Western Sun & General Advertiser, Volume 22, Number 10, Vincennes, Knox County, 16 April 1831 — Page 4

-if f

FOR THE WKSTERN SUN. LINES Addressed to a Blue Bird on the approach of Spring. Thou art welcome to me my blue-breasted friend, I have long been looking for thee; I knew that so soon as the winter would end, That again thou wouldst come to laz.

As carfy as 1782, the journal of Con-1 ment. To effect this would have requl-

gress will show that no claim of such aired the operation of quite a diffeitnt

character was countenanced by that body

In that year the application ot a tribe of Indians residing in S Carolina, to have certain tracts of land which had been reserved for their use in that state, secured to them free from intrusion, and without the right of alienating them, even with their own consent, was brought to the consideration of congress by a re port from the Secretary of War. The resolution which was adopted on that occasion is as follows: "Resolved. That it be recommended to the Legislature of South Carolina to lake such measures for the satisfaction and security of said tribes as the said Legislature in their wisdom may think fit."

Here is no assertion of the nht of

In climes of the south thou hast tarried long, tl . l. Jl.. ...... 1 J ... U,... 1 . . 1 . 1.

um g. juiy wu.uSt ucc. C c under lhc articles of confeder To gladden the eroves with thv hvelv sone. : "''b111"' u"..' .... . . ...

And the heart ot thy tnend to cheer

Now choose thee a nest in the little dome That I have prepared for thee; For I am thy friend, and that is thy home, And thou shalt be happy and free.

No foe of deep ill shall annoy thy nest, Thy watchman and guardian I'll be; In peace, thyself and thy partner may rest, And look, for protection from me.

Then sweet little blue breast be happy and sing, And banish all vestige of sorrow; For while thou art with me, thy life shall be spring, So build thee a nest on to-morrow. A WANDERER. i , i

principle, and the intervention of a tri

bunal higher than that oi the treaty-making power. To infer from the assent of the government to this deviation from the practice which had before governed its intercourse with the Indians, and the accidental forbearance of the Slates to assert their jurisdiction over them, that

they had surrendered this portion of their sovereignty, and that its assumption now is usurpation, is conceding too

much to the necessity which dictated those treaties, and doing violence to the

principles of government and the rights

of the States, without benefitting in the

My opinion remains fbe same; and X can' see no alternative for them, but that of their removal o the west, or a quiet submission to the state laws. If they pre fcr to remove, the United Slates agree to defray their expenses, to supply them the means of transportation, and a year's support after they reach their new homes a provision too liberal and kind to deserve the stamp of injustice

Either course promises them peace and happiness, whilst an obsiinate perseve

rance in the effort, to maintain their pos sessions independent of the state awho

rity, cannot fail to render their condition still more helpless and miserable Such

an effort ought therefore to be discoun

tenanctdby all who sincerely sympathise

... TUB INDIAN QUESTION. Mesage from the President of the Uni

ted States, in compliance with a resolution of the Senate, relative to the execution of the act to regulate trade and intercourse with the Indian tribes; and to preserve peace on the frontiers, passed the 30th March, 1802; FEBRUARY 22, 1831 To the Senate of the United States: I have received your resolution of the 1 5th insr. requesting me t4to inform the Senate whether the provisions of the act entitled An act to regulate trade and intercourse with the Indian tribes, and to preserve peace on the frontiers passed the 30lh of March, 1802. have been fully complied with on the part of the United States government; and, if they have not, that he inform the Senate of the .... ... . .

Nre okis mat nave lnauceu the governrnewi flu der.linft the enfmrpmnnf nf ciH

?t,-janu i now reply to the same:

Accordin? to mv views of that act re

ferred to, I am not aware of any omis

flion to carry into effect its provisions in relation to trade and intercourse with the

Indian tribes, so far as their execution

depended on the agency confided to the Executive. The numerous provisions of that act, designed to secure to the Indians the ptaceable possession of their lands, may be reduced, substantially, to the follow ings That citizens of the United States are restrained, under sufficient penalties, from entering upon the lands for the pur pose of hunting thereon, or settling them, or of giving their horses and caule the benefit of a range upon them, or of traelling through them without a written permission, and that the Piesident cf the United States is authorized to employ the military force of the country, to secure the observance of these provisions. The authority to the President, however, is rot imperative. The language is, "it .shall be lawful for the President to take

auch measures, and to employ such military force, as he may judge necessary to remove from lands belonging to or se Cured by treaty to any Indian tribe, any citizen who shall make a settlement thereon."

