The Register of Pennsylvania : devoted to the preservation of facts and documents and every other kind of useful information respecting the state of Pennsylvania, Vol. IX, Part 71

Author: Hazard, Samuel, 1784-1870
Publication date: 1828
Publisher: Philadelphia : Printed by W.F. Geddes ;
Number of Pages: 440

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the Christian religion. If he be unworthy of this sacred office; if he had any other object than the one profess- ed; if he sought, by his influence, to counteract the hu- mane policy of the Federal Government towards the Indians, and to embarrass its efforts to comply with its solemn engagement with Georgia, though his suffer- ings be illegal, he is not a proper object for public sympathy.

It has been shown, that the treaties and laws referred to, come within the due exercise of the constitutional powers of the Federal Government; that they remain in full force, and consequently, must be considered as the supreme laws of the land. These laws throw a shield over the Cherokee Indians. They guarantied to them their rights of occupancy, of self-government, and the full enjoyment of those blessings which might be attain- ed in their humble condition. But by the enactments of the State of Georgia, this shield is broken in pieces- the infant institutions of the Cherokees are abolished, and their laws annulled. Infamous punishment is de- nounced against them, for the exercise of those rights which have been most solemnly guarantied to them by the national faith.

Of these enactments, however, the plaintiff in error has no right to complain, nor can the question their va- lidity, except so far as they may affect his interests. In this view, and in this view only, has it become neces- sary, in the present case, to consider the repugnancy of the laws of Georgia to those of the Union.

Of the justice or policy of these laws, it is not my province to speak. Such considerations belong to the Legislature by whom they were passed. They have, no doubt, been enacted under a conviction of right, by a sovereign and independent State, and their policy may have been recommended, by a sense of wrong, under the compact. Thirty years have elasped since the Federal Government engaged to extinguish the In- dian title within the limits of Georgia. That she has strong ground of complaint, arising from this delay, must be admitted; but such considerations are not in- volved in the present case: they belong to another branch of the Government. We can look only to the law, which defines our power, and marks out the path of our duty.

Under the administration of the laws of Georgia, a citizen of the United States has been deprived of his liberty; and claiming protection under the treaties and laws of the United States, he makes the question, as he has a right to make it, whether the laws of Georgia, un- der which he is now suffering an ignominions punish- ment, are not repugnant to the Constitution of the Unit- ed States, and the treaties and laws made under it. This repugnancy has been shown; and it only remains to say, what has before been often said by this tribunal of the local laws of many of the States in this Union, that, be- ing repugnant to the Constitution of the United States, and to the laws made under it, they can have no force to divest the plaintiff in error of his property or liberty.

The following is a copy of the Mandate of the Su- preme Court in the Cherokee case, which we have ob- tained, and now publish, for the further information of our readers on this subject .- Nat. Int.

SUPREME COURT OF THE UNITED STATES, JANUARY TERM, 1832.

SAMUEL A. WORCESTER, Plaintiff in Error, rs. Tas STATE OF GEORGIA. In error to the Superior Court for the County of Gwinnett, in the State of Georgia.

The plaintiff who prosecutes this writ of error, en- tered the Cherokee country, as it appears, with the ex- This cause came on to be heard on the transcript of the record from the Superor Court for the County of Gwinnett, in the State of Georgia, and was urged by counsel; on consideration whereof, it is the opinion of this Court, that the act of the Legislature of the State press permission of the President, 'and under the pro- tection of the treaties of the United States, and the law of eighteen hundred and two. He entered, not to cor- rupt the morals of this people, nor to profit by their substance; but to teach them, by precept and example, [ of Georgia, upon which the indictment in this case is VOL. IX. 32

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THE INDIAN LANGUAGES, &c.

