Newspaper Page Text
rules of reasoning, we shell no uoufit more
satisfactorily prove to them the reasona
ble item of Urn common law, and its espe
cial applicability to the present statu of
the World, try statin# \he fact,' tlmt these
laws aro not written rules, as our statute
lav .are, ami so liable to mistakes in the
printing, ami to the interpolations of inte
rested persons, mid tlue misconstructions
of techie or perverse, minds. Nor hate
any of them been made in modern times,
so as that they might po fashioned to suit
any particular parties, persons, or purpo
se*. But they aro a collection 'of customs,
never committed to writing, hot handed
down to us liy tradition, and were first a-
ilopted, nobody knows when, why, nor by
whom. And, as Mr.'Justice Blaulcstoue
Says, 1 the maxims mid customs so col
lected are of higher nilthjttity than memo
ry or history eun reach, nothing being
more difficult than m ascertain the pre
cis*) beginning, and first spring, of an an
eient and long csmhlifdied custom.’ And
so my Lord If tie say's, ‘The original of
the common law isdl* tiudisecrnahle as
the Iteail of the Nile.’ Ami indeed in this
seems to consist the very essence and ex
cellency of these customs, for so soon as
any one can asctp iuiii the commencement
and original reason of them, they cease to
he good law, or see lllnckslontfs Gum-
nicntari«8,fvot. I. p. 70. ‘Ho, that if any
One can show the beginning of it, It is no
good custom.’ From w hi«ih preerding
remarks end authorities opr intelligent
readers are no ilnulrl fully sitlislied that
the common law is admirably well adapt
ed to our times, ami in the highest degree
rcH.-mmhle, tor although the learned Mr.
Christian iti his notes upon the Coiumen-
tarics, alleges, that ‘ it cannot he di-s"iii-
bled that tlierc are decisions drawn from
established principles end maxims, ivhicli
arc goo*! law, though such decisions may
be manifestly absurd ami unjust,’ and tliui
‘ precedents ami iuIcs must'bo followed)
even when they are flatly absurd uiftl tm-
just,’ thereby plainly hinting that these
precedents ami maxima aro sometimes
Jibmrri ami unjust, yet rnrtiinnfnly the
learned lllackstone himself has furnished
us with a very ready way of getting over
such difficulties, ‘lor,’suys ho, speaking of
liio ruies of iho coumioti law , * though
.their reason he not obvious in first view,
vrl ■—--lui dcicrifiicc
IIOl tO 'Pippin—>
with equal cotifiilnnee to the legal ttlbu-1 n'reaily prepared it
mils, and aro Haiti to be rerhw in curia., pr G’* ) mind--in to.
■ • ■ • • ’* ' i, ,v thing it lit* ! •
that geidlcinnti’s (Mr.
it iitiitd that never lost
to fltund right in court, w hich, freely (
doreil, we umlcrstaml to mean, mart fair, n e w as only to
it lacing impossible to conjecture on which ).81■! iu<*ir introm
side the weight of law is, until all the c«-i inrasii.-' * he pro
so* are regularly cited hy the cotiusel und | “ to xuty the hutm ut avai.ee at o i
Counted hy tlui court.
•t toe pur
dot, imo iIn- world. The
worn intended
DOMESTIC.
VIRGINIA I. KG IS LA IT' it K.
Nouse of Delegates, Thursday, /■'/>. !
Mr. GILES’S RESOLUTIONS.
[See il,e Resolutions published in our ’ylpap.tr.]
Mr. Cites— culled uptlie resolutions of
fered hy him on Monday.
General Taylor rose and opposed th•»m..
lie said he wished to know more on the
subject than ho then knew. Ho did not
see his way clear Indore him. lie might
he, perhaps timid; lint he acknowledged
that he was not tinned. He was not wil
ling to take a slop from which ho could
not recede without disgrace. It was true
that the resolutions canto forwurd ill the
iusiintntiiig disguise of an enquiry. The
getideifiuu from Amelin (Mr. Giliit>) had
lold uh that he wished to make the * inpii-
ry in the spirit ofphilosophy and candour,
llni that gentleman ought to know that
every person did not, like him, enjoy the
advantages of age, of retirement and ol
afllietions (which lie had so nobly borne)
to temper them down and prepare them
lor such philosophical investigations, if
the reul object lieu calm investigation, lie
did not think ilia scene nor the time tilt* d
for it. Tintclqset, and not that Hall was
the scene fitted for philosophical investi
gations ; in the closet only were to be
found die noct-Mury means, a calm and
dispassionate temper, without which phi
losophy could attain nothing, lie did not
think the Legislative Hall, ut any time, a
fit place ; und especially at a inomem
when so many elements of discord are ut
work. When such a crisis as is suid to
exist, was pending over ns, it was not a
time to draw up a political Cuteciiism or
essay with deliberation. When he looked
into the resolutions, wirli all tin, respect
he felt for I lie chit racier of .Mr. Giles, and
the spirit which he thought displayed In
them, lie felt abundant cause ol alarm.
