The Macon advertiser and agricultural and mercantile intelligencer. (Macon, Ga.) 1831-1832, October 07, 1831, Image 3

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ut!ioriti*'s throughout the Union, ol otiater! with the Indians within their tivc territories. And then, in sum- I the whole doctrine, he observes, I “f.Julc the ultimate right of our Amen- I ernments to all the lands within their l/iri-dictional limits, and the exclusive right F ,x ncaishing the Indian title by posses [’ V not to be shaken; it is equally true, l 0" is not to he taken I- 1 ’ 1 , them, or disturbed without their free | hv fair purchase, except it be by | °Z‘rfarns i ‘ho event of a just and neces ■ So much fortbc decisions of the Federal ■ tether State Courts, after adding that at ■flM term oftho Supreme Court, when it Knnlly decided the jurisdiction in favor of ■ 'or-in it incidentally remarked, that the I'hitof property in the Indians, as to the pos ition of their lands, would be protected by ■ t court. I come now to the decisions of l irona courts. I presume the celebrated Krarre question is well recollected by most ■ V.. )ns . There were certain reserves made l i'tHvor of a number of the Indians in the Ireat' made bv Merriwethcr and Jackson im K'n and also in the one by Calhoun in 1819. if/io L mslature leccived these treaties, but 11. t rmiiicd lo reject the Reserves. To that |c,ui (hey ordered a survey of the cession with- U t anv respect to the Reserves, & subjected Km to a lottery with the other lands. The KVimate drawers of these Reserves commen- V j t | lc .; r actions against the Indians residing Kcrcon, ami the question presented was, Kicli title should prevail, the treaty title or K (] e or‘'ia grant ! The question is so plain ■hat I apprehend there is notone mind in one ■housm.J, at this day, that would entertain a liouht. The decision was, of course in favor loftlie treaty, and it was universally approved |ioiitof the immediate interest of the question) ■is the good people of Georgia, and indeed Krv uhere else. The view taken of that ■-sc was this, and it continues to be the de ■itfrate.opiuiou of this Court. That the treaty Br/.iiu' power is parted with by the States At ■ . the General Government according Hthc limitations and powers granted to that ■vernmert and the Federal Constitutions, ■ t that ail treaties,-as well as all laws, must ■ made, in tiie language of that instrument, Kn pursuance thereof.” That the treaty tna lin j power can no mere exceed the powers ■ithe General Government than the law ina- Bing power; indeed, it wofeld be absurd in Me extreme, to contend that the President ■iid Senate can bind the States “ in all Cases Bliatevcr,” and thereby remove all limits from Be Fed Till Government, when Congress, Brnnposcd of the representatives of the peo- Hte, cannot do it! Then according to this Bicw, it became necessary to ascot-tain wheth- B 1 the treaties above mentioned were made B/ pursuance of the Constitution.” In order ■>’ do this, another view became important, Bid it was tills—B-; tho articles of cession ■heady mentioned, made in 1802, the State: If Georgia, in addition to the constitutional light of the General Government to make lieirties, laid actually agreed with that -gov fcvnment that it should purchase the lands— hmliutr it, in the language of the memorial Before reterred to “our agent pro hoc rice.” Ko far, and in larthf r as the purchase of the ■whan title was concerned, powers could not Be more ample, in tho first place the gov- Brimctit possessed the right to treat under ■tie Corwtitntion, and buy the lands, hut with ■ieorga’s own money, as it was in the habit lei doing for Georgia (and the other States) ■vh w-v< r they wished to acquire Indian lands ■Vithin their respective limits. Jn the second ■da'., it had Georgia’s special consent, by >os;th a contract, to treat and pay for the land* >"!