the hour, and the fatigue of the committee after a pro- [H. OF R. as a mere bounty, or reward of valor, place it upon one of the two grounds last enumerated; and of this class, if I have not been greatly deceived in my observation, are the most numerous and decided advocates of the bill. The gentleman from Tennessee [Mr. POLK] and the gentleman from North Carolina [Mr. CARSON] both placed it upon the latter ground. Belonging to that school of politicians denominated strict constructionists, they have found themselves compelled to insist that the clain rests exclusively upon an equitable construction of the provisions of the prize act. Both admit that if it cannot be sustained by that act, it is clearly unconstitutional, and therefore not in the power of the House to grant it. Let us, then, said Mr. C., on the principle thus assumed, test its constitutionality. It is claimed to come clearly within the equitable principles of that act; and if it is not found to come within those principles, its warmest friends deIn the prosecution of my remarks upon this subject, clare that it must be rejected, on the ground of its unconsaid Mr. C., I am happily saved from the necessity of stitutionality. Are gentlemen aware of the consequences occupying the vast field which has been embraced by dif- of this position? Sir, I think it can be demonstrated that ferent gentlemen, within the scope of this discussion, by the claim, as reported in the bill, for the benefit of Mrs. the able, eloquent, and powerful argument of my honora- Decatur, instead of according either with the equitable or ble friend from Massachusetts. I concur most decidedly legal provisions of the prize act, is in direct contradiction with him in most of his views; but I cannot subscribe to to both. It rests upon a broader foundation. How stands all. In my estimation of the liberality which belongs to the case? I waive the objection raised by the honorable the benign policy recognised by this bill, he is rather too gentleman from South Carolina, [Mr. BLAIR,] that the fricold and mathematical in his calculations, and does not in- gate was destroyed instead of captured; that she had never fuse enough of the warm blood of national munificence been brought into port and adjudged a good prize; and into his amendment, to suit the temperature of my views that, therefore, those who were engaged in her destrucupon the subject. It strikes me that the inconsidera- tion, could never be entitled to compensation, according ble amount proposed to be granted by that amendment to the provisions of the act of Congress. What though is altogether inadequate to the object, and inappropri- all these provisions of the act had been complied with? ate to the policy which alone can justify the adoption Yet, said Mr. C., I ask the committee, and I ask it fearof this measure. It is wholly unequal to the vast be- lessly, how can the enormous, disproportionate claim emnefits which the nation has derived from the splendid braced in the bill for the benefit of Mrs. Decatur, totally achievement to which it refers, and signally incommen- at variance as it is with the scheme of distribution presurate with the glory which it has conferred upon our scribed by the act, be justified by any possible, rational, country. I propose, therefore, by the amendment I or even tortured interpretation of the equitable principles shall offer, to appropriate an amount occupying a medi- of the prize act? What is equity? And what, let me um between that named in the bill and the one pro- ask, constitutes the legitimate basis of an equitable or posed by the gentleman from Massachusetts, and to direct chancery jurisdiction? And how do you give it vitality the application of that amount so as to embrace a suitable and operation, in cases bearing some affinity to the subprovision for the nieces of Commodore Decatur, towards ject under consideration? I answer, by carrying into ef whom that illustrious man stood "in loco parentis" at the fect the intention of the written and unwritten laws of the time of his death. land, with respect to the rights of parties, in cases where the laws are, in themselves, deficient in their remedies. Yes, sir, by enforcing the spirit and intention, and not by violating both the spirit and letter of those laws. Equity, in its true sense, is that spirit which constitutes the soul of the law; positive law is interpreted, and rational law enacted by it. Instead of being uncontrolled, it is bound by the law. Courts of equity are no less bound than courts of law to interpret statutes according to the true inten tion of the Legislature in their enactment. Both equally endeavor to ascertain and adopt the true sense, and neither possesses the power to alter, to enlarge, or diminish that sense in the slightest degree. Their powers are exclusively judicial, not legislative. The policy of the bill, and the different grounds upon which it has been advocated and opposed, have already occupied much of the time and talents of the committee. I have listened with great interest and attention to the various arguments that have been urged by gentlemen at different stages of the discussion, and I must acknowledge I have been much amused at witnessing the great number and variety of different routes upon which the friends of the measure have travelled, in reaching the same conclusions. Honorable gentlemen seem to agree perfectly in the expediency of the measure, but contradict each other "toto cœlo" in their view of the grounds