Newspaper Page Text
IncmtAittt]} VubUcatuma,
It u with feelings of unqualified satisfac
tion we perceive that our fell"w country*
men of Boston have taken tf.p the subject
of incendiary pamphleteering. Judge
Thatcher of the Municipal Court of
that city, in hiv chutge to 'he Grand Ju
ly, dwell with a proper emphasis ujion
the pcrniciuu* and abominable practice,
fii common among a ccr'ain class, of in
undating oursnuthern country with Tracts
and Papers calculated to disserrtina'e se
dition and disaffection among our colour
ed population. From this charge, replete
at it is with good sense, and a pbilanthro
phy founded on right reason, we make
the following extracts .
•• Now (ientlemen, it is undoubtedly a
misdemeanor, and indictable a a such at
common law, for on to attempt to persuade
another to commit mu.der, robbery, or any
other crime, whether such persuasion b>
verbal or written f and whether the of
fence be perpetrated in consequence of such
peru&sion or not. So it is a misdemeanor
to attempt to commit any crime where iht
unlawful intent is manifested by an over
act, which indicates such intent. It is noi
malarial whether the crime is tobe perpetrat
ed here, or in some o'her place. It is suf
ficient, if it be shown (hit the unlawful in
tent existed here, and hit the deed whief
manifested that intent war done in this
country. To publish a paper here, wits
the intent to send it to another State to per
suade one or mure persons to commit mur
der, or 'reason, the law regards as a lihel
of peculiar atrocity, and our supposed free
dom of the press will screen the author or
pub'isher from the penal cunaequences of
the deed.
In that country from which we drew our
principles of jurisprudence, it is laid down
by the highest judicial authority, that every
publication which has a tendency to p o
rame public mischief, whether by causing
irritation in the minds of the pp- pie, that
in ,y in iuce hem to c*mm,t a breach of ihe
p. !*lic pr ice, or whe her it be more pub'ic
and specific, -*xtpn<Jnig to the morals, the
religion, rin gistracy of 'he enmity —is it
libel A V pubtica'i >n wbich tends to de
grade revile and defame persons in consi
ders.! e sit iatr ns 1 power and digui y in
foreign countries, is taken te be and treated
ss a iihel, and particularly where it has a
tendeni yto ii.t-e, upt the pacific relations
between the two c mollies. If the publica
tion contains a pi in ami manifest inCitu
mcot ami p, rsuasnm addiessed to others,
to assassinate and destroy ihe person* of
such magistrates us the lemlency is to in
terrupt the hanm ny of the two c entries,
the libel assumes a still mare criminal in
tention. .
Every good citizen must, 1 think, wish
♦ hat harmony may subsist, between us and
die citizens of all the other Slates. Hut
huw is this Union long to be preserved - , if
those who enjoy its benefits, cherish towards
esch other mutual hatred f II publication*
which have a direct tendency to excite the
Slave population of other States, to rise up
on their masters, and to involve their fami
lies upd property, in a common destruction,
are h'Te published and circulated freely,
may not the ci'izens of those States well
im igre, hat such publications were justi
fied ~„d encouraged here, ii would lend to
alienate from each other the minds of those,
whose beai political h ppiness and safety
c ,si« in pr -serving in its lull strength* the
bond of Union.