(n it; money ; now when the treaty was BfcVaml rcccpted, the whole treaty, as to m purchase of the lands, boing the extent >Uiic government’s agency, must bo taken, irtjr.r. To soy that it would fake a part of such as suited Cieoigia, arid rc cct the balance, was so repugnant to every 'vinciple of justice, that, it con'd not he tolera t'd for one moment. Then, as Georgia had "ye’ii (he treaty, if the General Govern -11 ‘at liad trans-endod its powers, the court wild net possibly vi< w tin- matter in any oth ,r': , 1 ‘is a wai\cr of all objections,and i tnooryin had made ilie treaty Iter own, as ,|o! pn she had the right originally to have titered into if. ■uHv. let us apply those principles fo the li '-^ ore 1!; > &n:l in doing so, two ideas pre* First, if these Reserves. ‘H'M U’ re really nothin nr more than small ■ ions Dj the Indian nation si t apart for par unar tribes, possessing precisely the same "F.r n and condition of tho balance of then 'Mi,',;ns was proved by an after evtinguish ' nt ot tlu-ir title, was decided to be tile oft!ir; Indians, who will contend that • had a right to prevent them from j" ', ...at property in any manner they please? ' a . v >il they had found mines upon J Reserves, that the State could have pro- Jitedthpm from using them? Who will would have been just to have done i,’’"' . C!IV '' t' lo citizens all around these •'' ,0 do what they pleased with •YU 1,1 Well, if in these Re r,i . 10 " n 'l nr| d minerals are not separ -o' "1- 1 ° I!,a ‘ :c *-’ SR latter t!m proper if; State, how <!o they differ from the ,i. ' t,: T ni di° ? The Indians hold the their lands precisely by a similar ,\‘ Us “Ifcady been shewn, and will he presently. Suppose one e", ' a crvcs had remained to this day f of one of the reservers, unextin ,l' ' ,o . ann y one hi iievetliftt tho law of ~ ,r> h r |fhiture would operate upon his ; • hi tae name of eve ry thing that is nr,:' ;? c' l |o ' ,Vor, n it do so upon lands i 'iVt' V 1 ’ Sfmic situation, dijfi ring in no f t n ’ Jmhcr ol ’ ,l,c tenants and the 01 die reserve, for they are effectually • ,T.! "’.''''dr nation for fltoir own mo, by n?li J 11 l( c, d' cl! 'l treaties, rs they did t!ie >'.'!\C3 for the uso of individual lu , ..nil myself of this oeeayion t o ntate, that ■’•"'s afford a happy illyytnition of r ‘nee between the State’s rigid of . ‘Oil and the Indian's right pf proper i.ii, ( > " rr * ,n °"it had awarded to tl|o Jn ,M)l,,( I l '';' a'e property s-r.ured to him by •ii in Ins reserve, Im hud have npplieil iurs, —ntyr, i,.., v.'ruib! have been answered, no—you fail under the government of the State precisely like ail oth er persons within its limits, he’the nature of their titles to lands what it may, or be them citizens or foreigners, black, red or white. And so with regard to the rest of the nation, because as before stated, they are precisely in the same situation of these Reserves, be ing only a larger scope of couutry and a grea ter number of tenants. The other idea is this. If the treaties just mentioned were accepted by the State under the articles of 1802, and secured to these Re serves, by t!ie decision of the Court, tho right to their reserves, Cere arc other treaties made since 1802, that guaranty in like man ner, to tiie nation, all their lands not ceded to Georgia, and which Georgia lias also ac cepted. 1 know it is now contended, that notwithstanding the States have yielded to the General Government tlie right to make treaties, and declared that no State shall make treaties, that such power was never meant to apply to the purchase of Indian lands within tiie limits ofStates. This might be safely granted, though a different construc tion has certainly prevailed throughout the Union both by the States and the General Government, and though Georgia has repeat edly declared otherwise, as 1 have shewn in three distinct acts, yet, as stated before,Geor gia has vested the General Government by special contract, and made her the State’s agent to purchase these very lands ; conse quently whatever treaty is made by that gov ernment and received by Georgia, must be j binding. In various treaties made prior to | the articles of cession, the following stipula- j tion is to he found—“ The United States sol- i emnly guaranty to the Cherokee nation, all j their lands not hereby ceded.” Thisguaran- I tee is found in the treaty of Ifolston, in the year '92 and tiie treaties prior to that time.— In tiie treaty f ‘9B is found this article—“the treaties subsisting between (lie present eon- j trading parties, are acknowledged to be of full and operating loree, together with tiie con struction and usage under (heir respective articles, and so to continue.” Anti again in the same treaty, 6th article—“ln conside : ration r.f the relinquishment and cession here by made, the United States (will pay so much | money and goods) and will continue the guar- I antee of the remainder of the country forever as made and Contained in former treaties.” And in the last article of this treaty, it is de clared that said treaty “shall be considered as additional to, <fc forming a part of previous 1 treaties, and shall lie carried into effect on both sides, WITH ALL GOOD FAITH.” These arc tiie pledges prior to the articles of cession, and perhaps by some it may be said, are not binding upon Georgia. Now let us see what pledges are made after the year 1802, the time when Georgia made the Gen. Gov ernment an agent to “extinguish the Indian title.” In the treaty of 1805, made at Tel:- eo, the very first article-declares “ all forme? treaties, which provide for the maintainance ol peace and preventing crimes, arc on this occasion, recognized and continued in force.