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* * i C/f* JOHN G. POLHILtj EDITOR. HILLEDGEVaL^ GEORGIA, SATURDAY, NOVEMBER 13, 1830. VOLUME 1, SUMMER 10. THB FfiDBRAI* UlflOW Is publisher every al p uiLARS P 4 * a «- luni. hi advance, or Focr if no! pawl before ihc end of the reir.’ The Oifiee id on Waynt-Street, opposite Me-. jombs' Tavern. •» All Adyurtisamejits published at the usual rates. Each Citation by liie Clerks of the Court- of Or dinary that application has been made for Letters of Ad- ministration, must be published Thirty data at I»:ast. Nobce by Executors and Ailmiii*strntors ior Debtors an-i Creditors to render in their uccounts mast be publish ed Six wekss. Sates of ii-sTroos by Executors and Administrators liuist Vc advertised SixvT days before the day ot'salo. Sales of personal properly (except negroes) of testate and intestate estates by Executors and Administrators, roust he advertised Fortt days. Applications by Executors, Administrators and Guar dian r to the court of ordinary lor leave to sell Land must be published Focr months. Appiientions bv Executors and Administrators for Let ters Disiriissory. must be published Sr* months Applications tor far* closure of Mortgages cn real Es tate must be advertised once a Mouth (or Six months. Sales of real estate by Executors, Administrators and G iunlians must be published-Sixty days beibre tb* day of sale. These sales must l> ! ’ mtule at the cour'-hoXisi tijor bet veen the hours of 10 in the morning and four in the afternoon. No sale from day to day is valid, unless go expressed in the advertisement. Orders of Courtof Ordinary, (acc inypaiiisd with a copy Of uhe bond, or agiecmeu-) to make tides to Land, tausl be advertised Three months at leush Sherilf’s sales ua> - ■ executions regularly granted by the courts, tnastbe advertised Thirty days. Sheri tf's -.ales under rnot'g v. e exceptrons must bead, verlis.d Sixty days I*: loro tiie day of sale. Sheriff's s i!v- of peri-diablc. projwiTv under order"of Court must be advertised ffelierally ’! En pat# AM t*R"Jjks for AdvtrUscaiciUs will be punctually at tended !:>. %* All Loiters.directed to tiie office; or the Editor must he. oust na>d to entitle them to attention. - ■ .. — . . i ■ 'n. I enclose herewith a copy of ft note just re-1 ' *• \ DEPARTMENT OF War; ) ocived from John Lowrey, informing tnc thn' J$f. June, IS.JO. J he has come into the nation agreeably to ?b< Sir—I have deferred makiqg any formal comtminicatioti to desire of the Honorable Secretary pf War. tu u on affairs, desirjpgjo see the final decision which explain by lair arnumenis thi-viewii ot tti.^i jj given by Congress upon questions no interesting— General Government tenon! llns nation, and Questions 8 which importantto the people of this cotinfry, requesting me to “commuoicHte his intentions to ihe proper authorities of the nation” and to let him know what lime it will bn most con venient for them to hear him. It is proper ! should stale for your information that Mr. Low- rey has not as yet exhibited before me any ev idence ofbis authority to speak in behalf of the General Government' The subject is submit ted for vour consideration. Very respectfully, 1 am &c. JNO. ROSS. New Echota, 19th October, 1830. Echota, 19th October, 1830 Sir—Bv n request of tbe.Honoruhle the Se er, lary of War, dated Frankiv- 1st Sept. 1830 — I was desired to come into your Nation, and i by fair Argument, explain to your people the views of the government toward th m. I <fn now hero lof lha! purpose, and hope you will communicate uiv intentions to the proper au- thoriiies of vojir nation, and let me know at what t;me it will be most convenient for them «o hear me. Most respectfully vour ob’t serv’t. JOHN LOW RE Y. Mr. John Ross Principal Cniel, &c. I ft We are requested to say, that To the Committee and Council. 1 submit herewith a paper containing certain propositions from Mu. John Lowrey, special Mr.* LHAtiLffis D. HAMMOND, | ageut of the United Stales, intended bv him s " 1>arM, “ :ille lor *• fbe jur your-consideration. Very respectfully yourob’t. serv’t. JNO. ROSS. is a canuuiiiie OtTice i f Receiver of Ta-x Rytucr.s, for' tbe Baldwin, ai lbe next eU otiorj. Oct. ) 5. Lounty- of 15 \ E *re nMttio.ised to announce KARA DELL P. S'fUhBS, F-q. as a caajdtfljle for Tax Collector for Baldivin county, at ti.c Election in January mxt. October SO 1? '» New Echota, 20th Oct. 1830 The United.States m order th avert the e- vi.s ami unhappy difficulties winch now exist and are likely to continue, between the Chero kee Indians, east of die Mississippi and the -urroundriig Slates, ami with a view to pro mote tiie peace* and happiness ofall concern ed. propose to enter into a compact or treaij Wteum OCTORS John M. McAfee and James fi. Underwood, bate assoriatet! tin m in the FRAOTICE of rtiYMG, r.net it.