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founded, is contrary to the Constitution, Treaties and Laws of the United States; and that the special plea in bar pleaded by the said Samuel A. Worcester, in man- ner aforesaid, and relying upon the Constitution, Trea- ties, and Laws of the United States aforesaid, is a good bar and defence to the said indictment by the said Sa- muel A. Worcester; and as such ought to have been al- lowed and admitted by the said superior Court for the County of Gwinnett, in the State of Georgia, before which the said indictment was pending and tried; and that there was an error in the said Superior Court of the State of Georgia, in overruling the plea so pleaded as aforesaid. It is therefore ordered and adjudged, that the Judgment rendered in the premises by the said Su- perior Court of Georgia upon the verdict upon the plea of Not Guilty afterwards pleaded by the said Samuel A. Worcester; whereby the said Samuel A. Worcester is sentenced to hard labor in the penitentiary of the State of Georgia, ought to be reversed and annulled. And this Court, proceeding to render such Judgment as the said Superior Court of the State of Georgia should have rendered, it is further ordered and adjudged that the said Judgment of the said Superior Court be, and hereby is reversed and annulled; and that Judgment be, and here- by is, awarded that the special plea in bar, so as afore- said pleaded, is a good and sufficient plea in bar, in law, to the indictment aforesaid, and that all proceed- ings on the said indictment do forever surcease, and that the said Samuel A Worcester be, and he hereby is, henceforth dismissed therefrom, and that he go thereof quit without day. And that a special mandate do go from this Court to the said Superior Court, to carry this judgment into execution.

March 5, 1832.

From " The Friend."

The Indian Languages and Pennsylvania History. (Continued from page 222.)

of polished life-that he is endued with a heart and a soul formed after the image of his Maker.

But great as must be the interest attaching to the In- dian languages, and the history of Indian life, it is but natural that we should feel a more direct and immediate curiosity, to know the characters and adventures of those by whom they were supplanted and overrun. The difficulties and dangers by which the first settlers of this country were every where surrounded, present a most appalling spectacle. Driven by the iron hand of religions persecution from their native climes, they had to encounter in the new world only another form of danger and rigor, of privation and austerity. In some colonies, the natives, exasperated at their intrusion upon the possessions peaceably enjoyed by their ancestors, crushed them, at once, with the murderous tomahawk. In others they were exposed to constant alarm and in- cessant peril from the occasional fury with which the Indians would sally forth to rescue their hunting grounds from ruinous innovations. It was reserved for William Penn and his companions to smoke the calumet of peace with the aboriginal owners of the soil. The first care of the founder was to propitiate them by tokens of ami- ty and promises of friendship, which, on no occasion, and under no pretext, were to be forgotten or infringed. This rule of conduct, to which he punctiliously adher- ed, secured to his province not only an exemption from the hapless fate of some of the sister colonies, but the kindest offices of unsophisticated affection. No act of depredation, authorized by the Indian councils, was committed for a long series of years; and the Quakers who followed their leader to the banks of the Delaware, realized, in their security from the inroads of transat lantic vice and foreign oppression, and in the quiet te- nor of an unambitious life, many of the charms ascribed by the sublimated fancy of the poet to the golden age;

Non tuba directi, non aeris cornua flexi, Non galæ, non ensis, erant; sine militis usu Mollia securæ peragebant otia mentis.

Heckewelder's " Ilistorical Account" of the Indians of Pennsylvania, which forms a large portion of the vo- lume we have been considering, is entitled to all cre- dence. Efforts were made by the North American Re- view, about the time of its appearance, to discredit its accuracy; but our knowledge of the excellent opportu- nities of the venerable individual, joined to his irre- proachable character, has sustained him against all at- tacks. No one who will read the able vindication of it by William Rawle, and the fervid and eloquent tribute of Roberts Vaux, another diligent inquirer, to the vir- tues and magnanimity of the Indians, will believe that the picture is too leniently drawn, or too benevolently coloured. Heckewelder viewed the Indians in a very favourable light. He has given instances of kindness so disinterested, of generosity so noble and chivalrous on the part of the uncorrupted Indian, as to excite our admiration, and win our applause. When we read his descriptions of the sincerity and lasting nature of their friendship-their simple-hearted hospitality-and their commanding greatness of mind, we are compelled, in despite of our horror at their cruelty and repugnance to savage life, to deplore their hard fate and to pity their misfortunes. We shall not stay to impeach the doc- trine of the imperfect tenure of hunters which a re- lentless policy now finds it necessary, in all its rigour, to revive against the Southern Indians; but we may be per- mitted to hope-if indeed they must be driven from the meliorated birth-place of themselves and their fathers- that some regard will be paid to the conveniences and adaptation of the country to be given them in exchange, and that some security will be rendered for its inviola- ble ownership and perpetual enjoyment. There let the work be resumed which, in Georgia, was impeded and stopped; and let the world at last be convinced that the red man of the American forest is susceptible of the arts | fore. The estrangements to which interested enmity

