Newspaper Page Text
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father accelerated in it9 advance-
pears somewhat remarkable, that.
It ap-
at this
inclement season of the year, and amidst
the acknowledged distress which exists, so
few applications for employment should have
been made. The Company are at present
in want of several hands in the mining and
ex eavating departments of the work- The
progress of the work is now so rapid, and
interruption, in consequence, so injurious
that the Directors have resolved to exclude
all v'siters from the arches themselves, and
limit them to the platform, from which, how
ever. a complete view is still to be obtained
of the nature of the undertaking.
Lon. pop. J in. 0.
were not fo be surrendered by the Indians,
until September, 1826; but the Government
of Georgia was desirous of effecting its sur
veys, before the arrival of the period of sur
render, under such arrangements with the
Indians themselves, as would render the act
acceptable to them. The measures which
were adopted to effect this arrangement, the
fact that one of the chiefs who had assented
to it, was put to death, and the subsequent di
vision of the tribe into hostile parties, both
of whom sought the protection of the United
States, arc within the recollection of the
Senate. At this period, the Executive Go
vernment of the Union, interposed, and hav
ing made such inquiry, as it deemed’proper,
forbid the further prosecution of the surveys
bv Georgia. The Executive of that State,
soveriegnty has never been yielded t6 -the
United States.
Tub exceptions to the principle, that her
jurisdiction is co-extonsive with her lirnit3
the Executive Government, & have been re
ferred, generally, to the Message of the
President; and in answer to a specific in
quiry, whether any appropriation of money,
Athens, Mar. 16,1827,
she contends, exist only in those cases, j by Congress, was necessary to obtain the
where, in conformity to the Constitution, | relinquishment, by the Indians of any claim
the United States, have by her consent, ac- j to the lands in controversy, hay> been in
quired exclusive jurisdiction over particular formed that the expense entreating for that
places ; that in other cases provided for by object, might be defrayed out of the con-**
the Constitution, the jurisdiction of the U. tingent fund, and the purchase money, if a
States, within the limits of a particular treaty should be made, provided for by an
State, is concurrent with,but not exclusive of, appropriation at the next session of Con-
the jurisdiction of the particular State, un- gress; and they have been furnished by the
less the Constitution, in terms, or from the head of that Department, with a copy .of his
necessity of the thing, inhibits the action of instructions to the Agent of the United
the State over the subject. States, residing in the Creek Nation, direct-
As an evidence of her right, thus to exer- ing him to use his exertions to obtain such
cise a jurisdiction co-extonsive with her lim- relinquishment; which is herewith submit-
Stammering.—It will be perceived by an adve--
tisement of Dr. Chapman, in thir, -paper, that an op
portunity now offers for persons in this vicinity la
bouring under impediments of speech of any kind, to
be effectually cured. The success of Dr. Chapman
within tbo past week, njjf restoring to their prope-
tone and use, the organs of speech in individuals
rendered by nature or habit incapable of a distinc t
articulation, affords satisfactory evidence of the
operator’s skill. An instance of this Itind within our
observation, in a case which, from its established
character, might have been supposed to baflle the
power of art, has removed every doubt previously
entertained of the practicability of such a cure.—
Persons to whom such an opportunity may bo desi
rable would do well t > apply forthwith, his stay be'
jpg limited in consequence of prior engagements.
protesting against the measure, nevertheless I its, she appeals to the whole history of her ted.
