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fist Cokw^s.
IX SEN Am ~ \
Monday, Dvr. *, 1691.
At 19 o’clock, Mr. Smith, <j Vld. Presi
dent. pro. tew. called the Seriate to order.
The credentials ot’ the IJo.iorables Sam’l- j
Prksto*, Senator elect from V ermont;
Robert llanna, from Indiana ; Wiui. I*.
Manuc.'J, from -North Carolina; Stei’iikn
D. Miller, from Sor*fl Carolina; Gabriel
Moore, from Alabama,; Henry Clav from
Kentucky ; Wit. Maw y, from New York;
nnd Josiam: S. Johnson*, from Ixmistana,
wore presented, and received, and the oaths
being administered to -Messrs. Chip, John
ston, Prentiss, Marry, Mans' in, Millar and
Hc.-.na, they took tiieir seals.
On motion of /Jr. Knight, the usual reso
lution for furnishing the .Senators with news
pap rs, was adopted.
A message was received from the House
of Representatives, by Mr. Clarke, tiioir sec
retary, announcing flint the House had .as
st nibled, formed a quoi nm, elected n Speaker,
Cc'.-.j ami were ready to proceed to Legisla
tive business.
Tuesday, Dcc.fi.
A message was received from the Presi
dent of tile l (iited States, by Mr. A. J. Do
nelson, pis private Secretary.
Which being read, on motion of Mr. King
of Alabama, 3,000 copies, together with 1500
copies of the accompanying documents, were
ord*. r and to be printed for the use of the Se
nate.
On motio i of Mr. King of Alabama,
Ordered , i' at the 34t!i rule of the Senate
Iv suspended so far as to authorize the Senate,
in the absence of the Vice President to elect
a Chairman of the Committee on Finance.
T .e Senate thou proceeded to ballot for a
Chairman of said Committee, and Mr. Smith,
of Mstryiand, having received twenty-live
votes, was iluiy elected.
Tiic President of Senate pro trim announ
ced til.; following
STANDING < OMMITTRES.
Foreign. Relations. —Messrs. Tazwell,
White, King, Forsyth arid 15.11.
Finance. —Messrs. Smith, Tyler, Marcy,
Silsbee and Johnston.
Commerce. —Messrs. Forsyth, Dudley, Sils
bce, Johnston aed Wilkins.
Manufactures. —Messrs. Dickerson, Clay,
Knight, Miller and Seymour.
Agriculture. —Messrs. Seymour, Brown,
Tvl ore, Hanna and Waggamaii.
Military Affairs. —Messrs. Benton, Bar
nard, Troup, Clay and Kane.
Militia. — Messrs. Barnard, Freiinghuy
sen, Clayton, Prentiss and Wuggainan.
Na ni Affairs. —Messrs. Hayne, Taze
nvel., !’o >bins, VVebstf r and Bibb.
I > ubiic Lands.— -Messrs. King, Kllis,
ILx'in-'S, Robinson and Hanna.
Private Land Claims. —Messrs. Kane,
Nauditin, Prentiss, Buggies and Hendricks.
Indian Affairs. — essis. White, Troup,
Poindexter, Benton and Wilkins.
C; ims. —Messrs. Buggies, Bell, Naudain,
Brown and Moore.
Judiciary. —Messrs. Marcy, Ilayne, Web
ster, F.elnighuyscn and Grundy.
Posr Office and Post Ronds. —Messrs.
Gr uidy, iniiis, Ilill, Ewing and Tomlinson.
Roads and Canals. —Messrs. Hendricks,
l*om lexter, Hill, Mangum and Sprague.
Pensions. —Messrs. Foot, Chambers, Man
gum, Buckner and Sprague.
jdistrict of Columbia. —Messrs. Chambers,
Tyler, Holmes,Clayton and Mider.
Contingent Fund. —Messrs. Knight, Dud
# lev and ’1 oinlinson.
Engrossed Bills. —Messrs. Robinson, Ew
ing and Buckner.
On motion of Mr. Holmes, the Senate ad
journed.
Wednesday, Dec. 7.
The President pro tern, communicated the
following fetter :
Treasury Department, )
Dec. 7, 1831. \
Sir : 1 have the honor to transmit a re
port, prepared in obedience to the act “ sup
plementary to tife act to establish the Trea
sury Department.”
1 have the honor to be,
with great respocj,
your obedient servant,
LOUIS McLANE.
Hon. President of the Senate.
Mr.SpRAocE submitted the following reso
lution :
Resolved, That the President of the Uni
ted States bo requested to communicate to
lilt Senate, if not incompatible with the pub
lic interest, all the information in his power,
relative to t.'ie captures, abduction, and im
prisonment of American citizens by the Pro
vincial authorities ol New Brunswick, and
the measures w hich, in consequence thereof,
hare been adopted by the Executive.
