Onondaga Standard (Newspaper) - January 19, 1831, Syracuse, New York VOL 19, 1831. N 0.71. The hod every Wednesday at V. hy in. the eni up the village the pers left HI their To mail ami those who call for them at the To companies of not less than inserted ul if 1 per fur Vie first three and 25 cents for every subsequent liberal deduction made to those who advertise by the Ac. in a neat and handsome style and on liberal from the Courier Banking N. York cit Notes pai Commercial Albany Bk under jni Alby Bk of do Mechanics mers Bk guj Troy Bank farmers bk of Mohawk bk Bank of Uti Manufacturing Co. Patterson People's Bunk Monmouth Bank par ty Protection un All others par i 15k township i OI a Branch Chester Co. 't do at Bunk in Delaware co i Rochester Bank Bank Auburn Bunk Ontario bk Eiston Bink Ontario bank i Bank J Lancaster Hunk 1 bk joj Bucks Back York Bank 1 Gettysburg Hank Colombia 50 Middle Grange county bank i 6henanga Greene cb bk Catskill 60 Bank of unc Kew Haven par Carlisle Bunk C. Bant of Pittsburgh Reading Bank 1 Greenburg Bank bro Brownsville Bank o Northern B of Penn unc Hope All other Banks gar unc 15a95 Laurel Bank 30 All others Jal Baltimore Bunks t Port Deposit Bank 2i Elkton Bank 50 Cumberland Bank of Allegany unc ff do unc co bank JnJ Bank of bank Princess Ann unc N. All Pacific bk JaJ Mechanic ill other Mass Notes bk unr .do Hallowell Augusta do Casline do All others Burlington St. All other 4 Ea 1 i Banks Dal V Kingston unc do York 2i Montreal 2i Quebec tata Bank at Morris under i Bank at 4 lie un under k Warren Mount Holley bank Morris Canal bank J Vicing Co t Salem Banking Co. 1 If Co. i Bank at under 1 Hoboken Banking Company unc B. branches 1 B. do 5' do 1 Valley 1. Branch B. 1 r. Charleston 1 Branch InJi of Virginia 5 District of Merchants B. of Alex bro of do bro of Columbia 10 All others in State B. branches 2Jn3 Sf 2iu3 South Chai lesion 3ifl2 of Augusta 2a2i do 2a2J 5 5 ef 5 of do Lancaster U. 5 St. 5 Western B. 6 of Kentucky and unc B ol Commonwealth unc Tennessee talc B. Sf branches unc Nashville unc 1 Mobile of THE having purchased the slock will continue the business at opposite the they are now receiving their eup of and Boat Pipes ffollow Grind Paints ii G Inns TIN and ZRON on and made to order at short Store If COOK a great i SHELF of Building Joiners Tools All they solicit the public to and for ELAM LYNDS 12, 1830. 36wlf GASH FOR pay and highest JL price lor a quantity of clean at Store it Yellow received GOODS Ww for cash or pro Vfl 2t, lines arc and scarcely be iu i is hn eye or What a wild and A rosy an angel Whin a suit mid a generous soul A mind With soft Immunity There is 'tis not iFie wandering firo That must be fed un folly or Gleam of polluted my That Hides us nobly Hut made our dust to the of a loftier Friendship of in heaven scarce more Earth has iu pangs lor its happiest brensi Nol his who meels but bears Life must he yei that toil how Bui for the soother of its brief charm fondness bind Till ihe mingles with ihe kindred 'Tis not the cold The flume new lit at passing But the high impulse that tlie Html Feels hut engross it Vet seeks it turns in stern disdain On iis own weakness wear a Still wrestling with the till its Feels all the strength departed from ils Then and joined Life's darkest hours are met lot me love she has post Into my inmost A dwelling on the hallowed ground Of iis last worldly Where and where memories dwell Like hidden music in the following of refined ten by Anthony in consequence thor's being reproached for not over the dead body of a female has been translated into man by into Italian by Count and into French by Count Joseph Augustus de Cold drops the tear common What callous rock retains its crystal mould its liquid Deep sink the waters thai arc smooth and when sublimely agonized I And memory gave her beauteous fame a While feeling triumphed in mv Grief drank the it reached the elow will be found aa ion in relation to the Indian It is ascribed to the pen of Mr. late Secretary of the From the Milledgeville HALL Sept. 1830- The Slate George Tins was an against the a Hie murder ut another native Cherokee within the territory in the occupancy of the Cherokee oT The indictment has been undei a of lins passed in the year 1329, for extending Ihe laws of this Stale over the Cherokee and for ihe purpose of the Courts certain counties tion ol committed in the said okee annexes the whole to of the slate upon the A part of said territory to of and it was in the so I hat the described in was charged to have been To Ibis a plea