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our belief. Hie Supreme
in thus declaring the law of
reia unconstitutional, has itself
%evond the pale'of its constitu-
1 authority, and interfered in a
Iter, Avitli about as much ri;$ht as
I have to4nterefere in the inuui.
u laws of Canada. We are equal-
Tlear in the belief, that each Slate
|(he constitutional right to create
own. criniimil code, a}', and to
ante U teo, upon any within her
|t«, hardly enough to violate its
Btments; As to violated Ttrca-
. granting for o moment that an
Ian tribe is a suitable parly to be
tied with, we would but observe,
(lie United Stales contract trea-
with the Indian tribes or any
Poner, the subject matter of
|h treaty must be such as is under
control, and subject to its aulhori-
lel it be remebered that the mere
Jof treaty making, however bind-
[in conscience upon the contract-
jarlies, confer* of itself, neither
tlie one on the other, righis, of
Icb they were not possessed be-
We have hitherto believed,
when Georgia entered into the
say that in his hands the horibr of the
State is safe. Whether the Sffprfemfe
Court will carryithe mattef faHher,
is to be seen. We trust it will not.
This is not the first time that Court
has attempted to reverse the laws of
a State; and found its authority de
clared, its mandate disregarded, and
its judgement by its own sufferance
become a nullity. Should an attempt
however b^niade to carry this mat
ter further, w« feel nohesitenoy in
declaring our belief that the means
will not be afforded them to do so.
This is a constitutional matter, upon
which every man, particularly every
branch of the Government must ex
ercise, their own best judgement and
be governed by its deci ion. We do
not then consider ourselves as unduly
suit"iime tu the right of our cause,
when we express our belifef that the
opiniop of the court will Conflict with
that of the Legisthtive and Execu
tive branches of the Governm It
i* bur course however calmly to a-
w ait the process of (he matter. Time
will, demonstrate that Georgia will
never be made the victim of preju
dice and party spirit. Wo have no
tiling hut this to do.—No force is di-
ederacy, she did so as an entire! reeled against us. fVhcn it is (to
use Gov. Troup’s words to the Sec
retary of War) we have no fear hot
(hat with our limited means vve shall
e, and we httve never been ena-
t* find the grant conveying anv
tinn of Iwr territory, to the Uni-
Ites. When therefore the United he prepared to repel it.
tes by contract, gift, treaty, or in
[other wav, assumes the privilege Indian Jtffairs.—Mr. Jacob Gideon,
Iter and circumscribe the limits Jr. of Washington, has in the press, a
he State,; wdien she hinds herself j .volume compiled fiom the Library
ecognize and protect as an inde- j of the Department of Slate, which is
dent government, a people resid-, to comprise the Laws of (he Colonial
ivitlliu our constitutional hounda- j and State Governments, from 1633
, 110 wonder that Georgia should ! tor 1831, inclusive; relating to the In-
somewhat urgent to he informed j diaua and Indian Affairs; with an Ap-
the manner in which she has so ! pendix, containing the Proceedings of
djessly and unfortunately stirre*)-1 the Congress of the confederation,
cd the mopt essential characteris- j and the Laws of the United Statee
of her sovereignly .19 a Stale.— j from 1799 to 1831 inclusive, on the
it »S notour purpose to cuter at same subject, The first clause-of
the tint faw in the compilation (being}
an act of (he Geheiml Court of Mas-1
saclmsrlts, in 16T33) is so short we
quote it: |
“It is declared and ordered by this '
Court, an i authority thereof, That I
what lands any of the Indians in this:
jurisdiction Itave possessed^ind im-1
proved, by subduing the same, tlky!
power. A . treaty made by the '‘‘have just right unto, according to that
bed States, or Massachusetts, 01* j'in Gen. 1. 28. and (Hum 9. 1, and
mini I tout, conveying .that, author]- Psal. 115, 16.”—JV, Y. Adv.
]tb another, is,- so tar ns Georgia is .
[naerned, void, 'A nudum pactum, Cherokee Memorial—We under*
tlx; lawyers c a) i it, for want of in- stand that I his Memorial, with about
Supreme Court irtt'o eiechtion. What
tour#* GenA*al JacksOn will pursue is yet
to be seen. Will hti hsVe any regard for
the decision of this high tribunal, or Will
be, as he lias done,' **ih the plenitude
of his usurpation,’* in oth^r instances
almost of the like iiat'Ufc, pronounce Ibr
opinion of the Constitutional interpreters
of the laws, and expounders of the Consti
tution, ol no'fotce, «nd say that the arm of
the General Government cannot interpose?
