Newspaper Page Text
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The Legislature, Jit iU last session, con- ;
liJed to the care of the Governor this j
whole subject, with a request that he
would 'appoint .-omc fi* and proper person
to examine into the condition of the
Indians; and report to him.' In conform
in<? to the spirit of this resolution. I nominated
fire commissioners from the districts
of York and Lancaster to meet me, ;
!jV ..^...1/1 :
Willi us many ill lilt* v.fiwin i;ua in v.wum
ho assembled in the vicinity of Nation
Ford, on the twenty-third day of July.
At that meeting full and satisfactory answers
were obtained on many material
points. Subsequently, I propound a scries
of questions to tl.e commissioners to
-vlicit a written reply. At the same time
]J. S. Massey, of Lancaster, was despate
e I t? Haywood county. North Carolina,
for a purpose connected with the main object
to be accomplished. Copies of the
papers, disclosing the result of my investigations,
I now forward.
riic two important questions involved
i i th<* general inquiry,'have reference, the
one, to the proprietors of the lands in the
Tn.-itrtn liAtin/lorT** J hn nllini1 In f lotnu
llllllllll UMtlllVI.II \ , UIV VIIIV I , iV HIV V'UUHI
TVirty-seven years ngo, the (7alawba
country, embracing an area of fifteen
miles square, was unrepresented in the
Legislature. The member elerted in
\ 808. being only a leaseholder, was declared
ineligible to a seat. The law of
1812, constituting a lease for 'hree lives,
or ninety-nine vears, a qualification equiv
alont to a freehold, placed the people of
that region,in relation to representation,
on a footing will; lhe rest of their fellowcitizens.
By an act passed in December,
1838. the reversionary right to the lands
which thereafter wore to 'be considered
and ndjudged real estate,' was transferred
from the State to those who owned them
'as lessees from the Catawba Indians.'
In 1840, an agreement was concluded
with the Indians, by which they contracted
to cede their interest in their lands
for twenty-one thousand dollars. To be
refunded for this expenditure, the Legislature
i. 11 posed a tax of one and a half
cents on every aeie within the Catawba
limits. 7*110 present assessed rate is one
half a cent an acre. Ry the act of that
year, 'to carry into effect the late agreement.
between the Cntnwba Indians nn/1
(he commissioners on (he pru t of the
Stat*-,' South Carolina succeeded 'to the
right, title, and interest heretofore vested
n the Catawba Indian, for the purpose of
taxation and of issuing grants (o tlie respective
lessees thereof.' The 7th section
declares that the lessees who had executed
bonds, as enjoined by a previous act,
were required to pay into the Tr.?asu?y
the annal sums stipulated, until they
should acccdo to the terms 'of this act, or
until the expiration of the term of their
leases: fit either of whieh nei iorls
shall be entitled to grants for their iosp<*ctive
leasehold possessions.' By tlx*
5th flection, it appeal's that the sum of
seven thousand dollars was set n(?art to
purchase land, and for 'the establishment
and outfit of the Indians.' Under this
provision no action was taken, as neither
the money nor object were named in the
appropriation act of that year. In 18 H,
tfzouu was appropriated ior mat purpose.
At that time the Agent had condi
tionally bargained for a tract of land in
York district, containing .508 acres, at
four dollars p<*r acrc. As it was subsequently
ascertained that no hotter arrange
ment could te made, the contract was
This brief hutoiy shows, that the in
habitants of the Indian territory occupy
an anomalous position, in which the government
should no longer compel them to
acquiesce. South Carolina did not, by
the treaty of 18 to, buy the Catawba
lands. The fee simple from the first seitlnment
of the country had been vested in
her, according to the legal doctrine as to
Indinn lands within the boundary of the
original thirteen States nor did she purchase
the usufruct of the Indians. f<>:- t lw
8tate hat), previously, conveyed it to the
lessees, who then held n right to their
possessions for ninety-nine years, with
the privilege of renewing their leases. It
is true that, by the interposition of the
Bupreinc authorities, nn uncertain tenure
has been converted into a sure and permanent
one. For this just exercise of
power, the proprietors hnve returned an
adequate equivalent. In confident anticipation
of speedy relief from their rule.is,
they settled nnd reduced a wilderness to
tlu? dominion of the plough Whore
beasts of prey undisturbedly roamed, a
hardy, highly intelligent, nnd dense populntion
are now to be found. "With an
accurate perception of their rights and
obligations, they loci that (hoy do not
stand on the same firm nnd elevated
ground with the other members of their
political family. ITIie high prerogative
of equality.by persisle 'ce in an invidious
discrimination, in practically denied them.
