Southern recorder. (Milledgeville, Ga.) 1820-1872, February 19, 1827, Image 2

Below is the OCR text representation for this newspapers page.

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 *