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HP PLANS OF FAIR DELIGHTFUL PEACE, UNVVARP 0 BY PARTY RAGE, TO LIVE LIKE BROTHERS. THURSD AIT, ItI ARCH 31, 1332. HO. 20. PUULISWED EVKRY THURSDAY, 23 i0Tin. Carolina. L c Dotims per annum; one half in aTnce ho tlo not. eituer at me imc u ..U;,. or suhlsetnienily, give natke of the IvNh tThve the p .per dUcomtnued at the ex pirarion of their year, will b. prewtneaasd rmj? its continuance untilcontcrnxanded. 7inM. will be inserter ' rfm for a IVolIar ; anJ twenty-five cent for each subsequent publication: those .ter lentrth, in the me proportion.. number of insertions be not mnrked od 'ill h erint inued until oidereq out, and charged accordingly. MESSAGE From the President of ttie United States, in conl U.nee with a Reao'tttion of the Senate, nHd tH e tothe rxecution of the act to repul .t tr-,1i .and intercourse with the; Indian tribe mid to preseive peare on the frontiers, passe tb 59th-March, To the Senate of the United States: I have received your Resolution 01 the 15th instant, requesting me 'uoin- arm the Senate whether the provisions of .Hie act entitled ' An. act to regulate trade aid intercourse with the ltiaian inoes, and to preserve peace on uassed the 50th or March, iua, naveoeen tullv compiien wnn on uic paiLui mc rited States Government, and, if thej have not, that he inform the senate ot the reasons that have induced the Government to decliue the enforcement of said act and I novvt renlv to the same; I According to my views ot the act reicr- ed to, I am not aware ot any omission to carry into effect its provisions in relation to trade and intercourse with the Indian tribes, so far as their execution depended oa tne agency ennuueu 10 lu ii.ctuuic. The numerous provisions of that act, de ig;ned to secure to the Indians the peace able possession of their lands, mayjbe re duced, substantial ly to the foilowijng :- That citizens of the United States ;are re strained, under sufficient penalties, from entering upon the lands, for the purpose cf hunting thereon, or of settling tljiem, or of jrivinc; their hordes arid cattle the bene fit of a range upon theni, or of travelling through them without a written permission and that the President of the sUnited States is authorized to employ theimilfta- rv force of the country to secure the ob servance of these provisions. The autho rity to the President, however,' is notim perative. The language is, it shall be Ifewful for the President to take such mea- . i i i . & sures, ana to employ each military iorce, as he may judge necessary to remove from lands belonging to, or; secured by treaty to any Indian tribe, any citizen who shall jnake a settlement thereon." Bv the 19th section of this act, it is fravided that nothing in it, ishall be con strued to prevent any trade or intercourse with Indians livingon lands surrounded by settlements ef cjtizens of the United States and being within the ordinary jurisdicti on, of any of thel individual States." This provision I have interpreted as being pro- Ispecuve in us operation, anu as applica ble not only to Indian tribes whiph at the date of its passage were subject t the ju risdiction of anv State, ! but to such as al- 60 should thereafter become so. To this Canstructi&n of il meaftinc I havc-endea-yorcd to conform, and have taken no step inconsistent! with it. As soon, therefore, as the sovereign power u the State jof Geor gia was exercised, by an extension of he r jaws, throuchout.-hcT limits, and I had rc- eived information of ! . p-r- f -dr ivcre given tonhdraw trosn the State the troops which -had been Retailed t prevent iritrusion upon the Indian lands within it; and these orders were executed. ; The rea-"oas- which dictated them shall be frankly oiumuiiicated. " The principle recognized in the section last 'uoted was not for the first time then avowed. It is conformable to the uniform iractice of the Government before the adoption of the Constitution, and amounts to a distinct recognition by Congress, at hat early day, of the doctrine that that instrument had not varied the powers of Jha Federal Government over Indian af iaira from what they were under the arti cles of confederation. : It is not believed that there is a single instance in the legis lation ef the conntry in which tho Indians iave been regarded as possessing political figl)ts, independent of the control and au thority of the States within the limits of Hidi tiiay resided. As erly as the year 782, the journals of Congress will show that no ciaim of 'such a character was coun tt:iance4 by that.budyi In that year the PphcatierTof a triWof Indians residing nSouxCarolina to jiave certaj.a tracts oilatid iwhich had bsen