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gAgiS A:s i 'g® AMHMW&goaAaL .aw:D SOlatt&lteiHttt #3S2jX‘J &rni © M 3B. It -■ the destiny of | ;, ; l ,he!rimpatualiyasa high court oi It-'! A r ed by reason of their being Amer- I independence, because their I permanent!-!heir good behaviour, I ' " \ ' tUe tenure of their office-end their r" .*B, because they were chosen tor Patriotism! Wonderful reasoning, adnii- r W V kof freedom! But really to be serious r W ' rtthat 1 cannot deign to answer f i. no satisfied with no other safe |i 1 Air liberty than the infallibility and SSstedness of rulers, they pi’ f “ self-government, and the sooner teller the right the better for them. O this argument is the assertion that I. of the judges to impeachment is rSient security against their asst, ■ warrantable powers. -The termina fc lSe trial of Judge Peck ought to [lctus to this position. After his ac Ll of us flagrant abuse of power as ever ft his,re to the “blushing honors of Jet [ rr( ,„ires some degree of political liar ft to refer the people to that delusive r. , 1S the only security which they have C judicial abuses. Too many reasons r.lieiudwsto look upon impeachment, IV Of terror to them. They arc not re- Lble to the people, but to Congress. Let (commit invasions on the ngbts of hat i and it is highly possible they might be ■to a strict account of their stewardship, Lions as thev confine their aggressions, (the rights of the States, I ween they ■loiiir continue unchecked by Congress in lolv'crusiule; for what inducement could Itiiirds of that body have to remove from | easot of men for merely amplifying |r authority at the expense of State Sove |nlr a policy which Congress approves [pursues itself for the laudable purpose cf fcentrating all power in the central head.j R.C ve that, that body would dismiss with \ tjtcc its coworkrrs for their fidelity to | Ijmnd design? Sitting in judgement on tv-N. would not “a fellow feeling make j Rjivimderous kiufi?” Disguise the mat- Kyou please, yet itis true, that the Su- I (j our t is but the representative of the [itv in Congress and the official promul lof their -feelings and opinions. The receive their office from that majority selected for their congeniality of senti I mil being responsible to them alone, ■reason have they to apprehend impeach- j R from that majority whose will they con- H_v.hose policy they pursue? Congress ■he Court are but branches of the same K nmon t —a government whose whole his ■lisrlosipa settled and unwavering pur ■of destroying the restraining principles Kconstitution, and assuming unlimited R- These branches must co-operate— ■mutually sustain each other. They are I no party —entertaining the same po ll i ws—placing the same construction Re constitution and recognizing in each ■power to which they respectively lay R a And yet for all this the people are ■hat when they experience oppression |. itherofthese departments, the other is | its sole and only judge, if the united ■of a State says that Congress by its en ■ents lias violated the articles of fronted* ■ a id oppressed the people, the Supreme It will take the matter into consideration, It-decree is to bn final and decisive : and ■icnasiinilar voice of complaint shall be ■1 against usurpations by the Judges, J ■res? is to investigate their conduct and ■ its derision there is no appeal. Thus ■tiliunnls identified in interest and pursu ■ i policy are made the alternate i< < le acts of each other. Could hu ■viriom devised a more effectual mode of these two branches of Government r.sjionsibility lor their conduct? — despotism ask for more power —could Ipy greater security? And yet I'-' consolidation politicians the despe- j R r: gc to tell the people that this is as ; la safeguard to thoir liberties as they Ito require; and that if by mere ncci [tbey fail in attempts to obtain redress piciul usurpation by impeachment, they lin no wise think of the rights of sove- I'; - irthat would be highest heresy, &. to jlo tiic tribunals of their own State would fawn and rebellion. Well may the ad its sof iin.tj (j . m j supremacy, preach this |uvr! passive obedience; and knowing r !e . r futility of impeachments* well may [I 10 * 11 * the people to that mode of redress j 1 only one for judicial oppression. But j ’■d enquire of the friends of federal how can Congress set in judgement jutbcial constructions, of the constitu ulhecourtis amenable to that body * 'fkrpretations of the compact, then s tastead of the court becomes the fi r of the constitution. For high r J;hl taisdemeanors wherein corruption r ;n °vcn against the Judges, they may I 1 : 1 1 ament he dismissed from office ; I ls not offences of such like character If'-'so much to he feared; for they will I at seldom and bo temporary in their | pi'iencrs—the great danger to beap from the court is its latitudinary j ''•"■hon of the constitution. It may so V ,la! ’ n tmmentas materially to of f'-served rights of the people and the i sn as to augment its own pow< rs I■■ ° n( "’hat was intended by the framers I Pt'vrnment. What redress against i. ‘lion can Congress afford? Noneat I Those the Judges arraigned upon the 1, 11 T ni,, g a false construction to the r l| tion by which serious evils haVo ac* I “ particular sections of the country; | of Congress would bo “no mat- I:A. 1 " 1 -! 