no other terms could a settlement have been made | ed from exercising it. Soon after the federal gov by the small bands of feeble colonists; and for more ernment went into operation, our public relations than a hundred years the new settlements would have with the Indians underwent a thorough examination been exposed to utter ruin, if the Indians had been and revisal. Your memorialists have not learned that frankly told, that they had no right to the lands in a doubt arose in the mind of a single individual, their possession, and that the whites might law fully wether these relations came within the scope of the seize all these lands, as soon as they should be strong powers given to the general government. At any enough to do it. rate, if a question arose, it was settled by the president and senators of the United States, whose decision, in this case, must be final and conclusive, unless we resort to the absurd supposition, that there is some other body, beside the president and senate, which has an appellate jurisdiction over treaties, which other body must therefore be the real depository of the treaty making power. The result of wars between the whites and Indians nay fairly be laid out of the ease; for all these wars had some other origin than the claim to assert the right of discovery at the point of the sword. With several nations of Indians, peace was preserved without interruption for more than a hundred years before the revolution, and has been continued, in like manner, down to the present day. During all this lapse of years, the Indians were treated as our faithful allies and tried friends: and were often ex pressly, and always implicitly, acknowledged to have a periect right to the lands within their territorial limits, both in regard to soil and sovereignty. At the commencement of the revolutionary struggle, the congress of the confederate states appeared before the Indian nations earnestly beseeching them to remain neuter during the war, and solemnly pledging the public faith, in that hour of distress, that if the Indians would only assert their national rights of neutrality, the United States would respect those rights, and would guaranty to the Indians their soil and sovereignty forever. In the darkest moments of the doubtful controversy, such a compact was form ed; and there is no pretence that it has ever been violated by the weaker party. The first treaty made with Indians, by the president and senate of the U. States, was negotiated with the Creeks, in the city of New York, under the eye of general Washington and his very able cabinet. The great principles of our relations with the Indians, as they had previously existed, were now fully acknowledged and settled. The national character of the Indian communities was admitted. The great attributes of national sovereignty were exercised by the Indian chiefs, in the name and behalf of their people. Reciprocal stipulations were made. The Indians consented to the relation of independent allies; and the United States guaranteed to them an inviolable territory, which territory was stipulated to be not under the jurisdiction of the United States, nor under the jurisdiction of any particular state. The whole negotiation proceeded upon the basis, that the Indians had a government always in existence; and, as their territory was admitted to be not under the jurisdiction of the U. States, it was agreed that they should deliver up criminals, "who should take refuge in their nation." Your memorialists now beg leave to call the attention of congress to the relations, which have always subsisted between Georgia and the Creek and Cherokee nations of Indians. At the first settlement of Savannah by a charitable corporation, which after- In all subsequent treaties with the Indians, the wards became a colony, a small portion of land, was same principles were followed. No fewer than sixsolicited from the natives as a favor, and for reasons teen compacts, including one under the old confedgrounded upon benefits to be conferred on the na-eration have been made between the United States tives themselves. A grant was made of such lands, as the original inhabitants had no occasion to use, with the express reservation that not a single new town should be settled by whites, unless with the consent of the Indians. When this grant was made, the chiefs of the Creek nation, out of abundant caution, solemnly protested, that they were the rightful owners of the Atlantic coast, from the Savannah to the St. Johns, with the neighboring islands, and the interior to the mountains; and that they were, and had been, in actual possession, as they could show by the heaps of bones of invaders slain in battle.allarties, that a state cannot lawfully get possesTreaties were repeatedly made between the colony of Georgia and Indian nations residing within the chartered limits of that colony; and always upon the ground of the distinct national character of the Indians, and of their rights of soil and sovereignty within their national limits. So late as the year 1785 and 1786, Georgia, then an independent state, made treaties upon the same bases; her chief magistrate, and most eminent men, being the negociators. These treaties, thus made by Georgia as an