Newspaper Page Text
4F,
living
tlio I’liift'l Sta.'r'f, wttrn eallrl :;po»li;.' the
vil inagis'iates. 01 miiv proper cdlk.-t, or oilier
,„,iy authorised for that win pose, ami
a lawful warrant, to aid anti assist such
rn j t . „tlict:i', or other person so millions
. sting such offender, ami committing
’'m siift custody lor trial according to law.
Tie fust of these processes is adaptedI to the
rruslof the tiespasser upon Indian lelrito-
•, on the spot, mid in the act ot commuting
|l„t, as it applies the action of the
Voveinmr.it of the United Slate* to places
,l„ civil process of the law has no autho-
" | course, it is committed entirely to the
cliol ' *„l ill.; mililai v litreu to arrest the per-
' pf t |„. offender, and after bringing lorn
Pirn, ilie teach of the jin indie-lion of the courts,
here to delivev him into custody lor trial, 'i lie
otl (l makes the violator of live law amenable
„| V after his offence has been consummated,
„,i .. hen he lias returned within the end juris-
Iciionol the Union. This process in the first
^mce, is merely of a eivil character, but may,
„ like manner, be enforced, by calling in, il lie-
c ,,ary. the aid of tile military force.
Kiiteitaiiiing no doubt that, in the present
11„, ,. ( . s „rl to eitlii r of these modes of pro-
• ss or to both, was within the discretion of the
\et-mive antlioriiy, and penetrated with the
„iv of maintaining the lights of the Indians, ns
goth by the trentv and the law, 1 con-
i. ided atler full delilieiat’ion, to have recourse
tin* occasion, in (lie first instance, only to the
j, process. Instructions have accordingly
t ,11.11 hv the Secretary of War, to the At-
j, av and Marshal of the United State* in the
ii-irjet offreorgia, to commence y>roscculinns
„.iiii-t the surveyors complained of as having
dilated ll " law, ivhile orders have ni the same
time been forwarded to the Agent of the United
L at( ., „t once to assure ihn Indians that their
founded upon the treaty nod the law. lire
rec-i'nixed liv tin* government, and will be
aitlifidly protected, mnf earnestly to exhmi
tliem, by the forhearnuce of every act of hostili
ty on liielr part, to preserve unimpaired that
ri^lit to protection, s hiiietl to them by the sa-
citiI pledge of the good faith of (hi* nation.—
Copies of these instruction* and orders are here-
,viih transmitted to Congress.
In abstaining, at this stage of the proceedings,
from the application of any military force. I
| hem governed by considerations, which
■.vill, 1 trust, meet the concurrence of the Legis-
iaiin e. Among tItem. one of paramount impor
tance tins been, that these surveys have been at
tempted, nnd partly effected, under color of le
gal authority from the State of Georgia, i hat
the surveyors are therefore not to tie viewed in
tlie light of individual and solitary tMiisgreSsors,
but as tlie Agsuts of it sovereign State, acting in
obedience to authority a hich they believed to lie
binding upon tlu in. Intimations had been giv
en that, should they ni hi with interruption, they
would, at nil hniusards, be sustained by the mili
tary force of the State, in which event, if the mi
litary force of the Union should have been em
ployed to enforce its violated law, a coullict must
have ensued, which would, in itself, have indict
ed a wound upon the Union, ami have presented
the aspect of one of these confederated Suites nt
war with tile rest. Anxious, above nil, to avert
this state of things, yet, at the same time, im
pressed with the deepest conviction of toy own
duty, to take care that the laws shall be execut
ed, and the faith of the Nation preserved, 1 have
used, of the means entrusted to the Executive
for that purpose, only those which, without re
scuing to military force, nitty vindicate the
sanctity of the law, liv the ordinary agency of
(he Judicial tribima^..
It ought not, however, to lie disguised, that
tin act of the Legislature of Georgia, under the
construction given toil by the Governor of that
finite, nnd the surveys-made, or attempted, by
hi< authority, beyond the boundary secured by
tin Treaty of Washington, of April last, to the
Creek Indians, are in direct violation uf the Su
preme Law of this laud, set for|h in a Treaty,
which Inis received till the sanctions provided by
file Constitution, which we have been sworn to
•bpnovt and maintain.
Happily distributed ns the sovereign powers
of tlie 1’eopTe of this Union have been, between
their General nnd State Governments, their his
tory Inis already too often presented collisions
between these divided authorities, with regard
to the extent of their respective powers. No
instance however, has hitherto occurred, in
which this collision has been urged into a con-
flirt of actual force. No other case is known to
have happened, in which the application of mili
tary force G.v the Government of tlie Union has
been prescribed for the enforcement of n law, the
violation of which lias, within any single State,
been prescribed by a Legislative act of the State.
In the present instance, it is my doty to say,
that, if tlie Legislative nod Executive Authori
ties of the State of Georgia should persevere iu
arts of eucroaclnnent-upon the territories secur
ed by u solemn Treaty to the Indians, and the
laws of tlie Union remain unaltered, a superad-
dedobligation, even higher than that of human
authority, will compel the Executive of the U
States to enforce the laws, ami lulfil the duties of
tiie Nation, by all the force committed for that
purpose to his cliaige. That the arm of military
farce will lie resorted to only in the event of
the failure of all other expedients provided by
the laws, a pledge has been given, Uy the for
bearance to employ il at this time. It is submit,
ted to tlie wisdom of Congress to determine,
whether any further act of legislation may be
necessary or expedient to meet the emergency
which tiiese transaction^ mav produce.
