Southern recorder. (Milledgeville, Ga.) 1820-1872, February 26, 1827, Image 1

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Newspaper Page TextSOUTHERN RECORDER. PV GRANTLAND & OH.ME. MILLEDGEVILLE, GEORGIA, MONDAY EVENING, FEBRUARY 20, 1&37. Ho riie Rkcordek Is puhlishod weekly, on ock street, between Wayne ami Jefferson, Dnllnrs per annum. payable in ail entice *' 1,'"^ulillari, if not [mid before the end of the 7 1 '* ' v B f,sEMEVTs conspicuously inserted at the J ' i rates. Those sent without n specification U5l V* (l num ber of insertions, will be published un- P1 ordered out, and charged accordingly. s ‘ c,ics of land and negroes, by Xduiioistrators, Frcca'or*, or Uuardi.uH. are required by law, to f' on the first Tuesday in tl.c month, lie " ^ ( | )e |,ours of ten in the forenoon and three tothe afternooil, at tin* court-house of the conn- 111 jo which tint property is buttle.—Notices of sale of land must he git in a public gazette . . i, days, and negroes, font r days, previous to ihe day of sale. Nonce of the sale of personal property must bp given in like manner, Foary days previous to the d ,v of sale. Also, notice to the debtors ami crc- aponi of an estate must be published fur Volin* ° Notice that application will lie made to the Court of Urdinary for leave to sell land, must be jublished for mu’* months V Visit |ir All business m the line of Printing, will meet pt attention at the Rt:<:oi;i)Kft Office. LtrTEKJ foil Imsiness) must be post-paid. iiougYfcsa. SIXOND SESSION’. * IN SENATE, Titt'iisu iv, February 8. GEORGIA AND THE U. STATES. The following Message was roceivetl from the President of the United States, fcv his Private Secretnn : To Semite uni House ut Representatives of Ike. Untied States •• Washingio.v, Mb Echruai v, ifi27. I communicate to Congress topics of n letter from the lioveriior of the State of Georgia, re- ciiii'd since my Message of the 6th iust., and of enciesuas received with it, further cuufirnia- pve of the fact3 stated in that Message. JOHN ULTNCY ADAMS. Executive Department, Ca., Mdledgevillt, 27tb Jan. td27. Sin—As the (Jthceis of Ueorgin engaged in the execuuou of their duties near to its Western bound.irv, liy order ot the Legislative and Exe cutive authority of the State, have sutlere>l fie- qorii iuteri upliuii from the 1 iidiaus ol I tie Cl ecu iSiitioi accompanied hy indignities and insults (uliiciently aggravated. and are still threatened wnn oiac'K of more violent and outrageous character; and, as there is reason to believe tint lour Agent ol Indian Affairs is the prime mover and instigator of the same, i have deem ed it proper to lay before you the enclosed pa pers in support of that belief, and to ask the fn- r.r of you to inform me if that olliccr is so art- jug by your authority, or with your sanction and Countenance. It may be ihoiight painful e- iiuugli that the United States, whose undoubted It pit it is, shall eiitct into Conirovtis, \. ill) Geor gia ou the vaud.ty of Treaties, and the lawful- n, >sof boundaries, trespasses committed on the one side, or right of sovereignty violated on the Ola r, with the remedial or redressive measures demanded ny citWi". It is not to be presumed that the President trould transfer the sovereign attributes to a su baltern Vgeut, much less that he would delegate tin m for the annoyance of the People of Geor gia, far insult to their puboc functionaries, tor invasion of (heir territorial rights, and finally for bloodshed. If these pow ers have been insolently assumed bv such subaltern, for such purposes, it is not fur the Governor of Georgia to dictate to the President the measures which ought to billow, as well in vindication of the honor of the United tiiaies, as in reparation of the wrongs done to Gioigia. the President is competent to judge tin m, and the Governor doubts not his willing- Bvismjudge them rightly. With great consideration and respect, G. M. TROUP. The President of the tJ. States. (.Here follow letters from Wiley Williams and J 1 u.'S A. Rogers, District Surveyors, informing •J" Troup of the interruption of t tie i r surveys by the Indians, and enclosing a paper w ritten b Crowell and signed by Little I'imm ...a .,tb.