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MAserf &pE> &(ggff<PTOTOß&a> mi© saaafrPftiMgaHLa
POETRY.
- “A poet’s hand and prophets fire,
Struck the wild warbliags of his lyre.”
THE LOST HAULING.
BY MRS. SIGOURNEY.
She was wy idol —Night and day to scan
The due expansion of Her form—and mark
The tinfolding mind like vernal rose-bud start
To sudden beauty, was my chief delight—
To find her fairy footsteps following me,
I !er hand upon my garments, or her lip
( lose scaled to mine—and in the watch of nigh;
The quiet breath of innocence to feel
■Soh ou n:y cheek, was such afull content
Of hap; aiess, us none out mothers know.—
He* voice was like some tiny harp that yields
T ' lit* s' : ight-fing£red breeze —and as it held
Briefer ttv.ifse with herdoll—or kindly soothed
lif r mousing kitten —or with patient care
Conned e'er the alphabet—but most of ail
Its tender cadence in her evening prayer,
Thrilled ou the ear like some ethereal tone.
Heard in sweet dreams. But now alone I sit,
Musing of her, and dew with mournful tears
The littia robes that once with woman’s pride
I St tight —as if ticjie were a .teed to deck
A being formed so beautiful. 1 start,
Half fancying from her empty crib there comes
A restless sound, and breathe the accustomed
words ;
“ Hash, hush, louisa, dearest 1 ” —then I weep.
As though it were a sin to speak to one
Whose home is with the angels. —
Gone to God J
And yet wish Iliad not seen the pang
That wrung her features —nor the ghostly white
Settling around her lips—l would that Heaven
Had t.uven its own, like some trausp anted
flower,
In all its bloom and freshness.—
lilTO I U 1/0(1
Be still my heart! —What could a mother’s
prayer
In all the wildest extacy of hope,
Ask for its darling, like the bliss of Heaven.
WOO TIIE MAIDEN.
i'Y tV. O. BP.YANT.
Host thou idly ask to hear
At what gentle seasons
Nymphs relent, when levers near
Press the tenderest reasons I
Ah, they give their faith too oft
To the careless wooer ;
Maiden's hearts are always soft,
Would that men’s were truer!
W co the fair one, w hen around
Early birds are singing ;
AY hen, o’er ail the fragrant ground,
Early herbs are springing ;
YY heu the brookside, bank, and grove,
All with blossoms laden,
Ehine w ith beauty, breathe of lbve,
Y\ oo the timid maiden.
W oo her, when, with rosy blush,
Summer eve is sinking ;
When, oil rills that iStftly gush,
Stars are softly winking;
W hen through the boughs that knit the bower,
Moonlight gleams are stealing ;
Woo her, ull the gentle hour
Wake a gentle feeling.
\\ oo her, when autumnal dyes
Tinge the woody mountain ;
When the dropping foliage lies,
In the choked-upfountain ; ,
Tot the scene that tells how fast,
Youth is passing over,
W am her, ere her bloom is past,
To secure her lover.
ARTICLES OF A TREATY.
Made at the City of Washington between
Lewis Cass, thereto especially authorised
by the President of the United States, and
the Creek rihe oflndians.
Art. 1. The Creek tribe of Indians cede
to the U. S. all their lands East of the Mis
sissippi river.
Art. 2. The United States engage to
survey the said land as soon as the same can
he eouvemer.tly done after the ratification of
this treaty, and when the same is surveyed,
to allow ninety principal Chiefs of the Creek
tribe to select one section each, and every
other head of a Creek family to select one
half section each, which tracts shall here
served from sale for their use for the term ol
live years unless sooner disposed of t>v thorn.