Mr. IIOL.M.KS submitted the following' reso
lution:
Resolved , That the President be request
ed to to inform the Senate whether any further
negociation is commenced, proposed or inten
ded, in'regard to the North-Eastern boundary
of the United States.
Mr. Hayne gave notice that he would, to
morrow, ask leave to intro uce a bill to pro
vide for the settlement of the claims of the
State of South-Carolina, for advances made
to the United States, during the late war.
*lr. Kim; moved tiie following resolution,
which was adopted:
lietoleed, That the Secretary of the Sen
ate cause to lie distributed to the Senators not
heretofore supplied, one- copy of Jefferson's
Manual, and the Executive Journal.
Mr. Foot gave notice that he would, to
morrow, a?k l-.-avo to introduce a bill, supple
mentary to the act for the r< Inf ol certain
surviving officers qnd soldiers of the Revo
lution.
Monday, Dec. 12.
The Vice-President of the United States
attended today, aid took the Chair of the
Ben ale.
1 lie- following Senators appeared to-day,\ iz:
Messrs, iltbb, Buckner, Blown, Tazi well,
and Forsyth.
By . • . \v iik’ms, the memorial of a number
’ flf i,u ioLm . .ri iH, rtf* <tt
i >■ tor a farther reduction of the duties on
'I ca, to iie imported after the 31st of Decem
br, 1831.
By Mr. Dudley, a similar memorial from
sundry merchants of the city of New York.
By .Mr. Smith, a corresponding memorial
from sundry merchants of the city of Balti
more.
On motion of Mr. Forsyth, ordered that the
petition of Parish Carter and Silvia Posner,
presented last session, hr referred to tlic Com
mittee on Claims.
HOUSE OF REPRESENTATIVES.
Monday, Pec. 5, 1831.
At 12 o’clock, this ilav, the House was
called to order by the Clerk, Mathew St.
Clair Clarke, arid the roll of Membe rs being
called, by States, there were 300 Members
who answered to their names.
A quorum being present, the House then
I proceeded to ballot fora Speaker, and An
i drew Ste venson was declared by the Clerk t.
|be duly elected, ami he was tiien conducted
jto the Chair hy the lion. Thomas Newton,
|of Virginia—being the oldest member pre
j
I The Speaker then addressed the House as
j follows:
Gentlemen: In accepting a third thru
this lyvalted station, i cannot adequately ex
press the deep sense 1 ent rtim of the honor
| von have, been pleased again to confer upon
I live, or iny warm feelings ol gratitude tor this
distinguished proof of vour continued coi.ti
; lienee and unchanging kindness.
; It is an honor too, gentlemen, which has
: been conferred, in a m inner, and under c;r
leuniSliinces, peculiarly calculated to gratify
! and flatter me ; and I shall ever cherish it as
M’to most valuable reward for my past servi
ces. The ollico of Speaker of this House
; lias, at no period in our history, been without
; its embarrassments and trials: and if in times
;of profound tranquility and repose, its duties
, have justly been regarded by the most cmi
| nent of the distinguished individuals who
have filled the chair, as arduous'and r. spon
sible, liow greatly must its labors ami respon
sibilities be enhanced, in times of high po
litical and party divisions,
i I certainly am not vain enough to suppose
j that it will be in my power to d:.-charge the
j duties of this high ollice, in a maimer suita
t ble to its dignity and importance, or as i
| could myself wish. Indeed, there is no
I man, I am very confident, be tie who lie may,
who could at such a time, assume its respon
-1 sibilities without distrusting greatly his own
abilities, i shall not, however, despair.—
.Actuated by an honest and manly zeal, 1 snal!
endeavor at least to justify iho choice of my
friends, and merit the confidence and respect
of the House.
Whoever shall fill the Chair to his own
honor, or the advantage of tiie Nation, must
possess not only the confidence of the Hoi£v,
but tiie esteem and respect of the honorable
ami high-minded men over whom he presides.
Neither station nor power can coerce esteem
or respect; they can only be acquired by I i
tegritv, impartiality, and independence here.
These, ale, can shed honor or lustre on
this station, and make it, both as it regards
the House ami the Nation, what it shall be.
I unfeignedly assure you, gentlemen,
that I shall need and expect your cordial and
kind co-operation in preserving order and
dignity in our deliberations, and sustaining
the authority of the Chair ; ami 1 earnestly
hope so to discharge its duties as to ensure to
its decisions not merely a r luctaut support,
but a steady and cheerful acquiescence in
their justice and propriety.
