Washington Globe (Newspaper) - March 26, 1832, Washington, District Of Columbia s w will be received til the first day of next for two one on the Michigan and the mouth of Chicago to be of the following dimensions of split or tower the foundation to be laid as deep m may be to make the whole fabric Hie height of tin tower to be forty feet from the surface of the the diameter of the bate twenty-two that of the top ten and one half walls tii three feel six inches at the to two feet at the Laid in good lime well pointed with Roman and icd twice The floor of the to be paved with or stairs with a centre post to be carried up from to within six feet of the of the to be made from two inch eight inches to be three windows and a door m the the door to be six feet high and three and a half made of inch double and with strong Jock and tlie to have strong air I to contain twelve 8 by 10 An arch to be turned at the top of the on which is laid a t feet inches the joints to be filled with a scuttle in the deck to p iss into the 1 18 inches by 24 the and to be covered with an iron 1.liter to i each top of the stairs to the entrance of the with steps two inches on ti top of the tower to be lantern of an 1 m to be of sufficient diameter to admit an 111-1 sash ill each to contain twenty-One 12 by 11, to be glazed with the first quality of of double from the Boston except the lower which is to be filled with i * sliding ventilator to be in one of the of the 1abbe Is of the sashes in be not less than of an inch the octagon post to be two inches And to run foul fert into the walls of the tower and secured with the top of tho lantern to be a dome formed bv s iron concentrating in an von six inches wide nine covered with thirty-two to the square copper to come down and rivet on the pieces that iorm the top ol on the top of tb to be a traversing d mieti r fifteen inches an which to be a me two and a hair feet long and fifteen Mclies the ventilator ami vane covered with in one of the octagons to be an iron framed f feet high and two feet covered With r to shut tight into the secured by M o tm 11 Around the lantern to be an I rade with two the posts to be H inch railings f inch The lantern and n the wood work in the tower to be painted uu r. An electrical rod to he fitted 0 the run t we feet above the vane of the lantern ancl 10 fi et into the u ell to be sunk sufficiently deep to procure at a distance from the to be stoned and furnished with iron chain and strong will be received for fitting 1 e Light in the same manner that Houses in tUe United States have been te l up by Mr. in one month he light house shall be with p itent an l eleven fourteen inch i each to have six ounces of pure and to furnish two spare double tin to hold five hundred gallons of i; ui c lantorn canister and an iron one and one wick one tin n one oil vx wrick one ind two tube one two and I wo pair of l i e light house to he by the 1st and the Idling r the whole in a workmanlike to approved by the Superintendent or nch person he may payment will be until the whole of the - w i. k be Dwelling Houses Keepers having been s none will to he d to will forward their Prowls for each Light 5th and Com. ftr P. P. is too OP 1 NO. 243. 1833. CHEROKEE of Mr. Justice delivered January 1832. a. Tss 8t*tk or The second act was passed on the twenty-second day ol eighteen hundred and and is entitled act to prevent the exercise of assumed and arbitrary by all under pretext of authority from the Cherokee Indians and their laws; and to prevent white persons from residing within part of the chartered limits of valid treaties could be The only requisite that each of the contracting parties shall possess the right of and the power lo perform the stipulations of the the no State can enter into any treaty and it is believed since its no under its own lias held a treaty with the must be admitted that the Indians sustain a peculiar relation to the United They do not as decided at the last a foreign State so as to claim the right to sue in the Supreme Court of the United and having the right of self in some form a In the of their internal they are dependent on no They offences under their own in doing they are responsible to no earthly They make war and form treaties of The exercise of and other gives to them a distinct character as n and constitutes in some a although they may not be admitted to possess the right of various treaties the Cherokees have placed themselves under the protection of the United have agreed to trade with no other nor to invoke the protection of any other But to enter by the Cherokee and to a guard for the protection of the gold and to enforce the laws of the State within the aforesaid the first section of this it is made a penitentiary after the first day of eighteen hundred and thirty for any person or under color or pretence of authority from the said Cherokee or as head or warriors of said to cause or by the assembling of any Council or other Legislative body of the said the purpose of or - State is more or less dependent on those ft * unless this dependence shall extend 1V merge the political existence of the after the first of eighteen into that of their they still ana who shall reside within the constitute a They may exercise the powers not limits of the Cherokee without a licence or and bind themselves ns a distinct and his Excellency the or from 1 parate agent as his Excellency the Governor The language used in treaties with the Indians authorize to grant such permit or or whe never be construed to their If words be shall not have taken the oath hereinafter made use of which are susceptible of a mare extended shall be guilty of a high upon meaning than their plain as connected