u> aid, thai any such imputation will co&aututc a calumny. DEPOSITION OF MR. JOHNSON. Rtchartl M- Johnson, t Senator of the U. States from the >tate of K-niucky, appraicd before lit committee, was sworn, and testified as follows: Immediately after bteakfaM Friday morn'og, Governor O^rboui, Secretary of Wai, sent a messenger to my room with a request to come to his house, if convenient, without ('day; if not con venient, he Mould c?li at my room. I, without delay, went to his houst ; he in. formed me that lie wished to stale his conduct and proceeding relative to the charge which had been made against Mr. Calhoun by Mix; th?t I might see Mr. Calhoun, ai d, as a mutual liicnd, give h m the la< ?n in detail 1 heard what (i veinoi Harbour had to say, and then vent to the lodging of Mr. Calhoun. Colonel liayre of the S.-nute was pres?-ni. I told Mr. Cal houn that r. >v. B?i boor had requested me to cail dt) him, and explain the course he had taken in regar 1 to the charge aforesaid, lie Mas then bu?y in folding up an J seal.n,; some letter, which 1 presume was the one he direct' cd to the Speaker of the HouS - on the subject. 1 stated to Mr. Calhoun that e .v Barbour had been presrnted with the letter of Mx, l.y a Mr. Clark, making the char ge afore-aid; that upon reading the letter he came to the part which n.ade the ch?ige against Mr. Calnoun; that he, Gov. Baibour, told Mr. Clark, (hat he had no doubt that the charge was a base calumny against Mr. Calhoun. Mr Clark replied, that he uelicVed so likewise, and it was wuh a view to pres- nt Mix as making this fco5 ?-hargc, to oi-r- him unworthy of the confiJence of the Department, and therefore, should not obtain a cer tain Contrail for which he was thi-n the lowest bidder; and stared, that it he caul-? rnuke >ucha charge against Mr. Calhoun, r.e might make the same a. gainst him, c \ . Batbuur. Tuts a/as urged, as I understand, by Ciark, to have the pri. position of Mix lor the contract rejected? that l.c icques'ed Mr. Clark to leave the let er with him, that he might loo> over it, as he was also examining some other papers which made charges against Mix, showing him unworiby ol confidence; that in examining the papers aiutcd to, he found charges of such a character a gainst Mix, that, connected ?nh his charge aganst Mr. Caiboun, he had no hesitation in rejecting his proposals, although the lowest bid, a-, unwoithy rf the cui.fi'lcnce ol the Dcpartmen uofirnor B^tbour state.-4, that he un dertrtood thut some friends of his and ... k that it was worthy ol such const quern e or no. lice, and that, moreover, he feared thai he might insult the letlings of Mr. Cal houn by giving such serious iinpor. tance to the ct.argc, and in order to j wash his bands of the whole affair, he had returned the letter to Mr. Clark under covtrv&nd rejected the proposals of Mr. M x, upon the grounds alorc. said, that ho *va* onwoilhy of confi. dence and public trust, upon the -.'.round of this charge against Mr. Calhoun, us well as other infamous charges agiinst said Mix. I think it was the charge of forgery; and he hoped Mr. Calnoun knew turn too well to believe tnal he should lor a morm nt supple he was capable of acting in any May to give countenance to such a slander (.gainst him. I eommunirated in substance these facts to Mr. Calhoun, who. with out hesitation, said he he|tev?-d Govern or Barbour incapable of a des.gn to do him injustice in the c?