Tiic enquiry, he said, was either nugatory
Iijiil j iu not lu UUPPni. - . or mischievous. What were the subjects ?
wholly vvitloMJt coiisidcrniion ;*" V of them no enquiry need be made,
,c gentleman In i told us the otfi
jdm.iii .i iiyu peeuli r to luniscd, it
r i passion had no ears. 11*' would now tell]
| thill gt'uihnum that i.sni'p uaui had no
| ear-- ; it con.- , *!od in r.ris. M ocn, lie
(Uakf-il, wits <te-; uism ever known to stay
it* hand Oil accounl of wolds or ot algo-
mem* ? Wilt'll di*l evt-r solicitalioii
and lours stay the arm of dcspoii-un:
would be concern™—they would
ok .. Mon who wool I not r > i
. The Como,it-:v»V '"‘ginning ; even lie, when V.,-
u t of a nurse. 11 [ gui.a Vid thus committed heivell, would
noteuisMM that she should he Itutnhleil
and disgraced. The contest would la:
unutoiduhle. There vv mol lie no stop
ping place. The -Government of the II.
States nrist atilttmt to your menace, or
voli must force florin to rlo so. You make
mi aiq,cal to tin? world, and cell all man
km I to witness your wrongs ; yon adopt
| your measure* under these circumstan
ces, ami they fail vv ar, he said, vvnul I It"
the Ycsult ; he proclaimed it boldly. Il
these matters were to he re-asserted, ami
vour adversary r» fits').I von justice, hi:
s.uo, vmi migiit to plore' n : vm would I"’
You must slay it, said lie, by slrmig'M . - , .- .
means-You must lop it from me body. j dnvc.i to the ultima ratio "I nntmi.-*—ib
Jfut the resolnlimrs tell you to do tiene
Yoji must adopt means to rein stifle tin
rights of the stated. They could not hr
reinstated unless they have been over .
liftboy hud been overthrowti,-| prepared to go on f He besought them
sword inusi \o drawn and the scabbard
thrown away. Gentlemen might think
lilt; specific would operate well ; it net,
wliere was ti.e halting point—Were the
former
thrown ; an
where was the Virginian vvi.o would talk j .m i
of other means than force ami arms;' To j Mi
ascertain vvl.ul was intended to grow oil
of these resolutions, lie had looked to
other means than were furnished upon
their fti'-e. lie had looked to the speech
J of Mr. Giles on introducing them. T .iat
gentlcmiiii then said, thui i! our com
plaints vv ere vv ell founded “it been me the
honor, dignity and morals oi Virginia to
I cense t» complain ; consistency required
her to uet.”
(four cmnpltiinta he well founded, w
are to cease to complain. V* hat then are
we to do P Is ti proposed to submit r
Or is it the object u, send
key to the proper understanding ami due
digestion of many rules of the cmmrmi
law, has been of infinite assistance, and is
much used, in the study and practice of
that science.
Having thus satisfactorily disposed of
the first point, vve proceed to show how
easily an acquaintance with this law may
be atrainod to. Now these rules of the
common law, upon a due knowledge ami
observance of which the life mid property
of every member of the community inti
grc.it measure depend, uro not, as vve have
before observed, written out and collected
iu one or more books or sels of books, as
the civil and statute laws are, so that a
person should have occasion to know how
to read, and reflect, anil reason, in order
xo route to a knowledge of them ; but ve-
ry happily for us arc »lor*n\ up \u vbo
7—ami mmucstiomt
tile. r or instance, fTfif ‘TTrsT-H^swmwitt
proposes an enquiry whether the exclu
sive jm isdictiuii over the territory, per
sons ami things, was not secured to the
government of the state by its constituti
on ; and whether private property was
not amply secured against the power ol
the government.
lie put it to the candour of.Mr. O. to say
if this was w orthy of a deliberate enquiry
r.i Virginia. Since the achievement of
our liberties hy the Revolution, am) tin.
establishment of our free iiimitiuinns,
could it be pretended that property was
not secured from robbery and plunder?
VVlint was meant by .he second enquiry r
Uni it mean that no jurisdiction had been
given to the general government, or that it
specification of all the particular acts
ike tin: fitvt step.
fl'itt rose, he said, to express the
utter astonishment at the exhibition which
Gen. Taylor hail ta nlc of himself. It had
almost the i flci t of subverting every idea
he had over formed of that.hniiorublu gen-
I.oil,an. Nothing, he said," was more com
mon than to spinel the iqnuin of alarm. ; H
was a common expedient. Hut when he
tunic to look to tiic affinity between the
cuU'o? uhd effect ; witch he took tivirvv ot
the whole Bilhjuct, ho .was really struck
with astonishment «t Xvlnrt Iho gonllortinn
'had said. ■ Mr. G. said he did not count,
^ but that gent'cJiiuu lt:td told us over, and
deputation I over, and ovet again, that be was ti.ur.Mct/.
to discuss the subject with Messrs. A- The gentleman hud even shuddered a.
