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At the commeucetaent of the present Ses- J
Sion; and has been referred in the com
notice ou Indian Affair.--.. of which he was
a member, and therefore he felt himself
justified ia saying, that Committee is ami
has been assiduou mMaboraml industry,!
in endeavouring to perform the itripnr ant
duties confided to its charge, H< there-!
fore, rogret'ed, that any portion of the
Delegation from Georgia, or any other
m tnber of the House should subject
tl mselve- to the imputation of stilling the
most full, free, and ample investigation
u>n this subject, in all its vmiuus bear
ing*.
As regards the paper which has given
rise to this discuss.on, Ins views coinci
ded with the g-.ntleman from Soutn ('. r
oh 1.1, (Col I) ayton,) arid that of Ins
C.d'eagues, Ha consid-red tilts ofli< lous !
ad'd .he petitioner's. [to speik in the
nnl t st terms of it.] as an impertinent in
termedd e ng wiili other people-, concerns. 1
Urn. Sn said Mr L. 1 would most
gl d'.y hear, and carefully examine, nil
that can be said, by every individual in
the Union, who think with these meinori
isN lurludiog ill the tV Ilium Penns of \
t he whole land. I want the whoie suu
j fully a. id fairly before Congress.
*S I itn not vain in believing that the
conduct of Georgia, in relation to the In
dian?, in the prosecution ol her rights, wilt
not only b justified to th s House, but to
nine tenths oft lie people of this Union, if
we ran h tve an ample discussion upon the
#uhji* t, in all its bearings Instead of a
Ge> gi • question in relation to Indians, I
wish t ■ p-esrnl to the consideration of
thing'ess and the people of die Union, a
ay T ,n ji)< plan and policy m relation to
th Irdiii.'s which sdi li not only relieve
my own State, hut ev ry otiic State and
Territory in the ! ,Imou, of tli ir present
perplexities in relation to the lights of toe
State"—tne rigti's of the Indians, as wen
as the rights'of this Government, in reia
tion 10 ibis Indian subject. fhejurisdic
tion of all the conflicting paiiies must
be defined.
ATour Committee, upon this subject, arc
\Hi;.g their b**t-t ex rtionsto lay before you
all tic facts which they cun collect, con
neced with tin* subject, and winch are
calculated to t:d 10 arriving at a just de
cision [ the refme, do liope we shall
no* again sulf .r-curst Ives to he ex. iieu into
a prem itur discussion of tins sulij.-ct, ty
tho*e whose ignorance f he subject is
the - mnifest au*e of then- zeal ami for I
wardneas.
Mr. Spencer, of Saw York, said he
owed it to the gentleman from rfoutli Car
ol"*., (Mr. Drayton,) to explain tome
of h:s former hei vations. When he,
[Mi ] was hud said the
memorial was, m his opinion couched m
decorous language. He meant, it was
respectful towards that House, and ha bo
lieved hat was the question to be decided
there
Mr, S said, that so far from wishing
f<r discussion n this subject, he really
deplored it; and he appealed to the ge.i
tlemen from Georgia to bear him out in
the a-settion, that he had requested -of
them to let the memorial go t>> the Com
mittee without- opposition, and conso
quo itlv without a painful debate It was
a discussion which he had avoid* and as
much as was in his power, consistent with
his duly to vindicate the character f the
niemorialiits. ivhich hud been so unwar
rani.iblv aspersed. Ile said the gentleman
• from South Carolina, (Mi Drayton) had
read the clause* in the inemoiial, which
he round or* <1 ioddcor ou•. lie would a>k
if the rnemoi ialist*—he would a*k u any
ot the free citizen* of vbis Union, had not
the right to express their opinions upon
any subject of nalium.l importance to this
lloiui? Whether they are right or not,
said Mr, 8. in the opinions which they
advance, still they caoj.ot be debarred the
right *1 respectfully expressing those
opinions io their representatives. Mr S.
said th, ti<n had nut yet come for the in
quiry whelhei ihese memorialists weie
n ht m their seu'imenis. When the lime
does c''ine t said he, for that discussion, it
nwrs? be appr< a bed with awe. It is one
of great magnitude, and must involve the
tnuvt solemn considerations.