upon which it is to be sustained. One gentleman claims its adoption as a merited donation or bounty, without regard to the provisions and independent of the authority of the prize act. Another, as a testimonial of our national admiration of the brilliant achievement which, in part, it is designed to commemorate. A third, in obedience to the great moral duty of the Government to provide for the support of the legal representatives of those who, while living, have rendered eminent services to their country. A fourth, upon the principle of an implied legal obligation imposed upon the Government, by the capture and destruction of the frigate Philadelphia by Commodore Decatur. And a fifth, upon the ground that the claim embraced in the bill comes within the equitable principles of the prize act. Those who deny the constitutionality of the measure Now, sir, what does this bill seek to do? Sir, instead of conforming either to the equity or letter of the prize act, it violates both, and strikes them to the dust. How? That act will tell you, that, even if all its requisitions had been complied with, and the capture by Commodore Decatur had been adjudged a good prize, yet he would only have been entitled to receive two-twentieths of the prize money, or (according to the assumed value of the frigate) 10,000 dollars, instead of 31,000 dollars which this bill would give him. How then can gentlemen insist that a claim for 21,000 dollars more than Commodore Decatur could be entitled to receive, according to the posi tive and unambiguous provisions of the prize act, can, by any possibility, be brought within the equitable principles of that act? Sir, the claim itself, if founded, as gentlemen H. OF R.] Claim of Mrs. Decatur. [MARCH 3, 1832. contend, exclusively on that act, becomes at once glar- The measure proposed by this bill, therefore, without the ingly unconstitutional, because it interferes directly with aid of the prize act, clearly and incontestably falls within the "pro rata" distribution of the prize money among the the scope of this general authority; and I would support officers and men of the Intrepid as prescribed by that act, it, as I would all others of a similar character, upon the and thereby seeks, in the exercise of a power forbidden ground of national expediency, and as a measure recomby the constitution, to impair or to destroy vested rights. mended by a just and enlightened policy. Such exhibiIf, then, gentlemen will fly from what they are induced tions of national gratitude and bounty find their sanction to consider the unconstitutional grounds of this claim, to in the history of every enlightened nation, and are calcuwhat they call the equitable principles of the prize act, lated to exert a happy influence upon our country. They let them have equity, and only equity-let them have awaken a lofty spirit of national feeling; they relume, and "justice and their bond;" but let them not take one far-redeem from "dumb forgetfulness," the glory of illus thing more than the law, to whose equity they appeal, trious actions, and are calculated to perpetuate, in the allows them. freshness of youth, the memory of our great achievements, and to excite and keep alive a chivalric spirit in the hearts of our children. But, sir, said Mr. C., upon this point, (I mean the constitutionality of this claim,) I feel not the slightest difficulty or embarrassment. Í am not one of those who, in the exercise of the monopoly of mental power delegated to me, as a member of this House, upon the great subject of national policy and legislation, feel willing to be bound up in the tight waistcoat of strictly literal constructions. I believe in the existence of an implied as well as an expressed power in the constitution. It would not be worth the paper on which it is written, if it did not póssess that power. Without the existence of that power, it must have remained forever a motionless machine, and could never have been, constitutionally, put in operation. Lest this general expression of my views on this subject, said Mr. C., should be liable to misconception or misconstruction, permit me to be somewhat more special in their delineation. The powers vested in this Government by the constitution are expressed only as to the great and general objects of its institution; among which the most prominent are, to provide for the common defence, to promote the general welfare, and to adopt such means as Congress may deem best calculated to secure to ourselves and to our posterity the blessings of liberty, and to perpetuate the integrity and independence of the Union. The particular process, the specified means, by which these general powers are to be carried into effect, and these great purposes accomplished, are necessarily left wholly undefined. Their specification in the body of the constitution would have been utterly impracticable. But the authority to prescribe this process, and to direct these means, is expressly delegated to the Congress of the United States. They are expressly vested with ample powers to select such objects and adopt such means as to them may seem most wise, to promote the great ends of the Government, and to carry into effect the several enumerated powers. In the exercise of this authority they are unlimited by any other restraint than that of the great landmarks of the constitution, the enlightened virtue and intelligence of their majority, and the all-powerful influence of public opinion. Under the operation of this