The constitutionalist. (Augusta, Ga.) 1823-1832, July 08, 1825, Image 2

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'*> ** I,**"*.**.**,**** JJ' j; L- 1 - UO.V6T It W T 1.0. VA UAT. PRINTED AND PUBLISHED UV WILLIAM J. BUNCK. Conditions, br., _ fj~*at i'ii" > ii > PA('Kll,t»*icn h »«nk, Ki»« Dollar* per p\pK»!"«' • «•». Th«. Dollar, per uonutu, in ndvanct. *J- V 0 paper diiOoßlinuedlill directions to that effect are given and *ll MT'-arAKas PAlD **r TERMS Five Dollars par annum payable in advance. An , i. uTI.SKMBNTi. Will bo inserted at the rale of and a half eentl. per square, lor Ibe first insertion •id r’.rlv Mirer, and tor ree„u. .or each conliouance r - CO HM - IMC VOO-VS by M ill, w»i«fi« Pott-paid. 1 •»<« «r«. •* Admimstrator., Kaocutor. (i ter.tin u d required, by law. to b-- held on Hie fir.l 1"e dav in Ibe ,n .i'll, between the hour, of lm in the hirennon an.) j ,t y ee n. tueaft.rnoon. at the . nun iln,-. of the .« which the pi nperiy i. situate.— tJoliee ol these Ir. must b,_ | Kil-en in « putilie gazette SIXTY do)» previous to the .lay ol tale. Notice nf the self of personal property must be given in like man J ner, I'OK TY days previou. to tiie Jay of sale. . I tic i lo the debtors and creditors of an estate mutt be published j or FOR.Tr days. ! TUB CiIKK.OK.BES. | Tiie last Milledgeville papers contain the correspondence ol' Governor I roup witi. the government of the United States, on the subject of the Cherokee Lands; by which it would appear that the same ddliculues;; which existed in relation to the Creek lands, ;i exist on this subject. The correspondence ' consists of a letter from Mr. Forsyth dated I the 9th of March last to the Secretary of' War, urging the extinguishment ol the In- j dian Title'to the Cherokee lands in this state ; 1 Mr. Barbour in reply, enclosing copies ol an application to John lloss, George Low-; rey, and Elijah Kicks, the Cherokee delega-; tion at Washington, through Thomas L.j M‘K.enny, dated 12th March, 182 j, to know whether they had authority to negociatel with the government lor a sale ol then - lands;” the answer of this delegation re-j ferring to a former communication ol Mr. Calhoun for answer ; aud a letter from the same to the President of the United States, dated I2ih March, congratulating him on his election and again referring to lormei declarations against disposing ol their lauds, ami expressing tlicir desire to remain wlieie they are, an I to lose the character of the abo riginal in a slate of civilization. We quote the lasi part of the letter; “ A removal o( the Cherokees can never be effected with their consent, consequently it removed at all, it must be by such means effected as would inevitably follow. The Cherokees and their dispersion and ultimate extinction would engender irreconcilable prejudices ; if permitted to remain peaceably and qui- i etly in the enjoyment of their rights, the < day would arrive when a distinction oetween i their race and the American family would j be imperceptible; of such a change the na tion can have no objection ; complexion is ; not worthy consideration in the effectuation N of this great object. For the sake ol civili- [ zation and preservation of existence, we , would willingly see the habits and customs ( of the aboriginal man extinguished. The $ sooner (his takes place, the great stumbling i block, prejudice, will be removed.” The [ last of these documents is the letter ol Go- ( veruor Troup, in which he advocates the; claims of Georgia. We subjoin the whole , of this letter. j. Executive Df.pvrtment, Gko. > i Milledgeville, Apr 1 6, 1825. £ I Sat —Your letter of the 241 h ult. covering I * correspondence between yourself and the 1 Secretary of SVar, and other papers comiec- ( ted with the fulfilment of the stipulations ol the articles of agreement and cession, was I received yesterday. Accept my thanks for j your unremilted attention to the interests of I the stale ; they are due from the people to you aud the rest of the delegation, for your i generous and patriotic devotion to their rights, and for the firmness and dignity with which, ou every occasion, you have sup ported them. On the opening of a new ad ministration of the General Government, soon after one important concession had been made to our just demands, it is scarce ly necessary t > inform you how eagerly 1 sought repose from the paintul altercation which it hut been my imperious duty to wage with the constituted authorities ot the Union, and with how much of hope and anxiety, t looked forward lo the future, trust ing that in hotter and improved relations, we would find a kindly and conciliatory spirit succeeded to troubled feelings—the sense of wrong on either side consigned