Believing that he laws of this Common
weaft.h a cnot liable to this reproach, I deem
it i«i be mi du y to express to you. rd this
time, my opinio'i, that to publish books,
paiiiphlels or newspapers, designed to be
circulated here and in other Utatesof the
Union, and having adiiect and necessary
tendency to excite in the minds of our own
ci z iis deadly hatred end hostility against
their brethren of otoer States, and lo slim
ulafe the slave population there to rise a
gainst their mas'ers, and to effect by fire
and sword (heir emancipation, is an off net
against ihe peace of this Common wealth,
and ih.U it may be prosecuted ns a nfisde
m-anor a common law. It is said, that
pamphlets and papers of such chnractei
have been published iu this coy, and seni
into the Southern Slates, A that they, havi
caused great alarm and complaint there
It cannot be denied that it is just cause
both of alarm and complaint. Somelimt
since, a pamphlet was put into my hand*
the author if which, I am informed, hat
since deceased, which contained, as I tho’t
enough inflammable matter on this subject
to set ail die States south of the Poloin.ii
into a blaze. However unwise and unjus
may be the system of domestic serviude
it is not for us to put into the bands of th
slave the sword and the brand. Nor cm
any civil or servile war rage in any otht
Slate of this Union, without affecting, ii
some degree, our own peace—since we mu
bo compelled, by our political relation, t
bear a part in the conflict. I cannot bu
hope, therefore, that our citizens, if any o
them are so inclined, will retrain, in future
from such dangerous publications—that the
will leave to those, who tcel and softer froii
the calamity, to find a remedy and redres
for the wrongs of slavery—to time, whicl
meliorates every thing—to the enlighleuei
and humane spirit of our age—and to th
benign influences of Christianity.”
Ha-denins; the Constit ition.
T i vis ole off cts of col l are s>-di.m in
auntansous. It produces its morbid chan
‘ ges on the constitution insidiously Sc slow
ly, and when for the first time they become
apparent they are often beyond the reach
of any remedy. And the only (rue reme
(idy is precaution ; that is always safe and
* might always be certain. Warm clothing
, ami moderately warm apparel, comprehend
[the two points which it is e«»**n'i»l to ub
( serve. On the change of season —aa soon
m autumn approaches, before winter comes,
’ .every one should adopt a clothing waim in
* proportion to the cold that may sei in
The common practice of postponing this
change, with a view of hardening the co i
p solution, 'S highly dangerous. Many a
youth has never lived to see manhood ; be
e cause he would reserve waim clothing for
his old age. It seems to have been a fancy
prevalent among young people, that it does
a not become them to wear warm clothing in
* warm weather. Various diseases tha' cu<
B life short are the constant fruits of their
y fdly. And in the female especially in
!'■ whom the skin is so much ihuife vascular,
delicate and sensitive ; whose circulation
" I partakes so much more of the external
Ccharacier; who is therefore, so much more
L ‘ sensible to cold ; and so much less cm>»hl<’
1 of resisting it all these precautions ate nu
ctssary in a tenfold degree. Yet is the
custom among women to clothe themselves
warmly during the morni g and the day,
and a. night to pu' on a dress thinner ai d
" lighter, to expose ihe neck, ihe bosom and
s ihe arms, and then we wonder that they
ere feeble and delicate—that is, diseased ;
and that the beau iful especially, in whom
' the skin is always exquisitely vascular, so
1 often become the prey of consump'iciu.
Clothing is peifect in the degree in which
r it is warm and sigh . Cumbrous apparef
produces fatigue and exci'es perspiration
(wo things which g>v ■ to cold a dangerous
r power over the co. solution. Os all sub
-1 stances yet invented, fleecy (misery appears
1 to combine the qualities of warmth and
lightness in the in ist perfect degree and
5 therefore, upon the whole, to form 'he best
1 winter clothing. In order to Invigorate the
com itutiou, and enable it t > resist the old
of winter several expedients may be adopt- 1
ed. Ii these the most effi ient is friction
1 w ith 'he flesh brush, which should be much
harder than those in common use, and lha
' friction should be applied over the whole
' surface, rs the body for at least a quarter of
*an hour, nigni .off morning. The experi
‘ nents of Dr. E l wards show the injurious
* effect «l continued exposure to cold, bu
‘ (here are cases in winch cold for a short
time ac'a as a stimulant, and as such is np
> plied highly beneficially to the heat h. Cold
‘ sponging, p cviously to the friction, ei her
wi'li cold water or with equal parts of vva
* ter end of pyrolignious acid, gives to the
‘ skin a vigor and a power of resistance
which could scarcely have be,en aniibipa'.cd’.
I L ,)r Suuthwood Smith sta es, that he has
' induced several persons who were rematka
bly susceptible of cold, and some of whom
' seemed likely to fall into consumption, to
* adopt this p'a ii, from which a degree of
benefit resulted grea'er than could be cre-i
* di ed by those who imagine that no good isj
‘to be accou p'ished by simple means, i
[Westminster Review — Article on Ani j
* mat r/iysioloyy.