A census of theft persons shall be taken un
der the direction n! the President, and the
selections shall be made so as to include the
improvements of each pi rson within hisseleo
tion, if the same can he made; and if not,
then all the persona beiopging to the same
town, t'.iHitled to selections and who cannot
make the same so as to include their improve
ments, shall take them in one body in a pro
per form. Arid twenty sections shall be
selected, under the direction of the Presi
dent for the orphan children of the Creeks,
find divided and retained c.r sold for their
benefit, as the President may direct. Pro
vided, however, that no selections or loca
tions under this treaty, shall he so made as
to include the agency reserve.
Art. 3. These tracts may be conveyed by
the persons selecting the same, to unv other
persons far a fair consideration, in such man
ner as the President may direct. The con
tract shall be certified by some person ap
pointed for that purpose by the President,but
shall not be valid till the President approves
the same* A title shall be given by the
United States on tiie completion of the pay.
ment.
Art. 4. At tiie end of the five years, all the
Creeks entitled to these selections, and <n
flirous of remaining, shall receive patem
therefor, in fee simple, from the Uni.c-'
.States.
Art. 5. AH intruders upon the countn
hereby ceded shall lie removed there irorn in
tfi* attnemannur as intruders may he rciuuv- 1
•* •* , v
td by law from other public land until the
country is surveyed, and tbe selections inatie;
excepting, however, from this provision, tfio
white persons who have made their own im
provements, and not expelled the Creek
from theirs. Such persons may remain un
til their crops are gathered. After tic coun
try is surveyed and the selections made, this
article shall not operate upon that part of it
not included in such But intru
ders shall, in the manner before described,
be removed from these selections for tin
term of five years from the ratification of this
treaty, until the same are conveyed to whin
persons.
Art. 6. Twenty-nine sections, in addition
to the foregoing, may be located, and pat
ents for the same shall then issue to those
persons, being Creeks, to whom the same
may be assigned by the Creek tribe. Bill
viiciiever the grantees of these tracts posse,,-
improvements, such tracts shall be so located
as to include the improvements, and as near
as may be in the centre. - And there shall a
-be granted' by patent to Benjamin Mar
shall, one section of land, to include his i:n
provements on the Cliatlahoochie river, to lie
bounded for one mile in a direct line ulo.i
the said river, and to rim back for quant it}.
There shall also be granted to Joseph Brun r,
i colored man, one half section of land, for
his services as an interpreter.
Art. 7. All the locations author.zd i
this treaty, with the exception of that t
Benjamin Marshall, shall be made in coiiict
mity with the lined of the surveys ; and t;i
Creeks relinquish all claim for improvements.
Art.. 8. An additional annuity of twelve
thousand dollars shall be paid to the Creek:
lor the term of five years, and thereafter the
said annuity shail be reduced to ten thousand
dollars, and shall be paid for the term of fif
teen years. All the annuities due to the
Creeks shall he paid iu such manner as in
ti ibe may direct.
Art. 9. For the purpose of paying cei
tamdebts due by the Creeks, and to relitvt
liiein in their present distressed condition,
tiie sum of one hundred thousand dollars
snail be paid to the Creek tribe, as soon may
be, after toe ratification hereof, to bo uppiie-i
to the payment of their just deots, and thee
to-theirowu relief, and to be distributed
Uiey may direct, and which shall bo m foil
consideration ol ali improvements.
Art. 10. i’ne sum of sixteen then
dollars shail bo allowed as a compensation
to die delegation suit lo tins place, and fi r
tiie payment of tneir expenses, and of the
claims against them.
Art. 11. l’ue following claims shall be
paid by the L. States.
Bor ferries, bridges and causeways, three
thousand dollars; provided that the same
shall become t-e property of the U. States.
For the payment of certain judgments ob-|
tamed against the chiefs, eight thousand five
hundred and seventy dollars.
For losses for which tilery suppose tin i .
8. responsible, seven thousand seven hundred
and ten dollars.
For the payment of improvements mi
ller the treaty of 1820, one thousand dol
lars.
The three following annuities shall be paid
for life—
lo Tuske-hcw-haw-Cusetaw, two lulu-'
dred dollars.
To me Blind Usher King, one hundred
dollars.