The only question now for us to decide
is whether the memorial is a respectful
o.ic m relation to this House/ and if it tvas
-not, lie had perhaps conti ibutod to mislead
the House, inasmuch, as he had express
ed a contrary opinion. Is it ; said Mr 8
fi.tdncorous for a portion of the people to
express ihe sentiments fietdy on any
t *i;bjecl they may think proper to bring
b.t'r<, us or which may already be be*
tor> us? 11 so, M, 8 said then aught be
.fouxe £ruuud jor the opposition to the re?
farence; otherwise no such ground emild !
ei 1,
In relation to the me* nor *1 u*elf, and
the condition of the Southern
Mr. S. said, there at leas', appeared some
! color for complaint, if it was trne, as sta
ted, that in the proceedings of judicial
irmunals, an Indian** oath was not allow
ed against a white man, whilst that of a
while man was valid against an Indian.
Mi, rs. c included by enforcing the fight
which he contended petitioners and me
morialists had tube heard upon that floor;
arm said when he had stated that the ine
mormi was not an indicorous one, he only
referred to its relation to tnat House.
Mr. Wayne said, he was in favor of
the proposition of the gentleman from
South Carolina, |_Mr, D.ayton] and fie
I shiu id vote with him on the present
question. He took this occasion to re
i turn his thanks to that gentle an, for the
| aand which lie had taken, in in .king his
; motion to lay the subject on the table, and
ne should have done so himself bad it not
mure properly devolved upon an older
member of that body. He hoped the
memorial might be rea l, that gentlemen
m ght judge for themselves, whether it
was cou lied 111 decorubs terms. lie;
therefore moved its rtudiig.
[The reading of the memorial at length J
uy tlie Clerk of tipi House, here took!
place. I
Mr. Wallary observed, thav he was not;
aw.ii e that didiculties could ensue upon
the suoject before them \ gre.o: number
of respectable citz.ns had meiner alized
Coiigit.fioii a .erj important subject;
and it nail been said, by the gentlemen
from Georgia, that it would be much bet
tet ts persons, instead of taking care of the
our-iues* of others, would attend 10 their
own affairs. But what, said he, are to bo
considered as our . (fairs, and what are the
iff>rs of tie* n.tlioi 2 Has nm the Presi
dent of the Uuitmi States innvsdf, recom
mended, m ina message, the subject to
th# consideration of the Committee on
Indian Affms? And why, therefore,
should object ion# be raised to the refer
ence of it to the Committee, by those who
laid claim to the cliai-icter of genuine Re
publicans; i\|r. dUll;tiy proceeded to
contend in favor of the ujemurraiisis to
admonish, if he might use the teim, the
membe. a of the N it-ooal Legislature, up
on tha iU‘ject of any public tneasui# tn
contemplation, and also to express then
opinion to what might be the probabie
coiK-equcuces ur results of their decision,
lie thought that the citizens of the United
tstaifc,, under such circumstances, had
ills right not only to their opinion,
but aleo to urge their arguments in sup
put tot such opiu.ons.
Mr- lhompaon cf Georgia, said he
ceitainiy did not rise with a view to pro
long the debate. On the contrary, it was
until extreme regret ho had seen *hat de
bate take the range which it had already
done. But he deemed it necessary to
make some remark", inasmuch as it seem
ed to be inferred that he had caused the
debate. ■ He said, in justification of his
former remarks, although ne was willing
to take the assertion of me gentleman
liom New York, .Mr. bpencer, as a piuol
of their respt ci^biiity, that he had, when
he read the ungenerous, illiberal and in
decorous language of the memorial, been
brought to the conviction, that it was the
result of a meeting in a grog shop. If
geatb men wou.d take the trouble to
! compare the lung ege and phraseology of
that memorial with the (rash which had
appeared on the subject in the National
intelligencer under the signature of Wj|.
j ham Penn, and which had been actively
circulated throughout the Union, they
! would find that the writers of the memo
i riai had saved themselves much labor by
i taking Inc substance, and indeed almost
; the very words ot those essays. Hut an
other subject might be tecalled to the at
tention ut the gentleman from the north;
(Mr. Mallary,) and that was, what had be
come, of the six nations. Where were
the Ft quods, the Mohawks, the Narra
gansets, and the numerous other tribes of
the red race, whi h had been swept from
the lauds ut their birth? When such facts
*dnred ihe. world in Us face, the maxim of
“Physician heal thyself ’* tould not be.
iu ihe present instance, ill-applied. He
depreciated the idea, in conclusion, that
his inteuiion in rising had been either to
create, or m any measure to prolong adis
cussion on the subject before them; on
the contrary, he conceived it to be prema
ture, and sincerely deplored that it should
have occupied so much of the time of the
house.