dams and Clay ? This Im said would 'ho phantoms which !,•? Imnselt hud con-
1,0 argument. Hut Mr. Giles Imd gone I J-ired up. Gen. T. he said, was the. last
beyond this, and said wo ought /.a act— nan in that house Im expected to find so
Mot |,ow act? If it wore a question with i easilv alarmed. When ho recolloctcd the
a Cor
wlm
reign government, ho would know ! confidence he had nlwavs had iu that geu-
t. was meant. When the President, j ileman’s gallantry ; when he looked tu t.ic
late war ami recollected the distinguished
part he-acted astlio commander ut Noi-
hfl’ore iho Into war,drew up bis inauiieslo
and lull of indictment, setting I'm ill the
wrongs wo had received, Mr. Giles
told i folk, ho was surprised to find him the ti-
they ar«) to fiu exfntotwrf by a uurtuin pro -• "* iat )abvlie grams ot unrtsebc-
tics*, culled u case iu court; so that any
one who has a tb'siro to ho informed of
jus own rights, or those of his neighbor,
in any particular, instead of tumbling over
tnunty books, to the great waste of bis
time and injury of bis eyes, has only to
set about Hiicli a proems, iti which lie is
very kindly und willingly itssijiod by gen
tlemen of the bar, ho called, (grc.it mim
Ijers of whom are lilwu v s at lujtnl, ready
l'or such undertaking) when after a low
years’ constant ufleudunrn upon courts,
ond the luying out of sovmul small sums
of money, not worth mentioning, 11o will
«ibtiuu u sufficient knowledge of the point
iu question, by a regular decision of the
judgus. And this coiiiyo of inquiry being
tree in every one,' rich or poor, high or
•low, all cIumhu* and mouthers of society
have by these menus an equal opportunity
of enjoying the laws of their country.—
Nor ought vve to neglect mentioning here
what puts this mode oTnrqtiiriug n know
ledge of the law greatly before every o-
tlicr, thttf, I'W several lUifficient reasons,
t'bo legal.iuforiiniuoi), once obiained alter
this manner, lays such good hold upon the
memory, as seldom or never to be forgot
ten lor the rest orotio’s li/’o.
Hut notwithstanding the plain cxcidlem
l ies of the common law, many persons
said, und perhaps it may ho thought with
some reason, that if people vvuoonly a-
Me to ascertain "what the law wuh after it
was decided agni^ri them, it was no better
than tx pollfacto'Uiw, ami therefore cou-
trary to all justice ; amt that all the rales
mu! maxims of the coomion law uogi.t-f.r
lie collected and tvi'llicn out plain m.-moi'
book, ho that aiiy person might go to n
nml suit himself, cording to l.is case.—
Upon which, and many other like sugges
tions, it was set about to improve the old
system. And this was done in the only
feasible way, namely, hy creating i t. ouco
a great abundance of m vv judges, of all
nnrts and kinds, from whom, l.y asynisfuni
employment of them, all lie: rules ana
maxim* of the common law might in a
-short lime he extracted. In addition n,
these, numerog* lent und r* porters were
also ttjipoiuted, .whose duly it should he,
tiv write out at length, mid publish under
•Jteir own luiiulu, the deuisionsofthejudg-
e». Ry v. Incli judicious tiicuim these eaiil
don .
, —„ grnntB of ivtritidic
I HitllH fur MH*lt
I lore the enquiry v. as useless ; nr> pnifoHo
pineal results were to grow out of it. I
was utterly nugatory . Tint people never
thought that tIm power to in'o privai
property front us owner in tho manii' i
suggested ill the rcHolulion, existed. Hm
when they see the Legislature engaged in
the enquiry whether it sad been coulert ed
or not, it would produce doubts and ex
cite ixlm in and dismay among ilium. Tin
the Senate of the li. Huites it was a war
measure. He was right. It meant that
tho argument was exhausted, and th* 1 '
move v*.-s- h- ooiuiurse huL lo war or dis
honor. Gen. T. Hiiid'thaf Ida mind was
not familiarised to ideas that seemed to
give gentlemen no pain. He heard bay
onets talked ni' t and disunion spoken of, as
if they were not words of awful import ;
•>•••*> «.* Vf to tiring alumt oiler ruin would
not bo the consequence. Gentlemen who
used them were no doubt honest in their
views and intentions. Hut lie was a timid
mail. Jle did nothketo talk of war.—
When disunion was talked of, lie I’tncicd
'bat ho already saw brother .arrayed a
% dust brother with bayonets in then
hands ; that he saw ilm extinguishment
of the brightest srar that hud ever risen
upon the hopes of man. He thought lie
saw the land of his nativity, of the sepul
chers of his fathers, disgraced —ruined—
he thought he saw standing armies estab
lished— ail exhausted treasury ; \ our pen-
pie constantly in arms, arrayed against
one another with the most determined
animosity, rendered more hitler on ac
count of their former friendship. He
pray c.ihagemliw/jH'ii to indulge ids appre
hensions; for, he really felt tbssi R-ar*.
But should tliMriay of trial or diftic.div
^'orTTom
duty to her as u unit, rind oiler In- life b,
her service. Hul tlm extent of the pre
sent proposition lie did m.i see ihslineilv
He could not cinhnrk m a vessel imlcs.i li*
knew her ilcsloiatioii. Voer i’almorii'i
miglii he very able ami expen,'urti*| -bin
lie might fall overboard — Win then would
i remain to condurt iin throtigli ilm dang
next empiiry proposi'd was, whether the i nfricylln and (.'aryliili:* ? lie then called
power had he,eii granted to r.ie general I on the gentleman to sny vvlmi lie itn'nitt | , ' l,! httbtu he ihc" (.e
mid creature lie represented himself to lie.
