both sides, and enjoy the fray; the reputation of religion in general suffers, and its enemies are ready to say, not what was said in the primitive times, behold how these Christians love one another, but, mark how these Christians HATE one another." And when we refer to certain newspapers in which "the drum ecclesiastic" is most loudly and wickedly beaten-with_rub-a-"as we understand it," is to enforce the 11th commandmentdub here, and rub-a dub there-it may well be said—“mark how these Christians hale one another." FROM A VIRGINIAN CORRESPONDENT. terms, are discovered to have some direct application to persons or things which never entered the mind of the writer of them*but we would encourage a greater degree of liberality, and a closer observance of what we quaintly call the 12th commandment-"Let every one mind his own business." Our business, "Love one another." And we do think that deeds, and not words-the offerings of the heart, rather than of bulls or of rains, There have been regular set tos between wrangling priests- or any other outward ceremony or sacrifice, will find acceptance whose zeal was manifestly greater "to floor" their antagonistshereafter: when the dust of all men shall be mingled in a comand, by cart-loads of Latin and Greek and Hebrew, "with" or mon mass of matter-autocrats and emperors, popes and arch"without points," send each other into the safe and fast keep-bishops, shall return to the earth as they were, with the wild ing of "the prince of devils," and gather laurels for themselves Arabs of the desert, and the filthy Hottentots of southern Africa -outrageously and indecently inconsistent with the sublime and "all without distinction lie." But we have been disgustprinciples of that religion which teaches meckness and forbear-ed with the foul and malicious things which we have seen pubance and "peace and good will to all men." And even the 4th lished in too many of the religious newspapers, and would enter of July-a day which of all others should be kept free from such an humble, but earnest protest against them all, saying "Let controversies, and mainly because that perfect rights of consci-there be peace between you." ence were established by the Declaration of Independence, has been used for the purpose of forwarding sectarian or particular Mr. Niles: You bound yourself by a promise which principally religious views, and the progress of one of the "churches" has induced me to be and to continue from the beginning a subseribeen toasted on this day! At Salem, (Mass.) a "reverend gen-ber, viz: that when you could, you would always give both sides; tleman," invited to address the people in honor of the anniver- accordingly I hope you will admit the following remarks into sary, thumped and thundered against Sunday mails; and at Bos- your REGISTER. ton, at a large dinner party, the increasing power, or numbers, Sir, you have taken liberty to represent religious newspapers of the Roman Catholic church in the United States, was seve-in a very unjustifiable light, in your number of August 3d-for ral times greeted at the "festive board!" Such things are not you say too many of them, publish "foul and malicious things;" only in "bad taste"-they are decidedly mischievous, and should and therefore that you protest against all these papers. Sir, for promptly obtain the most decided marks of public reproach, con- the same reason you should protest against the Weekly Registempt and scorn. ter, and every other newspaper, for all of them do often publish evil intention. Is it come to this, that no man must venture to foul and malicious things: but, most of them, I believe with no publish or speak against absurd, filthy, heretical and erroneous Principles in religious opinions and of such practices? You night as well protest against the Holy Bible, for its many exposures of corrupt principles and practices, and for its severe censures on them. How foul and malicious was it to expose and disgusting," as you express it, for Jeremiah to protest against condemn Ahab and Jezebel, and the prophets of Baal. Sabbath breaking, profane swearing, uncleanness and oppression: when he saw they were bringing ruin upon his country: as they soon afterwards did, even desolation and seventy years captivity; how "disgusting" to hear John, the forerunner of our Saviour, say to the Pharisees, ye serpents, ye generation of vipers, repent ye: and our divine and meek Saviour to say to the same, ye serpents, ye generation of vipers, how can you escape the sorcerer Elymas, O full of all subtility and all mischief, thou the damnation of hell; and how "disgusting" for Paul, to say to We "owe no subscription" to the rules of faith of any party of religionists-for we cannot receive the whole dogmas of any one; but we agree in practice with the good people of all, who "do justice, love mercy and walk humbly." And it always delights us to witness, or be informed of, such instances of co operating goodness as is found in the Baltimore infirmary, where our valuable and valued friend, Solomon Elling, esq. the governor of that institution and a "Jew," has a charge over the "Sisters of Charity," devoted to administer to the wants and relieve the pains of the sick and wounded and sore. No one who is acquainted with the persons just alluded to can, for an in stant, suppose that "Jew or Gentile," "bond or free," is regarded in the fatherly or sister-like kindness and care with which patients are attended-or that between the two, so different in matters of faith, there is any difference in doing what the "law and the gospel" enjoins on both. How The wonderful increase of Roman Catholics in the United States, within a few years past, seems to have much alarm-child of the devil, thou enemy of all righteousness, wilt thou not ed some other sects of professors. But these ought rather to imitate the zeal and industry of the Roman Catholics in performing what they believe is a duty, than to "utter thunders" at them which fall harmless. And on the other hand, the lofty exclusiveness which we sometimes see proclaimed by