Newspaper Page Text
THE FEDERAL UNION.
'M
*
VOLUME 2—NO. 38.
IIILLLEDGEVILLE, GA. THURSDAY, MARCH 29. 1832.
WHOLE NUMBER 00.
EDITED by
J. G. POLHILL & 3. A. CUTTIBERT.
CENTRAL BANK OF GEORGIA, )
MiUedgeville, February 15tli, 1S32. )
THE UNION is i?hblishe«l every Thursday at THREE DOTT.ARS
per annum, in advance, or FOUR, if not paid before the end rf the '
year. Wayne HtTO,t.o^»osirc vlrCoinhs’ Tavern, j among rite several Counties ill this State in alphabetical
order.
a ".SOLVED, That a distribution of three hundred
thousand dollars be made on accommodation notes,
Alt AliyERTHE VfENTS published at the mini r -res.
N. B. Ta ‘ ■“
Each Cit ation hv the Cle .'lts of the Courts of Ordlnnr ■ that
• nuiicvtion has been mad* for Letters of Administration, must be
published THIRTY DA Ytf at least.
Notice bv Executors and Administrators fnr Debtors :uid Credi
tors to vender m their accounts, rfiust be published rilX WEEI S.
Sates of Neeroes by Executors and Administrators must l a ad
vertised .SIXTY lIAVS before the day of sale.
dales of personal pronerty (except negroes) of testate ntvl fntps-
tate estates bv Executors and Administrators, must be advertised
FORTY DAYS.
Apolications bv Executors. Administrators and Guardians to the
Court of ordinary for leave to sell Land, must be published Fut-rt
MONTHS.
Applications by Executors and Administrators for Letters Dismis-
aory. must be published SIX MoN I'HS.
Applications for Foreclosure of Mcrtsaeeson real estat® must be
ad vertised once a month for SIX MONTHS.
Sales of real estate by Executors, Administrators and Guardians,
Resolved, That on Thursday the 5th day of April
next, notes will be received for discount, from the coun
ties of Appling, B.iker, Baldwin, Bib!;, Bryan, Bullock,
Burke, Butts, Camden, Campbell, Carroll, Chatham,
Clark, Columbia, Coweta, Crawford, Decatur, DcKalb,
Dooly, Early, Ettingham, Elbert, and Emanuel.
On the l~2t.ll day of April next, notes will be received
from the counties of Fayette, Franklin, Glynn, Greene,
Gwinnett, Habersham, Hall, Hancock, Harris, Heard,
Henry, Houston, and Irwin.
On die 19th day of April next, notes will be received
from the counties of Jackson, Jasper, Jefferson, Jones,
must be published SIXTY DAY* before the day of sale. These Laurens, Lee, Liberty, Lincoln, Lowndes, Madison,
Sales must be m ule at the court house door between the hours of 10
In the moraine and ♦ fn tlie afternoon. No sale from day to day is
Valid, unless so expressed in the advertisement.
Orders of Court of Ordinary, (accompanied with a copy of the
Marion, McIntosh, and Meriwether.
< »n tne 26rh day of Aprii next, notes will be received
| from the counties of Monroe, Montgomery, Morgan
; on 't. or agreement) to make titles to land, must l>e advertised i Vluscoyee, Newton, Geiethorpe. Pike, Pulaski, Pntliam,
THREE MONTHS at least. Id i u i i i t> • u J J. - , . ’
^heriif’s Sales under executions regularly grTnte^l by tl*o courts, ndbun, Huiitiolpli, iiichinoiKj ? k.crivcilj Hlid
ftmot be advertised THIRTY DAYS-—under mortgageexecutions, ( On the 3d day of .May next, notes will be received
paid, to entitle them to attention.
LAW.
ravt
Chaiialioocliie Circuit anti in tlie counties of Craw
f d ami Up9on of the Flint Circuit. Business entrusted
to him will meet with prompt attention: his ad.V.ess is
'Talbotfon, Georgia.
March 22, 37—Cm
NOTICE#
T TE Citizens of Morgan county are respectfully no
tified that an Election will take place in Madison,
mi die first Monday in May next, for four Delegates to
represent Morgan conuty in aConvention to be held in
MiUedgeville, on the first Monday in June next, to re
duce the number of Senators and Represen arives in the
Legislature of the State of Georgia, in compliance with
■the recommendation of the Grand Jury at the last Teian
.of Morgan Court. The undersigned request the editors
of the Journal, Recorder, and Federal Union, to give the
.above notice an insertion weekly in their respective, pa
pers, until the first Monday in May next.