Here, blest with peace, and the fruition of those com- forts which toil could procure, they went on soberly prostrating the woods around them, and accumulating the means of future happiness and plenty. This simple and virtuous race of men continued unambitiously to pursue the duties invoked by their new situation, re- gardless of the splendors and pageantry of the country they had abandoned. It is to such habits, on the part of our worthy progenitors, preserved and transmitted from age to age, that the present thrift and agricultural eminence of Pennsylvania are mainly to be attributed. As they left their native home for a superior possession, it was not to be presumed that political distinctions, a state establishment, or religious intolerance, would en- ter into the social system. Upon each of these, the proprietary laid his solemn interdict, in a code of laws, universally admired for its justice, its mercy, and its adaptation to the mutual wants and conveniencies of so- cial and political man. During his life, though a few malcontents of the provincial assembly contrived to in- termingle in the cup of amity and concord some of the bitterness of wrath and the malignity of anger, yet the poison was soon expelled, and quiet, order, and harmo- ny returned. Charges originating in factions motives or aspiring pretensions, were occasionally preferred against him by the leaders of what was styled, at that early period, the popular party. The proprietary saw at one time arrayed against him the subtlety of David Lloyd, urging his relinquishment of the quit rents; at another, the wrangling and bitter spirit of Keith, in- tent upon estranging the affections of the people by every art which a mind, prolific in objections to the go- vernment and teeming with new schemes of religion, could invent. These, however, were but clouds which soon disappeared from the colonial horizon, and left its political atmosphere more tranquil and placid than be-

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sometimes succeeded in giving a temporary existence, were mostly the harbingers of an increased reverential atttachment. They loved him with the devotion of a parent-they regarded him, in every emergency, as a tried, steadfast, and superior friend. In all their scenes of petty trial -- not the less important in their estimation because so in fact-in all their heart-burning's and bitter distress-even while Governor Evans was playing off his mischievous and frightening alarms-the good colo- nists looked unwaveringly to Penn, as their buckler and

their shield. When the equipoise given to the State by his character was withdrawn, the colonial elements be- came uneven and unsteady; and the re-organization of

the old factions, under the titles of the proprietary and popular, was the consequence. Then ensued a scene of angry and continued controversy between the descend- ants of Penn and the assembly; and charges and recri- minations-murmurs of disapprobation upon one side, and sharp menaces upon the other-followed cach other in long and uninterrupted succession. The popular party at length found a keen and able champion in Dr. Franklin, who performed, for a long period, a promi- nent part in the drama of public affairs. About the time of the appearance of his celebrated " Historical Review," distinguished as well for its asperity and injus- tice to William Penn, as for its great ability in represent- ing existing grievances, the assembly resolved upon petitioning the British crown for a regal instead of a proprietary government. This measure would in all probability have been prosecuted with the utmost ar- dor, but for the injudicious movements of the English ministry, which now determined the provincialists of Pennsylvania, in concert with the other colonies of North America, to absolve their connexion with the parent country. The war of the revolution terminated the contemptible bickerings which had so long disgraced and distracted her councils; and party jealousy and per- sonal ill-will were thrown into the shade, or entirely swallowed up by the greater passion with which she now felt herself animated. It is to the developement of this story, continued through the struggle to which we have just adverted, and following it up to the most recent times, that the volumes of the Historical Society of Pennsylvania are devoted. This is indeed but a bald outline of the objects intended to be displayed. The lives and characters of the original settlers, though not much attended to in the Memoirs before us, are particu- larly commprehended within the design and objects of the association. In a word, to ascertain the truth before the time has elapsed when it is approachable-to elicit facts now the subject of dispute and contradiction -- to commemorate the worth and talents of those who either contributed to establish the empire in the beginning, or assisted, at the expense of their blood and treasure, in maintaining her rights since-to fix with precis on what she is entitled to on the score of intellectual, lite- rary, and scientific fame-to exhibit her geology, and develope her resources-in short, to explore every sec- tion of her natural and artificial history-all enter into the contemplation of the society. What divisions of this immense region of information have been traversed, the volumes published will testify. They have certain- ly augmented the stock of knowledge relating to Penn- sylvania-rectified errors-and removed doubts, which, from the apparent tranquillity with which they were cherished, promised to be perpetual. To specify no others, the proofs adduced as to the locality of the first treaty made between P'enn and the natives; the settle- ment of the question as to the authorship of Washing- ton's farewell address; the exhibition of that justice which characterized l'enn's commerce with the Indians; the defence of Heckewelder's history; and the removal of the aspersion against Governor Mifflin, of his parti- cipation in the unworthy plot to displace General Waslı- ington, manifest a spirit and industry which merit high commendation. But we cannot help esteeming two ar- ticles of these volumes with a peculiar complacency,

