H'tor, it,ii
11
IULKIGII, (X. C.) FRIDAY, 3IAIICII-30, 1827.
Vol XVI JI.
ft
TIIK STAR,
.hd X.vlh-raro'ina Stale Gazette,
I'litild.cl, tUt, by
LAWilENCK h LEMAY.
TERM. ,Vrrr.o', three dl!jrs per an
mi,. No wt Jl be awii nhoul tlkut
JO It i in r1ne, n.l no nlK"r fUooa.
tinned, but at tlir oilifm illir FUotn, anlmall
nrrearR- ai-e n.ii.1. .1,hrtirmfnt; ri
fling GfWn lines, mvcrl.tt three tinw-t lor one
.loUar, nl rnlT-r- crm 11 c-- y
" iuc V'.l lrttrr to die etlrtort ma be ft-
vH.l-
a MSMS MS Sg
;i:OK(.U ANUTIIR t'XITED STATES
Qeutff Rebrernlativei Marck i, M27.
K-j.ort of the SfWt CoramHti, reUlnre to Ue
lii-orjMi eontroverrr, ooucluiM.
The right to regulate trad and inter
course with the Indians, wan oneif the
first Federal rights exercised after the
commencement of the Revolution. On
he 12th July, 1775, it wai resolved by
the Continental Congress, that Com
missioners be appointed by this Congress
to superintend Indian Affair on behalf
of these Colonies," and the Indians were
divided by the fame resolution into the
Northern, Middle, and Southern depart
ments. In the latter department the
Creek Indians were included.
IJv the articles of Confederation, Con-
tress had the exclusive power of making
treaties, at tnai lime, ami, u is ueneveu.
at aW times, the only mide, in lime of
peace, in which the relations with Indian
tribes have be"n conducted by the Unit
ed States. Congress had also the pow
er of " regulating trade, and managing
all affairs with the Indians, not members
of any of the States: Provided, that the
legislative right of any State, within its
own limits, be, hot infringed or violated."
This express proviso, and the proviso
implied in the words, not members of
nnv State," were the 'sources of much
embarrassment under the old Confede
ration. Georgia, particularly, claimed
Ilia right to tt eat with the Creek Indians
concerning peace, lands, and the other
objects that usually form. the matters of
Indian treaties; and, in order to estab
lish her right so to do, she, by the Treaty
of O .lphinton, in 1785, stipulated that
the Indians of the Creek Iation, were
" members of tlc State" of Georgia.
In what sense they could have been
' members of the State,?' this Commit
tee does not understand; and the right
of a State to enter into these treaties
with the Indians, was strenuously re
sisted by Congress. .
At length the Constitution was adop
ted. The treaty-making power was
again vested in the United States. A
treaty duly ratified became the supreme
law of the land, " any thing in the
Constitution or laws of any Stale to the
contrary notwithstanding." By the
Confederation, the powers of the Con
gress for regulating trade, and managing
affairs with the Indians, were limited
(as has just been observed) by the pro
viso " that the Legislative right of any
State, within its own limits, should not
be infringed or violated.'? No such
limitation is found in the Constitution of
the U. States. This omission was not
undesignedly made. It was one of the
changes expressly introduced, to pre
vent the continued collision of federal
and State powers, which had so long
existed, to the injury of the public'.
The gnnt of unqualified power to regu
late commerce with the Indians, the
exclusive right of repelling, by force,
their hostile encroachments, and the
exclusive power of treating, were ne
cessarily so many infringements upon
the jurisdiction 'of the individual States,
and upon the power of the State Legis
latures. If any authority.be wanted to
confirm these principles, it may be found
in the 42d number of the Federalist, a
paper writen by Mr. Madison. Com
paring the powers granted to Congress
by the present Constituiicn, with those
of the Confederation, ftWsays, The
regulation of commerce with die Indian
tribes is very properly unfettered from
tliose limitations in the Articles of Con;
federation, which render the provision
';3cure and contradictory. The power
is there restrained to Indians, not mem
bers of any State, and is" not to violate
' or infringe the Icgislaliv? right of any
Sta,te within its limits. What desci ip
tion of Indians are to be deemed mem
bers of a State, is not yet settled; and
has been a question of frequent per
plexity and contention in the Federal
Councils. And how the trade with the
Indians, not members of a State, yet
residing within its legislative jurisdic
tion, can be 'egulated by an external
authority, without so far intruding on
the internal richts of legislation, is ab
solutely incomprehensible. This is not
the only case in which the . Articles of
Confederation have inconsiderately en
deavored to accomplish impossibilities
to reconcile a partial sovereignty in the
Union, with a complete sovereignty. in
- the States: to subvert a mathematical
axiom by taking away a part and letting
me wnoie remain."
