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Ur.l.d (lie treaty itself, iia tho work of in- Hrigitt and /rcflcAiry—denounces the Com- mi«ioirprt> who imule it, insults tlie consti tuted authority of our Htnto, ami backed by a regular force of HUM) soldiers, threatens vengeance upon those who shall dare to do their duly by executing the lawn of Geor gia. In thid enurue of threatened violence and open contempt, of tlm laws, the inter- osts and the rights ottioorgia, it now appears he in supported by the executive Department oftho FederulGovernmont Recently the or der oftho President,through the Secretary of War, has been received, directing resist ance of the survey, and the arrest of the surveyors by the military force under the command of this insulting ntlicor. who lias shown himself to he a political partisan of no ordinary qualifications. Such is the present stale of atfuirs. If there boo man in this state, whose bosom does not swell with indignation at this utter humiliation of his country, ho deserves not the name of Georgian! It is believed that Gov. Troup perseveres in his opinion of the propriety of surveying the teriilory, the throats of Gen. Games, ami denunciations of the Federal Govern ment to the contrary notwithstanding. Is he right in this opinion ? Do the people of Georgia approbate his determination t«» ex ecute the law enacted by their representa tives ? These are important questions, and deserve to be examined with deliberation ami firmness. Il the Governor is right and his conduct approved, then should he perse vere in the discharge of his duty. If not. then should he suspend his operations ; for without the aid, consent and approbation of the people of the state, his exertions would ho futile, and only tend to load him with a greater weight, of odium without promoting the interests of the state. In short, with out the co-operation of the people of tile state, he can do nothing. I have more than once insinuated that in this question the sovereign rights of the state over the soil within its limits ure in volved. But what is meant, by such sover eign rights? Whence derived and what are they now ? In answering tlrnse important questions, I shall necessarily be compelled to carry my reader back to the colonization of Georgia. I might appeal to whut is known and ad mitted fact, and si y that the example of all the civilized nations oftho world, has shewn that on the discovery of the continent of America, (most of it possessed by wander ing tribes ot barbarous and savage Indians, who were strangers to all civilization) the discoverers asserted and exercised the right of occupying such parts as each discovered, and therein establishing their supreme com mand over it, asserting their claim as well to domain, (“by virtue of which the nation alone may use this country for the supply of its necessities, may dispose uf it as it thinks proper, and derive from it every advantage it is capable of yielding,” as to empire, “ the right of sovereign command by which the nation directs and regulates at its pleas ure every thing that pushes in the coun try.”*) in this way Spain,Portugal*France, Holland, England, and every other civilized country, obtained sovereignty over the por tions of this country discovered by each.— Should it be said that these claims were Oiore of force than of mere right, the state of the question will not be altered. Sover eignty acquired by force, when admitted by nil others,becomes right. It is undoubtedly ««ie, ihat »| lt . whole I^OIltillHIlt hou thus b'-cnl Maimed, and the nations of the earth have . admitted each to the other I he rightfulness 4’ these claims. Nor lias the unsettled abitation in such countries of the wander- bflg and savage natives, ever been consider- ^ by those civilized nations by whose ex ample. concessions and compact, the laws' >f nations have been fixed, as constituting any,objection to the sovereign power thus acquired hy them severally in the new Vorltl. The people of Europe, too closely wnl up at home, ami finding land of which he savages stood in uo particular need, ami if which they made no actual and constant, ise, were Inicfulfy entitled to take possession )f it ami settle it. with colonies.f It is for he interest of mankind that, it should be so. i'hfi earth was intended tor their benefit, tnd was designed for their subsistence md comfort. To rescue the lands from a Hate of wildness, and hy cultivation to cause it to contribute more extensively to the sub sistence and comfort of the greatest num ber, is a policy established by civilized na tions, us equally philanthropic and ju.u.