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CABIN ET.
n jiitnFA TfLY. MJiV 22, JH3O.
I am sick, said an Athenian,
at hearing the term just so re
peatedly applied to Aristides.
Our neighbors of the Statesman
and Chronicle appear to be in
fected with the same loathing
when any thing like approba
tion is expressed coupled with
the name of GEORGE M.
TROUP. General Ilaync lias
received their tnaiked attention
for his toast at the Jefferson
celebration, and the just and
ell earned tribute to the char
acter of the Georgia Aristides
in hi address on that occasion.
Put \vhat is deemed the unkind
et cut of all is the following
paragraph, which recently ap
peared in a South Carolina pa
per—
“ For oui'Si Ives, wc approve of the
fours’- pursued by Gov. Troup, ami
lijs brother statesmen of Georgia.
We .believe that those gentlemen
have contributed more essentially to
the presi 1 vation of State rights, than
ttlij oilier turn now loitiuj “
Yes, the old and inveterate
opposers of “Gov Troup and
his brother Statesmen of Geor
gia” may winch—but the de
cree has gone forth, and the
principles avowed and success
fully maintained by the ‘Troup
party in their contest, With the
coalition of Adams, Clay, Cos.
lias identified them with those
Statesmen and patriots who in
days by-gone lave espoused,
and whilst our confederated
republic exists shall espouse the
cause ot the people, byadvocat*
bvg £5 practising upon the invio
lability of “the Union of the
States and the Sovereignty of
the States.**
In the House of Representa
tives of the U. S. a fruitless at
tempt has been made by Mr.
Beall, the Chairman of the
Committee on Indian Affairs,
to take up the Indian Emigra
tion Bill from the Senate, by a
vote of 8.3 to 09. The session
of Congress is drawing to a
close, and should this vote be
indicative of the fate of the bill,
we look with anxious expecta
tion to the first of June. Our
Slate laws will then go into o
peiation throughout our char
tered limits. A body of United
vVtates* Troops will be in the
Cherokee nation—their num
ber not precisely known, being
variously icpreseiited— having
expelled the gold diggers, v* hat
further effects
may produce cannot be fore
seen—we, however, look with
confidence to the national ad
ministration for all its counter
nance, compatible with its sa
cred obligations in carrying into
effect principles they have so
repeatedly recognized. i
We give a place to the
lowing decision of Judge Craw
ford, under a conviction of its
importance to the community
at large.
LLBERT SUPERIOR*COURT.
March Term, 1830:
Juhu Due ex dem oh
Chiles T. Key,
Appellant
vs * --Ejectment.
Richard Roe a;d j
David Mattox, j
Respondent. J
The plaintiff produced a co
py grant, for the land in dis
pute, after accounting for the
absence of the original, and then
a sheriffs deed and the Justi.
Jces docket from which the exe
cutions issued under which the
sale was made, by which it ap
peared that judgments had been
entered. Defendants counsel
then required tlie plaintiffs
counsel to prove that the exe
cutions had the entries upon
them that there was no person
al property upon which they
could be levied, before which
enhy they could nor he levied,
upon land. It was contended
by counsel for Plaintiff that ev
ery thing had been done which
could be required. They had
shown subsisting judgments
and it was always presumed that
officers had done their duty.
That the sheriffs deed showed
that these executions had been
been levied upon the land in
dispute, and the legal presump
tion -was that the executions
had the entry upon them which
authorized the levy and sale of
the land f hat the presump
tion in favor of officers ought
to prevail in this case. It was
admitted that if the executions
weie produced m eourt and had
not the entry upon them, it
would be fatal to the plaintiffs
title. By (he corrt, if has been
long the practice of this court
in all cases where title is deriv
ed under a sheiiffs deed to re
quire the production of the ex
ecution under which the sale
perported to have been made,
or the production of a good and
subsisting judgment, the exe
cutions was not required rigid
ly to he produced, because it,
was that they were sometimes
not returned and recorded. But
all judgments in the Superior!
and Inferior courts bound all
the property of the defendant
both real and personal; not so of
a judgment in the magistrates
courts, they became afien upon
: land only upon one contingent
cy, viz: that there was no other
personal property ekc< pt ne-i
groes. I nder the statute mak
ing this regulation, it has been
invariably determined that the
only evidence of the non-ex
istence of personal property
which would be received by
the court was the entry upon \
i
the execution by the constable
that there was no other per
sonal property except negroes.|
The production of the Justi
ces docket showing that judg
ments had been entered against
the defendentdid not necessa
lily show that they could be
lawfully levied upon land. This
question was submitted to the
Judges at their last convention
and they decided that sales of
land or negroes under execu
tions from Justices courts with
out such entries were void.
This court was not convinced
Jthat the opinion of the Judges
Wa ooncigtent wltlj tlie lawn or
England, but that conviction
ougut not to be suffered to in
fluence the decision of the ques
tion now under consideration
By the laws of England sales
made in market overt are highly
favoured and such are all sher
iffs in this state. The courts
in this state have innovated
much upon the British law, and
this court is not prepared to de
cide that such innovations have
not been improvements in ma
ny cases, this court is convinced
they are improvements. “The
court is therefore of opinion that
in this case it is incumbent on
the plaintiff to produce the exe
cution or account for its ab
sence, and then to prove that
they had the necessary entries
upon them to be levied upon
land. If this was not required,
all that would be necessary
would be to keep the executions
out of the view of the court, and
then the presumption contend
ed for by plaintiffs counsel
would be effectual; when the
production of the executions
would defeat the iitle derived
under them.—A nonsuit was
awarded.
