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VOL. 1,
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“These are counsellors
“That feelingly persuade me what I am,”
from, the Athenian, of April 5.
GEORGIA, GWINNETT COUNTY.
Gwinnett Superior Court, March Term, 1831.
The Stale Y
vs. V. Habeas Conrus.
Yforcester and others, j
THE CASE.
The defers£ht and five others w ere in the custo
dy of Col. Sanford, Georgia Commissioner, to
whom the writ w<* directed, to show the cause of
their -capture and detention, and who returned -up
on said writ that ar-Commissioner aforesaid, ap
pointed under the act -of the State of Georgia,
jpassed on the 22d of December, 1830, entitled
“ An Act to prevent the exercise of assumed and
arbitrary power, by all persons under pretext of
the Cherokee Indians, and their
laws, aad to prevent white persons from residing
that part of the chartered limits of Georgia, oc
cupied by the Cherokee Indians, and to provide
a guard for the protection of the gold mines, and
to enforce the laws of the State within the afore-
said territory.” He had arrested said persons for
a violation of said act, and particularly the 7th
ecction thereof, and had brought them to be sur
rendered to the civil authority to be dealt with as
the law directs. Whereupon their discharge was
moved for upon the pounds hereinafter men
tioned. Dougherty and Trippe for the State.—
Harris, Harden and Underwood for Defendants.
THE OPINION OF THE COURT.
Preparatory to a ceciabji of this case, it will be
pecessary to bring into 'ipw, such parts of the
above recited act, as are applicable to the question
The 7th section, in the following words: “ That
-all white persons residing within the limits of the
Cherokee Nation on the fiat day o£ March next,
or any time thereafter, witLopt a license or permit
from his Excellency tAe G-vtraor, or from such
agent as his Excellency shall au
thorise to pant such permit' or license, and who
shall not have taken the oatljlieremafter required
shall be guilty of a high misdemeanor, an d upon
conviction thereof, shall be punished by confine
meat in the Penitentiary at hid. labor, for a term
not less than four years : Provided, that the pro
visions of this section shall be so construed, as to
extend to any authorized agent or agents, of the
government of the United states, ar of this State,
ox to&ny perron who may red*, aiy of these im
provementsfcvhtch ■**ve_bcen abandoned by In
dians, who have emigrated west of the Mississip
pi.” And it provided also, thaiicmales and chil
dren-under age, were not to be sheeted by the sec
tion. The Bth section provides*, “Tuat all white
persons, citizens of the State oP Georgia, who
have procured a license in -writing f;om his Ex
cellency the Governor, or from such agent as his
Excellency the Governor, shall authorise to grant
such permit or license, to reside within the limits
of the Cherokee Nation, and whohav taken tho
following oath, viz: “I. A. B. and. solemnly
swear (or affirm as the case may he,)'.hat I will
support and defend the Constitution and Laws
of the State of Georgia, and uprightly dmean my
self as a citizen thereof so help me lod,” shall
be, and the same are hereby declared, xempt and
freo-from the operation of the 7th sectoa of this
•act.
The 11th section provides for the apointment
of the Commissioner and guard, for tlupurpose of
tarrying the act into effect. And the lith section
declares the duty and power of the gurd, or any
member thereof in arresting persona ckrged with
or detected in a violation ot the laws i the -state
within said Nation, and to Convey turn as soon
as practicable before the civil authbritj to be dealt
w ith as the law direct*!. •
In the prosecution of the defendant application
for a discharge, their Counsel set up two classes
of objections to the act under which hey are ap
prehended.
Ist. That it is contrary to the Contitution f
Vie United States.
2. Thatit is contrary to the Conetityion of the
State of Georgia.
In the first, upon four-grounds, viz :
Ist. No State shall pass any ex postjeto latv.
2d. The citizens of each state shall b entitled
to all privileges and immunities, of ctzeas in
Overall states.
id. No state shall without the consenof Con
gress, lay any duty of tonnage, keep bops or
slaps of war, in time of peace, enter inttany a
groement or compact with another state, r with!
a foreign power, or engage in war , unless dually 1
invaded or insuchoimuiueut’dangor as not
'admit oTdelay.