By the 19th section of this act, it is provided that nothing in it shall be construed to prevent any trade or intercourse with the living on lands surrout.ucd by settlements of citizens of ibe United States, and being within the ordinary jurisdiction of any of the individual State " This provision I have interpreted as being prospective in its operation, and as applicable not only to Indian f tribe which at the date of its passage V'C subject to the jurisdiction of any --J5tafe, but to such also as should hereaf

ter become so. To this construction of

its meaning I have endeavored to conform, and have taken no step inconsistent with it As soon, therefore, as the

sovereign power of the state of Georgia ?as exercised, by an extension of her

Jaws, throughout her limits, and I had received information of the same, orders Tvere rjven to withdraw from the state the " ops which had been detailed to pre-en intrusion upon the Indian lands TTithi i ir; and these orders were executed The reasons which dictated them Chall be f.aokly communicated. k The ur inri rl - : i : .1.

- r i"- iv.tymiru 111 mo sec

f io 'ast quoted was not fjr the first time

V .h en avowed.

ation, to interfere with the jurisdiction of

the Stales over the Indian within their limits; but rather a negotiation of jt. They relused to interfere with the subject, aud referred it, under a general re commendation, back to the State, to be disposed of as her wisdom might decide If, in addition to this act and the Ian

guage of the article of confederation,

any thing further can be wanting to show

the early views of the government on

the subject, it will be found in the plan issued by Congress in 1783 It contains

this language: "The United States, in

Congress assembled, have thought pro

per to issue their proclamation, and do

hereby prohibit and forbid z persons from making settlements on lands inhab ited or claimed by Indianu, without the limits or jurisdiction of any particular state." And again: "Resolved, Tha

ihe preceding measures of Congress relative to Indian affairs, shall not be construed to affect the territorial claims ol any of the states, or their legislative rights within their respective limits " It was not then pretended that the General Government had the power, in their relation with the Indians to control or oppose the internal policy of theindividual states of this Union; and if such was the case under the articles of con fedci ation, the only qusstien on the sub

ject since must arise otn of some more

enlarged power or authority given to the General Government by the present Constitution. Does any such now exist? Amongst the enumerated grants of the Constitution, that which relates to this subject is expressed in these word: ''Congress shall have power to regulate commerce with the Indian tribes " In the interpretation of this power, we ought certainly to be guided by what had been the practice of the government, and the meaning which had been generally attached to 'he resolves of the old Con

gress, if the words used to convey it do not impoi r a different one, as far as it affects the question of jurisdiction in the individual States. The States ought not to be divested of any part of their ante cedent jurisciction, by implication or doubtful construction. Tested by this rule, it stems to me to be imquestiona ble, that the jurisdiction of the States is left untouched by this clause of the Constitution, and that it was designed to give to the General Government complete

control over the trade and intercourse of

those Indians only who wee not within the limits of any State.

From a view of these facts referred to,

and the uniform practice of the Govern

ment, it is manifest that, until recently,

it has never been maintained that the right of jurisdiction by a State over the Indians within its 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 resided, and where a few of them yet remain These tribes have been left to the undisturbed control of the States in which they were found, in conformity with the view which hos been taken of the opinions prevailing up to 1789, and the clear interpretation of the actof 1802. In the State of New York, where several tribes have resided, it has been the policy of the Government to avoid entering into quasi engagements with them, barely appointing commis sioners 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 ex

ception to this policy As early as 1784,

the settlements within the limits of North Carolina were advanced further

to the West than the authority of the State to enforce an obedience of its law;

others were in a similar condition The necessities, therefore, and to the acknowledged principles of the Government, must have suggested the policy of treat ing with the Indian? in that quarter, as the only practical mode of conciliating their good will. The United States at that period, had just emerged from a protracted war, for the achievement of their independence At the moment of

least degree the Indians. The Indians, in the fortunes of this peculiar people,

thus situated, cannot be regarded in any and especially by the political bodies of other light than as members of a foreign the Union, as calculated to disturb the

government, or of that o! the State harmony of the two governments, and to

wiuun wnose cnarterea limits tney re endanger the safety ol the many bles side. If in the former, the ordinary le- sings which they enable us to enjoy.

gisiation of Congress in relation to As connected with the subiect of tbis

them, is not warrantee ny tne ionstitu inquiry, I beg leave to refer to the ac

tion, which was established lor the bene- companying letter from the Secretary

fit of our own, not ol a toreign people: 0f War, enclosing the order which pro if in the latter, then, like other citizens cetded from that Department, and a let

or peop c resiucnt wnnin tne limits ol terlromthe Governor of Georgia.

the Slates, they are subject to their ju

lisciiction and control. To maintain a contrary doctrine, and to enforce it by the employment of a military torce, would be to place in his hands a power to make war upon the Stales and the

ANDREW JACKSON.

