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EDITIII) BY THOIIAN HAYNIt:*. VOL. ESB. NO. 33. [jd Ije of eX n ' on » ib.v:e.. j’., ro.biuj joay, < Publisher {By Authority,) of the Laics , of (he I nitcd States: Office on Grrcnc Stiver, nearly opp«» I site the market. Issueil eveiy Tuesdaj niorniiig.ate J per annum No subscription taken lor less than a year and no paper discontinued, but at the option ot the publisher, until all arrearages are paid. j Advertisem.'sts conspicuously inserted .it the , usual rates —those not limited when handed in, will be inserted 'till forbid, and charged accord ingly- CH \NGE OF DIRECTION. We desire such of our subscribers as may at i any time wish the direction of their papers chan ged from one Post Oilice to another, to inform us, in all casts, of the place to which they had been previously sent; as the mere order to for ward them to a different office, places it almost outof our power,tocoinply, because we have no meansot ascertaining the office from which they are ordered to be changed, but a search through •ur whole subscription Book, containing several thousand names. POSTAGE. It is a standing rule with this office, as well as all others, that the postage of all letters and I communications to the Editor or Proprietor ■ must be paid. We repeat it again,—and re quest all persons having occasion to address us upon business connected in any way with the establishment, to bear it in mind. Persons wishing to become subscribers to the Standard, of I nion, are particularly requested to give their | attention to this; or they will not have the pa- ! per fonrardedto them. ~~~ - ■ - - ■ I AN ACT. 0 1 RANTING half pay to widows or I orphans where their husbands and fathers have died of wounds received in the military service of the United States in cer tain cases, and for other purposes. Be it enacted by the Senate and I louse of ’ Representative* of the I 'niltd States of A- 1 merica in Congress assembled, That when any officer, non-commissioned officer, mu sician or private of the milita, including rangers, sea fencibles, and volunteers, shall have died while in the service of the United states, since the twentieth ofApril, eighteen | 1 hundred and eighteen, or who shall have 1 died in consequence of a wound received whilst in the service, since the day aforesaid, 1 and shall have left a w idow, or, if no widow, 1 a child or children under sixteen years of 1 age, such widow, or if no widow, such child 1 or children, shall be entitled to receive [ 1 half the monthly pay to which the deceased | 1 was entitled at the time of his death or re- ; ' ceiving such wound, for and during the 1 term of five years; and in case of the death or marriage of said widow before the expi- i 1 ration of said’fivey ears, the half pay for the remainder of the time shall go to the said descendent : Provide!, That the half pay aforesaid shall be half the monthly pay of the officers, non-commissioned officers, mu sicians, and privates of the infantry of the legular army, and no more: Provided al so, That no greater sum shall be allowed to the widow, or the child or children of any officer than the half pay of a lieutenant colonel. Sec. 2. And be it further enacted, That if any officer, non-commissioned officer, mu sician, soldier, Indian spy, mariner, or marine, whose service during the revolu- ! tionary war was such as is specified in the! act passed the seventh day of June, eighteen ! 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 I and thirty one, to the time of his death, and i become payable to him by virtue of that act , if he had survived the passage thereof,shall be paid to his w idow ; 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 the , act passed the seventh day of June, eighteen hundred and thirty two, entitled “An act supplementary to the act for the relief of .certain surviving officers and soldiers of the I .revolution,” have died leaving a widow, whose marriage took place before the ex- I pirationofthe last period of his service, such 1 widow shall be entitled to receive, during | the time she may remain unmarried, the an- i nuity or pension which might have been al- ! lowed to her husband, by virtue of the act ■ aforesaid, if living at the time 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 mom y or half pay granted by this act, shall be utterly void mid of no effect; each person acting for and in behalf of any one, entitled to money under this act, shall takel and subscribe an oath to be administered by the proper accounting officer, and retained by Inin and put on file, before a warrant shall be delivered to him, that lie 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 has been so disposed of to any person what ever. Sec. 5. An ' be it further enacted, That' the Secretary of War .hall adopt such forms of evidence, in application nml -r this, act, as the I’resid .nt of the United States shall prescribe. Approved, July dlh, 1830. War Department, ? Pension. Office,.luly'A, 1839. ) In order to carry into effect the act of ( -v f' z \ € ®f(Www 0T (Congress ot the 4th July, 1836, entitled; I “ An act granting halt' pay to the widows j ‘ or orphans where their husbands and fathers ! ' have died of w ounds, received in the milita- ; ! ry service of the United States, in certain! 