Newspaper Page Text
free cxerrise thereof. or abridging tlif* freedom of speech, or find ii so easy to leap back again. The error of the cha:r-
of the press, or of the right of the People peaceably to as- man of the committee, he said, (if it he one, and he believed
semhln and petition the Government for a redress of griev- it to lie, with all due respect,) seemed to him to have arisen
ances." Now, e-aid Mr. 1C.) those who have been here from a misapprehension cf the nature of the question tie
during the session must feel somewhat astonished at the was deciding. The question was one on the atlirrnative o(
awful respect which is paid by the Senator from Carolina power under a limited constitution. VVe could run with the
to one right secured by this amendment, when they recol- j current of constitutional authority, but we could not run
l©tt the unceremonious manner in which he treated another, j against it; and the Senator might just ns well say that, it a
expressly secured in the same article. It would be seen, 1 man had power to swim down the falls of Niagara, it was
(lie said,) ihatjlhii was the same article in which the right of, perfectly plain that he had power to swim up them. XX e
petition was expres.-dy secured to the worst as well as ilia j never asserted a right to exceed a limited power hy acting
1 >cst
hr
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count.. „, 0 , . -
and children, disappointed old maids, and boarding-school of the report, if we were to pass a law to m V." that prot -c
misses; the former r!a<s having perhaps lost all sympathies tion efficient, and as a matter of diciplitm punish the officer
with ihe world, and the latter not having learnt any thing ! for a violation of it, we would thereby assert the power to
about it. These petitioners, such as they w ere, were not j violate the right at pleasure in the face of the Constitution,
permitted, under an express rich', to ask Congress in its As a further illustration of the doctrine of the report, he in
discretion to abolish slavery in the District of Culunihia, ) staueed the proprietor of a freehold, who had full authority
whilst the same Senator under the same clause, locked l,e- on his own estate, hut had no power to cross ihe line and
yoiid tho Constitution for a remote implication, to secure to trespass on the land of his neighbor: and yet, if he wished
the same parsons the active and efficient agency of the j to respect his neighbor s rights, and forbid his servants to
Government to abolish slavery i:i ull the sUvcc-hoLling ; commit trespass;*, and punish their disobedience, he thcre-
A7,.,v.«. by, according to this doctrine, asserted a right to trespass
lie said although the Senator had been long a politician , oa his neighbor at nl.
mm:." Did * escape the seneaior that tit" legmlatio* of «» al camp, near Hutchachuhha, June 22d,”
i"f“nn»iioo, Itat -Ihe heaile In.
Iho slave States. An ! did the senator suppose that this uians, With the exception Ol a part Oi the
‘ inquisitorial power" he complained of would he more Hitchatoes, and a small party of Uchees under
rigorously exercised nv the cool reasoning nostmisters ot .. • *\ ,
the north than by a southern postmaster, a committee of Jihl rlciliy, him all Como into Camp, and sur»
vigilance, and an excited mob? iia presumed not. Why, rendered themselves unconditional!v as prison-
then, send these papers from one end of! h * oners.” On tlie afiernoon of the same day, at
other, at th? puolio expanse, to trouble anu excite 111* com- , J y
munity, endanger tlie whole mail, weaken the national sym- ab^Ut 4 O clock, WC Witnessed the f*T(lfld dltrcc
pnthies of the people, and threaten our institutions, when it D f this drove of savages into the Fort, consist
was ad mined they would be destroyed before they came . c » * . ,, , ~
into tho hands of those to whom they w**re directed? There ° mon , women and children, in all abotft
could be no dossibio object in this useless agenry on our one thousand, among them three hundred war-
n^lhiy were brought in by. battalion of
tiouists)know perfectly well that these papers would be | Alabama cavalry, unde? tiio command of ir;u-
destrayed in the southern post offices hy virtue ofihe State - : or general Patterson. The men were placed
laws, and yet they infcUtcd on sending them, and had tue • , • » t-» . , •• ,
effrontery to avow that their only object was “to keep up j wilhin the walls Ol tue Fort, while the women
an excitement.” Would gentlemen encourage such mischief, and children were encamped on the outside; it
and that too at the puMie expense? I was an assemblage of human beings, such as we
1 he senator troni Massachusetts hail further complained j . . . n . 1
that a monopoly of the post office power was granted to j lad never biilore Witnessed, and the Sight filled
the general government, and this increased its obliga- j ug with thought, and feelings to which we shall
he seuned very°snhj«’.t to tho emotion of "astonishment j these cases Mr. lv.’said) xvas, that we had power in the
The plain djffcrenca in all! lions to carry whatever might have been carried by lha i
. i. i ... c?,..* ,\ iu.,11 .1- . ...» ...l.‘
during ihe present session, and on one or two occasions
hud expressed astonishment at him, (Mr K.) As for h.msclf,
however, only a few years in polities, ha had already ceased
at h come astonished at any thing, or he should be amazed
at ihe different position assumed by the Senator on this
same amendment of tlie Constitution.
lly petitioning Congress (lie said) the peti:;on“rs could
do no harm, unless Congress did it for them. They gave
Us notice of their existence and designs in the least datiger-
ase and had no power in the olh
The power here was limited hy the purposes far which
it was to he exercised; we could go with the constitution,
hut could net go against it. We could act within onr con
stitutional limits, but could not. go beyond them. M bather
we could enforce the circulation of a pap°r through the
mail in the slaveholding States, would depend on its cltarac-
States themselves Well, in this sense, what sort of mo
nopoly was it, and wliat was its injurious operation? A mo
nopoly. to he complained of, miut have surrendered some
pre-existing right which the party complaining previously
enjoyed and had surrendered. Had the States any right
to ptt.sli thi ir post office power beyond theirnwn limits, be
fore the adoption of the constitution? Not at all. They
had still the use of the post office for a'J purposes within
ter. If it were a common t il letter, a bill of exc hange, a ( their own limits; and had, by ihe constitution, acquired
a . bill of lading, a war despatch, or any other paper (airly I its use all over the Union, for all national, social, and con-
ay, unless we made it dangerous. No one ever in- connected wnh the granted powers and social relations, as stitutional purposes. By this monopoly, then, they had
limited that to refuse to receive"these petitions would di- j established hy the consiiutiion, and not inconsistent with
mi.'iish the number of abolitionists; on the contrary, it was ! the reserved rights of the Stares, in that case its circulation
well known it would increase them; ami whilst they were , might be enforced. If of a different clr.r.a-ter. it could not
in the country plotting mischief, he wished to know who be enforced, and the States whose acknowledged rights
they were, where limy were, and what were their views j might he affected could interfere and arrest the circulation,
ami designs. All insisted this was important information j Kach governm-nt should act within its own powers, and,
for the South; and as a Southern man, if he had iiis wishes, in doing so, assert no right to go beyond them,
lie would like for every abolitionist, man, woman, and ; But (Mr. K. said) it was a waste of time to dwell longer
ehiJJ, in the United States, to petition Congress on theupon this report, as tho bill reported by tho chairman of
subject, if he could only l>3 assured that their petitions ; the committee was a practical refutation of every principle
would be prudently treated. These petitions not only gave : laid down in ihe report up to that part of it wjiii h recom-
11„-tl.e sentiments and designs of these people, and showed j mended tho bill. Tlie bill proposed to congress to do that
us w here they lived, but kept tho South advised of the which the report said congress has naapwer to do.