4th. The right of the people to be sore in
"their persons, houses, papers and effects, gainst
unreasonable searches and seizures, shall :>( be
"Violated, mid no warrants shall issue, buupon
probable cause, supported by an oath or alrma
and particularly describing tke placeo be
searched, and the person or things to be aein.
In the last, upon the following ground, viz
.f‘Nb person shall be denied the enjoy met of
any civil right, merely on account of his relig* a*
principles,” and as connected w ith this gro< W
the oath required by the statute is a test oath, id
the refore contrary to the inherent rights of mat
The course of tire argument makes it necestfy
to examine all those points. *■
Ist. It is satd that the act is ex post facto lv,
' "-in this, that these individuals were resin?
on the territory at, and before the time of thop*
-OCjiJo of the act, ynd contrary tv an existing k,
and that a residence, innocent at that time, could
not be made criminal by the Legislature.
This objection will be made to disappear by a
very plain statement. What is an ex post fab to
law ? It seems to be agreed on all sides, that it is
a law punishing an act, which when committed,
was repugnant to no law. In other words, accor
ding to the first lesson of every tyro in the legal
science, law is a rule of action prescribed for the
conduct of men and consequently regulates all his
actions after the passage of the law*, and can never
be said to be a-rule of action to past conduct, or
actions existing prior to the law. Is this the fact,
in relation to the statute before us f When was
it passed? Owthe22d of December, .1830. What
residence of these people constitutes the'Crime?
Is it the residence at the time, or before the pas
sage of the act. Candor will dictate a negative
answer to this question. When then does the
•crime of residing in the nation .commence ? Not
until after the first day of March ensuing, the date
of the act. How then can it be said, that this is
prescribing a rule of action to the past, instead of
the future donduct of-the citizens! It cannot be.
2d. The citizens of each State shall be entitled
to all privileges and immunities of citizens in the
several states. It is urged that the law' is ndt a
general one, that it applies to a particular part of
the state, and these -individuals being citizens of
other states, and coming into that territory con
trary to no taw at the time of their emigration, are
now made to perform duties that are not required
by the other citizens of Georgia residing in the
settled pans of the State, This is not a true con.
Btruction of the act. Law's are not made to act up
on mere territory, but upon people who may oc,
cupy that territory, whether one, or one thousand
miles square, and if all persons, without discrimi
nation, are to be equally affected by the law' so
soon as they enter the forbidden land, it is a gen
eral law,, because it is the whole people sought to
be restrained, and not the land. The expression
of the law is not citizens of other states, but all
white persons, w'hether citizens of Georgia or
elsewhere, who may reside within the limits of
the Cherokee Nation on and after the first of
Ac. Now here is no distinction be
tween citizens of this and other States. The mo
ment a -citizen of South Carolina comes into
into Georgia he is a citizen of Georgia, for all
thp purposes of enjoying tho privileges and im
munities resulting from thfe powers granted by
the states to the Federal government, in that
sense he In a citizen of the Union, and conse
quently a citizen of each state. In reference to
the reserved and ungranted powers of the states,
he is not a citizen entitled to all the immunities
and privileges of the citizens of the state into
w hich he comes, such' as-voting At state elections
participating in public lands, Ac. until he has
complied with, certain conditions as to his res
idence, imposed by the laws of the state. But
without this distinction, these persons cannot
complain of the law for it applies to our own cit
izens as well as all others, and surely it will not
be contended that citizens of other states shall
have greater privileges than our own J will
not let our own reside there without obeying tkp
law.
