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OEORGIA LEGISLATURE.
Appall of Mri 1VISBET, of Morffan,
On Frid-iv, Nijwmhnr 14, 1334, in the Senate of Georgln,
on the ('itntion of ths Supremo Court of the U.Staies,
mul the Ro.solitdaft* ®f the Majority of the Committee on
the State of the Republic, nn4 the Substitute o:Tercil hv
Mr. Dawsom, on the pnrt of ths Minority of the same .
Committee, of that dsle.
Mr. PnitstDEVT—lit common, with other geirttom-n
Who have addressed the Senate, in favor of the i-
tut® offered hv the Senator from Greene. I have anx
iously desired to hear in rrpstf of th* original report
and resolutions. We have, however, had no exhibit of
the principle* upon which that report is predicated —
It would have been highly gratifying to me, to hn\e
cfed inniritcvmnco''of the se principles, witlidlll which . faction nml dominion Till* sovcreqriiG tfoiiiiuioH the Sta»e«; now it U raised by direct uctiofi upon the give rise to tlift doctrine of the lulistllutc,-
it <s valueless, and with wlncli, it is invaluable, and also is exactly what the I mi
I invulnerable—those principles which are spread out j It incurious and gratifying to see. that the rd itinn-ltif
in tins substitute upon your table - -ilia principles, sir, of j existing between Englnm! and tin* Indians, is just that
Mr- Jefferson. i which !shs been always claimed to efxLi between
The President of the Senate lias thought fit to repre- ! Georgia and the Indian-, and particularly hv the
sent the State Rights parly as inimical to Uie Hag of Troup party. The King recognises their right of nr-
the Cninn. and it-principles n« dishonoring t'» our lia- eupauev—»•» does iho State. lie claims
v . % , ■ p __ . . 5 , JJ* , Mjtutc.--Ri*. fiir,; had hepfi acrionsly considered in tho coftncils nf th-
nml the Court deny to her. people. The original compact of government, is how- the tenet ol^ Mr.JeflVsnn. it Ins firmly settled hi the United Slates. 'The selection between thetwo J, p . •
tional Inn
Till!
all
ul > opt and no
or. federal and not national. In reference, s i
all the reserved ami node legated right-ofthe Slates. Unit
('•impact is a pure \> ague. And thorn rights constitute
the best criterion of judgment, ns to the nature of rhe
compact. li the Governmuiilhe by virtue of n compact,
it must In* federal; for ail agreement nece-sanly iin-,
r > ll > 4 ” "f <•••*■ I’UiiMtiriil iitayiiMcem ayalam It may gercttla, l.y which nnmiier'^milioti’beCBme'^tlm
I"! nnudemned «, heresy uni denounced ns Niiliihoa- : a t that (line, arose not Irani nnv insensdiility of n”
1 regardhtaanl tnmm-utip thing I mom lint- j juries received I'ram France, hot from cniilirferMinn!
.. »:ir. Restrained by prudential eo
lie is sovereignty and dominion—*o does' the State. IJe ! plies parties. Nationality implies unity, indivisibility, J American U
in—tly believe. and it is that these principles are csseti- J of n different nature.
l. ill v conservative, and without them, history will have ' sidointioTis from then making war upon France 7f"
btile to do. other than record the passing away of the [ lf.*i»„,t »..(«-> u...i - i.r i . ' u,e
is no less a traitor llinii Im
. tiiiicpetideut sovereign-
Those stars shine siiiglv ; etch nti iimuingled
buhl, clear and powerful as the sun. Should those
star* pier he condensed into one broad, burning, de
orb, moving«
... . memory accursed,
heard from the honorable Senator from Chatham. who betrajed ins Lord. The ll ig of the Union is adorned
It the reputed author ot the report, hi relation to th- with *24 beaming star- mid as many brilliaiitatripes—
doctrines- upon which he has ton tided the action which j the emit.'
he recommends. For his views. I have waited in
Vain—wh it nre hi- opinion* upon the great principles
involved in this discussion. I am not informed. The
Majority are prepared to act; but they have not\ef
trowed the principles of their action—as to these, we
are in the dark. Other gentlemen, who m ay he pre
turned to he in the confidence of that sentleuian. have
addressed the house, but have not said much in elnri- ,
i'atom of the report and resolutions—they have not I
Keen sndiciently explanatory. \W dormiiiilaiit of the
darkness which envelopes the views of oar mlve’si-i
ri**s. They propose to resist the authority of the Su-
nreuv? Court, hnt upon what grounds why nr when -
lore, leitherof the •■•ntlem-n nor their report informs
ns. Of their motives. I will not speak, their ads are
fit subjects for commentary.
The »vrg*meats urged on yesterday hv the Presi
dent of toe Senate, and the Senator from Uamden, to
my mind, have little relevancy to the question now at
issn«. Indeed. I miM he permitted to mv, that thev
atiidiousfy designed not to touch it—at lun-tmic would
conclude so, from llie rhirarter of th" : r speech'**.
Some topics the Pre-idem did vaguely and most
indistinctly touch; bavins little connection with either
the renort of the committee nr the <u’.»-»itute On
Xhe part of those g» oitemen. I have witnev-ed an
unwilling ness to meet the substitute fairly. These
l^ntlemm luve told ns a "real deal about nullifica
tion, and have embodied in their remarks, tinny
things calculated to move t!w? feelings and excite the
prejudice*. They have lingered up n a name, and
Fruitful incriminations ; teems in loose talk, and is far extend-over them in- protection—so docs the State.
From being opul-iit in argument. Is lie or his friends
tne sole keepers of national honor l the sole guar- or to such its the Indian may traverse in ki- wild w
dians of the insignia of American powers J I triisi not. dering-, but to snen extent >>C land as may he l•••ces.-tt-
Tlun Hag has long braved tritituphiitidy the battle and | ry to the mode of life of the tribe. This has always
the breeze. It ia the flag of freedom ; the waving, wan- j been tnv opinion. The Eenther-.Stnckjm' and his
dering emblem of \lie strength of liberty, lie who friend I’m us. no* mifreqneiifiy traversed,llie country
would tear it from in tsl, or hnttletiieot, or tower, ! from the tuooili* of the Delaware to the sdnrrea of the
tidily and entirety of right and power- Bill
Thi- occupant right extends not totlm whole country, 1 government, and by the compact itself, rights and has said that the State Rights party claim lor the State
1 ’ * ‘ - ’ ‘ power-are ml jo.-ted. defined, relatively ascertained, . the right to resist nil Inwa of Congress constitutional
checked nud In! meed. The Con-tilotion made to
control the government, is the evidence of the agree
ment, and i- the role of llie rights and p wers of the
parlies. The government itself has nothing In do
with the compact, it i- tiie creature of it, and by no
-lorn said, that all tliatim- j means a party t • it. The host evidence that the sy—
possession to the tribe of teio of government under which we live is federal, is
ia« planted" upon her es- | found in the fact, that the Constitution until ratified by
t no- I the States, was of no validity, and that it was rat.lied
by the Stales as ?mcli, and not by llie aggregate mass
oi* (lie American population. The act of ratification
of* one State, had no binding effect upon other-—
flie rights of men with the of th- S' litlmru tribe-, like the children of the Mist, I the ratification of nine of the old Stat* s could not and
lid not hind the remainder. The Stale- then being
lieu they reee ved the Constitution, came j
struct
rapidity Mild energy of earth’s final conflagration—th
• tiildei** of consolidation : then, and not till Hit'll, will
1 tin ii me to the Palmetto Streamer, the Hag, with the
. lonely *:ar and the solitary sin; e.
i T >e Senator from Camden expressed‘‘imself. n« if
, -remit alarmed at the situ itioti of the country. He
h leaks nut in the -pint of the Unman orator, when de
nouncing Catalinebefore th * Senate, “ Quou<i]He tun*
Hr.m," tVo, 1)»»• s he believe we are indeed coiispir-
itijf against the liberties of llie country ? Are wo real
ly conspirators ! If not, wbv so mneb alarm f Pm-
1 haps the gentleman only deMcned t.i give ns at the out
set. a tl ini-li of rhet ric : fie flourish, llioodi. was
j more like the flourish ol a trumpet—*• Save, oh save
i tnv coinitrv," i- the exciauiatiou of the honorable gen-
i t entail N wv sir, Irmn wlini f From this debate !