W. F. VRiiLandingham, M. W. Warren,
John Wingfield,
A. K. Leonard,
"W. J. Pearinan,
Sealvorn J. Johnson,
John W. Porte*’,
Nath an Aldridge,
Elijah E. Jones,
.Lewis Graves,
JDavid Irwin,
)l. A. Steele,
"William Porter,
March 22
Gilbert Wilson,
R'dvert R. Harden,
Nathaniel Allen,
J. J. Satfold,
William Hanson,
Joseph P. Pemck,
Jolm V.. Dawson,
John Robson,
I. * *c * * is L. Wit tick,
R. H. Randolph.
All notes must b? made payable at the Central Bank
of Georgia, have two or more good endorsers, and no
note will, on any account, be received after 1 o’clock, P.
M. of the days above specified.
New Certificates as heretofore prescribed, will be re?
qniretl in ail cases.
No note will he discounted, having on it the name of
any person indebted to the State either as Principal or
Security, which debt is due and unsettled, or w ho is eith
er the maker of, or indorser (Hi, any note heretofore dis
counted by the Bank, and which note is past due and un
attended to.
Persons wishing to offer notes from the counties of
Cherokee and Sumpter, must present them on the day
for receiving notes from the county to winch the place of
their residence w as attached in 1831.
Extract from ike Minutes,
HENRY W. MALONE, Cashier.
A. TABILIl
Shotting the While, Colored, and Representative
HEAD-QUARTERS, BA.
Milledgeville January 10/A, 1832.
T HE Review and Inspection of the Militia for the
year 1832, by Regiments and BaUallions, will com
mence on Monday the 2d day of April next. The Ge
nerals of Divisions will issue orders accordingly, and
beginning on that day, they will proceed with all the ce
lerity which may consist with tlie convenience of the
reviewing officers. , ; Tlie Aids of the Commander in
Chief will attend the Reviews and report directly to
Head Quarters.
Brigade Inspectors will, besides r—iking returns to
Division Inspectors, transmit copies to the Commander
in Chief. Precision and accuracy in the returns will be
required—Every act of disobedience and insubordination
marked and appropriately punished, and a regular De-
cipl»ne attempted with officers ami men. •
As t he Commander in Chief cannot, consistently with
his civil duties, attend the Reviews, it w ill be more in
cumbent on Gene>-als of Divisions and Brigades to look
to the execution of their orders in jierson, and this will
be expected.
By the Commander in Chief,
BTJ RTON HEPBURN, A id do Camp.
HEAD-QUARTERS, )
Third. Division, G. M. )
Milledgevili r, March 13th, 1832.
DIVISION, ORDERS.
DOMESTIC.
THE CHEROKEE CASE.
within their own territory; and, by which treaties
the whole of the territory bow occupied by the
Cherokee Nation, on the east, of the Mississippi
Opinion &f the Supreme Court, delivered by Mr. has been solemny guaranllfff hi Ifitlllf&ll of which
Chief Justice Marshall, January Term, 1832. treaties are existing treaties artbis day, and in full
— i force. By these treaties, and particularly by the
treaties of Hopewell and Hotston, the a .‘ores a id
Samuel A. Worcester vs. The State of Geor
gia . -
This cause, in every ^point of view in which it
can be placed, is of the deepest interest.
The defendant is a State, a member of the Un
ion, which has exercised the powers ol‘government
over a People who deny its jurisdiction, and are un
der the protection of the United States.
The plaintiff a citizen ofihe State of Vermont,
condemned to hard labor for fintr years in the pen
itentiary of Georgia, under color of an act which
he alleges to be repugnant to the constitution, laws*
and treaties, of the United States.
The legislative power of a State, the Con trolling
power of the Constitution and laws of the United
States, the rights, if they have any, the political
existence of a once numerous and powerful people,
tlie personal liberty of a citizen, are all involved
in the subject now to be considered.
Ii behoves this Court, in every case, more espe
cially in this, to examine into its jurisdiction with
I N pursuance of General Orders of the Commander j scrutinizing eves, before it proceeds to the exercise
in Chief, the annual Review and Inspection of the j ol a power which is controverted,
in Division of Georgia Militia, by _B.egm.ems ami Bat- j The first step in the performance of this dutv
talions, will take place at their respective muster grounds, | is the inquiry whether the record is pnmerly before
in the month of May next on tlie days following, viz: theCourt. r . J .
In the county of Clark, on Wednesday, the 2d May.
In the county of Oglethorpe, on Friday, the 4.h May.
In the county of Greene, on Tuesday and W ednes
day, the 8th and 8th May
In the county of Morgan, on Friday and Saturday,
tlie 11th and 12th May.
In the county of Putnam, on Tuesday, the 15th May.
In the coullty of Baldwin, on Saturday, the 19th May.