restraint, fixed and immutable in its boundaries, yet never-ceasing and ever-active in its vigilance, the constitution is, and ever will be, safe. Occasional departures from its spirit may possibly occur, in the execution of that immense mass of legislation which the incalculably diversified wants, claims, and interests of the country continually impose upon Congress; but the frequent recurrence of popular elections places it beyond the power of any dangerous violation, or permanent abuse, by the representatives of the people. In this light, we owe the adoption of this measure to the present prosperous condition and to the future hope of our country. We owe it, as a testimonial of the deep sense of our respect for the memory of Decatur, and of our devotion to the interests and honor of the navy. But, above all, we owe it to the influence which its example will exert upon the enlightened patriotism and martial spirit of the nation. No republic, no country, was ever embarrassed or impoverished by such a policy; and it has been truly said, that liberality in such cases constitutes the true economy of public expenditure. Upon these grounds, with the proposed modifications, this bill shall receive my vote. I do not perceive, however, the necessity of deifying Commodore Decatur, in order to give a sort of divine sanction to the obligations of this claim. Sir, said Mr. C., we have heard much, in the course of this discussion, of the brilliancy of this truly gallant and glorious deed of that distinguished hero. Some gentlemen, in the boundless ardor and freedom of their imaginations, have associated it with the age of miracles, and placed it in the front rank of all other human achievements. In their glowing description of its grandeur in design, and sublimity in execution, there could be found nothing in the records of time, in the legends of tradition, or in the fictions of romance, that did not sink into tameness and insignificance in the comparison. In the light of its renown, even the fame of Washington grew dim, the laurel withered on the patriot's brow, and the undying glories of the revolution suffered a temporary eclipse! All the subsequent triumphs of our arms, on the land and on the sea, have been attributed to the talismanic influence and power of this example. Gentlemen must excuse me if I cannot go thus far with them in this brilliant and beautiful pilgrimage of the imagination. Without detracting in the slightest degree from the acknowledged merit of this splendid and heroie achievement, or wishing to extinguish a single ray of the just fame which it confers upon its author, I must be permitted to believe that there are other men, and other events, connected with the character and history of our country, at least equally entitled to the meed of eulogy, and the gratitude of the nation. Yes, sir, the eloquent discussions of another bill, yet undecided, have reminded us that we have still lingering on the earth, here and there, thinly scattered up and down the land, a venerable actor in that great drama-the bloody, yet triumphant tragedy of the revolu tion--which stands without parallel in the long tracts of time, looks down from its cloudless summit upon all Within the broad scope of this authority, every mea- other events, and mocks the loftiest flights of human sure tending to excite that emulation which leads to eulogy. To them, sir, said Mr. C., we are indeed indeeds of noble daring, every measure which is calculated debted, not merely for inscribing new honors, like Deto foster and enkindle a spirit of enterprise, and a patri- catur, upon the escutcheons of our country, but for creotic love of glory, as well as those which tend more di-ating and giving us a country; for unfixing the clenched rectly to promote the general welfare, and strengthen the bonds of the Union, constitutes, in my view, a fair and legitimate subject for the action of its supreme Legislature. grasp of the tyrant from our liberties; for laying the deep foundations of our national freedom; for raising up, as it were, from the dust, the gorgeous pillars and splen MARCH 5, 1832.] Georgia and the United States. [H. OF R. did edifice by which we are surrounded. Yea, sir, in places of peril for his country's glory, still survives, and the pure sentiment of my worthy friend from Louisiana, throbs in their kindred bosoms. The same blood which [Mr. THOMAS,] for giving us the right and the power to rushed to his heart, and braced his mighty soul to the exemeet and mingle in this Hall for the great purposes of na-cution of this glorious deed, (beneath the frowning battional legislation. tlements of Tripoli, blackened by cannon, and bristling To them, indeed, we are deeply indebted; and, do with death,) still mantles in the cheek, and flows in the what we can, we, and our posterity, shall, through all veins of those for whom, in behalf of the illustrious dead, future time, remain so. But on this subject I will not we plead. Sir, said Mr. C., let these cherished kindred, despair. From the generous feeling evinced, with re- these adopted orphan children of this great man, justly spect to the policy of this bill, by gentlemen who, on share in the honors and benefits of this bill, and I will go other occasions, have felt it their duty to oppose these for it; but reject them, and I shall be compelled, by an measures of national benefaction, I hail the certain suc-imperious sense of duty and propriety, to record my vote cess of that other bill, which will cheer the last