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(he right to designate the occupants of
those lands; to exercise the power of
exchanging and leasing them; and that
they were thus withdrawn from the
dominion of the tribe. Were these
rights* thus acquired by the U. States*
not manifestly inconsistent with the
continued exercise by the Indiam, of
their original right of occupancy ?
Quoad these lands* was not that right
necessarily extinguished and gone ?
By the fifth article of the treaty of
1819* between the same parties it is
stipulated that the leases made in pur
suance of the preceding treaty, should
be void, and the U. S. agree to remove
intruders on the lands reserved for
the Cberokccs; but this stipulation* it
is believed, did not affect the rights ac
quired by the U. States by that trea
ty* nor is it considered that the term
intruders could be applicable to the
lessees of the U. States, if • any such
there were, who had entered by virtue
of leases made in pursuance of that
treaty, so long as those leases contin
ued in force. It was not, I think, in
tended by the United States to telin
quish the rights which they had acqui
cd, and paid for, under the treaty of
1817, and which, by force of the arti
cles of cession with Georgia, if lor no
other case, enured to the benefit of that
State.
1 pass then to the treaty of 1828,
concluded with the Clierokees West of
the Mississippi, in which it is stipula
ted, that, to every Cherokee yet with
in the limits of the States, who may
emigrate therefrom, and join his breth
ren West of the Mississippi, the U-
States will make a just comp- nsa
tion for the property he may abandon,
to he assessed by persons to be ap
pointed by the President of the United
The term ‘‘property which
be may abandon,'* seems to me to
relate to his fixed property- that which
he could not take with him; in a word,
the land and improvements which he
had occupied. On payment for these,
the United States would, I think, ac
quire rights which would be inconsis
tent with tho continuance of the right
•of occupancy theretofore existing in
the tribe; and whatever right was thus
acquired by the United States, would,
in the terms of tl e articles of cession
before r-*f rred to, enure to the bona,
til-of Georgia. The principle which is
embraced in the first of these proposi
tions, is recognized by tiic treaty of
1817; and although the claims acquir
ed under that-treaty were adjusted and
•settled by the compact of 1817, yet
the United States were, I apprehend,
free to apply the same principle to
future acquisitions, made with the as
-sent of ttie particular occupants* To
have relinquished the right so to apply
it, would have been to abandon the
policy by which, both before and since
•they havo endeavored to promote the
emigration of the tribes dwelling with
in that state; of which abandonment
the. result would be, that when even a
majority of any tribe had been gradu
ally withdrawn; and had received from
the United States compensation for
- tln ir respective claims, the remnant,
however, small, would extend their
title of occupancy over all the lauds
lying within the limits originally al
lotted to the whole tribe. Such, at
least since the year 1808, seems not to
have been the understanding, either l’
this Government, or of the particular
tribe whose rights are involved in this
inquiry. I am, respectfully,
Sir, your obed’t serv’t.,
JN. MTHEUSUN BEIUiIEN
Hon. John H. Eaton,
Department of War*
Th Court House of Hartford county,
Noi th Carolina, was destroyed by fire on
* -the i’Bth of March last, together with the
Clerk's Ofiit.es attached thereto, and all
(he records. It was the work of an incen
diary. The fire was communicated by a
negro man, who says he was employed by
ti whiteman.
The design seems to have been to de
stroy a SIO,OOO bond, for the forging of
which a prosecution had been commenced.
The negro was apprehended, and lodged
in jail, and has confessed his guilt.
CABINET.
WjnuißMTOJr. APRIL 24. 1830.
