The Georgia journal. (Milledgeville, Ga.) 1809-1847, October 30, 1833, Image 2

Previous Page Next Page

Previous Issue Next Issue

Clip Visible Area View Page Text View PDF

Newspaper Page TextPOLITICAL.. from the Washington JCetei. Auuusta, 21at Sopt. 18!W. Uca« 8m.—I havo tho pleasure to acknowledge the receipt of your letter, which ">y engagements have hitherto prevented mo from answering. I' 1 pleased to accept my thanks for the ninny expres sions of good will it contains i to deny ® r «T ' 8t thus urged would make me undeserving of the in. It cannot have escaped you, that complying . J subject me to much misrepresenUUon an«l <>wo- ouv; but these never have and never will deter me "n, public duty, or make me willing in a good cause, to He more careful of myself than my best to avow, would prove mo unworthy ot them. The value and influence of that opinion you greatly overrate. These will depend solely on the reasons which support it. For its integrity iny friends will require, and my opponents perhaps ac cept, no voucher; the indifferent may suppose it in some degree guaranteed, by the absence of all persontl interest, and the pledge of my post polit ical life. . ... . You do me no more than justico in believing that with mo politics arc not a trade. 1 should make a bad demagogue, and a worse sycophant, being unable to endure the practices ot either, ror politics as a science—for the noble wisdom of which Themisloclcs boasted, when he said he could make a small town a grent city—I have a heart felt rev erence ; for for politics miscalled—the struggles of men--4be arts of popularity and faction— a pro found agf undisguised contempt Protesting then, that I 4o not set myself up us a teacher of that knowledge, of which I am yet but a student; thut I claim no exception from tlm ordinary sources of error and delusion ; nm unambitious of controver sial distinction, and shall leave my arguments to their assailants, should they morit any, without de fence or reply, I will give you the opinion you ask end the reasons on winch it is founded. Should they assist your neighbors In making up their own, I shall bo satisfied. It is agreed on all bands, that a pure democracy is adapted only to a single city, or nt iiiohI a very limited territory. Representative Republics are capable of much greater extension, and less liublc to tho paroxysms of popular commotion. From the incorporation of the representative principle into popular governments, its salutary limitations have been problems deeply interesting to every friend of freedom. Tho principal basis of Representation K racticabln, or believed to be practicable, may por- apa, bn classed thus: 1. The intelligence and virtue of tho communi ty. 3. Its numbers simply, or more physical force. 3. Its weal'll as indicated by luxation, mid sup posed itsclt indicative of knowledge and virtue. 4. Numbers and wealth combined; intended to unite strength with wisdom. Kach of theso has its modifications, and each its advantages and disadvantages. The first, howev er attractive, has never yet been reduced to prac tice. Nothing seems more obvious tlion, Unit a eoiiiiniinilv in which the utterly ignorunt and thor oughly debased, were excluded from a veto might be well governed, and yet in a country, whose in habitants were generally educated and virtuous, ns the United States, the government be still strictly a popular one, including in ils constituency u vast majority of tho people. The difficulty of finding a practical test and standard of good sense und morality to which a voter could ho subjected, lias prevented, and probnbly wilj forever provent tho n- •doption of this basis. If a high degree of attain ment and goodness was required, tho government would cease to bo a popular one. If a very suinll portion of both would suffice, the benefit irouht be imperceptible. It bus indeed been suggested thut ono who could not read or write, n notorious crim inal, abandoned profligate, or habitual drunkard might bo excluded from ttic polls ; and legislators have proposed to make political disfranchisement, for years or life, a part of the punishment for giv en off,'ncs. Hut reading nnd writing aru no infal lible proofj of 8onsu or virtue; since innny a man -—*•< “- itsatzssxi KAWMs | rjsasrwrsvj.sSJ. I. to be in a minority in both lionaaa or the l.agi«la- ■ figure may be wrong or a ey * -y „„ tlle <ul) . a*miiiomy*uf tunTn'ta. “llou-t” which wTl!“ be j j “cl as wa. con.iatenl^ f, rtf T I r^,^;r:r.. rf 'hv. , b".";;r,, srtsiirasa —-i - M.o.1 populous eounliee in Uic State, without refer-1 the general re.ull enne lo locality, have a great majority of the tree ®bh. Die --- • . wli. re strictly followed out, and tlie •mbarrftMiuenl i. increased by the Peculiarity of our population.- \V« have u grent many ■lave*. They nre men like ourselves ; but they are property ulao. Our Htate la part of a Federal system. In that evatem we are represented, in n certain proportion for our slaves, mid in the tame proportion we are taxed for them likewise. We csine into the Union on these term*, nod would come in on no other. Whv do we aban don in our Htate, what we would never consent to relinquish in the confederacy, and thus give those who ure anxious to cancel that part of the barMin, niusl us from our own sets ? l>oes the I ed- first business of settlers in a new country, i* to ex- ted m anticipation of the antes of the public lands, change their transportation for tho menus of sub- \ Hut the act of 1830 is more general in its provis- sistcnce nnd Ibis has actually been done by the inns, and includes all persons whatever, who had „ plea against us from our era! basis give to the vote of the elsve-liolder, any undue advantage over that of his neighbours, in their county election t Not at nil; nnd lor the in creased share of power, of which he partakes in common with his countymen, in comparison with other purls of the Htate, lie pays nnd they receive an indemnity, in the disproportionate taxation to which he is subjected. D he hi no danger of sulTeriug injustice by the abolition of the Federal basis? Various arguments have been urged on this subject which 1 will not re- peat I will add another. The United States have oc cosion to lay n direct tax lly the Constitution, it must V>e apportioned according to Federal numbers, nnd if the slnve holder paid his share of it directly to the United States, he would pay for each of his slaves only the just constitutional proportion. Ilut it lias been usual for Congress to provide that the several States may assume the tax, which is then levied by each Htate, in its own way, on its own cit izens. This It is been frequsntly done, and will be again. In u State Uegisialuae, elected, not or the Federal basis, but on that of free white popula tion only—what chance lias the slave-holder of be ing assessed arordmg to hie just I* ederal proportion of the tax, nnd no more? Yet taxes by the Consti tution of the United States, were