Nothing was more common, when an en
quiry was proposed, than to give an alarm
that was intended to spread through the
House like a contagion. That was nut
nil—The gentleman had inverted every
thing ; he was warring with more sup
positions: und those too, fur-fetched*—
These suppositions, he apprehended,
would lie put to rest bv the vote of the
Cntminltt" . Mi. Li. said, he thought ho
had 1'iiUse to complain of the indecorum
of'ho Member from Norfolk, who had
said tfiat tee committee would he merely
nominal. This I e thought disrespectful
id tlie House and imh curous to him as nil
individual, lie would ask if that gentle
man ball no confidence iu the House, nor
m the dignity and impartiality ol the
Speaker ? ]>id tic suppose that the com
mittee would lie improperly selected ? If
tne cornrnittec were not nominal, where,
he u-deed, was the ground of alarm?—
Wit * it feared that they would not do their
duty. The whole merit of the question
depended upon the single fact ; whether
tin committee would lie real or nominal,
li the alarm came from him, Mr. G., or
j Irom liny apprehensions as to what he
irfOividvialiy ibought on tho subject, he
considered it uu indecorum. The ohioc-
ban XV>I1« not to \tio llnni, v„,t lo <)■« pc-r
wlm iritro'inee't it. 'I'hr gentleirurn
bid called on him, be ilid not know bow
mnny limes, to nay vv liai he intended to do.
(Gen. Taylor lu re said In: only w ished to
know wliat weio the individual impres
sions "of Air. G h h.) Mr. Giles then uskeil
if I Im! u ere deem oils ? Ilovv was he to
know wlim was to be done, wliat facts
wonId be in.cm lamed ; what principles
deii'lnpcd ? Il:s own inqiresoioilH, with
could have
1 ft th ;! to tiicirottxr iu the, flilt*:o;tt».Ie:'C*e
tnat limy vVmtid reiluct upon, mm ilecu.
what was bc-'l to be done. U*> t"W lor u-
ed houij opinions on tiic subject; and was
w illing to go into the comparison ot them
with those of other g"i)t!ymcn. It would
ho found that ho was prepared to yhd'i vs
mu"!i to others as they could require —
uml even more—lie would take their
Hchemc* if they would answer the pur
pose, ill preference to any that he had
thought upon. It was also objected that
the subject had been enquired in'o last
year. Hut the present enquiry, ho said,
went a little farther. It proposed, by tin
able committee to ascertain first prin
ciples, nml to nqiort important bids to t.ie
Hons':. This lie thought was easily dot
The gentleman had read over and over
the coni'ltnling part of the resolutions, and
commented upon the imaginary results
which lie thought wet.Id lolkiw. Genet nl
Taylor had dwelt on tho supposed mea
sures lie thought contemplated lo stay toe
hand of usurpation. Hut, said Mr. Giles,
sttppo-H it I e found that usurpations bad
actually occurred, and that your im
portaut rights had been invaded—was Vir-
ginia willing to submit to this ? to be tied
to tho slake—to submit to unlimited taxa
tion—to become the vassal of nnqlhcr go
vernment! Were her people^prepared to
aeqtiiescc in the prostration ol 1 heir rights,
because the blow came from a govern
ment, whieli they had ascsted in forming
atid in the mjiiiitcnniiee of which in its lo-
ritinmte sphere, they were interest'(1, in-
| stead of from a foreign government ? Or
| were vvo prepared, on the contrary, to
I proceed cautiously, by looking into the
j inundation of our rights, tracing ihc vio
lation of them : mid consulting for the
; in "on* of redress ? The latter course he
thought the tiietate of prudence and vvis
dom. He had not expected any debate
on the proposition to submit an enquiry to
a Committee—und when lift rose lie had
not intended even saying this much. He
c mid not believe thattlie gentleman was
us null'll alarmed, us he seemed to !*o.
The House then adjourned.
Air. I’agc, called up the resolutions of
fered by Mr. Giles on a former day. Mr.
Il'alts moved their indefinite postpone
incut, ami called for the ayes and noes.
Gen. Taylor, then rose and supported
the motion in a speech of some length, in
which he again took u view ofthc ii uoci'-
iligtiatinuagainstt o c win .havingt*
i power hy bargain, would hold a m, ,
lenci:.”
The papers communicated to C iiigr<- .
with the Message, and for which vvo J, MV i
not room at present, are,
1st. A Idler from John Prowe||, Greek
\genl. to i ne Secretary of War, dated l,,;h
January, giving information that the sur
veys wire extended west of the line of the
Treaty of Washington, and imploring Hie
Government, by request of the Indian
(Jhiefs, to “ interpose its authority to pro-
tec them in tlis ir rights under that treaty
2. Th** answer ot the Secretary of War
to Grow oil's letter, dated 2i)th January, in
w hie.lt lie says, “ they (the Indians) have
very prnpt rly made known their prievnn-
e.•*, ns hecun.es good people ; and tunhrrit
will he e.’. peeled of them they will not go,
but wait for 8iie.lt measures as the wi»dnin
of the Government may devise to secure
to them their rights, as these are guaran
teed in the treaty of Washington.”
.‘i. A short letter front Air. Harbour to
Gov. Troup, dated Sffih tilt, communicat
ing the measures taken by the President.
■1 and 5. Letters from the Secretary vf
War to John il. Morel, Marshal, an i R.
W. Ilubershant. District Attorney, dated
UOthJnntiury, directin'; the laiter to pro
cure the proper process uml tho former to
execute it, in arresting the surveyors,
“ that they may be made amenable to
law.”
G. Instructions from tho Secretary of
War to Lieut. .Lit. Vinton, Special Agent,
ehaigi d with despatches for Gov. Troup,
the Marshal and District Attorney at Sa
vannah, and the Agent for the Greek In
dians.
[COPV.J
Reply nf Gov. Troup to the Xcrretnrij at ITar.