1 cases, am! lor other purposes,” the follow -) | ii-.g rules Lave been prescribed by the Prcsi- ' i dent ol the I mted States, and adopted by ■ I the Secretary el V. ar ; and they are now ) ! published for the information of applicants under that law. 1. Applicants under the first section ol ' the act must produce the best proof die na ture of the case will allow, as to the service of the deceased officer or soldier; the time when he died, and the complaint of which he died, ami the supposed cause of his dis ease. It must be clearly shown in what I company and regiment or corps he served, |and the grade he held. Such proof must be had, either from the records of the War Department, the muster roils, the testimony of commissioned officers, or the affidavits of persons of known respectability. From 1 similar sources evidence must be derived as j to the period and cause of the death of the i officer or soldier. 2. The legality of the marriage, the name I ofthe widow, with those of her children, who ! may have been under sixteen years of age I | at the time ofthe farther’s decease, with the | i State or territory and county in which she | i and they reside, should be established. The i j legality ofthe marriage may be ascertained I by the certificate ofthe clergyman who join-1 ed them in w edlock, or the testimony of re-| spectable persons having knowledge of the j fact. The age and number of children may ' be ascertained by the deposition of the; i mother, accompanied by the testimony of; i respectable persons having knowledge of! ' them, or by transcripts from the parish re-1 i gisters, duly authenticated. The widow at , the time of allowing the half pay, or pla | ring her on the list for it, must show that shs i hasnotagain married;andmust moreover re- I peat this at the time (of receiving each and every payment thereof, because in case of her marrying again, the half pay senses, I ■ and the half pay for the remainder of the, I time shall go to the child or children ofthe ; decedent. This may be done by the affida vits of respectable persons having knowledge I of the case. 3. In cases where there are children and I no widow, their guardian will of course act i for them ; establish their claims as prescrib- : ed in the fore, going regulations, and re , ceive theii stipends for them. 4. Applicants under the second section of the law will make a declaration before a' court of record, setting forth according to I the best of her or their knowledge or belief, thenam.es and rank ofthe field and comp,a- [ ny officers : the day (if possible) and the ' I mouth midyear when the claimant’s hus ! band or father (as the case may be) entered l i the service, and the time when lie left the! j same ; and if under more than one engage- I ment, the claimant must specify the partic- i ular periods, and the rank and names of the ! officers under whom the service was per- I ■ formed ; the town or country, and State, in ! which the claimant’s husband or father re- j ' sided when be entered the service, whether ! i he was drafted ; was a volunteer or subsli-) title ; the battles, if any, in which he was ; engaged ; the country through which he ' ■ marched, with such further particulare as I: may he useful in the investigation of the claim; and also, if the fact be so that the claimant has no documentary evidence i:i support of the claim. 5. The same description of proof as to i the relationship of the claimant to the dc , ceased officer or soldier will he required us j the rule under the first section points out. G. Claimants under the 3d 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- I i 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, and that the : ; marriage took blace before the last term of) ■ service of the husband expired. They must i ' also prove that they were never afterwards married. 7. In a case where the service of the de- • i ceased officer or soldier is clearly proved.) . ; by record or documentary evidence, or the ; , I affidavit of a commissioned officer, showing) , the grade and length of service of the de- j J ceased, the particulars in relation to the j I service are not required to be set forth in I [• the claimants, declaration, except so far as ) , i to show that the claimant or claimants is,' or are, the widow or children ofthe deceas ) ; e d. I 8. The claimant must in every case where . | there is no record or documentary proof of ! I the revolutionary service of the deceased i officer or soldier, produce the testimony of ■ at least one creditable, witness. Traditionary I evidence will be deemed useful in every such l case. 9. Applicants unable to appear in court .! by reason of bodily infirmity, may make the declaration before required, before a judge | or justice of a Uourt of Record ofthe coun , try in which the applicant resides, and the judge or justice will certify that th ■ applicant i cannot, from bodily infirmity, attend the i cour*. 