feelings of Congress on the subject, which was all-import- 'l it? position assumed in tho roporrwas, that the amend-
ant to that section of country. With such admonition, the ed article before referred to deprived congress of all power
South could never he taken by surprise. Jn every view of
tho subject, even on the score of expediency, tho more ho
had reflected, tha b> tter was ho satisfied with the course
be had proposed outlie right of petition. tSomething was
gained hy receiving, and certainly nothing lost by it. lie
was led to this short digression, (he said,) upon a motion
1 mg since disposed of, in consequence of tha subject having
been revived hy tha Senator, (Mr Cai.hocn,) who had
again cast censure on those who lull voted a gain, t Iris
motion not to receive petitions.
31 r. K. ill'll returned to the first position in the report,
and a»ked, what was the freedom of tho press? How was
it secured? fur what purpose, and to whom? The secu
rity provided ibr the freedom of the press wui.s, by a restric
tion on the National legislature, infesded to prevent any
active interference with that right, as it existed in the States
at the time the Constitution was adopted. The provider
over tho subject, because "it was the object of this provi
sion to place tlie freedom of tho press beyond tlie possible
interference of congress,” Ac. "It withdraws from con
gress all rigid of interference with the press i t ant; form
or shape whatever." This, be said, was the language cf
the report, and as the right to circulate was assumed as an
incident to this freedom of the press, any interference with
circulation, by refusing to transmit any thing the States
might permit to be published, was considered a violation of
the right. Now, (said M. h.) w hat are the provisions of
the hill? If it does not interfere “in some form or shape”
with the circulation of matter the printing and publishing
of which is perfectly lawful in the State where published, 1
care nothing for it. Mr. K. read the bill, and said it would
he seen that it prevented the transmission, by mail, of pa
pers, A c. oti the subject of slavery, from one State to an-
ither, when hy the laws of the State to which the same was
was only declaratory of a pre-existing right, accompanied j directed, tlie circulation ot such papers was prohibited.—
by an engag m-nt not to disturb it. That freedom consist- ( Here was an "interference ’ by congress with circulation,
oil in the right to p int and publish whatever might be per- 1 and he thought a very strong and extensive interference;
milted by the laws of the Stale, whose citizens insisted and how did the senator reconcile this interference with
upon the right. The privilege was a reserved one, and ' the principles ot his report ? Why, tlie constitutional diffi-
cotild not be disturbed within the jurisdictional limits ol cully was removed by tlio co-operation of the State. Co-
anv Slate, by any active, interference of the General Govern-■ operation with tho State! and how could the general gu-
nie'nt whatever.' Cut as tha right was a State right, as the j vernmeni.co-operate in an act, which, according to the re-
prixil' ge was a local one, (and so acknowledg'd in tlie re- port, it is deprived ol "ali right of interference in, in any
(nirt.) it could not he extended by expression or implication, manner or shape whatever.’’ How could this govern
or by State or national agency, unless some paramount i ment act in conjunction with another agent, when it was
constitutional purpose required if. Did any such paramount j under a constitutional restriction not to act at all? flat this
constitutional purpose require the extension here? He j 'said Mr. K.) is far from being the .worst of it. |lhe free-
thought not. Ihe right, like every other constitutional ! dom of the press, ns acknowledged, in the report, is strictly
.nglit, must he reconciled with other constitutional rights State right; and as a State right implies a right to cireti-
curod to the ettiz n in the same instrument. Most of the
Slates, he believed, had similar provisions in their own
< mis! ittr ions fir the protection of the freedom of the pros*.
And jet it had never been seriously, or at any ra'e success-
late through ih j mail w hatever the State may permit to be
printed and published, it is tin press of tho noti-slavehold-
ingStates, then, that is atfacted by the law.