->?, and a quitted him, as I understood, ol any wi?h 10 ?n jure him in this respect, by giving the least countciiancc to '.hecnaige a'oic said. Question by Mr. Clarke. ? Did you hold this convci satiun with the Vice President before lie made his commu nication to the House? Answer ? I did- It was the morning of the day, and before he made the communii ation to the 1 1 oust-. Question by Mr. Campbell. ? Did Mi- Calhoun, when yuu cal.ed on niin , speak of the publican ? ? in the I'noenix Gazette of the 28ih ol Dettmbti? li he did, what were his observation^ Answer. ? 1 do not recollect of hiv ing any otner conversation with him than that I have related. We did not go into* any detail in relation tothe pub lication Question by Mr. Wright ? At the lime you made the cominunicai ion to Mr. Calhoun at the request ol Govern, or Harbour, did he speak on the subject ol the Mix contract? And il so, relate what he said Answer.? - I do not recollect that he ??id a single word icspcciing the Mix contract. We entered into no detai ? My object wis single and identic al, viz. j to show him that Gov, Barbour hao ?cted honoiahly towaxls him' Upon ?a'isfying Mr. Calhoun on that subject, we had no further conversation; in fact, I talked and said nearly all that was Mid; end that I have related as oeaiJy aa i car. I Question by Mr. Wright? Have you I ?17 knowledge of any contract enured into in brha!f of the United State* by the War Department, in which he was ii? any way interested, or in the profit of which he participated? Answer? I never have; and I should be sorry to know or believe such a thing of him or any other man who has ever filled that Department, or ever will fill it, I have had a great deal of bustness with turn during his wli >le term of service, as th# agent, or rather Iriend, of army contractor*; and I say, that I believe he is a man ot as much in1 entity as any on earth. Q >6311011 by Mr. Ciarki ?? Hid you been informed by any persot , beh>re the publication of M'x's letter in the Phoenix Gazett?, that the said letter would ap|>e*ir there, and by whom were you so informed' Answer.? I never did know or hear n f the existence ot such a lc;tcr, until it was pubii. hed. Swum iu ami ?ubs<-tibed this 4th day of January 1827. RICiiAKD M. JOHNSON. 1'JiITF.D STATES AND GEORGIA. * j ExECVTIVK DCPAHTMr.VT, liKO. .>tiUeJgtriUr, 17th Frb. i*27. Sir? I reewtveu Uiis attonoox l?mii 1 L eut. Vinton, your Icttei ol the 29 h ' ult. and read wunin the satne hour hoin it and the <*opy of it as puOli->h?<| in the Na'ional Intel. i^cuci. r ot Hit 7h mat. No r^om was left to mistake the mean* in^ of this dispatcK ? Lient. Vii>t< n an nuunced himself in all inn eductni y note, a Copy o( which is herewith trans mitted, ;? the Aid of the Comaian.ii -g General; and you are sutlicicmv ex plicit as to the means by nhuli yu prnpt.se to rar y yi.ur resolution mt . eff ct. Thus the mlli ary chatsc'tr ?>| the menace is established, am! I am only at libcity to gi*e ton the defiance which ii merits. Vnu will distinctly unoeistand, therefore, that 1 iet*l it to oe my duty to re- is', to the utmost. any military attack wmeh the Government ot the Uni'e ; S.atcs snail mink proper to make on the tcuitniy, the people, or the sovcici^n y o1 Georgia, and all the measures uecessaty to the pertorin ance of thi* duty, accoiding to our lim ited means, ure m progiess. _ Fiom the first decisive act ot hostility, you will be consid< red and treated as a public enemy, and with thi less repugnance, j because you to whom we might const'* lunonally have appealed tor our own defence against invasion, are yourselves the irivadeis, and * hat i? more, the un blushing allies of the savages, whose | cause you have adapted. You have relerrcd roc for ihe rule of I niy coocuct to the T i city of VV ashing - | w?. iik?. ?