designed to b< uniform, nnd the exact degree in which that partio ular species of property should be made to cmitri hule to the public wauls, was supposed to be secured beyond assault. The owner of slaves, as their natural guardian and protector, a light in which I am proud to say many a master in (itmrgia is regnrded by his ne groes, has a deep interest in preserving the federal basis. It is not extravagant to say that the slaves themselves are benefited by it, considered os human beings, necessarily und properly excluded from all share |in the government, nnd yet liable to many of the evils which men must sutler, though they nrr slaves, when their masters are misgoverned—an in lerest which no generous and humane nature cat overlook, because it is the interest of the abject and the helpless. It is evident Hint in a Legislature elected solely on the free white bams, taxatb always he made to full heaviest on the slave holder In times of danger and distress, taxation will become oppressive. Where the whole population is free suffering falls first and most severely on those low est in tho scale of population ; and iu counties where slavery exists, the overtaxed slave-holder must underfeed nnd overwork Ins slaves. When war shuts up our ports—when our produce caun< find a market, and a scarcity of domestic grain is in d tnger of being heightened into a famine by the exulusion of foreign supply—oven the slave will partake in the hitter fruits of legislative injustice.— This injustice, indeed, will recoil upon its authors for the slave-holding part of the community, impov erislied and oppressed by unwise taxation, will af ford only ii diminished market for the products c/ those counties, whose population is wholly free but mutual suffering nnd reproach afford no remedy and little consolation for such evils. l>o you intend to abolish the Federal basis, and yet lax the slaves as usual ? Huppose it were pro posed to do away with the representation of three fifllts of our slaves iu Congress, nnd at the same time to continue the apportionment of direct taxes ns at present; would not every one exclaim against such monstrous injustice ; ll it would be so, when attempted by some states against others, do tilings change their nature and their names, when attempt ed by parts of n slate, ngaiust other parts of the same stale? On the other hand: in abolishing the Fed erul basis, do you intend to repeal or reduce the tax upon slaves ? If you do, the proposed reduction of the Legislature will not diminish the amount of lax es Id lltf p.ini liy tliu huh sluM.-li iWii#. Many other arguments on Ibis branch of the sub ject are familiar to you, nnd for that ruaaon 1 do not repeat them. Let us suppose, however, you absolutely reject slaves from your enumeration, and declare that rep resentatioii shall lie according It the number of free w hite persons alone. He it so. Hut in the name of heaven, follow out your principle: Let it is a rep resentatioii neebrding to the number of free while Not ....... .oeslity, _ _ .. white population of the Htate, and are in the minor ity in both houses. These counties have ft white population of one hundred and seventy-ftix thousand one hundred and thirty-nine, with hut sixty-seven Representatives, and ft weight in the Senate equal o thirteen Henaldrs. The remaining counties with a population of one hundred and thirty-three thous and six hundred nnd ninety-eix, having thirty-two Senators and seventy-seven Representatives -thus giving to counties (which contain a minority of the people by more than forty thousand,) a majority of ten in the House, and more than two-lliirJs of the Senate.” . At present, fourteen men, in the privileged counties, have as much political power in the House, as Twr.KTf -oME men in tlie rest of the Htate ; the Convention propose to give sixteen men, in the privileged counties, as much power io the House, as twenty-seven in the re#t of the State. If the existing ratio of inequality merely was preserved then sixteen men would he entitled only to the power of twr.ntv-rot’ll. Once for all, let it be re marked that I speak in round numbers, with tlie n uoiinai intuit. . , , A saving of some three and a half cents a head then, is the only recommendation of the project. Hut nn freer,,nn in (ieorgin in |.re|.nrrd t“ equal nliare nl political power lor iliree and a nail cent. Nor i. lie compelled to part either with In. money or hi. power. The choice i« not between tlie proposed change, nnd none—but between this and a better one ; for n better one we must and will hmre. before innny years longer. The fe.ee of circuits stances will insure it. . If this project is rejected, cither taxation must be increased, tlie pay of members reduced, or the La gislature diminished : ll taxation is increased the people will be more completely roused, and the voice of the majority will he heard : If the pay of mem bers (not now perhaps too high) he reduced one obstacle to the proposed reform will be removed. greater portion of the population in the Creek Na tion. Their wagons, carts, horses, &c. are gone, and very many cannot possibly leave the country within the time specified in yourinslruoltona to the Marshal. 'Phe agricultural labors of these people Invc been crowned with success, and their crops ot corn, peas; potatoes, will place them during the ensuing year above the difficulties produced by the scarcity of the last. Imagine, for a moment, the almost total destruc tion of these crops, the loss ol most of the stock, and the wretched and destitute condition of thou sands ol women and children, and you will have a faithful picture of the scene which your orders, if executed, will spread over this entire region. It seems to tne, that the obligations testing up on the President, to avert from this large commu nity, so dire nnd overwhelming calamity, are ns 44 imperative in their character” as any which have . . . ~ "At least The temptation to take if seat in the will be some- been “ assumed in the Creek Treaty.” At lea what lessened, and the surplus which Forty coun- j t h e y j n terpose considerations of equal weight, I * , " 1 should suppose, with those by which it has been induced to overlook these obligations until the pro nearest approach to accuracy which they admit of, for the sake of being more easily and generally un derstood. Let me make the matter if possible, still plainer. At present two men in the privileged counties, have hm much power as three men in others. This was one of the evils the people complained of, slid the remedy proposed by the Convention is that firemen in the privileged counties, shall have ly os much power as nine in the others. At present in voting for representatives, tlie votes sir. men privileged counties outweigh the votes eight men in the other counties, and tlie convention, by way of equalizing, propose, that henceforth, the votes of the sir shall who can do uoithor, is wiser and bettor than sumo | persons onlv; have