Newspaper Page Text
winch w most committed, in order to se
cure the friendship ol the abolitionists; and
| wouid read a seuiaoce more, but it might
savor ot |»rty prclerenee. [Head, read .
from iiruiy voices] With the avowal !
|rave made, 1 wilt read;
.lay we trust has pa«s«d. that the
wlave-lm’der or the northern apologist and
xleteuder of slavery, cau be elev red to tin
Well place of power by the lrieii.lv ot the
Stave in Maine. to to iU -strate our lemarkv
by a iM.liciiiat Mr. Van Boren, we
think must ah ml »n bis -Southern isnn i
,deN ’and llewry C.ay, the eio*,oeii advo
<c.ite ot Sotilh Ainertean and Grecian lioei
ry, must emancipate tu- slaVi-v. lietore
xfillier Can receive the sutlrages ot lulelligeul
■aOuiitioaesis in tile Poler star Stale. ’
I Hari , iiiivrrupted oy Mr. Orates, who
inquired “wire!leer Mr. Colqoitt had not
r ~and in the Emancipator, that they would
unt support 11 irrisou ! ]
1 have doue so ; hut ! I'W« •**( made a
charge against Oenerii it riom. **d the
vindication »t him or A .u Kuren, 1 shall
leave to those who weartheir livery. \V itli
regard to puny preddectious niyselt, my
•purpose was to prove that this body ot
men is sufficiently strong to be eourted;
that they have resolved to carry their priti
einles to the pools, aud that st aking ilieir
inlineuco i* Ivies our resistance here And
lcowless that i have sought iu vain lor a
reason, unless this influence he one, wny
Henry Clav, the favorite .8 his party, ||u.stty
distinguished sit the bar, in the Senate ml
an the cabinet, who has served long, and
null is in the service of his country, should
have been pushed aside, at the Harrisburg
Convention, anti ail obsolete pointican put
in his stead. No matter whether Uie im
liticiati here acts from hiscovictions ot duty,
or tv moved by prejudice or passion, we are
satisfied that our rights, yea, the Govern
inent itseif, is endangered by sacrifices lor
party success. The statesman now that
wou and tlare stand forth to strengthen liie
■biuds oJ Union, and to exalt anti perpetuate
the institutions of nis (onniry, finds himself
ietteryd by the policy of Ri» party ; and is
•driven to abandon his purpose, or lie bran
ded as a deserter. Disappointed ambition,
iu its aspirations for power grasps every in
strumentality within itsjreach, fans the flames
of faction and discord, and smiles at suc
cess, in the midst of the ruins of that consti
tution >vii eh guaranties protection to ttie
person ami pioperty of the citizen. Here
lies the foundation of that paper built edi
fice ol piety and philanthropy, which is des
tiued so some iiiture per oil to be the hall
of legislation t-era large portion of the Re
public. Here is the /mists in which is nest
led, aid bred and born, the corrupt virmin
•that lied and fatten upon the vita's of the
Repo olio* Designing politicians strength
en luetr alliances, by bringing to tin ir sup
port the misguided zeal of religion, and the
maddened feelings of philanthropy. The
minister and his flock are mam
• ie nnco use ions adjuncts ot artful anti de
aling‘partisans. Religion, forgetful of
i.er ingii aud heavenly calling is made the
diuted hand maid ofiniriguc and oorvup
• ... The disciple of Christ, who hitherto
I ered a meek and quiet spirit, who walked
|y iu the fearol God, whose worship
•jd the elevation of the skies, anti
j usublimity that made ns forget the
.tedious oi earth, now mingles his
vitU.fhe bowlings ol the mob, and con
v- the temple of ■ lie living God to a busy
for political morciiantlisc. 1 lie spirit
. ■ ,o:1 by this .nixed and factious piety,
•v . -iciitlly to genuine religion as well an
;•> ue State. It moves and prompts the
sMie pa'sstsos, wnlcb In other times, have
corodeth adulterated, and broken down the
church. Frail men nude themselves the
standards of zeal, piety, and benevolence
pass judgement between themselves and
their opponents; roll the tli .uders of iniol
>r nice over the heads of those who repu
diate their opinions; and in the maddened
■wailmgsofauiiu.il petitions, virtually ask
Congress’ to give them power to arrest the
liberty of pitvatejudgeinent, and substitute
n its'stead their own faultless conceptions
duty. To these misguided people per
mit me to stiy, that Christianity neverjwill
J the support of craft or despotism - the
ever of kings, or the arm of the taw, to
. ; v out its benignant precepts. And eve
• iitary of the Cross, who seeks to en
ice his notions of piety by the power of
legislation, shrouds in darkness the bright
• n ter of the Gospel, aud substitutes in its
