‘ discover in 1
-. the freedom-of their communic
_-gforrigtt iittltlligzttta.
From the Journal qf Commerce'-
POLAND.
we gubjoin a verv interesting letter from a
éroutleman in VVars,aw, of as late a date as the
'1"-71},-ofltiarcli. It gives a most encouraging
View of the prospects of the Poles, and repre-
excrting themselves with audacity and suc-
cess in the palatiuates of Agustow‘ and Plock.
The names of tlieseintrepid men are Godle-
wski, Olorski, Bardski,,V"alentin, &c. They
are all of them held in estimatioii by the_army,
and their operations must soon'lead__to inipor-
tant results. .-‘Let us not think, therefore that
the Russians have only to appear in order to
carry every thing as they may wislh A
whole people is not to be put down in a hurry,
sems them to have been successful in every
engagement with their oppressors. While we
' ' he ‘writer a strong bias in favor (it
the Poles, we are persuaded there is much
truth in what he avers, and that the general
course of the war thus far, has been» adverse
to the Russians. According to their own ac-
counts, the latter “ have not been able to fol-
low up the advantages gained.” About _the
beginning of March, ‘every Russian was witli-
drawn from the Warsaw side of the Vistula.
on account of the expected breaking up of the
ice, aiiddown to the 21st, they had not re-
crossed, but large divisions were represented
to have retreated towards Russia, probably on
account ofa scarcity of provisions.
It was evidently the intention of the Russian
Commander to sweep every thing down at a
single blow. This is more than intimated in
his Proclamation, &. is confirmed by the state-
ments of letter-writers in the interest of the
invaders. His plans therefore, in this partic-
ular, have utterly failed. Instead of re-con-
qiiering Poland in aday, ‘he has fought day
after day in succession without gaining a sin-
gle decided adxvantage, and then is obliged to
ret-reat to the right bank ofthe river,wliere he
7 is kept at bay for several weeks in an enemy's
country, exposed to famine and disease, while
the brave Polls are recruiting their energies
and recovering from their wounds. amidst the
conveniences ofa fi iendly city, and soothed by
the hand of patriotic wouien.
In acdition to this, it must not be forgotten.
that trouble has sprung up for the Russiansin
another quarter, where perhaps they least ex-
pected it, viz: in the province of Vo1hyn;a.—
It is there that the brave Gen. Dweriiecki,
-with a force of10.000 or 15,000 men has de-
feared several bodies of the enemy, atid cap-
tured. according to the letter above mention-
‘ ed, 27' pivces of artillery. It is this which has
iven him the urine of “Cannon-provider.”
'00 the whole, we do not utterly despair of
the cause of Poland. A braver people never
breathed: and with the advantages with wh.
their position gives them, aided by the enthu-
siasm ofliberty,it is impossible to say what
they may not achieve. Should they be able to
i hold Ifltlf ground for a few months longer, it
is most likely their cause will be the common
cause of every free nation in Europe, and in
such a case, they will fare as well asthc Bel-
gians, or the French, or the millions ofardent
spirits in every part of the continent, who are
painting for the favorable moment to assert the
rights which God and nature gave them.
_ . WARSAW. March 17.
(Private Corrcspondc-nce.)—--'I‘lie notions
entertained in Europe respecting the forces of
'- Russia are so exaggerate-d,that I should al-
most fearof meeting with disbelief in stating
the cxac‘. truth on the subject. and without a-
nypartiulity. VVlicn the insurrection broke
out in Poland, the Russian troops were in
readiness to march against Fiance, and the
Polish army was to be employed as the van-
guard. ‘This fact has been proved by docii-
’ments found in.tlie residence of the Grand
Duke Constantine, and cannot admit of a
‘doubt. Thus prepared for an expedition of
much greater iniporttince,thcy entered Poland
in numbers which, according to their practice
they had made appear at least double what
they are, The truth is. that they CO[flf1l€‘IlC8(l
operations with 80,000 infantry, 20,000 regu-
lar cavalry, and a great number of irregular
cavalry, and 400 pieees ofartillery.
.The fighting commenced on the 17th of
February, and continued until the_25th with-
out interruption. Notwithstaiiding their gr: at
superiority in numbers, the Russians were iii-
variably beaten. The battles ofthe 19th and
the ‘25th were real scenes ofcarnage. Since
their entrance into Poland, the Russians would
never fight in open country, butalways on the
borders of forests, into which they re-entered
whenever threatened with an attack at the
point ofthe bayonet, or with a charge of cav-
alry. The Russians were protected by their
artillery, to which the Poles were only able
to oppose about 100 pieces of cannon ofinferi-
or calibre. It is their immense superiority in
artillery which has saved the Russians "from
entire defeat. Had the Poles been able to
choose their field ofaction, and to fightin open
country, where their charges of cavalry‘ and
attacks with the bayonet would have met with
. no local obstruction, they would have defeated
the Russians completely, The Polish cavalry,
whose superiority is well known, has never
been able to act: and yet what are the results
ofthe campaign up to the present time? The
Russians have indeed advanced, but they were
suffered to do so in pursuance of the plan a-
dopted by the Poles, and as the ground was
not disputed to them. there could be no great
merit in their progress, The most material
results for the Russians are, according to their
own ackowledgment, 30,000 killed, wounded,
or made prisoners. 58 pieces of artillery lost as
well as seven ensigns, which I have seen in
the Palace of the Government, and at the Ho-
tel de Ville.