JUllN QUINCE ADAMS.
Thtx message liming been reml—
Mr. Denton moved tiie reference of the
message to the Judiciary Coin.nilteu, At
first lie Ittul thought it n fit subject lor a
yel'ttrrence to the Committee on Indian Af
fairs; but he did not now think so, as
there were questions a volvod in tlie mes
sage in relation to tlie enforcement of laws
tend treaties, which required nn investiga
tion liy the Judiciary Committee.
Mr. Berrien Anid ; I agree with tlie Se
nator from Missouri, that this message,
and the accompanying documents, ouglu
ot lie referred to tlie Committee on InJi-
n -ifjfairs, because they involve ipiesti-
ms very much beyond the limits, of those
liit-h are ordinarily nnd appropriately
'signed to that Committee. I disagio.
villi him iu the opinion that they const,
uto a proper subject uf reference to th
diciary Committee; nnd so perfect ts
tty reliance on the correctness til lus
tt lgment, when lie shall have directed
is attention to the various subjects of
his message, that I shall not hesitant to
impose a different reference, in llte con-
nlcncethnt lie will, on further reflection,
oncur with me in the nevy which I have
alien of it, anil will therefore .withdraw
i motion.
Sir, the President of the United Stater,
n the message rnivv before us, lias cniled
s to the consideration of various quest.- ]
ns, in their nature grave, important, and J
elicatc.
//c Inis told you that certain oJJLr.rs of
he fjt.iie of Georgia, acting within the it-
it i if that fitite, and under the autho- ity
S ds fates, have violated, according to r : .s
•oneirueiion of it, an not of the Congress
the I'nited States. He, 1ms told you
1t.it, according to his construction nftiiat
t't, lie is authorized to arrest these officers
bus engaged in the execution of their tiu-
, under the laws of the State, and with-
n its limits, nnd to bring them 1o trial bo-
>re the judicial tribunals of the United
, or, at his discretion, to employ the
nilffnry force ,if the Union, the nhuy of
he United States, tlie b iyotieis of i*s re
the State qf (j’-w-
Lin, through there officers, to submit to ; crnsllinfod flu- tire purpose riftlitn iif
hi3 constrni riou nf tins act, and his opini-1
on ns to tlie lights of that State, lie lias
told you that he lias already directed tlie
arrest anil trial ofiliesu officers, as btleu-
tlers against this law of the United States,
and before any decision of j ours cun ope-
rnte, this mumlutn will no doubt linVe
been carried into effect, so far ii;. u reiotes
to tlie arrest of tlie supposed offenders.—
Ha submits-to you the inquiry, whether
any act of legislation be necessary on tlie
part of the Congress nftlie United States;
and accompanies this inquiry with tlie tic-
chuatinn of his deteniiiiiation, under a
sense oflii;!her obligations titan any vv liirli
Congress ran impose, if in his view il
shall become necesstirj', to cull out the
military force of the United States to car-
I rv this net of Congress into effect, arrur.l-
ing to his ui.dcrstuiiiliiig uf its nietming
nnd intent.
Sir, I repeat tho declaration. Tiie
questions presented by this message are
grave, important, anti delicate. They
cannot be arranged under tire head of I lie
duties, appropriately and peculiarly as
signed to any one oi’tlie Standing Com
mittees of this I louse,
Admitting as in deterrence tire authori
ty bv ivliir.li they are asserted, we are
hound to Ho, for the mere purpose of tins
inquiry, that the facts stated are true, the
first question presented is this :
lines tlie rase stated fall under tiie pro
visions of tlie act of Congress referred to
iu the Message ? Abstractedly consider
ed, ns a mere question of statutory
construction, I agree tliut this is a fit
subject for inquiry by tiie Judicial Com
mittee. Hut another question immedi
ately supervenes. The President, in the
same message, tells you flint he lias
already taken measures to submit tins
question to tire decision of tlie Judici
al tribunals of the United States. With
it knowledge of this fact, is it proper for
us to give our sanction to tlie use of the
military force of the Union, during the
pendency of this Judicial investigation r
I appreh 'iid this inquiry transcends the
limitsoi'the duties assigned to tlie Jiitlicia.
ry Committee. It would belong more
appropriately ton Committee on the stute
of tlie Republic, if such a Committee ex
isted.
Excluding tin; idea of the actual pen
dency of a judicial inquiry, which lias
been instituted, under the orders of the
President of tlie United Suites himself,
another question presents itself, which, in
my view, equally transcends the limits of
the duties which appropriately belong to
tlie Judiciary Committee. I stale it thus:
Is the resort to military force, before Ju
dicial inquiry is had, an appropriate mode
of determining the rights of one of tlie
Sovereign States of this Confederacy ?