steal 'he bloody standard of demonology.— -
History md experience should a l.nouish
sv -rv irieud ofttie Church, if she is to ex
tend a more general and beneficial influ
ence upon the earth* she must breathe with
her own lungs, speak with her ow n voice,
and show the energy of a pulse and a heart
exclusively hor own. Ever intermingling
>f Imr purity with secular interest, sullies
•or oeauty and fetters her powers. The
le-ch.int of Mecca, who professed to penc
a e the seventh heaveu, and brought down
spark which set the ambition of Arabian
oms m a blaze, might deem the swore]
• only instrument to be trusted for re
nin" the world. But the Prophet ol
deals with the souls, not with the bo
ifmen; and wars with weapons, not
~ in contending with spiritual wicked
m high places. Madness and phreuzy
mingle in Moslem warfare, making
"jestinn of salvation nr damnation' lie
e ground between marshalled armies,
taught for and carried by the stronger
Bi! with us heaveu is not won by
who breathe out slaughter against
brethren, though in the mitlst of
go they should claim to be doing God’s
•c. Unou. lhe subject ol slavery,
■s of evc. v deno uin.ttion, and ofeve
•i 1 . of character and talent, differ i w
•minus. Yet they read the same
rstiip the same God, bow around
~iters, hy'inn hozztnnahs in the
. ample, an I, finally antii inale an en
in to the same Heaven. With these
hetin* opinions, .who sliall determine
artiiodox creed l .’"’hall the deluded
■s'asts, whose sum total of religion
v iii une single act of ini igin.iry ilovo
c Sh i.I i few pirchinentNlisciples pu
. . fl or, whose political pow;er is en
by the creed they profess, shut
t ...fives up In their little munition, ol
uni pnde-- a city walled tip ro Heaven
t with form dny. uuchristtanias- those
wliom they ddi'er? Do they outshine
- opponents in solid virtues- or itraini
i ; \ heavenly disposition* ? Are they
, ■•o Iroiii the Common vices ol file--
:. - pu ein spirit -•moredevoted in fri^n•
r'mp—<»r more Ijber*! m.tbe'r charities,-than
t*/o*e tfiey d°'>ouuc» ? No, sir;-the South,
; 1 m'-liol ling, generous Soittll, is the
v aery for ll|e pmir-of. all ihe States; am
•. r friendship anil Liberality are by words in
j is* verj inoulti's that would fain teach
o«r lessooa of phi nthr py ; i hate spoken
of religion; philanthropy is.but bs beam,
radiitiug from us emt fe, Gnd_; it is blit a.
fold of tha* mi:lity mantle- of luvsr: 'tith
w iielt 'lniitaoity >♦•'• did’‘cover thG uxkeil.
; li't’ie wrorl!. B it, sir. perAnprf Ihene
' l teftfii lers f|tl»e only true faith,
• •>. .»■* i' cy for lowAmj out* (rom tme -
for objects of pity and commiseration!'
perhaps they have no poor in their midst—
no widow’s tears to wipe—no orphan’s cries
to quell--no child of sorrow to cheer—no
wretcheducss to alleviate— no sfUictions to
lual —no nakidiiess to clothe, but all, all.
through tois nugl'ty cliaiim lof philautliro
ny, Itom (Irii boiling touutam ol benevo
lence, all have been smiling, healtldul, and
happy. Having done *o much at home,
’tis not so much wonder that the cirvlfc t»l
of then li nevolencc should widen. .Milli
„ns of money may now be expended with
profit, to compensating benevolent editors
to trumpet forth virtuous heroism ; to can
vass the claims ol candidates for office, aud I
pour liie merciful curses and /ilireutied Ire nr/1
dictions upon each ami all who dare leligie
io worship l i.c image they have piously
up in the jdains ol Duia.
i am departing from iny purjiose; l
have not designed to deal iu penegyric or
or satire. 1 have no light In nnke myself j
the keeper of oilier men’s conscience, lord |
they think it religiously a dirty h* holrtde
the chicken cock, to Keep him from gallan
ting the hens on Sunday, and to yoke the
geese to keep them from going in washing
in violation of the habitat h; aod I should
differ with them, and think it no sin to per
mit toe gall.mi cock io flap his wings aud
crow upon his dunghill, and the playiul
goose to wash and swim in the fish pond ;
neithtr ought to complain, lorwe aieecti
'tied, iii this country, to out religion and our
opinions. The most artful chain of despo
tism that was everloigcd, was supported by
false notions of duty, ami enforced by those
who were to profit by the cheat. 1 here
are multitudes of honest men, who are not
qualified to judge properly of their civil
and political rights, and are too often con
tent to surrender tln ir reasoning power to
interested aspii.u.is, superstitious i'acatics,
and pedar lie knaves. I wage n<« war against
those who may believe slavery a sin, but !