0,lr opinion as to the true I Slid spirit of the compact, we have ■, 0 puriisii the Judges for honestly dif |vt, 11 •—•there will always be conflict- I rjir.H. <I0I!S of that instrument, arid ii [proper . vov incc of the Judaea to [ ai| il settle ti. osc disputed and doubt* '—prove btii.T r y or corruption, and r disjj.i* - them frou ' office.” Thu i nre l ,r "!t from all n:spo,.’ r: ‘!)ilily—neither I P‘oi < ongr, S3 nor to f‘‘ ,; people.— I n: 1 conics of tlic argil ßk. (> f their I impeachment operating as ® check j if stretch of powers ? For Pi tmes Ip.ivy are not likely to commit or rept- 'd I ’’‘lueritly, they arc obnoxious to im- I ' 1:1 -but tor (ho.; j daugcious inisintcr m tlic national compact, which j* "o 1• o fr; 4 r*> 11’r'*■** 1 f*a I inents to indulge in, they are unpunishable by Congress and still further removed from the reach of the people. There can be no greater security to liberty than a direct ac countability of rulers to those who are op posed to their oppression but there can he no greater despotism than to invest a few indi viduals wlio hold office for life, with absolute dominion over the constitution of our coun try. Their will becomes the bounds oftheir power, leaving the people no remedy against their usurpations, but supplication at the foot stool of their mercy. I really am at a loss to conceive how a mind seriously bent on truth, can require any other than the foregoing considerations, to satisfy it most thoroughly of tiie utter ground lessness and fallacy of the claims to the high authority asserted lor the Federal Judiciary. Grant what is claimed for that tribunal of sitting as final umpire upon all points of dif ference between the several departments of the General Government, and the sovereign parties to our national compact, and at once is it invested with imperial power—the con stitution becomes as clay in the hands of the potter, and the Court can mould our Govern ment into any form and character it pleases, ‘f any additional argument is wanting to prove that this power is apocryphal, there is one which ought to dispel every doubt and set the question at final rest. It is, that there is no such'authorit y granted in the con stitution. Ours is a government of enumera ted powers. All are agreed upon this point. 1 he Legislative, Executive and Judicial De partments alike derive their respective pow ers from the constitution, and neither branch can exercise any other than what is specifi cally set forth and assigned to it! and yet when we turn to tiiat part of the constitution in w hich the duties of the Supreme Court are enumerated, we find no such unlimited power alluded to, as is claimed for it by the consolidation party. Let them point out that paragraph or sentence which declares that, that tribunal shall be the exclusive ex pounder ol'the compact, and that Congress, the President and the States shall all conform and yield to its interpretations. This is the power claimed. If the framers of our Gov ernment had ever intended this power for the Court, they would in all reasonable probabili ty have attended to three things—they would have so organized the tribunal as to take cog nizance of all the infractions—they would have enjoined observance tijitm the other de partments arid insured it. by clothing the court with suitable power to enforce its man dates ; and they would in the last place, have probably said something or other in the; constitution about the power itself, neither of! which three things have they done. Yet in the convention there were not wanting men, of high abilities to advocate this very power, it was amply discussed and well understood; but every effort to incorporate it in the con stitution proved unavailing. One of the dis tinguished members moved, that “The juris diction of the Supreme Court shall be exten ded to all controversies between the United States and an individual State.” Surely if the convention intended to grant this