Si 2Ltot of ZLcttcrs

1 EM AINING in the Post Office at Yin

ii cennes. Ki.ox countv, la., the quarter

liberties ol the country a power which ending the olst March, 18 jl, which it not

should be Dlaced in the hands of no in taken out in three months, will be sent to

Hivi.iiiBi the General Post Office as dead letters.

U I W w v 1

If, indeed, the Indians are to be re A. John Law, 4.

carded as Deonle nossessint? riehis Uhn N.Allen, 2. Henry S Law,

J " O IT--,. J T-l -

which they can exercise independent ol osnu A , x, 7 -xnae

the States, much error has arisen in the ;

intercourse or the povernrnent with I

- 0 neneca Aiiny, them. Why is it that they have been Joseph Arpin, gs

caueu upon to assist in our wars, witn b. ,

the privilege ot exercising their own James tSurns, discretion? If an independent people, Oaniel Bishop,

they should, as such, be consulted and Robert Beazleyf2.

nrUUfH wilh- hnl lhfw hnvp nn hppn W llhani ljacel.

' , j I t,.., o

In nr. nrrlfr whirh tvj, U.tiPrl In mo vji 5c nuuci ,

...... r w ' Isaac Blackford, from the War Department, in Septem rAr,ta;n nrirp

I ,r. .L- -

oer, mis langunge is employee: Col. Bell, A!l the friendly Indians should be or Mary Bell,

gamzed and prepared toco opetate with James D Benet,

vour other forces- There appears to John G.Broucher,

be some dissatisfaction arnonrr the oranam uarKman, Asa Aichord,

ru,!.. iUr r..;nrici,;n c..: K.edok Bozewcll. John Mitchell.

ces should be secured without delay Hr

I he friendly Indians must be fed ar.d jacob Bened;ct

pain, ana maae to Jignt wnen ana where c.

their services may be required. I o Wm. B. Clifton, 3.

an independent and toitign people, this Eliz. H.Coleman,

would seem to be assuming, I should vv m. yummins, tnnniisc. rnfhpr tnrt Inffv r inni rn I Philip Clarke,

r, , . - f w I T..1 c

niiiiii iijv tiuibiiiuiviii kvuiu iiui nave M I ! A I 1.'

i. ..v wu. o.uv, t JollIl Ca.h Richard Palmer,

mai ugnt. Again, oy me onsiuuuon, john S. Camp. 2. Thos. & John Fope,

me power 01 ueciaring war ueiongs ex Jonn rock.

clusively to i, ongrress. We have been D.

often engaged in war with the Indian Samuel Dunlap,

tribes within onr limits: hut wlf n havp PamueiiJurinl

these hostilities been preceded or accom

panied by an act of Congress declaring

war against the tribe which was the ob

ject of them? And was the prosecu

tion of such hostilities and usurpation.

in each case, by the Executive, which Charles English,

conducted them, cf the constitutional JwUn Elliott, 2.

nnwrr of Congress? It must hnvft bfrn

so, I apprehend, if these tribes are to be Gtorge Fof er

considered as foreign and independent samuei jj. Green,

nations. rior.ro-o no..

The steps taken to prevent intrusion Lewis Gowcn,

upon Indian lands, had origin with the WiNi1" Gamble,

commencement of our goveinment,and raeter.

