Newspaper Page Text
seven doubting whether they will light or sub
mit, ho must wait until they make up their
minds! From such logic, I beg lenve most
greatest monied iuterest I possess in the world,
protected in common with other monopolies,
by this very system! Hud I not reason to
believe thnl I hud, in nn enlarged degree, ac
quired your kind indulgence and increased
i onfidence? Could I not have returned home,
nnd liy a silent, selfish course, enjoyed my
pro| erly and popularity free from lilts danger
of losing either, if I hud been disposed lo con
sider Ihese ns the oi ly objects worth regard,
or the chief rewards of a uenerous nod confi
ding people ? UndercirciimHlances like these,
mine indeed most lie a fatal infatuation, but
onlv accord to rne, what before heaven is true,
giiig till I am tired—wc have tried ler.imisuat-
ing till I am disgusted—we hnve tried reasoning
till I otn disheartened—we have tried threaten-
hcartil v to dissent. All infractions of the con- ing till I am ashamed, and all tins has been go-
stitution arc alike, whether they be great or I ing on for the last twelve years, till the advo-
amall, or say all divines in reference to the moral 1 cates of the system, hardened nnd confirmed in
law: the progress of the mischief may lie differ- their encroachments, declare it is fixed and for-
ent, but the final result will lie the same. The j ever settled. Mow I am tor resistance, and
beautiful green field imy ho as cflcctnally de- 1 never to cease till we strangle the monster, or
strayed by the admission of its di spoilers at n get out of the reach of its mischief,
single gap, as if they had rushed open its Iuxii- i These, gentlemen, are my “ sentiments in re
liance fretn a prostrated broadside. ! j, nrt ] j Q nullification,'’ and though they may dif-
Tho fourth case, strange as it may appear, is j f cr from yours, yet I know my own heart, I have
actually going on, almost unnoticed, at the pre-; Ilot a solitary wisli to disturb one single view
sent time, anil though silently, yet as certainly you may have upon this subject, and I rejoice I an iioncst intention, and yon may tube hack
ns the other three. I allude to the survey and j| ln t (],{„ feeling of mine fully sustains me ill the your trust to-morrow. I will yield it without
occupation of the Cherokee nation. 1 liousands declaration, that I entertain no spirit of proscrip-
who are now decrying the term nullification, are (j on against any one who differs from roc in opin-
perfeclly w illing that it should not tie arrested in j on . As your meeting, by your resolutions, was
the case referred to, and perhaps like the threat j„tcnded to influence the approaching elections,
in your third resolution, would vote against any I n mst beg leave to enter an appeal from your
man w ho should lie opposed to its success.—! tribunal to the much higher court of that of the
The last legislature authorised a survey and dis- KUO< ] |IL . (I| ,1,, of Georgia, and to them the l.alancc
position ol this whole country, and 1 under«.and „f , nv mnar ks will Is; addi eased.
the .survey is the coia'iiissioners are con- It* .. 4 4 , , ,
i ' ,■ , .. • . 4 , In line public character or other, I have
vened, preparation is making (or the lottery, the' , 1. . . ^ ,
. • ' • * : n . , / , served you lor twenty-five years, and though I
drawing is to commence in October next, and \ , 4 . , f , ®
• • r.i i i , may not have satisfied you, I know I have nev-
m all probability the possession of the lands will: , . , , 3 ,,
«u.. i* i:* ». ..I * r 4 , , cr deceived you. I hope I hnve given sufficient
pass Iroin the Indians before the close of the! ,. 4 , . . P U. , ® , ,
year. Now what becomes of the treaties that P r0 " f ,hft ' tlle lovc of, ; n,co haH . w ‘ l ,nd,,C f d ™
have guaranteed this very territory to its «han« my opinions to conciliate popular fa-
sent inhabitants! The constitution of the Uni- i VOr ',, 1 ""J P roU<l °‘>°" r “"“""ft l,Ut >° U
ted States declares all treaties to bo the supreme c ' ,uld f*°! n,,! ‘“R***! ' at lh ? “°
law of the land, any thing in the constitution K 1 In. my lateserv.ee 1 have
and laws of the Slates to the contrary notwith-1 " ,lvan,:nd °P“ ?" tho nnor '' 1 Con f p “
standing. The violation of a treaty often in-! d ° "° TT 0 ’ ° r ' VC *" lf * re P rC8en,ed 7° ,r
volving a nation in war, nnd hut for the weak- f e "" mente ‘° oppressors, you ought to
- i turn me out. Undeceive them as quick ns it is
ness of this nation, such might have been the
consequences of this proceeding on tho part of
Georgia.