1 tender you, gentlemen, my cordial co-op
eration in the discharge of your high duties,
and ardently pray that we may, by our con
duct and deliberations, render tins House
worthy of the high name and character of
j our beloved country.
j Tiie Members were then qualified, in the
! usual form.
l Mr. Speight submitted the following reso
j lution ; Which was adopted :
j Resolved, That Matthew St. Clair Clarke,
I the former Clerk of the House of Represen
tatives, he appointed Clerk of this House.
On motion of Mr. J. W. Taylor, it was •
Resolved, That the Rules and Orders adop
ted at the last session of Congress, be and
they are hereby declared to be the Rules and
Orders of this House, until hereafter altered
or amended.
Tuesday, Dec. 6.
The House w as called to order at 12 o’clock.
On motion of Mr. Taylob of New-York,
it was
Resolved, Th.at two Chaplains of different
| denominations be elected by Congress, one
by each House, to serve during tiie present
I Session, who shall interchange weekly.
The annual Message from the President of
the United States was received, when
11. M. Jon' SON moved that the me ssage
he submitted to a Committee of the W hole
House on the State of tiie Union, and that
10,000 copies be print d—agreed to.
Wednesday, Dec. 7.
Mr. Coke, of Va. appeared, was qualified,
and took his seat. •
FIFTH CENSUS.
A message was recci ved from the Prrsi
dent of the United States, by tin hands of
his Secretary, A. J. Donelson, transmitting
the letters from the Secretary of Stale, in re
lation to the Fifth Census, or numeration of
the inbabtants of the United States.
Mr. Whittlesey moved, that as the Com
mittees of the House wt re not yet organized,
the message should, for tire present, be laid
on the table.
Mr. Taylor asked for the rending of the
letters; which, being done, they were laid
on the table, and by unanimous consent,
10,000 copies of the im ssage and documents
were directed to be printed.
ELECTION OF OFFICERS.
Mr. Doddridge, moved that the House do
row procr I to the election of Sergeunt-at
Arms; which motion vvs agre; dto
Ist. ballot,
,F>r John Oswald Dunn, SO
William A. Gordon, 40
David BrntiV, 30
M illiatn Robinson, 13
Necessary to a choice, 91
* 2nd hallot.
John Oswald Dunn, 95
William A.Gordon, 51
David iireafley,
William Hob in son !t
Nec.i ss:ry to a choice, 92
John O. wall Dunn, (!: *I-de incuuiV :•!)
w is aceor !i-.g ib e.larml to t ■ .-inly cli cii and.
Fin* House liexl pro'*, cm a! to tuo election
of Principal Door-Keeper.
Mr. Sutherland prcscntKi the petition o-
Daniel Film r, of Penns v.iania, praying for
tiie appointment of Door Feepc, or in the
event of the promotion of the present Assis
tant, (Mr. Carr) ha asked to he elected to fill
| his place. The petition Leing road, Mr.
Sutherland stub and the claims on which the
petition v.as founded. lie h lieved it was
.signed by 2or 3,000 persons. He adverted
ito th<s service of the petitioner during the
I late war, which wi re attended with the loss
of a 1 g, Ac.
Mr. Cambrelrng nomin.Mcd Overton C.rr,
the present Assistant Door Ejeepcr, to be
principal Door Keep. r.
Mr. Lewis Candid nominated l)avid Br ar
!ey.
1 Mr. Thompson, of Ohio, noniiniteil Frank
i lio >S. Myers.
j Mr. I\ewton nominated Beujnmis Burch.
1 Messrs. Uaiiibreleng, f.. Comlict, Titomp
! son, of Oliic, and Newton, w.re appointed
| f tiers, and on the Ist Ballot there appeared
for
Overton Carr, 110
David Urearly, 10
Franklin S. My res, 12
Benjamin Burch, 14
Darnel Palmer, 2
Whole number of votes, 17 8 |
Necessary to a choice 90 j
Overton Carr was accordingly declared to
ho duly elected.
The House next entered upon the nomi
nation of candidates lor the office ot Assis
tant Door Keeper ; and aft. r three ballhtiings
Col. John W. 11u iitc-r, of Augusta, Georgia
was elected.
Monday, Dec. 12.
(The standing ccinmitti is were appointed,
but we cannot make room for them until cur
next.)
This being the first day cf the scsssion for
presenting petitions, a great number w :re
presented, of which we will endeavor to fur
nish a list hereafter, to give our readers some
idea of tiie nature of tiie many wants and wish
es of the fS-oplr.
Among others—
Mr. Adams, of Massachusetts, (the Ex-
Presidciit of the United States presented fif
teen pi titions, ail numerously subscribed,
from sundry Inhabitants of Peru slv.ania, all ot
ti e same purport, praying for the abolition
of Slavery and the Slave Trade i:# the Pis
tol of Columbia, ami moved that the first
of them shouid he'read ; and it was read ac
cordingly.