-, collateral brandies, Su-gcry, MidHifciy. ji j, t j ie Cherokee ludians on the following ! Ii-rins. (to wit.) ljS ; AF22S St U’M’SBR’vVOOI*, j Tiie Umted States propose to give to One of an mi will u- tueiui ready ai ..si times to attend to | j jioni a country West of the Mtssissipf i, and wbhotit the limits of any of the States or ter- til ones ol the Unitetl States which shall bt* i-quai in value to tiie coiiotry thoy leave. iiiiv j»Aift:>si',iul cairs, . Tlu-ir mileage or. u'her cijargi s will >e hkkUmtIc, as tiou-s a'-e bur . They bojic fV'.iHi i «unr«v>iit:ipg uurfitiim to the iHilics of thi’ir i>roicM>ion. to j tnonl ;u;ii r> >:eiie a ulur.il c .!uir«: of I lie j».ubliC ptlron :g<-. N. la.—• J iii y ’..ill Practice iu the t'iicniio-t Natmc uben culled da. fvicAF i?E J & f -DIJR 1 * 001). GuiiiC.sii.-lc, Hutieouriiy, viay i, lfcJO 225—tf INDIAN AFFAIRS. From the Citerokcc Phtenix, of October 23 To <he Committee arid JVutionnl Council of the Ch-rokoe fsuiiou nozc in session Gv*nl|cm-„-n-—On to-morrow (uic l-9lh) :n the .ikemooti, 1 request a meeiiog with the Chiels and Councillors of vour Nation. ;>t such bpfictt as may be selected by you tor that pur- tose, that l may have an opportunity ofex- i!.iio>ngt® you the obj- ct ct n*y mission into r vow country. Respectfully, JOHN LOVViiEY. New Echota, 29th October, 1330. Col John Lowrey, Sir—Your uotc ofyesterdf»- duly receiv 1 by the Committee and Council in Genera! Jouricil cenveoed, and / am instructed to sav lat.thev will at any tune he ready to receive |;ny coairnunuralion, on the subject of your mission, addressed to them through John Ross principal Chief ot lids nation, and afford to • vou an opportunity of making verbal explan- j l ees as ma ? he deemed worthy ol the trust, for atrons thereon, in joint Committee of the j {l * e promotion of education in the new country, whole (at Council) when most convenient to yourself. • I have the honor to h? vour ob’t serv’t. . JOHN RIDGE, Prust. Committee. New Echota, 25tl» October, 1830 Gentlemen—Your dote of the 19th mst- is been duly received iu which you require exhibition of my authority—in answer l<> lich request", 1 would beg leave to say that have heretofore notified the principal Ciiiel " my appointment the date thereof, and from jhence it emanated.. I had .dvvays tel ended id yet intend to exhibit it to the Council nt ie commencement of our interview,.but be- ive it to be unprectdsuied iu diplomatic con Ifrns to forward it to you by way ofcommu- and particularly so to the Indian themselves. Whatever ar gument and fancy may suggest, it is undeniably true, that to remove from their present homes, affords the only hope for their preservation and happiness. Owners in fee of the coun try, they will then begin to look for an ownership of the .soil in severalty—to the extension ol agricultural habits, and to the improvement of their farms. Their wandering habits may, after a time, be thus corrected, and their attention turn ed to industry and domestic pursuits. I have little doubt that these people now, when their expectations o! an interference on the part of Congress has failed, will waken to a sense of their condition and true interest, And to a knowledge, that their utter and entire extinction as a people, must be the conse quence of remaining at their present homes. Pending the examination of these questions before Congress, the sugges tion has been frequently, made, that the Indians, if placed in the W est, may again be subject to intrusions and interruptions. Thisjs assuming too much, and more I should fain hope, than the good faith of this Government will ever authorise to be conjectured. . This unfortunate race of people have strong claims to our justice, and to our sympathies, and should be protected from all interruption after they shall reach their new homes. If Congress shall do no more in legLlatiug for them, thev will doubtless place at the disposal of tbe Executive, au thority sufficient to prevent the white people from ever inter fering with, or intruding upon their soil and their rights.