Can it he possible that this will not he called
a plain, and palpable, case of nullification! The
matter is too clear; concerning it there ho no
manner of doubt. And although as an indivi
dual, I can not agree that it is right, yet under
my doctrine, based upon the opinions of Mr.
Jefierson, that a State has tho right to “judge
for itself, ns well of infractions (of the compact)
as of the mode nnd measure of redress,” nnd
tho State having pronounced these treaties tin-
constitutional, and therefore null and vein, if
she is invaded by the general government, 1
go to support her decision “ right or wrong,”
for my lirst nllngiance is due to the State of
Georgia. This is my kind of nullification:
will your meeting do this? If they will, there
is no difference of opinion between us; if they
■will not, I leave the people of Georgia to judge
which doctrine suits their notions of pntiiotism
best. Now what care can tend to blood nnd
revolution stronger than this f And yet I do
not believe that this, or any other rnse, will ev
er produce such a result. The thing is unrea
sonable. Na oppressive and unconstitutional
law can he enforced against a Sovereign State.
It is a tree agent in a mere voluntary confedera
tion which is wholly unnecessary to its intc.rnnl
municipal regulation. Having gone into the
Union for external objects, the moment theso
are lost, nnd an attempt is nindo to rob her of
her inherent rights, the same freo ngenr.y thirt
mode the coinpaet cun dissolve it, nay it weald
become so by reason of the frauinl of tho oppo
site party. Force is out of tiro question. Four
times Ims Georgia tried this matter, and just ns
certain ns tirle four times she will have proved
it. And if she will try it tho fifth time, she will
meet with the sumo success, for no man can
believe that when tho alternative is presented to
tho general government to give up the Union, nr
to cut the throats of her citizens to pamper the
wealth of n privileged order, Mint the choice will
occasion oven an instaiit’.s hesitation.
In all cases of usurped nr assumed powers,
Mr. Jefferson's doctrine maintains three things:
1st. Thnl nullification is the rightful remedy.
2d. That it is a natural right.
3d. That “every State,” of its “own authori
ty,” Ims it right to “ nullity within its own li
mits.”
Upon this last it may he necessary to say but
a word. A Stato entitled to “ judge for itself,
as well of infractions, ns tho mode and measure
of redress,” cannot part with its sovereignty
(without becoming dependent) to nnv other
State, so os to ninke that other the judge of its
violated rights. A submission nl'this kind im
plies an obligation to abide hv the award, and
such n course every body must perceive re
quires a State to give tip its own judgment to
tho decision of one who may not have half the
same interest at stake, or any thing like a pro
per knowledge of the hearings of that interest.
Whnt would have been the consequence if Gov.
Troup had waited till he should have submitted
tho enso of the old nnd new tronlyto a conven
tion of Southern States, or if Governor Lump
kin had done tho same thing in relation to the
missionaries or tile survey of tho Cherokee na
tion ? Think you not the decision would have
been against us I And whnt security has any
State against any other result, when she trusts
her sovereign powers to an arbitration ? I sub
scribe most unequivocally to the doctrine con
tained in tho above three points, mid consc
in your power to do so, nnd I have no doubt
they wili greatly rejoice at it. It will lie an act
alike due to their superior discernment of your
views, as well r.s to your own sincerity, and it
will bo certainly ii just, though a severe rebuke
to my want of fidelity. But let me pray you
not to bo deceived by the mere force of words.
