The constitutionalist. (Augusta, Ga.) 1823-1832, April 06, 1832, Image 2

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r y>va*c\\ ol ,Mr. CVu^Vmx. i >r GK.onci k, f ! fha ffowr of //eprrsenlettiv a on the New-l'nrk Mann ml praying the In terposition of Gongress between Ihe Slate 'i f Georgia and the (Jherokce Indiana. Mi . Spp.arf.r i I In; calm, imiil, and err 1 lightened course of the gentleman last up, admonishes me to equal moderation of tent I per, and, Sir, it is in my power to give tin ;j proof of it to this Hoove. The House is;, greatly deceived as to tlie Indian affairs in Georgia ; and it ahull he my present busi j Hi's* to supply them with better ii f rotation}, on that subject. When I came into thel l Ilou»e this morning, I know not what going on, and certainly little dreamed of such a memorial as the on* on your table. , H it, hearing the nan e of Georgia and the L Indiana, and recollecting her late insult in { rel.iti n to th hitler, I was instantly alivep to the rights of the former. I found, upon!| a close examination into the matter, that it i was a memorial from fJew-Ymk, preseri'ed by a geitbtntn (torn Massachusetts, not j| one of the best friends of Georgia, and that it was not to tak". (I e usual course of other petitions, hu' was sought to be referred to a 1 select emmi lee, which, according to the custom of the House, is always fivorable to the measure referred ; end bearing s'rnngly in mind die decision of the Supreme Court, 1 I believed twas a systematic arrangement to f ice Georgii into terms ; and believing this, I confess my feelings were fixed to ai' vety high degree of excitement ; and, aI - J tin.ugh I did no'pretend to place any re-! strant upon the l*guage which they seem e l to prompt, yet no one can accuse me of ninlico afore-thought. I will retract no thing, but will say I mu a person of an ar dent temperament, accustomed to think what I please on political subjects, and n | spt'. k "hut I think, never meaning to off‘r; disrespect ,to any individual unless Ibe i lieve it has been first offered to me or to the Slate I represent. I further believe if was my duty to inform this House, can didlv, what Georgia would do in reference to this matter, and to warn (hem of (he con sequences ; and (bis I was the more in dined to do under the firm conviction that they might by ted into error, if (he feelings of Georgia were not truly represented to them on this, the most j >»lous question tha' can possibly arise between the two gov ero men's. 1 know, if Georgia Were pre sent, she would have used the language 11 did ; and I could perceive no tenson, in bet absence, why her representative should not do so too. i meant no threats, as has been insinuated; I hi »e to ■» much retnert for this House to use such language, and cer I tainly too great a r-ga'd tor my own char ] actor to employ stub a foih’e weapon Threats mean nulling; and I hive lot g be lleved 'nulling moic is intended whet over they are used. It i« not the mode of war fare of my State ; and of this the General Governnn m has had more than one proof I solely intended to utter the voice of warn ing, of caution, of prudence, and to convey tins meaning, 'hat without these, the sub jeer before the H use might lead to the must disastrous cot.s-queuces. Ours is not a homugeiiious govern men*, hut c> mp yed of independent sovereign Stales ; these States] are not colonies or dependencies, that can be forced into measures by the sword ; no' part of such a principle has ever entered in- 1 to the compact which binds them together; end it is a fatal delusion of the General Government to predicate any measure upon such a monstrous idea. I claimed (or my wlf that freedom id debate which is not even! denied to a iminbet if the British Parlia ment, modi less to one in this House, the boast of every tongue, and said to be tin freest assembly in the world ! 1 meant to convey a similar lesson to that which a friend of the colonies, before (he revolution, 1 communicated to Parliament on the subj-ct of our dispute with the mother country. Me told them that we were wronged, that we were oppressed, that wc were a brave and generous people, hit the Government ought to pause before it further increased our dis contents, that we had as much as we could bear, and that resistance would be the in evitable consequence. These were no threat; it was the language ol truth At that very time, a member rose and told the PirliamenV they had nothing to fe u-, the colonies dare! not resist, and if they did, he could take s single regiment," march through Americg,) si.il crush the rebels to subjection !” Phis • title gentleman, no other than