with the conviction shall be punished by confinement tenor of the they should be considered as used to the at hard for a term not less only in the lattei To contend that the word than four From this punishment agents of in reference to the land guarantied the the United States are white and Indians in certain indicates a favor male children under twenty -one years of rather than a right it who have obtained are required 10 injustice to understanding of the to take the following A do solemnly I How the words of the treaty were understood I will support and defend the rather than their should form the rule of question may be Is no distinction to be made between a civilised and savage Are our Indians to be placed upon a footing with the nations of with whom we have made inquiry is What station shall now be to existing treaties between the Indians and the United and contrary to the interest and good policy of this have and are frequently going and settling and cultivating the Unds allotted to the friendly for their hunting by which means the State is not deprived of their services in the but considerable feuds are engendered between us and our neighboring by the Senate and House of * of the Stale of in General That his Excellency the Governor | is most clearly the intercourse of eighteen hundred apply to the Indians live the of The nineteenth section of that act it shall not be construed to prevent any trade or intercourse with Indians living on lands surrounded b v settlements of the citizens of the United and being within the ordinary jurisdiction of any of the individual This it has been excepts from the operation of the law the Indian lands which lie within any A moment's reflection will show that this he S requested to take the | To constitute an exception to the provisions of means to hare all intruders removed off the Indian this the Indian at the time of its that proper steps be taken to prevent j must have been surrounded by settlements of ture the citizens of the United and within the 1817, the Legislature refused to take any steps to dispose of lands acquired by treaty with the the treaty had been ratified by the by a Governor was jurisdiction of a State; not only within the limits of a but within the common exercise of its one will pretend that this was the situation have the line run between the State of Georgia the Cherokees who lived within the State of the according to the late The same thing was again done in the year 1819, under a recent a memorial to the President of the in 1819, they say has long been the desire that should be extended to ultimate the soil within her boundaries should be subjected to her that her police organization and government should be fixed and the State of Georgia claims a right to the jurisdiction and soil of the territory within her that the right is to be perfected by the United in the extinction of the Indian the United States pro hac vice as their Indian title was also distinctly acknowledged by of 1796, repealing the Yazoo act. It is there in reference to certain that are the sole property of the subject only to the right of the treaty of the United to the State to under its pre-emption the Indian title to the and that the land is vested in the to whom the right of pre-emption to the same subject only to the controlling power of the United to any treaties and to superintend the This it will be was used long before the act of the twenty-fifth of eighteen hundred and the Governor of issued the following proclamation Whereas it is provided in said that the United States shall protect the the and of the so that suffer no or in their their the lands they their removal shall have been according to the terms of the which had been recently made with the and laws of the State of and uprightly demean myself as a citizen So help me Governor is authorized to organize a which shall not consist of more than sixty to the mine in the Indian and the in our What guard is authorized to arrest all offenders under the have sustained to since the commencement of is apparent that these laws are repugnant to the We have made treaties with and are those treaties with the Cherokee Indians which have been treaties to be disregarded on our because they referred and to the law of eighteen hundred and were entered into with an uncivilized people Does This repugnance is so clear by an ex- this lessen the obligation of such By of the respective acts that no force of de- tering into have we not admitted the power of can make it more people to and to impose the treaties and laws of the United gations rights are guaranteed to the both as it The President and except under the their territory and internal By the making cannot enter into compacts with laws of Georgia these rights are and not the or with foreign This power only but an ignominious punishment is has been uniformly exercised in forming treaties with inflicted on the and others for the exercise the The important question then Nations differ from each other in and which shall the laws of the United or that of the same nation may change by the laws of No rule of or Lions of but the principles of justice are the of can evade an answer to this They rest upon a base which will remain The response must so far as the beyond the of ishment of the plaintiff in error is in After a lapse of more than years since trea vor of the one or the with the Indians have been solemnly ratified to feel the full weight of this momentous sub- the General it U too late to deny their m ignorance of that high re- binding the numerous which is devolved upon this have been formed with the ratifications and upon in giving a decision by the President and been nothing more in an idle the treaties