The Athenian. (Athens, Ga.) 1827-1832, March 23, 1827, Image 2

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FROM TllE NaTiOSAL l^TfjLLlqEKCpR., ) LIST OF ACTS f Passed at the Second Session of the Nine teenth Congi'ess., . An act to authorise the Corporation of the City of Washington to introduce irjto the Lotteries they are authorised to establish certain land prizes herein mentioned. An act for the relief of Noah jNoble* -of Indiana. An*act for the relief of Alfred Flournoy. An act to provide for the settlement of the accounts of James W. Lent, Jr. dec’d. An act concerning the selection of certain lands heretofore granted, by compact, to the State of Missouri, for Seminaries of Learning.' An act for the relief of Francis King, As signee of Win. King* An act to provide for the location of the two.townships of land reserved for a Sqmi- and to complete the loCatiori'of the grant to the Deaf and Dumb Asytdm of Kentucky. An act for the relief of Tan Kapffe and JJ.rune, of Baltimore. An act for the relief of Lt Isaac Mc- Keever. AjS act to provide fo* the Reports of the,- Decisions of the Supreme .Court*. .. ,, An actto provide for taking evidence in tlie Courts <if. the United States, in certain cases. .. An act in addition to “ an actto regulate and fix the compensation of the Clerks in the different Offices.” Passed April, 181S. A& act. ^o authorize tho- State of Indiana to locate and make a road therein named. | An act for the relief of the legal repre- SfentativeTof Balthazar' Kramar, and the legal representatives of Captain Richard Taylor. } An actr to authorise the President of the United'States to ascertain and designate the Northern boundary of the Slate of Indiana. An act for the relief of Polly Bell, alias Polly C.ollins. An act for the relief of Joseph Dunbar, Receiver of the Public Monies for the uLand Office Wesffof Pearl River, in tjie State of lifississippi/ An act to authorise the*'J^^latUre; of the State of Alabama to sell the lairds Here tofore appropriated for fce of Schools in that Stated '*• xr JF Am act to exte, An act making appriop«riuons;*fo^cprtaifl fortifications of the United States, for the !• year one thousand eight hundred and twent^- sev.en. •’. »;?■. , ? ' An act to alter the time of holding the District Court of tho-United States, for'the Southern District of Alabama, and for other purposes. ^ ^ - An act for the relief of Thos. C. Withers. An act making appropriations for . the erection, and completion of certain barracks store houses,, and hospitals, and for other, purposes. An act to authorize the building of light houses and beacons, and for other purposes. An act amendatory of the act regulating the Post Office Department. An act making appropriations for the $ip- port of the Navy of the United Statcs r ’-for the year eighteen hundred and twenty-seven. An act for the relief of Richard W. Steele. An act concerning the entry of vessels at the port of Fairfield, in Connecticut.. An act establishing a port of delivery at the town of Marshfield, in the District of Plymouth, and a port of delivery at Rhine- beck Landing, in the District of New-York. An act to establish sundry Post Roads. An actfor improving certain Harbors, ■&<?: I An act making appropriations-for the Li brary .of Congress,-and for other purposes, An act making appropriations for the In dian Department, for the year one thousand eight hundred and twenty-seven. . An act making appropriations for the Public Buildings, and other objects- An act to provide for the completion Of the road from a point opposite to Memphis in the State of Tennessee, to Little Rbjck in the Territory of Arkansas, and for other purposes , An actto grant a quantity Of land^to the State of Illinois for the purpose of aiding in opening $ canal to connect the waters oi the Illinois with those of Lake Michigan. - An act to-grant a certain quantity of land to the State of Indiana, for ’the purpose oi aiding said State in opening a canal to con nect the waters of the Wabash river with those of Lake Erie. An act giving further compensation to the Captains and Subalterns of the Army of the United States, in certain cases. Athens, Mar. 23,1827. An act authorizing the completion anc d the time of issuing and I rc pair of certain roads.in the Territory p locating Military Land Warrants to officers j Florida, and for other purposes and sohlie An aci ".An of the Revolutionary Army, tor the benefit ofiJohn Boardman. provide fortpe adjustment of] An act to increase the salary of the Popt master General. An act granting to the Corporation of the clmnnh^f persons entitled to ihdemnifica- City of Mobile the right of preference in tior^i*;d er the first article of the treaty of purchase of four sections of land, or a quan iA * J /* il J* a.1 ' !’ L 1 fill? nnnnl fnti* confinno of nv nCnvim Qjficnt. and for the distribution among such Claimants of the sum paid and to'be paid by the Government of Great Britain, under a Convention between the United States and his Britannic Majesty, concluded at London on the 13th of November, 1826. k An act for the relief Warner- Wing. •\n act making appropriations for thepay- niexnrof tKe Revolutionary and other Pen sioners of the United SZklfes. ’ An act fo v r ttfe relief of Edward Lee. ; An act for the relief of the indigent'suf ferers by the fire at Alexandria. An act to .allow the citizens of Ib<j Terri- tity equal to four sections, , at or near Spring Hill, in the county of Mobile An act supplementary to an act to perfect certain locations and- sales of the public lands in Missouri ; passed April 26, 1822. • An act concerning invalid pensioners. - ■* An act for the relief of the regal represen tatives of Joseph Jeans, deceased. An act for the relief, of Jpspph Le Cat*, penter. An act for the relief of Pedro Miranda. An act for the.relief of Timothy; Collins.; An act to alter the times of holding the District Court of the United States, for the tory, of Michigan to elect the Members of Eastern District of Virginia, holden at the ', their'Legislative 'CaufitU, find for other j City of Richmond. ; An act for the gradual improvement of purposes. m ■ An act to refund ,certain duties paid upon vessels and cargoes belonging to* the City of j Hamburg. ' _ 04 An act for the relief of William Menden hall. f .... ’? An act for the relief of Daniel Fielding. the Navy of the United- States. An act for the establishment of an Arsenal at Augusta, in Maine. An act concerning the location of land reserved for the use of a Seminary of Leara- ; •z ktf' • ■, iCiP We deem it proper to inform those who ■may fayourqs with their advertising patronage, that to secure prompt insertion it js necessary to hand them ip. by Thursday-monaing. Thcjcgality of several on hand has been destroyed by inattention in . this re spect, and concerning which we now await further orders.—JldvetiiseaentS do not much startle us on aecount.of indistinct writing, except where proper names occur. These the preceding or following matftfr’ wiflseldorft elucidate, for Jack fits just as well aS Tom: and paving lost the benefit of several from the impossibility of determining who was meaht, we respectfully reqtest names to be written distinct ly;- for the rest we can depend on our experience.- We will- endeavour next week to insert a list of the.peraons in this and some adjoining counties who havc r be§n dpiwrip the Land Lottery, and bo con tinue until its conclusion. It will be Seen by an advertisement in this paper that a stage is ahoot to run between this place and MiUedgeyilte,-;! Independent of the public conve nience ,whieh /Will grow out of this enterprise, we have satisfaction in contemplating the facili ties it; will, orearte between us and a respectable por tion, pf pur pptrqns. “ iigns of ihe] times.”—Such, in the National In telligencer, is the caption to a long editorial essay, or rather a denunciation of those Senators who dared tp de^aTt Eropi ‘tsafo precedents;” qnd, pass ing overthb usufructuary and prescript^ rights of the edifow/ tp'^ect Glen. D. Green, printer to their body. Orifll-We read thra piece, which smacks, we ‘fear, sdmewhhl of idministration feeling, We were riot iWafe^dfflie high standing that Mr. Van Buren, (our Georgia Tice President;) possessed at the Fede ral city. Hi9 speeches, the last session but one, prijWCd"fi|a%feone of'the- most able .men in the Seriatefbui tliaUihe.magical wand of his talents cbuld bendancf guide implicitly such men aaBcnton Berrien, &e. (vriio voted with him, and,‘as the Na« tional Intelligencer says, form the party of which Tan Buren is' both' jftafent and gudrdian,)"has transcended all of OUr'fooif highly raised notions.—i-But the edi tors state ^tfakt secrets are yet behind the curtain, and shall be revealed, - With the latter part of the sentence we are .well pleased. Arfree press, can vassing foe measures and designs, and, if it were posable, even the thoughts of our public men, is the invaluable blessing that a.free country can possess. The truth ig.important to us, and- the whole truth should be told: then justice can be done, and * fiat ju3titia, mat ccelum.’—Will the editors also favour us with a republication of some of their editorial es says in favour of Mr. Crawford, together with the Jcremia<],-|hat was issyed fay them, when they quail ed before the.