the Roman Catholics, is merely calculated to provoke enmities among the people, and render cause for saying "mark how these Chris tians hate one another"-and alas! with strict justice. leading religious denominations of Christians in our country, cease to pervert the right ways of the Lord? You charge the certainly meaning the Presbyterians, Methodists, Baptists, Congregationalists, Episcopal church, &c. as producing times threatening fire and faggot, and desiring the secular arm to prosper them-meaning, I suppose, a union of church and state. Now, sir, I can assure you that no Christian sect in our country wishsuch a connexion has always corrupted the church and oppresses an union of church and state, for each and every one knows his readers into such a false notion respecting Protestant Christians in the United States. Deists and atheists are endeavoring to excite such an alarm, without the slightest foundation, and in the face of much to the contrary. You must know that We read that "the harvest truly is great, but the laborers few." Every "church," more or less, has adopted certain "ared some of the people. I am sorry to find Mr. Niles is leading ticles of faith" which are regarded by its thorough going members as essentials; but if all these "essentials" were collected together and made into one book, a Chinese philosopher would, probably, regard the Christian religion, (as set forth in these utterly opposing dogmas), as a much more confused mass of matter than that of the various sects which abound in his own You affirm, the "drum ecclesiastic" is in certain newspapers land; and, perhaps, also claim, in his own behalf, the fact, with none such. I suppose you allude to the discussions bemost loudly and wickedly beaten. I read many and have met that a far greater number of the inhabitants of the world are of tween Brownlie and Breckenridge with certain Roman Cathohis own general way of thinking. point of shewing the duty which man owes to the CREATOR ing as pugilists, and ready to thrust like duelists; whilst they And yet on the important lic priests. You would make our citizens believe they are actby rendering kindness to his creatures, the followers of Moses are only fairly pointing out erroneous opinions and idolatrous or of JESUS-of Confucius or Mahomet, or even those who re- superstitions, and that they are feeling bitter personal enmity gard the person of Grand Lama as the visible evidence of GOD whilst they and their opposites may be, and I hope are, as would all agree. In matters of faith, every man has an un-friendly as any other fellow citizens. questionable right to judge for himself, when determining what when the nearest friends see and censure the errors and evils particular sect approaches the nearest to the dictates of his of their friends, as happens sometimes, that it is not the person own conscicace-but it is required of all men, that, using this but the evil which is hated. You and Franklin would have great and glorious liberty for themselves, they shall not interfere Christians never to expose and condemn evils in one another,‡ with or abuse others for doing the same thing. It shews a spirit because if they do it infidel scoffers will say "how these Chriswhich is in malignant opposition to the charity of the gospel; and tians hate one another." As justly and honorably might the in the beautiful parable of the "good Samaritan," and in nome-monarchists and aristocrats of Europe sneeringly say, as they rous other instances, it pleased the Great Teacher to shewid last year, when the president and congress and the legislathat professions, without works of benevolence, were utterly latures were exposing and condemning nullification, these revain. The Gentile who poured oil and wine into the wounds publicans how they hate one another. Our proceedings were a of the man who had been beset with thieves, was preferred feast to them. But let them taunt on-our strife will generate to the priest-capped Levite, who would have suffered a fel-political purity, and firm peace and union. low man to perish by the way-side. The dignified professorHuman nature in one who had a legal right to enter the temple and render mouththe best is imperfect and liable to err: and hence it happens worship there-saying "stand aside, for I am holier than thou," losophers, and all justly sometimes-and sometimes maliciousthat editors are censuring one another: also statesmen and phiwas shewn to have no religion in his soul-whereas the other, ly; but this last is always wrong, because the person, and not who might have been hacked into pieces had he penetrated even the "outer veil," was held up as an example for the fol- the evil, is the object. We are then only to beware of malice, lowers of the "Meek and Lowly." It is not often that we speak of such subjects-and for the reason that it is hardly possible to refer to the tenets or conduct of a religious sect, without finding a thousand pens ready "to leap from" their ink-stands, blackened with all the fury of partizan zeal, and sharpened by the common "danger of the craft;" and the most innocent remarks uttered, in the most general envy and indecencies. [*Were not these words prophetic on the present occasion.] Not so-but in charity, and with decency, to the manner of do- {ing it. Mr. Niles, you strangely and falsely* affirm, that the creeds of Protestant churches are, "utterly opposite dogmas." Whilst the very contrary is the truth. For if you will fairly and candidly examine the articles, creeds, confessions of faith and constitutions of the Episcopal church, of the Presbyterians, Congregationalists, Methodists, Baptists, high and low Dutch, and every regular Christian denomination: you will find they have the same Bible, and agree in the whole doctrines essential and necessary to form a good moral and religious character. Also you will find that their differences are in respect of forms of worship and church policy and discipline, necessary in some way but admitting variety and even opposite forms, as in praying-one may stand, the other may