*' j Can any thing conduce more to peace than j tiie undisturbed and quiet possession of one’s | home ? Can any thing sooner contribute to j an opposite consequence than the violation !of one’s possessions ? Rut again, in the sth j article of Jackson’s and MerriivcthcrV. treaty, : in 1817, which divided the nation and sent Ja part across the Mississippi, it is agreed, “ that tho treaties heretofore between the ! Cherokee nation and the United States, are ' to continue in full force with both parts of | the nation, and both parts thereof entitled to rail the immunities aqd privileges which the j old nation enjoyed under the aforesaid tre i ties.” This treaty procured for Georgia ah j that valuable country in which tiie counties lof Walton, Gwinnett, Hall ami Habersham, J are situated, and of course formed the con ! sideratioa for the above stipulation, securing to the Indians the provisions of other treaties, one of which provisions \Ais, that the Indians should he guarantied in the balance of their lands not ceded. Now if Georgia has accepted this treaty, received tiie land thereby conveyed and dis tributed the same to her citizens, can she in good faith violate the guarantee solemnly made in that treaty to the Indians? Is not this precisely a similar case to the one deci ded in favor of the Reserves ? Ik sides a vi olation of the faith of treaties, the most .sol emn of all contracts, and so regarded by all civilized nations, it would be a palpable vi olation of that part of the lOfii section of the Ist article of the Fedora! Constitution which positively forbids the States from passing any “law impairing the obligation of contracts.” This is a contract made by Georgia herself, because made by the United States under her power of attorney “acting as her agent,” ra tified by her and its benefits fully enjoyed on herfsart ! I have on a former occasion said, and I am yet of the same opinion, that the 11, States have no right to treat with the Indians on any subject, but such as relates to peace or war, and to connncice, those being tiie only gene ral relations in which (hey stand to that gov crnmcr.t, and as falling within the powers granted in the Constitution. Any thing r ise (lie State of Georgia might reasonably object to,but where lands have been ceded as the tlie terms of peace, or ending a war, or pre venting future disturbances, or settling claims, the treaties arc such as fall strictly within the power of the United States, and so Georgia herself lias frequently admitted. — Such were all the treaties prior 1o the arti cles of cession- And thus believing how can this Court, under the solemn oath it has j taken, evade this explicit injunction con tained in tho Federal Constitution, to wit—: “this Constitution, and the laws of tiie Uni ted States which shall be made in pursuance thereof, and all treaties made or which shall be made, under the authority cf the United States, shall he the Supreme law of the land; ami the JUDGES in every Stain shall lie bound thereby, any thing in the Constitution or laws of any State to the contrary notwith standing,” 1 confess, under the immense obligation imposed upon my conscience by this unequivocal direction, I am not prepared to nullify these treaties. We owe it to our own character at home and abroad ; wo owe it to justice, wo owe it to humanity ; buf above all, we owe it to our love and venrra jioli for file F-dera! Pontfiflßjon, WiJdl e<e. cuted according to its acknowledged powers, to re spect these treaties, to the extent of se curing to the Indians the |x)sessioii of those lands not parted with, by fair purchase, and under their free consent. Refore l leave this branch of the subject, I will suggest a fact which goes to illustrate, under another aspect,the foregoing reasoning. The last Legislature passed an act to survey the Cherokee nation and distribute it by lot tery in the manner heretofore pursued, with this exception, tiiat tiie improvements of In dians falling within any of the lots