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THE CONSTITUTION AEI HT> WJ
' BY GIIIEU & THOMPSON. 18
i , i- !"■ - r «==-•==s=r-===r ■ ■ a V
or Tine i.avv m i us i'Witkp «tatk«. j.j
=== t&- TE R MS. —TK I-W EE KL V PAPER, per an
num, hix dollars; for tho Weekly (containing (won-
culuinns) throe dollars—all payable in ad*
V *QCrA DVERTI9E HE STS inserted ot Charlca- m
ton prices. Postart must fit paid on all comma- !>;
nicotian* and teller s of hutine.ni. p,
THE PUBLIC FINANCES. p
—1
REM AUKS OF MR. CAMBUELENG, I
Os KRW YORK. I
In the House of Repreunlatitet , June, 1833 \
On the bill to modify and repeal certain pro- ,
vision* of the deposits act of June, 1(339.
Mr. CAMBRELENG said that, al hn earlier
period of the session, he would have moved to
refer the bill to the Committee of Ways and
Means, lie should have preferred adding Home
of the salutary provisions,of the Sub-Treasury
hill, restricting public otliecrs, prescribing their
duties, ami protecting the revenue by additional
guards. Bui the mere proposition of any of the
sections of that hill, he was sure, would alarm
gentlemen, and product debate, and there was
i,o time now to hear denunciations or discuss
amendments.
Ho thought the hill ought to he acceptable io
1k»11i sides of the House. The first section re
moved llio restriction in the act of 1*3(1, on the
receipt of the notes of hanks issuing notes of a
less denomination than five doilais since the -Itb
of July, l*3?i, and placed the. hanks which had
renamed specie payments on a fouling wtih the
Hank of the United Slates and other banks
which had resisted the resumption. The second
section projK>so<i to repeal Iho provision of the
same art, ( stahlisliing thu State hank deposits
system, which had licon, so far n« that system
was concerned, rendered more nullities by the
general suspension of specie payments; which
event brought into operation other provisions of
that act, the last of which placed the public mo
ney id the keeping of the Treasurer of the Uni
ted Slates, according to the act of 17tt'J.
If-; was ala loss to discover what part of the
dcposilu act of June, worth struggling for
or against, remained to produce ho much excite,
inenl on either side. The law prohibits the He
cretary from employing almost every hank in
the Union, and whether the Slate hank dcposile
provisions are repealed or not, llio (fleet will ho
essentially the same. The first section mak s
it “the duly of the Secretary of the Treasury to
select, as soon as may he practicable, and em
ploy us the depositories of the money of the 1 Ini
led Stales, Hindi of the hanks incorporated by the
several Stales, by Congress for the District of
Columbia, or by the legislative Councils of the
respective Ten dories for these Territories, as
may he located at, adjacent or convenient to,
the points or places at which the rcvonucu may
be collected or disbursed," etc.
The hanks then employed were to be continued
os depositories. Once employed, the Socrcvsry
was not authorized to discontinue them as de.
positorios, or to withdraw lint public money fiom
their keeping, unless, us provided for in the
eighth section, “any one of said hanks shall fail
or refuse to perform any of said duties as pre
scribed by this act, and stipulated to he perform
ed by its contract; or if nnij of said hanks shall
at any time refuse to pm/ tin own notes in specie
if demanded; or shall fail to keep in its vuiilin
such an amount of specie us shall he required by
the Secretary of the Treasury, mid shall he, in
Jus opinion, neccNsnry to render the said hank a
safe depository of the public moneys, having due
regard to the nature of the business transacted
by the batik.”
This cane mirxpcctly occurred in May, 1' 37,
and this section further and expressly provides
that “in any and every stlc.h case,// ahull Ac the
duty of the Secretary of the Treasury to discon
tinue any ouch hunk as i depositary, and with
draw from it the public moneys winch it may
liold on deposite at the liuir ol such discontinu
ance. And in ease of the discontinuance of any
of said hanks, it shall he the duly of the Secreta
ry of the Treasury to report to (lungress inimedi.
aiely if in session, and if not in s< non, then at.
the commencement of it* next session, (he facts
and reasons which havu induced such dmconliii
us nee.”
The late deposit*! hanks have fuifeited their
right to he employed as depositories of tin* public
money. The Secretary has discontinued them
as such, and, in September last, reported to (Am
gross. 11 is ant Inn ity under this act, as it re.
spects these banks, is exhausted. The power
has returned to the source from whence it was
derived—the Congress of the United States;
and it now rests with that branch of the Govern,
incut to determine what measures, if any al all,
alia 11 be adopted in regard to them. There is
no provision whatever in the Deposito act of
1830, which authorizes llio Secretary ol the
Treasury to employ any midi hunk, under that
act, as a depository ol* the public money. I s
repeal cannot, therefore,in any manner ailed the
late dcposile hunks.
Far from being authorized to employ, under
tins net, those hunks, tin* sumo section provides
dial “in ease of the discontinuance of any ofsaid
hanks us a place of deposito of the public money
for any of the causes hereinbefore provided, it
shall hr lawful for (hr Secretary of Ihr Treasury
to deposit? the money thus withdrawn in some oth
er bank of depusitv already selected, or to select
same other bank as a place of deposits, upon the
tonus and conditions prescribed by this act.”—
The condition of the hunks of this country run
dorod this provision a nullity. The Secretary
found it impracticable to execute the law and
place the money in other hanks of dcposile; for
the Jitlh section ot'the snnio act expressly pro
hihited him from selecting or continuing any
bank “as a place of deposito of the money which
shall not redeem its notes and bills, on demand,
in specie,” or “which shall, after the I th of Ju
ly, in the year one thousand eight hundred and
thirty-six , issue or pay out any note, or bill of a
less denomination than five dollars.”
These two provisions excluded every hank in
the United Stales, from Canada to Texas, or
llio Atlantic and Gulf of Mexico, and especially
at all the great points where our revenue was
collected. A hank or two in the interior, and a
savings banks, may have escaped the prohibition.
It would, however, ho clitficiill to find in any
State in die Union any bank, though it may not
have suspended specie payments, issued notes or
hills under live dollars, or may not have boon a
bank of issue at all, which did not “ pay out”
during (ho suspension, the notes or bills of other
banks or corporations of a loos denomination than
five dollars. The Secretary of die Treasury is
consequently, by these restrictions, prohibited
from employing almost every hank in the Union,
and it is not easy to perceive what interest they
have in resisting the proposed repeal of the de
posile act of 183(1
But, mi, 1 have now to refer to another, and
by far (ho most important, provision of the act
of 1830, especially as it regards the power of the
Secretary of the Treasury over die public money,
and the employment hereafter of any bank not
already employed under the provisions of the act.