„* Chiefs, forbidding the survey ] The message niul papers were rent!, and referred to the Select Committee to which was referred ilte message of the 5th in=t. HOUSE OF REPRESENTATIVES. Thursday, Feb. 8. ' GREEK INDIANS. Mr. Forsyth asked leave to lay on the bnlile the following resolution : MIlMNT RESOLUTION' to indemnify the Creek 1 Illinois fui'Jl” land Hiuq between the Cha- Jmioiichinaiyer, and tne*dividing line between MJeorgia and Aiabamief 'IhmU'td by Ike Senate and House of Aalives of Ike’ United States of America in Ut> nmss otsemvltdyiUM thejginT njiAf * dollars, 11 1> Jy'id uut of any nioiu*vair'Alfb- Treasury, not o- i "ise Rpjy oprintedf^Pi’iiinfer.the direction of the President of the United States, distributed a- * Wong the Creek Indians, as a full indemnity for * their claim to hunt upoyL'Ar in any ufher man- tleiu-e, the stiijhof land ly iu^JMI w een the tflia- tahouchie river and the.dj'Tding line between the State of Georgia mid /Alabama, which said land is to he subject to the undistuructl occupiitiqn of AH' citizens of Georgia, under the lawi*Df that Stare,” C«l» The Chair (Iccidefl^lhJt the resolution ^'nstitituotvin ordeef uiltoag Received' by Uimnimnn* consent.^ Mr. Forsyth, rhofflpit that tlie 4M r^tvof , f>rder allowed its,.presentation by special ( leave, _ ' <y ,. ■ The Speaker rcirttatf, that this was^not f the rule yhicli regimes the monfin^^n Biness of the. House; mid pronounced^ the ' Rtotioi, out of order. i from this decis^eti Mr. Forsyth appeal •cd; but niter some explanation it appear '•'I that the Chair luwf iriiKUiiilerstood Mr I orsyjli as moving the resolution, instead ol which be had only asked leave to oiler it 1 his latter was declared to bo in order a hd the question hemp put, leave was Canted,and the resolution was received end laid upon the ttfble until to-morrow. Friday, February 9. VMTED STATES AND GEORGIA. A Message received yesterday front tin President of the United Sintes, was laid "' lore tiie House by the Speaker, and Ip ad, [as inserted in the Journal of So tiute Proceedings of yesterday.] Mr. Forsyth moved to Iny tho Message 'Ton th e t u i,ie, but afterwards withdrew •us motion ; when Mr. Everett moved its reference to the Uututnitiee on the Judiciary. Mr. Forsyth moved that it be referred t,o ’ ''"miitteg qf th^> Whole to fhe.ntau; of •uo Union. Mr. lVicktiffe said, lie differed with both the uemictnim from Massachusetts, (Mr. Everett,) and the gentleman from Georgia, (Mr. Forsyth.) as to the propriety ol the course indicated by them. He was against the reference of this subject to either ofthe Committees proposed. And before lie submitted the motion ho intend ed to make, be would, under t>Lo indul gence ol the House, assign briefly the t ea* suns 'which iiillnutieed his judgment. The question stiluniiti d liy tht! Presi dent of the United States, in his Message, was not one of mere ordinary legislation. We were not called upon to remove, by the action of this Hou-e, a temporary or permanent evil which is found to exist in the past legislation of the Congress ofthe li. States. If so, be would not ca»o to , wli.'it Committee it was referred, or how soon this House acted upon '.ho subject. But, sir, the question involves tho rights ot a member of this Union, on t.,e one side, and the powers ofthe United Unites tint other. And this question grows out of the supposed existence and validity ol two treaties, heretofore made, under all the sanctions ofthe constituted authori ties ol tho United States, which treaties are at variance with each other. Hy the compact made \\ itb Georgia by the United States, many years ago, the United States tire bound to extinguish the Indian title to all the. lands within the State of Georgia. In iulfiltneiit ofthis obligation on the purl ot the United States, Commissioners were appointed by tho President to negotiate a treaty with the Creek Indians. A treaty was entered into between the U. State’s and the Creek Indians, in February, 1823, at the Indian Springs, by which, among other things, the Indian title to all the laud within the State of Georgia, was re leased to that State ; this treaty was rati fied by the Senate of tho United States, file Creek Nati m of Indians, or, 1 should sav, a portion at'the fioudmen and Chiefs ol that Nation, objected to this Treaty, as not having been made and agreed to by a majority of the Warriors and Chiefs ol' the tribe. I need not detain the House by a detail of tlie consequences winch ensu ed. They are familiar lo the House, and to the Nation. To quiet this dilliculty as no all believed and hoped—last Win ter, during the session of Congress, anoth er Trentv was entered into between the (.'reek Nation anti the United States, by which it is declared, that the Treaty of the Indian Springs shall be annulled ami set aside; and a new stipulation as lo the boundary of cession and guarantee, was defined. A part of the land which was ceded to Georgia by the first Treaty, is, by the provisions t i'tlie second, reserved lo the Indians. Georgia contends that, by