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1832.]

THE INDIAN LANGUAGES, &c.

sideration of the legislature and been provided for; yet as it provides for the prosecution of objects of internal improvement, the completion of which are of vital interest to the commonwealth, and the abandonment of which at this time, would be destructive of its best interest, I have, upon due consideration of all the circumstances, come to the conclusion, that although the bill in its provisions falls far short of what its friends could have desired, yet that public policy requires that it should be approved and signed, which has been done, and the secretary has been directed to return it to the House of Representatives in which it originated.

But although this bill has now become a law, the reasonable, and I trust, the well grounded hope is nevertheless indulged, that the representatives of the people now assembled, will not separate until justice shall, at least have been so far done as to relieve the people of the North and West branches of the Susquehanna, and those on the Beaver and French creeks, along which extensive public improvements have been commenced, from the ruinous and deplorable condition in which the legislation of this state, should it stop at the point where the present bill leaves it, will have placed them.

The 5th section of the act of 21st March, 1831, directs in imperative language, that the canal commissioners shall extend without delay, by canal and slackwater navigation, the West Branch division of the Pennsylvania canal; the Lewisburg cross cut; the North Branch division of the Pennsylvania canal; and that they shall make a canal or slackwater navigation from the Ohio river at the mouth of the Big Beaver, and up that creek to the town of New Castle. The several points from and to which the improvements are to be extended or made, are clearly designated, and the specific appropriations made for carrying on the several works are declared to be for or towards the expenses for their construction of that year. From the phraseology of the section just referred to, it is abundantly manifest that the legislature of 1831, did not entertain the opinion that the sums appropriated to complete the several works to which they were to be applied, would be suf. ficient for that object, and it certainly could not have entered their minds that the act of legislation which they designed for wise and valuable purposes, should operate upon the citizens to be affected by it as a snare, by inducing them, in consequence of the prospects held out by its provisions, to enter into contracts requiring extensive preparations and the expenditure of large sums of money to enable those engaged in them to carry them successfully into effect, and to permit (which under the circumstances they dare not resist,) their valuable farms to be entered upon, extensive excavations to be made, ditches to be dug, and fences to be destroyed, to the manifest ruin and destruction of much valuable property, and to the great damage of its owners, nor would it be doing justice to that enlightened body even to suppose that they entertained the remotest idea, that after the expenditure of the sums appropriated by them, the works would be abandoned in their unfinished state, and the good citizens through whose grounds they pass, left to mourn over their mutilated and ruined property. That legislation cannot be just, which to save the public purse would work individual ruin; nor will it redound to the honor of the State, or to its character, for justice to wink at the destruction of individual rights and interests occasioned by its own acts, and refuse redress, because it may not be entirely convenient, at the moment, to yield it. If the legislation of the last session did not pledge the faith of the Commonwealth, that the works contemplated by it, should be completed without delay, it at least afforded strong ground for public confidence that the constituted authorities of the State would not suffer the works commenced under the authority of law to languish at the expense of great individual sacrifice and individual ruin.

Satisfied as I am, that the rights, the interests, and the property of the humblest individual within this Com

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monwealth, are to be equally watched over and guarded by those in authority with the interests of the state itself; and believing, as I do, that a wise economy and sound policy require at our hand that provision should be made for the relief of those of our fellow citizens whose condition must otherwise be deplorable, I have felt myself called upon to submit the few crude remarks contained in this message for the consideration of the legislature, and to ask permission to urge upon it the strong claims which the citizens concerned, in my opinion, have to its magnanimity as well as its justice. GEORGE WOLF. Harrisburg, March 30th, 1832.

From "The Friend."

The Indian Languages and Pennsylvania History. In the hope that historical topics may not be altogether alien to the purposes of "The Friend," it is proposed to occupy a few of its columns in briefly examining several prominent works upon the ancestry of the Indian tribes and the subject of Pennsylvania history.