Under die provisions already referred to, the Sc.
crotary was authorized to select deposite banks,
to discontinue them, to report to C ongress his
reasons for such discontinuance, and to placj
the public money in other banks. These duties
have all been discharged except the last, and
dial was wholly impracticable. Hero the power
of the Secretary of the Treasury under the act
ot Juno, 1830, was exhausted. Another provt
sion, being the last clause of the eighth and
same section, look effect, and transferred die
keeping of the public money to the Treasurer of
tlie United States in the following words :
“ In default of any bank to receive such do
positc, the money thus withdrawn shall be kept
by the Treasurer of the United States, accord
ing to the laws now in force , and shall be subject
to be disbursed according to law”
This provision of tlio act of 1830, has been
executed ; the public money is in the custody of
the Treasurer “ according to the laws now in
force,” ami is “disbursed according to law.”—
Such is Uio end of the deposito act of ]B3G, so
far as it regards the now or of the Secretary of
the Treasury to employ State banks, under dial
act, as depositories of the public money. The
act of 1789, the foundation of the Sub-Trcasurv
System id' collecting, keeping, and disbursing '
the public revenue, is revived and confirmed by 1
the act of 1536; and until Congress repeals that £
provision, ami the act of 1789, they must re- t
main the Jaw of the land. The power of the I
Secretary of the Treasury relates to the “col* l
return,” not to 11.0 ‘'keeping,” of the public I 1
ioney, which is given, by the act of l ibJ, to \ t
he Treasurer. That act became the law in t
837, when the provision referred to, took effect; 1 t
,nd the Secretary has no power to set it aside. I
lo cannot, by mere construction, undo what ■
lM been done according to law, and lake the I
from the keeping of the Treasurer I
Slates, deposite it with banka, and
State bank system. This 1
HiwciVkv real* exclusively with Congress. It j
)ank« arc hereafter to be employed lor any pur
pone, the authority must be found in the neve,
ral powers given underacts which were in force
prior to the existence of the dcposile law ot
183*1. Thin in, and must remain, the law of the
land, and t o 44 lamentation* here or elsewhere,
to excite alarms for parly purposes, can change
it. It depend* upon no veto, nor in any man
ner upon the will of the President or of the Se
cretary of the Treasury. They arc bound to ex
ecule the law, end dare not diaobey it. The
Hub-TrcaMiry, or the collection, keeping, and
disbursement of llio public money by our own
officers, must continue, till our existing laws arc
modified or repealed.
What prospect is there of any modification of
our financial Jaws—of onr concurrence in any
new plan for collecting, keeping, and disbursing
the public revenue? None, sir. 'I he two Houses
arc al variance, and a majority even here can
not agree on any plan whatever, ihe National
Rank, Sum bank, and special dopositc system,
have he*.n each and all rep ctcd. The Sub-Trca-
Hury ih undoubtedly the strongest measure lieic
and abroad. Whenever and wherever an issue
may he made between that mid any one of the
various plans proposed, it will be ultimately tri
umphant. There is, however, hut one issue be
tween parties, and tbJt in, whether wo shall cm*
ploy agents who hold their offices under the an*
llionty of, and are responsible to, the people; or
others, responsible alone lo stockholders, from
whom they derive their appointments; whether
our public money shall he devoted to public use,
or surrendered lo hanks to add to their profits
and embarrass trade, 'flic issue in now, as it lias
been, and will hr, whether we shall confide in a
Government «f our own choice, or submit the ad.
miriiHtralioii of our affairs to the dominion ot a
National Hank.
Until this great issue is decided, wo must have
Home system; and as wo cannot concur in the
principles or details of any other plan, we must
submit to the lawn as they arc. By the failure
of the Stale bank deposito system, and the nnlli
li al ion of that law, we have returned I** the eon.
i.titutiotial point from whence we started; and
1 ail that is now required, are judicious laws for
* regulating the duiicsofour public officers, anil
mote perfect ly guarding onr revenue. Whether
the di posit.i! portion of the act ol I*3h ho or ho
not renenlcd, is not material. ’I lie only impor
tant provision now in existence, and which hat*
superseded the others, is the hint clause of the
Hih hi etion ol the net, which puts aside hanks an
the keepers and disbursers ot the public money;
and, dropping all future intervention of the Sc.
cic'ary of the Treasury under that act, express
ly directs that the public money “shall he kept
by tin! Treasurer of the United Slates according
to the laws now [tlien] in force, and shall be sub
-1 jeel to he dishorned according to law.” It tin
twelve aeetions were repealed, the revenue wouli
I he collected, kept, ami disbursed “according ti
the laws in force” prior to the passage of the de
* posilo act; arnhif they are not repealed, the sum
la wh are in operation.
r - 'flip net of IS3<; clothes the Secretary of th
s Trerouiry with no nnllionly to revive ihe nynteii
y then proposed. I (in power* are prescribed in lie
i net; he fins discharged hi* duties under it, mid ex
, Imunird hi* authority. If o e.innol revoke llio hit
eundilion of (hut mi, nor enn ho revive itn provi
j sion* without new mid expressauthority from Con
Kress. If thou© pro\i*ioris lire not superseded an*
extinguirdied, ihui oflieer would ut ibis momen
. pohM'hs extraordinary powers. By the first sccliut
i of the net, it h made llio duty of llio Secretary n
r M'lerl hunks “adjacent or convenient to the iiointi
or places ut wlileli llio revenues may bo colfcelet
or ilixbnrMMl ; nnd in I bona Stales, Territories u
Bistro I - i*( which there are no hunks, or (7i uhu.
y iii bank inn be ein/ilo'/nl os n dipnoi ft bank, mu
•* within which llio public colleetioiiß or disburse
y menu require a depository, Ihe said Secretary mo
t- mnkenrningcmrnfs with a hunk orhanhs in smneuthf
j. Stale , 'Territory or Jhslrii t, to establish an agency a
I agencies, in the States, ‘'Territories or Districts s
H destitute of hanks, as banks of deposite; and to ri
vcive through such ugt ncy sin h deposited of the inddi
'' money us may he directed lo he made al llio point
demounted, ami to make such disbursements us (h
1 public set vice may require ul those points.
' W lint w mill have boon ll»e operation of this net
u lion hnl lor llio la.- 1 eluiiHe of die eighth section ? *
i what would it he if the Secretary eotild now roviv
the ml? It is Hidd that a low hunks, amongolhei
r llio Bunk of Missouri und llio Bunk of U lierlinj
H bus e not v oluted llio provi.-ions of t lint net, thong
1 doubt whether they haw not “paid out" llio hill
* or notes of other hunk* or corporations of u let
•* demiiiiiimtion lli.in five dollurs. But, niipposoeillo
I. of I In*m* hunk* hud not, under Htieh u l onsirnetioi
h it would Imve been, and would still be, tin* Seen
f lary's doty to make arrangementh with the Ban
of Wheeling, or ol .Missouri, to establish ageneie
I throughout (be Union to receive and disburse (li
H public money. If stu b ho the true construction o
llio net, it Would bo In* duty to make arrangement
J with sonm one of the new freetrade hanks in Nov
\ ork to eslahlish agem ies in almost every Slat'
r in tin* Union. But snefi is not tho law. The cas*
provided lor in th*' net of HUG has occurred. Be
I posilo I links coming within ail tho provisions of ilia
, act were not to ho found, and the public money ha
' gone, according to the last and express condition n
that act, into tne cn.-tody of the Treasurer of th
I I idled States. It cannot ho drawn from the depot
nones, created under the act of I7d'.t, to ho plaee<
I in hanks, undi*r the dcposile mi of IS’Jti, the forme
* having MipersetliMl the latter in all tin* etilloeliui
districts tliroughoiit tho I mon, with very few ex
(options. I mil the law is chanced, the deposite
hum he made under I lie nnllionly of “the laws i
' foreo” prior lo the existence of the act of JuiU
1 183(1.