>i oiitci ircuiiea> which nave received tnc constitutional I sanction is iimoi)^ the supieme laws of the land," and wmch the President is j therefore bound to c.?rry into efferr, '? by all the means ut.dcr hi ?? conrol." In turrt I take the liberty to relcr you to a Treaty of prior date, and prior ra'.ifi' anon, concluded at the Indian Springs, a copy of the proclamation of which under the sign manual of the President, I have the honor t<> enclose. On a companion of date*, the President may think proper to remind the Con gress that the old grant claims prefei ence of the new, and that when vtsed r'ghts have passed, the o'd 1 1 eat y . like the. old grant, has picLrcncc of the new. You have deemed it necessary to the personal safe'y ol Lieut. Vinton, to impose on him the injunction ot pro- 1 found secrecy, in th?s txecn'ion ol voor | orders, whilst you cause to be publish* i ed at Washington the ?ery instructions ] which disclose those ordeis and enjoin that secrecy, and which in fact readied this place by ih<: public p r in s even be fore L eut. Vinton had an opportunity to deliver your dispa.ch. You mistake the c 'in acter of the people ot (>eorgia ? -Offi f i ? of the IJ i;l . cd S' ate-', engaged in the performance o? meir |.?W'ul du ties have only to deport themselves a gentlemen, 10 find the gjine securiiy' and protection in tieorgia, as und r t he aegis of ths government at Washing ton. I have the honor in be your obehent , servant, ii M. l'KOUi'> lion, Jamts Darboi-r, j Sicnlary oj War. | r*t?VT|vr. l>?:i'*KTMr.VT, . | MilltdiftriUr, ntU I'ib. 1^27. I Oroi.RH), That the A'totncy and j Solicitors ( icncral of this Sate, in ev?.iy instance cl complaint made ol the ar rest of any suiveyoi, engaged in tin* survey ol the lately accented feuitoiy, by any civil pri. cess, under the anthoii ty ot the (toveromeni of the Unitc l States, do take <>l ncccs ary and legal measures to effect the liberation of ihe person so arrested, and to bring to jus tice ri'hcr by indicment or mherwmr the officers or parties concerned in such ai Testation as offenders against the laws and violators of the peace and per. sonal security ol the public officers and citizens m' this State ? That they give | prolessional advice and assistance in their defence against any prosecution or action which m*y he instituted a* gjinst them as < fTicera in the seivice ol the state, and that they promptly make known to this Department their acts and doings in the premise*. It is mote, over enjoined on trie civil magistrate* of this state, having competent juris **" 4 ????? ?l* t *?* ? ? i; diction of thfe saipa, aiding and ashling and enquiring tfito tfco cause of evcrjr such arrest or detention a* afore said, that the 'person may -he discharged forthwith if illegally or unfitly detain ed, and in affording sy^ch redress to the aggrieved or injured pa-ty as by la* he may be entitled to receive. By the Governor, E. H PIERCE, Src'y. HEAD QUARTERS, MUUJ^rriUf, 17 th Ft*. 18*7. OKDURS, The Major (Venerals commanding | the 6ih a;>d 7J> Divisions will immedi j atcly i>*sue orders to hold in rradiness J the -e^eial Regiments and Battalions I within their ?ey (he United S.ates with ilie Creek Indians, at a place called the l-i.lian b( i:: gs, by which certain lands wuc ceded m the U< iie?l Sij'es, which l;iy within the territory of Georgia. Hail i?"tl;incr prcveived this treaty Irom gMiti.- into eflVt, in September, 1826, to- ?e Uixls, pursuant to an agreement between Georgia and the United States, would nave heroine the letritnry of [ (tcoigia. But previous to the period assigned for this treat>Ts taking ? ffee*, lor reasons which are known to all the House, and wnich consisted chiefly of ?he dis*aiii'actiot> of a largo part of the Indian tube, which were one party to the treaty, and who complained that those who , negotiated fhe treaty were not duly authorized so lo d<>; a new treaty was formed)" the very first ani. cle of which declarer that the former treaty, made at the Indian Springs, was entirely annulled and done away. This is tlfe. point which the ?