I'lic question, sir, is now comparatively
unimportant. The feeling of indignation,
of abhorrence, which such a measure
would excite, would he so strong, y<> uni
versal, that, happily for us, no mitu in tlie
times in which wo live, would dure to re
sort to it. Ur, if he had the audacity to
do so, lie would bring down upon himself
the merited execrations of the whole Ame
rican People. Hut we are establishing,
so far as may depend upon us, principles
which may affect the future destinies of
this Republic; and our experience has
tuugiit us, how prtAnpiiy precedents arc
resorted to, to sustain assumptions of pow
er. . . — - .
Another question, alike grave, presents
itself to our consideration, and it is equal
ly beyond the limits of the duties of any of
the kittiiiding Committees of this House.
If tlie line of conduct which, tlie tsiute
and its officers are bound to pursue, is
prescribed by law—if tho United Stales
has a right to judicial inquiry, as to the
effect and operation of that law. on the
case stated in the message, Hun not the
State of Georgia an equal right to such ju
dicial inquiry } Where is the evidence that
sheethuns it 't Jf'sliemeets the investiga
tion which the President tells you he lias
directed to bo instituted, are her officers to
have a fair and nn impartial trial tlie pri
vilege which is allowed to the veriest cul
prit, or are they to encounter it uudor the
previous denunciation of the Presitfent
am) Congress of the United States, with
the Army to hack them,?. , .-
It is another subject of grave and inlcr-
fvill most effectually irfeo.Trpt'sh th
jecls which everyone should desire to at
tain the ascertainment of truth—the ad
ministration of justice—u.nl tire preserva
tion of the Constitutional rights of tho
.States and of the Union: l move that
the Mea-eige of the President oftlio United
Stales ami tho accoinp.ttiyln'? doeiuiieiits,
be re.(erred to a Select Committee.
Mr. Holmes said that it seemed that
purl liftin’ message, it. reality, belonged ju
the Judiciary Committee; that Another part
belonged to tire Committee u;» Indian Af-
I’.disnV that ai.ot her portion fail ly belonged
toilre Military Oniinniitre. There w eiiiin-
tiier portion of this messia'S, which ill.ts-
trated an opinion which Mr. II. IihiI I>m c
entertained, lie had, for a long time,
considered, that there was a deficiency in
the Standing Committees, and that ano
tiier ought to he added to those which al
ready existed in the Senate: A Committee
to decide upon all questions between tire
Stales and tire United Stales, would, he
thought, he a valuable addition ; and ii
would very properly receive the name uf
tire Coiinniltce of the States, lie would
only say that ho was et.riy any colli.-inn
should take place between tire federal
Government and any of the. Statu Go
veriunentN ; audit question of such a na
ture ought rather to Ire t eferruff to a select
than a standing committee.
Mr. Johnson-, of Kentucky, said, tliut lie
should not be in favor of ref,wring the
message to a select committee. * it ought
to go to a standing Coimuiuee .art uj.po.ut-
ed Tor the purpose of considering the sub
ject, but originated before thin matter had
been agitated. Oij a subject of the nature
of this, fueling would necessarily Ire ex
cited ; and he therefore hoped tire refer
ence would he made to some committee
nut likely to partake of any excitement
that might i.e lelt inti.is instance, lie had
Imped that this question had l.ccii finally
settled anti dismissed at tin; last session ;
nor did lie expect to have it again brought
up at this session. No man w as u more
thorough friend of the rights of the ‘Slates
than himself, orwould go liirt-lter to pre
serve them from any ehrroaclunent ou
the part of the Federal Government,
when their Governments conducted them
selves with a due regard to the other por
tions of .the Confederacy, lln did not,
however, approve'of casting such fire
brands ns. this into the Councils of the
Nation ; nor did lie w ish, by making such
a mutter of more importai.ee than it con LI
justly claim, to increase a sensation which
ought rather, if possible, to be allayed.—
The Message ought to go to the Commit
tee mi Indian A flairs, whose ability to
decide upon it could not he questioned. —
They would report,uml rite subject, with
out farther trouble, would he brought before
tlte Seriate in its proper light. If the. U.
States’ Government were wrong, or if the
Government of Georgia were wrong, tlie
Senate wotilil clearly understand it, and
the proper means for rectifying the differ
ence could llieu Ire pointed out. Thee
liatHieen instances of interference on the
part oftlie Federal powers upon the States,
which called for redress; -cum the State
represented by'him had been much op
pressed; their laws had.h<re (t nullified by
a system of Judicial procedure un warrant -
etl and it nprocttdeiite.il. Rat never Intd
any collision between tlie Fetlurnl and
State authorities appeared in so appalling
AikogeouH a l. K hl net, wt ii»»t view, it
did jn this case. If he thoroughly under
stood the Message, here a collision of i ht'
military force pf tlie United Plates with
that of Georgia was threatened, and the
hand of one citizen was to l.u raised a-
gaiust another iu deadly strife.
This was a st.ate of things to lie dreaded,
and at almost every risk to I.e avoided,
lie would give up, ileuidy as he held tire
rights of the States, almost any point,
before ire would consent to array the U.