hours of against it. the old soldier as he goes down to his resting place, redeem the nation from the long merited imputation of ingratitude and injustice, and reflect immortal glory upon the republic. Sir, I have said, and I repeat, said Mr. C., that the principle of this bill is recommended by a just and enlightened policy. It nationalizes an achievement which contributed, more than any other preceding it, to fix the naval character of the country, and to give the nation that confidence in the navy, and the navy that confidence in itself, which has enabled her to snatch the trident from the proud mistress of the ocean, to triumph over the boasted maritime invincibility of Britain, to elevate the naval character of our country to the highest pitch of national renown, and to fill the world with the glory of her victories. Policy, justice, gratitude, and national honor, therefore, demand this tribute. But, sir, if we pass this bill, let us pass it in a shape which, while it evinces our high sense of the glorious deed it commemorates, will confer a just, substantial, and uninvidious honor upon_the_name of Decatur. Let it not be marked, on the one hand, with the flagrant injustice of excluding a single individual of the gallant officers and crew, who aided in its execution, from a just and equal participation of its benefits; and, on the other, let us not confine its bounty exclusively to those who are aliens to its blood. Mr. C. concluded by moving that twenty thousand dollars be given to Mrs. Decatur, and ten thousand to the Misses McKnight; and, unless the latter were provided for, he could not vote for the bill; but the motion was decided to be out of order. The committee then rose, and MONDAY, MARCH 5. GEORGIA AND THE UNITED STATES. To the Senate and House of Representatives of the United That in 1791, and shortly after the organization of the Federal Government, a treaty was concluded between the United States and the Cherokee nation, by which the United States, in the seventh article of that treaty, agreed to "solemnly guaranty to the Cherokee nation all their lands not thereby ceded to the United States." That, by the sixth article of a treaty made between the same parties at Tellico, in 1798, the United States agreed "to continue the guaranty of the remainder of their country forever." That these treaties were solemnly sanctioned by Let us extend its benefits, not only to the wife of his the Senate of the United States, and by George Washingbosom and the partner of his glory, but to those adopted ton and John Adams; and that their stipulations have not inmates of his family, who were dear to him while living, been altered by consent nor impaired by the conduct of as the orphan children of his sister; and who are, now that the Cherokee tribes; that laws were duly passed by Conhe is dead, the legitimate heirs of his fortune and his fame.gress to carry into effect those stipulations, by one of Sir, said Mr. C., I will not stop to comment upon the which, dated March, 30, 1802, and approved by Thomas counter-communications of the petitioner, and the re- Jefferson, all persons are prohibited from making any inspectable nieces of Commodore Decatur. I pass over trusion upon, or surveying the Indian lands secured by the alleged fact, that the princely fortune bequeathed treaty, under penalty of $1000, and three months' impriby him to his widow has been improvidently squander-sonment; and the President of the United States is emed, and that the precious relics and memorials of his powered to enforce the observance of the provisions of country's regard have been distributed among Indian that act. Your memorialists further represent that the chiefs and foreigners. I waive all these circumstances, stipulations of those treaties have been faithfully observed, and throw them entirely out of consideration. It is and the provisions of the act of 1802 have been strictly enough to fix me in favor of my amendment, that with- enforced up to the year 1829; but that, since that time, out it, in my humble view of the subject, we outrage the persons acting by virtue of certain pretensions of the State very name and memory of Decatur; that, without it, we of Georgia, (first advanced within a few years,) have indepart from the spirit of the policy which dictates this truded upon the territory thus guarantied to the Chero measure; that, without it, we throw the entire sum of kee nation, dragged individuals belonging to that tribe to thirty-one thousand dollars into a current which will car-prison, and in various ways have violated their rights, in ry it away into the hands of those who are strangers to defiance of the laws and treaties of the United States. his blood, and aliens to his glory. How, sir, let me ask, Your memorialists further show that, in equal disregard said Mr. C., can we so forcibly and so justly evince our attachment and veneration to the memory of Commodore Decatur, as by the adoption of this amendment? If the spirits of the dead take cognizance of the actions of the living, what can we imagine would be more grateful to the mind of the departed hero than our kind remembrance of those who stood near to him in life, by the obli- Your memorialists further show that two American cigations of duty, and the ties of consanguinity, in the dis- tizens who have settled in the Cherokee country, with the tribution of this public bounty? These young ladies sanction of the Federal Government, and with a view of were his once dependent, cherished