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DOJAAK’riit.
AGENTS.
. WiUiani K. Holley, Maryville, E.
Iipsseo.
0. Williams. Colosse, NewY r k.
Indians.
From the New Yo k Observer,
be following is from our corres
enl: ■
Washington, March 5, 1832.
o communication that I liavn yet
e (o you has borne such iotelli-
cas the present--that of the tlo-
ii of the Supreme Court of the
ed States in favor of Samuel A.
cesier and his companion in bonds
ribulalion, and in the kingdom
patience of Jesus Christ; banish-
otliko the beloved Jolin by a
to tint free air of a Pat mos, but
omlemned felons ton narrow pris-
ousc by a Georgia Judge. Oh
r “tender mercies.” But God
“vindicate the just.”. Judge
shall delivered the opinion of the
it oa Saturday. It is clear and
isivc. It comes up lo the whole,
a 1th of the idea of the sainted
its, as expressed in the advice lie
5 to the missionaries as he drew
r to his rest. L‘ may he consider
a complete fulliliuod?! d his pre
lion, The’Chief Justice, distin-
slieil as well for the most delibcr-
coolness of judgment, as lor his
at reasoning powers, spoke of the
islimeiu of these men as a dit-
ifut one. “if,” said he, “it can he
sgraco to inflict punishment on in-
tmen.” An interfiled crowd at-
ded to hear the judgment.
[it would seem that the court has
;ed the first constitutional oppo *-
lily to give its opinion in' the case,
e reason, it appears, why the suit
s not entertained last spring, is that
relation of the Indians to our gov-
ninent is such that they cannot he
arty in any case before this tribu-
|l. But Mr. Worcester, ap a citi-
rt cftlie State of Vermont, with all
e privileges appertaining to such
tizenship, could constitutionally op
al from the judgment of an interior
ibunal of a state to the great tribu-
I here. The whole question be-
tech Georgia *and the United States
s» thus drawn into the argument,
d is now settled by this court. Up*
i the validity of the hw by w hich
s was condemned thuv pronounced,
id the whole proceedings ot the
Borgia court are declared null anil
aid.
After tho opinions were pronoun-,
ed, Judge Marshall turned to his as-
iciates anil asked them, “shall n
mndfite he sent for the release iof
ie appellants?” The Judges pres-
hi (Judge Johnson was absent) with
'e exception of Judge Baldwin, who
issented for want of jurisdiction,
''ddeif assent, whenr the clerk was
httetod to prepare the message of
, _ I add and justice, too,
for the imprisoned missionaries. I
understand mat it is committed to
the care of Mr. Chester, a Georgian,
one of their counsel, who has token
his departure for the south.
An abstract of the opinion of I lie
Cloiirt as delivered by tlie Chief Jus
tice, you will see in the Intelligencer.
Below is a concise sketch of the sep
arate opinion delivered by Judge Me
Lenn. # This inbtneiuous result has
produced a great sensation in the ci
ty, andm tlie Capitol. I bear to-day
letters ad/tross^d to the Editor, t|wt MitTre wasMuch excitement in
aid, will'receive dug attention. a 'he HouSe ot Representatives upon
some proposition' arising out of the
decision. It has also been shid that
Georgia will resist. The oust con
tradictory reports prevail ns to the
course the President has skid he will
take. This 1 can vouch for—a mem
ber of the B inch has said the Presi
dent is not committed. There will
probably bo little opposition to the
release of the missionaries in the im
mediate vicinity of their abode, as I
Uni informed considerable sympathy
exists there as well as a sense of justice,
it being admitted that tlie punish
ment inflicted is widely proportioned
to the acts with which they aro
•.barged.
