Newspaper Page Text
VOL. I.
PUBLISHED EVERY SATURDAY MORNING
BY O. P. SHAW,
AND
Hdltcii S>y A. G. FAMBROI GH.
Terms. —Three dollars per annum, payable within six
months after the receipt of the first number, or four dol-
Iji, if not paid witliin the year. Subscribers living out of
llio state, will be expected in all cases, to pay in advance.
Jfo subscription received for less than one year, unless
lid money is paid in advance; and no paper will be dis
lootinnod until all arrearages are paid, except at the op
lion of’ - publisher. Persons requesting a discontinu-
Jiiccoftneir Papers, are requested to bear in mind, a set
ik inent of their accounts.
Advertisements will be inserted at the usual rates;
vtien the number of insertions is not specified, they will
;;continue’ until ordered out.
j£j= ‘ “ ‘ i the Editor or Proprietor, on mat
lsrs connected wi hive stablislimont, must be post paid
uorder to secure attention.
1C? 3 Notice of the sale of Land and Negroes, by Ad
ini iistrators, Executors, or Guardians, must be published
sirs days previous to the day of sale.
The sale of personal Property, in like manner, mu3t be
published forty days previous to the day of sale.
Notice to debtors and creditors of an estate must be
published forty days.
Notice that Application will ho made to the Court of
Ordinary for Leave to sell Land or Negroes,must be pub
lished FODR MONTHS.
Notice that Application will be made for Letters of Ad
ministration, must be published tiiikty dats and fur
Letters of Pi mission, as months.
{£*=■ .'/care authorized to announce G. A.
PARKER, Esq. as a Candidate for Sheriff at the onsu
n January Election.
July lti. —!5
(SjWo arc authorized to announce the name
ofjohn ■ rowel, as a candidate “< • Clerk of the Supe
rior Court, of Lumpkin county, at ho next January Elec
tion.
Oct. 19,-25
Wc arc authorized to antiouuce the name
d'JauiCH F. Footer, as a candidate for Receiver of Tax
rtjms torLinmkia county, at the next January Election.
Oct. 19, -2S -
JN obedience to an order of the Court of Ordinary of
Newton county, the undersigned, as guardian of the
oiphaiMof Jess:* CUumpion, will, at public outcry, sell*
on the promise®, all the Lota in the town of ACJRARIA,
Lumpkin county. Georgia, beginning the sale of said
Lots on the first ikies-lay iu November next, and con
tini’ing the sale from day to day until all will have been
.old. The Lots vary in size, from sixty by one hundred
aivllive feet, to live hundred and fifteen 6y six hundred
anti till* n feet. This thriving town L located on the
ridge dividing the waters of the Etowah from those of the
Chcstatec; and as regards salubrity of air, purity of wa
ter, fertility of soil, and quantit y of the most precious me
tal, is surpassed by no neighborhood in the Southern
.States. In rapidity of improvement, it is unequalled by
.1:1 Vtown or village in Georgia; and, as the sources of its
prosperity are inexhaustible, its importance must bo du
rable. The terms will be made known on the day iifaale.
WILLIAM K. BillEltS,
Guardicn..
August 21. —50- Ids.
IFiKSTOiaiK&S-
And Commission Business.
TANARUS; !E undersigned think it proper to inform tluir
friends and the public, that they still continue the
above business, at their
New F{ re Proof Warehouse.
r, jCjpjrSl
AUGUSTA.
They intend having nothing to do with the
purchase of Cotton, hut will devote themselves exclu
sively to business confided to their care They are pie
pared to make necessary advances, and respectfully re
now the offer of their services to the public.
STOVALL Sc SIMMONS.
August, 10—IS—2m.
Gold Mine for Sale
AT
AWtr ©Sm
WILL be sold at Auction,at Lumpkin Court House,
on the first Tuesday in November next, Lot No.
W 9, 12th District, Ist Section. Seven diets of Gold pn
hold per day, have been made on tliis Lot, and it is only
said to meet the urgent necessities of the drawer, who is
unable to work the Mine to advantage himself. Un
'iusstionablc tides will be made. Terms, one halfca*h,
di-i balance in twelve months.