to forgetfulness, and the claims of Georgia re cognized in all the extent which reason jus tice and good faith would warrant. I trust that for these more has not been asked— that less will not be received. It cannot be dissembled, however, that in the answer given by the Secretary of War to your communication ol tiie 9th ult. pie supposing the best disposition to do right, a course of policy is indicated which must infallibly terminate in wrong. It is of kin dred spirit with that which for a lime kept us in abeyance with the Creeks, and held the state suspended between the most fear ful alternatives. On the 12th of March, the Delegation of the Cherokees at Wash ington, laid before the President their cus tomary annual protest against a cession of land on any terms, now or herealier. On the same day they arc asked, by order ot the Secretary of War. if they will sell! lands. L'he answer no ; and this answer is! echoed by the Secretary of War to you,— ] hope it is not considered, as it purports to be, fund • Should the proposition be re-j uewed, another and vary different charac ter must be given to it. L'lie Cherokees! must be told in plain language, tnat the 1 lands they occupy belong to Georgia ; that loouer or later the Georgians must have ■ them; that every day, nay every hour c postponement of the rights of Georgia, make the more strongly for Georgia, and agains both the United Slates and the Cherokees Why conceal from this misguided race th destiny w hich is fixed and unchangable i Why conceal from them the fact, that ever advance in the improvement of the country is to enure to the benefit of Georgia ; tha every fixture will pass with the soil inti our bands sooner or or later, for which tin United States must pay an equivalent or no to the Indians, according to theirdiscretioni ■The United States are bound, in justice ti I themselves, instantly to arrest the progress of improvement in the Cherokee country lit is the reason constantly assigned by tin .Cherokees for their refusal lo abandon tin country, l'lie force ot the argument, there fore, if good now, increases with the pro gress of improvement; the progress of im provement will be accelerated by the irre jsistahle force of the argument. Thus by i double ratio of geometrical progression known only to the logicians of modern times iGeorgia will find herself in a predicamen in which, whatever may have been the ag gravation of her wrongs, she never befon stood—disseized of both the argument ant ( the lands. Why not, therefore, m cuinmoi honesty and plain dealing, say to the In dians, remove now, or stay the hand of im provement forever; now we will give yot the full value of improvement: hereafter w< will give nothing, because we cannot afftn I to pay for improvements from which no oene lit wilt result to us; which will belong tr the Georgians, aiul which you were lore warned in good time not to make. Let then Aay, uow ia the appointed time; we offer yot I acre for acre, aud we change your tenancy jat will into a fee simple wlucli will descent to your posterity forever; if you accept, wel ; and good ; if you refuse, we are not bound K , make you the same offer again—you wen once without a country—you sought refugi ■ among the Creeks—they received you will open arms, and gave you the lands you nov i occupy —Take care that you are not withou a country again—You may find no mon creeks, no mure lands. is it to be conceived that such an argu meat will be wasted on the Cuerokees ? What motive would be left them to continue in a state so precarious, when every incen live to human industry being elestroyed—tin barn, the dwelling, the out houses, the ien cing falling into decay and ruin, the wretch eel Indian scatters upon an impoverished auc exhausted soil, the seed from which it is e ven doubtful if he is permitted by the im patient whiteman to roam the scanty harvest Is it forbidden to speak the language ol truth and frankness? It may be that all will avail nothing. If all should, it will be because the Cherokees distrust the sincerity of the United Slates; that they have reason for distrust even in the conduct of the United Stales towards themselves, is undoubted.