" ' " " "j r .fe.-. it

1 nnn :.u.i. .: i ' i

noil in louii. tiuiiiic icsci vauuns nuicn y iJai..:n

have been mentioned in favor of the ju a. c, vv. Hunter

risaiction ot tne states, wiln tne ex John Howell

ceptionof South Carolina, who has uni Benj. Harrison, 2.

formly regulated the Indians within her John Holtselow,

limits without the aid of the general Jackson Harbin, rvriapnmi-nt lhi.v huo Kn fr. ! , w ii k in J OC 1.

v iviiimviii, uwwu iui r 11111111.7 . -Ill all the states of the south, without being falan,cl laler

understood to atiect their rights or pre- Elizabeth Jones, Cornelius T. VVolfe.

vcoi mo exuu 01 mcir junsuicuoo, Kobert N. Johnston, Stephen Webb,

wnencver tney were in a situation to as- K. John Webster,

sume and entorce it. ueorcia, thoueh Warren C Keeth. A. Westfall.

materially concerned, has, on this p in- Marcellus Withers,

cinle. forhore to snread her lp.n-iilatiAn William L.ownds, John Y oune.

r-, trviIV CfrtTT ,

ow i i, r. Ai

William Denny,

John A. l)iis.

Patrick Dunagan,

h. S. Drake,

John Durell,

'John Myers,

John McCord, Robert McClure, Wm.R.McCall, Francis Mohana, Maria Miller, William Miner, Samuel McClure, Jacob Myers, Frederick Markle, James McCoy, John McClure, Isaac Miner, A. L. Mills.

H. B. Netherton, O. Robert Oliver, P. William Purcell, 2. Joseph Purcell, Richard P. Price,

H. or F. Powers,

A. G. Roberts, Samuel Rodarmel, David Reel, Daniel Rollins, Daniel Rawlings, Godfrey Reel, Ann Rawlings, Benj. F. Ruby, Jacob Roler, E. S. Riley, David Reaugh, S. Michael Shafer. S. K. Sneed, Thomas Sayre, A. B. Spalding, Samuel A. Stewart,

Wallace W.Sullivan,

James K. Sneed, W. Stone, Catharine Shower, T. Samuel Tomlinson, Win. Taylor, U. John Underwood, V,

Abr'm Vanarsdell, 2.

Sarah Withers,

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SAMUEL C. ATKINSON. 112 Chesnut Street. Philadelphia.

further than the settlements of her own

white citizens, until she has recently

perceived within her limits a people

claiming to be capable of self govern ment, sitting in legislative council, or ganizing courts, and administering jus tice. To disarm such an anamalous in

vasion ol her sovereignty, she has decla

April 1, 1831.

8--3t 156 1.

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ny, ccc. from the most popular English ami American Magazines, Annuals, &r. with copious original contributions of value. The great and increasing popularity cf the: Ariel has induced the Editor to offer the foI lowing LITERARY PREMIUMS. 1. Any person who will procure seven subscribers, and forward SlO, shall receive a copy gratis. 2. For ten subscribers, and S15, a copy rf the Pearle (a Philadelphia Annual) "for 1830 & 1831, the two containing 15 beautiful engra ings, and a copy of the Ariel. 3. For twenty subscribers, and the subscription money, the Pearl for 1850 c 1831, and the Atlantic Souvenir and Boston Token for 1831, elegantly bound, the four containing near 45 splendid engravings, and tho Ariel. 4 For twenty-eight subscribers, ar.d the subscription money. Hume, Smollett and Bissau's History ef England, in 9 large vo lums, with 9 fine engravings, elegant! bound, also the Ariel. These works are warranted perfect, and will be delivered free ct cost in Baltimore, Charleston, New Orleans, Pittsburg, NewYork, and at the Ariel office, or sent as otherwise directed, but in that case at the own er's risk. Orders may be sent in immediately and premiums will be promptlv forwarded. Specimens of the Ariel will be forwarded on application, post paid, to such as wish to possess themselves of any cf the premiums. i-At least one of the above liberal premiums could be gained by the reader of this, in his own town, as the work is cheap beyond all precedent in the histon of American publications, and if his efforts are extended to the adjacent villages, probably all of them could be secured. EDMUND MORRIS. January, 1831. 95 Chesnut, St.