should be reserved to them, and that the fortunate drawers of such lots should not be entitled to a grant for the same, or in any manner “re move, or attempt to remove the Indians from their said improvements,” until the General Assembly shail enact to the contrary, or said Indians or their descendants shall voluntarily abandon such improvements 1 Now a ques tion naturally arises, what kind of a title have these r< serves, under said act ? In sinking a well upon their premises or in ploughing their fields, if they should turn up a piece of gold and appropriate it to their own use, would they be obnoxious to the law, which makes it criminal to dig gold in the Cherokee nation ? If they would not, where is the dif ference between that case, and their present condition in the nation ? They would then j hold their reserves under no better title than they now hold the nation. The act only re duces their title from a tenancy in common to one i n severalty, and the quantity from a j large to a small amount, and surely whatever I right they would have in the last case, is pie* jcisely the same which belongs to the first, for ! the operation of the act does not in the small -1 est degree change the nature of their title.— j It is still a title by occupancy, without limit as to its duration, unless the State chooses to end it by force. ! I come now to consider the only argument | that has been advanced to sustain the .State, in the course she has taken. It is this—the Indians hold their lands by the mere title of occupancy—the fee simple is in the State, and therefore having the reversionary interest j she can restrain the Indians from injuring the j freehold, or in other words, from committing | waste. If this be true, she can also prevent I them from cutting timber beyofnl what is ne j ccssary for absolute use, and from doing many I things, which in legal language is called 'waste, working mines comes within that de ! finitiou and is of no higher injury to the free j hold than any other species of waste. Cut j the truth is, the Indian litle of occupancy as isimilat.es itself to no principle of the English > law which gives the right to stay waste as it |is called. It is analogous to no estate, upon I condition, which involves the relation of land -1 lord and tenant,remainder man or reversioner i and these are the only three characters who lean restrain the tenant from committing j waste. It must be a particular estate to which j there is a definite limit, certain as to the time I of expiration, which will entitle tno owner of the freehold to restrain tho commission of j waste. We all know w hat the renting of land i means ; it docs not fall under this head. It is not every reversionary interest in lands that {will give tire right to restrain tho tenant from l committing Waste. It is a well known fact j that the Stale, as the source of ail title, has a reversionary interest in every foot of kind site ! grants out to her citizens; for if they die with | out heirs and intestate, their lands revert to ! the .State by virtue of the escheat law. Now under this remote expectant inter* sf, no one ! will contend the Legislature could restrain ! the good people of the State from digging ! gold 0:1 their lands. The State does hold i:i ri mainder, for remainder “is defined to he an : estate limited, to take effect and he enjoyed j after another estate is determined . There j must be a particular estate created, certain I and determinate, os for years, for life, or in I tail, and remainder being a relative term im ! plies that a part has been previously disposed | of, for where the whole is conveyed at once, there cannot possibly exist a remainder : but tiie interest granted, whatever it may be, will bean estate in possession.”—2 lilac. 1G5.- Every one must perceive that this relation docs not exist between Georgia and tho In dians. “An estate in reversion is the ics.due of an estate left in the grantor, to commence in possession after the determination of some ! particular estate granted out hv him.——2-Blue. 175. Sir Edward Colic desciihcs a reversion to he the returning of land to the grantor or his heirs, after the grant is over. Now it is equally clear that this estate does not apply to the case of the Indians; for instead of Geor gia's bring the grantor and limiting a part icu lar estate, to tho Indians which is to have a specific duration, the very reverse is-truc.