3d. No state shall keep troops or ships of war
in time of peace. It is contended, that the officers
and guard for the protection of the gold mines,and
to enforce the laws of the state w ithin the Indian
territory', are such troops as come within the
meaning of the clause j ust quoted. It is 6aid bear
arms, are raised for a year, have barraeks, are
paid and furnished like regular troops, &c. Now
this may alfte true, and yet they ire clearly not
troops, in the acceptation of the constitution. The
character of a military Sferfrice is betts known by
its objects, than by its name or organization.—
They may bb-called guards, troops, nay if you
please, army—they may even wear a uniform and
bear arms, but if they are not raised for the pur
pose against which the constitution intended to
guard, they neither violate its letter or spirit.—-
The Federal Convention, w ith their well known
wisdom,caution and forecast, seem to have thrown
around every power in the constitution a duo and
proper restricti n, or some forcible expression by
which their meaning might be ascertained. In the
clause under consideration, the W All is the lead
ing and controlling idea, is mentioned twice, and
and sands intimately connected writ the phrase
relied upon, to wit, no state shall “keep. troops
or ship* of war in time of peace, or engage in war,
unless actually 1 invaded, or in such imminehtdan
ger as will not admit of delay.” Now who does
not perceive the object of this clause 1 What is
war,and whom is it waged 1 Is it ever carried
on by a regular government,.not in of revo
lution against its own citizens 1 Are we at war,
do we contemplate war in protecting our gold
nines, andiu enforcing the laws of the state in a
particular district I A proper attention to the
paragraph of the clause, will plainly
’ (,iew that the keeping of troops in time of peace,
las reference to defence against foreign invasion,
fijr troops may be raised and kept, and the states
iiay engage in war if “ actually invaded ” or in
“ such imminent danger as will not admit of de
lay.” Here thV object and the enemy are clearly
designated, against which there shall be no pre
paration for war, in time of peace, on the part of
the states. This power of defence having been
conferred upon the Union, the separate states
should not interfere w ith it for many reasons, but
particularly, for fear they might embroil the Fed
eral Government in unnecessary wars. ( See the
Federalttton the subject. J It cannot be believed
for a moment that tho convention intended by this
MACON i TUESDAY, APRIL 19, 183i.
■j . , •
clause to take away from the states, the right to
execute by force their municipal regulations.—
The moral powers of a government would be per
fectly useless, if they could not employ their phy
sical energies to carry them into effect, and these
must be exerted exactly in proportion to the de
gree of resistance to the public authority. Slight
resistance will require the application of only
slight force, or just enough to overcome it, and
this will be found in all the varied degrees of
opposition to the laws, from the refusal to pay
a simple debt up to the most angry state of in
surrection, and the corresponding application of
force, from the arm of a Constable to the whole
artillery of the government. Hence all those
guards for the protection of Jails, Penitentiaries,
Cities, and many other objects not necesary to be
mentioned. Hence the patrol el the southern
states. These may with the same propriety be
called troops of war, or rather for the purposes of
war, as the guard designated to protect the gold
mines. This is public property and can at the
discretion of the state,-be guarded and protected,
as well as any other property. What is the dif
ference between a treasure in the Cherokee Na
rion and one in the state-house 1 A captain and
guard for the last thirty years, havfe been kept to
secure the public monies in the treasury, and no
one has ever suspected fot a moment, that they
were such troops, in time of peace, as were for
bidden by the federal constitution.
4 th. The right of the people to be secure In
their persons, houses, papers and effects, against
unreasonable searches and seizures, shall not be
violated) and so warrants Shall issue, butupon
probable cause, suopprted by oath or affirmation
and particularly describing the place to be search
ed, and the persons or-things to be seized.”
This clause is said to be violated by seizing
these persons without a warrant, without oath, and
without the usual regular process for arresting of
fenders against the laws of the land. This is an
amendment of the Constitution, and one of the
offsprings of that jealous fear entertained by the
ttates, of the powers of the federal government,
and it was designed to protect the citizens from a
species of star chamber oppression, which in En
gland, had proved f,tal to many a tnie friend of
liberty. Blacfesfone says, “a practice had obtain
ed in tho Secretary’s office ever since the restora
tion, grounded on some clauses in the acts, for re-,
gulating the press, of issuing general warrants to
take up (without naming any person in particular)
the authors, printers, and publishers of such ob
scene or seditious libels, as were particularly spe
cified in the warrant. When those acts expired
in 1694, the was inadvertently con
tinued in every reign, and under every adminis
tration, except the'four last years of-Queen Anne,
down to the year 1763; when such a warrant be
ing issued to apprehend authors, printers and pub
lishers of a certain seditious libel, its validity was
disputed, ami the warrant waE adjudged by the
whole Court of Kings bench to be void, in the
case of Mamy vs. Leach. After which, the issu
ing of such general warrants was declared illegal
by a vote of the house of commons.” To prevent
the issuing of these general warrants, so obnoxious
to the liberty of the Press, the great safeguard of
the liberties of tho people, was the solo object of
the clause in question. They have now' ceased in
England, but it was thought advisable to guard
against the recurrence of them in a government
which had so much to expect from the freedom of
the Press. It has not disturbed, either in Eng
land or this State, the usual common law manner
of arrest, which ip may bo made four
w'ays 1. By warrant. 2. By an officer without
warrant. 3. By a private person--also, without.a
warrant. 4- .By hue and cry. To these modes of
arrest,' being nothing but the creatures of the law,
it wilUiot be denied that the Legislature majpau
peradd any other method they may think proper.