— This can be done, and this I have no hesitation in believing will be done. If so,-a state of things more propitious to our red friends will be produced, than has been witnessed at any former period of their history. On power and their strength in battle, they can no longer attempt tu rely—It is a dre am of years goue by,, and in which there is no. longer a confidence reposed even by themselves. Their only reliance for the fu ture against those imputations upon the faith of the Govern?- ment which are so gratuitously made, must be on the magna nimity and Ingii sense ol justice which prevail with the peo ple and authorities of this country in their favor, and in this confidence they should not and will not be disappointed The bill which has recently passed, is ah augury of this, and cannot fail to satisfy all who Will dispassionately lock to ils pro visions. No rash or compulsory course is directed—The Ex ecutive desired nothing such, but preferred rather to have.their action to be regulated by a free exercise cf their Judgment and reason. In the progress of this business, here many dif ficulties were present- 1 on the ground of the right asserted by Georgia to extend her laws over the Indian country. Upon this subject you are already informed of the opinions which are entertained by the President, and of the distinctions which have been taken. The right to regulate the internal policy of a State, has not been confided to the General Government, and of course in collision thence arising, it Cannot inter]ere— To that extent, however* of executing the provisions of the act of 1802, and restraining intruders and trespassers from the soil and co'untry Of the Indians, theTresident will act.— He indulges a hope, that you will lend whatever facilities may be in your power to restrain the citizens of Georgia from 2.1 They farther propose to allow to each /Mol overv warrior ami widow, residing within tl.e States ot Alabama aud Tennessee, (and al* ■•a Georgia provided her consent can be ob tained, and which we have strong assurances <"an he,) a reservation of two hundred acres, u hich liicy may occupy as long a-> they choose, and when they choose to leave it, the L-nited States Will pay them a fair price in cash for it 31. Thev propose to allow to each and every i"d vidual who may choose to become citizens, i r *i i „ «*" UBitot Slaies, a,Mi who have arr.Vc.t | P as6m S in«o, and settling upon the lamU of these people.— io Mich a state of improvoment, as wilt enable ilieni tu sustain tliemselves under the laws ol the Stales, a reservation in fee simple. <Uh They, do further agree to move those who may choose to emigrate, at the expense of the Government, ami to furnish (hem with provi-ions* one >ea| after they arrive at their new homes, and also to pay them for their stock (except horses) and other personal pro perty which they may not choose to take with ihem, thereby giving them a perfect choice, to go or stay, and in either event, to be provid ed for as above described. 5th. A libera! .school fund will also be ad ded, to be vested in the hands of such trus- that the rising generation may hereby be ena bled to improve in useful learning, together with such annuities as may be thought best suited to their rank and standing among tfie Soul hern Indian Nations, compared with those which have been afforded to others. JOHN LOWREY, Special Agent. New Echota, C. N., 21st Oct. 1830. Mr. Jno I^oss, Sir—The Committee and Council in Gene ral Council convent *. deem-it unnecessary to exhibit a tietailed statement of their objec tions to the propositions submitted through yon by (tie Special Agent of Government, Got John Lowrey. The Special Agent in hisre- ation. I should be very sorry our friendly marks was understood to say, that, whenever jerview should be clogged or impeded by «t telle, or uico distinctions—I wish it 'hasten* . Respect I uiiy vour obed’l serv’t. •JOHN LOWREY. he Committee and Council oj the Chero.\ee nation. New Lciiota, Oct. 201 h, 1830. Col. John Lowrey, Sir—Your note of this day is received, in swer to that of the General Council, of the thinsLriri which you say, we requested an hihition'of your authority by way ui continu ation. YVe have examined our note and tnd that you ar'e only required to communicate ith us through the Executive of this .nation any time most convenient to yourself. In is vve. did -nut ntend ‘‘to clog, embarrass or pede' by Etiquette or nice distinctions” the terview you requested and to which we have plied in the wanner stated, may not be improper to* inform you that e requested the Principal Chief t,o l-e satisti- of your official’character as a preliminary the interview* proposed ns’you unofiiciaily tied your name to the note addressed to the uuncil. It is our intention and wish to listen you id caiukr and communicate w::li you m "icudship, whenever you think best iu tla.