—lt ii equally in conformity with the example >f nations, and the opinions of the must cel- jhruted writers. To the opinions of the vriters on national law, I subjoin tlmt of me of our own politicians, who has for u >ng time figured us a conspicuous imlividu- ! in the United States, and for whom those •ho are now warring against the rights of Georgia, profess to entertain the greatest ove, reverence and respect. I allude to •lr. Monroe, late President of the United hates. In his first message to Congress, 0 i Dec. ion, he thus expresses himself:— ••It” (the hunter state of the American ab- rigines) “yields to the more dense and nunpart form, and greater force of civilized ‘upulation ; and of right it ought to yield ; for the earth was given to mankind to sup port the greatest number of which it is ca pable, and no tribe or people have u right i<» withhold from the wants of others more »!ian i-> necessary for their own support und comfort.” It was under principles of policy and right bus explained, tlmi Great Britain, or those v ho proceeded her in discovery, have laid aim to, asserted and maintained sever- ngnty over the whole eastern coast ofNorth- rn America. It. is a claim which all the mplc of the United Sta es must admit, or ise all are lawless and unjust intruders.— •ut to confine myself to the question imme- ately before me. it i+as under these prinei- •oa that Great Britain occupied and coin- .izedthe province of Georgia, whose limits .ere defined, anterior to tlm revolutionary nr, to extend from the Atlantic Coast, 'retching from Savannah to Sf. Mary’s) to ::0 Mississippi, and from the thirty-first to he thirty-fifth degree of north latitude.f As • manifestation of the sovereignty thus Isimtd und exorcised in Georgia hy Great Britain, the whole province within the hntin ‘uries mentioned, was formed into a provin- at government By the proclamation of the right of domain and empire are sserted over the lands occupied by the In in ns, sovereignty is expressly claimed and MiUius portions of it “ reserec.tr for their iso. The Indiana themselves are declared eontl^HPHIH'VWprVltogated by the Fed- era! QMitUolinfi, which was adopted in its stead—But it will be* profit able to do it, be cause many of the provisions in express words,and many more in principle, were cpublic&ns, 1 slinll be limited with no dis-' The next cliiusc I shall examine is that giving to Congress the power** to regulate r :.i. »l.n Itwlinn tribes M cln- ;ruec. commerce with the Imiinn tribes” (3 die use 8see 1 nrt.) To n candid mind, the words used in this grunt of power, Imve to he tiller 11 the protection of Great Bri tain. nod the land •* reserved* for their into, is said In lie reserved under tho “toecivign- li/, protection anil dominion* of that govern ment. The power to grunt the lauds thus oc cupied hy the Indians is asserted, while ut tsuusferrod to the constitution, the same time the provincial government -]>| l0 arlic |,. 9 confederation became therein established are lerlml to exercise Hus i,i n .|i n ™ „ n n „ s..k i„i„ i„,> - — ^ M ......... ....... -.ouuuiu- umu...., ». .- , ■ , - ™ t power with the limits thus reserved for tlm ; before which time site had not acceded to * ul " of ifaoconfederation, viz: Tlmt pow- cintimi of ll, « V.^* 1 ",'"i®'j .!!,'! !l! ;_«ate,li»ydi„| stitutino, direct nnd regnlnle nt its „t sure every thin/! that pusses in ,| te ( * * try, heenuse hy the constitution ,| ,'“ l vested in the federal government to direct and rcgulute mimy thliins ' them. Tin* 2d article of thin instrument fix ml tho rule of this construction by declaring t hilt ** t*ttcli state rotiiinillg it° • ,n "prefo"*y. mho of tlm Indians. If thin view of tlm rov ereigntv and dominion of Great Britain over the then provinen of Georgia, be correct.(and whether it is or not, every man may satisfy himself by history, by examining the most approved writers oil national law, und proclaillation referred to,) a question presents itself of grout moment in the quiry we aro making. Ilad tho King n Britain stopped short in his proclamation the (mint of tlm assertion of dominion and sovereignty over the soil of Georgia within the defined limits oftho province. Had ho mndo no reservation of lands for “ tho use” , ... of tho Indians” had ho inserted no prohibi- portionol it didshopart with, by this con- juntl lutes notes, hut is warmly insisted lions for surveying, and granting to individ- { federation ? «>ii hy nil the curly triends ot the constitu- uals, tho lands within tin so limits, whether I Hy the 6th article, the states wore pro lion who supported its adoption in tlm occupied hy the Indians or not, and had the' hibitld to enter jjlto arfL“conference, «- Slate conventions, and all the early and .It is important nt once to fix the princi- lies pf construction hy which t shall bo rovemed. It is true tlmt there is not in ~ . - — v ..... lie federal constitutionally such clause in nothing cabalistic nothing hidden nothing even now she possoscs the power words U9 that quoted from the second ur- doubtful, under which un implied renun- tl e country for the supply of the um.." 1 ' *...