the Treaty of the Indian Springs, nil tlie lands w ithin her limits bccani" vested in the Slate ; and that the second Treaty, so far as it pretends to divest that right, and guarantee it to the Indians, is void us to her. This, I believe, is tlie true stale of tlie question. Georgia lias directed the nrveying of the land. The President ontends that the act of the Legislature Georgia is a violation ofthe Constituti- , and the supreme law ofthe land; and that the entry ofthe Purveyors of Georgia ipon the Indian reservation is a violation if the act of Congress ; and Jie lias conse- icutly ordered the arrest and trial ofthe Surveyors. Against thiscourse 1 hope—I anuot believe otherwise—Georgia will through him, to the State which he hud tin not protcsil >lt is a Judicial question ; it honor to represent, that, if that State pre- has been referred by the President to that tribunal; anti why should we be called upon to mingle iti the excitement and feel ings to winch this dedicate subject must order, according to Parliamentary usage in debate, in this branch of tlie Legislature, to allude to proceedings of the other inch—which, by tlie by, 1 have ulwuys .night rather 'an inconvenient, jnle. If fhe'*rulo were, that, when a sulijpA't was pending in mio branch, it should not bo *u;l4U oil in tlie other, fiiucli time, labor, ticT'expense, would be saved. 15tft to ty^f: Lai 11 be excused, on tho present occasion, it^T make a reference to that Avbi(ilt>iO have aJl seen and beard, ami winch is now undeV the action of the ^Senate. This subject has, ulsOj Irften submitted by the President to that bo dy. They have appointed their Cotn- cnmmtinication to the Committee on the Judiciary, lie thought the appropriate reference would be a Select Committee. Indeed, be thought it was not proper to refer it to any one of the standing Com mittees of the House. The duty ofthe Judi‘iury Committee was to take cogui .’.mice of those questions which belonged to tlie Judicial Department of the Govern ment ; but this subject was of a character which carried on its front the most alarm ing aspect. It was a subject of vital im port,nice, and one which pre-eminently called for full deliberation. Ho understood that, on n lata occasion, in this House, some gentlemen bad allud ed to certain acts of sovereignty, ednteni- plitietl by independent Statesol' tbis Union —that those States had been denounced, ami bad been expressly told that they i would proceed at their peril. Tlios'c Slides, Mr. O. said, were fully aware of tbenttiiinle in which they stood,&ocertain ly should not l./oK to tins House to receive tie: denunciations of individuals represent ing a diilafctitdistrict ofthe Union. They contemplated doing only what they had a right to do, anil every State would be treacherous to itself .should it refuse to extend its legislation over the whole of its chartered limits, and all persons therein contained. The sovereign Slates of this Confederacy most unquestionably bad power to decide on tho character of any ucts of the Government; and, if those acts were unconstitutional, they bad u right so to declare, A to refuse their sub mission. \\ hutever consetjuences might ensue, from the existing state of things, with respect to Georgia, the responsibility would not bo <m his head ; for he hud warned the House to pause before it act ed its it hud done at tho last Session. He did not, however, wish to be understood as saying that any State would attempt to resist the judgment expressed by the whole Confederacy. He presumed there was not a State in the Union which would think of tlii*1: every State would acquiesce in the opinion ofthe Union : all they wish ed for was, an expression of that opinion. When this was given, Georgia, lie was sure, would immediately acquiesce, ami so would the State lie had the honor to represent. It was far from being desira ble to either to come in collision with the General Government; but they were as fully acquainted with the extent of their rights as any one of the Representatives on tbi s floor. He thought, upon the \v hole, that his friend from Georgia would do better to triox -• a reference ofthe commu nication to a Select Committee. This was a question which ought to be deli berately investigated, and decided without passion or excitement. It was a very im- portant cjuooinjn, ai**l one which, ir to uKtronrity, might issue in the overthrow- ofthe liberties ol'tbis Republic. Mr. Unite said, that lie had risen for tlie purpose of propounding a few interroga tories to a gentleman from Massachusetts, (Mr. Ir’ebstcv,)' who had addressed the House a few days since. He was at that time precluded from any reply to the gentleman's remarks, and had lie not been so precluded, lie might at this time hu\u bail cause for sincere regret for what he might then have said. Being, as he was, the sole Representative of a sovereign State, it had been with pain that he had heard a threat proclaimed to him, and sortie Committee—either„that ou tlie Judi ciary or it Select Committee, as it should determine. It was very possible that some new act of Legislation might ho ne cessary ; and, independently of the vari ous important inquiries which might be gone into, tins Commit we would have to look into the sever!