to the jurisdiction of the was and presiding in Hall county has reserved tha question for the opinion of the judges in William H. Esq. appeared in support of the and contended that the act of 1S29 of State of ex- tending the criminal jurisdiction of the state over the Cherokee was and therefore That by rious treaties negotiated between the Uni- ted States and the Cherokee be- ginning with the treaty of and ending with the year 1S29, the Cherokee had been treated with and ed an independent sovereign and therefore could not be subjected to the laws of a That in those several the right of self-government had been ex- pressly recognized and distinctly ed by the Cherokee tribe or That the extending the jurisdiction of the laws of Georgia over the Cherokee was an infringement of of secured to the Cherokee by the treaties the United Which treaties by the of U. declared to supreme law of the The constitution declares all treaties or to be the supreme law of The treaty of is of anterior date the and is therefore expressly by and consequently entitled to more weight in the decision of this That treaty contains article knowledging the right to declare war a- United which by counsel was relied upon as unequivocal that trie States acknowledged the Indians to be a sovereign foreign at least the sovereign at- tribute rif declaring Mr. General in voK 3, to show that tribes had ways been considered and in a stale of to the lie placed much stress upon that part of the articles of cession of 1802, between the Georgia and the Unif led which the Stales re- lo of Georgia all her lo the land lying cast of the tract ded by the state of He denied the inference drawn hy counsel from article in the which regulates the manner .in which fill i fro wars should be commenced between the two he that the treaties were because the general government had rip to treat With within limits of the but upon the single subject of that being power granted in the BY THE OF I This is a and tron which never won Id havt to judicial tbn and of all ly extin the last n c-f When the ul last hiK fd that of iho two would he Iu the of the seized on hy of thr In that it is pre- the in which this lieen and is presumed will no upon ils The tions which have the In- dian tribes of the American continent and the different European who have established colonies in and with the colonies arc to he col- from the histories and public acts those and for the space of ahout 200 that many changes of opinion and of public conduct ards the Indian tribes have taken which changes are strongly marked in the records and proceedings of the different ropean nation who had colonial ments in Those changes introduced some uncertainty as to the actual relations which ought to and do actually between the ments formed hy European descendants and the aboriginal 13ut Ihe conduct of Ihe crown of Great Britain to Indian tribes has been less The relation between slale and Cherokee Indians depends upon Ihe principles established hy England towards the Indian tribes ing lhat parl of North America which lhat power Whatever right Great Britain possessed over the Indian tribes is vested in Ihe slale of antl may be rightfully H is not ihe nor is it the of to into a vindication of ths rights ex- the British crown over the In- dian tribes hut if the question is ed open to no douht is lhat Ihe policy adopted by the Brit- ish crown towards the Indian tribes might sound But this whole ably elucidated in the decision of the Supreme in the case of Johnson vs. S. 543j Convention will this Afier staling gave lo the discovering nation ap exclusive right to the country as between them and other European the decision were to exist between the discoverer and were to by thus acquired being could between of these the rights of the original inhabitants were in no but were necessarily .to a considerable ex- tent They were admitted to be the rightful of the a gal as well as claim lo retain possession ol ami to use il own hut their right to complete as Millions wern anil power Iu the soil lu whomsoever they was denied by J that discovery gave exclusive tic lo those who made it. While the nations of Europe respected HIP natives its they asserted and claimed the ultimate dominion in themselves ami claimed and exercised as a until it should he was declared not to as absolutely repugnant to a seizin in nn the In to preceding lending to show that thu Indian tribes found in it was discovered by the could not he con- two furls re- the Ihe United Slates will be brought into 1st. The Constitution of the