•• ... .... J* .1 _ -1 ..4* Jitmnan wIikiIi tliu Into <if llm ■■<•■...1*. ftl... . . 1 M|. I l“« I it'a “tie? expressly" granted, tire rctninetl State Imtl l« the .oil within her limits cun ot it us lie thinks proper, nnd derive by cncli Stutu. Yet I think the period lots be inferred. The term “ Indmn tribes it every advantage it iscapahlo . 1 f v i l! | not i/il arrived, in which it will not bn ad- sufficiently describes them ns o wandering l his remark however is applicable tl that tile federal anver ament. nut nti- neoote. vet in the hunter stute, or cel tnin- to such parts of the territory from I ldtn» only "''■quiretl l„ I I" herseif J ees.j.ii, I for Hr | power of UcorL'ia over her soil anil territory -, <;mary to execute the express pow-: m f rcc"or tnulc, Hint is, n mmua, .... .no.v.umi. maim in both dninai!"^ Fn the occupation of the Indians, we l.uve '! !rs *. This principle wns not only ndmitled of commodities. Some of these were sit- cnipiro to the country therein ccl,,|. emleuvoiired tu ascertain up to this period, , '*>’ the framers of the constitution, ns is e-jUitted without, mid some within the Um- 1 Ins opinion is supported by nnuivik I ami shown to have boon conipleto. Whut 1 vident from the j.iurnnl of the convention, jted Slates. Were the power of regulut- clnrntions nnd principles insisted on L- ing lliis truilo with them retained by the the soundest expositors ol'tlieconsijh,, ? Bcvernl States, hy restrietions, imposts, Mr Mndison in one of the numbers of 7. und other menns, no equal participation Federalist, declares tlmt » t | lc " 1111 'a the benefits of this trade, could, by some delegated hy the constitution to iI.e T' * provincial govnrniaonts restrained by no greonieiit^ift allliiiice,J||ftrtuty, with tinv approved c.intcmporaneous expositors of such prohibit ion. under the general powers king, r.rinl^trXlhte." nr shall soon see, it. To prove this, let the published de- rontcrre.l on then, by the soverign power of •, , uractiMand Jiniversal nequi- bales of the State conventions, nnd the let- ginnt. the lands (although occupied by the nil tWBItutes,; tips was con- t us < t Mitdison, Hmm ton . n. Jay, Ilf Indians) to individuals, would not sticlt sur- s'rneil not to ho h pmhlhitmu to treat der the title ol ilia Federalist, he consul- voys und grants have been legal, and would with Indian tribes, who of course wen* ten. they not have translWred to ti.o grantee a not considered us “Kings, princes, or In perfect necordnnce with this prinei- I'ull nnd complete titlo to the lands? There states.” i |d« nuulogous to the provision quoted can be no doubt but they would. It was By the sntne article, tho slates wore from the 2d article of the confederation, the prohibition to survey nnd grant ut. all prohibited to engage in any war without upon the expiess requcsitiOii of he people the lands reserved tor the Indians, tlmt t|, P consent of tlm U. Stutcs, unless inva-i°f the several States, as ex pressed through vnhl l Rriiun'[‘ 0 Ui'u V pml'ii'|ptiuii' ll |iiid I'l.nw ,lo ' , * | ”': hm . 1 roceived c, ' r " ,,n ,,f « ,l,uir r *>l"«=«« ivos, in the several cou- was nothing to.obstruct: the surveying nml resolution by some tuition of Indinns to vent.ons, two amendments were propos- granting. The occupation of the land hy,invade it. cd and adopted, the first declaring, that, the ladiuns wns permissive, Ahsoluto right, By the 9th article, Congress wns vos- “ the enuniorimtion in the constitution of to the soil, they hud none. The sovereign- ted with sole nnd exclusive power and i certain rights shall not he eonstrned to de- ty of the government, of Grcut-Briluin o- right, to determine on pence or war sen- ver it was complete ; and in the exercise of. djujr ppd leceiving Auilmsstidors, “enter• such sovereignty. It could be restrained on- f „„ inl „ trm ,; fS , md allimns-" nnd fur- ly by its own discretion, und views ot policy, t . ... . , , ltwiisn discretionary .natter, and to be ,l "' o ll “ » 1 '" S “'" C " r " ! ! ,! * regulated by its beneficial or injurious n f. ■ with the power ot “regiilnting trade, nnd tects in the judgment of the supreme pow-1 managing all affairs with the Indinns, not. er, whether any lands should be reserved j members of any Sttdc\ provided that the for the Indians, and if reserved to what ex- legislative right of any Stute within its tent and under whul circumstances. It j own limits be not infringed or violated/* , &c. It is believed tlmt these are nil tho pro visions of tlmt instrument which have a hearing on the question, nnd no far are any of these provisions from depriving the state of any portion of its rights of domain or empire, over the soil and territory within its own limits, there is in the latter a pro vision expressly reserving to the State its right of legislation within its own limits.