independent state, are not alleged to have been violated by the Cherokees, and are, to this moment, as your memorialists conceive, binding upon Georgia in honor, law, and conscience, except so far as they have been superceded by subsequent trea ties made between the Cherokees and the government of the United States. Nothing more need be said of the Creeks, as they have recently ceded to the United States for the use of Georgia, such part of their country as falls within the chartered limits of that state. By the federal constitution, the treaty making power was expressly given to the general govern ment, and the several states were expressly inhibit and the Cherokee nation By the treaty of Holston, in 1791, ratified by general Washington, the Cherokees received a solemn guaranty of their territory, and a new description of national limits. By the first treaty of Tellico, in 1798, ratified by Mr. Adams, the guaranty was repeated, and expressly extended without limation of time. By the third treaty of Tellico, in 1805, ratified by Mr. Jefferson, the former treaties were expressly recognised and continued in force. By the second treaty of Washington, in 1816, ratified by Mr. Madison, it appears to have been admitted by sion of Indian territory, lying within its chartered limits, except by means of the treaty making power of the United States. By the treaty of the Cherokee agency, negotiated by general Jackson, in 1817, and ratified by Mr. Monroe, and by the fourth treaty of Washington, negotiated by Mr. Calhoun, in 1819, also ratified by Mr. Monroe, permanent arrangements were made for the perpetual residence of the greater part of the Cherokee nation on their present territory; and into the last of these treaties the intercourse law of the United States was ingrafted; thus affording a pledge that the power of the national government should always be exerted to preserve the territory of the Cherokees inviolate. In all these trea ties, the whole fabric rests upon the assumption, that the transactions took place between separate communities. It is implied, in a vast variety of forms, that the Cherokee nation had a government of its own; that this government exercised a rightful authority within certain territorial limits; and that the soil and sovereignty within these limits, belonged to the Cherokees, and could not be taken from them without their consent. These treaties were fortified by laws of congress, made in pursuance of the above mentioned stipulations; and have been regarded as sacred by all branches of the general and state governments, till within a very recent period. tional and social rights, and that the honor and good SOUTH CAROLINA LEGISLATURE. Your memorialists cannot avoid the conclusion, that the bringing of state laws to bear upon the Cherokees, without their consent, or the divisions of their lands among the citizens of any state, or the compel tering the United States bank, and for instructing our senThe senate took up sundry resolutions against re-charling of the Cherokees to remove, by undue solicita-ators, and requesting our representatives in congress, tion, threats, or force, would be a violation of as of the said bank, except the bank be confined to the to use all their influence to prevent the re-incorporation plain stipulations, as the English language contains; district of Columbia; and not to permit any private stockthat it would bring great and lasting disgrace upon holders into the institution, and thereby make the said inour country; and would expose us, as a people, to the stitution a national one. judgment of heaven. the said resolutions be postponed to the 1st of January next; on which motion the ayes and noes were demanded, and taken as follows: ayes 12, noes 24. Mr. Grimke moved that the further consideration of So the resolutions were not postponed. tions, and taken by ayes and noes, as follows: ayes 26, The question was then put on agreeing to the resoluSo the resolutions were agreed to, and ordered to be sent to the house of representatives. noes 10. We would, therefore, respectfully, but earnestly, implore the two houses of congress to interpose, in such manner as may be within the scope of their legitimate powers, and save the nation, by prompt and decisive measures, from the calamity that hangs over it. From the origin of our national existence, as your memorialists believe, the government of the United States has ever been charged with disregarding the obligations of good faith. But, unless the treaties with the Cherokees are observed, according to the natural construction of language, such a charge on the establishment of a national bank, was then taken will be inevitable, and will be sustained by the deci- up, and indefinitely postponed. The following report of the committee on finance, REPORT sion of an impartial world. From so indelible a stig-Of the committee of finance upon the expediency and ma may our national character be preserved. issue a currency equal to the demand of the United 1st. It is proposed that the national government do States, for banking capital, which may be estimated at $1,000,000,000. By the solemn nature of every treaty negotiated by plan of a national bank. our national authority;-by the tender