*! lows of tlie State of Georgia, which had any bearing on the general subject. A collation and presen tation of these laws was an important tusk of such a committee,and was mani festly unsuitable to a Committee of the Whole House, lie purpomly abstained from touching, at tins time, the general merits of this controversy, as all sttcli dis- etission was, ia Ins judgment, «t this tiuie p etiiattire. Mr. iiauhnnan aid, heregretted that the gentleman from Kentucky, (Mr. tUieletilfe) Irttd withdrawn his motion to lay the mes sage ofthe President upon the table. He believed intH-h greater importance had been attached to the subject, than fairly belonged in if. fn his opinion,it involved no question of a civil war—nothing widen ought to alarm the imagination of the mo>;t lin.jd. 1 It! thought tiie subject should be laid upon ilia table, or referred to n Committee ofthe Whole on the stale of the Union, where he hoped it might sleep. Georgia claims all tho laud within het boundaries, under what has been culled the Treaty ofthe Indian Springs. The present. Administration of the General Goveriuncyl allege, that the rights of! Georgia have hee.il limited by the subse-| pleat treaty of Washington. ’ That State sorry it has lieen referred to any Commit- lee in anoritr body. It should have been I'd! exclusively to the Courts of Justice. For the purpose of preventing the ungry discussion which would probably arise upon Ibis subject, Mr. B. said lie would move to lay tlie message on the table. Mr. h'e.bsftr observed, that the question before the House was a mere question res pecting Committees to which this coniuin- mention was to lie referred. Ho should confute his remarks to this question, anil could not, therefore, without violating the proper order of debate, make any reply to the remarks which bad fallen from the gentleman from Pennsylvania, on the-ge- iieiul topics eotiuiinod in the o.oirumnyca- uon from the Executive. He thought tiie eommuiiiciitiiMi ought logo to some com mittee which might be competent to os- eynuin w l;eilior the whole matter was be fore the House, mid whether uny iegisln •hui would lie nectvsury. lie was not at all solicitous to send it to any particular committee ; and certainly not to that com mittee with which he was Himself con nected. As one of that committee, he would say that they would not seek tlie reference imr shun it if it were made. But undoubtedly it ought to go to some com mittee, thoi e especially as there was a pro position upon the table which looked to le- gislntion on tlie subject. This was the ordinary and usual course in relation to Executive communications, and, Mr. W. said, he saw no reason why this should not follow tho usual routine. Mr. W. agreed with tlie gentleman from possesses the unquestionable right ofl.av- j Alabama, that the subject was both impor ,1 ’ , “ “ ' ' (mit mid delicate. But he did not think that it was so very ulurming a matter as that gentleman seemed to suppose.— I here were tit least two sides to the ques tion ; and If there was danger in deny ing the authority of any uct of a Brute, sq, on the oilier hand, it must bo allowed there was danger in denying the validity of a treaty made under ihe authority of the U. Slates, and duly ratified. Tlie ing this question determined la fore tlie Judicial Tribunals ofthe Country. She has sent her surveyois into tlie Territory in dispute, for tlie purpose of surveying tht! land ; and it does not at present occur to me, in what otiier manner the question could have been raised fur Judicial deter mination. In this state of the controver sy, the President ofthe U. States has cer tainly pursued the proper course—the nurse which the Constitution and lawsui t whole subject was one well worthy ol e rise, il’diseiissed in this House, now that gentleir at any other tittrer* .. 1id sumed to legislate on a particular subject, over which he believed it had entire con trol, it would do so on its own responsi bility, and at its peril. lie wished to ask mail whether such a threat . .