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EDITED BY TIIOttAN ILIYMIS. lISQ VOS,, fits. NO. 32. ■r3\f C. !G. iAO.B iiSLSO M, Publisher (By Authority,) of Ike Laus, of the I nited States: Olftce on (Greene Street. nearly oppo site the Market. Issued cvciv I’uesday morning,at ly.> per annum No subscription taken lor less han a year and no paper discontinued, but at the option of the publisher, until all arrearages a;e paid. Advertisem.'sts conspicuously inserted at the usual rates—thos<> not limited when banded in. will be inserted ’till torbid, and charged accord ingly. CHANGE OF DIRECTION. 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[By A*thoriy.] —C. > ekV. LAWS OF THE UNITED STATES* | PASSED AT THE TWENTY-FOURTH CONGRESS,’ FIRST SESSION. [Public. —No. 63.] AN ACT making appropriations for cer tain fortifications of the United States for’ the year one thousand eight hun dred and thirty-six, and for other purpo- I ses. Be it enacted by the Senate anti House of Representatives of the United Slates of A tncrica in Congress assembled, That the fol lowing sums be, and the same are hereby,' appropriated, to be paid out of any’ ttnap- ! propriated money in the Treasury for cer tain fortifications, viz : For the preservation of Castle Island I and repairs of Fort Independence, Boston : harbor, one hundred thousand dollars. For Fort Warren, Boston harbor, two ' hundred thousand dollars. For Fort Adams, Rhode Island, two hundred thousand dollars. For Fort Scbtiy ler, East river, New York, two hundred thousand dollars. lor repairs of Fort Columbus and Cas-j tie IV illiams, and officer.’ quarters, on Go vernor’s Island, New York harbor, twenty thousand dollars. For Fort Delaware, Delaware river, ’ one hundred and fifty thousand dollars. For Fort Calhoun, Virginia, one hun dred and fifty thousand dollars. For Fort Casswell, Oak island, North ' Carolina, sixty thousand dollars. For fortifications, Charleston harbor, ! South Carolina, and preservation of the site > of Fort Moultrie, one hundred and fifty thousand dollars. For Fort Pulaski, Cockspur Island, Georgia, one hundred and seventy thousand dollars. For Fort Pickens, Pensacola, Florida, ( fifty thousand dollars. For the Fort at Foster’s Bank, Florida, ’ one hundred and sixty thousand dol flars. For incidental expenses attending repairs of fortifications, and for the purchase of ad ditional land in their neighborhood one hun dred thousand dollars. I’ or contingencies of fortifications, ten ’ thousand dollars. For the purchase of land and the right rof way on Throg’s Point, in Long Island 'Sound, being the balance of the appropria tion of one thousand eight hundred and twenty-six, carried to the surplus fund the first of January, one thousand eight hundred and twenty-nine two thousand dol lars. And the following sums, necessary to close accounts in the office of the Third Au ditor ; viz : For a fort on Cockspur Island, Georgia, two thousand three hundred ami eight dol lars and fifty-six cents. For contingencies of fortifications, sixty one dollars and eight rents. For fortifications at Pensacola, one thou sand two.hundred anu twenty-three dollars and thirty-one cent-. For the armament of fortifications, in addition to the amount included in the bill making appropriations for the support of the army for one thousand eight hundred and thirty-six, including cannon; mortars, ho witzers, gun carriages, mortar-beds, pow der, cannon-ball-, shells, ami for the trans porlationjof ordnance and ordnance stores ; and for the purchase of twenty acres of (ami adjoining the Kennebec arsenal, Maine; ami the purchase of Jami and enclosing the rear of public ground with a brick wall and coping at the Frankford arsenal, Penn sylvania : and constructing a forging simp je ®ffttfet6 rs Wit® one story high, seventy-five by forty feet, of brick, at the arsenal, Watertown, Massa chusetts; and in the purchase of a steam engine of eight-horse power ; and for the quarters of officers, at I’ ort Monroe arsenal, lour hundred thousand dollars. I or I’ ort McHenry, Redoubt Wood, and Covington Battery, near Baltimore, fifty thousand dollars. For Fort Monroe, one hundred and fif ty thousand dollars. I or tile repairs of Fort Marion, and the seawall at St. Augustine, Florida, fifty thou sand dollars. For knapsacks and camp equipage, au- I thorized by the act approved nineteenth of March, one thousand eight hundred and thirty-six, for volunteers or militia, ' fifty-two thousand seven hundred and five dollars. For accoutrements for the army, one hun dred ami two thousand three I‘undred and ' live dollars. * I I or the purchase of sites, and the con- ■ struction of arsenals, for the deposite of ! arms in Arkansas, Missouri, and at Mem phis, in Tennessee, forty -two thousand two Inndrcd and fifty-six dollars ; Provided, ■ That the cost of such arsenals shall imt exceed, fourteen thousand