About The Athenian. (Athens, Ga.) 1827-1832 | View Entire Issue (April 5, 1831)
GEORGIA, GWINNETT C'OLNTY. Giciun<U Superior Court, March Term, 1831. Til* STATE ) vs. / Ilalras Corpus. (VoRCEiTER AND OTIIF.nS. I THE OILS'S. The iVfcivhnt and five others wore in the enatody of Col. Sanford, Georgia Cominis.-inner, to whom the writ va* directed, to show the enusc of tlwir capture mid (Mention, and who returned upon paid writ, I hat ns Commissioner aforeraid, opprinted under the act .»i the State ol Georgia, passed on the 2M of Doccnv f.er, 1830, entitled “ An Act to orevent the exercise of nconned and arbitralv power, by all persons under pretext of authority from the Cherokee Indium*, and J icir law s, and to prevent white persons from residing it that part of the chartered limits of Georgia, occu ) led hy the Cherokee Indians, and to provide n guard i n the protection of the gold mines, and to enforce the Jaws of the State within the aforesaid territory.** lie had arrested said persons fora violation of said uc.t, and particularly the 7th section thereof, and had brought them to be surrendered to the civil authority ’to he dealt with ns said law directs. Whereupon their *di«choige was moved for, upon flir grounds herein af ter men tinned. Dougherty and Trippc for the Slate. Harris, Harden and Underwood for Defendants. THE OPLVIOX OF 'ME COURT. Prr pmatnry to a decision of this case, it w ill lie ne cessary to bring into view, uucli parts of the above re* r itcil act, ns arc applicable to the question. r l lie 7tli recti* n is in the following words: “ 1 hot nil w lute nr r- foi-s residing within the limits of the Cherokee Na- lion, o:i the first day of March mxt, or at any time < thereafter, without a licence or permit from hisl.xcel- *Iency the Governor, or from such agent ns his l.xccl- H »nev lh*» Governor, shall authorise to grant such per- ■rnitor hecnce, and who shall not have taken the oath hereinafter required, shall be guilty of a high misde meanor, and upon conviction thereof, shall he punish ed hy confinement in tho Penitentiary ot iinrd labor, for n term not less than four years : Provided, that •the provisions of this section shall not he so const rued,as to extend to any authorised agent or agents, of the go vernment of the United Slates, or of this State,or toauv person who may rent any of those improvements which have hern abandoned hy Indians, w ho have emigrated west of the Mississippi.’* And it provided also, that fe- males and children underage, were not to he effected Iby the section. The 8tli section provides, “ That all white persons, cifilens of the State of Georgia, who Htave procured allicenm in writing from life Excellency •f!io Governor, or from such agent as his Excellency 'the Governor, shall authorise to grant such permit or licence, to reside within the limits of the Cherokee Nation, and who have taken the following oath, viz : 1, A. B. do solemnly swear (or affirm as the ease may be,) that I will suppoit ami defend the Constitu tion and laws of the Slain of Georgia, ami uprightly tWncan inyself ns n citizen thereof so hnlp me God, •* s'mll he, am) the same are hereby declared, exempt end free from the operation of the 7th section of ilii: -act ’* Put* lltli flection provides for the appointment of the (’oi'ninissioncr anrl guard,“for the purp se of carry ing tin* art into effect. And the 13th section declares the duty and power of the guard, or any member there of in arresting persons charged w ith, or detected in i violation of the laws of the state, within vi'id Nation, nnd to convey them ns soon ns practicable before iJic 'civil authority to he dealt with as (lie law direrts. In the prosecution of the defendant's application for n discharge, their Counsel set op two classes of objec tions to the act under a Inch they are apprehended. 1st. That it is contrary to tire Connliiurion of the ■U died .States. 2. Thatit is contrary to the Constitution of the State •of Georgia. in the first, upon four grounds, viz: Hat. No Stnte shall pas*, any ex jmr.t ficto law. *2d. Tiie citizens of each stnte ahull be intillcd to oil ■privilege* and immunities, of citizens in the several 0 talcs. 3d. No slate nliall, without the consent of Congress 1 »V any duty of tonnage, kfty or .»*«/*.% of twin*, m o/peate. enter into any agreement or compact with another state, or with a foreign power, nr engage in mar, unless actually imailed, or in such imminent danger fos will not admit ol delay. *4tl». the right of the people to be secure in their per f.rtu, houses, papers and effects, against unreasonable searches and seizures, shall not be violated, nnd no tca>ra it* shall issue, but upon probable cause, support ed b} an oath or affirmation, nnd particularly dcscrib- 1 *g the place to be searched, ami the person or thing* do ho seized. In tho last, upon the following ground, viz. •‘No per son shall be denied the crjoy incut of any •civil right, merely on account of his religious princi ples,** and as connected wi>li this ground, the outli re- q mod hy the statute isn test oath, and therefore con iffwv to the inherent rights of man. The course of tho argument makes it ncecssury to •examine all three points. 