- iode heretofore proposed JOHN RIDGE 1W4 Com. To Sli£ Com/niUeeand Council. tiie *St«le of Georgia thinks proper to enter the territories of this nation; and survey it, the President would not interfere or prevent her, .md that citizens of Georgia would then draw for the hind agreeable to their laws. In oth er words, they would take it by force, without any opposition.from the General Government. We have not sought the difficulties, the Spe cial Agent has euumerated in hold relief, nor are we prepared to run away from the trials that beset us, aud if any officers of the United States harbor the expectation of driving a bargain with us, by withdrawing the protec tion of the United States guaranteed to us by tj ’aty, we can only say that they have on ly to continue their policy, until it leads them to n point, beyond which it will be in vain to expert success; aud it is best known to them selves how fir they will go. Reservations in fee have been offered, to which weswy, we have no disposition to alfer the extent of our reservation as defined by for uier treaties—the limits of the whole Chero kee Nation. It is the desire of the Council, that the special Agent may receive this as an answer to his propositions submitted for our consideration. If it is thought expedient on your part to :‘<qdy moretully to the communication referred mO, the Council can have no objection. J< > IIN RI DOE, Pre-’i. Com. GOING SNaKE,. Spkr. Cocur | Our treatiesjind laws forbid this, and these he will consider it a duty faithfully to execute. Iii this Indian Bill which has been a subject of much ex citement, you will perceive nothing, I hope, calculated to ex cite fears tor, or sensibility towards the red men of the forests. It is not to give them a country to the West—Already under former treaties they have one, extensive, fertile;, and from all the accounts we have received, infinitely jnore desirable than the country they.possess within the States. 'About 6000 of the Cherokees, equal fully to a third of the entire numbers of the tribe, have already emigrated to their lands indite West, and are doing well. Portions of the’ Creek and Choctaw In dians, possessed also of lands there, have removed. The law contains a liberal [provision*] in favor ot those who, in pur suance of treaties, shall be willing to remove. Suppose as many honest and vveil meaning men desire, the hill had pot passed? Would it not have been a breach of that faith, W’hich promises to aid in their removal, and to support them for a year? I,t would have been a very insufficient and unsatisfacto ry answer, to a vpluhtafy application from the Indians, to have told them there was no moiiey whereby, the Government could comply with their promises. But in another essential point, the act of Congress holds out justice, not cruelty. It is known to all, that the red man’s title to lands, proceeds pot beyond the mere occupancy. Another and another succeeds, as the possessor leaves his soil and improvement; and even the tribe itself has title only vvhile it exists and continues to occu py the country. Something more pennanent and durable is now presented. The former savage tenure, for allodial right is exchanged, and the President authorised to give a grant to the country to endure while the tribe shall exist Yqu have been informed of the course taken by the Presi dent, upon the subject of the boundary, which is to he consid ered as having truly existed formerly be-ween the Cherokee and Creek ludians. General Coffee was instructed to pro ceed to the place and make .n examination. The report he has presented in relation to that boundary, fixing its beginning at the Shaljow Ford on the Chattahoochee, and running south westvvardly along a ridge, as is represented in the map which was sent to you, * has been confirmed, and will be considered the Southern boundary of the Cherokeea. In the month of April, notice was given, that if ihere.werc any Indians resi ding to the South of that line, tley would retire North* and within the limits of .the Nation. A corresponding order was issued, requiring that all intruders should depart from the In dian country. The reasons which led to this decision, res pecting the boundary of the Cherokees, have been heretofore partially adverted to. The Creeks were the- ancient and first settlers, while tbe coming of the Cherokees is matter of * recollection. Tradition reaches not to the time when the Creeks came into those regiobs. Their