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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.