United States gives to Congress power lo regulate commerce with foreign among the several and with the Indian In exercising the first parl of this Congress have prescribed rules and with which foreigners must comply when they come to the ports and are within the jurisdiction of United All sovereign stales the same power in linl when Congress exercise Ihe ter viz. the power of regulating trade with the Indian the law directs the citizens of the United Slates shall conduct towards the Indians and bow the Indians shall behave to Whence this difference of conduct under the same grant of power I Because the subjects of Euro- pean kingdoms who come into can ports lo are component sovereign and independent and the whose trade is so are members uf communities are not sovereign 2d. The Constitution of Ihe United Suites gives to Congress the right of declaring Presidents each waged the Indian yel the statute book of the Stales contains mil si single dec- against any li is that the two Houses of Congress would silently acquiesced the usurpation of their rights the if the Indian tribes had been ed to be the proper objects of a declaration only because they were held nol to be sovereign Indeed it is to conceive how any person finite idea of what who bus a de- can. have come to the conclusion that the tee Nation is a sovereign ami in- dependant By Ihe case of Johnson vs. and Fletcher vs. it has been determined by the Supreme Court ul the United no title can be derived them an and thai a slato is seized in foe of wilhin chartered Ihe land be in the of the and that such and aud cannot be ed iu Conns of Counsel in support of the to Jurisdiction admitted that the Cherokee Indians nol alien or trans- fer mis to any but of lo Ihe United Slates for their buti seemed to suppose this limitation ol sovereignly was the ol treaty This is a No ty can he found in which any has agreed thai another government he alien ils The that the of t was mil the result ol any Init I ol the right acquired hy Ihe upon covery ol treaty making is not entitled lo as sa a placed on oth er parts of the Constitution by all tin of the entirely consistent with lhat placed upon the treaty making power by only two of the ments which had concurred iu that con- But for the sake of ing the subject more let it for the be taken for grunted lhat the tribes are the proper objects of the treaty making The the ions of tribes had been fixed Ions before the treaty making power by the of the United Stales and it was not competent that when rightfully to alter or change those rights ami The right of the Indians to the soil upon which they was lhat of occupancy fee being vested in the Slate of Any attempt change the right of occupancy into a would have ed the seizin in fee declared lo be vested in by Ihe Supreme Courl of Ihe Uni- led and would have been null and Lhc relation existing between the Cherokee Indians and Ihe Slate of was that of No treaty be- tween the United Stales and the could change that could confer nn the power independent self- If there any clauses in of the compacts the Slates and the Cherokee Indians which give to those Indians the right of independent they are simply and ought not lo be permitted to nny obstacle in the way of operation of the acl of Georgia extending jurisdiction over the country iu the occupancy of. Cherokee Bul it may be lhat the State of Georgia having a- hunt fifty years to exercise this jurisdiction over the Cherokee is barred by tlie lapse of limb from exercising il might he deemed a sufficient reply to 16 cile the maxim of which has determine in Ihe Courts of and as as is known lo Ibis by all lo apply to Hie Stato governments the same as it applied to British But will not rest the reply upon this because a in- and satisfactory reason can be readily When America was the de- covery was considered equivalent lo I became Ihe duly of. the ing- conquering lo make Some pro vision for the were race ol imbecile In ordinar conquests one of the modes ed. Ihe conquered people a with their vanquishers and be one or were as a but dependent Tl ws has been shown in t cision of Johnson vs. disc from the views of nature in confining the within manners and intellect of ti impracticable barriers tu ol were judged incapable ul will 1 the obligations which lliu laws or of being subjected I ul society there lui c i red iliM t limy should he In live according ID and nun and that they be protected i their under those customs an narrower we cannut help a power lo. grant j of j i who in who their by a charier from their sovereign