kindred. His pulse promoting its former humane policy of civilizing the abo which never beat so nobly as when rushing to the high rigines, have been arrested while peaceably residing of the obligations of the Union, and the rights of the Indians, by laws recently passed by the Legislature of that State, the Cherokee territory has been formally annexed to the adjacent counties, and provision has been made to survey the lands, and divide them among the citizens of that State by means of a land lottery. H. OF R.] Georgia and the United States. [MARCH 5, 1832. within their territory, and condemned to an infamous memorial in such a manner as it should think fit; for punishment, which they are now undergoing in a Georgia himself he could hardly say which course would be the prison, for no other offence than a refusal to take an oath most proper-personally he should prefer that it should of allegiance to that State, as a separate member of the go to the Committee on Indian Affairs, or to a committee confederacy. on the state of the Union, rather than to a select commit. Your memorialists further represent that no steps have the. The subject was one on which, but for the accidental been taken by the Government of the United States to circumstance of his having charge of this memorial, it had prevent these manifest violations of its laws and its trea- not been his intention to trouble the House during the ties, or to comply with its solemn guaranty: they would, session: very unexpectedly, however, he had a few days therefore, as citizens of the United States, and deeply in- before received a letter informing him that a memorial terested in the character of their common country for very numerously signed would be sent to the House, and humanity and good faith, respectfully but earnestly en- that it was the wish of some of the memorialists that it treat your honorable bodies to adopt such measures in the should be presented by him. Business had prevented his case referred to, as shall enforce the observance of the answering the letter immediately, as he had intended to laws of the Union, preserve inviolate the faith of trea-do, declining the honor conferred on him, and the memoties solemly executed, vindicate the constitutional authori- rial had consequently come on, directed to his care. ty of the Federal Government, and secure our national Under these circumstances, he felt it his duty to present character from lasting shame and reproach. the memorial to the House, and he had also considered it The memorial being read, Mr. ADAMS moved that it his duty to move its reference to a select committee. For be referred to a select committee. this, he had two reasons. He was well aware that subMr. SPEIGHT moved that it be referred to the Com-jects of a similar kind had gone to the Committee on Inmittee on Indian Affairs. dian Affairs, and his first idea had been that that would Mr. BELL, chairman of the Committee on Indian Af-be the appropriate committee; but, in addition to the fairs, observed that petitions on the subjects referred to precedents cited by the chairman of the Indian Committee, in this memorial had been heretofore referred generally [[Mr. BELL,] another had occurred of a more recent date. to a Committee of the Whole on the state of the Union; When the resolution offered by the gentleman from and it might perhaps be proper to give this the same di-Georgia, [Mr. CLAYTON,] in reference to the United rection. The gentleman from Massachusetts, in present-States' Bank, had been presented to the House, it had ing the memorial, had expressed no definite object which been proposed to refer it to a select committee, although he had in view in moving for a select committee; nor a full and complete reference of that whole subject had could Mr. B. perceive any useful end likely to be accom- been previously made to the Committee of Ways and plished by such a reference. He could, indeed, imagine Means, which committee had reported a bill recharter. a reason why the gentleman wished a select committee, ing the bank. Notwithstanding that reference, the genand that was an imagination that the standing committee tleman from Georgia wished a select committee, and that to whom these subjects appropriately belonged was hos- for a resolution which went to inculpate the Bank of the tile to the object which the petitioners seemed to have in United States, and proposed to make the conduct of that view. But he would appeal to the House to say whether institution, in some sort, the subject of a criminal inquiry. that circumstance, even if the fact were so constituted, There was something in the present memorial of an was a sufficient reason for the appointment of a select com- analogous character. It preferred a complaint against mittee. The various standing committees of that House one of the States, and that the very State from which had were presumed to be constituted as fairly to represent the proceeded the memorial against the bank. An incident various interests of the country. Nor could he forget which had recently taken place in another part of the that when this subject had on a former occasion been for- capitol, (the Supreme Court room,) presented to that House mally acted upon, the ground then taken was, that all and to the people of the United States the subject of this such memorials should go to the Committee on Indian memorial with a solemnity which had never before be Affairs. It was then maintained that a standing commit- longed