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& INDIANS’ ABVCOATE.
H'ffsassas, is,
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ELIAS BOIJDINOT, Editob.
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To subscribers who can readonly the
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Every subscription Will be considered as
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Any person procuring six subscribers
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shall receive a seventh gratis.
£ tetters addressed to the Editor,
fosi paid, win receive a»«? attention.
their mines, is as entire and perfect
as to any part of their lands, or as to
any use of them whatever. The oc
cupancy in perpetuity to them and
their posterity, belongs to them of
right, and the State of Georgia has
no other right in respect to the Indi
an property in their lands, than the
right of pre-emption by fair purchase,
no other interest in the lands, as prop
erty, belongs to the States, and to
take possession of the mines l»y force,
is substituting violence for law and
the obligations of treaty contract. It
appears to be altogether without any
foundation, to apf.!y the common law
doctrine of waste to the cas?, and I
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IN^IAUZ.
From the Georgia Journal.
New l oka,Get. 13, 1331.
Dear Sir.—i v>us lavon d yeslor-
day wuti your letter .of Hie 3d mst.
luguiitei' w.iu the Southern iiecorder
oi dept, riiha, conuuniig your opin
ion in the or,so oi tnt Stair oj Georgia
vs. Gantt too.
i iiai csim.>ii has been read by me
whit groat euro ami attention, ariJ
ngf-tfatiiy lo your retjuesi I subjoin I
tile, eoiitiusiuns, to wui^^ jiiy tivtl
'Ihind iiiii amveii, in answer to the
f.vo a>. iiorirti puiiiio in tiirt c,;se.
i. t( appears to mo taai upon the
wtifie, t;K> mature applies to Hie
case. 1 can only judge A obi the cx-
ti j-Ui trout it contained III your Opin
ion. The statute asserts that me [
Uln.es ailuned to, m c. oj right the pr p- \
S 'itj vj Georgia, ana it authorizes nit
Goitir.un to tales possession of those
tn.it. 1 9, and to employ Jvrce to protect
themjtom all juh.tr trespass, t pie-
•umo bucli luieiolc possession has
been talieu, and that the oilouce al
leged tiguiun me Cherokee ludiau a-
I'oso subsequent iy. But the state-
moat is so exceplionubto, in reference
to tiie rights of the Cherokees to
tneix lauds, (and which include the
mines thejniii, as well ns the trees
and herbage and stones thereon,) uii-
dec tile existing treaties with them,
and m reference lo the eonstiiuliou
and constitutional authority of the
United Sij^cs, that I agree with you,
that such' » statute should receive an
interpretation, if possible, favorable
to constitutional mid * treaty rights.
If such a statute does not apply in ve.
rg Urn,i, to the very case of a Cher
okee Judiau digging in the mines, the
benigu intendment would be that the
Legislature did not intend it, because
swell an intention would contravene
Abe clear rights of the Cherokees, to
Ibe undisturbed use and enjoyment
*•1 the lands within their territory,
secured to them by treaty.
2d. But the better way is not to
vest upou any such construction, hut
'-to go at ouce, as you have done, to
the great aud grave question, which
-assumes the statute to have intended
lo deprive the Cherokees without
their consent and without purchase,
®1 the use aud enjoy nu-nl, in part at
least, of their lands secured to them
by national treaties, and which calls
into discussion (he constitutional va
lidity of the Statute.
On this poiut I am entirely with
ypu, end in niy opinion your argument
is sound and conclusive, and you have
examined the subject with candor and
accuracy, and with the freedom of
judgement which yom; station and
character dictato.
t 1 am most earnestly persuaded,
that the Cherokee title to the sole
nse and undisturbed enjoyipcnl of
caunot but think that the Legislature
of Georgia would not have passed the
statute, if they had duly considered
that the Indian lands, have never been
claimed, or the occupancy of them,
in the most free and absolute manner
by the Indians, questioned, either by
the royal Governments before the A-
nierican Revolution, or by the Union,
or by any State since, except in epen
wars, or except the claim was found
ed upon fair purchases from the Indi
ans themselves. The proceeding of
Georgia in this case is an anomaly,
and I think it hurts the credit of free
and popular governments, and the
moral character of our country, and
is in direct violation of the constitu
tional authority of (he United States,
as manifest (id by treaties a.id by stat
ute. I cannot think that the high-
spirited, free and noble race of men,
who compose the citizens of Georgia,
would ba willing on re-consideration
to do any such things.
Yours respectfully.
JAMES KENT.
Hon. A. S. Clayton.
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DB EXSYtS.
Great pains are taking in various
places, lo excite the feelings of the
.peoplo ih/onghput the country, on be
half of several individuals who belong
lo the state of Maine, who have been
convicted and sentenced to imprison
ment, by a court in the British Prov
ince of New Brunswick, for allcdged
bfleneo against the laws of that piov-
jfice. The difficulty bolwcen that
fefate and New Brunswick, arises
from a dispute about jurisdiction, the
late award of his Majesty the King of
Holland, either not having been es
tablished, or being satisfactory to the
parties. With the merits of the
controversy wo are not acquainted.—
Probably, when Congress assemble,
the matter will be laid before them,
and thoroughly investigated. For
that result the state authorities ap
pear, very jifoperlyj to he disposed to
wait.