1st. It iseaid that the act is an rx mat facto law,—in Hhti, that these individuals were residing on the terri tory at, and hoforo the time of the passage of the act, nnd contrary to no existing law, and that a residence, innocent at that time, could not be made criminal by •the Legislature. This objection will bo made to disnppeai by a very ■plain statement. What is nn ex post facto law ? It ficcma to be agreed on ill sides, tint it is a law punish- 1ng an act, which when commit ted, was repugnant to mo law. In other words, according to the first lesson •of every tyro in tho legal science, law is a rule of action prescribed for the conduct of men, nnd consequently regulates all his actions after the passage of tho law, ■find can never be said to be a rule of action to past con- duct, or actions existing prior to the law. Is this the •fact in relation to the statute before us ? When was it ■passed? On tho 22d of I)er. 1830. What residence of these people constitutes the crime ? Is it tho residence nt the time, or before the passage of the act ? Candor will dictate a negative answer to this question, fi lien then does the crime of residing in the nutinn commence? N-.it until after the first day of March ensuing, the date •0 he net. Ilow then can it bo said, that this is pre scribing a rule of action to the past, instead of the fu ture conduct of the citizens ? It cannot be. 2d. The citizens of each state shall be entitled to all privileges and immunities of citit-ms in the several 2 at us. It is urged, that the law ia not a general one. that it applies to a particular part of the state, and llirse individuals being citizens of other slates, and coming into that territory contrary to no law at the lime of their emigration, arc now made to perform du ties that are not required by the other citizens of Geor gia residing in the settled parts of the State. This \* not a true construction of the act. Laws arc not made to act upon mere territory, but upon people wlto may occupy that territory, whether one, or one thousand miles square, and if all poisons, without discrimination, are to be equally effected by the law f*> soon as they ■enter the forbidden land, it is a general law, because it is tho whole people sought to he restrained, and not the land. The expression of the law is, not citizens of other states, but all white persons, whether citizens of Georgia or efitwhcrc, who ninv reside within the limits ofthe Cherokee Nation on, and after the first of March shah, fiif. Now here is no distinction b< tween citizens of this and other States. Tho moment a citizen of flouth Carolina comes into Georgia, he is a citizen of •Georgia, lor all the purposes of enjoying the privileges and immunities resulting from the powers granted by the states In the Federal government, in that sense, he rt a citizen ofthe Union, and consequently o citizen of each state. In reference to the reserved and ungrant- cd powers ofthe states, he is not a citizen entitled to •*.11 the immsnines and privileges of the citizens of the Mate into which ba eomes, such as voting si Gate el ections, participating in public lands, &c. until lie liss •implied with certain conditions as to -residence, im- tmsod bjr the laws of the stste. But without this din- linetion, these persons cannot complain ofthe law, for it applies to oor own citizens as wi ll as all others, and enrefr It’ wt!! ncl becontended that cilii ha of other ataUa shall have greater privileges than our own ! W* not let oar ova reside there without obeying the 3d. No stale riioll keep troops or ships of war in .line of pence. It i* contended, that the officers nnd guard for tin protection of the gold mines, nnd to enforce the laws ofthe state within the Indian territory, are such troopsas come within the meaning of the clause just quoted. It is said they bear arms, arc raided for o year, have barrack*. ore paid and furnished like rt-pubr troops, kc. Now this may all he true, nnd yet they ore clearly not troops in the acceptation ofthe consti tution. The character of a military sen ice i-In-Iter knomi hy its objects, than by it* name or organization. They may be called guards, troops, nay if you please, army —they may even w ear a uniform and h*ar nuns, but if they are not raised for the purpose? ogainst whub tin- constitution intended to guard, they neither riololt! its loiter nor spirit. • The Fcdeial Convention, with their well known wisdom, caution and forecarl, seem to have thrown around every pow er in the constitution a due ond proper restriction, or some forcible express ion bv which their meaning might be ascertained. In the clause under consideration, the word '\ All is tin leading nnd controlling idea, is mentioned twice, nnd j country. It is not less encroaching to day than it has stands intimately connected w ith the phrase relied up- been in any past p* liod of the world, und though