An association

Whatever may be thought or pretended by English writers, in derogation of our forefathers as a people, the diligence of our historical investigations, and the cheerfulness and ardor with which they are pursued, leave little doubt that we are either wholly destitute of sensibility on the subject, or entertain no apprehension as to the result. Massachusetts, with her characteristic zeal for truth and knowledge, commenced her inquiries in 1790, and upwards of twenty volumes of collections attest the greatness of her activity and enterprize. New York followed her example in 1804, and since that period have sprung into existence many similar institutions in various sections of the United States. Among these the highly meritorious societies of Rhode Island and New Hampshire, and the one recently established at Quebec, deserve special indication. called "The American Antiquarian Society," was formed in Massachusetts about the year 1812, for the purpose of unfolding the natural, artificial, and literary antiquities of America. This society, it will be perceived, comprehended a wider range of objects than any of its predecessors. It has published a single volume under the title, Archaeologia Americana, a book which, for curious learning and literary execution, reflects the most distinguished credit upon the gentlemen engaged in its composition. Amidst this emulation of research, the American Philosophical Society of Philadelphia, did not hesitate to add a committee to the six originally existing, with a view to explore the vast fields of history, moral science, and general literature. This committee was separated in 1815, on the suggestion, it is understood, of the late Dr. Wistar, with whom it was a subject of surprise and regret, that, while other states of the confederacy were disputing the palm of industry in the elucidation of their early and subsequent annals, Pennsylvania should be without a society to contribute her proportion to the common stock of historical knowledge. The duty therefore assigned to this committee was to investigate the concerns of Pennsylvania in particular, as well as the United States and America in general-in a word, to develope the history, physical geography, topography, antiquities, and statistics of the state and country. In this extensive range of inquiry, the lineage and manners of the aboriginal tribes was an object which claimed early, if not primary attention. Much curious information respecting their habits and character, was known to be possessed by John Heckewelder, a Moravian missionary of Bethlehem, who had resided among the Delaware Indians upwards of forty years. Peter S. Du Ponceau, the venerable and very learned corresponding secretary of the committee, addressed a letter to this gentleman, and seconded as it was by one from Dr. Wistar, elicited the letter No. 4

of the correspondence, accompanied by a copy of Zeisberger's grammer of the Delaware language. The grammer being compiled in German, was committed to Du Ponceau for translation. In the prosecution of this undertaking, be became enraptured with the beauties of the Lenape idiom, and occasional difficulties presenting which required explanation, a regular epistolary interchange was the consequence. This correspondence, together with the admirable reports of the secretary, and the excellent historical account of the Indians by Heckewelder, composes the matter of a volume, and the only one, which has been published by the committee to the world. This is the more to be regretted, because we were informed, so long ago as 1821, that ample and precious materials had been subsequently collected, which only require the plastic hand of the artist to give to them form and proportion.

Of all the subjects connected with the business of the committee, few can be more attractive to us as men -few more exciting to our sensibilities as Americansthan the original condition, gradual decrease, and approaching extinction, of the aboriginal inhabitants of this country. There was something so novel in their primitive state-so full of romance coupled with wonder-that the mind is staggered while it contemplates it, either in reference to civilized man, or their present reduced, forlorn, and depraved condition. Their history, therefore, should possess for us a peculiarity of interest and importance, and a corresponding zeal should be awakened to the investigation of their customs and language. Indeed, this seems to be a department of knowledge so peculiarly and intrinsically our own, that the cultivation of it is nearly connected-perhaps almost identified-with our national fame. The Germans, already the uncontested proprietors of so many regions of science, are even now disputing with the Russians the possession of this magnificent and fruitful domain. If we make no additions to the lessons of our German instructors-if we permit these people to sink into the grave without adequate inquiry about their primeval origin, and give no account of their migration hither we shall prove ourselves unworthy stewards of a subject committed by nature to our diligence and care.

pleasure, we think that the former opinion, before it be adopted, wants some confirmation. Touching the derivation of the Mexicans from China or Japan, it may be observed, that the possibility of misinformation as to the existence of the Chinese MS.-the probability of its being supposititious-and even if genuine, that it may not be true-all combine to cast a shade of much incertitude upon the character of the evidente. It seems to us that nothing less than some permanent, radical, and characteristic resemblance between two people, in the absence of direct, unequivocal testimony can countenance the idea of descent. Du Pratz discovers his consciousness of this, in regretting the destruction of the Mexican hieroglyphics, as they might have contributed some trifling corroboration to his theory, or slightly invalidated the plausibility of his supposition.