fable of history *«, that they sprung from the esirth. It was not until the year 1821, that the line of separation to the South between those tribes, was establisbed hy an agreement entered into by the tribes themselves. The question then for consideration, was, whether by the usage, laws, and Judicial decisions of the coun try, it was competent, for the Indians to arrange and define their boundaries, Whereby the one could , acquire title .to the sqii of another. Our laws prohibit such transfers to any, ex cept to the Government, or where tbe Government is a party to the transaction—aud this principle has been maintained tnd asserted to be correct by our highest judicial tribunals. The Cherokees consequently, could not purchase -from the Creeks, and hence the only matter fo^ investigation, was to ascertain, through'some competent and just examiner, where the line of separation Was correctly and properly to be fixed. Gen. Cof fee was sent upon this errand, and after diligent enquiry, has recommended its establishment as I have before stated, as rep resented upon the map sent te you, and that decision the Presi dent has approved. Upon the subject of Indian improvements abandoned, and wnich tbe Government has paid for, or -which being assessed by Commissioners it is liable to pay for, yoi are already in formed. These will be considered as not belonging any lon ger to the Cherokees; at least such of them as are within the limits of the State of Georgia. Very respectfully, ‘* > • J. H EATON. His Excellency George R. Gilmer, Governor of Goorgia. (From the Augusta Courier, November 4 ) To the Honorable the Senate and House of Representatives of the General Assembly, &c. THE PETITION Of tl-c undersigned Citizens of Augusta respectfully represents, That in the year 1814, by the concurrent Acts of the Legislature of South .Carolina and Georgia, rt Charter, with exclusive privileges, was granted to the then proprietors of the Bridge across the Savan nah River at Augusta, tiie terms of which charter will more fully ap pear to your honor-aide body by a reference thereto. Your petition ers further represent, that frotn the local situation of said Bridge, its proximity to the established market-house, and its relative position to all the approaches for produce from tbe State of South Carolina, there lias been no apprehension until recently, that any attempt Would ever be made by any portion of our citizens to prevent a .re- - newal of its Charter, and u continuation of its privileges. These rational cqnsiderations have continued to influence greatly the value of property in the jkwerend and, in fact, principal squares of the city—already greatly sacrificed by the erection of Hamburg—the repeated ravages of tire, and the strong rivalry and local advan tages of the West end of the town. Suffering under the pressure ef thise disadvantages, your petitioners have lately learned, with mnch surprise^ that a strong, though clearly a self-interested effort is to be madr- by a'small section of our city, to anticipate and prevent a re* newal Of Tbp chartered privileges of the present Bridge, and by the erection of a new one, to change Itie current of that portion of the produce of South Carolina, which has heretofore lent aid to the lower parts of ttie city.. f Youy petitioners have a confident hope, however, that it will only be necessary for your honorable body to examine and understand—to reject a measure, so unsound in principle, and partial and oppressive in operation. Your petitioners submit, ax political (ruths, admitting no exception, that the object of legislation is the good of the commwiity ; with such acts of individual and lo cal protection as ore not inconsistent with the general weal, and that every meaqs that can be constitutionally employed to attain these objects, fs a duty of government. But that on the other hand, every exercise of sovereign power tending (o legislate one portion of the community into prosperity at the expense of the oilier, or to build individual fortunes upon public ruin, is oppressive, unjust, and impolitic. ri«i legislation which disturbs established interests- to .create new ones, without a paramount public, benefit, is pernicious. The Charter of the present Bridge, it being in a central part of ihe city when established-~-whilst it benefi ted a whole community, inflicted injury on no one, A continuation of its Charier, whilst it would preserve the interests of every part of the city, as they are, would not depreciate the property or * violate the rights of a single