- SEVEN DAYS LATER FROM EUROPE.
}
i New York, April 23,
[ By the packet shio il.hernia, Capt. Allen,
L ‘ we have received London papers to the 27th
March, and Liverpool to the 28th, both in
‘ elusive.
‘ The Reform Bill has passed the House of
‘'jCominuos by a majority of 116.
Ihe Cholera is extending in London. It
c |has also ma le its appearance in Belfast and
e Dublin. New cases in London on he iSTh,
y deaths 45; 19 h, new cases 86, de*Ui*
n 38; 20 h and 21st, ii< vj cases 120, deaths
73; 22 I new e .ses 65, d -a'lis 56; 23d, new
'jcases 47 deaths 33; 24'.h and 25ih, new
c-ises luy deaths (ii. The date ot the re
-0 ports is one day in advance of the date of
e i the* cases.
'• j Total cases in London from the com
mencement of the disease 1 365. deaths
lt 742; or more than half. In oilier parts ot
r the kingdom where ihe disease still ex sts,
I I jt*»*al cases 1303; deaths 6'Jti, Where the
has ceased, tothl cases 5 088, doaths
1,517. Grand total cases 6,691; deaths,
e 2213.
e A Berlin paper states that our fellow-citi
"> zeo Doctor Howe, when arrested in th*'
*jcapital, had a letter of credit for 100,OOC
l 'jtrancs, upon D tzic and E nr.g, tor .he
benefit of the Puitsb fug’uives iu that neigh
lCibiirhood.
**j Mr. Vin Buren had audience of lea"e ol
e *ihi* M jis’y, on the 225 On the 24 Uht
12 arrived ai \V mds >r, and, in company with
10 ;some otbiT persunugis, was to dine w,,u uu
br E-ing.
In Five persons lost their lives a’ M nch’s
ter on the fc2l, oy 'he cxplonon of « steam
boiler, at the “exmis've ca'end r house” o
J ' Messrs. Go..flier & Co. Several o.hc'S w.ri
badly scalded.
B » A Liverptol paper says. “Lord Cochrane
■y will be immediately res »r<.d lo ais rank .r
m the Navy,”
i!i London, Money Market. March 26 —Tin
ballot for the eleclio-i of a. committee o
‘‘[Stock Exchange cuinur-nc d irtis mo ring
“ and occupied the chief atie i n u ai uk
'members during the greater par ol ihe «iav,
The scrutiny was not over at the termnu
lion ot business. It is generally supu-'sed
t that a considerable number of the old mem
a- hers wd! not be re elected.
A declaration it in the coarse of circula
; tion tor signatures, on the part ot the most
i respectable brokers, disavowing the uruc
■ tice ot taking double cotAntissiun. _ 1
[ No variation of the least importance in,
; the price of funds has occurred to-day.|
1 jConsuls for the account Idt oft at to
58; and Exchequer bit 1 * at 9*. <o XO*. pre
i miuin.
■ PASSAGE OF THE REFORM BILL.
' Liverpool, March 24.
We have at long h the satisfaction of con-.
! graiulating < tie country on the pas dng of the :
reform bill once more iliroogh the House of
‘ Commons. Toe majority on the 'bird read
jing was 116, there being 335 for, and 239
1 ;sg dost the third reading. This event took
I place on Thursday evening, March 22d.
*j In the Lord®, Ministers had aiso aui
humph. (Jo a divUi non the motion ot Lord,
1 Wicklow, condtinaaiory of the plan of
r education fur Ireland, the numbers were—i
1 !N m-contenis, pre-ent 59, prcxies 66 —125:
* Contents, present 6(J, present 60, proxies
I 27 —Majority for the Ministers, 38.
II London, March 27. i
e i The recaption of .he Reform Bill by the'
P 'Ci s, last night, was not very different
from what many people hnd expected. A
c declaration was made by Lord Harrowby,
' that there were new provisions in the pre- j
J sent bill, whioi he considered improve-!