On the respective days immediately proceeding the
Review and Inspection in the above named counties—
the Commissioned and non-Commissioned Officers of the
respective Regiments and Battaliions, will be assembled
for instruction and drill.
A strict compliance wiili orders will be expected—a
rigid discipline and subordination enforced and all in-
population, under the census oj 1831; also, the f actions promptly and indiscriminately punished. The
amount of the Fourth Apportionment, made by : Generals of Brigade will attend in person to the execu
tion of their orders.
By command ofMaj. Gen. Watson,
S. ROCKWELL, Division Inspector,
marl.5—36—8t 3d Div. G. M.
the Central Bank to each county.
Name of County.
White
poiiqja-
Coioieit
popula
tion.
ittepreseu j Fourth
I tat: .e po-japiiortion
Ipuiatiou. Jment
xxm.iAU>ctEv:tm.E
& DRUG STORE.
rgr IE subscriber has laxen the Bonk & Drug Estab-
Jn_ lablisshment in this place, and solicits a continu
ance of the liberal patronage heretofore extended to it.
He will receive in a few weeks a foil supply oi all the
articles necessary to perfect the stock, and no article
shall be called for hereafter eommonly tube found in such
o place, that lie will n*H have at hand. lie will endea
vor bv constant attention, uniform aeeorr.inod ition and
Imv prices, to merit the patronage which he solicits.
• THOMAS F. GREEN.
' ■pgo. 36—3*
JACOB BOOLE
H /« 8' just, received from Net* -
York, a
NEW SUPPLY
of "Watches, silver Spoons, be.-.
Pistols, Walking Canes, Deed
^c. ire., and lias constantly
on hand a general assortment "i
aroeles m ms line of business, consisting of Gold Paten*
Lever and Plain Watches, Stiver do.; Gold Chain-,
.Goals and Keys; Breast Pins, Ear-rings. Fmger-nnvs.
Cable Chains and
cies, Batter Knives
Fruit Baskets,C ne
Pen Knvrcs and Sc
an-J S >nn; Otto of
*_* ii I Hair Pow<! r:
Dressing and 8\de
Keys, Sword end !
JV'cussirin Cap ?
"Swords, Belts, But.
c*>c\r'\T A-’T-V-’ICN’ WTT.r TVE OIVFN TO
CLOCK i v/ATCH B.SPAIKIIO'G,
Also, TO EN'tiiAVINft
_ ’ ... t . ^.T-» 4 v C!
MecVil
... ,
ions; 8
ilver 8
poons, Speu;:i-
nu*l I
'encii <
Jhs»-s,
L'laied Castors
Uestiuk
s.Snuf
ers a ad
Trays, Razor.--,
issars;
Razor
Straps
Shaving B >x<-‘
R.JS-!, (
Pdogw
'S'a e
rvi :i<-'t.s-ar < ).l
PI •••.
UT.l C
m ot! (
iombs, rocket,
Dorn'
, Gilt
and S’
t- 1 Chains ami
’lair: C
mes, Li
.1 and
Pocket Pit-fols,
n't Pot
vdyr L
iariv a
\Iill'ary Hats,
.tT-.iIet:
s, Lace
Cord, etc.
<
\LS.
mounted
ri)T'jl r l' V «i i Y
-R’c’e and Jewelry, neatly repnirt
—rith Gold, Silver or Ivory—Gold 8 . .
inhctl anu aejustfu.
s made to or-
. der—Survevors
Mill
etlgevuic
■asses rep
y 1832.
3"
Board of Physicians of Georgia.
that tlie following me the requisitions
d and of the iaw crearing tht Board ol 1 hy-
" by die last Legislature of this state:
■d to write Theses o:i some Med-
Appling,
Baker,
Bald win.