individual. Whereas the measure in question, by its tendency to change Ihe locality and transfer tbe business of the cily. confers unexpected jortune on a small portion of the inhabitants, and injury, periiaps rum, on the rest> No complaints can reasonably he made against private speculation, based upon ’the ordinary course of events, uftr do your petitioners complain of the prosperity of thi ir fellow-citizens who have been enriched by the gradual improvement oi their property, or the success of their bnsiness in the West end of the city. Your petitioners, (for reasons already stated) would how- ever.xonsider it an unjust and unnecessary viol, nee to the settled in terests of the old parts of the-city,—and (as they'will presently shew) a suicidal sacrifice of the interests of the State, to lend the help ing arm of the Legislature to so many other independent advan tages. No injury can ever be done by withholding sectional ad van tages, based JUpoono previous calculations ; whereas much injury will usually result from unsettling rights, by which, established confi dence is defeated Your petitioners respectfully insist, that these general truths apply in full force to the measures under considera tion. The pretensions that the aggregate commerce of the State and City would be increased by a larger support from Carolina pro- •duce, however specious, are entirely fallacious These pri tensions are dissipated by a single reflection. No new route to any new sec tion of country is continued from the contemplated Bridge,—*tis on ly a new inlet to a different part of .the city, from a route already es tablished. The farmer, on delivery of bis produce to the currier, .usually fixestHe place of itfrdestination. Hamburg would have its accustomed support.. Fury’s Ferry would lose Hone of its custom,— while produce originally destined for Augusta, with many travellers and foot passengers would cross at the contemplated bridge, with the simple inducement of entering the'city a few hundred yards sooner. • These truths your petitioners conceive too plain for comment, too evident for demons' rt}tion. The advantages will be (as they are in tended by those who seek them) entirely local, their operation paitia’r— by obstructing a portion of the established patronage of a large part 6f the city, already much depressed; and transferring it to a now and rising section already in a flourishing condition. .Interested as the State evidently is in tbe aggregate prosperity of one of its principal cities, your petitioners feel authorised to suggest that, the tendency of the town to meet the approaches of produce, has already thrown it into a most incotivenitnt deformity ; greatly impair* b>g ail confidence in the settled value of real estate, and as a natur- . al consequence, in checking that spirit of substantial and regular im provement whipb so greatly contributes to the permanent prosperity of a* Commercial City. ’Tis unnecessary to add that these evils would be greatly aggravated, by the solicited interference of tbe Legislature. ' ‘ : Your petitioners however, beg leave further to add, that the con templated measure is not alone to be considered io reference- to its operation upon tbe sectional interests of our city, or iu its indirect operation as a* measure of state policy, but also, in reference to -is operation upon the rights of a popular and useful corporation of ex* tended interests, having in charge a large amount of the pecuniary, interests of the State. The Bank of Hie State of Georgia, in which the Stale is a targe stock holder, at an enormous,cost, has become ihe proprietor of the present Bridge, and apprehending no obstacle to a renewal pf its charter.and privileges, aH necessary expenditures have buenfreelj-hicnrrecF to keep tfie said 1 Bridge in a high state of pre servation and repair. ' The solicited-'grant of opposing privileges would, however, attack the interests in - his valuable property- four years in advance of the expiration of its privileges; a prematurity in legislation, your petitioners apprehend, without- precedent, and which would, they respectfully submit, amount to little less than.legis lative spoliat ion. Tour petitioners therefore humbly pray your hon orable body that no partial measures may be adopted; on the appli cation of any portion of onr fellow-citizens, that wOuM be followed by the evils we have attempted to demonstrate ; that the spirit of sectional rivalry already felt as injurious to our city, will not bo fed by legislative Sanction. And as the only meufts of strengthening