J ments upon the last; that, however much of
it was nf such "a democratical tendency;”
I and, if e’luc’ed into a law, would prove, in l
’ his opinion, so dangerous to our institutions,
II that he did not conceive the possibility of his i
1 ever being able to support it. Lord Har
’ rowby added. v;hat must have cost bun a>
J painful s'ruggle, and 'he confession is therc-j
fore honorable to hi* lordship’s candor, viZ. 1
iha' af'er all the jme allowed to the people
1 j of the United Kingdom for a sober conside
ration of the sii jec;, owing io the rejection
*I of ihe f rmer Bill, he, Lord Harrowby, felt
him«elf bound to acknowledge 'll it the pub
lic eagerness to see the principles of the j
1 measure b ought into ac'ive operation, had
! in r.o degree suosided, and 'ha' a material
change in irr representa ive system was al
together uiiuvoidable. His Loruship an
-1 nouoced his full intention to vnle for a sec
ond reading. Lord Wherncliffu spoke p<e ! -!
1 tyinuch in the Same sense. He admitted,
* lha in 'heir r jectiun n) the form *r Hill on
the second read), g, :he House i f Lords had
no* been supported by any part) * n
1 country —that he therefore would nst at-:
tempt to iepeat the same experiment, but|
1 : would vote for the Bill going into commit
i tee. It ws, however, sufficiently obvious,
' f rom the tone of both these m ble lords, that'
the tnos regolu e and uncompromising re-,
tis'tnoe will be made by them to ihose pro-,
* vts.o.i ’of he Bill to which the country
' gene: ally iia. tuch ‘ th? highes, value j
jand importance; and tnai, if, in any minis
-1 ‘dial quarter, a credulous hope of a majori-j
' ty for Reform in the Lord’s Committee ,
should be founded on what tell from either!
Ijof the above noblemen, respecting 'heir de• |
;sire to mollify the national irritation upon;
!the second reading, such a delusion can lead
Ito no other than the must disastrous conse
'quences.
j Emigration. —Thursday afternoon, forty
three individuals, men, women, & children,
{natives of this town and neighborhood, em
barked on board a barge at Caversham
bridge for Liverpool, to take their passage
for New-Y'uk.
Mr. M.mford No>t informs us that such
’ numbers are Hocking to Liverpool to ernbai k
1 for America, (hat the ships are all full for'
the next voyage.
London. March 24.—We feel the sincer
est pleasure in sta mg lha. yesterday (ap
pointed by the Government to be held as a
| day of humiliation ai.d prayer ) was observ
ed with the greatest solemnity throughout'
* the whole of the metropolis, except by a few
1 ultras of all classes. Almost every shop
4 was closed , the churches and chapels, so
far as w>. have heard, were not only re
“ spectfully attended, but, in many instances,
'crowded; the services of the day were
1 solemn and impressive, and ihe collections
lor th • poor bfh g - ieral and l.beral; and
we cannot but hope that the threatened judg
-4 ment of the God of Nations will be averted,
*|aa he has promised th -y shall be, when the
Mguiltv People bow before his'fbotutnol, ac
knowledging thoirsins and deprecating liis
s wrath.
l| London, March 27 —We have received
Hutch papers to the 24 h inst. but find in
•hem no news of interest. Nothing is said of
f Count Orloff, or the mtetion of the King to
u sig 1 die trea'y o( separation.
e | Be .lin. March 14—We hear that a de
finite declaration ha* been received from
f { the Russian Court respecting the new or
’ gaitizalioa to be given to the kingdom of Po
* land. The c.iuntrv, as has already been
1 stited, will be divided into three provinces,
l 'ieach will be represented hy separate States.
| The administration will be divided info three
nilnisterial departments, of which only that
‘j. ot Jus.ice wifi be filled by a Pole. The
) p uj-cf tor the new law on the press to b
passed by the Diet of the Confederation has
| been drawn up here. It fills 20 sheets in
e {manuscript, but the contents have not tran
n spired.