dollars : each. For the purchase of twenty-eight fireen- I g lies, and the necessary apparatus, tvventy- I two thousand four hundred dollars. For store-houses at Newport, Kentucky, ■ ore thousand five hundred dollars. For purchasing seven acres of land, in clading the site of the powder magazine at tached lo the arsenal at Saint Louis, Alis soiri, Provided, the same shall be ascertain ed not to be on land of the United States, two thousand one hundred dollars. For erecting a piazza in front of the buil ding occupied as barracks by the troops at Augusta arsenal, Georgia, four hundred and fifty dollars. Forbarracks, quarters, store-houses, hos pital, stables, and materials for the same, at ’ Fort Jessup, Louisiana, twenty-five thou- I sand dollars. For rebuilding the wharf, and materials; for the same at Fort Wolcott, Newport, I Rhode Island, five hundred dollars. For constructing a wood yard, and a wood yard wharf, and for materials for the j same, at Fort Monroe, Virginia, one thou sand dollars, For constructing a wharf, and for materi- ’ als for the same, at Fort Steven, Mary land, one thousand dollars. For rebuilding and repairing barracks, ■ quarters, the hospitals, store-houses, and I materials for same, at Fort Brady, Michi gan Territory, five thousand dollars. For the purchase of land adjoining Fort Sullivan, and the buildings thereof, three ibo'isam! seven hundred and fifty dollars. For the following objects, in addition to former appropriations for the same : For national armory at Harper’s Ferry, j seventy-seven thousand eight hundred and ninety-seven dollars. For national armory at Springfield, forty five thousand dollars. For the purchase or manufacture of light brass and iron field artillery, and for con struction of field artillery carriages, caissons, and travelling forge-;, one hundred and thirty-seven thousand one hundred and nine ty dollars. For the construction of furnaces for beating cannon bails, twelve thousand dol lars. Sec. 2. And be it further enacted, That ’ the President of the United States is hereby j authorized, under the restrictions of the act ol tlie first of May, eighteen hundred and twenty, to make transfers from one head of appropriations for fortifications, to that i of another for a like object, whenever, in I his opinion, tlie public interest shall require! it. Sec. 3. And be it further enacted, That tne several sums of money appropriated by this act and all other sums which have been or may be appropriated during the present i session of Congress, shall be drawn from ’ the Treasury, or paid over to the dishtir- , *ing officers or agents of the Government,’ only as the same may be required by the several objects of expenditure authorized by law. JAMES K. POLK, Speaker of the House of Representatives ’ W. 11. KING, 1 resident of the Senate pro tempore. Approved, July 2d, 1836. ANDREW JACKSON, AN ACT. I half pay to widows or orphans where their husbands and fathers have died of wounds received in the military sen ice ol the I nited States in cer tain cates, and for other purposes. /> it enacted by the Senate ami Ilouseof\ Lcprcscnlalias of the I nited Stales of A- ' m'-rica. in Congress assembled, That when any (officer, m>n-< ommi-sioned officer, mu sician or private of the milita, including r.mgcisea fenciblcs, ami volunteers, shall have died while in the service of tlie United states, since tlie twentieth of April, eighteen Immlred ami eighteen, or who shall have died in conseipiem e of a wound received whi!,t in the service, since the day aforesaid, •uh .? di nave left a wi(.l*>w, or, if no widow, a child or children under sixteen years of age, such widow, or if l)0 wirlcw,. sinh child or children, shall be entitled to receive half tile rnontlily pay to which the deceased a i- entitled at the time of his death or re-| •j iving s ich wound, for and during the , term ol five years ; and in case of the death > (a marria'ie of said widow before the expi ration of said'fiveycars, tlie half pay for the | lemaimlcr of the time shall go to the said , dsi emlent : Provided, That the half pay : forc-aiid shall be half the monthly pay of the officers, non-commissioned officers, mu-1 siciiins, and privates of the infantry of the ’ ii'gular army, ami m> more; Prt/vidcd al~\ MttJLEDlßlEyttlLiE, CfrEORCrIA, TUESDAY MORNINCr, AUG-UST 23, 183«. I so, That no greater sum shall be allowed j lo the widow, or the child or children of any officer than the half pay of a lieutenant I colonel. Sec. 2. Andbc it farther enacted, That ! it any officer, non-commissioned officer, niu ! sician, soldier, Indian spy, mariner, or ■ marine, whose service during the revolu i tionary war was such as is specified in the | act passed the seventh day of June, eighteen I hundred and thirty two, entitled “ An act I supplementary to the act for the relief of certain surviving officers and soldiers of the