kneel. Christians, in their different sects, resemble the 24 states, all which have the same essential republican principles, whilst each state has a distinguishing name, and particular constitution, differing in some things nonessential, from others, and these all, by common consent, constitute one political body called the United States; so do Protestant Christian sects, who adhere to the Holy Bible alone, and conform to its rules of morals and religion or to the duties they owe to God and man, form the visible Christian church. On other items in your piece I would willingly make similar remarks, but I forbear. A SUBSCRIBER. We add the following, which opportunely presents itself, as contained in the "Charleston Courier," of August last. And, as a "Mr. Niles" is mentioned as one of the parties, for certain reasons it may be well to add, that the numerous persons of the name of Niles, located in the eastern states, have no affinity, unless a very remote one, with the family of the editor of this paper. The first emigrated with the Puritans, to New England -the last with William Penn, and the Quakers; the first, as just stated, is numerous but of the second no one bears the name except one cousin of the editor, and himself, and his own proper family. JOHN ADAMS. The following letter from this distinguished revolutionary patriot and sage, to the rev. doctor Bancroft, on being presented, by the divine, with a volume of his sermons, will be read with interest, not only as the product of his pen, who flourished in our independence hall, so successfully, the sword of the revolution, but as enforcing a great moral duty which it were well for both clergy and laity, to study more effectually to perform. The anecdote with which the letter closes, is admonitory and pointed. Quincy, Jan. 21, 1823. I cannot conclude this letter without adding an anecdote. One of the zealous mendicants for the contributions to the funds of missionary societies, called on a gentleman in Haverhill and requested his charity-the gentleman declined subscribing, but added, that there are in and about the town of ——, nine clergymen, ministers of nine congregations, not one of whom lives on terms of civility with any other, will admit none other into his pulpit, nor be permitted to go into the pulpit of any other. Now, if you will raise a fund to convert these nine clergymen to Christianity, I will contribute as much as any other man. I am, with great esteem, your friend, JOHN ADAMS.” Do. do. town lots, Do. do. merchants, Total, $23,190 2,096 8,880, 12,384 3,372. 1,091 8,769 1,008 1,110 31,563 $93,380 Public lands. The estimated value of the public lands to which the Indian title is not extinguished, is $500,000. Real property. The estimated value of real property within the limits of the state is $150,000,000. The population in 1830 was 422,665, making an increase of per cent. in ten years. The estimated value of the exports, it is believed, falls short of the actual value. Unless all the estimates of the secretary for several years past, based upon information collected from the different sections of the state, be very erroneous, the annual value of the cotton may be set down to at least $5,000,000. "DEAR SIR: I thank you for your kind letter of the 30th December, and above all for the gift of a precious volume. It is a chain of diamonds, set in links of gold. I have never read or heard a volume of sermons better calculated or adapted to the age and country in which it was written. How different from the sermons I heard and read in the town of Worcester, from the year 1755 to 1758. As my destiny in life has been somewhat uncommon, I must beg pardon for indulging in a little egotism. I may say I was born and bred in the centre of theological and ecclesiastical controversy. A sermon of Mr. Bry-61 ant, minister of the parish, who lived on the spot, now a part of the farm on whieh I live, occasioned the controversy between him and Mr. Niles, Mr. Porter and Mr. Bass, and many others; it broke out like the eruption of a volcano, and blazed with portentous aspect for many years. The death of Dr. Mellen, the Episcopal minister of this town, produced the controversy between Dr. Mayhew and Mr. Apthorp, who were so connected with this town, that they might also be considered inhabitants of it. I may say that my eyes opened upon books of controver-the trouble of making an estimate, and in one county, which my between the parties of Mr. Buckminster and Mr. Mellen; I became acquainted with Dyer, Doolittle and Baldwin, three notable disputants. Mr. McCarty, though a Calvanist, was not a bigot; but the town of Worcester was a scene of disputes all the time I was there. When I left, I entered into a scene of other disputations at the bar, and not long afterwards, disputations of another kind, in politics. In later times I have lived with atheists, deists, sceptics, with cardinals, archbishops, monks, friars, of the Roman Catholic persuasion; with archbishops, bishops, deans and priests of the church of England; with Farmer, Price, Priestly, Kipps, Rees, Lindsey, Dinsey and Job, with the English and Scottish clergy in Holland, and especially with Dr. Maclean, at the Hague. I have conversed freely with most of the sects in America, and have not been wholly inattentive to the writings and reasonings of all these denominations of Christians and philosophers; you may well suppose, then, that I have had controversy enough; but after all, I declare to you, that your twenty-nine sermons have expressed the result of all my reading, experience and reflection, in a manner more satisfactory to me than I could have done in the best days of my strength. The most afflictive circumstances that I have witnessed in the lot of humanity, are the narrow views, the unsocial humors, the fastidious scorn and repulsive temper of all denominations, excepting one. *This is a hard word-but it would be easy to shew where the falsehood lies, in the practice of certain religious sects, and even "Protestants," in times past-and now, in foreign countries; the general dogmas