Thev do not complain of tlio pecuniary
burden which they are made to bear, but
that its imposition substantially proclaims
them as in the enjoyment of u benefit,
obtaine<l generally without full costs, nnd
in many instances, unworthily, if not frau
dulentlv. It may be safely affirmed, that
four-fiitiiM of the farmers are in possession
of their estate* bv purchase for on ampi#
consideration. For a large proportion of
tholr p?the renl wtrth
v- rtii I.IW1S...II ft -If-I I. I.
p.iid before the existence of the treaty.
The number who hold by inheritance,
and who morally, if not legally, should
be considered as purchasers, is comparatively
very limited. In despite, then, of
this decided evidence of right ownership,
the Legislature lias subjected all the proprietors
to an annual charge upon their
lands, which 1 hold to be unequal and
unjust, and probably unconstitutional;
unequal, in rcfercnce to rent and taxe.;
unjust, bccause poor lands pay more than
the rich; unconstitutional, for the reason
thai it annuls written contracts.
If public spirited and industrious citizen
who now hails from that interesting
division of South Carolina, had been prevented
by considerations of insecurity of
title from constituting it his home, the result
would have been a loss to the Stale
of over throe thousand farmers, all the
advantages flowing from their agricultural
enterprise, the labor of a large black
population, and a very considerable revenue
derived from the t ix on slaves. To
constrain him therefore to remain in his
present unsatisfactory . it nation' would lie
ina^iU'Sllv inexpedient ami impolitic.
Harriers which create avoidable distinctions,
especnlly in relation to pecuniary
burdens, ou<(ht. not to l>e allowed in a
republic; but if, from any cucse, permitted,
they should exist only so l??nj* as the
public interests imperiously demand. At
this period too of difficulty and alarm, we
should rijfidly abstain from the enforcement
of any meas ure that by jx?ssibilitv
might interrupt the current of harmonious
feeling which now so happify pervades
The difference bet ween a half a cent
nor o/>r/> ntwl tlw? <nv Kn ln??
iotl, it' the lands were assessed in the ordinary
way, is too small to warnint the
exercise by the Legislature of a questionable.
power. Virtually, equality in the
payment of the. iS'tutc taxes would not remove
tli< lie., on the possessions of the
proprietor, utitby diminishing the yearly
rate, only extend the period of the debt,
for whidi hid lands by ftatute are. pledgInfluenced
by thc.'O views, T recommend
that the bonds given in pursuance
of the requirements of the act of \')8, in
number 25, and amounting in the aggregate
to $1,220 24, interest and principal
I ih.u *1 i, ...M.:.. ,i.
ur tdiiui'iicu, i nnt uic minis wiuun nil:
Catawba territory bo classified and valued,
with a view to the payment of taxes
by their owners; nnd that the State discharge
the remainder of the debt duo to
the Indians from the public treasury.
My the treaty of 1810, South Carolina
agreed to ox pond five thousand dollars for
the purchase of land in Haywood county,
or in a mountainous or thinly settled conn
try; to pn)r for the outlay of the Indians
iwo mousanu nvc nunureu uoiiinrs; and
afterwards, iiftecu hundred dollars annually.
A (rue construction of this elause
of the agreement, perhaps arranls the
conclusion that, whether or not the emigration
of the t'ihe should take place, the
S'tat c was bound to pay the respective
amounts, and at the periods specified. So
far is this from having been done that,
from the report of the commissioners, only
an amount of nine thousand two hundred
dollars of the debt, that was to be
liquidated in 1851, has been cancelled.