Is this sacred constitutional rigid released by the co-
tidlv, contended that such provision was a proticfion to the i operation of the State’ 1 lie cw-openrion oi w hat Slate:
libeller or slanderer; and why? It was because sucli«on 'Ihe State whose rights are to be affected? Not at all.—
extension of the privilege would he inconsistent with other ! According to this doctrine, the sacred reserved right oi the
p' ivate rights, secured to the citizens under the same Con- f reedom of the press in the State of Maine may In* aliolish-
siitution, and was not at all necessary to the reasonable ; cd in an instant hy the action ofAhe legislature oi the
mid useful enjoyment of the right. Each provision could , ^tate <>1 Mississippi. The people oj Maine, though sccur-
ho made eff dual, and answer all its useful purposes with- , c ‘l hy the sacred guaranties of the coristi tilion, in .a resetv-
out any conflict between them. Any claim, then, (said ed right beyond "any possible inle; i. reuee w hatever by
M r. K.) which the freedom of tha press has to our attention • [ ‘ lR general governai-ht, may be capitally punished by that
iu this place, especially w hen the claim is an implied one, same government, I r the exercise of this right, by the
must he reconciled with other claims secured to the citizen j consent of Ihe Slate oj Mississippi. Vx hy, what a tumble
it id: r the same Constitution. The rights of domestic slave- ’ inconsistent political powers anil inefficient constitutional
rv were elate rights: tlie freedom of the press was a State , scoun’.ios is foun t here! That tlie constitutional powers
right; and they could bp easily reconciled on the principle . ‘d )he general government coiiu! lie c...jri;cd b} the anion
that they did not necessarily interfere with each other, and ot n single State, and enlarged, too, in its opeianon oxer
should not be permitted to do so. The freedom of tits press the rights of States that do not co-operate or consent, was
in the State of Maine should not interfere with the rights 1 oneot tlie strangest doctrines that had oxer gioun out ot
i*l‘slavery in the State cf Mississippi. As domestic slavery ; the heresies o( modern lmc-s,
in Mississippi should not interfere with ihofreedom of the ' .1 * ie Irl| h i*. 'said Mr. k. we-have the power >o act m
press in Maine, and ns tha States could not interfere with ' this matter under the constitution, or wo have no powei
each other in these State rights, lioxv ooui.J they a k the at a.'J. U e cannot derive any power irotn the laws ot one
G.meral Government to lend them its agenry to do so, State to act upon the citizens ui.auoiacr. x e derixe our
when that Government was, by its Constitution, bound to power here under the constitution, w inch gives us exciu-
protecl and respect both rights? sive cll « r g e the post cilico depaament Under this
lioxv, then, did xve abridge the freedom of the press by > power we can pass ali proper law s, and piuitsh their tnl.-ac-
wiihholding the national agt-nev from all nv ans calcul.afejj • tio;t, which carry into olivet the objects ot the power, and
to abolish slavery in tlie slave-holding States, when the duly respect the. rights of the Slants, iiere was (Mr. K.
National Government had no poxver for tin's purpose, r it tier sauli the source from w-nch we derived our power; and ho
expressed or implied? We d i not (said lie) propose to pre- j hoped gentlemen woo! I not rcfnse to vote lor too bill oe-
xciit tho priming or publishing, or even the circulation of cause nicy could not agree to tho principles ol ll:e report,
any matter pemiitted hy the Jaws of the respective Slates | or reconcile it with tho bill.
xxitl.it i the limits of tlie {states where printed and published; lie did not kuoxx’ lioxv the chairman of toe committee
and :;s the right war acknowledged to be a Slate right, it could have lallen into this thorough inconsistency, unless
could not he thrill: r insisted on, < xcept for purposes purely !t ' vas l * iat ^ le * a< * s ” , n , '* a reeoti.iueiutation.and look it lor
national, nnd therefiiro not conflicting with the rights of granted :t must heal! w'rotig, as it had been made .iy the
other States. The power was given to keep up a social, ' president. But on further consideration -ie had found it
friendly, and commercial intercourse among the People of , right, nnd that the south expected
the S.utcs; and so fir ns it extended an intercourse ainon
the People of the different States, it was the creature of the
Constitution, must be eonilncd to its objects, and could not
f>e used to destroy an interest which wo had no right to
touch, and which, on the contrary, hv tho Constitution,
xve were hound to secure.
Further, (Mr. Iv. said,' it was admitted that if the free
dom of tlie press was infringed hy such modification of onr
Ii.vs as proposed by the President, it was done by implica
tion. Was there then any implied right in the citizen to
claim an involuntary agency of tho General Government
i.i the circulation of any mutter beyond the limits of fiis
ovv.i St .te, which hy the laws of that State intr.ht be there
printed anti published? If so, from what source was such
a right derived? It could only attach, as a necessary and
proper means to some constitutional end. What was that
.institutional end lu re? The Senator from Carolina iu-
juifl expected something to be done;
and lienee this opposition rejiort, accompanied by an ad
ministration bill.
Yes (said Mr. K.) an administration bill! I wish my
| friends to understand that, and hope they xvtil not fall into
t be same error xxuth regard to the chairman o! the committee
! that fie did in regard to the president, and lake it fur grant
ed that the hi!! is wrong because it has been reported ny the
1 senator from Carolina. Sir, (said he) the bill is right, and
precisely conformable to the viexvs ol the president,against
. which the report is made. Mr. K. then read that part of
the message which indicated tlie character of the law that
’ the president recommended, asJoJJows: "in leaving other
branches of this interesting subject to the State au.iioriiies,
to xxiiotn they properly belong, it is nevertheless proper for
congress to take su< h measures ns will prevent the post
1 office department, which xvas designed to foster an atmea-
iiie intercourse and correspondence between ah the mcm-
iste.l that tlie right to pr lit nnd publish implied the right j bars of the conlederacy, tiom b-rng used ns an instrument
to circulate; and as the 1’ust Office poxver xvas surrendered
to the General Government, there was an implied right t i
claim the agency of that Government in the ci.minium i f
whatever a State might permit to be prin ed and publish 'd.
As tho right to prin: and publish xvas acknow ledged by the
Senator to be a local and State right, it was a little btrango
how the incident could be extended beyond the principal
P >wer. The truth xvc.j, that tlie Post Office power xvas it
self a Jistirict power, and could only be called on to execute
its oxvii proper purposes, or by implication ns necessary
arid proper to some other constitutional end. And lie again
asked, what xvas that constitutional end here? The aboli
tion of slavery in the slave-holding States? It could be
none other. And was that the constitutional end which so
irresistibly drew after it, as an incident, the involuntary a-
gen.-y of the Government in the circulation of matter ealcu-
ucquired a great deal, ami lost nothin^
But tlie senator xvas apprehensix'e that the princ iples of
this hill would recognise the right of the States to pass any
laxv they pleased, breaking up all intercourse am mg the
States, and that congress would be bound to adopt it.