of each being the same in Europe and America: but, in the last, restrained by political liberty enjoyed, and the "disgust" with which actions on opposing "dogmas" would be, or are, received. But the remark was a general one. ED. REG. The estimate of corn and live stock may be considered large, but it does not exceed the true value. Some of the most extensive merchants in different parts of the state, have been at may be considered an average of twenty, it amounts to $10,000. In regard to the public debt, that is, $500,000 of the stock in the Union bank, it may be remarked that it is the first and only debt ever created by the state there being at all times a surplus fund on hand not appropriated to any specifie purposes. The annual expenses of the state, which are put down at $71,243, may properly be termed the ordinary expenditures; as that sum does not constitute any part of the expense incurred for education and internal improvement. In relation to the revenue, it will be observed that the estimate is put down at $93,388, being somewhat short of the ave rage amount. This would leave an annual average balance of $22,145 in the treasury, but from actual settlements the balance has been from $30,000 to $35,000, until recently it has been reduced by causes of rare occurrence in our state. The property subject to taxation by law will produce a revenue far exceeding that which is actually collected, even at the present rate of assessment. According to the legal rate of assessment, the property and polls subject to taxation making all reasonable allowances for failures, would produce a revenue exceeding the amount actually collected by $24,350. This deficiency is owing to the inefficiency of the revenue laws, and perhaps in some measure to the fact of there being at all times in the treasury a balance uncalled for. The estimated value of the public lands is confined to the section of country within the Cherokee boundary, which is subjeet to be appropriated by Tennessee for her own benefit so soon as the Indian title is extingushed. The proceeds of the sales of the Hiwassee lands amounted to $706,246; and the latter section of country does not exceed the former more than one6th. The unappropriated lands in the western district have not been taken into view, as the state is merely acting in the character of trustee or agent in the appropriation; but it is not at all improbable that a considerable fund may be derived from this source at no distant day. Thus it appears that the resources of Tennessee are almost inexhaustible. No state in the union is better able to sustain her public credit with stability, and meet her engagements with punctuality and ease to her citizens. Possessing a territory only six millions of acres short of that of Pennsylvania, she can sustain an equal population, and the probability is that at no very remote period, her population and wealth will be equal to those of that powerful state. BANK OF THE UNITED STATES. On motion of Mr. Moore, the following preamble and resolutions, heretofore introduced by Mr. Cannon, were taken up: Whereas, it is considered by the good people of the state of Tennessee, that a recharter of the bank of the United States would be detrimental to the agricultural, commercial and mechanical interest of the citizens thereof: Therefore Be it enacted by the general assembly of the state of Tennessee, That our senators in congress be instructed, and our representatives requested, to vote against rechartering the bank of the United States, should an attempt be made in congress for that purpose. Resolved, That the secretary of state cause a copy of the foregoing preamble and resolution to be furnished to each of our senators in congress. of troops through our once peaceful, but highly excited country. The mine was laid by the abominable tariff. Apply the match as Jackson is about to do, and who can tell what may be the effect of the explosion? BRIGADE ORDERS. Head quarters, (Lowndesboro,) 13th brigade, 5th division. The brigadier general having received the following order from his excellency, John Gayle, governor of the state of Alabama, viz: Executive department, Tuscaloosa, 16th September, 1833. "SIR: When the act of January, 1832, was passed, 'to reduce the size of the several divisions and brigades of the militia of this state,' the counties of which your brigade is composed, included by a previous law, certain portions of the Creek nation. "The establishment and organization of the new counties, situated in the territory ceded to the United States, by the treaty of March, 1832, did not change the limits of your brigade, and it is the same now, in all respects, that it was then. "The territory which was added by the law above referred to has never been laid off into beats, as I understand, and of course no justices of the peace have been appointed. The public service imperiously requires that a competent number of these officers should be found in every section of the state, to transact the ordinary and often indispensable business of our citizens. "I deem it, therefore, proper to direct that, with as little delay as possible, you give the necessary orders for organizing this portion of your command, and for dividing it into the proper complement of company beats. "It is believed that if a sufficient number of officers of this Mr. Yerger moved to strike out the word would in the pream-class had been present, engaged in the faithful execution of ble, and insert the word might-which he withdrew, and Mr. Jarnagan moved to strike out the preamble, which motion failed. Mr. Yerger then renewed his motion, which failed. Mr. Jarnagan moved to strike out the words agricultural, commercial and mechanical, from the preamble which motion prevailed. Mr. Yerger then moved to strike the word rechartering out of the resolution, for the purpose of inserting the words a renewal of the present charter of-which motion failed. On inotion of Mr. Vernon, the ayes and nays were taken on the adoption of the preamble and resolution. Whereupon, it appeared that said preamble