— was discretionary whether the lands should be surveyed or not, und to bo determined according to the good or the evil likely to follow from the meusure. If it was deemed best for the peace, good order, uud security of the people of the province, and the su preme government, that the lands occupied by tiic Indians should not be surveyed, then it was proper to prohibit it. On the con trary, it the same ends could have been bet ter answered by surveying and granting the whole territory, then it would have been . proper to survey and grant it. VY’hether In its practical construction the Indinns the one or tho other should be done, was' were not deemed “Kings, Princes or not. a question of right or power to survey States/’ with whom it was forbidden to the ami grant, but a mere qti etion of policy. | States to make treaties.. For ill fact But this question will be more dourly do- • Georgia nnd many other States, made tern.,neil by another view ol' it. If C.ro«t jmil treatios with'tlio I...I,mis, especially Britain had no sovengntv over the soil oc- 4 , J ,, . i . • . i . cpied by Hie Indians! it'll bail no right of ‘hose wi.h.i. .ts own limits, intermediate domain or empire over the country, und con- . Nitilying the articles ol^ con sequently could neither survey or grunt federation and the adoption ol the I'cder- the lands in separate tracts or parcels, why al Constitution.—There is in our statute insert prohibitions against ith survey in the hook no less than four treaties with the In struments hy which the provincial govern- diuns providing for the relinquishment of meats were established ? Surely for no lands of great extent, the authenticity and hh!"Xp^“ n c!:ul/ha" l bo^ Ci.I Vnlidi,y "• C,U " ever du «b tc, l' mutely nxnrriiwd. It is ilniibtfiil nt the present day whut »y or ilisyurn/rr., others retained by the people,” and. the 2d tlmt" the powers not delegated to the Foiled States hy the constitution, now prohibited by it to the Suites, am reserved to the Stales respect ively, or to the people.” In conformity with the plain and obvious meaning of these two clauses, I shall admit no de legation of power to tho federal govern ment eipress or implied which in any man lier denies or disparages a right clearly re served hy the people of Georgia Before proceeding further, it should al so he remembered, tlmt this very subject of territorial rights and sovereignty, and that ot slavery had well nigh broken u| lire federal convention and destroyed the hopes of a happy termination of its labors. Some of the states who Imd no vueunl .lands insisted upon a participation of those who had. Nothing but the judicious exertions of the Father of his count i if. wns sullieient to prevent the dissolution of tlmt assembly With these premises nnd fuels before us, 1 proceed to inquire," In whut part of the constitution has Georgia surrendered any portion of that sovereignty and l ight of domain in and over the territory und soil within her limits, which I have at tempted to prove she derived from Great Britain 1 shall aliude to such clauses of the con- stitution from which the surrender coiil< he inferred, seperately, mid without much * Vuttel. book 1, c. 18. f Vuttel, honk f, c. 18. J 8w* Commission to Gov. Wright- .hrd’e Digest, p. 672. (I> Fraw-Dig. 667. ■Craw whit'll the Indinns were In no wise party or 1 privy? Did any portion of sovereignly ns to domain or empire, rest in the Indians, nil such treaties, cessions and compacts were void, futile, nay worse than foolish. Be sides did the sovereignly rest in tlm Indians, notwithstanding nil sin.ii treaties, they would linve been nt liberty to code nil or liny part of the territory to nay person or nation to whom they pleased. Bill what man or nation ever udiuilled such a power in tin in? And imd they Hi to Minted to exert it, t ho utternpt would huve been resisted and pun ished. regulated trade with tlm the limits of this Stute. 