tlie Convention done so _ . _ who can do both; while the erection of the hust-, Ar ali.! A pretence lias been resorted to, called ings into a consursliip of private morals, would bo Lite territorial principle ; assuming (lie right of rep- Attended with numberless inconveniences. Tho j evidence and inode of trial, present almost insu-1 t parable difficulty. Wo should revolt from a pro- «'»d claims lor Missouri more weight in tlie Lniuu nnaiiiiin lit iliafmiichinn n man without, trial, nr tn : than New York or FeuiisyIvania. I have promisei reseiitution according to extent of surface: a pre to nee which settles the ratio by u surrey not a census, position to diBfninciiiso a man without trial, or to try him without a jury. Y’ot the jury trial of every sylvania. pxamine this pretended principle. promisee You reject ih it? mm "a. out « jo.j. . y »i ri ,, t of representation for slaves—why do you iu Vj’lcr* qualifications would make a never ending | ,£ o() r , llt „ f rupre . enlll , iol , la nd ? I. •lection. It rumour wore to bo received as toati- | tl|<lr „ QMy * „.| lio |, u ' n ,|„ nM t |,„ c i rc »o..lance., monv, no voto could be allowed; if proof wore re quiroil scarce any would bo rejected. According- j »|.v ly we find, that no plan for silting ignorance ami laud a bolter right to bo represented than Just the reverie. I.aud t. property, and are .laves ; but slavrs are men also, which it is vico from the pol! books, lute yet been reduced to , luirdly necessary to say laud ia nut, unless you argue practice; and in tlie present stnto ot society at alter the manner of the Huphi.ts: “ Men ara clay, least, we may bo justified in assuming that virtue a'" 1 clay ia land ; consequently land ia men." hand and intelligence, as ascertained by direct scrutiny ; •fees not enter into the baei. of taxation and rapra- cannot be made qualifications for tlie elective, fran- •““tation '■> Congress, tlie States are nut repre- cliiio, and lunua of Representation. Wealth, merely ns such, lias no pretensions.— Its strongest claim is the presumptive evidence it affords of good sense and integrity. But if you sented ur taxed t.y lit. square mile. If iitey were, the delegation and assessment uf Virginia wuuld be i irgest, and uura next but one. Neither ia lund lia ble In suffering through uiiagoveriiiiietit or unjust taxation, as sluvea are. llul grant that lund ought fejocl tile direct test, why admit a presumption ?— lobe regarded in apportioning Representatives, mid Wealth, considered as indicative of education and J slaves not: What is to lie represented > The pine morality, is delusive ; for tlie riclt and often worse , trees and white sand ! Who is tu speak fur the soil ’ and sillier titan tho poor; and besides, if wealth only is to bo regarded, an Aristocracy, not it Ru- jmblic, would be founded. Wealth and numbers combined have been sup posed to possess numerous advantages. The uni on of nearly all tlie strength, with most of the wis dom of the community—of them who fight the battles, with those who pay the taxes—of all in short, who have a stuko itt tlte country, is at least plausible. The propriety of requiring this stake, and tho justice of excluding mere vagrants, seem to bo re cognized by tlie must popular institutions; since the payment of some lax, liuwuvor, small, and a fix«d residence tor some tune, however short, are generally among tlie legal qualifications of a vo- »>r. The practical difficulty of settling and maintain ing a direct property qualification, in a Represen tative Republic is very groat indeed. If it large number ot persons are excluded, tlie danger and discontent are serious; if a small one, tlie advan tage is rifling. The cause of (lie excluded, is ex- poused by tlie class of tlie privileged next to them, &. sooner or later tho barrier is broken down. This Improved by tlie fuct, that tlie direct property qonli- fleetion, purely as such, which formerly existed in a •reel many States, lias given way in nil, or nearly «IL Its resistance ih but that of a dyke of sand AfAiost tlie torrent; for in a Ropublic the tenden cy U corruption, inherent in oil things mortal, in Cowards democracy—which lendd to anarchy, and that to disposition. Conceding, however the gen-1 a lie-1 Aral impossibility of permanently retaining jn ^public, the direct property qualification, pur Ih it not the owners 9 IT it be, a (urge part of tin luml intended to be represented belongs to the Htate. 'Flint ailificiat personage or body politic can hardly claim to send member* to ils own Legislature. Nineteen-twentieths of tlie remaining land in the favored counties belongs to individuals residing in other parts ol the Htate. Are they given a •Imre of the power claimed from their own land? Do they vote in proportion to the number of lots they hold? Oil the contrary, their own land is made n pretence for diminishing the in fluence of their vote, and giving all that is taken from them, to others, who live, indeed, where the lund lies, but do not oirn a foot of it. We have now passed through our minds the gen eral reflections which the subject suggests : lulus endeavor to concentrate and apply ilium. We have seen the utmost extension which cun be given to thu democratic principle, is universal suffrage. The important modifications of the elective franchise are, either : that power should be divided equally among i while men who have u stake in the couiiuu- That the ownership of a certain portion of I, should alone, hu isceived as evidence of that Kluke; or, that the ownership of property other than freehold, and the payment of tuxes lo a certain moderute amount, should he sufficient ; nr, thut a particular race of men, who by our institutions are property also, should he considered in the basis of Htate as they are iu thut of l ederul Representation The general principle, or any oue of these modifi cations, would a'.iil leave the government hi the hands of a majority of the people ; and would, in contrast with the aohftllltt of the Convention, be comparatively unexceptionable. The capital objec tion to the proposed alteration indeed is, that it pro ceeds on no just principle, is founded on no reasona- nll Ir oily : Jud^tlel us enquire whether the indirect or modi 6ed property qualification, not of individuals, but of masses, may not be recommended by some nc- cidenta of time, place or circumstances, which give -to particular species of property uu espociul claim, Aitbor in justice or in policy The ta’o now setting up that claim, are land and ■•laves; and J propose presently to remark on liie respective pretensions of territory and servitude.— 'The remaining buse* tu be considered then, are num bers merely ; and ii'iiu »ers in connexion with slaves And surface. If numb-rs merely should he assumed •a the inoet just, equal and politic basis of represen totion, we are not even yet free from difficulty. Who shall 1m enumerated? Men capable of hear- iag arms? M**n «,( silages? Or women and chil dren also ?