I To wit. nostale shall “ keep troovs or ships ojtear • may be alone in this matter, yet whencvcr^rcligton in time of peace, Or engage in war, unless actually in- ‘ adud, or hi such imminent danger oh will not admit of delay.” Now who does not perceive the object of bis clause ? What is tcar, nnd against whom i6 it tra- ged ? fait ever carried on by u regulur government, not in a state of revolution against its own citizens ? we at war, or do wo contemplate war in protect ing our gold mines, und in enfi.icing the laws of the state within a paiticulur district ? A proper attention to the concluding pnragiiiph of tin clause, will plainly shew that the Keeping of troops in time if prate, has reference to defence ogninst foreign invasion, for troops may he raised and kept, and the stnti s may engage in tcar if " actually invaded” or in “ such imminent danger os will not admit of delay.** line tin object and the* enemy are clearly designated, nguinst which thrir shall; he no preparation for w ar, in time of peace, on the pari [ can find more repose for that troubled spirit, and do of the states. This power of dulV nee having been con- not expert or ask so unreasonable a boon os for n ferred upon the Union, the separate states hhould not interfere with it for very many reasons, but particular- ly, for fear they might embroil tho Federal Government unnecessary w ars. (See the Federalist on this subject.) rn.dfl In llie ca*r. No one .ill eoiitoml, I presume Hint (lie *ct strike. »l nny religious opinions, lliat there is any one word ofn can lie so tortured, »s to indicate not Imsiilily to religion, or the separate tenets of nny i.i n<.t ciihttncp tlmt fliirli is the idea denomination. I do not suppose that such is the idea intended to he conveyed by the present use of the elaose, Ic.tl. < t from the orgomerl used, that the ontli requited to he luken is sueli as to produce nruplet tjcm rirnct, « lire'll i he rt ligious sense ol tlie indiriduals lit the lint m’iII not allow them to disregnrd. I am sor ry for it, hot they know what lltry cm do, they can h ave the country, especially loo ns it does not belong to litem, und ns they have been living there by the gruciouf favor of the state to whom It rightfully he- l-uigs. There can he no scruples against such a course as tins, unless indeed ilu-y should be of that character which makes a man unhappy at the performance of duty. Hut it is my opinion we should be very cautious bow we let religion intcifeie with the civil rule of Die leaves its proper sphere and gets to reaching out its feelers after civil |>owcr, it ought to be driven back with the same alarm and despatch that is employed to chain a furious beast that lias broken from its confine ment. There is scarcely a law against which similar objections might not be raised. We have a statue that rniikcs it criminal to bunt or fish on the Sabbath, and this portly because it is the I.oidsd&y* Now to those whose Sabbath is cliff* rent, and those whose religious opinir iis claim the right to disregard oil Sabbaths, it might be urged by them, with the same propriety con tended for at bar, thut they have great scruples of con sc ience in obeying such a law. But the same onswc remains tor all sueli, if rou cun not, for conscience sake, live m n society which has parsed sueli laws us it con- ives most conducive to its. well being, go where you rtCUHH BMUII lit*. t<> any authorised agent or agents of the government ot the L’nited Slatik.**-- ’"'■— . . e 1. I am proud of the present occasion to testily my hearty respect for the Fede ral Constitution, and I am willing to declare that the truly consistent advocate ot state rights, ought alwoys to have an equal zeal lor the support of the Federal Constitution, because they are both governments of his ow n choice. That instrument declares that “ Congress shall have power to establish post offices and port roads,” therefore tli« appointment of this individual is clearly within the right of the Ge- The Cherokee Question.—We take pleasure w b^, able this week to confirm the information contained iq our postscript of the last, that " the application f or injunction, on the part of the Cherokee Nation, tosuy certain proceedings of the State of Georgia,” has bo t -n dismissed. The decision has not yet been published. Of its pteetse character there zeems to be different opinions, even among those who heard it delivered. Al though the application for an injunction was refused, u is thought by tome that an intimation given by the Chief Justice, that there ia n mode by which any whole community to give up their conscience to ap pease yours. But another idea is suggested and relied upon, con- nee ted with the foregoing, that the oath required is a It cannot he believed for a moment, that tho conven- i test oath, and though nut actually tiniupling upon the lion intended hy this clause to take away from the Constitution, it ho treads upon its heels as to give it states, tiie right to execute by force, their municipal re-1 great inquietude. It is