On motion of Mr Wayne, of Georgia, the '
House then resolved itself into a Committee I
of the Whole on the state of the Union, -Mr.
Adair, of Kentucky, in the Chair. Tin re
sult of the proceedings in Committee of the
Whole was the adoption of resolutions, all of
which were moved by Mr. Y’aynk, except:
that concerning tin? Patent Ollice, which was
moved by Mr. Taylor of New York, that
concerning internal Improvement, which was:
moved by Mr. Wicklitfeof Kv. and that con
cerning imprisonment for debt, which was
moved l>y Air. Johnson, of Ivy.
On the resolutions alluded to, there was
some desultory ileba' the only retnarivuiiie
part of which was what concerned the
BANK OF i liE UNITED STATES.
The form of the resolution on that subject,
as Mr. Wayne first moved it, was, that so
much of the Message as relates to the subject
of the Bank of the United States, should be
referred to a Select Committee.
Mr. Me Dcffie moved to amend the reso
lution so as to refer the subject to the Com-'
mil tee of Ways and Means.
Mr. Wayne earnestly opposed this amend
ment, in a speech which wc regret our ina
bility to present to our r< ad< rs with suitable
fullness, by reason of accidental indisposition
of the iiepo; ter. lie said, in the outset, that
he had heard t e gentleman from South Caro
lina say, in an under tone, that it appeared to
be his (Mr. W’s)intention to cashier the Com
mittee of Ways and Means. This ; itcntion
Mr. W. disclaimed, but avowed his wisit to
have this subject referred tosoine ether Com
mittee than the Cnmntitce of Mays and
Means, because it was well known that the
Chairman of that Comittee had heretofore ex
pressed himself decidedly in favor of re-char-j
tering the Bank, and was equally well known !
to be not in the habit of giving up his opin
ions. Mr. W. wished to have information
on the subject collected by persons rot com- j
milted, so as that, it might he in possession of)
ilu House when the question should come up 1
for the consideration of the House upon an !
application of the Bank for the renewal of its j
chapter, or in any other manner, Arc.
Mr. Me Dvr fie replied. He said he
1 could assure the gentlemen from Georgia,
that he had no desire to take this subject in
his peculiar care ; hut it was one which had
been heretofore referred to the Committee of
: Ways and Means, not as a iuatt< rof right in
1 the Commitrce, but as a matter of usage end
I propriety as regarded the fiscal interests.
! Hint, said hr, is the bank of the U. Suites ?
!Is it not a fiscal instrument 1 Is it not as es
j s 'ntially connected with the Treasury Do
| purtmcnt as are the soui and body of man ?
it was for that reason, be said, that he wished
the subject of that Bank to b. referred to the
Committee of Ways and Means. IF should
be exceedingly sorry to deprive the gentle
man from Georgia of any advantage which he
might desire, as Chairman of a Committee, of
'an opportunity to present to the House some
; rand seherm ot an Institution to supcrscede ,
i the present Bank of the United Status. For
ivtnsi If, he could say, he had no object to an
swer in desiring the matter to go to the Com
mittee of Ways and Means; for it would 1 ot,
as presented by the Message, become a sub-;
ject of action in that committee if he could j
provent it. But. he had felt it to be hj s duty,!
whilst perfectly iudilTerent to its fate to move]
tin amendment.
Mr. Wayne said, he could assure the!
House that he had no project on thi S sul j' ct'
to present to their attention. But lie must!
say, that so Gr from this subject belonging;
appropriately; ami ex>*.Msiv !y to tiie atti ntion
of tiie Com;g*ltf-e cf <i s arid A leaps, ii *
thoagl ti. !v Cii.tit trtu of that * 'dm tifUe#
had inimitted, in wii-t he had said, the two
nro.-ig' st rgtiinruts ••e.'tm.-.t such vt-ioTor.ro :
first, that the subject was pr. judged !>y th
in ad id tiait CO limlto —..nd, flui d . tki ;
' tint gs uti fnan lia I avowed t.isit this* ing'dy
•iiijiort.-mt topic, prt s -id* •! to t!:e cons:■'*. ra
tion of Congress by tin; President, should not
be the subject cf action in fori.vtke committee
to which it was proposed to he referred, if he
could prevent it. Now, Mr. V-. sail, taking'
i into view the pr? sent attitude of things, was
it likely that the Bank would itself make nyiy
j application to Congress, at the present s s
sion, for a renewal of its charter,so as to bring
' the subj ct ut for consideration ? !?■: knew
it woutd be sai 1, that if the Bank “was net to
make such application, there 'would be no os- j
■ usiii,. fora committee o:i the subject, lint \
Ms object was, that hy the f-urpnry and r port ,
of an unprejudiced committee o:i {.'u* -y ct.!
tin: H-ftise should b prepared for any nr-v -
inc.'itthat might ho luaiie in regaid to i'. ’
conclusion, Mr- W. asked whetui.r even n • *
cent respect to the Chi* f Magistrate,\vit-> i:a
presented this s ibject to the afti ntion of Con
gress, declaring ids vie ws of it to be u.chutigf c,
did not require tliat the subjc t should P.
fairly an i impartially examiricd by a special
and unpledged committee.