Executive Depxhi must. Ga. i
Milledgeville, 17th I'eb., 1827. i(
Sm—I rccciveit this af i'i.iioon from Liaut. Vio-
ton vour N’lti r of the 2ttih alt., amt read within
tin' same hour lioth it nmt the copy ol il as puls
lisheil in the Nat. Intelligencer of tho 7th iiisl.—.
No room was lefi to mistake the meaning oi this
dispatch Lieut Vinton amiouncell iiiinvrll ia
an inti oiluctory note (a copy of which is hmr.iih
trar.smitteil) us the aid of tin*. Commanding do.
iitM ul, and vt vi arc snOicionity explicit as to ilia
means Iiy which you propose to carry.vein reso
lution into cfi'rct. ] inis the military ch uatter
of the menaro is caiablisheil, anil I am only at
liberty to give to it the defiance which it meiill.
Yon will distinctly understand therefore that I
government to violate tin? right ofpnvnt
property at its disci uliuu, und to lake pri
vate property iVuiu the owner and give it
to another, neither rendering public sor-
v ire.
Dnl Mr. G. lut asked, think that a ques
tionable mutter? Had the general go-
vonnncni II claim to tile doubtful power
to violate tight, to do wrong? Who am
Uirtained such a belief ? Did Mr. G.liitn-
Mi'll doubt about it ? No man could en
tertain niicIi a belief, lie pmie-ted, that
if Air. G. really thought tho g ivermnem
had that power, it was tho first time lie
had ever heard that such an opinion was
outnnaiued by any min —nml lie ml vised
that such opinions ho kept Hoc.rct, for they
were calculated to produce alarm. To
set up a false title always had the eljl'itt to
produce alarm in lint real owner. What
utiHwer could be given to snub an enqui
ry ? One of two only ; that thu [lower
docs or does not exist. Did jhe gentle
man wish that the eornniiti*'*', »1W an iu-
vusiicntioli. plnlonophiettlly conducted,
-lioiild answer that it Ints? Gen. T.
thought the only answer that could be
anticipated was, Unit such u power did
not exi-i. That House hud, during the
Inst winter, gone into this philosophical
enquiry, und canto to the same result tliui
is ii jxv uiiiicipmcil.
He pur it to the cundoiir of Mr. O. to
say, it lie wuh not exactly iu Iho condition
of the man who conaulu'd ilm Omcle of
Old, having first known the answer he
was to get. Hut if you got the answer af
ter a philosophical enquiry, vvltnt was to
1)3 the philosophical resub ? '] he answer
wan given last winter. As to Home of the
enquiries then, they were useless. On
others, Virginia bail already expressed her
'pinions, and it would ho more pi opor now
to do? Gen. Taylor Haiti, lie would not
speak ol vvlmi had occurred out of doors ;
lie would m t miderlnkn to give the gen
ileimm’s own v ievvs, b eaiiso lie prel'orred
that hes.iotiM do it himself, lie a.-ked a
candid avow id of wliat was intemled to he
don,-. Ho could not lie satisfied with bo
mg told ibat uc asures were to originate
with the Commits*!. Ilo and- Air. Giles, |
he said, hud both been iu the world long J
enough to know so,, .-thing of human na
ture. They both ki.-'.v that men did not
nl wave think for theinscLes. There were
secret Bpriligs llmt frequently [iilt tile
wirea in motion, without any one being
able to conjecture tho real cause. He
had no doubt hut that a high-minded and
honorable committee would be found
hut no matter who thru Committee Aa*,
liie meditations of the Wigwam would be
introduced and felt among them. No
man in Kentucky, when that State patrsed
her famous resolutions in 171ft-*, knew thul
a 11 ii ml in Virginia hud drawn them up,
and put the wires iu motion. On another
occasion, when I'caoiulioim were adopted
iu thui House, which seemed to spring up
from the occasion a« tiro etfqrt of the mo
ment, none hut the member from Amelia,
knew tlmt tlicy had boon prepared to pti-
vHie \vitli tbe greatest deliberation, lie
apprehended tlmt, on this oetasion, mea
sure.s were not iu atnbrio, but had been
actually formed. And was tho House
to be told they were to adopt measures
nothing t" do with the mere question of
enquiry iot" principles mid tiiets so irn-
! portion ns those referred to hy the rcsolu
I lions. Mr. G- thought the discussion iu
this c'**<?_began at the wrong end. Be
fore tbe cnquiiy begun, you are to tell
liovv it i* in uml. Was ibis the mode to
l conduct u philosophical enquiry, to use the
I terms of the gentleman? A ptdlosophi-
I cal enquiry was an investigation after
I trulls. Hut it laid been uskeil if this was
tlie place fur such an enquiry ? Ail en
quiries, he thought, ought lo he of that
cTmritl'tor j'uml lie did not see why the
committee could not make it in this, as- in
other rtf'e-i. ’There was nothing new iu
tilt? subject except the gentleman's own
BUggestibus. In reply to the objection
that that Hall was not the proper place
for phijosophicnl enquiries, Mr. Giles ask
ed, if members could not make the enqui
ry in tl’.cir chambers ? lie presumed the
geuilemun had nlreudy availed himself of
tho advantages of that retirement, and
had consumed the midnight taper in look
ing into the subject j and it was matter of
regret tlmt be bad turned bis philosophy
into |iuKsion. 1 i*> would recommend that
ho should return to his closet; leave there
his passion, and come into thui Hail with
his philosophy.
rules nml maxim* oi tho common law have j to take them up arid found measures upon
now got to he so well collected uhd re due- j them.