So far. then, as it regards tho question of ro\i
ving a State hank deposite system, it is not ver
material whether the first twidvo seclionsofthe ue
, of iH3ti he repealed or iml. With the exeeptioi
of a very few districts, where little revenue is col
’ IccUml, the depositories are all established unde
| the laws in force prior to the act of |H3t», and if tin
remnant ol tho act were repealed, wo should have
as w o ought, ono sy stem I r (he w hole I nioti.
The first section of the hill is more important. I
removes the restriction on tin* receipt of the note;
ol hanks w hich liavo, since Ihe (th of July, li»3o
issued notes of a less denomination than live dol
lars. There is, under existing circumstances, at
obvious propriety in removing the discrimiuutioi
w Inch now exists.
The notes ofhanks which have zealously Inhere*
to resume specie payments, cannot ho received it
payment of public dues, while those of the Haul
of the United States ami of other banks, wind
have undormly resisted tho resumption, would h*
received. U Imtevcr opinion may he entertained
of the receipt of bunk notes of any denomination
all such discrimination should, for the present, bt
removcd. NN c can agree on this point, if wo cun
not concur in any judicious financial plan. The
next moat important measure for the public B mi
adjournment. \N hen this session ceases, wo shall
m*t ho di'turhcd by ridiculous alarm about the
Sub-Treasury, spread abroad by those who never
i cud a section ot the bill. It in how in operation
and the longer wo try it the bettor shall w o appro’
ctulo its(impheity and economy. No other mm
tom can relievo trade trom an embarrassing omi
noction withti xenmieut, und reader our Treasury
independent ol hanks.
[From the Mobile U.enminer.]
THE STATE RIGHTS PARTY.
, Tlie position which this purly occupies in the
South is ono of great rospoubility, uiu| peculiar
delicacy. It was originally organized upon cor.
root principles—llio dcmocratiu dootrincs of ’i)B
—hnl ill llio sliirting of parlies it hcoamc allied,
for u ti.no, with those wlio arc tho most violent
opponents of those doctrines. Wo will not say
that in this llio parly was inconsistent, for wo
do not think it w.is. It thought somoni'tho acts
of llio hilo administration erroneous, and, of
course opposed thorn, thus identifyimr itself
paitially wjtli lhat parly whoso homl of union is
mdiscriminalo opposiiion to nil (ho ads of tho
Adininislration. lint the .Slate liights Parly
could never bo properly looked upon as a coni,
poncnl part of whiggery—though they were uni
led by opposiiion, they were distinct and sepa
rate ut principle, and aimed at very different re
suits. The sole object of the ono was the nos*
session of power, lhat oflho other the establish
mom of correct political doctrines, li could not
ho cat peeled that a union between masses so in
congruous would bo very closely cemented or
ot very great duration. S„ soon as those who
contended lor principle should find that it could
not be advanced by a longer councelion with
one party, but lhat it might he ultimately at
tamed bv acting with the oilier, they would not
and ought not, to hesitate upon tho proper course
to pursue. It is a matter of perfect indifference
lothc State Rights Party, whether the whin or
the democrats triumph; whether .Martin Van
Huron or Henry Clay be President; they regard of tl
ihemsclvta as distinct and separate from both* n
having objects peculiarly their own in view; and
the only question with them it* which party, oi
Which man will be most likely to carry oat their are
principles? They cannot appreciate that con- inc
Bistency which adheres to men, while it wandeis wh
i from principle; they cannot understand why of
1 their acting with particular men in order to oh- c
1 tain important ends, should bind them to con
-1 linue their support when tho success of those I»'
men would destroy the very object which first liu
induced the coalition. They opposed the »'*• l “
ministration because they thought the admims- cu
tratiofi opposed them; shall Ahey continue this vt
opposition, now that all the efforts of the a*.min- j w
iwlralion are directed to the cslahlishmcnt ol | w
their own favorite doctrines? This would 1101- th
iher bo honest nor consistent, and would mam- N
fewt a stupid and factious spirit, worthy of whig- t»;
gery, but unworlliy of tho JSlate Rights Parly of L
the South.
'I he principles of the administration are now
well defined and dearly understood—-it goes for c
a strict construction of the constitution —desires j k
to limit within the smallest possible sphere the t<
f action of tho general government —declares for tl
an entire non-interference with the peculiar at- s
r fairs of individuals, corporations, and Slates. P
* For these doctrines the State Rights Party have e
- always contended—and now that they are, in i
I tbcirlull. it extent, adopted l»y the adminihtrs- t
, lion, would it not be llie height of folly and in- t
- consistency, for that party to join with the oppo- t
c uilion to put them down? ®
i Os what i.< that opposition composed, and what I
3 have tho Stale Rights Party to hope from iu i
Mice ch ! It is formed of old Federalists, high •
tariff-men, abolitionists, and national hank’Mcs, c
all incorporated under the general name Whig. |
From the triumph of such a party, they can not i
r expect any good. They have no sympathies, or «
i common aim with either of the factions of which 1
r it is composed; andean only expect from an admi- '
, nistralion founded on such materials, determined /
s hostility to at! their leading tenets. A president H
h elected by the whig parly, would of course cu- i
i dcavor to keep that parly united, and this could t
only bo done, hy y ielding to Ihe wishes of it h
n different sections—and the principles of one and I
all are alike odious to tho Stale Rights Pally, j
o and to the whole South.
e Shall the party, then, oppose an administra
it lion which sustains its principles, and support a
c parly so utterly adverse to them? Would there
i- lie nnv propriety, consistency, hoivsly in sue.li a
i. course ' No. 'Pile Slate Riglils Parly will not
<1 forsake their principles, because those principles
>r are sustnined hy the administration; lin y will
d rather skze this as a favorable opportunity tosc
•r cure lor I hem, a glorious triuni|>!i and a perma
o nent cslahlishmcnt. Let those, then, who are
laboring lo divide the parly and unite a portion
s of it with whiggery, cease from their toil, for
c they may bo certain that no enlightened and
is consistent Stale right’s men will become their
f\ dupes and tools.
<• “ Why is it that so many of our most eminent
it American authors, romance writers and poets,
g adhere to the present administration? There is
!»• Washington Irving, Cooper, Bryant, Paul ling,
ie Fay, Willis amt a host of others who cling lo
Id the democratic ranks, while the great giants
lo among our s atemnen dissent, almost rn masse.
from the party in power.— N. O. Picayune
1,0 “Tho great giants among our statesmen!”
who an? they 7 Henry Clay, Daniel Webster,
10 Jonu Hell, and orator Wise ! These are the
most conspicuous among the dissenting giants,
,* x and compared to these John (■. Calhoun, John
i h t McLean, Edward Livingston, Felix Grundy,
u- and a hundred others an; mere pigmies! Let
n- the trutli he told at once. < >*i tho side of demo.
•d r.ratic principles is arrayed every eminent an
ul thor, every sound political economist, and every
statesman worthy of the name—in opposition is
t< to he found every ambitious and disappointed
,1 aspirant for the presidency .-every noisy third
or rato politician—and every scribbler that has
ih failed to obtain a livelihood hy the proper use of
id bis talents. The cause of democracy is that of
l( ‘" hunittiiiiy and civilization, is it wonderful, there.
fore, that it should enlist all the wise and good? I
irr ■
[From the \nlianal InlrlligencirA
™ TO THE EDITORS.
lit:
iim Messrs. (lAt.r.H A. Sexton: I will thank yon
he lo give die enclosed an early insertion m your
journal. With respect, 1 am, Ate,
c- J. C. CALHOUN.
or Wasiiinuton, July, 1838.
vo
" [kxcloskd in tub aboveJ
j, A friend has pul into my hands a speech of
Hh the honorable Mr. Dawson, on the hill making
>sh appropriations for the suppression of Indian hos
ier Lillies, and to carry into effect tho treaty with
,n » the Cherokee I ndians, and to provide tor their
removal, delivered on the .’list Slay last.