The question was then taken upon Mr. Me-
Dvfeie’s motion or amendment, and decided
in the affirmative hy considerable vote [No.
! not announced,] mil the I louse refused to per
i mit a special committee to b>’ raised on tin*
] subject, and referred it to the Committee of
| Ways nnd Means.
hv-Mi aaiaiisK&aOTPiafa j
rr --—ft
Ssa fefi-ssatc.
Tuesday, Pec. 13.
Mr. Clavton hau h ave to introduce, i .shel
ter, a bill to reduce the tax on Swamp Land,
subject to overflow' —Read the first time.
Mr. Muncrii f, Chairman of the.Conmiittcc
|on Public Education and Fri o Schools, in
I abcdience to '.l direction of the committer,
nu.de a rep *, which was read, ami 600 co
pies ordered to be printed.
The Senate took up the re-eorisidered res
olution rf Afr. Echols, vacating the seat of
i \i.iii i O’Noel, and after much discussion,
the qu stion was taken on agr ciitg to said
r*. solution, and determined in the negative—
Yeas 37, Nays 37, the President voting in
ilnegative. Bo Mr. ]V el keeps his seat.
Wednesday, Dec. 14.
The committee on Agriculture and Inter
r i Improvi inont, maile a report, anil sub
i lifted resolutions, which was sgrhcit to, re.
ipiiringthe Superintendeiit of Poa: s, for tin
Eastern Division, to examine tiie several
nassways over Brier Creek, in Burke county,
mrit report to the next Legislature, what la
bor is in eesssrv torenib r passable that creek
At all necssary points; to examine into and
t port as above, the expediency and probable
i xpenseof building a br.dge across Flint Ri
% r, at the Flat Shoals; and to examine die
n. mils from the different pubi c ferries on the
.1 Itamaha, across the Swamps only.
PILLS PASSED.
To make null and void ail contracts made
an and entered into, in writing or otherwise, l>c
tvr een party or parties plaintiff or defendant,
an 1 attorney or attorney’s at law, where the
attorney shall fail or neglect to attend to the
stii tor suits when no or they contracted to
do in person or by some competent attorney,
in f line rendition of a judgment.
V'he bill to regulate the poll tax of this
Stat o, so fur as relates to our white popula
tion pay ing a i.tx, was rejected.
Thursday, Dec. 15.
BILLS PASSED.
I To create and make permanent a fund for
I the establishment and support ot’ common
school , throughout t!ie t-tatc of Georgia.—
[This Dili declares that after the surve y of the
territory now in the occupancy of the Chore*
kces, a li fractional lots under 100 acres there
in, shaJl be set apart for t!ie purpose of rais
ing a p rmauent fund for common schools.
The Senate agreed uiian mously to the re
port'of the committee Oil the State of the
Jlepul t c, as relates to the enforcement of
the law making it penal, under certain re
strictions, for white persons to reside within
the limits of the Cherokee Nation.
Friday, Dec. 16.
Mr. II trlow, Chairman of the committee
on the St ate of the Ilepulilie, with the diiec
tion of the committee to whom was referred
the Governor’s communication covering an
act of the State of \ T ow-\ork, presenting to
this State a map and atlas of New York, and
also three sets of a compilati m of her laws,
report'd, that “ with a view tliat Georgia
may c!ie> ifully reciprocate the attention of!
a sister f?U le,on an occasion like the present,
they heg Id uve to offer the following resolu
tion :
Beit repaired, That his Excellency the
Governor Ik* requested to have selected two
of the best, largest and latest maps of the
‘'tat , together w ith three srtts of Prince’s
and Poster ! Digests, and Dawson’s compila
tion of the laws of this State, of the best
editions,and cause thesame to he transmit
ted to the Executive of the State of Ncw-
York, at the expense of this State.
K solved, That his Excellency the Gov
< ruor he requested to direct the Secretary of
State to accompany tlu* same, with a copy of
thesi resolutions, < xpri ssiug th~ gratification
of this State for tin l attention of the State of
Now York, and a disposition on our part cor
dially to reciprocate on all similar occasions.