power it would not have rejected language so direct ly to the purpose as this,- yet we find that the proposition shared the fate of every other di rected to the same object. Was it rejected merely that other language more in point might be adopted ? no; for when we turn to the constitution we discover not the slightest allusion to the Court being the sole and final expounder of that instrument and the arbitratoi of all differences between a State and the General Government. With what appearance then of fair dealing and truth can tiie national politicians now' claim a power which was sought to be conferred and posi tively w ithheld ? It would ho well for the people to reflect seriously upon (lie object de signed to be effected by the usurpation of this judicial prerogative. It was originally sought by a party hostile to a Federative gov ernment, and is now attempted to be usurp ed by the same party for tlic purpose of de stroying the confederation. It is the Ar chimedes’ lever by which the States are to be overturned and a consolidated empire erected upon their ruins. Let us pause a moment and view the fan and irresistable conclusions of the argument as far as we have proceeded ; or as mercan tile gentlemen would say let us foot the ac count and see the sum total. 1 hold that my arguments have made good the following points to wit : Ist. That the Judiciary can afford no se curity against executive usurpation, nor foice the Presidentto an observance of its mandates. 2d. That many legislative abuses of the most flagrant and oppressive character are not cognizable in that tribunal. 3d. That against judicial usurpation there is no redress, other than the sovereignty of the people. 4th. And lastly. That the federal judges are nowhere recognized in the constitution as the exclusive expounders of that instru ment, and of consequence, the final aibitcrs of aJI difference between a State and the Gen i rul Govcrnmet. If these considerations are insufficient fo satisfy the reader of the insecurity and folly of looking to the Supreme Court us the only tribunal to arrest usurpation and shield the constitution from violation, I turn him over to a hard heart and a reprobate mind. PATRICK HENRY. Fellow Citizen* >f Cpson County. E an apology shon.d he deemed necessary i JR for this appeal to you, it will he found! not only in the fact, that divers false and il- \ liberal charges have hern privately andin-i dustriously circulated in this county, having I in view the defeat of iny election, and cal culated, if uncontradicted to detract from that | standing and diameter, which I wish ever; to maintain in the estimation of my Follow! Citizens. But I have been in a more public and definite manner, called upon hv a com munication in tiie Democrat ol tin- 10th inst. over the signature of “A Citizen,” to respond j to certain charges, in the shape oi interroga i tories, there propounded lonic. The responsibility of public agents, is a part of my political creed. I therefore recog nise Ihc right of my constituents, to demand of me, the reasons and motives that may i have influenced me. in any or Jill of tn\ ofli • 1 , In the first place, then ; I am charged by ! “A Citizen,” with voting in favor of a law, j allowing Indians to testify in our Courts of Judicature. This charge, has reference to proceedings, w hich took place in the Legislature, year be tore last: during that session, a lasv was pass ed, adding that part of tlic Chorokee Terri tory within our chartered limits, to the ad- I joining counties ; and extending the law s of Georgia over the same ; and among other enactments, providing for the punishment of the Indians for certain offences therein inon , lioued : At the conclusion ofthat law, was this section, upon which, I gave the excep tionable vote. “And be it further enacted by tiie authority aforesaid : That no Indian or discendant of an Indian, shall be acompe taut witness in any court of this state; until the Judge or justice presiding, shall lie ful ly satisfied that tlie said witness has a due and proper sense of the obligation of our oath. Mr. Hepburn moved to strike out said section, upon which motion the yeas and nays being required to be recorded, are yeas 33, nays 80. Those who voted in the affirma tive are Messrs. Bailey Howell Black Iverson Brady Johnson Bryan Lowe Cowart Mann Dav isof Tw iggs Mays Davis of Ware McElvy Dcvereux Niei of Newton Easley Pearson Echols Saffold Gilbert Smith of Dooly Graybill Taylor Griffin Towns Gross Warner Hatton Weaver Hepburn Whilchel How ard of Baker Wiggins Those who voted in the negative are Messrs. Adair of Carroll Leonard Adair of