— The Indians are the original grantors, and re serve to themselves in the gnyit, to wit, the treaties, an interest which is unlimited as to time, and not to end without their coriscn 4 . —- These arc all the estates which can by any pcssi bility l>o made to bear upon tbe question, anil it may with great confidence bo asserted that none other can be found. Their occupant title is unlim ited as to duration, and to them is, to all intents and purposes, the same as a fee-simple ; they do not care what it is called, if you do not take it away bv force, and will suffer them to retain the use and possession of it till they choose to part with it upon their free and voluntary consent. But we frequently attach wrong ideas to panic* lar terms, nnd if it is understood by the term oc cupancy, that it is such a title as will justify Geor gia to removing the Indians whenever she plea ses. nothing .can he more erroneous; for ae cordingto the legal signification of occupancy, as understood in tho English law, they will have a right to retain their land until they voluntarily abandon or sell it. Mr. Blackstono in describing tbe title to heals by occupancy, says it “is the taking possession ( f those things, which before belonged to nobody. This as we have seen is the true ground and foundation of all property, or of holding those things in severalty, w hich by tho law of nature, unqualified by that cf society, wore common to all mankind. But when once it was agreed that everything capable of owner ship should have an owner, natural reason sug gested, that iie who cculd first declare his inten tion of approaching any thing t<> Lis own use, and, in consequence ci'such intention, actually took it into possession, should thereby gain the abso lute property of it.”—2 blue. 258. There is now no title by occupancy in England, and never was but one instance, and that is now virtually de stroyed by statute. Thjcaso of the Indians iu America ccmes the nearest to it of any we know of, hence it is so called, and applying it to the do liiiitionahcvelaiddown.it is a much more stub born title than is usually conceived. Wo have seen also, that tbe f* v * discoverer. f. Britain, *‘><>se so to consider it, and imposed no other con dition or restriction upon it than the right of pre emption o n her part. This has been followed up by Georgia, by the other States, and by the U. States; so that as tar as human action and decis ion can confirm and settle a question, this is at rest- It will be recollected, that at the August Term 19130, of Clark court, 1 delivered a charge to the Grand Jury, in which 1 men tioned that it was my fixed determination to enforce the laws of Georgia in the Cherokee nation. I told them of the illiberal interfer ence of other States in this question—that they had reproached us with cruelty, fraud and injustice to the Indians, and said even in Congress, that it was our intention to op press by legislation, to persecute by legal prosecutions,and finally destroy the Indians, to obtain their lands. I concluded that charge by saying “let us falsify the prophe cies that have been made as to the treatment which tho Indians arc to receive at our hands, by exercising towards that unfortunate peo ple, the utmost kindness, justice and humani ty. Their rights must be respected. To the Indians I will say, they have nothing to dread, as far as (hey are concerned, either from the character of our laws or their mode of admin- istration—for if ice can live under them, they surely can, and no distinction shall be made in their execution.” In the name of every thing that is holy in religion, that is lovely in charity, that is sacred in justice and dear to freedom, ‘let not this be an idle, faithless pledge. “Justice (says Va(tel) is the basis of all society, (he sure bond ofall intercourse. All nations are then strictly obliged to culti vate justice with respect lo each oilier, to ob serve it scrupulously, and carefully to ab stain from every thing that would violate it. Every one ought to render to others what be longs to them, to respect their rights, and to leave them in tho peaceable enjoyment of them.” The elegant historian, Dr- Ramsey, has said, “ universal 7 justice i3 universal in terest. The most enlarged happiness of one ! people by no means consists in the degrada tion or destruction of another; it would be morc glorious to civilize one tribe of savages than to expc i or exterminate a score. In stead of invading their rights, promote their happiness and give them no reason to curse | thefolly of their fathers who suffered yours to set down upon a soil which the common parent