RALPH SMITH,
Attorney in fact for the Drawer.
Sept. ll.—23—tda.
LAND lIUS TER S.
THE suhseriber n'.' m S in the! P art 01 El W a )’
rr, . ~ (,n the . 4, rctt rond leading
Town in Gilmer con..on uie u. . , .*
from saidtown to Sanders, on fits Federal Ro.; > * q
famished himself witi# Maps, Lottery Letters, ana
other necessary information m relation to Lands .
mer, and the adjoining counties, tenders his services tO
all those who maybe'in search of Lands, in the above
Section of country, to show lands or give such inlorma
lion as may be desirable to owners, or others interested,
ha will also act as Agent in purehaseing lands at bherin
Sale, in Gilmer county, his charges will be KajpcaaWc in
proportion to his tronble. JAMES B. lILA bUJN.
_June6l,— 15—ts.
SIXES GOLD MINE FOR SALE.
THE Gold mine No. 212, 1 5th district, 2d section,
known as the Sixes mine is for sale. It is unne-
Pessary to dcacribc the lot as it is well known to miners,
tlie most valuable mining lot in the district, a here is
sufiicioncy of water for 20 rockers, and cabins are bull
lor the hands. Letters post paid addressed to me at 1 al
lahasscc Florida, will be attended to. The purchase mo*
■ “SV, if well secured can have rcnnonablc time to run.
THOMAS G. GORDON.
Sept 23, —25 —4t,
To Gold Mine Speciilators,
The Undersigned tenders his services, as an Expo
ri. need practical Miner, to examine and test any
lot in the Gold Region, disbelieveing in auv certain tiico
rwuntil proven by practice, he will warrant his opinion
when given to bo correct, his price for examiningand giv
ing a verbal, or written opinion, as may he required of any
Lot, will bo twenty five Dollars Letters encfoscing that
amount in Cash, w'ill be strictly attended,and all necessary
information given, he mov at all times be .ound at Lcath-
Ford or in Auraria Lumpkin county. ; jjjgfvy
~ n2Tit M —!3-s-;f.
AUiA.JA, LI WPKBX COUff A’a, A T OVB3rIBE ‘ ‘5 j.
I VALUABLE LANDS FvA SaLE.
fBNI 1 1. Lubscriberoffers fir sale the following Lands,
1L to wit:
CARR LL COUNTY,
No. Dis.
98 10 l Adjoining
127 10 > Carrollton,
IriO 10 ) well unpr’d.
76 10
31 1
98 G
136 6
49 5
837 7
19 9
C HEROIC EE COUNTY.
No. Dis. Sec.
119 15 2
CASS COUN TY.
556 15 ®2
GILMER COUNTY".
258 11 2
UNION COUNTY.
165 S 1
266’ 11 1
For Terms, apply to A. G. FAMBROUGH,
Auraria, Sept. 7.—22—ts.
NOTICE-
A LL persons are cautioned against pureh sing the
A following Lots which were drawn in the late Lot
teries, and have been conveyed to mo by good and suffi
cient titles.
No. Dis. Sec. No. Dis. See]
457 14 1 tlSl 19 3
1243 19 3 198 3 1
1616 33 244 3 2
1134 12 1 1128 16 2
336 19 2 138 6 3
49 9 3 1012 11 1
820 14 970 4 1
532 17 2 1103 4
408 1 2 826 17
31019 2 738 14
1096 2 1 296 15
145 3 4 132 12
207 10 3 416 21
IOC7 2 a
THOS. BUTLER KaNG.
Glynn county Geo.
Sept. 28, —25—4t—
GROCERY AND CONFECTIONARY,
JT Received and now ofibred at very low prices, at
Lumpkin Court-House.
1 lolland Gin,
Jamaica Rum.
Cogniac Brandy,
Rye Whiskey,
Cordials assorted,
Claret, Madeira,Tcncrifij and Jlfalaga Wines,
Porter, Ale and Beer,
Soda and Seidlit Powders,
Lemon Syrup,
Cheese, Beef. Sausagesand Crackers,
Rice and Kaiscns, I
Candles and Tobacco,
Cocoa and Brazil Nuts,
Almonds and ■ ‘azleNuts,
Scotch and A t. Snuff
A general assortment of Patent Medicines,
Cigars, Spanish and common.