recollections the senate, instructing them to inquire and report upon The committee of finance, to which the resolution of of our ancestors, who sought a resting place in this the propriety of establishing a national bank, (purely so) western continent from the oppression of unjust and and to suggest the best means of accomplishing the obarbitrary governments;-by the unsullied glory of ject, if, in their opinion, it be practicable; have had the Washington, the father of his country, who, with his subject committed to them under consideration and disfellow patriots, in the infancy of our national govern-are of opinion that it is practicable to establish a nationment, gave the most deliberate assurances to the red al bank, which may be of great advantage to the confedcussion, and beg leave to report, that your committee men of the forest, that the general government erated and state governments. should extend to them a truly paternal care, and that submit, as briefly as possible, the plan they would sugthe engagements of the government with the Indians gest upon this interesting subject. Your committee will should be honorably fulfilled, according to the understanding of the parties;-by a regard to the reputation of our public agents, who, during a period of forty years, have ratified documents of precisely the same character, purporting to be national treaties, but now threatened to be cancelled;-by that sympa thy with the weak and defenceless, which spontaneously arises in every generous and honorable mind; -by that abhorrence which every upright legislator will feel at the suggestion of measures that rest upon the brute force and disregard the claims of justice;-by the dread of incurring reproach from the wise and good, in remote countries and distant ages;-and above all, by the apprehension of the Divine displeasure, which will not fail to punish a nation, that, unmindful of its engagements, and swayed by motives. of temporary interest and narrow policy, disregard the cries of the oppressed, and the sufferings of the helpless by all these considerations, your memorialists intreat your honorable body to interpose and save the Cherokees from such injustice and oppression, as can hardly fail of accomplishing their ruin, and of bringing opprobrium and perpetual shame upon our country:- And your memorialists, as in duty bound, will ever pray. Signed by order, and on behalf, of the meeting, PETER SHARPE, JOHN TORREY, } Secretaries. New York, 28th Dec. 1829. The following resolution was passed at the same meeting: "Resolved, That it be recommended to our fellow citizens in all parts of the country, to petition congress on behalf of the Cherokees, and other south-western tribes of Indians, that they may be sustained in the undisturbed enjoyment of their na rateably among the several states, according to represen 2d. Let this amount of capital of $1,000,000,000 be tation in the house of representatives in the congress of distributed among the states, if not by convention, then the United States. the United States for payment of the currency thus issued, and the states receiving it as banking capital, are 3d. The general government are to pledge the faith of to pay for the same one per cent. per annum. it out to their citizens, which they can readily do at three 4th. The states may either bank on this capital or let per cent. per annum. the faith of the states is to be pledged to those taking the this capital, or by the currency to be issued. ment to prevent any loss to the same, upon any capital The result of this project would be the addition of 100,000,000 of dollars circulating currency to the present capital of the country. A sound currency and a eirculating medium would thus be established, and the rates of exchange equalized. The union of the states would be strengthened and firmly established, and the national wealth increased. views, which, if adopted by the senate, they propose Your committee recommend the consideration of these the communication of them to our senators and representatives in the congress of the United States. JOHN L. WILSON, chairman. House of representatives, Dec. 16. Mr. Preston called up the report of the special committee on so much of the governor's message as relates to the general government, when a motion was made to Jay on the table the following resolutions, recommended for the adoption of the house, viz: Charleston district assembled at the City Hall on Friday last, for the purpose of adopting certain resolves upon the subject of the rail road. The fulness of this meeting (the largest that has taken place for many years in Charleston) evinced the deep interest taken in the fortunes of the city, and the success of the rail road as a "Resolved, That it is expedient that his excellency great means towards their improvement. We do not the governor open a correspondence with our delegation remember to have seen on any occasion, so strong a in congress, and concert such measures with them dur-meeting of substantial and enlightened citizens.. The ing the recess of the legislature, as the events of the pre-merchants generally attended, and in fact all those whom sent congress may, in their judgment, make necessary. business permitted to attend; and the result was highly "Resolved, That this honse repose a high confidence gratifying, to all who are solicitous and anxious for the in the zeal, firmness, and discretion of the governor, well being and prosperity of Charleston. and our delegation in congress." And, on the question to agree thereto, the yeas and Days were required, and are as follows, viz: yeas 42nays 72. The question being decided in the negative, the resolutions were not laid on the table, but agreed to as amended. A motion was then made to lay the preamble in the report on the table, and on the question to agree thereto, the yeas and nays were required, and are as follows, viz: yeas 42, nays 69. 