Wlot nil- the Senator’s country J I- it sh k. and does
tlie c muiMi wealtii shake with an ague f Is the Span-
llod-ou ; it w ill not lie the
ir.eti-e country belonged ii
the Mohicans Georgia
elite 1 eon a fool Mot, by narrowing down to a|i
thing the occupant claims of the Cherokee*. I mn
partaker in this sin for I have always voted against
those too restrictive measures. This most powerful
sll
upon the coast—i?
’ The country is
r.deuce of erroneous principles ; or per-
i the wrath of hei'on, for it- -ins. \Vdl
ii give us credit for common h.ouesty l l
came into this dehaie, as I tliouglit, clothe I with tho
p "imply of peace. We a«d< gentlemen for an expose
of the principle- upon which th-ir nullification action
is founded, and they give u- no light—we ask them for
Ir i n t'l
the g-n'lei
nave delighted to reit np**n a theme, which thev he- • argument, and they treat ns t • ^denunciations—we j
li*v(t odious to toe people. N’uliifiratioti is the hack- J spread out our faith in a substitute, mol propose to act /
tiered topic of party warfare, and flie jaded hobby i with th-m—this soh-titute. ultlioiigli nearly a tr;m-
«»f trMliiig piditician* Their draft* upon this re- I script of the Kentucky resolutions, they set down as ii
*<Mtrce, have been so large and fr-qitent, tnat we nny , almmioahh.' heresy, to lie uhjurod hv all true Catlr
They ! lies
•mow.hope, liter wiU scarcely again he honored
Slave so tight to make obnoxious principles, by villi- |
♦Tying a mmr. which they themselves have rendered j
odious. Unfortunately, names do not in this our day,
(designate priiteip es Xnlliticalinn. If Vug. I’uioii.
Oenoeratic, State Right-, are in fact, no terms, de*-
•orrplive of the prinsiplcs of men or parties. Frinci-
iples, «>r. are. it seems, too iutntigilde to lie emho foul in {
titles and epithets—we ask gentlemen for ih»*ir princi
ples. and they answer us by denunciation-of nullifica
tion, eiilogmm- on General Jackson, and profuse pro- do, hot disr
Jessions of devotion to the Federal Union. The Fede
ral Union must be preserved, is the text of unity a po
litical homily. Why sir, involve in this debate, the
question of Carolina Nullification ! Whv ca-l upon us
ihe odium of a name t Why seek to identify tie* State
Rights party in Georgia, with the theories of other
•lien, whether they lie right or wrong? T ie storm
•which the oppressions of the Government h id raised
iiti a sister State; lowering, portentous and destruc
tive as it threatened to he, lias passed away ; and
clear, serene, and healthful is (lie sky u liidi it has re
vealed to us. If it did alarm alike the hold and the
timid, vet it brought light and safety. It has purified
tho political atmosphere, and neutralized, if not de
stroyed. many pestilent vapours and deadly poisons.
Nullification has taught men to think, investigate, and
feel their rights—it has taught them to hate oppression
fast fading aw ay—like the dew on the mountain
like the bubble on the fountain, they will soon he gone
and forever ; yet the memory of their wrongs wid live;
l tear a reproach to the Stale.
Hut the right ot llriiani was good only against fo
reign Stales, and of course the right of Georgia, is
good only Mg.iin-t foreign States. Admit this for the
sake of the argument and niv answer i-. tint so far as
relates to any of her reserved light-, the United fStates,
and each State i-a* to Georgia a foreign State. Just
us much so as France, or Spam or Portugal. Geor
gia’s rights therefore, are good against the I nited
State—just a-good as were the right.*: of Great llri-
tain again-t other Mates. Then why dues the United
Slates hv her I^egisl itioti and Courts inter.ere in this
question ? She m iv not interfere.
The Supreme Court itself admit* that the Crown so
far interfered with the Indians, as to keep out the a-
y of Britain 1 gents of foreign powers, who as trader* or otherwise,
lunger, unless \ might seduce them to foreign alliances. If Georgia has
succeeded to the same right, tell me, sir, by what autho
rity the Government of the United Stales can by Trea
ty. contract alliances with the Cherokees; and hv vir
tue of thn.se treaties, Mi-tmii them ngain-t the rights of
the State ? Under this view of (he subject; vvliat be
comes of the Intercourse laws of the United States,
w hose object* are the regulating trade and intercourse
with the Indians' Why, sir, so fir ns they conflict
with the rights of* Georgia, they are void, ah-olutelv
null. Such then are the origui.il rights of Georgia as
; derived by charter Irmn Liiglaiid—right of ^urercifjn-
ty* which includes all other rights—right «»f protection,
right of dominion ; and also the rtg/d to prevent
j other Slates from forming w ith the Indians alliances.
sir. has the State parted with any of the
United States had yet resolved never lo acquiesce
the wrong and injustice done to them, but to persever
The[honorable Senator from Hancock (Mr. Baxter,) J in th • demand of indemnity until it should he obtain!
ed. As early as IS 1*2. one of our most distinguished
- . - citizens, appointed Minister to France, was instructed
or not- Surely, sir, that gentleman did not mean to I to demand reparation for these wrongs; and the H
sav so—he cei tainly does know that the Stale Rights J mml d had been persisted in. by every administration"
parly hold no such opinion. [Mr. Baxter explained] | from that day down to the conclusion'of the treaty of
I am rejoiced then to find that myself and the gentle- j IHHI. * ' 1
man agree here. He admits the right of the Stale to The report then goes on to «av, that of these claims
interpose when her re-erved rights are v infilled. Sir tfin amount find not ptevionsly to (lie treaty fieen fu|| v
tliisisall we claim for her. We believe the right tojudge ascertained, and could not fie exactly known until thev
lo he inherent in the S ate, nud that she nny act upon were fin illy adjudicated : hut the Committee concur
tl» «t judgni 'iit. It aff.irds me pleasure to find the So- entirely with the President in the opinion that the
Hancock going with me thus far. amount awarded by the treaty, by way of indemuitv
President, how does it happen tlint the U- (fills (fir short of the just claims of our citizens, indtil
*"■»» »••>««■ found admitting the right of the oing damages. The treaty had nevertheless been rp.
* M 1 ceived in this country with geiieral'siitisfuctiou, for se
veral reasons, hut more than all, for the reason, that
the people of the United States saw in it the removal
nator from
But, Mr
nion party
State to re.-ist. and directing all its authorities tooppose
any and all processes of the Supreme Court. I had
idueed to believe Hint the real and only cli 11Vr-
uniler it- prov ision-, each, as a party—the oilier State* j cnee between that party and ourselves upon this qnes- () f the only obstacle to perfect harmony between this
* *‘‘ u " ! I* 101 * consi-ted in our claiming lor flie State the light to ; rmiutrsand a nation, the remembrance of whose ancient
determine whether a disputed powei had been delega- friendship u as always dear to them. It had :io t hec„
ted or not; and their denial of it. We have always i f 1)r n moment supposed that a treaty between the tm,
claimed it; and they have formally and solemnly deni- countries, being on the face of it a peifecl obligation
lies ; it j eel it. I find in tin* resolutions passed at the meeting . would he violated by the failure of cither party to per
laws by ; of the Union party in December, I KM, before refer- j form the stipulations on its side, &c.—amlso littledid
»ple are ; red to the following : •* Itcsulnd, that the exercise of Congress apprehend such a state of things, that
oust it ut i ii? Hie other party
Hut the Stipes did not only make the government
hnt they, m their independent character, can mimakf
it. The power tint create I, an I the power that
oiler, amend or disodrr, is found in the Suite
limit therefore he their handy work. 'The I
which the large amount of the rights of the peopl
secured, are enacted and enforced by the States, sub
ject to no control hy federal legislation. Such
power by the General Government not delegated
the Constitution, is tin act of usurpation, Inn indici-
thing would he strangely absurd in a national govern- | dual members of llie confederacy cannot while lontinui
ment, operating equally, uniformly and universally their adherence to it, ditermior. the question whither a dis-
Iftliere l»»» danger to tlie conntrv, it exists only i 51
in ih" sicklv imagination- of gentlemen
The geutlem hi from Early, was a supporter of
Troim. in IS*>5. Troup, he tfiink-.ha* abandoned his j rights since her Doda
principles; lie lias therefore abandoned Troup. Now, | h* H not. she yet rein
sir. ih** course proposed thi- day hy the. majority, does
not vary in principle from Troop’s nullification of die
ti"W treaty. What is now propo-ed to he done?