- . , itmlu eruudiu. well to all other i have another reasdn, still mere satis- | aetsol sovereign legislation by tntum ctory to my mind, why we should not | other Stale? lie wished to ask him now consider this subject, in or out oft whether this language was to awe any Jouimittee. I know it is not strictly in State of this Confederacy, however small, and if, when thus threatened, she mu.-t submit as a matter of'eouise? If this was so, then lie would say, with the Poet, ‘‘ Farewell—u long farewell to all my” country’s “greatness.” He was fully aware that, whenever n State discharged any duty which fell within its Constituti onal power, it did so on its own responsi bility. But lie greatly regretted that vvliat was a wanting m form, but a threatening infant, should have been issued liy any geiitluinan on this floor. Whcncq was this gentleman’s authority for any such threat derived ? Was it from his power or influence in this House, or had he lit tcreti it ns the organ of tiie Atlmitiistraii- nnttce, and referred the'subject to their I on, who are to bo understood as proclaim immeihm^ attention, where, I have no ing that they would use the military forct will be well considered, and of the country against any State which whine it ought to he considered. The should tlms presume ? In the remarks lifliculty has arisen under a treaty—the which be hud tumle, Mr. II. said, be bail President ami the Senate afe the trei^y-| been governed hy no spirit of faction. He making power. It is u question invtdv- | had no wish to produce excitement, and as 1 before said, on the one side, the j would be the last to light up the lurch of sovereignty of a State ; on the other,/!he | civil war. But the legislature of Mi.-sis- his country clearly prescribed. He lot directed the Dnrvoyors of Georgia to he arrested, and to be brought before a Judi cial Tribunal for trial. Upon this trial, the respective claims ofthe United States and of Georgia will be fully and fairly iuvesti gated, and their l ights will he detet mined. This and this only is the question ; and the whole question. Is there a tittle of testimony before this House tending to prove that Georgia will not submit peaceably to tho judg ment of the Court, whatever it may be <— It would he doing injustice to that Stale, for a moment to suppose, that she would not yield obedience to the lawn of the j a g[ { then, what necessity is tfiere tur legtslautui j Can legislation, at preseut, fairly influ ence the rights of tin* parties ? The issue is joined between them, and must be de cided according to existing laws. Sir, said Mr. B. although I believe the Presi dent has acted with the strictest proprie ty, in referring this question to the Judici ary, yet I must be permitted to say, that, in another particular, I cannot yield him my approbation, lie ought not to have prejudged the ease, nut) proclaimed bis o- piniou to this House, untl to*tlie country. The law should have been permitted to take its regular course. The opinion of the President ought not to have been east into tlie scale, cither on one side, or the o- ther. That opinion has bepn decidedly given against the State of Georgia. 1 do not profess to be a warm admirer of the President, but yet I feel great respect for any opinion be lias deliberately formed.— It is entitled to much consideration, and •iit would have been the more proper i-» qonceuled it whilst the cause was depending. Here tu.. ». . ^«a the following extract from the message of the President : “ It ought not, however, to be disguised, that “the act of the Legislature of Georgia, under t >e “ construction given to it by the Governor of that “.State, and thu surveys made, or attempted, by “Ids authority, beyond Ihe boundary secured by “ the Treaty of Washington, of April lest, to tlie “Creek Indians, are in direct violation of the Su- “premo Law of this land, set forth inaTreaty, “ which has received all the sanctions provided by “tlie Constitution, which we have been sworn lo "support and maintain.” Thus the Executive has assumed that the State of Georgia is wrung, which is the very question to |ie decided. Ho lias determined that Georgia lias violated tlie Constitution and the laws; although this ! is the very matter which he bus submitted ing that they w ould use the military force j to tho Judiciary for their decision, lie hits prejudged the ruse. The President, in another part of his message, lias held out it threat against Georgia—although the question whether he has acted illegal- power of this Government." In the Se nate, the sovereignties of tho States are exclusively represented. To my mind, the question is one which peculiarly be longs to the consideration of that body.