Fronc th© Q,uotidienn«.
e j 7b his Excellency the French Anbcmador at Rome,
d " E.usii repuns from trie delegates at
\ | Ancona lay the undersigned Cardinal Se
e cretaiy of S'a'.e under the disagreeable ne
i. cessi’y of addressing fresh complaints to
i your Excellency. In spite of the proclama
d lionet Gen Corbiores, and his assurance
i- that lie does not intend to meddle with the
pontifical Government, taut, on the contrary,
wishes to protect the authorities, respect
the laws, and repress the factions, his Ad
jutant Major, Ste. Pales, has ordered that
two persnas confined for polldeal crimes,
s; uu:d be provisionally liberated,
i “A' (he instance of French officers, an
air all rg••r i c a 11 yr alluding to liberty was in
(reduced in an opera, which produced (In
must i'»ely enthusiasm among 'he lac lout,
andeX'i ed seditious cries again*t he G v
jerument cl his Holiness, cries which wi re
heard wih impunity in the streets. Print
; ed and written placards, exciting the people
■ ro revolt, are publicly posted or: the walls.
Persona banished by the Pontifical Govern
ment, & excluded from last year’s amnes’y,
are tree y admitted mio ihe society of those
very officers who are said to be sent tor the
purpose of maintaining the pontifical au
thority.
{! •• Comparing the«e facts with the assur
ances given by your Excellency in your
, note of the 28th of February, #hich pro
{ noised that General Corbieres, possessed of
‘| trie views of the French Government, was
bringing a fresh support to the temporal au
thority of the Holy Father, and to the inde
; pendence and integrity of his States, it on
; ly rethaina with the uodersiigned to request
your Excellency to figure to yoursolf the sad
1 impressions which the recent report from
I the delegate es Ancona have produced in
jthe mind of the Holy Father ; and We re
; quests you at the same time to eonsider
how just and positive were the reasonings
which the undersigned adduced in his for
’ mer notes, viz. that the occupation of An
|!cona by the French troops, far from contri
buting to the re-establishment of tranquillity,
had given occasion to the renewal of past
{disorders, in apite of all the declarations
made against the assertion.
1 “ The undersigned omits observing upon
other facts, which, being directly contrary
to the honor of the French troops, he doubts
not will be repaired at once. Among others,
permission was not given to the pontifical
! troops, who retired from Autona by their
| Sovereign’s order, to carry off their own
effects which they had in th* barracks.
Tfi»y were not allowed to take their car
touches, nor to have them Kent to the aux
iliary troops, nor wera they permitted to
{tnke the dragoon horses. We must there
fore protest, in lha name of the Holy Fa
ther, against all these acts, derogatory to
the pontifical sovereignty, in order that the
righ's of his Holiness may be guaranteed as-
Itually and for the future.
“ Cardinal BERNETTI.”
[As the affair between Gov. Houston and
Mr. Stanbery has excited much inferes*,
‘ we copy an account of the matter given be
fore the House by an eye-witness s—J
| Alexander Buckner, a Senator of the
United Siates from the State of Missouri.
; was then sworn in behalf of the accused, and
i testified as follows s viz. . <
j Question by the accused, Wers you in
'company with the accused previous to, and
at ’he lime of, meeting with Mr. Stanbery f
It yea, state 'he circumstances that pre
ceded and occurred at ,h$ meeting.
Answer. —On the evening of the JSth.l
think after tea was over, at my boarding
house, 1 stepped into the room of Mr.
Grundy ; we sat there converging for a few
moments. Governor H. entered the out
i ward door, and passed dov?n the passage,
intending, as 1 thought, to pass the door of
i Mr, Grundy, which was partly open at that
nine Ashe came opposite the deor he
■ halted and looked in. I spoke to him, and
tasked him into the room ; we indulged a
• 'while in idle playful conversation, Mr.