If they can authorise a sheriff, constable, or even
a private person to arrest, What is to hinder them
from conferring the same power upon a guard.
They require the guard to bring them before the
civil authority, and the act of fee Legislature is
their warrant for that purpose. A'eonstable does
no more by virtue of a Magistrate's warrant. He
often has his fire arms to effect his purpose, and
where is the difference. in principle between one
armed man, with the power to summon as many
to his aid as he pleases, in arresting an offender#
and twenty armed men clothed with authority to
do the same thing. Besides, the State is not with
out example on this subject: when the Cherokee
Nation was under the contronl of .-the General
Government, they had a much mbre rigorous law
against white men, than the one Much the State
has passed since she lias taken til* management
of tlto Nation, and which is so grievously com
plained of. .The intercourse law subjected a
white man to-overe fine and imprisonment,if ho
even put his foot'into the nation, and that but foe
a moment. Aral often have poor men, ignorant
of tho law, been dfagged from the-frontiers to Sa
ab, and there fined and imprisoned, for no
©• ter offence than the one above mentioned. How
often have white men on ilie line separating the
nation from tirawhite settlements,had their hous
es demolished, their fields laid waste, and them
selves imprisoned for no other offence than resid
ing in this self same nation, that Georgia is now
legally attempting to regulate. If the general"
government eould do it, in the name of every
thing that is consistent, wliat hinders Georgia
from exercising precisely the same power, now
that it is acknowledged by the President himself,
we have a right to do it. When the Federal
troops, by virtu® cf tire intercourse act, arrested
white men in the nation, and carried them before
the civil authority to be dealt with as that law di
rected, who ever dreamed that it violated the
clause of the constitution, now said to be assailed?
That clause does not declare that no offender
shall be arrested without warrant supported by
oath, &c. but that if that method of arrest shall be
pursued, no warrant shall issue, hut upon proba
ble cause, supported by oath, particularly describ
ing the place to be searched, and the person to be
seized! The is too plain to be miscon
ceived,'
We have now gone through the objections ari
sing underlie Federal Coitstttutiuii,.w* will next
consider those which spring from the state Consti
tution.
1. “ No person shall be denied the enjoyment
of any civil right, merely on account of his reli
gious principle.”
I am at a loss to know how this clause is intend
ed to apply, for certainly no distinct app’ication of
it has been made to the casw. No one will con
tend,. I presume, that the act strikes at any reli
gious opinions, that there is any one word of it
can be so tortu/ed, as to indicate any hostility tQ
religion, or the separate tenet® cf any denomina
tion. Ido not suppose that such is the idea intend
ed to be conveyed by the present use of the clause.
I collect from the argument used, that the oath re
quired to be taken is such as to produce scruples of
conscience, which the religious ttenste of the individ
uals at thebar will not'allow them to disregard.
I am sorry for it; but they know What they can do,
they can leave the country, especially too as it
doca-rtot belong to them, and as they have been
living there by .the gracious favor of the state to
whom it rightfully belongs. There can be no
scruples against such a course as this, unless in
deed they should be of that character, which makes
a man unhappy at the performance gf duty. But
it is my opiniou we should be very cautious how
we let religion interfere with the civil rule of the
country. It is not less encroaching to day than
it has been In any past period of the world, aud
though I may bo alone in this matter, yet whenev
er religion leaves its proper sphere and gets to
reaching out its feelers after civil power, it ought
to be driven back with the same alarm and dis
patch that is employed to chain a furious beast
that has broken front its confinement. There is
. scarcely a law against which similar objections
might not be raised. W® have a statute that
makes it criminal to hunt or fish en the Sabbath,
and this pusrly because it is the Lord’s day. Now
totiiose whose Sabbath is different, and those
whose religious opinions claim the right to disre
gard all Sabbaths,it.might be urged by them, with
the same propriety contended for at the bar, that
they have great scTuples of conscience in obeying
such a law. But the same answer remains for all
such, if you riinAcieirce sate, live in a
society which has passed such law’s as it con
ceives most conducive to its well being, go where
you can find more repose for that troubled spirit,
and do not expect or ask so unreasonable a boon
as for a whole community to give up their con
science to appease yours.