10. vV’heriev r any official act is required 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 State or ofthe Territory, or of the proper clerk ofthe court or county, under his’seal . | of offic'>, will be annexed, stating that such a pr rson is a judge or justice of a Uourt of ,1 Record, or a Justice of the Peace, and that the singular annexed is his genuine signa i lure. 11. The widows of those who served in the navy, or as Indian spies, will produce I proof as nearly as may l|i> conformable to the preceedin ■ regal;.t-on ~ and authentica ted in a similar maimer, with such variations as the different nature ofthe si rvicc may re rl"ire - . , . C 12. The form prescribed for claimants un KViLLK, TiIKSDAV AU&jaJST 30, IS3G. ; dec the 3d section ofthe act will be observ- I I cd by every other description of claimants, I ; so far as the same may be applicable to their I cases. The Judge or Justice who may ad- ! ! minister an oath, must in every instance certiliy to the creditability of the affiant. 13. In every case in which the deceased ■ officer or soldier was a pensioner, the fact | should he so stated, ami the deceased pen- I sioncr so described as to enable the De | partment to refer immediately to the evi dence upon which he was pensioned, and thus iiti ilitate that investigation of the claim of his w idow or children. JAMES L. EDWARDS, Commissioner of Pensions. DECLARATION. In order to obtain the benefit of tke 3d sec tion of the act of Congress of the Ath July, 1836. State, Territory', or District) of j ! Oo this day of , personally ap ; peared before the , of the I , A. B. a resident of of 1 the country of and State, i Territory, or District of , aged i years, who being first duly sworn according i to law, doth, on her oath make the following | declaration, in order to obtain the benefit of ! the provision made by the act of Congress, passed July 4, 1836. That she is the wid- I ow of , who was a [here in- I sort the rank the busband held in the army, i navy, or militia, as the case may be, and ; specify the service performed, as directed in ) paragraph No of these regu- ! lations.] She further declares that she was married to the said , on the day of , in the year seventeen hundred and ; that her hns- band, the aforesaid , died on the day of ; and that she has remained a widow ever since that period, as will more fully appear by re ference to the proof hereto annexed. Sworn to and subscribed, on the day and I year above written, before . August 23 32—2 t. CX’’ Printers ofthe laws of the United States are requested to publish the forego ing advertisement for two weeks in each of I their respective papers ; and send their ac-| , counts to the Pension Office for settlement. : [By AutSioi’jy.] J? ■ I LAWS OF THE UNITED STATES' PASSED AT THE TWENTY-FOURTH CONGRESS, j FIRST SESSION. [Public. —No. G7.] AN ACT to re-organize the General Land Office. Be it enacted by the Senate and House of \ Representatives of the I nitcd States of A merica in Congress assembled, That from ) and after the passage of this act, the execu- I live duties now prescribed, or which may | hereafter be prescribed by law, appertain-; ing to the surveying and sase ofthe pub ic . lands of the United States, or in any vise ) respecting such public lands, and, also, such ! as relate to private claims of land, and the , issuing of patents for ail grants of land tin- | der the authority ofthe Government ofthe United Slates, shall be subject to the super- ; vision and control of the Commissioner of! the General Land Office, under the direc tion of the President of the States. Sec. 2. Amd be it further enacted, That there shall be appointed in said office, by the President, by and with the advice and consent of the Senate, two subordinate of ficers, one of whom shall be called Princi pal Clerk of the Public Lands, and the oth er Principal Clerk on Private Land Claims, who shall perform such duties as may be as signed to them by the Commissioner of the ; General Land office ; and in case of vacan j cy in the office of the Commissioner of the ! General Land Office, or of the absence or I sickness ofthe Commissioner, the duties of ! said officer shall develope upon and be per ! formed, and interim by the Principal Clerk ; ol the public lands. Sec. 3. And be it f urther enacted, That there shall be appointed by the president, by and with the advice and consent of the Senate, an officer to be styled the Principal I Clerk of the Surveys, whose duty it shall be ; to direct and superintend the making of sur veys, the returns thereof, and all matters i relating thereto, which are done through ) the office of the Surveyor General; and I he shall perform such other duties as may ; be assigned to him by the