severe penalty it he attempts to
to restrain the tenant from committing waste. It do if.
is a well known fact that the State, as the source To recur again to the reasoning, that a man
of all title, has a reversionary ii^crrst in every J who has property may employ ail the means in
foot of land she grants out to her citizens ; for if' his power to make that property as productive us
they die without heirs and intestate, their lands | possible, I would observe, the slightest reflection
revert to tlm State by virtue of the escheat law . j "’M convince any one of tlie unsounduess oi this
Now under this remote expectant interest, no one | doctrine* r i Imre arc to be found various inttnn-
will contend the Legislature could restrain the c . es 1,1 our statute hooks, where this position is fa|-
good people of the State from digging gold on ! sifrnd. \N itness the numerous acts that prerent
their lands The State docs not hold in remain* j persons from using their gaining (aides, that pro*
dor. for remainder - is defined to he nn estate //., hibit the retailing of spirituous liquors Without pay-
mited. to take effect and he enjoyed after another , ,n & p f 11 x 11)1 permission, and it a tax to one a-
estrvte is determined There inn*»i he n particular mount can he imposed, so may another, and it umy
estate created, certain and determinate, ns for I be so increased as to prohibit the use of the pro-
years, for life, or in tail, aridjrrm.u'm/fr being a re* j perty altogether. Hut there is^rcusc^ exactly j ; ,
very land . ... ., .. „
ever treaty is made by that government and re ■ lali v e term, implies that n part bus been previous-j P°' n t in the act passed at the session of 1829, enti
ceived by (Georgia, must he binding. In various |y disposed of, for where the ichole is conveyed at! tl pl l “actio prohibit the employment of sluve*
creati«*s nintic |»rinr tr» Ilia nrliolus *>t thi* I once, thorp cannot possibly exist a retiiiiinilfr;! and tVcc pci’son'* of colour, in the setting of typr
foilniving stipulation is to be found—" The Unit- j hut the interest granted, whatever it may be, will[ £ printing offices nt this State?” That act i
rd Slates solemnly guaranty to the flieiokcn mi- Ijr an e "
lion, all thrir lands not liomdoy coded.” This one mu.. ........... ~. s ,. .
guarantee is found in the treaty of Holston. in the | between Georgia ami the Indians. “An rstatr in ! ! ,p employed. Aow whnt is to hinder the f.
\ ear '.Id, and the treaties prior to that time. In j reversion is the residue of an estat
tin' treaty of ’OS is found this article—“ tlie tren 1 grantor, to commence in possession
lies subsisting; between the present contracting termination of some particular estate granted out, ^ .
parti-s, arc acknowledged to he of full and ope-1 hy him.—2 Bine. 17.1. Sir Edward Coke { |e.j stead of prescribing the i>ennlty o| 10 dollars a day
estate in possession.”—2 Blue 105. Every j Diets a penalty of ten dollars a day for every day,
list perceive tlmt this relation does not exist 1 1,1 u I mr * a s 1 1 (1 *’ ” r ^'' e e person mny
- - " lls .. ; \ n cs i n i e | n | be employed. Notv whnt is to hinder the Loris.
estate left i'rt the I lat,n 'e from taking the above caption, striking out
ision after the <ie 1 xvm'tls "setting of types” A c. nod substitu’e
estate ernnted out I '' ,li gS in g ,,f ? old l,le Cherokee nation,” and ir-.-
tt;H with whom tve are c.i
tvllo
id void, “ nnd the territory
also hereby declared to l,i'
l tlw .State, siibjt r t oaf:; lu thr/g/it nf treaty of ill
I titled Slulct to . ,i tilt I!:,' Slate to purehasc unde
its pre-emption rial,!, the -Indian title to the same.'
Tne fifth section nt thi, art declares the right t.
live under otir protection, should not be mo- { nerr
, the -
j extinguish the Indian title, or to apply to the tie
■at (iovernnieiil for that purpose, is veste
lostetl or tlisturbed in the possession of such j 1 ' 11 ' I'npph*. and c- i-rnment of thisStatr
parts ol oar dominions and te'rritorias as, not I •’d'tdes iu these explicit terms, “to whom the right of
having been ceded, or purchased bv us, are re- j pre-ynphon to the. same belongs, snbjrr! only to the
served to them, or any of them, as their hunt- Tr non .'IT- f ‘nlli S,a,e, ’. to . nu J^ ru '
v'r u : ,v< * «'<••* •<- •»« I Th?:;u;;t Via-
out royal Will and pleasure, that no Governor meat in whle.li we find the subject menli
ot any oi our colonies do presume for the pre-1 in the Constitution of, the State, adopted in the
sent, and until onr further pleasure be known, ] year '33. ThcOdd section oflhe lstnrl describes
In grant warrant nf surrey or i>.?.,.s patents fori ihe boundaries of the Btate, asserts the right of
trivlimm w liivli it imposes. It is •‘stublLhed !