If he does not carjy t|ie decision of the
Supreme Court into execution, the.
people ol the United States may at
once proclaim hint, their King or Empe
ror.
It is impossible, to conceive, how any
plan whoha.« not been led astray by pre
judice and sell-iutcrcsr, after reading the
I opimon of the Court, can, for a moment
doubt respecting the uuconstitutionality of
tlie laiv of Georgia, extending jurisdiction
oier a part of the Cherokee nation.—
There are men of high standing, and able
lawyers in Georgia, Who seem to think,
that the Supreme Court made the decision
in lavor of it;, own power; such is the doc
trine held out by Judge Daugherty;—but
what is the power which the Suprrufe
Comt has assumed m deciding on thig
question? what are the aiguments to sup
port the claims of Georgia to the jurisdic
tion Over this'territory? There are
(eachar fuf «he bud llio unlimited
control of hetr pupils without 4ny of
that complaining when a child lia»
been corrected, tvfiich lit‘‘so often
found in common shools id cur coun
ty* '
No pct'Sn 1, tvlio ha* ijot felt the
responsibilities! of liavliig the cart and
instruction of children, can properly
estimate parental autlipyitj’ and in
Huencein aiding in tie important
work. Wlmn worn with (he exhaust
ing labor of teaching and wlipii we see
our efforts for the morals of the schol
ars defeated or counteracted by J lie
example of nicked men around, how
cheering and sustaining parental au
thority and influence, when excited
on the sidw of morals a>nd religion, —
■Qo.the other hand when we have la
bored to/r—moral principle—taught
the childreu to think and act as the
Bible directs, how do.s tliq blasting
influence of parental example uithor
our hopes and labors, when this exam
ple is contrary to tlie bible. While
I feel and acknowledge my ewn de
fects in example I would invite the
attention of parents and ail who have
the care of children to ihis'sub
ject. From the Bible we may learn
what our example should he, but let
us not for a moment forget that our
inculcate upon the Officers, the ne-'
ceskity of picketvtog the Strictest
ofdet during their Mfcrch' through
Canada, to represent .Jo'them (he
Shame, Disgrace and Ruin to them*-
selves and Country if (hey should by
Jieii; Conduct turn the Hearts of our
Bfut. reii in Canada, against us; and on
the other Hand the HonOr and Re
wards which await there, if* by their
Put dune 0 *»>d good fit foribur ibiy
conciliate tip? Affections of if<t Crr-
.adiaus and Indians to the great filter-
ests of Ameiica, arid convert those lar-
ycurabie dispositir ns.I hey have shewn
into a lasting Union and Affection.
Thus wishing y«u mid all Officers
and Soidicts under Jour C< mniimd all
Honour, Safety end Success, I ie-
rnniti. Sir, jour most, Obedient,
Humble, Servant.
G r M’AsHiNtOKf,
Cambrcdg Head Quarters.
Sept cm br 14, 1785.
T , , ,1 T 1 • -,* c V.7 > i ,k ’ u l4 ! children, and that
I heard the Judge deliver hts opinion on j w hile they slow to lqflow the good
tins subject on laSl Monday at a Court held ; they are to perceive and practise the
at Harnager, In this nation, \fler opening j evil, for it is frno of children that
the Court, Jhdge Underwood, legal conn" } “They arc wise to do evil, but to do
scl for this nation, addressed the Court in good they have no knowledge.”
t;k upon a subject, which has been
tarty «» often and 10 thoroughly
s-issed. WV would but remark,
Id in doing so svC feel assured we
Vik the sentiment of our whole peu-
[,) that tlio Sovereignty ofGeor-
is still within her own keeping 1 ;
ll she has never yielded her rights
litirtodictioa within her limits tu J a
a speech of considerable length. He con
tended that the law of.Georgia, passed at
the .ate session of thy legislature, forming
a new county in the nation, called “Ckcro
kee,” was unconstitutional; he quoted
se<<*»al articles of the treaties between th 9
General Government and the Cherokee
nation, and also produced the acts of tlie
legislature to show, that that State had
always acknowledged tlie Clwrokees as
out of her jurisdiction up to, but a few
yea:s back—and finally spotc of the ro“
cent, decision of the. {ugliest Judiciary tri"
A TEACHER.
To the Cdilor of the .A. Y. American'.