Doubtless “prayer without ceas
ing has been made of-the church,”
for (he suffering brethren. May the
angel of mercy soon visit them and
break their chains. Tho principles
involved—the crisis impending in con
sequence of the event of Saturday,
are vast and vital. The slrength of
(he Union i« again to be tried. ^
The following is (lies abstract of
the opinion in tin* Intelligencer, al
luded to by our correspondent.'’ -
On Saturday last, Mr. Chief Jus
tice Marshall, delivered the opin
ion of the court in this case, rpvers-
the judg. enl of (lie^Superior
Court of Gwinnett comity, in Geor
gia. The effect of this decision is,
that the recent acts of Georgia ta
king possession of the Cherokee coun
try, and jarovidirg fov the punishment
of persons therein residing without
the license of the Governor, and with
out taking an oath of allegiance to tire
stale, are declared null and void, as
contrary to the constitution, treaties
and laws of the United States.
The opirion of the Chief Justice
was very elaborate' and clear. He
took a review of the origin of the Eu
ropean title lo luftds in America, upon
tlie ground of discovery.' Ho estab
lished that this i i»ht was merely con
ventional among*tjie Em'Opoan^^Sjiy-
ornWnts themselves, and for (heir
own guidance, and the regulation of
tljAir owH& claims in regard to each
other, and in no respect changed or
affected to change the rights of the
Indians as occupants of the soil: That
•lf(*only effect of the European title
was, as between European nations,
to recognize an exclusive right of
trade and intereburse with the In
diting. and of ultimate domain jn the
territories occupied by the Indians
in favor of the nation or govern-
mont whoso subjects were the
first discoverers: That all the. Eu
ropean goveininents, Spain, France,
and especially Great Britain, had
uniformly recognized the Indian
tribe* and nations ns distinct com
munities. capable off and entitled to,
self-government ns states, and in no
respect, except as to .their right of
intercourse with other European na
tions, and the right of pre-emption in
tho discoverers to purchase their soil,
aq under the control or power of tlie
Europeans. They vyere treated as
rations capable of bolding, a nil ceding
their territories, capable of making
treaties and. compact?, and entitled
to all the powers of peace and w?r, (
Htid not as conquered or enslaved
communities. He demonstrated this
from various historical fj\,cts ?
showed that when u P on
I (ion, lh ■ United Colonies succeeded
i to the r)ghts*and claims of the moth-
I er coimtry, the American Congress
I uniformly adopted and adhered to the
jsaine doctrine, both before and after
/ho confederation 4 , that' since the a-
doptioi, onlie dbustitution the same
I doctrine had as uniformly prevailed
| in nil the departments of the govern
ment; and that the treaties with the
! Indians were held,to be treaties, and
obligatory in the same sense as trea
ties between European sovereigns.—
lie showed also that this had been
the established course of things re
cognised by r Georg'a herself, from
the adoption of the constitution down
to tlie year 1829, as evidenced by
her solemn acts, compacts, anti laws.
• Ho then showed that by tlie Consti
tution, the exclusive power^belonged
to tho United Stales to regulate in
tercourse with the Indiaits. and lo re
ceive cessions of their lands; and to
make treaties with them. That their
independence of the State Govern
ments had constantly been upheld;
that, the right of possession lo their
land was solemnly guaranteed by the
United States and by -treaties with
them, until that title should, with
lliejr own consent, be extinguished,
and that the laws passed by Congress
had regulated the trade and inter
course with them accordingly. He
now reviewed tliq laws of Georgia
in quesljon, and pronouenred them to
he repugnant to the Constitution,
treaties and laws of the United
Stales. And lie concluded by main
taining that tho party defendant in
the* present indictment was entitled
to tlie protection of the Constitution,
heaties, and laws of the United
Hi n«*t ii*«i ^onrnria : bad no au
thority to extend her laws over the
Cherokee country, or to punish tho
defendant for disobedience to those
laws in the Cherokee country.
Mr. Justice McLean delivered a
separate, opinion concurring, in all
things, in the opinion of the” court.—
Mr. Justice Baldwin dissented.
From the N. Y. Journal of Commerce.
* ' CONGRESSIONAL.
Monday, ‘March 5. *
In'Hie Senate, tho apportionment
bill was token/*rtip, with Mr. Web
ster’s amendment, and it was discuss
ed till the Senato adjourned,
In the IJouu of Representatives, Mr.