For the purpose, therefore, of scanning the subject more closely, let us return to the researches of Du Ponceau into the structure of the Indian languages. As he sedulously availed,himself of every available assistance, his accuracy and knowledge are worthy of the most implicit reliance. Superadded to the aid derived from Heckewelder, who was intimately acquainted with the Lenni Lenape idiom, he laid under contribution the other missionaries of his correspondent's religious persuasion, who abundantly furnished him with Grammars, Dictionaries, and elementary works compiled or composed for their young ministers visiting America. Of the forms and constructions of the Delaware and Iroquois, the two principal mother tongues of the country, with which by this means he became conversant, no satisfactory account is given by professor Vater, in his celebrated Mithridates. This great work, it may be incidentally observed, which Du Ponceau seems to have studied with an untiring, assiduous, and enthusias tic devotion, he pronounces "the most astonishing phi lological collection the world has ever seen." The commendation is by no means extravagant, since it is intended to embrace an epitome of all the existing knowledge of the ancient and modern languages of the whole earth, and actually gives specimens of the Lord's Prayer, in nearly five hundred tongues and dialects. Two volumes of this Herculean prodigy, containing together 874 pages, are devoted exclusively to the Indian languages of North and South America. In addition to these sources of information, every opportunity which presented of conversing with Indians, interpreters, and others, practically skilled in the American languages, was eagerly accepted. With such facilities the researches of our distinguished townsman were commenced, and continued with a patience which no labour could fatigue-an ardour which no obstacles could extinguish or abate. In his conclusions, abundant reason for confidence may be found in his well known character, both in Europe and America, for profound investigation; and in his own declaration, that he entered upon his subject with a mind not trammelled with a favorite theory, and free from the bias of pre-conceived opinions. The learnted Remusat devoted an article in the Journal des Savans for February 1827, to the volume under consideration. He bestows a warm panegyric upon the researches of Du Ponceau, whose deep erudition and philological sagacity, he thinks, eminently qualified him for the illustration and comparison of the Indian languages. Further testimony has lately been adduced to the accuracy of his views, by John Tanner, whose long residence among the Indians, and reputation for truth, render him both a competent and credible witness. J. R. T.

The ingenuity of the learned in all countries, seems to have been unusually exercised in relation to the ancestry of our aborigines. Some seem to opine that they belong to the lost flock of the house of Israel, and know not otherwise how to understand the prediction of Scripture. Without stopping to inquire, whether the passage has not at least an equal applicability to the present condition of the Jews, who, dispersed over every country, are aliens in all;—we may fairiy claimwith the utmost respect for Dr. Boudinot and his adherents-something more conclusive of their origin. Le Page Du Gratz, in his history of Louisiana, argues, with the assistance of a passage from Diodorus Siculus, that the Natches who emigrated from Mexico to Louisiana, are descended from certain Phoenicians or Carthagenians, who had been wrecked upon the shores of South America. This conjecture reposes upon the slender foundation, that a very large island, lying some distance from Africa, of delightful temperature, and filled with the greatest variety of fruits and game, was resorted to by the Africans for recreation in the summer. He like wise hazards the opinion, that the ancient inhabitants of Mexico are derived from China or Japan, and assigns no other reason for the belief, than that he was informed in 1752, by a man of learning, that the library of the King of France contained a Chinese MS. which affirms the fact of their emigration from Corea. These reasons, we are obliged to say, are most unsatisfactory. Now setting aside the probability of mistake on the part of Diodorus, that excursions so remote would be under- NEWLY DISCOVERED CAVE IN PENNSYLtaken or projected for the purposes of health or of

* Annual oration delivered before the Philosophical Society, by P. S. Du Ponceau.