Bibb,
Bryan,
Builock,
Burke,
Butts,
Camden,
Campbell,
Carroll,
Cuat uatn,
Ciark,
Columbia,
Coweta,
Crawford,
Decatur,
DrKaib,
Dooly,
Ka riy,
F.ltiogiiam,
Llbei I,
Emanuel,
Fayette,
F ranklin,
Glynn,
Greene,
Gwinnett,
Habersham,
Hail,
Hancock,
Harris,
Heard,
Henry,
Houston,
Irwin,
Jackson,
•Jasper,
Jellerson,
Jones,
Laurens,
Lee,
Liberty,
Lincoln,
Lowndes,
Madison,
Marion,
McIntosh,
Meriwether,
Monroe,
Montgomery,
Morgan,
Muscogee,
Newton,
(Vhdhorpe,
Pike, _
Pninski,
in to the Dean at, m-befine I Putnam,
€ 1 v:;x>nvv
J are inform'
ot the B >■
Bicians as ameiHtei
1st. They irs re
iral subiect, and presen' Uit
’ ?;u-h meeting of the b< a.u held on the first Mom; ay m j Rabun,
'ember, annually. j Randolph,
2d. Thev are require;! to s f and a ra‘;-a ictery evirmy- Bjchtnond,
tion on eve-v brnrh of Medicine, and in no'case wuU | S( . riven>
eense be granted to an applicant materially deficient m t* lrwartj
Ther branch. . , , „u Ta'bot
3d. It is made the duty of the brtvxl, fo cr-.mmc n!;
■Who have Wplomas, tfv.be y are doubtful of the applicai.is 1 ahatt rro,
qualifications, and innocasct-> grant licenses to such,
Unless they are found qualified to practice medicine,
4th. The board will, in no case, grant a licence, irt*-
■ Tar nail,
Telfair,
; Thomas,
out the production of sal isfictory testimonials <it, the can- ( Troup,
Sdntes sustaining a good moral character. _ ' Twio*«rs,
- • l c A mvnlt’in/r i'll* I '
can have it done, by addressing the subscriber in Angus j Warren
ta anti naming their places of residence, with the title oi | asbington,
’ — w Wayne,
Wilkes,
Wilkinson,
.1 heir Theses. . , .
The examiptition will conducted in the orcer in
rhich the names stand on the list.
Alt communications on the subject, to receive
iC
ue„^>. must come ,'reo
JJum slit, March 14
M. D.
Dean of the Board.
37
..-p, jj. b. The papers in MillcdcviUe are request
ed to publish the alxive twice a month for three, months
d present their accounts at the next meeting ol the
rd. —-
academical etotios.
The Reverend John T. HUiyer and Lady,
W HO have had charge of the male and female A-
cademy of Monroe, in the county ot V\ a! ton.
<hr the last two years, are engaged to conduct that tn-
»ftudon for the eneufog year. . Titey are a^nU ^
fully competent to the instruction ot youth m the pr pet
branches of academic education; and‘have disc targe
their duty with ability and success. At this seminary
'Students are prepared to enter college ; it is situate m a
very healthy place, where boarding is cheap: and is wor-
r tlu? of public confidence and patronage.
" r WILSON LUMPKIN, ) H
RICHARD BILLUPS, l g
ELISHA BETTS, A Iff
VINCENT HARALSON, j »
l,227i
977
3,123
4,475
7231
l,547l
5,1931
8,3t;7;
I, 441 i
3,39Sj
3,0671
5,004:
5,134,
4,317:
4.14ti|
2,764j
2,750|
9,0201
J, 865|
l,46t>!
L71II
6,389!
2,155]
4,dco;
7,517
622
4,365
10,721
10,252|
11,177j
5,022]
4,182]
1,481
8,387
5,601
1,0661
6,734
6,5311
3,514’
6,196
.8,005
1,773
1,578
2,785
2,155
8,561
1,729
1,077
3,603
9,723
946
5,093
3,106
8,101
5.313
4,713
2,996
5,294
2,992
691
5,559
2,216
. 1,371
4,475
3,105
1,821
1.497
2,399
5,026
4 548
8.921
7,079
1,063
5,043
5,812
667
5.210
4,785
Feb 16
182
276
4,874
3,089
2,416
701;
6,21 Oj
l,7a4|
3.097i
7721
377]
U 436!
4,675!
7.639
1,503I
l,7S3j
1,450
1,867
368
602
1,228'
5,717,
60b i
•,30'!
2,405
4,028;
7,265;
2,372
1,186'
1,500!
7,426!
3,060j
624
2.640
2,428
114
2,955
6,203
3,682
6,922!
2,341
451
5,763
3,245
389
1,323
153
3,926
1,740
7.514
352
6.515
1,960
2,972
7,536
1,903
1,778
7,667
82
322
6.218
2.242
598
1,621
2,662
611
575
1,343
2,934
3,954
2,319
3,150
69
4.G86
3,921
251J
8,995
1,8871
1,336
l,f-43!
5,747
6,328
2,173
2.268
8,919
4,401!
3,299
3,8611
3,293!
11,866]
7,939
8,900]
5,048
3,804!
3,620]
0,140]
2,0861
1,827]
2,449'
9,819]
O jevn
3;s46!