The following extract from the speech, refer
ho ring to the treaty of 1819, requires some notice
of on my part;
“This is not more assertion: I will demonstrate
" it. In lHl7.ii treaty was negotiated I* v Amir w
Jackson, (lulu President,) Joseph Me Minn, (for
rnerly Governor of Temiossee,) and General
,l David Meiivvclhor, as eoinmissioncrs on tiie part
us of the United Stales ; and the chiefs, hea Inn n,
of and warriors of the Mississippi, and tho depu-
I' l * lies of those on the Arkansas river. This treaty
was most fairly obtained, without the least ini
t,r ptita’ioii of fraud tiom any quarter, and was
ni uiiiinimou.il ts rat itied hy the Senate of the Uni
,x. toil Stales; hy which (Georgia would have a",
es quire,l nearly all tho lauds in the oe.eupancv of
iu the Cherokee tribe within her terriion.il limits,
,e » and the obligations of the United Stales would
have been fulfilled,
“ Mr. Chairman, the treatment of my State, in
relation lo (his very treaty, was so extraordinary,
~, unjust, mi l unfaithful, that 1 feel roust rained to
»l- ask a few moments indulgence, in presenting
er the taels to this body, that the Slate I represent
10 shall ho vindicated, an I the public mind di».
*’* abused of the misapprehensions so extensivelv
l ( prevailing. Lt mo read to the committee the
(>8 preamble to the treaty of IHI7, and I ask parti
,; t oular attention toil; (G vol. Luvs of the United
i|. States, p. 703.)
m •• • Whereas, in the autumn of the year one thou*
m sand eight hundred and eight,u deputation from the
upper and lower Cherokee towns, duly authorized
'd by their nation, went on to the tnynf \\ a.-hiiigion
in —the first named lo declare to the I'resideni olTho
•k I'lined States their anxious desire to engugo m the
h pursuits of agriculture ami civilized life m the conn
-10 try they then oeenpiod, and to make known to tho
d I ('resident of the United States, the impracticability
b ofindming the nation at large to do this, audio re
•e quest the establishment of u division line (ictween
‘ the upper and lower towns, so as to include all the
c waters of the lliwasseo river to the upper town;
u that hy thus contracting their society with in nar-
II row limits, they proposed lo begin the establishment
e of fixed laws and a regular government; the depu
■r lies from the lower tow ns to make know n their de
'» sire to continue the hunter life, and also the senr
city of game whore they then lived, and under those
circumstances their wUh to remove across (he Mis
»- sissippi river on some vacant lands of the United
}' States; And whereas the President of the Unit* d
States, after maturely considering tho petitions of
both parlies, on the 9lh day of January, A , D. one
thousand eight hundred and nine, including other j
subjects, answered those petitions as follows :
0 “* she I idled States, my children, are the friends !
’ of both parlies, and, as far as can be reasonably
asked, they are willing lo satisfy the wishes of both,
j Those who remain, may be assured of our patron
-8 age, our aid, and good neighborhood. ThoM» who
I, wish lo remove, are permitted to send nn exploring
t party to reconnoitre the country on the waters of
v the Arkansas and White rivers, and the higher up
t> the heller, as they will he the longer unapproiiehed
. by our settlements, which will begin at the mouths
of those rivers. The regular districts of the govern
[. men* of St. Louis, are already laid oil* to the St.
1 ! Francis.
4 ‘“When this party shall have found a tract of !
■ country suiting me emigrants, and not claimed by !
other Indians, we will arrange with them and you
the exchange of that for a just portion of the coun
try they leave, and to a pan of which, proporiionc I 1
to their numbers, they have a right Kvcry aid
towards their removal, and what will be necessary 1
for them there, w ill then be freely administered lo I
them; and when established in their new settle- t
monls, wo shall still consider them as our children, i
uive them the benefit of exchanging their peltries
for w hat they will want at our factories, and always
hold them firmly by the hand
“And whereas the Uhcrokecs, relying on tho pro- *
mises of the President of tho United States, «s r
above recited, did explore the country on the west
side of the .Mississippi, and made choice of the ll
country on the Arkansas and White rivers, and
settled themselves down upon the United States
lands, lo which no other tribe of Indians have any
just claim, and have duly notified the President of . a;
the United States thereof, and of their anxious de- Ia
sire for the full and complete ratification of his pro- b<
raise, and to that end, as notified by the President tu
ih.Uniud State., tmve .cnt onihctr ueDU
1 power to execute a ire.ty, rehnaui.hiog to the V
pied State, oil tho right, title, and tnterc. .to o« ,
nd» of right to them belonging, «* pan of the Ul- ,
kee nation, which they have left, and which the) ,
e about to leave, proportioned lo their nutn i .«r»,
eluding, with those now on the ‘
1)0 are about to remove thither, and lo a
r which they have an equal right, ogreeablj tu
icir numbers.”
“The ‘lower towns.’ who thus made known
ieir desire,.in the year 1808. to continue the
unler life, and also the scarcity ot game where
iit;y thou lived, and their wish, under those cir
umstances, lo remove across the Mississippi n-
on some vacant land ot the United btales,
vere chiefly that portion of the Cherokee tribe
vho were in the occupancy of the lands which
he United Stales were lo obtain for Georgia.
SolwithfcLanding this disposition of the India os
lo surrender their lands as early as low l.ie
United Slates did not embrace it, but, on the con
trary, abandoned her duly, and made no cllort
lo obtain the land until ibis treaty of 1817, which
extinguished the oeeupant right of the Cnero
koo Indians lo nearly all the landsicontcmpla
tod by the compact of 1802. Georgia now
thought herjusl rights were secured; and that
soon her forests would become fields, and her (
population increase. Notwithstanding these just
expectations, this treaty of 1817, against which
no allegation had been made of fraud or injus
tice, unless it was considered a fraud in the Lul
led Slates to comply with her contract, and to
have done an act of justice to Georgia, was,.by
* nicies of convention made between John L. Lai
honn, Secretary of War, being specially author
ized therefor hy the President ot tho United
Stales, ant Ihe chiefs ami headmen of the Cher
okee nation of Indians, duly authorized and cm
powered by said nation, at the city of Washing
ton, on tho 27th February, 1819. readjusted,
and, ho fur as the interest of Georgia was involv
ed, measurably abrogated, and, on its very face,
virtually declared that the United Stales did
not intend lo comply with the articles which
she was solemnly pledged to fulfil. Sir, let me
read to the committee the preamble ot this trea
ty;
‘“Whereas a greater part of the Cherokee nation
have expressed nn earnout desire lo remain on lids
m de nl'ihc Mi-si*hippi, and being desirous, in order
to commence those measures which they deem ne
cessary to the civilization and preservation of ihcir
nation, that iho treaty between llie United Slates
and iliem, signed the eighth of July, eighteen hun
dred and seventeen, might, without further delay,
or llie trouble or expense of taking the census, as
stipulated in tlie mid treaty, be finally adjusted,
have offered to rede to the United Stales a tract
of country at least ns extensive as that which they
probably are entitled lo tinder its provisions, the
ronlriKiii g parlies have agreed to and conclude the
following articles.’