It is lo be inferred from (he evidence adduced,
that many of the Indians in North
Carolina have received either no part, or
lewdly an insufficient portion of their annuity,
and with regard to the majority,
that its apportionment has been made at
times irregular, and without reference to
any established rule. For this result 1
, -i ,i_ a _r_n t .i
m:(]Ull> lIlC llgliul OI !UI censure. ill !I)C
prosecution of his responsible engagements,
I believe him to have practised all
proper zeal and fidelity.
TV. terms of the treaty not having
been complied with by South Carolina,
how and when the remainder of the debt,
?l 1,000, is to be paid, h a question of
legislative decision. In aid of your labors
on this subject, 1 desire to bring a
few facts to your notice. The present In
di m farm, within the old Catawba boundary,
was purchased for $2000. Only
one family of six persons?a mother and
bnv vrmiirr fliilnron l'flsidn litinn it* nf f!w?
J "ft "I'"" "*? v,,v
other members of the tribe in this State,
fo"ty-eight le.td a wandering life; nd fifty-eight
are in North Carolina. Strong
efforts have heen lung perseveringly but
fruitlessly used to induce those who form
a put of our population to live on their
own l:md. The report of Mr. jl/asscy
shows, that the Catawbfts in llaywaod
arc dissatisecd with their condition; that
many design returning to South Carolina;
and that after dne deliberation, their
chicls or head men, in both States, had
notified him of to emigrate and unite with
the Chickasaws, as soon as the means of
removal jfRitll be ]>lnccd at their disposal,
fit the net of Congress making provision
for the current nml contingent expenses
of the Indian Department, passed Jul)-,
1818, it appears that the sum of $5000
has been appropriated 'for the removal
of the Catwba tribe of Indians now in the
limits of North Carolina.' As (his grant
was obtained, it is believed, through the
instrumentality o( Mr. Thomas, the Indian
Ageniof that State, the reason why
tlio act docs not apply to South Carolina,
is apparent. /
When the debt of twenty-one thousand
dQllnrs Bhftll to? discharged, our oblige
' f 1? ri*- -iV^nni Atfwr wiiiii n i * i 'i u.
tioj} lo minister to the wants of the Catawba
Indians will by no moans have
ceased. To guard with parentjl affection
these children in disposition and intellect,
is at once dictated by humanity and
gratitude, 'l'he period perhaps's not r<*mr.tr>
wlwui tlie Inst sod will he thrown
on tlu1 grave of a people who, individually
and collectively, have been faithful to
the land of their adoption, and in times of
peril, zealous in the protection of its honor
and its interests.
I recommend that an application be
made to Congress for an appropriation
equivalent to the niuount set apart for the |
the Catawba Indians in North Carolina,]
to defray the expenses of the removal of
the portion of that tribe yet remaining in
this .State: also, that an au'ent be appoint
ed to gather its scattered member on their
farm in York, in order, at the most convenient
scaso next year, 10 superintend
their emigr.?tion to ihs West; that on their
arrival at their new home, he furnish j
them with farming utensils, cause suita- i
ble buildings to be erected for their use,
provide them with the necessaries of life,
and remain with them until his services
shall be no 'ongcr necessary. 1 also recommend
t lat, the present agent be re
(|iurcu diligently lo attcna toineir "vviinis, i
and to supply them with clothing and !
provisions in such tiwny as, if possible, to j
insure an oquitf and ample provision for i
all. wlierosocvo.r located.
( Concluded nfj't ictck.)
KEO WKE COlU<Teit. |
Saturday, I>ee. s, is to. i
With k view of accommodating our Sub- j
I scriliiTs wlio live nt k distance. the followincr I
tfontlonien are authorized mid requested to '
act as agents in receiving and forwarding Sub'
scriptions to the Kkowkk Cocjukh, viz:
Maj. W. S. (iimsuam, at West Union.
Kdwaud Hiuuks, Esq., " Horse Shoo.
K. 1\ Vkuxeh, 1'isfj., " Bachelor's lletreat
M. F. Mitciiki.i., Ksq.. " l'icken^ville.
J. K. 11 a?:o?i>, " Twelve Mile.
T. J. Wkhh, for Anderson District.
Owing to the groM length of the Governor's |
Message, wc were unable to yive the on/ire j
document to our rentiers inn wcok whiioih ;
crowding out mntter of much iuteret to tho c j
of 1 Ih'iji wlio are anxious to keep up with the !
news of the day: in our next wo will complete
the publication of the Message.