commissioner of I the General Land Office. j Sec. 4. And be it. further enacted, That j theie shall he appointed by the President, by and with the consent of the Senate, a ' liecord ofthe General Land Office, whose fluty it shall be, in pursuance ot instructions from the commissioner, to certify mid affix of the General Land Office to all patcutsfor public lauds, and lie shall attend to the correct engrossing and recording'and transmission of such patents. He shall pre pare alphabetical indexes of the names of ; patentees, mid of persons entitled to patents; ; and he shall prepare such copies and exem plification; of matters on file, or recorded in the General Land Office, as the Com ! mis-.ioner uny from time to time direct. i Sec. 5. And be it further ciuiclcd, That ■ there shall be appointed by the President, by mnl with the advice ami consent ofthe Senate, an officer to be called the Solicitor of the General Land Office, with an annual ; salary of two thousand doFlars, whose duty . it shall be to examine mid present a report ; to tiie commi imter, ofthe state of facts in ilosatii all cases referred by the Commissioner to his attention, which shall involve questions of law, or where the facts are in controversy between the agents ofthe Government and individuals, or there are conflicting claims of parlies before the Departmem, with Lis opinion thereon ; and also, to advise the Commissioner, when required thereto, on ail questions growing out of the management of the public lands, or the title thereto, pri vate land claims, Virginia military scrip, ! b • inty lands, and pre-emption claims ; and | to render such further professional services | in the business ofthe department as may be j required, and shad be connected vilb the 1 discharge of the duties thereof. I Sec. G. And be it further enacted, That lit shall be luvvhil 12+- tlie President-us the . United States, by and with the advice and i consent of the Senate, to appoint i Secreta ry, with a salary of fifteen hundred dollars per annum, whose duty it shall be, under the direction ofthe President, tosign in his name, and for him, all patents so- land sold or granted under the authority of he United States. Sec. 7. And be it farther enaded, That it shall be the duty ol the Commksionei to ■ cause to be prepared, and to eerily, under the seal of the Oeueral Ofi'icc such copies ot records, books, and papa's on file in his office, as may be applied br, to be ; used in evidence in courts of justice. Sec. S. be it further cnactul. That whenever the office ot’Recorder s mil bc , come vacant, or in case of the sickness or absence of the Recorder, the duties of his office shall be performed, ad interim, by the Principal Clerk on Private Land Claims. Sec. 9. And be it'further enacted, That the Receivers of the land offices, shall make to the Secretary cf the Treasury monthly returns of the moneys received in their sev eral office, and pay over such moneys pursuant to his instructions. And they shall also make to the Commissioner ofthe General Land Office, like monthly returns, and transmit to him quarterly accounts cur rent of the debits and credits of their several offices with the United States. Sec. 10. And, be it further enacted, That the Commissioner of the General Land Of fice shall be entitled to receive an annual salary of three thousand dollars; the Re corder of the Genera! Land Office, an an nual salary of fifteen hundred dollars; the principal clerk of the surveys, an annual salary of eighteen hundred dollars and each of the said principal clerks, an annual sal ary of eighteen hundred dollars; from and af ter the date of their respective commissions ; and that the said commissioner be author ized to employ, for the service ofthe Gen erali Land Office, one clerk, whose annual salary shall not exceed fifteen hundred dol lars each ; sixteen clerks whose annual sal ary shall not exceed thirteen hundred dol lars each ; twenty clerks, whose annual sal ary shall not exceed twelve hundred dollars ach ; five clerks, whose annual salary shall not exceed eleven hundred dollars each ; thirty-five clerks, whose annual salary shall not exceed one thousand dollars each; one principal draughtsman, whose annual sal aryjshall not exceed fifteen hundred dollars; one assistant draughtsman, whose annual salary shall nut exceed twelve hundred dol lars ; two messenger, whose annual salary shall not exceed seven immlred dollars each ; three assistant messenger, whose annua! sal ary shall not exceed three Immlred and fifty dollars each, and two packers, to make up packages of patents, blank form-:, ami other things necessary to be transmitted to the district land oliices, at a salary of four hun dred and fifty dollars each. Sec. 11. And be i! further enacted, That such provisions ofthe ai t of the twenty fifth ol April, in the year one thousand eight hundred and twelve, entitled “ An act for the establishment of a General Land Office in the Department of the Treasury,” ami of all acts