“Thus, by this treaty, arrangements are made,
and measures adopted, by which llie Indian!
were to remain cast of the Mississippi, wiihir
the limits ol Georgia; and the treaty of 1817 it
be set aside, in the violation of I lie vested right)
<d Georgia under that treaty, and with rceklesi
disregard of the obligations of the compact.”
Whatever may have been the motive of the
honorable member, ho has done iik* great injus
tice, but!i in what lie has stated and what he ha.<
omitted Id stale, which il is the object of llii;
eoinmnniealion to correct. Tho assertion thai
“the treaty of 1817 extinguished llie oce.npan
right of the Cherokee Indians to nearly all tin
lands comprehended by tin* compact with Geor
gia,” that •* Ihe treaty of 1819 readjusted that o
1817,” and (but “it nn asnrubly abrogated it s«
far as Geoigia was involved,” «»r that “it virtu
ally declared that the United Stales did not in
lend to comply with her compact with Georgia,'
or that “ it set aside the treaty of 1817,” are des
liinte of any foundalioii.
If the honorable member had turned to tin
map of G ‘orgia, with tin* treaty of 1817 in hit
hands, before In! made these unfounded a«scr
lions, he would have ascertained, iu (he firs
place, that it ceded lo Georgia only a small por
lion of the Cherokee country within her borders
and if, after that, he had turned to the treaty o
IHI9, he would have (blind that il did not “ it.
adjust” a single article or provision of the treat)
of 1817, nor “abrogate it,” nor “measurably ab
rogale il,” nor “set it aside in the slightest par
lieular, so fir as the inter :hls ol Georgia or anj
other interests, was involved. So far from that
il made very considerable additions to the n s
sion made to Georgia by the treaty of ISI7, ai
the honorable member will find, if tie will ton
lo the map ul Georgia, with the two treaties it
his hands.
The honorable member hoc ins not to be in
formed, or lias, at lea t, omitted to state wba
was the object of the treaty of 1819. Ifhehai
turned to the treaty of 1817. and rea l il w ill
care, he would not have fallen into tho error h
has. He would have seen by |;k third and fourll
aili< les that the treaty of 1819 grew out of lha
ot 1817, and was simply intended lo carry (Ik s
two an idea into effect. They arc in the follow
ing words:
A rt. 3. It is also stipulated by the roritraetin
; parlies, that a census snail be taken oftliewlml
( hcrokco nation during the month of June,‘in th
year ol'our ls)r»l IHU», in the following manner, via
Flint llie census of those on the east side of th
Mississippi river, who declare their intention of* re
moving, shall bo taken by a commissioner appoint
ed by the President of the I nilod Mates, and
commissioner appointed by tho ('herokees on ih<
Arkansas river ; and the census of iho Cherokee
on the \rkansnM river, an I those removing there
and who at that linn* declare tboir intention of re
movin’; there, shall be taken hy u eommis>ione
appointed by tho President of the I mied St ne?
and one appointed hy the Cln rokocs eustoftb
Mississippi river.
Art I. The contracting parties do also nfipulat
that the annuity due from the United Sunes, to th
whole (’hcrokee nation fur the year 1818 is to In
divided between the two parts oftho n i ion, i
proportion to their numbers, agreeable to the stipe
bnions contained in tho third article oftbis treat)
and lo be eotuiinn d to be di vi»ledthereafter, in pr«
portion to their nmnhers, uml the latuh to hv twpoi
hour I mill surrendered to the I’uurl .State*' agruui
U>f to the aforesaid cunnn •atiun % u*tht ftmporltonol
part, agreeably to their nutn ';< •«, to whi n those wh
hare removed . and aho il. rhitt fhn intention to n:
move, have njnst right , int lading three wuh the land
ceded in the jirnt anti second articles of this treaty.
All that was required nmlei l!u»e arh. 1 wa
to ascertain the number that had emigrated u
Arkansas, and tin; number that remained, am
to obtain an additional cession from the Client
keen ofaiioll an extent as, being added lo tba
already made by the treaty ol 1817, wotil 1 malu
the portion of land ceded, compared to what wa
retained, correspond with the number of ,- m |
grants compared lo those remaining, and to <ii
vide the annuity between them in the same pro
portion. The treaty of 1817 was made in July
and, hy the 3.1 article, the supplemental treaij
( f °r mi h was that of 1810) waalo he made in tin
following June. The treaty of 1819 faithful!)
e.trrii doul these stipulations, without infringing
abrogating, rescinding, or. in any manner what
ever, impairing a single article of provision o
the treaty of Ihl7.
So far otherwise is the fact, that, Instead o;
closing (he supplemental treaty in June, 1818
us provided by the treaty of 1817, it was kept
open by various causes till February, 1819. |
took charge of the War Department in Decent,
her, 1817, and I found Gov. MeMinn, of Ten.
nessec, acting as the superintendent oflhc cmi.
grating Citorokcos. It was important to get oil
and enrol as many as possible for emigration,
before making the supplemental treaty. ° I c «u
tcredat once zealously into the subject, as the
records of lhc War ofiiec will show, and did all
1 could to increase the number of emigrants. I
continued lo urge on the emigration and enrol,
moot down to the time of making the supplemen
tal treaty, in February, 1819, thereby greatly
increasing llie number of emigrants, and, of
course, the extent of cession afterwards made.
'Ulie CherokiTS, in order to av id further delay,
maile the liberal offer to ee.de onc-third of ilieir
territory on this side of tin; Mississippi; which
was accepted, as well from its liberality as from
the desire to avoid the expense and trouble ..fla
king the census required by the. treaty of 1817.
The only question that remained was the part
to be ceded. 1 urged whli all my might that
the cession should bo mainly in Georgia; on the
double gromid that the United States were bound
by contract lo extinguish the Indian title in that
Stale as soon as it could ho done peaceably, and
that it would he for their benefit In the end, as
Georgia would never he satisfied so lon* as they
remained within her limits. After consulting
Mr. Crawford, I used my best efforts to fix on
the Etowah as the line, but found it impossible
to obtain, on the side of Georgia any other line
more favorable than that which was finally
igrecd on. The treaty of!817 made no slipu.
anon as to the location of the additional land to
je ceded; and of course it had to be done by mu
ual consent.
The honorable member has cited the pream
ble of the treaty of 1819. He docs n*t slate bis
object distinctly, but I suppose it was to prove
that it was incompatible with the compact with
Georgia lo give any countenance to the civili
zation of the Chcrokoes. If this was his object,
Ins censure ought not to fall on the treaty of
1819 but on tho original promise of Mr. Jeffor*
eon in 1809, out of which the treaty of 1817,
wish its supplemental treaty of 1819, grew. He
not only promised to those who remained, “ pa
tronnge, aid , and good neighborhood” out urged
them by the most persuasive language to betake
themselves to the pursuits of civilized life, as
the following extract from his speech will show.
Ext. act from Mr. Jefferson'* speech to the Cherohcet.
”1 understand, by the speeches which you have
delivered me, that there is a difference us disposi
tion among the people of both parts of your nation;
some of ihem desiring lo remain on their lamia, to
betake themselves to agriculture and the industrious
occupations of civilized life ; while oi hers, retaining
their attachment to the hunter’s life, and having lit
tle game on their present lands, are desirous lo re
move arms* the Mississippi, to some of the vacant
lands of the United Slates, where garnets abundant.