Adonis presented a menioriai of cer
tain citizens of tlie city of New York,
in faviv of the Cherokee Indians and
the mje’jjonaries recently imprisoned
for disobedience of the laws of the
Snileief Gteorgin, which he moved to
refer to a Select Committee.
Mr. Speight moved mat it be re
ferred to the Committee on Indian
\flairs.
Mr. Bell, Chairman of the Com
mittee on Indian Affairs, observed
that petitions on t N e subject referred
to in this memorial .Had been hereto
fore referred generally to a Commit
tee of the Whole on the State of the
Union; and it might pcrOnps be prop
er lo’givc this tlie same direqtion.
Mr Adams said that the House
would dispose of the memorial in
such a manner as it should think tit,—
for himself he could hardly say w hich
courso would be the mest proper—-
personally ho should prefer thdt it
should to the Committee on Indian
Affairs, or to a Coinmittee ori the
state of the Union, rather than to a
Select Committee. Tlie subjoel was
one on which, but for the accidental
circumstance of bis having charge Of
this memorial, it |iad not been bis in
tention to trouble the House during
tho session; very unexpectedly, how
ever, lie hud* a few days before re
ceived a letter informing hifn that a
memorial vei*y numerous^ signed
would be sent to the House, and that
it was thexvish of some of the mem-
orijtfftts that it should bo presonted
by bin). Business had prevented his
answering the loiter immediately, as
he had intended to do, declining the
honor conferred on him, and the
memorial consequently came on, di-
ree'ed to his care. Under these cir
cumstances, he felt it his duty to
present tho memorial to the House,
and he had also considered it his du
ty to inovo its reference to a select
committee. For this, lie had two
reasons. He was well aware that
subjects of a similar kind bad gone to
the committee, oil Indian Affairs, and
bis first idea bad been that that would
be the appropriate, but in addition to
the precedents cited by the Chnir-
man of the Indian Committee, (Mr.
Bell) another had Occurred of a more
recent date. When the resolution
offered by the gentleman from Geor
gia. (Mr. Clayton) in reference to
ibe United States Bank, had been
presented to the House, it hod boo.,
proposed to remr it tp a select com
mittee, although a full and complete
reference of that whole subject had
been previously made to the commit
tee of Wiiyg and Means, which com
mittee had reported a bill, re-char-
lerii g the Bank. Notwithstanding
that reference the gentleman from
Georgia wished a select committee,
and that for a -resolution which went
to inculpate the Bnnk of the United
Slates, and proposed to make the
conduct of that institution, in some
sort, the subject of a criminal inqui
ry. There wns something in the
present memorial, of jn analagous
character. It preferred a complaint
against one of the States—and that
very State from which had pro
ceeded (he memorial against the
Bank. An incident which liad ro?
cently taken place in another part of
tnc V^upilOl, line ou|mv..,v o---.
Room,) presented to that House and
to the People of tho United Spates
the subject of this memorial .with a
solemnity which had never before be
longed to it. Possessing all confi
dence in tin? committee on Indian Af
fairs, it had still appeared to him
more appropriate, under these cir
cumstances, to move for a select
committee. He had no mere lo
say.
Mr. Wayne, of Georgia, stated for
the very reasons giveu by the gentle
man from Massachusetts, in favor of
referring the memorial to a sol set
committee, such reference appeared
to him inexpedient, especially that
reason which had respect to a recent
decision of the Supremo Court. The
memorial went indirectly to reproach
the State of Georgia with the course
she had pursued respecting the In
dians within her limits, and also, with
tlie operation of her laws upon parti
cular individuals. If n dccisioajijid
been given by which those laws of
Georgia were declared to be uncon
stitutional, with wliat propriety could
the House n«uv net on the ftiemtyynl
before it, before the subsequent
course of Georgia should be known?