8,961
3,039
9,224
12,144
10,974
12,077
9,478
6,018
1.855
9,971
7,058
1,134
8,507
10,253
5,723
10,349
4,410
2,014
5,036
4,732
2,388
4,355
1,821
3,433
4,647
14,231
1,157
9,002
4,292
9,884
9,834
5.855
4,063
9.894
3,031
884,
9,289
3,561
1,730
5,449
4,702
2,188
1,832
3,205
6,786
6,960
5,312
8,968
1,104
7,854
8,165
818
10,607
5,917
3P9,835;223,881|444,164
32
902
772
3,892
4,274
1,468
1,532
6,024
2,973
2,228
2,608
2,224
S,015
5,362
6,011
3,410
2.569
2.445
6*849
1,409
1,234
1,653
6,632
1 GO* '
3,611
6.053
2.053
6.230
8,203
7,412
8,157
6,402
4,065
1,253
6,735
4,767
7G6
5,746
6,925
3,865
6,990
2,979
1,380
3,401
3,196
1,613
2,941
1,230
2,319
3,13lf
9,612
781
6,0S0
2 892
6’676
6,642
3,955
2,744
6,683
2,047
597
6,274
2,405
1,168
3,680
3,176
1,478
1,237
2,165
4,593
4,633
3,599
6,057
746
5,305
5,515
552
7,164
3,997
ATTENTION! GEORGIA!
IT OOK at your .Metropolis! Look at her streets!* Do
-Li you feel any pride for your State? Do you desire
pleasant walking-—handsome streets—a flourishing seat
of Government? Have you any public spirit? Are you
disposed to make a fortune?—If so, behold the splendid
Scheme below. Look at the condition of vour Town;
and if time wifi not excite you—Just think “of getting
on e thousand dollars for ten dollars—five thousand for ten
dollars—ten thrrusand for ten dollars—Twenty Thous
and for ten dollars! What a speculation ! Go in for it!
do in for it!!
5IILLED~EVILLE
STREET LOTTERY.
(Authorized by tlie General Assembly of the otate of Georgia.)
1
Prize ol $20,000, is $20,000,
3
Prizes
10,000, is
30,000,
4
u
5,000, is
20,000,
9
tt
1,000, is
9,000,
o
5
ti
C/W* AO
800, is
4I08O,
5
tt
700, is
3,500,
5
600, is
3,000,
5
a
500, is
2,500,
5
tt
400, is
2,000,
5
a
800, is
1,500,
5
a
200, is
1,000,
35
ii
100, is
3,500,
50
a
50, is
2,500,
G50
a
20, is
13,000,
5,000
a
12, is
CO,000.
It is certified by the Clerk of the Court which
pronounced the judgment of condemnation" un
der which the plaintiff in error is imprisoned, and
is also authenticated by the ‘seal of the Court. It
is returned with, and annexed to a writ of error
issued in regular form, the citation being signed by
one of the Associate Justices of the Supreme Court,
and served on the Governor and Attorney General
of the State more than thirty days before the com
mencement of the term to which the writ of error
was returnable.
The Judicial act, # so far as it prescribes tlie
mode of proceeding, appears to have been literally
pursued.
In February 1797, a mlef was made on this
subject, in the following words: “It is ordered bv
the Court that the Clerk of the Court to which
any writ of error shall be-directed, may make re
turn of the same by transmiting a true copy of the
record, and of all proceedings in the same, under
his hand and the seal of the Court.”
This has been done. But the signature of the
Judge has not been added to that of the Clerk.—
The law does not require it. The rule does not
require it.
In the case of Martin vs. Hunter’s}: lessee,-an ex
ception was taken to the return of the refusal of the
State Court to enter a prior judgment of reversal
by this Court, because it was riot made by the
Judge of the State Court to which the writ, was di
rected; but the exception was overruled, and the
return was held sufficient. In Buel vs. Van Ness,§
also a writ of error to a State Court, the record
was authenticated in the same manner. No ex
ception was taken to it. /These were civil cases.
But it has been truly said at the bar, that, in re-
g ard to this process, the law makes no distinction
etween a criminal and civil case. The same re
turn is required in both. If the sanction of the
Court could be uecessary for the establishment of
this position, it has been sHentlv given.
McCulloch vs. the State of Maryland,[{ was a
me tecuriF'tvirs hmwbtieft..remy'-.»..D-wii/v..
territory is acknowledged to lie without the juris
diction of tlie several States compc-ring the Lnioa
of the United Statesjand it is hereby specially
stipulated, that the cifhneiis of the United States!