But another idea is suggested and relied upon,
connected with the foregoing, that the Oath re
quired it a test oath, and though not actually
trampling upon the Constitution, it so treada up
on its heels as to give it great inquietude. It is
said to be contrary"'to the inherent rights of man,
and English law is quoted to prove its illegality.
It is urged that no man ought to be required to
swearto support the ♦‘laws of a state and upright
ly to demean himself as a citizen thereof,” what
ever may be required as to his support of thdCpn
stitufion, and that this path is not general, and
taken by all the the state pnd that
therefore it is a test oath, and odious in the ex.
tremg, Oaths havo been required in all ages,
and havo been considered as coming more strong
ly in Ufi of the civil authority' in effecting the
the groat ends of government, than perhaps any
one agent employed foMhat purpose. The oath
feulty, homage and allegiance is familiar to every
man of reading. Oaths of office are almost innu
merable. Oaths of witnesses and affiants are
forever recurring. Now if anew oath required
falls witlun any of these classes, liow can It be ob
j jeeted to T For instant if it is an oath of allegi
ance, or in the nature of it, we can refuso tt> take
it, without incurring'the suspicion that lie is se
cretly inimical to the government. Itis not a par
t'd <>ath, it is a jferHrvt one, and intended for ev
ery' nun who plares himself in a certain situation
justly subjecting him to the suspicion of infidelity
to his country. What is the plain state of the
easel Letnwfeo honest in the answer to this
question. The Cherokee Indians, within the ac
knowledged limits of Georgia, have setup a gov
ernment of their -own, declared ihemscU'aftf free
and independent, and for fear the thriefr boasted
declaration of it v\ ould not bo enough, they have
.determined to give 11s other ' more convincing
proofs, and consequently our citizons residing onf
of the nation haivo been druggiid before their
Courts, held in the woods, upon the most summa
ry notice, without preparation, • nay, without a
know ledge of their language, and alter a mock:
trial, they have bien stripped and suspended, and
then scourged in the most inhuman manner.—
Georgia has determined that this state of things
'shaft nut exyat, that tho Indians shall come under
o4t laws, and that our citizens shall not be sub
jected to their savage, code. Tins lias produced
a most unusual excitement every where, and the
most obstinate and uuduUfulconduct i:i the Indi
ans. In this course they erp pertinaciously en
couraged in and out c/Uip nfttjvii, N ow,. ftrcly,
; Georgia has a right to say to such white
men as wish *to reside in the nation, you must
I choose sides; it for the Indians, leave the na >n.
If tor us, take the oath and you arc welcorire to re
main. Georgia may well say, this is our Juris
diction, arid when the Indians leave it, it h our
land; it is ours now, only subject to the occupan-.
cy of the Indians. At least, you have no rights
there. But as you havp homes and connexions in
that country, we ai c -willing you should remain.
