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9*A3P JKNMIW!NNBireito
iiUuaL ’>U REPRESENTATIVES, S.
March 5, 1832.
B&Htate •
On ihe reference of the Arte York Manorial
in behalf of the Cherokee s.
[CONCLUDED FROM OIK FAST.]
Mr. Davis, of Massachusetts, rose anti j
dr-sired the gentleman who had jjst resumed j
his scat (Mr. Drayton) to withdraw ins rno-j
you to postpone the further consideration ofl
the memorial for two weeks, that lie might.
japersode that motion hy another to refer it
to a Committee of the Whole on the State of
he Union, which would dispose of the mat-!
ter, for the present, as he thought, in a man- j
aer satisfactory to the House, lie also de-
the gentleman to withdraw his motion j
to give him (Mr. Davis) an opportunity to
make a few remarks, which would not be;
strictly in order upon upon a question to post
pone. [Mr. Druyton then withdrew Iris mo
tion to give place to that of Mr. Davis.] —
The latter gentleman then said, it is mani
fest, the topic undesdnscussion has iwaL ti
ed an unusual excitement, but for bimsedf
he did not participate in it : if lie did, he
should not have risen to address the Chair ;
for it was his purpose to allay rather than in
crease the feeling ; to recall the House to a
calm and tranquil state of mind, rather than
to sharpen irritation. He fully agreed with
the gentleman from No v York (Mr. Bcard
tJey) that the citizens of New York, and atl
other citizens of the United Slates, had a
right to come before this House by petition,
to spread before it their grievances and to
seek redress for public wrongs; and it was
the duty of the House to receive and dispose
of such petition's, in a manner which should
not ovine a disregard to matters deserving at
tention. He therefore, as this memorial was
respectful in its language, would look into it,
and see what disposition of it was called for.
It was signed by a great number of persons,
who represented that two citizens of the Uni
ted States had been immured in a Penitenti
ary of the State of Georgia, and were de
tained there without any lej.M authority for
sucha raeasur*. To understand this trans
action, he said it was occes-ary to advert to
some important facts connected with its his
tory. Someone or two years ago, the State
of Georgia passed a law extending 'its juris
diction over certain territory claimed by tin
tribe of the Cherokee Indians, subjecting all
who should violate the provisions of that act
to severe penalties. The persons named by
memorialists were found on that territory,
and were arrested, tried, convicted, and sen
tenced to the Penitentiary fora violation of
that act.
These citizens considered themselves as
severely, unjusty, and illegally dealt with, for
they held the act of the legislature of Geor
gia to be unconstitutional and void, and there,
fore applied to the Supreme Court of tho
United States to revise the doings cf the
Court in Georgia, by which they were con
demned and sentenced. The court, after
giving the case a patient and careful hearing,
and after giving to it the consideration which
its magnitude deserved, with but one dissent
ing voice, delivered its decision in this Capi
tol, on Saturday last, reversing the judgment
of the court in Georgia, and declaring the
act of the Legislature of that Slate, extend
ing its jurisdiction over the Territory of the
Cherokces, as unconstitutional ami void, and
a mandate, he said he was informed, had been
sent to the Court in Georgia to correct its,
error.
At this crisis, ami under this state of
filings, he said, (his memorial came into
this House ; at a moment when these two
citizens had obtained from the Court ail the
relief they sougiit for, u reversal of the judg
ment which would of course set them at lib
erty, unless the authorities of Georgia resis
ted the mandate of the Court.
Shall we anticipate resistance lo the laws)
find constituted authorities of the United
States ? Shall we take upon us to declare
what is the disposition of Georgia before she
has manifested it ? No. He said for him
stiff he would doit £ but would* presume that
the would, as a peaceable, orderly, and wcll
tiisposed portion of the Union, yield her
obedience to the laws, until he saw proof hv
acts of violence which indicated a different
disposition. In the heat of debate lie had
heard, he thought, someting like a threat, or,
an opinion, escape the lips of one gentleman,
that Georgia would resist; but he hoped, oi\
reflection, that gentleman would find occa
sion to change his opinion. It becomes, he
observed, this House, not to be moved from
the straight and plain path of its duty. l!
becomes us to act with firmness, but at the
same time with calmness and wisdom; and
be would put it to the House as a grave and
solemn matter for consideration, whether, un
der the circumstances when the law is appa
rently m a peaceful course of execution, we
should act at all ? He desired gentlemen, he
said, to appeal to their own understandings,
and he was sure tho response would be no.