to it. Possessing all confidence in the Committee tee of the House, and not a select committee, ought to on Indian Affairs, it had still appeared to him more approhave charge of them; and during the present session, so priate, under these circumstances, to move for a select much of the President's message as referred to the sub-committee. He had no more to say. ject of manufactures, and all the memorials on that sub- Mr. WAYNE stated that, for the very reasons given by ject, had been referred to the standing committee; and the gentleman from Massachusetts, in favor of referring Mr. B. well remembered some of the arguments brought the memorial to a select committee, such reference apforward by the gentleman from Massachusetts at that time in favor of such a reference. peared to him inexpedient, especially that reason which had respect to a recent decision of the Supreme Court. In reference to another subject, the gentleman had sup- The memorial went indirectly to reproach the State of Georported the same doctrine when so much of the President's gia with the course she had pursued respecting the Indians message as related to the subject of finance and of the within her limits, and also with the operation of her laws tariff was referred to the Committee of Ways and Means. upon particular individuals. If a decision had been given, Again, when the memorial in favor of rechartering the by which those laws of Georgia were declared to be unBank of the United States had come into the House, he constitutional, with what propriety could the House now well remembered that the gentleman from South Carolina act on the memorial before it, before the subsequent course [Mr. McDUFFIE] had taken a similar ground, in which he of Georgia should be known? He understood that a manwas sustained by the gentleman from Massachusetts among date had gone to the court below to correct its errors; others. He therefore could not see how the gentleman the reasons on which it was founded would soon be laid could now advocate a select committee, without contra- before the public; and though Mr. W. did not believe dicting principles before advanced by himself and his that it was the wish or design of the gentleman from Massafriends. For these reasons, Mr. B. was of opinion that if chusetts to throw into the scale of public sentiment a dethe memorial now brought in must take a direction which cision of the House of Representatives, by the adoption of had respect to future legislation, the Committee on Indian an elaborate report from a select committee, yet such it Affairs was the only appropriate committee to which it ought to be sent, and he therefore moved its reference to that committee. Mr. ADAMS said that the House would dispose of the was manifest would be the consequence of the motion he had made. Why should such a committee be raised? Was it for a select committee of that House to investigate what the Supreme Court might have done? Could it add any MARCH 5, 1832.] Georgia and the United States. [H. OF R. thing to what the court had done? Before the House pass- what they would think of an inquiry into the conduct of ed on the memorial, it ought to have the opinion of the the State of New York in sending off her Indians to Green Supreme Court before it; then they might see how far the Bay to freeze to death, after first taking away their domiaction of that court had fallen short, and in what respect nion from them. How would New York like it, should it needed aid from the action of that House. He put it to Georgia present a memorial such as had now been read? the House, whether such a reference as was proposed But he did injustice to that great and patriotic State. This would be respectful either to the General Government or memorial, he was confident, was not the act of that State, to a sovereign State. To give through the report of a but it would turn out, on investigation, to be the work of committee an ex parte statement of what were the laws of a few of her citizens who were dressed in black gowns; Georgia, of what had hitherto been done, and of what who professed to mister in holy things, and made many ought yet to be done in reference to the Indians within fanatical pretensions to superior benevolence, humanity, her limits. He trusted he had said enough to show that piety, love to the Indians, and all that; who thought that such a measure would be improper. But if further legis. Georgia had not piety enough-that she had not sufficient lation was needed, he would give the House a reason why regard to the principle of humanity, and who, therefore, the memorial should be sent to the Committee on Indian were graciously willing to take the State of Georgia into Affairs. That committee had the interest of the Indians, their holy keeping. The memorial proceeded from a few as well as the interests of the United States in reference pragmatical individuals who were disposed to be busyboto the Indians, under its peculiar charge; and it was for dies in other men's matters. If the House had any rethem to inquire whether Congress had done all in the spect for a sister State, a sovereign State, they would repel way of legislation, which it ought to do on that subject; such memorialists as these, they would throw such a meand if any thing further was wanted, that committee morial under the table, and not aggravate to a yet higher might present it to the House in the shape of a law, or of degree the feelings of a State already wrought up to a a report. As one of