Shoe Black, Paste and Liquid,
Cologne and other Perfumery,
Fancy Cake, and Ball Soap,
Sugar and Coffee,
Fire Crackers, Starch, Pearl Ash, Ac. &c.
A general assortment kept constantly on faandas
above. , N. B.'HARBEN.
August 31.—21—ts.
V ALUABUE TOWN PROPERTY FOR
SALE.
Sffihi rHVIE subscriber offers tor sate,that valua-
JL ble House and Lot in the town ot
JGainesville, Hall county, formerly occupied
by L. Cleveland for a Tavern. The Hous
is situated on the Public Square, fronting the Court House.
in the most eligible part of said Village, and iswell adapt
ed for a Tavern, having fourteen well ventilated rooms ;
four Chimmes with eight fire places; a good Pump, and
all the other necessary out buildings; a good Garden and
stable lot, well improved. A liberal credit will be given.
ROBERT MITCHELL.
Sept. 7—22—ts.
VALUABLE LAND FOR
THE Subscriber wishes to sell the Lot of land where
on Wiley Bishop now lives, near the junction of the
Chostateo and Chuttaboochie rivers, containing one hun
dred and fifty Acres, more or less, thirty-five orforty Acres
of cleared land, with good fences, and comfortable dwel
ling and out houses; with an excellent fishery and Mill
Shoal. For terms, apply to
ARCHIBALD BISHOP, o/
G itincsviUc, Geo,
Jur.c 4.—C—ts
RAN AWAY,
s. gD “gTI ROM the subscriber on the 12th inst A
Negro man by thenameof Henry, about
eighteen years old, yellow complected, slen-
RSgY der made’ 5 feet Bor 10 inches high, has rather
a down look, when spoken to, stutters, and
Sj/gj materially changas his voice before ending a
sentence. He belongs to a gentleman by
Eli 11. Baxter of i i ancock county, Geo. but
was in mv employ when he absconded in trie neighbor
hood of Auraria, where I have been oppi ratmg on a gold
mine and was brought from North Carolina to this state
bv a speculator. It is probable that ho lias been induced
Ito leave by the persuasion of some white person .
I inorchendiug said-Negro, and lodging, him in
1 fail will be suitably rewarded by dropping a
line tcHl H. Baxter, of Hancock county, or the subscri
ber in Auraria, Lumpkin county COOK
Scpt 28.—25—31,
HAVING recently removed to Auraria offers his
professional services to the people of pumpkin,
and the adjoining counties.}
1 OH- 5. —25—6t.-
8t c .mes, tile 11 cr aid o a , id' C4 rJ
* ) iC .
FOUR months after <!ate application will h< made to
tlicllonOYablt’th<Tuf-do’ ■ ou>t of teuton t'oimty
when sitting as a Court of. vdinaw, for said “ounly. for
leave to sell the whole oft'ie Real Estate belonginirto Jes
sc M. W hite deceased for tie benefit of the creators of
said deceased.
JOfTN SMITH, ) . . .
Z ACHEUS PRICE, < Admr s -
July 16—15—w4m.
NOTICE.
FOUR Months after date application will be made, j
to the Honorable the Inferior Court of Lumpkin ‘
[ county, when setting for ordinary purposes, for leave to
sell the real estate of Robert Ligon, sen. late of said coun- i
tv, deceased.
ROBERT MITCHELL, ), , ,
R< >BERT Lid N, jun. \ Admr
Sept. 26,—25—w dm
STEPHEN DOT CT.AS ( RAN ,
aVJ ? 9
H # ’ * ING removed to \tiraria, Lumpkin county,
now tenders liis profes3fonal services to the public,
and wil practice in all the'eounties of the Fherokce Cir
cuit; and Carroll, Campbell, Deßalb, Hall and Haber
sham counties.
Having been engaged for three years in gold mining,
he will, (assisted by ‘ !r. George S. Moody, frjm N’or'h
Carolina) act as agent in the examination, an! salt of
gold lots.
Letters upon either branch of the above busiuess, ad
dressed to m \ will be promptly ad faithfully attended to.