IJe said, if, however, we are disposed to act,
what shall wc do ? The memorialists ask re
lief for the incarcerated citizens; but they
have sought and obtained all they demanded
in another way, of which the memorialists
are ignorant. We can therefore afford no re
lief; for, if the laws are executed, theso un
fortunate men will be at liberty before any
act of ours could reach them. The House
could do nothing, as he perceived, except
provide for a case of resistance ; and he would
not presume that any citizen was so unmind
ful of his duty, as to set the laws or judicial
decisions of our Courts at defiance.
In our country, we live under the mild,
peaceful, unerring dominion of the Constitu
tion and lawis and not of men. This is the
distinguished trait of a free Government;
Ibr the Constitution and tho laws are but th<‘
-expressed will of the great public. The
people of this country knew this, and have
always yield'd obedience and support totlicir
own commam-a. When thVa shall cease to
be the cage, wfccfi the CoaPtH'ittvu nd the
laws shall be disregarded, and ( lie opinions or
mfatu.it J men be taken as a guide, then
<v*bM farett I cfl ti the Uroublic, then
#•
will the liberties of the country perish. He;
would anticipate no such event, as within j
the scope of possibility; and would therefore j
make no provision for it. lie hoped the love
of peace and attachment to the Union would
prevail with Georgia, and that the people of
that State, like good citizens, would seek re
dress for grievances, without resorting to
acts of violence. At any rate, there will
be time enough to provide for the evil when
we arc admonished of its existence. All is
tranquil now, and it does not become us lo
be disturbed or disconcerted by fears or
threats. When the cloud shows itself in tlu
horizon, wo may prepare for the storm, but
not until then. The occurences of this morn
ing ought not to change our jtolicy; but we
should send this memorial, as we have all
o'hers upon this subject, to a Committee of
the W hole on the state of the Union ; not suf
fering it to be distinguished in anyway from
the others. And he concluded by saying,
Mr. Speaker, 1 make that motion.
Mr. Clayton then rose and said:
The very culm,mild,and enlightened course
pursued bv the lion, gentleman from Massa
chusetts, admonishes me to a similar exhibi
tion of temper. 1 shall endeavor to imitate
the gentleman in this respect: and l think
I can do it. When I entered the House this
morning, 1 did not expect to engage in
the debate which ensued. I did not even
know, for some time, what was going on :
(so that one thing is very certain, viz : that
whenever I may have sold, it was not from
malice aforethought.) 1 at length learned
that the gentleman from Massachusetts. (Mr.
Adams,) had presented a memorial from the
State of New York o:i the subject of the
Missionaries, and the Indians. 1 soon after
saw that the Memorial was not to take the
usual course ; and having the day before
heard of the important decision on the Su
preme Court, and now finding this Memorial
coming in on the back of it, 1 was led to bc-
I Sieve that Georgia was to be sacrificed under
1 all circumstances. Under this persuasion 1
j spoke with greater warmth than I should oth-
I cruise have done, or than was perhaps exact
ly proper. Yet fdo not retract what I then
said ; 1 cannot do so, because the sentiments
j I advanced arc grounded upon facts which 1
i know to exist : but I meant nothifig ofFen
| sive to any one. lamof a very ardent tem
perament, naturally: but gentlemen may
rest assured 1 have no disposition to treat any
of their measures with disrespect : (when I
think myself insulted I shall take care to tell
them so.) But I still think I was right; it
was my duty to represent what I know to he
the feeling of my State; and 1 should but
mislead the House were I to leave them to
believe otherwise. I represented the feel
ings of Georgia truly. 1 have too much re
spect for gentlemen to threaten them; foi it
has long been my opinion that the man who
threatens intend to do no more ; he only
means to bluff off his adversary and there it
ends, twill refer Tin,- House to historical
facts: and in doing so I shall at all times
claim the same independence on this floor as
is enjoyed in the British Parliament, where
the freedom of debate is greater than it is
any where else in the world. Amidst ihe
grave discussions which took place in Parlia
ment previous to the war of our revolution,
a member, in much the sairte state of feeling.