-vnt'e man in his statement seemed to Mr. w. to hive wholly omitted, and it Ccriainly a most important [xnut in tlic case now. The Claim now brought foiward and insisted cpori by Georgia, if he understood it, wat, that this first treaty, had the operation to vest the title of the land* then ceded, in the State of Georgia, and that the nullifies lion of this first trclty, ? Inch afterwards took place at Washh?gton, and formed th* 6r#t article in the treaty of Wash ington, could not, and did not have the effect to divest Georgia of the title to those lands. That, said Mr. W- is the question. It m?y cer'ainjy be a very grave question-** ques'ion of great moment, rcspccting which, I shall uut be in any hurry to give iny opinion. Now, thdi-is-the Georgia side of the question. The United States' side of the question it different. The United States' Government, on its part, cor. tend*, that the second treaty does annul the fi s'; that the pat s who made it had power to annul first treat): that by express term*, it is annulled, in eve ry section, clause, and article o! it; and that therefore there is no title in Geor gia to any lands n?? embraced within the new irca'y- Oti #j.is ground the Government of the United States was called upon to enforce this treaty, which was the law of the laad according to the prc-exi? many wotds, provides ois till ?1 v lor t hi-> ruse. Tn : State ol Georgia, by its consti tuted authorities, actii'g on ?b? ir ground of t (instruction, and tl.r.c>y III the lace of the second treaty, (whether rightfully or not I sh^ll not now aitr nij?t to decide,) sent their surveyors over that line, with ord< rs to survey the lands as per ain*ng to Georgia. The Creeks immediately calhd upon the United S ates to fulfil the yuaranty of protection ??ii>lainrd in the 14th annle ?.?f the treaty of Washington. Georgia proposes to maintain her suiveyofs by military force, arid lie Unred States, on the other hand, is culled upon by the. Indians to maintain t tic iaith of a tiei'y wi-h them.* This is a state of things deeply tn be regretted: a is re gretted by none more Ihan tnr. Ij.it, regretted or n-i?, that is the q-iekt on at issue. It is plain lhat if Georgia con siders lersf It called to ma>ntam her surveyors hy force, ar>d the United S'ates' Govt rnmefit considers itself called upon to msintnin the treaty by force, there must be a collision. FA MILY .tXOCJH, ~ ^ T N barrels and half bsrrolf, for sale by Ji R. L. COOK, Feb. |1 6j?? 3w A LIST OF C.ME9 itcidMd t*roe?, which ((iiti iiHi is reserved tor further consideration. Pilgrim L. Williams > Micajah Ricks and others, from ,Na>h. In Equity. Dill dismissed without costs. Miccjah Kicks v. Executors and I Legatees oi Rowland Williams* Irom Nail). In Equity., lute! locutory nr dei of the Court below revers-d. He- i I ferrcd to 'he Nlaster to take an account. I William Uyao *nd others v. the Ex ecutors and Trustees nf Mi.so Gnflio, from Johns' on. I ?