- Blair, who was in the adjoining room, in a
i few minutes stepped in alao. Gov. Hous
■ lum w s relating some anecdotes, which
('occupied our attention some fifteen op twen
ty minutes, when Mr. Blair and myself
)'rose to retire. We walked out of the room,
»!it being a very fine evening, and turned
-'carelessly toward# the outward door, not'
, .having any particular object in view. Go-|
: vernor Houston came after us, and as he
i stepped out of the door, took c&ch of us
by the arm, one on each side of him, and
- bore us up the Avenue. We continued in
, light conversation, wa'king slowly, till we
; come to 'he cross street which runs up to the
- city hall, across the avenue at the end of the
5 brick pavement ; when we got to that place,
I Mr. Blair observed that we had gone far
1 enough ; we had gone half way with Hous
31ton. and that to be polite he ought to go
f back with us. Houston answered nc ;say
o ing, I think, that he had company, and
) must go back. At that time we all faced
-about, Houston was rather in the rear, Mr,
3 Blair a little in the advance on the right.
. After we faced about, Mr. Blair moved off
. very briskly, without waiting for me to go
n with him. I was surprised at this move
, meat, and asked Houston what makes Blair
,go oft* so fast. Houston was standing not
e direc'ly facing the palings, but rather quar
t tering towards it, and quartering to me ;
e without answering my question, he appear
.. ed to shift 'he position of his feetl ! saw no
s thing at the time, but soon discovered a
ii gentleman coming across the Avenue, and
. pretty near to us, and near to the pave
ment ; at the time I did nut recognize the
individual when I first observed'’him, but
as he approached nearer and was in the act
t ot putting his foot upon the pavement, 1
- discovered it to be Mr. Stanbery, It oc
curred to me that there would be a difficul
o ly between them, haviug understood pre
- vmusly hat there had been dissatsifaction
s between them, Houston did not reply to
e my quos'ion. As Stanbery approached
, nearer, he appeared to halt in his place.
Houston asked if that was Mr. Stanbery
he replied, very politely, sod bowing at the
same time,” Yes, Sir;”then, Sbicl Houston,
you are the damned lascal , and with that,
struck him with a stick which he held in hie
hand. Stanbery threw up htah-- 1
his head and 'oact, tm •« u
and he exclaimed, “Oh, don’t.” Hot stuff
continued to follow him up, and continued
to#Tike him. A ftei receiving several Severn
h! i««, Stanbery turned, » -W-t. * fu..
off Houston, at that moment, apt ung upon
' him in the .ear, Stanbery’# arena hanging
down, apparently defenceless. He seized
him and attempted to throw, but was not
, able to do so. Staobery carried him about *
'on the pavement some little time; whether
t he extricated hiiasell, or Houston thrust
him from him, 1 am not able to deter
mine. I thought he thruat him from him;
as he passed him, he struck him and gave
■ him a trip, Stanbery fell; when he tell,
he still continued to halloo; indeed, he hal
: loed alt the time pretty much, except when
i they were scuffling. I saw Stanbery, after
having received several blows, put out both
hands in this way, he then lying on his back
I did not discover what was in his hands, or
if any thing was; but 1 heard a sound like:
i the snapping of a gun lock, and I saw parti
cles of fire. Houston appeared to take hold
i of Stanbery’s hands, and took something
from them, which 1 could not see. After
that, Hous ton stood up more erect, still
i beating Stanbery with a itick over the head*
arms, and sides; Stanbery still kept hie
his hands spread out. After Houston’s giv
ing him several other blows, he lay on his
> back & put up his feet, Houston then struck
him elsewhere. Mi. Stanbery. after having
1 received several blows, ceased to halloo, &
lay, a* I though', perfectly still. All this
> time I had nut spoken to either of the par
ties, or interfered in any manner whatever.
' 1 now thought that Stanbery was badly hurt,
' or perhaps killed, from the manner in which
i he lay. I stepped up to Houston to tell him
to desist, but without being spoken to, he
quit of his own accord. Mr. Stanbery iheo.
got up on his feet, and 1 then saw the pistol
in the right hand of Governor Houston, for
the Erst time. Some altercation passed be*
i tween them; Houston observed that he had
takan the pistol frera Stanbery. Mr. S an
bery, about that time, asked Hmston “why
'be attempted to assassinate him in the
i night f” Houston replied, “he had not at
tempted toistsassinalo him, but had chastis
ed his for haying traduced his reputation.”