‘- Since the 25th February the Russians have
not undertaken any thing, in consequence of
sevei-egsufferings on that memorableday, du-
ring which the Poles themselves had 9,000
men wounded. They remained some days
before Praga, but they have lately abandoned
that positioihand have commenced retreating.
Their situation is no doubt critical ; they are
apprenensive of wgnting piovisions, and the
meaiis of obtaining relief are distant. Their
wounded are in want of hospitalsand of prop-
_ er care,and after having advanced so speedi-
ly,;they find it’ necessary to retrace their steps
in order to join their reserve, so as to insure
'ons with Rus-
sia. The Russians are in Poland in the same
- sitttation as the French were in Spain ; they
can only occupy the ground on which they
"stand, and the instantthey quit it, it is against
them. This compels them to leave men every
where, and puts them constantly in fear ofpar-
' tial revolts, which it is necessary to repress.
‘ The Poles have commenced a war of par-
tisans, and will prosecute it with all the activ-
ity which may be expectedyfrom their hatred
against the Russians, and with a desperate
perseverance. Already has General Dwer-
'nicki, at the head of a corps of 20,000 men,
and with 30 pieces of artillery, (27 of which
heytook from the Itussiansj completely des-
troyed the corps of Genera Kreutz, who was
. opposed to him, and carried the war into Rus-
. sin. .He has entered Lithuania, where the
.~popnl_ation',,which is eager for independence,
'and_hold the_ Russians in as much execrntioiqi
as els'eri'liere.‘bave risen eri inasse on his ap-
proach. Otlicr partisan chiefs already are
- they have no more to give.
and _a sti‘ug'gle»for natioiial iiidepeudcncets «'-
very different thing from a more political riot.
'1‘lic Polish army is a magnificent one 5 It.
is at pi'esent.coinposed of70,000 inlantry of
the line, 20.000 ofthe finest cavalry in Eu-
rope, and 50,000 men aimed with scythes, In
the use of which they are particularly ex.
port. The whole ofthese forces are perfect-
lv equipped and exercised, and they are com-
manded by excellent cfiicers ; the only essen-
tial article they are deficient in is musl.ets.—
Let the Poles be well aimed. and the Rus-
sians are sure to be vanquislied. It is only
arms that they ask for.
The army has completed itself again since
the 2511i. All the regiments have their coni-
plements, and they are about to take the of-
fensive, because the thaw. whicli is now fast
approaching, will greatly impede the action
ofthe Russian artillery, and must also render
difficult all cointuunications with the interior.
Having given you an account of the state
of the army I shall now say a few words rela-
tive to the state ofthe country.
The whole population is under arms. Old,
young, rich, poor, nobles, peasants, have all
become soldiers,— confounded in the same
ranks,-all friends ofthe same soil, and all
equally rcady to stand or fall for the cause
which they have determined to defend. They
know that it is necessary to conquer or die,
to risk all for all. and they face death with a
degree ofenthusiiism which claims the high-
est adiniiaticn. Antiquity does not offer to
our notice a more noble cause of an oppressed
people rising against their tyrants. 'I‘liey all
hasten to offer what they possess: the father
comes with his cliildren, and places himself
along with them in the same regiment. Their
fortunes, are placed at the disposal ofthe gov-
ernment, and are pressed upon the latter, ac-
companied by expressions ofgreat regret that
This is true to
the letter, and it would be the greatest possi-
ble injustice towards the persons concerned
to doubt it.
On my arrival at Warsaw, there were zi-
bout 9,000 wounded in the hospitals. All
these have been under the immediate care
of the principal ladies of the place, who are
paying all expenses necessary for attending
them, Syc.
I will not dwell on the cruelties committed
by the Russians. Your countrymen in the
highest degree ofcivilization. would not be-
lieve in the possibility of the atrocities of
which those barbarians are every day guilty.
Murder, pillage, rape, are some of the con-
comitant evils of war; but at the present
time it belonged to the Russians to add to the
catalogue by iiiflicting horrors on harmless
and dcfenceless people, which could iiotin any
way bcjustified or excused.