of us both had previously assigned to them.” In this st rong sentiment of justice, all good men must concur, and, I am persua ded, it is one which Georgia slandered ns she has been, will not feel herself authorized to disobey. But to consign a weak and defence less race to the sepu-ge of slavery by day, and the gloom ofdungeon by night, fir from their country and their friends, for no other Crime than that oftakinggold from their own land and the land of their fat hers, is not only n departure from this heaven directed princi ple, hut will incur tho condemnation of all civilized nations, if it do not provoke the ! curse of a much higher tribunal. MACON. __ Frltlay,October 7, i HSI. Tin- excitement wiii. ii prevaib-d la our (ow e on Monday and Tuesday last, must plead ear apology for the non-appearance ot tho Alt'. Kl - TINEii, on Wednesday last. It is now generally believt and that there was no cause for alarm, Other than that which existed in the unfounded appre hensions cf some individuals in the country, from whence the report originated. Notwithsfatding two da. vs have been cut oil from our labors, we do not lunch regret it—for it has given us an opportu nity of w itnessing such a prompt display of zeal and patriotism, on the part of our fellow citizens, as proves them ready for any emergency. The result of the Election in this place, on Monday last, was a glorious triumph. Since the last struggle tor Governor between the Troup and ('lark party.it shows a gain in favor of the former, of 120 votes —and in our legislative representa tion, our opponents linvo been completely put hors de coni uot, Both our Senator and Represen tative are decided friends to Gov. Gilmer’s ad ministration. The revolution ofpublic sentiment in llibb county, proves, that nitre ugh the people may for aw hile err in their choice, of public ser vants yet their good sense w ill not he long in de tecting and correcting the abberration by a prompt return to correct principles. The crisis—The issue. We present a Table, under the head of “ Election Returns,” which, v,e believe is nearly, if not entirely correct. It consists of S9 counties, 37 of which give returns of the Governor’s election—ln those 37 counties (Troup and Marion not heard from) Lump kin’s majority is 531 ! Still, “wc do not despair.” We look with confidence to El bert county in the Northern—to Laurens in the Southern—to Burke, Jefferson, Tattnall f and Montgomery in the Middle—and to Brv-; an, Chatham, Liberty, Glynn, Camden, and i Effingham counties, in the Eastern circuit,! with otlu r tributaries. Let tiie victor be ■ eitln r, the er ntest will still have been an ani- i mated and close one—one, which warns all | parUzans to vigil ance—for, “ The price of I Liberty is eternal vigilance” gfr W e perceive that the “Federal Union '■ has j re,published the communication of Mr. M* Donald ! which was addressed to us, and originally appear- i ed in our paper. As an act of justice to ourself, and that we may be fairly placed before the eom njunity, we have no doubt that Messrs. Polhill & Cuthpert will follow tip the communication by the publication of our replications. This would be honorable. If the gentlemen have not our numbers containing them, it will afford us much pleasure to forward them by the earlicst'corivcy-j unco. E'oi’eign. This morning’s mail brought ns European ad vices five days later than those previously pub lished. Warsaw is . till invested by the Russian armies. “The I’oi< p however, are said to be pre pared for a terrible resistance. They have un dermined the whole of Warsaw, and are ready, if overpowered, to bury themselves and their in vaders fn one common ruin.” All hope cf aid from France or Great Britain seems to have van ished, in consequence of the pusillanimous policy of PuniNß, tho pud fie French Minister! The gal lant Poles will then have to breast tbe storm alone. May the tied of Battles attend them.— l Should they be triumphant, their Independence will bo a standing reproach to William and Phi lip—hut, should they fail! a foul blot will mark th'ir escutcheons —History w ill point to it. as the shameless act < f two greet moral and political delinquents —an 1 Genius will weep over tho fate of SoHRYZNFCiit and his band of patriots, in tbe pathetic and indignant pages of another Timbre i > ryr W M’S *.\V, ELECTION IiETURNS. Counties. SENATORS. j REPRESENTATIVES. Gilmkr. Lumi-kiji. Baldwin, 23 ' Bovkin* Howard,* Calhoun.* B'bb, 64 Baber* Holt.