j numerous rompnrls, tiTHti»*«, laws nti'l orJinn
j res, ami tounaetl «m inmirumrijil usagft. Tiif*
} roimtry i^ rolonizcil ami -selllm!. and i** now - i;« hi
hy tli.it tit’i*. It is tlm bin* •»! tin? hind, mnl no
court < f jiisfiri* i:;m permit the rigid tube disiurh-
ed by oprcululivn reasonings on nb^trnet rights"
rriiis, he rnntimirs, is the doctrine of tlie Supreme ., - - ... ^.. _ . -. v ,
' (’ourt, A I ho 1 'iiiied Slates •• lm\ e never iusi ted rjfi’ig lorrr. together w itli tlie ronMriiclinn and scribes n reversion to be the returning of land to cwn ^ scate s ' nv, ‘ 9, l ' l ,,,n . ls * 1 “ ,c * rcc persons in
''tpou any other claim to tiie I’nlian lands tliiiii ' ( c* i,;e under their respective articles, nnd so to J the grantor or his heirs, after the grant is over, j munncr as tho> mny think proper? Nothing,
•right ot prr-t mption upon fair term*: ” It the ' rontiaur." And again, in the same treaty, fith nr* \ Nmv it is equally clear that tliis estate does not) o'vncrs of l resse q cannot use or employ their
view taken by New York ii tlie. c'^e o! (r,i, Ldl j tide—“In consideration of the relinquishment J apply to the ease of the Indians; for instead ,,j | sluve> in working in their ofnees, a property
J o’.-tf Jacksoii, (29 John. Kcp tkk'V'i w !. re that 8ui*r and c»“s?:nn hereby made, the United States (will Georgia’s being the grantorand limiting n purlieu- : HS nn,c ;' theirs ns the* use ol the land is that <•/
jelaimcd iln right «>f pre-nnptinu to the I linn 1 p«> *u much munoy and goods) and will continue (lar estate, to the Indians, which is to have a speci {Indians, aurely no objection can he urged a-
lands within her limits and held ill other pu.vhn* gun ranter of the remainder of tlie country for-1 fie duration, the very reverse is true. Tlie Indians S® 10 ? 1 Hie otate s preventing white people from
. s^s \ old. The 1/ -Huliiro Virginia in I79J ns-1 rv r r, as made and contained in former treaties. ’ are the original grantors, and reserve to them- p ,n P*°y ,n ^ slaves or tree persons in digging gold
pei let! the same exclusive right of pre-ewpiton. j And in the last article of this treaty, it is declared t selves in the gnml. to wit. the treaties, an into- '? ,ht ' nnt,(,n ' "f"* , lllrin (? ,,lcni t« tlm Indians for
| and the colonial nnd State authorities though that sasd treaty “ shall bn considered ns addition- rest which is unlimited ns to lime, and not to | P ur P , | se * It a .inv enn prevent the hiring ni
tout tlm Union, always negotiated with the Indi* al ?o, and forming a part of previous treaties, and end without their consent These arc all tho es- as ‘ l J ve '» or to another slave, it can to ni»
I ans u ithin their respective*, territories. Atul t . o n,: "hall he rnrr.'ed in t effect, on both rides. \YI IT! tiito* which can hv anv nosxihilitv hr tut I^obin. On this sohjcct the court feels no dip;
hn observes, *• T.I, (.Onl) I’AlTIf." Thnsc nrc the pledge?
iunimin^ up the whole dn
Ucd in ; ' l,j! "the ultiinnte rii;h! nfnur \mericango-
,1 | vrrnmnnts to ell (hr lends xvithia tiieir juris lu-.ti-
om:l limit*;, end the rxelu»ive rii;hl of extinguish
ing the Indian title hy po.ses.inn, i. not to be shak
en ; it is eijitally true, that the tv linn pourtfi-m
is not to bn taken from them, or Pi.rurtErn wi'h-
prior to the urtieies of oession, and perbnp®. hy
saute, it may he sntd. ere not binding upon Geor
gia. .Vow lot ns see whet pledges are mxde ef!er
the yonr 1302, tlie time when Georgia made the
General Government en agent to “ extinguish tlie
Indian title.” In the treaty of 180", made at Tel-
t menlionctl, is of ar
ary war. ’
out their free ronren', hv fair purch ,'f, ex reef itjlieo. the very first article declares '‘nil former
the event of a just and nr
So much for the decisions of the Fedcrr.l and
other Stale eonrts.aftei Milling.font at the hist <rrm
any land; bovoml ifio heads or sour.'esof"any I soil nl,l! jurisdiction, nml concludes hy deefaring I ^ l1 ’/' Court, when' it virtinliy derided
ol'the r'.verj'which fall into the \tl uitie O l,mt " 1,0 fn >« of territory of this State, or any [he junsdielion in favor of Georgia, it ineidentn!
re n or unnn vl h whatever xI-Mch not ' ,1 ”‘" " ,kc *'*'* 10 individuals or pri- '>! vemarked tlmt the right o property in the In
1 . : i!. , , ’ , f 1 I vnte companies, unless a crmnlv or eounties shall ns,ri the pns«e«»ion *.f them lands. -r.Mild be
‘inttn„ beet! cede,I to, or nnrdinxed by u t, ns |,., re f, r ,. n fi-p | n i,] o/T inrhnJin" surli territory P ro,f,| ' , rd hy that court. I eome now in llir deci-
utoresnni, arc reserved to the, stud Indians nr and the Indian rip’il* shall have been ertineuished | s ' or '‘ 1 rmr °' vn cr> ’> r11 ! presume the nelehrat
any Of them.” _ llmrcto.” AVori.’i n mtiot he plainer and the nidi- j ijttastion Is well recollected hy
Tho next clause of ibis proel inntinn further j gallons they inip: o-s - ! -
ilertned tlie reserved hinds to the Indians, and ] t- nnrl, ns well ns nil officers, are sworn to support
forbid all persons from either purchasing orj'J ( But this imot nil; keeping up and nrtiug en
ttiing within tlie same, and further required
erlnin rrservi
mo»i
made in
all persons who had inadvertently “seated
themselves upon lands which had not been ce
ded or purchased, forthwith to remove them
selves from such settlements." And then it
concludes in the following just ami emphatic
language ; “ to the end that the Indians may
be convinced of our justice and determined re
solution to remove all reasonable cause of di
content, we do, with the advice of our privy
council, strictly enjoin and require, that no
private person do presume to make any pur
chase from tlie said Indians, hut that if at anv
time, any of the said Indians should he inclin
ed to dispose of the said lands, the same shall
be purchased only for vs. in our name, at some
p tbii .* meeting or assembly of the said Indians,
to be held fjr that purpose by the Govern"
of our {Colony, within which they shall |u>."