Here the senator had fallen into the same error, in rela
tion to the power of the Stales, that the senator from Caro
lina had in relation to the general government. The powers
of each had their limits; and as xve did not assume unlimit
ed power in the general government, hy exercising its poxv-
ers within their limits, so xve did not give unlimited power
to the States, by recognising that which all acknowledged
they properly had. If the States were to legislate htyond
their own. rights, and attack the post office poxver, their acts
would he void. It xxas unnecessary here, he slated, to in
quire what the States might properly stop from circulation
within their limits, and xvhut they could not He could,
only say to the senator that xvli n n limy propos'd any thing
improper, it would be time enough to consider xvhcthrr he
would co-operate; and he would further state that, when
ever any State might think proper to prevent the circulation
of any matter within its limits, and their right to do so was
rol give vent at this time. They were of all
ages; from a month old to an hundred years—
cf all sizes, from the htlle papoose to the gianl
warrior. The old “Blind-King,” (as he is call
ed,) rode in the centre of the throng, nnd al
though it has been many years since he has be-
lield the light of day, yet has the feeling of hos
tility continued to rankle at his heart. The
mines of ihehostiic chiefs who have been taken
snd have come in, are Neah-IS-Mathla, Oe-
lo-Archo-Emathla, Micco-Choley, or Blind-
King, Tustee Nnggce, Ghopko-Yar-har-Hadjo.
The friendly chiefs arc, Oppth-le-yo-IIolo,
Jim Boy, Tuskebatche-11adjo, and Tuckebatohc-
Micco. Ncah-Miccn, the head chief, is in the
camp of Eche-Iladjo, and has renounced all
hostilities.
On Friday, (24th,) a party started from
Fort Mitchell made tip of Alabama troops,
friendly Indians and volunteer citizens, amount,
ng to about three hundred men, who went in
pursuit of Jim Henry, and the band of Uchees
under his command who were known to be hos-
tiles^and supposed to be scattered in the swamp.
less, unprofitable, and improper fur the general govrnmont
to carry such forbidden matter to them, to he destroyed in
their post offices before distributed. Whenever we ac
knowledge a right, we ought to respect it.
lie hoped the Hill would pass. It xvotild, doubtless, do
some good; and it would, at any rate, show to the south a
disposition in congress to co-operate, as far as the constitu
tion will allow, to prevent these unwarrantable interferences
with their rights, lie said ho xvas xvilling to gix-e the agita
tors all their constitutional rights, however mischievous
their intentions, but ho was willing to gix'e them nothing
more, arm would not consent to lend them the agency ot the
government for the purposes of pare and uumixed mischief.
CREEK WAR.
ol an opposite character. 1 he general government, to
which the great trust is confix!:d oi preserving inviolate tho
relations created among the Stales t»y the constitution, is
especially boiind to avoid, in its own action, any thing that
may disturb them. I would, then fore, call the special ai-
teuiton of congress to tho subject, an I respectfully suggest
tho propriety ot passing such a law as xxili prohibit, under
severe penalties, the circulation in the Southern States,
througn the mail, of incendiary pollinations, intend id to
instigate the slaves to insurrection."
No nexv power was asserted hero. On ihe contrary, the
power of tlia Stales oxer the whole subject of slavery is ad
mitted. '1 be post office power is asserted to be in the
general government, and xxe are only recommended to use
it iti sucli a way as not to disturb t)ie rights xve ackuoxx .’edge
in the States. These are precisely the principles of the bit)
dea/hj acknowledged, as in this case, it would he very use- They surprised some scattering Indians and
hau a few shots at them, but without killing
any; the main body made their escape; they,
however, succeeded in capturing about thirty
warriors, whom they brought into Fort Mitchell,
together with a large number of women and
children. This party was commanded by gen
eral Jessup in person.
From the Georgia Telegraph, 30//t ultimo.
The Creeks crossing the Chattahoochee, and
escaping to Florida.—Mr. Jacob Sbotwell ar
rived in this city last evening, from the lower
edge of Lee, which county he left on Monday
last. From ini xve learn that several families
had been murdered by the Creeks, in the 2d
and fid districts of Baker, on Saturday night
last. The bodies of thirteen individuals, men,
women and children, have been found horridly
bulchered. Tiie Indians had been seen in con
siderable numbers. It was conjeclured there
were at least one hundred warriors, having
their women and children with them, and sixty
or seventy horses.
It is supposed the Indians crossed the Chatta
hoochee about twenty-five miles below Roanoke,
and were pursuing the old trail through Baker
and Thomas counties to Florida. This trail
passes about two miles below Nexvton, in Baker,
and near tlie corner of Decatur county.
The extent of tlie mischief done by this band,
is unknown; but it is probably much greater
than we have any idea of, as but a small portion
of their bloody track had been heard from
when our informant left.
Two women had come into Byron, (on the
upper line of Baker county,) who made tlieii
escape from tlie savages, badly wounded. The
Baker county troops turned out it) pursuit of the
Indians, and were close to them as they began
their work of murder; but they became alarmed
and dispersed to hasten the flight of their own
families. Tlie people are ail leaving that sec
tion, and tiie road is crowded with men, women
and children, on their way to the up country.
The families of Iloilixvell, Jones, and Nix,
on the Chickasahatehee, are pmong those mur
dered. John I’aggetl and child dead—widoxv
Hayes, dead—Hoiliwell’s wife and child badly
xvounded, himself killed. Thirteen dead bodies
had been found, by 10 o’clock on Sunday.
Considerable excitement prevailed in Baker,
&c. because the troops bad been ordered away
from that section to defend otiier places, as the
inhabitants believed, less exposed.
From the Macon Messenger, 30tu ultimo.
Indian depredations and Murders.—As wo
anticipated, a large body of Indians have made
t'icir escape from the not laid for them, by
general Scott and Sanford, and are r.oxv on
their xvay to Florida, devastating the country
through which they pass, and murdering our de
fenceless citizens, with their helpless wives and
children. We are indebted to a friend, for the
following painfully interesting account:
“A party of Indians, supposed to be about two
hundred, passed through Baker counlv, on
Sunday morning last, murdering the inhabitants
that fell in their way, without regard to age oV
They were closely pressed by a small
From ihr Columbus Herald, oj the 23th ull.
Creek War Incidents.—On Thursday, the
22J inst. xve visited Fprt Mitchell, our only oh-
ject being to catch a glimpse of that warrior
and chief, whose name lias so strongly marked
tlie page of history, and whose undaunted cour
age- and unexampled bravery lias become a
by-word throughout tho land—Nea h-1 j Math la.