'The question being decided in the negative, the preamble was not laid on the table, but the report was agreed to and ordered to the senate as follows, viz: The committee to whom was referred so much of the governor's message as concerns the relations of this sta 'e with the general government, beg leave to report, that the committee concur with his excellency in the estimate which he puts upon the high qualities of the president of the United States, and participates in the confidence reposed in his virtue and patriotism; this feeling was manifested with a more absolute unanimity in this state than in any other in the union, and the general course of policy indicated by the president's inaugural address and his late message, is such as to justify our partialities in the reform of the public expenditure. In the maintenance of a candid and dignified policy towards foreign nations, and in the more important matter of the extinguishment of the public debt, he will have the best wishes and most zealous support of those who took the deepest interest in his well merited elevation. In regard to that subject which has excited so much sensibility in this state, and which effects so deeply its interests and welfare, your committee could have wished that the authority of his great name had been more decidedly with us-a modification of the tariff of 1828, without a relin- | quishment of the principles on which it is founded, while it cannot relieve or palliate the losses and sufferings it has produced, would, in no respect, satisfy the spirit in which Carolina has resisted it. Your committee would not, at this time, express any fears of an indisposition in the congress of the U. States to redress the evils of which this state has complained, but relying on the firmness and energies of the state to vindicate the principles she has avowed, they would patiently wait until the proceedings of congress shall either undeceive us, or shall satisfy all minds that the government which, in the language of his excellency, "is the best in theory," may be so perverted as to be made the worst in practice; and that our constitutional confederacy is overthrown by a combination of interested majorities, against which there is no conservative power but that which resides in the states as sovereigns. Your committee recommend the following resolutions, viz: Resolved, That it is expedient that his excellency, the governor, should open a correspondence with our delegation in congress, and obtain from them all such information concerning the events of the present congress, and the measures necessary to be pursued by this state, as in his judgment may be proper, to lay before the legislature of the people. Resolved, That this house repose a high confidence in the zeal, firmness, and discretion of the governor, and of our delegation in congress." INTERNAL IMPROVEMENTS. From the Charleston city Gazette of January 4. PUBLIC MEETING. Agreeable to public notice three days previously given, a large concourse of citizens of The hon. Thomas Lee, obeying an unanimous call of the assembly, took the chair, and upon motion of Mr. Ker Boyce, Mr. Edwin P. Sturr, was requested to officiate as secretary. Col. Benjamin F. Hunt offered to the consideration of the meeting, the following resolutions: Resolved, That we consider the success of the rail road as of vital importance to the interests of Charleston and the state of South Carolina. Resolved, That we recognize the propriety and expediency of inviting congress to take stock in the South Carolina canal and rail road company. Resolved, That a committee of twelve be appointed by the chairman, to memorialize congress, in behalf of the people of this district, on the subject, and whose duty it shall be to request the delegates of South Carolina in congress, and particularly our representative, col. Drayton, to advocate the memorial. The chair having read the resolutions entire, offered them singly for consideration. The question was put upon the first resolution, which was unanimously adopted. The second resolution was then read and offered for adoption, when it was opposed by the hon. J. L. Wilson, who moved that it be disagreed to, and offered several arguments in support of his motion. He was replied to, in a clear, manly, and forcible manner by the hon. Thomas S. Grimke, who supported the resolution with arguments at considerable length. This gentleman was followed on the same side by William Lance, esq. To this gentleman succeeded Charles R. Carroll, esq. also on the same side of the question, and at considerable