To Neah Micco.one hundred dollars.
There shall be paid tiie sum of fifteen dol
lars for each person who has emigrated with
out expense to the U, States but the whole
sum allowed under this provision shall not
exceed fourteen hundred dollars.
There shall lie divided among the persons
who suffered in consequence of being pre
vented from emigrating, three thousand dol
lars.
The land hereby ceded sin!! remain as
a fund from which all the foregoing payments
except those in the ninth and tenth articles,
shall bo paid.
Art. 12. The United States are desirous
that the Creeks should remove to the country
west of the Mississippi, and join their con
trymen there, and, for this purpose, it is a.
greed that as fast as the Creeks are prepared te
• migrate,they shall be removed at the expence
of the U. States, and shall receive subsistence
while upon the journey, and ior one year after
their arrival at their new homes. Provided,
however, that this article shall not he con
~ rued so as to compel any Creek Indian to
migrate, but they shall be free to go or stay,
as they please.
ArtJ 13. There shall also be given to each
emigrating warrior a rifle, moulos, wiper and
ammunition,and to each family one blanket.--
Tim e thousand dollars to be expended as the
President may direct, shall be allowed, for
tin term of twenty years, for teaching their
children. As soon as half their people emi
grate, one blacksmith shall he allowed them,
arid another when two thirds emigrate, to
gether, with one ton of iron and two hundred
weight of steel annually for eacli blacksmith.
These blacksmiths shall be supported for
twenty years.
Art. 14. The Creek country west of the
Mississippi shall be solemnly guaranteed to
the Creek Indians, nor shall any State or
Territory ever have aright to pass laws for
the government of such Indians, hut they
shall be allowed to govern themselves, so far
as may he compatible with the general juris
diction which Congress may think proper to
exercise over them. And the United States
will also defend them fnyn the unjust hostili
ties of other Indians, and will also, as soon
as the boundaries of the Creek country west
of the Mississippi arc ascertained, cause a
patent or grant to be executed to the Creek
tribe, agreeably to the third section of the
art of Congress of May 2nd, 1030, entitled
“ An act to pro', ide for an exchange of lands
with the Indians residing in any of the Stales
or Puri lories, an i for their removal West of
'he Missis:,ippie’
Art. ].'i. Tins treaty shall bo obligatory on
the contracting parties, as soon as the same
. ■ ■'! be ratified by tin United States.
In testimony whereof, theft id jL wisCass,
anu the undersigned Clous of the said tribe
have hereunto set their hands, at the City of i
Wasnington, this 24th day of March, A. H.
1832. * LEWIS CASS.
Opoth I cholo ,
'J'uchtbatrhcedaJgo,
EfUmatln,
Tuckebalche Micco,
To mud: Mitco ,
William McGdtery,
• Benjamin Marshall.
In the presence of Samuel Bell, William
R. King, John Tipton, William Wilkins, C.
C. Clay, J. Speight, Samuel W. Maidis, J.
C. Isacks, J. Crowell, 1. A.
Benjamin -Marshall, j
Thomas Carr, V Interpreters .
John If. Broadnax, j
Jones county JKecling.
Avery numerous and respectable portion
of tbe citizens of Jones county, convened at
the court house in the town of Clinton, on
Tuesday the 3d inst. according to adjourn
ment, and having called Col. Warren Jour
dnu, to the chair, and appointed l)r. Abner
If. Flewellin, Secretary, the following pream
ble and resolutions were submitted bv Dr.
Jlorutio Bowen, the Chairman of the commit
fi e, appointed at a previous meeting. The
preamble and resolutions were supported by
Major Thomas G. Barrow and Robert V.
Hardeman, and adopted without a dissenting
vs. ice.
Whereas at a late silting of the Supreme
Court in die City of Washington, in the case
of Worcester against the State of Georgia, a
most extraordinary and extrajudicial decision
has been made, denying the protection of her
citizens within her limits.