States against the individual States. It
was from such a conflict of powers that
the Union was hereafter, if ever, to lie
dissolved. He therefore repeated what
he hud said before, that tlte subject should
lie referred to a committee not organized
for the purpose—i.ot. supposing, however,
that any committee would not deal .|ui-tly
upon it; but regarding the probability
that feeling would lie excited, and strong
ly desirous that it should he weighed with
calmness and dcliLrerutu'iu. lie did not
esting inquiry, which every lover of pence,,
every friend to the Union, will delight to '‘ear that any great danger would nrise
pursue, whether sonic .other mode may i 01,1 °* tiimutter—it was one ot those
not be devised, by which this difficulty
may ho adjttstod, without arraying a sovo- j
reign (Stale of this Union against the Con
federacy, either in the forum or tho field.
If happily such a measure cah be devised,
all will agree that it ought to bo resorted
to, nnd yet the questions necessary to its
determination are beyond the -sphere of
the duties of any Standing Committee uf
this House.
There is yet a remaining question, full
of importance to every member of this
Cunieiierucy. The President of the U.
.States bus announced to us his constructi
on id'an act of Congress, and lias alleged
the violation of that act tty the officers of
the State of Georgia,.acting within her
Inuits, and under the authority of tier
laws, lie has declared his ressdutiou to
curry tiun act into effect, according to the
C^nstlTii'tiail U'liioh Jt« Ka*> efivon »u ll,
the use, if it shall become necessary, of
all the means at his disposal. He has dis
tinctly announced to us hie determination,
as an ultimate resort, to uvttil bituself ot
the lmlitiu y arm oi'the Union.
On a question of contested right, be
tween the l. : ales and rim State of Geor
gia, which is aetjady in a train of Judici
al invcs'.ijjufim , before the tribunals of
the Union, ureter bis immediate orders,
tlje President of tire United States consi
ders liim.v'lf anth'.t iced and bound, under
a sense r,f higher obligations than any
which you can imp-re., to send the Army
of the United St tes into the limits ot - the
State of Georgia, > c. -’fee her submission
to his will to l.'.t; ii ' M-pre-tation oftlie
laws uf the United titir s. ir-ir, ifsucli un
summer clouds which sometimes over
cast the brightest day ; such had dark
ened our prospects formerly, and had been
dispelled, amt so it would he, ho trusted,
iu this instance. What Ire. principally
feared, was, the moral effect which suen
a disagreement would have upon tiie
country, mid in the view of the'world.
Fnrtlier'tluin this, he thought there could
he no fear ; for it was not to he supposed
that a rnlhsion of it serious nature could
take place between tire. General Govern
ment and a State sovereignty, on account
j la tv, pass'd nt a morr.nqt w'reu, try treaty,
it).Hud acquittal liodre Ued deeiiil.on 1
ver all tlm Munis tvitimi tier chartered li
mns in cumin n.ii v to principles dist.im t-
ly avow ed on jjiis floor l.y honorable Se
nators, who gat e their sanction to that in-
smiment) by which this treaty was par
tially revolted. When, at tire Inst, session
ofC.ingress, the treaty with the Creek In
dians )vus under consideration, it was dis
tiiictly admitted-— no one ventured to as-
m:i'I. the contrary-—that, so tarns the rights
of Georgia were eonoemod, she had an
absolute.Vustud interest, under the treaty
oft In; Indian Springs, which could not lie
touched without Kcr consent.
It was tlifru said, and reiterated, that
tlie new treaty would secure to Georgia
all the lands witluu her chartered liruiis :
but if, by any mistake, ft small portion
should lie excluded, tho United States
would make haste to remove rite dillicul
ty, by obtaining an instant cession of that
portion from tlie Indians, with the distinct
concession that tho United States could
not deprive Georgia of the rights which
.'lie had uequired under the former treaty.
Relying mi these prineiple.s, and on her
clear ami undeniable and solemnly ad
judged right to survey lire lands witluu
iter ciiaiTercd limits, tlie riiste of Georgia
has proceeded to execute l.cr law. She
hns met will! olislructinnA from some In
dian Chiefs ; and tho President of tho U.
States, nut content with having directed
her officers to he arrested, lias come hero
to men iu a tier with tlie employment of
tho military furoe of tho Union. If a re
sort to'flie Judicial tribunals was proper,
and will lie avail,dire, vv l.y llirenton her
with the use of military force ¥ Has sin.
yet refused to submit i.orsoll' to Judicial
arbitrament ? If arms are to bo used,
why resort to the iniserabfe farce of u Ju
dicial trial ? Since Georgia lias ind yet
resisted'the civil authority of the United
States, why agitate the councils of the U-
nion, by anticipating n conflict, which,
how ever unequal, tnny nevertheless he fa
tal to flier happiness of this Cbnfedaracv ?
1 cull upon the Senator from Kentucky to
hear witness, that this is not the net of
Georgia.- J ask him ft>*eserve Ins opinion
for the full investigation .,f tins ca«e. If,
on that investigation, it shall upper thut
tlie Executive Government of the United
States could nt uny thin; have terminated
this unhappy controversy, by an act of
perfect justice to Georgia, to the Creek In
dians, and t-o the United States—I will
call upon-linn to say, under tlie influence
of what motive ibis subject has, ill this
form, been thus obtruded on the harmony
of our councils. I agree that it is a fire
brand—1 repeat, to him, Georgia lias not
thrown it— I trustltho reference to a se
lect Committee will prevail.