• \ uu do not propose to let the latter v ote why then enumerate them? Y'ou number those who ar# not to vote, thrt you may give the votes to Which they would he entitled, on the punciple of ntinib.f., to olh-rs. Nor is tin. all. If thu sii.ru ..I pulitiesl power arising from wouiun umi 'children wsre to be exercised by th-ir ho.bsod* m„j fathers! mere might be more reason iu it. Hut on the con *"*» infe U'« uio.s, a ini thu man without a has as large u share ol it, as he who ha, n do- purely us ble basis, and places the power in the hands of a •WWIef » hi nn »mlitor of llie Ut-lmif, j„ |»-|,-.i Convention, (ihr ohmi hukuu i!*liU-r*iite Ikm|> | ? preaMble was presented » Mcli aiu.-ium-e.l U.al *MiiJ« >n weie excluded lr .ni .dl in .ti . !.. . count t»| {Ji,-fiMiurnl tKimotU.i t»liU li m-ut b.».I a T ,u f *">"/ itiul.uio.ul i.Mili luliaye rrm.ul.it, Iht ■ 4j»»Ioluo-*(up, aooi . .. M,|,s>Mj.< minority. It is Aristocratic—not R.-publican. . It adopts neither universal suffrage nor free-linid satTrage: neither numbers, nor virtue and intelli- xence, m.r wealth, alone or combined ; neither tlm tree while basis, imr the tuderul basis ; nor anv ollter basis ever recognised by a free; people, llad it adopted uni/, it might be endurable ; but it proceeds i ^" i" " upon norm—unless it be that tlie minority shall K n r - 1 r,C "’ r tin. Now the right to govern is nut unions tlm r'd'its ol a minority. Tlie| have a right to he well governed—to be exempt Irani luiagnvernmenl; to be secured airatnst invasions of the fundamental compact by the usurpations uf the m.-ij .ntv but Opart from express compact, a right iu the minority to govern the majority, can never be successfully, amt Itardly seriously contended lor in tine country. lud -ed lias said, tlie majority are wicked — l nine tells us they ure fools. Neverlhele. have the physical lores, and they prefer tli will, wicked and lo dish—if you must hare it s„_t„ the will ot a wise ami virtuous minority. If they did ll .1, they would destroy the Republic und found .tlanarohy, or uu Aristocracy, in which a minority they does g ivern Fu.t a minority will giveru under the scheme pm,..Med by the L-mvolition, his been irrefutably demonstrated by - H u uivix,” Uic.imoh,.,” ami ahltf writers. | d-» tml understami the fact to be disputed. Disproved by mule*, which are iu every body s hands Unit “ a region of country ly- mg hi a compact form through the centre of il Jt . Htate, frnin the Savannah to the Flint River, cmi- ta.ns u majority of soveiiteen thousand of the fee votes ol the sir sliall outweigh the votes of ten. 'Flic comparisons, let it be observed, are hetwi large masses of territory nud population, lying compact forms, not between distant and d splinted fragments {selected for the sake of contrast. If the extremes nre compared, the proi cl becomes more glaringly unjust and unequal. Thus iu the election of Representatives, one vote iu llntidolpli outweighs sixteen in Hall, and one vole in Wayne overbalanced sixteen in Ciwiniielt. One vote (■ ly nn, is worth more than sixteen iu llshershii fifteen in Monroe,fourteen in Dm Kalb, thirteen Henry and Newton, twelve iu Franklin. cUren in Walt >n and ten in Jackson. Ten vott-s tu Jasper and F.lbert, are less available limn one v<ite in lily and that same single vote turns the scale against eiiiht votes ill Washington, Houston, Richmond Oglethorpe, nnd prevails over srrrn votes io Put naiii, Wilkes, Hurke, Clark, Morgan, Wnrren TroUp, Hancock, Chnlhain, (ireene, NVilkuisi Pike, Fayette, llihh, nnd ’i’albot. Six free white men in Columbia, Harris, Coweta, or Ups< unable lo cope with one voter in (ilynn, whose vote is equal to anv fire in Meriwether, Madison, JeflVr son,Campbell, Butts or Baldwin ; nnd nny four ir Muscogee, Taliaferro, Curroll, Lnureus, Pulaski Rabun, Lincoln, Crnwford or Decatur Hut it may he said, that this inequality results in a great degree from the Legislative provision, llint be entitled to euch county should have one vote. The nnswer is obvious. No expression of Legislative opinion enn hind the people in Convention assembled ; nor can it be shew n that tlie people by assembling in Con vention, under the act hound themselves All that can'be rightfully inferred from their electi members lo the Convention is, that they ngrevd to meet in primary assembly, represented there only in the ratio provided by the act, unjust nnd unequal that ratio was. Hut grant, for the sake of argument, that they were bound : that they could not diminish the inequality in the Douse. Pray what compelled them to increase it ? If they could not nt the same time equalize nnd reduce in the House, (which by tlie by they could have done) wluil prevented them from reducing nnd equalizing in live Senate? Wh.it is the measure of equality offered to there ? If we take senatorial Districts it presents the following results One free white person in tlie district composed of McIntosh and (ii.VNN, has as much political weigh in the .Senate, as five free white persons, in tlm dis Iriclof Baldwin and Josr.s One free white person in the district composed of Irwin and Tki.f.ur, has as much ns six free white persons in the district composed of Henry ami New ton. One in the district of Rvndoi.pii and Uvrlv, has as much political power asfice in Elbert and Ogi.e- nioitPK. One voter in the district of Appling nnd Tatt nall, has as much ns six iu Hall nnd Jackson. Out voter in McIntosh and Glynn, outweighs six in Baldwin and Jones. One voter in Ware and Lowndes, overbalances five iu Columbia nnd Richmond. One voter iu Telfair and Irwin is equal to four in Df.Kai.ii and Fayette. One voter in Randolph ami Early, preponder ates over four iu Elbert and Oglethorpe. One voter iu Wayne and Camden, outweighs four in Wauhf.n and Hancock. One Voter in Lee and Baker, overbalances four in Morgan and Putnam, and Owe in Bulloch and Emanuel, outweighs fourit Walton ami Clark. If we consider both branches in the name view one voter in Randolph has more power in the I louse, than sixteen voters in Hall; ami one voter in the Senatorial district composed of Randolph and E. i.y, has more power iu the Henate than six voters the Senatorial district composed of Hall and Jack- son ; and so of the rest, This is tho equality the Convention have recommended ! If taxation be regarded, the inequality is still great er. The man in Randolph or Early, who has sixteen limes as much power iu the House*, and six times much in the Senate, pays little more than one fifth part of the tax of the man in Hull or Jackson. Hav ing sixteen ti lies the power, one would think lie oughtto pay sixteen turn* the tax ; but he pays only one-fiflh , the inequality is, as about one lo cit'h- ty. Or if you take both Houses together, and con sider them alike in power, the inequality is nearly as one in fifty five. If tve take the extremes of tax ation, the disproportion becomes monstrous. One voter in Rare and Lowndes, overbalances fice vo ters