As the deeds and sentiments ol our
immortal Washington are now advert*
ed to with so intense an inlrest, 1
trust you will willingly give the ne-
eompaign letttfr an insertion in yom
paper. I have accidently found l' t
preserved amongst my scraps; a^d as
it contains sentiments which htll (he
mind at once with admVraUon for the
and show ivtl^i
. and show with what just and
bunal of the United fflptes.—It was ana. holy feelings he Was actuated, I shall
ble spee h, bringing forth jdain and con- j be glad to it again brought* before
elusive arguments; and tyiey were unati j thu eyoB ofhis countrymen^ and the
swcrMc) as was proven, by the opin-' ’world. Yours, &e.
•osl io.the,-party conveying
Is ‘here ■mot sumVihiu; .extremely
»un) in .the idea ol two separate 6c
[slid govemmenis withiu the bounds
otto Stale? Oid ilovolutidiiary
'e'orgia governing one part,, and.the
iv Indian Gligiircliy tnc other. In
h»( waiHusc our boundaries were
'•d by the State is pot, (we con-
*vw.) «question for the Supreme
ourt. J’be question be:ore if is,
mt ivepo the acknowledged bouniia-
s«i Qedr^iif, when she entered
•onfederacy ? and did she by
w-aot surrender tli« disposition 01
at tnai’er to the United States.—
’•"J s ' ie did no sucli tiling; of the
wArs she did surrendered to the
"ion which .were deemed essential
tlm existence of a National Gov-
nmeirt, tve are vtry certain that of
''curnscribing her territorial juri's-
ction was not ot the ituniber.
Rut return *q the decision—VVhat
ill Georgia, jo . undertthe eifeuni-
artccB ig a question wh are in-
nned by bur Washington correspon
dents, now in every bodio’s mouth
^ tpiestion we think very'casily an-
‘«rcd—Slie will do as site has done
ore. Having taken her position,
9ihr| upon Her sovereign rights, she
dH calmly and traiquilly await the
fth’er action of (lie Federal Court,
plicitly relying upon those officers
to*.® tHat'action must be first exer
ted, to perforin . their duty os be-
otne those to whom she has entrttsi-
d her interests and her honor. In-
eniperate ekhrbitious of passion, up-
* a waiter so grave, is a* little to
e feared to Georgia, as i* is in our
pinion the effect of the decision il-
" The course of the Supreme
0, *'t to <0 send its judgement (0 the
uperior Court of Gwinnett , or der-
'S « rcvcMnt of the judgement by
duck (h, v \ftssioiia-ies wbfe senteu-
cd! totho Penitentiary. Here things
1 ur,, ^ information is given
lautbei# has been a refusal to obey
^’rdor. We know I he Gentle*
^ n, now presiding in the Western
Circuit, and toth<se of our citizens
It is now certain, that the President will
unacquainted with him, we would j h? called on to carry tht: decision of the
six thousand names appended, com
mencingwith these of Oliver Wolcott,
Col. Fish. Col. Trumbull, Rov. Dr.
Miiuor, the Bishop 0 ( ,| le Catholic
Church, Dr. Dnhots, and a number
of our most d:stinguished lawyers and
merchants, was transmitted by mail
*0 Washingtfifl yesterday, and is ex
pected to be prcs.uited in the House
of Representatives on Moa'daV next.
This memorial is very brief, and sim
ply asks that existing treaties in fa
vor of the Choroke-s, and the non-in-
tnreourse law of 1812, be enforced.
We understand that memorials, to the
same effect, will soon be forwarded
from Philadelphia, Boston, Hartford,
and New Haven. Let the friends of
justice and humanity in wfepyy part of
the country lie active on flirt subject,
and the errors of the Government will
soon (ind a corrective iu public oi>in-
ion.—»Aeio Y. Journal of Commerce.
ion on reply of Judge Daugherty,
commenced by saying tk»* hg was not
ulacci) or. that Judiei»h cnc h, to nullify
the laws of Geo- i|U4 | ie , vag not p re „ aro( j
"O to t ' t> -r-i»ai'l he ;did not come there to
Vnake laws, but to execute them. In speak
ing of the Supreme Qfiu t, hes*id, that he
entertained a high jrespe.ct for the niem-
3d mo. 2, 1732: A Subscriber.
[From the AT. Y. Daily Advertiser
COPV.