Mr. Btnlon observed, that, on the first
hearing of the message, lie had thought
tlie Judiciary Committee u proper refe
rence ; hut on further consideration oftlie
various questions involved in that docu-
mout, he vvgs disposed to agree will) the
gentleman from Georgia, that the proper
course would he to retire it to a select Com
mittee. lie would, therefore, withdraw
lire motion he had made.
Mr. Harrison said, that, as there were
a great diversity of opinions on the Biib-
jeri, anil ns it seemed to him, that the mes
sage, having hut once been read, was not
thoroughly understood, aqd as tie thought
even tlie gentleman from Missouri wus
not altogether egrreet in his eonceiitinu of
its t'.luiraetei-, be would again move to lay
it on tlie table; but lie aguiu withdrew
the motion at the request of
Mr. Johnson, of Kentucky, who said, in
explanation, that, so tar from taking upon
hifnself to bestow censure oil the Govern
merit of Georgia, lie had not intended to
express anv opinion upon tiie merits of
the case. He certainly did not sufficient
ly understand tlie subject to take sides.—
His design, ill moving th<y reference to a
Standing Committee, was, that a more un-
lHassed decision might be obtained. As
to tho subject in ili.-puie, lie hoped some
adjustment would he speedily mode, ho
that the litre, of tlte disputed territory
might I.e run ; and that an appropriation
might then be made l.y Congress, and tiie
Iniiil bought up, that they might have done
with tiie matter. .
Some further conversation took place,
whop the motion of Mr. Harrison, to lay
t he, message du tbo table, was negatived—
18 to Stj,
The question, on the motion'of Mr. Ber
rien, tei refer it to a .Select Committee of
five, was then put, and car lied ; and ilie
following gentlemen were elected to com
pose the Committee : Messrs. Benton, Her--
ritn. Can Horen, Smith of S. C. and Har
rison.
Tlie Senate then ndyr." 1 '” 61 '' s
or which was vasWT fit hhlt by be* law*-
lie lutd acted tinder rqt . s , x'TCised in e-
part oftlie Union, and which had lie-
v. i hiren resisted, except in the case of
Georgia alouo.
Mr. F. said tliut it would be casv to di
late on tliia subject j but he perceived that
there existed iu respect to it somo sensibi
lity m tire House, and bo would forbear.
Mr. Powell, of Vu., inquired whether the
gentleman from Georgia anticipated any
legislation in reference to the communica
tion just received ? and whether it would
not lie more expedient to refer it to one of
the standing committees of tlte House,
rather than to a Cortinpiteo of tho Whole;
Mr. Forsyth replied, tli'ai since the inqui
ry had been so directly put, lie would
frankly Vnpjy, that lie did not anticipate
any legislation : and ho insisted that no
legislAtipirin the case could be necessary
or proper. He considered the Executive,
as asking tho opinion of this House in re
lation to certain rights of the dfnto of-
Georgia. If tbo opinion of the House
should he in atlirmHure of those rights,
no other net than a declaration of such
opinion, need ensue. Very false impres
sions were entertained on this matter,—
It was only for the United States to will,
md her will would he instantly oheved.
Thorn was nothing to I.e apprehended if
tire General Government did not interfere,
and, under tlie semblance of protection,
siiiniilate tlie Indians to a resistance of.
tire authority of the State. All the diffi
culties which had existed from the begin
ning of rhi- business, hud liecn created by
/thisinterference. Those unfortunate be
ings would long since have done their du
ty to tire country, and to themselves, if it
had not been for the butte interference of
intamoim wltiip men, who exercised an
influence over them. Was it not suffici
ent In refer to tlie scene which bad taken
plnce at this very spot during tiie last Win
ter—to the base mid infamous conduct of
those who cuitre with the Indifltis, under
tire pretence of protecting them ? TiRire
could he no need of any further legislati
on on the subject, ff tho rights of the
Indians had (icon violated, existing laws
provided an ample remedy, hiifl tire, conn*
oftlie United States were opoii fi- them.
Mr. tnbite'r sold, on rising, that he was
not much concerned vvhiit course this
comuiunication should take, or whether it
should In; referred to one committee cr
another ; hut in; Was not contented that it
should be supposed, either here or else
where, that there existed un entire unani
mity of opinion with the gentleman front
Georgia on this subject. The gentleman
from Georgia must know that there was
two sides to this question between Geor
gia and the U. States; nnd he would tell
tlie gentleman from Georgia that there
existed two opjnioiis also, not. only on that
question, but nn the conduct which that
gentleman had designated as “ base and
infamous.”
This, Mr. W. said, was strong language,
but it was not argument; The gentlemm)
hud told the House tliut nothing Intd pre
vented every thing going right iuGeorgi:
hut the interference of the General Go
vernment. The gentleman denounced
such interference, saying, in effect, ‘‘hands
oft’for the present; leave the Indians to
the remedy of the Courts.’* But, Mr. W
said, lie would tell that gentleman, that il
there were rights of the Indians, which
the (J. States wore boiitu
(fWhrfy too could tingprem tiiejr feeling*
■ when e.sic umijt lines r -.paired; !,m
tueyshould and would express there fecl-
ings, notwithstanding i; might d,uw fmwrt
upon thorn the very ilispna».oj»cte ci nsurO
oi'the gentleman from Ma»«ackW'iin.