in Columbia ami Richmond, yet he pays only one twenty second part of the tar. If taxation then is ti be contrasted with the share ol political power assigned to those who pay it, the inequality in this instance is as one,to one hundred and t*.n N .r i< the instnnee by any means a solitary one ; the votei Irwin, wild has four limes ns much political in fluence in the House, as the voter iu Chatham, pay. only one one hundred und thirtieth part of the t.1 x tlie im-quul.ty therefore is as one, to fice hundred and twenty. What would he thought in any free country of an undisguised proposal, to give the largest share of |i lltical power, to a portion of the people fewest (liber—weakest in strength—that owned the least property—paid the least taxes—and had the least virtue and • telltgenne'. Yet unless it is meant to be asserted, that each man in Hare and Lowndes, for xauiple, is stronger, richer, wiser, more virtuous and P“y« »"•'« Inxee lliui. ench man in C.ilmuhia and Kioliuuuid; and tli.it eucli man ji, It,uul.il/,I, umi Early t tuts the some ntlv.mlnj.es over eunlt umn iu Hull nod Jiuliion, this is precisely « lint the Conven tion llllve proposed to do. Knelt voter in U'nre nud I.ihvtides, Randolph ami Early, is tor nil political purpose!, to he rousidsred us equally Huse, nml equally ns jrond. anil no w iser, nnd no belter than eucli voter in Hull mill Jackson, Richmond nud Co- Imubin : hums these latter nre in the nut.regale about Ji re limes ns iiuiiierous us the formed unless Id' the former is fire times wiser, better stronger, than eneli one of the latter, he ii.is no right to fire times the power. I.el me not he misunderstood, or misrepresented It is uni my intention to derogate m tlie shghles degree lro.il tlie respect due tu my felluw-cilixens nl It are and iMirii.les, Hiinilol/ih and Early iu hke milliner nud tu the sums extent with those of everv part id the State, to w hose kindness I am sn deeply indebted. I do i, t mean to say or insinuate, Hint tlie cut mens of these counties nre in nny, tlie small. est pnrlioulur, inferior to those of nny other On the contrary, I allow them mi entire and exact equa. Illy. 1 uey themselves would claim no more But as they aru co.lcchrehj five times I.-hs numerous, they must 1.1 all res,.eels, he ui.lieutually live times siijie- nor, to demand or ncce,u, with uny shew uf justice five tunes the privileges. J * The Convention th«„ propose to ,|,e Consli- '- v '""king had worse ;—luounect inequality, by rendering it more unequal;— to 3 lies draw from the Treasury, over ami above what they pay into it, being decreased, their interest in the continuance of the abuse must become emniler. It remains to me only, in performing the task you have imposed nn me, lo answer nn objection usual in all such cases. “ You find fault with what others propose, hut suggest nothin _ __ ter could the Convention have done? settled upon the public domain. By that net it is provided 44 that every* settler or occupant of the public lands, prior to the passage of this ad, who is now in pos«H**ion and cultivated any purl thereof, iu the year IHSIO, shall be and hft is hereby authorized to enter, will* tlie register of the land office, for the district iu which such lands may lie, by leirnl subdivisions, any number of acres not more than ICO. nr quarter section,to include his improvement, upon paying to the United States the then minimum price of the land.” Here is a continued succession of acts embracing nnd running through a period of thirty yenrs, ftll conferring upon settlers the valuable privilege ot pre-emption. They slmw beyond dispute, that du ring this time it was the settled policy of the gov ernment to encourage our citizens to settle and oc cupy the public lands; thut this class of our popu- lation has always been esteemed highly meritorious, and that the exclusive rigid to purcliuse at private sale has been extended to them, in consideration of, and as a reward for the services they have rendered, by these settlements, iu testing the value and pro ductiveness of the soil ; nud in affording facilities sent lime. Jt is not to be lost sigl , riiatuu.uin, not stand in the light of intruders who have settled yourself. What bet-' upon the public land, and continued their settle- uuvh done?” I answer 1 rnents against tho orders ol tlie government. As that they could not liavu eaally done much wor«e. I before remarked, ninco your letters to Col. King Many Ilians might bu diviaud—some were offered, fur nn ,| others of thu 8th December last, all who were mure uqunl, and consuquunily luuu excaplionnblu, then in tlm country, had permission to remain un- tliuu the one udiiptuil. I cminot without I’juvuiti|i- j| 10 selections were made. This von say was lion intrude miy prejud of my own A friend nl „ iv0|li as doubtless was, “ upon the presumption is liirniahud mo with two, one of which would t | 1# , ,| ie country wou |j be surveyed nnd the solec- nnd npimiaoh uquali'.y, niid the nt bur grenii) t ; 1)||a lna de, before it would bu lime to put in an- ' I.ele*counlie8 who.u | other crop and also in the belief that no inconvo- to purchasers lo exnmine it These nets have been passed ’with the exception of that of 1H00,.subsequently lo 1807. and if »l be a ,-t of, that these peopled,, •» A friend of mine has ftiruisiied reduce ri — , . . diminish inequality, und yelullecl reducli Retain the federal basis. Let the count free while inhabitants do not amount lotted thousand, nnd whose representative population is under Jive thousand, be formed i il<» districts composed of con tiguous territory, containing as nearly as possible, la o thousand five hundred white inhabitants—-or four thousand representative population ; no county to be divided in forming n district, ond no district to contain less than 2.000, n *r over 4,000 wjiite iuliahi- lauts, ami nm less than *J,500, nor over 5,000 repre sentative population. Let the remaining counties whose white population does not exceed:!,500, or their representative pnpnln I lion (>,000,send one mouther each ; the counties whose | white population is from 3.500 to 5,000. and whose representative population does not exceed 10,000, two members each ; tlie counties whose white popula tion is from 5,000 to 8,000, und whose representa tive population does not exceed PJ,000, three repre sentatives each ; and the remaining counties whose white population is over 8,000, and whose represen- Uil.ve population not less than 8,000,“ four represen tatives each. Divide the State into Senatorial Dis trictsof from 30 lo 40, composed of contiguous ter ritory ns nearly equal in population ns may be. But if the proposition of disfranchising a county, as it is called, but iu reality of reducing it to just its share of power, is considered an insuperable objec tion—retain the federal basis; give to the counties whose white inhabitants nre under tour thousand, one representative ; and let the remaining counties representative for every ioitr thousand of their representative population. Let the Senate he composed ns before utated. 