snid to be eontiory to the in- nutations. The moral powers of a government would liercnt rights of man, and English law is quoted to be perfectly useless, if they could not employ their pby-prove its illegallity. It is urged that no man ought to sicul energies to carry them into effect, and these must be required to sw ear to support the “ laws of a slate be exerted exactly in proportion to the degree of rcsis- * t«nre to the public authority. .Slight resistance will require the application of only slight force, or just en ough to overcome it, and this will be found in all the -atied degrees of opposition to the laws, from the refu sal to pay a simple debt, up to the most nngry state of insurrection, and the corresponding application of force, from the arm of u Countable to the w bole artille ry of the government. Hence, dll those guaidsfor the protection of Jailp, Penitentiaries, Citirs, and many other objects not now necessary to lie mentioned. Hence the putrolof the southern slates. These may with the same propriety he culled Iroopsof war, or la ther for the purposes of war, ns the guard designated to protect the gold mines. Thin is public property and can nt the diperctmti ofthe stnte, U*’ guarded and pro tected, up well ns nny other property. Whut is the difference between a treasure in the Cherokee Nat and one in the state-house? A Captain and "guard for the last thirty years have been kept to secure the pub lie moriies in the treasury, ar.d no one has ever sus peeled for a inomrut, that they were such troops, iii time of peace, ns were forbidden by the federal confu tation. dtli ” The right ofthe people to he secure in their persons, houses, papers nnd effects, against unreason able searches and seizures, shall not he violated, and no warrants shall issue, but upon probable cause, sup ported hv oath orufii tunrion, and particularly deserilr- in0 the pine*’ to he searched, and the persons or things to b*: seized.” This clause is said to he violated hy seizing these persons w ithout n warrant, without oath, and wit bout the usual regular process for arresting oflendors against the laws of the hnd. This is nn amendment of the Constitution, and one of tiie ofinpriogs of that jeulou* fear entertained by the states, o| the powers ol the tc* dnrol government, nod i? was designed to protect tb citizens from a speeii-s of star chamber oppression w hich in England, had proved fatal to many a true friend of liberty. Dluel stone Fay?, “ a practice hud obtained in the Si eretarj's office ever since the resto ration, grounded on some clauses in the nets, for regu lating the press, of issuing genera! warrants to take up (without naming nny person in pnrtiiulnr) the authors, printers, and publishers of sueli obscene or seditious libels, as were particularly specified in'.lie warrant. When tlimc acts expired in 1(1114, the same pmctiei was inadvertently continued in every reign, nnd under every administration, except tlm four last years of Queen Anne, down to the year 1763; when such a warrant being issued to apprehend nntltors, printers and publishers of a certain seditious libel, its validity was disputed; nnd the warrant was adjudged by tlio w hole Court of Kings bench to he void, in the ease of Mancy r*. Leach. After which, the issuing of such gr- neral warrants was decdared illegal hy a vote of the house of commons.” To prevent the issuing of these general warrants, so obnoxious to the liberty of the Press, the great safe guard of the liberties ol the peo- plo was the sole object of the clause in question They Imve now ceased in England, but it was thought advisable to guard against the recurrence of them in a government which had so much to expect from the frerdotn of the press. It has not disturbed, cither in F.ngluml or this stale, the usual common low manner of arrest, w hich in general may be made four ways, I. Ily warrant. 2. By an officer without w arrant. 3. By a private person also, without a warrant. 4. By hue and cry. To these modes of arrest, being nothing but the creatures of the law, it will not be denied that the Legislature may supei add any other method they may think proper. If they can authorise n Sheriff, Consta ble, or even a private person to arrest, wlint is to bin der them from conferring the same power upon a guard. They require the guard to bring them before the civil authority, and the act ofthe Legislature is their war rant for that purpose. A Constable does no more by virtue of n Magistrate's w arrant. He often has his tire arms to effect his purpose, and where i* the difference in principle between one armed man, with the power to summon as many to bis aid as lie pleases, in arresting nn offender, nnd twenty armed mi n clothed w ilh au thority to do the same thing. Besides, the state is not without example on this subject, when the Cherokee Notion was under the control of the General Govern ment, they had n much more rigorous law ngainst white men, than llic one which the slate has passed ■in«r she liastnkcn the management ofthe Nation,and