L’ IE3;
POLITICAL.
From the National Iritelligcrzcer of the 23d ult.
THE LATE RESIGNATION S.
The Telegraph oflast evening, contains the
following correspondence between the Presi-
dent and Secretary of the Treasury. It dis-
closes the fact that Mr. Ingham resigned at
the request ofthe Prasidcrtl, for which the pre-
vious resignations of Messrs. Eaton and Van
Buren paved the way, and confirms the opin-
ion which we hazarded as to the true cause of
the movement. The dismissal of Mr. Ingliam
is, we believe. the first case of the dismissal of
a Cabinet ofliccr, which has occurred in 0Ul'
Goveriiiiient since the first term of Mr. Mad-
ison’s administration.
VVASIIIDZGTON, April 153., l8'.2l.
Sir: In communicating to me, this morn-
ing, the information ofthe resignation of the
Secretary of Sta‘e, and Secretary of VVar, to-
gather with the reasons which had induced the
former to take the step, you were pleased to
observe that this proceeding was made known
to me as one of those whom you had associat-
ed with you in the administration of the Gov-
ernment, and you suggested that I would, af-
ter a few days reflection, have a further con-
versation with you on this subject. But, in
rccurringto the briefremark made at the time,
as well as to the letter of resignation of the
Secretary of State, which you were good
enough to submit for my pcrusal,IIiave not
been able to ascertain what particular mat-
ter was iotcnded to be proposed for my reflec-
tion, as connected with this event. Under
these circumstances, and being desirous of a-
voiding the possibility of misapprehension as
to your views, I would respectfully inquire
whet her the measure adopted by the Secreta-
ry of State and of War, is deemed to involve
considerations on which you expect a particu-
lar communication from me, and, if so, of
what nature.
I have the honor to be, respectfully, your
obedi _-nt servant, S. D. IN GHAM.
To the President of the U. S.
VVASIIINGTON, April 19, 1831.
Sir: I am gratified to find myself entirely
relieved by the distinct explanations at the in-
terview to which you invited me, to day, from
the uncertainty as to the object ofyour, coni-
miinication yost'ei'day, which I had referred
to in my note last evening; and have to make
my acknowledgments for the kindness with
which yoti have expressed your satisfaction
with the manner in which I have discharged
the duties of the station to which you had thot’
proper to invite me, and your conviction of
the public confidence in my administration of
the Treasury Department. I beg lciivc, liow-
ever, to add, in my own justification, for not
following the example ofthe Secretary ofSt:ite
and Secretary of War, in making a voluntary
tender ofthe resignation bf my office, as soon
as_I was acquainted with theirs, that I was
wholly unconscious ofthe application, to my-
self, of any of the reasons, so far as 1 was ap-
prised of them, which had induced them to
withdraw from the public service. It, there-
fore, seemed to be due to my own character,
which might otherwise have been exposed to
unfavorable imputations, that I should finda
reason for resigning, in a distinct expression
of your wish to that effect ; this vi isli has now
been frankly announced, and has enabled me
to place my retirement on its true ground.
I have, therefore, the honor of tendering to
you my resignation of the office of Secretary
ofthe Treasury of the United States, which
you will be pleased to accept. to take‘ effect
as soon as my services may be dispensed with
consistently with your views of-the‘ public in-
tcrest. .
' I siezc the occasion to offcryou my thanks
for the many ‘lestlmonigls I have, rt'.C0ll'.(:tl of
~—
your kiiidncss andcoiifidetice, during our of’
ficial connexion, and especially for the renew-
ed assurance this day of the same sentiment.
S. D. IN GIIAM.
His Ea:cellrmcy flridrew Jackson,
President U. S. .
VV_tsHii\'c'roI~‘. April 20, 1831. '
Sir——Late last evening 1 had the honor to
receive your letter ofthat date, tenderiiig your
resignaiioii ofthe ofiice of Secretary of the
Treasury. VVl'ien the resignations of the Sco-
retary of State and Secretary of War were
tendered, I considered fully the reasons offer-
ed, and all the circumstances connected with
the subject. After mature deliberation, I con.
cluded to accept those resignations. But
when this Conclusion was come 1.0, it was ac-
companied with a conviction that I trust en-
tirely renew my cabinet. Its members had
been invited by me to the stations they occu-
pl(‘d-—ll liadcome together in great harmony,
and as auint. Under the circumstances in
which I found myself, I could not but per-
ceivc the propriety of selecting a cabinet
composed of entirely new materials, as being
calculated, in this respect at least, to coin-
mand public confidence and satisfy public 0-
pinion. Neither could I be inscnsible to the
fact that. to permit two only to retire, would
be to afford room for unjust misconceptions
and malignant misrepresent atioiis concerning
the influence-of their particular presence up-
on the conduct of public affairs. Justice to the
individuals whose public spirit had impelled
them to tender their resignations. also requir-
ed then, in my opinion, the decision which I
have stated,liowever painful to my own feel-
ings, it bccainenecessary that I should frank-
ly ni:-.ke known to you the whole subject.