Madison Lewis Adams Long Akins Lovett Allen Try all Archer McClendon Ash Myers Bacon Neal of Wilkinson Barkesdale Northern Barnett Oliver Bates Overstreet Beall Patrick Boring I'carman Bowin Perry Brewster Philips Brooke Price Brown Ilainey Burns Rawls Byne Rea Carter Render Charlton Russell Cleveland Ryan Cone Sanford Crawford Simmons Curry of Washington Smith of .Monroe Davis of Richmond Stapleton Dixon Stephens Dougherty Stirling Paris Simoons Freeman Townes Gray Townsend Greene 'Pi inter Hamilton Wade Hardeman Wahihour Hatcher Warren Hicks Wayne Holmes Weil horn How ard of Lee Williams Hudson Willis Hull of Clark Wilson Hutchins Wofford Irwin Worsham Kell um Young “A Citizen,” charges me with giving as a j reason for this vote, that the leading men of my party voted in favor of it; which, I utter- j ly deny. As will lie seen, the vote on this motion, J was not a party vote ; the leading members of j both parties sustaining, this section. What i j the relative proportion of the Clark and ■ Troup parties on this vote, I am not able, at this time, to say. This much, however, Ij know, which had a considerable influence in j determining niv vote ; that of the thirteen members, representing the seven counties, bordering on the Cherokee Territory, and to: whose jurisdiction, that country was attach ed ; eleven of the thirteen, including the oldest and most influential members, were warm and zealous advocates of this section ; among whom, were Bates, Cleveland, Wof ford ; unquestionably at that time the lead ers of the Clark party. And ot the sixteen Representatives, from the counties ot Coweta, Klbert, Fayette, Franklin, Jackson, Madison, Wilkes, and Troup :—Counties in the viciui -1 ty of the Cherokee Nation ; fifteen nut o ( the sixteen members, voted the same way; aj large majority ot whom were Clark men ;| however this may bo; whether they were; j Troup or Claik men is not material. But,j I for myself, confiding in the honesty and in-1 ! tegrity of those members ; whose proximity . ! to the Cherokee Nation, entitled their judg- ’ inent and opinion on this subject to much weight and consideration ; and believing, they would not advocate a measure, which in its nature and under the circumstances, was cal culated to take effect pi ineipaliy among thorn j selves and their constituents; unless they had been fully persuaded ot its justice and j propriety ; —And believing they were can- 1 ! did in their statement, that such a law, would 1 be beneficial to the white people in that sec-; ! tion of the country; —That there were anuin-l j her of Indians there, half-breeds, as also the! i common Indian, who were well educated, j | moral and religious men; —Whose persons and property, were altogether at the mercy of the lawless white men, who hover on the ! frontier ; and who were in the habit ol going I into the nation and driving off with impuni ty the Indian's Cattle, horses and hogs i 'j'hat they from a knowledge of the probable effects and operation of that law, had nothing i to fear in behalf of themselves or their con jstituenis:—“For that, under tiiis law, our I courts would seldom allow an improper wit -1 ness to testify and if they should, occasion ; ally do so, the jury would still have power to weigh the testimony and to disregard it al- I together if unworthy of credit; —That no one 1 could doubt the disposition of the white jury, lo ' r pf t! ’ :‘er .“t of 'he wlii* 0 man ; and no one, could reasonably presume, that they would find against a white man, on the testimony o. an Indian, unless that testimony, was clearly entitled to credit, or sufficiently corroborated by other testimony.” Moreover, a great pari of the law extending thecrimnal and civil jurisdiction of this state, over the Cherokee Territory, without this section, would ho inoperative and altogether useless, j mention these facts and arguments, as hav ing been advanced and urged upon the House, principally ,y the members represent* •ng the counties, bordering upon and in the vicinity of the Cherokee Nation ; which 1 be lieve to bo strictly in accordance with the facts, as there were for reasons before men tioned, chiefly interested in this measure. Un der the influence of these and the like views; I gave my tote, and whatever, may be, the abstract merits of that vote; 1 have the con solation of having, voted honestly and with a due reverence to the oath, I had taken ; to vote on all questions, coming before me for the best interest of the country. But, fellow citizens, this you will, observe, is a vote, 1 gave year before last; since which period, I have had the honor of being a second time elected, your