All wb ask ofyouit not to aid and countenance*
the Indians in their r obellious conduct towards*
the public authority of the Stata. This you oan
do, by taking on oath which we require of all,
persons who do no'thold under our permission.-
Like the power which the general government
was wont to exercise;-when it controlled that ter
ritory, we have the same right to order you away,
cut down your corn, and burn down your houses;
but this we do not wish —we are disposed to be
more lenient towards you—leave the nation or
give us proof of your fidelity ! What is the lan
guage of such an oath ? The government re
quires good behaviour of the officer, that he will
support the ltrivs aud demean himself as ah hon
est, upright officer-j-take the oath and hike the
office—but if yqu leave the oath leave the office-
What says the oath before us 1 Take the Oath
and hve in the nation ; but if you reject the ..ath
leave the nation. It is said in argument, that
all oath 6 are for the benefit of the person required
to take them, afid tfiat this is a proper test of
their legality. Without admitting the corrects
ness of this position in the general, it may be
safely granted in the case before us, and we think
that a snug, profitable residence .upon land that
does not belong to the person who oemupios, Its is
a very, fair equivalent for the simple oath of alle
giance. But there are some oaths, and one in
particular, which every man in the state has to
take, and which promises him but a very remote
if any benefit at all, and which in many cases
might Justly alarm his conscience. I mean
the tax oath. Now this oath shows that the
state has the power to impose oaths on every
citizen in the state, whether he holds office or'
not, and the only reason why the oath of allegi
ance is not required from every man, is on ac
count of its inconvenience. It is believed that
the attachment of the people *0 tlieir govern
ment, is strong cnoiigh to bind them to their du
ty ; and that the trouble and expense of admin
istering that oath, is -not justified by any pre
sent suspicions of their infidelity; but this does
not preclude the right to impose that oath when
ever in the discretion of the Legislature, and
occasion either in whole or part calls for the ex
ercise of the right. Hence, when private indi
viduals rtae bo public Ousts, they meet the oath
of allegiance, demanding security for tho faith
ful discharge of duty, and the defence of the
laws. Also thjc may isquire it under any other
emorgcncy, whore a well grounded apprehension
may dictate the necessity for its aid.
Under all the foregoing views of the subject, 1
am of the opinion that the law is perfectly con
stitutional, and that its provisions must be car
ried into effect. But there is one provision in it
wliich two of the individuals in custody seem,
for reasons best known to themselves, to have
overlooked, and which wilt discharge them from
their present arrest, if I have been correctly in
forined.as to tho facts. Both of them arc Mis
sionaries, and one of their a Post Master. In
tho first character they are there with the consent,
of the general government, and as its agents are
in the nation for the purpose of civilizing and
christianizing the Indians, at#! as evidence of
their being govcYifmcnt agents, they have the dis
bursement of large sums of public money for the
aforesaid objects. It is not for me to say what
kind of temper that must be, or what the character
of that spirit is, whicii declines the benefit of a
law because that law' cannot be Set aside altogeth
er. Whether it proceeds from religious scruples,'
or a more wayward passion, I shall not pretend to
say; bht this much I will assert, that I respect
too much my own oath, and the character of the
State, to inflict penalties unauthorised by law,
merely to indulge individuals in the fanciful idea,
that they arc suffering a species of martyrdom.—
Thoy iftust be discharged upon the following
ground—The aCt has this proviso, “that the pro
vision of this section shall not be so construed as
to extend to any authorised agent or agents of the
government of tho United. States? 1
1. lam proud of the present occasion to testi
fy my hearty respect for the'Federal Constitution,
and I am willing to declare that the truly consis
tent advocate of state rights, oilght always to have
an equal zeal for the support ot the Fedetal Con
stitution, because they are both governments of
his own choice. That instrument declares that
“Congress shall hfevfe power to establish post
offices and post roads,” therefore rite appointment
of this individual is clearly within the right of the
general govetnment and lie w ould have been dis
charged without the provision above referred to.
It would be inconsistent to Contend fora contrary
doctrine, for Georgia urges tlmt the Cherokee ua
tion is as much a part of tlie state tey other,
and, if it would be lawful to appoint a post master
for Lawrhncevillc, it would be equally so to ap
point one for any part of the Nation. We cer
tainly have the right to draw this, conclusion from
the fact, that it is not considered a fore'gn nation
by the general government, unless, indeed; there
is some treaty that obliges them to furnish post
masters for that unfortunate race. ‘ ... \
•2. The mis.j'cnary rh:mc*crJhas.nglso a
claim for his discharge, he properly fall* within
the provision of the act. The law prescribes no
limits to the agencies to be protected, it la indefiir.
he and extends the to any authorised
n^ eri * of thc ? cneral government It is not for the
Court to prefix boandaries to the Will of tHe hi
gislatom, has thought proper ndt to do ao, tod
do ,t. All that xemainVfor me is to. inquire n&
into what kind of agency, but is he an *ten4t—
and is he an ‘‘authorised.toent” of tha°gen e ral
government tfhe is, he conks Vnhin the saving
* ****"***
derstood, that this in&vtdual owes hia discharge
to the courtesy which the state has manifested to
die general government by excluding its agents
tram, the operation of the law. The general gov
ernment hak no more right to eend missionaries
into the nation and quarter them there, than they
havfe to fix them upon any other part of the state.