submitted to the inhibition ; and this state legislation, in proof of its continued, uninter- The Committee are in possession of no
of things continued until the last session of rupted, and hitherto unquestioned, exercise; evidence to shew that the State of Georgia
Congress, when a new treaty was negocia- to her laws and resolutions of 1783, 1785, j has, at any time manifested a determination
ted at this place, with certain Chiefs and 1787, 1314, 1818, and 1819, on the subject to resist the civil authority of the United
Warriors acting under the authority of a of surveys of land, in the occupancy of Indi- States.—On the contrary, it appears that
council of the tribe. This compact stipu- an tribes, & to other acts of 1785 and 178S she has, heretofore, submitted to the order
lated the surrender of certain lands, within relative to the county of Bourbon, estab- of the President to desist from the survey,
limits which it defined, and the abrogation fished by her authority on the banks of the and the resolutions of her Legislature, at
of the treaty of the Indian Springs. It was Mississippi, and to the subsequent rccogni- its recent session, also referred io this
resisted bv Georgia as a violation of her tion by the U. States, in the contract of Committee, contain a direct and earnest ap-
rights. and her representatives in Congress 1802, of the rights acquired under the for- peal to Congress to settle this unhappy con
recorded their protest against the measure, mer act. Itroversy.
It nevertheless received the Constitutional She appeals to the history of the legisla-1 On the various and important questions
sanctions, and, so far as depended on the tion of her sister states, having Indians re- which that controversy presents, the Corn-
United States, ha-t been carried into effect, siding within her limits, on lands; the ulti- mittee have not deemed it necessary, or
by the payment of the stipulated price. In mate fee of which is in the particular State, proper, to express an opinion. The Presi-
the result.it was found not to include all all of whom, she alleges, have exercised the dent has referred them to the decision of
the lands occupied by the Creeks within the same jurisdiction, which is now claimed, J the Judicial department, an4 there E noth
fimits of Georgia, and the attempt to survey and has always been exercised, by Georgia, I ing before th^porn^iltee to authorise the
those which were excluded, was resisted, J and to the principle of the 'Sr cisions ol the J belief that Georgia will not peaceably ac-
and the Surveyors of the State of Georgia, j Supreme ^ourt, especially in reference- tlfj'qhiesce in that referrence. The^do not,
in the
tabfe that
ft> man
The National Intelligencer of th9 J inst contains
» eobrespondenre port? ruling a iftrefr between Mr,
fcPDnSe, o f S. Carolina, .and Gen. Metcalf, of Keh-
tueky.W'i.b h wrs relinquished again on the latter
demanding thn'uee eC ttu; rt-V, which Mr. M’Puik*
is represented as inca'jvabG of wielding. In one a r\
tide of the cprnUtio'is^w-nBfid bj-.Gcn.M.’s second, 1
it b stipnfrfcilffitfft* H&me his
adverj
customs is
One portion jP’thc rjr-'
natives,
between
fit' . aftbu-s of a nation affecting to cherish the
figion and morality, and to elicit the most
social forms, should meet with so little
version.
■■n in-*'-" 1
'We last week published an article stating that the
"Hit militia claims had passed the House of Re
latives. By the following extract of a letter
I Washington we learn that it is finally settled.
The ,on g delayed claim of the militia of Georgia
- ** services in the. yean >32, ’93, and ’94, has been
acknowledged, and money appropriated to pay it.
This event is one of congratulation; for the refusals
i of Congress had been so numerous, that we had a!
, *! despaired of ever succeeding in obtaining a fa-
»-• > ■ VftumUe decision notwithstanding its justice.”
We exclude much other matter intended for this
week to give place to the Report of the Committee
of the Senate to whom was referred the Message of
the President of the 5th February, relative to the
difficulties between this State and the U. S. execu
tive. The report was presented to the Senate or
the 1st inst. and ordered to be printed; and as the
session closed on the evening of the 3d, the press of
previous important business must neocssarily have
precluded the furthef acting on it this Congress. Mr.
Adams, however, will have little difficulty in col
lecting from it the most prudent course to steer.
On the 2d inst. p. Message was received from the
President in the House of Representatives, enclosing
the orders of Gov. Troup, and his letter to the Se
cretary of War on the reception of the despatches
by Lieut. Vinton, as also letters from Lieut. Vinton
himself; which, after some opposition by Mr. For
syth, were referred to the select committee on the
Georgia co i troversj.