[To be Continued.]

VANIA.

A few days ago, Mr. Reese, of Peters township, Franklin county, Pennsylvania, living on the base of North Mountain, was about to dig for water—and as

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there is a very large spring issuing out of the rocks, at the foot of a hill of considerable height, and a kind of sink hole some distance above the spring, he thought he probably could come on the stream-accordingly he commenced digging in the sink hole, and had proceeded but a few feet, when he could plainly hear the water running, seemingly with great rapidity; and at the distance of about twenty feet from the surface, came to the water, at the lower extremity of a fissure in the rock, which immediately expanded into a large and beautiful cavern, the entrance of which is partially obstructed by loose rocks, which after advancing a little distance,entirely disappear, and instead of loose rubbish,solid rocks appear enamelled with spar of different colors. In every direction are to be seen the most beautiful icicles, (stalactites) suspended from its noble, and in some places, majestic ceiling. Concretions, without number, and of almost every color, size and dimension, are seen pointing downwards from the ceiling, and inwards from the sloping walls-some white, some red, some brown, some green, and others transparent as glass, and all solid as marble. They threaten the curious adventurer with being torn to pieces by their craggy points, if he attempts penetrating any further into it; and indeed in some places he is obliged to proceed in a stoop. ing position, in order to avoid them. In proceeding up this subterraneous passage, you are obliged to walk in the run nearly all the way.

The run is in some places dry at the present season of the year. Yet it is evident from the bed of the run, and other visible marks of the water, that in some parts of the year the water must flow through the different channels in large quantities. Even at this time, there is a great deal running through it, but mostly through channels alongside the principal one, as is evident from the great noise it makes, in falling over the craggy rocks which impede its progress.

There are in the principal channel several falls, which might very properly be denominated cataracts the extent of the cave is as yet unknown, as it has been but partially explored; the greatest distance any person has been up it yet, is about 800 feet, at which distance there was no appearance of its termination. In ascending the cave, the eye is most agreeably struck with its grandeur at every step new wonders present themselves-here is the spar formed into trees, shrubs, &c. which makes it have the appearance of a petrified grove -in some places the spar is formed into the likeness of men, birds, beasts, organs, &c. and in one place, raised on a pedestal, is a striking resemblance of a half unfurled flag. Besides this, there are hundreds of other likenesses, which I shall not attempt a description of. When we first saw them, we were only surprised at their diversity and beauty, but on a more minute examination, we are struck with amazement, knowing them to be mere productions of nature-who hitherto, in solitary silence, had, in her playful moments, unseen and unheard, dressed the scene as if for her own am usement.-Christian Adv.

CANALS AND RAILWAYS.

To the Editor of Aris's (Birmingham ) Gazette. Sin: Permit me, through the medium of your paper, to offer a few remarks on the recently published account of the Liverpool and Manchester Railway.

Although from the predictions of persons conversant with the use of machinery, and practically experienced in the details of railways, the public were prepared for the announcement of a heavy amount of expenditures; few, I believe, anticipated that it would have reached the enormous sum which this account exhibits.

For the carriage of a ton of merchandize 32 miles, the expenses are stated at 7s. 7d.

For the conveyance of passengers 30 miles, 2s. 04d. each.

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Now, sir, this account is conclusive of the question of a carriage of merchandize upon railways, in competition with canals; for along a canal of equal length with this railway, viz. 32 miles, a ton of merchandize can be and is conveyed at an expense of 2s. 8d. while all heavy articles, and such articles constitute nineteentwentieths (I beg you to bear in mind the proportion) of canal carriage, are conveyed the like distance, at an expense of 1s. 4d. only, instead of 7s. 7d, as stated in this account!*

In this comparison, tonnage dues, being excluded in the railway expenses, are also excluded in the canal expenses.

It is manifest, therefore, from their own showing, that railways can never carry goods in opposition to canals of nearly their own length.

It is, in fact, doubtful whether the Liverpool and Manchester railway is not, at present, sustaining a loss by the carriage of goods, instead of realizing even the small profit which their account shows.