I was myself under, (though not quite so much
excited) admonished the House of Commons
to beware what they did as touching their
American Colonies—he reminded them that'
the Americans were a brave people, and I
have no doubt the people of Massachusetts
fully proved that they deserved his testimony,
and that the gentlemen fiom that Slate are
justly proud of the bravery she has ever dis
played. lie told the House to take care : he ]
warned them that they might go too far;
and that they ought not to urge the colonists,
to extremity. A certain Colonel (Grant)'
replied to that member, that with a single!
regiment of troops he could march from one i
end of America to the other anil crush all the!
rebels. Sir, I know it to be a fact, that;
Georgia is at Ibis moment highly excited, (al
though a gentleman has told us that all tilings:
are going on very smoothly) and I should be
guilty of a fraud on the South if 1 did not say ;
to that gentleman that he is utterly mistaken:
I tell him he is mistaken, if he thinks he can!
goon and march through Georgia, and crush!
the rebels—l say that Georgia will not sub-1
mit to the decision which has been made—l
say this publicly hero in my place. Let my
j constituents turn me out for saying it if they
! think I misrepresent them—l am willing to
! put the matter upon that issue—l say again !
| that my constituents will resist that decree,!
i and 1 desire that my words may be marked;
and remembered. Let me state to the House |
| a single fart—two white men, Georgians,!
were travelling from the Eastern towards the
j the Western part of the State, and their road
lay directly through 'tins Indian Territory—
they had guns with them, and as they'passed
the house where a white man lived, (for there
are many white scattered throughout the In
i dian country,) they were assailed bv a dog
! which flew out at them. The owner came
; to the door to sec w hat was the matter ; the
I traveller told him to call olf his dog, or he
| would shoot him, and after some altercation,
! lie did shoot the dog. The owner asked
j why he had been so treated, on which the
j other traveller, whose gun was still loaded,
answered “ damn you, I will put the load
into you, and he shot the man down. The
men were apprehended, and brought before
one of the judges of Georgia. On examin
ing the law, it was found that the Court could
not take cognizance of the offence, because
one of the articles of the State Constitution
declares, that all criminal offences shall be
tried within the country where they were com
mitted, and no provision was made for a case
like this, where the murder was perpetrated
on Indian land. The judges, however, being
unwilling to leave such an atrocity unpunish
ed, if it could be avoided, sent the men to
Savannah, before the Cir uit Cotut, where
tbe counsel of the prisoners moved for their
discharge, on (he ground, that the Federal’
Government had no cognizance of offences
within the States, save in those
'.'i.-a s <? *l-vvsly provided for by the Constitu.
tion, ad Inert; v* ugi i a;v 0 f t f, c (Jutted
States that could reach the case, the men J
were discharged for want of jurisdiction.— ■
Thus, one of the most atrocious murders tli
ever was committed, went entirely unpunish
ed. Such a case would, of itself, have been
sufficient to admonish Georgia, that some
thing should tie done. At the next meeting
of her Legislature, (in lSll,lthiiik,orlßl2)
that body believed that, as the Indian territo
ry lay within the limits of the State, and, as
all the other old States had done the same
thing, and, as the articles of cession ceded to
Georgia all the land East of a certain line—
[Here Mr. Merger interposed, and in
quired of the Chair whether this was in or
der, on a mere motion of reference I
The Chair replied, that the gent! nnn
was certainly taking too wide a range; but
the Chair had felt reluctant to interrupt him.]
Mr. Clayton resumed. Georgia, there
j fore, by her legislation, divided the territory
i into counties.
[Here Mr. Mercer again interposed, and
called the gentleman to order.
The Chair said, the gentleman must con
fine himself to the question of reference.]
Mr. Clayton proceeded, Georgia went
on,and divided the territory into counties;
ever since w hich, the courts have had crimi
nal jurisdiction, and they now punish crimes
committed by white men upon the Indian
lands. There are two men now in the Peni
teniary for stealing horses from the Indians.