8™ IIIIIIICl'IlUs exorcised |iri,i(g| )n |[„ ,■ ,r * "'nr, pencepiogoc,^ turn, uud foreign cnniniorcu', with «l, a last the power oftnxutir.n will|V, rt l le ' , part be connected.” (These are aline J of sovereignty belonging to the ri,r|„ ,/ | empire.) “ The powers reserved to thesev’ ernt states will extend to nil objects, wTnel, in tho ordinary course uitiiiru, vnucerii the lives, liberties uud properties of t| K , p, ( , lc nod the internal order, prosperity of the sl ate” of these l'„. long to the branch of If Il.e Indians did, tlmu why treat with o'tli-. f,,r six *•» ‘ llt! confederation j g '„ al | havc . p„, ver l0 ( |, s|l „ se ot ; ulllJ j nilku er nations concerning its boundaries ? Why Wis ruttfiod, almost all the Indians m the u „ nu ,, dl ' u | nl | ug H1|li a ., rll |, ltioMS as|10ct . was it tn« object nt a treaty and ccssiutt bo- U tilted Nutos were wttliiti the limits ol; • • twee" the powers of Europe, rompnets to some State.—Within tlmt period Con gress certainly did regulate trade tilth them. No part of the territory of Geor- gm was ceded to the United States unti l u , i(/ lmrticnUlr StaU: > Thjs c | nll6e siv(!S 8)^. xet even before tiio mloplioit ; to Congress no power to regulate or <lis- tl»c constitution Congress treateil with and j }M , se of nliy oljl0r than hel . mnn tC i rat«>ry or Indians within j 0 ther property. But it so happened that lf .. „ 1(i . tront,<is . at ! there were those in the convention who Hopewell 1 /8.», to which Georgia as an in- • contended that hy the treaty of peace with dividual htute, was not a party, suthcient- ] (Jr0(lt BlillliUt n || tlm states acquired u ly prove this tact. It muy he then tlmt j r |lt t0 ,| lu vaciult territory within the tin* Indians alluded to as 1 ... - - fctate” and j in^ the territory or other property belong- ! ing to the United States, and nothin"; in • this constitution shall he so construed as to ! prejudice, any claims of the U. States, or of alluded to as “members of any j of Uie United States defined hy tlmt with whom Gongress could nut in.,uy, whether within the limits of a par- reii'iilate trade were such (and there were — From this view of the question, tho con- . , elusion is irresistible tlmt the soveroi-rnly, ! 8 ,'»“° 111 ' "gtH"'. Lnglund, and both ns respects domain uml empire of Great Furnliim) us had been adopted in- Britain over the soil und territory of tho; to *!■« social family of the Slates and over province of Georgia was complete, a d so whom the municipal laws oftho State remained until the Revolutionary war— was extended. Bat the decision of this Dues it require argument to prove tlmt by point is of no great importance. My pnn- t mt revolution, sovereignty as ow.mdV eipnl object is unswered by shewing, that claimed and exorcised by Grout Britain, „n 1 . • ,* .• passed toll. O people-, (aye, the white peu,2 ll,B Brt, ‘ ! !"* conltdora- loo) of Georgia, in the lull extent, in which t,on ’ tke States were prohibited toenterin- it wur held by tho former sovereign ? if t0 treaties with any King, I*i incc or State, one is required, it is furnished in the dochir nr to engage in war, except in particular ation ot independence, and tho treaty with cases before mentioned, and the U. States that government concluded on the 30th were vested with sole and exclusive pow* November, I7IM. By Il.e first of these in- er »f determining on peace and war, sen- ptrnments, Georgia in con ederation with i: i • • ! , , i,. A n tu.,w ie.w -i ding und receiving Atnlmssadors; enter- twt.*l\e other plates, (formerly provinees.) • • . . . in , , declared itself in be a •* free & independent " , " t " tr ‘‘ u,les ni,d “Untnces, ami lastly state.”absolved fr<nn ull allegiance tn ilm '" ,,s v, ' sU '‘ l likewise Willi power to regn- Brilisli crown and that os a" free nnd hide- ' a,< ‘ trade and manage affairs with all lu- pondenl stnto she (in rimfctleratinn with her dians, &c. it never was contended that sister states) had full power to levy war con- her sovereignty over tho soil within her elude peace, contract alliances, establish admitted limits was impaired. On the with the Iii- nmvul, or knowledge!the thirteeiiconfederatedstules.' cl ' c '""M’rilm tlieir Hunting grounds, or Georgia being one, “ to In* free, sovereign “"'T 1 ikern as morn hers ot the social com- and independentutates,”and relinqtiislind in |M*«t,ur finally extend its Legislation over e press words “oil claims to the Govern ' meid propriety and territorial rights of the same.” eiuiie peace, contract alliances, establish admitted limits was impaired, commerce, and do all oilier aeh and things contrary tlmt she might treat will * \*rfm t* knnvvledoed the • circuiiiscribo their hunting grot