General H trgoyne, afterwards endeavored to fulfill his prediction, not with one, but with man ? regiments, and (lie success was every wav worthy of the foolish attempt ; lor he was captured ami made prisoner of war In fire he had penetrated fifty miles into the first colony ! The honorable, gentleman from Massachusetts, who has last spoken, knows that one of his own towns, the memorable city of Button, is called the cradle of the • evolution, and which to this day is its proud est bout. He will well recollect what a lit tle cause set iff the revolution, ft was the U ifii g circumstance of a snow balling be tween some of the inhabitants of Boston and the Bri'isb soldiery who had been s nt there id over-awe them ! To a people highly ex iled by reason <■( the b diet that they arc oppressed and insulted, and where (hat seti is. o* injury is wrougit up to a piled be-' )oei. which hey can bear no more, thr, •in Its' circumstance ki .die* these accutnu ' V"'" 1 ' *' u ' "mothered resentments into a 1 • me, 1 ci. ii ?rq nonces of which no human Ii can avoid, wa should learn wig- i |dom from experience. There, is a tlceep’ion- t ed voice i f complaint already in (lie sou'll,! on account of other grievances, ft is ns much ns our most sage and enlightened I 'men can do to restrain the peopT ; and it' has been done only to await the delil/era-!' (tiotia of this Corivrcis, ui dor in anxious i (hope, th it all their injuries will he reduced. They, t no, have remonstrated from time to, time , they have warned you i.f the cohse-,’ q truce* id ; existing in a course which must 1 inevitably lead to separation. Now, follow op these sore executions on a whole country |by arerkless act of aggression, upon one < f jthe cluster of the*"' States, thus insulted and Inhused, and the veriest greet) horn of a po litician must perceive that every thing bat [peace and harmony will result. j j I confidently believe that Georgia will not submit to the decision ol the Supreme Court, i [much levs an interference by this If use, into!; jher private and sole concerns, and believing!' Ithis as one of her llepresentativcs, I ought to I [have boldnesr. enough to declare it. I, there- I [fore, take this responsibility, and if I have uiisrep! esen'ed the peoj le of Geotgia, as has ' been r .undly intimated, they can turn me 1 1 "ut. The dread of displeasing constituents, 1 ' wo"n in the discharge of duly anil the exer- ,' jcise o( my best judgment, enters into nopartji of my rule of action. I deliberately repeat,, my constituents will resist, and I will now give the reasons for believing it, and they 1 ,w.'l account not only for the great senji- j jtivenrssul Georgia on this subject, but fully justify, 1 (rust, the feeling manifested by.l hue, when I spoke before. In the year, ! ithin k it was 1811, two men were travelling through the Cherokee nation from Georgia to Tennessee, fur the great thoroughfare 1 from 'he South to the Wes', passes through I that country. They had guns, and passing I by the house of u white man, who resided in I the nation, were assailed by a dog who flew 1 jout up in them, perhaps with considerable I violence. One of them immediately turned 1 [and shot him, H s owner cam- 1 to the dour of h’.s cabin, and ask' d why they had thus treated him. A reply was made, connected!' with 'ii »a<h, that if he did not mind his busi ness, they would treat him as they did the deg. Tins. ,>t course, led to a quarrel, a r d he man w-is accordingly shot dead in his own door, and in the bosom of his family. Os cooi so, such an outrageous murder crc ' steel great indignation, and these men were apprehended, and brought before the author) 'y n( Georgia. Being a case ol deep inter est, and happening under somewhat novel circumstances, its inves’igation was had be fore one of the ablest Judges es Geotgia, I pledge myself to the Housi for the truth of every thing I shall state in relation to this' matter, for every thing I shall s ate come-. 1 1 under my own knowledge. Inconsequence " [of a provision io the Constitution of Georgia,! 