while possession of Hie These grants have been considered hy to convey a title to the subject only to the Indian right of The history of from ils dis- covery lo Ihe present the universal recognition of these After giving the history of various grants by Great and to lands in the occupancy of Indian it all the nation's of Europe who have acquired territory in asserted and have recognized in the exclusive right ol the erer to appropriate the lands occupied the Have the American Slates principle t The de- cision then proceeds lo show lhat Uni- ted States have adopted and acted upon it as far as thuy have The opinion United have to lhat great and by which its now hold this They furnished ed from the Indians land of which ed to il is manifest hold and assert in themselves the title by it was They as all others have lhat discovery an exclusive right lo extinguish the Indian title to by chase of by and gave also a right ever extravagant of ing of an country into conquest may if the principle asserted in the first instance and afterwards if a country has been held and acquired under if tbti property great mass of the community is in it the law of the cannot be with but to the concomitant principle that the In- dian inhabitants arc to be considered ly as to be while in in tho possession of their Uit lo be deemed incapable of trans- ferring the absolute this restriction may bo opposed to ural and to the usages of civilized yet if it he lhat under been be adapted tidn of tlie it be by and certainly cannot of tion this The case of Fletcher 87, out of a sale by fhd of of a large tract of within the limits of that grant of which was after- wards Tho action by a on Ibc of and one of tlw in flood of seized in fen of s real question presented by ihe issue the seizin in was in state or in tbe Afar tnw controversy had conrt if fof notice Ihe dian to the lo lake This ble example was followed by William Penn and colony of Quakers that he From Ibis quotation held had a legal right lo Ihe their charter any purchase from Ihe Oilier passages from Ihe author same The Slale ol New as lale as the year 1S22, vested in courts exclusive criminal of all committed hy Indians within foU lowed example iu a greater or and every thing has but so soon as Ihe Slate ol sues the sainc a hue and cry is ed against and a residing near 10UO miles from her borderi has been em- ployed to her and and who lias nol been a- lo say Ihitt he has been able lo find no authority which justifies a denial lo Ihe of the right of a sovereign independent hy decision of the Supreme which cannot be un- known lo ihai every acre ol land in the occupancy ol his sovereign in- dependent Cherokee is fee in the Slale of Il is presumed be sovereign independent which did nol hold an acre oi land in which was lo hold every acre of land only by while the in lee was held a foreign sovereign The view which Ihe presented can discover no legal obstacle lo sion of over the territory in the possession of Cherokee If obstacle to that extension it must be sought for in the treaties which have been between the keo and the United Hut here a is of of Iho treaty making II has been in the preceding part of Ibis not legal of a It ha's been shewn that by they have Hot as a sovereign pendent Slate in the of com- Can any be ihe Indian are nol the of making It js if seems to ho thai communities which have hech hut lube objects of a ration of the object of Iho il may be inai me have aro the proper of Ihe making treaties have actually been This Dut it. may lie put hy tlie President and Senate upon that part of Constitution grants to Uic objection That having no over a hich This to I now say have advanced in and hav ilir a the are undur tho influence laws of a civilised Slale o The obstacle induced lo forbear the exercise o the rights which Great as dip covering hail exercise over ami which vested in lio longer if Iho Cherokees or thei council is to The of gia is imperiously culled upon to its legitimate powers over Cherokee strange that nr now be made to that ju a be seized in fee ol a and have no over is ly in science of that the of have the jurisdiction over the yet il has no right lo over persons of Ihe Cherokee who reside upon rilory of which Slate of Georgia is ed ill distinction present a more anomaly than that of a go h rilory of wl holds well where a 5'tatfi in fee of it has exclusive jurisdiction over not only on the and every thing that is In he found on hut as Sir William de- fines a title iri to thai it not only over but hy ud. Now Ihe right of Ihe lee bo that