Why, abrogate within our limits, a law of Uougress
.md treaties made with the Indians. What did Troup
1 and abrogate the new treaty ! Which
treaty, the mthnrities of the Federal Ijover meat and
the majority of tin* people of the United Slates be
lieved to be the supreme law of the laud. Where is
the difFerence betvvemi Gov. Troup and the majority I
Sir. there i- none. But, says the gentleman, the Go
vernment first ti'il ified the old treaty : is rant it, for
the sake of the argument, nud does that make Gov.
Troup less the uhrogatur of the new treaty, the only
treaty recognised hy the Government to he valid I 1
think. sir, the gentleman is ntiswc
r all its population. Such a fact i
I hie with llie idea, that the compact
I I mR1, , |
’Flie Senator from McIntosh gravely contended on j
i yesterday, that the government was absolutely sove-
| reign. Few men, with the lights of thi- day, beaming j
j around him. could v future to otter an absurdity so pal-
I pablo. I had thought that the government was sim-
i ply an agent, and it were passing strange, if the agent '
j he paramount to it- principal.
Mr. President, the reserved rights of Georgia, being.
, as I hope | have shewn, violated by an assumption of
j power on ihe part of the national legislature ; and the
j State and the Gove' nineiit being at i-sue upon the va-
J lidity of the acts of the federal legislature, who shall
j determiap between them ? As between the parties to
\ the compact, upon questions of.political power and
right, we lie I'm ve there is no umpire to quiet a contro
versy. I do lint believe myself, there ought to he . ich
in umpire. It would he sin iu-ntiahle ahsnrhent, stud
lid
(ingressapprehend such a state of things, that they
passed several a< t- founded upon the treaty, one of
wIi'm Ii was to proviih* for the investment of die money
to he teceived under the Treaty in some productive
( fund, for the benefit of* the claimant!*, until theodjudi*
done eompall j puled power has been really delegated or not. Such wn« ! cation of the claims should he completed. Ia con**.,
a federal com- j then the belief ofthe Union party—and such beliefi« the queneeof tlusln-t provision, when the first instalment
| antithesis ol that professed by thu State Rights party | became duo, n draft was drawn for the amount, tl,<»
To-day that party coming up to the full measure of j protest of which, was the first notice of the imn-exe.m.
our liiiili. and in the very teeth of their own politics, lion of the Treaty. To the milliner in which this draft
have ilunngh their committee, reported resolutions de- w
daring vx hat they before disavowed, the right of the
State to resist the
act In u*. this
iinioiii-ui. In us
ism. But
I proclaim that it
drawn, perhaps on tin* score of formality or eti-
|»iette some exception might he taken ; but tli^ Com.
•ourt and the judiciary i mitten are unauiiuo'isly of opinion that the mode adopt,
nu'lilicaiion—in them it is good ed, of dmwitig |br the money, wos fully justified by the
us it is treason—in them it is Jackson- ( term- of the Treaty. It i- with profound regret, khjh
the gentlemen consistent l If they are, i the Report, that the Committee have lenrul ihe failure
I)isgni-e | of the reasonable expectations of the Executive ami of
* yet to be shewn.
tiling as you will, the truth is yet apparent that ! the country, ns to the execution of the Treaty,
the Union Party are tliisday avowing in their pr* posed j The Report goes on to say. as the Pre-blent in his
*' principles, which in us, they have ( Message justly remarks, that the idea of acquiescence
... believe are heretical mid damning
What may he the consequences, .Mr. President, of j moment entertained
the exercise of the right of State interposition, is to me i abandon their rights
in the refusal to execute the treaty, rail never fie for a
The United States ran never
ler it. When liegotiatinn for
indifferent—the cou-equeiice.s are enquiries of expe-' procuring the execution of ti e treaty slmll he exhaust.
dieucy, not of principle. I do not believe with many
J would gradually swallow up the whole power of the eminent statesmen, that the result must fie peaceful
ii inn nl Independence? If she | State- and the Government, it wan'd fie
them as part of lie
rights In the Declaration of Independen e.they
expre-sly retained. In that declaration each Stole
daies itself/Wr and independent ; and each State agrees
to support tiie freedom and independence of each other.
Now freedom and independence, embraced// rights of
Sovereignty, and of course those now under question.
This is not all : these rights are not only here admit
ted. hut all the other Slates came under solemn pledg
il tiiuu any tiling now found
• j Supreme ('ourt has assumed the
our sy-tein. Tim I
igfit of being it-clf I
final nrfiiier, him! we see that it has already, in the very
infancy of the government, acquired an almost com- j
in.mdnig influence in the Union. Wliat woufil it not tic
he it it-umpirage were admitted ? It would over-j ce
shadow the Constitution and the laws, and the liber- | ce
tie* of the country would fie merged in it- power —
Yes. sir. establish a tribunal of dernier resurt. and its
to support the State of Georgia in those rights, and to I coii-ti uction- and it-usages, like the prescript'! e rights
preserve the
any ol the
from
right
iolatioti. Nordid the State yield I of king-, would fie tin* C
lion. By tin* *Jd article of Confederation, it i- stipu
lated. “ Each State retains its sovereignty, freedom
and independence, and every power, jurisdiction and
right, which hv this confederation, is not expressly
J delegated to the United States in Congress assent-
I have thus, sir. briefly adverted to some of the ar- hied.” Now, by reference to the article** of coulede-
gumeiits ol'gentlnmcii who h ive preceded me, on the ration, no grant of power whatever is there made,qx-
other side of the house, in thi* debate. I propose to cep! the ri^lit “to regulate trade with the Indians, not
reply, as I proceed, to some of the views presented hy members of any of the Slabs, and provided the right
the Senator from Hancock, (Mr. Baxter.) i of State Legislation within its limits arc? not abridged “
Allow
question.
f» now. sir. to proceed more directly to the !
'Flie substitute nud tlie original proposition, |
Irmn the
it furui-hi's
4iud it lias stayed the hand of the oppressor. Caroli« » both contemplate resistance to the 1
«ia resistance, terminating as it has, mu»t he recogniz* ! Court. I prefer the substitute, hen
*d as the occasion (il much good, notw ithstanding it 1 the principles upon which we nre to act, and because
threatened great evil. But who sir, in this debate, has J those principles characteri-c the Si te Rights party.—
Tho substitute also puts directly in issue the Judiciary
act, the intercourse law*, and the treaties under whose
guarantees the Cherokees, or rather tlie Supreme
Court for them, set up their claims. So does not the
report of the committee. That report is delpl
makes no committal of its supporters lo any doe
except so far as doctrines may he inferred from the
Iniiactor ofthe resistance it recommends. 'Flie sub-
been found advocating the theory of resistance
taught hy Carolina T No man. ft is not necessary)
in this discussion to set up or tear down Onlliounism j
The occasion does not require it. But sir, it is the
fiolicy of gentlemen to show us oir. it they can. dies- 1
sed in the garb of Nullification. Let that doctrine he 1
rijht or wrong, for the present, 1 have nothing to do
•wilt it. It is, & had thought, di«c«nnented with this i*-
«ue. I ain sir, no propagator of other men’s theories.