And whereas, said decision, if carried into
effect would be subversive of order—destruc
tive to the peace and well being ef our citi
zens—violative ol the provisions of the Con
stitution of the State, ami not warranted by
any just exposition of the Constitution of tbe
United States, —depriving the State of an es
sential portion of her sovereignty, tending
manifestly to a consolidated government,
t hereby destroying the harmony, and bring
ing into jeopardy the perpetuity of the Un
ion—moreover would present the strange an
unaly of two governments exercising author
t . w ithin the same territory, or more proper
s’ sneaking, would annihilate the government
of Georgia, in part of her territory, and sub
t iu'etiiatof new Echota in its stead.
Therefore resolved, Ist- That is citizens of
Georgia and as freemen, we do most solemn
ly protest against such arbitrary, resumed
(and to say the leastjiinpertment interference
mi the part of the federal judiciary, tow ards
Georgia, in the constitut onal exercise of
rights, peacoahly enjoyed by other numbers
of this Union.
Resolved, 2nd. That under every trial,(and
Georgia has had her sbarejw betuer of pros
perity or adversity , of fet bugs outraged—the
most sacred fights disregarded, of public
functionaries insulted, the honor and charac
ter of the State contemned and ri>itui.ed, we
have cherished an abiding attachment for the
“union of the States and tire sovereignty of
th States.” But that in the opinion of this
ur-eting a crisis has now arrived, when every
consideration of public duty, and every right
held dear by freemen, demand the most deter
mined resistance against this odious usurpa
tion, its aiders and abettors.
Resolved, 3rd. That we most sincerely in
voke the aid of our ministerial fellow citizens
throughout the State, that they would earnest
ly supplicate a throne of grace, that tie; great
arbiter & disposer of events, may, in the plen
itude of his mercy, dispose the hearts of our
people generally to peace, to fraternal affec
tion, to justice and mutual respect for each
others rights, that this great evil may he re
moved from among us, our strifes cease
and harmony and good fellowship may be re
store,v
Resolved, 4th. That we look with confi
dence and entertain the most lively hopes,
that our high public functionaries will per
form their duty to the country with fidelity,
on this momentuous occasion.
Resolved, sth. That our fellow citizens
throughout the State, ar hereby respectfully
invited to hold meetings, to give assurance to
Ids Excclllency the Governor, that he will be
supported by the people of this State, if future
circumstances shall make it painfully neces
sary, in resisting the execution of any man
date or order that may be attempted to be en
forced, coming from the Supreme Court, for
the release of the Missionaries, now in the
Penitentiary, or in violation of the undelega
ted rights, powers, and authority of tins
State.
Then upon motion of Maj. Hardeman it
was
Resolved, That the Chairman sign and the
Secretary countersign the proceedings, and
that they he published in the Georgia Jour
nal and Federal Union, and that other papers,
friendly to the object, within flic State, are
requested to publish them.
WAIIiIEN JOUR DAM, Chairman.
A. 11. Fuivvkllin, Secretary
After the above preamble and resolutions
had been acted upon Maj. Hardeman, with
some explanatory remarks, submitted the fol
lowing resolutions, which were briefly sup
ported by Maj. Barron, and adopted nem.
con.
Heiolved , Ist. That this meeting approve of
the proceedings of the citizens of Hancock
county, and particularly that it is “expedient
for the people in the several counties of this
State, te order a convention to revise and a
rnend those parts of the Constitution, which
prescribe the organization and functions of
the general assembly.
Resolved, 2nd. That we approve of the pro
ceodings of the central committee, lately
convened at Milindgeville, for the purpose
of carrying into effect the recommendation of
the citizens of Hancock.
Resolved, 3rd. That it is proper, and that
•he citizens of Jones county are requested to
meet in Clinton on Tuesday the 17th in
stant, to nominate one person in this county
to meet the delegates, that may be appointed
by the other counties, at Milicdgoville on the
first Monday in May next, to agree and fix
upon a daj certain for electing delegates toai
convention, to be holiien at Milledgeville, at
sucit a time as they may then determine
on.