In =iCC(.‘]'lllllg‘ ofyour resignation, it is with
great pleasure that I bear testimony to the in-
tegrity and zeal with which you have manag-
ed the fiscal concerns of the nation. In your
discharge of all the duties ofyour ofiice, over
which] have any coutrol,I have been fully
satisfied; and in your retirement you carry
with yoti my best wishes for your prosperity
and happiness. "
It is expected that you will continue to dis-
charge the duties of) our oflice um'l a succes-
sor is appointed.
I have the honor to be, with grcat respect,
your most obedient servant.
Al\'DREVV JACKSON.
Saml. D. Ingham, Secretary Q/‘lheTrcasur1_/.
I«'rr.=m the If/asliington Telegraph.
VVe to-day lay before our readers the cor-
respondence between the President and Sec-
rotary ofthe. Navy, on the subject ofthe re-
organization of the Cabinet. _,
lVAsmi~‘c.'roN, April 19,1831.
Sir : In the interview whichl had the lion-
or to hold with you this morning, I understood
it to be your fixed purpose to re-organize your
cabinet, and that as to myselfit was your wish
that I should retire from the administration of
the Navy Department.
Under these circumstances, I take pleasure
in tendering to you the commission, which,
unsolicited on my part, you were pleased to
confer on me. I have the honor to be,
\Vith great respect, yours, 6,-c.
JOHN BRANCH.
To the President off/zc U. S.
fffaslziriglon, .€1pril19.
Sir , Your letter oftliis date, by your son,
is just received ; accoinpanying it is your
conimissicn. The sending of the latter was
not necessary ; itis your own private proper-
ty, and by no means to be considered part of
the archives ofthe Government. Accordingly
I return it. ‘a~r~‘*-
There is one expression in your letter to
which I take leave to except. I did not, as to
yourself, express a wish that you should retire.
The Secretary of State, and of War, having
tendered their resignations, I remarked to you
that I felt it to be indispensable to reorganize
my Cabinet, pioper—that it hadcome in har-
iiioiiiiuiisly, and as a unit; and as a part was
about to leave me, which on to-morrow would
be announced, a reorganization was necessary
to guard against misrepresentation. These
were my remarks, made to you in candor and
sincerity. Your letter gives a different im;o:t
to my words.
Your letter contains no remark as to your
performing the duties of the oflice untila suc-
cessor can be selected. On this subject I
should be glad to know your views.
I am, very rcspecttully, yours.
ANDREW JACKSON.
The Hon. John Branch, Sec’ry of the Navy.
W.A.suu~‘G'roiv. April 19th, 1831.
Sin——I have the honor to acknowledge the
receipt ofyours oftliis date, in answer to mine
ofthe same. ’
In reply to your remark that there is one
expression in my letter to which you must
cxcept,I would respectfully answertliatl gave
what I understood to be the substance of
your conversation. I did not pretend to quote
your language.
I regret that I misunderstood you in the
slightest degree: I, however, stand coircctcd,
and cheerfully accept the interpretation which
you have given to your own expression.
1 shall freely continue my best exertions to
discharge the duties ofthe Dcpartnient, until
you provide a successcr. -‘
I have the honor to be, with the greatest
respect, your obedient servant,
JOHN BRANCH.
To the President U. S. ~
['Illlc,P]‘CSl(l€1ll.’S reply to this letter is in
the saute words, as the reply to Mr. lngliam,
excepting the address]
-O-
From the National Intctlligencer.
We have as yet no other information of the
causcs ofthe explosion of the Ministry, than
what are furnished by the letters which have _
passed between the several high functiona-
ries who composed it, and the President. If
nothing further is shortly disclosed in regard
to it, we slialltake up the subject on the evi-
deuce now before us, and examine its bear-
ings by what light we have, though it be :1 ve-
ry diin one.