* Columbia, 29 Averv,* Crawford,* Scott,* Clanton. Crawford, 172 Blackstonc, Warner. I wiggs, 211 Smith, Tarver, Solomon, Pearson, Houston, 299 Dean, Gilbcit. Monroe, 140 Brown,* Chappell,* Redding,* Gibson.* Upson, 1 Holloway,* Greene.* Bike, 100 Pryor, Blackburn. Henry, 623 Johnson, Johnson, Petit. Greene, 741 Stokes,* Cone* Matthews,* King.* Jasper, 104 Loyal,* Ward,* Price,* Robeson, Burnr. Putnam, 496 Branham,* Hudson* Reid* Merriwethcr* Mason* Hancock, 520 Devercux,* Vinson,* Carnes,* Graybill.* Morgan, 165 Nesbit,* Leonard,* Pegrijian* Finney* Wilkinson, 597 Hall, Hatcher, Exum. Richmond, 45 Mealing,* Shannon,* Glascock, Carter. W ilkes, , go Wooten, Irwin, Willis, Brown, Thurmond. . 241 Cargil, AlcMichad. Pulaski, 155 Clayton, Rawls, Taylor.* Muscogee, 38 Woolfolk,* Baker. Washington, 140 Tonnilie, Reeves, Rutherford.* Curry* Talbott, 157 Townes, Burkes Harris, 37 MoDougald,* Jackson.* Marion, Temples, Newberry* Troup, Bailey* McCoy Newton, 50 (All Troup men*) Lee, 17 Thomas,* Burkes, Coweta, 114 No return of members received. Jones, 99 Parrish, Jones, Dav, Phillips, Cox- Clarke, 231 Oglethorpe 435 Warren 438 Taliaferro 398 Jackson 20 Madison 101 Walton 612 Hall 294 Gwinnett 180 This ‘ denotes, of the TROUP party C’anatoo. Tho interesting decision of Judge Clayton, ini the case of this Indian, has excluded a number of articles intended for this day’s paper. The im portance of the subject however, will boa suiii cient apology for tho space it occupies. as Bush, (Cabinet Maker) aged 30 years, and a native ofN. York. eoMML'NICATKD. Departed this life, near Knoxville, (Tcnn.) rm tbe 15th Sept. last. Mrs. KI.IZA A. BULLOCK, in the 37th year of her age. Mrs. IS. was a native of Georgia, and resided for several years' in this county. During the past summer she visited Tennessee for the benefit of her health; but, alas, in a short period after her arrival in that State, the cold hand of (loath ar rested and consigned her to that “bourne from whence no traveller returns.” Although far from j home, and the endearing consolation which its l recollections inspire, she. nevertheless, attracted around her a circle cf sympathising friends, whose kindness and attentions were soothing, affection ate, and unremitting. “By foreign hands her dying eyes were clos'd, By foreign hands her decent limbs compos'd, By foreign hands her distant grave adorn’d, By strangers honor'd, and by strangers mourn’d.’’ F- r the last five years Mrs. Bullock was an exemplary member of the Presbyterian Church. Her piety was divested cf all that harshness and austerity which too often gives an unlovely as pect to tho mild features of Christianity, and casts a veil of gloom around the beautiful religion of our Saviour. Her’s, was a cheerful heart, that loved to bound in the sunbeams of righteousness, rather than secrete itself in the dark and murky clouds of Superstition. In her tenet3 too, Mrs. 15. knew nothing of the bigotry of the rigid and uncompromising sectarian. Tolerance was one of tiie brightest gems that sparkled on tiie Caossj she Wore—ami, in her view, all wore Christians who loved their God. In social life, those who knew, recognized her as an accomplished and fascinating Lady. Her bland manners, colloquial powers, and sportive wit, charmed and animated every circle in which she moved. In the more important departments; of domestic life, she also shone conspicuous, and was scrupulously faithful in discharging the high and responsible duties of wife, parent, and neigh bor. This is a hasty tribute to the memory of one we well knew—of one, whose virtues merit an abler panegyric than our humble ability can bestow. e lites eon lousiness. r jU!E subscribers having formed a connection I -** in the above line, under the firm of REA & COTTON, • Tender their services, and hope by their attention j to merit a share of patronage. JAMES REA. CHARLES COTTON. Macon, Oet7 48-1 aw .3m COMMISSION BUSINESS. rjMIE subscriber will attend to the purchase of *- Cotton, nnd sale, of Merchandize, and hopes by strict attention, to merit the patronage of those who may favor him with their confidence. J VMES REA. Macon,Oet7 47-law3ni mIIOSE persons to whom Guns and Pistols -*t were loaned during tbe late excitement, will do us a favor to return them to cur store immedi ately. WILLY, BAXTER U TORT. Oct 7 47 FOOD, ON Wednesday last, a Cloak, very little worn. The owner can have it by proving his prop erty and paying for this advertisement, (let 7 47 It KTU RN—BAY ON ET! rjXJTE person who took a Musket and Bayonet from Smith's Confectionary, during the ex citement, is requested to return it as soon as pos sible. Oct 7 A MUSKET AND BAYONET nAK been taken from die Advertiser Office. . The letter S is plainly cut on the breach of the musket. The proper holder of it would be obliged for its return at the Advertiser Office. ilio ship Oglethorpe, intended to sail from 3? Liverpool on the 15th August last, tin subscribers Avill receive on her arrived, dail'/ ex prefrd, their usual supply of Fall arid Winter dry goods. cutlery,& crocivKiiy WARM, which will he for sale by the package or piece at reasonable prices and customary terms. LOW, TAYLOR & CO. f'jrr'c!', FcuremV— ihf, 18??, 4.’