lienlur state or nut. There was at tlmt moment a shadow of a contest between tlie F. .States and Georgia upon this sub ject, which was not settled until the nrti- cles of agreement and cession were signed between I lie,in in 181)2—yet nttlie time id' adopting tlie constitution, the F. 8. Imd acquired considerable territory hy cession from Virginia,New-York and other states. Therefore it was necessary to give to Congress a pow r to reguluteand dispose of it. lint over that which did not belong to the F States,and Imd never been ceded, and vhiclt clearly belonged to a Stale, Congress was vested with no power of regulation or disposition. If previous to 1802, she Imd uuy claims to territory within the limits claimed hy Georgia, the Failed Slates did not derive them from the constitution, hut from the treaty.of peace, or some, difficulties pretended (and they were only pretended) concerning boundary. liut since 1802, these ditficul- ties Imve vanished. Ity the articles of agreement and cession,signed in that year, the claims of Georgia to all lands resented to herself hy that compact, are distinctly every thing and every body “within its ,.| m itted and re '.ogn.ged To the tcr- mvn limits,” upon points not incompatible ... with her own constitution, or the articles I ho pnople of Georgia having been thus nfconfederalioii. In short, it will he is2h,mT.n.ir» r Lf 0 |T S sovereignty f()Und ( (J M , rg ia parted with more of ascianaocl and (ixurcisca by Great Britain •. 4 * \ , .. , over tlm soil ami territory within her limits, '**. «> v 7«'S |, ty 118 dc !' lv « d 0len ' in the satin* ample, unc.itutrollud and unli Bntiun hy the mvolutiuti, ill tclation to mited intinner as the same hns been possess- t 18 eights of domain, or ofdisposilig of the ed by tlmt power, it is now necessary tu on- soil mid territory within its limits, mid of quire whether she 1ms divested herself of deriving from it every supply of its ncccs- any portion of her sovereignty, by nay uet ■ sitios, mul other advantages whiuh it wns or compact, between herself ami her sister states ? cnpnhlc of yeildin -pi .. . , ‘2d. IIusGeorgiayeildedanyofhersor- l here are only three nfsucli acts nr com- . . pacts, to which she wiisaparlv. hy which re.gnty on Ins pmut, by the adoption ot it can ho contended, she made niiv such ro- tho Federal constitution? The investlgn linquishments of sovereignly, either as to tion of this branch oftho subject is sub- domain or empire. They are 1st. The ar- limoly important, ns affecting, deeply af- ticles of coutodnration. 2d. The Federal i feeling, the interests, the rights, the pow- coiiBtitulion.aiid 3d. The articles of agree-1 era nnd remaining branches of sovereignty meat & cession concluded between the Uai- |, nth , )ft | 1(! 8t . V eral Stutesnnd oftho people, ted States nnd Georgia on 24th Anri. 111(12. . , , , , , ,, . , Each of these will ‘be examined’ in the, 1 ,e,! 08 ' , s "' ul * 1 the order weight ot the task I Imve undertaken. Yet 1. The articles of confederation. T might ■ wi " '« s s«y *° preform it. There is some, save myself all trouble of examining this‘thing like merit even in the failure to sus- tostruiucnt bccuusu whatever provisions it tain such a cause. Ill the eyes (.fall good niury thus reserved, then tlie F. States huve no claim, and of course Imve, no power of regulation or disposition—Nay the claim of Georgia thereto being thus ad mitted, there is nothing in nny partofthe constitution which can or is permitted to lie construed to “ prejudice” it.—Now what States whose locul situation ndmitled it, ral government few mill lire (/(ft,,,/ 'n" ho denied to the citizens of tlm United which remain to the stall's ' Slates in general. It was proper there-, ami indefinite, fore, that tlie power should he eonfided loj The former will lie the Union, who could best “ regulate or on external objects, asw establish general nail uniform rules, hy which it could ho conducted, so ns tlmt its benefits should l>e equal to all alike, and greater harmony l>e preserved with tlie tribes themselves. But is it distinguish ing ton nicely to sny tlmt in railing them “tribes”(while,other with whom tlie consti tution confers pmver to regulate com merce,” ure called “ imtiuns”)ihe framers if Mint instrument intended to deny them a right of domain to tlie counrty over which they wandered or limited? It seems to me, it is not. There musthave been some' reason for calling them “ tribes,” and others “ nations,” and no oilier cun lie conceived. But he tlmt as it may, it is perfectly inconceivable,that in assentingto tliis power,nny Stute intheFuiou intended to relinquish auv portion of hersovercigiity falling uudurlhe dcnouiiuniion of" right of domain," otherwise they would never have inserted the provisions we Imveqiint- pi'tl, viz,: “ That nothing in the constitution dmuld he construed to prejudice thecliiinis •fatty Slate,” to the unappropriated ter ritory within Iter limits. Tlie same reinm ks may be made ns re- gartls the only other clause in the constitu tion from which a renunciation of a right of domain can lie infered, viz. : tlie power “ hy and with tlie advice and consent of the Senate, to make treaties, provided twothirds of the Senators present con cur.”