He understood* that a mandate hod
gone to the court below to correct
its errors; tlie reasons cn which it
was founded would soon be laid before
the public; and though Mr. W. did
not believe that it was the wish or
design of the gentleman from Massa
chusetts to throw into the scale of
public sentiment a decision of Ibe
House of Representatives, by the n-
doption of an elaborate report frrtm a
select 'committee; yet such it was
manifest would be lliffconaoqucnce of
tlie motion lie had mode. As one of
the Representatives from the Slatg
of Georgia, he was opnnsed to (he
appointment of a select coiljQfcit*
tee. ' - t
Mr. Clayton, of Georgia, ^ow said,
that it ivm not intention to offer
any disrespect to thg gentleman who
introduced tbiti memorial, as h.e be
lieved theflp was no one who cherish
ed towards him a higher degree of
veneration; yet he felt himself at lib
erty to say what he was well qo<>*
vinced the people of his State
would ssy, were they personally pres*
cnt. And that was that the gentle
men who had drawn up and presented
the memorial were doioi, what tlie?
had no right to do—were meddling
with whatedid not concern them, and
were acting impel lineiilly in the pre
sentation of such a paper. He wa*
almost afraid lo trust himself with
such a subject, representing as he did
half a million of tHe free people of the
United States, and knowing the great
dignity which thay hod Lately receiv-
ed in the pronouncing-of a decision
which he had hoped and belieVeil
would be resisted with the prompti
tude and spirit which became Geor*
gians, and which he was very turi?
never would be executed till Georgia
was made a holing wilderness.
As to the memorial, Georgia would
»r«ot It B . it „i,|. „ v . w .
reign contempt, for himself he did not
care where it went, though he should
suppose tlie most proper reference
would be to (he Committee on For
eign Relations, since it seemed now
to be settled that the Cherokees con
stituted an independent foieign king
dom. The gentleman bad refeired
to bis resolution with respect to the
Bank, but there was a clear differ*
ence between this and the questions—
it was expressly declared in the char
ter of the United Stales Bank, that
when its affairs were examined by tlie'
House, that task should be perform#
ed by a select committee. This wad
the reason why be bad moved that
tins resolution should be referred itf
such a committee, although the gen
tleman from Massachusetts had said
that the two eas^s were similar, yet
he should say. God forbid that Geor-
-t.,. ; i.i — i.«...,ir an - reef
ing with tlie Bank of the United
States, and whenever she was so
treated be -hon'd always rene! the
attack. ^Georgia 6tood upon a co
equal footing with the other States;
and far very far above the specula
ting of the Bank of the United States.
Mr. C. said that he had ris^h for
the express purpose of showing his
his contempt for that memorial; and
he wonld therefore, move an amend
ment to the motion of the gentleman
from Massachusetts, which was. tlmt
this memorial should be referred to
a select commitee, provided the Stefe
of New York should first consent that
a Committee of this House should
be appointed to investigate tlip man
ner in which that state liad-treated
the Indians within her limits. Ho
would ask the Representatives from
that State what thev would think of
an inquiry into the conduct of the
Slate of New York in sending off bwr
Indians to Green Bay to freeze (o
death after first taking away their
dominion from them? How would
New York like it, should Georgia
present a memorial such ns had now
iieen read? But he did injustice
that great and patriotic State. Tlu i
memorial, lie w r as confident, was net
the act of that State, but it v oM
turn out, on investigation, to he l'm
vvprk of a few of her citizens who
were dressed in black goons-- viio
professed to minister in holy" thi gS,
and made mans I'amdical ftretensien?
to superior benevolence, humanity,
piety, love to (be Indians, and nil
that—who (Jioupht that Georgia had
not peily enough—that she ha'ii not
sufficient regard to the prin ij I <s of
humanity, and who therefore were
graciously willing to take the 8tn(o
of Georgia into* hclrMioly keeping. '
The me mortal procelecil Front ;< ffei?
pragmatical individuals, who were
disposed to be busy bodies in. other
men’s mailers. If tho House had
any respect for a sister State, a -s0?e*
reigrt State, they would feneKinqh.
memorialists asthese-tbey wouljd,throw
such a memorial under. this fable, and
not aggravate to a. yet h'tgbqrdegree,
the feelings of a State already wrought
up to a higher pitch ttan. fbecoeld