> Equity- Curia ae approved of by the roaster ot this Court. Williatn Hughes v. Eustace Hunt and others, from Rock ingham. I *? L? quity. Injunction dissolved and Lnil C^nnssed with costs. Thomas Alston v Stephen Outer bridge, from I'rar.klin. In Equity. In junction made perpetual upom Ftmner to him, and surrendering possession. Jonathan Stephens v. Lilian J>nrs I from Cumberland. Judgment ot the j Superior Court affi nit-d. | .Toab Alexander v. J >hn B. Hotehin sor:? trom Ledcll. Judg.nctu ot ;hc Supeiior Court reversed, and new nial granted. John IIowcll v. Martin Elliott, appt. from Ru'.tierford. Judgment affirm Cd- - % Branch Collins v. Peter Porter, Ex 1 ecuior of Cader Collins, from Wake. In Equity. Referred to the Cleik to take an account, and report to ihv next term. John Neshittv. Hugh Montgotnc y's Ex'rs. Irom Rowan. In E'pi'y. Re u 1 red to the Clerk to take ait account ot Hit; consideration money, wi.h inter tst, up to tiic present time ? deducting the wgr interest. Jonathm Cheshire v. (i -nrgr |J(> ,r k ntneis, I ro in Rowan. I 1 Equity. Hill dismissed, urnli cost; , txcipi js to 'h co-aaof the widow, who p>>* her own. John Dick v Alien S;oktr and other , appt* irom Mon'uomery Judgment le v. William Dickson and C. M'Dowell, admrs. app??. from buike, Judgment of the Sup*ri?r Court reversed, and new trial grained. John Karrnr v. Philip Alston, Irom Chaham. Judgment of the Superior Court reversed, and new inal granted. W hilip Surdivant v. William S 01. divan'( Irom Halifax. InEqjty. He ftrieo to ihc Clerk to take an urc^ui t. Archibald Fagan v. Arthur Newsom, Irom Davidson, /'id^mrnt ol the Su pcrior Court rcversctf otld trew dial granted VniHaoi Meretij and wife V, D?\.J Bunting, ?en. from Sampwn. Judg ment of the Superior Cot r; iflirmed. Sarah B Carter v. Salomon Gri'fj, appt. from C*%*cll. Appeal diami>? cd. J"hn Shanburg' r, app?. ?. Alrxan dtrK, nnedy. it'mr. frr>n? Ju?'u I ment of the Supc ioi Court ; ffunitt' ? Role to set aside ?he nonsuit dt?rharj;t r. j Margaret M'Dor.ald v. Kenneth MurrhitoDi Imm Mo?re. Rule to ?ct tsi'te n r anil o hers, app's. v. the (I >v? rnor to the u->e of the Sta-c, from Wake. ? Judgment ol the Supc> Hor Cbun ?ffiuri prematurely. P -qii.il P. A>he v. Cape Fear Nsvi. nation Company, from Orange. In F* qoiiy. Sam*- Older. Child and C>arllar, whi^h hr had been Rood enoo(?b ? to lend Imn some tim-- previous. T&c ilortor did not rccollect of his having lent the money, but br?n^ a?vi'ed he had, ane the chfcngc for a three dollar bill. Upon examination tbe bill prov ed 10 be counterfeit. liar in Tex at ? Bv a passenger in a su am b"3' Irom Na'clmochrs, we 1 am th'i* nvo ac ions have Uui f tight in t'exat between 'be I'redonhn* aid I Mexicans, in hurl* ? I which tbe (orn ir I r I ^ i ni tbe victory. Ol iht; tirs.1 fight *t have no dt tails. The I a?t is sai ? t it have occurred on the 4 h of ill ? ? month, at ine i->wn of Nae-t.j5.J1.ci t*. Sinir 7o 01 80 Mfxicai>s l.avirga.* vaitccd on ;he village, tliey were 11. ct by about 40 Kred?nons, ?i o soon rout t-d their foe?, killing 4 and tvouf;dl"g ten of i hr M^x.can aoh'ttrn. Account* it orn Austin's settlement stated tbc people to lie about iqr.illv divided f, . r ? l'l ft'onians aid Sl?x" ic .ns. As, I. o" ever, 'he former tve?? the tnost ifji-y and volrn', ii * as t'i Miunl they take a!l the ao. tnoi iiy into their own hand*. A rJr!cuti* fiafiiT. j It ix r.'fiin ih ~y No. ?_'lai k, anil a variety of lainy riilniircd < "l??t s?? and fa niif*, ??f Sheppard'*, llui. ?><'?< an J other M. ? nufartori'-H; \aleneia, Toilenett, Marseilh ?, Silk, (.'ill Velvet, and other Vesting; oil if whirh Hill he made in the mont fnfhional''r *tyle, and from ten to fitV-en percent, low. f than they ran he ptirrhascd rlftrwhcrr iu the United State*. I.ik- wipo on ham}, a jv * nrral nn^ortment of I. men, MuhIih, anil I !ati liel Shirt* nnil I>iuwrrf, fanry anil ('lain Cia vatn, Stork*, Su*|>? ndrrn, Kr. Mr rehant ?? and other* visiting tlie nty, *il! find it to their advantage to rail and <*annno for thenwelyc*. Mt If, \i ? X JIM', ftriladclphia, Marrli 8 fv-tf A