Agreed to.
Mr. Alls.’i, Chairman of dir committee on
Agriculture and internal Improvement, made
a r< port ori ■the report of S. I*’. Miller, tin
agent nppoir.ted to effect a full settlement!
w; it tin r liners of ;!jcO once Biver
~nv A. i! I■: v..! . A report was nndc
fro*.: fit -CV i.nitfl , oil Inc i: :>r;rl of V* ;:sh
• i.d.Fo- , it -t.t .< Gil with the o mud; -
.-io.iusoffXr.niduaie River he low Macon.
PILLS PASS U).
To ii.ci rjaw ii ■ ti e i’t .vn of Franklin, in
i roup ccwjiiy, cv■*.
Tu atiihi:.the -ommissioners of Colum
bus to . ~i'i --;ii ai .ri Company.
Furdu r to .mi nd the act incorporating the
Bank of tin: E..t. if Georgia.
To nii.r mi a.ul cmisolidatc the several acts
iiicorpuratirtg tiie town of -Macon.
RE FORT
Of the Judiciary committee, on the communica
tion if the (luccrtror relative to Hie Citation
frrui tl • Supreme Court, in the case of the
Missionaries.
Tin? •'•osiiiuiitec to whom was referred, t.ie
communication cf bis Excellency the Govi r
nor, fransmitti-uj' to the General Assembly,
cop! -i 1 or pti porting to be signed to
Henry Baldwin, Es one or the Justices oi
the Supreme Court the United States, ami
to he u < ,’itatian to 1 \ State c#( I ear*,
p- nr iii the Sts picnics Court on the second Mon
day in Sa.mary next, to stow cause befor;
that tribunal, why two several Judgments
! should noli)-* set aside, which have lately
1 becii r nder.u inti;e Superior Comt ct Hu
county of Gwinnett, against Samuel A. V. ur
ea sti r and Eliztir Butler, for a violation ol
an existing law of the State, commuted with
in iU-juns.iictioKal limits; also of a paper pur
| poriiiig to be a notice, signed by Y\ iilpun
i Wirt and Joint Seargont,c3 counsel for Satn-
I uei A. W orcester and Elizur Butler, inibrm
i mg ins Exceileimy the Governor, ofanm
i tended appheatton to the Supreme Court foi
a hearing on writs of error filed by said Wor
cester and Butler—
Beg leave to recommend to the General
Assembly, tiie adoption ofitie following reao
lllt ii>. :S, VIZ :
Resolved hy the Senate and, House of Rrp
rc.u:.itiiuivc of the State of Georgia, in (ie'Her
ai Astembly t;:e f , That the act of tin last L*-
gisLtur- , making it penal, to reside within
the limits of tin lands hi longing to the Stale,
hi the occupancy of the Cherokee liuii"ns,
without having taken a lie* use from the Gov
i riior, and witliout taking tiie oath to support
the Constitution anil laws of Georiria, uniii l
which Samuel A. Worcester and Elizut But
ler, wi reconvicted at the sitting of the las!
Superior Court of Gwinnett county, is not in
violation of either the letter or the spirit of tin
Federal Constitution:
That tin: State has right of civilifecrimin ;
jurisdiction over the* whole of the lands within
her chartered limits, and that her jurisdiction
does of right, extend to the persons and things
within these limits.
'1 h:-t “tin- powers not delegated hy the con
st i Union to the United States, nor prohibited
by it 10 tie.* States, arc reserved to the Slates
respectively.And that a right to iuterfer
with and control tiie criminal jurisdiction of
!!)■■ Stati s, has not been di legated by the eon
sbtution, to the United States or its Courts ;
me is t!m right of exclusive and final jurisdic
tion in all criminal cases, prohibited by tin
constitution, to the States.
That by the constitution of the State of
Georgia, final and conclusive jurisdiction in
rr niluai cases, is vested in tin: Superior
t aunts of the several ceunfi s of this State ;
and when tiu.se Courts have pronounced the
sentence of tiie law, no Court lias the right tr
r> hear,overrule and reverse their decisions .
nr in any way impede the execution of their
decrees
That* any attempt to reverse the decision
of the Superior Court of Gwinnett count., in
the case of Samuel A* Worcester and Elizur
Butler, hv the Supreme Court ol*the United
States w ill be held by this State, as an uncon
stitutional and arbitrary interference in the
administratios of her criminal laws, and will
be treated as such.
That the State cf Georgia will not comnrn
iinl her dignity, as a seven ign State, or so
far yield hi r i igiits as a member of the confed
eracy, r.s to appear in, answer to, cr in any
way become a party, to any proceedings lie
fore the Supreme Coert, having for tin ir ob
ject an vcrsal or interference with, the de
cisions of the State Courts in criminal mat
ters.