amendatory thereof, as are inconsistent with the provisions of this act, be, and the same are hereby, repealed. Sec. 12. And beii further enacted, That from the first day of the month of October, until the first day ofthe month of April in in oat h and every year, the General Land Office and all the bureaus and offices there in as well as those in the Departments ofthe Treasury, War, Navy, State, ami General Post Office, shall be open for the transaction ofthe public, business at leasteigh thours in each and every day, except Sundays, and the twenty-fifth day of December ;and from the first d.ty of April until the first day of October, in each year, all the aforesaid of fices and bureaus shall be kept open for the transaction of the public business at least ten hours, in each and every day, except Sun ! days and the fourth day of Ji ly. ) Sec. 13. And. U’ it further enacted, That ; if any person shall apply to any register of j any lam! office to enter any land whatever, and the said register shall knowingly and ; falsely inform the person so applying that ! the same has already been entered ami re ) fuse to permit the person so applying to en- I ter the same, such register shall be liable ; therefor to th” persons so applying fin- five J dollars for cadi acre of land which the per- I son so applying offered to enter, to be rc i covered by action of debt in any court of re cord, having jurisdiction ol the amount. ; Sec. \4. And be it further enacted, That [ all and every one ofthe officers whose salaries ’ and herein before provided for, are hereby i prohibited from directly or indirectly ptir- I chasing or in any way becoming interested j in the imrehase ol any ol the public lands ; j -ire in case of a violation of this section by ; such officer, and on proof thereof, being j made to the I ’resident cf the United States, ! iu< li officer, mi offending, shall be, forth with, removed from office. JAMES K. POLK, Sneaker <d the lioiine <tf Itcnresentativcs W. R. KING, ‘ t'rixldrnt of ill." Senate pro tempore. Approved, July 4th 1836. AN’DKE'A’ J ICKSON, SPEECH OF Mr. HAYNES, OF GEORGIA. In the House of Representatives. J one 33. The Resolution calling on the President of, the United Stales for information rela‘ live to the Treaty lately concluded wiU the Cherokee Indians, being under com sideration— ( continued.) Cessions of land were obtained from time to lime by the United States, from tie Creek and Cherokee Indians, in compli ance with the obligations of the U. States to Georgia; and however irregular her Government might have thought it, to form treaties with Indian tribes, as they were made' in fulfilment of obligations to herself, she did not throw any obstruction in their way on account of the mode in which the gen eral Government might fulfil its stipulations with her. Taking the subject as much as I can in chronological order, it may be most proper for me here to repel a portion of the charge made by the member from Massa chusetts. That member would have it be lieved that the course of Georgia towards the Indians within her limits lias been uni formly cruel and unjust. Sir the Indians theinseives,and the ar cheivcs of this Government, prove the con trary. So early as the year 1790, the Creek Indians, by the treaty ofNew York stipulated to return to the Sta.e of Georgia ■ its citizens who had been carried prisioners ! into their nation, and the property which ! they had taken from the people of Georgia. I In 1796, by the treaty of Colerain, they I again bound themselves to restore prison ers and property which they had carried away from Georgia. By the reatv of Fort Wilkinson, in 1802, they appropriated five thousand dollars for the indemnification of citizens of Georgia, upon whon their peo ple had committed depredatjonssubsequent to the treaty of Colerain, in 1796. More than this. So far from war with tlem having been provoked by the people of Georgia be tween 1790 and 1796 the history o?the times shows that Georgia was not in a -ondition to have provoked it. That Presid'trt Was hington ordered the Govenor of South Carolina to aid in the defence of Gecrgia if it should be necessary asil was certainly believed to be, or no such orders would have been given. In truth, and n fact, it was but part of that general Indian war which involved so much, if not all our western frontier and which was brought to a conclusion mainly by Wayne’s victory at the fails of the Miami, in August 1794. It is unnecessary to dwell on the treaties made with the Creeks and Chero kees, between 1802 and 1821. it is impor tant to give a passing notice to this latter treaty, inasmuch as it recognized the jus tice ofthe claim of the people of Georgia for indemnification of losses sustained by the inersions of Creek Indians, previous to the 30lh of March, ISO 2 and provided tire sam of §250,000 for their payment without in terest. But that sum was considerably less than the aggregate of losses actually srs ta’med by the people of Georgia at the hands ofthe Creek Indians. I have no doubt that ifail the just claims could be paid with interest from the time depredations were committed, the aggregate would not fall short a million of dollars. 