Representative, without opposition; and if there was that crying and unpardonable sin in that vote, that my op ponents would wish to induce you to believe ; why, have 1 not been called to an account, for it, before this ? Were my opponents then i slumbering over the rights and interests of their country ? and, have they but just now awoke? No, fellow*citizens. It isall a hobby : it is all an eleefionearing trick. This very section, for voting in favor of which, I am now to be put down, has been | in substance the law of Georgia, ever since the settlement of the State, down to 19*JGa! period of about a century ; and, wffiereis the l instance, that a judge or jury of this State,! has been so regardless, of the rights and in terests of their fellow citizens as to give credit to an Indian, to the w anton violation of those rights : If the citizens of those four teen or fifteen Counties, bordering upon and in the vicinity of the Cherokee Nation, had known of the existence of such a case or ap prehended its occurrence ; do you believe ! they would be in favor of this section? by no! means. Another reason, I will mention, that: had some influence on rny mind. It was ur-i ged, on the suggestion of General Jackson,' that if Georgia, would in this particular, per-1 sue a more lenient and liberal policy towards I the Indians, Congress would be better dis- \ posed to co-operate with her in extinguishing! the Indian titles and removing them from our' lands. For without the aid and approbation or Congress, we shall never be able to effect this desirable result, without collision with the General Government, which may result in cl\ il war and disunion. The next charge “ A Citizen” calls upon ! me to answer, is one if true, would place me | before the public in a very unenviable light, j morally and politically. But it is a source of infinite satisfaction to me, to he able fo present a triumphant vindication from this charge, of moral and political derilection m die liw itself; which I have been charged with introducing, for the express purpose of breaking up Robert’s Ford Road, by the sale of the Island, through which it passes for the ! benefit of Col. Thomas’ Ferry. The law i reads thus, An act to provide for surveying and dis-; posing of the unappropriated Islands in the] Flint eV Chattahoochie Rivers, and for grant ing the same. Be it enacted by the Senate and House of Representatives of the State of Georgia in! General Assembly met, and it is, hereby en acted by the authority o*’ the same, that it shall be the duty of the County Surveyors of thre Counties lying on the East Bank of the; Flint River, immediately after the passage of tins act, to proceed to survey and plat, all i unappropriated Islands in said River, of ten acres and upwards adjacent to their Counties respectively, & furnish aplatt of the same de signating the number of acres, to tlic Sheriff of his County, and one to the Surveyor Gen etal, for which the said surveyors shall be al lowed their ordinary fees, except the Island opposite Roberl’s Ford on said river, and over which the said public road is now established leading from Thomaston to Columbus. Now, it is manifest, from the law and facts in this case, that there are three distinct and independent reasons, each itself a sufficient answer to this charge. In the first place, the Island at Robert’s Ford, does not contain ten acres; and none under ten acres, were to be sold by the law ; in the second place, if that Island had contained ten acres, it could not have been sold, for it is expressly excluded from sale in the law, whatever may be its size or value; and in the third place, that road was recognised, as a public road by the Infe rior Courts, of both Upson and Talbot ; and consequently the purchaser of that Island even if it had been sold, would have had no right to have obstructed, tint or any other road, passing through it—the Island previ ous to the passage of this law lying in the ju risdict ion of Upson. I am in the next place, called upon by “A 1 Citizen,” to explain my views and the course i I took, relative to establishing a precinct on 1 the river. 