August 24.—20 —ts
LAW NOTICE.
T’- E imdfrsigncd have entered into Copartnership.
* ! i t'i: practice of 1. 5 “, and hope by strict atten
tion to business confided to their care, and tie assistnne
ofjudge Underwood, to merit a share of public patron
age. They wi'l p‘-)ctice in all the Couniies of the Che -
okon ircuit, id the adjoining counties of he Vstern
and CLattahoocliee Circuits. Their office is at (he Cour
House in Lumpkin county.
EZEKIEL W. CULLENS,
GASTON M. UNDER (XJD.
July 2.-13-ts
law Morins.
THE undersigned have entered info copartnership in
the practice of the Law, for tiie Count ->f Lumpkin,
and will attend to any professional business, which may
be confided to their rare. Letters addressed to Harden
and Rogers,either at Athens ot .iuraria, will receive prompt
attention.
EDWARD HARDEN.
JAMES ROGERS.
May 7.— i —yyGm
ACHILLES D. SHACKELFORD
C yi'lp. County. (It- rgii •
WIT I attend punctually to all Imaim*** entrust*
to hi- ci: t fir ‘hrrokoc < ireuit.
Communications mist be post paid.
Sept. 21. —2d— 4t.
J. IE. sc-"0 KEP.
A(DUi ! W t tX® lh&l?o
HAS perman r|ly si tiled hims. If i uuvilie, Cass
county,and will re-. it!arly attend to • business
directed to his care, in the Cherokee Circuit
Anattst 17.—19 Cm:
NOTICE
THE FIRM OF A. N. BAIRD & Cos. was dissot
ved on the 6th inst. by mutual consent.
A. N. BAIRD
a. McLaughlin.
Sept. 7. 1333. .
4LL persons having business with the late firm of
A N. Baird, & Cos. will call and settle the same
with A. N. Baird, who is duly authorised to close the
basin’ ss of said Firm. A. M’LALGHLIIN
Sept. 7. 1533.
ALI. persons indel ted to the said firm, arc hereby no
tified to come for ward and settle the same immedi
ately with the undersiirned, at bis residence, “.Vincis
Retreat,as 3 .ngcr indulgence cannot he given.
A. N. BAIRD.
Sept 21. 21--ts.
NOTICE.
A LL person’ are hereby cautioned against trading for
nk the foil .- mg not -s: one for eighty dollars, princi
pal,- another forth eo ho-elrod and seventy Dollars: also,
ai. obligation on Asa ‘ eith, and Vincent D. K ith, for
eighty two head of ho.- in >do payable to Benjamin-V.
Smith; as the consider.! oil for the above notes and obli
gation has failed, and we are determined noltopay them,
unless compelled bylaw.
Also, a bond given to the said Benjamin M. Smith to
make titles to Lot No. 12, in the 6th District, 2d section ;
also a bond to make idles to Lot No. 164,8 th District, 3d
section; as the consideration for the said liond have fail
ed and I am determide ! not to make titles or pay the same.
ffilliajw and. Keith.
Oct. 12—27—ts
$lO REWARD.
_'■UISTRAYED or stolen, frem the su!>.
ijEs-jffljSJ jSJJ scnbi r at Lumpkn ( -urt-lioii-i,
J about tile 10th of April last, a small 5.,.-
rel horse, five or six years old, with a stu
in his forehead; racks well. The above reward will b
paid for his delivery to an-, and all reasonable expens
naid Any information respecting said horse, will
thankfully received.
P. R. M’CRARY.
Sept. 7. —22—ts
STOLEN
FROM a Cherokee Indian, on tl e 23d of September
last, living nar the Big Savannah,in the 15th dis
trict, tst Section, a bay stud Pony, about fourteen hands
high, four years old, three white, and the left fore foot in
clined to be roan, and has on his right side a roan or hit
spot; a star in his forehead. Any pc.son giving infor
mation tome, living at New Bridge, Lumpkin county,
will be compensated for their trouble.
JA-WES D‘ ‘NOHOO, Indian
Agent so- Lumpkn county.
Oct, s.—26—ts,
NOTICE.