11’ 1 have shown a voluntary acknowledgement by the Creek Indians, so late as 1821, of a debt due the citizens of Georgia for spoliations committed upon them by those Indians prior to 1802, I think the charge ofthe member from Massaciisetts is fully answtrd, and overthrown down to that period. I v. ill now examine a portion of the history of this subject in which the honorable mem ber may fell a deeper interest than in any porthm ofthe long and uninteresting detail which 1 have felt it my duty to offer to the House for the full and perfect illustration ofthe subject. I speak of the treaty con cluded by commissioners of the United States with the Creek Indians, at the In dian Spring, in February, 1825, and ratifi ed early in the month of March, thereaf ter. This treaty had the singular fortune to be communicated to the Senate by Mr. Monroe, and officially promulgated after its ratification by his successor. 1 presume it is in reference to this treaty that the honor able gentleman says of Georgia, “She bade defiance to theauthority of the Gov ernment of the nation ; she nullified your laws: she set at naught your executive and judicial guardians of the common constitu tion ol the land.” Sir, 1 have shown that in all she has done in reference to Indians, Georgia has kept herself within the pale of the “common constitution ofthe land,” as the same has been understood or acted up on by a large majority, indeed nearly all her sister States, with whom she concurred in its establishment ; and the facts and ar guments which 1 have presented entirely overthrow the rmsustaiiied assertion even of Ex-President of’ the United State. But to return to the treaty. By the second ar ticle of that treaty, among other things there is this stipulation : “ The United States agree to pay to the nation emigrating from the lands herein ceded, the sum of fourhundred thousand dollars, of which amount there shalljlie paid to the said party o the second part, (the Indians) as soon as practicable after the ratification of this treaty the sum of two hundred thousand dollars.” .Anti it was further stipulated in the fifth article, “at the particular request ofthe said parties of the second part tliat the pay ment and disbursement ofthe first sum here in provided for shall be made by the present commissioners negotiating this treaty.” The necessary appropri ation was made at the same session ot Congress at which the treaty was ratified to carry it into effect. In compliance with the provision with the provision ot'tile treaty requiring the sum of two hundred thousand dollars to be paid “ us soon as practicable after the ratificaliiu if this treaty,'' and to be paid by the commissioners negotiating it,” that sum was placed in the hands of Duncan G. Campbell and James Merriweth er the commissioners to be paid over ac cording to provisions of the treaty. As the cession of land obtained by the treaty was (or the use benefit ami occupancy of the people ofGeorgia the GovernorofthatState issued his proclamation on the 22d of the same month, (of March,) warning all per sons citizens of Georgia, or others against trespassing or intruding upon the lands oc cupied by the Indians within the limits of this State.” although the treaty surrendered all the lands claimed by the Creeks within the limits of Georgia. On the 18th ofApril, 1825, Governor Troup issued his procla mation convening the Legislature, to take mto consideration the disposal of the Linds acquired by the then late treaty with the Creek Indians. Tlie Legislature convened on tne 23d of May therealtcr, and within a few days Past an act disposing of the ac quired territory, by lottery, ti e mode ol distribution which had been pursed for more than twenty years. This act did not authorize the immediate occupancy ot the lands, but provided lor its survey at an early period. Was there a subsisting treaty with the Creek Indians to all the lands then occupied by them within the limits ot Georgia ? There was, as I have already shown, and money appropriated and placed in tne hands of the commission ers for making payment of the first instal ment stipulated by it. Who then nullified the treaty.'' Georgia, by her act to survey the land, and draw a lottery for it. when the consummation of that treaty made the land the rightlul property of her citizens? Cer tainly not. Who then was the nullifiei r— rhe then President of the United States; for it was he who arrested this treaty, this . snpi erne law ot the land, on his mere motion, his own will and pleasure, and not the Gov ernment or people ot Georgia. The con stitution makes all treaties a portion of the supreme law ot the land, with which the 1 resident of the United States lias nothing to do, but to execute them. But, as I have said, tne President ofthe United