cd to willing, that it is ’thought Congress
will shortly have to set apart cue of the
western territories for the sole purpose of
storing away the numerous hooks of m
The resolutions were the first steps to
ward* measures, to winch it became the
members of tlmt House, us prudent
men tc. Sunk forward. The shape nfen-
porkw containing them : after :be manner f quiry which they assumed was a mere
fill housewife, vv bn is ulvsay s I eliding ; mid-the Himwers were to serve
lijiprapria'.d some shanifier ; as indexes to point us to the roud thn gen-
se-to the pur;'*.c of a roLlo.-b !’.leman intended to pursue. Tho matter
of a careful housewife, w i n ts siwa-.s
know u to
in bet house-to „ BHi .
room. Nor did tiiw rsp'.''. »;.. r r»erii>n of I ntnl pith of tho whole-rewohitiona were
the eontniou lawfaiJ inf jisarf'v'i'-e the a*l-j to be found in the coBciusiim, iirstruct-
»aat«ge* expsvrunAfioiw IV it of>en (ing tlie Gommittfo to report tlie inea-
huppenetl lieA*«e ta % • si; jr -r,n* ! surort that “will oiost ellcctmilly tend
xdfo eliiMti -to fam iiu'.v sne?** *».',.’dl dL
pule with each Mfaw„ .'uc'<* examine
imo the inn ©a li* mtfytx4» they eiiher
found no xAynJie&J 1 **! r .-wi o. t hU, toueb-
ing the qi;iartii,<i,f. ' &*'?«. ti,t , v..:re v*rv
likely .lo bt ' c * d* < f it, which
greatly disap:. • •T'M.'f •« *■ of the parties
and lunch dues. ,-Tjr*4 msf-t\ and.iudie.iid
investicntio’.is. %% • ,joce tlii? better
si alcm-m ot the .w hy the tmiltiplica-
tic-.:if voh.ittfih' rep'r'., iiuifleroiiK deci-
pi. '.Ji Slimy be f'rlTtld, IIOl ()::!;, «|ipUe«:'.|a to
to arrest these usurpations ; to stay the
hatul of nvnriio arn1 despotism ; to rein
state the good people of this Goinmon
wealth iu tlieir esseiitiul lights nml liber
ties, n &c.
This, lie repeated, p, inted to the renl
object ill view ; tbd oitqi 'ry vv ::s merely
noihimil. He would not say that tin'
pamphlet tube introduced into that House,
it'tbe resolutions were adopted, was a'
ready prepared, became he was not ai
ihoriscd to snv so. But Ueoend ution i
every coh* thate.nu ari«e-, but also to rve-! saiil* MG, the rensone =s:1.1 argument oti
tv sjdo of it, te* that both j*onie* tqpjily, \vl|ifjt the report was tj be fouutJe'J were
Mr. (i. said, that lie was surprised that
the Hero ol Norfolk should he so easily
frightened, and act ihc part of a duncing-
schoo! ntiss. Mr. G. said lie. had always
that might result in war, and turn tlmt re-1 been-a civic man iu his pursuits and avo-
Htill had not been looked to? If Air. r>. cations ; nml if he had linen thus easilv
had not formed his plan, that vvtts matter
of alarm. He could not submit to that
genii man’s judgment, with nil Ins respect
for it, in .measures that might lead to
bloodshed, und disunion with our broth
ers, He could nyt do that. If ke was to
come to this awful precipice, let but know
it ; nml lie would eiulenvortoSu*nu>n up
a Roman tiourage .and plunge .into the
abyss if the eafetv of the State reayreu tt.
'flu, to wito thnnglH tlmt this euqury did
j not wi'Ci -sn ip cad to war, knew jothing
| of human natiire. In Alr.<»’s t[ier*ug
speech he hadsii'uj that f'lasitlentyieqqir
cd that vve should t ut hu.qer ci/in,ilain ;
hut submit to the wh.de world a maioll -
to of our wrong*. Wliat then? were Wo
towdopt on excise? He would not my
that vvns the uftisuro contemplated. It
would, indev.'l, he avoiding the tuiifi", By
making double exactions upon the j>co-
plc. Upon the justice or propriety of^uch
a treasure, tie would not then ivmiqent.
Hut suppose tin* pHnaeim failed; kind
there was no universal Gat;tphtsin) sup
pose lliai despotism and usurpotioiruic
•not arrested in their career; sup|isc.
tie. re wrung-headed Yankee* und thd.fl-
iiiiiiistrati'ill *lioidd think it vyas not Aht
.in yield to the iiicnsnrcs of a min nr l' ^
what tlien r Your excise fails- a'nlif
cutis’tHtpnc.y requires voti now to act, Ijw
muolt more would the obligotimi he|-
ereusetl then ? Your pritje. vrqr t t|c
.. aslly
Higbtoncd, it would not have been matter
af' such surprise. Hut when he recollect
ed the part thru Genera} T. had acted in
tho fete of York Town ; where the speech
es delivered hy that gentleman and his as
sociates were vvotth all tlie expense incur
red ; when ho recollected the chivalrous
character he had maintained on all occa-
'filOII
quake hetiuc lie came in sight, even of the
shadow of a shade. \Vo ought not to
cry out war, before we even saw a speck
portending it. If there even was any
thing diametrically opposed to war, it was
the measure under consideration. It was
merely an enquiry into civil rights. The
first resolution had been objected to.—
\V hat vv ns it ? It was only an enquiry in
to, or a reference ro fundamental prim i-
plcs, low ItirJi it was our duty to have iu-
quent loytirreuee. Jint ii such an enquiry
vviiHto subject ns to war with the General
Government, wliat sort oi a monster had
wr sottip there? If you imdertukc to
ies oi the resolutions, and replied to the j p,,-t p to be inv duty t* resist to the utmost, *nv
remarks of Mr.Giles on the day before.—
He was followed by Mr. Giles, who mov
ed that the question on the motion to
postpone he put off until Monday, when
lie would enter more fully into the sub
ject. Hut the question on indefinite post
ponement claiming preference ; and Air.