Here then we do most clearly perceive that
Great Britain forever relinquished the idea,
whether founded in right or not, of taking In
dian lands bj) force, and that she as clearly sub
stituted in its place the right, nnd no other
can not" he higher ; for this | r Pr,, " |, ‘, There were
officers, am .wi.i'ii in «»vor of a number
made hy Meriwether nnd .Tark'on in 1817. nnd nl
so in Ihe one by Calhoun in 1 -13 The Legis'a
tirely in conformity with previous acknowledg
ments a; contained in treaties, acts nml the Con
stitution, tlm highest evidence of right, we find iu
a compact witli the General Government, called
the articles of cevlon. made in 1302, Georgia sti
pulating “ that (lie 1 n'ted .States shall at their
own expense, extinguish for the use of Geor
gia, as early as the same can ho peaceably ob
tained on reasonable terms, the Indian title” to , ,
Ilm land* left within the State and not sold to the ‘•'“'■‘S'" P™" 1 ■ 1 lie question Is *o plain. Hint
General Government. What title » Surely tlm | 1 "PP r c' | c:id there is not one mind in one thou
(lain wo have been all along tracing down from
the earliest settlement of the country, and which
tve have just seen was Called a pre-emption right
turn received these treaties, but determined to
jecl the Reserves To that end they ordered a
survey of the cession without any resp"et to the
Reserves, nnd subjected them to a lottery w itli the
other lands The fortunate drawers of these Re
serves commenced their notions ngninst tin- Indi
ans residing thereon, nnd tlie quecion presented
was. which title should prevail, the treaty title
on the part of tho State. 1 kmiw Georgia lias a
right to complain tlmt this title lias not been extin
guished : that it could have been done long ago
up. it reasonable and pence,thi* ‘.rents. Dm her
,, complaint is ngninst the Geue.nl Government.—
. J The Indians ere no pm y to tips contract. They
have not bound them .elves by this inurnment.—
I It * y cannot he iin-u erahle lor liiehaJ faith e.fono
ot the contracting parlies. M ill it he contended,
that if llie Indians " ill not si ll their lands to the
Genera! Government, wo w ill take them hy f.i-eef
Would site!) a doctrine ho countenanced among
ourselves I It one citizen were to oblige himself to
of PRE-EMPTION. In thin proclamation , purchase n tract of land of another citizen, forlho
the pre-emption right, most obviously originat- n ? a third, w ill it be said that (his third per-
eJ. was the only one claimed hv Great Britain * 01 ‘ mi| y "oize the land il its owner do not rhoose
while the country remained her's. and was con-1}? j!*”" • -V 1 ? ,s annv c . rc ‘' in l , llc Mbrmn-
< « \ ii i . . fy ! 'l^c. an<I it i> inristuri upon srrioiislv that a court
tmucJ, as wo shall hereafter sec, by Georgia, Lf justice ought to enforce such an usurped right.
down to a very late period- ih..»t.««e—n - ., 1 -- ”
In all the treaties made
oti the part of Great Britain
bvincuil a studious care to make it appear
the world that all its purchases were fair and
just. In the last treaty made in 1773, with
the Cherokee and Creek Indians, there is a re
markable instance of this anxiety. After stat-
treat>s, which provide for the maintenance of
peace and preventing crimes, arc on this occasion,
recognized and continued in force." Can any
thing oond ice. more to peace than the undisturb
ed n-id quiet possession of one's homo ? Can any
thing sooner contribute to an opposite rouse-
queuec than the violation of one's possessions I
But again, in tlie 5th article of Jackson s <V Meri
wether's treaty, in 1817. tvhirh divided Ihe nation
and sent a part across the Mississippi, it is agreed,
" that the treaties heretofore between the Chero
kee nation and the United Slates are to continue
in lull force with both parts ot the nation, and
both parts thereof entitled to nil the immunities
and privileges which the old nation enjoyed under
the aforesaid treaties.” This treaty proeured for
Georgia all that valuable country in which the
counties ot Walton, Gwinnett. Hall nnd Haber
sham are situated, and of course formed the con
sideration for the above stipulation, securing to
the Indians the provisions of other treaties, one of
which provisions was, that the Indians should Vie
guarantied n the balance of their lauds not ced
ed.
Now if Georgia has accepted this treaty, receiv-
and. at this day. that would entertain o doubt — . cd the land (hereby conveyed nnd distributed the
The decision was, of course, in favor of the tre t-1 same in hot citizens, can she in good faith violate
ty, and it was universally approved font of the I 'beg i-arinlre solemnly made in that treaty to the
immediate interest of the question) hy the good I Indians ? Is not this precisely a similar ca;s to
people "('.Georgia, and indeed every where else, i one decided in favor of the Reserves 1 fj...
The view taken of that case was this, and it con j thins n \ iolnlion of the fnitli of treaties, the most
finnes to he the deliberate opinion of this Court J > n letr.n nl nil contracts, nnd so regarded hy el! ri-
That tho treaty making power ia parted w itli !n- 1 vdizrd nations, it would ho a palpable violation of
Ihe States nnd resides in tho General Government I''’'' 1 part of the 10th section o( the 1st article .[
according to the limitations nnd powers granted I 1 ' 10 Federal Constitution w liich positively forbids
to that Government in the Federal Constitution . ••■e States from passing any “law impairing
hut that all treaties, ns well as all laws, must hr"'' 10 obligation of contracts.” Tills is a contract
mttde, in the language of tlint instrument, ** in pur n 11 '■ ^ hv Georgia herself, because made hy the L .