That his Excellency the Gourrnor be, and
he and every other officer of this State, is
hereby authorized and requested to disregard
any and every mandate, order, process, or de
cree, that has been or shall be served upon
him or them, purporting to proceed from the
chief Justice or any associate Justice of the
Supreme Court of the United States, for the
purpose of arresting or impeding the execu
tion of tin sentence of the State Courts, in
criminal cases.
That his Excellency the Governor, he and
he is hereby authorized and required, with
all the power and means placed at his com
mand l>v the Constitution and laws of litis
Stan ,to resist and repel any and every mva
s'on, from whatever direction H may conn? up
on the administration of the criminal laws of
this State.
DKii.VTK o.v Ttie: u.i.ii,)
| In Me Moure ot’ Representatives of Geor
gia, December 2, ISSI.
HOUSE OF REPRESENTATIVES.
The House being j ; , committee of the
whole o:i tile Land I. !!.
Mr. Fleming said, whatever view wc tak.
of this subject it is surrounded with and fficuliv
and danger. On the one hand, the wishes,
and perhaps the expectations of the people of
Georgia, are urging us to pass this act, or
some similar act; on the other hand, the in
ti rests of the State, and of the Cnion, c, II to
us to forbear. There is then this dill' r. ncc,
in tlie two motives that are acting upon us.
i’v vif Idieg to tlie one, we involve the Slab
i in difficultii s, from whieli she cannot extri
'•alc herself; by yielding to the other \w in
\e!ve our:-. Ives in difficulty, p m ay rest ns
iiur pepulmity, it mayee. t us our s ••its on this
dear, but when such was the n!t< rr.at'm , Mr.
I’ l>f hoped none would 111 sitati. Ib
hoped i ~ry member that heard him, was
willmir. m and more than willing, to be. made a
voluntary sacrifice to his country’s w< Ifare.
"I'he grounds upon which ! shall oppos. the
ineasures under consideration, said, Mr. F.
arc furnish.d me in the message; of our late
Tovcr.ior. in. .so . ■
ii tan ‘stale, t::e interests c; I
of the Smiiu,;::, amt at-."'’ I
opinion, i s>;i it* oceupv t;... '
ly p ml ‘i i tnspecd rn S i; <! ' I
Itavo miccceuMt in , u; p, ' ■
• caso * For intis true, that t*; :i ■
ithebt.tc is involved mth ci . ■
jquestion ; .fitis true, that ir wonu'V'B
iso tun interests ol' the ‘ J 'fl
pass tuss act, without viol. t;*. y t ' ■
t he. Indian?, and if public opim;,:, p ‘ ■
tiicii surely it is a measure thaiumn' I
be adopted. H
ll involves deeply tho d;arae<■
Mate. Hitherto, vvo Hue beenU‘ t U
our conduct to the 'ndlans. !, v u ■
to justice and humanity. hnv.*'! I
ijureii the Indian in his person, or hU-' a
| yv e have never gone into i o. .;, fl
lands, but by paying an i ijnivah-|
iiave given value rec ived, ier ;.j! ' jfl
Mess. _ Although the dispoaitlonTv
j to 1:n “ f,UJ ! t 'itu our treatm; m o fih,'
| we Have never furuishetl an op-wtunufl
j our condu •! for its indulgejicr. j.,. ,I
tation has been attempted, but v.' h !' I
i.'L't ii aide to ueteiui oursehi s if. J
■ simple fit at. merit of the truth. And ■
t.-nrimg <. ; .r Lvvsowr them, a cmMunJ
ihat ..as U< e:i represented as !ln act <• I
handed despotism, ue have stood justi ’
ion. the o;do ol Georgia, and oftjje l'l
if uv have subjected them to thcpcai t ;l9
our laws, v.e have also extended io thenH
protection, which those laws afford. At-" ■
public lias wisely decided, *hat if tlie r c I
tion is unsuited to the adin lustration f I
laws, then ought they to remove f 9
their jurisdiction, if otherwise, tiien /■
they to submit, for in that case, itcmib 9
lv he no hardship for than to hr gover.iuß
the very laws, by which vre arc oursciv'sß
etncd. \> c have thus in every ac ; laH
governed by a r gard to justice. ' limuj
now called upon in this bill, to abandon ■
nigW ground we have hitherto oceupir,! V M
subji ct. Wo arc called upon to act u..0:,l
pniicipl., that; ewer confer.- right. V.'c il
: the j.o ... i lo take tens land, mid to gvc
:our pei.pic by lottery, therefore we
do U. I lim a the amount of all die ra.H
mg, that can be urged on this stiljcct. I
j are V.e prepared to act u,.o:i this principle*
;.\ro wi prepared to give up that ckJ
! which wo have hitherto enjoyed, and