pity their vanity and iltetr folly, it they flat
ter themselves they alone are dtvio'fiy il
luminated; that others ace io darkness and
mu.'t have their instruction. We read ol
one, who was very thankful to his Maker
that he was not as olhet men, but especial
ly, the poor publican; and ye* his o
pinion of l.iiiiselt was not confirmed by
ilim who knew ail tilings. Y-ct I have
complaints to utter against the high opinion
men entertain of themselves; but as a friend
of the Church,'and as a friend to peace and
happiness ol the country, 1 raise my hand
and voice agaiuet enforcemg any religious
dogmas at the point of the bayonet, or by
force ot legislation. The evidence we have,
of tlie untiring efforts of the anti-slavery
egeiits, their reekless determination to dis
tract and ruin tlie country or carry out tkeir
purpose; the assiduity with which they are
courted by political leaders, and the num
ber of able eulogists they have in the halls
of Congress, all speak, with unerring tongue,
the nation's destiny. The firery vapors
of war and dissolution are gathering on the
disk of our political horizon; no cheering
rainbow foretells the abatement ot the
coming storm, but every moment the pros
pect darkens, every patriot ami every Chris
tian trembles lor the lu.e of the country and
temple of God. The public maul is in
fcatiiii commotion ; anti like the sea, tossed
by a tornado, wave mounts on wave, heigh
‘teiiitig anil widening at every breath of the
tempos', it is the hioli prerogative of a
few master-spirits here, if they dared to will
it, to.bid these proud waves be still. To
lllcin 1 i iiiiti in die mime ol d»o
country, invoke them to withhold their
firebrands of discord aud ruin. I appeal in
the venerable Representative from Massa
chusetts, [Air. Adams,] upon whose shoul
ders fell me mantle of a revolutionary
father; who won and wore, iu younger
lite, the civic wreath, the highest honor a
nation's confidence could bestow, 1 appeal
to him to withhold the blow that is aimed at
the lilepulsc of the Republic, and not per
mil hunscll to be used i* the unintentional
instrument of Ins country’s ruin, We
know his scntimen'S, we have read his let
ters, and heard his .vpeeches; but still,
through his advocacy, this dissention is
kept alive ; a few more years of labor in this
cause, and the last leal of the laurel will
wither flout his brow; and .should Heaven
spare him many years lie may yet outlive
the glory of iiis couolrv.
Your abolition petitiofis will prove in the
end to be the winding sheet of the consti
tution. No men, no body of men. could
persuade me to bring into your midst, an
unlit subject for legislation calculated, to
destroy me harmony of your councils, to
excite sectional feelings, and threatened
dissolution. Georgia, in whose borders 1
have been reared, my own home aud 'he
home of my friends, for whose honor anti
interest 1 would make an offering of my life,
even Georgia, could not force me, humble
as 1 am, to ttample upou my country’s con
stitution, and sow the seeds ol discord and
ruin through the laud. My honorable col
league, [Air. Cooper,] the other day, when
supposed to be departing from the subject of
debate, was illustrating the same feelings. 1
have expressed, lie adverted to the contro
versy ofour State with the State of .Maine,
which exemplify ou! stiict adherence to the
constitution ; and that, altiiojgh our Legis
lature spoke by her resolutions, tlie humble
supplicatory language of dependence, she
had no representative here that would echo
her voice; but that we should rely with
proud confidence on a people that has ne
ver faltered, who know their rights, and
will dare maintain them. lam alarmed for
the constitution anti for the fate of the Re
public, but feel no alarm for the honor of
inv State. The inl’a'uated priest may
'Mango his mitre for a helmet, and lay
• side his Bible for the torch of the incendia
ry, place huuself at the head of an army of
crusaders as bloody as those of Languedoc,
armed with all the authority Congress r.aD
give, atidgwhen he shall have completed the
work of reformation, upon which his piety
is set, nothing will be seen, to look out from
the landscape---he has traversed but smok
ing ruins aud a blood-sodden wilderness.
With this prospect before us. can anv
man say that this Government will stand
unshaken;—tint the alarm cry is counter
feit ?---that this faction is powerless, court
ed, and caressed, as it is, by aspirants for
power ! Those deluded people, deluded by
imaginary good, look to no danger- they
beat up lor recruits, the pulpit and the drain
shop, the elite parlor and the dirty brothel
—enlist their quota for the miahty work -of
retiiVm. 1. tiie eonstitotfou'is to lie saved—
if the Union is so be preserved, -t litre must
"he ho giving back, upon the part of their
friends -The silken cords of affection,' that
binds the coufodericy. is fretted by insult
_ We are upon the eve of a sfiuggle that will
1 Itury the rtrfverumeiit-.'and the Con h
the' living God, under u inouiilain’of cinders.
Let no Southern man be deceived by the
e.Vy of forbearance. . Let no political alli
ance induoe yon to cofirpromiseyoiir rights.
’Reject’the'petitions, and cotint him only
true t.q-the,South, and to the constitution,
whrs»ustaius iis >by his vote. Let none
play f.dse to bis duty, false to the interest
ajd hono'r of Ins State, rather than be ob
stacles to his associates in party. Ask me
not what harm to receive, and lay them outue
tab'e ? It is an implied acknowledgement
of the right of jurisdiction. It is the evi
dence that the lire is n-l yet extinguished;
its smouldering lutwes are an annoyance;
and none can tell how soon the breath ol
the taction may b<n it t‘> a flame, it is
like subterranean fne, the more to be dread
ed, as it may burst forth 'by suiptise. II
ihe issue must be foiined, let it be hunted
now. If the crisis must come, let us have
,t now. Let the South stand up as one
man, denounced, as we am, for the want ot
i patriotism and religion. The soil silken
LkanncT'-iW the Gospel, and the l road stripes
[and bright stars ot tire country, both float
, triumphant in a Southern sky. W- rep
resent a generous and gallant people, who
ba.ee never yet trampled upon the lights ot
oOit-r», end will repel wiili indignation, and
at every hazard, any unjust interference with
, their own.