silane* thereof.” That the treaty making powi r ^tete* under her power of attorney, “nr f in»ris
can no more exceed the powers of file General he* as-m.'' ratified by her. and it* benefits fully rn-
Government than the law making power; indeed. 1 pvrd on Iter part
it would he absurd in the extreme, toeonlend that : j have on a former occasion *nid. and I cm yet
the President nnd Senate ran bind the Stales "in of the same opinion, that the I'nited States have
all cases whatever,” and thereby remove all h- no right to treat with the Indians on any subject,
mils from tho Federal Government, when Con ; But such ns relates to peace or w ar. and lo enm-
gress. composed of the representatives of the peo ' ,ner, 'e. these hoing the only general relations in
pie,cannot do it .' Than according to this view, I " hirh tbny stand to that government, and ns fnl
(then I confess I have nothing more to say I But stm- •'! b<5lfi nie necessary to ascertain whether the tren-, hng n itliin the powers granted in tRo ,C,onstitnti-
witli the Indians, j pose the General Government never had under-1 1 '‘' 9 mentioned were made “ in ptirsuanee ' ni '- Any thing else the State nt Georgia micht
ti, that governmeut taken to extinguish this right. What then would ! 01 l,,e Constitution." In order to do this, another I reasonably object to. but where lands have beer,
make, it appear to have been our situation with the Indians ’ They 1 V,P "' btcamo important, nnd it was this—Bv (he. I ceded as tlie terms of peaee, or ending a war. or
must live some where. I presume no one is vet
prepared to say their throats should he cut" to
make way for cliristiauized man. Recollect, tve
would have had no territory beyond the Missis-
. . ii ,,i i , , „ ) si PPi 10 which we eoul.l transport them. Reced
ing l» tho preamble, that the Indians in a full, R.,., (o n, they are incapable of being incorporated
free and voluntarily manner desire to cede the with white men. Will any one mmntnin, in the
I ltids therein mentioned, for the purpose oi l face of the strong current of evidence flowing
paying tlioir debts to the traders, nml that it i through s> many inviolable public documents,
will be a great favor rendered them to pur-] " hich 1 have just adduced in favor of their right,
(hast the Saute, the Indians sav, “we do here- i alld v ' b ' cb l '“ accurately marks our oten, that it
■ would he,tust and l ight, before Heaven, to take
ar'ie.Ios of cession already mentioned, mads
or settling claims.
j preventing future disturbance
l a 02. the State of Georgia, in addition to tiie eon- j ’b* 1 treaties are such as fall strictly withiuTlie p'nv-
slitutional right of the General Government to ( ar of the I cited State; anti so Georgia herself
make treaties, had actually agreed with that go- j h'l’ frequently admitted. Such were all (betren-
vernment that it should purchase the lands—inak- ‘ ti'-s prior to the articles nf cession. And thus bo-
ing it. in the language of ihe memorial before refer- j j“'ving. how ran this Cou.d. under tlie solemn oath
red to, “our agent pro hue rirr.’’ So far, and no j'* has taken, evade this explicit irijunetion eon-
farther ostlie purchase of the Indian title was enn- tabled intlte federal Constilution, in wit—-this
eerned, powers could not lie more ample, fa the j GonslUution, and the laws of the United States
first place the government possessed the right to j "'Inch shah he made in pursuance thereof and ad I religion! tiiat j s j
treat under the Constitution, nnd Imy t!ie land-. !p '‘ s,il '‘ ! made or which shall be made, under the and denr to t ,.i- i • „
but will, Georgia's own money, as it tv „ in the i ■ntliority of the United Stales, shall he the Su '■ l -' - ' f'«'<'dom. l.-t not this be nn ,dh
hear upon tlte question, and il may with great con-! p* 1 Dv, lor while the L titled *. .etes regulated the
(Hence he asserted, that nono other can hr found, j intercourse with Indnins, which right has j\o\v
Tht-tv occupant title is unlimited ns to duration I P I,SSC£ ? ?° (he State of Georgia, it restrained the nd,
an I to them is. to all intents ami purposes, the I mission of while persons into the nation, under
same as a fce-simnle ; thev do net care what it is I u1H<:b severer penalties limn ever Georgia has rr-
called, if yon do not take il away hy force, and I »" rt ™ Wlialover rights were exercised by
will sutler them lo retain Hie use and possession government, and indeed nil the rights which
possession
of it till they choose to part with it upon their free
and voluntary consent But we frequently attach
wrong ideas to particular terms, and it it is under
stood hy the term occupancy, that it is such a title
ns will justify Georgia in removing the Indians
whenever she pleases, nothing t ail he more erro
neous; for according to the legal signification of
oeennnucy. as understood in the English law, they
will have a right to retain their lend until they vo
luntarily abandon or sell it. Mr. Blnckstone in
describing the title lo taniis hv occupancy, says it
" is the taking possession of those things, which
before belonged to nobody. This as we have
seen is the true ground nnd foundation of nil pro
perty. nr of holdin» those tilings in severally,,
rdlm-h by the law of nature, unqualified hy that o!
soeietv. were common to nil mankind. But
when once it was agreed that every thing capable
of ownership should have an owner, natural rea
son suggested, that he who could first declare his
intention of appropriating any thing to his own
use. and. in consequence nf sneli intention, actu
ally took it into possession, should Iherehv gain
the i h-o!u!e property of it. "—2 Blue 25? There'
is now no title by occupancy in England, nnd ne
ver was but one instance, ami (list is now virtual
ly destroyed by statute. The case ol the Indians
tn America comes the nearest to it nf any wc
know of, hence it is so railed, end applying it to
(ha definition above laid down, it is a much more
stubborn title than is usually conceived. VVo
linvp seen nlso, that the first discoverer, G. Bri
tain, ehosn so 'o consider it, and imposed no other
rnnditic
prr rmptivn on her part. This has been followed
■up hy Georgia, by the other kltnte*. and hy the V.