*nd hold myself free from all allegiance, to men who
nre. or would be political lenders. My aim i* to ii* I vo
cal® principles, and leave men and names to take cate
of themselves. For myself, I am known lo he a dis-
approver of Carolina’s theory—upon 1 his subject I
(have no concealments; mid from it I entertain no
fears. Upon that State, I east no reproaches—her
s«««. though il may fie, like all of woman horn, smii'**
•fine# erring—I should he proud to enm ate. in their
•etifiia, their honor, and their chivalry
Has the -State, Sir, then parted with any of the-u
rights hy adopting the Federal Constitution ? I an
swer no. By that in-trmnent powers not expressly
delegated to the United States, nor prohibited to the
States, are reserved to the States respectively, or the
people. 'Flie only grant of power m the Couslitiltiot.,
hi relation to this matter, is a power to regulate com
merce wills foreign nations, and among the States,
i\\\d w : -'h llie Indian tribes. Herein is found no dives
ting of jurisdiction, hut a power simply to regulate
commerce with the Indians—il does not amount to a
committal of its supporters to any doctrine, power to hind the State by Treaty; hut relates alone
to trade.
Bat Sir, it has been said hy the opposers of tieor-
stitule proposes to resist, and a*serts 1 lie doctrine upon I gins jurisdiction, that the Indians are a foreign State
which we are called to uct; leaves nothing doubtful. ) under this clause ofili* (’ou-titutiou, and that
hut avows the republican tenets, upon which alone, ,l * *’ 11
resistance uiay lie predicated.
It
aid, that ro-istitiice to this Citation does not its quietus from the Supreme Court itself; determin-
! firing the State into collision with the Sitpiumc umiri, : •••
I that the Citation is a mere notice, which the Slate may I kee tribe is not
Court; ing, in the celebrated Cherokee c
respond to or not, and that the validity ofthe ‘Jltli
lion, the intercourse laws and the treaties, are not at
rumeiit thro
the Indians us i
nil involved. This, sir, is evading the question. We | sensing any of the attributes of Sovcm
know that the Supreme Court lias, and do^s claim also urged that the Slate Inis recognized the Indian
But, Mr President, if hv nullification you mean the I jurisdiction ; that that Court Inis and will recognize j title, in the Treaty ol cession. True, she bus. And
flf Slate interpoxiiion—the right inherent in , the rights of the Indians, and does deny the jurisdicti- / wliat is that title/ The occupant title alone—that
of Georgia; and we know also, that whenever a j title which \s as recognized hy the Crown, hy Governors
*>M*.h ut any peril, and at ah hazards, to resist , ,
*n uncoNstitutional law of Congress, then ain I a Nul- ! proper case can he made, the relative strength of the Troup and Gilmer, and hy all enlightened poli'ieiaus
Yrfinr—Tlii« ic the lii^l) ground 1 take. Grant me this, 1 State and the Court will he, must he tried * “ **•' * -• * % * *’
findf care not lor fractions of opinion and shades of
senlimescl: withhold from »ne this necessary generic,
primary priori pie. end I profess to he in political sen-
4, flie meresl
All of! of the day. Now, Mr. President, have 1 proven that
principle that can be involved in any case, is involved | England enjoyed over thi- country, the rights ol soil
in this ca*e. It avails nothing, lo say the case will ter- j and jurisdiction—tlmt by Charter Georgia succeeded
itntion. Better, infinite-
when she joined the confedera- ) ly belter, leave the reserved rights of the Slate:
their own protection, with no re-triclion a* to the
ercise of tlie protecting power, save honor and inte
rest.
.Mr. IWident: The Union party have entertained
the belief that the Supreme ('ourt Is the tribunal of
la-t resort—a tribunal of political and constitutional
umpirage. This is the doctrine maintained by the
Cnuri itself. Ivy Judge Mar-hall and Judge Story.—
This, sir. i- the doctrine of the Federal party—this is
itself Federalism. To prove that the Union party be
lieve the Court lo he the trihun I vested with power
under the Constitution to determine between tlie par
ties. I refer the Senate to the opinions expressed up
on this subject by one at least of the newspaper organs
of the parly. 'File Federal Union press, of high re
pute amongst Union men, and of very extensive cir
culation in Georgia, has avowed such a sentiment.
This paper i- held to he the mouth piece ol the party ;
its teaching- upon this subject have not been disavow
ed, they lm\e been acquiesced in—thev have been re
cognized as catholic. But there is higiier and stronger
evidence than this—The Union men of our State, in
grand council at MiMedgeville, in December. IS3I1,
published to the world, a confession ot their political
faith. This conlcs-iou.sir,could not have been adopt
ed without grave deliberation, and large di-cussion.
Those who gave in their adhesion to if, must have
adhered with a full knowledge of all they did—a con
trary presumption could not he raised without fixing
on that assemblage, the character of the verie-t pueril
ity. The r* s dutinns adopted hy the party at ilia!
time, are eon-lifsfve of the seiiiimei.ts of the Union
iipmi. There is no escape from the strong h and para
mount character of their authority. In one of those
resolutions it is declared as follows: “ Convinced of
Hie perfect harmony existing between the p litiral doc
trine* of Mr. Jetleison ami the political doctrines of
Mr. Madison, as c mtaitP'd in the Virginia resolutions,
we shall follow and forerer maintain the doctrines of
Mr. Madison, u- expounded by himself, and not
No, sir. I believe no such tiling. The right to act
one tiling, whether the State will, or will not act, must dent that period I
be always a question of loss and gain. Interest will. *
in li lost cases, settle tip: course she will take. For na
tional honor is. according to the code of modern poli*
identical with national interest. In the pre-
i-e. I am prepared to act. Let the consequen
ces he life or death, peace or war, weal or woe 1 am
willing to abide the issue ; the more willing, since I
agree with gentlemen, that this particular case must
he peaceful. The Indian, sir. will lie hanged, nud j
I, it will 1 hen he for llie United tStat« s to consider
wliat other measures are necessary to procure their
gilts to he respected. In the opinion of the Presi-
already arrive* ,and lie hasrecuni-
lint account the government liny make with tin
Tre.pies, obligatory upon Georgia. This idea receives
that the Cli
foreign Sta’e. 'Flie usage of the
limit its whole history, recognizes
late of pupilage, ami not as pos
it is
mended lo Congress to aullioi ize reprisals in ihe event
of a fail n re of France to make payment, &o The Presi
dent. howoverdoes not present the course ol reprisals ns
the only one open to Congress, hot by ilie admission of
the alternative of waiting a further time for the ac
tion of the French Chanibois, leaves lo the choice of
Congress the two courses, of further negotiation, or
of a contingent measiiie,-which in its consequence,
^ may possibly lead to war. As to the latter course, if
there ends the drama. It may not, it will not he so I | the liahits, inclination- and interest of this People
fenr, when civil ca*es are brought before the Court, are opp sed lo war, when not unavoidable, with wliat
• j The time, sir, is not remote, when the Supreme (’ourt ' ml led force do not all these objections apply to a war
must act out her opinions, or shrink iugloriouslv with an ancient ally, towards w horn the people of the
from the contest. I hope, sir. when that time shall i United States entertain the kiiide-l sentiment*! Par-
come. my native State will he found, as ever, true to | taking of this sentiment themselves, the Committen
the Constitution, mid true to herself. Gentlemen extended their inquiry. first, into the practicability and
have charged the State Rights parly with deceiving { expediency of the peaceful alternative presented hy
the people, with applying the talent of their body, j the message.
which they admit to be great, to the purpose of gulling : 'File report here proceeds to a critical analysis of the
their fellow-citizens Our county meetings, associa
tions, free discussions and hold avowals, have nil been j
eorrespendence (between our Minister and the French
.Ministry,) which preceded the formation of the Trea-
‘barged upon »*, as instrumentalities of deception.— tv,shewing, by vnriou-quotations Irom it, that ilnoiigh-
take plant
mil establish i
timeuL the me'rest pauper.