reserved for their Jse in &at State secured, to them, free 11 ntr.iision, and without the right of auenaUug them, even with their own eon Jent, vas brought to the consideration of V ongr.ss by a report from the Secretary T ill. 1 IP rue. ... U' I J . i nn fno . i . . to the F.e niiv ot S.e;uth4;:itonna to take such measures ..'ti.n and secyxiir. of said trihss s neral Government naa tne power, in mefr relations with the Indians, to control or oppose the internal polity ofthe individua States of the Union : and if such was t:ie case tinder the articles of confederation, i the only question on the subject since must arise out of some more enlarged power or authority given to the General Government by the present Constitution.' Does any such exist ? Amongst the enumerated grants of the Constitution, that which relates to this subject is expressed inr these worjls : 44 Congress shall have power to regulate commerce with the Indian tribes." In the interpretation of this power, we ought cer tainly to be guided by what had been the practice ot the Government, & the mean ing which had been generally attached to the resolves of the old Congress, if the words used to convey it do not clearly im port a different one, as faras it affects tke ,. rt . ..... . . . T question oi jurisdiction in me moiviauai S'atcs. The States-ought not to be di- TV vested of any part of their antecedent ju nsdiction, bv implication or doubtful con struction. Tested by tliis rule, it seems to me to be unquestionable tnat tsie ju risdiction of the States is left untouched by this clause of the .Constitution, that it was designed to give to the General Government complete controul over tha the trade and intercourse of those Indians only who were not within the limits of any State. From a view of tlie acts referred to, and the uniform practice of the Government, it is manifest that, until recently, it has never been maintained that the right of jurisdiction by a State? over Indians With in it territory, was subordinate to the power of the Federal Government. That doctrine has not been enforced, nor even asserted, in any of the States of New-England, where tribes of Indians have resi ded, and where a few of them yet remain. These tribes have been left to" the undis turbed control of the States in which they were found, in conformity with the view which has been taken of the opinions pre vailing up to 1789, and the clear interpre tation of the act of 1 803. In the State of New-York, where several tribes have re sided, it lias been the policy of the Gov ernment to avoid entering into quasi-trea-ty engagements with them, barely appoint ing commissioners occasionally, on the part of the United States, to facilitate the objects of the State in its negotiations with them. The southern States present an cxceD- I Vo,a t,Q-ih policy. 4Arly?&s1784 the settlements within the lmritNorth Carolina were advanced further to thK west than the authority of the State toed torce an obedience of its laws ; other! were in a similar condition; The neceJ &;tie?, therefore, and not the acknowledc ledged principles of the Government muil have suggested the policy ot treating wiH ute inciiaris in that quarter, as tie onl practicable mode of conciliating their goo will. The United States at that perio 1 1 1 ! J 1 nao i use emergen irom a proTracieq ra tor the achievement ot their mdepcndencq At the moment ot its conclusion, man of the tribes, as powerful as they wei ferocious in their mode of warfare.remairl el in arms, desolating our frontLv se ticments. Uner these circumstance tne nrst treaties, in 1700 ana i7yu, wit the Cherokees, were concloded by tt Government of the United States, & wei evidently sanctioned as measures of n cessity, adapted to the character of tl Indians, and indispensable to the petf and security of the western frontier, they cannot he understood as changing t political relations of the Indians to, tl States or to the Federal Government To ( effect thia would ' have required t! operation ot quite a dinerent pnncipl and the intervention of a tribunal bighJ than that of the treaty-making power. To infer from the assent of the Goveri meut to this deviation from the practiJ I' ll la i - - - 1 wtucn naa Detore governed its mtercoun with the Indians', and the accidental ft bearance of the States to assetf. their rH f jurisdiction oyer tliem. I that they ha i surrendered this! portion of their anve- reignty, and that its assumption now is usurpation, is conceding too much to the necessity which dictated those treaties, and doing violence to the prtnciples;of the Government and the rights of the States, without benefiting in the least degree the Indians. The Indians thus