In speaking of our Fodvrftl lielatiou', utd
under this head of tho aggressions of the
' North, it will he seen, upon reference to tho
M-Ksnge, that tlio Governor approves of the
Mississippi plan for a Southern Convention, the
i?l' wliJnli iu i*rn*,i?rvntmn nf :
H. ?,..V ?"jVH ........... , -the
Union in conformity with the guaranties
of the Constitution, and with the view of.-e
conding still further the Mississippi pro. os'tion,
lie angles** tha expediency of empowering,
hy statute, the Governor either to convoke
the Legislature, if not 'n session, or to issue
writs of election for a C . veution of the people,
should the Wilmot Proviso or any kindic'd
measure receive the formal enactment of Congress.
With all respect to that grave body, mi1'
Legislature, and with a due defference to those
(we <lo not know mat there are any) who may
differ with us in opinion, we would suggest
that upon the enactment by Congress of any
tncikuiro so insulting to the feelings and so destructive
to the rights of (he South as the NS'ilmot
Proviso, the Governor should be authorised
to issue, at once, writs of election lbr :i Convention
of the people. In onr opinion, such a
Convention is the only lit and proper I oily to
take intD consideration the important questions
which would arri-c upon the happening of such
Wo have the utmost ec.::S'J?n<c in the wis.
<k>m iiiwl patriotism of our Legislature, but upon
tho triumph of Abolitionism in our national
council, the step which we should take would
be of fuich immense moment, both to us and
to our children, as to demand that the men
whose duty it would be to detiermin upon them
should conic immediately from the peeple?
should be fully acquainted with their wishes
and should be elected for no other purpose
than to express them, besides to call the
I Legislature toire'lier would n ?n.l
unnecossary expense, sis eventually wo would
be compelled to retort to a Convention of the
Ah has been tlio courao with our Kxccutive
for years, his Excellency point* to the many
defects in the free school system, anil urges upon
tlio Legislature the necessity for important
changcM. 'I'hat this system is radically defec
tive, seems to have been conceded on all hands
vcary and vrsi's nL'o. nnil V?t wliiln more I
^ -o ' ?- - > - - V """
wan convinced (lint it was so inoperative, that
any change which the Legislature would or
could make, would bo lor tlu; better, no improve
mant hue. been made.
While other State? are educating their
youli, nnd thu< arming it for the battle of life,
wo leave hundred* nnd hundreds of the children
of the people unprovided lor, who, growing up
without instruction, nre driven out into the great
world, naked nnd unarmed, to be beaten down
and t ramnled miller foot hv I heir morn fortu- I
| unto competitor*, and so wc entinl np:>n them
| I lie triple enrso ofigiioranfc, povoi ty and toil.
The most lamentablo situation in which a
people can po-f-ibly be placed is to he left
for behind their neighbors in a knowledge of
! tho-<e arts nnd Bciencos-which improve and amoj
borate tlie condition of men.
j No fact i tetter l^nrnn than thi? tint the
i i iim nil 11 rf?MAhuM'm i i iiwwi i
y<K)J judgement, industry, and enterprising
habits that are the offspring of iatelligcnco
form n much letter capital with which to begin
lifi> than dollar* and rents,
Then as the St*?tc cannot give her children
gold let her give them that knowledge which
will purchase all that gold can buy and more,
and then tho' th changes and revolut'ns of tim*
may sweer-from our .S'tnte its hoarded wealth,
nothing could r<>b it of the splendid power and
proud supremacy winch is (ho gift of learning.
'l he Governor's recommendations for improving
the system, <lescrvc the grave consideration
of the Legislature, nor do wo believe our
Representatives could do better for tlie people
than to appoint th<? recommended commissioner.
From thf South Carolinian.
Wednesday, November '28, 1810.
ine weniue mci no ine nourto which
thev stood adjourned, tin? roll was called,
and the proceedings of yesterday were
read and approved.