/;* Senate of the United Statu, March 1st
1827.—The Committee to whom was refer
ee! the several messages of the President of
the United States, of the 5th and the 8th
-Feb. and a report and certain resolutions of
Legislature of Georgia, make the fol-
have entered on theex-
ubject referred to them.
sen?e ofthe magnitude of the
n rich it involves, with a strong
desire' to preserve foe respective rights of
the United States, and of Georgia, so far as
these may be affected by the action of the
Legislative Department, and with a still
.more anxious solicitude to arrive, if practi
cable, at a result which, without violating the
obligations, or committing the rights of the
Confederacy, or those of one of its members
light preserve, undisturbed, the peace and
jarmony of the Union.
"hey have believed that a view of this sub-
so far es it is necessary to the purposes
inquiry, may bo presented to the
a brief statement of facts, with
The President of the United States, con
oc-iving the Survey bv Georgia to be in vio
lation of the laws of the Union, and applaud
ing the forbearance of the Indians, as cal
culated to avert scenes of violence and
bio id, which "he apprehends would otber-
e grounds on which the Ex-
of the United States
proposes further to in-
edings of Georgia ;
of that Sate,
she relies to
York. [ties of the Union, and of Georgia; andun
In further proof of her right to. survey j less, as an act of indispensable and melan-
lands in the occupancy ot an Indian tribe. I chely necessity, they would deem sucty legis-
but within her chartered limits, she PpptfaMlation improper.
to the decision ofthe sameOourt in the case of The belief that we have arrived at a cri-
Fhtrher arid* Psokvia which it was decided | «i 3 , when one of the members of this con-
wise result from those proceedings, hap as-1 that the Indian, title to lands within the lim-| federacy, placing herself in an attitude of
ured them of his protection, and has di- its of Georgia was not inconsistent with the hostility to the residue, has rendered it ne-
rected the arrest and prosecution ofthe of-i title irufee of the State, to the lands so oc-i cessary to resort to the miltary power of
fleers o Georgia engaged in the survey, enpienwy the Indians ; that the yS fate of the General Government, to coerce her to
These prosecutions, and the measures which Georgia had power to grant those lands dqtsubmission, would be appalling to every
may be adopted to carry them into effect
are stated to be found on the 5th, 16th, and
17th sections of an act of Congress, passed
e 30th of March, 1802, to regulate I the right of not inseparably inci- jgret, to have forced upon us the conviction,
intercourse with the Indian tr bes, dent to fogj^xercise of thosei rights the that an unwarranted anticipation of such a
anffWpteserve peace on the frontiers. Ex- oxisten£#<Jf which is thus dotermine.d by the crisis, had led to the unnecessary sugges-
pressihg fife conviction that it was within j SufiEBme Court-' tion of even a conditional determination to
th^ competency ofthe executive to have claim of Georgia, under the treaty I have recourse to so afflictive a measure,
sorted at once to military force, or to -rtnvil of the Indian Springs, may be briefly stated 1 It is believed to be among those axioms,
process, for the arrest of th^a^cers of thus : I which, in a Government like ours, no man
Georgia, the'BVe»mevlt^rop.«^c(s to state the I The compact of 1802, she contends, | may be permitted to dispute, that the only
reasons which mho influenced him to havcl bound the U, States, in consideration of the j security for the permanent union of these
recourse in the first instance, only to the cession made by Georgia, to extinguish the States, is to be found in the principle of
latter j but he adds the declaration, that the Indian titles to the remaining lands within common affection, resting on the basis of
act ofthe Legislature of Georgia, under the I her limits, and in their occupancy. It J common interest. The sanctions of the
construction given to it by the Governor of j created an obligation, but did not confer a ^Constitution would be impotent to retain,
that State, and the surveys made, or attempt- right on the United States. It was simply, in conceited and harmonious action, twenty-
ed to be made under it beyond the boundary she urges, a stipulation that the expense of four sovereignties, hostile in their feelings
line secured by the treaty of Washington the extinguishment should be paid by the U. to each other, and acting under the impulse