which is so grievously complained of. The intercourse law subjected a white man to severe fine and impris onment, if he even put his font into the nation, nnd tl at but fora moment. And often has poor men, ig norant of the law, been dragged from the frontiers to Savannah, nnd there fined and imprisoned, for no oth er offence than the one strove mentioned llow often have white men on the line separating die nation ftotu the white settlements, had their houses demolished, their fields laid waste, and themselves imprisoned for no oilier otietice than residing in this selfsame nation, that Georgia is now legally attempting to regulate. If the general government could do it, in the nam* of eve ry thing diut is consistent, what hinders Grmgia from excrci/mg precisely the same power, now that it is ac knowledged by the Presklent himself, we have a right to do it. When the Federal troops, bv virtue of the iiilereotirae art, arrested white men in die nation, and carried them before the civil authority to lie dealt w ith as that law directed, who ever dreamed that it violated iheclnuso of the constitution, now said to be assailed? Thai clause docs not declare that no offender shall be arrested without warrant supported by oath, &e. but that if that method of arrest shall be pursued, no war rant shall issue, but upon probable cause, supported bv oath, particularly describing the place to be seaiehed, and die person to be seized. The object is too plain to be misconceived. We have now gone tlirough the objections arising under the Federal Constitution, we will next consult:: those which spring from the atate Constitution. I •* No prison shall be denied the enjoyment of any eivil right, merely on account of hit religious prin ciples/* ' and uprightly to demean himself M a citizen thereof, whatever may he required ns to his support of the Con st it ut inn, ond that this oath is not general, and token by all the citizens of the stale, and that therefore it is a test oath, and odious in the extreme. Oaths hove been required in all age-, nnd have been considered as com ing more strongly in aid of the civil authority in effect ing the great ct.ds of government, than perhaps any one agent employed for that purpose. The oath of fealty, homage umi allegiance are familiar to every man of reading. Oaths of office are almost innumerable. Oaths of witnesses ond affiants ore forever recurring. Now if a new oath required falls w ithin nny of these classes, how can it be objected to? For instance if it is an oath of al'rgianrc, or in the nature of it, who con refuse to take it, without incurring the suspicion that lie is secretly inimical to the government It is net a partial oath, it is a general one, and intended for every man who places himself in n certain situation justly subjecting him to the suspicion of infidelity to his country. What is the plain state of the case? Let us be honest in the answer to this attrition. ^ The Che rokee Indians, within the acknow ledged limils ofGcor gin, have set up a government of their own, declared themselves fiee nnd independent, and for fear the thrice boasted declaration of it would not he enough, they have determined to give us other more convincing pi oofs, and consequently our citizens residing out ofthe nation have been drugged before their Courts, held in the woods, upon the most summary notice, without preparation, nny, without n knowledge of their lan guage, and aftei a mock trial, they have been stripped und suspended, ond then scourged in the most inhu man manner. Georgia has determined that this stale of things : hall not exist, that the Indians *>!iall cou.t; under our laws, and that our ritizena shall not be sub jected to their savage code. This has produced a most unusual excitement every where, nnd the most obeli nate und undutiful conduct in the Indians. In this course they arc ncrlinaciouely enconiaged m ond cut of the nation. | Now, surely Georgia baa u right to say to such white men as wish to reside in the nation,you pair of the state'os any other, and/ if it would bbfawful to appoint a post master for LavvroflcevilJe, it w ould be equally fo to appoint one for any part of the Nation. We certainly have the right to. draw this conclusion from the furt*, that it is not considered * foreign nation by the general government, unices, indeed, there ia some treaty that obliges them to furnish poiJl mastersfor that unfortunate race. 2. The missionary character has not so hij/h a claim for lusdischarge, he properly falls within tlm prevision ofthe act. The law prescribes no limits to the offfncies to be protected, it is mdifmite and extends thecxwnp- tion to any authorised agent of the general government. It ia not for the Court to prefix boundaries to Hie will ,J f the Legislature, it has thought proper not to do so, and of course it would be highly improper for me to do it. All that remains for inc is to enquire not into the kind of agency, but is lie an agent ? and is he an *• au thorised ogent” of the general government? If he is, he comes within the saving of the statute. I wish it, however, distinctly understood, that this individual owes his dischnige to the courtesy which the slate has manifested to the general government by excluding its ogents from the operation of the law.