shall not enter the afore;
visit, without a passport
State, or from some one
by the president of the Un
will more frilly and at large
the aforesaid treaties,
that the several acts c
ment, were done, or oi
within the said temtenr;
ing to the said Nai
by them, under the
that, for thoqg acts,
to the laws of
the courts of the
the State of GeoH
territory, even on ft
the 6overnor of a
authorized thereto*
States; all of which
ar, by reference to
is defendant saith,
the bill of indicts
be done, if at ail*
recognized as l elong-
and so,.as aforesaid, held
rafttv Off the United States:
defendant is not amenable
i, nor to the jurisdiction of
State; and that the laws of
, which profess to add the said
territory to the: severe^ adjacent counties of the
said State, and to extend the laws of Georgia over
the
and, in particular, thjp act on which this indictment
vs. this defendant i« grounded, to Wit: “An act
entitled an act to prevent the exercise of assumed
and arbitrary power, bv all persons, under pretext
of authority from the Cherokee Indians, and theiu
laws, and ta prevent white persons from residing 1
within that part of the chartered limits ol Geot-
gia, occupied by the Cherokee Indian^, and to pro
vide a guard for the protection of the gold mines,
and to enforce the laws of the State within thu
aforesaid territory,” are repugnant t> the afore*
said treaties, which, according to the Constitution
of tlie United States, compose apart of the su
preme law of the land; and that these laws of Geor
gia are, therefore, unconstitutional, void, and of
no effect; that the said laws of Georgia are also
unconstitutional and void, because they impair tl.t?
obligation of the various co/.tracts formed by and
between the aforesaid Cherokee Nation and the
said United States of America, as above recited j
also, that the said laws of Georgia are unconstitu
tional and void, because they interfere with, and
control the intercourse with the said Cherokee Na
tion, which, by the said Constitution, belongs ex
clusively to the Congress of the United States;; nd
because the said laws are repugnant to the statute
of the United States, passed on the*——day of
March, 1802, entitled “An act to regulate trade
and intercourse with the Indian tribes, and to pre
serve peace on the frontiers;” and that, therefore,
this court has no jurisdiction to cause this defen
dant to make further or other answer to the said
bill of indictment, or further to 1rv and punish thfc
defendant for the said supposed offence or offences
alleged in the. bill of indictment, or any of them :
And, therefore, this defendant prays judgment
whether he shall be held bound to answer furtlie!*
to the said indictment.”
This plea was overrule J by the Court.—And
the prisoner, being arraigned, pleaded not guilty.
The jury found a verdict against him, and the
Court sentenced him to hard labor, in the penifeir-
tiarv, for the term of four years.
By overruling this plea, the Court
11,6
Court and .he^signatureof ,he Cleri, withouMhatJ tlle^^to'e^blSTitte^udiei^eoifrld
of a Judge. Brown et al. vs. the State of Mary
land, was an indictment for a fine and forfeiture.
The record in this case, too, was authenticated by
the seal of the Court and the certificate of tlie
Clerk. The practice is both ways.
of the United States*
The plea avers that the residence, Charged iri
the indictment, W’as under the authority of t'e
President of the United States, and with the per-
Less thatt TWO blanks to a PRIZE!
All the Prizes to be floating front the commencement
except the following, dcposii* d as follows, viz:
First Day's Drawing—2 Prizes of 5,000, 1 of 1,000,
f of 900, 1 of S00, 1 of 700, 1 of 600, 1 of 500, 1 of
400, 1 of 300, 1 of 200. ,
Second Day's Drawing—1 Prize of 10,000, ! of 1,000,
1 of 900, 1 of 800, 1 of 700, 1 of CU0, 1 of 500, 1 of
400, 1 of 300, 1 of 200.
Third Day's Drawing—1 Prize of 10,000, 1 of 1,000,
I of 900, 1 of 800, 1 of 700, 1 of 600, 1 of 500, 1 ot
400, 1 of 300, 1 of 200.
Fourth Day's Drawing—1 Prize of 10,000, 1 of 1,000,
I of 900, I of 800, 1 of 700, 1 of 600, 1 of 500, 1 of
400, 1 of 300, 1 of 200.
Fifth and last Drawing—1 Trize of 20,000,1 of 1,000,
1 of 900, 1 of 800, J of 700, 1 of 600, 1 of 600, 1 of
400, 1 of 300, 1 of 200.
And on tlie commencement of the^irst, Second, Third,
and Fourth Day’s Drawing, the fir*/ drawn number shall
be-ent itled to a prize of $1,000, and on the conclusion of
the last Day’s Drawing, the first and last drawn num
ber shall be entitled to a capital Prize of Jj*5,000 each,
in addition to such Prizes as may be drawn to their
numbers. _ ,
The whole Lottery to be completed tn Five Day s
Drawing only!
PRIZES ONLY TO BE DRAV/Ni
The Commissioners of the MiUedgeville Street Lotte
ry have unavidably postponed the first day’s draw mg
until tha first Saturday in May next.
The whole of the Prizes payable in sixty days af e.t
each Day’s Drawing—subject to a deduction o! fifteen
per cent. All prizes not applied for in twelve months
from each drawing to be considered as a donation to the
funds of the MiUedgeville Street Lottery.