situated! can not be regarded in; any other light than as members ot a toreitrn Government, or ot that of the State within whose chartered limits they reside. If in the former, the ordinary legislation of Congress in relati on to them is not warranted bv the Con stitution, which was established for the benefit of our own, not of a foreign peo ple : if in the latter, then, like other ci- tizens or people resident within the iimits of the States, they are subject to their ju risdiction and control, 'lo maintain a contrary doctrine, and to require the Ex ecutive to enforce it by the employment of a military torce, wouiu De to piace in nis hands a power to j make, war upon the rights of the States anri the libertiesof the country- a power which should be placed in the hands of no individual. If, indeed, the Indians are to be re garded as people possessing rights iwhich they can xercise independently of the State, much error has arisen in the inter course of the Government with them. Why 13 it that they have been called up on to assist in our wars,without the privi lege of exercising their own discretion r If 1 I 1 l . t . a i ill u an innepenucnr. people, they shouwi,as such, be consulted :;nd advised with but they have -not' been. In an orde which was issued to ine from the War Department, in September, 1814, thU language is employed : AH the friend ly Indians should be organised and pre pared to co-operate with your other for cefl. There appears to be some dissat infiction amone the Choctaw : Their friendship and Services should be secured without delay1 The friendly Indians must be fed arid paid, and made to fight when and where their services may be re -quired." To an independent and for igo people, this would seem to be &um ing, I should suppose, rather too lofty a tone ; one wrrch tve Government woum not have assumed if thev had considered them in that I ligM. Again : Hv the Constitution, the power of declaring war belongs exclusively to Congress. V have been often egngpd in war witji the Indian tribes within our limits ; but when have these hostilities been preceded or accompanied bjy an act ol Congress de- clanng war against the tnOr- which was the object of them ? and was the prose cution of such hostilities an usurpation in each case, by the Executive whicl conducted them, of the constitutions power of Congress ? It must have been so, I auorehend, if these tribes are to be considered as foreign and independen nations. The steps taken to prevent intrusion upon Indian lands had their origin; wit the commencement of our Government and became the subject of special legisla tion in ibOS. with the reservations whic have been mentioned in lavor or the ju risdiction of the States. With the ex ception of South-Carolina, who has uni formly regulated the Indians within her limits without the aid of the General Go vernment they have been felt within all the States of the south, without being un derstood to affect their rights or prevent the exercise of their jurisdiction, when ever they were in a situation to assume & enforce it. Georgia, though materially concerned, has. on this t inciple, for borne to spread her legislation further than the settlements of her own white ci tizens, unii! sl.e has recently perceived within her limits a people claiming. to be capable of self-government, sitting in le gislative council, organizing courts, and administering justice, lo disarm sucUJrfe charter of George Il in 1732, to the I art a n om a h ns invasion ot hor cnUof,nii-1 r 1. 1 1 t f. 1 r, 1 i 1 1 1 hi m m I-! 1 r r 1 fray their expenses, to supply them the means oi transportation, ana a years support after they reach their new homes a provision too liberal and kind to de serve the stamp of injustice. Either course promises them peace and happi-j ness, whilst an obstinate pcrseyerance in the effirt to maintain their possessions independent of the State authority! can not fail to render their condition; still more helpless and miserable. Such an eftort ought, therefore, to be discounte nanced by all who sincerely sympathise in the fortunes ot this peculiar people, and especially by the political bodies of the Union, as calculated to disturb the )armonv'of the two Governments, and tu endanger the safetv of the many blessing which tney enable us to enjoy. As connected with the subject (t this nquirv, t oeg leave to refer to the accom panying letter from the Secretary of War, enslosing the orders winch proceed- (rom hat Department, and a letter trom the Governor of Georjria. - 1 ANDREW JACKSON SUPREME COURT OF THE U. S, Monday, March 14, 1831. The Chkroker Nation- vs. The Stats of Georgia. The argument, in this case, commenced on Saturday last, by