and resolution were unanimously adopted, every member being in his seat. INTRUDERS ON THE CREEK LANDS. ALABAMA. their duties, there would have been none of the irregularities Now, therefore, I, Thomas B. Scott, brigadier general, in pursuance of the above order to me directed, do authorize and require of each and severally, the sheriffs of Macon, Russell, Coosa, Chambers, Barbour and Tallapoosa counties, to convené the citizens of their respective counties for the purpose of enrollment; and that they then and there proceed to lay off their counties into captains' beats; and that they hold elections in said beats for captains of companies and subordinate officers. Our readers will discover from the following order of brigadier general Thomas B. Scott, that preparations are making for the defence of the settlers in the new counties. When the organization of the militia shall have been effected, and magistrates and constables elected, any illegal proceedings of the marshal, and the soldiers under his command, can be prevented by calling out the posse comitatus-the whole military strength of the country, to execute the magistrate's warrant. Until our statues extending the jurisdiction of the state, over the land formerly occupied by the Creek Indians and laying it off into counties, are repealed, any attempt to remove a peaceable set-quired to send certified returns to head quarters. tler without a trial by jury, will be such an offence as the magistrates will be compelled by their oaths to support the laws and constitution of the state, to prevent by all the means in their power. We hope that, in the discharge of this solemn, but highly important and delicate duty, the officers of the state will exercise great prudence and even forbearance, and thereby prevent, if possible, a serious conflict with the United States? troops. The laws of the state must be enforced: her dignity and honor as a member of the union, must be preserved; above all, military despotism within her limits must be prevented; but we trust this can be done without involving the country in civil war; for it should be recollected (and in this respect we, perhaps, have erred) that the officers and soldiers of the United States are acting in obedience to executive orders, as will be seen from Mr. Cass's letter published to day. And it is also further ordered, That the captains so elected hold elections for justices of the peace and constables, at the shortest possible notice, within their beats, and make due returns to the proper officer. And it is also further ordered, That the sheriffs of the several counties do advertise, in not less than six of the most public places in their counties, for an election to be held for one colonel: viz. each and every county to form one regiment, and to be commanded by one colonel. The sheriffs of the counties embraced in these orders, are re It does, indeed, appear that the president intends to trample under his feet the constitution of the United States, and the sovereignty of the states. If there is any one thing, which the constitution does not authorize him to do, it is the sending an army into a state, to settle disputes between her citizens. He admits that the Indians, as citizens of Alabama, are subject to all her laws. The supreme court of the United States has not made any decision in this case. He has not been called on to aid the judicial tribunals, in excenting legal process. Surely the constitution does not authorize him to place himself or his officers at the head of an army at any time, and for any purpose. This contest, suddenly and unexpectedly as it rose, may lead to fatal consequences. Can the president mean to become a military despot? Can his aim be (Samuel Adams feared some ambitious president would do it), to annihilate the sovereignty of the states? We would fain think not. He is old, and having no children can have no such hellish project in view, but he is in the hands of the federalists-of those who have always desired the establishment of a strong government; and he may be influenced by ambitious spirits, who wish the storm raised by him, that they may ride upon the whirlwind into power. There are such spirits in every country. History attests this in all its bloody pages. We view with serious forebodings, the marching The importance of the immediate organization of the new counties is such, that the brigadier general deems it unnecessary even to suggest a necessity for the faithful and speedy discharge of the duties therein required. By order of the brigadier general, THOMAS. B. SCOTT. C. W. Sturgus, ass't. adj. gen. SIR: We learn from the last Flag of the Union, that you have received a reply from the secretary of war. You would confer a particular favor on us, and no doubt gratify the public gene. rally, by furnishing us with a copy for our next paper, with such other documents as you may wish published. We are, with much esteem, yours very respectfully, His excellency John Gayle. BRUMBY & BREVARD. GENTLEMEN: I can see no objection to laying before the publie the letter you refer to, of the secretary of war, and I send you a copy, agreeably to your request. Í send, also, a copy of my reply, which contains, somewhat at length, the views l'entertain in relation to the orders of the government for the removal of the settlers. I am, sirs, sespectfully, your ob't. serv't. JOHN GAYLE. Messrs. Brumby & Brevard. Department of war, Sept. 5th, 1833, SIR: I have had the honor to receive, and to lay before the president, yours of the 20th ultimo, and I have it in charge to communicate to you his views upon the subject of the intruders upon the Creek lands to which you refer. The occurrence which has resulted in the death of an individual is much to be deplored. Whether the circumstances were such as to justify the act, is not for me to judge. It is the earnest wish of the department, that the force employed in this unpleasant duty shall be applied so as to produce the desired result, with the least possible injury to individuals, and with the greatest forbearance; and