Watts refusing to withdraw it, was taken
hy ayes und noes ; and negatived Ayes57,
Noes Id.?,
Mr. Crump of Powhatan, expressed a
wish that tlm further consideration of the
subject should not he postponed ut.fil
Monduy, and asked for the withdrawal of
the motion to that eit'ect, on the ground
that the House was prepared for the ques
tion. Mr. Giles said that, under the im
pression that the subject would be post
poned, ma i v gentlemen had left the House,
and he had been applied to not lo with
draw the motion. Mr. Winston said the j‘
subject bail already occupied some time,
king tlie usual ecur.-iC; by tme r w sr-^dsrrrr*>eiln'Wi«,iWf l iftir»'[t,i'.jj^il,* : fii|>n'i[J
lav or of their ink
hoped the inotu n would hu withdrawn.
Members in the part of the House where
he was, were prepared to vote on the re
ference,.
Afr. fjiUs then withdrew the motion.—
And the question recurring on the adop
tioti of the resolution, Mr. Goode of Meck-
li'tiburg, called for the ayes and no*:-.—
Air. Ilall then renewed the motion to post-
pom: the subject until Monday, saying that
itis mind was not made tip upon it. This
motion was negatived : And the resolu
tions then adopted, Ayes 126, Noes61.
The Speaker then appointed the follow
ing Committee to take thn resolutions in
to consideration, vi^ : Messrs. Gil'w, Tay
lor, Smytli, Watkins of 1*. )D., Loyal, Ala-
son of Frederick, Tyler, \\ tlliams, Ctaig,
Gordon, Payne of B. Goode of M. und
Crump of 1*.
military attack liiidi tlie Government of tlie l 1 .
States shall think proper to make on the terriw-
rv, th,: people, or tlie sovereignty of Georgii,
nud nil the measures necessary to the perfor
mance of this jtatv, according to our limited
means, are in progress. From the first decisive
act of hostility, ycu will In: considered ami treat-
i d as a public enemy, am! with the less repuf.
uu. r* hecause you to whom we might ronslituti
era ' V e appealed fov our defence against iu
v ns ion, .I ■ yourselves the invaders, and vv hut is
more, the miblusliing allies of the savages whins
cause you have adopted.
Yon-have refen rd me for the rule of my cm
duel to the Treaty of Washington," which Hke
all other Treaties which have received the Con
stitutional sanction, i- among the fiapremt laws
of the land,” and which tlie President is there
fore bound fo carry into eiroct “ by all the inea.tr
tinder his conti ol.” In turn! take the liberty
to refer you to a Treaty of prior date and prior
ratification concluded at the Indian Springs,
opy of the Proclamation of which under the
mgn inanuel of the President, I have the hmirr
enclose. Don eompnrison of dates, thefrt
idrnf may tl iok proper to remind the t'ongrfvi
jraut lias preference ol tie.-
< rllhi i vi
'V?* 1 *
MILLEDGEViLLE, EEBRUARY 19, Jfe27
The President’s Alessnge to Congress,
with the discussion on it in both Houses,
occupies so much yiucc, that we have
none left for comments of our Own. U’e
I Link less might have been said in that
Communication about the use offoret, un
lit the proper tribunal, the Supreme Court,
Imd decided on our claim under the Trea
ty of Indian Spring, which we contend
veflto.1 in Georgia an interest, of which
even ^the President and Senate cannot
rightfully deprive ns. Mr. Adorns id said
to be subject to violent gnsi* of passion,
and it vvns perhapsiiiidirr the itifinence of
one ol those that Id* intemperate ,Message
vvtw written. 'J'he audacity of Alaba
ma, in extending her jurisdiction over
. . . , . ’h” Greek Indians, or the gloomy tiros-
Ite was surprised that he should j parts of his re-election, exhibited i.i tbe
defeat of the .ndn.ini8tmtiou candidates
fiir the l-*‘iuit*!, irmy po.sildy have ruf-
fied the President's temper, Jle this a*
*t nit].'* xve are rontent that our cause
.-hall lie brought to a judicial issue, and
have only to regret that tho language of
the Ale -Siigt* should he otherwise tiiiiu dig.
passionate and tetnperntc.
In B|i('nliiiig of this Message nud thede
iinte vvliich it |irodueed. the .'.ationul In
telligencer observes, ‘-‘Though we are
sure that nothing seriiqis will lie allowed
to result from jt, it is not without great re
gret tlmt we haw: seen the culht'ion arrive
I the point w hich it tins reached.—
Itich demands the se-
the (lispasKhmate.
quite into your original rights, eo.npnrg !!?“ l Y I; i'’ 0 "" "
ymtr Gonstiltilion w ith the Gmistittitioii Il,! fclll M' vt t-one whtcl
of the United istatog, u , *cc vlhat vv.vs re- | no,,s > n,Jll >. t " ,ox f “ ll « 1 .