'hat all criminal cases shall berried in the county where the offence is committed, these' men could not be tried fur the crime thus horribly perpetrated, because the laws of ' Geoigia had not been extended over the na- ' 'ion, and it was not organized in a mannet i to give (he courts jurisdiction of the offence. ' But (he examining court, hoping there might i be some law of the United States, which w 'uld authorize the circuit court to takeeg niz tnce of the case, committed the indtvidu jals to stand their trial at the approaching I'erm i f that court, in the city ol Savannah. But when the court arrived, it was found, upon examination, that no law ol the Gcnc- ( r 'l G 'vernment vested any jurisdiction of such eaten in the Federal Court, and it was further believed, none could be by any sub sequent law; for, upon scrutinizing the F. .leral Conati'utinn, it will readily appear, 'that Congress can pm no laws for the pun ishment of crimes, committed within the lirnt's of Stales, but such aa relate to piracy, j forgery of the coin, and public securities, : and, in fine, such as arc directly connec'ed with the Ai knowledge*! powers of the Gov- i ernnvnt, expressed in the Constitution. I I hese murderers were consequently dis- I charged, and thus went unpunished, one of the most flagrant outrages that cun be com- t milled against society. The public atten- 1 (ion was, of course, awakened to an inquiry ' into the proper remedy for fu'uro and simi- t lar transgressions, and the ensuing Legisla- t lure passed a law, attaching the Cherokee | nation to an organized county of the State, and extended its criminal laws over the same ! so far as white men were concerned. Under ’that law, anil one subsequently passed, di- i vtding the nation into smaller parts, and connecting them, for greater convenience, v-’ith the counties adjoining the territory, has the criminal laws ot Geotgia been adminis tereif for the last fifteen years; and to my certain' knowledge, white men have under gone h’l ihe different punishments attached 1 10 different ctintes, from fine and imprison ment up to the severest penalties. At this vety moment, there are two white men, citi-l ■/.'■ns of Georgia", suffering the punishment ot penitentiary confinement for stealing horses ■ ( trom the Indians. Yes. Sir. I will take upJ : on tovsell to say, that (his very people, whose treatment seems to excite so much sympathy abroad, and has produced such ranting hv poet itieal complaint among a certain sort of whining intermeddlers, have been treated with as much justice and humanity as in anv other part of the United States, and a great deal more, than in that quar'er from whence 1 comes (he most noisy muttering. No one •ms been a greater friend to Indian rights 'than myself, ami no me ha* suffered m in j '» account of it, for I have been sacrificed 'n cons quence of it. 1 always maintained 'hat most obvious of all distinc ions, & which the Supreme Court ought to have seen, Mu difference between the rights ol property nltd the lights ,u government, A (rest* [right to land uuo belter than a tee simple ' titles to ! and, and an Indian, under the first, has no more right to self-government, than 'a citizen ondei the Inst, all being wi hin the 'samejurisdictional li ni ». and under the Sovereign power of the S ale. This questian is not understood, or it ,would not en.ite any concern whatever, and oven that which now exists will cetseaftera certain great election uover. The jurisdic tion of this teiritory is all important to the State o( Georgia. She.cejti never give it up without, al (fit same time, passing under the yoke of ,# horde ol savages, Can, 01 due i any ooe expect ♦ hi- ? Mr. Speaker, not 'more than two jears ago, a citizen of Geor gia, living in the settled parts of the Suite, went into the nation, tor there is a constant intercourse between them and lire whites, and there hired a horse, from an Indian to go to a certain place, at which, when arrived, he found it was neces<ary to go a lew miles further; for this act he was taken up, charged with horse stealing, tried in the woods, ac* cording, as it was said, to the Indian laws. In vain the nun plead his innocence—in Vain he asked for a postponement of the tri al until he could have his friends and wit nesses around him. Deaf to his expostula tions, he was gpeedily convicted, without knowing one word that was raid, and son jtenced ~ be punished immediately with fif |ty lashes, to be laid on by five executioners. In a few moments he was bound, stripped, and suspended between the heavens and the earth, and, in the most cruel manner, was the scourge applied* Towards the close of the torture, he reclined his head upon his shoulder, and, in the most touching accents, b-ggivd to have the last ten lash-s remitted, he in vain; they were most inhumanly in llut'ed, H • fainted under the operation, and was taken Iron the trie as lifeless as the very coids that bound his wists, and which had forced thr blood from his finger ends. This; Si', is the coudi ion to which the good propir ol Georgia are to be subjected by jdecl.triog thin nation an independent gov- I rum nt. And j;i it possible she has no mud** of proiec ing herself against enormi ties fiki* 'hose ? Does the good people of lifiso United .States ask ot Georgia to bear this ? Have they no m re Gehrig for a sister State ? Do they regard the condition ot savages with more sympathy than that of their own biethieo ? I) ■ they believe that the Indians are better qualified to govern Georgia, than Georgia is to govern the Indians f Impossible ! And nothing but a want ol proper information, and the great facility with which an unthinking communi ty can lie played upon, by designing men, could have produced such an a ended de lusion. 