I could enumerate many cases. Nojnan has
a greater regard foi tiiojust rights of Indians
than 1 have, f question whether these who
profess so much pious regard for them have
dune as much to guard their rights, and pro
mote their happiness. In fact, l have made
myself a sacrifice on their behalf. I have
known white men whipped for offences they
have committed against the Indians, anil
some, I believe, have even been executed.—
j Now, lei me state another fact. It was but
! the other day, tliM a white citizen of Geor
gia, residing in the settled part of the State,
j hired a horse from an Indian to go to a cer
tain place named. On arriving at the place,
lie found that it would he necessary for him
;to proceed five miles farther. He did so ;
hut, when iic got to that place, lie was told
that lie had subjected himself to the punish
ment of horse stealing. On hearing this, be
was alarmed, and immediately tried to re
turn; but the Indians pursued and took him,
and immediately adjudged him to receive fifty
lashes. Five different individuals were ap
pointed to inflict the punishment, ten lashes
at a tune. The man was fastened to a tree,
and, as lie believed, suspended to it, for be
was not conscious that hi! feet touched the
ground. When the first forty lashes had been
inflicted, he cried out, and begged for mercy,
beseeching them to dispense with the re
mainder of his punishment; hut the savages
were perfectly inexorable, and proceeded to
! administer the additional stripes, till their
1 w rota hod victim fainted under th-un. And
such was the course they would pnrsure,
w henever they got an opportunity, against
every Georgian they got in their power. In
tiie name of Heaven, is not Georgia to pro
tect her ei izens from such usage upon her
own territory ? Such oppression was worse
than that of \crrcs, and, if Georgia could not
restrain it by her laws, the Indian territory
must speedily ami inevitably become a den of
thieves and murderers. No man could go
through it without running the risk of his
cars,of stripes, and even of death itself.—
And was I wrong then in saying that Geor
gia would not submit to have these laws an
nulled ' Mill she not rather give up your
union? Do gentlemen believe that the peo
ple of Georgia will subinitto be scourged by
savages ? This, sir, it was that excited me.
I know the condition, and 1 know the temper
of that State. The Governor of Georgia,
on receiving a late citation from the Supreme
Court to appear before it, sent a message to
the Legislature, stating that he should resist
it by all the means at his command. Said
the Legislature in reply, “ We will stand by
you.’ Said the people to the Legislature,
“We will stand by you.” Sir, this is no
fiction. lam relating no dream, no tairv tale,
hut literal truth ; and I allude to it as an ad
monition to this House. And when you re
member that Georgia, in relation to other
grievances from this Government, stands close
ly connected with two States of this Union,
and in another respect is as closely connected
with six more States ; when you remember
the high state of excitement which prevails
through all the Southern country, where it is
as much as the magistrates can do to restrain
the fury of the people, will you then consent
to send this memorial to a Select Committee,
to aggravate them yet more ? I warn gentle
men to remember that the Revolution com
menced by a snow-ball. Georgia says to the
other States, How would you like to he treat
<([ in tho sumo manner ? All the Northern
States treat the Indians as they please. They
appoint guardians over them as they please.
They punish them as they please. They re
move them as they please. But to Georgia
they say, You must not do so. Sir, this peti
tion should lie on the table; it should not be
considered. What, sir ! will this House re
solve itself into an inquisition, and inquire
into the conduct of sovereign States, at the
call of any individual who may petition them ?
This, I suppose, is a precedent ; and next wc
shall he memorialized, praying that Congress
would take under its most gracious and pious
care the States generally, and would proceed
to inquire what they are doing, and what they
have clone. Such a power was proposed
when the Constitution was framing; but it
was refused them ; and shall it he taken now?