t Th® Presidewt ofthe Senate, said on yeslerdny. that
we were unwilling to yield to the voice of the people . n
—that th*y had settled all Him principles involved in j dietary act. Suffice it t-» say
this debate, god against —That the popular voice, * * 1 ,l
like the will of God, should be obeyed—and very
modestly adverted to his own agency in directing
Mild controlling (lie voice of the people. A* an
evidence of thi«, he adverted to the recent election*
ill Georgia. He would have u« tielieVi.', that the pen-
|d« had sealed with condemnation, the principle*
of our parly. It is true, sir, that by the recent elec
tions our opponents have been placed in the tnaji ri-
ty—hut, air, I deny that dial majority has been ac
quired by a prostration of our principles—(lm«e prin
ciples yet live in the hearts of the people of Georgia,
and there they shall ever live. \Ye have been re
presented as holding tenets foreign alike to our heads
and hearts—-charges against us of disaffection lo the
Union—of being disorganize!*- and traitors—and an-
mitmte by the death of the Indian, before any collision ^ t‘> them whilst a colony—that hy her act of inde
'Fhe circumstances of tins ca-e do j douce, she acquired them lor herself i
f pe li
re ign
llie rights ofthe Cherokees; nor the validity ol’tlie Ju- j came into the confederacy I If I have, where are they
. ihat cases may occur, j now? II in Heaven, earth or air.
matters will he tested
deny the jurisdiction of* Georgia ; nor ) Stale—and that she has not parted from them since she j ralist. is that the Supreme (’ourt i- the tribunal of last j guest. 1 have refused the oiler of pine
ifsorl. Now, if I ain wrong as to my fuels or iiileren- place lo which my anihiiion *-8jiiied. S
res in relation to this subject. I invite gentlemen
correct me. This then is the belief of the Uni"ii |
ty. and I .isk the utipslion in the f
Georgia, nod with a hope of being answered, is tin
the granite foundations of Earth. And who, or | republican doctrine—is it not Federalism—and are not | ed ih. the initio ily party, because, sir,
wliat lias the right to interfere with thvin,? Now, sir, I the Union party from their own shew ing Federalists?
two*—first, that | One oilier question I beg leave in.ask—If the majority
ti-Jacksoniim—have been the iiictriiincntalilics of laud void; and if
. | in which lie
l propose, sir, to shew that the net of Con
gress, giving jurisdiction to the Supreme Court,
and the intercourse laws and treaties guaranteeing
rights to the Indians are void, because iliev inter
fere with the sovereign Iindelegaled rigid of juris
diction, which Georgia claim® over the persons mid
things within her chartered limits; and if void for
their niicoiistituliomilitv. may he riglitfullv resist
ed. The process of thi- argument, I trust, will
prove, that in relutim to her jurisdiction over the
Cherokee people and lands. Georgia is no unqualified
sovereign. The right of jurisdiction, if not parted
with, & not prohibited to (lie -Mate, is a reserved right,
and nny laws of Congress or tre.die* of the govern
ment interfering with that right, are unconstitutional
the State. And as to llie-t
absolutely, unconditionally.
reign. They are in her, s
, they now ve-t in I
gilts if none other, she is i
.iml unquulijicdly a sove-
i ited firm and immoveable |
elusions from this argument m
in relation to these rights the Stale is sovereign—&e- j do believe the Supreme (’ourt to he the tribunal of
corn!, tlmt those laws of Congress, in the judiciary j last resort, ImW i- it that they do now renist its citation
act and the intercourse law-, and the Treaties, are and deny its juri-dictiou? 'Fhe g uile
it the negotiation, the King of France evinced the
most friendly feeling* towards the United States, and
look mi unusual interest in the adjustment of ihe ques
tion between the two countries. Uur Minister lim!
been remind d over and over again, of the diflieultics
which the Ministers would have to encounter front the
Chambers in consequence of the Treaty. Arc. To
this history of the negotiation the Committee did not
advert to justify the omission of the French Govern
ment to carry into effect the Treaty; the difficulty
now experienced in the French Cliambeis being in
affair between them and their own Government, and
not between them and our Government. But die
your report is silent as the grave and j Committee find recurred to this correspondence, he-
cause, after the warnings which wi re given of the
diificultios which would have to he encountered, a fair
coii-ti uction ought lo be pin open the c*nr«e of tho
K iig and his Ministers in this matter. If the King
lias throughout acted w ith g oil faith, mid i- still Inher
ing to ellcct rite passage of n hill in the Chamhms to
carry into effect tin* Treaty, it would be not only mi-
jit-t.as respects the French Government, but impoli
tic. and unwise as respects the claimants themselves,
lo throw obstacles hi the way ol the success of thu
King’s exertions, hy the adoption of rash or hasty mea-
nture upon justifications un- • mires, even contingently, which might convert some
of the warm friends in tie: Chambers into bitter ene
mies of the claim*.
Fur report then proceeds to ttin consideration of
wliat lias transpired since the ratification of the Trea
ty ; carefully review ing and analyzing tlm correspon
dence which has since passed between the .Minister*
of the two c Mintries, Ac. 'l’lie Committee expresses
ami the only | llie great pleasure they have in concurring with the
ong as I am i Pre-ident the United .Slums and Mr. Livingston in
in her councils, I go for the liquor and right officer- i entire confidence in the good faith of the King. An.
gin—with her I swim or sink; I was horn upon her I as profess d in several of llie letters from oor Sect (Ha
lf tin* people of j soil, and I hope io lie entombed beneath its Mid. j ry of Slate and our Minister in France ; and they
The Senator from Hancock, (Mr. Baxter.) lias call-j consider il due to candor to declare tlmt limy have
believe the i seen no rea-oi. since to distrust tlm sincerity or perfect
minority every where, have lights. He says this is 1 integrity of the King in this matter,
the maxim of King* and Despot* ; and of course, his ! ft having been arranged in the correspondence
inference is that we are the kingly party. Now, sir, | which follow ed the rejection of the hill by the Cham-
all this may do to talk about, in assemblage* of the ! hers, tlmt this Government should aw ait the further
Strange, passing strange, that such means should I
used for such an end* Stupid beyond measure is that
party, who would resort to meimiie* so suicidal ofthe
end. Deceive the people! Have not our principles
been blazoned from the house-top ? Deceive the peo
ple ! (.tiir labor lias been, to lav broadly open to H e
popular view, our motives and our principles ; we
have, unil on this day unite, nay, challenge our adver
saries to an exhibition of their political principles.—
Let the world judge between us. Do you, gentle
men. avow your faith in your report ? Do you en
lighten the sovereignty with an expose of your mo
tives and the ground of your conduct ? You do not.
A* to pi iucipli
dark ns chaos. Who then deceives the people ? \V
disclaim the low tricks and dirty mauuMivriug of vul- j
gar ambition. We throw hack the charge of liypoera-1
sv. Surely, if we had been politic, we had h en
more secret, less open, and more reckless My own I
course, tli"iigli it pass through the vub* of humility, I
has yet been unostentatiously plain and unobtrusively !
onward. I have hut little to say of myself, and that j
little it may In;, is too much for the occasion and th (
speaker. Silence j* the most eloquent eulogist ofoiir j
own merits. Scarcely may any mail commend him- {
self-—it is hazardou
charged, or sing one’s own praises uninvited Yet
the exciting occasion, the theme of discussion, and ihe
custom of gentlemen, excuse me for declaring, that in
pounded by political schemers, who presumptuously my public life. I hope to be as lion
pretend to construe these resolutions better than their • wavs. My principles ;
my private
fram' d as a man and a poli-
iiitlior.” Now the doctrine of Mr. Madison as ex* J tician, I hope, by the same rule : the rule unerring, of
pounded bv him-elf in hi- late letter and in the Fede- | right. I seek no ofliee ; if I did.it w ould be » fruitl
mv not be enforced hv tin* Su-
our defeat. The |«nple. sir—(he majoiitx ot (hem, I
have, uo doubt, hold the principles we thi-day advo
cate, and winch tire set forth in die *nli«titutr. 'Flic
actual position of men. in Georgia, bei
the power ha* changed hand*, piinciple* remaining
the same. The Union Parly «ow command the vot
ing power of the Slate. This we admit. This though.
hat been acquired by accessions from our ranks. Un-j gia extended irout the Atlantic to the
congenial'elements constitute that party—elements, j territory of greater extent, than comprises i
which I dare say, never will coalesce kindly. There ) empires of the old world. From this te
is, however, uniting that party, an almost indissoluble : ~ r 4, “* - *
bond—it unites most parties—il is the politicians link
—it i« love of power, a community of personal inte
preme 1’nurt. In asserting her right of jurisdiction,
the Slate lias extc <1> d her laws over the Indians ; the
Court denies that jurisdiction, and calls the State un
hanged. j ihorities to answer at her l»nr, upon a proposed trial as
to the validity of her laws. Thus, air, the question
conies up.