LETTER.
from a ;«e|ion of the Representatives of
the State of Georgia, in the twenty-sixth
Congt* ss ot t be U nited States, to the Gov
ernor of Georgia, ou the controversy be
tween Georgia and Maine.
To liis Excelled# Chsi«l.ks J. McDonam*,
Governor oJ'thefiUlU oJ Georgia :
Sir; We, the undersigned. Representa
tives of the Slate of Georgia in the tweptv
mxili Congress of lire l tilted Slates, have
the honor to acknowledge tlte receipt of
your excellency's cmimumicatioii of the ffita
of January hist, covering » preamble and a
series of resolutions ado; .etl at the late ses
sion of the Legislature of Georgia, and ap
proved by your Excellency.
In the careful and respectful consider
ation which tire undersigned have given to
the preamble and resolutions, we have ex
perienced some embarrassment in determin
: ing what are precisely the wishes of the
Legislature oil the subject. The preamble
would seem to have exclusive retereuce to
the great and important question now pend
ing between the States ol Georgia and Maine,
respecting the demand which has hr en
made by the Governor ottlre former State
upon the Governor ol the latter, lor the dc
livery of certain fugitives from justice, who.
after having committed a crime against the
laws of Georgia, have taken relttgc in the
Slate of Maine, and which case is exclusive
ly provided tor in the ‘Jd clause, Jd section,
4th article of the Constitution of the United
States. The first resolution, however, de
clares that the statutes of the Uuited States
which have been enacted to carry into effect
the latter clause of the Jd section, 4th arti
cle of the Constitution arc wholly inade
quate to the object. The second resolution
declares that those statutes should be so
amended as, first, to authorize, the demand,
in the cases contemplated, to nc made upon
the circuit. Judge of the United States hav
ing jurisdiction in the State wherein such
fugitive may be found ; secondly, to require
that such judge, upon such demand being
made in due form of law, shall issue his
warrant , to be directed to the marshal of
the United States in the State wherein such
fugitive may be, requiring his arrest and
delivery to ilie agent duly authorized to te
ceive him; and thirdly, to require such
marshal forthwith to execute the same.—
As these two resolutions would seem to re
fer exclusively to the latter clause of tlte 2d
section, 4th article of the Constitution,
which provides exclusively for the redelivery
of persons held to service and labor in one
State, who have escaped into another State,
anti which latter ciuuu« is'ihe .’til clause of
the Jtl section of the 4»li article, these two
resolutions would seem lobe wholly uncon
nected with the subject-matter of the
preamble, and to have exclusive reference to
amendments to the 3d ami 4th sections of
the statute o( 12th February, 1793, which
sections carry into effect the latter or 3d
! clause of the Jd section, 4ih article, which
l provides for the arrest and restoration to the
j owner of fugitive slaves, and not to tiie Ist
ami Jd sections of the saute statute, which
are intended to carry into etlV-ct the Jd
dance of the 2d section of the 4th article,
which have reference t xclusivdy to the
arrest of fugitives from justice, and is tlte
subject-matter of tiio pieamble.
By the third resolution the Representa
tivesof Georgia iu Congress are riqucsted
to have the act of Congress, passed 12th
February, 1793, to carry into ell'ect the 2d
section of the 4th article of the Constitution
of the United States, (which is the act we
have above relercd to,) so amended as to
make it obligatory, »m tlte said tft*{ricfju(l J >e
to surrender any person who may be louml
in any State or i'erritory, and who.is char
ged iu any other State or Territory with the
commission of any act which is constituted
a crime by the laws of said State, or Territory,
where he is so charged, to the executive au
thority of the State or Territory where the
offence is alleged to have been committed.
The amendment contemplated hy this fluid
resolution, clearly relent to the Ist and Jd
sections ol the act ol lJth February, 1793,
which sections were intended to Carry into
ell'ect the Jtl clause of the Jo section. 4th
' article, and is therefore in entire accordance
! with the subject-matter of the preamble;
but still it leaves a doubt whet lie r the
! Legislature desired that tlte power contcm
! plated by the proposed amendments should
be vested in the district or circuit Judges of
the Uuited States.
The uudei'signed have made these remarks,
not with a view to criticise the resolutions
of the Legislature, but to relieve i lie argu
| nieiit which we are about to present, and the
! conclusions to which we have come, from
any embarrassment or misconstruction,
which, trom the doubtful intention of the
Legislature, as it appears on the face of the
; reamble aud resolutions -themselves, might
hereafter arise or lie created. -Combining
the pteautole, with the knowledge which we
possess from other sources, of the intentiou
of the Legislature, we do not doubt that,
by these resolutions, the Legislature of
Georgia desires to procure such amendments
as these resolutions specify, to be made to
tire Ist and Jd sections of the m t of 12' b
February, 1793, wlii’ch provide for the arrest
of fugitives from justice, fleeing from one
State into another; which sections were
intended to carry into effect the second
clause of the Jd section, 4th article, and not
to the 3d aud 4tii sections of the same sta
tute, which provide for the arrest of fugi
tive slaves, and were passed to carry in
to effect the latter or 3d clause of the Jd
section o fit he 4th article of the Constitu
tion, to which last the undersigned by no
means intend to apply any of the remarks
which they are about to make. The 4 It
resolution requests that the Representatives
of the State of Georgia in Congress,will en
deavor to procure such amendireutjS of the
statutes in question, as, in their judgments,
will be best calculated to ell'ect the disired
object. This last resolution, notwithstand
ing the specification of particular amend
ments in the preceding resolutions, would
seent to leave it entirely iu the discretion of
the Representatives to propose such amend
ments as they in their judgment may deem
best calculated to effect the objects of the
Legislature.