-poterft staff of Mr. Secretary Clay. Prior tq,that time they held a strong hold in the re gard and rsteem of aM politicians of both parties, for their course Had been unwavering; always advancing dnd 'ilph i oldmg the cause of correct principles. For their aberrations since, allowances may be made under Covhf df hutnan imperfections, but they had best haul jn'in time.'' Two years will soon roll round, and that very small party, as they humorously desig nate the majority in the -Senate of the 19th Con greasy and (we suppose they will say) the smaller party in the, 20th Congress, will rule, and insults are less,- easily fotgivefi than injuries.—A word to the wise is said.to.be sufficient: we hope it will be so on this occasion. An act lor me reiiei oi ^aniei uieioing. ingiw tj ie Sta te of Louisiana. An act to authorise the importation off . . . ^ n samo foSo benefit of i drawback of So i^ u , ^ (i t j ! 0 S^ ditional tenn3 Superior An act for M preservationand repair of. ?”?.*. fj us,rtent of .»!><. Cumberland Road. • 1 land cla.ma .h the State of Alabama. Ai> act for the relief of James Mav. An\act to authorise the. laying out and opening of certain roads in the Territory of | "Michigan. An act for the relief of Jacob Butler. • Ah hei for the relief of John W. Bingey, the legal representative of Alexander Young. An act for the relief of John’ E. Dorsey. An act for the relief of Jacob Shafer. An act for the relief of the heirs and legal representatives of Louis Do La Houssaye, deceased. It * An act concerning .a seminaiy of learning * in the Territory of Arkansas. An act for the relief of Isaac Ricker. An act to provide, for the. confirmation and settlement of private land claims in East Florida, and for other purposes* An act making appropriations for certain Indian treaties* An act for improving the navigation of the Ohio river. An act for the relief of John A. Willinck. An act for the relief of J. Ballastier anc Company, Peter Harmony, and William,W. Russel. An act, supplementary to the several acts providing for the adjustment of land claims in the State of Alabama. An act for the relief of Horace Waitd,‘ anc others. An act for the relief of P. B. Price, Ad ministrator of George Mansell, late a Col lector of Internal Duties and Direct Tax in the State of Kentucky. An act to grant a certain quantity of land Our distinguished representative, Mr. Forsyth, has met the .fot'e .decreed to all honest, fearless, and m- dependent nicp: for. his remarks on the outfit to the splendid imsslbri to Tucubaya, an attack has been made in the servile. Democratic Press, upon Iris am- bassadorialcharacter and conduct while at Madrid, by one v «Fme Friends of Mr. Sergeant. From this at tack he bhii dgfeiifted himself, (we judge from the in ternal evidchWof the ansWer) and has come out triumphant—By the way, a speech delivered by him on. thef <3eor$a business (as it is proverbially called) alAhe,verydose of the session, is said to have bcen-oriq of the most brilliant displays of elo quence wittiessod during the session. We trust it will be. given to the puWic: it is needed, in order that the inforniation contained in it, added to the Report of ti»e Senate, may dispel aU those clouds which the administration have cast around our In' chan affairs, jn order to hurl more securely their vengeful arrows against our devoted state. An act for the-eelief 6f the representatives tb the State of Ohio-for tire piirposfe of.. ma- of Joliri Kerlin,deceased. "An actfor the relief of William Morrison. An act'for the relief of Benjamin Wood king a road from Columbus to Sandusky. An act for the relief of Thomas Gulledge An actfor the relief, of Bar. J. B. Valken burgh Resolution directing the-Secretary of the Navy to apply to the, Government of Perm sylvania, for jurisdiction over certain lands at the Navy Yard, Philadelphia. E U An act for the benefit of the heirs of Gre- gorjvStrahan, deceased f m| An act authorizing the settlement of |h and the merchandise .^imported accounts of Henry M. Brackenridge, keeper U> from, the payment of discriminating of the pnblic archives in Florida. , t J +■„? r * H| Anact. authorizing thepayment of interest An. act for the relief of Edward R. Gib- soft, and W. H. Simmons, and their Clerks. ' An act for .the relief.of Isaac Delawdqr. An-aci to-.