such will be found to be the spirit of all the instructions which have been issued. The treaty by which the Creek Indians in March, 1832, ceded | ple protection have heen repeated and forcible. Article 5th. "All intruders upon the country hereby ceded, shall be removed therefrom in the same manner as intruders may be removed by law from other public land until the country is surveyed, and the selections made; excepting, however, from this provision, those white persons who have made their own improvements and not expelled the Creeks from theirs. Such persons may remain till their crops are gathered. After the country is surveyed and the selections made, this article shall not operate upon that part of it not included in such selections. But intruders shall, in the manner before described, be removed frow the selections, for the term of five years from the ratification of this treaty, or until the same are conveyed to white persons." They repre- It will be seen that by this article, the government assumed There are two limitations to this obligation. One excepts from its operation, "those white persons who have made their own improvements, and not expelled the Creeks from theirs, such persons may remain till their crops are gathered." As the season herein alluded to has passed away, and the crops been gathered, this provision is no longer applicable to any settler upon these lands. The other limitation is to the district of country confining the obligations of the government to remove intruders to the tracts located for the Indians, "after the country is surveyed and the selections made," and leaving the duty of removal imperative over the whole cession, until both of these objections are accomplished. The country is now surveyed, but the locations are not yet made, and considerable time must elapse before this is done. No exertions on the part of the government will be spared to accomplish this object as speedily as possible, but from reports which have been made, that impositions have been practised upon the agents employed in taking the census, and that more than two thousand names of persons are returned upon the lists, who are not entitled to reservations, and from the consequent necessity of rigid examination, as well as from the nature and extent of the locating duties, it is evident that this business will occupy some months, You do justice to the feelings of the president, in stating it as your belief, that he is disposed to "cause the treaty to be carried into effect by such means only as are clearly authorised by the constitution and laws." There is not the slightest wish, unnecessarily to injure or oppress the settlers upon these lands. I am well aware of the hardships and inconveniences to which frontier settlers are exposed, and every reasonable allowance obligations intervening, settlements have extended over the should be made for their position. When there are no other public lands without inconvenience to the country, and without the interference of the government. But in this case the rights of others are concerned, and the executive is called upon see that the treaty, "by obvious construction, permits settleto fulfil the obligations of a solemn treaty. I do not however ments upon any of the lands ceded, except reservations," &c. The stipulation is, that intruders shall be removed from the ceded lands, before the country is surveyed and the locations made; but that after these acts are done, this provision shall not operate upon that part of the country not included in the selecment did not indeed stipulate with the Indians that intruders on tions. No permission to settle is here granted. The governlands unlocated, should be removed, but the ordinary provisions of the law still apply to all persons living upon such land, and the prescribed penalty attaches to them. No Your excellency suggests that "encouraged by the treaty, by It is obvious, therefore, that the treaty imposes upon the go- the laws of the state, and the express permission of the governvernment the duty of removing intruders from these lands. It ment to settle upon and occupy them, population has moved is equally obvious, that the mode of removal is prescribed in upon them," &c. There is a misapprehension upon this subthat instrument, and is specifically provided by an act of con-ject, which I trust the enclosed documents will remove. Settlers without that permission having taken posgress: and I may add the fact, that the whole subject was fully person has moved upon this land by the permission of the goexplained to the Creek chiefs, previously to the execution of vernment. the treaty, and that they were told what were the legal powers session of the country, and the government in this as in all little inconvenience to the citizens as possible, on the applicaof the government upon this subject, and how they would be other cases, being desirous of fulfilling its obligations with as carried into effect. These chiefs were exceedingly anxions that a stipulation should be inserted, providing for the extension of the tion of the members of congress from Alabama and others, conintercourse act of 1802 over the country, and thus vesting the sented in December last, that the settlers upon the land might whole jurisdiction in the United States. But they were expli- remain till the locations were made. This was done, as the citly told that the president could not and would not assent to instructions will show, upon the presumption that the country time to put in another crop, and also in the belief that no inthis. But that as the land by the cession would become the would be surveyed and the locations made, before it would be convenience or injury would result to the Indians. In both property of the United States, all intruders from it should be removed, as they may be removed from other public lands. In try has indeed been surveyed, but the locations have not been this, after some time, and with some reluctance, they acqui- these expectations there has been a disappointment. The counesced. I have the honor to