At 4s. 74d. each, the sum received for passengers, gives the number 189,395.†

Averaging these at 14 cwt. or 12 stone each, including baggage, gives their weight,

Merchandize, at 10s. 3d. per ton,

Total weight,

14,204 tons. 42,680 do.

56,884

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If it be argued that, in consequence of the superiority of the carriages, and the greater velocity of movement, a large expense per ton is incurred in the conveyance of passengers, than in the conveyance of merchandize; I reply that such extra expenses of passengers are more than counterbalanced by the greater wear and tear of heavy weights--by the establishment of

* If the railway merchandize is charged with a proportion of the interest of cash borrowed, the amount of such charge should, in this comparison, be deducted from the 7s. 7d.

If more passengers are conveyed in the inferior than in the superior trains, the total number will be somewhat more than this, but it can make little difference in the calculation.

Deducting interest, if interest be charged, would reduce this sum, though the account would still exhibit a loss.

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warehouses-by the loading and unloading and other incidentals attendant upon the carriage of merchandize. It is, at all events, abundantly clear, that from passengers, the emoluments of railways must be derived, and, notwithstanding it is shown, that, where 1050 per day of these can be calculated upon, along the entire length of a railway, as in the case (while the novelty lasts) of the Liverpool and Manchester, a large revenue may be collected, it is far from being established, that, even then the scheme will ultimately prove a profitable speculation. The first nine months will indicate any thing but the maximum of wear and tear, either of road or of engines.

October 13, 1831.

SCRUTATOR.

From the United States Gazette.

BUSH HILL CARPET MANUFACTORY.

We took an opportunity a few days since to gratify a desire long entertained, of visiting the carpet manufactory of Mr. McCALLA, at Bush Hill-the Kiddermin

ster of America. The establishment at a distance looks

like a compact village, and the amount of room in the numerous extensive buildings, would accommodate inhabitants enough to make a city in Connecticut or New Jersey.

After these

Mr. McCALLA has long been known as the manufacturer of floor cloths, and painted carpets; and the profits that have arisen from his extensive and well conducted establishment, have been used, apparently with a liberal hand, to extend the business of the concern, increase the stock, multiply buildings, and, of course, employ extra hands. The looms used in these buildings, weave canvass of astonishing strength, twenty-one feet wide, and sixty feet long, without a seam, and this by the ordinary way of throwing the shuttle. When the floor cloth is thus woven, it is extended with great tension perpendicularly, and thick coats of paint of one color are laid on it, by men who work on galleries, at different heights, in front of the canvass. coats of paint have remained from three to four months, the cloth is taken down and conveyed to another building, where it receives the figures of various patterns and divers colors, in a man ner not unlike the mode of stamping house paper. Having received all the figures and bordering, the whole immense "carpet" is then suspended lengthwise (61 feet) in buildings prepared for that purpose; and after about twelve months is considered in a state to be used, making nearly a year and a half in preparation. A great number of these large cloths, of beautiful figures, were suspended in the drying rooms, and in various parts of the extensive premises; others were in different stages of progress. Oil cloths for furniture, beautifully figured, are made in the same buildings. We noticed in one room about 8000 yards, sufficiently dried for the market. Canton flannels receive the paint and figures on the smooth side, while the soft nap on the other side is left to prevent injury to valuable furniture,from the hard knots and points that The various processes of occur in linen oil cloths. making the painted carpets and oil cloths, all carried on at one time, in different parts of the buildings are exceedingly interesting.

yond description, and the texture of the carpeting may certainly vie with any we have ever seen.

The ingrain carpeting is woven by looms which are improvements on the French invention. Those conversant with the subject have probably read accounts of the plan by which the richest and most varied figures are woven into the fabric by the weaver, who sits in the usual position, and throws his shuttle in the same manner as does the weaver of white muslin. The figure has been pricked out upon cards, and by some operation of machinery above the loom, the different colors of the warp rise upon the surface just as they are wanted to form the figure, and when any attention of the weaver is required to either web or warp, the machinery, very good naturedly, gives timely notice by ringing a small bell.