revolution,” have died since the fourth day of .March, eighteen hundred and thirty one, and before the date of said act, the amount of pension which would have accured from the fourth day* of March, eighteen hundred and thirty one, to the time of his death, and become payable to him by virtue of that act it he had sun ived the passage thereof,shall be paid to his widow ; and if he left no wi dow, to his children, in the manner pres cribed in the act hereby amended. Sec. 3. And be it further enacted, That if any person who served in the war of the revolution, in the manner specified in tlie act passed tlie seventh day ol June, eighteen I hundred and thirty two, entitled “An act supplementary to the act for the relief of certain surviving officers and soldiers of the revolution,’ have died leaving a widow, whose marriage took place before tlie ex piration of the last period of his service, such j widow shall be entitled to receive, during : the time she may remain unmarried, the an nuity or pension which might have been al ’ lowed to her husband, by virtue of the act i aforesaid, if living at tlie lime it was pass ed. Sec. 4. And be it further enacted, That any pledge, mortgage, sale, assignment, or transfer of any right, claim, or interest in any money or half pay granted by this act, shall be utterly void and of no effect; each person acting for and in behalf of any one, entitled to money under this act, shall take and subscribe an oath to be administered bv the proper accounting officer, and retained i by liim and put on file, before a warrant ! shall be delivered to him, that he has no in terest in said money by any pledge, mort ’ gage, sale assignment, or transfer, and that ’ he does not know or believe that the same 1 has been so disposed of to any person what ever. Sec. 5. And be it further enacted, That the Secretary of War shall adopt such forms i of evidence, in applications under this, act, j as the President of tlie United States shall prescribe. Approved, July 4lb, 183 G. War Department, ) Pension Office, July 1839. ) In order to Jcarry into effect the act of Congress of the 4th July, 183 G, entitled ' “ An act granting half pay to the widows or orphans where their husbands and fathers have died of wounds, received in the milita ry service of the United States, in certain cases, and for other purposes,” tlie foliow ing rules have been prescribed by tlie Presi dent of the United States, and adopted by the Secretary of War ; and they are now published for the information of applicants under that law. 1. Applicants under the first section of the act must produce the best proof tlie na ture of the case will allow, as to the service of the deceased officer or soldier; the time when lie died, and tlie complaint of which lie died, and the supposed cause of his dis ease. It must be clearly shown in what company and regiment or corps lie served, and the grade he held. Such proof must be had, either from the records of the War Department, tlie muster rolls, the testimony ’ of commissioned officers, or the affidavits of i persons of known respectability. From | similar sources evidence must be derived as i to the period and cause of tlie death of the I officer or soidier. 2. Tlie legality of the marriage, the name ’ oflhe widow, with those of her children, who may have been under sixteen years of age ! at the time of tlie farther’s decease, with the ’ State or territory and county in which she and they reside, should be established. Tlie legality of the marriage may be ascertained by tlie certificate of the clergyman who join- j ed them in wedlock, or the testimony of re- i spectable persons having knowledge of the ' fact. Ihe age and number of children may I be ascertained by the deposition cf the mother, accompanied by the testimony of j respectable persons having knowledge of I them, or by transcripts from the parish re- j gisters, duly authenticated. • Tlie widow at I the time of allowing the half pay, or pla- I cing her on the list for it, must show that shs j has not again married; andmust moreover re- 1 peat this at the time of receiving each and I every payment thereof, because in case of her marrying again, tlie half pay seases, j ami tlie half pay for the remainder of tlie ' time dial! go to tlie child or children of the ! decedent. This may be done by the af-lida • ! vits of respectable persons having knowledge 1 of the case. 3. In cases where there are children and no widow, their guardian niil of course act ’ for them ; establish their claims as prcscrih-i ed in tlie fore, going regulations, and re- j ceive their stipends for them. 4. Applicants under the second section of I the law will make a declaration before a ! court of record, setting forth according to 1 the best of her or their knowledge nr belief, Lie imnies ami rank ol tlie field and compa ny officers : the day (if possible) ami