The object we have in view in no
ticing this subject is to remark how
differently the treatment which these
inhabitants of the state of Maine have
received, operate upon the public
feelings, compared with that which
has been experienced by two natives
of ths United -States from the must
savage persecution of the state of
Georgia. Two clergymen, who went
to reside among tho Cherokee Indians,
with the fall knowledge, assent and
approbation of the United States gov
ernment, and whose conduct has been
uniformly such as that government
approved, countenanced and sanction
ed, until sineo General Jackson’s e-
loction* are now in a state prison, at
hard labor, among the most abandon
ed villains and miscreants, for residing
among the Cherokees, without a li
cense from the authority of the state.
Allowing the state of Georgia the
right of jurisdiction,, which, in our 0-
piiuen, they do not possess, the act
eonsMutirig such an offence a felony,
i.-nd punuliablo in the same manner
w’ih horsestealing, burglary and high
way robbery, l foul disgrace to
the character of 0 community which
claims to be not only civilized, but
Christian.
Eve:-, the pretext far this Algerine
barbarity is hi - he highest degree <Jis-
reputable to the character of ths
state, for il is nothing more than an
apprehension that the Missionaries
might dissuade the Indians from quit
ting their country, and removing into
the wilderness. If there was any
real causa for this opprohtmsion, i.s it.
a criminal offence in ihis country for
one inhabitant io givo his advice or 0-
pinion *0 another, respecting his do
mestic interests? Are the common
offices of friendship and good neigh
borhood to lie aggravated into felonies,
and made liable to oust severe and
infamous punishment? It is in vain
for the people of Georgia lo flatter
themselves that they can find a refuge
! from public opinion, and general re
proach, unJcr the overshadowing
wings of General Jackson’s adminis
tration. Let it be remembered that
he is by far the weakest and most ig
norant man who has held the office of
chief magistrate of this ooimlrv, and
of course his opinion ip. worth just as
much less, on any important subject,
than those of his predecessors, as he
ranks in point of intelligence below
them. But the civilized world will
not he at the trouble to take into
consideration the mimilia of this sub
ject. They will loarn what the of
fence and iho punishment are, and it
is impossible that the case should not
meet with (ho reprobation of all just,
enlightened, and honorable individuals,
as woll as politicians and statesmen.
And yet, while these men ore en
during not merely the toils and hard
ships, hut the horrors of their situa
tion, there is comparatively little feel
ing at the existence of such deep and
indelible stigma upon our national
character. How long it will last we
do not conjecture. Jour years are al
lotted ns the duration of their punish
ment. It is hardly to be expected
that men unaccustomed to hardships
of life, can endure such severities ns
they must experience, for such a
length of time. We hope the public
sense of injustice, of hardship and of
disgrace, will produce befero those
four years expire. We had cxpect-
qd that a general effort would have
been made in the country, to induce
the national government to interfere
in behalf of these injured men, and
rescue them from the stale of suffer
ing and degradation to which they
have been reduced.—A*. Y. Dai. /id.
CINCINNATT1 SYNOD.
Day of fasting and prayer.—Where
as many evils exist in our church and
nation, vihich if persisted in, will,
sooner or later, call down the judg
ments of heaven. Therefore, in view
ot the dissentions and alienations of
affection existing among the ministers
of the Presbyterian church;—In view
of the continued profanation of the
Sabbath hv the carrying of Iho mail
and opening the Post Offices on that
holy day;—In view of Iho deplorable
condition of the coloured population
of our country, and the sin of oppres
sion awfully prevalent in our land,—
And in view of the trials to which our
missionaries lo the Cherokees in ihe
state of Georgia are subjeclud--Rc-
solved, that the 1st day of January be
anti it hereby is set apart ns a day of
fasting, humiliation, and prayer, that
the ministers and sessions under the
care of the Synod, be requested to
convene their respective churches and
mile in supplication to the God of
mercies for the outpouring of his
spirit upon our < hut ch and nation, and
the removal of the abovementioned c-
vib from among us.—Cin. Jour.
The following note is from it gen
tleman recently from the Cherokee
country, whos-r memory is at least as
good as Col. Nelson’s:—JV. Y. Jour
nal oj Commerce.
Messrs. Editors,---Col. Charles H.
Neison alleges that bis severe treat-
in«nt of the Missionaries was on ac
count of their instigating the Chero
kees to rescue them from his power;
•and as proof, intimated that a gun
was fired tiaar Mr. Worcester’s for
that purpose.
The treatment complained »f was
endured by the Miasiotiarias in June.
and the tiring of tha gun was in Jht-
gust,—entirely without iho knowl
edge or concern of Mr. Worcester.