1 was not. before, apprised that my views or conduct in that affair lnd been called in question: However, for the satis faction of this querest, as well as all others concerned, I will briefly state my views and conduct, in relation to the establishment of that precinct. In the first place then, my views were simply to represent the wishes of my constituents: And in the second place, l did advocate and aid in procuring the pas sage of a law, establishing an election pre cinct at Blount & Davis’Store ; having ascer tained such to be the wish of the citizens of that section of the county, and that such a measure would meet the approbation of the county generally. In the last place,“ A Citizen” intimates,! ■ dial I am highly saturated with the mania of ! Nullification. In reply to this, I would sim-; ; plv observe, that 1 have not been able, as ] ! yet, to attach a definite idea to that mystical word “Nullification.” However, if as “A Citizen” seems to suppose, it is connected! with civil war, revolution, blood and carnage, l am no Nullificr. Notwithstanding, T have labored to be as brief 1 as possible, in answering the charges brought against me, by this annonymous writer : yet, this address has swelled to such an entent, as to render it inexpedient to notice as was my purpose, some other charges that have been privately circulated in this county, intending my injury: However,confiding in the reflec tion, that the people of Upson county, will not condemn me, without a fair hearing, or some plausible evidence of guilt.—l hasten to subscribe myself thus, Fellow Citizen, JAS. YV. GREENE. Thomnston, Sept. ‘JO, 1831. 45—tf To Ile voters of Ifihh County. i^ELLOW-CITIZENS —Some months since my name was announced in the public Jour nals of this place, as a candidate to represent you in the representative branch of the next Legisla ture of this state. Since that time there have been many important changes in the mercantile world, affecting almost all engaged in trade ; that I seould have escaped the troubles of others, engaged in the like pursuit, was not to have been expected. Those changes, which arc familiar to you all, have caused much time to be spent by those w'lio are able to sustain themselves in mak ing the necessary arrangements for the approach ing business season. My own business has ta ken much more of my time Ilian 1 anticipated in the early part of the season ; it has also been one which called me from the county, and even from the state; that this circumstance has prevented me from commingling with my friends-and ac quaintances, and keeping up as well as increas ing that social and friendly feeling, which is the result of frequent intercourse, is a fact that I am aware of; that I have also been denied the privi lege of rebutting unjust and ungenerous accusa tions, is a fact known to yourselves; to have cal culated on having justice done by enemies and designing men, would have required a mind more credulous than my own ; that much has been said tending to impress the mind with the belief that nature herself had been sparing in her bounties to me, you have only to turn to the public journals of the day—to prove this, however, is a matter of hut little importance, for notwithstanding I possess as large a stock of vanity as ought to fall to the share of any man, I have never been so lost to common sense, as to believe that 1 was able to throw in the shade men who have distinguished themselves as jurists and statesmen; but there is one accusation which 1 am anxious should be re pelled—one in which my reputation as an honora ble man is assailed ; I mean the statement made by Mr. Groce, “ that l was used as a mere candi date to keep off candidates for his, Groce’s bene fit, and 1 would decline being a candidate just be fore the election.” I here state, and challenge the world to produce evidence to the contrary, that 1 never did, either directly or indirectly, ci ther by myself or through any friend, give Mr Groce to understand that I would, or had any in tention of declining, and had I have had such an idea, it would never have been based upon such principles. I have only to ask of my friends such support as rny general character for capacity and integrity, may, in their estimation, entitle me to. Your fellow-citizen, IL S. GRIFFIN. Macon, 20d Sept. 45 MACON*- “Our Book relates toall the acts and employ ments of man.”—Juvenal Friday, *t'pt. 33, 1831. ConTspoiidcnh. Q'j' The length tf “Patrick Henry” has ex eluded a lyrent many articles intended for to-day's paper. He is coming out with another number,— trhen he f lushes his lurrubutions u-r will speak to him. In the mean time, we hope he wtU recollect what the poet says.