Resolved. 4th. That the Chairman sign and
the Secretary countersign these resolutions,
and that they be published in the Georgia
Journal anil, Federal Union.
W A RiiE.N JOU R it A N, Cliai rman.
A. 11. Flewmlin, Secretary.
TRADE OF SAVANNAH.
From the Savannah Republican.
We stated the fact, that half of the great
purchases made at Charleston, for the present
season, —and the amount unprecedented,—
wore made by the Georgians. We gave the
I rest authority for the statement, and it has
since not been controverted. We did sup
pose, there was a great want of civism,—a
strange apathy for the metropolis of the State,
—that the Cnarleslon mart, was resorted to,
instead of Savannah, with the capabilities oi
its merchants to furnish supplies to the up
country rneichauts and planters. Not being
well versed in the arcana of these mutters,
we believed, that S vaimah offering similar
facilities with Charleston, it was unpatriotic
and fratricidal in the up-country merchants,
to prefer the Charleston market. We, there
fore, invited information from those who
might either confirm our suggestions* or, re
move the impressions we had imbibed.—W<
put queries to our no rchants and traders, with
the view of eliciting that information. It
! would then come through a channel ol'deci
iled authority, and would therefore place the
sit bp ct oi preference of Charleston, and deser
tion of our own city upon its proper founda
tions. Our request, has not been attended
to in the way we requested; and which was
the only cue, that could be satisfactory to tile
public. We reirret that any considerations
should have restrained our merehente in as
signing, through a public print, tlie true cau
ses of the commercial depression of our city..
Our consolation is,—under the disappomt
ment of our expectations from written com
munications, —that we have done our duty,
and with all mehjis at ourliib'i'osal. Wewen
told, that the long CKfitorrs allowed through
the liberality of Charleston Bank accommo
dations, was the main reason of the prefer
ence given to the Charleston market. We
were again told, that similar credits could
not he allowed here, because our Banks could
not, or did not exercise similar extension of
time, in their accommodations—and, that this
made a difference of 10 per cent, between a
imrcbase made in Charleston, and Savannah.
Again, we solicited information as to the cor
rectness id these statements, from Officers, or
Directors of our Banks', for that would !> al
so conclusive authority in settling the icasim
of preference. We have not obtained the in- ]
formation so earnestly solicited, and must
consequently abandon all hopes of elucida
ting the (mints of enquiry, save, through In
speculations of mere conjecture. Devoted
as we are, to the prosperity and interests of
this city, it is painful for us to make this*
confessions, but we have been compelled to
do so, not only in justification of our own mo
tives.—but to retract animadversions, our
zeal induced us to cast upon a preference gi
ven to the Charleston market, when that oi
Savannah o fie red the same advantages. It is
mortifying to reflect upon the difference be
tween the two marts and the rt asons, —we
must think, until b< tt r advised—ire the innu
j us, for that difference.—The voice' of patri
otism, —the feelings of domestic pride,—loud
ly call upon, and should stimulate every cit
z<n of Georgia, so lend his aid in removin',
causes, watch ought not to exist, operating
so injuriously to the interests of tins great
outlet of the State. If our Banks have con
stitutional defects, which strip Savannan o
h r germs of prosperity nature and locality
Imve given, sufficient remedies ought to !
administered. Why cannot our Banks b
rendered as co-extensively protective of lh
vital interests of "Savannah, as the Banks of
Charleston are to the interests of Charleston?
To us it appears they may, and it only re
quires the shoulders of all good citizens to be
(nit to the wheels. Hosannas to the day,
which announce, that Savannah is, as it
should oe.
The annexed is from the Charleston City
Gazette —We feel a pride in transcribing it
to our columns, and believe what is there sta
ted, to be nothing more than what jus e,
truth and candor, demands for our distin
guished Senator in Congress JOIO Fok-
SVTH.