the, mouth Jami year when the claimant's hus baud or father (as the case may be) entered ' the service, and the time when he left the I same ; and if under more than one em’-atio ! ment, the (iaimant must spe( ;fy the partic ular periods, mid the rank and names of flic officers under whom the service was per- : formed ; the town or country, ami State, in which the claimant’s husband «r father re- ! sided when he entered the servile, whether he was drafted ; was a volunteer or substi tute ; the battles, if any, in which he was I ifttr Conscience—-Oirr Coutifrrj—tiarr I engaged ; ’he country through which he marched, with such further particulare as may be useful in the investigation of the claim; and also, if the fact he so that the claimant has no documentary evidence in support of’ tiie claim. 5. The same of proof as to the relationship of the claimant to the de ceased officer or soldier will be required as the rule under the first section points out. 6. Claimants under the 3J section of the law' must not only produce such proofs as the foregoing regulations direct, in relation to widows’ claims, but they must in all ca ses, as an indispensable requisite, show when they were legally married to the de ceased officer or soldier, on account of whose services the claim is presented, mid the marriage took blace before' the of service of the husband must also prove that they were never afterwards married. 7. In a case where the service of the de ceased officer or soldier is clearly proved, by record or documentary evidence, or the affidavit of a commissioned officer, showing ' the grade and length of service of the de- I ceased, the particulars in relation to the I service are not required to be set forth in ■ tlie claimants, declaration, except so far as I to show’ that the claimant or claimants is’ I or are, the widow or children of the deceas -1 ed. 8. The claimant must in every case where ; there is no record or documentary proof of j the revolutionary service of the" deceased ’ officer or soldier, produce tlie testimony of at least one creditable, w itness. Traditionary i evidence w ill be deemed useful in every such I case. 9. Applicants unable to appear in court I by reason of bodily infirmity, may make tlie ’ declaration before required, before a judge I or justice of a Court of Record of the coun try in which the applicant resides, and the judge orjustice w ill certify that the applicant cannot, from bodily infirmity, attend the court. 10. M henever any official act is required i to be done by a judge or justice of a ! Court of Record, or by a Justice of the ! Peace the certificate of the Secretary of 1 State or of tlie Territory, or cf the proper . clerk of the court or county, under his seal j of office, will be annexed, stating that such ! j a person is a judge orjustice of a Court of' i Record, or a Justice of the Peace, and that | the singular annexed is his genuine signa- i I Hire. | 11. Tlie widows of those who served in ’ the navy, or as Indian spies, will produce * proof as nearly as may be conformable to : tlie proceeding regulations, and authentica ted in a similar manner, with such variations i as tlie different nature of tlie service may re- I quire. 12. Ihe form prescribed for claimants un der the .‘LI section of the act will lie observ- i ed by every other description of claimants, so fur as the same may he applicable to their ■ cases. The Judge or Justice who may ad- ; j minister an oath, must in every instance , certifiy to tiie creditability of the affiant. j 13. In every case in which the deceased ’ officer or soldier was a pensioner, the fact ! should be so stated, and the deceased pen- ( sioner so described as to enible tiie De partment to refer immediately to the evi dence upon which iie was pensioned, and thus facilitate that investigation of the claim of his widow or children. JAMES L. EDWARDS, Commissioner of Pensions. DECLARATION. -in order to obtain the benefit of the 3d sec tion of the ad of Congress of the Ath J ill if, 183 G. • Sta'j e, Territory, or District ) of r ' Oo this day of ,personally ap- ’ peared before the , of the ! , A. B. a resident of of I the country of an( ] State, ’ Territory, or District of , aged years, w ho being first duly sworn according ; : to law, doth, on her oath make the following j declaration, in order to obtain tlie benefit of i • the provision made by the act of Congress, ' passed July 4, IB3G. That she is the wid- ! °' v , who was a [here in- I sert the rank the husband held in the army, i navy, or militia, as the case may be, and ’ specify the service performed, as directed in j j paragraph No () ( these regu- i lations.] ° Sue further deciares that she was married Ito the said #O n the day ! °* , in the year seventeen hundred and that her hns- bantl, the aforesaid , died on the ' . day of ; and | that she has remained a widow ever since j