of the power granting Tbe in not only Ihe hiil the of the and through the air above the as far as the air can be appropriated lo Ihe use of or usque as the has If seizin in not only Ihe but extends lo tbe tre and to Would respectfully to of il may notice sonic cd by in thai ly of the in case of real wrongs lo de- mand lor and if jl Was to give of to make was sel evidence of the by the United the Cherokee Indians as n It does not appear so this Indian in North America as ferocious HS They allyin the habit of making secret and tiers panic by secrecy and rapidity were To terrific upon Cherokee Iho of gi into the white It was a salutary restriction which was the of at least one approach towards tho and usages of civilized To inve ihe restriction for fear of the il is contended is given 0 the Cherokee of making war the would have been For it was matter of universal no- that the various tribes 11 United States were 1 making war in the manner hove and the restriction was a and has had the desired the contended the articles ol treaty and cession the state of Georgia and the Uni- ed bad given the States a igbt to hold treaties with the Cherokee and had bound the stale to abstain roin all lo extinguish the shl to lands within the limit of convention conceive both positio ns to ic 1st. The articles of treaty and cession no right upon the United States to lohl treaties with the Cherokee Those articles impose upon Ihe U. States duty of extinguishing tlie Indian mt confer no political power on the If there is such a thing as a political it is certainly that In: Federal Government can derive no power from a compact with an That Government had at tho ime of entering into those the right jf holding with the or it ad If it be true as intimated by that I to Indian lands could be only hy and il Government had no right to make such then the Federal Government in entering articles of sion look upon itself on impossible Bul it is nol Irne Ihe Indian title bn extinguished but by That tlu can be by bargain and or by as well without the form of ii treaty as Indian for extinguishing their right to their aro though not in nothing but contracts for the purchase and sale of Indian Bul 2d, Ihe stale of Georgia in im- posing Ihe obligation Stales to ihe Indian title to lands within her did relinquish right possessed of a valuable to another power to induce that er lo assume ihe obligation of of Indian it was natural that she should rely ihe good faith of that power in discharging its should a reasonable time any di- rect to the same But if the contracting or should from oilier cause point c the gia mighi rightfully her suspended of extinguishing the Indian and demand payment from Ihe f whatever coat be proper before closing thin opinion lo the States irt their practice the con- sider all within or improper objects ofa The Indians were resident in of yet the president prosecuted them wilhout a declaration of The events of that war produced a deep sensation and were discussed with animation by the Iwo houses Con- gress yet during the no was thrown out on any of either in question right of the lo prosecute a war with an even resident of the limits of This deems il a waste of lime to pursue this satisfied anil it is hoped lhat of iho provision of the State claiming jurisdiction over its tered that the of Georgia had right in year 1829 lo extend its over territory inhabited hy kcc fc over lhat said act of 1829 is neither nor inconsistent the rights of Cherokee The plea lo the of the court submitted to this is THE I perceive with that Gen. Peler lale secretary of it e- delegate hy the lo their be held il shall be held any in the city of on the 20lh Though zeil and disregard ol truth which characterised ind disgraced his political in 1328, lave impeached bin standing with he yet 1 expect from him Card lo and for own Mr will be if ho is Wounds upon the If he did not originate our humane lie labored with ability zeal recommend its and he will not permit this occasion to pass without an to set of Mr. Clay on Mis opinions in 18U8 and 1823, arc ex- pressed in his lo Iho accompanied Mr. last will exhibit most important in nf Ihe as into in Ihi efforts ire to remove them beyond of the anil very extensive of the wont and of the remarkable for tf fertility of soil and been set apart for the colonization of Liberal pecuniary by irid many have already embraced Rut the ultimate success of I beon greatly and by Ihe measures of with 1 the purposes Indian the mechanic had the draw almost Indian fn addition .to a -i very comfortable s to