“The following extract of a letter, written
by PowhalTan Ellis, aSc na*or from Missis
sippi, and published in the Natchez Gazette,
pays a merited tribute toone of the ablest men
of Congress— ‘ Gov. Fobsyth, of Georgia,
may be ranked among the most accomplished
and elegant orators in either branch of the na
tional legislature. His clear, easy, full Ci
ceronic style—his distinctness of enunciation
—his just and appropriate emphasis and grace -
ful manner, all combine to give him great ad
vantages over others as a public speaker. lie
is quick in conception and able in reply—
and ever ready to parry the thrust of his an
tagonist, and pay him back in his own coin
with usurious interest.”
833 KliU AICI9.
10 ST on Saturday, 7th inst. in this county,
i oil the road between Raines’ Store, and the
late residence of Roger Lawson, dee’d. a large
Calfskin POCKET BOOK, containing about
$325, as follows : ,
I—loo1 —100 dollar bill, Believed to be on the
2—-50 do do C Central Bank of Geor
-5—20 do do j gia.
■1 or 5—5 dollar bills on the State Bank.
Tim number mid description of tbe bills not
recollected. The above reward will be given for
the finding and delivery of said pocket book and
its contents. ANDREW LA V> SOX.
Twiggs co. April 12. 102-lm < !
4 N Election will be held at the Court-House, i
* at half past 7 o'clock, P,* M. on Easter
Monday next, tee 23d inst. for Vestrymen and
Warden* of Christ Church.
Bv order of the Board.
A. R. M’LAUGHLIN, Sec’ry.
April 13, 183& ,
MACON.
April 17, ISUiS.
TO CORRESPONDENTS.
“M,”on the re-establishment of the Penitenti
ary is received. We will keep his communica
tion on file until the discussion of this interest
ing subject seasonably opens, when we will give
it an insertion. It is too early we think, to agi
tate the question.
COMMERCE OP SAVAXXAII.
We publish to-day, from the Savannah Re
publican, an article on this subject; from which
it would appear that thecauseof a large part of
our trade being diverted to Charleston, exists in
the want of sufficient accommodation in regula
ting the banking facilties in the former city r .
We have frequently and feelingly directed the
attention of our State to Savannah as our oniy
commercial depot and entrepot, and attempted to
arouse her own resident merchants and capitalists
from the apparent state of torpor into which they
& their trade have unfortunately sunk. Savannah
has, in point of location, all the advantages which
are necessary to make her the great mart of Geor
gia, and to keep within thoir proper boundaries,
the principal benefits which are to be derived
from the product, enterprise, and wealth of the
interior. But, if she chooses to forfeit her com
manding position by a listless or unaccommoda
ting spirit, thoconsequence will soon prove fatal
to her. \V herever tho trader can enjoy the greatest
facilities in the prosecution of his business, there
will he inevitably go. It then, Savannah per
mits Charleston to extend more accommodation
to our country merchants than she is willing to
do, there can be no reasonable cause of com
plaint, if they desert her market. Let her look
to this, before her ever watchful and aspiring ri-!
val depopulates her wharves and bay, and redu-|
ces her capacious port to a mere waste of water, (
when iittleelse may be heard but the.cry cf the
curlew failing upon the ears of solitary fisher
men.
The ( reek Treaty.
Phis document is now officially prjmulgated,
and wiil be found in our columns of Toe
Creeks were the finest race of Southern Abori
gines. Their native character has suffered great
deterioration, under the mischievous policy of
interested triends, and the misguided benevolence
ot well-meaning enthusiasts. Their removal
w ill restore them to that free and natural state,
w hich st ems to constitute the only zest of their
existence.
A gnort for Protectionists.
In the event of there ever existing two sepa
rate Republics, (which tnay God avert,) North
and South of the Potomac; would the Republic
situated on the northern side advocate, or even
think of a protecting system of duties?— Let the
high-toned Tariff gentlemen seriously reflect up
on this question, and answer it conscientiously,
it they will do so,and act in conformity with such
an answer, we will never say Tariff to tjiem again.