We were not disappointed in our visit-. We
were conducted within tlie pickets, when onr
attention was at once arrested by' the person of
the celebrated xvnrrior chief, reposing with ail
his native grace, his hands and feet being bound
with heavy irons; his body seemed to be at per
fect ease, but there was a restlessness about Ids
eagle eye which told the story of inward tu
mult, disappoinlnicni and mortification. He is
an old man; lie says he lacks but sixteen years
of being an hundred years old. He looks like
an old race-horse, Ids fiesli being worn away
by severe exercise. His bones are prominent
ly exhibited under Ids skin, which is all over
wrinkled xvith age; there is something peculiar
ly striking in his countenance, and the entire ex
pression of his face gives evidence of high in
telligence. From a conversation had xvith gen-
jura! Jessup, we learned that be had formed an
exalted opinion of the military talent of the olJ
warrior, lie slated to us that tlie camp of Neah-
E-Mathla was one of (he strongest military
posts ho had ever seen. Its location was mark
ed with great judgment, and tlie whole plan and
arrangement, xvas such as to convince him that
Neah-E-Matlila was a man endowed with mili
tary talents of a very high order. General J.
remarked that he could take possession of thit
camp with seven hundred men, and defend it a-
gainst four times that amount of force.
The capture of Neah-E-Mathla, as near is
xve can ascertain, was attended by the folloxving
circumstances. General Jessup had left Tus-
kegee with about seven hundred men, intending
to make a direct march for Neali-E-Mathla’s
camp, which was located on the waters of the
Hatclmchubce. He continued to be joined by
additional forces while on his march, until the
number of bis entire army amounted to txventy r -
sevon hundred, of which number fifteen hun
dred were friendly Indians. He had penetrat
ed the country until he ascertained that he was
within about seven miles of tlie hostile camp,
when lie came to a halt hard by a fine coo!
spring, and a flourishing oat-field, where he
xvas refreshin" his rnen and their horses.—
lated :o abolish slavery in the slave-holding Stales? When i v *' e might adoj.t tlie laws of the States where xve aeknow-
the question of connexion hetxveen mean's anil ends xvas ledge itieir right to pass them, yx-ithout deriving any auihori-
proposed to us, we must decide 1" and x\*e her© saxv plainly I W lrom them. In placing this confidence in the States,
an unconstitutional mean insisted on because it promised i "here xve xvfeh them to aid us in respecting their rights in
an unconstitutional end. But the Senator from Carolina i the exercise of ours, xve had only to see that the law to be
most strongly insisted (he said) that an implied right, claim- 1 adopted was such as they had a right to pass. This xvas
ed for an unconstitutional purpose, should defeat the exercise done in the hill xvluch (^infineil th? laxx's to be adopted to
of an express power, when that exercise was proposed for a \ the subject of demest.c slavery, which all acknowledged to
purpose acknowledged to be unconstitutional. He would be under the exclusive jurisdiction of the slaveliolding ( Siates
usk the Senator how it xvas possible to abridge a liberty of . Mr. K. next proceeded to notice tlie arguments of tho
tho citizen, by denying to him the means of doing that senator from Massachusetts (Mr. Davis) xxho had attacked
which he had no liberty to do? tho bill principally on tho ground of expediency, lie had
He thought, then, that it xvas p-rfectly plain that the : stated that "it took tho whole post office power fiotn the
freedom of the press could not, by implication, lie made to 1 general government, and gave it to I tie tMates.” Not at
control an expressly delegated poxver for purposes ineonsis- ■ ail—not a particle of post office poxver was claimed hy, or
tent with t fie objects of that poxver, and tho general pur- ( given to, the States by the bill. The general government
poses of the national compact. It could not, in this cr.se, i was only so regulating that power in itself, as to respect
he made tho clonk for any such unauthorized mischief as j the rights of the States. But the senator further objected
that which was placed under its protection j (Mr. K. soid) because it xvotild he establishing an inquisi-
Mr. K. said the construction put upon another law* had i torial power in the post office department. Anil did the
boon referred to in the report as authority; but it was plain * senator from Massachusetts propose any thing better? It
there was no antilogy xxh.atex'cr; for in’that law printing was certainty unfortunate that any of our citizens should
nnd publication were dircith/ acted on within the States, ami ; league themselves wit h foreigners, and engage in a species
that by the assumption of a power nowhere granted. Unau- of mischief that makes any extraordinary measures neces-
thorized power xvas assumed to x iulate rights reserx-od to . sary, either by tho Slate or general government,
the Skates, xvhtlsl hero xve exercise a power expressly grant- But when men xvere disposed (tie said) to trouble tho
id iu such xvay as to respect the rights of I lie States. Air. j peace of society, they could only bo counteracted by laws.
Iv. took leave of this branch of tlie subject, and proceeded 1 Laws could not ho administered' without officers, and offi-
to notice the second ground: that sudi a regulation xvould ccrs must have soma discret on, nnd it was possible that
assert a power fatal to the rights of the States. • 1 such discretion might be abused. But it xvas difficult lor
Mr. K. sail! that he lmd already slated that ho thought 1 any honest officer to mistake tlie character of these papers,
this a must extraordinary position; and, when considered Tlie power had been some time exercised by tho depart-
in reference to the subject, he still thought so. The Senator men!, and no difficulty .had grown out of it. Unless the
had stated that it xvas perfectly plain that if xve could snv ! papers xvere slrongly marked, they xvero not calculated tu
what xve xvould not carry, xve might sny xvhat xvo would answer their object. Tltcir very tide generally condemned
carry, and enforce its circulation. This might he x'ery them, 't h. y xvere "anti-slavery records,” “emancipa-
plain to the chairman of the committee, but it wos very far tors,” Ac. These xvere easily known when sent in open
from being plain to him (Mr. K.) Propositions, the identity i pamphlet lbrm, nnd it xvr
uf which depended uneasy conditions, were very convenient ; able to prevent any thing
While thus engaged, a fexv of his men had wan
dered a little distance from the main hotly of j sex.