I am pica? cd to find mi many disposed to ensure,
by the cultivation of llto e-irih, u plentiful fcubna
len e to their families, ami to improve their minds
by education; but Ido not blame those who, lav
ing been brought up fr in their infancy lo llto pur
suit of game, desire still to follow it to distant coun
tries. I know how difficult it is for men to change
. their habits, in which they have been raised. '1 he
, ( nit* d Stairs, my children, urc the friends of both
parties, and, us lur as ran reasonably be asked, they
will be willing lo satisfy the wishes of both Those
who remain may be usstired of our patronage, our
uid, and good neighborhood.”
1 Now, I would submit to the honorable tnem
' her him-clf, whether the hare statement of the
* fact in the preamble of the treaty, that the great -
* er part of tire nation desired to slay, and do as
’ .Mr. JelF.Tson had advised them, was a virtual
' declaration that the United States did not in
) lend lo comply with their contract with Georgia?
I And if it was, whether Mr. Jefferson himself is
not lhe responsible parly ?
I have now given a statement of the facts
' oflhc case, ana leave it, with confidence, to all,
except the most biller and prejudiced partisans,
'* to determine whether the treaty of 1819, was so
f “extraordinary, unjust, and unfaithful,” as the
!. honorable member has asserted il to he ;or whe
,r tber il “set aside the treaty of I? 17, in viola
is lion of the vested riglils of Georgia ;” or whether
i- it “ measurably abrogated the treaty of 1817 ;”
nr declared that “ the United Slates did not in
j* tend to comply with ihoircontract with Georgia.”
• As to the motives, which the honorable member
.■ assigns in a subsequent part ot his speech, for
u. the treaty ot 1819, that the Government was in
ie debt and needed money, and therefore made the
cession in the other Stales, in preference Ic
f ‘* Georgia, because llie soil there belonged lo them.
,fi it is all pure fiction. Such a thought never once
' n entered my head, while negotiating the treaty
lo an ,j the honorable member sectriH to forget that
,H the Government has never, and will, probably.
«s never realize one rent from the ceded lands it
North Carolina or Tennessee. ’Flic former be
,e longed to tho Stale of North Carolina, and the
latter was covered by prior grants from the same
“s State.
Mv object is to correct, and to complain of the
a* mis-siateinenU of the honorable member; bu
1,1 il does seem to me, common justice required (U
>e say nothing of our former, shall I say polilica
relations) that, while he was arraigning my al
of l.rged political dements against Georgia, In
ought not to have forgot my merits. He ongh
•*- not lo have omitted lo inform the House and hi:
M * constituents, as an oflVett, at least, that I, when
*” he was holding up in ho censurable a light t<
:il - them fur the treaty of 1819, was tho author o
the plan for removing the Cherokee* and ail tin
*° South* ;rn tribes of Indians to the west of tlx
d* Mississippi, which has added so many millions o
r * fertile acres to the Slates of Georgia, Alabama
| Mississippi, Tennessee, and North Carolina, arn
,r * will, in a short lime, remove the last rcmaiu.no
G the aboriginal race beyond llteir limits.
°i As to the motive of the honorable member,
c - say nothing. I have never given any cause o
l y provocation for the uncalled for attack; miles
1 indeed, the misfortune of differing from him, oi
‘ r - the gn at question of the dav, maybe regards
•y as such. j. c. calhoun.
it, ■■■ ■■■■■—i !>■!■■■ i i ww.— nmm i -m inw
id A3
th BY AUTHORITY*]
at I.AWS OK TUB UNITED STATES PASSKD AT TIIR SF
•C CON 1) SESSION OK TIIE TWENTY-FIFTH CONOR CSS.
W-
[Pum.ic.—No. 38.)
„ c AN ACT authorizing the appointment of pci
)le sons to test the usefulness of inventions lo ini
lie prove and render safe tho boilers of steam En
IZ pines against explosions.
J lO He it enacted ht/ the Senate and House nf Jdr
it- P> < cental ires of the Hailed States of America
n iu ('augres* assembled. That tho President <
lie the United Slates be, and he hereby is, author
es sed to appoint three persons, one of’whom a
■e, least, sitail be a man of experience and prnclier
knowledge in the construction and me of tii
*‘ r steam engine, and the others, by reason of the!
attainments and mT hep, shall be compoten
judges of the usefulness of any invent ion design
ltp cd to delect the causes of explosion in the boil
ho or*; which said persons shall jointly examin
be any inventions made for the purpose of detectin'
in the cause, and preventing the explosion of boil
lll ' ers, I hat shall Ik? presented for their considera
Ibm; and if any one or mote of such invention
I)r or diHcoverii-s Justify in their judgment the ex
•a- penmen I, and the inventor des in s that iiis in ven
tie lion shall he subjected to the test, then the sail
ho persons may proceed and order *uch prepare
r,? * lions to be made, and sneli e.xjicriincn's to t><
tried, as in their judgment, may be necessary I
• determine the character and usefulncFs of air
as such invention.
HKC. 2. And he it further enacted. That tin
j sai I boaul sbali give notice of the lime and placi
‘jJj | °f their iiieel ing lo examine such inventions
as 1 the expt i nm nls to he tried, al such place asthej
s!»a i deem ittosi suitable and convenient for tin
]!' imrpuiic; a.i ! sliull mulic full r< jiurt us lliuir Uu
mgs tor mg ess it their next session.
Brc. J. be it further enacted. That l<
carry into eftect the foregoing objects, there he
,> and hereby is appropriated, out ofany money ii
]‘ ! t! V ' r,oasu, y 1,01 otherwise appropriated, the sun
y ol six thousand dollars; and so much thereof ai
L ' «* ,a ll he necessary for the above purposes shal
bo subject to the order ot the said board, and t<
defray such expctis -s as shall be incurred by tlicit
direction, including the sum of three humlret
'd dollars to each, for .his personal services and ( x
ponses: Provided, however. That the account*
** shall be settled at the ’1 rcasury in the same man
» ncr as those ot oilier public Agents.
l * JAMES K. POLK.
Speaker of the House of Representatives.
!: , RICHARD M. JOHNSON,
II Vice President of the United States, and
*’ President of the Senate,
i- Approved, June 28lh, 1838.
,1 M. VAN BURE.V.
} [Public.—No. 75.]
u 1 to proviJc tor the belter security of
u llie lives ot passengers on board ofve.suis pro
y pulled in whole or in part by steam.
1 Hr it enacted Ay the Senate and House nf Re.
'■ present,ilires nf the United Stales nf America in
• Congress assembled, Thai il shall be tho duly
r of all owners of steamboats, or vessels propelled
1 in whole or in part by steam, on or before the
1 first day of October, one thousand eight hundred
and thirty-eight, to make a now enrolment of
the same, under the existing laws oflhc United
; States, and takeout from the collector or survey.
; or of tho port, as tbo case may be, where such
vessel is enrolled, a new licence, under such con
unions as are imposed by law, and as shall be
imposed by this act.
