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1 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