— At all events, 1 am anxious to wait their action ; and if limy shall decide that le gislation is necessary, I will co-operate with gentlemen, by my best etlbrts to do and perform vvliat it is lit vve shall do, 1 tint extremely anxious, at this late period of the session, to avoid the discussion ; angry, as 1 fear it will be, if'tbis delicate question, is to be considered ; when 1 ^Standing Committees of the House, and have the strongest conviction it maybe by no means to a Committee ot the \\ bole settled, if not by the Senate immediately, oil the state of tlie Union. To tfie proper certainly by the Judiciary. But let it lie and enlightened discussion of such u suh- sippi did contend for its authority to ex tend its jiower ttf legislation throughout the whole of its chartered limits, as well over the Italians us over the white popu lation. Ifshe was restrained from doing this, site ceased to bo it 8tate. Mr. Powell agreed with gentlemen, that this was a highly important subject. But reflection bail confirmed him in theoj mi- on, which he had expressed when anoilmf communication bad been received in rela tion to it, that Bought logo cither to a Se lect Committee, or to some one of the settled in any way, save by the nppieation of military force against a member of this Union. Under tins view of the subject, and with a hope tiie House will acquiesce in the course, 1 move you the subject lie upon the table. Mr. VV. withdrew his motion, however, at tht! instance of Mr. Oita.*;, but, ns lie said with a determination to renew it. Mr. Owen suid that he had not risen to enter into any* discussion ot the general question, but to say, that lie could not per- Cciv© any regton f-" - tho rctcreuce of tins ject, it wag necesgary, as a preliminary step, that many unit various facts should he correctly ascertained. It was obvious- Iv impossible that this could be done in a Committee of the Whole House. It re quired a committee of another kind. Tlie question to be settled iv.ns a question on tht! construction of laws mid the interpre tation of treaties. This was a subject for calm and close investigation, and the House was entitled have the result of such an examination ly is still [tending and undetermined.— Hero Mr. Uwhanan read the following extract from the message: “ lit the present instance, it is my duly to say, “that, if the Legislative atp! Executive Vtitliori ■ ties of the State of Georgia should pcrsevetc in "acts of eiieii.u Imicnt upon the territories secur- “e«l by a solemn Treaty totin' Indians, and the "law s of the Union remain unaltered, it sapei atl- " ded obligation, even higher than that of human “authority, will compel the Kxoeutive of the U. “States to enforce the laws, X: fulfil the duties of “the Nation, by nil the force committed for that “purpose to his charge.” It may he the duty of the Executive tints to act, iii chsu the State of Georgia should persevere, after the determination of her ights lias been referred to the Judiciary. nature deliberation. One word,said M.. v\ as to tlie honorable member from Mis sissippi: When any member ofthe House asks of me an explanation of any thing f.etsonal as to himself, 1 am ready to make n : il any gentleman qsks an explanation as to any facts, or utiy argument, or a clearer statement of any argument I have .Advanced, I um ready, ut all times, to comply with his wishes. For all other purposes, I cannot submit to be catechis ed; and to some ofthe queries which that gentleman proposed to me, I shuil, there fore, give no answer. Mr. W. went on to say, that lie had me naced nobody ; lie bad uttered no threats, ns seemed to be supposed; but, ou tiie him to come from the other side, and not from bis side of tlie question ; of that, however, the House would judge. What was this whole matter ? Was il offensive to sovereign States for him to say that they acted, in any particular matter, ou their own responsibility, and at their pe ril? Sir, those States do HCt at tlieir pe ril; and if they undertake to extend tlieir legislation in the manner referred to, they »h. so on their responsibility, and at tlieir peril, i shall not take back a syllable of what I said, either in manner or sub stance. I wish to be understood as re peating it, word for word, and syllable for syllable. Sir, what are the circumstan ces oftlie case? The lands over which these Status claim to exorcise exclusive jurisdiction, have never lieen subject to Slate laws from the foundation of this Go vernment ; the control of