j w'o have rtciily merited, for justice an.; H
I inanity. Air. Ciiairman, tncre is
j ing tne fact, tins is the price, at wiiiiu ■
Hi ill is to i>o o:.mined. Our honor, oar
(•sly, our character as a State, is to be ml
I ' u'’ sacrifice. 'i’he circumstances under r. |
I uns bill passes, ii ,t does pass, proto it. il
passes, wuat will be the reason ! Alan?rl
sons no doubt will be assigned. V> siw I
doubt, have argument upon argtnae.gi ;. .1
oiakc the appeal to the bom sty and cai.f.l
j eve ry man in tins House, what will be ;f I
jre sou l \\ ill it not bo to gratify tii.it ...I
j ctous fortune hunting spirit, that prrvui I
| population; that spirit which has been iav.i. I
• nto being, and constantly foster c, m .1
cursed lott; ry systi in ? Wi cre is die* tal
auvocatiiig tb: ■ inil, who willdar. 1 wan. .1
no ! It tii.s bill passes, Air. i 'ia; ii,:i:.l
will not be to advance the interests oi
j .'state, but to gratify the popular wisii on ll
| subject. Tins wish siiould be respected,
| mail iias a greater regard f, r n than i 1::. I
| and when l can l'urth.-r it co. sistrntly ml
jmy duty, 't will be mv ha, piness toiio so; a
i vvdi not, i cannot iurtln r it, at the e.vgnl
jof national honor, of national honesty. 1.1
j '! to be an uuxiom, that national char.icar®
as important, and siiould be as carefully m
i served, as individual character. And i:l
| passing this law, we must abandon tlicgruuiß
i winch vve have hitherto occupied on timsuß
ject, and which is so honorable to us, (ind fl
j in abandoning this ground, it will Uitogruiß
fy tile meum st spirit, that ever actuated I
Human soul, 1 am compelled to set my kcl
against it. Many 1 know will be disappoial
id ii tins bill fails, tor many arc lireaminv a
sudden fortune, and of golden harvests. AIJ
; to how many will it be a dream,i vcaiftk til
! does pass. I
The interests of tlicl’nion, forliid the pi
sing of this bill, 'i hi I’risiderit has bitlit rtl
been with 113 in our Indian policy. In all 4:1
conduct, l c has evinced a strong desire, ll
gratify tin- wis .es of Georgia. lie is at prel
ent using all the means at ins command, i.
fulfil the compact of 1802. Shall we by is
ing this act, place him in opposition ton?
I- it not evident to every cm on I ins floor, t H
the t ill ct will lie to bring us in direct coni' 1
with the G< neral Government? home a,
lie disposed to rigard this as a matter of siw
moment; I run compelled to view ltd lii-TCi;
ly, for 1 see in it the rock, upon which ti
Union will split. It can .ot tint be evident!
every one, who has paid the least attention'. 1
tin history of our country, that the great dm.
gcr to the L nion urisi s lrom the collisica
that take place between the General am-
State Governments. It is consequ niiy, hw
duty of every man who wishes well ' l > '
j country, as much as possible to avoid th ■
collisions. >*o ; oon as any point of contc
I between th? two governments is disaou* .
Iso soon ought it to lie iv moved, that t.
! wheels of each may pass without stn ki it - ■
j Tins is our duty as patriots, and as men.
| then it is our duty, lo avoid these collide;'.
| how far, how very far do we depart front o'-
duty, vvh n we step aside to produce them.'
j !f froin any imperfection in the two systrn
lit y slioiii,! come in contact, it would he o
• duty as far as possible to corn ot it, oral n
| con'd he prevented by vieldin , it wouie •
i our duty to yield, provided we could ’
without giving iiji some \ ir.il principle, wit
out sacrificing some important interests. '
the pri sent inst. nee, the collision would
r sub from any impel fiction in the two
eri'rnonts, but from our own madness. '
; vvoultl ourselves create flic difficulty, aim ■
j v. rv difficulty too, which we are bound I ■
“that man holds and ar, or God counts h'".
to avoid, h avoiding it, we give up no I’ 1
ciplc, wi sacrifice n interests. Gn fity'j
frarr, we would he nr!v aneiug the frt•• 1,1
cets ftf the Stale, and the Union. ' ‘
not tlmt G • rgia is sovereign and F‘
flit, and may do wli.it sheplei-.-. a. ‘
not believe in In r sovereign’}' mere <U"
do. Fin? is sovereign, and when the *[ '
requires it. she w ill jflif hi rs h‘‘>p'