To Colonel Benedict Arnold, Com
mander ofihe Detachment ol the Con-
teneutal Army destined against
Quebec: ^
Sir —You arc intiustctl witka
hers of the Court, hut after proceeding a | Command of the utmost consequence
little'faither I thought he vjid r.ot'speak in j t^*the Interest and Liliortiei of A-
verr respectable teenrs-toivirdslho Court j nterioa: — Upon your conduct uud
said something of interference, the mem- ! courage and that of the Officers and
bersof the SupretheiCourt he seid, weie ; Soldiers detached, on this Expedition,
no more than men, fallib!e beings, posses-1 no1 01l 'y *‘ 10 Success of the present
sing ambition itod -love of power, or.e i Enterptiso and your own Honor, but
thirig, he said he knew, that the Supreme | ,l,e 8a, ‘**y and ' V «fffare of the. \vji<
Court had never decided against the Uni- Gontinenl may depend.^ I charge y
OHEROKBE PFKENIX.
NEW ECHOTA. MARCH 31.
It is understood that the Widow of the
late Charles W. Hicks was disposse»se i of
her plice on Thursday last by a Mr. Wa-
casey who it appears htd rented .tlie place
froni the Georgia Agent Gen. Coffee, the
place was emigrated by her son Edward
Hicks two years ago without the consent
of the widow and and other members of
the family. So much for the humane
policy of G eorgia. «
Judge Daugherty, Judge of the western
circuit of Georgia, to whom a mandate
from Jhe Supreme Court of the United
States was directed, has refused to reverse
the Judgment of the Superior Court of
Gwinnett County, seh’encinp Messrs.
Worcester and Butler to hard labor in the
Penitentiary for four years. The papers
of course have been returned to tlie Su
preme Court—the refusal to obey «he
mandate, on the part ofthe Georgia Judge >
brings the State directly into a conflict
with the Judiciary ofthe United States*—
against
(e(tSlates^ eor against its own power.—
He said, the State of Alabama bad. ex
tended her laws over the Cherokee and
Creek Indians, within her limits, but no
coinploint is made—no one interferes—but
assoou as Qeo>*3ia had undertaken to gov
ern over all her acknowledged bounds,
than the question is brought before the
Supreme Court-- anil they decide against
Georgia—itis gainst Georgia alone* all the
hostility is directed—in order to deprive
her of her just- and acknowledged rights.
The Gen.Government, he said,had violat
ed her coritract with the State of Georgia,*
instead of removing the Indians out ofthe
limits, as she was bound to do, she had, by
her policy, setted them more permanent
ly on the Georgia lailds.—Ed.Cher. Phot.
VICE PRS1DENCY.
It is ittipossibh* longer to conceal
from tht* public, the* people nl huge,-
the obvious fact; (hat the galnoof the
vteeprcsjdeiHj* which the Jackson
party are now playing, has within its
calculations tlie u inning ofthe presi
dency. We* will not toy i|n,t the
health of Gen. Jackson will ttnve him
10 ‘I’f Hetmilage within the next
picsidential term, if the voice of the
people should not previously inove
him thither; hut ii inay be said, that
all calcgidliens upon the sued ss cf
any vice president platted on hit tick j
et, include the prospects of a virtual'
relinquishment of 'he reins of govern,
in cut by the President. This is not
now a matt?i> of belief nloue, but ait
adirwte'j !«et. And what should H i*
!( 0.' e hence Infer? Cwlainiy, that
tne great prinpiph g 01 oUr ;Ovsintnfcut
1 are giving way (0 the corrupt ii flu.
cnees of party ambition—(hut w eah-
ness, admitted ineotapeteney, is not
to be considered as argument agnin*t
the deiigns of an individual upon the
presidency of the United States; in-
dee<l, that very iucohipcteimty is al
lowed to constitute the ground? 1nx.1t
which lus nomination is sustained, ai d
inquiry into his opinions upon t ux ct I
ai d important points of haliourC! pcl r ? ;
is noj deemed matter of any („< rj ;< n’t.