enclose a copy of an opinion of the at- and cannot for sometime be made, and the complaints of the the government for its interference. It becomes therefore netorney general, by which you will see that that officer considers Indians are assuming such a shape as imperitively to call upon it the right and the duty of the president to cause these removals to be made. Indeed, I am not aware that the constitu- cessary to terminate the qualified permission which has been tionality of the act of congress of March 3d, 1807, for preventing granted to residents. settlements upon the public lands has ever been called in question, and the considerations connected with the subject are so obvious as to preclude all reasonable doubts upon the matter. Here then is a positive duty, and an acknowledged constitutional authority, requiring the interposition of the president in the case under consideration. Are there any circumstances so imperative in their character as to justify the neglect of the obligations assumed by the government in the Creek treaty? In order, sir, that you may have a full view of this matter, I have enclosed copies of various instructions and other papers having relation to it. These will place you in possession of the principal facts. Your excellency supposes that the marshal, with an armed of settling disputes between them and the Indians. foree, is making incursions among the inhabitants with a view If the marshal, or the military detachment under his orders, have assumed such an authority, they are acting without the are stationed upon the public lands for the purpose of removing instructions of the government and contrary to its views. They intruders. There is not an individual settled upon the ceded lands, who has the slightest legal claim to remain there. There is not one who has not by the act of settlement exposed himThere is no disputes which the marshal is authorised to adjust. self, not only to forcible eviction, but to a specific penalty.As a matter of favor, and to prevent injury as far as possible, that officer was authorised to permit such persons temporarily to remain, as had not injured the Indians. The investigation of this fact may be necessary to the action of the marshal, but it I cannot therefore conceive is an investigation, not to give the right of interference, but to stay proceedings which would otherwise, under the law and what questions, "in their character strictly and properly legal," his instructions, must be had. can come before the marshal. Since the ratification of this treaty, repeated representations tions that have been issued, and I cannot but hope that the Executive department, Tuscaloosa, 2d October, 1833. SIR: I have the honor to acknowledge the receipt of your letter of the 5th ultimo, together with the accompanying documents. They have been examined with the deliberate attention due to the subject to which they relate. the light of intruders who have settled upon the public land, In mine of the 20th August, the objects I had principally in view were to suggest to the president a mode of proceeding, for the protection of the Indians in their possessions and reThe delay in making the locations was not produced by any servations, more congenial to the spirit of our institutions, thaned by but few. If the first cause of disappointment be matter of the settlers, and the injuries complained of have been inflictthat of sending among our citizens an armed force; and to call of complaint, the sin does not lie at their door, and if offences his attention to the irregularities inseparable from its employ-have been committed, justice demands that the perpetrators ment, in executing the stipulations of the treaty, of which the alone should be punished. killing of Owen is an instance. all intruders upon the country hereby ceded, shall be removed The fifth article of the treaty of March, 1832, requires "that therefrom in the same manner as intruders may be removed from other public land until the country is surveyed and the selections made," &c. For the "manner" of removal you refer ed, that, in all cases of settlement upon the public land, the It was impos-to the act of congress of the 3d Mareh, 1807, and take for grantemployment of military force may be resorted to. disposition to question the constitutionality of this act, but I doubt the correctness of your construction. I have no I did not advert to the condition of the settlers upon such parts of the "ceded territory” as were not included in the selections of the Indians, nor attempt to show that they had any right, founded either upon their claims to the indulgence of the government, or the laws of the land to remain. sible for me to anticipate the order contained in your letter to the marshal of the 26th August, directing the expulsion of our whole white population from our ceded territory. I beg leave, therefore, to submit, for the consideration of the president, my views upon this new and unexpected state of things, still trusting with undiminished confidence, that upon a review of the whole subject, he will find ample room to rescind this measure, which I am constained to believe is one of uncalled for and unnecessary severity. to restrain persons from settling on the publie lands who had It was not the intention of congress in passing the act of 1807, no object in view beyond their cultivation. Any one who is conversant with the fradulent claims which individuals as well as companies had set up to large tracts of passed, will find no difficulty in perceiving that the principal, if not only purpose of congress, was to prevent them from obtaining possession, by which they expected to give strength and validity to their claims. The Yazoo purchase, affected by a fraudulent contract with the state of Georgia, embraced thirtyfive millions of acres. It was believed by those interested in this contract, that they would be in a situation to contend with the government with better prospects of success if they could succeed in making settlements upon the territory they had purchased. It was their object