j that period, as will more fully appear by re ference to the proof hereto annexed. I .Sworn to and subscribed, on tlie day and ’ ’ year above written, before- . A ugtist 23 32 2t j Printers of the laws of tlie United j States are requested to puhli-h the forego- ! ing advertisement for two weeks in each of) their respective papers ; and send their ac counts to the Pension Office for settlement. ’ COTTON BAGGIN«7“ '”‘ vj l: " ssi, ' s f “ AICHtILS A. DEMIXG. Tl <> the Citizens of BeKaib <t ioniitj. GAIN fellow-citizens i am before yon a ean -IjSA diilale for a seat in the State 1 i Jatm - :;. ! • decni it proper thus publicly t'» announce myseli'l in consequence of the nomination v. lii, h a portion of the party, of which I am a member, have made. With tinsnoinimition my friemls have ex pressed di-satisfaction, and r; <]U' sl< d my coni'm ttaiice as :i candidate before the peopl", and J |>c licving as they do, that il is theirs, and the people’s rij htto vole for a < aiididate for office, (if it suits tle ir views and propriety) notwithstanding he may by niatiagcmenl. he caucussad don n, have c<m-.eiU(’d to cotilinuo a ( aiididate, pledgin'' my self t;> the citizens of Di kali), if eletUetl, to do till to advance their’s ami tiie State's interest, which my feeble abilities will enable me. MOSES 3ILRJ-HY. j August 11, 18JI), —qq I SPEECH OF Mr.. HAYNES, OF GEORGIA. In the House of Representatives, June 27 1836. The Resolution calling, on the President of the United Slates for information rela tive to the Treaty .lately concluded 'trilh the Cherokee Indians, being under con sideration— Mr. lIAYNE S rose and said : Mr. Speaker, I had hoped that I should never again be involved in a general dis ' cussion of the Indian question ; but thealle | gations, violent gratuitous, and unjust, which have been preferredogainst the State j of which I have the honor to be a • ’ tative, by an honorable member from Mass. ! (Mr. Adams,) make it my solomn duty to re : pel the assault, and to roll it back upon the i assailant. 1 regret, sir, exceedingly, that the honorable gentleman whatever may have been his motive, (and that motive I shall , not now attempt to investigate,) should, have thought necessary in the discussion of la bill protiding for the faithful performance ol the treaty w ith the Creek Indians of the I 24th March, 1832, to revive the exploded j charges of injustice and oppression on the part of Georgia towards those Indians. Be fore proceeding to the discussion of the sub ject, I may be permitted to say, that the regret expressed by (he honorable gentlc . man, reminded me strongly of the occasion on which be uttered the same sentiments because he could not again throw back upon the people the choice of Chief Magistrate, j As this historical reminence was involuntary j I trust the committee will bear with me for ! expressing it, not intending lo inqire into . his motjve at the one time or the other. It ’ is impossible to do justice to the defence in , which I have been, reluctantly, involved, i without presenting a brief outline of the i political history of this country in its colo nial, revolutionary, and present state. The i Colonies, which afterwards became the ori | gmal thirteen States of this Union, were ei ther settled or acquired, by the Government or people of Great Britain. Deriving their ■origin principally from a common ancestry, siniilarinstitutions were common to them all. Among the number, Georgia, as is well know to every one familiar with American history, was tlie last Colony planted by the ! mother country. In all the charters granted by Great Bri- I tain to the Colonies, the principle was as- ■ sinned, if not directly expressed, of the ab i solute right of colonizing nation both to soil ’ and jurisdiction of the countries thus colo ’ nized. It may perhaps have been hereto ’ lure contended,that the question oflimits be ’ tween the European discoveerrs of this conti- ■ nent had no reference to their right of soil or jurisdiction in respect to the aboriginal inhabitants. But tfie slightest examination of the colonial charterswill dissipate such an assertion in a moment. In no one instance is it believed, did the Government or colo- ■ nisls of Great Britain base their right to set- I tie this continent on the previous permission >of its orignal possessors. Not intending i to trouble the House any longer than may be indispensible to the performance of my i present duty, I forbear such references to the colonial charters as would clear mv po sition ol tiie slightest reasonable doubt.