In this department of the establishment, we saw two Scotchmen, recently arrived, engaged in putting in the warp for an ingrain carpet of a rich figure, to be woven by aid of the mystic cards, and nearly a dozen other looms for Brussels, and ingrain carpets were in different stages towards completion.

We saw large quantities of carpetings and rugs of beautiful figures, which Mr. McCalla had finished, and which would not suffer by comparison with foreign fabrics.

The immense painted floor cloths are sold at from one to two dollars per square yard, and are, we were glad to learn, becoming more and more used. We have not spoken of the prices of the ingrain and Brussels carpeting of this manufactory, (though we understand that they are sold as cheap as European fabrics) because our object is not the promotion of any individual's views, but to make our readers acquainted with the extent of manufactures around us, and with the state of perfection at which some, considered the most difficult, have been brought. The very extensive establishment at Bush Hill owes its existence to the individual exertions and liberal enterprize of its present proprietor, who, in addition to the vast array of buildings exclusively devoted to the business, has recently erected a beautiful dwelling house in front of the establishment.

A poor woman, who had been obliged, by the desertion of her husband, to ask the relief afforded by the lying in department of the Pennsylvania Hospital, was delivered, in that institution, on Saturday morning, (March 24th) of three fine children, two girls and a boy, and, so far, the whole family appear to be doing well. The mother, who is a native of Philadelphia, has two other children dependent upon her for support. In these peculiar and trying circumstances she will need the aid of the benevolent; and, surely such an appeal as her case presents to the charity and sympathies of her sex, cannot be offered in vain.

THE REGISTER

APRIL 7, 1832.

We extract from a very respectable weekly paper, called "The Friend," a part of an interesting essay, which appeared in it, a year ago, upon the Indian languages and Pennsylvania History. We shall continue it from week to week till the whole is inserted.

Proceeding from the houses in which the painting and drying are conducted, we came to a new building, in which the weaving of ingrain and Brussels, and other woollen carpets, is carried on. If one is struck with the magnitude of the operation of weaving and stamping a seamless carpet of twelve hundred and sixty square feet, no less surprise would await him in the marvellous arrangement of machinery and threads for the weaving of a Brussels carpet. We could not, in three weeks' gazing at the multifarious interlacings and convolutions of yarns, and the array of spindles, pullies and points, give the least idea of the wonderful process. The figures, however, on the fabric are beautiful be-agent.

Printed every SATURDAY MORNING by WILLIAM F. GED.

DES, No. 9 Library Street, Philadelphia; where, and at the PUBLICATION OFFICE, IN FRANKLIN PLACE, second door back of the Post Office, (front room) subscriptions will be thankfully re

ceived. Price FIVE DOLLARS per annum, payable annually by subscribers residing in or near the city, or where there is au Other subscribers pay in advance.

HAZARD'S

REGISTER OF PENNSYLVANIA.

DEVOTED TO THE PRESERVATION OF EVERY KIND OF USEFUL INFORMATION RESPECTING THE STATE.

VOL. IX.-NO. 15.

EDITED BY SAMUEL HAZARD.

PHILADELPHIA, APRIL 14, 1832. NO. 224.

THE CHEROKEE CASE.

civil cases, But it has been truly said at the bar, that,
in regard to this process, the law makes no distinction
The same return is

Opinion of the Supreme Court, delivered by Chief Justice between a criminal and civil case.
MARSHALL, January Term, 1832.

SAMUEL A. WORCESTER, US. THE STATE OF GEORGIA.
This cause in every point of view in which it can be
placed, is of the deepest interest.

The defendant is a State, a member of the Union, which has exercised the powers of government over a People who deny its jurisdiction, and are under the pro

tection of the U. States.

The plaintiff is a citizen of the State of Vermont, condemned to hard labor for four years in the penitentiary of Georgia, under color of an act which he alleges to be repugnant to the constitution, laws, and treaties of

the U. States.