To the Constitution of the U. States,
thus designedly fiamed on these points.
Georgia became a party, and thereby
irftnfluished.if she prerioatle possessed
it, all P"cr to treat with the Indians,
amf all right to exclusive juritdicttou
over them. 0 t,
The powers conferred on the Gr-eraJ
Government, in reference to the Indian,
a"re to be viewed, not more as confetinf
authority, than as unjJying and imposing
burdens. Wilb their exclusive rights
in relation to the Indians, devolved on
the United States the great doty of de
fending the State against vage vi
olence. In the disrharge f this duty,
is laid the foundation of the Military
Establishment of the United States.
The first armies raised after the adop
tion of the Constitution, were for de
fence against the Indians. And in this
way, the older States of the Union, who
struggled in their infancy, alone and
unaided, against numerc and powerful
tribes of ravages, have been charged
with perhaps ihe greatest single item of
public expenditure, in the fulfilment of
the trust and duty of carrying on the
relations of the Union with the Indians.
Out the power and tbe burden must be
reciprocal, and the State which claims
the right, by uncontrolled legislation, of
causing n Indian war, cannot reasona
bly cll on ihe Union to sustain the bur
den of tarrying it on.
The first law regulating the inter
course with the Indian . passed alter
the adoption of the Constitution, was ap
proved July, 1790. After prohibiting
th Indian trade to all but licensed
persons, it gave to the President .the
power to make such order respecting the
tribes surrounded in their settlements by
the citizens of the United States, as to
secure an intercourse without license,
if he deem proper; and the same law
declared that no sale of Indian lands to
an individual or a State, whether having
the right of pre-emption or not, should
be valid, unless maue and executed at a
public treaty, held under the authority
of the United States. The duration of
this act was limited to two vears, and
another law was passed, approved 1st
March, 1793, by which the surveyingot
lands belonging to any Indian tribe, by
marking trees, or otherwise, was pro
hibited. All purchases and grants of
land, or claims and titles to land "not
made by a Treaty or Convention, en
tered into pursuant to the Constitution,'
were declared to "be without validity
in eqpity or law." This act, limited to
two years, was supplied by that ol May
19, 1796, by the first article of which the
Indian boundary line was declared and
defined from the mouth of the Cayahoga
river, on the lake brie, to tne St. Mary's.
At tftis time the Oconne formed the
boundary line between Georgia and the
Creeks. Jly this law, the prohibition of
surveys is specifically re-enacted, and
all right, title, and claim, of whatsoever
nature or kiml.juf persons settling or
surveying lands secured to Indians, bv
a Treaty, is vested in the united Mutes,
on conviction of the offender. This law
was limited to three years, and its
provisions were substantially re-enacted
by that of 3d March, 1799. By the
law' of SO'li March, 1802, the previous
legislation on this subject, was re
enacted, without limitation of time, ajid
has remained to the present day, ajid
still exists unrepealed.
It is not known to ihe Committee that,
until recentlv, either Georgia or any
other State, has, since the adoption of
the Constitution, esercised or claimed
right in- treat -yeAh .indsMMlfcn
.tt'rbKs of 'Indians; except by authority
anil consent oT the United states, or has
exercised ny act of legislation over
them, or has claimed to do any act or
thing forbidden by the law of 1802.