Mi Storrs, of New York, said, that, of!
course it mu6t be concecevi that there was!
nothing in the Subject matter of the ra6 |
mortal 1 taelf whieffebu <1 uj „ny possible ,
construction, be deemed intpropei; and
therefore, the only question for their con
sideration was, whether the language in
which it was framed was decorous and
respectful towards the House. Upon this
it might, perhaps, be necessary to ob
serve that there was so essential differ
ence between language as applied to the
House itself, and as applied to objects or
matters exempt from its jurisdiction and
independent of its control. Alter some
further observations, Mr. S. asked, if
gentlemen on that floor would hesitate to
receive or to pay attention to charges
against the Executive, of high crimes and
misdemeanors; or against the Judges
of the Supreme court for a violation
of their duty? It such charges were, by
any chance, to be preferred, wou-d the
members of that House be bold enough
to repudiate them without due investiga
tion? ihe question before them was of u
very different nature from that which ap
peared to be imagined. It was not u pe
tition f onu group of humble subjects to
his most sacred Majesty, but it was the
petition of the free citizens of a free Re
; public to then representatives. They
1 say that upon particular matters of pub
[lie policy, they hold certain opinions;
| and they express those opinions to us.
j What is to be our reply? Are we to re
ject their petitions? Are we to close our
ears to their arguments because those of
whom they may complain may be very
naturally annoyed by their complaints?
With regard to the indecorous and tli-- 1
respectful language alledgcd to be us. and in I
the memorial, that argument against the!
reception of it might be considered valid,
had the memorial in questiou been pre
sented to the Legislature of Georgia,
upon the acts of which it so strenuously
animadverted; but he [Mr. Storrs] saw
that with reaped to the Congress of the 1
United Stale* it could not possibly be con-1
sidled disrespectful, inasmuch as it did
not *ppjy to thinn. He did not wish toj
see hat might he called a violation of i
the sacred right of petition, winch it could
be said witn propriety, was one of the
anchors of our liberties; and with snch an
oojeot in his vi#ws, and actuated by such
feelings, he coohl not but express his
opinion that the Mouse lud moral or
constitutional right to reject the memo
rial, or to ivju&e to send it to the
Committee proposed.
Mr. Foster said it was litlle matter
now much gentlemen may deplore the a
gilation and discussion <f this question.
i h y had got into it, nud u was impossible
for them to reireat. They might as well
encounter it first as last. We have
heard much, said Mr. F. on the constitu
tional impossibility ot refusing to listen to
this memorial, or rather argument, ior he
was n favor of calling things by their
right names. Gentlemen were mistaken
in the name which had been given to the
instrument before them; but the gentle
man from Vermont, [Mr. Mallary,] has
explained the whole matter. The paper
is sent here, not only as a petition or
memorial, but as an irgument in opposi
tion to the views expressed by the Presi
dent, on this subject, in his last message
to the House, tor his own part, Mr, F.
said, he, in common with others, had full
confidence in the committee on Indian
Adairs, and he did not oppose its refer
eoce of the subject to them; but he was
desirous ot stripping it of its fictitious
character. The many delicate terms
made use of in the paper, in relation to
... fjeorgia, and its policy, were
sufficient indications of the motives which
prompted it, Jt had become fashionable,
he said, to lavish abuse upon Georgia and
its policy, bmh ii the newspapers and in
popular assemblies, and she was now con
sidered as fair game—a fair mark for all
the shafts of ribaldry; but he could say
ot that State, in the language of a distin
guished individual on another occasion,
the policy of Georgia would stand the
scrutiny of talents and of time.