Von cannot lie made to believe that Congress
has any thing to do with nullification, cr that
your liberties are in dangrrfrum the doctrine in
that body. Ilcpcnd upon it, whenever n vote
shall ho taken in Congress to nullify tho liirill'
system, it would well behoove you to have os
ninny uultifiers there as passible. You own it
to your understandings to make this enquiry,
“ what possible harm can n nuttifier do us in
Congress”? Perhaps, of oil the places in the
world it is the one where he could do the least
harm; anil if ever Congress should attempt to
force the tnrift’upon tho South by arms, it is the
one in winch he might be able to do most good.
At least them would he more dependence upon
his vote to withhold the necessary supplies, than
upon that of nn miti-niillilicr. It is only at
home you liuvo to dread him, if there lie need
for dread at nil. But you may rely upon it,
there is nothing in that name, hostile to your lib
erty, which originated with tho greatest friend
liberty has ever had on this sido of tho Atlantic
ocean. Though a constant effort is mndo to
throw around tho word nullification tho greatest
possible odium, nnd to render it another name
ibr treason, yet did not Mr. JefTerson so con-
ccive it. It was employed to rid ourselves of
the unconstitutional arts of Grcnt-Biilnin: it
was recommended by this immortal sago to sub
vert the tyranny of the sedition law; it has been
successfully practised j n our own state, and I
nllirni that many other cases can tic adduced
front other states. It means, it can mean noth
ing more than, disobedience to arbitrary nnd
oppressive laws, and in (hat senso is (hero n
man among yon longer prepared to obey nn
edict that exacts half the fruits of your labour,
nud forces from your honest ploughninu such a
slavish contribution ns that every other furrow
which he rims under the scorching beams of a
summer’s sun,yields its produce to unorthern na
bob! Who is there that is not willing to wage
nn intcrminnblo war against an extortion thut
subjects you, your property and your posterity,
to a tribute limited only by mi interest that has
been denf to reason, dead to sympathy, blind to
justice, nnd bent only upon tho full fruition of
its unholy desires ? Would to God you could
hnve personally witnessed the late deliberations
of Congress. 1 tell you by all that is holy in
heaven, that this protectivo system is dictated
by the ninniifiicturcrs themselves, that they nt-
tend by committees, and agents, around the halls
of Congress, for the purpose of giving instate
tions to members of Congress, ns to what must
bo taxed, whnt must he free, nnd what must be
tho quantity of tho burthens. I tell you in the
same sacred manner, that members of Congress
a murmur, und the consolation shall be mine,
lhat I can live under nnv gnvermnent that you
can. and will have closed a political life free
from the reproaches of conscience.
A. S. CLAYTON.
most realize the fact, that uc had been, as it were by
iraftic, transported into the interior of Spain, or Prussia,
or Ituaaia ; nnd began to tremble lest we had commit
ted eg«i"«t some of our petty Inrdling neighbors, the
enormous crime of ilitf-ring with them in opinion ; nnd
T'r: court ' in «
• ’ ■ ' which I ivns nrpspnt. nnr. in urki«k I . e.
rippling, 12 lh Sept. 1832.
Dear .Sir,--In reply to your note of tho loth
1 slate that if 1 am-capable of understar,din’,
the English lauguage, Judge Schley did a*!
ion, winrt*<j us in Uic luce! Jv rit.uHv; we disclaim . • . t , at
he charge ol “Lexington/’ that we imputed to him or 1 which I was present, one in which I often par-
,1, I'ncm, “lh, mosi sttfii’i nnd degrading motives, as tieipnted. distinctly assert and maintain ih»,
” ' * .1 : r . 1. „ a.. e ' n **l
A Hum Chase anil A. ill. Aisfoel.
FRIDAY, SEPTEMBER 31, 1832.
FOB PRESIDENT
ANDREW JACKSON.
FOIt VIC E-PIt ESI DENT
MARTIN VAN DUREN.
Removal.-CO
Tlio Office of th* Southern Runner ii removed lo the
New IlniMing nn the Corner, North of Messrs. Graham
& Huggins' Store.
—0
Erratum — In ti e -lili Resolution of tho proceedings
of the Jackson County Meeting, published last week,
for “ United Slates,” read “united South.”