At I o'clock the Senate proceed?d to
the special order, being the reference to
appropriate committees ot the Governor's
A series of resolutions were moved by-?
to refer the several parts to those committees
having such subjects in charge,
as their special duty; when
Mr. Mnzyck moved to amend, by referring
so much of the message as relates
to ihe winding up of the bank of the
.State of South Carolina to a special joint
committee, and that a message for concurrence
be sent to the House.
Me.^srs nison, micnanan, Moses,
.Vcminger ami Allston opposed the molion,
niul urged (hat it shout be referred
to the usual committee, the committee
on finance. J/r vVazyck, (the mover of
the amendment,) and Messrs Feldor and
Qunttlehaum who spoke for it, disclaimed
any disrespect to the finance committee
nnd urged that it was not unusual when a
standing committee is known to he unfa
t umuiu t\/ <? uictioui v> v\/ luigi 11/ iw it OJIC-ciiil
one, and the standing committor, in
this instance, was known to be favorable
to the bank.
The question being ordered on the ameiulment,
the yeas and nays were called
for by t!ie requisite number of Senators,
and resulted in the affirmative, as follows:
Yeas?Messrs. Patterson, B Q Allston.
Barnes, Bull, Cannon Cooper, Eaves,
Kvins, Folder, Gist, Griffin, Grimball,
Ilibben, Johnson. Marshall, Mazyck. J,
8 Palmer, Quattlebaurrw Williams, With
Nays?J/cssra U F W Allston, Black,
Buchanan, Onldwell, Ellcrbc, Gnuse,
Goodv/vn, Hanna, Irbv, Manning, Moses,
Perry, Porter, Skipper, Taylor, Walker,
Ware, John Willson, Isaac D Willson?
So the subject was referred ton special
Sonic efforts wore made to reconsidet
the motion; but they were unsuccessful,
and the President announced the follow
ing as tlie Senate's committee 011 so mucli
of the Governor's message as relates tc
the bank, viz.
Messrs Mazyck, Jt/iirsliall, Ilanna,
Mt Marshall moved a resolution to refer
.so much of the message as relates tn
a penitentiary, to n special committee;
which was adopted, and the. President
appointed the following, viz: Marshall,
Hlack, R F W Allston, Withcrspoon.
The reference having been completed,
un motion or Mr jVoscs, so much of
the reports of grand juries us relates to
the establishment of a penitentiary were
withdrawn from the judiciary committee,
and refcr.ed to the committee on a penitentiary.
On mo'i . the Senate adjourned till
12 o'clock to-m -rrow.
HOUSE OK liEPIt ES EN T ATI V KS.
The House met at 1*2 o'clock, m., the
Itnin/# Kif *?? 1%
\/l? WWIII^ V/f 1 J IV/U I / V HIU V/lUin, I I V" I I I UU
.Speaker took the char.
Numerous petitions, memorials, presentments
of grnd juries, and free school
returns were made during the morning
On motion of Mr Seabrook, the Jfouse
took up the. order of the day, being the
reference of the Governor's messngo to
(lie usual committee*.
Mr Memminger moved to amend, by
referring so much of the message as relates
to the bank of the State to a special
joint committee of both Houses; which
\v:is nceepted by Mr Seabrook.
M r I I *11 rv ninvn/1 tr. oii-ilrr> mil \fi- Wnm.
mingor'n motion; which was decided ir
ihc negative?ayes 58, noes 58.
M my amendments and motions wcr<
mndo, eliciting some debate, before th<
above result was ntteinnd.
After tho disposition of some unimpor
innt business, tlie House adjourned.
Thursday, Novtmbtr 20, 1810.
Tim SpiuiIo mnt nt 19 nVlrw.lr run-on
nnt to adjournment; when the roll wni
culled by the Clerk.
Mr. Mosn* introduced resolutions vein
live to preventing the circulutiot&of nboli
Mr Mnzyck moved to make the elect,ui
fit Trf'neiiwr of f.Aw/>?" l">tv5uiA?
- Tw,v i wMMnrtaw^fcdfciiaBi
special order for one o'clock to-morrow,
and that u message for concurrence bo
sent to the House; which was amended
on motion of Mr Gannon, so as to embrace
the /Solicitor for the Eastern Circuit.
Mr Black moved to take up for amendment
the report of the Committee on va!
cant Oflices, which being done, he moved
to insect as vacant the office of Commissioner
in Equity for Spartanburg district;
which was made accordingly.