The Committee cislieve that the State
of Georgia-bas hot only acquiesced, un-
Hi laieiyr in me vaiiuny ui mis course
of Legislation, but' that her intelligent
and pwminent citizens have given it
their -express Sanction. Iji the talk of
Messrs Campbell and Merri wether, to
the Cherokees, in 1823, these gentlemen
say, " The sovereignty of the country
which you occupy fa considerable part
of which is in the State of Georgia is
in the United States alohe no State or
foreign Power can enter into, a treaty
or compact with you These privileges
have passed away.and your intercourse
is restricted exclusively to the United
States." In a letter dated March 10,
1824, addressed by the Georgia delega
tion of Senators and Representatives to
the Secretary, -of War, the Committee
understand the delegation to sav, that
the Cherokee are to be viewed as other
Indians, as persons suffered to reside
within the Territorial .limits , of theU
States, and subject to every restraint,
which the policy and power of the Gene
ral Government rtqmre to lehrrpoud oh
them, for' the interest of the fJnion; the
interest of a particular State, and their
o w n preservation . j1.,
Freih these consideration? the Com"
mitft' are brought to th conclusion
that the property ia and jurisdiction
verthe lan.k occupied by the Creeks ,
within the State 4r Georgia, are not
exclusively possessed by that State, but
re sui ject to the rights guarantied to
lb Creeks, or reserved to the United
States by the CmiAlitutioD of the United
States, by the compact of 180-2, by the
provisions of law, r by treaty.
It retbains only to ask, whether the
occupancy of the small portion of lands
now in controversy is reserved to the
Creek nation, and on what right Georgia
claims to survey it. V
Georgia claims the right to survey it.
under the treaty of the Indian Spiingi,
but the Committee are of opinion that
no right nor title coujd vest under that
treaty, foi the followingreasons, in brief:
Firtt. That treaty wa negotiated not
only contrary to instructions, but ou a
basis expressly forbidden by the Execu
u-j
tisJ
tive, when previously suomitted tor I
sanction.
Stcnudlij. The treaty at the Indian
Springs was concluded b) a party of the
Creek nation, not authorized by the
Creek nation to treat for thj ccst ion of
anv lands.
TJiitdty. The treaty was concluded
by a minority, not merely of the princi
pal Chiefs of the nation, but by a mi
nority ol the Chiefs present, and without
regaid to the protest of tlie Head Chiefs,
innde by their representative, both before
and at the moment of executing the
trea't.
Fourthly. Supposing the Commission
ers authorized, and the Chiefs empow
ered to treat, such authority and power
could, in no circumstances, extend be
yond a cession of the lands occupied by
the Chiefs treating, and loose who em
powered them; whereas, by the treaty
of the Indian Springs, a small party
assumed to themselves the right to cede
away nearly all the lands occupied by
the nation.
Fifthly. If the Creek nation was a
party( to the treaty of the Indian Springs,
then it has been declared null and void
by the two parties to it, viz. the United
States and the Creek nation; if the
Creek Ration was not a party to it, then
it is no treaty at all, for it purports on
its face to be negotiated with the Creek
nation.
For these reasons, on which the Com
mittee are prevented for want of time
from enlarging, they are .of opinion that,
by a treaty like that of the Indian
Springs, the Creek nation could not be
divested of its right of occupaacy, nor
Georgia vested with a rightof possession,
and that the lands West of the new
treaty line having never been ceded
away, are res rved to the Creek Indians '
by the treaty of Washington, and that!
the survey of them is coutrary to law.
The Commiliee, however, are hap
py to add, that the inconvenience re
sulting from this circumstance U much
less than was apprehended.
In a letter of Governor Troup, to
Messrs. Cobb and Berrien, dated 4th
May. 1826, it is stated that, "unless
all the sources of information here shall
prove erroneous and deceptive, the
State (if the lalidity of the new treaty
be admitted)' has. been .defrauded of
one million of acres ol her best lands."
15ut if the Western boundary of Geor-
were run, according to a rigorous
construction of the compact of 1802,
it would pass in some points La9tM)l
the Chattahouchie, and Urns give her a
boundary whjch she might ponsider less
advantageous than the line drawn by
hip tve,at.Y..a... ... awmngion. . ii the
Western boyndary line be . run ac
cording to Ihe.interpretation put upon
the compact oy uie commissioners oi
Alabama, it wimld leave Georgia less
than she ow '.claims. But granting
the eje parte line, rut) by the Georgia
Commissioners, to be the true estern
boundary of the State, the quantity of
u needed land, by the only computation
the Committee -has seen, is 198,632
acres,; and that of a poor quality, being
a' vx one ninety -eignjti. part oi tne
kr.ds, the Indian , title to which, the
United States, in 1802, -covenanted to
extinguish for Georgia, as soon as'it
could be done reasonably and peaceably.