The undersigned have reflected long and
deeply upon the subject ol these resolu
tions. They are fuMy aware of its magni
tude and importance, not only to the safe
ly and security of the slave property in Gcoj
gin, but to the future peace and welfare of
all the States, and to the jireseivaiioii of the
Union. They are at all times ready and
wi'ling Io respond to the wishes ol the
Legis alure ol Georgia, when they cau do
so without a saciilicc of that higher duty
wiiieh tliey owe to their constituents. —
They feel tolly the weight of the responsi.
bility which has been imposed upon them,
out they asstitue it fearless'y, from aeouvic
lion that it is a duty which they owe to a
generous and confinding people, and regard
less of consequences to iliemselves.
In arriving at the conclusions to wl icli
they have come, the undersigned have
considered the r-quiremeots of the resolu
tions of the Legislature in a two-fold vi w ;
first, as to the constitutional power ot
Congiess to legislate on the subject at all-;
secondly, as to the constitutional power ts
Congress to vest the proposed powers in a
district or circuit judge ol the United States,
and the expediency ol making the proposed
amendment* to the act ot lJtli February,
1793, or any other amendments by which
tlte States of this Union respectively, and
especially the slave-holding States, shall be
dept ived'of the full and absolute exercise of
that high sovereign power, existing before
the Constitution, arid recognised by that
instilment, of demanding the delivery to
their authorities ol ttiose who have violated
their penal laws, ami nave fled for protection
and immunity to tlte-juiisii.ction ol another
State.
In examining these important am!difficult
questions,the undersigned with take them
iu the order siait and alo ve,ami proceed, lir>t,
to tile inquiry, whether Congress has the
constitutional j>owe» to legislate on the sub
ject at all ?
That the Federal Government is one of
limited jurisdiction, and that it can exercise
no power which is m i e .pressly granted by
the Constitution, oi w tell may not be ne
cessary and proper for carrying into execu
tion thejMtwers expressly granted by the
Constitution, is not otilv declared expressly
by the tenth amendment, but so uniformly
insisted upon by the people of Georgia, as
to have bei ome the polar star to which they
look for the safety and security of all their
rights, civil as well as political. hat are
the powers expressly granted to the Con
gress of the United States? These are for
tlte most part contained in the Bth section
pst article, and are so tiistinc.ly prescribed
anil set forth that they cannot be mistaken
or misconstrued. Among these no power
sto iie found, hy which Congress is bit
horizedto make any law by winch fugitives
rom justice, fleeing front one State, shall
be arrested in atiottier Slate. We assume
such to lie the lact,without going into a
detail ot the powers thereio grained, and
we do it without tear of contradiction.
By the last clause of the said section, Con
grrss is empowered to make all laws which
shall be necessary anti proper tor carrying
into execution the foregoing powers, and
all other powers vested by the Constitution
in tlte Government of the United Slates, ot
iii any department or officer thereof. ’1 he
power relerrcti to, not being found among
the* powers enumerated iu the Bth section
as slated, the next inquiry is. is it lobe found
in any other section ot article ot the Con
stitution ! Not finding h'among the entt
ineratee powers gran ed in the Bth section,
we wonlo, if it exists til all, naturally ex
jiect io liutl it in that clause, to carry into
effect which the Ist and Jtl sections of the
act of 12th February. t;:i3 were oasst and,
and which sections these, resolutions [pro
pose to amend. That 'clause is found in
the 2d section 4lh article, and is as follows :
“A person charged with treason, felony, or
other crime,'who shall flee from justice and
be found in another State, sliall. on demand
of the Exe :ntive authority «fi • lie otalc from
which he fled, be delivered up, or removo and
to the State having juiisdioiion ol the crime.”
These are the words of ihe clause, and they
contain ail that is said in the < ••nsiitulmn on
tiie subject. The i tnti>e is merely dirtdo
ry to tiie States, but gives ro power to Con
gress to act in the matter, aud, theielbre, no
power to make any law to enforce it: nor
cau such power be claimed under the last
clause of fine Bth section, above'referred to ;
for that clause only*gives the power to make
all laws necessary and proper to catty into
effect the powers granted. Mo tar, then, as
tins examination has gone, Congiess has no
power to legislate in this matter.