and kws which have been By numerous treaties with the Indian we in and if any obligations do im- J have acquired accessions of of incalculable Federal within the Except by we have not even claimed a right of through the reference has been made to the policy of the We have recognized in them the right to make United on the subject of be- No one has ever supposed that the Indians could Cue the adoption of the with the view I commit treason against the U. We have of ascertaining in what Ught the Indians have been punished them for their violation of but we - the first official relation to have inflicted the punishment on them as a undersigned is authorized to sell certain by the United For it might not on individual offenders among them as tracts of in South be improper to how they were by i gond and titles will be the European who first formed settle nd is m a rich and growing ments in this part Of the continent of eighteen hundred and two: that such is their present they are not embraced by the all the provisions of tne act of eighteen hundred and two apply to the very section which contains the it is provided that the use of the road from Washington District to Mero District should be and that the citizens under the orders of the might keep the road in And in the same the navigation of the Tennessee river is and a right to travel from to Price's provided the Indians should not all these provisions relate to the Cherokee and can it be supposed by any that such provisions would lave been made in the if Congress had not considered it as applying to the Cherokee whether in the State of Georgia or in the State of Tennessee exception to those fragments of tribes which are found in of the and which came literally within the description has been said against the existence of an independent power within a sovereign State; and the conclusion has been drav that the as a matter of cannot enforce their own laws within the territorial limits of a The refutation of this argument is found in past fragments of having lost the power of self and who lived within the ordinary jurisdiction of a have been taken under the protection of the lias already been But there has been no where the State laws have been generally extended over a numerous tribe of living within the and exercising the right of self until Georgia before her late attempted to regulate the Indian communities within her It is New York extended her criminal I have therefore thought proper to issue this my over the remains of the tribes within that warning all citizens of more for their protection than for any other or against trespassing or intruding upon These tribes were few in occupied by the within the limits of either for the purpose of settlement or as every such act will be in direct violation of the provisions of the treaty and will expose the aggressors to the most certain and summary by the authorities of the State and the United AH good pursuing the dictates of good will unite in enforcing the obligations of the as the supreme other references might be made to the pub lie acts of the 8tate of to that she admitted the obligation of Indian but the above are believed to be These acts do honor to character of tnat highly respectable the set of the United States were in good to extinguish the Ind an title to lands within the limits of so soon as it could be done peaceably and on reasonable State of Georgia has repeatedly remonstrated to take the necessary steps to fulfil the President on this and called upon the and Judicial branches of our Govern we have by ng to purchase can make a bargain I The abstract right of section of the human I solemn the existence of - race to a reasonable portion of the by which separate and distinct and as being the means ot cannot be with rights which constitute them a or 1 ing to the who And it is equally that the range of I a but a of Brown s nations or who exist in the hunter may as belonging to the be restricted within reasonable They shall I but as existing within be permitted to in the pursuit of to it a peculiar in Philadelphia prevents my extensive and rich in other j can the treaties which have been referred longer in the city of Washington human beings are crowded so closely and the law of eighteen hundred and be I therefore beg to inform those as to render means of subsistence in force within the limits of the State have expressed a desire to receive of which is paramount to all other in this I shall return | tf ves the right to every to the J act of made by Georgia to the course of one month from this and reasonable extent of so as to j in eighteen hundred and of kept a secret from the world for to afford to them an accomplishment | I he penmaking is The Penmanship and oa immutable principles publication may be obtained and of Thomas Esq. claimed by ner west of the line In this our when they I one of the conditions the United States this might have taken extent of the bad they migrated to this might have taken at their own use l of a limited extent of 1he bad they of or | on reasonable the Indian as early as the same can be - isl within the State of con- One of the in the ' t to | and one which was Ud to that no part of the country now practic al art of calculated to impress the who were ted bu the Cherokee is within is W. then with a sense of of their J the chartered of March 14lm ou then with a of The huid wss it appears that the chatter of Georgia was m mediate application is a very valuable improved may be had on accommodat for several valuable likewise All communications not be taken from the General March 6 Corner of F and 9th by THOMPSON AND Coronal a collection of miscellaneous ] tributes of 75 fo rejecting the growth of the with