Sir, suppose this memorial had prayed this
House to consider, and to inquire why Geor
gia should not he stricken from the roll of the
States. Who is here that would vote so
much as to consider such a petition? This
memorial, to he sure, does not exhibit the
same degree of impertinence, vet it pro
ceeds upon the same principle. The State
of Georgia might as well petition that the
House would inquire into the condition of
tin* other States. Sir, if nucha petition was
suit to me from my constituent", I would noi
present it. t would s *nd it hack, and say to
my constituents—You have nothing to do
with the concerns of another State; if her
I citizens have grieved you, go to the Supreme
Court. Sir, until the Union is actually in dan
ger, and we are informed that the laws can
not he enforced, this House should r.ot act on
such a petition, it is the suiie thing as say
ing to Georgia—-We expect you to revolt,
and we are ready for you. I ask gentlemen
whether this is not‘calculated to raise the
flame still higher ? If Georgia is so mind
ful of tiie gryat benefits of this Union as to
be at a stand, is not this calculated to stirnu
i late her to leave it? What is it but to say —
j We believe that the act we have done should
! lead you to resist, and we are ready for you ?
Such at least is my view of it. Perhaps 1
was too warm in my feelings and language.
If so, I apologize to the House by saying that
l meant no disrespect.
Mr. Camurelexg, of New York, said lie
hoped the House would accede to the motion
of the gentleman from Massachusetts. He
considered that motion as hr effect the same
with a motion to lay the memorial on the
table. Indeed, the memorial would be near
er to action of the House jf it lay on the table
than if it w as referred to a Committee on tiie
state of the Union. Mr. C. had himself
made the motion to lay on the table, nor
should he now have said a word respecting
It, but for a remark which had fallen from
the gentleman from South Carolina (Mr.
Drayton,) who had observed that it would
not be respectful to the memorialists to take
such a course. Mr. C. had too much re
spect for the 91 members of the House who
had supported hi3 motion, to suppose that
they had any intention to treat these memo
jialists in an uncourleous manner. Gentle
men should remember that at the time the
memorial was got. up, it was not known what
the decision of the Supreme Court would be.
That Court had since made a decision, which
in fact rendered this memorial a nullity, and
he therefore supposed that the only order the
House could take respecting it was to lay it
on the table. If, however, gentlemen pre
ferred to send it to a Committee of the Whole
on the state of the Union, and lent be buried
there, (for such would be the result) ne had
no objection. lie could not imagine bow
the House could act upon it, without an
impertinent interference with the Judiciary.
Mr. Doddridge, of Ya. said he should
vote for the reference now proposed, though
he should have prefered having the disposal
of the memorial deferred until the House
should hear from Georgia. Two or three
weeks would be sufficient to bring that in
telligence. He understood that the Superior
Court of Gwinnett county (whose decision
had been reversed) would sit on Monday
week. There was, therefore, time enough
to know whether the mandate of the Supreme
Court would be respected there or not. lie
rose for a very different reason from that
jsrivenby the gentlemen from New York.—
He thought that the memorial would be more
within the grasp of the House, if sent to a
Committee of the Whole on the state of the
Union than if laid on the table. The House
could go into Committee at any time, and
take it up at pleasure. He thought it would
be wrong to submit it to a Select Committee
because that would look as if the House an
ticipated that resistance would come from a
quarter whence it ouqpt not. He entirely
agreed with the gentleman fromGeorgia,(Mr.
Clayton) that when threats come from any
quarter, little else is to be excoj ted, and i’f
that gentleman’s whole speed) did not consist
of that, aikl of an invitation to the people of
Georgia to rise in arms, he did not know
what it was.
Mr. Clay, of Alabama, said, that before
the question should be taken, lie desired to
submit one or‘two remarks. It was true that
the complaint and the memorial seemed to
bq directed exclusively against Georgia, but
it was due to the House and to candor to say,
that, the question involved Alabama quite as
much as it did Georgia. lie might go farther,
and say, that it also applied to .Mississippi ;
nav, he might proceed farther still, and ob
serve, that the memorial called upon Con
gress to wage war on all the Soutlu rn .States.