CONGRESS ,
In the Senate of the U. S. on
the 18th inst. The bill provid
ing for an exchange of lands
with such Indian? residing in
the several states, as are willing
to emigrate, and making an ap
propriation for their removal
beyond the Mississippi, was ta
ken up as the unfinished busi
ness. Mr. M ; Kinley then con
cluded his remarks in favor of
the bill, and when he had con
cluded, being nearly the hour of
adjournment. Mr. Forsyth
commenced his argument in
reply to Mr. Frelinghuysen;
continued for about fifteen mi
nutes, when the Senate adjour
ned. On the 14th, Mr. Web
ster presented a memorial and
remonstrance from N. Hamp
shire, against the removal of
the Southern Indians beyond
the Mississippi, and the exten
tion of the jurisdiction of the
southern -States over them. Af
ter attending to some matters
of minor importance and spen
ding some time in the conside
ration of Executive business,
Mr* Forsyth continued his (to
use the language of the Tele
graph) able reply to Mr. Fre
linghuysen. Before Mr. For
syth concluded, the senate ad
journed. In the H. of Repre
sentatives, on the 14th inst. the
Bill for the construction of a
road from Buffalo, New York,
to New Orleans, by way of
Washington, was taken up, and
the question upon its engross
ment ior a third heading, was
decided by yeas and nays—the
bill wa? rejected by a vote of
105 to Ba. The whole of the
Georgia delegation were at
their post and voted against the
bill. We bail this decision as
an earnest that the Internal
Improve.i;ent mania is on the
wane.
To the attention of our
faithful and vigjiant Represen
tative, Gen. Wiley Thompson
we are indebted for a pamph
let of 152 pages, containing a
letter from the Secretary at
War and three reports from the
chief Engineer, and the second
and third Auditors ol the 7’reas
ury, containing the information
on the subject of the Military
Academy, which was called for
bv a resolution, adopted by the
H. of K on the 26th January
last.
From this Docament ft ap
pears that the whole number of
appointments to the Academy
from 1802 to 182(T inclusive,
was 2053-—rejected 2366
of those appointed 398 did not
join the Ace demy—2o have!
died in have:
withdrawn or been dismissed
the present number at the A
cademy is 77—of the appoint
ments since 1802, fifty have
been sons of Members of Con
gress—the number of gradu
ates have been 591 —62 have
died in service—l6B have
withdrawn, and 361 are now in
the army. The expenses of
the Academy for 1829, were for
pay and subsistence 894,700
go—erection and repairs of
buildings, and supplies by the
Quarter Master 836,264 31—
total 8130,965 eleven cents.
Its whole expense has been
8r,97i,829 is. The monthly
pay of a Cadet is 816, as estab
lished by the act of the 13th
March, i80 2 . He is allowed by
the same act two, rations a day
each valued at twenty cents,
and is furnished-by, the govern
ment with quarte rs and fuel,
but supplies himself with the
requisite furniture for his room,
with uniform clothing, station
ary and class books. Since
1813, the number of applicants
from Georgia admitted has been
42—to graduated—and 4 are
now in the army—si applicants
in that period were rejected.
The Celebration of Jeffer
son’s birth-day, (the i3th April,)
at the city of Washington, is
thus noticed in the Telegraph
ofthe *sth inst.
The commemoration of the birth
day of this illustrious votary of free
dom and benefactor of United Ameri
ca, was every way worthy of the man
and of the cause. A greater collec
tion of talent, worth,.- dignity and
virtue, ready if ever adorned a festive
: board. Free from all spirit of faction,
(although differing in some minor
measures) an immense concorse from
every part of this Union, joined with
the utmost cordiality and enthusiasm
in celebrating the birth day of him
whom they loved while living, and
honor when dead; whose political prin
ciples they adopt as their standard,
and will follow as their surest guide
for preserving human liberty, extend
ing human happiness, sustaining the
Constitution, and perpetuating the
Union of these Uuited States.