— When they were willing to cede lands, the United States would not take them. In (lie conduct of the United States t iward the Creeks, they think they see abundant proot of the lukewarmness and indifference of the general government in carrying into prac tical effect, so far as concerns Georgia, the plans which they devise for the removal o( the Indians. It is of no consequence that the Indians are deceived l»y appearances; the appearances would deocive any body I'hey see, the Agent fur the Creeks, well knowing the officially expressed will of his government, opposing himself to that will holding councils of the Indians for the ven purpose of anticipating and forestalling In Commissioners of the United Slates, by in considerate and violent resolves; the saint us those of the Cherokees themselves. Whet die Treaty is hidden at Broken Arrow, tin Cherokees are present by their emissaries under the eye of the Agent, busied to tlefea by the most wily machinations and cuntri vances the objects of the Treaty—They wit ness the failure of the Treaty, aud by tlies. means. Is such a case explicable before the Indi ans? The servant setting at nought the wil of the master, and the master countenancin' the servant in defying that will —The gov , eminent itself, when asked foi the resolutim of these mysterious things, resolves them in ■ to a misconception of duty. On tiie reuewa i of the Treaty at the Indian Springs, the lik • scenes are presented both to whites and In ■ dians. The Agent professedly aiding ;|u t Commissioners—secretly undermining then . —dismissing, in the dead of night, tin Chiefs who had agreed to sign die Treaty— i protesting the Treaty after having affixed hi own signature to it as a witness, on tin ground that these very same chiefs did no , subscribe it—announcing to his givernuien l dial the Treaty was in direct violation of it • ovn instructions—insinuating very strong!' : that improper means had bn;n adopted ii 1 procure it. and denouncing die hostility o the Indians in the event of its ratification. The poor Cherokees knew as well as tin uiost enlightened members of the Cabinet that if a foreign Minister of the first gra-h had dared the one half of this, he wouh have been dismissed with disgrace. Vet tin Agent opposing himself to his Govermnen jas it would seem, certain!v opposing himsel to the Commissioners appointed by that Go vernment —passing on to Washington for tin ' avowed purpose of preventing the ratifies tion of the treaty, meets a cordial greeting o ihis employers there, and when the preside;! ijdiscrediting every word of the Agent, Inn submitted the Treaty to the Senate. Whei ■ ithe Senate, in like manner, trusting nothin; : | to the Agent, and reposing confidence in th! of the Commissioners, had rati es tied it, he is permitted to depart for his st agency, if not wiih new demonstrations ol s. affection, without, so far as I know, the »e slightest reprehension or blame ; and what f is worse than all, after having placed him y self at the head of a party, adverse to that y which is now dominant, and which has re u cently ceded the country to us, he is ap ■o pointed the guardian of the whole, to con ie duct to their new and distant home this hap >t less race; to command their destinies thro’ ir untried and chequered scenes, and to make ■0 his distance from the controlling power, an is absolute security against all scrutiny ami ; responsibility.—The only apology attempted c by the Agent for any allegation of iniscou e duct or aberatiun from duty in these respects, '■ has been—’twas not 1, ’twas the Sub-Agent <- --'twas not I,’twas the Interpreter. The i- United States might possibly be the volun i- tary dupe of such shallow pretences —cer a tainly not the Cherokees or the Georgians, | >, Ask the Commissioners, if, but for tuein-| 9, tei lerence of the A;rent, there woubl have iljbeen serious difficulty at Broken Arrow.! 5 I Ask them if at the Indian Springs, an almost e unanimous concurrence of tire Chiefs might d not have been commanded, but for the rou.i --n terplots and underworkings of thu Agent.! i- 1 Ask any member of the Cabinet, untwth ) i [standing the farrago, of resolves and proies-j u tations to the contrary, if he may n t com e mand . Treaty on a given day, upon jnst and d reasonable terms for a cession of ail the lands claimed by the Cherokees. :o Be pleased to present a copy of this noiej s-jfo tire Secretary of War. Upm the gene-! n nil subject, every thing has been heretofore' u said which it was proper or becoming to ay, yjand 1 resolved not to resume it, unless invi : d.ted on the pari of the Federal Government,! 