States did arrest tne operation of the treaty of 1825, by arbitrarily withdrawing from the com missioners the money which had been ap propriated by Congress, and placedin their hands to be paid over “as soon as practica ble,” under the provisions of the treaty. It matters not what was the pretext for so do ing; the act was done, and done for the purpose ot arresting the operation of a su preme law of the laud. I again say, that in the contest which occurred between the Government ot Georgia and the Executive ofthe United Slates, in 1825, and what grew out ot ii, John Quincy Adams, the then President ot the United States, was a nullitier, and that the authorities ofGeorgia were only struggling to sustain “a supreme law of the land.” 1 know that this course Las its attempted justification of fraud or ir regularity in the making of the treaty re ferred to, but I also know that a President of the United States must execute the law as he finds it, allowing to him a just exer cise of his judgement whether it violates the federal constitution. 1 very well remem ber the principal incidents of a public na ture which occurred at the time referred to, 81 within tl;" following year of the Presiden tial term ot the then Chief Magistrate. The plea of fraud was set up to cover his nullifi cation, miller w hich he attempts to justify his charges against Georgia. 1 will inquire mto some of the incidents connected with the hones! treaty concluded ny him with a Creek delegation at this place early in tire year 1826, ami ratified on the 24th of April ot that year. But before proceeding, per mit me to remark that the land acquired by the treaty of 1825, passed immediately to Georgia, and that she had a perfect right to adopt her own legislation over her own property, subject only to the temporary oc cupancy secured by the treaty to the Indi ans. The treaty of 1826, was ratified on the 24th of April, and the day after, the members of the honest delegation, called on the Secretary of War to make arrangements to distribute the amount stipulated by the treaty to be paid to the chiefs, head men, and warriors of the Creek nation, namely, the sum of 8217,000. They presented a catalogue whereby it was proposed to divide of that sum, among twenty-one Creeks and three Cherokees, one hundred and fifty nine thousand seven hundred dollars. The Sec retary advised them not to make such dis tribution, but adopted no measure to pre vent. it. In the progress through Congress of the bill for carrying the treaty into effect, the fact was communicated to a Senator that twenty-one Creeks and three Cherokees, were known to intend to divide among thein- I selves the sum 1 have just mentioned. In consequence of such information, the Sen ate amended the bill so as to require the I payment of the <*217,000 in lull council in ! the nation, upon the certain calculation ! that the fraud, here made known, would be i there prevented. But, strange as it may appear, I have ! been informed, and upon evidence entitled ! to undoubted credit, that this honest dele gation, with which the then President ne j gotiated his tn aty of 1826, adding two oth j ers to their list, did actually divide, between i twenty-three Creeks and three Cherokees, I (he latter receiving mi aggregate of forty thousand dollars, leaving one hundred and sixty-seven thousand eight Immlred dollars, of two hundred and seventeen thousand to lie distributed between the chiefs, head rn<m, and warriors of the Creek nation. Is it not wonderful, that the sensibility which arrest ed a supreme law ofthe land in 1825 on sus picion. of’ fraud, should have permitted a transaction subject to bis own official super vision, to be stamped by such indellihle ev idence of the same in 1826 ? If further proof be necessary to establish the readiness of Georgia to abide by the decision of Con . gross, and her co-states, it w ill be found in the memorial ami remonstrance adopted by IHLiBMMSIfD BY P. j,. wsms,s<] fte. her Legislature in December, 1826, upon tins subject. Fids remonstrance was intended to set forth the causes which | iat l disturbed the har mony prevmrrsly existing between the State ot Georgia ami the Executive of ihe Union, from the time the President of the United .Mates, of bis own wifi and accord, nullifieel me treaty conchxled:H the Indian Springs, m February, 1825. It was nothing more nor less than tin appeal to Congros and h * other States against the arbitrary con duet of the Chief Magistrate us lbe Union. In proof of the spirit from which it sprang, it is only necessary to make a few referen ces to its preamble, jn which it will be fount! that the wiy'-y^sulject in controversy was submitted* and the other Slates of the confetti avy. The memorial dis tinctly states, that ‘’in the good feeling and sincerity of the Slates, we have the most un doubted confidence in the integrity of pur pose, honesty of motive, and fidelity of ser vice, of the National Legislature. \V e can . not feel one distrustful emotion. Before