because, perhaps, they more directly tend to gratify the feverish sensibility or vain-glorious direction of our American feeling on the exciting topic of letters. One relates to our provincial writers generally, under the modest title, "Notes on the Provincial literature of Pennsylvania," by T. J. Wharton, and the other by J. F. Fisher, devoted to our colonial poets!

Whatever may have been the intellectual culture and literary taste of the first settlers of l'ennsylvania, and the zeal with which science and the muses may have been privately cultivated and invoked, it does not ap- pear that learning was very munificently fostered by the colonial legislature. The founder, it is true, was prompt in complying with the duty which devolved up- on him, by a provision in his " frame of government," promulgated before his arrival in the province. He in- corporated a body in 1697, under the denomination of " The Overseers of the public schools." The semina- ries thus established were confined to the city and vi- cinity of Philadelphia, and were placed under the su- perintendence of individuals belonging to the same religious society with himself. The principal academy in Fourth street was able, by the erudition of its teach- ers, to keep alive a competent knowledge of the an- cient classics among a considerable number of the youth of Philadelphia. The incorporation of these schools, however, is the only direct encouragement which learn- ing received, either from the provincial council or the assembly, during the existence of the colonial govern- ment, if we except the establishment of the University of Pennsylvania, and the charity school attached to that institution. The former received its charter in 1753, and the latter was chartered and moderately en- dowed by the proprietaries two years after, though it had existed by private subscription since 1749. But as it would be unjust to deprive the assembly of any of its reputation for public spirit, we must not omit, that, besides two private acts authorizing particular churches to raise small sums of money by lottery, for the erection of school houses, two laws were enacted, one in 1712, and the other in 1730, respectively granting permission to "all religions societies of protestants," to purchase lands and tenements for schools, cemeteries, churches, and hospitals. These comprise every act, connected with the subject of education, which can be found upon the legislative records, from the settlement of the pro- vince to the revolution.

Lest, however, the assembly should seem wholly to have forgotten the interests of science for so long a pc- riod, it may be mentioned that the sum of £200 ster- ling was appropriated in 1760 to the purchase of a re- flecting telescope with a micrometer, and the erection of observatories for noticing the transit of Venus. Two years after, David Rittenhouse experienced their libe- rality, by receiving the donation of £300, which was voted as a testimony to the genius displayed in the con- struction of his orrery. The cause of science and let- ters in the province found a true patron, a munificent contributor, in Thomas Penn, the last surviving son of the founder. He presented to the college of Philadel- phia about $12,000, and one-half of a manor in Hucks county, containing three thousand acres, besides found- ing and endowing a library at Lancaster ..

J. R. T.'

[ To be Continued.]

From the Philadelphia Gazette.

PROCEEDINGS OF COUNCILS.

Tuesday, April 11, 1832.

SELECT COUNCIL .- Mr. WORRELL presented the annexed petition of George Witman, which was re-

· Called, in honor of his wife, " The Juliana Libra- ry."

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PROCEEDINGS OF COUNCILS.

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ferred to the Paving Committee to take such order as they may think proper.

To the President and Members of the Select und Common Councils of the city of Philadelphia.

The petition of the subscriher respectfully represents, that he is desirous of occupying, during the pleasure of the city authorities, a small portion of Beech street, near to the south of Lombard street, upon which to mould some bricks, from clay on his premises, immedi- ately about, and adjacent to said street.

The situation of the street is now, and always has heretofore been impassable from Pine to South street, and he apprehends no individual of the community could be at all inconvenienced, and your petitioner as in duty bound will ever pray, &c.

GEORGE WITMAN.

The following communication from the City Commis- sioners was received, and so much of it as relates to the curb stones, was referred to the Paving Committee, and the remainder to the Committee of Accounts.

CITY COMMISSIONERS' OFFICE, April 12th, 1832. S

To the President and Members of the Select Council.

Gentlemen :- The City Commissioners respectfully submit to Councils, printed statements of their accounts for the first quarter of 1832, together with a list of their receipts for market rents, and miscellaneous receipts; and also of the contracts entered into by them during that period, and a statement of the expense of the new paving done.