11 lor commanded by the Legislature of the in State. Fhe more recent events may nolj •e have been pourtrayed before the present! [ejCaninet, in the same light in which you and :h myself cannot fail to regard them. The w gentlemen who have recently come into it, at I knew personally, and will be very mucli | e t deceived if they are not deserving our high-j est confidence as intelligent upwright and! i- patriotic men. If they understand this ma - | ter correctly, they will see that it Is not a' ie question ah >ui some five or six millions of: i-.acres of land ; it is one of principle and ol ; ie character, connected wi U the moor of the! i-'government, and therefore above II piice. i j Tlie people of the United States, content d with their political institutions, ask no hing i- of their rulers but purity in tlie ad mi istra i-jtion of their affairs, disinterested*,i-ss, sin t. of purpose for the public weal, sin ,f cecity and plain dealing on the part of all; ll the functionaries from the highest to the j e lowest, fidelity to every trust and strict ac v countability in tlie fulfilment of ever- duty, i, to the exclusion of selfishness, intrigues, j tricks and devices of low cunning to granf t _ party passions and subserve soldo! interests, u hucksteiings and bartering*, and ail the rest e which they will cheerfully leave to the ( , mountebanks and jugglers to whom they ap »• propriately belong. b VV ith great consideration and respect, . r G. M. TROUP. e The Hon, John Forsyth ,f Washington City. •t MR. COBH'S TO »sr A 1 KIIKoNUICKsBURB. * This age (probably like all others that ’• j have preceded it) is remarkable for spe- , iculations of all kinds—moral, physical, , commercial, mercantile, &c. We , *i might cite many extra udinary instances of ( j the prevalence of his spirit if it were neces- , e isary to our purpose; but we shall refer to , '‘lbut one We have heard much, and we , e jhave read mucli about a toast given by Mr. ; “jC 'bb, one of oui Senators, at the dinner j ,e ; given by the citizens of Fredericksburg, ( s > (Va.) to Mr, Crawford last spring. Some . of the. editorial advocates, of the new ad- | *’ ministration have seized upon it, and used ( •" it as furnishing evidence of the union of ' l! the friends of Mr, Crawford and Gen. Jack- | sun in opposition to that administration. , l " .Now we happen to know something ab mt this matter, and ire are perfectly satisfied 'S that no such union has been formed. To '■(remove all suspicion of the existence of 1,1 1 such a conbination, so far as it can be deri- Hved from that toast, we will detail what, ll * from good authority, we understand to be ‘ e the circumstances under which it was *' given. Ie We know of no good reason why Mr. 1,1 , Cobb should not toast Gen. Jackson, even 1 ie although he might not believe him to be thei individual, of all others in this nation, the! Iv hest, qualified for the presidential office.!. IL ‘; It is very certain that Mr. Cobb has thought, Jt tnd does yet think that certain acts of Gen. \ 11 J. during the Seminole war were highly ob- ; jectionable, and even unconstitutional; and h i' upon these acts lie has fully expressed his!, opinions on the flour of Congress. But that IJ these acts should constitutue a sufficient | reason for denying to him great praise for!] ie Ids military services during the late war L t, with Great-Britain, we are persuaded never j Ie entered Mr. Cobb’s imagination. Indeed , ■di.Mr. C. would be unworthy of tlie conli- ! ie ilence of his fellow-citizens, if no account it| ol his preference of another individual for If j the presidency, he should deny to Gen. J. 1 >- Ids right to the laurels which Ids military! ie skill and prowess have won. i-' We have before us the toast as it was pub-i of lulled, and we are assured it was not pub- 1 it dished in the same shape in which it was id delivered. Fids is no very strange circum-j ■n stance, when it is recollected that no toast: tg|given at that dinner was written by the ie person who give it They were published, as we are informed, from the. memory of , those who furnished an account of tlie pro ceedings at the dinner. The toast as pub lished is as follows. “ Gen. Jackson—his glory will perish on ly with his country.” The toast as delivered we are assured from tlie best authority was “Gen, Andrew Jackson—his name will be as imperishable as tlie history of lus country.” Now in this sentiment, divested of any connexion with the political incidents of the day, we see nothing exceptionable. It expresses nothing more than a fact which even the haters of Gen. Jackson will admit to be true, tho’ in a sense a little different from that in which it would be understood by his admirers. Take it even in connec tion with the fact that Mr. Cobb had warm ly supported tlie election of Mr. Crawford, who like Gen J. had been disappointed in ;his expectations (by what means we will (not insinuate) and we see in it nothing ob jectionable. Mr. C. being the private and political friend of Mr. Crawford should not, and we are persuaded did not induce him to hate Gen. J. so fervently as to withhold any reasonable praise and gratitude for the battles he had won. | Tlie circu ustaoces under which this itoast was given were, these. The dinner iwas not got up by Mr. Ctawford’s particu lar supporters, to the exclusion of others (were of