suitable directions except basis of I dered by the and like the State of S the payment of a valuable 1 she became a regal The effect on policy has obtained the earliest white this change to authorize the crown to alter the settlements in this down to the present in the exercise of its Some of territory may have tain it were subsequently the terms I but I do not conceive it can be of any importance Georgia subject to the Indian by commenced by the By the act of Georgia for several valuable building compliance with terms but I do not conceive it can be of any impo property to exchange for * peace was offered but the enter into a minute considerate of soil thus taken was taken by the laws of | its may asau no time has the sovereignty of the country I a certain line as the limit of that and the but unless subsequently with the assent always admitted to possess many of the parties must be considered as of All the rights which of the State of This line long to self-government have been recognized thus be contested on vested in Their right of occupancy has which may incidentally arise for judicial er been but the fee io the soil has is on this part of the to published by d rection of the Commonwealth I considered in the This may be the right to the ultimate but the Indians | certain in what light Georgia has considered price 50 on Ghosts and a present right of title to and popular Also an In some of the old her own and as to the right 1 wham small I of the Indians to self to all the trea the United States and ana popular Also an account Delusion at Salem in 1692, by James Rhode and small to self government M b A a S 75 tribes i by white and In the first she wss a ales of t by their reduced had lost the power of ties entered into between the the laws ofthe Stats have been ex- since the of the of persons thai she was represented it. making soui ces by B. B. I and was bound by their m with the Indians was public hereby E. I the being about to remove and was bound hy their although Before ths adoption the mode of that she remonstrated against the treaty the in the passage of the intercourse law of hundred and as one ofthe constituent the site wss also a party ' conduct the business at tha oil to land uie a distinct between 9th and 1Q. * 00 nhion ofthe right in the Federal to indebted to S- are requested regulation of commerce and until it should and the right of occupancy would remain m 1 to numerous and continued enquiries Lr after Improved Corn of March at the Dn a few doors this medicine is few so footing I them and the A similar W its found in other laws of passed before Ss to establish post and to land in declara in the and hundred a law of the State of opening that surveys made on Indian were null and and a fine was inflicted on the person making the maybe these treaties ars nothing more than I Option By an act of seventeen r pledges his veracity for its be considerad as severe corporal esse in from want of ths inflicted on those made or attempted M St clair Esq * mr eater Into make U. S. What fea treaty f answer It Indio hunting On the nineteenth of eighteen temporary line The exclusive ad two nations or She complained whilst the Indian title to immense tracts of country had been extinguished within the limits of little progress had been made and this was either to a want of effort on tho part ofthe Federal or to the effect of its policy towards the In one or more of the titles in fee simple were given to the to certain reservations of land 5 and this was complained by as a direct infraction of the condition of the It has also been that the policy of the in advancing the cause of civilization among the and inducing them to assume the forms of a regular government and of civilized were calculated to increase their attachment to the soil they and to render the purchase of their title more if not full investigation of this subject may not dired as strictly within the scope ofthe judicial inquiry which belongs to the present to some it has a direct on the question before the as it leads to show how the rights and powers of Georgia were construed by her public the first President ofthe United and by every succeeding a strong solicitude has been expressed for the civilisation of the Through the agent y ofthe thoy have been partially in some parts ofthe to change the hunter state for that of the agriculturist and a letter by Mr. Jefferson to the dated the ninth of eighteen hundred and he recommends them to adopt a regular Go that crimes might be punished and property He points out the mode by which a council should be who should have power to enact laws; and he also recommended the appointment of judicial and executive through whom the laws might be of the Government who resided among was recommended to be associated with their that he might give the necessary advice on all subjects relating to their the treaty of eighteen hundred and the Cherokees are encouraged to adopt a regular form of a law has been making an annual appropriation of the sum of ten thousand as a school for the education of Indian has been distributed among the different tribes where schools had been Missionary labors among the Indians have also been sanctioned by the by granting to those who were disposed to engage in such a to reside iu the Indian the means adopted by the General Government to reclaim the savage from his erratic and induce him to assume forms of had a tendency to increase the attachment ofthe Cherokees to country they now is extremely and that it increased the difficulty of purchasing as by act of cession ihe General Government agreed to is equally Georgia nor the United when the cession was contemplated that should be used in ths extinguishment of