The Pennsylvania Inquirer of Saturday,
states, on the authority of a letter “ frotn it
responsible source,” that Andrew Stevenson
is to be the new Secretary ofthe Navy. VVe
doubtit, but do not undertake to deny it.—
'I‘lie same paper states, “letters from Wash-
ington-convcy the gratifying intelligence that
the Ilon. James Buclianan, of Pennsylvania,
is the newly appointed Atloiney General.”-—
If this be correct intelligence, it would seem
that Mr. Berricn’s place ‘has been vacated
without his leave, as, owing to his distance
from Ilie city‘, he cannot have been heard from
since the revolution itilie Cabinet. We can
bartliy think, however; that less ceremony (if
lcss could he) has been used with him than
with Mr. Ingham and Mr. Branch;
here a single reflection obtrudes itself uncal-
of a ward to his guardian.
government for protection, rely upon its
And kindness, appeal to it for reliefto their wants,
and address the President as their Great Fa-
genllemen, inconscnting to remain in office
untiltheir successors come in, have shown
either more philosophy of temper than -ever
we suspected them of, or more exclusive re-
gard for the public interest than political ad-
versaries would be disposed to allow them
credit for. In their places, few men would
have consented patiently to await the arrival
of those whom they have been displaced to
make room for. W'c have come to the con-
clusion,ircm this circumstance, that what
passed in the private conferences between
these geiitlcnicii and the President, must.
have been ofa tenor difi'erent from that of
{heir correspondence. Indeed the whole do-
cm-_,eng,.,;-v information reminds us of the say-
ing Ofa c}_.r{_'}in_ satirist, that speech was giv-
en to man in order to conceal his thoughts.
,,-tuch more truly may the
In the present case. .‘_ _ , _
some he said of the art 0 “”'""’g‘ um Pres“
letely inys-
dent and his secretaries‘ MV9 °°"‘l’
tificdthe nation.
OPINION OFITHE sUi>i'=iI«.-’I.;‘E COURT
of the U. s. delivered by Mr.c1ii'J-luslice
Marshall on a motion of the C‘-heroks.° N3‘
ed by foreign nations, as well as by ourselves,
asbeing so completely under the sovereigut_\‘
and dominion ofthe United States, that any
attempt to acquire their lands, or _to form it
political connexion with them. would be con-
sidered by all as an invasion of our territory,
and an act of hostility. '
These considerations go far to support the
opinion that the framers of our Constitution
had not the Indian tribes in view when they
opened the courts ofthe Union to controver-
sies between a state or the citizens thereof,
and foreign States.
In considering this subject the habits and
usages of the Indians, in their intercourse
with their white neighbors, ought not to be
entirely disregarded. At the time the "con-
stitution was framed, the idea of appealing to
an American court ofjnstice for an assertion
ofright, or a redress of wrongs, had perhaps
never entered the mind ofan Indian, or of his
tribe. Their appeal was to the tonialiawk,
or the government. This was well under-
stood by the statesmen who framed the con-
stitution ofthe United States, and might furn-
isb some reason for omitting to enumerate
tion for a writ of Injunction and subp .33
against the state of Georgia.
This bill is brought by the Cherokee Na-
tioii,prayiiig an injunction to restrain the state
of Georgia from the execution of certain laws
oftiiat state, which, as alleged, go directly to
annihilate the Cherokees as a political socie-
ty, and to seize for the use of Georgia, the
lands of the nation which have been assured
to them by the United States in solcmn trea-
ties repcatedly made and still in force.
IfCourts were permitted to indulge their
sympathies, a case better calculated to excite
them can scarcely be imagined. A people,
once nutneious, powerful, and truly indepen-
dent ; found by our ancestors in the quiet and
uncontrolled possession of an ample domain,
gradually sinking beneath our superior policy,
our arts and our arms, have yielded their
lands by successive treaties, each of which
contains a solemn guarantee of the residue,
until they retain no more of their former ex-
tensive territory than is iiccessary to their
comfortable subsistence. To» preserve this
remnant the present application is made.
Before we can look into the merits of the
case, a piclimiiiary inquiry presents itself?-
Has this Court jurisdiction of the cause?
The third article of the Constitution de-
scribes the extent ofthe judicial power. The
second section closes an enumeration of the
cases to which it is extended, with "-_contro-
versies” “ between a state, or citizens there-
of, and foreign states, citizens or subjects.”-
A subsequent clause ofthe same section gives
the Supreme Court original juiisdiction in all
cases in which a state shall be a party. The
party defendant may then unquestionably be
sued in this Court. May the plaintiff sue in
it? Is the Cherokee nation a foreign state
in the sense in which that term is used in the
Constitution P
The counsel for the plaintiffs have main-
great earnestness and ability. So much of
the argument as was intended to prove the
character ofthe Cherokees as a State, as a
distinct political society, sepaiated from oth-
ers, capable of managing its own‘ affairs, and
governing itself, has, in the opinion of a ina-
jority ofthe judges, been completely success-
ful. Thcy have been uniformly treated as a
State, from the settlement of our country.--
The numerous treaties made with them by the
U. States recognizethein as a people capable
ofmaintaining the relations ofpeacc and war,
ofheing responsible in their political charac-
ter for any violation of their engagements, or
for any aggression committed on the citizens
of the U. S. by any individual oftlicir commu-
nity. Laws have been enacted in the spirit
of these treaties. The acts of our Govern-
ment plainly recognize the Cherokee nation
as a State, and the courts are bound by those
acts.