. The small tiUantity of land in con
troversy, and its trifling value, render
it probable, that the Indians will agree
to, cede it. Mnasftiuch as the quantity
depends on the direction which the line
between Alabama and Georgia may
take, it were to be wished that this
line should be first run. It appears,
however, that the Executive from an
earnest desire to- meet .the wishes of
Georgia, has instructed the, agent to
urge the Creeks to a cession of the
fand East of the line, which Georgia
has established for herself. C.The pre
liminary steps for. this cession require
no aporopriationt and the Committee
deem h' inexpedient, by now. making
an appropriation Xor the final purchase,
either to; fix on an inadequate, or -an
unnecessarily large sum; - It 4 the
resuu oi wifv pesi vjew ,wnn. iu,c auhi
mittee have been able to like of the
subject, that li legulatiou wptolt is at
mis Hive necessary.
In -conclusion, tiio Committee teg
leave tm olierve, that they have fire n
to this important subject all the time
ayl attention they could command, at
this advanced stag of the session.
They have felt bow many great inter
ests are concerned in the Mihject. The
powers of the Union, and lb manner
in which they have bren exercised; the
rights and interests of, a sovereign
State, and the protection due from ihe
strong and ihe prosperous, to the feeble
remnant of a on t formidable race.
Notw ithstanding the rollUions of opi
nion, which can rarely be avoided where
6urh interests arc involved, the Com
mittee think it may with justice be
ave-red, . in the. general result.
while the Constitutional powers of the
United States have been averted.
the great objects desired by Georgia
have been attained, and the public
sentiment of the world has not been
disregarded, which requires a tender
ness and moderation, in disposing of
the rights or triose wboiu IVovidence
has placed, without the means of resist
ance, at our discretion.
Sugh are the views which (he Ctn-
tmtleJiad prepared themselves to sub
mit to theIIouse. IJy the message
and accompanying documents yester
day referred to Hie Committee, it ap
pears (if the Governor of Georgia cor
rectly represents tbe other authorities
anil I'eople ol the state) that the pros
pecf of a prompt ami amicable termi
nation of existing difficulties, is less
natterin- than had been honed. To '
.u i 4. r .i o . r t
the letter of the Secretary of War, in-
forming the Governor that the Presi
dent, in consequence of the remon
strance and appeal of the Indians,
would feel himself compelled, if neces
sary, to employ all the means under
his control to maintain theaith of the
nation, by carrying the treaty of Wash
ington into effect, the Governor has re
turned a direct defiance. Instead of
submitting the decision of the question
to the tribunal provided by the consti
tution, he has issued orders to the At
torney nd Solicitor General of the
State, to take all necessary and tegl
measures to effect the liberation of the
Surveyors, who may be arrested, un
der the authority of the Government
of the United' States; and has directed
them to onng to justice, by indictment
or otherwise, the officers of the United
States, or others concerned in arresting
the Surveyors, as violators of the neace
of Georgia. He nas ordered the Major
Generals ot two divisions ot Militia tp
hold the regiments and battalions within
their reactive commands, iq readiness
to repel any hostile ' invasion 'of the
Territory of Georgia; and he has de
clared, in substance, that he shall re
gard, the attempt of the U. States to
sustain the Indians by force, (which it
will become their sacred duty to do.
should all other means fail) in the oc
cupation of the lands reserved td. them
by the treaty of Washington, as an at
tack upon the Territory, the People
and the sovereignty of Georgia.' ' ' -The
Committee' will not take upon
themselves, to express any opinion on
the subject of counsels, so much to be
deplored. They have no apprehension
that the People of Georgia will engage
in violent collision with the Union, for
the purpose of sustaining-a title to a
small strip of barren land, acquired
unuer an insii uuient, wnitii, oy & very
large majority of ' the other House of
Congress, sanctioned by ah almost
unanimous vote of this House, has been'
declared "null and void',' If, how
ever, it is necessary to contemplate so
disastrous an event, the' Committee
trust the law of (he land will be main'
tamed, and its faith preserved invio
late. The Committee, recommend' the
adoption of tbe following resolutions:
Ketoivetl, That it is expedient to procure
cession of the Indian lands, in tbe Sue of
Georgia. - ,.';.''