By this time, a crowd had gathered round; 8c
soma person. 1 do not know who, spoke lo
Houston—Houston replied, "that he attend
ed to hn business, and that ha had chastii.
ed the damned scoundrel; if he had offend
ed the law, he would answer for what he
had done,” He repeated “that he had
armed him, & borne off his pistol.” Hous
ton then walked oft’ and left me; then, after
•landing for a few moments, f walked off k'
left Stsnbery standing with the crowd f
istt no morn nf it.
From th» Staluokj S«ntis,l,
LOOK HERE.
In the left hand column, wa makt . ,
tract from Chief Justice Marshal
opinicn, in the ease of Worcester, ih
State of Georgia: in the right hand <o'ua>o,
an extract from Chief Justice Marsha!!’*
opinion a similar subject, as set forth It
Peter’s Reports, vol. 15, p. 20.
' Juigt Murtkmll't tpinio* JuJgt Mankati
"*»■ (Am.
“ Th ‘ wo,it i-Miy," ,k ..Th, Court h*.
i "C»tion” ar« words »f our »wn in bed .motion or
Usj-u»f«, mourdipl®- tioo. nnd altar m»t.
matte aa.! l.giiUtive proaaad. ration, tba majoriti
by our,el™., having .Mb ion that an Indian
a dabnita uu* wall undantoid tion, within tha Ur
maaninj Wa have appliad ti not a/trurn S.
them to Indiana ~i wa have laasa of the C .nil
appliad (ban to tha other na- cannot maintain a
tiom nf |ba aatlh Tkty art tha Court o" tha Ur
afpliid (o alt in Ik i umi If it be trua that tt
«nia.'' aation bare right!
a • * * • • • iha tribunal in . . thins
- -Tha Cherokee nation, than, right! .r. to be mi I n
'it a diltioct community, oecu- be true that wrong
pyinsr ill own larritorr, with inflicted, and that
boucaarim accurately deicrib- apprahaodad, thi
I. «d, in whiohlhe lawiofOaor- tribunal which ca
ilgia can hara no forea, and paat or praraat th.
|whiah the citiaent hare no
right to enter, but with tha at- .
, tent of the Cherokee, them- I
' a.lvas, or in conformity with I
I traatiea and with tha acta of I
■ CongroM."
What say you to this gentle re „
1 Chief Justice Marshall a fewyears
| authority against Chief Justice
‘ noir f
Again. The Chief Justice conti
\ that the laws of Georgia eannot cun
ally operate upon the Indians wumn
’ chartered limits, because they (the Indi
hold the fee simple to the territory,
I which said laws have been extended. ’ ■
I was not Chief Justice Marshall’s doctr
tome years ago. Again we set in par
’ his two opinions. For his old opinion s
f> Wheaton, p. 574.
Present Opinio .* Old Opinion.
1 This principle ••regulated “While th* different it*
. (he right given b j discovery of Europe respected th* t »
among the Europe an diseov- of lh* oativei a* *cc i; f i
f ortn, but could not affect ’.ho they asserted th* ultirus
I rights of those already in pot- minion to ho in then}
1 session, ait bar ai aberigioaloc- aud claimed and exert
• eupants, or occupants by vir- a consequence of this u
tu* *f a discovery made before dominion, a porter (c
f th* memory of maa. It gave the soil rv\,le yet in poi
. tha exclusive right to pur of Ihe natives. These
chas*. but did not feuod that have been undeistood fc
’ right oa a denial of the poises- convey a title to the gt
sot to sell ’* subject only to th*
' Again, he says, “The g*ne- right of occupancy. 7
| ral law ol Kurjpcan Sovereigns tory of America, from
respecting their claims in A- covery to th* preset
’ mericH, involved practically proves, we think, the
,no claim to their lands, no do- *al recognition es their
' minion over Ihe persons of the pits.*’
t Indians: it merely bound the
l nation to the British crown, as
1 a dependent ally ”
1 And *ga*n, * Thesa grants
assarted a little against Ku
’ ropesm only, and were ecnsxd.
. ered as hlankpaper, to far as
the rights of the natives xttre
- concerned
i It seems that the Chief Justice thil
) opinion as often as the Chameleon ch
I its colors. We shall, perhaps. pur ßM
. investigation further.