The drawing to take place under the superintendence
of Will! am W. Caknf.s, Samuel Buffington, Samu
el Rockwell, William H. Torramce, Lzf.kiel L.
Park Joseph Stovvall, Thomas \V . Baxtf.r, James
g # Calhoun, and Iverson L. Harris, Commissioners;
*ilso ft Board of A lsitors#
’ PRESENT PRICE OF TICKETS,
Quarters 82 50.
,* *• . * T i mission and approval of the Cherokee nation.—
The record, then, according to theJudiCmryast, | Thatthetrea ff s snteistint; heween the United
and the rule and practiced the Court. » re R ularij •. >#d )he cherokew> Acknowledge their right
US * . .. . . .. . . a. ! ns a sovrefon nation to govern themselves and «ii:
1 he more important inquiry ,s, docs it exhib.t a , £ have settled >, ilhi* their territory, free
case cognizable by this tribunal? £,n> anv right oflegislative interference by the
The md.ctn.ent charges the n ! several Stales composing the United States of
and others, being white person^ widt .lie oflenoe, meria ,. xhat ,r„der which the prosec.~
ot residing within the hint s . , tion was instituted is repugnant to the said treaties,
tion without a license, and without having taken j t l, ere fore, unconstitutional and void. Tha-
the oaflt to support and defend the const.tution and , he sa J d act is . otg0i unconstitutional ; because it
lawsofthe Stateof Georgia. .. ,nrvw.rptt in interferes with, and attempts to regulate and eon-
The defendant m he State„ Court appeared to ^ imercourse with ,1„. Cherokee Nation,
propel jer.OHMHn! filed the (Mowmg pie . which belongs, exclusively, to Congress; and, he-
“And the said Samuel A. \\ oreester, in ins ou n ( jt Brepugnant’to the Statute of the Uni-
proper person, comes and says, that tins court lei | States ’ t entitled “An act to regulate trade ami
ought not to take further cognizance of the action
and prosecution aforesaid, because* he says, that,
on tlie 15ih day of July, in the year 1831, he was,
and still is, a resident in the Cherokee nation!; and
that the said supjfosed crime or crimes, and each
of them, were committed* if commil tod at all, at the
‘own of Ne*.v Uchota, in the said Cherokee nation,
out ofthe jurisdiction of this court, and not in the
count y of Gwinnett, or elsewhere within the juris
diction of this court : And this defendant saith,
intercourse with tlie Indian tribes, and to preserve
peace on the frontiers*”
Let the averments of this pfea b? compared
with the 25'th scctiou of the Judicial Act.
That section enumerates the cases in which the
final judfremeut or decree of a State Court may iV?
revised in the Supreme Court of the U. States.—
These are, “where is drawn in question ihe validi
ty of a treaty, or statute of, or aft authority exer-
1
. . r , ,,-tr „„“]■! cised underline United States, and the decision in
that he is a mtizen of the State of \ errnon , ne f . t t{ie ; r va ]idity ; or where is drawn in qw *-
the United States of America, and that he entered « - * •
the aforesaid Cherokee nation, in the capacity of
300,000
—St
^JCOKGIA,
t DEKALB COUNTY. yJohn
Masranty arid Mary M aganty apply to me for let
ters of Administration on the estate cf Abner Maganty,
late of said countv, deceased :
These are therefore toVite all and singular the kindred
and creditors of said deceased, to lie and appear at mv
office, within the time prescribed by law, to shew cause,
if any they can, why said ietters of administration may
pot lie "ranted. Given under my hand, this 13th day of
February, 1832. E. B. REYNOLDS, c. c. o.
March 1
34—fit
KOHGIA, DECATUR COUNT Y.-Where
|jr as Waiter B. Mason applies 1o me tor Letters of
Administration on the estate of Francis GYDiokenson,
iate of said county, deceased : .......
These are therefore "to cite and admonish al! and sin-
"ular, the kindred and creditors of said deceased, to be
and appear at my office, within the time prescribed by
law, toshew cause, if »T they have, why tellers
should not lie granted. Given under my hand, tins lift,
J, y „fFebm.| T M2. ^ AnBWi0u o H> c.c.
March 1
Wholes $ 10 Halves $5..
For sale in a ureat variety ot numbers at the^Lomrms-
sioners
and State Bank. - , T t
rj-jr. ORDERS for Tickets, from any part of the U.
States, (post-paid,) will meet with prompt attention.—
Address to P PRYOR WRIGHT,
Secretary to Vomnussumers.