A question of mtich more difficulty remains.
Do the Cliorokces constitute a foreign State
in the sense of the Constitution ?
Their counsel have shown conclusively that
they are not a State ofthe Union, and insisted
that they are aliens,.not owing allegiance to the
U. States. Auaggregateofaliens composing
a State, must,they say, be a foreign State.-
Eacli individual being foreign, the whole must
be foreign.
This argument is imposing, but we must ox-
amine it more closely before we yield to it.-
The condition ofthe Indians in relation to the
United States is perhaps unlike that of any
other two people in existence. In the gener-
al, nations not owing a common allegiance,are
foreign to each other. The term foreign na-
tions is, with strict propriety, applicable by
either to the other. But the relation of the
Indians to the United States is marked by pe-
culiar and cardinal distinctions, which exist
no where else.
The Indian territory is admited to compose
a part ofthe United States. . In all our maps,
geography cal treatises, histories, and laws,
it is so considered. In all our intercourse
with foreign nations, in our commercial reg-
u'atioris, in any attempt at intercdurse be-
tween Indians and foreign nations, they are
considered as within the jurisdictional limits
ofthe United States, subject to many ofthose
restraints which aie imposed upon our own
citizens. They acknowledge themselves in
their treaties to be under the protection of
the United States ; they admit that the Uni-
ted States have the sole and exclusive right
ofregulating the trade with t.liem, and ofinan-
aging all their affairs ; as they think proper,
and the Cherokees in particular were allowed
by the treaty of Hopewell, which preceded
the "Constitution, “ to send a deputy oftlieir
choice, whenever they think fit, to Congrc-ss.”
Treaties were made with some tribes bv the
State ofNew York, under a then unsettled
construction ofthe confederation, by which
they coded all their lands to the state, taking
back a limited grant to themselves, in which
they admit their dependence.
Though the Indians are acknowledged to
have an unquestionable and heretofore un-
questioned right to the lands they occupy un-
til that right shall be extinguished by a vol-
untary cession to our government, yet it may
well be doulted whether those tribes which
reside within the acknowledged boundaries
of the United States can with strict acciiriicy
be denominated foreign nations. Tlioy may
parhaps be denominated domestic dependent
nations. They occupy a terr tory to which
we assert a title independent of their will
which must take effect in point of possession
when their right ofpossession ceases. I Mean-
while they are in a‘ state of pupilagc. Their
relation to the United States resembles that
They look to our
led for. and will have vent ; that these two ther. They and their country are consider- j
taint-d the ntlirinativc of this proposition with
them among thepartics who might sue in the
(}U_'_vrtS of the Unffltl. Be this as it may, the
peculiar fclations bet\."‘39“ the U“l“_’-d SW95
and the Inidans occupying‘ "‘r“' t°"T'l°f.V ‘"9
such that we should feel mud.“ ‘llfilculkl’ "I
considering them as designated by (he, tell"
foreign State, were there no other part °f W5
From the ./Vow London Gazette,
, GROTON MONUMENT.
We have the pleasure to inform the public‘
that the Groton Monument is now completed
—(:vitli a convenient snug stone house for the
keeper.) The contractor, Nathaniel F. Pot-
ter, Esq. of Providence, deserves great cred“;
for the fidelity, skill, and expedition, wig,
which he has accomplished the work: sucl
was his prudence and judicious systemin con.-
ducting the work, that no accident of anv
consequence, occurred among the craftsniei;
during the operation. The structureis stafo-.
ly and simple. Neither the funds appropria-
ated, nor the plain habits of the ecunomica}
people of Connecticut, would have justified.’
the committee in an attempt to vie with
their more wealthy neighbors in cost and ele-‘r
g““°9° TlleYll1eref0re wisely determined to
consult the means in their hands (whichwa
about thirteen thousand dollars) and not under-
iake a work either in style, magnitude 0,. m
terials, which they could not finish. Gover
ed by this consideration, they consulted Mr.
Towne, of New-Haven, who to his accom
plisliments as a scientific architect, adds good
common sense and judgment, in buildings o
inferior style, and magnificence.
The committee became satisfied that th
best mode in wliich they could discharge the
trust committed to them. was to confine them
selvs within the means they possessed and ac,
complish the object, in the best manner i
their power, keeping in view as near as they
constitution which might shed light on t.‘‘3
meaning of these woids. But we think tiiat|
in constructing them, considerable aid is for-
nished by that clause in the eighth section of
the third articleyvliicli empowers Congress
to “ regulate commerce with foreign nations,
among the several States, and with the Indian
tribes." -
In this clause they are as clearly contra-
distinguislicd by a name appropriate to them-
selves, from foreign nations, as from the sev-
eral States composing the Union. They are
designed by a distinct appellation, and as this
appellation can he applied to neither of the
others, neither can the appellation distinguish-
ing either of the others be in fair construction
applied to them. The objects to which the
power of regulating commerce might be di-
rected, are divided into three distinct classes
—foreign nations, the several States, and In-
dian tribes. When framing this ‘article the
convention considered them as cntirely dis-
tinct. ‘VG cannot assume that the distinc-
tion was lost in fronting a subsequent article,
unless there be something in its language to
authorize the assuinptiori.