Mr. Sergoant, on the part of the Cherokee Nation, was followed up this dayby Mr, Wirt. Mr. Wirt, in the commencement of his argument, stated the nature 01 the pre- ent motion, which he said was addressed to the original jurisdiction of the Supreme Court, in the name of the Cherokee Na tion of Indians, praying for process of subpdsna against the State of Georgia, Sc for an injunction against that Slate, her officers, and agents, to restrain them from exercising the laws of Georgia within thej Cherokee Territory, on the ground that the specific laws which go to introduce the civil and criminal code of Geoia, into the Indian Territory, are null and void, as being repuguaht to the Constitu tion, laws, a:id treaties of theUuitcd States. , lie nest proceeded to argue that the Court possessed jurisdiction-of the sub j -ct that this jurisdiction depended sole ly on the Constitution of the U.a Suites, and did not proceed from Congress that Congress could confer mo new jurisdic tion on the Supreme Court, nor could it take any from it which it possessed. The Constitution had established the Supreme Court, and had defined its jurisdiction, ahd in what cases that jurisdiction was original and exclusive. lie then cited the Gd Art of the Constitution, bv the 1st section of which the whole judicial power of the United States is deposited in one Supreme Court, and such inferior Courts as Congress shall from 'time to time establish : and the 2d sec. which doscribs the Judicial power of the Court as relates to the'subject matter of con troversy over which its jurisdiction is to extend, and the character of the suits that may tome before it. And from that part of the same which declares, that the judicial power shall extend to all cases in hue ami equity, arising under the Consti tution the laws of the- United States, and treaties mnde, or which shall bs made tinder their authority, he contended that the present wav a case which plainly came under tljc'cognizance of the Court. Mr. Wirt 4 hen went on to show that the Cherokee Nation was a foreign State, neither owing allegiance to the United States, tojeorgia, to any State in the Union, fir to any other power. That from time iinmemoriai the Cherokee had been a sovereign and independent people that tliey had been acknowledged as such frog the time of the U'st settlers unuer present day, by the various treaties that had been made with them at different pe riods ; and that as such the State of Georgia could have no jurisdiction with in tlieif territory. That although within what was called the limits of Georgia, Utw wprp a foreie-n State, and in proof of this-, he instanced the towns and provin ces at one period possessed by England in the heart of France. But that in the case of .the Cherokees, they were not on- Iv.a foreitrn nation, but ;in independent th nl an4 exclusive masters of lltll. iaaw v , all the soil within their territory, which i.ot- hnd nnt rpdpd bv their wn free will, and could be governed, of right, by naoiher laws but such as they themselves thought proper t ordain. , Mr. Wirt in the course of his argu ment quoted the several treaties cited various cases and decisions in point, and fafter addressing the Court on the subject Ipnm iiloVPn O'i clock till halt past two, ennr In fieri his highly forcible and elo nuent aooeal in a peroration of deep f-plino- and nathos, and in which, the sympathies of his auditory were complete ly enilsted, by expressing bis confidence that the Court wo Id grant the injunction .m;-c1 c ilio last stav and none 01 an iinfnrtiinate and much ioiured people Th Onurt wn considerably crowded thriMifrhont thp rinv : some of the Chero kefc (Megatin were jxesent one of whom? Qft very intelligent mfl respectable 1 appearance, shed. tear copiously during Mr Wirt's addies No one, wbeo we - - - I 1 left, had appeared on 'the part of Geor gia No?. Journal. AMKRICAN COLONIZATION SOtilHTY. : From the African Repository. RES.OLUTtOXS OP THE BoARD. Tlie gers of the American Colonization Society have'eonsidred their course of duty for the present year, and adopted the following resolutions : fiesclprd, liy the Board of Managers of the A menca.h Colonization Society, ihat encourngt-d by ttie kind providence which thus far' f'a- vuurca ttien cttnrt-?, tney will onmevliateiy com mence Mrrantrements for obtaining the necessary funds, and sending to lbrria within the presit year, six vessels, fro-n difhsrcrjt ports of tlve U nited States, 00 the first days of" May, July', Sep tember, November, January and March. The. first Vf!sel shall sail from New-York on the fi.