- “Man wants but little here below, Nor wants that, little lono.” The same cause prevents us from doffing our bea ver tv Mr. McDonald. Hut we don't think he will he angry with us. IVc will make our bow to him j again, by und by. The <liie*(ion at issue. The two propositions which now present them i selves for the decision of Georgia, are &IL.MER • hid the Laics, LUMPKIN • Bad 'Taxation !! ! Will the people hesitate “ which of the turn to choose?" They cannot—they will not. Let then their cry be, on the first Monday in October, LONG LIFE TO GILMER! LONG LIFE TO TIIE LAWS! AND DOWN, DOWN WITH LUMPKIN, AND HIS ABOMINABLE SYSTEM OF TAXATION ! ! ! Cherokee Iti(liuti*i. We learn from the Athenian, and from the lel ler of Governor Gilmer, published below, that I 0 aim too, a Cherokee Indian, who was arrested ) for violating a law of the State, relative to the i Gold Mines, has been discharged by Judge Olay ! ton. The reasons for that discharge, we under i. stand, are based upon Ids Honor’s presumption, i that the law' is unconstitutional. With the Geor i gia Journal, “we deeply regret the collision that has occurred between the Executive and Judicial departments” —the Journal might also have ad ded the Legislative department;—for it is upon a law emanating from that branch of our govern ment that the Executive has acted. But, at the same time, we must he i allowed to express our admiration of the decisive, | energetic, and constitutional course adopted by j Governor Gilmer, in his orders to Col. Sanford. | If the rights of Georgia are not now manfully j maintained, their infractions will hereafter give i impunity to offences, which will cause humanity j to weep tears of blood. If, and we cannot doubt the fact tinder existing circumstances —Judge Clayton has discharged Canatoo, it appears to ns to he strangely discrep ant with the opinion which he delivered in the case of the state against Worcester and others, at Gwinnett court. That ease, it appears, involved the same principles, which were recognised in ; the trial of Canatoo—but the conclusion at which ' bis honor has arrived seems widely variant from ! the one he has heretofore made. We here take ; it for granted, that the Indian, Canatoo, was con- I victed of digging for gold, in the gold mines of ! Georgia, within her jurisdictional limits, i Now, in the case of Worcester & others, Judge : Clayton holds the lollowing opinions : That, as we are not at war, “ we do not- con template war in protecting our gold mines, and in enforcing our laws in a particular district.” [This certainly admits tire right of protecting our gold mines.] That, “ the moral powers of a government would be perfectly useless, if they could not em ploy their physical energies to carry them into ef fect.” [This, even apart from motives of politi i cal expediency, sustains the moral propriety of 1 the law.] That, there is no “ difference between a trea sure in the Cherokee nation, and one in the state house, where a captain and a guard, for the last thirty years have been kept, to secure the public moneys in the Treasury.” [Thi3 supports the reason and equity of the law.] And, finally, that—“ It L not for the Court to prefix boundaries to the will of the Legislature it lias thought proper not to do so—and of course it would be highly improper for me to do it.” This is sound constitutional doctrine, and such as was recognised by the Supreme Court Itself in the, case of Tassels. If. then, Canatoo was guilty, how could Judo-e Clayton discharge him? There may, however, be justificatory circumstances not yet reported. U e wait, therefore, with much anxiety to be put in fuller possession of the facts of the case. Executive Department, f MMedgeville, Sept, go, JB3I. S Sir I have just learned that the Judge of the Western Circuit has decided that law for the protection of the mines in the territory oc cupied by the Cherokees is void, and has dis charged an Indian from confinement who had been arrested by the Guard for its violation. As the effect of this decision will be fo create the o pinion among the Indians, that they are now li censed to plunder the .State of this valuable prop erty, I have thought it proper to give you express instructions to defend it, that you may be justifi ed in pursuing that course. I have no doubt but that the Legislature has the authority to take possession of the mines, and the constitutional riglittopass laws to proteettheni from trespass. By the law which lias been pass ed, the Governor is directed to take possession. 