different sentiments. So far from ( this being the case, the gentleman who pre sided on th • occasion (Mr. B. Willis) was an open advocate of Gen. Jackson’s preten sions in preference to Mr. Crawford’s. But his preference, decisive as it was, did not lead him to despise Mr. Crawford, or 'excite a wish to withhold from him an ex pression of confidence in ids talents and in tegrity, while lie was a public servant, Mr. |Cobb sat by Mr. Willis at tlie table. As miv be easily conceived, on such an occa ;-ion and at that particular time, the quali fications of the candidates for the presiden cy became a sutije.f of discussion between them. Each freely, but decorously express led Ids preference and the reasons for bis reference. That they differed widely in opi don no one needs to be told. At the idose of the discussion Mr. Cobb jocously j remarked, that to convince Mr. Willis that Iliis opposition to Gen. Jackson {or that of fice did not proceed from personal hostility, ii he would fill his glass, he would give him a toast.—The glasses were filled, and the toast. as we have given it, was delivered. Such is the History of this HttU matter which has attracted the notice of so many 'political wise acres At a dinner attended as tliat wis, by the friends of Gen. Jack ison, who were willing to express their fa vorable opinion of Mr. Crawford’s private and political worth, that the friends of this gentleman, who had no personal hostility to Gen. J, should have sullenly refused to ac knowledge his merit and his services at the head of our army, which, under his com mand, had reaped such a harvest of glory, would have been more than unkind—it would have been ungentlemanly. From the Buffalo Emporium, June 18. THE EXECUTION. The three Thayers who murdered John Love, are now no more ; having been exe cuted yesterday, agreeably to the sentence of (he court about three quarters past one o’clock, I*. M. It was nearly twelve when the prisoners left the jail.—They were dressed in the usual manner of the malefac tors, with white shrouds and caps. They were escorted to the gallows, erected at the west part of the village, near the Black Rock road, by the rifle company : the mus ic plaving a death march. We noticed that the prisoners kept time, and advanced with a firm step. After taking their seats on the platform. Rev. Mr. Fillimore made a [short address, calling the attention of the multitude to the unprecedented spectacle before them, and soliciting the united pray er of every Christian present for the unhap py men, who were in a few minutes to close their eyes on all earthly things. He then addressed the Throne of Grace—the pris oners kneeling and joining in the devotions. The prayer being finished he addressed the people from Ist Corinthians, x. chap, and part of the 11th verse—in which he intro duced the confession of the prisoners—the substance of which is now before the public. Mr. Fillimore having concluded—he was :followed in prayer by the Rev. Mr. Story. (Then came the parting scene. None that [witnessed it will ever forget it.—The pris oners rose; the ropes were adjusted ; their arms were pinioned; their friends, consist ing of clergymen and others, came to them, and gave the parting hand ; among them we [noticed the Sheriff, Mr. Littlefield,-who ap peared to be solemnly and tenderly affect ed by the interesting and important part he held in tlie proceedings of the day; although he was the minister of justice, the feelings [of the man were conspicuous. After part ing with their friends, they took leave of each other, by shaking hands. It was a j sight that touched every heart.—The last 1 I they uttered were ejaculatory prayers:— I may they have reached heaven ! In an in stant, the drop tell, and they were launch led into eternity !—Nelson and Isaac died ! without struggle—and but little was appa j rent in the case of Israel—momentary shriek followed among the people and all [was still. The bodies hung about half an : hour, and then were delivered to their triends ; and we understood were carried to Boston tor interment. The prisoners con ducted with the utmost propriety. f It would be easy to swell this notice, by - the suggestions presented to the mind in the - awful spectacle which appeared before us ; but we have no heart to do it; it must and - will speak for itself. Suffice it to say, that the causes which brought these young men I to the gallows, may be attributed to the want of parental religious instruction and I their neglect of education. How must these s facts effect the hearts of parents ! Had these youths been brought up “in the way they j should go,” we have no reason to believe f they would have come to an ignominious end. t Nelson was 25 years old, Israel, jr. 23, i and Isaac 21. The two eldest have left t wives and children, that well demand our t sympathies. Their anguish is extreme.