At the treaty of 173‘d, the rightful domain of fjeor-
Mississippi, a
»ny ofthe
territory lia*>
primg the growing Sta'e- of Alabama and Alis-is-
ippi, rejoicing in their strength like giants aroused
void and of no force within our limits. It they are
raid, the jurisdiction ofthe Supreme (’ourt claimed
under them is wrongfully assumed, and its process
may, nay. must In* rcm-tcd.
Gentlemen are prepared some of them to admit,
that these sovereign rights nre in tlm Stale, hut deny
the right to act upon them. Can these rights of sove
reignty suh-isl in the State and the Government ;.t
the same tune \ 'Fins would be to assert an absurdity.
If the State is» a sovereign, and her sover* ign rights are
invaded from any quarter whatever, shall she lint judge
of the infraction, and the mode and measure of redress?
it i-admitted that she may judge, but the right of ac
tion upon that judgment is denied. Wliat. in the eye
of common *en*e, is the right of judgment without
the right of action? Why. sir, the veriest nullity.
'Flie adiiiis-iou which gentlemen make, it seems to
me, draws idler it the conclusion upon which 1 insist.
Sovereignty over a par iciilar subject matter, means
nothing, or it implies a right to coulrnul. as against Llie
iy answer I uninformed of the people hut it does not answer :
if they can. Huce such is the opinion ol our ad\er- well in th« Senate of Georgia. Tlmt Senator claims
j saries in relation to the Court, the soundness of that
I opinion merits a brief notice. Has the (hunt tlii-
I alarming, ruinous power ' It has not. Fir-1, because
l it is but a co-ordinate department of the Government;
*J. No one department can exercise final coinrol n.er
the other department co-ordinate with itself. If the
freshing slumbers. Ii is humiliating to our "bole world, that subject nutter. The right to judge
md the right to act are consistent, co-equal and iudivi-
ahlo. Thus I arrive ut the right of Georgia to re>i*t
. „ , i - -
rests, hopes and fears. All alliance defensive mid of-; pride, to admit that our Stale has ported with this rich
fenaive ugaimt all who may ntiestiuu their right of of- | inheritance for u sninr. the ballad of yesterday When
fice, and right of loaves. Where are tlm«e lofty mid
proud spirits, whose daring achieved the conquest of , p , t
1825? Where ure nre th»j patriarchs of the Troup fn-I fiig for proud retrospection; the future, opens up to in# I know not. Our
milv? the compeers of Crawford and Smith in the j the view of the patriot no chooring prospect. Even ] «»'>re than once. In i
shall our people know their interests and our Senators j the process of llie Court—mv antagonists arrive nl
learn wisdom ? The past of our liwtory, a ll'ords noth- j the same conclusion, hut hy what process of reason-
' : ‘ 1 1 * “ ^'tute has exercised this right
ssion of ISiM). 1 myself,
Radical war/ Many of them stand ill the ranks of i children, sprung from the loins of Georgia, one of the j then u member of this body, reported rcsolutionsde-
ftliose who wer* then, and who are yet our enemies—' old •hirteen, are outstripping her in (l»« race of im- i cl.iring these, rights and these principles. The siib-
fthose who wer* then, and who are yet our enemies— I old ‘hirtu
of those, who were in ’25, in array against the State of 1 proveinent.
outstripping her _ .
Within these limits, A within the present! tftitute contains them, mid yet geutfei
en denounce
their nativity. Things have sadly changed ; yet. prin-( limits of the Slate, lies the Cherokee triln*: and llio-e ! substitute because it contains nullification. It
ciples are now a* ever, iiuh'slruciuMc as the pillars of 1 lauds, the jurisdiction over both of which, is
remains for them to shew, for they have not yet shewn
to belong to the party recognising the right of the ma
jority to rule; and therefore the people's party. Do
you mark sir, diecoutra-t the gentleman would exhi
bit. According to my notion of things, majorities
have no more rights than minorities—if power gives
right, then the majority have all the lights. The ma- j the Cliaiuhr
('uni t In* Supreme in matters falling within the range , jority party, is the power party. But it is a common 1 pledge, though they find every assurance .hat the enr
ol’it- action; then are all the other departments mi- | opinion that the in ijority must govern. Who gave j liosi practicable opportunity will he seized for pressing
in their respective spheres—Presenting the ah- the majority the right of rule—i» the right inherent—
irily existing in the nature of tilings? Is the
aciion of 11»♦» French Chambers '•cfore taking any
other step, the Committee proceeded to examine oil
what ground the Pre-ident now recommends action
w’iiho.it waiting. They review the c.orre*pondencp 4 b«-
tween the French Minister here and our 8eciel»ir\ of
Slate, in reference to the supposed pledge of the
Fren -li Minister for an extraordinary convocation of
: Committee do not find such n
surd predicament, of a multifarious, irresponsible, !
conflicting supremacy, ov er the constitution and laws,
existing under a constitution professing to he rephh- (
lican. 'Flie Supreme Court is Imt the creature of a ;
creature, but the agent of the Government; and can
thi- subordinate agency control all it-principals ?
If the Court may exercise the right of final determi
nation. then may the Court create llie abuse, adjudge i
it rightful, and hy its plenary aullioiity, sanctify us to he ruled becausi:
the hill upon the Chambers
They find an expression of an expectation on the
right of rule in the majority consistent with the prin- 1 part of the President Hint the King w ill use his whole
pies, unvarying and eternal, of justice ? No sir—this
iglit is not one vv liirh justice confers, it is not inherent
(istilutiunal power, (which includes the power to
onvene the Chambers at any time.) but they donut
in the majority; it i- exercised either by compact, find (but expectation to have been re-ponded to by the
permission, or Iroin inability to resist it. It is purely
.‘ouveiitiotiMl, not a’natnral right. Georgia is ’
French Minister; or, il it was. llie docu nent contain
ing the response has not been c* nimunicBled to Con-
minority upon the TaritVquestion—must she submit j gress. Ac. Ac. If the Chambers had been convened
the minority ? I trust not. earlier than usual, though nothing should bnve been
she
assumption- upon the liberties of the people.— j Our constitution is designed to protect the rights ofthe < don® by the
illustrate ibis idea—the Court 1 minority. So are all constitutions
'File case lief
assumes wrongfully the jiiiisdictioii over the Clierokeo power take rare of themselves, fundamental law
lands and p-ople ; it may pronounce its own jurisdic- the protection of the few. Without this, the few ..
lion rightful, and llie rights of Georgia are immolated ! the slaves of the many. I hope never to admit that ( known what subsequent intelligence ha* disclosed,
Ihe lime that Congress met, it i* ti 0 *
Majorities and i prnlnthie, say- the Report, that the President would
| have held the language towards France, which is con
tained in his Message; nor would he, if he hint
at the shrine of this all assuming, Vet all rectifying j tnv fellow-citizens, Georgians, are sluves to
Tribunal. ' 1 or set of men.