—
We publish to-day, to the exclusion of matter per*
hups more interesting to our renders, the reply of
“ Lexington” In our strictures nn his former vindication.
“ Lexington” ncknow ledges thru they,the individua's
who got up the late meeting in Oglethorpe, d-* not pro
tend to have been ignorant of the fact, that at the tune
Messrs. Forsyth sod Wayne were proscribed by them,
those gentlemen hail always, in dtbate % opposed the
Tariff; and that our .Senator, (Mr. Forsyth) nt the
opening of the last session of Congress, d< dared that
he would “die rcMixting in the list ditch” this odious
system. He further admits, that at the same time they
“ had no reason to doubt” but thnt ihose gentlemen
were still willing to contend against the Tariff, by “ar
gument, pretest and remonstrance.” With those ack
nowledgments before us, we would ask “ Lexington,”
what new light was shed over their counsels by the
information of Col. Foster, in his speech at the dinner
table, “that those gentlemen had voted in favor of the
hill reducing »he Tariff, w ith a protestando Did thin
ii.''urination from Col. Foster, warrant them in believing
that Messrs Forsvili and Wayne intended licrcaflct to
dufTthe arms of peaceable warfare, which they had used
so successfully,viz. Argument, protest and rcmonsl ranee
nnd in their plnco to “snatch the torch of the revolu
tion,” nnd essay to put down the system at the point
hid frieoas,
the actuating cause of their movements.” VVechatgcd
them with nullification—ns the conductors of a public
press we had the light to do so—it has not been denied.
We charged them with attempting to dictate this doc
trine to others—this we had a right to do, for reasons
which have been assigned, and not rtfuted. We char
ged them with (lisiugeniiousrtess (not ignorance) in
their treatment of Messrs. Forsyth and Wayne—which
we have fully established. These are all the charges
we have brought against 4
and if in making them, we
uess the press, then God help its independence
“ Lexington” winces most piteously under the lash
which wc playfully bestowed on him over the shoul
ders of John C. Calhoun. He does not deny but that
he had an interview with Calhoun at Washington City,
hut then it was at a Tavern! of course, in bo public a l
(he decision of the Supreme Court, to which
you refer, wus right, nnd (hat it was our duty
to submit to it. Upon Ibis subject I deem it
impossible llmt I can be mislaken-niy recollee.
tions ore perfectly dear. At the Commence,
ment of our Court, indeed, the Judge's senti"
incuts, were somewhat doubtful; thoguh ho ev
Lexington” and bis friends; dcntly leaned towards the Supreme Court nnl
prostituted to/frmticiu- his arguments in conversation, were generally
if not always in its favour. We had not then
received the decision-at length it came it was
rend nloud on the evening nf its arrival i
office by Judge Longstrcot, when Jude*
Sfltlnu u/fid nrnconl I netinJ ■ **
place, it was impossible for them la have entered into [ Schley was present. I asked Jud”t I,i
the arrangements alluded to with record to the dowry J street, when he hud finished its peru-al vA^'i
and Mis. Nullification. lie further slates that Call,non j he thought of it ? lie replied lhat it was’rin ,i
did net even otter linn the place of“(,roomoftlieStrrle,” , , b r . " T , 1 0 ,, ”-*'12111,
or any thine else, ns n dowry with his daughter—and r an d * 3m confident Judge Schley immediately
same evening it « as ugatn read aloud by Juj,,.
Schley himsolf, in the room then occupier)
Gen. Flournoy, and I then understood Jud^
" Lexington's” voracity cannot be doubted, lie farther,
in connexion with this matter, relates a very funny an*
ecdotc nf a Dutch Ambassador nnd a Siamese King, in
nrdpr to prove that “ it must be contrary to our expert,
enee, mat human actions ran proceed from any ether
thee wicked and selfish motives.” In reply we would
remark, that education and the Bible, (in wli'cli, not*
witnstandinqhis nullification, we presume “ Lexineton"
believes, and which probably the Siamese King knew
mulling about,) hoth Icoch us that the “lire u kn oren
by its fruit /” This is the rule by which we judge man
kind, and if our experience always proves the rule lo
work a3 well as it has in the present instance, w« will
adhere lo it through life, with the utinuat tenacity.