-.sl of M:y lh second from B.iltiinore, on the first nf July , the third from PluLtdetphia, on the first of Speinber : and the others from differ ent pl ices, whenever such pl.ices shalti vtiih the other neans at the command of the Societj', secure Ahe requisite funds ; such places to be de signated in due time. Resolved, That the Society's Agent in Liberia, be du ecjU-d to ascertain whether setth-ments can be formed, by Colonists frm Liberia, at Grand Uassa, C pe iF.tlnias, or the Island of Bulama ; & upon wliat terms, and in what manner, a sufiici ent and sui'.ahle territory can be obtained at all or either of those places, and what are the pecu liar advantages and disadvantages of those situ tions, and give the earliest information in h s power to the Board on fhese subjeats. And that in the discharge of these duties he may (if cir cumstances should permit it) associate With himself ehher of the Hi) weans now in the Co lony. The Board of Managers trust to the be nevolence and patriotism of their coun trymen to sustain them in these efforts in behalf of the two great objects embraced in these resolutions The. accomplishment of the first will produce most beneficial results both here and in Africa. The state of suspense, in which many of the persons who had prepared for emigration, have been 'kept tor several years, is exxiting in many pla ces very unfavorable , impressions in the minds of the coloured people, ami of the friends of the Society. These impres sions can only be removed by gratifying the long-repeated wishes of a considera ble number within the present, year ; and the security and prosperity of the colony will be greatly promoted by such an ac cession of well -selected colonists to its present population. . The second object is one of deep inter est. The information whichthe Board has obtained of the stte of tne coastot Africa, leaves them no room to doubt the practi cability of forming other settlements up on easy and advantageous teems, at th points designated in the resolution, and perhaps alsolh other important &ituatious. Ol the great advantages of such an opera tion, when time and circumstances would justify it, the Board have been always e- nually convinced, lhey have reason to belipve that a small settlement from Li beria might now be commenced at one o these places, which,instead af weakening. would ald greatly to its strength and se curity ; and in time there may be formed a line of such establishments upon the coast,a3 may confer mntual benefits upon each otiier : present more nutnerous.out lets. and greater facilities of emigration to an unfortunate class of our population j invite to a commerce enriching our coun try, save that portion of Africa from the lorrors of the slave trade, and dispel by their light the darkness around them. The B- ard appeals therefore with con fidence to the American people,and trusts o the mighty mover of all hearts that it shall be answered as becomes a great and ree, and .christian nation. KM OS BVNKIXO & BILLS OF CREDIT. During the debate rh the Pennsylvania House of Representatives on the Bank Resolutions, Mr. Ingersoll read the fol lowing letter from Mr. Madison : Montpelier, Feb. 2, 1831. Dear Sir : I nave received your let ter of Jan. 21, asking: K Is there any state power to make banks? 2. Is the federal power as has been exercised, or as proposed to be-exercised by President Jackson, preferable ? ry clause in the constitution ef the Uni ted States, was the practice of the States in making bills of credit; and in some in stances app aised property "a legal ten der." If the notes ot state uanKs there fore, whether chartered or unchartered, be made a legal tender, they are prohib ted ; if not made a regal tender, they do not fall within the prohibitory clause. The- No. Of the Federalist" referred to was written with that view of the sub ject ; and this, with probably other con- temporary expositions ami un; uuuiw runted practice of -the states ia creating and permitting Banks without making fneir wtes alegai tewler, would seem to be a bar to tb question, if it were not ia Uvi.plipnt. noivv toacitat.e-.it. 1 and inorderital enforcement of the depreciated notes of State Banks, hv fhwr crowding: out a sound medium, tlMJugn a great evil, was not foreseen ; and if it had been apprehended, it is ques- S. which had so many obsfaete3 to en counter, would have ventured to guard agalrist it by the additional provision- A virtual, ami it i9 hoped, an adequate remedy, may hereafter be found in the refusal cf State, paper when debased, iiv , any of the federal transactions, and in the control of the Federal Bank, thU be ing itself controlled from suspending it specie payments by the public authority. , 0;i the other question. I rxadily decide, ag-unst the proje-ct recommended by thV President. Reasons