Jtrtolved, That, until iuch a cession is
procured, the law of' the land, as set forth
in the treaty -of Washington, ought to be
maintained, by all necessary Constitutional
ltd, legal means.' V ' m .',
' POLlTjiCAt.
; From ihe Uiclimoni nquife(r ' ''.',
HlGNS OF THE TIMES, 1 "
TJie low of tbe printing- for he Senate of
the U. States, seems to have grtatly troiibled
the spirit of Mcisrs. fialts k Seaton.. They
nave losi incir wonieu eininmy vi icmjier,
and have forgotten the' courteous and dignifi
ed style in which they have usually written.
jrom tne comuiuea rcpeimon pi lueir long
and sorrowful lamentations we were led, a
few days since, to fear that our old riends
had really sufitred some cruel - wrong ot, u
tbry wished to have us believe, that some at
tempts were really making upon tU brst in
terest of our country.' W e have waited day
after day for some furtbet developementa
But all in vainl Some new not of madden
ed psssion only succeeds tbe last ', that died
upon the ear. Anger, revenge, hatred, jesl
ousy, "and all rfncbaritablcniW' but niiiiifle
their discordant soundssnd th reader dis.
(men after ait, rhat ifinJuntan knV ;
cttu uean i surfaced coeB
Ue C swtre mir readers tUl e d not
Uke otf lt pe ! rtter Ut r.T tlr.
eee,
It is worse tln fcb, K-om
In a mre. 'The, m Tk .... ..j
nun I
tWmsrtre oM frie. . A, and tu
ctmvuty in lh Hit imminent kt rcr And
if bold enana, hard names, and dinjreno.
wis rMTM-n4i, .pjin oni in loo, tbrr f,Mr
column, a day; il pew the feet, iber
have suocecwd m.....':..!. .
mam tM lit..
niooen mean t en
tmru and 0nre nit hour ancient friend, vrt.
m tlieae quiet limes ninee the crest larr'era
have d-fperd, and their Ion apercfee, bar
nearly a!l bee. pwbliahe ., w. m,,; nethan
be eacuaed by sch Of our readers M areftQ
of little amusement, ft making- a fr pa,
in remark on tbe - Sign fthtVimri
H e rreten4lo i tact m p.li ic.dolhmy.
tng. ha more tkao ope .Htmpted
omethin mttiarorayt and bavin AlUA Vm -marcona:deroiiraelveaaa
d were tale, K. .k
Senate th. other day. W. are eomnted
now, to jodg of th,: gt by tfcr ,nuy, ,!
by the mru of tlm. lf, occ.ri,n.llr, we
hould pomt m.r fingtrto a ponentou, in
we ber the reader to draw h..own imeetne,
and nit throw the repoiibilitv upon us. '
It it now clearly aacenainerf, (aod w r
orry at ucb an eipente to Mrwra. bales &
ScMon,j that there is a decuUd, .inoompro.
miaing m.jorrty in the Senate the co
ahlion. . bince " the unnrHnunl.rl : :n
.1.- 1 . """" "T
nrai iMieatiM Ot this -orginiaed opposi
should be ifiven at aurh a .ime and in ,
manner! tt is unfortunate, that this or
lion alioold hg,it pon the beads of
orpiniaed opposition"
urh a
ppoi-
"whose resort for the Sena., every man of
sense know." and in whU-h m . t j .
-....l -in . ' -'i in .
., .,r ncaiiowiefr," thattbry have
n.m. K..n . . .
X wl, ! .M".
!. -""v aiua, Knb( nrw, to have
Ueen unqoih and eourteou to all parties, ot
tename none mora . im.,;.. k-.i.:
ng none more sinned k. . "
pirantsor the day." than smning-aml e.pe-,
cially solicitous to itar,d well with ajf In
"" 5niesxnew-t mis was a vcrv unlink
cut. a individuals, we can mt, ,ncerelv
ympatuise. But the uiiscarriaee of th. A..
plumat,c politician, dte, M tucb eiaotioo.
