Constitutional Whig. [volume] (Richmond, Va.) 1824-1832, 1830-09-07
Gbs constitutional 11Attg.
SATURDAY. MoRNING, SEPT. q, 1880.


Wirts Opinion: The Cherokees have determine,
to appeal to the Supreme Court of the u States 70
its decision upon the right Of Georgia extend owe
them the jurisdiction of her laws. Mr.. Wirt's opin
ion has been taken, and is decidedly adverse to lht
claims of Georgia 1t is too long for insertion in ou
columns, which regret from the great Importance
of the case. Ybe general reader will be satisfied
with the results of his learned Investigations, ane
these we present him with in the following article
from the National lntellfsencer of Thursday.
We wish that we could have dispensed with the
necessity or inserting the charge of Judge CLAYTor
To Grand Jury of the State of GEORGIA., which
Will be found IN the preceding columns But belongs
too materially TO our public history to be suffered t.
trnes or 20 depiore it's temper would show a distrus
of the understanding the principles of readers
1t is enough to say. in brief, that exception
able discourse perhaps never delivered from that
place. which ought to be the seat of justice and
the abode of dignity We trust that 1T is not to be
taken as any indication of the of public feeling
IN Georgia.
From Tennessee paper we copy the following
which shows the grounds upon which the Cherokees
have come to the determination carry their case
the Supreme Court.
From. .the Hwasseanm (Tennessee)
The following is the conclusion Of the opinion given
by VIM WIRT, Esq. on the right of Georgia to ex-
tend her laws over the Cherokee nation. II comedies
with our own opinion, and that of great many 9TH
1. That the Cherokees are sovereign nations
and that their having placed themselves under the
protection of the United States does all impair
their sovereignty and independence as nation
<One community may be bound to another by a very
unequal Alliance & still be sovereign State Though
weak State in order TO provide for its safety, should
place itself under The protection Of pouOeyfu
one according to Vattel (B. 1, Oh. I, sec. and .
Y H reser0es to itself the right Of governing its o,on
body, it ought to be considered as an Independent
State.'-eO Johnsons Report, I'll, al2, Goodell rs.
Jackson.
2. That the territory of the Cherokees is not
Within the jurisdiction of the State of Georgia, but
within the sole and exclusive jurisdiction of the Che
rokee nation.
8. "9hat, consequently, the State of Georgia has
no right to extend her laws that territory.
A. sThat the law of Georgia which has been sPa-
ced before me is unconstitutional and void: 1. Be
cause Is repusnant to the treaties between the Uni
ted States and the Cherokee nation 2. Because it
Is repugnant law of the United States. passed in
1902, entitled IAN ACT to regulate trade and inter
course with the Indian tribes and preserve peace
the frontiers" 3 Because it is repugnant to the
Constitution, inasmuch it impairs the obligation OF
all contracts arising under the treaties with the Che
rokees and affects moreover, 20 regulate intercourse
sosth an Indiau tribe, power which belongs excu-
sIveiy, to Congress" -
This opin.n bsars date, Baltimore, June 90 ~
We have copy Of the whole opinion, which Is long
and elaborate. Not being whether not We
shall be able to publish the whole of it, give thf
Conclusions, which are the material part of if
~ We request the attention Of ALL particularly OF
Che fair SEX the proposals of Mrs. Barney of Balti
more, which publish this morning. number OF
ruotives unite to induce subscription her magazine
which will undoubtedly swell her patronage to un
parelleled degree-the celebrity Of the Editress the
promises of and instruction, the spectacle
of the daughter of Revolutionary sires, victim to
tyranny the Land of Liberty, which the valor and
blood of her fathers and husband contributed to wi1
aud to defend.
we appeal to our patrons of town and county, to
step forward this occasion, and manifest their
Of the injuries, and the talent and spirit of country
woman, worthy to be associated with the Lucretia.
and cornebas of old Rome, and the Philadelphia and
Charleston danes of the American Revolution. The
Editors Of this paper, will transmit the of sub
srbers Baltimore. 1t will be seen, that the price
of subscriptions will not be demanded before the deli
very of the Sd No.
Gg a late number Of the Journal of Commerce
contains the following letter from its correspondent
at Uashngton-a cidevant Jacksonian. We recon-
mend it to the readers perusai.
WasgIssToy 2Ist August, 1880
Phe a,es, intelligence West, left
dent al Franklin Tennessee where, accompanied by General
Coeee and theerea negocaor Secretary
he had proposed pow with the Southern indians Ii
has been reported the red brehrea would the
small par. Of M Es ss4oGooOo was likely 10 be expended
this ysa-na, say small part of the S50oooo by
fine of Congress for the removal Indians The
President and his Secretary of War may well exca e
contunacous copper friends, Brute overwhelmed
they are doubt by the elections 10 Louisiana Missouri In
diana, aud Kentucky
Notwithstanding the very temperate and dgD6ed correction
by the mos, puissant General of the Telegraph ofmy hypo
tbetcai the Presidential Election
dare the repetition Of estimate with reased
dencs in ms feasby and since the early demonstrations
tbs sst am not entirely my table of
more favorable my old favorte Of the Hermitage Than the
result will prove
be intelligence received here this day. leaves
ao that the recent election in Kentucky has eventusted in
ne a,,e of the friends of the Admins
tS,,;on of the General Government II could otherwise
save happened similar catastrophe awaits them every
where on the Ohio and Mississippi
Phe election will take place IN the State OF Obo the FIRST
week in October II will exhibit complete route of The We
toss and reforusts. At time Maryland the
tangled and exclusive republicans will suffer great shP
wreck Butcher found of the army Napoleon, the road
from the Geld Of fla Belle Alliance 5"
These demonstraons sGord me Little comfort consolation.