The counsel for the plaintiffs contend that
the words “Indian tribes” were introduced
into the article empowering Congress to rog-
ulate commerce, for the purpose of removing
those doubts in which the management ofIn-
dian affaiis was involved, by the language of
the 9th article of the confederation. Intend-
ing to give the whole power of managing
those affairs to the. Government about to be
instituted, the convention defined it explicitly,
and omitted those qualifications which embar-
rassed the exercise of it as granted in the
confederation. This may be admitted with-
out weakening the construction which has
been intimated. Had the Indian tribes been
foreign natfous to the view of the convention,
the exclusive power of regulating intercourse
with them might have been, and most proba-
bly would have been specifically given, in
language contra-distinguishing them from for-
eign nations. Congress might have been em-
powered “ to regulate commerce with foreign
nations including the Indian tribes,and among
the several states.” This language would
hlsve suggested itself to statesmen who con-
sidered tliefiidian tribes as foreign nations.
and were yet desirous of mentioning them
particularly.
It has been" also said that the same words
have not necessarily the same meaning attach-
ed to them when found in different parts of
the same instrument. Their meaning is con-
trolled by- the context. This may not be e-
qually true with respect to proper names.-
Forcign nations is a general term, the appli-
cation of which to Indian tribes when used in
the American constitution, is at best ex-t;'reni’e-
ly questionable. In one article. in which a
power is given to be exercised in regard to
foreign nations generally, and to the Indian
tribes particularly, they are mentioned as sep-
arate in terms clearly contra distinguishing
them from each other. We perceive plainly
that the constitution in this article does not
comprehend Indian tribes in the general term
—foreign nations, not we presume because a
tribe may not be a nation, but because it is
not foreign to the United States. When af-
l.Cl'W8!‘dS the term foreign state is introduced
we cannot impute to the convention the inten-
tion to desert its former meaning and to com-
prehend Indian tribes within it, unless the
context force that construction on us. We
find nothing in the context, and nothing in
the subject ofthe article which leads to it.
The court has betowed its best attention on
this question, and after mature deliberation
the majority is of opinion that an Indian tribe
or nation within the United‘ States is not a
foreign state in the sense ofthe constitution,
and cannot maintain an action in the courts
ofthe United States.
A serious additional objection exists to the
jurisdiction of the court. Is the matter of
the bill the proper subject for inquiry and de-
cision P It sccksto restrain a state from a
forcible exercise oflegislative power over a
neighboring people asserting their indepen-
dence, their right to which the state denies.-
On several of the matters alleged in the bill,
for example on the laws making it criminal
to exercise the usual power of self-govern-
ment in their own country by the Cherokee
nation, this court cannot interpose. at least in
the form in which those matters are presen-
ted. That part of the bill which respects
the lands occupied by the Indians. and prays
the aid oftlic court to protect_ their posses-
sions may be more doubtful. The mere
questions of right might perhaps be decided
by this court in a proper case with proper
parties. But the court is asked to do more
than decide on the title. The bill requires 115
to control the legislature of Georgia, and to
restrain the execution ofits physical force.-—'
The property ofsucb an interposition by the
court may be well questioned. It savors ‘too
much nfcxercising political power to be with-
in the propcr province of a judicial depart-
ment. But the opinion on the point respect-
ing parties makes it unnecessary to decide
this question.
lfit be true that the Cherokee nation have
rights, this is not the tribiinalin which those
rights, are to be asserted. If it be true that
wrongs have been inflicted, and that still great-
or are to be apprehended, this is not the tri-
bunal which can redress the past or prevent
the future.
at
The motion for an iiijiiuction is dc nied.
ed on Tuesday last, having passed 32-5
laws, and among them one to abrrh
mprisonmentjor debt and to ptmuliffau
could, a model .wh_ich.would not offend publi
msje, directing their aim at a plain Monument;
givmg _‘l. height, solidity and durability” a
more awro-jiriatc than a vain attempt at ele-
gance and s,‘leP'l°7' , _
Another object with the Committee, was,
to draw the m-,,t,_‘rials from the snow where the
building is erected, and make use ofthe rong
granite, which had be."-‘D °°"5°°l'3t°¢l by U18’
blood of those whose n.'1n.'93 W9"? 10 be honor-
ed aiid perpetuated by u'..e 9dlfiCC- These
materials, thus collected, though rough a-ntfl
unpolished, derive a sort ofsanctity. from the‘
place where taken. The building is rough,
inassy, and lofty, perfect after its kind, and.‘
will probably stand when more finished ant?
expensive materials will yield to time, It is
now finished and paid for.