It is confirmable to 'he ! iis conclusion, manv ol these tribes, as

U .iform practice of the Government be-1 powerful as they were ferocious in their

fore the adoption of the constitution and

amounts to a distinct recognition bv Con

mode of wa fare, remained in aims, desolating our frontier settlements Un

Ere-5 at tha early day, of the doctrine! der these circum stances, the first trea

that iljat instru ncRi had not varied the; lies in 1785 and J790 with the Chero powers of the Federal Government over! kees, were concluded by the Govern Indian aflYirs from what they were un- mcnt of the United States, and were evi der the article cf confederation. It is dentlv sanctioned as measu.es of neres

Dot believed fnat there is a single instance ,itv. adanted to fhe character of the In

dians, and indispensable to the peace nd security of the Western frontier But thev c.nnot be unrkrs'ood a- chanr

,n he puVic.i! reUtions of ie Indians

m fie legislati of the country in which theindi ins hive been regarded as posaeMn poli'ic.il rights, independent o the control and uih'ritv of the Sij s

within the limits of which the resided. to the States, or the Federal Govern-1 the Federal Government to prevent it.

EXECUTOR'S NOTICE.

WE undersign; d has taken Letters Xrestamcntary from the Piobate

rnef Vanderburgh county, and State

ndiafo, on hr last will and testament

red her determination to execute her of Edward Riooi, deceased, late of

own laws throughout her own limits, a tvansvii.e, m said county, l his is to sten whirh crmc in have hern anricina- "oliiV al1 thOSe indebted to the estate to

ted by the proclamation of 1783, and come forbid and make payment imme-

which is perfectly consistent with the aie.y, naviog ciaims win 19th settion nf the not of 1802. Ac please present them for settlement. The

coiding to the language and reasoning estate is solvent from every information

of that section, the tribes to the south receiveu. .hi.lulll, and southwest are not onlv "surrounded Testamentary Ex r.

' I T : I J 1 l 1 m, .an,

bv settlpmpntof riii7Pn of th tlnitrcl xvansvinc, iaicn u,

States," but are now also "within the ordinary jurisdiction of the individual states." They became so from the moment the laws of the state were extended over them, and the same result follows the similar determination cf Alabama and Mississippi. These states have each a right to claim in behalf of their position, now. on this question, the same respect which is conceded to the other states of the Union. Towards this race of people, I entertain the Kindnest feelings; and am not sensible that the views which I hae taken ol their true interests are less fatnrable to them, than those which oppose their emigration to the west. Years since, I stated 10 them my belief, that if the states chose to extend the hsover

them, it would i.ot be in the nowei of

Dissolution of Partnership. f 3 HE partnersnip heretofoie existJi ing under the firm of Wheeler &

Webb, is this day dissolved by mutual!

consent. All persons owing the firm, and those to whom the firm is indebted, are requested to call without delay on H D. Wheeler, who is duly authorised to settle all accounts of the fiim. The business in future will be con

ducted in the name of H D Wheeler.

H D WHEELER, DAVID WEBB 1831 3-tf

I ducted in i lbb. 24,

iH.irrou $c $intcv II A VE the pleasure of informing their L 17" 7J.. 1! .

rwiias ana inc piioiic generally, muii'try hare received, and are noir opening, ageju ral assortment of merchandize. amonr

-c f. 1 -..71 f. 4.-itmi1 m..Hni .t.

1 iilL.'t u id c jtjuitik uui 1 trie jjiuin Blue, Olive, Brown and Green clcth.nry superior brown Sflight-bluo canzinrt.1 Red, White aid Green Flannel Rose Mackinaw and Point Blankits Super Black Italian Lutestring ,S7J- and Tab." ry by Velvets Bomhazetx, Plaids, Ca rubric? Calicoc.f, Glo-cs, Hosiery, Fashionable Bonnet and Belt Ribbons, Leg' horn Boimtis, Fancy Soaps, Cologne Water, Silk and Marseille Yestings, Rrewn and Bleached Donrestics, Prunella, Morocco and Mens Leather Shoes Fine and Common Hats, cc. Sec. together i-ith

an assortment of Hardware, Iron, bteel, Castings, Fresh. Groceries and Quctnsware, they are determined ' to ojft r at the lowest rates for cash cr merchantable produce of any kind. They take this opportunity cf inform ing tiie customers of the Xincinnc Stcan Mill that in future that estalli-hmi rt wiii be under the immediate rr.anagemmt of one of the frtn; and they hope that their invariable disposition to acco .-r.ro. fure wtll ensure them a zkarc cf putlic patro

nage.

CJ7

Hags ! Rags ! Hags !

CASH,ov UORIC, will U given foi VTThr highert market price fcJ

an) quantity ol clean Emnen or Ctt en j Wheat, Corn ard Sa ur-!is. 8GM It the FSSKTA offlCC. J ptVLnMr, 1S?:J