— T he Colony of Georgia then was placed on the same footing with her elder sisters in respect to the right of her people to a re sidence on this continent. As there were aboriginal inhabitants in all the original Colonies, it became necessary at an early period of the existence of those Colonies to establish some general principle of action to wards them. Audit is believed bv the pre sent speaker that the principle generally adopted by the Colonies on that subject cannot be better illustrated than by refer ence to the doctrine said to have been deliver ed by a distinguished citizen of Massachu setts on the anniversary commemoration of the lauding of the pilgrims at Plymouth in Massachusetts, on the 22d day of Dec. 1802. That distinguished individual is re j ported to have said on the occasion refer icd to that, “ ihe Indian right of posses ! sion itself stands with regard to the greatest part ol tne country, upon a questionable foundation. Their cultivated fields, their constructed habitations a space of ample J sufficiency for their subsistence, and what j they had annexed to themselves by their personal labor was undoubtedly by the laws of nature, theirs. But what is the right of a huntsman to the forest ofa thousand miles, over which he lias accidentally ranged in quest of prey? Shall the liberal bounties of Providence to the race of man be mono polized by one ol a thousand for whom they j were created? Shall the exuberant bosom lof the common mother, amply adequate to the nourishment of millions, be claimed ex- I c.lusively by a few hundreds of her off j spring? Shall the lordly savage not only ■ disdain the virtues and enjoyments of civii- ■ izatioti himself but shall he control lhe ci- vilizatlion of the world ? Shall he forbid the wilderness to blossom like (he rose?— Shall be forbid the oaks of the forest to fall before the axe of industry and raise again i transformed into lhe habitations of ease and elegance ? Shall lie doom an immense re- ’ giou of the globe lo perpetual desolation, ! and lo hear the howling of the liger and the I wolf silence f’oreverthe voice ofhuman glad- | ness? Shall the hills ami valleys, which a , heneficieut God has formed to teem with the life of iniimnerable multitudes, be con demned to everlasting barrenness ? Shall the mighty rivers, poured out by the bands of nature, as channels of communication be-1 tween numerous nations, roll their waters in sullen silence ami eternal solitude to the leep! Have hundreds of commodious harbors, a thousand leagues of coasts, and | a boundless ocean been spread in front of j tins land, am! shall every purposes of utility ’ to which they could apply be prohibited by he tenant of the woods? No, generous I philanthropists ! Heaven has not thus’ placed at irreconcihibie strife its moral ’ lil» S With its physical creation !” ’ ' Could the principle which regulated the Colonies from their earliest day of strength and beyond which Georgia has never gone have been more forcibly expressed, or elo quently illustrated than in what I have just ■ quoted? Can it be that in such wide sweeping assertion ofcolonial right the mind of the orrrator had narrowed its vision to the horizon of New-England and the defence of his own puritan ancestors ? Who, that lias heard the announcement of such a principle could fora moment imagine that the mind which had adopted and the tongue which ex pressed it with such eloquence and force, should now utter unmeasured denunciation against Georgia for having acted short of the extent of his ow'n principle ? Thtif principle if his illustrations any weight, goes the whole length, not only of the forcible dispossession of the savage of every thing but his home and little spot of cultivation together with such personal trifles as his labor has appropriated but sanctions his entire ejection from it all.— But it is not here necessary to dwell longer on the abstract doctrine of the honorable member from Massachusetts, (Mr. Adams,) as contained in his anniversary oration at Plymouth in 1802. 1 shall now turn my attention after a word or two upon the subject of the terri torial limits created and established by the several colonial cliar ers of the old thirteen States, and as confirmed by various public acts since the commencement ofthe revolu lution, to the manner in which various Col onies, particularly those in the middle and northern portions of this country, carried out the doctrine maintained by the honora ble gentleman in 1802, in their legislative enactments for the government of the In ndian tribes within their several limits. In proof of this assertion it is only necessary to advert to the statutes of a majority of the Colonies on this subject. That Massa chusetts considered Indians only entitled to tlie land improved and inhabited by them is shown by a colonial law of 1833, “ For settling thelndians’ title to land in this (that) jurisdiction,” in which it is enacted, '“That what lands any cf the Indians in this juris diction have possessed and improved, by subduing the same, they havejust right un to.” “ And be it further ordered by this court and the authority thereof, and be il hereby enacted, That ail that trad of land within