The latter part of 1 * Lexington's” vindication wu must
lay over fur future consideration. I
ho is welcome to ull llm advantage, his favorite doc
trine will derive from it ; for in (feorgia, nullification ,
been “doubled,” is “it d,” and will soon be • pofsonal nno political mends, viewed wiik
surprise nnd regtet, the strong and decided
stand which Jmigo Schley took in favour of
(lie Supremo Com!. M’e often expressed-
. ramediately
added, “ there can be no doubt of it.”
Schley to coincide in opinion with Gen
Flournoy, who certainly uspd any other biit
equivocal language in expressing hit apprnhg.
lion of it. The paper containing the decision
belonged to myself, and was for a day or two
the only one | believe we had amongst us-
and these first perusals of a decision of snr||
absorbing interest and importance, could not
the menu time hut have made upon my mind a strong, an j
deep impression. I and many others of hi*
buried out of sight,
-<&&—
FOH THE SOUTHERN RANKER
JUDGE SCHLEY.
Messrs. Editors,—Considerations
j these sentiments to one another, and whtleour
; court lasted, 1 did all in my power to ronvinro
v.-cssr*. ™,.vr.,-u U i,»,uuai r. .r ) the Judge that he was w rong. I directed I,is
fiom tho relation between constituents and: „ , i r eu ms
, , • , , . , . attention to an urticln on our Indian contra-
candidates, induced mo to stato what I did over . ,, ,,, «r c.u c ,r. n
„ ; versy, in the -llh No. of the southern Ilevicw
lo signnureo °"' | and I also placed in his hands, the celebrated
In our Government no effort of a citizen to nr , jc|e of ^ T(jrn6ul|) „„ „ )0 .. |ribu „alofder.
Iny before the pi,bite, the political creed ofj nj ,. r „ which j jn |h(j
those who solicit the suffrages of tho ponple ' f vallwb|o work . Tho onIy modifi
can be condemned, and no apology can he re-l (jon l)f ,he Judge’s opinion which 1 heared from
qtiired for tho remarks intended to redeem a ,, l(f|t>| , h|!|r ^ ,hat if the ,p,o,.
rise from their places, nnd deliberately drawing
from their desks letters received from their
maniifneturing rnnsliluents, will rend nut thnir
demands for an increase of taxes, and they are
as deliberately granted, agnin-t the ardent and
repented rcimmstrances id your protesting
representatives. I tell you solemnly, that it
is not nn uncommon thing for thoso members,
friendly to the mnmifncltirers, to fix tho rulo of
duly on one dnv, and then ehango ii to a higher
amount nn tho next, nl the mere instigation of
manufacturing agents. I tell you that they os-
quently 1 am for a convention of the people' of srrl on ,ho fl > 0,,r l of « hn ‘ | he
the State to determine the best method of rcniov- ] " vo *>'" ,inM ne vor ho repealed, and give
nn n reason thnl it was imposed by the south
ing tho burthens imposed by this unconstitution
al. usurped, and unjust law, and whatever that
method may be, I leel bound to submit to it.—
If, however, you would nsk me whnt my plan
would be, if I were in thnt convention, I am rea
dy to give it, though I should bn willing to yield
It for any other, which the prudenco and good
sense of that convention might detail. I would
declare the law unconstitutional, and therefore
null and void. That I would notify the general
government of this fact, and that if the law w as
not repealed, or modified, so as to Iny a revenue
duty only, which should be adequate to the just
wants of tho government, on or before tho Inst
day of the first session of the next Congress,
that is to say, in the year 183-1, and if, Ibrther,
it should attempt to enforce tho law after that
time, thus unrcpcalcd or unmodified, within the
limits of Georgia, this Slate would be no longer
a member of the Union. This is my modo of
resistsnoc, but I am free to confess, that I nm
prepend for any and all other modes that will
rid u*of the oppression. Wehtvo tried beg-
thnt the nation is now pledged to continuo it
that the manufacturers have two hundred mill
ions of money invested in tho business, lhat
to take offlho system would bankrupt tho cap
ilalists, blast the prospects of tho farmers,
beggar tho operatives in the Factories, and, in
fine,reduce the manufacturing districts to com
munities of paupers ; and rather than submit lo
such a slate of things,they say they are willing
lo dissulvo the Union. They present the
alternative lhat Y'OU or THEY must submit,
snd they moat solemnly declare they .hall not.