A bill of great interest has passed the
Senate--— we refer to that graduating the
price of public lands. T his measure has
evei been considered one of great impor
w/ Ce *°.\ ar dently desired by the
West. The consequence of the mode
ot selling now pursued is, that all the best
anus are purchased, and the inferior left
unsettled, except by “squatters,” and
those who have no disposition to pay for
them. The reduction of 50 cents’ per
acre to actual settlers, and of 25 cents to
the general purchaser will be the means of
relief to those now on them, and afford an
increase of population on the ‘ refuse
; lands. The measure, was emphatically a
; western measure, and afforded a test of
j the smeerity °f some of the professions
| made during the “Great Debate” in the
senate, of regard for the interests of the
west The bill was ordered to be en
grossed for a third reading bv a vote of
24 tc 22. The western Senators, accord
ing to the Telegraph, voted for the bill
unanimously, with one exception,[Mr
Burnet, ot Ohio.] the Senators south of
the Potomac votedybr it unanimously
wnh two exceptions and one of these (Mr!
V’f r L o s, ,r g ,n,a >> voted With thefrienbs
, on a d preliminary puestions;
the Senators north ot the Potomac voted
it unanimously, with one excep
t.on,[Mr Woodbury.], There was at one
time a tie. and the Vice President had to
give thecasting vote. This was on the
motion to strike out the minimum of sev
enty cents, to general purchasers; a mo
tion on which tl.e friends of the bill div
ided, aud Mr. Calhoun voted with part
o them, to make the bill more perfect,
and to ensure its final passage. The most
animated discussion took place, on e mot : r,
of Mr. M‘Kin ley, to fix the price
actual setters at jif'y cents per ac ‘
1 ’] his motion was zealously supported 1,-
the mover, and other friends of the h
who made a brief but powerful appeal
the Senate, in tavor of this meritorious cl .
of citizens. The vote on this motion r .
not takeen by yea 9 and nayes, but i ,
West, itself, was not sufficiently unani
ous in favor of it—Mr. Barton, of Mi*
ouri, being against it.
Both the Senators from Georgia vot
for the passage of the bill—Mr. Smith' '?
South Carolina against it, with Mr. Tyk
. of Virginia.
REM GOAL OF THE INDIANS
In the House of Representatives
the United States on the 13th inst
Mr. Bell moved to postpone’ the ot! -
er order of the day until day nrx ,
with a view to take up the bill fro; ,
- the Senate foe Hyp ramuol ,f the ],
dians to the West of the Mississippi.
Some discussion ensued as to tin
day of postponement of some., of'tin’
various bills upon the order of tin
day, all of which were eventually post
poned until Monday. ,
The House then went into a Corn
mittee of the Whole on the state of the
Union, Mr. Wickliffe in the Chair
and on motion of Mr. Bell, teok tm
the bill from the Senate to provide for
an exchange of lands with the Indians
residing in any of the States or terri*
tories, and tor their removal West of
the River Mississippi.
Ihe bill was and, at the sug
gestion >f Mr. Bell, an amendment
made in its first section, adding th£
words “or Territory,” so as to pro',
vide that the contemplated removal
should not be to sny place within the
limits of a “State <>r Territory.” *
Mr. Bell addressed the committee
in support of the bill.
He examined and explained the va
rious provisions contained in it, and
maintained that they tended to im
prove the condition of the Indians,
besides advancing the interests and
sec uring the harmony of the different 1
States of the Union. He referred, in
support of this position, to the opinions
of Mr. Jefferson, on the benefits to be
derived by tlie inhabitants of the
States East of the Mississippi, by the’
removal of the Indians Westward.
He entered into a long argument upon
the subject, in the course of which t e
descanted upon those points of the*
question which regarded the j notice,
the expediency, aid the propriety of
their removal, fifty-five thousand,
he estimated to be the whole number
of those in the South and South West,
whose removal was to be provided for,
ny the present bill; and the expense of
their removal would be small indeed,
m comparison with the estimates
which had been made upon that sub- *
j* ct, whilst the benefits to be derived ,
by the country from the adoption of*
Tie measure would be incalculable.
Mr. B. entered into a variety of
statements and details in support of
his argument. Mr. Bell, after pro-
eeding until nearly four o<clork in ‘
his remarks, observed that an indis- .
position of several days’ duration
rendered lum unable to pursue the.
subject further at this time; and ho
would, therefore, with the permission
of the committee, suspend his obser
vations for the present, reserving to .
himself, however, privilege of contin
uing them on a future occasion.
” ” ‘< I ‘7 (J •
Mr. Lumpkin said that he rose to
address the committee in continuation
of the argument of his friend from
Tennessee, (Mr. Bell) who had just
taken Ins seat, but subs* quentlv yield
ed to a request that the committee
rise.
The committee, on motion of Mr.
Barringer, rose, reported progress, *
and obtained leave to sit again; and,
On motion of Mr. Polk, the House
adjourned.
THE CHOCTaw INDIANS.
lln C lou taw Indians have sent an
agent to tins city, with power to nego
tiate a sale of their possessions ea9t of
the Mississippi. The number of tins