this jurisdiction, whether already granted to any English plantations, or persons, or to be granted by this court, (not being un der the qulification of right to the Indians,) is and shall be accounted the just right of such English as already have, or hereafter shall have grant of lands from this courtand the authority thereof.” Various other acts were passed by ti.e colonial Legislatures of Mass, from the year 1633 downwards to 1747, in no one of which is the jurisdiction entire and compleie over all the rights of the Indians believed to have been in any manner relinquished, restrained or dimin ished. Being necessarily obliged to go over a great deal of ground for the complete vindication of Georgia the foregoing evi dence from the colonial laws of Massachu setts is deemed sufficient to show that she claimed perfect and entire sovereigntv over all the Indians and Indian lands her limits. Next, in order of time, 1 come to the colo ial legislation ofVirginia. Sa early as the year 1653, I find in her ?cords the" follow ing provisions: “ Be il hereby ordained an I enacted, That all thelndians of this Colony shall and may keep those seats of land which they now have; and that no person or persons vvbatsoverhe suffered to entrench or plant upon such places as tiie said Indi ans claim or desire, until full leave from the Governor and council or commissioners for the place.” Several other laws regulating Indian afiairs, were passed atdiflerent times between the years 1858 and 1705, inclu sive, by the coloinal Legislature ofVirginia; but the extractjust presented will suflice to show that the Colony claimed and exercised entire jurisdiction over thelndians within her limits. In theyear 1663, the Colony of Rhode Island seems first to have exercised jurisdiction over Indians ; and from the ten or of her enactment in that year, in regard to their lands, and the act of IG9G, for re straining and governing their persons, she seems to have exercised as unlimited con trol over them as she could have done over her white inhabitants. By the act of 1663, it is ordained “ that no person or persons, lor the future shall purchase any lands or island withih this Colony of or from the na tive Indians within the same but such only as are allowed to do so by the General As sembly upon penalty of forfeiting all such lands or islands so purchased to Colony.” By an act passed in theyear 1696, it is pro vided “ that if any negroes or Indians, free men or slaves, shall be found abroad after 9 o’clock at night at any time throughout the year, without a certificate from the master or some other English person ofthe famib. to which he, she, or they belong or so rtl ‘ e lawful excuse for the same that then it s i lla ]| | and may he lawful for any person -.n- pe.-, ; sons to take seize and secure the same till the next moring, and then In ing them be fore an assistant or justice of the peace of sue.i town, who s’talt upon due proofthere ol cmise said e.egro or negroes, Indian or ndians to l-.e publicly whipped nt the pub lie v ‘Upping-post of such town.” In the year 1672, the colonial Legisla une of Connecticut adopted numerous reg ulations for the restraint and government of l-er Indians ; among which was one provi ding “that no Indian or Indians shall, at any time, pawaw or perform outward wor ship to false gods, or to the Devil, within this Colony, on pain of forfeiting the sum of five pounds to the public treasury of’ this Colony, lor every (line any Indian or Indi ans shall be convicted of performing the same.” As further evidence ofthe criminal juris diction exercised by Connecticut over Indi ans, and especially lor the benefit of" those who have made such outcry because Gcor- PUBtLEMSJED BY F. I M KCIHft&CN W&SOLE NO. 333» gia, of late years, has exercised similar jus tice towards them, 1 will offer one further extract from her act 0f]672: “ And where as it is 100 manifest that the Indians, not withstanding all counsel and advice to the contrary, have committed and still do com mit murder, and kill one another, within the- English plantations in this Colony, and take no course that such justice be executed on such malefactors as may take oft’ the guilt of blood from the land ; which, to prevent, “ It is further enacted by the authority aforesaid, That if any Indian or Indians within this Colony shall wilfully and vio lently fall upon any Indian or Indians with in this Colony, and upon the English land, ■"fiHtcept it he such as they are at open war with.) and uimder him or them, and ,be_— thereof legally convietvd, even^Such Indi an or Indians shall suffer death.” In addition to the highest criminal juris diction thus exercised by Connecticut, the last extract contains the singular provision of legalizing Indian wars within her limits. One more reference to the colonial law of Connecticut, and I shall pass to another Col ony. In 