1 Sir, with the presen* feeling and temper of the Indians; gainst Georgia, if they think they arc to tn* protected by the general go vernment, ami permitted to exercise tbe rights of government, not a Georgian is safe. Our citizens, when cither forced or enticed into the nation, which can be easily done from the nature of the line that separates us, as well as from the travelling which is ob liged to be done through that nation to the western States, will be liable to every out rage which a revengeful people may choose to commit. 1 hey will be lashed cropped, and shut, the usual punishment of these people. U will become a den ot thieves sod the people will ba plundered, and nibbed, & massacred, without the possibilty of pre vention, unles i fii ed with an ungovernable sense of injury, they fall upon them and de stroy the whole uaiion. And this will cer tainly be done if the right to govern, that country is wrested from the State. Can any one believe that Georgia is prepared to sur render up her citizens to the -wanton fury ot a relentless «et of savages? I have given you an instance of their cruelty. What will be the feelings of our people, if they should he compelled to witness smiiar acts of bar barity ? Remember the case of Verresa fee ■ hink you not that the citizens of Georgia arc as chare to her as w as a Roman citizen, to his boasted country? Sir, the people of Georgia cannot submit to be scourged by savages,—Union can not be desired under such terms, and dependupon it'they w ill give it up a thousand times over ra'her than to relit quish tne protection of their own laws. I do not wish to deceive this House, and consequently have spoken freely. Can dor is always bust. Gentlemen hive said they will not believe that Georgia will disobey the decree of the Supreme Court. Let me assure them thev are hugging a delusion. Have they been indifferent to the passing events connected w ith this question? Without referring them to what occurred on a former occasion, when this same attempt was made tn deprive Georgia of her jurisdiction over this terri t'iry, I would barely remind them of what has recently happened in the very case un der debate. Has Georgia attended the summons of the court What is to be afer red from that? Besides, Sir, let me inform gentlemen, that when this very summons eras served upon the Governor, he com municated the fact to the Legislature, con nected with a fi'm declaration that, by ev ery consideration of dutv, and by all the 1 means placed in his power, he would repel t >e invasions ot the State’s sovereign rights. Ihe Legislature responded, in a lan guage equally firm, that they would support ,l,m a l uvery hazird, fe the people from one end of the State to the other, ami with an undivi ed v ice, have proclaimed to the Le g sU ure theiy are ready to seal that pledge wu h their lives. On this question there Is no division of opinion in Georgia, and r gentlemen err exhorted to dismiss from then ;; estimate all calculation of success founded , upon the usual distractions of party spirit. i( Mr, y peakeb, there is one cunsid ration ? connected »uh this subject, that makes it -'almost intoler b'e, but which 1 <>m Iree to say, adds such energy to the justice of oui t cause, th at it- will of itself sustain us in any of defiance wc may choose to pursue \ VVhat other .-Mate has been thus treated ? - At d what other State has not had Indians • within their limits ? Where is there unv -pother independent tiibe of Indiana in Ante rjricu ? And hew many States sre there i'now in this very Union, situated precisely (dike Georgia, where such a pretension has -'never yet dared tn raise i’s front? My G id! , is it possible, that the people of this country t are so lost to principle and reason as to be ~I ve that Georgia ought to fold her arms in i submission ? Whenever that day shall conie, , in which the attempt will be made to force i her to such a result, it will bring along with I it the saddest consequences to this Union that can possibly betel! it. . | The right to petition, I deny no man; I i wish to abridge no one of this privilege. Gentlemen say, because this memorial is - respectful, we