Btates ; so that a* far ns human action and de' isi
on can r“nfir~i am' settle a question, this is at rest.
It will hr rerollocted,that nt the August Term.
l J Th nf Clark court, t delivered n charge to the
Grand Jury, in which I mentioned that it was mv
fixed determination to enforce Ihe laws of Geor
gia in tlie Cherokee nation, t told them of (He it-
liberal interference of other States in this questi-
nn—that they had repronehrd ns with cruelty,
fraud and injustice *o the Indians, nnd said even
in Congress, that it was onr intention to oppress
hy legislation, to persecute by legal prosecutions,
and .finally destroy the Iodines to obtain (hi it
lands. I concluded that charge hy saving, “ lot
us falsify the prophecies that have been made ns
to the treatment which Ilia Indians are to receive
at onr hands, by rxerciring tow ards ' at unfortu
nate peoj'le, the utmost kindness, justice and hu
ms flit v. Their rights ult! st h e respected. To
the Indians I will say, they have nothingto dread,
as far as they are concerned, either from the cha
racter of our laws r.r their mode of administration
—for if tor enn live under then;. Men surely can,
and no distinction aim 11 be intirte io their exccuti-
!n the r.nmc ol every thing that is holy in'
!y in charity, that is sacred in
belong to Indian lelations. are now exclusively
under the control of Georgia, no otherwise bound
than by her own coutraots and the lawful treaties
of the land.
WASHINGTON SHERIFF'S SALE.
H E BE BOLD, on the first Tuesday in
v ^ November next, at the Court-house in tho
town of Hnmlersvitlc. Washington county, within
the usual hours ot sale, the following property, to
wit:
One negro hoy Sa'sar, levied <>o as the propi r-
tv of William Barfield, to satisfy n fi fa in favor
Daniel D. Bench, A. (to. vs, James Jones, Execu
tor of William Barfield deceased, levied on and
returned by n constable.
One negro woman Sarah, levied r>n as tlie pro
perty of tlezekiah Brown, to satisfy two fifas iu
favor ol John Harrell, end sundry other ft fas vs.
said Brown, levied onand returned by a constahh .
BUI Acres pine land sin the waters of Buffalo,
adjoining Rams nnd others, levied on ns the pr< -
petty of Cull in Cox, to satisfy n fi fa in favor of V.
llff'ntt vs. said Ccs, levied on nnd retvrned by a
constable,
S. A II. JONES, D. Sh if.
September 23
w
Postponed Sale.
ILL IU. vOLfl. on the first Tuesday in
October noxt, at the Coiirt-Honsi', in ti e
i i# wim ^, town of ri'imkvsville, Wii.riiin-gton county. Tcifliin
restriction upon it than thVririit ’ot l,s ’ ,al l,fmrs of snl, *> ^ following property t >
tl:. I... I /*. .P
| Tim Neurons, n mnn Nm> nrd a woman D!’*
j ui»i. levin! on ns tho property o/ Ldwln Brantley.
■ to sntisfv sundry fi fus n^tnlpst Brnntly—Tcrir* J
on nnd returned hy h constable.
J *JOO ncro<. more or If"*^, j^ne Inml, on the waters
j of tlio Ohoopin, nfljotning lirantly nnd others, ic-
vi**d on ns the property of Spencer Crantly. to sh-
tisfy n fi fn iu favor of Wm Hunt vs snid Brantly ;
levied on arid returned by n constable
8. a. ir. jorcfs, n* si/m
Srpteml>cr 29
r KI V AI ri H f \KH Wvs' SALlI
M^R/ 7 IUi IU. on the firet Tuesday in
V v November next, nt the Coart-hoti.se iu
Iho town of Jnek^oriviMo. Tetfnir county, within
!hr M«nn! lo urs of sale, tbe following property, to
wit ; ue ITou^r nml Lot in tho town of Jnrk*
sonville. No. 2 : b (twenty)levied nn as tho proper-
tv of John Fdzrimmons to satisfy sundry n fas is
sued from h Justice’s court, John Finlay*or> and
Stephen Mitchell vs John Fitzsimmons—proper
ty pointed out by ihe defendant, end the* levy
mode nnd returned to me by J. Parker, ronrinhle.
Hept. Id JAMES BOVO. Sh tf.
Taliaferro Sheriff"'s Hale.
17 ILL Hr SOIxf), on t!.*e first Tue«dai
by solemnly Juclarc that wc do'fully and clear-1 uc ami n ^‘ l : “V? ven : tnkc habii'of didVc C GeoVriifumi the ! nreniVlitv of thHamh^nd (lie j7 : i>r rVinVvr.’ I """Tt p,C ^ r JnMict ‘ i*™ Vnttel) i- the b„*
l.V H.»dorsta.„l every part of this treaty at.,I I,!«, tb'emu^in wrl.’liwiM^as^'Jeri.h'r’lMu 0 ''t c ? uv ‘ ,r "ishr^ tn acquire Indian lan.l; | ^ s ‘«»'*!'•*» t'" thereby, any ,Sir- ■- — l ”“ ' l,nn '' of n " inl,!, ' co,,r " e
Indian land; I r >' slmll he
1 the -round t Gonxiitution or !