— -gw Executive Department, p Milledgeville, Ist October, 1831. 5 ORDERED, That the act of the L . islaturr* to amend the Patrol Law be published it| the newspapers of this place. By the Governor. MILLER GRIEVE, Sec’ry E. D. \N ACT, toamend att act, regulating patrols, passed the eighteenth November, seventeen hundred and sixty five, so as to vest the ap pointment of patrols in tha Justices of the. Peace. lie it enacted by (he Senate and Jlause of Itcpr'- saitnthvs of the State of Georgia, in General asstm-. bly met, and it is hereby enacted ly the authoritir of the same, That from and after the passage of this act, the Justice or Justices of the Peace in. fjacli cap tain’s district in this State, shall be, and. they are hereby authorized and required, to ap point patrols for their respective districts, make* lout a schedule of all persons liable to do patrol duty, and at the first Justice’s Court in their dis trict, or in five days thereafter, they shail organ ize patrol companies as the law directs, end ex-. ercise ail the powers in doing so, and enforcing* the same, that are vested in the captains cf tlio* district companies or other militia ofliees, for neg lect of duty, to bo subject to like penalties or forfeitures. Sec. 2. And be it further enacted. That, all acta or parts of acts, which militate against the inter, i and meaning of this act, be, and tiie same ai hereby' repealed. ASBURY HUM,. Speaker of 'he House of Representatives. THOM AS STOCKS, President of the Senate. Assented to, Dec. 20th, 1830. GEORGE R. GILMER, Govemo-. HAVE just received from the Athens Factory Cotton Yarn of different numbers —also 3-4 Cotton Shirting, (a superior article.) Macon Sept, ‘JO, 1831. 4 t IWtntcd u boy racter, to attend in a Store. Liberal wages will :be paid either quarterly or monthly—iaquiro at this Oilier. Sept. 20, 1831. Jt Female School. V SCHOOL of the above character is roup open in the. basement story cf the Baptist Church in Macon, taught by Mrs. Campbell.— A knowledge of the various branches of an Eng lish Education, together with .Needlework,Draw ing and Painting, can be obtained here. Sept. 2(1, 1831. 46-tt TIIIx SUBSCRIBER [I ESPECTFFLT.Y informs his friends an<J # the public generally that he still keeps thqi House formerly known as the Commercial gfof<? y and will be thankful to receive a part of thft public patronage. Private Boarding can be had _ on liberal terms. Tran sient persons will find it their interest ta call; there being a LIVERY STABLE on ibn lot kept by Messrs. Towns & Riley, who give almost their entire attention to the care of horses, and the price 50 cts. lower than they are kept at the Taverns. WM. BJV’IN S'. Macon, Sept. CP, 1831. 46-l\v* four month* fie r data*, t PPLTCATIOX will lie made to tire Inferior A Court of Bibb county, when sitting for Ordi nary purposes, for leave to sell tlip real estate of I the heirs of Hugh McLeod qud Joseph Clark, dee, for the benefit of yaid heirs. ISABELLA CLARK Guardian. May 9 7*4ui .WTI€JS. k X election will be Ik Id at the Court-house i-| /V the town of Macon on Saturday the fitl\ day of October next, for Captain, first and secanit Lieutenants, and Ensign to command the Maeoit Volunteers, by order of If. S. GRIFFIN, Colon*:!. ISAAC H. ROWLAND, Adjutant, Macon, Sept. 19, 1831. 41-tde *. • . i . - -..i. —■ ■ <■'■ lem —y* ADMINISTRATOR’S SALE: V€7ILL be sold on the first Tuesday in Deccm v v her next at Forsyth, one Lot of Land N't. •2 Id in tho seventh district cf Monroe County sold as the property of Catharine Ran soy, late of Jefferson county, deceased. Sold for tliebenefit of the heirs and creditors cf said deceased. GEORGE W. COLLINS, Adm’r. Sept. 5, 1351. 4t—COds FOR SALE, If applied for immediately, ONE elegant Barouche, and One GIG, bot'i new, with Plated Harness to each. Also, two first rate SADDLE and HARNESS IIOKSES. Apply ta l.r. HELVkNSON, O'*? * 4?-c*