Ms AixEN up some short time bade, a
B bay horse, 12 or 13 years old, 14 cr
15 hands high, with a star in liisforohead.:
, The owner can have the same, by prov
ing proper! v and paying all nncesoar. expenses. Fo’
further inl'ormatio apply to the subscriber, living s.- tno
12 or 15 miles, on the road leaning from Auraria ‘ f) Elli-
IXV. PAVIDG.Crm
S Oct J?.— 23—V
1- J I go. , a
255 1 4 445 14 . ~
201 1 3 634 11 110 i<l 4
193 1 2 47 4 4 2b9 10 4
16 2 I 805 4 1 132 10 4
633 2 2 .744 4 1 218 10 3
113 2 4 033 4 1 1116 II i
387 2 4 1 5 4 1 768 II 1
602 2 4 CIO 4 I 61 ll 2
95 2 2 252 4 4 775 11 I
198 1 2 231 4 1 1038 ll 1
779 2 I 113 4 2 61 12 1
633 2 531 4 1 23 12 1
113 2 4 213 4 1 504 12 li
387 2 4 1237 4 4 180 12 1
602 2 4 123 4 3 130 12 I
952 2 2 522 4 1 152 12 2
138 1 2 IC7 4 1 .368 12 1
455 2 4 10-21 4 3 731 12 2
167 3 2 54 5 1 105 12 4
•331 J 140 5 1 139 12 4
867 -3 J 1187 5 1 44 1 2 2
205 3 1 72 6 1 85 1 9
89 33 294 6 4 41 12 3
286 3 a 218 7 2 58 12 I
>O4O 3 1 47 7 3 255 13 1 “ .
839 3 2 311 8 2 239 13 I >
952 2 ~ Id 8 1 11.3 13 ! N
253 3 f [ 39 a 3 276 13 4
58 9 3 j 73 8 1 74 33
349 3 IgO 9 1 739 11 1
1(126 3 ~ 107 9 2 803 14 1
558 3 4 9 2 63| 14 |
177 3- ]O 4 9 2 1245 14 I
4 050 3 ; i,.j 9 2 383 14 I
80.3 3 J 18 2 460 13 1 M
469 3 ~ S9O is 2 370 21 3
MS “ a 404 I 3 3 433 21 .3
210 14 „ i 0 , 9 18 3 131 21 2
623 15 - 7on 3a 3 250 21 2
723 K 5 J c;o 7? 3 809 21 2
543 15 f 2JB 18 1 766 21 2
465 10 9,0 19 3 054 21 2
60S 15 2 ore ‘l* 2 774 21 2
534 1 7 2 050 19 3 606 21 2
881 16 2 28 19 3 27 22 2
452 1 6 2 19 2 201 98 2
32 16 2 j 9() 19 2 252 22 3
197 16 4 ,H 9 13 3 242 22 3
173 13 3 ; 3SO 19 2 300 23 3
101 16 I J 133 19 2 213 23 3
106 IG 3 750 19 2 351 23 3
679 16 2 949 19 2 35 23 3
135 16 2 on 10 2 67 23 3
663 16 2 400 19 3 216 23 3
7 17 1 230 19 3 276 21 2
610 17 3 215 19 2 64 25 2
613 17 2 772 20 3 CO 23 2
506 17 2 , 2G6 ;0 3 109 26 2
541 13 ? 8?n 20 3 67 27 2
28G IS 1 ,280 20 .3 274 27 2
231 13 3 421 21 2 37 27 2
os a 126 21 1 2,3 23 3
325 19 3 897 13 2 117 13 1
For Terms, apply to J. C. HABERSHAM, or
R. KiN'i, Auraria
Oct. G.—29-3t.
RAM v.-:ay
Vs 6271 til** stibscrim r on the 10th
“ inst, a N.■ “io Fellow by the
name of John; he i.i a f*!!ow oi'small
* f*i2ie,dark coniplectod; nfumi 25 or 23
\ years of ag ; has Ivc hi; I to Mr.
GJr®; William Ho ‘• •• dir-inff th*’ summ.it
P* £& ns a < -nk in \ üblif nnhsa in Aur.i
jjj# ria, and has been hind also, i r.
‘VGffiS?.- ’ *Vutkins in tho saiiu* place as . ( ooh.
