Alexandria daily advertiser. [volume] (Alexandria [Va.]) 1803-1808, 1805-03-04

be good policy to authorize negotiation
with them for the abandonment OF thei
claim, especially as we have prospect OF
obtainipg that abandonment on their part
without going'beyend the reservation 10
the. ACT ofcession, and of course without the
actual expsnee of single dollar to the u.
States.
Did the state Of Georgia, in the year
-179s, possess title to the territory in ques.
ton?
To answer this enquiry, It is only neces-
sary to make one or two quotations from
: the article. Of agreement and cession, en-.
tered into the 24th'of April, eighteen hun
-dred and two, between the commissioners
ofthe United States and those of Georgia.
In the first article the state of Georgia,
cedrs to the United States all the right, title
and claim, which the said state has to the
Jurisdiction and soil of the lands situated
within the boundaries of the United States
south Of the state of Tennessee" SC. BY
the second article, sThe United States &C.
cept the cession aforementioned, and on
the conditions therein expressed and they
cede to the state of Georgia whatever
claim, right or title, they may have to the
jurisdiction or soil Of any lands lying with
in the United States, and out of the pros
per boundaries of any other state, aud ST.
tuated south Of she southern boundaries of
the states of Tennessee, North Carolina
and South Carolina, and east of the bouu.
Diary line herein above described, as the
eastern boundary of the territory coded by
Georgia to the United States" Whatever
claim OF title the United States might pre-.
tfousIy have had to the territory, they
thought proper, in 1902, to combine with
it, and to forsify it by that Of Georgia
and surely we shall not do any act, or
adopt any principle, tending to impair the
title under which We now exercise jurisdic-
ton over the territory.
Were the legislature of Georgia, in
1895 invested with the constitutional pow.
er of making sale of the territory, and
did they make such sale to those from
whom the present claimants derive their
title or pretended title !? And if such sale
was made, what title or color Of title did
it convey?
In his age of political revolution and
reformation, for | consider it as an age Of
reformation as weHsas revolution, there
are still certain principles and maxims, not
merely venerable for their antiquity, but
consecrated by their conformity to the
common sense and reason Of mankind,
which are considered as universal in their
application, and irresistible in their ihau-
ence. Among these may be numbered. the
principles which attach to the government
of every regularly organised community,
che power of pledging the public faith, and
that of alternating the right of soil of the
vacant territory Of the nation. In every
free government there must exist the pow
er of legislation or of n1aking-laws, dis.
tinct power charged with the execution of
the laws, and Judicial power; the union
Of these different powers in the same man
or body Of Cen is ,he very essence Of dss-
p"tism. Thus in France, prior to the re-
violation, it was Fundamental maxim of
state'that the king was the legislator of the
French monarchy; and the power exsr-
cised in some instances by certain pariia-
mer.s, of refusing to register the ed,c,s Of
the monarch, however in practice it might
operate as an truction 10 legislation,
was in theory Only matter of form, or at
most III, a temporary check upon the exc
cu,ive power. In oljgarchies, the legisla-
tive power is vested in the rich and noble,
and in ar,stooracies. in few individuals
| who arc prcsune9 to be the wises, and The
be,, in TIE community. In governments
| OF the deEocra;ic form, this power resides
| in th. great bndy Of the people, and is ex-
| erciseI BY ,i,emseive, or their representa-
| sives. lhr base of the temple of Amer.
| can liberty is democracy, or ehe sovereign
~ Of the people representation and con-
federation are the priucipa! pillars which
support the great superstructure. As the
state governments are unquestionably re-
preventative democracies, the general go.
vernment is a representative federal re.
public. 10 every government of the repre-.
sentative form, the representatives of the