.... . f „ ... parish I I can-1 w ! , ^ uv, ; r ! ,R 'y "isuea tn acquire inmnn lands I V "'crony, any thing ir. .he V ll nation; are than strictly nbtbmd to cultivate
cession. . having been tullv explained and believe it. So much for tho artivles of r.ewi-1 "," h,n .'her rcspeet.ve limit.. In t.m .round j £»"* 1 • ™ hypnny State to tne euntrary wi(h rl ,,^ ct to on > h oth(1 , ' r () ,^ ve " it
interpreted to us, and that tlie same is made on. ’Tho next confession of Georgia (nnd cun- ‘‘J-c.*.. it had t.eorgia s special consent, by positive I no tn uhstanding. I confess, under the immense Ui-npulouslv, and carefully tn nhstnin from everv
ut our own requests and lor our own benefit fessintis are considered in court; tbe very best e-1 c0 " tra< 'E <° ,r fal P'‘. v f °r the land; on 1 nt its ( obligation imposed upmi my cousrienoc by this thins that would violate it f very one ouvht to
tind advantage." This treaty was fov aU that vidence.) is to be found in nn able report made in 1 monP i“ V°"' e V! ,"'” , " r ' r, ' n,y «'«s m«*l« and ae- 1 «"> Ptc pared to md- render to othe.s wh.u belongs to them t, resnect
lino country above Little rricr, lip to thu Che- iSllh to the Legislature, in the shape of a petition j treaty. <m to Inc pu. r.iast nj the > Jt ' ,L>ri p ” we ,f b» °ur own charac- their rights, nrnl leave thi>m in the nenceable
to the President of the United States, complain-1 b f! r e tl ’ e nl "' nl ' “ H>e government'.,gen-I <cr. at home and abroad ; wa owe it to justice, L n j OV menl of them " The elegant hTorinn Dr
Ing of the treaty of l ol l Jackson, and also Cal-1 c >!* m "' r b, ‘ ,n ' cp ''* ,,r n ”"'' T» say that it a mi l 'vowe t h* humanity ; hut ah,,ve all. we owe it R Rn i,ev, ha; said, “ universal iu,t ‘ce is universai
hoim’s treaty which Imd annulled the only treaty , " k " H P nr! . nf ', hB '’"''"'nvt. such a, suited Geor- j vene.Hl.on lor the I cderul Consli- i n , ere ,t. The most enla.erd 'happiness of ™
tint was likely to effect a removal oflhe Indians, I « m * nnd rr J rc ! < l >". bnlnnco was so repi.gr, ,M to ";on when executed according to its acknow- J people hy no means ronsijs in the VgradnPor or
I'd-Mmcliin of another, it w.nald he more glormu
parted xvitl! " -! ,ir .urchnsemH '° civi, !* e one ,rihe ,,f ™vnges than to expel or
America after the Indians fell to our charge. | claims a right to the jurisdiction and soil otThc | h,ul »>«««** the -"'"'l cm.M , . , , ... promoleTheTr happine"; 11 , and'g'ive'tlfem'no J ‘l.r ad.nb.'^’ir Kni * 1, ;. n l 1 P' ! '' s for
I uroceed to allow l.ow fJeor-ii ti is reSDected l , rr dory within her limits. She admits however, I P° ,s,,,l y ' .en the nr,Me. ... any other l.ght | B< I* re 1 lea; e , I ,s branch nt the sul.jec Iw,!|l rpH , nn ,n enrse the fnllv of their fathers who i- ii t '[ * (, ,! n ' n '» ,l '««' 0 » "" 'he estate of John
i proceed to show l.ow Georgia lias respected (h . lt Ule p/fiA( , nr l,oate. remaining to be perfect- '■."‘"•V i' v 7 of 1,11 'Hi'ebons, and that Gear suege-q a fact which goes to illustrate, under aim-) fm . (! vo ,, r ,i„ ,et down upon a soil wliirh the enn, 1 I ? ,rt °' »t!"'«n»_coiinty deceased :
s United States in the rj-i?nrti 0 „ of the/a* K"* h * d ""t 60 trea'y her oxvn, ns though she 'her aspect, tlte foregoing reasoning. The Inst 1 - * • men tne com*
rokeo Corner.
This closes the first view proposed. mIhc'i
Was losliew the manner (Treat BrKain respect
ed the. Indian title, and creditable as it may
tind does appear to that Kingly government,
it is not more so than that of the Republics o
viz., tin* treaty of 1817, made hv Jackson and Me- j f vcr >' prmcqde ol .tustice, that it could not he to- , 'edged powers, t<
riwether. In tliis memorial is" the follow-in* dis-1 ,er ’" pd ' ol ' l,nc moment. Then, as Georgia I aid I f * °| seeurmg t
tind acknowledgment—The Slate of Georgia ! the trea'y, it the General Governm m . | ' lose land; not pi
claims a right to the jurisdiction and soil of (die had "an-wended its powers, ihe court could not um.ertheir free e
November mvxt. at (ho Coiirt-houw door
in the town of Crawfordvdlle, Taliaferro county,
the following propertv, fowit:
One tract oi land rontaing 80 acre, stnore or
less, adjoining N. R. Lewis, 8. 8imrnon» and
John Booker, on Ihoftvatorsof Puxvder Cre. k, le
vied on n; the property nf Brian Bitrmons t sa
tisfy sundry fi fas from a Justices Court in favor ot
the administrators of John EnWson. dec'd. vs. He
len Simmons and Jesse Simmons; levied on and
returned to mi- by a constable
C. A. NELMS, Sh'ff.
Sept. 23.
GEORGIA. Laurens County.
their title since her acquisition of the territory
She commenced precisely as Great Britain
left oft', which w as to purchei.se by treaty, a
scope of country extending from the upper
Tine of the cession last named to tlie Currchee
mountain. This treaty was made iu 17,55, arul
by the authorities of Georgia alone with the
Indians. Two years after another Treaty was
made by* Georgia Commissioners with the
(.'reeks, in which is found this clause, “ if any
< it'iaen of tliis State or other person shell at
tempt to settle or run any AT the lands reserv
ed to the Indians tor their hunting grounds,
such person or persons may he detained until
•the Governor shall d.-mand him or them,” arid
then Hie was to he p-.nislied in the presence of
th ; la Inns. In 1737 ilw Federal Constituti-
ot vv*s formed, tlie loth Sue. of the 1st Art
of which declared rh Jt « no State shall enter
J'lto liny Treaty," and hy the g.j. 8. e. of the
2d. Art. it is also d* cV4i.«l,thtt ibe “/' n . ,,y, r .t
with the advice and canto nt of th, Stn.Ur, (two
thirds cmrun ing.) I'wll make all Trtiitirs."