Sec. a. And be il further enacted. That it
s.i ui not be lawful for the owner, master, or cap
tain of any steamboat or vessel propelled in whole
or in part by steam, to transport any goods, wares,
ami merchandize, or passengers, in or upon the
bays lakes, rivers, or oilier navigable waters of
j United States, from and after the said first
day of October, one thousand eight hundred and
thirty-eight, without having first obtained, from
the proper officer, a liccnso under the existing
laws, and without having complied with the con
ditions imposed by this act; and fur each and 1
every violation of this section, the owner or own
ers of said vessel shall forfeit and pay to the
United Slates the sura of five hundred dollars,
one-half for the use of the informer; and for
which sum or sums the steamboat or vessels so
engaged shall be liable, and may be seized and
proceeded against summarily, byway of libel, in
any district court of the United Slates having
jurisdiction of the offence.
Sec. 3. And be it further enacted , That it
shall be the duly of the district judge of the
United Stales, within whose district any ports
of entry or delivery may he, on the navigable
waters, bays, lakes, and rivers of the United
Stales, upon the application ot the master or
owner of any steam-boat or vessel propelled in
whole or in part by steam, to appoint, from time
lo lime, one or more persons skilled and com
petent to make inspections of such boats and
vessels, and of the boilers and machinery cm
ployed in the same, who shall not be interested
in the manufacture of steam engines, steamboat
boilers, or other machinery belonging to steam
vessels, whose duty it shall be lo make such
inspection when called upon fur that purpose,
, and to give to the owner or master of such boat,
or vessel duplicate certificates of such inspection;
1 pucli persons, before entering upon the duties cn
joined by this act, shall make and subscribe an
' uniii or affirmation before said district judge or
. other officer duly authorized to administer oaths,
! well, faithfully, and impartially lo execute and
> perform the services herein required of them.
Sec. 4. And be it further enacted , That the
! person or persons who shall he called upon lo
r inspect the bull of any steamboat or vessel, un
der the provisions of this act, shall, after a tho
* rough examination of the same, give to the
owner or master, as the case may be, a cerlifi
* cate, in which shall he stated the age of the
j said boat or vessel, when and where originally
built, and the length of lime the same has been
' running. And he or they shall also state whe
ther, n bis or their opinion, the said boat or ves
s sel is sound, and in all respects seaworthy, and
tit to he used for the transportation of freight or
* passengers; for which service, so performed
* upon each and every boat or vessel, the inspcc
’’ tors shall each he paid and allowed by said mas.
0 ter or owner applying such inspection, the sum
e of five dollars.
fcfjjc. 5. And be it further enacted. That the
u person orjiersuii* who shall be called upon lo
inspect the boilers and machinery of any steam
’ boat or vessel, under the provisions of this act
l ,* shall, after a thorough examination of they same,
make a certificate, in which he or they shall state
1 his or their opinion whether said boilers are
,r sound and fit for use, together with the ago of
!l the boilers; and duplicates thereof shall he de.
11 livened to the owner or master of such vessel, one
0 of which it sliall he the duly of the said master
’’ and owner lo deliver lo the collector or surveyor
v of the port whenever ho shall apply for a license,
’ or for a renewal of a license; the other he shall
1 cause to he posted up, and kept in some conspic.
v ’ nous part of said boat, for the information of the
1,1 public; and, for each and every inspection so
e * made, each of the said inspectors shall Iks paid
l( liy the said master or owner applying* the sum
of five dollars.
Sec. G. And he it farther enacted. That it
shall be the duly of the owners and masters of
steamboats to cause the inspection provided un
dcr the fourth section of this act to be made at
I least once in every twelve months; 1 and the ex.
animation required by the fifth section, at least
j * once in every six months; and deliver lo the col.
I lector or surveyor of the port where his boat or
vessel has been enrolled or licensed, I lie ecrlifi
cato of such inspection; and, on a failure thereof,
() j. he or they shall forfeit the license granted to
i( such boat or vessel, arid ho subject to the same
It penally as though he had run said boat or vcs.
o j. wed without having obtained such license, lo he
a recovered in like manner. And it shall he the
)( J duly of the owners and masters of the steamboats
o l» licensed in pursuance of the provision of this act
la employ on hoard of their respective boats *a
I competent number of experienced and skilful
or engineers, and, in ease of neglect lodo so, the
s said owners and masters shall he held responsi.
* n hie for all damages to the property or any pas.
>t j senger on hoard of any boat occasioned by an
explosion ofthc boiler or any derangement of the
mo engine or machinery of any boat.
Sec. 7. And he it fnrtherenacted, Thai when
ever the master of any boat nr vessel, or the per
son or persons charged with navigating said boat
or vessel, which is propelled in whole or in part
by steam, shall slop the motion or headway of
said boat or vessel, or when the said boat or vcs
sel shall he stopped for the purpose of discharge
ing or taking in cargo, fuel or passengers, he or
they shall open the safety-valve, so as to keep
the steam down in said boiler as near as practi
cable to what it is when the said boat or vessel
r . is under headway, under the penalty of two hun*
i. died dollars for each and every offence.
Sec. 8, And be it further enacted, That it
shall he the duty of lire owner and master of
r ’ every steam vessel engaged in the transports.
"* lion of freight nr passengers, at sea or on the
ll * hakes, Champlain, Ontario, Eric, Superior, and
, .Michigan, the tonnage of which vessel shall
'*• not. exceed two hundred tons, to provide and In
carry with Ibo said boat i r vessel, upon eacli
° tnd every voyage, two long-boats or yawls, raid*
ru of which frhall be competent to carry at. least
a . twenty persons; and where the tonnage of said
n vessel shall exceed two hundred tons, it shall be
" the duly of the owner and master lo proviso and
carry, ns aforesaid, not less than three long-boats
II °r yawls, of the same o» larger dimensions, and
f!* f° r every failure in the particulars, the said mas
-1 ‘ ter and owner shall foifcit and pay three hun
n(> died dollars.
if] £*c. 9. And he it further enacted, That it
, a shall be the duly of the master and owner of
,*, s ‘very steam vessel employed in either ofthc
lakes mentioned in the last section, or on the rca
* p to provide, a* a part of the necessary furniture,
j I a suet ion.hose and fire engine and hose suitable
„ u to be worked on said boat in ease of fire, and
|u , carry the same upon each and every voyage, in
11( £oo(l order; and that iron rods or chains shall
IV he employed and used in the navigation of al!
s eamhoais, instead of wheel or tiller ropes; and
i K . for a failure to do which, they, and eae.h of them,
... shall forfeit and pay the sum of three hundred
s . dollars.
id Iff- And he it further enacted. That it
•y "hall he the duty of the master and owner of
every steamboat, running between sunset and
o. sunrise, to carry one or more signal lights, that
may bo seen by other boats navigating the
to same waters, under the penally of two hundred
dollars.
in Sec. 11. .4m/ he if further enacted. That the
in penalties imposed by this art may be surd for
and recovered in the name of the Unied Stales,
dl in the district or circuit court of such district or
to ( circuit where the offence shall have been com
ir j milled, or forfeiture incurred, or in which the
■d owner or master of said vessel may reside, one.
v. hall to the use of the informer, and the other to
is the use of the United Stales; or the said penally
u. may he prosecuted for by indictment in either of
the said courts.
Sec. 12. And be it further enacted. That every
captain, engineer, pilot, or other person employ,
ed on board of any steamboat or vessel propelled
in whole or in part by steam, by whose miscon.
duct, negligence, or inattention lo his or their
) respective duties, the life or lives of any person
j or persons on hoard said vessel may be destroy -
I 'li shall he deemed guilty of manslaughter, and.
upon conviction thereof before any circuit court
>1 in the United Stales, sliall be sentenced to con
’* ffnernent al hard labor, for a period not more
than ten years.