— 1 They have a sister, who on her la-d visit to - them, was so much overcome, that she utter - ed shrieks which reached every cell in the , prison, and drew tears even in the hardy i felon’s eyes. Their mother, on the same I occasion, left them in indescribable agony. The military who were called out, were 1 Capts. Matthews’ and Vosburgh’s troops of , horse, Capt. Crary’s company of artillery, » Capt. Rathbon’s rifle company ; and Col. I 11. B. Potter’s regiment of militia—among ; which we noticed Capts. Wilgus ? and Pal mer’s companies. The conduct of the offi s cers and soldiers is spoken of in high terms. •■The Buffalo Band added much to the so lemnity of the occasion, i! There are various calculations of the i!number of people who were present—being • differently estimated, from 20 to 30,000. > Although the multitude was so great, we ■ have heawl of no accidents. Extract from the Journal of a gentleman who sailed about the of Jane from Georgetown, S. C. for New- York, in the schr. — Arkensaw. i “ A great gap occurs in my journal, and -an awful gap has it been to us. It was our - misfortune to encounter a gale, the memory -of which can never be erased from our minds i —a gale more violent than any ever ex - perienced by our captain or his crew—a s gale in which we all had nearly perished. 1 “I would not spend another such a night, £ Tho* ’twere to buy a world of days ; . So full of dismal terror was the time.’* f t In the evening of Friday, 3d, in lat. 36, 34, and long. 75, 23, the wind ahead at N. E. ami blew violently. The storm grew 1 high, and the passengers were driven to 3 their melancholy cabin. Amid the howl ing of the tempest, and the roaring of the r si*as, sounds occasionally reached us, more loud, more horrid than the thunders of the I elements. “ Foretopsail gone —gib all shiv . ered—foresail gone—boat gone—stand by . with the axe—off with deck load.” Such a and others were the saddening communica s tions from above. All night we tossed, now , riding on the mountain, now- sunk into the : gu lph. t . Nor was this all—The morning dawned . and where were we? Off’ Cape Henry ; ■ driving rapidly towards the land ; no arm t to save, no hope to comfort us, It was the general conclusion that midday would find the vessel stranded, ami (he people drown ed. Oh ! how awful a thing it is to think that “at such an hour thou shall surely die.” Our pocket books were all secured to our persons, to buy perhaps from some ' wanderer upon the beach, the rights of sc pultuie. Closely crowded, wc sat togelhci ( looking in the face of death, without a hope ,of escaping his embrace. But God decreed “it otherwise; the wind veered from the , shore, and thanks to his mercy, we were [ hurled again to sea. That tempest has . passed away, and Heaven once again is ’ smiling op s. j Time will move on ■, our heads may whit ( en with the frost of years and our bodies ( wither up with age, and our minds them* selves grow weak with warning; so may f , the memory of that awful night fade in the ' distance, but it shall never perish. ' A propiteous breze now breaths upon our shivered sails, ami seems to coax us to our , desired haven. There shall we all give | thanks to Him whose strong arm bore us through the peril, and saved us fiom the bo som of the deep. | I cannot conclude this part of my journal [ without noticing the intrepid, cool &, manly conduct of the captain and his crew. Though convinced of nur forlorn condition, their la bors were not impeded. Every thing was j done by them that men could effect; every thing was suffered that men can endure. We ‘shall not fail, on our arrival, to give pub lie and honorable notice of Captain Wood’s , behavior.” - FROM AFRICA. | By the steam-boat Fulton, capt. Bunker arrived yesterday afternoon via Newport* ' we received a slip from the office of the ' Newport Mercury. The brig Argus, capt , Howland, arrived there in 76 days from ' Cape Coast, saw on the coast in February C last, the brig Pedlar, capt. Duvens, of Bos t ton ; heard from her that capt. Pitts, of ‘ the schr. Speedwell, and most of his crew .(had died at Bollam, and that the schooner . and her cargo had been seized by the black king ; this information was obtained 1 from one of the crew, who had taken passage . in a French vessel. Several transports with , troops and provisions had arrived at Cape 1 Coast from England : the Ashantees had i not been seen since their last defeat by the ‘ British, and the nations between them and , the sea coast had revolted, and joined tlie British, to keep them back. [W. V , Gazette, June 25.