-.authorize the sale of certain in the State of Ohio, common- lied Moravian land, act to exempt Swedish atid Norwegian dutiee’of tonnage aad imports, for a limited time, arid for other purposes. * ] B * •- An act making an apjiropridlion for prize money duo x to Thomas Douty. * jjj An act authorizing tkv, president of the United States to remove the land office in tc> the St^te of Pennsylvania. JH . , .B. A n act for the relief of the legal represen tative of Gileai Egerton. | A n act for the relief of Haley and Harris An act for the relief of the Assignees or ■the Cfioctaw,District, in thc^tate.of Mis- legal representatives of Kendall and Butter- sissippi. An act making appropriations for. thb sup- - port of Government, for the year one thou sand,eight hundred and twenty-seven. *• An’ act' mating appropriations for the • military service of the United'States, for the. year one thousand eight hundred and twen Hr lield. An act making compensation to Peter Hagner, Third Auditor of the Treasury’De parlmcnt. e | Congress adjourned after the usual pre ‘ 1 timinaries, on the ,3d instant. '* -iV 9 / * r*'- *1 is in the United States alone, Foreign power can enter into a treaty or compact with you. These privileges have passed away and your intercourse i3 res- ■feted' exclusively to the United States.” u a letter dated Match 10,1824, addressed by the Georgia delegation of Senators and Representatives to the Secretary of: War, the committee understand the delegation to say that the Cherokees are to be Viewcd'as otlicr Indians, ds persons suffered to reside within the territorial limits of the .United States, and subject to every, restraint, which the policy and poicer of the General Govern ment require to be imposed an them for the interes t of tho Union, the interest of a parti cular State, and their own preservation.” From theso considerations the Commit- tee'are brought to the conclusion that the property in, and jurisdiction over the lands occupied by the Creeks within the State of Georgia, are not exclusively possessed by that State, but are subject to the rights guaranteed to the Creeks, or reserved to the United States by the Constitution of the U. States, by the compact of 1802, by the pro visions of law, or by treaty. It remains only to ask, whether the oc cupancy of the small portion of lands now in controversy is reserved to the Greek nation, and on what right Georgia claims to sur vey it, Georgia claims the righUto survey it,'tty- der the treaty of the Indian Springs, but the Committee are of opinion that no right nor title could vest under that treaty, for the fol lowing reasons, in brief: First. That treaty was negotiated not only contraiy. to instructions, but on a basis expressly forbidden by the Executive; when previously submitted for-his sanction. - Secondly. The treaty at Ihe Indian Springs was concluded by a party ot* the Creek na tion,* not authorised by the Creek Ration to treat for the cession of any lands* Thirdly. The treaty was concluded by a minority, not merely of the principal Chiefs present, and without regard to the protest of the Head Chiefs, made by their ^represen tative, both before and at the moment of executing the treaty. ■■ Fourthlyw Supposing the Comraissionets authorised, and the Chiefs empowered to treat, such authority and power Could, in no circumstances, extend beyond a cession of the lands occupied by the Chiefs treating, and .those who empoweredthem; "whereas, by the treaty of the Indian Springs, a small party assumed to themselves the right to cede away nearly all the-lands occupied by the nation. ^ Fifthly. If the Creek nation was a jfkrty to the treaty of the Indian Springs, then it has been declared null and void by the two parties to it, viz: the United States and the Creek nation; if the Creek nation was not a party to it, then it is no treaty at all, for it purports on its face to be negotiated with the Creek nation. s .For .these reasons, on: which the Com mittee are prevented for want of time from enlarging, they are of opinion that, by a treaty like that of the Indian Springs, the Creek nation could -not be divested of its right of occupany, nor Georgia vested with right of possession, and that the lands no • State or great interests are concerned in the subject. The powers of the Union, and the manner in which they have 4 been exercised; the lights i and interests of a sovereign State, and the protection due irom the Strong and the prosperous, to the feeble remnant of a once formidable race. Notwithstanding the’collisions of opinion, which can rarely be avoided wfifere such interests are involv- West of the new treaty line having never been ceded away, are reserved to the Creek Indians by the treaty of Washington, and that the survey of them is contrary to law. The Committee, however, are happy to add, that the i nconvenience resulting from this circumstance is much less than was