Sec. 13. And he it further enacted , That in
u a ss suits and actions against proprietors of steam
boats, for injuries arising lo person or property
from the bursting ofthc boiler of any steamboat.
L or f lie collapse of a flue, or other injurious escape
. of steam, the fact of sujli bursting, collapse, or
1 injurious escape of steam, shall he taken as full
prima facie evidence, sufficient to charge the de
* fondant or those in his employment, with ncgli
-1 gcncc, until he shall show that no negligence
‘ has been committed by him or those in his ein
; ployment.
ArraovED, July 7lh, 1633.
ip ill-. I \DKKSIG\KD have formed a Co-
Jl partnership, and will do business under the
firm of.l. M. & \V. Adams. J. M. ADAMS
- July Iff. 1333. W. T. ADAMS.
After the Isih inst. we shall he prepared lo offer
lor sale (at the store now occupied bv Adams, Par
melee & Co.) a full assortment of GROCERIES.
Orders trom our friends will moot attention.
. , 1n J • M. & W. ADAMS.
July 10 G 9
ir tin
Read, Jul,, U, K 3333, befm ■|" c '
Suc,t 'U 11 Riohmoni C0,,,,-]*
o
'!'<■ lli’inks ~f Ihe .oriei v be , r iT - lIJ
Uhnrler for Irs trie,,life Pr / d
r;u».n upon ihe us
"i" 1 ">■■<« copy be reque.Jj.^Si^^Kui,
papers of Augusta.
1
■ It believed it,„ gr„, ( ™
. ,nadt,ln ourogriculiuralop-J,
cn.r iwo mobt perfect i-uliivaiiu,
1 are ,iipp.»r.| tu | mvc
a"m of nnpruveineiit W,„
j 1 b(?h,nd ,! ‘° a S e >n every iI,i II - reU r«B
) | Valion of the earth, the grr a
. i supports the human race, aih j W<J
. ; of animal existence. So
1 ofmo » desorv es his serious at!fu
- engnje his best exertions f„ r j U rr ‘,
contribute our mile lo thin preai'C'
motive which led to the fonna tott ?
1 fun,/ .Socif.fi/ of Richmond
who has uitnefse.l or oancnr.ce
j aspects of a well cultivated r. ll( ] , A \
r ‘ry. could hebitale to uhim , t;
j general knowledge of the princpe, SI,
and its improved operations. W.jj, ™
. writer lias hastily, (in the absence v
! port the Hoard of
the eij.cTiino:,
thing new, but with the h„ w b f
” ntieniion lo the best moilo of
- wheal, o-.ils, and grain of all f erm
1 pies which demand ami justify it.
’ 'l'hese three maxims hold
agi -nlinral operations
Ist. What is worth doing at al!
well.
c 2d. The best ploughing a crop get,,
r it receives before it is planted w. ■rate a
ir * J d. A crop well put in, blf H W«,
As a universal ride, the
I allowing the ground to be fertile
break it up well, having it soft and
c depth proportioned to the depth of v
next thing is the proper
of ihe seed. With regard lo the
the soil, as it is believed nil
j t sary operations, 1 shall say nothing,
t |- rr marks to llie dispoMlion and
seed, and the reasons for such
he given in icgard to these operation*
The ground should he
i,l and the surface pulverized to
I- two or three inches, before
will then lie more evenly and regular
without falling in masses into np*n
I. indentations in the surface, ilmi
° many seeds in one spot, while other
0 none at nil, or not their proper
seed sown should then bo rotmd
fi/owe,and the levelling process
will prevent the harrow from
from a ridge, on which they might
a adjoining hollow, where they
,1 be productive of abundant heads.
c great inequality of ihe surface, an
lion of (lie seed is supposed not
s. ferted, the harrowing siionld be
n opposite direction ; indeed, this
c would he well to repeat in all
harrow teeth are not too far apart,
i- placed in relation In each other at nr.
r * as, by a proper distribution, will
cupation of all llu* land, without
11 . which arc otherwise almost ineviiaHtd queat*
by crowding particular spots allow iheuj
moderate return of straw without pat
These remarks, it is hoped,
p They are designed to show, that it
i- procure an equal distribulkmofseed''- tftfli
1 which cannot he done, if sown
i* surface, and without double
the seeds which have fallen too many
it and into the furrow s made by the
>f row in the first operation of covering.
>- operation, if the harrow has teeth
each other, cuts the field in small
ff w Inch has its proportion *'f seed.
II having thrown on more thanuaa^s^^^H
0 r rhc next direction in the
j' the principal improvement depends,
t ‘ setd vhulhur, which cannot be done«
'l 'I he plough besides llirows the >e.-.l
r and although moat of the seed fall
,j di ptli ofthc furrow, yet manyn
s are thus covered so deep, th.U they ■
r| , ~in'* up, or rea. h the surface al
J - tlial its pasturage is already oeciiji.usyi^Hty..^
»• Iy competitors. Thus there is
the production of weaker plama,
it till they die, or lend u sirkly
>r without fruit or with an imperfect
(; more could he rationally expected
a common way of putting intlic naisrmp
’’ er scatters in the fall or spring, his
( j unploiighed surface of some ialh-a M
n by the year's rain and the feetolhu ' ’ggl
\\ finishes the slovenly process by once
Ji leaving ll niieven and cl »ddy, and me
,1 | ed by long shoes of tiic to ugh wrh* WPg
i, ! which it vv.il be very difficult
d The direction to t over shallot t*
should be more explicit, and forth.s
il may bo indicated as about the pr"P''
>f is the rule of Nature, but she w«“• .
d production of seeds, and inicml' m
1 cence so many of them lor the roDC
0 her creatures, that loi-s of
maternal intention, and an immense
i therefore, never covered by t *e
0 1 duction. These are either consume
or, exposed to the sun’s beat wl,! ‘
moisture, decay and are lost tom '
r process. Those, however, which are
’ naie, and are covered by the o‘ ,ima
any other accident, strike their rout*
1 face, and there alone enjoy the * )cne
lure, air, solar heal, and light, which
f tinl to their healthful and productive
Now w hat are the facts in this regal
i T If you examine the roots of any d ;
mentioned, you will find that those piat
1 most thrifty, whose gerniiuali**n took
the surface of the sail, while the
r plants have sprung from a depth of
1 • inches The latter continue weakly.
little or none, while the former throw
’ ul shoots from the root, and multiply
lion more than an hundred fold. The
, vered seeds are eight or ten days later# 1 dftgd
ing, and their further growth is delayed
i ply by the existence of stronger rivals
turage, but they stop when they
surface to lake tl.it start which Nature
for them pt first. Within on inchofff
they shoot forth new roots, and all
to the seed, shrivels and dies, so tha’*
plant depends alone for nourishment on
of organs, which il has developed in
the surface, where it can receive the
flucncc of these essential agents,
heat, and light. This process still f ar!
its taking a vigorous stand among
natc competitors, who were from the
more within the reach of those saluta y
Hut many’ of these deeply-covered see
able to send their shoots to the surface
perish below. And why? Because.
ing allowed only n certain quantity ®
ment for the embryo, that is exhauster
stalk reaches the surface, where
new and additional nutriment from the
The roots only form near the surface, t
give permanent nourishment to U» c * utu T