to decide the controversy by suits in the attitude of defendants, by taking possession of the tract at law, and to this end they had determined to place themselves of country in which the county of Madison in this state is situated. In looking over that portion of the documents furnishing com-land, before and at the period when the act in question was plaints against the settlers, which you did me the honor to inclose for my inspection, I was at once led to the conclusion that the determination to remove them had been produced mainly, if not exclusively, by the information contained in the letters of Mr. Austil, written in the months of July and August. All these documents, except the letters referred to, and one from some of the chiefs of the 20th December last, are of a date anterior to your communication to our delegation in congress of the 8th December, 1832, giving permission to "those persons who obtained peaceable possession of the lands on which they live, &c. to occupy these tracts till the several selections are anade." It appears that the injuries complained of before this period, were more numerous, frequent and aggravated, than any which have been inflicted since. Mr. Austil has adopted the plan, it seems, of reporting to the war department, individual cases of intrusion, and when they are all summed up, they do not amount to any considerable number. and other fradulent claimants, and to prevent such persons The act of 1827 was framed to counteract the views of these It is true that the tenor and complexion of his letters are cal-posing the policy of the government, as indicated in the rules only from making settlements as entertained the design of opculated to make an unfavorable impression of the settlers ge- and regulations established by congress, respecting the territory nerally, but it is obvious that his prejudices are very strong, of the United States. that his feelings had become excited, and that a correct representation of their character, or of the true condition of the Indians, is to be obtained from some other source. If you have been led to form, from the letters of this gentlemen, an unfavorable opinion of the great body of these people, I beg leave to assure you that it is utterly erroneous and unjust. Nine-tenths of them have not interfered with the Indians, and in the upper counties, which are the most populous, not a whisper of dissatisfaction has been uttered. The country in question, as you have been advised, has been laid off into nine counties, by an act of our general assembly, and organized so as to put the entire machinery of our state government into full operation. This measure was adopted as well in conformity with the known views and wishes of the president, as in pursuance of the constitution of the state of Alabama. Several of these counties contain a population of six or eight thousand souls, and the aggregate amount will not be short of twenty-five thousand. The great object of the settlers, this year, has been to raise a sufficiency of corn and other provisions, to supply the wants of the next season, and also to obtain the necessary quantity of cattle, hogs and other stock. It is well known that the first business of settlers in a new country is to exchange their transportation for the means of subsistence, and this has actually been done by the greater portion of the population in the Creek nation. Their wagons, carts, horses, &c. are gone and very many cannot possibly leave the country within the time specified in your instructions to the marshal. The agricultural labors of these people have been crowned with success, and their crops of corn, peas, potatoes, &c. will place them during the ensuing year above the difficulties produced by the scarcity of the last. Imagine for a moment the almost total destruction of these erops, the loss of most of the stock, and the wretched and destitute condition of thousands of women and children, and you will have a faithful picture of the scene which your orders, if executed, will spread over this entire region. It seems to me that the obligations resting upon the president, to avert from this large community so dire and overwhelming a calamity are as "imperative in their character" as any which have been "assumed in the Creek treaty." At least they interpose considerations of equal weight, I should suppose, with those by which it has been induced to overlook these obligations until the present time. tlers upon whom the act was to operate are mentioned, their This view is confirmed by the fact, that as often as the setclaims are also adverted to, and the severest penalty denounced against them is the forfeiture of those claims. of the act, are permitted to remain, provided they will sign a declaration that they do not lay any claim to the land, and do All persons who had made settlements previous to the passage not occupy the same by virtue of any claim derived from any session to any person who may purchase of the United States. If they refuse to submit to these conditions, the marshal at any person whatever, and provided also they will yield quiet posauthorised to remove them, and they incur the penalty of one hundred dollars, and imprisonment not exceeding six months. time after the first of January, and after three months notice, is The evidence to be furnished against those who may be indicted, among other things, is the certificate of the register that their claims to the land they had occupied, had not been recognized and confirmed by the United States. the discretion of the president, may be removed by the marshal, Those who make settlements after the passage of the act, at and they forfeit all title to whatever claim they may have which shall be vested in the United States. persons who have occupied and cultivated the public lands, will passage of the act, shall have erected or begun to erect a grist representatives of every person, who has actually inhabited and By the act of 12th April, 1814, "every person and the legal representatives of every person, who has actually inhabited and |