more jhan sufficient appear to have been presented to the pub lic in the reviews and other comments, which it ha'3 called-forth. How far a hint for i.tmay have been taken from Mi. Jefferson t know not. The kindred ideas, ef the latter may be seen in his memoirs Sic- vol. 4. pl96'2ar, 520, and his view of the State Banks, vol. 4 p. 1X. .:o. There- are sundry statutes of Virginia prohibiting the circulation of notes pay a- oie to Dearer,r whether issued by individu als or unchartered Banks. These observations, little new or im portant as they may be, would have been promptly fu-rnished, but for an indisposi ticri in which your letter found mc, " and; which has not yet entirely left me. I hnpe this will find you in good healths and you have my best wishes for its con tinuance,, and, the addition of every other Messing. JAMES MADISON. Charles . In ger soil, Esq. Mr; Crockett of Tennes et-, has iued a-Circu- l.-r Letter to his C nslituert3, which is a sen sible, straight forward expositioo of f.tc's s,j be, found them at the last session of Congress.-" His known honesty gives to his statements r weight which nu.rc varnished ar.d h'rghK wrouglit'productions do not always cany with them. The following is aa extract (Scona tS Circular . ' You kiow what a coise was made bout Mr, Adams, and Mr. C av snndini: and wasting the public money, and that theifriendsofGen. Jack9an ma.de us believe that if they got into powertha they would reiorm the government and retrench the expenses thereof. anvswry to say that none of. their promises have been peri: formed 5 the eipenses of every branch of the government have been increased; and all their boasted economy was a mere trap set for us they caught us and we, put them m power ; they now not only do what they dennanced ; but they push their waste ot money lurther the Appro priation bills will show it Tliey have sent a Minister to Russia, paying him. ' gS000 outfit to furnish a house, and 89,000 a year salary ; and before h went they granted him the right to-leave there and go wherever-he choose, and ho went to England, staying in Russia but tea days or so. He is not going back tq ; Russia : he is coming home, and has beea announced a candidate to Congress, and I am told he says, he was .only sent out lor one year- 1 may ask you what yous think of this most unprincipled waste of your money, (to give it to a rich favorite) practised by men boasting of their politi cal honesty and Ioye of econoaiv ; searcli ! every department of the government f ront its commencement to tne present time, and nothing like it cajj be found; th shows what little reliance can be placed on those who have the managc;utijt of I public xifuirs. 1 he men now in ppvrer asejl to argue la Congress fat our miniaters abroad werp too numerous, and pfsid too high. TheS have not reduced their number they have tried to increase their pay ; and the Sec retary of State, professing to act in obe dience to the wish nf the President, hai recommended the nvst extravagant and; splendid embassy that was ever dreamed, of in this country. He recommends that a minister should be sent ta the Grand. Turk at Constantinople at an expense u$ nearly eighty thousand dollars for the 1st: year ; 850,000 of which are for thCotf i ryvi f 'F- rrfYi eo V f I .1 .... A. I . j O T w UVb stents to the Grand Scigiior. The Secret tary does not state how the g50U0a.ar to be laid out, that be has left to- th,6 discretion of the ambassador ' Thjs Clerks in the Deparhnents, wbet Mr Adams was in power, they said were to numerous and too laziy ; noW further aav is asked for them, and their camber is tJu small ! It appears also, that the Post Office ' Department,insted of supporting its wvjz expenses mu3t now be supported by tiVta : xreasury. - The Chbrokek Nation us-Te Stat-; of GEOROJL"We are informeii that Al.c, Peters, the Reporter of the cciaion& o v the Supreme Court intends to publish. tlii9 case iiaasediately, ina separate voU ume from the report? of the enn,as welt as to include the case in tUe fiith voUun of the Reports He has made arrangements, by which the whole of his arguments. in the lab-, gvuigq of the Counsel wilt be given ta thfc , public ; that of Mr. Wirt hnvingbeen ta ' ken tlown tjy a stenographer engaged Ibr the puypose. The proposed pabheatidn wilt also compjeUer.d other interesting matter connected with'fhe case. Xhe pablw will loo? with deep interest for this pabbcatiop,. of Qa3 wlch fe attracted so much att-otion. and excitet r:ucjj eusidity. fnt 1 ft i id"-''-'' - 5 i fr 1 t
The Weekly Raleigh Register (Raleigh, N.C.)
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March 31, 1831, edition 1
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