—— The general government has no more right to send missionaries into the. Nation nnd quarter them there, thnn they have to fix them upon nny other part ofthe state. It is said thut the agents intended by tho law, were the Indian agents sent to the Nation to carry into effect the intercourse law. This docs not appear, und the expression is too broad to net upon such a suggea tion. ? Besides, Indian agents have now no more con- Htitutionnrprivileges in the Nation, since Georgia has taken it into her own hands, than missionary or any o her ngenfsf and this has been frequently staled by the President, and lately confirmed by a special com inuiiieation to the Senate ofthe United Stated. * Let the two missibnnrics (one of them being a post master) be discharged, nnd let the other four peroons be bound over to answer to the misdemeanor charged against them, they having exhibited no excuse. ) A. S. CLAYTON. Georgia may well say. this is our jurisdiction, and when the Indians leave it, it is our land; it is ours now, only subject to the occupancy of the Indians. At least, you have no rights there. 'l»ut as you have hurncs and connexions in that country, wc me w illing you should remain. All we nsk of viiu is not to aid nnd counte nance the Indians in I heir rebellious conduct towards the public authority of the State. This you run do, by inking an outli which wc require of oil prisons w ho do not bald under our permission. Like the power which the general government was wont to exercise, when it controlled that territory, wc Imve the same right to ojder you away, cut dow n your corn, and burn down your houses; but this we do not wish—wc aic disposed to be more lenient tow ards y-.u—leave the nation or give us proof of y our fidelity! What is there uimnsoiiuble in this? Again, may not this be aualo- gijtoii to an oath of offiro ? What is #ir language of such an oath? The government requires good b* ha- viour ofthe effieer, tlmi he will suppr the laws nnd demean himself as an iioncat, upright i.ffiei r- take the oath nnd take the office; hut ifyou leave !hr oath, leave the office. W hat says the oalii before us? Take the onth and live iti the nation ; but if you reject the outli, leave the nation. D ia said in argument, that all oaths are for the beni fit ofthe person required to take them, and that this is n proper test of their legahly. Without admitting the correctness of this position in thegener al, it may be safely grant'd in the ease before us, and we think that a snug, profitable residence upon luud tlmt does not belong to the person who occupies it, is a vcjv fitir equivalent fo; the simple oath of allegiance. But there are some oaths, and one in partk ulnr, which every man in tin state has to take,and which promises him but a very remote, if any benefit at all, und which in many eases might justly alarm bit conscience. I no an tiie tux oath. Now this oath shows that the state has the power to impose oaths on every citizen in the ftate, whether lie holds office or not, and the only reason w hy tl.< oath of allegiance is not required from every man, is on account of its inc< nvcnicnce. It is believed that the attachment ofthe people to their gov cnimcnt, is strong enough to bind tnem to their duty; anu thut the trouble and expense of administering tlmt oath, is not jti9tifi< d hy any present suspicions of their infidelity ; but this does not preclude the right to im pose that oath, whenever in the discretion of the Legis lature, nn occasion either in whole or part, calls for the exercise of the right. Hence,when private individuals rise to public trusts, they meet the oath of allegiance, demanding security for the faithful disc harge of duty, and the defence ol the law s. A Iso they may require it under any other cmeigcncy, where a well grounded apprehension may die lute the necessity for ita aid. 1 Under all the foregoing views of the subject, I am of the opinion that the law ia perfectly constitutional, and tlmt its provisions must he carried into efftciA Buf there in one provision in it which two of the individuals in custody serin.for rrasonsbest known to tin mst-lves, to Imve over, ooked, und which w ill discharge them from their present arrest, if I have been correctly informed ns to the facts. Both, of thwa-arc Missionaries, ond one of tin m n Post Master. In the firsicTiaracicr they are there with thd consent ofthe general government, and ns its agents are in the nat.on for the purpose of civilizing ond ohrMianizinglhc Indian?,and at- evidence of their being government agents, they Imve the dis bursement of large sum* of public money for the afore said object* It is hot for mo to say what kind of temper that must he, or what the character of that spirit is, which ncclioet the benefit of % law because Inal law