Governor Gilmer's reply peremptorily rejected the proposal, superadding to his rejection an unfavorable account of the Cherokees, except some of the descendants of whites among them, who have been educated, and become rich; at the same time treating the apologetical professions of Mr. Wirt with a tone of sarcasm bordering on contempt.

In a very full and elaborate opinion given by Mr. Wirt, he comes to the conclusion:

First. That the Cherokees are a sovereign nation, and that their having placed themselves under the protection of the United States does not at all impair their sovereignty and independence as a nation.

Second. 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 Cherokee nation.

Third. That, consequently, the State of Georgia has no right to extend her laws over that territory.

Fourth. That the law of Georgia-thus extending its jurisdictionis unconstitutional and void: First, because it is repugnant to the treaties between the United States and the Cherokee nation; second, because it is repugnant to a law of the United States, passed in 1802: third, because it is repugnant to the Constitution, inasmuch as it impairs the obligation of all the contracts arising under the treaties with the Cherokees; and affects, moreover, to regulate intercourse with an Indian tribe, a power which belongs exclusively to Congress.

It was soon afterwards decided by the Supreme Court of the United States, that the Cherokee Indians did not constitute a foreign and independent nation, in the sense of the Constitution; but were domestic, dependent nations, in a state of "pupillage" to the United States, in

a relation corresponding to that which wards have to their guardians. Of course, the Court could not take cognizance of cases in which it was sought to make them parties as nations; and the injunction they applied for against the State of Georgia was refused. Their rights to the lands guaranteed to them, however, seem to have been expressly recognized.

On the fifth of October, the President having received satisfactory evidence that Great Britain would open her colonial ports for an indefinite period to the vessels of the United States, he therefore declares that the ports of the United States are open to the vessels of Great Britain, and that the acts of Congress conflicting with such intercourse are thenceforth repealed.

In the course of the summer the American people were electrified with intelligence of a new revolution in France. The Government having shown a determination to refuse that liberty of the press which had been promised, a revolution was planned and executed after a civil contest in the streets of Paris of only three days. Charles the Tenth was deposed, and the crown bestowed on Louis Philippe, the eldest son of the Duke of Orleans, who was quietly installed into office; and in a short time the Government exercised all its functions and authority, as if no change had taken place. The American Minister, Mr. Rives, was the first of the diplomatic corps to recognize the new sovereign. A constitutional charter, of a more liberal character than the political constitution it superseded, was to be signed by Louis Philippe, on the seventh of August, 1830.

Congress assembled on the day appointed by the Constitution, the first Monday of December; and the following day, the President's opening message was received.

Its unusual length requires that it be more than usually abridged.

After a favorable notice of the steady advancement of the nation, he remarks that the apparent exceptions "to the harmony of the prospect" are to be referred rather to the inevitable diversities of interests, than to any want of attachment to the Union; and which, in the end, serve only to foster the spirit of conciliation and patriotism.

In the notice of our foreign relations, he first mentions the recent change of dynasty in France. In congratulating Congress on that event, he does not mean to depart, in the slightest degree, from the salutary maxim of Washington, against all interference in the internal affairs of other nations.

He next adverts to the arrangement with Great Britain on the trade between the United States and her colonies; and then gives a succinct history of this trade, from the time of the separation from her. He anticipates great benefits from the arrangement, and it affords him an occasion of passing a high eulogy on "the talent and exertion of the Minister who negotiated it."

The trade with the Black Sea has also been secured to the United States by treaty, and our trade with Turkey is placed on the footing of the most favored nation. Our relations with Russia are "of the most stable character." He then mentions the treaty with Denmark, and the negotiations still going on with France, and other countries, for indemnity to our citizens.

He returns two bills to Congress, which passed just before the close of the last session, with the reasons which compelled him to withhold his refusal. These were, to authorise a subscription of stock to the Louis

ville and Portland Canal, and for building light-houses and light-boats.

To the last he objects, as not being required, and involving much expense. From a bill making direct appropriations to such objects, he would not have withheld his assent. He objects to the practice of mingling the concerns of the General Government with those of the States or of individuals, as on several accounts objectionable, and even dangerous. He here adverts to the views which he had expressed in his veto of the Maysville and Rockville Road bills, which he thinks, after allowing for the inherent uncertainty of public sentiment, he believes have been approved by the great body of the people. He shall therefore adhere to the same course.

He defends himself at some length for the exercise of his negative power, as well as for his objections to "local appropriations;" and he copiously justifies his former recommendation to distribute among the States the surplus funds in the treasury.

He again calls their attention to the subject of electing the President and Vice-President, strongly urging that the people should have a direct choice of these officers; and that the President should not be re-eligible.

He congratulates the country on the prospect of the speedy removal of the Indians beyond the settlements of the whites, which will eventually be better for the Indians themselves. The Chickasaws and Choctaws have already determined to avail themselves of the liberal offers presented by the act of Congress, and treaties have been made with them for that purpose. Though philanthropy has long wept over the fate of the aborigines of this country, its progress has never been for a moment arrested. Yet no good man would prefer seeing a country covered with forests, and ranged by a few thousand

savages, to one extensive republic, studded with cities, towns, and prosperous farms, embellished with all the improvements that art can devise, or industry execute.

The present policy of the Government continues "the same progressive change by a milder process." The waves of population and civilization are rolling westward, and we now propose to acquire the countries occupied by the red men by a fair exchange, and to send them, at the expense of the United States, to a land where their existence may be prolonged. On the benefits of this policy to the United States he earnestly dilates; and Georgia has, moreover, a right to insist upon it, by force of an express contract.

In his mention of the tariff, he maintains that, while the chief object should be revenue, it may also be adjusted to the encouragement of manufactures. He thinks the effects of the last, both as to its mischiefs and advantages, are greatly overrated, but that it needs revision; and in its adjustment, every particular interest claiming protection ought to be decided on singly, and on its own. merits. He hopes that the deliberations on this subject will be uninfluenced by those party conflicts that are incident to free institutions.

The receipts for the present year are estimated to be more than twenty-four millions of dollars, which somewhat exceeds the previous estimates. The total expenditure for the year, exclusive of the public debt, is less than fourteen millions, leaving near five millions in the treasury. Efficient regulations have been introduced into the Treasury Deparment, for the furtherance of economy, the prevention of fraud, and to secure the accountability of officers.

The prosperity of the country has been further evinced by the increased sale of the public lands.