the army, xvhen they discovered an Indian ap- ! company of men of that county, who were ton
preaching on horseback, whom they recogniz- i few in number to attack the Indians, or in any
ed as being old Neah-E-Mathla. He had a j way to arrest their work of butchery upon the
piece of xvhitc cloth tied round his head, and i defenceless families that they came upon.—
a white garment of some sort hoisted upon a | They passed down the southwest side of the
stick, both of which were designed to manifest j Chichasaxvhnchee creek, and killed Mr. Wil-
his disposition for peace. Ho xvas ordered to iiam Jones, his xvife and several children. Mrs.
halt, but gave no heed, until one of the party of Jones was found by the side of a fence, with a
whites had approached xvithin a fexv steps of him small child by her side; the child had its head
and threatented to shoot, when he ‘came to’ broken, and on the approach of the men, open-
and was immediately taken to general Jessup ed its eyes, but closed them in death immedi-
and mad.) a prisoner: he had with him his son ately. Joseph Hollowed and several -of his
and daughter and the niece of Neah-Micco.— children, were found dead, his wife and one
Tiie Uvo females were released—his son is con- daughter were shot down, while endeavoring
fined with him at Fort Mitchell. On being to make tbeir escape in the thicket near the
questioned in relation to the object of his travel, house, and were taken up alive, though badly
at tiie time he was taken, lie stated that his life if not mortally wounded. Mr. Nix with ad his
had been threatened in Itisoxvn camp and that family were killed, except his wife, who at the
he was hastening with all speed to Fort Mitch- time was not with the family. John Pagget, his
ed, where he intended to give himself up: and child and Mrs. Hayes, (a widow lady) were
when niajor M'Intosh was about putting irons among the slain: making thirteen dead bodies
upon him, lie remaiked “you need not do tin’s, that lutd been found before Sunday night. The
fori am friendly;” this statement, however, was Indians had with them, about fifty hotses, and
universally discredited. Tiie opinion upon passed on rapidly. None were scalped, though
which xve roly, is, that he xvas passing from one tlie children were dreadfully mangled, nppear-
portion of his army to the other, it having been ing to have been beaten to death with sticks and
thrown into confusion and disorder by the ap- lightxvood knots. From the report of their rifles,
proach of general Jesscp, of which they xvere there is every reason to apprehend that many
apprised, and that his object xvas to rally and of the citizens of that county, have fallen a
It was
as not expected that wo would* be i unite his warriors and to make them fight: be prey to these monsters in human shape
--•> ....... | ; r - —any thing that should be sealad up ami sub- this as it mav, he is now secured within the thought, that they would cross the Flint River
and! popular xx ub popular reasonera, from the great latitude ;jected to letter postage. With this charge on them, they W . , i «... . ivt .... , J . , . n’t • t
xx liiclii they gnx - e to tho speaker, ami the inexhaustible nta- j xvould circulate them not in such quaruiues as io ptoduce i P lcke!s Fort Mitcheil, and the guard by at Newton, and pass immediately on to Florida,
tonal for argument xvluch they usually afford. By the use excitement. The only hope was to break up tho extensivo I xvhich he is surrounded, are composed of Uncle The inhabitants of Baker and Lee counties,
oi them1 tlio orator could frequently let himself off into a -establishment on Nassau street, from which thi* intlamina- ! Sam’s men and the Avav thev will keen him up niiitlinir tho rnuntrv fiat uc thpv ran
tram oi easy reasoning without any assignable limitation , tory matter xvas sent-not in bags and baskets, but by carl i , ’ aiiU . T ,. y w ‘" . i aie tnc country as last as me) can
whatever. JIo hod the advantages of the theory of tlie j loads, to be shipped off to Charleston and other Southern ” ,r '' 1 ° l ' , “ f 1 J r ~ r "”*
j>ortiiern diver, txvhose name ho had lbrgoiten,) .whose j cities, there to produce excitement, and be destroyed;
theory was that it xx-as just as easy to do one thing as an- j The dangers of this inquisitorial power (he said) were
other. He believed, however, that Ae had furnished a prae- greatly magnified; but admit them, and xvhat belter xvas
licaJ relutatton of Ins own theory in the end; for he had I proposed by the -senator from Massachusetts? Whv, be
.ound it perfectly easy to leap down from on elevation of - proposed that the i-tat 's should legislate, lie nckn’ow-
-.m« n uni. red r.-ei into a gulf of water below, but did not I iedged that the States had full authority over the subject, and
I proposed that they should legislate, and that xve should
safe, will be a caution to the Indians. Since bis 1 get their families removed—some few are fort-
capture a large number of hostiles have come itig where they have arms (ivliicii arc very
in, and given up tbeir arms, and others we learn i fexv) determined to live, or sell tneir lives as
are on their way to different friendly camps.— • dearly as possible upon their own lands.
’ Mfer. and swhti^n laxx
On Thursday morning, 23d instant, general Jes
sup, who was then at Fort Mitchell, received an
nvotd fid* mq’rritonai poxver "in the p»>«: effiee depart- express !rorr) major general Patterson, dated a number of gentlemen w ith their families,
“I was within a few miles on Sunday, of
where these murders were committed, and saw
from the immediate neighborhood; all corrobo
rating iu tbeir statements, ol xvhat xvas transpir
ing, and xvere all pressing on to get their fami
lies out of danger. If arms and men, are not
sent to that part of the country soon to restore
confidence, and protect the defenceless inhabit
ants. from tlie incursions of these savages, there
will not boa family left in Lee or Baker coun
ties, fur the Indians to wreak their vcngcnce
upon.”
We have just learnt that genera! Scotf has
detach ’d fixe "companies, of mounted men, a-
mong them, the Bibb cavalry, in pursuit of the
Indians that committed ihe depredations in Ba-
k:’r county, on Saturday niglu last. They are
under the command of colonel Alford, and have
received orders to follow the enemy, night and i
day, and if necessary, even to the banks of the
Withlacoochee. Our informant is of the opinion
that these are not Jim Henrvs Indians, who, he
thinks, is still in the swamps, on the Chattahoo
chee, entire'y circumvented by the whites, and ,
without the least chance of escape.
From the Columbus Sentinel, 1 si instant.