And for what? For exercising sovereignty,
ami the right of jurisdiction within their own
chartered limits. He did not object to the
memorial being sent to a Committee of the
Whole on the state of the Union, if it was the
desire of gentlemen, when so many other
exciting subjects were already before the
House to go into this also, be it with the ma
jority ns they pleased. As regarded the pro
vince of that House, there was nothing in the
matter for its legitimate action. The°House
was not a judicial tribunal, and in what other
character could it be applied to ? How could
a case for its action be made out ? Did the
memorialists pretend that the existing laws
required modification? Not at all. Was
that House called to co-operate with another
branch of the government ? Was it to Con
gress that appeals were to be made to carry
the decisions of that branch into effect ? It
was not. Was it shewn that any of the Ex
ecutive ofCccrs_of Government had failed to
do their duty? It was not. llow then could
the House lie called upon to act ? And how,
he asked, did it happen that a memorial like
this should drop into the House on the very :
first day aft. r the decision so triumphantly
alluded ! 'i’his was not a decision for him to
decide. He saw no practical purpose to he
answered. It was usual for memorialists to
have some definite olyect in view. Hut was
any such thing pointed out by this memorial?
Did the petitioners recite any matters which
required the action of the House? The
memorial did indeed refer to certain treaties]
which a portion of the people of New York
undi rtook to decide, had been violated. If
the charge were true, was this the tribunal
to appeal to? Congress did not sit to execute
the laws, but to enact them. How happened
it that at this particular moment such a ques
tion should be presented ? He believed that
there were persons both in that House and
out of it, who very well understood the ob
ject.
Mr. C. stated that Alabama had also been
impelled to legislate .over the Indians, by
causes similar to those which had operated iii
Georgia. He had himself witnessed the dis
charge of a murderer thief, for want of
jurisdiction over the Cherokee country, and]
as the gentleman from Georgia had truly said, i
the Indian country, if left without laws, would I
be a den of thieves, murderers, and out-laws
of all kinds. Was that a state of things to he
submitted to by any people ? It was not.—
And Alabama had gone just: s far iu legis
lating for the Indian country as Georgia had
done.
Mr, Dorm ridge here called tho gentle
man to order.
The Chair admonished Mr. Clay to con
tinue himself to the question of commitment.
Mr. C’lay resumed and olwervetl, that the
gentleman from Virginia (Mr. Doddridge,)
j had been himself more liable to correction,
I when the gentleman in lus speech had at
tempted to hold up this memorial in terrorem
over the beau of at lc-st one sovereign State
and hy consequence over tw o others who were
in a similar situation. The gentleman talked
about threats, yet he had himself held up a
rod in terrorem, and shaken at every State
who had Indians within its territory. When
the gentleman interrupted him he had been
endeavoring to show that Alabama was guilty
ot the same sort of legislation as was com
plained fin Georgia. In the organization
of the Supreme Court of Alabama, the very
first question raised involved the right of
jurisdiction over the Indian country, and to
show the dreadful dilemma that would follow
from a State exercising its own rights, he
stated the fact that a white citizen charged
with the murder of an Indian, had been tried
and convicted by the unanimous decision of
that court and executed. Thus Alabama
consigned to the scaffold one of her own r.iti
| zens, in rindicationof Indian rights. These
| were facts he would vouch for, and seeing
:thc Representatives of a sister State made
j alone tiie object of attack, lie could not re
frain from making the statement.
II(' would not go into the' question 33 to
the right possessed by Georgia and other
States and at the South to exercise
the same power with the remaining States
of the Union, nor would he undertake
to say what change of circumstances had led
the Representatives of those States to a
change of principles. Should the question
come lip, terrible as some gentlemen Ihink it,
he trusted they should be prepared to meet it.
Tins memorial came from a situation almost
the farthest removed from the State where the
alleged evils were said to exist. It came
lrom persons who were intermeddling with a
distant State whose affairs they knew nothing
£ for whose happiness they seemed to care
as little, 'flic discussion, should it be piess
' (!, would have us little for him as for anv
other gentleman.
Mr. Britons, of Rhode Island, now rose
to address the House, but his opening re
marks could not be heard at the Reporter’s
seat.
W hen heard he was observing, that altho’
{ gentlemen might entertain very gloomy ap-
I preb - ions, yet he trusted that every friend
i to this. Union would meet with calmness anv
j crisis that either might truly come, or that
j live only in their fearful imaginings. He
] felt neither alarmed nor agitated. The most
deliberate and systematic attempt had been
made by the opponents of a Select Committee
to practice upon the fears of that House.—
; To him it seemed to be the intention of some
1 gentlemen to impress the House with the idea
! ‘hat not only one, hut that two other States,
. w ould openly resist the laws of the Union.—
i frl* bound, however, hy facts within Ins
own knowledge, to believe that the people
ot iliose States, felt none of that disrespect
and that studied malevolent contempt for the
laws of this Union, which it was pretended
] they did feel. He would not believe it,
altiio’ fifty witnesses should swear on the
j J{ol y Evangelists of Almighty God that Gcor
gia would thus regard her own plighted faith.