The boy is woll known by many. Any person ‘Te’iv r
■n*-bim at my GoM mnn ( ane Creek., >'o. 864 t
* at iny residence, shall receive the r ward of ten Dol
lars on delivery, or confine him in am jail in llie Stale.
\V. PIN t BACK.
nCI 2G.—2o—if.
? NilLli “
rg” l : ‘ subscribi r takes t!iis m. thoil to inform fno Gold
Ja. and Lund .Speculators, that Lot:; No. 23in the lath
District of tho 2d Section, and No. 134, in tli 9lh Dis
trict, and 2d Section, are now for sale. Persons wishing
to purchase eith rof said lots, will call on Tho nas ( haf
i fin of Cniwfbrdvill a , who is my legal agent, and the only
person who is legally authoris and to dispose of the s;*m
GEORGti W. KV ‘a”
Oct. 20. 23- tin2m. <
< ASS\ UA.V. IIOTKL.
Sutiscriber respeetfidiy inluriiis Ida frieudK u 1”
.H thu Public in general that he ts now openin ‘ a
Hour of ante-tainmeuf in •ss-ville, Cuss county, where,
from tiis k lowledrre of buKiness, ho hopes to shear a rea
sonabl portion of their patronage.
’ MALACHI JONES.
July 9,-14 —
The Southern Banner, will please gv the abevothrer
Insertions and forward their account for
NOTICE.
A I.L persons are desired to take notiec, that 1 have
Ti tills day and do hereby revoke a power of Attorney,
which 1 have heretofore executed to one Stephen Hanie,
authorizin',’ him to sell Lots No. 859, ISth ‘ ‘i-tnet, 2d
Section, and 75, Bth District, Ist Section, and I caution
all persons from tradin v for said lo’s, from said Hand'.
1 THOMAS WEST.
Julv 9. 14—!m
POST ODER I ARRANGEMENTS.
To J\;st sters and the public.
STNOR the tut urn a't letter* intended for persons at
Lu ‘ipki'i i curt House, and its yirnity, should be
directed Lumpkin Court 1 ‘..use Georgia. All tellers m
e nded for parsons at Nuekollsville, Harimi’s stop Anu
ria and its vicinity, should be directed Auraria Liiiiij
unty. G< irgis. ftlß t MAn 1
i<-Tobt i 5, 26—6t—
NOTICE. ~
ALL persons indebted to David Neely,late of u.
county deceased, arc n quired to make limn.-
; ayment, and nil those holding dcmaHs igu'.is’,
• ceased, arc hereby notified to render term - -.<■ . : mu
to law. SARAH NtTIA-.A.d.ub
Sept 28.—25—40d,
NOTIf,E.
A 1 1 AN cxpcrenccd n (h e Mining business wi;
JAgive the best refer.- f cr his eh .meter a-m
Hies, wislr-stq •o t i , ',,p!oyiueiit .na mmtyveiiior dr;
Enquire at this O^jcp.
August, 10— -is—ts.
GOLD.
in* DTH Can-oil and Cherokee, willhe potcimsc.-
jS all time* and tho rWC^INSON.
Macon, Sept 2S. —25- w3m,
BLANK DEEDS
L iiIAMA controVEi:SY.
Liiiievj, ton Ike Secreiunj oft Var In Governor
Gayle, of Alabama.
Department or War, )
September sth, 1833. t
Kir :—I have had the honor to receive and
1 to lay lieforo the President, yours of the 20lh
! ultimo, and I have it in charge to communicate
to ou his views upon the subject of the intru—
• ders upon the Creek hinds to which you refer,
i The occurrence which has resulted in the.
di nth of an individual, is much to be deplored,
i h\ hether the circumstances were such as to
| justify the act, is not for me to judge. It is tho
j earnest wish of the Department, that the force
: employed in this unpleasant duty shaii be appli
ed so as to produce the desired result, with tho
b as! possible injury to individuals and with the
greatest forbearance ; and such will be found to
bo the spirit of all the instructions which have
been issued.
1 lie treaty by which the Creek Indians in
inarch 1832, ..eded to the United States their
possessions in Alabama, contained this stipuia—
j turn.