MiUedgeville, January 21,1832 \ 5—tf
a duly authorized missionary «*f tlie American
Board of Commissioners for Foreign Missions,
under the authority of the President of the United
States, and has not since been required by him to
leave it; that he was, at the time of his arrest, en-
tmged in preaching the Gospel to the Cherokee
Fndians, and in translating the sacred Scriptures
into their languge, with the permission and appro
val ofthe said Cherokee nation, and in accordance
with the humane policy of the Government of the
United States for the civilization and improvement
ofthe Indians: and that his residence there, for this
purpose, is the residence charged in the aforesaid
indictment: and this defendant further saith, that
this prosecution the Stale of Georgia ought not to
have or maintain, because, he saith, that several
treaties have, from time to time, been entered into
between the United States and the Cherokee na
tion of Indians, to wit: at Hopewell, iSn the 28th
dav of November, 1785; at Holston, on the 2d day
tion the validity of a statute of, or an authority < .v-*
ercised under, any State, on the ground of their bo.
ing repugnant to tlie constitution, treaties or Inv>
ofthe United States, and the decision is in favor of
such their validity; or where is drawn in qnestfoy
the construction of any clause of the Constitution',
or of a treaty, or statute of, or commission held or
der, the United States, and the decision is against
the title, right, privilege, or exemption, specially
set up or claimed by either party, under surS
clause of the said Constitution, treaty, statute, o*
commission.”
The indictment and plea, in this case draw .
question, we think, the validity of the treaties
made by the United States with the Cherokee I n»
dians. If not so, tlieir construction is certain*'''
drawn in question; and the decision'has been, t-
not agaiftst their validity—“against the right, pri***
ilege, or exemption, specially 6et lip and claimeV:
under them.” They also draw into question thr
validity of a statute of tlie State of Georgia, “op.
...... . ugnant to the CfonStitn*
$\00 REW VUn.
TOLEN from the Lot of Henry Eadv, in the town
oflrwinton, Wilkinson county, on the night ofthe
13th inst. a dark Brown HORSE, (nearly black,) six or
seven years old this spring, about five feet high, switch
tail, star in his forehead, I believe one hind foot white,
marked with gear, shod.before a nd racks mostly—sup
posed to have been taken by John Cannon, he having
broke Jail in Lawrens county the Saturday night be
fore, chareed with horse-stealing in several cases. The
said’Cannon is about Forty years of asre, six feet high or
more, rather dark complexion, black hair, rather spare
made. The above reward will be given for tlie detection
ofthe Thief and delivery of the liorse, or twenty five
dollars for die horse alone.
LITTLETON MADDUX.
March 22,
37—3t
r»L.i j 1 I ■ ' 7 ol A Ar the ground ofits being repugnant to the Coristitn*
of July, 1791 ; aj_Phtladelphi?i. on the 26th dav of D - ? reatie3 an d i aws G f the United States, and the
October.! is in favor ofits validity.”
It is, then, we thirik, too clear for cohlroverty,
that the act of Congress, by which this Court i : >
constituted, has given it the power, and, of cours*-,
imposed on it the duty, of exercising jurisdiction ht
tbis case. This duty, however unpleasant, enn
not-be avoided. Those who fill the judicial
parttnent have no discretion in selecting^** sub
ject to be brought before them. We must examfog
the defence setup in tins plea. We must inputs
and decide whether the act ol! the Legislature r?
Georgia, under which <he plaintiff in error has beej.*
prosecuted and condemned, be consistent With, o*
repugnant to, the Constitution, laws, and treatienj
ol the United States. .
It has been said at the bar, that the nets of fVo
Legislature of Georgia seize on the whole Chcr.v#
kee country, parcel it out among the neighbor;i\g
count-, s of the State, extend her rode om ^
whofo country, abolish its- institutions and its W’n "t
and annihilate its political existence.
s Lirnre, oh »» y , ; i j ?98 . a( Tellico, on-the 24th dau^ of October, 1804;
at Tellico, on the 25th day of October, 1805; at
Tellico, on the 27th dav of October, 1805: at
Washington City, on the 7th dav of January, 1805;
at Washington City, on the 22<1 day of March,
1816* at the Chickasaw Council House, on the
14th ’day of September, 1816; at the Cherokee
Agency,’ on the 9th day of July, 1817; and at
Washin'rton City, on the 22d day of February,
1819 * all which treaties have been duly ratified by
the Senate ofthe United States of America; and,
bv which treaties, the United States of America
acknowledge the said Cherokee nation to he a
Sovereitm Nation, authorized to govern them
selves and all persons who have settled within
their territory, free from anv right of legislative
interference bv the several States composing the
United Slates'of America, in reference to*ctsdone
t
* Judicial act, sec. 22 2->, w* • P^
f 6 Wb. Rules. \ f^^ 304 ’ 36V
\ 8th Wh. 31% Wh, 3I3 fc
4