Mr Qunttlcbnum gave notice that lie
would to-morrow ask leave to introduce
a bill to amend the constitution, so as to
include in the election district of Lexing|
ton, Saxe Gotlm, and extendi said election
, district to the bounds of its judicial limr*
, - ij
A message was received from the House
j announcing the appointment of Messrs.
-Vemminger, J. P. Read, Joel Smith,
! Macbeth, Taylor, Tlios. Thompson, and
; .!. W Withersnoon. as their committee on
j so much of the message of the Governc '
as refers to the lJank of the State una
j the public debt.
'1 lie Senate, at one o'clock took up the
I order of the day, viz: The election of Masters
and Commissioners in Equity, and
after nominations, proceeded to the Houso
to cast their ballots.
After the return of the Senate to the
Mr Porter, from the Committee on
Claim? and Grievances, reported favora
blv on the petition of A. V Toomer and J
L Holmes for compensation for slaves executed.
A ftnf iTmotitii-vrt i?f nllmr mnnrtji
The Senate adjourned till 12 o'clock tomorrow,
HOUSE OF REPRESENTATIVES.
Tbo House met at 12 o'clock, pursuant
Numerous I'etitions, memorials, reports
<kc., were presented.
A message wrns received from the Senate,
asking the concurrence of the House
r\ tnnl-n llin nln/itinn nf 'IVnilCUfAl* nf tl\A
Lower Division, and of Solicitor for the
Eastern Circuit?tho special order for
one o'clock to-morrow. Concurred in.
The House proceedud to the special order
of the day, which was the election of
Master and Register in Equity for Charleston
district, and of Commissioner in
Mr <S*inions presented the petition of
the citizens of Charleston Neck, praying
against being annexed to the city of Ch rleston.
Mr. Ovens gave notice thai he would
introduce a bill to exempt the surviving
i i-i: riu? 0..1 4.? i>?..
? uiiiuuia tinu bujuiciaui VIII; A <IIIIIUI.IU iwg>
iincnt from ordinary martini duty.
Mr Thompson presented tire memorial
of citizcns of Union district, praying for
a suspension of rail road operations ow
Mr Preston presented Report of the
Regents of the Lunatic Asylum. Ordered
to be published.
Mr Sullivan gave notice that he would
ask leave to introduce a bill to provide
1 for the elcc''^n of Presidential Electors.
After some other unimportant business
the House adionrned until to-morrow at
1 (Correspondence of the Keowee Courier.)
Fkiday, Nov 30, 1849.
The House met, and as usual numerous
petitions, memorials, <fcc., wore r;iesented,
none of which are of general interest
in their present shape. Mr. McJevcr
was re-elected Solicitor of the Eastern circuit.
Message No. 2 was received from
the Governor, which was read by his
] private secretary, B. T. Watts, and orderj
ed to he printed. 1 lie Legislature were
invited to attend the college commenco'
ment, which takes place on ^fonday next.
A. Bill for the establishment of u Bank
at Newberry C. //. was read the first
time in the House. f
7'he Bill to extend the corporate Vim-'
its of Charleston, which is exciting great
interest, received its first reading. Th?
Bill involves a question of annexation,
| viz. the annexation of the Neck to the city
of Charleston?there is great diversity of
!_! il l * \ r
ujiiiiLuii un in* suojecx, uoin on ine xncck
and in the city, which will of course give
' to the bill more than ordinary interest.
7'he Bill concerning the publication of
. Sheriffs sales in Pickens District received
1 its first leading to day, and ordered for a
second rending to-mono*.
Saturday, Deo. 1st.
As usual various petitions, pvoHcnt*
inents of gmnd juries. Ac., Ao,, were
presented early in the morning.
Then came < n the clootion for Com.
niissioner in Equity for IVtoWnnd District
b which resulted in the election of A. H.
Porcher on the 5th balloting.
On the 3rd b*Uoting W. Lnvnl wa?
elected Treasui er of the Lower D1 vision.
i j On the first bnl'otlng Uen. J. W. fJnft'
' tev vtns clcctcd Adjutant and Inspootfli