Yet, one thiniru cleaf. that h..-. -
pect these gentlroe may have heretoforl
c..w:ila,nea ior me Senate, they hate retent
ly forgotten it in their hasty humor " Tho
evidence of tlutt want of respect is to bt found,
if we da not mistake, the meaning, Jthe foU
uwilj nipioiimuc, imelligencer-l.lce iftuendos
"AniiiajAtothemOTsures of a tovern,
ment when foende I upon principle, i' enti
tled to respect and ceWuknttion, even frons
'.t Ami"'tr'"' to which it is pi)OMd.
When founSed upon difgrent principles, (what
Afferent Kiaeipleirfv or ratht-r upon n pun
p M aJ!, ,lut tlna ofa- ombuiaUoitlattW -,
urn pouettitn tfthe efictt and patronaL'e of a "
government, it ,uil useful, became it makes .
the government look to public opinion." kc.
W,ouldtlie reader believe that 'these re
pectaMe Editom have become so devotedly
. . Auiuuiisiratioits, as to
subjoin to their inuendo, sod their mock
hberahty towards even an unprincipled op
posiiIon,.the following precious sentence:
Wejnust have good wM, however, be. .
fore' W E engage in au oppititun tt an exitting
admimttraUtn of the nature firtt above stated.
i -;'."""" iKtrr jmncijiufi j ana w r ne
ver will, under any eircumataiuv; engage in
one of the nature last descriht . ri..s
reatpnt,'' before you act upon pnncipteiioad
-tit-od Tpe tloiKiaof thin world are many.
tnank HVen'. Kessons'T And what eia
they the tij-n of here, ye political soothsayers?
What : u the reum Hal, jlhat " a man labors in
his vocation?" should he quit it whhout
iroen ,. The word reasons'! h-is more senses
than one, according o the Lexicons and law
books.' It sometimes means the "Consider?.
Uon! H whte! thing is done. ; And it msy
require m .the ayes oi the Editors of the N.
Intelligencer a tolerably strong nnntk.aiion
to induce them to abandon an existing at
ministratioii or a struggling Opposition, .
W ttust Jfi sober earnestness, that our
quondam friend of the Intelligencer Will not
attribute to us, any msbcious feeling towards
uiciiiseives, . vve ptive unitormly spoken t
them with grew cahdour, and with oil fxnti te
retpect; not, perhaps, with the uimott ptiiibre
retpecti for, tometimet there were particular
circumstances which forbad We have dif.
fered a little about men arid measures. ' : We,
seeking to act upon jWW,bave sometimes
found nut-selves with, and sometimes airainrt
W.4J 0 . 1 .. -. t r . . . k.j
c.winj- v7um.rurqVTu( ana ior ine fife Ot US.
we could not have given- any other "reason'?
for it. The National Intelligencer has, on the
contrary, leaned, from fts foundation,-in favoe
of every -f existing, Administration." The
reoton of this may be' founded in peculiar
circumstances, into which it is no matter of
ours now to enquire.:' - .. .f
" Among the Other mui.ing things which are -pourtrayed
by Uessr fiales & Beaton, in theip
" Signs of the . Times,V is the following. ' As
they were on the' spot, They could speak
knowingly, no doubt: f S '
With respect to the present administration
of the government, it will be remembered by
all w ho read this journal, that, at the time of
its Introduction to officet on its subsequent
Organisation and at a' later date, we . have
expressed our conviction that the election ot
the,4 President had Been honestly made, and
that the f reside nt bad acted wivtlg, and with
exclusive regard to the public intercut, and la
tne etreumttnneet of hit euctton,, n the ap
pointment of the ojTiceri, who preside ove
the differeht jdrpattmentt of the government,
and ; represent our - coontry abroad. Morp
recentlv. we have had nreakinn In uv 'tk,
Juffjfing the Sdminhtration by Its measures,
we ociicyea, ior any mnig tnai we could tee
that the election of (Tresident by tbe Hons
or nepresenutives resulted beneficially to the
country', there being We to typfpi than, to
disapprove in 'the measures of 'the ' jrrv
sienl... We have yet seen nothing to change) N
this opinion. ' Unwarped by party rge," -or
even by personal attachments; wholly un
connected with the executive administration -of
the ticneral Government; free-from any
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