They further respectfully state to Council, that fre- quent complaints are made by the owners of property, of their curb stone being taken up and re-set without their consent, and in cases where the Paving Committee and City Commissioners have given no authority to do so. The Commissioners respectfully suggest to Coun- cils whether it would not be proper to pass an ordi- nance, prohibiting, under penalty, the setting or re- setting of curb stones unless permission in writing shall be first obtained from the Paving Committee or City Commissioners.

By order of the City Commissioners. ROBERT H. SMITH, City Clerk.

The annexed communication from the City Clerk was received, and referred to the same committee.

CITY CLERK'S OFFICE, 2 April 12, 1832.

To the President and Members of the Select Council.

Gentlemen :- The City Clerk respectfully submits to Councils, a printed statement of his receipts for entries of hackney coaches, wagons, carts, drays and wheelbar- rows; and also for permits for placing building materials during the first quarter of 1832, together with an ac- count of his payments to the City Treasurer during that period. Respectfully submitted.

ROBERT H. SMITH, City Clerk.

The City Treasurer transmitted a statement of his quarterly accounts, which was also referred to the same Committee.

Mr. DUANE, as chairman of the Girard Committee, made the following report and resolution which were adopted; and Messrs. Neff, Massey, Hood and Sullivan were appointed the committee.

To the Selecl and Common Councils of the City of Phila- delphia.

The committee on Girard's Legacy, recommend to Councils the adoption of the following resolution, viz: Resolved, that a committee of two members of each Council, be appointed to cause Water street to he sur- veyed and a plan to be prepared for laying out the

same anew, in such manner as that the same shall be as nearly straight as conveniently may be, and of a uni- form, or as near as may be uniform width throughout, not less than thirty-nine feet if practicable; and that they be authorized to call to their aid, the City Surveyor, and to employ such other qualified persons as they shall judge proper.

Mr. JOHNSON offered the subjoined resolution, which was agreed upon.

Resolved, by the Select and Common Councils, that the Paving Committee be, and they are hereby request- ed, to inquire if any, and what alterations are necessa- ry to be made in the existing regulations from Spruce tu Chesnut street west of Beech street, to the river Schuylkill.

Mr. GrovEs offered the following resolution which was adopted.

Resolved, that the Paving Committee be requested to inquire into the expediency of making the regulation of curb stone when the same is ordered to be re-set, a public charge, and to report by bill or otherwise.

COMMON COUNCIL .- Mr. RYAN presented a pe- tition that Third street between Pine and Union streets be re-paved, which was referred to the Paving Commit- tee, and also that Walnut street west of Broad street be paved, which was referred to the same committee.

Mr. BAKER presented a petition praying that the culvert in Eighth street may be extended from Filbert to Arch street, which was referred to the Paving Com- mittee; and two petitions praying that two Alleys be paved which were referred to the same committee.

Mr. Moss presented the following petition which was referred to the special committee appointed on that subject.

To the Honorable Select and Common Councils of the city of Philadelphia.

The subscribers beg leave to state, that they are about to erect seven or more stores on the east side of Water street, commencing next to the corner of Ches- nut street, and extending thence southwardly. That the regulation of Water street authorized by the acts of Assembly, passed the 24th March last, according to the principle suggested by the will of the late Stephen Gi rard, will probably take several feet in depth from the front of each lot. And as the act declares that it shall be competent to the city authurities to agree with the owners uf property, " taken-removed or affected, for the damages thereby to be occasioned," and as the subscribers confiding in the justice of your honourahle bodies, are disposed to negotiate in the most amicable manner for the surrender of their property for the pub- lic good, they respectfully request that such order be taken as the Councils may deem proper, in order to as- certain and liquidate by agreement the amount that each owner may be justly entitled to, for his ground, thus to be taken and appropriated to public use.

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The Register of Pennsylvania : devoted to the preservation of facts and documents and every other kind of useful information respecting the state of Pennsylvania, Vol. IX, Part 71

Author: Hazard, Samuel, 1784-1870 Publication date: 1828 Publisher: Philadelphia : Printed by W.F. Geddes ; Number of Pages: 440

Author: Hazard, Samuel, 1784-1870
Publication date: 1828
Publisher: Philadelphia : Printed by W.F. Geddes ;
Number of Pages: 440