We earnestly call the attention of the public,
and particularly such of our follow citizens of
Georgia, xvho have suffered in ant/ u-iy, by the
hostilities of tlio Indians now at Fort Mitchell, j
and being brought there, to the order of bis
excellency, published in our paper today. By
this order, it lies in the poxver of our people who
have sustained any injury, either from a loss of
fiicnds, or property, to go fot ward immediate
ly, and identify the persons of the Indian or
Indians, who committed it, nnd have them turn
ed over to the proper authorities for punish
ment. We understand, that in accordance j
xvith this arrangement, our fellow-citizeu, gener-1
al James C. Watson, lias gone forward and j
identified a number of the rascals who shot his
negroes some little time back. We also learn
from the general, that he had but little difficulty
in ferreting out the right ones. VVe say, let
every inan who feels himself aggrieved, go for
ward and do likewise. It is proper to remark,
that these hosiiles are kept and fed at a con
siderable expense, and have to be well guarded
da}’ and night, so what is done in collecting the
evidence of their guilt, must be done at an early
day as possible. We hope our people will look
to this, and not let an opportunity slip without
making an effort to justify the ends of justice.
Head-Quarters, Georgia,
Columbus, 28ih June, 1826
ORDER.—The rommanJor-in-rhief bring anxious to
tiring to trial and punfeluitent, according to laxv, al! tho Crock
Indians xvho have committed murder or other crimes, within
the jurisdiction of Georgia, intends to demand from the
oflie rs having them in custody, all against xvhom proof of
crime can he obtained. Those persons, therefore, who have
snff-r'd by the conduct of these savages, and others who
know any facts upon xvhich such demand can be made, are
requested to furnish the necessary evidence to the rant-
mandrr-in-cliief. Many of these Indians are said to be a-
raong those now in confinem -nt at Fort Mitchell.
By order of the commander-in-chief.
SEYMOUR R. BONNER, aid-de-camp.
An express came in to the governor last
night, bringing intelligence of the escape of the
hostile Indians, probably under Jim Henry, and
that on their way through, they have murder
ed fourteen whites. General Scott, it is said,
srarted off n company of mounted men after
them, but tlie Indians were two days ahead; but
little prospect is entertained of overtaking them.
The express states, that the supposed number
of the Indians were near three hundred, and
they xvere well mounted, Arc. The Indians
crossed the Chattahoochee three miles only be
low Roanoke, and thus xvith an army opposed
to them of nearly five thousand effective men,
and in their very midst, have these desperadoes
escaped, carrying death and destruction in their
tKain. In justice to governor Schley, we are
happy to stale, that some time since, anticipat
ing that the Indians would escape whenever
they got hard pressed, lie took the precaution
to order genera) Wilcox, of Telfair county, to
have a sufficient armed force stationed in Baker
county, to intercept them, and that the men who
were thus ordered for this purpose, absolutely
refused to be commanded by general Wilcox,
and have thought proper to disperse, in defiance
of every efibrt of general Wilcox to the con-
trary. If necessary, we will publish the order
of his Excellency to general Wilcox, and the
correspondence between the parties, which
will entirely exculpate governor Schley from
blame.
We have just had an interview with major
John J. Slatter, direct from Fort Jones, who
gave us the intelligence that information had
reached that place yesterday, previous to LU.
leaving, that colonel Thomas Holmes, of Baker
county', with his command of one hundred
and twenty-five men, had overtaken tho Indians
near tlie Florida line, and was giving them
battle. In consequence of the Indians having a
superior force, he xvas fighting, retreating and
advancing, intending thereby to hold them at
bay until he could bo reinforced. The bearer
of the information further stated, that he had
met colonel Bell with txvo hundred and fifty men,
in twenty miles of him, pressing with all speed
to his assistance. The probability is, therefore,
that the scoundrels xvill yet be brought to jus
tice. Lord send it.
Copy of a letter addressed to his Excellency
the governor, by captain Mitchael Heinz, of
Baker county, which is to the folloxving pur
port:— ,
“I moved out to the Pattaula from the river,
in order to get forage for my horses—I arrived
there at 8 o’clock, and at 11 o'clock, I received
an express from captain Odum from Cuthbert,
in Randolph county, that there xvas a largo
body-of Indians seen near that place on the
evening before. I xvent to Cutubert early the
next morning, and found ihe trail of the Indians,
and about three miles distant. 1 found a man
that they had shot by the name of Parkman. I
continued my route to the third district of Baker
county, distant seventy-five miles, and got in the.
neighborhood of the enemy, when the Randolph
company and more than half of my oxvn left me,
and I could not muster more than txventy.one:
in the morning the enemy commenced their
march, and being about three hundred strong,
I continued in their trail without their knoxving
of it, in hopes that I xvould get stronger, as 1
had sent out for troops to join me; but before
tlie sun xvas one hour high, the Indians com
menced attacking /amilies, and of course there
xvere none to join my small force. They have
killed Mr. YViliiam Jones and Mr. Nix and
wife and four children, Mrs. Hayes, Mrs. Hallo-
well, and daughter mortally wounded. I sent
out tny small force to collect all the county to
come by 10 o’clock to stay the hand of death.
We are in a desperate situation, and a prey to
to the enemy.”
Movements of General Jessup. General
Jessup left the village of Tuskegcc, in Macon
county, Alabama, on the Gth instant, with eight
hundred whites and five hundred friend!}' war.
riors, tinder Jim Boy. His object xvas old
Nenh-F.-Math!a’s camp, xvhich he reached, af
ter some detention, on tlie 11th. Tlie third
day of tlie march, tlie nrmy feil in with old
Ne-ah-Mathla arid son. This old xvnrrior xvas
crossing the road xvith his son and Ixx^squaxvs
(his son’s wife and his own daughter,) findin'*
himself overpowered by numbers he gave up.