the Indian title nor that it should be procured on terms that are not may it not be with equal that it was not contemplated hy either party that any obstructions to the fulfilment of the compact should be much less by the United humane policy of the Government towards these children ofthe wilderness must afford pleasure to every benevolent and if the efforts made have not proved as successful as was still much has been Whether the advantages of this policy should not have been held out by the Government to the Cherokees within the limits of as an inducement for them to change their residence and fix it rather than by such means to increase their attachment to their present been insisted is a question which may be considered by another branch ofthe Governments Such a course have secured to the Cherokee Indians all the advantages by a white even the State of New York has never asserted the it is to regulate their concerns beyond the suppression of not the same objection to this interior independent by have been w ith as much force as at ever since the adoption of the Her chartered to the extent embraced a great number of different nations of all of whom were governed by their own and were amenable only to Has not this been the condition of the Indians within Ohio and other States exercise of this independent power surely does not become more as it assumes the basis of justice and the forms of Would it not be a singular argument to so long as the Indians govern by the rifle and their government be that it must be so soon as it shall be administered upon the enlightened principles of reason and justice not those nations who have made some advances in better neighbors than those who arc still in a savage and is not the as to their self within the jurisdiction of a the Georgia sanctioned the and conferred on the National the exclu sive right to regulate commerce or intercourse with the did she reserve the right to regulate intercourse with the Indians within her This will not be If such had been the construction of her own would they not have been Did her Senators ob ject to the numerous treaties which have been formed with the different who lived within li'ir acknowledged Why did she apply to the Executive of the repeatedly to have the Indian title to establish a line between the Indians and the and to procure a right of way through the Indian residence of governed by their own within the limits of a has never been deemed incompatible with Stale until And this has been the condition of many distinct tribes of since the foundation of the Federal is the question varied by the residence of the Indians in a territory ofthe United Are not the United States sovereign within their in any will be as realized from the parental superintendence of the and have enabled on peaceable and reasonable to comply with the act of And has it by any that the Indian which exist the are incompatible with the sovereignty ofthe State claims the right of sovereignty commensurate with her as the United States claim in their proper to the extent of the Federal This right or in some may be but not in Should a hostile force invade the at its most remote it would become the duty of the General Government to expel the But it would violate the solemn compacts with the without cause to dispossess them of rights which they possess by and have always and which have been uniformly acknowledged by the Federal it incompatible with State sovereignty to grant exclusive jurisdiction to the Federal Government over a number of acres of for military Our forts and though situated in the different States are not within their not the Constitution give to the United States as exclusive in regulating intercourse with the as has been given to them over any other Is there any doubt as to this investiture of power Has it not been by the Federal Government ever since its not only without but under the express sanction of all the States power to dispose of the public domain is an attribute of Can the new States dispose of the lands within their which are owned by the Federal 'The power to tax is also an attribute of can the new States tax the lands of the United States Have they not bound by not to tax the public nor until five years after they shall have been May violate this compact at discretion may not these powers be exercised by the respective The answer is ause they have parted with expressly for the general Why may not a State coin issue bills of enter into a treaty of alliance or confedera or regulate commerce with foreign Because these powers have been and ex given to the Federal not the power been as expressly conferred on the Federal Government to regulate the intercourse with the and is it not as as any of the powers above There being no exception to the exercise of this it must operate upon all communities of as well as Such has been the uniform construction of this by the Federal Government and of every State the question was raised by the State of the enquiry may be is there no end to the exercise of power over Indians within the limits of a by the General Government The answer in its it must be limited by 11 11 ihe of Indians shall become so degraded or reduced in as to lose the power of self the protection of the local of mini be over The point at which this exercise of power by n State would be need not now be considered if indeed it be a judicial Suelta doea not seem to arise in ibis So treaties and laws remain in full and apply to Indian exercising the 1 ight of within the limits of a the judicial poner can discretion in to give effect those when questions arise under unless they shall be deemed exercise of the power of self-government by the within a is undoubtedly