are in direct violation of the supreme law of States, and left them consequently to settle of a real, or imagined diversity of interest
this land ; and, if perserved in and the laws I the amount. When through their agents, jThe resort to force would be alike vain and
of the Union remain unaltered, it is declar- the contract of the Indian Springs was ne- J nugatory. Its frequent use would subject
ed that “ a superadded obligation, even gociated, and the Government had ratified it, with demonstrative certainty, to ultimate
higher than that of human authority, will I the, bargain, the right of Georgia became, failure, while its temporary success would
compel the Executive of the United States to as she contends, irrevocably vested. The be valueless for all the purposes of social
enforce the laws, and fulfil the duties of the I authority of the United States was then at happiness. In such contests, however un-
tfation.by all the force for that purpofo 1 an end.. This Government was functus J equal, and however transient, the seeds of
committed to his charge.” It is added; officio as to the subject; the power was disunion would be thickly sown, and those
“ that the arm of military force will be executed. If the agents of this Govern- who may be destined to witness them, will,
resorted to, only in the event, ofthe failure of ment had committed a fraud, the United speedily hereafter, be called to lament the
all other expedients provided by the laws, of States was bound to indemnify those whom destruction of the fairest prospect of civil
which, (it is said,) a pledge has been given they had injured. If the Indians were dis-1 liberty, which Heaven in its mercy, has
by the forbearance to employ it at this time.” satisfied, it was the duty of this Government (vouchsafed to man-
Finally, the President submits it *.* to the to appease them by the use of its own means, n The Committee have before said, that
wisdom of Congress to determine whether It could not interfere with the rights ofl they see no reason to fear that Georgia will
any further act of legislation may be neces-j Georgia. * The United States, it is said, Ibot acquiesce in the decision of this question'
sary or expedient to meet the emergency had conferred no right on Georgia. They ’by the Judical Department. It has been
which these transactions may produce.” had merely removed an incumbrance from} seen that she has heretofore yielded to a
Such are the circumstances under which a pre-existing right; as by the compact of mere order of the President, and the reso-
this subject is presented by the President to 1802, they were bound to do. They could lutions referred to the committee evince
the consideration ofthe Senate. not replace that incumbrauce by a new com- that she still looks with unabated confidence
On the other land, Georgia claims the right pact with the Indians. The Government to the Congress of the United States. They
to exercise jurisdiction within the whole ex- of the United States, it is asserted, did not can, therefore discover no ground for the
tent ofher chartered limits, except only over pretend to do so ; on the contrary, those assumption that she meditates resistance to
that part ofher original territory, which, by who maintained the validity of the treaty at J the civil authority of the Nation. The in-
the compact of 1802, she ceded the United Washington professed to believe,and opinion dications which have been given of an in
states. was distinctly avowed on the floor of the Se-1 tention fo employ a portion of her militia,
She claims the right to survey such lands nate. that so far as Georgia was concerned, j if necessary, for the protection of her sur-
within her limits, as may be within the tem- that tggfety was co-extensive with the one veyors against Indian violence, were limited
norary occupancy of an Indian tribe, or to negotiated at the Indian Springs. That, if j to that object. That they were intended to
inhibit theis* survey ; and the right, also, to on this expectation the United States were oppose the constitutional authority of the
extinguish the Indian title at her own cost, deceived, they must look to the Indians for Government, is unsupported by any facts
if she shall think fit to do so. She ques- the correction of the error; that they have, which have been disclosed to theCommittee,
tions the constitutional validity of the act of in this event, paid money.for a consideration and appears to them unworthy of belief:
1802, if construed to extend to the exercise which thejr had not received ; but that the Their confidence in this con vine tion has
of Ihis power by a State, in relation to those rights of Georgia remain untouched. Once J been to them a source of unmingled satis-
lands of which she has the ultimate fee ; vested, and no one, she affirms, will deny j faction. For, although they would readily
but if its validity be established her rights, that they were so, while the treaty of the apply, if necessary, the whole energies of
even under the provisions of that act, she Indians Springs was in force, they cannot the Government to the support of its legiti-
affirms will still remain. be divested without her consent. . mate authority, they would at the same time,
Such are the claims which she urges, in- She denies the application of -the Indian regard the most remote preparation for a
dependency of treaty stipulations between intercourse act to the subject, affirming that! resort to military force for the purpose of
the United States and the Creek Indians. it is directed against the unauthorized m-1 compelling a sister State to submission, as
Under the treaty ofthe Indian Springs, trusion of private individuals, and not to acts J among the greatest of public calamities,
and by virtue of the contract of 1802, she done under the authority of a State. She The committee will not enlarge upon the
contends that she-has acquired an absolute asserts that this is obvious, from its terms, j frightful consequences of dpril wars. They
relinquishment ofthe Creek title of occu- and from the fact that the passport of a I are known to be calamitous to SMjg/egovern-
nancy, to all the lands within her limits ; Governor of a State, equally with that of ments, and fatal to confederacies. Reason
that she has vested rights under that treaty the president, dispenses with some of its tells us this, and history, with her warning
of which she cannot be divested by any act penalties. That it is directed against in- j voice, confirms it. A contagious fiiiy rages
of the Government of the U. States, or of trusive settlements, or acts done with a view in such contests. No matter how small the
any part, or the whole ofthe Creek tribe. to settlement; not to surveys made under beginning, or how insignificant the cause,
She founds her claim to exercise jurisdic- the authority of law. Against such surveys the dissention spreads, until the whole con-
lions within the whole ofher chartered limits and settlements, she affirms that the Indians federacy is involved. The “ Third Sacred
slaturo of
the sup-
acts pf the
1825, and
1. Under an act of $ho
Georgia, passed in«
plementaiy, and w
same Legislature of
1826, surveys were directed of that portion
of the Territory of Georgia, the Indian title
to which had been extinguished by the tre-
ty of the Indian Springs, of February, 1825.
By the terms of that compact, these lands
on the declaration oflndependence, the par
ties to which became, ipso facto, several
ly, sovereign and independent States, owing
no allegiance to each other, nor to any com
mon head.
On the relult of the struggle which that
declaration produced: and which eventuated
in the reeognitton of the States, ta several-
hj sovereign and independent; and on the
fact that this right, iiiseparahly incident to
are protected' by the constitution* and laws J Wnr,” which ended in the ruin of ail Greece,
of Georgia. began in a trifle, in the attempt of the Ala-
Such the Committee are induced to be-1 phyciions to punish the smallest member of
lieve, is the claim which Georgia wju pre- the confederacy for violating some ground
sent to the proper tribunal. which had been consecrated to the god
The Committee have considered it their | Apollo. The committee will- not multiply
I
until all the arguments of reason have been
tried and, exhausted, ought not to be hastily
used in a community of States bound to
gether by a confederated Government.
The last argument of kings, should not be
the first among associated Republics. The
tribunal of public opinioQjshould bo resorted
to. In a free Government it is almost as
omnipotent over communities as over indivi
duals. None can despise it. Coupled with
judicial decision, the empire of public
opinion will be as binding as the decision of
arms. In this case, the laws have been al
ready appealed to, and the committee most
earnestly recommend a reliance upon their
efficacy, and upon that instinctive sagacity
of public opinion, which rarely fails to dis
cover and to sustain the just side of every
great question.