length. These were followed, in reply, in a graceful speech by William P. Finley, esq.; to whom succeeded James G. Holmes, esq. also in opposition to the resolution. Col. Benjamin F. Hunt, in a very impressive address in support of the resolution, closed the disenssion. The question was now loudly called for from all parts of the house, and upon being put by the chair, the second resolution was carried by an overwhelming majority. The third resolution followed, and was adopted without dissent. Leave was granted the chair, at request, to appoint the committee of twelve at leisure. Col. Hunt then moved that the chairman of the meeting preside as chairman of the committee; which motion was unanimously agreed to. The meeting was then adjourned. The Charleston Patriot publishes the following extract of a letter from the hon. Wm Drayton, to the president of the South Carolina canal and rail road company. Washington, Dec. 31. "I yesterday received the petition to congress of the South Carolina canal and rail road company, which I have this morning presented, and had referred to the committee on internal improvements. I regret that, without a departure from opinions which I have frequently expressed, it will not be in my power to aid the application of the company." From the Albany Argus, Jan. 7. At a late meeting of the common council it was resolved to request some one of our citizens to proceed to Washington, at the public charge, to aid, by a personal attendance, the application to congress for an appropriation towards removing the obstructions to the navigation of the Hudson. At the unanimous request of the board, the hon. James Stevenson, late mayor of the city, has SCHUYLKILL NAVIGATION COMPANY. The amount of tolls received in the year 1825, was 1826, 1,083,808 00 During the year 1829, there were 4 convictions fomurder, in each of which executions took place, and 28 convicts, confined in the state prison, were pardoned. Of the 627 prisoners in Auburn state prison, 81 are confined a second time-and 57 of the 584 convicts at Sing Sing. A large proportion of these are boys, for petit larceny. The convicts at Auburn do more than support themselves and pay the expenses of their safe keeping. The amount of cost, &e. is not given. In 1825, there were 819 insane persons in the state; but by the excellent treatment in the Lunatic Asylum at New York, only one out of 60 or 70 persons under care, was in close confinement. The capital of the common school fund, is $1,661,081 in productive stocks, &c. and 839,000 acres of land.The revenue of the ensuing year will be $109,981. The school districts that have been organized amount to 8,847, of which 8,270 have made returns: 238 new districts have just been formed. The returns shew that 480,325 $2,361,055 99 children, between the ages of 5 and 16, have been taught at these schools an average of eight months in the year! increase in the year 12,120. The public money paid" on account of these schools, was 214,840 dollars-100,000 from the funds, and the rest from taxes on the several districts, or particular funds held by towns for this noble purpose. In addition to this, $297,048 have been paid for teachers wages alone, in the common schools of the state-making the whole public and private cost of such schools 511,888 dollars, besides books and stationary furnished, &c. A large sum is distributed to the academies and colleges, and the students are numerous-but particulars are not given. 2,236,937 25 41,785 06 39,979 24 611 04 $2,361,053 99 $15,775 74 43,108 87 1827, 58,149 74 1828, 87,171 56 1829, 120,039 11 The progress of the business is declared to have been quite equal to the expectations of the most sanguine; and from the preparations made and making by individuals at the coal mines in constructing railways, as well as the improvements in opening and working the mines, together with the increase of the number of mines and of persons engaged in working them, there is every assurance that it will be rapidly accelerated. The increase in the coal trade has been greater than in any previous year, being equal to near 70 per cent. advance on that of the year 1828. The whole quantity brought down in 1829 was 79,973 tons. The amount of tolls received in 1829 from coal, was And from merchandise, &c. other than coal There is shewn to be an increase of Equal to about 38 per cent. The general fund of the state on the 30th November 1828, amounted to $1,629,985-which produced a revenue in 1829 of 117,550-other receipts 55,000, together 172,550; but the expenses of the year amounted to 291,500. The deficiency was supplied by a transfer of funds, and making the general fund indebted therefor, &c. 120,000 acres of land belong to the latter fund. The state owes no debt, except on account of the ca nals. The ordinary expenses of the present year are estimated at 264,000-there is due from the general fund to the literature and common school fund 158,365; whole sum to be provided for $422,365. The revenue, proper, is estimated at 306,393. The balance, it is suggested, may be paid by selling bank stock or collecting bonds and mortgages. There appears to have been a deficiency in the regular revenue for several years past-or a decrease of the "general fund." It