It seems that he was on his way to his camp,
(as lie afterwards said.) and had it in contem
plation to attack the army the next day. On
the fourth day the army rested—a parry ( ,f (] le
friendly Indians got leave to visit Nehn Micco’s
camp, took twelve prisoners, and killed one of
the em my. On the fifth day, the Indians xveut
to Neha Micco’s camp, taking one hundred hora]
of cattle and fifty hu-ltels of corn. On tlm/};],
dav. the army visited No-ha-Mathla’s
camp
again, general Jessup occupying the ground in
front of the camp, while the friendly Indians
entered the sxx’amp in the rear, and drove for
the enemy. Tne whites waited very patientlv
until near dark, without any news of tho hos.
tiles: considering it too dangerous to remain
there during the night, they xvithdrexv to their
camp. In a very short time after the general
had left, the friendly Indians routed the ho-eues,
and gave chase, and drox’e them out sure c-
nottgh nt the very point where the whites had
been stationed. A slight engagement between
the hostiles and friendly Indians occurred—throe
of ihe enemy xvere killed and ten taken prison*
ers, together with twelve negroes. * One of the
friendly party xvas killed, but the Indian xvho
shot him was afierxvatds taken and put to death
by the friendly Indians, being literally torn to
pieces, every one trying to put a ball through
him. On the seventh day, general Jessup re-
ceix'ed word that a large hostile party were
ready to sui’^rder—he sent them xvord to coine
in, which they did on the next morning, to the
number of one thousand or more, xvith forty ne.
groes, and a large number of horses and mu'-s.
The friendly Indians xvent to their camp and
brought off all their ill gotten plunder. The
army then marched for Fort Mitchell, at which,
they arrived on the same day. On Frida} last
general Jessup, with a party of Indians, sallied
forth for Jim Henry’s camp, distant fifteen
miles; arrived in time to take fifty prisoners,
xvith a number of horses and mules, hut too late
to nab the far famed Jim Henry—he got off
clear, but it xvas a hair-breadth escape. This
fiend in man’s shape, is said to be badly wound
ed in one of his shoulders, received at tlie bat
tle at Dr. Sheppard’s by some of captain Gar-
many’s company, and xvhich may have been
done by the brave captain G. himself, as he
says he took sevetal fair pops at him.
O ’ Monday last general Jessup’s army mov
ed ftotn Fort Mitchell and xvill occupy a station
at Long’s plantation, near the half-way ground
betxveen this and Tuskegee, having taken since
he left Tuskegee about twelve hundred hostile
Indians, a goodly number of stolen negroes,
horses and tnules, and a deal of other plunder.
He deserves well of his country.
Nothing has been heard from general Scott’s
movements sinqe l' e crossd the Chattahoochee
at Roanoke, (on Ftiday last.) ITp is no doubt
in pursuit of Jim Henry and his diabolical gang.
We are likewise without any information re
specting the movements or achievements (if
any) of general Moore and his Mobile army.
United. Stales' Marines.—The first battalion
United States’ Marines, under the command of
colonel Henderson, is now stationed nt ca;»(>
Henderson, fifteen miles below Columbus, on
the xvestern bank of the Chattahoochee. The
battalion arrived nt this place on the 23d in
stant, having left Washington City on the first,
and Augusta on the 10th; ma.citing from Au
gusta to this place in fourteen days, a distance
of txvo hundred and twenty-four miles. Ou
their arrival here, orders xvere received from
general Scott to proceed to their present sta
tion xvith all possible despatch,aud there erect
a strong picket xvork as a place of deposit for
provisions, &c. for tho eastern wing of the ar-
my. Since their arrival there, tlie officers and
men have all enjoyed good health and spirits,
and pursue their work with vigilance and
promptness. Their location being in tlie most
exposed part of the enemies’ country, it is a
great privation for them to be confined to the
monotonous duties of the camp, though will
convinced of the importance of their present
work. Their camp has been for txvo succes
sive nights roused by Indians lurking about, and
approaching the picket sentinels xvithin a fexv
yards, when they were fired on and pursuit im
mediately given, but no tmosgof ihnm rnulit he
found. Last night, after the roll of tiie drum
had ceased, a whoop was distinctly heard up
the river, xvhich no doubt was a signal to a par
ty above. On Friday morning last, a negro
boy, xvho had escaped from the Indians that
morning, and xvho had been a prisoner some
five or six xveeks, was brought into the camp
by captain Love of the Georgia volunteers.—
He stated that a party of twenty or tiiirt} ad
camped the night before within six or seven
miles, aud had left that morning for a large
swamp not far off, no doubt Cowagce swamp,
and that lie suxv Jim Henry that day, xvho ad
vised them to go as soon as possible, and that he
had been badly wounded in the shoulder. Cap
tains Twiggs and Dalaney’s companies, togeth
er with a company of Georgia volunteers, un
der captain Lox’e—tiie whole under the com
mand of captain Twiggs, xvas immediately des
patched in ilopes of overtaking them, but with
out success. They soon came upon tneir aban
doned camp, found their fires burning and meat
cooking, and every thing about indicating a
sudden departure. A negro man xvas taken in
the vicinity of the camp, xvho, with great reluc
tance, gave himself up. He xvas armed xvith
a musket, twenty balls, and a pocket full of
poxvder. . lie xvas much frightened, out seemeu
determined to communicate as little as possible;
but as far as he did tell, lie corroborated ib e
statements of the boy. The party took a num
ber of horses belonging to the Indians, and a va
riety of ornaments, xvhich they in their hurry
had left behind. There is but little doubt that
the Indians are concentrating some where W
; that vicinity, and will make a desperate effort to
cross the river; if they do, they may bo assured
the troops noxv there xvill give them warm
work.
Head-Quarters, Georgia,
Columbus, June 27th, 183®.
The commantler-in-cliicf has seen in th© public gaz' ttK.
a tetter written by general Irwin of Alabama, to goners*
, Wilcox of Georgia, in which he says. “Information of t* 10
I most positive character has been received from Fort Joncri
1 near Roanoke, that a large party of Indians cross' d tu e
river yesterday afternoon, (the Uih instant) say about O'®
thousand, and are now on th**ir march io Florida I ,!l ?
statement lias caused many ;>ersons to leave their homes ani
property, although in truth, general Irwin wrg misinform**
on the subject, as the number that ?ros>s< d the river il.u no ,
I exceed txvo hundred amt fifty, ant! they met wi:h sued ^
! warm reeeption from captain Garmany, major Jernigari f-'
I eapiain Bull and tlie brave men under their c< rant -* - ■ 1 *
they abandoned the trip to Florida and returned to Ala! ***® 1 '
The Indians have made severe! attempts to pass throng j
Georgia to Florida, but have not succeeded. And **3 soo
ns they discovered that such retreat was cut off hy ■ j