The legislative power of a State, the controlling pow. er of the constitution and Laws of the U. States, the rights, if they have any, the political existence of a once numerous and powerful people, the personal liberty of a citizen, are all involved in the subject now to be considered.

It behoves this Court, in every case, more especially in this, to examine into its jurisdiction with scrutinizing eyes, before it proceeds to the exercise of a power which is controverted.

The first step in the performance of this duty is the inquiry whether the record is properly before the Court.

It is certified by the Clerk of the Court which pronounced the judgment of condemnation under which the plaintiff in error is imprisoned, and is also authenticated by the seal of the Court. It is returned with, and annexed to, a writ of error issued in regular form, the citation being signed by one of the Associate Justices of the Supreme Court, and served on the Governor and Attorney General of the State, more than 30 days before the commencement of the term to which the writ of error was returnable.

The Judicial act, so far as it prescribes the mode of proceeding, appears to have been literally pursued.

required in both. If the sanction of the Court could be necessary for the establishment of this position, it has been silently given.

McCulloch vs. the State of Maryland, was a qui tam action, brought to recover a penalty, and the record was authenticated by the seal of the Court and the signature of the Clerk, without that of a Judge. Brown et al. vs. the State of Maryland, was an indictment for a fine and forfeiture. The record in this case, too, was authenticated by the seal of the Court and the certificate of the Clerk. The practice is both ways.

us.

The record, then, according to the judiciary act, and the rule and practice of the Court, is regularly before The more important inquiry is, does it exhibit a case cognizable by this tribunal."

The indictment charges the plaintiff in error and others, being white persons, with the offence of "residing within the limits of the Cherokee nation, without a license," and "without having taken the oath to support and defend the constitution and laws of the state of Georgia."

The defendant in the State Court appeared in proper person, and filed the following plea:

"And the said Samuel A. Worcester, in his own proper person, comes and says, that this court ought not to take further cognizance of the action and prosecution aforesaid, because, he says, that, on the 15th day of July, in the year 1831, he was, and still is, a resident in the Cherokee nation; and that the said supposed crime or crimes, and each of them, were committed, if committed at all, at the town of New Echota, in the said Cherokee nation, out of the jurisdiction of this court, and not in the county of Gwinnett, or elsewhere within the jurisdiction of this court: And this defendant saith, that he is a citizen of the state of Vermont, one of the United States of America, and that he entered the aforesaid Cherokee nation, in the capacity of a duly au thorized missionary of the American Board of Commissioners for Foreign Missions, under the authority of the President of the United States, and has not since been required by him to leave it: that he was, at the time of his arrest, engaged in preaching the Gospel to the Cherokee Indians, and in translating the sacred Scriptures into their language, with the permission and approval of the said Cherokee nation, and in accordance with the humane policy of the government of the U. States, for the civilization and improvement of the Indians; and that his residence there, for this purpose, is In the case of Martin vs. Hunter's lessee, an excep- the residence charged in the aforesaid indictment: and tion was taken to the return of the refusal of the State this defendant further saith, that this prosecution the Court, to enter a prior judgment of reversal by this state of Georgia ought not to have or maintain, beCourt, because it was not made by the Judge of the cause, he saith, that several treaties have, from time to State Court, to which the writ was directed; but the ex-time, been entered into been the United States and the ception was overruled, and the return was held sufficient. In Buel vs. Van Ness, also a writ of error to a State Court, the record was authenticated in the same manner. No exception was taken to it. These were

In February, 1797, a rulet was made on this subject, in the following words: "It is ordered by the Court, that the Clerk of the Court to which any writ of error shall be directed, may make return of the same by transmitting a true copy of the record, and of all proceedings in the same, under his hand and the seal of the

Court."

This has been done. But the signature of the Judge has not been added to that of the Clerk. The law does not require it. The rule does not require it.

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Cherokee nation of Indians, to wit: at Hopewell, on the 28th day of November, 1785; at Holston, on the 2d day of July, 1791; at Philadelphia, on the 26th day of June, 1794; at Tellico, on the 2d day of October, 1798; at Tellico, on the 24th day of October, 1804; at

*4th Wh. 316.

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