. He should believe they were deluded—he!
would believe any tiling rather than they 1
! spoke the truth." For what State in this
! 1 nion had received more benfits at the hand
iof this Government than Georgia? When
had but a handful! of inhabitants : not i
more than twenty thousand at the time of the
Revolutionary YVur; and tho’ she had never
sent more than three or four hundred soldiers,
to the Army of the Revolution, and for three
years none at all, alill she was protected by
the arm ot the Union from the power of these
red men whom then she dreaded, tho’ now
she despises them. Since he had been a mem
ber of that House, Georgia had been paid
large sums merely for having defended her
self against these Indians. When the coun
try came triumphant out of the Revoluiion,
at the time when Virginia with a liberality
not to be paralleled, surrendered up her im
mense Western territories for the public good,
and when New York, with liberality scared
ly inferior, gave up an empire to "pay the
debts of the War, Georgia refused to follow
the example. She was entreated to relin
quisli the land which had been won not bv
the sword of Georgia, but bv the valor and
the blood of other states. She refused to do
if. Ihe state retained the territory within
her grasp, and when the pre-emption rmht
was at length yielded, it was at the expense
to the Union of many millions of dollars
l As ,he ,a * a "d die Constitution obliged them
to do. they sold the pre-emption right ou
condtion of the payment of a million and a
quarter of dollars, the discharge of the claims
which previous putchasers had upon them
for monies advanced, and the extingjHsh
ment of the Indian title. They had since
received the whole equivalent in money,
and, to an amount in ail of twenty-five mill
j ions of dollars; they now had it in posses
sion, under a oontraoii made but twenty-four
days after die passage of what was called the
intercourse law. Georgia had received her
twenty.fivq million# from the Union : and
would any gentleman make him believe that
that State, m violation of all justice and of the
law s of the Union, w ould set the Government
at defiance? Would ah* break the agree
ment while she held the consideration on
which that agreement had been made ? He
would never believe the calumny. He said
nothing about Alabama or Mississippi. Tf r
believed there were many men faithful
and true in all those States—men actuated
by!icn*blo spirit of true |>atrir+wm ; a*:di
wlio would consider such j„ as* Tti „
foul reproach to their name. 1 " Us -
A gentleman from the Slate „r
had told the House that c|,< • A ' ,bilWri
in the mine cause, and wkatevc^fh"’ rket *
might do with regard toGeonrl, If ,' msc ‘
at tno same time against her* \ \
Mr. B. said, it was not so. \'or ..... ■ ‘
On , he contrary tJ'f'
lair to snd the memorial to a C,U " S bl;!
the Whole on the state of tho l r,
CnitalStM,, licld a rod ovrrni'C. n
referred, to see the effect of t| lo ,hus
! l.eSr, F e r <M,,, tll! :4 i^'*r,
(or this. It waited not in hope, hut i ?
P-Tlcct assurance that Georgia would and f"
duty. Itwasno violation of herto w h ' r
to aostain from carrying into effect an
sentence against the missionaries. fl
merely the fulfilment of her own , 1
agreement. The House had evervv 1
that Gooigia would do her d„,v7 ? L ?fJ
Memorial, then, goto (be Commitsti 1
and might he called up at any time. ’ ‘ C,I I
He could not hut deeply regret *W i J
gcutlenwin Irom Georgia had broached 1
subject with that fury of spirit tho , 1
turns of which the House had w itnes , 7 I
Ilian once. Mo could not ,H
gentleman as to the ma-mer in *h' i
Memorial should be treated. Wjm '' I
Ins fellow members stood in that House £i
d.d not stand on an eminence *> high, „ r \ J
hind a shield so impenetrable, as to esc.vj
he “ f or remonsSm!