Whnt hope have you from a prospect so gloo-
my, if you can believe my testimony? And
ifm charity, yon may yet flatter yourselves that
I nm deceived, if my delusion is honest, can
you - blame me for my earnestness in the
cause t Have 1 not as much at stake a« you
have 1 Have I not the same country ? Have
I not a home nnd a family among you, whose
all is perilled as well a« yours ? Nay, more :
havo I uut an interest, different from yours, the!
of llm liavonrl ? H o trow not; for wo finrl neither of
ihose gentlemen new lighting in tho ranks of the nulli
tiers. IVo must tlirrcliiro policlinic, from llieacknowl-
figments of " Lexington," ami the rourso of Messrs.
F. anil IV. ainco I heir return In ficorgin, tl.nl the eeje-
hrnted preteetmuto did, in fact, throw no new light on the
minds ufour Lexington friends; hut lhat finding they
had, in their tun linslv zeal for nullification, and their
proscri|ilinn nf Ihose distinguished and popular gcnllc-
mcn, taken a position from which they would he com
pelled lo retreat before the overwhelming influence of
public opinion, they made a virtue of necessity, and in
order In cover over and white-wash the aliair, seized
hold nf the proltslando so fortunately thrown in their
way bv Col, Foster. We therefore acquit (by the by
vvliat we havo never charged them with) “Lexington”
ami his friends of" culpable ignorance,” and set down
their proscription of Ihose gentlemen, to that ovorh rat
ed zenl for the new doctrine nf nnllificotion, in which
they seem to hnve been so entirely absorbed.
“ Bui, (say. “Lexington,”) wo did suppose that the
time for this modu of warfare had passed ; lhal iho
honor of theStnlo involved by the resolutions of 1828.
at all hazard, should be redeemed,” Messrs. Forsylh
nnd Wayne ihoughl thal the timo for an open rupture
with tho licneral Uuvernincnt hnd not arrived; thnt
without coinprnmitling the honor nr dignity of the
Stale, nnd without jeopardizing Iho Union, or involving
the country in all tho horrors of war and bloodshed, in
a few years the question might be amicably settled-
ami for this hnm si tlifierence nf opinion, they wero to
bn pul down, and their names made a reproach and a
byewnrd throughout the land I
With regard to the charge again and again reiterated
hy “Lexington” and Ilia condjiitaiM, that those gentle,
men voted fur Ihe bill of IS32 as n TarifT l.ill, we call
again hut deny tins impiilatlnn. The bill of 1832 was
introduced into Congress and passed, simply esa mod
ificalion of thal nf 1828—no other principle hot that nf
reduction was involved in it. These two bills, then,
were presented to our delegation for their rejection or
adoption—bmh Tariff bills—but ono much less objec
tionable, as such, In the South, than Ihe other. Messrs.
Forsyth and Wnyno choso the Irast, and for this they
are to he, in this enlightened community, reviled and
persecuted! We put this question to " Lexinglon"—
suppose that by the united votes of the ultra Tariff men
nf tho North and West, and the ultra Anti-Tariff men
nftlie South, Ihe bill of 1832 had been lost; would not
tho votes of the whole nf our delegation, with the ex
ception of IFaynt and Forsylh, have been instrumental
in fastening upon ua the “bill of abominations” of
1828/ and would it not now ho hy their sanction, op
pressing the South to the amount of several millions
ovef and above the requisitions of the bill ns modified ?