Mr. Haile oxpreBBed a hope that tb&
communication wren Id go to a Oommitte*
of tlie Whole. When a subject of thi*
kind was touched it viin-atei! on other
chorda than tlu.se ofthe parlies immedi
ately concerned. fi!ev«ral uf tlte State*
had already exercised tlioir right* over tb*
Indian's within their Chartered limit*, (tnt|
Mississippi mlHiiiled shortly to follow ill*
example, and be could assure the gentla-
man trout Gcm pia that, tf t|ie bayonets of
the Genornl Government should on this
.'recount ho turned ^ against uny of tho
States, it would speedily find its friend*
rallying round it. All the Stales, sit,,*,
ted us Georgia was, claimed the sovereign*
ty over the v> ImH- extent of their charier*
ed limits. They i.nd/forborne as long *•
they could, mid lire future destinies of tbo
Indians, ilicir future luention &ml civ dig**
lion, or tlreir final extinction, must sooa
Ire decided on. Three great question*
were involved : 1st, the powers of th*
General Government within the fiinita of
a State ; fid, the power ot* the Stotea to
legislate within their own chartered li
mits; and ally, the power of th* State*
over tlie Hidiiin triben. His State might,
ere this time, have extended its legitlfttiort
over the Indians within its territory. If
it bad no right to do so, this House ought
at om{e to sgy so. Ue hoped there vtrnuVI
be no occasion to resort to military force.
Georgia certainly bad a right to assert
wiiat she believed to he her rights, and
to speak her sentiineutN upon this floor,
lie Imped the whole mutter would b*
heard and settled : for, should Cong res*
adjourn without settling it, consequence*
were likely to ensue, of great iutcrest tot
many of tire States.
Mr. Webster rose to make imp remark in
reply to the gentleman frptn Mississippi.
That gentleman, lie Maid', had reuson tt>
know that tie (Mr. W.) was disposed to
use all proper authority ofthe U. States to
< atiiiguisli Indian tides to land s within tho
States. But lie must tell tlm gentleman-
from Mississippi tliut the States would ret
on their own responsibility and m
own peril, if they undertake to .jj
tlreir legislation to limits wiiec n
title inis not been extingui: !>• d.
such measure was rouiempbiu
Slate which the gentleman r* ire Mr.
W. Imped that gcndem.iu w uid I os, ,rio
time in warning his tr ends against ni. k-
ing any such attempt. Tho relation w b>< h
th« United Slates field to these rril.e-. of
parental guardianship over these remnants
of mighty nations now no more, was a 'o-
ry delicate relation. Its general chtu u®.
ter was that of protection, and, while . ve
ry facility was given to the extinguish,
ment.nf Indian title, let not that Circum
stance fie so far presumed on, that th*
Suites should attempt to exercise authori
ty within the Indian Jinjifs. Any sudj
course would ho attempted nt their owi^
responsibility. Mr. W. concluded bv buy
ing that he wus ready to do all that could
lie done to extinguish the Indian title in
the States, and particularly in tire State*
East oftlie Mississippi. But this dinposi-
tiijlt, cotmiifiii to ail parts of tlie country*
MikB' ' fir
ny.„
.no
should out he ao far presumed upon
m>. v find the color of
ex. ting laws, doe* it
tin guardians of the
i, I;. Kruno clear nnd
shit, .ii, to take from
t' prerogative, tire sim
I sqlu .it, tl.cn, to the
from Missouri, nnd to this House,
h.vl, wbe.tlr r ibia Message, thus
' ptiry materially fifl'tx'tiug
s, t 'in. .-uitcs ! nf the L’niou,
exercise ot pow,
justification, un i
not become us,
rights of tire St ■
explicit act of !
siu'Ii an exercise
do-, pf pretence f
Sell'll, rr
the q.tc:
iiivolvit
die rigs
of a strip of land hardly worth legislation}
which, if found wi’iu.i (lie limits id Geor
gia, would t.e readily and fairly purchas
ed with tlie national treasure, nnd trans
ferred to Georgia.
Mr. Harrison .moved to Iny the Message
on the tal.lo, and to print it; but wiu.-
drew bis motion at the request ol
Mr. Berrien, who sail! : It’I did not be
lieve, Mr. President, that tlm observa
tions oi'the Senator from Keutucky would
receive an interpretation beyond that
which lie would himself give t<» them, I
would not trespass on your time, by tl.o
very brief reply which 1 utn now about t<>
make. I relv, witii entire confidence, on
the assurance which lie lias given to tire
Senate, .that it was not lus mtcntion, in
MOUSE Of Mci’RESENTATlVF.S.
Moxdat, Feb. 5.
TIIE U- STATES AND GEORGIA. ' ’
A message, in writing, was received
from the President ot the U. States, by the
liandsot'lds private Secretary. [See Sen
ate Proceedings fora copy oi'the Message.]