It is said that the agents intended by the law
were the Indian agents Sent to the Nation to carry
into effect the intercourse law. This does ndt
appear, and the expression' ifc-too broad to act
upon such a Suggestion. Besides, Indian amenta
have now no more constitutional privileges m the
Natidn, since Georgia has taken it into her own
hands, than missionary or any other agents, tod
this has been frequently stated by the President,
and lately confirmed by a special! tnmmunication
to the Senate of the tlnited State*.
Let thc tdm missionaries (one of theU being a
post-master) bei discharged, and let the other four
persons bo bound river to answer to tho misdemea
nor charged against them, they having exhibits*
no excuse. A. S, CLAYTON.
SELF-RESPECT*
One of the strongest and most prevalent
incentive to virtue, is thc desire of th? world V
esteem. Wo actTright, rather thatou ructions
may be applauded by others, than to have the
approbation of our own conscience—-we .re*
train from doing wrong not so much from
principle, as the fear of incurring the
censure of the world. A due regard ought,
indeed, to be paid to public opinion, but
there id 4 regard we owe burselves, of fat
greater importance— 1 regard which ,keeps ue
trom committing a wrongs action when with
drawn trom the observation of the world, aa
much at; when expo&ctf to its broad glare.—
If we are as .good as others—and itisourqwn
fault, il we are not so—why stand in more
tear of other* than ourselves? What ifl there
in other men that make# ua desire their ap
probation and fear their censure more than
our owif? In other respects we are dpt to ov
errate ourselves, butiurply when pay such
blind and servile respect to the dgimons of
others, we forget our own dignity’and under
value ourselves in our own esteem. I admire
the sentiment of Cassius when speaking of
the Imperial Caesar, he exclaims,
‘‘l had as lief not be, as live to be, '
In awe of such a thing as I myself.'*
MANNERS. '
I make it a point of morality never talfcnd
fault with another for hie manners. They mav
be awkward or graceful, blunt or-polite, pyj
ishedor rustic, I chre not what they are, i.
the man means well and acts from honeet in
tentjons, without eccentricity of, affectation
All men have not the advantages of good so
ciety, as it is called, to school themselves it.
all its fantastic rules and Ceremonies, and i',
*4 ere * s a °y standard of manners, it ie on'
founded in reason and in good scn3e, and no
upon these artificial regulations. Manner?
like conversation, fihould be extemporoneou.
and not studied. always suspect a mn*
who meets me With the same perpetual smil
on his face, the-same congeeing ofjthe body
and tho some premeditated shake of the hand.
Give me the hearty—it may be rough—grij
of the hand—the coreless nod of recognition,
and when occasion requires, the homely but
welcome salutation—How arc yon my oW
friend, • * ,
. -f
WOMEN. .. .
To the honour of the *qx, be it said, that
in the path of duty, no Sa/rafice is with them
too high or top dear. Nothing is with thejr.
impossible, but to shrink from what we love,
honour, innocence, and religion Require.—
The voice of pleasure or of power may pas>
by unheeded ; but the voice of affliction nev .
er. The chamber of the Sick, the pillow ot,
tho dying, the vigils of the dead, the alter/
of religion, never missed the presence os
the pympathies of women. Timid though'
she be, vet on euch occasions ahe looses
sense of danger, and assumes 9 perpetual
courage, which knows not and fears not con-.
sequences. She displays that undaunted gpi-j
rit which neither courts difficulties nor evade*
them; that resign;t on which utters neither,
murmurs nor regret ; and that patience ifc
suffering which seems victorious even af
ter death itself.— Judge Storjt
4 * 1 f
t /
Education is a companion- which it t> saii
fortune can depress, no crime can destroy, nr
enemy can alienate, no despotism enalavi
At home a friend-—abroad, an introduction
in solitude a solace-—and in society, qn orta
“ment. It chastens vice, it guidM,virtue.—if
gives ot once grace and governtyent *0 ge
nius* Without it, what 13 man ’ —a spleadii*
slave, ft reasoning savage.
; t
“What daf yon pic up dorr, FaniV 1 *-
“Dollar, Fompcy.” **Wcß-sus !oiT *erh down
ag r n; I only pit ’em dere to try vd
fro. I.