The people cannot he imposed upon in this matlcr, be
cause the facts connected with it cannot be mystified ;
they arc entirely within Ilia comprehension of the most
humble capacity.
“ Lexington” again denies iho charge that tho people
of Lexinglon attempted lo dictate nullification to the
people if Georgia, either by proscribing Messrs. For
syth and Wayne, nr hy attempting to intunidato the
press. Ilo hero refutes his own disclaimer most satis
factorily ; for he savs that they declared, “that if those
gentlemen are for resistance, not by w ords but hy action,
wo aro for them.” Now, every body knows what kind
of art inn was here meant—disguise it as they choose,
nullification and nothing else waatheir meaning. With
regard to their course towards ns, whatever attempts
were mado by others, wo must exonerate “ Lexinglon”
himself from any agency, so far as vre have learned, in
our proscription; Inn that some nf the citizens of Lei-
ingion did, ao far at least as to withdraw their patron
age, because of our opposition to nullification, attempt
lo dictate it to us, is a fact “ Lexinglon" must know wo
aro “amply fortified" in assorting.
“ But, (says •• Lexington”) there is a wide difference
between the liberty of the press and the licentiousness of
tho press." And this, then, ia the apology he offer* for
those who have attempted tonidlM/ua for opinion sake.
Licenliouanru of the presa! Truly, when this charge
against our unpretending little proas first met our eyes,
we almost doubted the very land on which welrod.snd
the government under which we liv-d. We coulu a!-
plr-dgi’ nintli! hi tin- public', in wlurli it was nl-
loged, thnt il could bo proven if denied, that
Judge Schley lind hold iho opinion relitlivn lo
Ihe decision of Ihe Supreme Court, in the ruse
of the Missionaries vs. the Stole of Georgia,
which hnd been charged upon him hy “ M'ni
ton.”
When my first communication was mndo,
it wnn under the confident belief, that not n
single word would ever ho denied Itv one,
whom I hnd heard so emphatically express
himself in favour of tho decision. Bui con
trary to my expectation, he has imposed upon
mo the necessity of producing proof of my as
sertion—tho performance ol wjiich, necessari
ly compels me to present myself lo the public;
n necessity I would willingly forego, did not
the duty of placing Judge .Schley in ltis prop
er attitude before llio freemen of Georgia, for-
hid mo to shrink from a responsibility 1 have
voluntarily assumed.
When the Judge’s denial for tho first time
appeared in the public Gazette, (tho Federal
Union of tho 6th inst.) I addressed tho follow
ing circular to those gentlemen whoso an
swers are hereunto annexed.
To General Thomas Flournoy :
Sin,— During the lust session of nor Su
perior Court, the late decision of the Supreme
Court of the United Slates, in tho rnso of
Worcester vs. the Slnlo of Georgia, was re
reived nl this plaro ; and I understood Judge
Schley to say tho decision was right, nnd I so
publicly stnled : ho has sinro publicly denied
il. In Iho vindication of truth, and tho preser
vation of my own reputation, yon mu«t find
my apology for requesting you lo stato tvliul
you heord the Judge say upon that subject,
llespcctfully yours,
C. H. SHOCKLEY,
Jlppling, lOlli Sept. 1S32.
I havo no distinct recollection of what
Judge Schley said on the subject. But some
how wns under the impression that ho thought
ns I did, (which wns that the decision wns
right.) Afterwards I met Judge Schley in
Augusta, nnd nt my office ho informed mo thnt
I had misconceived him; nod proceeded to
slate his objections to the decision, but I do
not now recollect them.
THO. FLOURNOY.
[Similar letters to the one addressed ioGen.
Flournoy, wero addressed to thoso gentlemen
whose replies arc ns follows.]
Jlppling, 10/A Sept. 1S32.
C. H. Siiwcklf.y, Esq.
Could I feel at liberty to consult my own
wishes upon this occasion, I should certainly
prefer remaining unheard upon tho question
submitted to mo in your note of to-day.—
But I cannot temporize a moment with fee
ling* of delicacy, when my testimony is re
quired upon an issue involving personal “ rep
utation.” I therefore promptly and frankly
reply to your enquiry.