those lands has always beet) with the Congress of the U. States. Wc regulate the sale of those lands, or rather we forbid the purcltaao of tiiKtit t'j- tnjti/iJifiils, We enact all. gape nil regulations rnn.ioitiftig tho Indian Tribes who inhabit them. Their munici pal concerns have hitherto been managed by themselves: they maintain their own peace und their own laws. It was now said, that the State of Alabama and Mis sissippi either hud extended, or intended shortly to extend, their legislation to the lands and persons of these Indians. They will therein do, vvliat ha# never been dpno or attempted before, and vvliat has at least a very doubtful aspect; and, when I said that they must do this on their responsibi lity arid at tlieir peril, I meant no more than that they would venture on the exer cise of a power which they might be found not to possess. Does tiie gentleman ciqI thi;< language minatory, and come here a week afterwards, with a list of guest ions which bo wishes to propound to me as to w hat 1 meant by the observations I made? I tell that geiitietnan that 1 mean vvliat i say. 1 api to hi tit At tiie proposed measure will be tho act of u Sovereign State. Be it so. Is it not a possible thing that a So vereign .State may sometimes act in a man ner which violates the Constitution ? Are not conflicting laws of a State and of the United Stales to be discussed and settled for or against a State, before the Judicial Tribunal ? If l and my learned friends were jn another part of this Capitol, vve can speak of these things without offence, and the judgment comes upon them, with out offence. There, ot least, it is admit ted to ho very possible, that a Sovereign State may be in the wrong. befuro it, in the shape of a report from of this controversy to the Judiciary. 1 um It is not my intention now to discuss the } general question, or to go into all extend ed reply to the observations which hnve Upon this point*I shall not at present ex- been made upon it ; but I um told by the press any opinion. But, sir, was such honorable gentleman from Georgia (Mr. language of the 1‘resjdeut conciliatory to- FnkSY*ru) that tho Courts are open, and wards it sister State? Or was it not ra- that this question may be settled by a Ju- tliter calculated to prov oke that State, and dicial Tribunal. This might have been produce the very evil which lie dreads?—I a return kaldy £ood argument to address l hope. Georgia mny submit peaceably to | to the State ol Georgia before she,took the Judicial tribunals of her country. If j tlie remedy into her own hands. It is a she should not, she will not receive my new mode of settlinga Constitutional qttoB- support. 1 (rust, also, site w ill forbear j tioti, to seize the lands in dispute, and from the expression of those angry feci-j scud out the Hancock troop of hoi'sc to ' defend the possession of them. But, itt this stage ofthe all'uir, that appeal to the Courts comes with rather alt awkward grace. When a limn advuncos a claim a gains' the lands of bis ueigli|jor, be inak.es mgs, which the occasion is well calculat ed to excite. I repi at, the President l as my entire ap probation so far ns rc/iiccts the reference No. 4, or VuL. ViII. bis appeal to the law ; but, when he for cibly enters upon possession of thorn, bo makes his appeal to something different from the law. [Hero Mr. Hamilton called the gentle* man to order, uml, when called upon by the Chair to point out wherein Mr. H’eh- s/rr was out of order, lie explained him self us wishing to prevent any course of remark which might tend to produce ex* citcment. Tho CJinlr decided that Mr. fVehster was in order.] Mr. W. resumed : I have no intention to produce excitement ou this subject, but I have my own opiuions upon it. 1 be lieve them to be tenable, and, at a proper lime, I shall not forbear to express then* in this House, l-bave been induced, oa the present occasion, to make some re marks which 1 should tiot have made, had not the inquiries of the gentleman from Mississippi called me out. Mr. VV. con cluded liy expressing bis hope, that tlia matter would ho allowed to take the usu al course of reference to a Committee lor examination. Mr. Everett observed, that, as lie had the honor to submit one of the motions now before tlie House, bo felt it bis duty to explain the reasons why he had douq so. In the first pluce, in reply to the gen tleman from Kentucky, (Mr. Wicemite,) who thought vve ought not to act ut all on the subject while it was before the other brunch ofthe Legislature, he would say, that there vvbh one view of it, in which it not only becomes proper that the House