that body, we believe we can be respectful ly heard, and to that body, we as firmly be lieve the crisis has arrived, when it becomes necessary to prefer a solemn appeal.” Again, after enumerating thecauses of com pfaint against the P;ceculive alone, the me morial uses this forcible language: “ It is a matter of anxious and fearful contemplation, what must be the result of this collision, if we fail to enlist the well known justice and prudence of that part ot’ the General Gov ernment io w hicli we have now been com pelled reluctantly to appeal.” “We can not but trust that the authority (Congress and the Slates) to which we have now re ferred these unhappy differences, will duly ly appreciate the motive as well as the ob ject ol this appeal. Our reliance is on the wisdom ami justice of the nation.” ‘f We want nothing that does not fairly belong to the State sovereignties. To whatever our sistor States w ill submit, in that, we must ac quiesce. Il they would be contented with the treatment Georgia has received, and will come out with a public declaration of the fact, from that moment our complaints are hushed. \\ e threaten no consequen ces: it would be idle and yam to do so.” The memorial concludes with the following resolutions: “ Resolved, r i hat a separate copy of dfis report, with the documents neecsMuy to sup port the facts tne. ein detailed, be forwarded by his Excellency the Governor, to our Senators and Representatives in Congress, to be by them respectfully presented to each branch of Congress, with a request that they use their hot exertions to have redres sed the grievances of this State, iu tlie vari ous particulars to which this report has ref erence, and for the future harmony of the Sta.es, to request of that body to make aij explicit declaration of the rights that belong -o the National Government, and those which belongto the State of Georgia, (and consequently to the other States,) resulting from the immediate difference of opinion specially enumerated in the foregoing re port.” “ Resolved, That his Excellency the Gov ernor, be requested to forward also a copy ol tins repo. t and documents, to the Gover nor ot each Slate in the Union, with an ear nest and respectful request that he lay the same before the Legislature of his State; and they are hereby most affectionately and respectfully solicited to express to this State, whether they are prepared to anmit the foregoing principles, and the powers grow ing out of them, as belonging to the Gener al Government, and whether Georgia is bound an! must submit to the treatment ivhicn. she conceives she has most icrongfulli! sustained al the hands of the Executive Department ofthe General Government," k rom the relerences which I have made to the memorial of Georgia, in 1826, it is manifest that it breathes any thing but defi ance and contumacy towards the"Govern ?JENT of the Union, unless a nullifying Chief Magistrate alone constituted tbatgov crnmenl. In w hat stronger t< rms of confi dence and affection cculd the Legislature of Georgia. Lave appealed io the wisdom and justice of Congress, than by “requesting that body to make an explicit declaration of tne rights that belong to the National Gov ernment, and those which belong to Geor gia, (and consequently the other States.)” Or Low could she have more strongly ex pressed her readiness to abide by the decis ion asked, both Irom Congress and the States, than by pledging herself that *‘to whatever* her sister States would submit, in that she w ould acquiesce; and if they would deciare that they would lie contented with the treatment Georgia had received, front that moment her complaints would be hush ed, distinctly stating, that she thrAitened consequences, lor it w ould be vain and idle to do so. Upon the ex imination w hich I have made of the allegations of the honora ble gentleman, so far as his charties have; reference to the collision between Georgia-, mid himself, as Chief Magistrate of the Union, 1 know of no other illustration of his accusations so appropriate within tig; whole range of fact or fable, as the quam l fastened by the wolf upon the sheep for pol luting the stream, by drinking from it be low him. Georgia voted against him in her electoral college, in 1824, and in this Hotts.- in lc-5, and held up his arbitrary conduct, towards her in the years 1825, 1526, and 1827, to the just indignation ofthe Ameri can people; and it seems that he htis not yet forgiven her for the one or ' lie other, or lie might have spared himself and this House, the gratuitous denunciations lie has lex eled against her. Eelieving that I have sufficiently shown that the President ofthe. United States, and not the i Government or people ol Georgia, nullified the treaty mai'f; at the Indian Springs in 1825. 1 will next, proceed to show how stands the ol the honorable gentleman respecting the, conflict between the State of Georgia tin !, the Supreme Court of the United State and first, wish respect to the Indians.