'File last is much less unequal than the first, but either are far more ao Ilian the oue proposed by the Convention. Both are reductions, and nt tlie same time nre found ed on some principle that approaches towards equa lity, which the scheme of* the Convention is not One better than nny of them may no doubt be sug gested, \\ lieu the host means of reducing and equal izing, nre the only things tolie considered. At pre sent our business is to avert the impending evil — Any plan we have seen is better than that 'File present state of things is heller. Let us but once spurn the device by which it is sought to make the few govern the many—tho weaker the stronger— the lesser tax pavers ilia greater—the smaller por tion of shiism nud virliiH the larger, and all will yel bn well. We shall get a real a mendment of the Con- Mliuii-.o 11 will behove us only, to go into no Con vention again, which is not fleeted according to Federal numbers, or sliiclly upon the fiee white basis, and to lie careful who w e send there. I am, <iuar Sir, very respectfully, your friend and fellow-citizen. RICHARD 11CMP-V WII.DF,. *8o IslliP copy we print from, but we presume there Is some error in ibis number. nionco or injury would result to the Indians.” Yon further observe that “ in both theso expectations there Ins been a disappointment.” The delay in making the locations was not pro duced by any of tlie settlers, and the injuries com plained of have been inflicted by but few. It tlie first cause of disappointment be a matter of com- who may purchase of thv I plaint, tho win does not lie ot their door, ami if of-1 *>’ *-JjJJ* cl •" l ” c« nupy tln ir *-it.VmcnN. until limy h i. I flnniandJ that |,|n11 , ,u «* “ale, nud lln-n In gi. into the nmr. I upon equal terms wi'h oilier pt-rsmts. The has suborned mir citizens toils perpt-trn' i'll, by of fering them large rewards and confer:ing on them valuable privileges. If, then, ilia settlement of the waste lands of the United State*, is nnl unlawful of itself, according to the spirit, true intent and meaning ot the Set of 1807. the President cannot properly exert the dis- cretimiary power conferred on him for the removal of settlers, unless he has good reasons to npprehend that they intend preferring a claim to the land they occupy, or in s.one other respect opposing the Acts •»f Congress f-r the disposal of the public domain, of interfering with and defeating 44 the rules and reg. ulntiims respecting the territory of the U. States ” Nothing of (Ins kind has been done by our people w h • have settled in the country ceded by the Creek Indiana. They ’* designate no boundaries thereon by marking trees or otherwise." nor have they any i11lonlion to withhold it loon any person • r persons I foilcc,s have bocn committed, justico d ! the perpetrators alone should be punished. I The fifth article of the treaty of March 183*?, requires, 44 thut all intruders' up« n the country hereby ceded, shall be removed therefrom in the same manner ns intruders may be moved from pub lic land, until the country is surveyed nnd the se lections made” &c. For the 44 manner” of romo- al, you refer to the act ol Congress of tlie 3d March 1807, nnd take for granted, that in all cases of set tlement upon the public land, employment of mili tary f >rcc may be resorted to. I have no disposi tion to question the constitutionality of this act, but l doubt the correctness of your construction. It was net the intention of Congress in passing tlie act 1807, to restrain persons from settling the public land 4 , who had no object in view beyond their cultivation. Any one who is conversant with tlie fraudulent claims, w hich individuals ns well ns companies had set up to a large tracts of land ‘before and at the period when tho act in question was passed, will find no difficul/y in perceiving, that the principal, if net only, purpose of Congress, was to prevent them from obtaining possession, by which they ex-' t |, :il pccted to give strength nnd validity to their claims. ( j,. r ,|, 'Fhe Yazoo purchase, ofleeted by u fraudulent con tract with the State of Georgia, embraced lUiily- five millions of acres. It was believed by those interested in this contract, that they would be in u situation to contend with tho g<»\eminent, with better prospects of success, if they could succeed P“*y*ojii* t Os, fdi-ili iu making settlements upon tlie territory they had , 1 purchased. It was their object to decide the con troversy by suits at law, ami to this end they had determined to place themselves in tiie attitude of defendants, by taking possession* of tho tract of llig nlM-lipilllift who design, hut to Riilli* *• manner” therefore ol mm* sullle upon pubic* lands with u vale them, is lint hv militar y f*»i A treaty like an net nl Duiign hs is the supremo law nl the land,only when it is mmle iu pun-unuco of the constitution of the U Males. It* it trench** ii(»ni tlie admitted jurisdiction of a stale, or violate* the comtilutioiul light* ofn citizen, it i* not law, can impose no obligation on «.ur people, nud will Iih he declared null and void by ihu legally coiialilulrd authorities. Such is believed to he the rfn .-ter of that prut of the f>lh article of tlm Uieek Treaty,by w hich tin* government has undertaken t<» remove by force nil intruders upon the occupation* of the Indian*, 4 un til Him country i« surveyed and Uim neb-ciions made” nnd also t«» remove them in the same manner 4 * from these selections Dr the tern, of five year* from the ratification of Hie treaty,” dtre The Indian* whil* they retained their eh irneter of a tribe, had an un. qualified, indefea* Ide right to their immediate im prove. i.ein* The second article of tlm treaty no| only confirm* thi* light of possession until ihe **. lion* are made. Iml n'fter that period adds lo it a pie title. *1 he article referred to, require* • census of these persons *h rI he taken un* der the direction of the I ‘reside nt, and i he *eh c.tiou* *hall be made, so as to include the improvement* of each person within hi* eelection, it the same can be mad -, and if Dot, then nil tjie person* belonging to .lied I • the i M'he ghhorhood, ih land at these pl.ir a nd the other* w • I v' elsewhere ; * . id who of the improvement* i* to include their improve- • them in one h dy 'll a pr per person* reside in a town or in can receive their complement of • s. a p otion of them will remain :i receive llcir allotment* in a bu ry instance the posse*- villi the In- i the rat. lien lx. Letter of Gov. Gayle to the Secretary of Jf’ar. Executive Department, ) Tu&ca/oosa, Oct. 1833. $ Sir:—I have tho honor to acknowledge tho re ceipt of your letter of tho 5th ultimo, together with louts, ns entertained the design of opposing policy Ul UIU ^UIUIOIICOI, UJ I■ IU.UUU.O ... .lav (Wlu.i nud regulations established by Congress, respect ing tlie territory of the U. H. Tliis view is confirmed by the fact, tlmt ns often as tlie settlers upon whom the net was to operate | are mentioned, their claims nre also adverted to, I and the severest penalty denounced against them - is tho forfeiture of these claims. the accompanying documents. They have been!, All persons who had made settlements previous 5.:.I. a.” .i..