trom the most inconsiderable or humble oiti
sen. Ibe gentle-nan might think that 1 1
dwe t too farm the region of the sun t„ 1
reached by the cold and icy coin, .hunts of t |,J
•North. But a citizen of these I, Sun,, J
whatever portion of the Union be might live!
was entitled to be heard in that itoi if J
addressed it in respectful terms. f cr ■
gentleman to call a request, so exnressd
anu so presented, an act of impertinent
was departing far, very far, from that h„ J
d-gn.ty with which every gentleman or, ti l
floor hud been entrusted by his constituc. 1
Jo turn about, and to make him wi.o col
plains the offender, was a species of equivoj
non which lowered the gentleman in the tJ
sencc of the whole American people. Ail
gentleman who treated a petitioner inj
manner, mistreated himself, and in so do,I
lie was very sure the gentleman misreprescl
e<l his constituents. Georgia, be was 1
assured, would not do so. The Lcgidatl
ot Georgia herself would have treated a fl
speetfui Memorial from any citizen, bowel
humble, it not degraded by vice, with 1
spect. 1
j . I lie citizens of Georgia had been call
| high minded and chivalrous, and they k
I deserved to he so designated. But, wot
a high minded and chivalrous State tr at m
contempt and contumely any one who no
the form of human nature ? Never.
,he gentleman, in the name of Georgia, k
done this. The people of Georgia, wh
not the hot-headed inconsiderate people til
tiiat gentleman represented them to be.
uas not a specimen o( tLio OoorG’ia cliaract
tliat that House had before it. lie confide,
ly appealed to the House whether there J
any thing in the conduct of the other me]
bers of die delegation from that State ton]
rant the belief that that gentleman had git]
to the House of Representatives a fairs,]
men ot the temper or the manners ot'Gci
gia. He should be sorry to think so. j
would not believe that Georgia felt a9
gentleman represented, nor that she ivoa
treat tins Union, and the sacred bond whi
held it together, in the manner that that gtl
tlem.in j .leased to suppose. Nor would si
treat the opinion ot the Supreme Court oftl
Lnited States with that “sovereign con teia
he seemed so much pleased to anticipal
Ihe decision ot the Supreme Court, tl
! House hail been told, would be contemn
. by the well educated portion of the people
Georgia. Sir, the lawless Bedouin, who In
upon hi# sword—who tracks the traveller
j ver the Arabian desart, and mingles with I
j sand the blood and the bones of 1 whole c*
| vans, would, when made to understand
meaning, pronounce the neiue of Aiun
ver tins mandate, and acknowledge its ji
tice. Pirates of every sea, while they my
every hour violate its principles, could t
treat with contempt its dignified and sso
requirements. The bravo, the very bird
ot blood, would look at the high and holt
junctions of thtsjudgement with that awei
feartuincss which, even when plungi
the dagger into tin; bosom of bis victim, 1
come over his spirit, if memory bring to
ear the mandate of the Fternal, “Thou si
do no murder!” No, it was not-in mol
man to treat a written decision of that C<
w ith deliberate contempt. W hen ihv gen
man from Georgia said that his own Sstß
would do it, iie suttl that which could not ■
and which none could believe.
The gentleman has said that the State
Georgia would treat not only the decision
the Supreme Court, but any proceeding
Congress on the same subject, with soven l
contempt. Georgia treats the Congress of
United States with confepipt ? What is
gross ? Individually iu members may
nothing; hut the Constitution had clod
them w ith high apd commanding atlribut
Congress might have its spots, and its Ido'
cs, aryd its diseased members, b ut c(l '
could not hut respect the constitutional 3
of Congress. Did she not send to this Ho'
her most respected mefi; and when it 1
their voices, the State comes before it
consideration which it could not itf
tain, No, he never wqiild beljcvc that (>-
gia would insult either that House, or
ica’s supreme judicial tribunal. It might
be necessary lor Congress to do any thing
reference to this matter; yet, it might hoc®
necessary for it to do every tiling. U® trt
ed, however, that any action ofCong rcßS
the subject would not be required.
ed that tho generous and cnlighted Sot
w ould not trample on the cowi.ion post.-n
nor cut itsclt loose from the common h° !i '|
brother!moil. Should |