are bound to listen to it, and - luiy consider its prayer. Is no attention [paid to the subject matter of petition? Will - this House entertain jurisdiction ol every - matter petitioners may choose respectfully , to submit with regard to what they ask? , Suppose these pious memorialists, in the • abundance of their great benevolence, had » chosen respectfully to ask this Congress to f strike Georgia from the roll of States, for i imprisoning these missionaries, would this , House ha ve considered such petition? Now, , although the memorial on your table dots ■ 'not present a sut'j**et, to the same extent, as I absurd as the one I have suggested; yet if is ■ submits a matter, with which this House has i nothing to do, it should equally merit its . dicide l rejection Is Congiess to become 1 a council of inquisition to examine *o the i conduct, of the S a'es-P Are they to bi at . riiignt-i! ami brougl t b fore 'his body when > ever a few restless and i fficious men may . choose to petition Congress to that effect ? f The supervision of their laws was attempted rai ' he (urination of (he Federal Consti'ulion, i to be conferred on the General Government, i but was promptly rejected; it will be ex f ceedmgty strange, among the constant and t frequent acquisitions of power by this gov -1 eminent, it this tight shall be. taken merely 2 by the force of respectful petitions ! *l, conclusion, Sir, I would again adrnon* 1 ish gentlemen to tike care what thev do. Ihe South is upon the very verge of explo • sinn, one false step now, ami the integrity ol the Union is gone for ever, f t Boston. March 27. THE POST-OFFICE ROBBERY. A lad about 14-years of ags, was jester • day morning brought before his Honor 1 Judge Davis, on tiie charge of having pur 5 joined from the Post-Office a letter contain* • ing bills to the amount <-f £7OO. No exam ’linations was had, the plea of not guilty : which had previously been entered by the ' boy’s-counsel (Mr. , Cooke) having been J withdrawn, and that of guilty substituted in • i's place. Judge Davis remarked that the - authority to sentence ’the prisoner: on the 1 lat'er plea, was not vested in him. and he > therefore ordered him to recognize in the " sum of £BOO for his appearance at the next 5 term of the Circuit Cuurt in May next,,. J The Postmaster having on Saturday of ’ fared a reward of one bundled dollars f.n the discovery of 'he person who passed the f one hundred dollar bill at th*- Columbian I Bank, a buy named Katon, who has the care ‘ of the office of J. P Cooke, Esq called at I the Post Office, declared that he was the I person who presented the bill, and (hat he 1 had found it in the rear of Joy’s Buildings. ’ It was subsequently ascertained 'hit the ‘ other one hundred dollar bill, which had 1 been exchanged at a broker’s office before J the loss of the money was known, was presented by a boy who resembled the lad j. now charged with the theft, who was known jj to have been in the Post Office on the eve ' ning of the 16th. when the letter wig de ( posited in the office. This led to an ex ' ami nation which disclosed the fads, that • he had taken he letter, that he did not sup pose it contained more than a few dollars, , and that in (he confusion of the moment, ' he took out only one bill, which proved to boa bill ot one hundred dollars, and that he threw away the other bills with ‘.he | le ter. , The offier one hundred dollar bill was aftei wards found by Eaton as stated by e him, and fortunately, yesterday morning, .The other bill of five hundred dollars t was found with the pieces of Tne lettei which contained it, near the place where it e was thrown away on the night on which it . was taken. iv; [_l)aily Advertiser, «: ■( Substitute for Paper for Covering fFalls. ■ —There is now getting into use. as a sub s'itue for paper fur covering the w"lls f v dwelling-houses, a sort of doth made of I cotton wool, pressed bv means of calender • into a flat sh"et resembling in, colour Pt ap pen ranee a «bee‘ of demy paper, and print tcdin a variety of sui abfe patterns. It i« e very stout, anti seems in every way qualifi a rd to supersede paper en'ire'y, as it cart be - produced much cheaper. We utiderstatui c j that there arc very large orders for thissorl sos cloth. , . n ■ • I uVetncluster Herald, ■ OOMMUmOVTKa 1 _ TWO WAYS : t 1 have often heard used the expression u " (here are no two ways in U.” | like it in , Bt'ine respects, but it dwes no hold good in all tin - g* —for as there are commonly in. re ways tnan one to murke'.