Ihe paper referred especially to the
conduct ot Georgia; the conduct of the
sovereign State oi Georgia, she was glad
to see that teim had become more fashion
able lately than it was two or three years
ago,j m her internal relations—and
| contains threats of the vengance of Heaven
against her. Mr. F. said, if it was desir
able that the sentiments contained in this
document should come before this House,
the gentlemen who advocated it could
express them there without referring them |
to the Committee. He said the weakest
member fiom New York could enforce
jth- se segments as strongly as they
iwere seUorth tu the document in question, j
| Mr. F. here referred to.the condition t*
; which other States stood unon thU s,, “
jeet; and said, if this sort of i
was proper in relatiou to one state, ?( u ,
equally applicable to others li.j’t
said he, would be thought of the ciiiv>ei I
of Georgia, should ihey call Uj , o n V ,
York to make restitution to ih<- | n ,]j \
tribes who once resided within her torri!
ry. The doctrine would be cons'iUm*. 7
as monstrous—but now. said Mr. F. t;,. -
the memorialists reside in th.? givat oou 4
mercial emporium, they are entitled ,
all deferential consideration* and r,
matter of surprise that their right to iJ
terfere in the matter is questumed. \f‘
F concluded by repeating his
from opinion-* expressed 111 that H..use U u.
the subject of the-itieinorial.
Mr. Cambrelliog and Mr. Archer mad
a few remarks, when
Mr. McDuffie said, that il he discus
sion upon the matter weie further p.u
longed, he should feel it his duty to unw.
that the presentation of petitions on u,. :
part of the States which had not yelbcc.
called over by the Speaker, be defer,v,j
until Monday next He saw no pr spo,.,
of utility from a continuation of the Uie.
bate in the present stage of the atfi . (i ,-
and he should therefore move the prev.-
ou- question.
I be motion wa? carried and th-> rnhi
question recurred, as to referring tuj
memorial to the Committee on iirdia j
Affairs.
Upon this, Mr. Reed asked fur the
yeas and nays; but the call was not <.•
tamed, and the question was, upon a di
vision carried in the affirmative.
So the memorial was ordered to be
refeired to the committee on I.idiaj-
Affairs.
v-a b i,M-rr.~
IVJiU&RjrruJY. 30. IB3tf.
CONGRESS.
Accounts from \\ ashing on ii.dicafa
a prospect of a stormy and pruuvu ....
ed session of Congress. L U s prciiv
Apparent that Hie opposition to u.> „o
hjinistration will make ihetr grand „•>
tack on the Indian questi n,
is already some plo-tiug nd
plotting for the Presidency, after G.-m
Jackson siinil retire from it. Tim
Banner of tho Constitution, tho
Ilaguet paper, is said to he C.d.ina-.
and some of the kn avmg ones a:.y mo
Nat. Intelligoncci’ is o„ing round nv
Van Boren. Th; frii sf the B
of the U. Sta-es are < u tlrrstnu u .t
the denunciation ot that nisi iruii u .„
The Tariff and Indianq iesHons a;}
those most deeply affecting L .J
vital interest of ‘Georgia. As
the repeal of the Tariff of IS2B, el
even its modification, by the snb.'mi,,
tion of that of 1824, no favorabie cal*
dilation can reasonably be madt * o,i
the Indian question, G-or.-n
cause of gratulatiun that tim admin -s*
tration will he her ally, and that be/
own moderation has been such as io
draw from th* Pi esid’ ut expcession *
of great satisfaction—and though V.i*
battle will be hot, her cause will ~j.
uinph over the craft, cant and si;*:.-
politic! jugglers and misguided en
thusiasts. A faint idea may be f on;i .
ed of the excitement this question ifiJ
calculated to produce, from r (
debate on the question „f
ing the N. York memorial to the Com
mittee on Indian Affairs, whic h we
insert, to the exclusion of other rn,./
ter prepared for this paper. Our wh.de
representation ii Congress were
found at their post, in the faithful and
zealous discharge of their duty to
their Constituents,* and those who may
not have taken so active a part in U 4os
debate, were, beyond a doubt, actuat
ed from a sincere desire (hat'the ex
citement, on that occasion, should h„r
be heightened to the injury of thj
cause of Georgia, o t * the debate unne .
cessarily protracted. y
On the subject of amendment of tho
Constitution, in rrgnrd to aJtciin - the
mode of electing the PicsiiU,i" am f
Vice President, and -interiirl 1,,,-
provement, ai.d distribution of li o
surplus revenue, it is said the Com *
raitteo will report as the Imsis of tic
former that earl, Suto he divid e
into as many distrii tg as it has S,*,. 4
tors • aud pnsentatives, and .