„ to tho passage ol the net, are permitted to remain. couutry in which the county of Madison, in this j dum*, not miiijfci to tin- control of the govurnumut, State id situated. The act of 1807 was framed lo counteract tho views.of these nod other frnudulant claimants, und to prevent such persons only from making solUo- ll i* obvioti* tl»- reforc, that the 1 not public kind.und it ix equally Ireatv unlit the sclc idcfii.iiiMly. the ^ reservation*afie examined with tho deliberate attention due to the subject to which they relate. In mine ofthc20th Aug. tho objects I had princi pally in view, were to suggest to tlie President a provided they will sign n declaration that they do not lay nny claim to the land, and do not occupy the same, by virtue of any claim derived from nny mode of proceeding, for the Protection of the Indians P'T s *‘ n «h»tover, and provided also they will yield in their possessions & reservations, more congenial I'" 04 l , "f e . 93 ! 0 " '« “'tf Pf r f*» who may purchase to tho spirit of our institutions, than that of send- ll,e United States If they refuse to submit to ing among our citizens an armed force, nnd to call conditions, the Marshal, nt nny tune alter the his attention to tho irregularities inseparable from hMl of January, and a lor three months notice, is its employment, in executing the stipulations ot ™ horizod to remove thorn, and they incur the pe- tlm Treaty, uf which the kilhng of Owen ia mi in- u:lll y «*F one l.i.ndred dollars, and imprisonment iinpro v «*uient* clvur lliut lh« ■ill become ih«« to whom they future iuterewt elu Im improve- V nl'llie peie.iu* whaltiver de- stance. I did not advert to tho condition of the settlors, not exceeding six months. The evidence to bo furnished against those who may be indicted, a- upon such parts of .he “ceded territory” ns were ' n ""g “4'cr things, is tho certificate of the regis- not included in the selections of the Indians, nor ! el , lal } ielr c alln3 111 le ' aili ' 1 ‘!'y had occupied attempt to show that they Imd any right, founded ,n , , 011 r00,) o ni “° l * ani ^ comfirmod by tlie L either upon their claims to tho indulgence of tlie ni government, or tho laws of the land to remain. It , \ l, '* e 8Gtt ! cinc !J U 1 n, )” r Ul f was impossible for me to anticipate the order con- , t,lc nc, i nt discretion of tne 1 resident, may tnined in your letter to the Marshal of thu Stitli f , J’ c,nove( * by the Marshal, and they forfeit ail ti- Augnst, directing the expulsion ofour whole white 1 e J° whatever'claim they may have which shall be population from the ceded territory. I beg leave, VCl,te( ln l ‘ ,e ^ nit °d States, therefore, to submit, for the consideration of the A recital of tho several acts of Congress pns- Presidcnt, iny view upon this new nnd unexpected 8C( * .' n rr?Iati«>n to persons who have occupied and state of things, still trusting with iiidimimshed cultivated the public lands, will confirm the opin- confidonce, that upon a review of the whole ’°n still more conclusively, that thut body did not subject, lie will find ample room to rescind this intend tn prevent their cultivation, nnd that this measure, which I am constrained to believe is one w as n °l the evil sought to be remedied by the act of uncalled for and unnecessary severity. In looking over that portion of the documents | of 1807. Uy the act of 10th May 1800, “ouch person who furnishing cotnpluims against the settlers, which kefqre the passage of the act, shall have erected you did me the honor to enclose for my mspcc or begun to erect a grist mill or u saw null upon tion, I was nt once led tho conclusion that the ,,n y Iho binds herein directed to he sold, shall determination to remove them had been produced bo entitled to the pre-emption ol the sectioniii- such mill at the lute of two dollars per u- inonths of July und August. All these documents. | Uy the act of tho 5th Feb. 1812, “every per- xcept the lett«’rs referred to, nnd one from some i Sl> ** or the legal representatives of every person mainly, if not exclusively, by the information con- * ^bidin tamed in the letters of Mi. A list il, written iu the of the Chiefs of the 20th December last, are of n date anterior to your communication to our dele ho has actually inhabited and cultivated a tract of land lying m either of the districts established gation in Congress of the 8th December, L83J.! ,;,r t!ic sale of the public lands, in the Illinois ter- giving permission to, 44 th *sc persons who obtained r *tory, which tract is not claimed by any other per- poucoablo possession of the lands on ' *‘ * 1 * •”»*“ ”**“*' **"* ' 11 live, foe. to occupy those tracts ’till selections are made.’ complained of before i llicit they ! s,, n» nnd who shall not have removed from said ter- fie several r *b»ry, every such person and his legal represeu- It appears that the injuries lotivus, shall be entitled to a preference iu becoin- this period, were m ire nil- big the purchaser bum the United Elates of such inaruus, frequent nnd aggravated than any which tract ^ Ul1 ^ al private sale.” hnvo been indicted since. Mr. Austil, has adopt lly tho act of 12th April, 1811, “every person & i i . " has ed tlie plan, it sopiim, of reporting t.) the \Y T ur Do-, the legal representatives of every pcrsori, win# partmout, in.l.vi lual cases of intrusion, and when actually inhabited & cultivated a tract of laud ly ■'“i 1", u| ’’ lllf,y d ° ,,ot ni "' ,u " t 10 an >' i l !'»‘ l' nrl y "" c ■>* Louisiaim, wind, compos, u.unl, l.exide. e,„ .r , . .1 . , , . r , joJdio few territory ofOrlcttiw, nr lli« Mississippi lor- Uil kiip.ilniej i„ trim that the tenor and complexion of his ritory, which tract is not rightfully claimed bv any are cn.culated to make an unfavorable im-! other person, and who shall not have removed from considerable number. It is letters pression of the settlors generally, but il is obvious iiiiiiiliar, wtmkeut in .ire..,fll,-„ l.u p„y u,„ |u„,i laxila, and have, in lire .(fprepUu, tlie least and iiitrlligfiioM. Lither Arithmetic lie* and .» a uulutli.u, ur such is Ihv Verdict. 1 Jo out pre 4 Kicii.irouii ,\u. 2. . t liaye removed from - -aid state or territory, shall be entitled to the right that ... prejudices are very strong, that his tool-, of pre-emption in Ihe purchase thereof.” lnos had become excited, and that a correct repre- By the act of ‘>Jd April. It'd;!, “ every person or sentation of their character, or of the true Co.idi-J ll.e legal representatives of every person, who be- turn of the Indians, is to bo obtained from smue. me; mtlier the head of a family, or Uvoii'y-one 257““"*; y,,u ( l . ,ave beon ,cd f to fo 1 r ; n . from yeurs of age, did on or before the first day of Jan. on ,t th? rlmh'd r're "" ..pin- IriiB, actually ...l.ab.l and culm-ale a tract of land, ion the f,iiat body of these people, I bee leave situated in the territory uf Florida, winch tract is “us? Nine “te nt J '! 