Thf Nhi*es.
We have have enriched our Poet’s Comer with
two beautiful effusions—one is from Mrs. SigotHr
nev. and the other from Mr. W. C. Bryant. We
see by a late notice that an edition of die poetical
w rk-, of the latter, is being published in London,
a ink r \ he literary superintendence of our talented,
amiable and elegant countryman, Washington Ir
vin. The productions of such a poet ushered in
to the Metropolis of the Muses, (if we may so
I’itit that great ( apital el literature,) where the
enchanting notes of Byron, Scott and Moore, are
rife with Jiving melody,by sueha hand as Irvin's,
is a flattering and (lelightftil evidence of the es- !
teem in which the infant Muse of Columbia is j
held by the transatlantic Apollo’s.
COAOKESS.
From this quarter we have nothing of interest.
The great questions still lie in repose, wailing
the action of the master spirits.
Thf FiitToket*
A most masterly, dignified and patriotic Re
view of this important question reached us on
Saturday last, through the medium of the Wash
ington City Globe; and on the succeeding day
we received a copy of the same in pamphlet form.
The reputed author of the work is the distinguish
ed Secretary of the War Department. \\ I,ether
he is, or not, so far as the merits of the case are
involved, is to us a matter of comparatively ex
trinsic consequence. We have been in the habit
of recognizing principles wherever we, find them, J
Without asking the ueiuagognical question, “Are j
they sanctioned by the authority of a great, a!
splendid, or an official name !” When the vital 1
interests of the Republic are at stake, did we!
steer our course by such a sycophantic and time !
serving chart, we should be unworthy of breath
ing the blessed ail of Liberty which we inhaled
from the pure and invigorating atmosphere of j
,6, We then repeat our sentiment, —be the
author of the Review, a “ Magnate of the Land,”
or the humble tenant of a cottage it is to us, a
matter of little consideration ; for truth is every
where the same.il “is mighty,and must prevail.”
Yet, notwithstanding, it would he a source of
gratification, it the authorship has been correct
ly attributed; of which we think there is no
doubt. It would be gratifying, inasmuch as in
these times, we should feel proud to hail a Cabi
net officer ot the general government, who, un
blinded by the glittering seals of office, had talent
enough to expose the machinations, and patriot
ism sufficient to combat the formidable opposi
tion which such men as Clay, Webster, Wirt,
and Sargeant, are able to wield.
But to the Review, or, more properly speaking,
as the author has styled it, “An Examination of
the Cherokee Question.” It occupies so much
space that, we regret to say, \ve cannot at of.e
view present all of its features to the reader.—
We shall give, however, such an outline and
extract Irom this valuable performance, as will,
we hope, form a “ tout rn*mhk to com pen’
* I
sate in some degree for the uecessarv
of its interesting details. Illlsslo a
The “Examination” commences with,
allusion to those ‘•sanatory influences’ 1 •
in our political institutions, the virtue
we hope, is still sufficiently efficacious to’
serve the body politic in a sound and v
condition. It then goes on to view the !
tortured question of-jurisdiction,” in ref
to savage or uncivilized men, as it is
by the ablest and most popular jurisconsult
writers on the laws of nations. The action
those well known and established principled
the European sovereigns from the time of
discovery of America by Christopher ColnJ
down to the colonization of this country hr
more happy progenitors, are severally ai?!!
before us charters and grants are quoted, /j
which go triumphantly to sustain the claim
Georgia, and establish these conclusions G ‘
“ 1. That civilized communities have a •
to take possession of a country inlnbfejT
barbarous tribes, to assume jurisdiction *
them, and to combine within narrow H m i ts ‘ nCr
other words, to appropriate to their o***
such portion of the territory as they think 7’
nor. P 1 0"
“2. That .ntheexerc.se of this right, such
commumt.es are the judges of the extent of juris
diction to be assumed, and of territory to he 7
qipred.” dc ’
Having shown that tile -Igl'l. „f jurisdiction
and soil, were the necessary results of the dis
covery and settlement of America, the-Examin "
lion” comes to the final and important 27
lion —
“/v the go,end contruling authority over the
Indiana veiled in the federal government, or in a .
respective State* !