If though Sir, it be a tribunal of umpirage, it must ! 'Fhe Union party are the supporters of the Federal
he from the position taken, universally remedial,—yet, administration ; General Inckson with them, it would
sir, vve know there may be and have been abuses,
which cannot be remedied by the Court. 'Flit* Tariff
laws afford an illustration ol this idea. Congress has ‘volutions are wrought. Men love it for its conve-
that the Chamber* were lo meet on the Isl of Decem
ber
'Flie reasons assigned by the Freneli Ministry fornot
calling an exliu meeting of lliu ( Immbers were plan*
in do no wrong That name has been magic j g |ble at lea-t. and il they do not command conviction,
Georgia—il has the power of a charm. By it re- would justify acquiescence in Ihe course ot the
the unquestionable right to impose duties for revenue, ,
vii of Great Britain. 'Fhe right which Great Bri
i lain had to these limits, she
conquest. N\ liether this
Milch of this debate lias been occupied
qtiired hy discovery and ' the question, whether the States lire sovereigns 1 will
lit be equitable ur not, it ‘ illustrate my own v ievvs yet further upon this subject
Heaven. They have left us alone, to wage* unequal j controversy From whence doe- the Suite derivo ihe what principles they adopt our action, since they j but it has unquesiiomtbl v no right t«» impose duties for
, war with our aweielit foe—Federal Doctrine. Discom- right of jurisdiction ? I answer, by charier from the I repudiate our principles. ..*«»..«• MM *“ 1 1 ul -' < ““
feed we may he but not disheartened. Our triumph ' '* ' ‘ ‘ l * * '
•May ,l*e lardy, hut it i« inevitable. If politics be a
trade, (hen let oilier* profit hy their vocation—for my- . . t . , r _
•elf, I recogtuse no jucb calling. It is melancholy to j i* no part of my plan to enquire. Such rights are recog- I believe, sir. that the diale* are sovereign, utiqtiulifi
reflect, (but tho-e who have made the people think 1 nised among ilie nation*, asserted lo he good by stand- . edly sovereign ; yet sir, I also believe that the Gov-
them patriots, should trade and traffie, grow rich and — — 1 1 — *— 1 ,r " ;, ** H «*.»•.-.*••» ..r »i.«
fatten upon public credulity. The union of the Troup
anion men with the old Clark party, reminds me of I questioned—us u question of iuternntiomtlhii
the first mingling of the waters of Jordan with the hi-I is established. That England discovered
luminous lake which hursied from the grave of Ho- quered this country, is matter of historical verily ll
dain. Those water* came fresh and free and sweet the entire conquest wn- not effected.!eo instanti, in
from the fountains of Judah, and mixed and mingled j which the discovery was made, vet the conquest be
I «rd writers upon national hhv, and is not now open fur j eminent ot the United State? is, by consent ofthe
discii-sinn. As a question of morals, the l ight might he 1 States, in ihe exercise of sovereign powers—such for
. the right j example a- the treaty making power, which is coiife:
protection. The Tariff Laws being ostensibly for
licussing | purposes of revenue, their letter is within Ihe grant
of Power, bill their spirit and real intent being to pro
tect one species of industry, at the expense and
even destruction of another, and their operation being
unjust, unequal nud oppressive; are evidently with
out the grant, and niicmislitutiomil. Now when the
right to enforce these laws upon a State, is disputed
hy one party and claimed by the other, the Court, the
nieiie
large
It sound- well in the public ear—it looks > out the
i the eve ofthe sovereignty. All
the committee art* entirely convinced, through-
>ok* f out the negotiation, and on all occasions, before t ,IP
( h'f* 1 treaty and after the treaty, the King has invariably
taml what is meant hy Jacksonistii. 1 here i- no shown an anxious desire (or the satisfactory idjufl*
mystification here. It is an argument of destruction ; ; men! of the difference* between France and the Um*
men who are, or nre said to be, opposed »o General j j,.q States. 'Flie opposition to the execution of th®
Jackson, die speedily Jackson and Jackson’s admin- treaty had not proceeded from Ihe King of France or
istration hold principles at war with your action. NVit- i,^ Miiiisler.«, lint fr«m the Chamber of Deputies —
ness his Proclamation, his Foice Bill, bis Protest. | Whilst these exertion* are making bv the French Go-
sedlv an attribute of sovereignly. The Government \ arbiter, inn-1 determine according to the letter, and
i*. before the independence of the Suite, complet'
bolds the power as a common agent; and so long ns ;
she uses it in good faith, the States are morally bound
to sutler her to retain if. This delegated trust is sub
ject in revocation, and by rnii-titiiiion.il rigid, the
their Hm4 with Ik® dark dead waves of the Aspiiulti-j emuc. •rciw.c . j-.~. — - - - v j■ ... r
tnt. At»4 were the hitler billow* purified by the 1 Upon the State’s becoming independent, she succeed- States may take it back; thereby exerting a final con* no umpire. It must needs at i in one only way. Its One thing u true—our fellow-ciU/.eus are li mestly at
ti»«ltlifut mi rau.u. .. r ii.. l.u!m. t .. d.., ,i. .. I l. .ii ,l. i.i.ini.....» I.. ii :r i,n.ii hmu. ii f Pi.u /!»■ a-m..—..t j.m.iiih( I,, ill ii in iiiir. i t.nu* i.rj iif rmlriwj /»*> 11 iia*t*«.r 11 11 i.i injured party. Inched to the Umott and the Stn le I hey mav he s*ovv
must in alt cases determine against the Htntn, and in
favor of ihe Government and its oppressions. It is
therefore, in ail such cases, Imt the agent of the go-
rumeiit. to confirm its tyranny. It i- in such ruses.
Has he not declared (and if Jackson Ims said it, will
he nut do it ?) that he will eidiuce the laws ol Con
gress. You resist those laws—he will enforce them.
You resist the 24th section ofthe Judiciary act; will he
not, when a case is made, enforce it / lie w ill, nr lie
is no longer Old Hickory. Then what sort of port do
you hear to Jackson ? It is the hearing of opposi
tion. How all these tilings will result, 1 know not
healthful stream* of Palestine ? No. Blit the waters oil to all the rights beloiifing to Great Britain—and if troul over it. The Gov eminent cannot in Id it in per : powers of redre
#*f Israel were U»*t'n« die silent deep of the dead sea. * the right of soil and juriodicti in existed in th*- mother petiuty. The people or the States may change the 1 That parly becomes the victim to the rule of delerini- in ascertaining who
The old Clark party have been till now, consistent— country, at the tim»* ofthe declaration of iudepeu- whole Irnine of the government. It is not then a right 1 nation hy which the Court must decide, ami its adjudi- 1
they were federalist* when ngaiust tlie proud spirit <»r deuce, by that declaration they vented absolutely and inherent in the government to make treaties; it i*.. right cal ions, coil linns, records and settles tlm oppre**ioti
Troup and the sacred rights of Georgia, they su* ain 1 unqualifiedly in the Htate. Her right* were at that * conventional. 'Fhe power of sovereignty under this The worst of evils the must intolerable of wrong-
ad A dam* and lu* agent* and his armed array. They i ico-equal and erwxtensive wiili those ol’tlm parent view of the subject, may be justly >aid to rest in the , have,and under our system will result, either from an
however, to-day pru|wiac to aetts Ulllliflcr*—-Uie public ’ Slat** ; and if England even had not the fight of soil parties to tlm federal compact respectively, tlmt in ill f abuse or perversion ol granted powers. In such cases,
voic® eotiatrainiHg, for hold wfcftt opinions thev may, I and jurisdiction, yet Um Htalr. hy her act o! iudepeu- the Slates Again, sir, the government being all a- Jl have shewn «lie Court, if it wmido-ired, lias u» option
their best friends, but when
certumed, they will honor uud cherish timse who
honor them audafecrl uud protect their principle-.
<0\G K INS.
i ercise of sovereign power, may be said to be the act i- ConstilUlhm. Now when such vi< bilious of the enn-
Mr. tiny’s Report,
From ihc Committee of Foreign Relations in the Hcuate,
on the subject of the French Treaty. The following is
. . . . , 4 . . an ahsirad of its contents, furnished hy the Nulionul In-,
It. one narlieiilar I nt-r..,- uit), i|>. .....mriiv, and in 1 J"' 1 **" ul «».« n s (,l <il r«»..l.ri# tl J I-vbii I trlli(»m-«rs-
—" “ r ,L *“ — *’— Thu Knpnri nl. <>.tl will. .•xpre—iiiK llie ...Hire cm..
of tin. re«p«ciivr|v.