- So there are "< p arrive at facts ; as will appesr t»v the fnl ? lowing short tale, buttoimd on (ruth. Z ch Dill, some time since removed fnm a village, not more than fout or five thou , «arnl miles from London. Alter he had gone, some ts his old neighbors missed , some of tluir pig* nr shoats, and as Zich i hail cartetl off his hogs —for he had hogs ' that were bona fide his own—(hey began to suspect that horn accident tr otherwise tl.« , aforesaid missing pigs might have found _ their way into Z mil’s cart ; but as they hit.l , 00! taken a peep into the cart before its de , parture (and it is strange that Jonathan , Cheese, a man " from down cast” did no') they could not -ay positively (hat the [tigs I had gone that way. Now (he village of which I am speaking . •* like most villages in one respect, that is. I it has sides, ends and corners—but it seemv , 'hat but few of (he villagers had turned I I heir attention to pig sties, except those r living at (he west end, whore Z'ich had re i sided. Z ich when leaving, had to pass a p shop near the centre of the village, where , he stopped to take leave of his old friends I and buy a pint of rum ; a part of which he , g ot 'he shop keeper to sweeten with bro vn jsugar lor Sally and the children. In the . mean time the tenants of one of the Car's ac ed the whole hog, or, if you prefer adif ’ loccnt phraseology, Went the entire Swine* , So that many were attracted to the Cart— , f° r l ,e P )’ s curiosity is great in these days, , even in little matters.— How it was in old , t,,nis 1 won* pietend to say. Jonathan . Cheese, ever on the alert, learning these . facts resolved to find out what sort of pigs were in toe cert. And The nextdav meet ing Jimmey Cotton, one of 'he persons who , was about the cart at the time it stopped > for the rum, the following dialogue ensu. d: I Jonathan —How many persons raise hog* in this part of the village ? ’ Jimmey, —Nu one I believe except Jack ’ Barr. 1 I Jon. —What sort of lings has lie ? Jim- —i heard him say he had a sow and .. pig*, hut ! am not certain that 1 know them,, Jon. —Have you seen any hogs about ? Jim,— Ye*.—there is a large black spot' ‘ ted sow and pigs ihat I have frequently seen • about here, and have supposed they belong- ' ed to Jack Birr, as they are very fine, and ' f have heard him boast of his. J°n —Hiiiv many pigs has she f Jim. —Seven I think. Jon.—l suppose you have seen no others f Jim. —l have no recollection of acein"' any others. Jon,— No shoats without a sow. I sup pose ? ■ Jim. —No sir, none. Jon.— H-ave you seen anv carta passing • lately ? ‘ c r Jim —Yes, n great many. Jon.— What were they loaded with i Jim. I saw two pa*s to-doy. One vvae i loaded with corn and the other with fish. - Joh—None loaded with any thing else f s Jim.— Not to-day. * Jon.— Seen any lately—in a day or two—* t loatled with any thing else ? t Jhn —Y es. Billy Sima brought in a fine beef yesterday in a cart. Jon.—You recollect of no others t sup pose ? 1 i Jim, —l do not commonly interest my i self in these matters—let me see I now . remember that eld Z.ch Dill went, off the I other day and used two carts to remove hia , fami'y and pftVcts. . Jon —Was there any thing in the carts, except his wife and children, cooking uten . sils, bed'’ chairs, tables and other house [ bold matters? . Jim. Yes. In one end of the cart that » contained the pots, &c. there was a sow & | three pigs nr shoals. , Jon —Were they marked ? Jim —Yis. Jon, — D > y.ni recollect the mark ? Jim. —No, t did not observe it close!v ? i Jon. — What colour were they of? Jim —The Sow was white, as well as the , P'S" , Jon, —None «t any other colour? ,1 Jim. —No. 1' Jon—No red coloured Shoats among B them, I suppose ? Jim. —Nu Sir ! I told you thev were all R while; and how could there be a red one ? y J'mmey’s ire was new a little kindled, aril Jonathan for tw> reason* walked off—first, * because Jimmey was “no reck to stand eve , i y thing” a d secondly, because he had ex ( traced from him every thing he wished to , know, except where his pig was, of which it is not likely that Jimmey could have inform ed him. Jonathan had, however, been the means of arousing the suspicions of Alien Pope, who had also Inst a pig; and not long i. atiei Jouain.ui had departed, Aden came up„ -land when the ordinary salutations weie over, f this dialogue took place. ■ Jilltn —2 have Ist a fine black spotted s pig, Jimmey, th. ugh I am unwilling to be ■-jlieve iliat Zach Udl could have taken it, jet 'I will ask you it you skw such a One in his sjcait (he other day ? fir J understand you I were about his carts the day he went off. e, Jimmey —l'here was no such pig in hi* d|can. I saw a white sow and three whit* 't shoatS. iii a dav or two both pigs relurntd from an acorn hunt. ADAM BOTTOM.