1 l ! tlerl f ‘•■rreneoii.s and un- not riuhlffilly claimed by any other person, &. who with.he In I «'F tl.C'n l.avo not mtorlerrod shall not have removed fro,..the said territory, shall with too Indians, and m tho upper counties, which j be entitled to tlm i mlit ut pre-ciuntiuii m the imr are Ihe most populous, not a whisper of dissatis-' chase thereof.” “ 1 1 “‘ e l "" T l hec,m l ,ree'? Utt ,° rL 'e , ' , ! Uy U.o 5tl. section of tho same act, 1 he country in question, ns you have been nil-: son, or I, visetl, has been laid oil' into nine counties, by actol our general assembly, and organized, s,, ment 1 i.!mfu! , . tir0 ,,, f a . cl,i, * c ry « f our Slate Govern-! ter and receiver tor tlie district of JndtL.. • \ ..r 1811), did actually inhabit and cultivate u tract of aid district, not claimed, &c. shall be 'II t Mil, JikiUuh • miV Lu Unsigned. • '1 uu g'lYurutiu ot Im* no pretteiit . • il ftu-’L ol tuu wt-Volion* :>* will i DidlUrii 'i’bey uru the private pr.i.mi in pii**euaittii, who arc, in ih» rc*i>c< pcwdv.nl (Hi Uie will or pHrmi**ii>D of Him govcromeiii l..r il* voj .yiiiMiit If any Airent of the United States were to attempt ihe removal of one of Uiu*e people, entitled to have hi* selection around In* im provement**, it cannot Im donMed that tin* District u °urt or tlm court* . f tin* .Statu would iuterpo** their imthonty for hi* protection Whence then i* the power derived to regulate or control the possession of the** improvement*? If tlm Indians choofse to relit their lield*, they only iiwtr •he privilege ciiiiimnn l(» everv citizen, and if a per- son oltiiiiiiH peiiceuhle po**e**iou under ii contractor thi* kind, lie cannot he removed l*y military force, w’lthoiit a total diregard o| ihe ('oiiNliluliuti of tlie Uiiilvd Si ale*. || a citizen can he IIiiih forcibly and iiiiceremonioii»ly expelled from lu* p .*«e*»wm*, \ho sword Iu* alrmily cut will from that ineirmneDt the c.lnu* « which declare* that no perM»n *fmll be depri- %edol hi* “properly without due proce** of law.” Bill iiitroder- are lo he removed liy lorce, lioin the selection* l„r Ihe lerm of five year* fr.mi the rat ification oi the treaty, *&«. Aftei the Indian* ore placed in posxes.-ion of their tract*, 00 of which are to contain 043 acre* and the oilier* 320 ncre* each, they will certainly cease to lie public land. N »l on ly tlie right to occupy, Iml liie right tn*ell u secur ed by Ihe treaty *. an«i il there i* an\ reason lor con tending that the improvement* before the * reserva tions are located, are not private property, there will he none nflerwnrd*. ( tie (.ooAti'iutt'iii of the United Srates, in limiting Ihe power*-I In* general government, in relation to the public d oimio, is loo explicit to admit of doubt |l i* lhai *• Unrig t-s* shall have power to dispose ol, nnd make ail ueedl'ul role* and regu 1 *- tmn* respecting ihe territory or other property of the United Slnit «. ’ lien these land* are *••!(! or dispoHed of, it* no. Inority r.ease*, ami i| has no more or greater power 10 i eg ii In I e their in lire p"**es-»i.m or punish for tres- p‘i**e* than any .■ lo-r land I.older. Ti.e g..yerii- meiit ni,i y iiiakt- n cooiYnct w 11 It owr citizens, con- leiriog "hut title it chooses, Ion the contract i* to be enforced and the title protected, by Him court*, and not by il* own direct iu li..n One hundred I ears might with equal propriety, have been insert ed hi Hie treaty, and there was the same authority lor extending the power of removal, to subsequent ere was I.. the Indian*. j withm lii“ limit* of this State, ud iMihp-ct lo its laws, in every I»r iinestlO'ied. at least hi* Him ( * al <ioveruineiil. iiotlimg more than a cmilracl ms ol Alahtima : — Suppose an agreement had beeuVulered into with gl.l resident citizen* of the county of Montgomery 3iing lor themselves nud also ns the Agent* of on* neighbors, by which the govern- iveying to each (ill) acre* of land, remove by force, for five year* all persons who might intrude upon any of these trncts. 11 is quite apparent that such stipulation, a* well a* any attempt to carry il into effect, would he an un warrantable interference with matter* which can be regulated alone by Hie I iw* of tlm Slate, and a pal- rotK hmeiil upon il* jurisdiction. And vet precisely similar in principle to Him one purchaser* that t That the India are citizen* filer. liol be (jiies||o<ied t at least by (be (ieir- meiil. The Trenty wilh litw*H n many ctli* iptfin who I very |>er- or her legal reprorioutittivcs, comprised in the list of actual settlers, reported to the cutn- iiisiunerof the general laud office, by tlie regis- Court these counties contain a population of six < .ruucmijr u more unequal ; —(.» L r IV H H,- , ,, , “ H""" 4 '"" 4 " mx or eight 1011 power lo tlut part of the people, wh" nr „ | HW e*t in ® ol,,< *» nnd * ,,e "ggrogate niuount will not I tnd IIIH.I wu u,aa L ... .1 C " 1 •'* ll(» siliirt Ilf I ISOI.I .. . I I >•«( I be 'iWrenl obie« fi of lo "* u ri«»U of pre^niptum, u„ hecomioMho and ttld'o'l'o t i? 10 " U,i ' 3 ol 1,10 tracts nro takeii.) and a,so to obtain the necessary q.iamtty of cuttlo.j Kneh of ihose or territory and n cre generally pus- begs and other stock. It ^ S ,icE‘ Cn,braC .° d «» « I- Hu* c und*r cun*uierati( If the general goyernmeiit have the right to r*.g uim** the conduct of our people hi relation to their laud il ii cun rightfully expel a citizen who Ire*- passe* upon the lauded possession* ••! hi* neighbor hv the summary interposition of ii military guard*, without even the form* of military investigation,* what is to restrain il the oxrrcisM of Him" pow er ui relation to tre*pn**eM upon personal i»rnp«r« ty ? From this Him lran*iiiou would he easy to Hi* taking cognizance of nil ii regularities, misiienmeft- unis mid crime*, the right to punish, winch Im* heretofore been considered ns belonging «xclu*ively to Hie Slate tribunal*. If, by Him treaty making power, the ordinary operation of our law*, upon th* persons and property of our citizen* can be suspen ded, a* Will be the case if the 5ih article of Hie trea ty is executed iu the mode prescribed in your late order to the Marshal, the whole field of State juris diction may lie considered a* ncciiped ; und Stats son nighty, lIn nserved rights of the Slates, 6,'C. ar* j hut uiuneiining sound*, totally unworthy of *enuua I consideration. I 1 know that these terms nre used by ninny a* mere | emit expressions, ond that they have been brought I into disrepute by the extravagant pretension* and ubtfurd doctrines of u titter titutv ; but they imply

Georgia Historic Newspapers

The Georgia journal. (Milledgeville, Ga.) 1809-1847, October 30, 1833, Image 2