1717, the Legislature of Connecticut passed “ An act concerning purchases of native rights to land.” Tins Assembly observing many difficul ties and perplexities arising in this Govern ment, by reason of many purchases ofland made of Indian titles, without the preceding allowance or subsequent approbation of this Assembly ; which, to remove, it is here by enacted and delivered by this Assembly, and the authority thireof, that all lands in this Government are holder) of the King of Great Britain as the lord of the fee, and that no title to any land, in this Colony can accrue by any purchase made of Indians, on pretence of their being native proprietors thereof, without the allowance and approba tion of this assembly.” Other acts were passed by the colonial Legislature of Con necticut, relative to Indians, in 1717, 1722, and 1750 ; but the foregoing will show most clearly that the Colony assumed unlimited control over them and their lands. in the year 1700, the Colony of Penn sylvania is believed first to have exercised her jurisdiction over the Indian hinds, and her legal records show under that date “ ylw ad against buying land cf the Indi ans,” which contains the provision, “ that if any person presume to buy any land of the natives within the limits of this province and territories, without leave from the pro prietors thereof, every such bargain*df pur chase shall be void, and of no effect.” In 1721, she passed “An act to prohibit the selling of rum, and other strong liquors, to Indians, and to prevent the abuses that may happen thereby,” reserving “ that the Go vernor and council, or persons by them, authorized and appointed to hold treaties witli any nation of Indians, may, at such trea ties, give any reasonable quantity of rum, as by them shall be thought necessary, any thing herein contained to the contrary not withstanding.” And I find that in the year 1744, coloni al Pennsylvania assumed the jurisdiction, for which Georgia has within the last six or seven years been so much derided by some, and passed “ A.n act for the speedy trial of capital offences, committed by any Indian., or Indians in the remote parts if the Pro- I vince.” In this act it is provided *' •• at alt murders, manslaughters, homicides, feionies, and offences, whatsoever, and accessaries o f the same, which by the laws or acts of A sembly, of this province, are declared c tai, or felonies punishable by death, u already have been committed, pcrpeP a ted or done, or shall hereafter be com' nitted* perpetrated or done, by any India’ j or j n j dians, within this province, in plac es remote from inhabitants, as aforesaid, al) an j everv such offence and offences, in whatsoever place and county the same hath’ n a pp enc( j or shall happen, shall hencefort’ a 1)8 i nqni ’ retJ , 01, heard, adjudged, and det ei Illilletl) before the Justices of the Supretr e Court or the Justices of the Courts of Qy e| . aiK]’Termi nerand Genera! Gaol D e ]i; crv> to bcheld> in the county ofPhilade\p[ )ial) ; i n( jj ct ments, ‘ inquests, and verdicts. t 0 [)e takeu of d • and lawful men, inhabitants of the county, in like manner and form as if such ' capital offence or offences had been com mitted, perpetrated, or done, within the.' said county, c.ny ]r xW or usage to lite, contrary thereof in p ai y wnotwithstand ing.” 1 here Is, in \nis last act of the colonial. Legislature < y f Pennsylvania one feature,, which shows, that however well the generaj, (locy.ines of criminal law might have beqq, mtderst jod in that day, the injustice of SUI S r X post facto laws does not seem to lte v e been duly considered. New J. enter t?.med, and exercised jurisdiction over lu-_ .dian lands, so early as 1703, as appears by an act of her Legislature, passed on the ’ 13th of December, (’filial year, entitled‘An j act for regulating the purchasing of Land from lhe Indians,’ by the second section of’ which it is enacted, “That if any person or persons shall presume to buy, purchase,take gilt, or mortgage, or lease, of any land, contrary to this present act, be, or they, so, offending, shall forfeit forty shillings, mo ney ol this province, for each acre ofland so obtained,” <kc. £zc. (Maryland exercised jurisdiction over the Indians withitt her limits, by legislative action, at different times between the years 1704 and 1723, in clusive. North Carolina, in 1715 nn<| 1748 ; and New Hampshire also in 1714 j. 'rhe latter State, in the y ear 1815, passpjj “Ao act to prcv 'nt, and make void clandes tine uni illegal purchases of lands from the Indians” by which it was enacted, “that all deeds of bargain, sale, lease, release, orquit. claim titles, and conveyances whatsoever, at any lime or times since the year of our Lord one thousand seven hundred, without the license or approbation of the General Assembly of this province; and all deeds of bargain mid sale, titles and conveyances