cannot be set aside altogether. Whether it proceeds from religious scruples, or a more wayward pension, I shall not pretend to say; but ibis much I will assert, that | respect too much my own oath, and lie character of the state, to inflict" penalties imau- lioris'd by law, merely to indulge individual*' m th» fimci'ul idea that they sre suffering a species of inartvr tom. They nmst be discharged soon ilia follow ing neral government, ond lie would have been discharged f r j n » emen t of the rights of individual Chcrokces to th& Hill,...,t the Provision .lK.vo referred to. Itbe gulran , e cd to them, m.y be broutjht before the inconsistent to contend for a contrary uocinne, ior t. ... ... . , „ Ucorcia nrpns that the Chcroker nation is a> muchi a Supreme Court for adjudication, uaia trick," on the .ici. not;p art 0 fti,at Court, to induce the Indiana to bring sna in another form; and that it « a« probable they would speedily take advantage of it, thereby eauainjtu trou ble a little longer, and adding to their unhappincis, h, protracting the period of their departure, others, and those well informed, think differently. Wc are not aware that the right of occupancy of any Clirrokee has been infringed— we do not believe it ia conlimpltlti —therefore, wchane no nnticipationa that another anil tvill be instituted. In the decision of the case, Judges Baldwin, John son and McLean agreed with the Chief Justice; Jadg c , .Story and Thompaon were not present, but it is suj th.-y dissented on every point. Judge Duvali was a h- nent during the whale of the trial. The follow ing letter waa received in town afewdays sinew fro*i one of our delegation in Congress, and gi»n particulars ns far as we have learned. With the sent!- inenls it com'ains w e heartily concur, and so, wc ht- lievc will most ofthe citizens of Georgia. Although firm and unAoviating in enforcing our rights, it is t, he hoped that Jio threats, or lennti, from whatever source they may £omc r will drive ns into any hasty measures. Hall of the Supreme Count. I Washington, .March 18, 1831. j “ Mv Dear Sin, “ Chief Justice Marshall Jins just deliverer! the opinion of u majority of the Court, upoi/ the application for nn injunction in behall of tiie Chcrokct's, declining jurisdiction, on tlic ground that the Indian tribes nro not foreign slates, within tho true meaning of the Consti. lution, hut dependant domestic nations, under tiro protection of und in a state of pupilage to the United Slates; nnd consequtnlly, though the defendant, (lie State of Georgia, might be sued in that Court, the compluinants could not sue. “ The Court likewise suggested (hat mosl of the points presented by the hill, were rather of a political than judicial character, and there* fore for decision elsewhere; but a majority of the judges considering the other objection de cisive, preferred putting the decision upon that. It was likewise intimated that the rights of in dividual Indians to Ihoir lands, or the general occupancy of the tribe as secured by treaty, might present a ettse of interruplur of which tho Court would feel hound to take cogni zance. 1 do not profess to give you the words of the derision, nor even its suhstnneo exactly, having merely heard it read ; but I believo you have its spirit. “ There was much difference of opinion; Mr. Just. Story and Mr. Just. Thompson dis sented. Mr. Just. Johnson and Mr. Justice Baldwin delivered scparcto opinions. The latter docs not regard tho Indian tribes os States nr Nations at all. “ Permit mo to express n hope that our countrymen will make u wiso and moderate use ol this victory. In a short time it ia obvi ous that the mass of the tribe will emigrate, and in doing so I Imve no doubt they will con sult their own happiness. Some whites and naif breeds may remain on reservations, and our policy should be liberal in that respect.— They too, or their descendants, will either fol low the rest, or become incorporated into the mass of our population. “Any premutuie ond violent attempt to pre cipitate matters try disturbing the occupancy of these people, vvithout extinguishing their pos sessory title, must be attended with conse quences which every patriot cannot but de plore. Most earnestly do 1 hope that all the influence of yourself nnd your Iricnds, will be exerted in favor of moderate councils.” A thens ilpril 5, 1831. Of the inrnihcrs ofthe Board ofTrii.Iccs which were to have met verterdoy, fourteen only were present, viz: Messrs. Clayton, Jackson, Nisbet, Tinsley and Thomas of this place, nnd Ins F.xccllcncy Governor Gilmer, the lion. Wilson I.nmpUin, and Messrs. Ca mtk, Cobb, King, Murray, Reese, Schley,and Williams from abroad. It is expected a quorum will be made to day. Total of Gainesville, Hall Counttf.