apprehended. In a letter of Governor Troup, to Messrs. Cobb and Berrien, dated 4th May, 1826, it stated that, “ unless all the sources to is On the 3d inat. the Committee of the House of Representatives, to whom were referred the Mes sages'find -Documents relative to the matters in dis pute between this State and the General Govern ment, made -l a Report, which was ordered to be printed. Tt -ig long, itnd takes a view of it consider ably difierent"irora that offered to the Senate, which was published in our last. It commences with,dis cussing 5 the-’ nhture of the sovereignty assumed over the Indian tribes ‘and territories by the discoverers, and then proceeds td trace the history of this affair disputes the - Validity of the Treaty at the Indian Springs, and asserts the potency of the one at Wash ington; The tone of it sides with the U. S. execu tive andits spirit; generally, maybe collected from the concluding part herewith presented, which is all we have opportunity at this time to insert. It is not known to the committee that, un til recently; either Georgia or any other State, has; since the adoption of the Consti tution, exercised or claimed the right to treat with independent tribes of Indians, ex cept by authority and consent of the United States, or bis exercised any act of legisla tion over .them or has claimed to do any act orthing,forbidden by the law of1802^'The Committeebeliove that the State of Georgia haa not only acquiesced, until lately, ? in the valttiity- ; cif'this course of Legislation, but that her intelligent and prominent citizen have givHn it theifr express sanction. In the talk of Messrs. Campbell and Men wether, to the Cherokees, in 1S23, those gentlemen sdy “the sovereignity of th country which you occupy [a considerable part of which is ii^ the State of Georgia] information here shall prove erroneous and deceptive, the State (if the validity of the new treaty be admitted) has been defrauded of one million of acrea of her best land.” But if the Western boundary of Georgia were run, according to a rigorous construc tion of the compact of 1802, it would pass in some points East of the Ck&ttahouchie, and thus give hera boundary which she might consider less advantageous than the line drawn by the treaty pf Washington. . If the Western boundary line be run according to the interpretation put upon the compact by the Commissioners of Alabama, it would leave Georgia less than she now claims. But granting the exparte line, run by the Georgia Commissioners, to he the true Western boundary of the State, the quantity of unceded land,* by the only computation the Committee has seen, is 19S,632 acres, and that of a poor quality, being about one nine ty-eighth part of the land, the Indian title to which, the United States, in 1802, covenant ed to extinguish for Georgia, as soon as it could he done reasonably and poacealaly. The small quantity of land in controversy and its trifling value, render it probable, that ihe Indians will agree to cede it. Inasmuch as the quantity depends on the direction which the line between Alabama and Geor gia may take, it were to be wished that this line should be first run. It appears, how- ever, that the Executive, from an earnest desire to meet the wishes of Georgia, has instructed the agent to urge the Creeks .to a cession of all the land Ea&t of the line, which Georgia has established for herself. The preliminary steps for this cession re quire no appropriation ; and the Committee deem it inexpedient, by now making an ap propriation for the final purchase, either to fix on an inadquate, or an unnecessarily largo sum. It is ihe result of the best veiw which the Committee have been able to take of the subject,.that po legislation upon it is at^lhis time necessary. tor In conclusion, the Ccximittee beg leave to observe, that they haye given to this im e portant subject all the time and attention they could command, at this advanced stage of the session! They li^re felt ho.