Mr. Forsyth moved tlm reference of this
comintinicHiioa to a Committee of the
fvni.ic. House on the stale of tlie Union.—
He said that Ire rejoiced that, ut length,
lire strai.gccii'cmiiblanco' of'tliis case had
Leeri presented to the House in such u
forol-ns Co...polled the rendering of tt so
lemn deei-ioi. 'between tire Executive and
the State of Georgia, niidtliat it wits cal
led-for, nt this time....nut by them, for tltey
had t»eCn donumding it. for years past...
luit that now tlie call entire from the Exe
cutive. lie could not, however, as a Jie-
pre.seutntive of Georgia, consent to sit and
quietly hear the charges i.rouglit forward
in this communication against the irutlio-
tl.is stage of this inquiry., to express any i-ities of that Slate. They had done no
a id tire p -'ud the duties Of die i’. c-
fji/ipnt of tire i ".k." 1 S ates, ought robe
ffibWo.i to uny '• -.ary ,'Mml-
tr.g ('iTtliinittees •• . '.cd. ><*•■
licvin® a* I doytliKt * eodfu.Ittee specia l_
opinion on tire, merits of the controversy
between the State of Georgia and tire l.
States, And tire equally explicit declara
tion, tluu I.e .h i not design to censure tlie.
conduct of that State in reference to tide
subject; lint, ns lire remarks seem to me
to Ire siiR/’cptible of such uu iuterpretiitiun,
and as iireli a .'i nsure would be alike un
called fur and unjust, I feel myself hound
l.y every cmismeratjoii ot’ duty, to vindi
cate tlie Slate which 1 have the honor to
represent on this tluor.
Sir, if this measure is calculated to dis
turb the harmony of our council*— if lire
moral ell'oot of tlie agitaUfuj of well a
question I") one, winch .every patriot
should deplore — if,.» the iangoage ofthe.
Senator from Keutucky, it is a f ‘ c-l<roi. r
ihroAvti among t's - 1 call upun-that hono
rable Senator, and on (fue llot. a*, to bees
Wiltiovt, {..at (j'c.rg:'. i« i**»t t ,l! ’ actor rl
tins ocMsli):.—sjji: tins net revive.I tius
urflre: • y ;* 4 ’ixu—she l*ae a"l* i of
hittg which violated the -Constitution of
tlreir rdliiitry. lie would say tins in tlie
face oftlie Executive,
{Here Homo tiu’tnber-cnlled Mr. Forsyth
to ireder,- blit tlie Speaker decided iluit he
was not out of order.}
Mr. F. then proceeded to nay that lie al
so rejoiced to perceive., that the Gfiiel’Mu-
g.srt\'.t>;, : iii tlte exorwriot. of what he run-
ci iveil to lie life duty, had not, this time,
made his tipp'cal to-)[ii!itary fun e. Jle de
nied. lidWevcij, the existence of uny Con-
t*tit?itidlml ati'tju.rity to employ such force,
cither itt tho present ease, or in uny other
which luut occurred within Unit State—
3t!'.d ho rejoiced to see that lire Executive
lauhnow -tlmugM pti.pm to resort to the
t uvri Autiihrity.
-Mr. F. Imh e denied that lire Gnverno.i of
■ffceorgia was g^lty of iraiiscending tlu;
ant hot ity vested in hint by law. Ho ect-
t ;i tinder lire {Sovereignly of Ids {Rate, and
there irsw m tn.u House and it) t
eouutry who would take their part. If
we liuvo bound ourselves by any treaty to
do certain things, wo mimt fulfil such ob
ligation. High words will not terrify ire ;
loud declamation will not deter ire, from
the discharge of that duty. For myself,
said Mr. W., the right ot the parties in
this question shall be fully ami fairly exa
mined, and none of them with more eulin-
ness than the rights of Georgia. In my
own course in this matter, I shall not be
dictated to by any Hiale, or the Represen
tative of tiny State, on this floor. I shall
not I.e frightened from my purpose, nor
will I suffer harsh language to produce
any re-nction on my mind. 1 will exa
mine with great un equal care nil tlte
right* of both pnrties. Occasion had been
taken on fire mere question of rcferoucc of
ti.i.s communication, lie would not say
for argument, but for tlie assumption of a
position, ns a matter perfectly plain and
indisputable, that tlm Uovcrnme*t had
been all in the wrong iu rhis questi
on, and Georgia all in tlie right. For bin
own part, Mr. W. said, be did not care
whether tlie oomimiiiicntion did or did not
goto a Committee of the Whole on tlte
state ofthe Union, nor how soon it went
there, uiut was there taken up tyr discus*
vyiuu, Lg went itito tliatfommitree,
he should go there, mn ..... j;au _
troversy, nor yet in n spirit of submission,
toit jn ti spirit of inquiry, calmly and deli
berately to examine tlm circumstances of.
the case, and to investigate the rights of
all parties Concerned. But ho bad made
these few lemarks, to give tire gentleman
from Georgia to understand that it was
tret l.y hold denunciation, or l.y hold as
sumption, tlm*. the members of this House
are to he influenced in the decision of
high public concerns.