I cannot now recall a single word which I
heard Judge Schlcv utter nt the last term of
Columbia Court, in refereneo to the decision
f tho Supremo Court cf the United States;
hut I well remember thnt lie was present at
Mr. Hobby's office w hen I read that decision
the first time; and from remarks w hich he
occasionally interposed during the reading of
it, and from his observations immediately af
terwards, and in several subsequent conversa
tions, I left Columbia Court as fully convinced
that he acquiesced n Ihe decision as I was
lhat it met with tho approbation of General
Flournoy or myself.
I remain, sir,
Your ob’t servant,
AUGUSTUS B. LONGSTREET.
ticn tvore new, he in'ghl perhaps think dtier-
ently ; but Georgia had acquiesced so Imv j n
the construction given hy the Federal Goietv
ment, lo its powers relative to Indian inter,
course, nnd the whole country in the consliui.
tionality of that section of the .Judiciary act,
under which tho Supremo Court clninuii ju
risdiction in our case, that, lie did not believe
that either,but particularly the latter, could non
bo made a matter of controversy. This, if
not his exact language, was what I understood
to bo his opinion, after many nnd repented ar
guments with him. Certain I nm, lhat when
iie left here, at the close of the court, I had
come to (he reluctant conclusion, that my du
ty to my country, would not permit me again
to advocate or support his pretensions to Con
gress or to tho Bench, if he were ever again
a candidate for either of those responsible sta
tions ; so objectionable did I deem his opin
ions, nnd ro decided was lie in the expression
of them. Very respectfully, vnurs,
WE NS LEY HOBBY.
C. II. Shockley, Esq.
P. S—Sinro writing the above, I hnve had
a conversation with Judge Schley, in which
ho endeavoured to rocull to my mind, some
conversation held between us, (as lie says)
about his Report upon the subject, while a
member of the legislature. The only allusion
to the Report, which I recollect, was mads
by myself, to him one day at dinner, before
wo hnd received the decision of the Supreme
Court. His sentiments nnd arguments seem
ed lo mo to hnve so decided a leaning towards
Iho Supremo Court, that I distinctly asked
him, if ho wero not Iho author of Iho Report,
alluded to ; and I did so In quolo his own nil-
thorify against himself. He said ho was its
author, and when he wroto it, his opinions
wero such ns il contained. But he did not
know what effect the decision of the Supremo
Court, might hnve, when he had rend it, &c.
&c. When that decision came, its effect did
seotn to mo to bo very speedy nnd very deci
sive. I recollect no otiier conversation in
which Judge Schley's report wns alluded to.
W. HOBBY.
Jlppling, 10lh Sepl. 1832.
C. H. Shockley, Esq.
Sir,—In reply to your note of this date, Icon
only slate, that I understood Judge Schley M
sny, at the timo you mention, thnt the deciw° n
of the Supremo Court was right—his I*"*
gungo I do not remember. In a subsequent
conversation with him in Augusta on the sub
ject. he snid that I had misconstrued what ho
said, and entered into gome explanation, "luu* 1
I do not now rornemher. In the last conver
sation he snid lie believed the decision 'o bo
wrong. Y'our ob’t servant,
ANDREW J. MILLER.
Sepl. 10th, 1S32.
C. H. Shockley, Esq.
Dear Sir,—In answer lo your note of this
morning, requesting rne to stnto my recollec
tion of the opinion expressed by Judge Schley
in reference to tho decision of the Supremo
Court in tho ease of Butler and Worcester, 81
our last Superior Court; I can say only, A' 31
there were so much conversation among tho
gentlemen of tho Bar on Iho subject, and not
charging my memory with the sentiments ol
any one, I cannot now separate in my rec0 ‘
lection Iho soverol opinions expressed by ■hoa 1.
But tho impression left upon my mind is. tl' at
Judge Schley approved the decision in a grea
ter or leas degree ; but I cannot sar that b®
opproved it fully; nor can I sav that he did
not, as I havo not a perfect recollection of bn
conversation. Yery Respectfully,
B. PETTIT