Can such power be louml mthef.i! article
of the Constitution, which defines the judi
cial power of the United States? We say
not. The judicial powers of- Ihe United
States are confined to two classes ol speci
fied cases. Thejurisdiction in the one class
depends upon Ihe character ol the case, and
iu the other upon the parties. The gener
al word ‘-case,” as used in that ariicle,
comprises not only civil cases, but crimes
and misdeiueauots: the word “controversy, ’
refers io civil cases only ascontraoisuuguish
tcl from criminal, if this isnot the true
construction, the courts of the United
States might constitutionally have juris
diction ol all crimes against the laws of the
States, for in such cases the Slate would be
a party. The judicial power is limited,
first, to cases in law or in equity arising
uuder the Constitution and the laws of the
United States, lfthe judicial power, which,
by the resolutions, the Legislature of
Georgia has conceded to the United States
exists, it must exist as far as the character of
the cuac giv/s jurisdiction in the grant ot
jurisdiction Just cited; lor there is none
other wnichcan be construed to grant it.
As between the State of Georgia and the
individual fugitives from justice, does the
case arise uuuer the Constitution of the
United States I Unquestionably n rt; it
arises under a penal law of the St..te of
Geoigia; the offence is against that law
only; and the clause of the Constitution is
only directory as to the mode in which the
offender is to be apprehended anil brought
to justice. The case, therefore, as between
the Slate of Georgia and the individual fu
gitive, does not arise under the Constitution.
It can arise under no law of the United
States; for the power of Congress is lim : ted
to the definitiou and punishment of certain
specified crimes and offences and none
other; the definition and punishment of all
others being reserved to the States; and
the offence with which these fugitives are
charged is not one of these specified offen
ces or crimes. As between the State and
ihe fugitives, then, the courts of the United
States having, under the Constitution, no
juiisdiction, and being incapable of receiv
ing jurisdiction to punish the criminals, the
process contemplated by the tesofutiuus
cannot be necessary to enforce their juris
diction. The right of the courts or judges
of the United States to issue process of any
kiud, rests exclusively on the necessity of
having Such power, to enable them to exer
cise their jorisdret ion, and to carry into
effect their-judgments and decrees. Does
such jurisdiction exist, admitting the ease
to he a controversy between the States Os
Georgia and Maine; that is. admitting it i
to be a controversy between two States ?
Without raising all argument as to the
character ol the controversy, whether it is a
controversy of- tch a character as that it can
be brought judicially to the notice of a rouit
without which a court of the United States
cannot lake cognizance of it, no matter who
are the parties, it will be sufficient torus to
it mark that, admitting the jurisdiction, and
that m whatever shape, or between whatev
er parlies, the case may present itseP. till
ami every one of the courts of the United
States have jurisdiction, then the further
legislation of Congress, in order to obtain
the objects of the resolutions of the Legis
lature, would be wholly unnecessary ; for,
by the 14th section of the judiciary act, of
Jtth September, 1789. now in full force, it
R provided “That all the beforetnentioned
courts of the United States sliall have pow
er to issue all write not specially provided
for bv statute, which may be necessary fori
the exercise of their respective jurisdictions, I
anti are agreeable to the principles and us
ages of law.” And, by the 2711 t section of
the same act, it is made tire duty of the mar
shal of each district -‘to execute, through
out his district, all lawful precepts directed
to him. and issued under the authority of
the United States.” And, by the
lion ol the same act, it is provided “That
for any crime or offence agutnsl the Uuited
States, the offender may, by any justice or
judge ol the United States, or by any justice
of tlte peace or any magistrate ol ilie United
States, where he may fie found, be arrest
ed anti imprisoned.” Taking these sections
ol the judiciary act in connexion with the
provisions of the Ist an 1 Jtl sections ol the
act of 12th February , 1793, referred to in the
resolutions, it would seem to follow that it
Congress had power by the Constitution to
give to the district ol rficuit judges the pow
ers contemplated by h • resolutions, no fur
ther legislation would ? necessary to ac
complish the objects ol hose resolutions.
But admitting that Congress has the
power ci.nstit utionally it; give to the judges,
in a case in which twom more States are
parties to the controversy, the towers con
templated by the resolutions, and that ad
ditional legislation could be made, the bet
ter to effectuate the objects ol the resolu
tions, then Congress could give such ju
risdiction only coticuTeiit with the Supreme
Court, which, by the Constitution, has ori
ginal jurisdiction tit all cases win re two or
more States are parties in tiie controversy.
Even this right to giv- concurrent jurisdic
tion to the inferior courts his been doubted
anti denied, in cases where the Constitution
has given original jurisdiction to flu* Su
preme Court, (see the case ot Ravara in
jtl Dallas) ami has never to this day been
solenmy determined. The Supreme Court
has. how ever, decided that Congiess cannot
by law, a sign to the judical department any
duties but such as ate of a judical character.