The author says, “ it may be observed in the
investigation of Ibis subject, that this attribute of
sovereignty once belonged to the several States
and still belongs to them, unless they have ceded
it to the general government.” To ascertain
w hether such a relinquishment has been made
he refers to the constitution, and tells us, that
there are but three provisions in that instrument
which have the remotest connexion wi'h this
subject, viz :
1. The power to dispose of, and make all
needful rules and regulations respecting the terri
tory or other property of the United Slates.
It cannot ex At in this prov ision, we are inform
ed, because the United States have relinquished
all their pretensions to the Cherokee Country in
I Georgia.
The power “to regulate commerce with
foreign nations, and among the several States,
ami with the Indians.
This provisi. n is examined at some length, and
wiih great ability; but the bartered sovereignty
offi'iir rights, are not found to lurk within its
secret folds. “If, (says the Examination,) the
idea of general jurisdiction he included in the
terms, ‘regulating commerce,’ the genera] gov
ernment may annihilate the whole State laws, end
bring within ii.i own authority all the people and
property of the country /”
The 3d and last provision cited, is the power
to declare war, and the power to make peace, in
neither of which is the right of jurisdiction, on
the part of the general government to he found, as
is most clearly and conclusively established.
in the course of the “Examination.” the verbal
criticisms, and special pleadings of Chief Justice
Marshall, and some of his fellow Justiciaries,are
scanned with that feeling, spirit, and ability,
which should always accompany a subject in
volving the rights of the sovereign people. In
comparing the views which the Examiner takes
ot the question, with those of the Supreme
( onrt in their late decision, we are forcibly
struck w ith the contrast they present. The argu
ments and authorities adduced by the former, are
such as characterise a wise, mortil, and patriotic
Jurisconsult, whose highest ambition is the hap
piness and glory of the human race; —while
those ol the alter, resemble hr the comparison,
that legal sophistry and professional trickery so
frequently to he found in the lower courts, and
which are so abhorrent to the character of the
patriot Jurist, who presides as one in the great
tribunal of a Republic.
We again express at: r regret that our limits and
time prevent us from layingthe “Examination,”
in extenso, before our readers. But hope that
what we have said, accompanied by the follow
ing extract, which concludes the subject, will be
sufficient to give our readers a general idea of the
ground occupied:—
EXTRACT
; From an Examination of the Cherokee Question.
J “We approach now the materia} enquiry
:>n tke case. Do the treaties, which Iwve
1 been formed with the Clierokces, contain
! stipulations incompatible with the exercise
! of jurisdiction by the State of Georgia over
these Indians? That they establish bounda
ries of possessions, and secure or “ allot; to
these Indians their “ hunting grounds,”
“ lands, VVtc. or in other words, all those
usufructuary rights, necessary to their subsis
tence in their usual mode of life, so far as
the relative obligations of the United States
and Georgia permitted the former to establish
and secure them, will not be disputed. It is
the jurisdiction over persons, and not the dis
position of property, which we are now in
vestigating.
A succinct review of the treaties with the
Clierokces becomes necessary, hut in making
it, we place out of view the treaty of Hope
well, negotiated in 1765.
It never established a peace, nor in fact,
was it executed. It was succeeded by open
hostilities, which continued with various suc
cess for some years, and by which its obliga
tions were in fact impaired, if not destroyed.
The treaty of Holston of 1731, wa3 evident
ly intended as a substitute for the previous
treaty of Hopewell. The latter is not men
tioned nor alluded to. It is clearly taken far
granted, that its stipulations have ceased,
and such of them,as arc acceptable to the par
ties,art' incorporated into the new compact.—' r
This will appear by a comparison of the tuff
treatie§.