is suggested that taxes will soon become necessary, in aid of this fund. The present population of the state is estimated at $77,032 1,900,000 souls-though it furnishes large supplies of 43,007 persons for the west. [Now, as it is known that 480,000 children attend the common schools eight months in the $120,039 year, one fourth of the whole population are being edu 87,171 cated. What is the proportion in Maryland, and the states further south? We hardly think that it amounts to $32,868 4 out of 100 of the whole population, instead of 25, as in New York; but, casting aside the negroes as nothing, and regarding the white inhabitants only, perhaps, 7 or Of the tolls of 1829 there arose from the ascending navi- in an hundred may go to school an average of six months gation Leaving for the descending trade $27,853 in the year. And, if this supposition be any thing near 92,186 correct, the fact, of itself, is sufficient to account for that loss of moral power and political influence which is $120,039 so much regretted by some in the south as to make them Of the tonnage conveyed on the canal in 1829, there was ready to insist, that well educated white men in the north, of the ascending trade tons 21,820 because that they are honest and make livings for them112,704 selves, shall be ranked with their black working machines! That will not be effected-and the aristocrats will only tons 134,524 have to console themselves with increasing their preten105,463 sions to dominion, in proportion as the power to support them dwindles away. And of the descending trade Making the whole tonnage in 1829 The editor of the "Miner's Journal" supposes that the capacity of the canal is equal to the transportation of 350,000 or 400,000 tons, annually; and says the double locks may be constructed, when they shall become necessary. NEW YORK STATISTICS. The following interesting statistical items, we have gleaned from the late message of the governor of New York to the legislature of the state, in session at Albany, 1 he present amount of the canal debt is 7,706,013*-, the gross revenue from the canals in 1829, was 790,983 if lean -the superintendence, repairs and improvements cost | Swine, if fat The tolls and duties just mentioned are pledged to the payment of the canal debt, and cannot be directed to any other purpose, until such debt is paid. There belongs to the Oswego canal fund from 150 to 200,000 dollars, in bonds, &e for lands sold. This money, as collected, will be applied to the principal of the debt. Surveys and estimates have been made in reference to the Chenango, Chemung and Crooked Lake canals, which the canal commissioners are authorised to construct on certain conditions. The present state of these is not given. The Hudson and Delaware canal is completed, to assist in which the state authorised issues of stock to the amount of 300,000 dollars. The transportation of coal was commenced on this canal in October, and by the 19th December last, 7,000 tons, which sold at from 7 to 8. dollars per ton, had reached the Hudson. It is expected that in the ensuing season, 360 tons per day, will pass through this canal!" It appears that the state expended, during the late war, 350,000 dollars for the erection of fortifications on Staten Island, which are now in a state of decay. It is proposed to sell these works to the general government, it being within the plan of defending the harbor and city of New York to erect batteries on the island named. By certain treaties with parties of the Oneida Indians lately concluded, New York has become possessed of 3,470 acres of valuable land, in the heart of the state. The former possessors had emigrated to Green Bay. The revised statutes are now in full operation, and gov. Throop congratulates the people, that "the laws are clothed in plain language, collected and arranged under proper heads, amended in many respects, and put into a shape adapted to a long continuance." We have taken considerable pains in making out the preceding abstract-which will be found more convenient than the message itself, as to the principal facts contained in that document. "TREASURY DOCUMENTS," Accompanying the annual report of the secretary. TARIFF OF FRANCE FOR 1830. [Notes-Mechanical necessity has compelled the omission of a column shewing the French weights as compared with those of the United States-but a slight attention to the references will only be required to make the comparisons, so far as shewn in the document. 100 KilN.-KB.-KBB.-KNB.-KenN, &c. are marked as equal to 2203 American pounds. + Except KBB. opposite copper, chocolate and earthen ware, which are put down at 226 lbs. 100 K. opposite scientific memoirs, is also 226 lbs. 1 KilNB. is equal to 2 lbs. 3 oz. 44. The preceding are all the references, as to comparisons of weights, made in the statement.] Fish, pickled, or in oil 100 KilN* 107f. 50c. $19 95 3-4 oysters pickled 100 B 44f. 8 25 27f. 50c. 5 75 5-8 salt pork, lard included Skins, undressed, fresh, of lambs or goats 1f. 10c. 20 seals dry, large skins If. 10c. 20 15f. 2 81 1-4 of hares and rabbits dressed, rabbit if. 18 3-4 100 KenN 1f. 20 18 3-4 4f. 75 each 11. 20c. 221-2 11 1-4 45 90c. 167-8 90c. 167-8 white, yellow and grey fox, of Virginia 20c. 03 3-4 |