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, - ----- -- - , CATAWBA INDIANS. 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 ba tribe. 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 concluded. 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 our borders. 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 a ' 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. LF.GISLA.TIV E. 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 an event. 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 people. 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. LEGISLATIVE. From thf South Carolinian. Wednesday, November '28, 1810. IN SENATE. 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 messnge. 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 crspoon??.0. 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? 10. So the subject was referred ton special joint committee. 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, IMack, Williams. 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 hour. 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. BKNATE. 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 tion document*. Mr Mnzyck moved to make the elect,ui fit Trf'neiiwr of f.Aw/>?" l">tv5uiA? % t - 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 chamber 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 w,v "v"" The Senate adjourned till 12 o'clock tomorrow, HOUSE OF REPRESENTATIVES. Tbo House met at 12 o'clock, pursuant adjournment. 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 several districts, 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 the Sabbath. 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 12 o'clock. 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