If liiis is allowed note, while w *ie
vet in the gre< nncss of our gi w • G
of the ftff gi of of age > p r ngdut u. oh
our sappling trunk* what will be d »
in its drvneSs, iu the seed and >, M U '
leaf? If intrigue is thus eu, oura
now, who shall say !iow soon it u ii
relieve the people from the dou s <.f
the ballot box with refeiet;c«j ! o
president, or wlmrt case e to tiv l
I hem to choose office'n of a Ii \.. ,
grade! Wp haye nothing nuto to sav
against any of the gentlemen one,-ii
for the vice presidency; there • --c
doubt hut they are nl* Eupcrxe
every qualification to bin u In
hole
„ „ ou
therefore and the Officers and 80I-
(liars under your Command, as you
j value your own Safety and Honor,
I and the Favor and Esteem of your
I Country tli.at.you consider yourselves
! a9 marching not through an Epmics’
j Country, but that of your Friends and
Brethren, for such the Inhabitants 0 f par}y) , ve would ask them .*,
Canada and the Indian Nations have is consistent with their u,- .
proved themselves m tins unhappy n ^ uru of our . g(m .,, lln ,,,
Contest between Great Britain and presidency should thu- b-
America; that you check by* every n a« g ht~lhat it shouid h- ■
Motive ol Duty, and punish- L, milin <)llly Md iu)t! wot
ment, every attempt to plunder or 0 desiirning man grow
‘"sultlny ofthe Inbah,iaots.pt Can- tire pf popularity, suffickn.
ada. Should any American Soldier the chair, and thus suffer tb.
be so base ami miamous as tip injure
abroad l;« alone rated the
hut wc would ask the rens,’
patriotic of the Jacks, n ■
we should certainly do in;
our fellings not to say ih *
addressed a large niajoiilv
to'
U
Mr. Eiutnr,
Permit me through your paper, to
express my gratitude to the parents,
for the prompt and constant attend
ance of their children the season past.
While | know tlijs has been for the
good of their own offspring, I have
the inexpressible gi'itisfaction of feel
ing at the close of j|io school that roy
laborshave not Ue^n fruitless. Had
the attendance of,;ho scholars been
irrcgularl could h^e have done them
little good, pftd should have boen
obliged to coiqaiupicate the painful
fact to my 1 patrons, /
I have know}n nndjseeii the difficul
ty of keeping small children in sclipol
where the ptoi-e of instruction is so
near their niotlforto fire-side; and have
seep, with gratftuj’e; tlie decision
and perseverance of the parents in
this respect. If th© scholars, have
not improvement the phst season the
defect has nrtt been found in-the if,
regularity of tho|.r attendance on a
want Of delegated ttulliOritjr ofthe
any Canadian or Indian in his person
or property, I do most earnestly en
join you to bring him to such severe
and exemplary punishment aa the
Enormity ofthe crime may require—-
Should it extend to Death -itself, it
will not be disproportionate to its
Guilt at such a Time and in such n
cause. But I hope nnd trust that
the brave men who have voluntarily
engaged in this Expedition will be
governed by different Views—that
Order, Discipline and 'Regularity of
Behaviour will bp as conspicuous as
their Courage and Valour. I also give
it in Charge to you to avoid all Dis
respect or Contempt of the Religion
of the Country and its Ceremonies—
Prudence; Policy and trne* vlhristian
Spirit will lead us to look with Com
passion upon their Errors without in
sulting tiiei*. While we ptb 'con
tending for out Liberty, iVc should he
veity cautious of violating the Rights
of Conscience in others; ever consid
ering that God,alone is thy* Judge of
the hearts of Men, and to Him only iir
tl^is case they ate anSwerabllV.
1 Upon the whole, Sir, I beg you to
cient incumbent to depart? W»
not hut think that a majority of oiu*
fellow citizens being to vi(w th-.* «.o: f
in its proper light, and that lliev .v. :!
shrink from a moral responsihili’y,
incurred in aiding to defeat the 1etuv
and spirit of (be coiiftitulion, by g,v-
ing the vice presidency to one who
seeks thereby the rule of the first
office; and sanctioning (he .doctrine,
shocking to a reptiblie, that its ohief
magistrate can do neither right nor
jvrong U. S. Gar. **——
Balloons—The first Balloon ws*
made iu Paris, on the 27th day Of Au
gust, 1783, under the direction of
Messrs. Charles nnd Blanchard. It
was composed of Taffeta plastered o-
vpr with an elastic gum, and was fill
ed with inflamablo air, obtained by
(lie filings af iron in vitriolic aCid.-«
It iveighod 40 lbs.. It roie. about
12,000 feet nnd fell in fhrtse quarters
cifan bout; ,
marribd
At Chtokattaqgg. oil,tw» lSthinst
hjr the Rev. John Thompson, Mj*.
Mfsik.nofr to Mih EtigAinnl
Patridok,