Yours respectively,
F. ART HERN WAUE.
From the Nr-w York Ob erver,
LETTER FROM PARIS.
The following is an extract of a
letter to the editors of (his paper,
dated Paris, Sept. 18th:
I have not time now lo give you an
account of my most interesting journey
through Lombardy, Switzerland, part
of Germany, and through the eastern
pa.it of France. 1 have notes of eve
ry day’s adventures, and these I shrill
give you in detail in a series of let
ters as soon as I have uiy mind suffi
ciently at ease, i found on my arriv
al here my friend, Mr. Groenougii,
the sculptor, who had couie from
Florence to model the bust of Gen.
Lafayette, and wo arc in excellent
convenient rooms together, within a
few doors of the good General.
I called yesterday on Gen. Lafay
ette early in the morning. The ser
vant' told me that he was obliged to
incat the Polish Committee at an
early hour, and feared he could not
sec me. I sent in my card, however,
and the servant returned immediate
ly, saying that the General wishcd.to
sec mo in his chamber. I was usher
ed through scvercl rooms, aud entered
the chamber. The General was in
dishabille, but with his characteristic
kindness he ran forward and seizing
both my hands, expressed with great
warmth how glad ho was to soe me
safely returned from Italy, aud ap
pearing in such good health. lie
then told me to be seated, and with
out any ceremony began familiarly to
question »n« about my travels, Sic.
l'he conversation, however, soon turn
ed upon the absorbing topic of the
day, the fate of Poland; the news of
the fall of Warsaw having just been
received by telegraphic despatch, f
asked him if there was now any hope
for Poland, lie replied, “Oh, yea,
their cause is not yet desperate, their
army is sale; but the couduct of
Fi ance, anil more especially of Eng-
land had been most pusillanimous and
culpaole. Ilad the English govern
ment shown the least disposition to
coalesce in vigorous measures with
France for the assistance of the Poles,
they would now have achieved their
independence.” The General looks
better and younger than ever. There
is a healthy freshness of complexion
like that of a young man in full vigor,
and his frame and step (allowing”for
his lameness) arc as firm and strong
as when he was our nation’s "uest.~ 1
sat with him tenor fifteen ^minutes,
and then took my leave, for I frit it
a sin to consume any more of the lime
of a man engagad, as lie is. in great
plans of benevolence, and whose eve
ry moment is therefore valuable.
- The news of the fall of Warsaw U
now agitating Paris to a degree not
known since the trial of the ex-miuis-
ters. About 3 o’clock, our servac 1
told us (hat thero was fighting at the
Palais Royal©, and we determined to
go, as far as we prudently could, to
see the tumult. Wo proceeded down
the Rue St. Honor®. There was ev
ident agitation in th« multitudes that
liMed the side-walks,—-an apprehend
di#vti of Dortit)(!tii)^ 6w tfiTtiUfJO.*-**
There were groups at (ho corners;
the windows were filled, persons look
ing out as if in expectation of a pro
cession or of some fate. The sho-s
began to he shut, and every now an ?
then the drum was heard heating to
arms. The troops were assembling*
and bodies of infantry and cavalry
were moving through the various
streets. During this time no noiJo
was heard from the peoplo,—a mys
terious silence was observed, .hut they
were moved by the slightest breath;
If one walked quicker than the rest,
or suddenly stopped, thither the ^
qoiring look aud step were directed,
and a group, instantly assembled At-
the Palais Royals a larger crowd bad
collected, and a greater body of troops
were inarching rnd countermarching
in the Place du Palais Reyale. The
Palais Royale itself had ihe interior
cleared, aad all the courts. Every
thing in this place of perpetual gaie
ty "as now desolate; even th« fouft
lairs had ceased to play, and the scar
ed, autumnal leaves of the trees
some already fallen, seemed congru*
ous with (he sentiment of the hour.
.Most of the shops were also shut, and
the stalls deserted. Still there was
no outcry, and no disturbance. Pass
ing through the Rue Vivienne, the
same collection of crowds, and of
troops were seen, and seme were
reading a police notice just pasted on
the walls, designed to prerrnt the
riotous assembling of the people, and
advising them to retire when the riot
act should be read. The notice was
read with murmurs and groan*, and
Iliad scarcely ascertained its con
tents before it was torn from the
walls, with acclamations.
As night approached, we struck
into the Boulevard de la Madeleine.
At the corner of this Boulevard and
the Rue dcs Capucines is tho hotel
of Gen. Sebastiani. We found before
the gates a great & increasing crowd.
We took a position on the opposite
corner, iu such a p'ace as secured a
safe retreat in case of need, but aL
lowed us to observe all that passed.
Here there was an evident intention!
in the crowd of doing some violence,
nor \yas it at all doubtful what would
be the object of the attack. They
seemed to wait only for the darkness,
nnc! for a leader. The sight of such