—Among the numerous flourishing villages ihnl have, within the Inst few years, sprung up in differ ent parts of Georgia, wc know of none pos scssing greater advantages to the capitalist, or must choose sides; if for the Indians, leave the na'inn.v more deserving of notice for the enterprise of Iffor its, lake ths oath and you are welcome to remain J j, g i n | lu l,Hants, than Gainesville. It is sit a- led in the immediate neighborhood of the rich gold mines which aro found in the western purl of the Slate, and from its invigorating and salubrious atmosphere, is u desirable summer retreat for the invalid or the votary of per-ou al comfort. But a fuw years ago it was a wilderness, tenanted only by the savage sons of Ihc forest; now it is inhabited by civilized men, engaged in tho various employments of useful life, und possessing all the ronvcnicn. cies, luxuries and refinement of n town, des* lined, at a day not far distant, to rival in mag* nitude many of tho older and more populous. A friend has furnished us with the following statistics of the town : Gainesville conlnins nine or ten slorcs, ono of which is established for ihc special accommodation of that class of nur citizens deptived hy Legislative cnaclmciit oftiicir rights, usunlly called “ Gold Diggers.” At these stores were bought not less than S65.000 worth of gold within the last twelve months ; and $120,800 passed through the hands of the merchants in tho same period. It contains one Tinner’s shop,several Cabinet work shops, threo taverns, &c. &c. The building of three Churches has also been com menced, and ono of them is nearly completed. A new Court House and Jail aro in contem plation, nnd in tho course of the present year an extensive Colton Factory will he com menced. Partly within the limits of the town is a val uable gold mine—in fact, gold is to be found on nearly all the lands in the vicinity. Suita ble machinery is shortly to he creeled for grinding und collecting the precious metal, lit consequence of this fact, nnd as Gainesville is a central point in the gold region, our cor respondent suggests the propriety of Rome one of our Banks establishing n branch there, ond hy that means preventing so groat an exports- tion of mineral wca'ih. He informs its that many thousand dollars worth of gold have been taken from there to other States, for no other reason than Ihc want of paper or silver lo ptirehusc it. AVc arc also happy lo learn, that with the march nt population nnd intelligenrp, the peo ple of Hall eoiutly display on increasing inter est on all matters connected with the public good, and manifest inurh public spirit. The proceedings in the lato Legislature, nnd espe- cinjiy the course pursued bv their own mem bers, has raused them to pay more attention lo the affairs of government Ilian Inrmerly ; they have studied more closely into their po litical rights, and their privileges as citizens ; and in proportion as they have investigated the subject, they find them, as they believe, to have been infringed. Ttiry have hegno to talk loudly of “ reform,” and it is confidently expected that they vill effect it. .Veto Hampshire.—The recent elections in this Siatc have resulted in the election uf Gen. Samuel Dinsmoot for Governor; John Brodhc ad, Joseph Hammons, Joseph M. Harper, Tlioiiiat Chandler, Henry Hubbard, and John W. Wcrka, Representatives in Congress- all decidedly in favor of the present National Adminis tration. Both branches of the State Le gislature also exhibit handsome Jackson majorities. Extensive Robbery.—Wc Imve seldom had occasion to notice a robbery more extensive, than one which look place in the city of New York between tho even ing of tho 19lh, and the morning of the 31st March. On Monday morning, the Slat, the firat teller of the City Rank, on unlocking the vault to take out the ne- ccasary money for the day, diacovered that it had been entered; and on examination it vraa ascertained that upw ards of tiro hundred and twelve thousand dollars had been taken away, mostly in bills of tlmt city. It is supposed to have been entered by means of false keys. A reward of SJOOO was offered for their detection, and active search made in every direction, but so far with out success. An unsuccessful effort to enter another Banking-House in Wall-strcet, hod been made a few evenings previous, by means of false keya, but the vil lains were unable to penetrate farther than to the door of the vault which contained the money. COMMUNICATED. Mr. Editor.—I would, through the medium of you: columns, inform theofiicera ofthe Village, that a stricl execution of the law which forbids shooting within the prescribed limits, is very necessary Tlio citiien.- themselves can, upon a moment’s reflection, readily perceive the danger likely to result from the discharge •>f fire arms along the streets. 1 waa infonnet tlmt the other day. a rifle was discharged in eonj* P*' 1 ofthe town, end that tho hall poised by acveral dwell ings, and finally lodged in the pelings near the ptans of one ot the houses; an individual waa tilting in In* piazza when the ball passed: it came ao near that bo •icird the noise, and immediately discovered where it had stopped. Other hills fell near the seme piece, but e odd not lie discovered. No doubt but thet this ws» Asw hv emne persona who wereepgtged in innoeet^