It has hitherto been the happiness and
boast of the Americah People, that since the /
adoption of the present Constitution, their
annals exhibit but a single instance in which,
to maintain the authority of their Govern
ment, the blood of the citizen has been shed ^
by the atpis of the soldiery. It should be
the prayed of every American that this may be
the last.—The apprehensions then felt forthe H
continnance pf our Confederacy are fresh ia-x ^
the recollection of the Committee; Nor 5
can they forget the exultation which was
manifested.% the enemies of Republican
Governments/and their confident predic
tions of the spsedy downfall of ours. The
^virtue and intelligence of the people, co- , . —,
operating with the inherent excellence of our
political institution-;, averted-the danger,
and preserved the Union.-—Turee entire j
administrations have since intervened, with
out resorting either to the actual or threat
ened exercise of force, to sustain the au
thority of law. During a portion of this *r
period, our country was involved in a san- . J *
guinary war with one of the most powerful
nations of Europe. In its progress, wheu
unlooked for calamity filled the timorous
with apprehension, and roused the patriot
to redoubled exertion, a spirit of insubordi
nation was manifosted in an important por
tion of the Union. A crisis occurred more
interesting than any other in the history of
our confederacy, and there appeared reason
to apprehend thst the horrors of a, civil,
might be supe
foreign war.
show the profou
of the nature an
system, possesse
then presided over the Repul
that time strikingly exhibited; and if any
thing could add to the debt of gratitude which
the country owes to this illustrious patriot,
it is his conduct on that occasion. Had
threats of military coercion lieen used, the
probability of its application would have
been increased, afyl^under the excitement
which prevailed, the commencement of hos
tilities between the Federal and State au
thorities might have terminated. our exis
tence as a free and united People. No
menace was employed. No threat of mili
tary coercion fulminated.—The movements
of those to whom disaffection was attributed
were observed with care, and silent prepara
tions were made to enable the Government
to act with effect, should the application of
force become unavoidable. The threaten
ed collision between the Federal and State
authorities was fortunately avoided.—The
conduct of the parties was submitted to the
judgment of ll\e American people. The
sentence which they pronounced was just,
and it will remain irrevocable. Public
opinion performed its office, and our Re
publican institutions arose from the shock
with renewed lustre and increased stability.
The honest apprehensions of those who had
before doubted their capacity to sustain the
pressure of danger and the conflict of war,
were dispelled, and all the hopes which
were founded on the anticipated dissolution
of'our Confederacy were destroyed. f
Shqh were the legitimate fruits ofthe wis
dom, moderation, and firmness, which were
then dis^yed ; and, while they retrace the
history of that period, the committee are en
couraged to hope that similar wisdonvand
moderation will lead to similar results.
They would be unwilling to give their sanc
tion to different measures on any occasion /
of apprehended collision between the Fe-w
deral Government and one of its members^^
but more especially in a case so essentially
different in principle and character, from
that with which it has been compared, as
the present is admitted to be. It is far from
their desire to interfere 'with those duties
which have been confided to the Executive, jr
and which, they doubt not will be discharged *
with ability and zeal; hut it becomes their
duty to express the opinion that there ap
pears to be no greund to apprehend the
necessity of appealing to military force, for
the purpose of enforcing the laws within the
State of Georgia, and that they cannot con
cur in the propriety of menacing its applica
tion, or of adopting any measure in anticipa
tion of an issue which they do not appre
hend, and which every good citizen should*
endeavor to, avert.
The committee have not deemed it neces
sary to advert to various other subjects em
braced in foe report and resolutions refer-,
red to them.-—Some of them involve .ques
tions which cannot properly originate m this
branch of the national legislature ; anB they
do not perceive foe necessity or propfiety of
entering into an examination of the remain
der while foe principal question which be
longs to this controversy is in a course of
judicial inquiry. ' '
The Committee rely with confidence, on
the justice, and foe patriotism of the autho
rities of the United States, and of Georgia in
duty to apply, through their Chairman, to examples of the same fatal character of expressing their convictions, that no such
the proper department of the Government which history is full. They will say, that unhappy consequences as are apprehended,
to ascertain whether any particular-, act of the ratio ngum” which cannot be can result fr<M the ^resedTpontrfUrs^
legislation was contemplated, or desired by I resorted to between two Foreign Powers. They rely on foe instructions and