The case, then, whether between Georgia
and the fugitives, from justice, or between
Georgia aud .Maine, must be first made to
assume a judical character—that is, it
mil: t he a suit brought before the court in
such form, or fry such process, or upon
such a return, as to enable ;he court to <le
tide upon the tn- iits of the question, on
the law, and oil llie facts, w here the luilcr tire
involved. The Supiemc Court has also
decided in the case of Marbury and .Madi
son, that where the Constitution has given
original jurisdiction to that court, as iu the
case wilt re a Stale is a party, it eaimot exer
cise appellate jurisdiction. If then. Con
gress could constitutionally give to a dis
trict or circuit judge such powers as are
proposed hy the amendments suggested iu
the resolutions, would the Stale iff Georgia
consent to place her great soverign and enli
st tutional right (to* she has the right, boll)
as a soverign State and bv the congUltiiinii)
to deinan and ihe delivery to her own courts
offugi ives «he have offended auainsf her
own la.vs fimder the tbanluie control .and
decision of a single) junge of a district or
circuit (ain' t ; laws made ami deemed abso
Ititelvessential to | roteet the sacred righ's
of her citizens in their slave property ?
\\ ill she consent to pla-e unfit power in
the hands of a judge—yea. pi limps, of a
jury whose judgement might, and proba
,d\ would, be swayed by lm» or their own
pi i j nuice or controlled by the strong feelings
and prejudice t t i ll m and around the conn
At.tl especially would she consent to do this,
without the power even of an appeal !<> a
higher and more impartial tribunal ! We
t. ink not. At least, we, her Rcpresmatives,
will never consent to become the instrument
to place her in so helpless aud humiliating a
situation—a situation, too, in such she could
not even complain of wrong or injustice, be
cause, by her own petition and consent, she
would be placed in that situation.
But a higher aud more sacred duty de
volves upon us, her representatives here than
a mere justification of ourselves. 45y her
soverign power, before the adoption of the
Constitution, Georgiahada riuht exclusive
ly regulate and control the property of her
citizens in slaves. The Constitution im
paired not that soverign right, but confirmed
and secured its quiet and peaceable possess
ion and enjoyment. Without that guaran
tee she never would have become a lartyto
the ct nipact; without it, she ought never
to remain a party to that compact. Affilia
ted societies, numerous and powerful, not on
ly in i ur own icuntry, but in Europe,are
wielding the power of the public press and
the influences of the church—yea, ate now
affiliating together on both shores of tlte At
lantic, and combining ait their energies to in
vade and destroy this, one of her mo?t sacred
aud inalienable rights. Not only so; Gov
ernors of States, forgetful of their solemn ob
ligations and duties, are refuseing to lend
tiieiraid to bring to justice, those who have
dared to violate her penal laws, made to se
cure these her sacred rights; are refusing
to do that, which is solemnly enjoined up»
on them as a duty, by the very Constitution
which they have sworn to support. Even
witfiout the solemn compact of the Consti*
tution Georgia, as an indedependent and sov
erign State, would, by the laws of nations,
have the right to demand these criminals,
from the State to which they have fled in
orffirtbtry and punish them within her
own jurisdiction: and if this her demand
were refused, would have just cause of war.
Vtittel states it to be an estab'ished princi
ple of the law of nations, that a nation
whose subject lias offended against tlie laws
of another nation, ought, according to the
circumstances, to make reperation, inflict
upon him exemplary punishment, or, final
ly, to deliver him tip to the offended State
to be there brought to justice.. That this
is not only the case where great crimes have
been committed, hut that even in cases of
ordinary trausgtession, where States are
closely connected in friendship and good
neighbourhood, the offenders are recipro
cally obliged to appear bafore the mag istrate
of the place where the offence was commit-'
ted. upon tha requisition of that mages
trate : an admirable institution, he says by
means of which many neighbouring Stale
live together in peace, and teem to form on
ly one republic. This is >n force through
out Switzerland. As scon as the letters
rogatory are issued inform, tl. e superior e
the accused is bottned to infi.rre them
belongs not to him to examine when' ?*
the accusation be true or false ie i tr
presume on the justice ol his netehtor S , 'a
not io suffer any doubts on Ids own part .
impair au institution as well calculated “
serve harmony aud good understanffi D J U'
tween the States. '1 he soveri, n who refn"
scs to make reperation or to ileliver U p ,i
offender, renders himself, in aoine measnr
an accomplice in the injury, and becom.
responsible for it. (P. 163.) • ‘ e
law of nations, and there cat be ’ut litiF
doubt that the framers of our Constitutin'"
had this uery case of Switzerland in view’
when the clause now in question was fr- ’
ed. Its enforcement was intended tn
entirely on the good faith and tmitualobli
gniiol.s of the States. A likt clause w H9
contained in the articles of the old confed
eration. which compact, was itself but ;i
(treaty between the States.
This clause is, in fact, a treaty between
the Slates, to secure and protect a great sov
ereign right, recognised and respected bv
all civilized nations—a right claimed bv n|f
and never relinquished ex.»ept from weakness
or tear—Georgia owes it to l, L r people to
protect aud preserve it in ftillvq-or and un
impaired. She ought never to consent to
relinquish one iota „ffit to the Central Gov
ernment, or to any other; thr aimed on all
.-ides, and tlte more esjecial'yat the preset t
time, it may become ere long |;ei only rt ..
luge of safety. ]! h r co-States Will ni(t(
m I fie discharge of their solemn duties and
obligations, under the compact of union, in
terpose to preserve it from violation, she
must for her own protection, and the safetv
and protection, of the rights and property ot
her citizens, rely upon lit r own strong arm
to guard it from violation. The imdersi -.
etl can never consent to be made the wist'u
mmls for its übaudonuieiit. Relit vir.g
tli *tt lore, that we arej. stiffed by the views
ue have presented, tool by the sacred duty
which we aw to a magnanimous and con
fiding people, but with the utmost respect
and deferent e to the Legislature and in
yortr Excellency, " p must decline to com
ply W ith the requests contained iu the resol
utions.