contemplated to be This is shown by the settled policy of the in the extinguishment of their and especially by the compact with the State of It is a not of abstract but of public I do not mean to sav that the same moral rule which should regulate the affairs of private should net be by communities or But a sound national policy does require that the Indian tribes our States should exchange their upon equitable or consent to become amalgamated in our political they can enjoy a very limited within the boundaries of a and such a must always subject them to encroachments from the settlements around them their existence within a as a separate and independent may seriously embarrass or obstruct the operation of the State it would be inconsistent with the political welfare of the and the social advance of their that 111 independent power should exist within their this power must give way to the greater power which surrounds or seek its exercise beyond the sphere of State state of things can only be produced by a cooperation of the State and Federal the latter has the exclusive regulation of intercourse with the so long as this power shall be it cannot be obstructed by the It is a power given by the and sanctioned by the most solemn acts of both the Federal and State Governments it cannot be abrogated at the will of a It is one of the powers with bv the and vested in the Federal if a contingency shall which shall render the Indians who reside in a incapable of either by moral or a reduction of their it would undoubtedly be in the power of a State Government to extend to them the aegis of its Under such the agency of the General of must if it shall be the policy of the Government to withdraw its protection from the reside within the limits of the respective and who not only claim the right of but have uniformly exercised i. the laws and treaties which impose duties and obligations on the ral Government should be abrogated bv the powers competent to do So long as those laws and treaties having been within the of the Federal they must be respected and enforced by the appropriate organs ofthe Federal who prosecutes this writ of entered the Cherokee as it with the express permission of the and the projection of the treaties of the United and the law of eighteen hundred and He not to corrupt the morals of this nor to profit by their but to teach by precept and the Christian If he be unworthy of his sacred if he had any other object than the one if he sought by his influence to counteract the humane policy ofthe Federal Government towards the and to embarrass its efforts to comply with its solemn engagements with though his sufferings he is not a proper ol of public has been that the treaties and referred to come within the due exercise of the constitutional powers ofthe Federal thai remain in full be considered as the supreme laws ofthe These laws throw a shield over the Cherokee They to them their rights of of and the full enjoyment of those blessings which might be attained in their humble bv the enactments of the State of this shield is broken in infant ofthe are and ir laws Infamous punishment is denounced against for the exercise of those rights which have been most solemnly guarantied to thein by the these the plaintiff in error has no right to nor can he question their in so far as they affect his In this and in this view has it become in the present to consider Ihe repugnancy of ihe laws of Georgia to those of the the justice or policy of these it is not my province to Such considerations belong to tiie Legislature by whom they were They no under a conviction of by a sovereign and independent and their policy may have been by a sen of under the Thirty years have elapsed since the Federal Government engaged to extinguish the Indian title within the limits of That she has strong ground of arising from this must be but such considerations are not involved in the present they belong to another branch of tho We can look Only to the which defines our and marks out the path of our the administration of the laws of a citizen ofthe United States has been deprived of his claiming protection under the treaties and laws of the United he makes the as he has a right to make whether the laws of under which he is now suffering an ignominious punishm are not repugnant to the constitution of the United and the treaties and laws made under it. This repugnancy has been and it remains only to what has before been said by this tribunal of the local laws of many of the States in this being repugnant to the constitution ofthe United and to the laws made under they can have no force to divest the in error of his property or the right of and consequent include who reside within the limits of format 1011 of left New-York in 1831, for whence he wrote he intended to return Being in ill and not since heard any information that can be given of by letter or will be thankfully by NELSON March 22ot 108 N. Spring AND have this day received a part of their spring supply of Dry among which are some very beautiful articles for ladies entirely new with a variety of other handsome which they respectfully invite their customers and the public generally to call and examine as they will be sold unusually 1 K. daily expect their entire supply of spring goods the New York ana Philadelphia 23tf GAZETTEER London General or Geographical a description of the Rivers of the known illustrated with numerous By R. M. with valuable Historical and Statistical Details to the present by John Esq. edition 1831,) bound in ealf connected view nf the whole Internal Navigation of the United natural and present and details of the expenses of the various Rail and one by H. G. Esq. 2 sale THOMPSON fc 22