\v many ed, the Committee think itunay with justice be averred, that, in the general result,-while the Constitutional powers'of the United States have been asserted, the great ob jects desired by Georgia have been attained, and the public sentiment of the world has not been disregarded, which requires a ten derness and moderation, at disposing of the rights of those, whom Providence has placed, without the means of resistance, at our dis cretion. Such are the views which the Committee had prepared themselves to submit t‘o the House. By the message and accompany- ^ ing documents yesterday referred to the \ Committee, it appears (if thU Governor of v Gorgia correctly represents the other au thorities and People of the State) that the prospect of a prompt and amicable termina tion of existing difficulties, is less ’flattering than had been* hoped. To the letter of the Secretary at War, informing the Governor that the President, in consequence of the remonstrance and appeal of the Indians, would feel himself compelled, if necessary, to employ all the means under his control to maintain the faith of the nation, by carrying the treaty of Washington into effect, the Governor has returned a direct defiance. Instead of submitting the decision of the question to the tribunal provided by tae con stitution, he has issued orders to the Attor ney and Solicitor General of the State, to J take all necessary and legal measures to r effect the liberation of the Surveyors, who may be arrested, under the authority of the Government of the United States j and has directed them to bring to justice, by indict- mefttor otherwise, the officers o^||e U. or others concerned in arresting the Sur veyors, as violators ofthe peace «£ ,Georgia- s|He has ordered the Major Generals of two divisions of militia' to hold tile regiments and battalions within iheir respective com mands, in readiness to repOl at: yasion of the Territory of Georgia; has declared, in substance, that he shaii re gard the attempt of the United S tates t o^s us- tain the Indians by force, (which it will\be- come their sacred duty to do, should ajh-' other means fail) in the occupation of the' lands reserved to them by the treaty of Washington, aa an attack upon the Terri tory, the People, and the sovereignty off Georgia. ; T&CtyiQfttiLtcc will not fake upon them selves to express any opinion on tho subject of counsel-* so much to be deplored. They have nr •r'y’.-eh ension that the people of Geor gia wil^Qgage in Tiole^#d|^An-with the & UnioffTor ih§ pnrposeof sustaining a title to a small strip of barren land, a&qfiired un der an instrument, which, by a very large majority of the other House of Congress, * sanctioned hy an almost unanimous vote of thib y^kuse, has been declared “mill and void.’^Ifi however, it is necessary to con template so disastrous an event, the Com mittee trust the law of the land will be maintained, and its faith preserved inviolate. The Committee recommend the adoption of tho following resolutions: Resolved, That it is expedient to procure a cession of the Indian lands, in the State of Georgia^ ' U - ; jResolved, That until such a cession is procured, the law of the land, as set forth in the treaty of Washington, ought to be main tained, by all necessary Constitutional and legal means. Fiom theiSational Intelligencer. Letter from Governor Troup to the Dele- S ition of the State of Georgia, in the longress of the United States. ‘ ^ Executive Department, Geo. > Milledgeville, 21st Feh'uary, 1827. ) ■Gentlemen : I was glad to learn, by the mail of to-day, that measures had been taken by the President, subsequently to the communication of the Secretary of War, of the 29th ultimo, to procure the lands left out by the instrument called the New Trea ty. I have uniformly urged this measure on the General Government, from the mo ment it professed a willingness, contingent ly, to adopt it, and in no part of the cor respondence more strenuously than in my letter to the Secretary of War, of the 26th January, a copy of which was transmitted to you by the last xnaih Jtwas known to me, that a sincere desire to .procure them, accompanied by corresponding efforts,xfould not fail of success, and I had felt both sur prise and regret that any reluctance had’ been manifested to have recourse to the ne cessary measure without delay,The rea sons assigned for the postponement;were, in no aspect of them, satisfactory; and so the* President was informed in a candid end : amicable spirit. You are at liberty to state to thfc councils before whom you represent the interests and right of this State, what has been repeatedly represented to the Pre sident himself, that the Governor of Geor gia has never at any time; entertained tho idea of resorting to military force to coun teract measures of thfe Government of the United States, but an. the occasion where it was deemed better in honour, in con science, and in riutyXto sacrifice every thing we hold dear,' than. unresistingly to submit. On the laat occasion* when mili tary coercion was threatened, the President was promptly and candidly informed of my resolution to meet that coercion in a mili tary manner^ So far as at« determination was expressed to resort to the civil process, it was decided to resort to the like process