Under this conatitution, Georgia l„.*, i tltn( |
kb* hi! no longer the r;.:ht t • treat »,ii, I
in luo» lor their lands ; aim alaays a,., ,,,.,)
amt msintaniod her tight t“ ill* lurisilu ,
and ulhsitt* **id “1 <lie c iviuLrs.tin >ugh v. ,>
ruHny difficulties which *h» hud with ch .*n,.’
rkl government, hut ).*-i.l • I the right to tlmt
jfirvarnoieot to purchase oft hy treaty for he,
use, th Indisn ti'le iii >. nil lands, nl* ■»• con
ceding tlist the Indians h id a rule of w| n i I
rh*y eoal'l oath ■ dicrstr ■ hut h) 1. I pxrcitMC
3 irFtt (feufgis !,»J t fliesmpliu tyirhi f,
ed by ihe
diun title ; the United Slates, pro hac tier, nctin o
as our neer.ts.”
This finishes the view* in which the Imliuti title
has been respected hy the State of Georgia, and
brings us to the consideration of the last thing
proposed, hoiv it ha; been settled bv the Courts
of justice, and this branches ngain into two views.
1st. As settled by tlie Supreme Court of the U.
St lies Mini the separate States oi the Union—and
2d. as decided hy our own Court*.
And 1st As to the Supreme Court J i 1 <-<*K, • i
the oldest American commentator Unit Inis appear
ed, in collect ingthe decisions of that Court A con
solidating the doctrine <>n this subject observes,
that the nature of the Indian title to lands lying
within the jurisdiction of a Slate, though entitled
to h- r< -verted by nil Courts until it is legitimately
cxUngnuhnl, is not m h as to he absolutely repug. " m in7roh nra
nunt to in tre uti the par( of the (Jovern
williiti wltoKt* jtiri<iHcUon llie luniix ri 1
Hii.ul "—B Cran. Jtfp. ^7 Judg:** Johnson in (hi
ndlLi ra»i‘, Hrni lnmi#*r fling ilm ivh .*« iUx Court
—k»' ‘ Il (In* mlvic*l in (irfir^ii
tinfhiiif; uitife Hi.ni u pr »mptit e tight, hoiv could
V '"S' j mnn parent of us both bad previously nsslVne.l'to ! t A " d ''’ l, *!' eHS «rP"e» for letters of
i* *• * j D
I hese are therefore to cite nnd admonish all ami
singular the kindred nnd creditors of said de
ceased persons, to he and appear at my office
within tlie time prescribed hy taw. and shew cause
(if any they can,) whv said letters should not he
granted. Given under my hand this 14th dav of
Sepieuihur IKti
THOMAS MOORE, CTk cSo
Scplunih^r 22
is not only a departure fr*»m flii’ hoaron directed
prinriplc. Injt will incur tha ('ondvmnHtion o( nil
civilized rmtHrirH. if it do not prove.kc the curie of
a qfi'cb higher tribunal.
iHt l*
ailed h f«-
Alfllfll
,m *i»iiii
ideui tut
u«iit*d
lire K.i
which wm* nothing
power nrqoir*. d f* ^ ril&pli
<he proprietors thotili! t»e ple»iM*.j to
i! tliHtfVtr -f *i* anv thing note iban a
dity. it errtMiulv WMt redured t * (hat
of liroifii reded tc (fir l ?
t‘*.« p »*er ( .( prt twpuun and ol eon j
elf only h rciuttioz r«rht.l
*c i r r.onqutrt lo b# Uiidej
had the riglri originnlly (o have entered into it j L^jusluture parsed an net to survey the (’heruK^u i (hum.” In this strnne senfim .
Now let us apply the*e principles to the ca^e he-, nation and distribute it by lotterv in the manner L n0 (! men mn«i rmt....* « n i iT n <>! J U# J ,CP -. a . 11 P»n. lute of said county, decease (P:
foren* and in d-rng so two idea, prosrnl jharat.xfora pursued, with this v.Vrptinn. that ,hr “ S 1, n, I ~ ‘
selves. First, it these Reserves, which were re- : improvements ot Indian* (ailing within anv nf the , v ;n n „, q i,..,.5p|r • , H . , h,! , las be * n ;
ally nothing inure than small portions nf the Indi-!* 'hou! j [,#• re^-rved to them, and (hn! the tor* lf) n< \ ru .. # . a u, nn j . r ‘ !° ^ ls °hcy. But
an nation set apart for particn'iar Iribes, posiessine jHinaie drawt-rs of such lots shou'd not he entitled scourer rf slnvrrv hv e> ? racft r °
precisely (lie same nature and condition of tlie ha-! »*> « tmnt for tlie -ante, or in anv me : remove. Lere, i,, . ,L iw ,h '' 8 loo,n °* n **f-
lane.o4b.ir count,y. as ;s.;p, wed by an after!.- >"*mp, to rmttnvMh. Indies from .heir said |feie„H, "fort, \utlTrie f anr
ex'.tnguuhmcut ol their title, ,v„, de. i led tubr tin-1 > ! "i n .ti. toe Gebnai As-emldy shall ( rom iheii own l n ,,,l „n<t ",i,„ i dtaktnggold
property of (he Indian*, who will contend that the j enact lo tiie contrary, or said Indian* or their de- •- lie and of their father*,
State had a right to p-rvrnt tliem from using bat 'cendants shat’ voluntarily «! snrion sucli improve-
property in any manner they please 1 Who will. 'Uents 1 Now o question nnturaity arises, whnt
say, it they had found mines upon their Reserves. I title have these reservee,, under *aiil net 1 1
that tlie Sute enuid have prohi'.ited thorn from I ' n sinking a well upon their premises or in plough- j
using them’ Who will »ny it would have been I t n X Iheir lie'ds. if th-y should turnup a piere ol j ...