Among the croud who thronged the
Hall, w ere to be seen many who acted ■
in public life with him whom they met’
to honor; there wae seen, the man;
whose consumate skill* and. daring, val
or won from the lips of tiftepatriot
sage, the lofty arwt efoqjuenifi encomium’
“ that he had JUlexll the; measures of
his country* glory: tftere*also as the
presiding officer of the day, the ven
erable John Roane, of Virginia, a
firm Republican of forty years habit
and practice. And what time court!
be more favorable for the commence*
ment and establishment of the annual
celebration throughout this wide Re
public, of the character aud principles
ofthis giant child and champion of
freedom?” What time more auspi
cious than at the commencement of the
administration of his steadfast friend,
disciple, and follower? The first cel-1
ebration of Mr* Jefferson's anniversa
ry has accordingly been in a style and !
with a spirit worthy of the occasion,
and we hope and trust that it will be i
repeated annually, in all time to come,
by all who are really and in truth of
his political faith. We hope again toj
witness a similar scene, the same gen
erous enthusiasm, the same unanimity
on many successive returns of that
day. I
•The celebration wu attended bv
the President of the United State
the Vice President, the Secretary J
State, Treasury, War, Navy, fi
Postmaster General, and more th?”
a hundred republican members of till!
two Houses of Congress, with’
officers of the Government, visiters „
the city, and citizens of the District
and neighboring tities.—Tjie lYosi*
dent arrived at 5 o’clock, staid till jr
gave a patriotie toast, and retired *
There were twenty four regrU*
toasts, and many voluntees given, anj
in the intervening pauses there-’were
several short, animated, and eloj„ e , ilfe
speeches delivered. The procetyj j „
will be published together and cutitZ
as soon as received.’
The dinner was furnished by !
Jesse Brown, at Uie Indian Q u * en
and in a stjle unsurpassed for,rid*
ness, variety, ele&ance and aßui.
ance. The hall was tastefully O PRa ,
mented with beautifulevergreens: and
amidst the freshness of the fetioon*
wa9 discoved a full length- portrait c £
Washington, and two busts of, M lv
Jefferson. - The size and form of the
room are . admirably adapted to tk*
accommodation of a large
being wide enough for two paralfrl U*
bles, and.a cross table at the he
which promoted festivity and sociali,
ty,. and prevent the dispersou which $
single long tabic creates.
The superintendence of tlib
celebration wtis confided to the
following Committees, compos
ed of members of Congress.
Committee of Arrangement*.
Mr. Haynes, of Georgia; Mr*
Desha, of Tennessee; Mr. Hub.
bard, of New Hampshire; Mr.
Hinds, of Mississippi; and M\\
Miller, of Pennsylvania*.
Committee of Invitation*.
Mk White, of Tennessee;.
Mr, Hayne, of South Carolina;,
Mr. Woodbury, of New-Hamp.
shire; Mr Hall, of North Caroi
lina; Mr. Yancy, of Kentucky;
and Mr. Cambreleng, of New.
York.
r.
i. Committee of Toast*.
Mr. Benton, of Missouri;
Mr. Troup, of Georgia; and/
Mr, W. R Davis, of South. Car.l
olina.
On our first page wiir bo
found the able opinion of tin*
Attorney General, of the Uni
ted States, promised in the last.
Cabinet—lts soundnesr of po*
sitioiv--perspicuity of language
and* justness of conclusion*
must caaty conviction! to the
miadk ©ff'al m& predtetermiiji, ci
ta dose (fair eyes* aQnoftt
light of truth.
NEW CEPSUSI .
We have “ Act for taking
the fifth census or enumeration of the in
habitants of the United States, paosedl tho
23d ult. It directs feh Marshall a©f the
United States, in t&e: asawesatii States and
Territories, to make*,wader the iastrocti- o
of the Secretary of State, an enumeiaiim
of all the inhabitants, except Indians not
taxed. This enumeration is to be very
explicit—lt is to “ distinguish the sexes rs
all free white persons, and ages of the
free white males and females, respective
ly, under five years of age; those of five
and under ten years of age; those of ten
and under fifteen; those of fifteen and
under twenty; those of twenty and
under thirty; those of thirty and un
der forty; those of forty and un
der fifty; those of fifty and under sixty;
those of sixty aod under seventy; those eX