—This is a grant of power, which evidently looked to foreign affairs. In the articles ofcufederatiou, n similar pmv er Imd been granted, with the addition of the words, “ witli any King, Prince, or .State.” We Imve already attempted to shew tlmt hy actual practice none' of the States, conceived that this power in the confederation, took from them uny por tion of sovereignty involved in the right of domain, hecuuse many of tlmm pro ceeded ro remove front their unappro priated lands, the Indians who occupied I hem, some hy war and violence, ns (lid the .State of Virginia with respect to tier lands on tlie Ohio and Kentucky rivers, and some hy treaties and contracts, as did New York, Georgia, and perhaps some others. Now it is inconceivable tlmt (lie omission of the words “ King, Prince, or Stale,” can lie construed sntoenlnrge the [lower, ns to infringe any right of domain before possesesed by the States. jJiere is however very strung proof that snjwfinf the States did notthus eonslruethe gi'TqJI. Tlie federal constitution h ol been rajifUd by a competent number eFNitUes onlfflh September, 1788, (1vol. Laws' -S S p. 60) nnd went into full operation nil 4h Mareli, 1781), vet oil tlie 22d Sept. 1788. on *25ih Feb. 1789, nay ns late ns lfitli und-22d June, 1799, rontructs, called trea ties, were made Between the State of New York and tlie Indians within her limits containing relinquishments of laud for a stipulated price, und concluded hv (lie Indians with lliej authorities of the State of New York alone, (see pages 319, 29,21, *22, of I vol. Laws F T . S.) The vn liditv of these contracts I Imve never heard questioned, and why ? Because these In diana being upon land over which New York possessed a right of domain, and clearly within the jurisdictional limits of tlie Stale, it was conceived tlmt there was nothing in tlie federal constitution which prevented New York from entering into arrangements or contracts, with such In dians prcpiirntury to settling the country. “disposing of it ns site thought proper, ami deriving from it every advantage it was capable of yielding.” Better to elucidate my ideas upon this subject, I must be pardoned for wlmi I fear may he deemed a dig ession from the point immediately under discussion. I Imve suid tlmt the sovereignty of a nation over the soil mid territory of the country it has taken into possession, consists of two rights.—“1st. Tlm domain hy virtue of which tiie uatiun alone, itiny use this country for the supply of its ncce sities may dispose of it ns it thinks proper, und derive from it every advantage il is capa ble of yielding, and 2 the empire, or the light of sovereign command, hy which the nation directs and regulates at its pleasure empire, while tl„. f4 connected with the ‘•impem'iaent and prosperity” of tlie slat.', if fi,ev da i, )t necessarily grow out of the right are so intimately connected wall it,«, M easily to he exercised with.ui> it. 'll,m u certainly no “defined poire<•” in the crni..;. ration giving to tlie federal goveraaienlil« sovereign light of domain damme by til i,,. gi.ii over her vacant territory mid t ut j,. federal government was not imt'iulnl exercise it by nice construction is cviJut not only from the amendment* of ilnic* stitution before quoted, bill is much so from the repeated declarations of iniuj “ftho states contained in tlieir ratili - linns, .in which they -emphatically st "that every power, juiisdictinu and ri.'t not clmrhj delegated to the Congress ol'ili United States, or the departments uf the government therefore remains to the p,. pie of the several slates, or their respect. I ive slate g'Aarmnnnts tn whom thev imiv Imve granted thp same.”* This, then,iv’i the sense in which tlie pariics to tli.u itistru- ment confirmed the grant of powers, :vl it would he treachery to the rights of tlie people and the States to sny dial it was to be construed in any other sense than tlint which the parties tn it entertained of its provisions when adopt d. There is upon tliis point one other mi. I thnrily, with which I shall conclude this brunch of tlie discussc n proving beyond | doubt the sovereign right of domain in the Slate of Georgia, to the territory i qiiestiun It is tlie opinion of the Sup eme court in I i lie ease of Fletcher and Beck, (i Crnnelj Hep. !