Article sth.—“ All intruders upon thecounny
hereby ceded, shall be removed therefrom in the
sa’ .e manner as intruders may be removed oy law
irom other public lands until the country is
survyed and the selections made ; excepting
I however, from this provision, those white per-
I sons who have made their own improvements,
and not expelled the Creeks from theirs. Such
j persons may remain till their crops ate gathered.
After ill- country ,s surveyed and the s. lections
urn. l , this adude shall not operate upon .that
part ot it not included in such selections,
lint intruders shall in the manner before describ
i cd, be removed lrom the selections, for the teem
1 of five years from the ratification of this treaty,
I or until the same are conveyed to white per
sons.”
It will iic seen that by this article, the gov
ernment assumed upon itself the obligation ot
icmoving intruders from this land, in the same
manner as intruders may be removed by law
from other public land. The “ monner” herein
referred to, is , reseribed in the Act of Congress
passed March 3d, 1807, entitled “ An act to
prevent settlements being made on lands c-pdctl
to the United States, until authorized by law. 1 ’
1 his act provides for the interposition of tho
Marshal, and the employment of military force,
under the orders of the President, and furnishes
the iiinhority, by virtue of which the pn -• ed
itigstn Alabama, in relation to this subject, have
tak: :t pla. e.
Tnere are two limitations to this obligator..
One excepts from its operation, “ those u hito
P 1 rsons, vvlio have made their on in.-juote
ments, and not expelled the Creeks from thi-trs;
su- h persons may remain till their crops nru
gathered.” As the season herein alluded to,
hus passed away, and the c rops been gatlu , id,
tins provision is no longer ajiphtable to any set
tler upon these lands.
The other limitation is to th district of coun
try, confining the obligations of the government
to remove intruders to the tracts located for tho
Indians, “ after the country is surveye and tho
S’ lectt ns made,” and leaving the duly of re
moval imperative over the whole cession, until
both of these objections are accomplish! and.
The country is now suiveyed, but the lo a ions
are not yet i ado, and considerable time murt
lap-e hi lore this is done. No vxertioas on
t’ e part oi tile government will be spared to
accomplish this object us speedily as possible;
but fro.a reports which have been made, that
impositions have In cn practised upon tho
Agents employed in taking the census, and that
more than two thousand names of pers'-ns arc
returned upon the lists, who are not entitled to
reservations, and from the consequent neces
sity of rigid examinations, as well as from tho
nature and extent of the locating duties, it is
evident, that this business will occupy sonic
mon hs.
It is ob vi ms therefore, that the treaty im
poses upon the government the duty of reinov
itigintrudrrsfu.nl these lands. It is equally
obvious, that the mode of removal is prescribed
lh I instrument, and isspeeificallvp o ided lor
b> an m t of Congress ; and I may add the tact,
that th whole subjeet was fully explained to
1 c Creek Chiefs, previously to the execution
of the treaty, and that they were told what were
the legal pow ers of the government upon this
subjeet, an i how they would he carried into
effect. ‘1 here chiefs were, exceedingly anxo os,
that a stipul ;tion should, bo inserted, providing
for the extension of Vue intercourse act of ISO 2
over the country, and thus vesting the wbolt ju
risdiction m fh,e United States. But they wore
explicitly ‘,r,lil that the President coulu not and
would - ,iot assrnt to this.—But that as the land
bv i; , cession would become the property of
die Unit’ <i States, all intruders on it should bo
, loved, n■’ they n.avbe removed from other
j.. • .;ic lands, in this, after some time, and
i some reluctance', they acquiesced.
| h vo the honor lo enclose a copy of art
,■ iie.ii,'.i of the Attorney General, by w hich you
,;oo ‘ I 1 .: t officer cous-'iders it the
the dotv of the President to cause
: emovate to he made. Indeed, lam not
| aware, that tiff’ constitutionality of that’ act
i of Congress of March 3d, 1807; lor preventing
! sol dements upon the public lands has ever been
i ailed in question, and the considerations con—
nested with the subject are so obvious, as to
preclude all reasonable doubts upon the matter.
Here then is a positive duty, and on ac
knowledged constitutional authority, requiring,
the interposition ofths President in the cas ■
so. SO.