the representatives from the State of higher pitch than she could bear, and who only wanted Georgia, he was opposed to the appointment of a select the application of a match to blow the Union into ten thousand fragments; when there was not a State south of the Mr. CLAYTON, of Georgia, now said that it was not Potomac, which was not at this moment under the highest his intention to offer any disrespect to the gentleman who degree of excitement, whose people were not rising against introduced this memorial, as he believed there was no one oppression, and by town meetings and every other form of who cherished towards him a higher degree of veneration; expressing public opinion were endeavoring to bring the yet he felt himself at liberty to say what he was well con- United States to a sense of justice. Would that House vinced the people of his State would say were they per- consent to make itself the instrument of adding excitement sonally present, and that was, that the gentlemen who to excitement, till they should rend the Union to pieces? had drawn up and presented that memorial were doing A few steps more, and they would bring those States to a what they had no right to do, were meddling with what did condition like that in which the colonies were immediatenot concern them, and were acting impertinently in the ly before the rupture with great Britain. He warned, he presentation of such a paper. He was almost afraid to cautioned gentlemen; he would not stoop to entreat them. trust himself with such a subject, representing as he did Memorials like these could be got up at any time by a set half a million of the free people of the United States, and of deluded fanatics. Congress should look to the condiknowing the great indignity which they had lately receiv- tion of the old States, and not by a reckless and unfeeling ed in the pronouncing of a decision which he hoped and course provoke them yet further. He prayed gentlemen believed would be resisted with the promptitude and spi-to consider. He warned the House to proceed with prurit which became Georgians, and which he was very sure dence and consideration, and though he would not implore never would be executed till Georgia was made a howl-them, yet he earnestly warned them to disregard such a ing wilderness. As to the memorial, Georgia would treat memorial. committee. it as it deserved, with sovereign contempt; and for him- Mr. PENDLETON, of New York, said that the genself he did not care where it went, though he should sup- tleman from Georgia had great reason to distrust himself pose the most proper reference would be to the Committee in reference to the important question before the House, on Foreign Relations, since it seemed now to be settled He believed the House had seldom witnessed greater emothat the Cherokees constituted an independent foreign tion on a more inadequate occasion. The gentleman kingdom. The gentleman had referred to his resolution seemed to imagine that the petition which had been prewith respect to the bank, but there was a clear difference sented came from the State of New York. [Here Mr. between this and the question; it was expressly declared CLAYTON, speaking across, said he had corrected himin the charter of the United States' Bank, that when its self.] But it was no such thing, said Mr. P. It was a peaffairs were examined by the House, that task should be tition from citizens of the United States, who possessed by performed by a select committee. This was the reason the constitution a right which no gentleman there was why he had moved that his resolution should be referred competent to question, to present their wishes, hopes, and to such a committee: although the gentleman from Massa- opinions to the House of Representatives. What was the chusetts had said that the two cases were similar, yet he question? The memorial presented a statement of what should say God forbid that Georgia should ever put herself had been the law from the earliest period of our national on a footing with the Bank of the United States; and when- history until the present time-a law which was publicly ever she was so treated, he should always repel the attack. Georgia stood upon a coequal footing with the other States, and far, very far, above the speculating footing of the Bank of the United States. known in the nation, and which was sustained by the treaties of the United States, and by the constitution. Against which course of law, Georgia had assumed a jurisdiction which did not belong to her, and under the exercise of Mr. C. said that he had risen for the express purpose of which two American citizens had been committed to prison. showing his contempt for that memorial; and he would, Mr. P. asked whether there was the least portion or intherefore, move an amendment to the motion of the gen- gredient of novelty in the statements which the petition tleman from Massachusetts, which was, that this memorial presented. Was this a new attempt to resist the enshould be referred to a select committee, provided the croachments of Georgia? Far from it. The petitioners State of New York should first consent that a committee stood up for a law which, while this country possessed any of this House should be appointed to investigate the man- thing that could be called antiquity, might claim that anner in which that State had treated the Indians within her tiquity, having been coeval with the existence of the Golimits. He would ask the representatives from that State vernment. |