Mr, Forsyth said, that, he had not, to bis
knowledge, denounced the House, nr any
gentleman id it-; nor had he attempted to
dictate to the House, or to any member qf
it. It was, however, perfectly natural,
that a Representative from Georgia, the
Government of which, was here arraigned,
should have, and, having, should indulge,
some feeling on this subject. The hono
rable member from Massachusetts, indeed,
might very well Ire cnltn and tmitinyed—.
be did not reside near the scene of action;
the People of hisStpte were far removed,
and had no reason to dread the bayonet at
tlreir throats. It wus quite natural that
the gentleman .should be calm and dispas
sionate. and prepared to take a cool and
composed view of this 1 subject ; but the
Representatives from Georgia did u at feel
so. We lirel very differently, said Mr. F.
nt.d when 1 feel, I will not tuicjnpt to cun-,
real my feeling. Our rights have been
violated, and their \ iolotionbasboon-made
known to this House; and our appeal has
not .been regarded. All vve asit is, that
tlte ruse should have a fair investigation:
audit is even poskihle—possible, but not
pi-nimble that the gentleman from Mns-
si.clmseim, after sqcb mi invehiiguiion,
might fet-l .with us.
Tiie gentleman from Massachusetts
says lie will investigate the subject; which
implies rliiit Ire juts not done so; lmt. lie,
{Mr. I'.) I.nd exnAiincd it thoroughly.---
lb; was prepared to go into lire dfiscusai
on oi'itsnOot.illiillcc oftlie Whole ; to do
mere motion, t/i exercise an autlmn-y
ver the lands to which the Indian title _
guarantied by trewies ? ^c.
Mr. Bartlett said, that he had not risers
for the purpose of entering on the general
subject, bn t merely to kuggpst to the g. jj : le-
nmi) from Georgia, whether it would not
bo better to refer the eommunieation to
one ofthe Committees ofthe House. Be.
fore any thing like a correct decision could
bo had, runny facts must be enquired into*
and it would facilitate the dehute mujjtbo
decision, if these facts should previously
be ascertained and reported to the Hour*
by one of its committees. Should the sub.
ject go into Committee oftlie Whole, bo.
fere this was done, much room would h«
left for .declamation, nod much time pro
bably wasted, which might otherwise It*
saved. He should suppose the Commit,
tee on the Judiciary would be a very pro-
per reference.
Ml* Hrigid said, that, with the very bn#
perfect understanding which the lions*
now possessed of the paper'll) he referred,
.they were not in circumstances to ilecitjn
whether die case vyns Bitch na required
legislation or not. Even tire present bis-
l-nssioil lie considered premature ; aqd,
with a view that every member might ob-
tujn a right understanding of wlmt tba
communication wus, he moved to lay it oa
lire table, and to print it.
* WiVw u e ,|. Bll j jj wjaa j a ^f
upon the table acw.j; tlu i v
ITT ■‘Idrcr/isemetils and other natter etrwded ouf
of litis iretk’s payer, shall agjitcr is yur pext.
Exrct TjrK Di:rxRT.)tKKT, Gx.,
fJdh JgciUle, 17M February, 1827,
T HAT the Attorney and Solicitors’ GcnrnR
of this Stale in every inUaiKe of coin|.taint
mail* of the arrest of any Surveyor engaged in
the survey ofthe. lately reded territory, )>y any
civil process under au’thut ity uf the Government
of tlie United Suites, du take all necessary ami
■legal measures to effect the litiemtinn of lh«
person so arrested, ntjdto tu ing to justice either
hy Indictment or othey"'ise, tlte officers or ptu-
ties concerned in such arrestatiou as oflengerf
against ll.e Ians und violators oftlie peace anil
personal security of the public ./Beers and citi-
sens of this Sla4("-*-tl)tt theyjfive prpfa*ioa*l
advice and msistance In tl.or (k-fc-iice against
any prosecution or action which may (tip ji.stilis*
teil against them as cOicers in the service of tb«
State, pad that they promptly .mike known Ip
this Department I heir acts unit doings in thepre,-
mises. j
Jt is moreover enjoined on tlie civil Magfis
trAtes of tl.is State, haring cniitjietciU jurij.
lion oftlie same, to I.e (tiding .pod assisting in en
quiring into tlie crosu of every nu ll arrest Qr.de.
tenlion as aforesaid, that the pri son u*ay be tilt.
ct.arged forth'vith if igegaily or unjustly de/aiiy.
id, anil in .iff ri ding such red. ess to the aggriov,
ed /ii; injured party us by lit un.y be cutilletl
t<T receive.
liy the Governor, Y“ v '
«—3t T.. H. PIERCE, Sca&Tfr
••J caL’icisod <.;)ly ;hut djsLfcfipijfuy pp\i -1 su lii'ppssicaau ly, if it **
HEADQUARTERS,
Jffilleigtmttc, lTf/j 1'tb , 1827.
>r Generau commanding the 6(li Is
it. Divisions, will immediately ivsqeqifieis
to bod.l in rendiin ss the several Regiments Hint
BtlUtiHions W ithin their respective colpataads to
repel anv hostile invasion oftlie Territory of tl/{)
Sliiic. Depots of arms ami ammunition rentral
to each DIvMofi, wifi lie eltaldished indue tiitMv.
by the t'oiumnader ju Chief,
' J&O. tf/. A. eAMrOUD.