also should act, bn. absolutely necessury. There is now on our tables, said Mr. E. a joint resolution, moved yesterday by the member from Georgia, which goes direct, ly to tlie subject-matter of the coutrover* sy, which requires an act of legislation; ail appro) Uatnm of money to extinguish the Indian title to the land in dispute ; mid ibis uct ol legislation must originate hero. Sir, 1 hope tin* resolution will be adopted. The gentleman from Georgia shall hava my leeble aid in obtaining the appropria tion. I am willing to give five times—ten times, the value of the land, (which, in. tuct, is said to be of no great worth,) t® come to a peaceable adjustment of so un* pleasant a controversy. It is, then, a pro per subject ofthe legislative action ot" this House. As regards the particular reference, said Mr. E ., I can, of course, have no strong feeling, nor any reason pnculiur to myself, for preferring one committee over another. There are some facts apparently in con* troversy—some principles ou which dirt’e* rent judgments exist. Are not these pro per subjects of investigation, before tho House can act on the matter ? The Ju diciary Committee appeared to him tho nroner CoimnijUiH : liar, tlieguliiiuui wen. construction of treaties of this Govern ment, and the force and application of the laws oftlie United States und the State of Georgia. I ask, then, (said Mr. E.)ou tho first blush oftlie matter, whether the Ju diciary Committee does not immediately suggest itself usibe appropriate commit tee for the inquiry ? True, it is an im portant inquiry; fur more so than many ofthe matters sent to thut Committee, or the other Committees of the House.—— What then ? Because business is Impor tant, w ill j on tukc it out of tlie due course of proceeding ? Because it is important, will you object to sending it to the very Committee within whose jurisdiction it falls? Its importance is tlie very reu-on why I would refer it to its appropriate Committee. An interpretation of laws, a construction of treaties, and an investiga tion of facts connected with them, aio wanted in a very important cuse. For that reason, I would resort to that one of the Committees of the House, whose pe culiar duty it is to entertain such questions. Sir, it is xn important, but not, I trust, an alarming subject; quite important e- nougli to receive the prompt' attention of the House, but not of a nature to excite apprehensions os to the result. Recent intimations hnve been received, (it is said) which bold out a hope of amicable adjust- moot. Mr. Hamilton said, that he regretted that the gentleman from Kentucky, (Mr. Hick- liffe) had withdrawn bis motion, that the subject under consideration should, for the present, lie ou the table, lie moreover regretted that tlie President shqtild have- felt it necessary to send this matter to riio House, when, on tiie face of his own mes sage, it did not appear that be bail asked the legislative action of Congress, or ihitl. he hud submitted uny specific propositions to us. The true statu of tho case is briefly this ; certain difficulties, growing out ofthe con struction of a treaty or treaties, which, form the Supreme law of the land, have ensued between Georgia and the Genera] Government; these difficulties have ar rived at sttcli a state that they are about to take that course which every one must tpost desire who values the peace of the country, to wit : to be placed In a train of judicial investigation and decision, by which, whilst an important constitutional question will be scaled, justice may hedmiQ to the parties, and the ‘tranquility of th» country preserved. |n ibis state of the dispute, have we any thing to do with it ? Does the President call upon us to supply any new power to Jho Executive urm ?— Hits lie called upon us to pass uuj luvy to nid the judicial authority ofthe counjry ? lias lie told us that war is lo be made up on Georgia, and, therefore, the military resources oftlie country are to be organiz ed ami placed ot bis disposal ? No, sir : lie lias barely informed us, that he has di rected the Surveyors acting under tlie au thority of the State of. Gcorgiu, to be ar rested for trial, and has intimated that, if she resist tlie judicial power of Ihe United States, be may bate occasion to make an other anil a different appeal. Has Georgia resisted ? Has this crisis arisen ? And why, then, entertain a c* E enssiou at this period, which can only bate the pernicious tenilenct of provok ing excite men i, tfonsumiug tijuae, and cuff

Georgia Historic Newspapers

Southern recorder. (Milledgeville, Ga.) 1820-1872, February 26, 1827, Image 1