>• 87. That court confirms the opiu. I ion I have advanced in relation to the Sov ereignly oft he British crown and udver. ting to the proclamation of 170;) wherein cerl.iin lands ure reserved forthe use nf il n - Indians, it says, “ the reservation for the use of die Indians appears to lien he porart) arrangement, suspending lor a tern), the settlement of the coan/ri/ resercui, and the powers of the royal govern"!, within the teriitory reserved," &.c. U.v is at mice no admission of die right ol - mnin. Tlie royal goverumeut might i might not, suspend the scttlcm nt d' u.v country. Il wns in its.discrction to rcpei! the act ol suspension. Tlie same pmver stis transferred to Georgia, wlm did forii/iwg time exercise tlie same power nl'suspen sion, uud muy repeal it when she picas.i In another pnrt oftho decision, p. 128, the "glit of domain in* Georgia, is miMC di- tinetly nrhnitted—» Tlmt the Lege Inliiro of Georgia, imicss rclaim'il by its own constitution, possesses t i 1miner of disposing of the uimppropr.. uted lauds within its own limits in sink manner ns its own judgimicn shall diciaie is a proposition not to be controverted."—. AllO (in page 142-3) in the saimt euse it n decided tlmt the nature of the Indian tiliv was not such ns to he absolutely ropm'iinnt to a seizin in fee on die part of tlie slnitt These principles, if correct, leave no doubt uf the sovereign right of Georgia— The decision last adverted to has kirn made upon a circumstance which took place long since the adoption uf the com stiliitinu, and m no part uf it, is it even hinted, that either the power to regain* commerce With the Iiidmus or the punt to make treaties in the slightest degree impaired the rights of the Stute. • Men Ri.tificution of X. York, p. 427, .tourie? of Convention—The Kutifieslon of six other suit? contains ximilsv closes. [7*o he cunautlctl in our next.) rnoM tub QBonniA imthimt. GEN. GAINES & GOV. TROUP. HEAD QUARTERS. E vsrsn.x Dv.rAnTMBNT, \ MlUdgcvilte. August 26 U-’•) Sin,I Iiiivo received your comniuniciUiou througli Mr. Secretary Pierce, with two pa pers purport ing to be copies of letters Ire* 8 your Excellency to tbo President of tho T) every thing tlmt passes in the country.” is tlmt claim l Wlmt was the extent of it j I havc attempted to show tlmt such snv- in those from whom Georgia derived it? ereignty was possessed, claimed nnd oxcr- lt was one of complete sovereignty, of cised by Great Britinn hefores the revolu- domain and empire, us we Imve nttempted 1 tion, and hy tlie revolution was transfered to show, volutimmry admission h - a - . , - . , ... us Well as each of tier confederated sisters, lms not been yielded ;but I insist that up- ding your avowed resolution not to w rite within their every limit, was a “ free sov- on the minutest examination 1 cannot dis- tome. , ereign anil independent State,” to wliom cover (nor do I believe) that nny portion' To this wise Expedient, to preserve. wus relinquished “ all claims to the guv- of that soverci eminent, propriety nnd territorial rights right of domin of the same.’* And thus, ns wo have seen 1820, liut that what has been yielded, falls ‘ 7 nj " ..' - /;n2i 'ni7d araunicnts,” to assure nothing of these claims Imve keen yiold uuder the second branch of sovereignty, 811,1 ' • ...s.toc.r. ed. t I comprehending the right of empire. In * ' otlier words that allhough Georgia cannot, * See Turaty of Peace. eiucc the adoption of tlie Federal, Cou How was it derived? By tlie re- and acknowledged to be in tlie people of; J t bearing elate tlie 26th, July a"‘l d |h ry war which terminated in the , Georgia. Now, I do net contend tlmt no | ^ u „ HS ’ t . wherein, it appears you are plea- i hy Grent Britain tlmt Georgia, portion of the sovereignty thus nequired, e 0 d to write at me and of me, notwithsina- en yielded ;but I insist tlmt up- ding your avowed resolution not to w rite niitest examination I cannot dis- tu me. . do I believe) that nny portion' To this wise Expedient, to preserve tl rercignt v, as comprehending tlie t 'lmeiiso wciglit ul dignity under w J®' J. domin lias been ovielded untill l«nel]ency labors, 1 can'itavo. o -Ifie . |,„ D i...i r.n. 1 take tins occasion belure noticing >»« « DllUH'lI 7«'4» OlIU HI you that l Imve no authority, whatever, from the President of the United S a ' ■ • or Department of War, to write or JpM* 1 you upon nny other than public and «>