0 “ ,e mines, and to cause all persons to he ar rested who may attempt to violate that posses sioii. Ihe special object of your appointment, and the organization of the guard under your com mand, was to enable the Governor to obey these requirements. You are not an officer connected with the Judiciary Department, hut the a<renn whom the Legislature has authorized the Execu tive to employ, to perform a public service, which was imposed by law, upon that department. lon will therefore arrest every person who may he found attempting to take away any gold Irom the mines. You will give general informa tion m the Cherokee country of the determina tion of the Executive Department to enforce the laws so as to prevent if possible the necessity of making any arrests. I he peaceful acquisition of our Indian territo ry, and the preservation of the rights of the State may depend essentially upon your prudence and. firmness in executing the duty which has been assigned you, Very Respectfully, Yours, &c. GEORGE If. GILMER. Go/. John W. A. Saxeuud. Missionaries and others convic ted. It is certainly with no pleasant feelings that we record the conviction of those deluded individu als. It is a painful—a very painful duty to do so. But the majesty of the laws, are paramount to all personal considerations. An obedience to them is the first duty of every citizen. No man should he permitted to assail them either covertly or openly, without receiving the full measure of chastisement which their violation imperiously demands. The protection of our property—the safety of our persons—in one word, the vital in terests of every department of society, mainly de pend upon their preservation. The case of the Missionaries, however is a nov el one in our courts of judicature. Led astray by fanaticism or bigotry, they have been induced to raise the arm of rebellion against the laws of our State. They have been tried and condemned by a Court and Jury consisting of their own coun trymen, and can therefore have no cause to com plain that the law has been unjustly meted out to them. But, when we look into the fanatical mo tives which apparently actuated their couduct, wo are induced, for once, to think they are proper sub jects for the exercise of Executive clemency. They are, by this time, no doubt fully convinced oftheir madness and folly. They will too, here after, be quite sensible, wo think, that their oppo sition to the laws of the country can only end in their own punishment and disgrace—and, if per sisted in, probably, in the utter annihilation of the unfortunate race, whose happiness and prosperity, it appears they have so much at heart. Tiie following intelligence of their condemna tion wc received by last Tuesday’s Athenian : I ait e trials. —At the Gwinnett term of the Su perior Court held last week, the Rev. J. J. Trott, Rev. Ezra Butler, and Rev. S. A. Worcester, Missionaries in the Cherokee Nation, wore sen tenced to imprisonment in the Penitentiary for four years each, for refusing to take the oath to obey the laws of Georgia. At the same terra seven other white men residing in the nation, viz: Messrs. Ghan, Delosier, Mayes, Ooplin, Eaton and two persons by the name of Thomp son, received each the same sentence for the same offence. The old plea denying the jurisdiction of the Court, was the only defence set up.” Cherokee Ecnigralion. The Georgia Journal of this morning, contains a very interesting Correspondence between Gov ernor Gilmer and the Secretary of War, on tho subject of Cherokee Emigration. It is charac teristic ofliis Excellency’s untiring devotion to the rights of the State, and augurs well for a speedy and pacific removal of the Tribe, and the possession of a valuable territory, which, of right, should long ago have been the people’s. Fntosilon Convention. The Delegates front Newton county, are Dr. Win. D. Conyers, Charles H. Lauuers, and Jostah Berry, Esqrs. From Greene county—Mossrs. Thomas Stocks, Thomas Dawson, Thomas G. Janes, and Charles A. Redd. Each of those counties also expressed their un qualified approbation of the Philadelphia Anti- Tariff Convention, and the appointments made at the Athens and Savannah meetings. How d'ye do, Mr. MtDonuld ? Consulate or the U. States of Amehic v, > St. I’ieri, Martinique, IStli Aug. 1831. Sir—The British Government brig, tiie “Duke of York,” lias this moment arrived from Barbados, bringing the painful iutt lligence that that island had been almost entirely des troyed by a hurricane on the 10th inst. For tunately I have obtained a paper, which I now forward. It, however, gives but a poor idea of the damages and losses sustained, as appears from tho memorandum on the bock, by a gentleman of high respectability. Pri vate letters estimate the number of lives lost, at between four find five thousand;and great fears are entertained lest the effluvia from tho bodies under the ruins (putrefaction having' already commenced,) may add disease to fa mine and want. Many of tho inhabitants who have ever been accustomed to the fu.xrics of life are now withoutclothing or shelter. Re- I furring you to the newspaper, I have the hon or to be. Sir, in haste, your obedient servant* JOHN S. MIFRGKEV " i