1 «m... ii *.. I.ec.i.n*. pnlpotiiu .....I dii..,«*rm.-. \vl... -l.aM I
llio r.fl.l. Ilf Georgia. juri«li(iioii I«u. t k«»u.tiiii.e.i.' | dei.ee H.«>»n«d .l.e.e rigl.l*. I.eii.K u. Iltal time ... the cm, her n. t i.lhe octal her prioeipnlo: mol >h« e*. 'Vmt .mint "ii.lom the low wl.vn ii.leller ...h.i.Ioi... ll.u
llImsI<mii alMuiptad b* (e»tlem«.ii.. del«le. tore*' axerciuafdomli.ii.ll « v «r ll.eoe v «r/ lonilo.
preM.nl n* »* iniaiieel n. Uie L'aiau. L, il.i. Oiir, «r ’ I lint it .nay he *aid, ll.ol the ri|rlit» af l'...^lo.«t under
Do enatlau.eu tialieve what ll.ey ,»y ! Where i, the’ tlar low. ..r.iutimio we.a nnlv ‘.niut, oo Hjjoie.t ...Iter
letfeeafthe Ctcl t If elutrjgee wr«tt(hteoiiviei|ii... I Ri.h-. nn.l iherelure .he
l were virtue witba.it u .l.ield, an I .n.ue e.ire
,uareu.ee of eafe.y If, llio.yh, they reoll, .neon
whal Ibev MV, tftru ere they wofnlit deceived; limy
•re Imt tie Jape, of the motl polpol.ie deluoini. ll |
knowi«SMefihc feejinj.nf die pally, with wlioin I on.
pruedieeeMfccy love, and will cheri.h and ...ninuin
Sua aadeaniid eed ciurione CoioH, tl.ia feirr.l, linn*
(*«ecat (alirhr •f p„jitieei Wiade.n known to the on
pe'.iof U1SJJ, U be ;H •») own hri*sil, a pubs ti.no the \V«I slot
I^X h®1s Mrig® HtA strofjgusl. If is that on* wl'ich that the nghi id m,mtttmly prvtnlUiM nta\ dominion i*
vurnmant, tIi** policy of this Governtreiil i? s'.ijngl •*
en them—to second them—and, above all, lo oo no
thing to impair the force of them
The refusal ot one branch ol a Government, it •*
true, (says tin* leport) lo execute aT reaty mnyht
regarded as the refn«al of the whole Government*
hut when tin* head of the Government evinces m*
earne'lMcs* which hn*beeti shewn in tilts case by W»®
political bead of the Fiencb Government, s»v.h a coiv
elusion ought not lo be hastily drawn. Upon tne
whole, the Committee nre nl opinion that the liaw* ' ,BS
not yet arrived when Congress is called upon 1° P"
into flie cnii«id'*rntioii of Ihe vsryscrion* questi®*n
whether they will enter into any measure for tlm P M *
pose of taking into thrir own bands redres? for wrong
by France. The Committee are of opinion tlialUoe-
gre«* oughl «o avoid any re*orl lo war. or lo
vvliicb may lead to il. himI rather wait lo see there*
suit of the ®xe«lion* which the French King '» '"V
doubted y making lo carry tne Treaty into lull r *
The rommiHeo agree in opinion with tlw Pra.iJ*"'.
«mj them Print
1769. il i* a®id
By nrocl.inidiuju uf the King ill ilsface. I o »w spnsk of the Goiurnmeiit
H e do further declare il lo l»e our creature of lire 8n»l«*—I do noi now sm-ak
•vu(e<M«<d'tlM f.et! If r-harga. wrwHglitei.uviciion, 1 Stai.a. nn.l il.arol'orv th- figl.i <'f tieurtriu ia gm.ii.... ihi«. I limy ilillur will, im frh’nda. I in,f. adn.il ll.„ ' ,h * , ’ ,v ‘ ,l I, ‘ , ‘ " r ® c "“ e “ '"""‘K I Tin. Kepnrl aela mil with )!tpr««<iiig die «.iii.« cun- The enn.milieo agree in opinion with ihe Pre*' •
tkm tv»n virtue wiUK.nl a abield, a» I iiiuorenen .... , agai.i.l li an Iv Nuw |e| ... aen win.. (iMVerh.iie.il id'll.u (Ji.il. d Slolea ia, in iu fan- ! wHhmil Jl.e rent . nl ll... remedy—.....I ihe«e memo r.irrem o id' opinio., uf the (,'i.i....iill«n with tl.e Pruai- lh»i *« e.niin, nmv go hehind the 1 reaty ; mo
' ‘ " - H right* r.hgluiid had and eve.'em d,... ..guin.i Ihe /*/.- lurea niali..» M | || Iwur. amp of imli.malily u|N.n \ •* “'ere be iimie other, wherviu ea. li Male de.,1 a, In llm jii.lie.. uf Ihe claima for the payment of uae.lion »f ill.; (act ol wrong au.l Mm amoonl "l '
■ -- ■ ..... n in fuel, a. a | ‘'"W J 111 '* 1 ' ' u> .*•••(■ nl llie i.drn.’lmii—|I|« mode anil wlni'lilm. Irei.ly between Ihe United Sluleaund f renoe den. idly innat he conaidered aa viuard hy ll. • 1 ..
■ak t.f ilia ni- n.eaa.ire of redreae—aloe mcl. tllale a»grievo.l n..»l j make, prm.-ion They ii id (heir origin ill llagrenl all other purpnaei, llie ci.nnuiUa« *ay, tnedian ia ai
which III. fhM luelf. die bull.., pna.iva, aoulluaa vicluii uf a I viola,inn, el' tl.e law or and of nur neutral open lo ..egoltalio... The in.aapprahonaioiie on
1 ‘‘ ‘ I right, for which Ihe pretence ulln.ed ul llie HUM el- aiibjoel of ihi* Irra.y and ihe elataS or Um umj"
- lorded .... jintiAcnliiui. At llie peiio.l of lho.a aggrae; rtialea. which appear In bam eaoled m
rii»w~iimTiving no* snvcn igu sinus, the Goveriimcul uf Ik® United f*ti»t«»s would ( handier*, ami presenied insrir legisl div®
ll lung Io do Will lime I Indy iu.<i.ied had appealed marina Ihe I’reiUy. may Iw removed l.y ..ap 1»••••'••• ••-• “
All >in h ipie>|ions le lieepi r in vm hi .de nur "iHrugcd light*; i.ml it ws*u hot w imli the I n»tcd H'ates slionhl Imi ready «' . ij y » |rt |fl
rojsl will and pleasure, for the present to reserve tilt* I'lfe ofthe coilipucl Iwlweeti the H|nte«,
VMMU
|ie*fil' »- devpotisiu
The triilh is sir. that iIih Supreme ('onrl h*s no ju
w*4 ®f th«« source* r»f On* rivtra which fall iuiu fkit nagsu'ieiil of ns fwreign afTHirs, it is natiousl. In it* ' ri«l»« , t»‘»“ cuiitrmersnm invo ving the Mivmngu : sinus, the
Yon see, sir, 1 power In coll®' t lb® revciiu* of ike eouuiri, is found rigku of ike parties
lil’it® pf(M»f of t*s ituli.uinli'i. '|'lie«e law* eel up *’ '
der om gurrreiynly, pr®t**cii(»n and rknuiuion. f r (lie rise lo tliM government. Tk® guv®»nin«ut ill ils nr
us® of the lodiNtis, all lit® Uuds and ferrilun®# lying nml operaiuii, is uttiuiial to ®om® esb jt. I t die mu*
(toll* uf pull.ll (t p'lW es. All >111 It ipi
_ JHV— - v . P P m I H iIimu III® Uoiirl—IlMsy begin bufore il. —
UMrt tl»® Lutrni aam 1mn4 Im piasansd, hy a sa* moiling In bar, m*y chom #od sunn ignly. pro- cuiifedsmUou. nton®) "•* rsi*ed *»v rojitoHmns upon ' «# Cnurli ®IMl God ®Iim|| ord«r. Buck colttiuviusics
p ^ ipi® . „.„.jppps ............ w ..... . . ..... . . . . f ept r iu vin neat® nur omrigvii 1 , . . *•••;- it iJ roltllv bold
ImnmmI® •! tlm ***Mi of on* etnnmou country. \V® | cIsimm d and e*< t . M nl by Vnglund ; and GM»rgi® sin • on d»® iien'id® ®nd not upon ih® Kiatr> Under die di«n tlm 4‘otirl—tlory begin tnilore if, and nnut end- knowu to ihoa® who war® «muersaiil Willi lha history in m ike We iui,'di{ indeed pronu v m»i , ur
1 — ... . ■ 0 f Ihai lha riq.adiancy »»f such a maas.i.e up ike treaty in our hand*, and say lo t ranee, ior