The following is a description of
GROTON MoNU:u1:1\"r.
It stands on the summit of the Hill 701-odg
from the shore,near Fort Griswold, in Groton,
on the East bank of the river Thames and dis‘
rectly opposite the centre of the city ofNew-/'
London. The hill is one liundred and thirty‘
feet above tide water, and rises gradually
from the river. Thefoundation rises one foot
above the surface, and is 26 feet square.-—
Tlie Base is 24 feet square of large massy
granite, Willi split faces, 3 feethigh each stone
weighing 5 or 6 tons laid in regular courses.
The stylobation or Dye is '22 feet square, of
similar stone in size and appearance, raised
in regular courses or tiers, preserving a regu-
lar bond. ‘.7 feet high with an cntablature of
bewn stone, the arcliitrave three feet face, and
the cornice tine foot face, extending on each
side one flint-beyond the d ye,or 24 feet square,
making the height from the ground 25' feet.-
On this cap is raised a square obelisk, 90 feet
base. 92 feet high, and 10 feet at top, of large
rough faced granite, laid in regular courses,
preserving the bond line throughout, finish-
ed at the top with wide flat bewn stone,~for a.
lookout, or place to stand on, this is secured‘
by a stout iron railing, on the outer edge four‘;
‘feet high. On the top and in the centre of.
the obelisk is a frame ofiron and“ copper. ri-2
sing 6 feetabove the iron railing, covered with‘
thick Boston Grass as at say light’,~_Iighting'-the"
inside of the building, which is round and con-'
ical‘. The ascent to the top. is by a" set‘- 0
stone steps, 1768 in number, rising in a- spifa
Fform, inserted in the inner wall, and secure
atthe other end by an iron railing and bannis-
ters, leaving the centre hollow, to admit light-
front-above, affording. a‘.-safe, ertsy,~ andllightli
: passage to ascend. _ ‘ ~' '
On the top is a convenient door in’ the sky’
light furnishing spectators a safe, and conven-'
ient stand from-which to view the surround- '
.ing country.- On the south and west',.i‘s=pre-
sented the Ocean and Long Island Sound',wiflr
its shores and Islands, and on the north and
east the country around. On the east, south,-
and west, there is no intervening land to
limit the sight. On the nortb,‘some bills at a.
;distance partially obstruct the view. On-
three sides vision may be extended as far‘ as
the naked eye or a glass will reach, and from~~
the top is presented one of the most sublime
and extensive prospects, that can be imagin-
ed,it will amply repay the admirers of nature"
for the toil of ascending. .
On the west side of the Monument. over’
the door, is a ma'rbl‘eslab inserted,8 feet long,
by 2 feet 9 inches wide, en which is the fol--
lowing inscription 2
THIS’ MONUMENT-
was erected under the patronage of the ‘
STATE or CONNECTICUT, i
Anno Domini‘ 1830 :- and in the 55th your 0
the Independence I
of the United States of America ;
I
‘In HONOR of the brave PATRIOTS, who fell in
the Massacre in Fort Griswold,
(near this spot)
on-the 6th of September, A. D. 1781 ;
when the British soldiers under the
command of the -
TRAITOR, BENEDICT ARNOLD,
burnt the towns of N ew-London
and Groton,
and spread DESOLATION and “fan
throughout this region.
On the south side is inserted a marble slab-
6 feet by '7 feet with the following "text, from
the 5 Chapter of Judges, 18 verse,
“Zebulon and Naphtali were a people the
“ jeoparded their lives unto the death, in big
“ places of the field-" _
Under which is inscribed, the names. of th
brave Col. Ledyard. aid his felIow'P.t'xmo'r
who fell in the Fort, on the fatal 6 of Septem
ber, 1781. The height of the Monumenkl
127 feqj.
-9- I
The Legislature of New York adjourn
57. im
dulent debtors, to take effect on the first 0 «
March next."
-C’
1.*,,._E,_A1,0u; 3 o’clock on. Thursda
Morning last, a fire broke out in_ a Com
Factory in Grassy Plain, about one_ ml
and a half from this village, belonging!
Mr. Levi Starr Benedict, which was 6
tirely consumed, together with his e_pti
stock of Combs, Tools &_.<_:. LOSS esllm
ted at'about fifteen hundred d°ll3l‘5- N
insurrance on the _property,—Rec0t'd¢t'-
Norwalk Chronicler