YVe have the honor to he, with great res
pect, your cxcc’leucyV obedient servants
JULIUS C. A LICK L).
YVAI. C. DAWSON.
RICH. W. HABERSHAM.
THO. BUTLER KING.
ERGEN lUS A. N USB IT.
LOTT WARREN.
IN SENATE.
Thursday March 12, 1840.
The Senate proceeded to consider ••The
hill to provide lor the payment of damages
sustained hy individtH* iu the wars w ith the
Indian tribes since 1830.”
Mi. Hubbard advocated thi-' bill at some
length. YV lieu last uiitler discussion it had
met with some opposition; what there was
objectionable he could not conceive; but if
ary Senator could devise i better measure
to reach the object aimed at, he slto'ul i he
vary Inppy. He thought it tlue alike t.i the
honor ot tlte Government and justice to rhe
individuals that something should be done,
ami that speedily. What ere the (n ia of
the ease ! The officers ol the tinny |ad ta
ken possession ol ihe houses <.| 11 rtain in
dividuals and occupied them a- mi ilaiv bat
racks, store-houses, Ac.; in.d ilje property
iltus tuken hy these t fligers lor the Use of
the army was destroyed by the enemy mioti
st qm me of soph oectip,iti<i,i. Mr. fl. !t |.
Inded to some ol the most prominent tvs,.*,
as that ot Gen. Demand* z. of (ten. Clinch,
and John J. JRilow, all of w hich lie conten
ded came clearly within th • principle if
the law of 1817 iu relation to property- dc,-
troved iu consequence of occupancy by ocr
troops. Not only was the prnpeitv destri v
ed in one instance, Imt the owner id it (A.V.
ilultiw] was impressed amt lost his li e iu
consequence of fit. These matins were all
in evi'ience before the committee, and the
property was clearly shown to have been de
stroyed in consequence ol being occupied
by our troops. In otticr instances prrvit
iuus wi re taken from the owners tor the sup
port ami subsistence of the troops at a linns
when they could hive been but ill spared.
Under these eireumstanccs, the cun mince
could not hesitate for a single moment to do
justice to the claimants. The aggregate a
motiin which, on a former occasion, seemed
to alarm Senators so much, lie was happy
to say, was not so Urge as many had sup
posed. The claimants had long been knock
ing at our doors, and soliciting justice at
our hands: some ot them had been reduc
ed from iifHiiene • to absolute penury to pro
mote tiie objects o! the movements of our
army, and such things sfiotild not be coldly
contemplated without an effort to make prop
el remuneration. Every principle of justice
and hum niiy Idihade it.
Mr. YVright admitted that he had not ex
amined the matter with scrupulous care,
anti inquired whether the bill already passed
by the Senate t • esiiihlish u board of commis
sioners to hear and examine claims against
the United States would not reach the ca
ses alluded to by the S-natur?
. (Mr. Hubbaeil said undoubtedly t’'e bill
would reach some of them.)
Mr. YV. then thought that, if this bill
were passed, it would be a kind of duplicate
legislation. There was one bill already
sent to the other House of a general char
acter, ami before that was acted on, here
was another, of a general specific nature, (if
lie might be allowed to use such a phrase,)
which might have a tendency to embarrass
the other.
Again. The same difficulty that had pre
sented ifsclf to It is mind, when the bill for
the relief of John J. Bnlow was discussed,
still existed, and he thought the committee
had not based the report on sound prirci'
files when they sought to apply the recogs
nised usage of civilized warfare to that es
savage; they were dia etrically opposed
in every requisite. In the one ease persons
of property were always anxious to have the
troops, as far as possible, removed fr om their
domicils, lest the enemy might be provoked
to destroy them ; but, in savage warfare, the
case was entirely reversed, and it was at all
times desirable to have the f r petty occupi
ed, that it might be guarded from destruct
tion. In the instances before them, so fat*
from the property being destroyed in conse
quence of occupation, it was protected so
long as the troops had it in possession, and
hence he was not disposed to lend his sanc
tion to a measure that would make the Gov
ernment responsible on principles so essen
tially opposed to each other. Mr. W«
thought, too, that if such a principle as tha.
laid down was mice established, it might lead
the way to ot her Indian wars beside* open
ing the doors of the Treasury to an almost
indefinite extent.
Mr. Hubbard contended with some ener
gy that the principles in the cases eainc
clearly within the law of 1817, and went in
to a detail of the farts as proved to the sat
isfaction of the committee, tn convince the
Senate that they did so. As to throwing
w ide the doors of the Treasury, it was a false
alarm ; $150,030 would cover tils whole a-*