*jiarted with-when• ZTw'V'' !
Iti* in.a dispassionate *' Un ' h,,, « , ™‘ ft" vs, “A:.
nor, if the .... ' nn l,lt ‘ ( and tic
witlMhe erv of war I ""r fdlovv-fiti^us ofCooi-
iaim'd and w iiut was
voti ondertake to do tlii
anil philosophical mnmior
pleases, you are met \vit
'ienenil 'P. he saiil, hai(.ri'juj l rkgil that lie’
(Air. G.) Uad farmed Ids plan. T„ this Im
wqpld ttOjiiy thgt ljs 1juGb- lie hud
gia, and f. cl eouiitietit that tins, like overt
"'her innv ( in,-m of the coalition, iclendt i.
lor eiTaet, will, by ^tlispinying their t;a ■
chgr^cter,tend toiniwg-c :Lo iml-H:-
treaty like tbe old
new.
Yen have rtecmeil it necessary to the perse:
id safety of j.ipnt Vinton to iaipCii; on him tlie
injunction of profound sect cry in the excciitk
ot your ord* i s, whilst you Cause to be published
at H nsliington the very instructions m htch 'lie
close those orders ii enjoin that secrecy, iiwmcA
in fact readied this place Iiy the politic prink
even l/cfore fit. Vinton had had an opportunity lit
deliver your dispatch. YnninistHkethecUiac-
j ter of the People of Georgia—Officers of the f
H. engaged in tlie performance of their laufi.I ,tr-
lics, tiave only to deport themselves as gesde
men, to tind tlie same security amt proleciinntn
Georgia, as tinder the -figts of ttje Governincutlt
Wasliington.
! have the honor to be vmir oh't set v't,
' G. M. TROUT
if an. James Uirbocb,
Secretary of ITas.
IN SENATE,
AIox-dat, Ftihrttary 5,
THE V. STATES ANJJ GfiOhCdA.
Tlin, following Message was reccivril
from the I'rerident of t he United State.-, >f|
the hands of Itis private Secretary :
To the Senate and House, of RejmsenUivts ef'd\
La. lrit Slates :
IVashi.vo . ,.;i, 5th February, 1027.
I submit to die const,' bon of t.'ou<pr*t,!|
letter from ihe^lgcnt of the L'. .'Unt,, with tkl
Creek Indians, who invoke the picu, t’:on uftljl
Gov* rruntiit of the United States, In defend^
the rights and tcrriloiy secured to that naii^
b.V the treaty concluded at Washington, andn
tdied, on the part of the United States, on t
gild of April last.
The complaint »ct forth ia ti.i It '.for, that?
veyors front Georgia Imv: bten cmployei'l
surveying lands within the Indian territory.ll
secured by that treaty, is aiuhcmicaliHl hill
formation inodicinlly received from otherptl
tors, ami tlmre is reason to believe IhatotWl
more of the Surveyors have been uiredd‘1
their progress by the Indians. Their foiW'l
anee, Hint reliance upon the good faith oD
United States, will, it is hoped, avert s.iW-L
violence umioiood, ivhliti tt.eie is othC:Vrv|
mucli came lo apprehend wifi result bow'll
proc* ediogs.
liy the otli section of die act of Cougrfi)
th« 30th of Alnrch, I S' id, to regulate ti »d< '*
intercourse with tlie Indian tribes,, and toP*1
sol ve peace nn the frontiers, it is provid"'
if any citizen of. or other person re?i<J''iit» ! '
United States, shall rftake a settUnieutonftl
lands belonging,or seemed, or grnnfralh» 1 *|
ty wit lithe Uniter) btnics to nnyfndtailh^fl
shall survey, nr attempt lo survey, sari '1
or designate any of the boundaries try 'J
trees nr min tvvise, saclv «,ffvuder sl,
stun imt exceeding Oite ttionvaml dolt"?
-I'lb r imprisonment not t-xceedirip 1- ,;1
liv the IGtli imri 17lh sections of thrs Jinf H
into, two distinct processes are pr,"n:
eitlar or both yf whirl), the above O'-". 11 '!
may be caniert into earonlinn. Ry t|a t |,l, n
is declared Jo hetavrful for ftte ri'ili'at) 1
thq Unite,! U|„n s n, app,, liei.d cti'r/ft*
li nnii in lip- Indian connlrv, over mid !
the tinnndary line betw* en the t’fiitf-d-h '
the 1: i, in, tribes, in vio-tat ion ef any el d‘ f
siot::) or icgidalii,):, of the ar', and 'lt' !: " : j,j|
to convey itiem, in the nearest cHiV'j'j
-liferente, to the civil anthority ef ill*'-' j 1
ot sonic mu: of (tie litre.. nexr jrjli"*ea ,r !'
or Distriris, to l-e proci efted j.yu. *-t "'
course of la*v.
By Oil'second, if is directed, d'■'!'
son cliai t -ed'V)|tli a v i< I itoiit ofaii.' 1 j (
ions or ri'Shlntions ol r',e ,-t, sl'tdl"
"itliin apyoftl:,. {.'sj■»«-A Sailer, - r
.'liyir Ici riloria) rli, n o is, socli r!i' ;;1
' ere u| pr. i i c.d ,1, broiirh' I" '
- one' : oo.,.. il .ni'li c: o' • oi '
". a i, flvVl'i.el ,u , .| ' •
■III 5Hi it yh .: ■* a- . • v *