just to Iwvc done »n and leave the citizen* all n- Jk r '« and appropriate it to their own use. would j . 8^ requested by Judge Cl.AYTON to
round these Reserve* to do w hat tt.ey ph ased ' they he ofnoxioos to Ihe I nv, a hicli make* it eri j publish the following a* a part of hi* opinion
with their own land* I Well, if in these Reserve* I mil#' to dig gold in the ( heroin e nation 1 If
arated t a* l ' they would ^ier«* is the diffi renee hr tween
d* 'hat en-*-. and fluTr present Aidili n m the natj.
on 1 They would held llir ir reseries ondei no
better title than they non bold the nat.ou. The
I ready hee»'*h«.*-n/a«id * r - t "»ly redara* their title from a tenaney in
»o .. m-—« fullv ethiliiied presently 8.i,.**o*e common to or» in teteralty, and the quantity from
one of those Reserves had remained tu tho dav j *'* r E r ■ •mail nmouiit. and attrely w hatrver
in the hand* of Olio of the re*rr* i * :u>* ttmguish-1 fight th*y would h i*e in Ihe last case, it prerisely
does an* one l.iT.a.e ibo* llie t.a Ilia »a«r;e whirl, belongs to the first, for it,
rta.se tie latter tlie property of Ihe s,
Ihry differ from the rest of ttu- naiinnl The la
* dians hold the balance nf tbeir lands proeitaK- by
a similar title, as b*s
la**,.i •Iiir« Mt/jid •yt‘ m rn1e (ii* hn,i i | f( ||. r
u* r.t- •:( rvrry fhiSf (bn! i* ju»( «••»( «^rr# J j,,,*
can it t4» «fpnn lat«d% rit< li> ii. 'he
li«»« An 1-roiiz ot torihtog (till ;(»♦- ttntp* *■» » »» #
ter*«rsi« mu I Hjh #-»l«*nl *.( IIm* *^Mrrv« hit
ft* e SrCfyaHf ree*r~»ri t* th”'* nmion •
o%»#« time, l.V itt M* ratuc- j*l#!ilira! Ite+itep
il Mtrtrt fijr Ihe toe t,( ntdtu
'•(» era*
lion of till- art don not in Ihr tmsiln: degrr
change the nalorr f Iheir title It it ,i,|i „ ,„|
hv oreuplnry without limit as to its .In.*!
te*.«lha elltr l,» *-r*-t q fore.
un
yair |*otnerio,ei
'heir !,•* U**f »d' »*
Job .
nr lose
, it was state I
i very of tli A * ,
list the
litnt I
| is I
• si III
, (<
nstOrr 'r.« ,,n!y atg.im.ni that
1 to sustain the Htjir. j„ i,„
ha* I,lien It itlbis- the ln<t.. m l n i,l
their lands hyr Hie mere title o( arntptmey- f rr
mplc G •” ***** *tiaie amt therefor, t • (eg the
•evordo-acy ir*- .. .. she ran tratrau, It,. Indians
true* inltflntl trcahntd. »? 1*1 r/h.r w.;*.!s
delivered in tiie case nf f.'inntoo, the (Chero
kee Indian.
It wns my intPniim ti, have given thcTourt’s
opinion upon an inrjdentnl question resulting
t, mithe main |iomt in the above case, but it es
raped my rer.idlertinn it is this; it is contended
'ha' it the Indians are permitted to dig gold, they
-n employ -*.oy one else to do il, under the max
im that, be who dues n tiling by another, does
d by himself*" and that therefore iliey can employ
n t.itc-ini ii «,,d negroes In any number, to operate
.1.1. linnet ^ud ills Urged Ihnl srhalnvet usi
a mao has of prup.tty, he has the right to nmploy
all ni.au* in Ins pow.i Ii make that use as pro-
Ju. tiv. a* p*i>s))i|. Now there is nothing more
rrronr-ms man this prinrtplr
4 DMtSNdTRA TOR'S SA1.K
W r !Ll, BE HOED, on the first Tuesday in
November next, at the Court House door,
in Ihe town nf Ilartlotr) Pulaski county, within
the usual hours of sale, tho following propel I y. to
wit:
0 , n N'njjro Boy
by tin* name of Griffin, sold as tbe propertv of
Berrol Philip*, late of rnid county, dee’J—Sold
for the benefit of the heir* and creditors
EASON TISttN, AdmY de bonis non
Sept 29 Hfi. td-
GTORGIA Twiggs county
\T T 11E R E A H Htiqihati Joi,e, ae*t That. Jusr*,
v v *ct>ly for letters nf administration on (he
use estate of Sarah Jones late of said enmity, dec'll.
Three ars* therafnra to rite and ailo.onlsh atl
and slngiilnr Ihr kindred and creditors of said de
craned, to ha and epiwar at «;y office ssttldn the
j.le Is the ftrst place time pre». rH><sd by law, tn skew cans, (rf ««.*
■ 1 "'■">»«, "ni apply eiiuiinal ad. \stiry havr.lsshy aatd Inter. ,|, ( „-t 1 ,.t fir
' v *IT"^bl. t„ iivtl tranaarliuna — (lives under nay hand, thia V4ik dat of Hr pine
I omr adth. a of no ageaciea , whenever an act is I her l**ttl
mad. ertminal hr sshu c.nronits It will he answer
ableosi Ids own »i rnun* am! cannot nlead tliat i,o' H.ej/rubef JO
Klf I! \RD RICKH.C . (