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the territory of the Cherokees, as unconstitutional and void, and a mandate, he said he was informed, had been sent to the court in Georgia to correct its error.

At this crisis, and under this state of things, he said, this memorial came into this House at a moment when these two citizens had obtained from the court all the relief they sought for, a reversal of the judgment, which would of course set them at liberty, unless the authorities of Georgia resisted the mandate of the court.

[H. OF R.

When I

tleman in this respect; and I think I can do it. entered the House this morning, I 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 whatever I may have said, was not from malice aforethought.) I at length learned that the gentleman from Massachusetts [Mr. ADAMS] had presented a memorial from the State of New York on the subject of the missionaries and the Indians. I soon after saw Shall we anticipate resistance to the laws and constitut- that the memorial was not to take the usual course; and ed authorities of the United States? Shall we take upon having the day before heard of the important decision in us to declare what is the disposition of Georgia before she the Supreme Court, and now finding this memorial comhas manifested it? No. He said for himself he would not; ing in on the back of it, I was led to believe that Georgia but would presume that she would, as a peaceable, order- was to be sacrificed under all circumstances. Under this ly, and well-disposed portion of the Union, yield her obe- persuasion, I spoke with greater warmth than I should dience to the laws, until he saw proof by acts of violence otherwise have done, or than was perhaps exactly proper. which indicated a different disposition. In the heat of de- Yet I do not retract what I then said. I cannot do so, bebate he had heard, he thought, something like a threat, or cause the sentiments I advanced are grounded upon facts an opinion, escape the lips of one gentleman, that Georgia which I know to exist. But I meant nothing offensive to would resist; but he hoped, on reflection, that gentleman any one. I am of a very ardent temperament, naturally; would find occasion to change his opinion. It becomes, but gentlemen may rest assured I have no disposition to he observed, this House not to be moved from the straight treat any of their measures with disrespect; (when I think and plain path of its duty. It becomes us to act with firm- myself insulted, I shall take care to tell them so.) But I ness, but at the same time with calmness and wisdom; and still think I was right. It was my duty to represent what he would put it to the House as a grave and solemn mat- I know to be the feeling of my State; and I should but mister for consideration, whether, under the circumstances, lead the House were I to leave them to believe otherwise. when the law is apparently in a peaceful course of execu- I represented the feelings of Georgia truly. I have too tion, we should act at all. He desired gentlemen, he said, much respect for gentlemen to threaten them: for it has to appeal to their own understandings, and he was sure long been my opinion that the man who threatens intends the response would be, no. He said, if, however, we are to do no more. He only means to bluff off his adversary, and disposed to act, what shall we do? The memorialists ask there it ends. I will refer the House to historical facts; relief for the incarcerated citizens; but they have sought and, in doing so, I shall at all times claim the same indeand obtained all they demanded in another way, of which pendence on this floor as is enjoyed in the British Parliathe memorialists are ignorant. We can therefore afford ment, where the freedom of debate is greater than it is no relief; for if the laws are executed, these unfortunate any where else in the world. Amidst the grave discusmen will be at liberty before any act of ours could reach sions which took place in Parliament previous to the war them. The House could do nothing, as he perceived, of our revolution, a member, in much the same state of except provide for a case of resistance; and he would not feeling I was myself under, (though not quite so much presume that any citizen was so unmindful of his duty, as excited,) admonished the House of Commons to beware to set the laws or judicial decisions of our courts at de- what they did as touching their American colonies. He fiance. reminded them that the Americans were a brave people In our country, we live under the mild, peaceful, uner---and I have no doubt the people of Massachusetts fully ring dominion of the constitution and laws, and not of men. proved that they deserved his testimony, and that the genThis is the distinguishing trait of a free Government; for tlemen from that State are justly proud of the bravery she the constitution and the laws are but the expressed will of has ever displayed. He told the House to take care; he the great public. The people of this country know this, warned them that they might go too far, and that they and have always yielded obedience and support to their ought not to urge the colonies to extremity. A certain own commands. When this shall cease to be the case; colonel (Grant) replied to that member, that with a sinwhen the constitution and the laws shall be disregarded, gle regiment of troops he could march from one end of and the opinions of infatuated men be taken as a guide, America to the other, and crush all the rebels. Sir, I then may we bid farewell to the republic; then will the know it to be a fact that Georgia is, at this moment, highly liberties of the country perish. He would anticipate no excited, (although a gentleman has told us that all things such event as within the scope of possibility, and would, are going on very smoothly,) and I should be guilty of a therefore, make no provision for it. He hoped the love fraud on the South if I did not say to that gentleman that of peace and attachment to the Union would prevail with he is utterly mistaken. I tell him he is mistaken if he Georgia, and that the people of that State, like good citi- thinks he can go on and march through Georgia, and crush zens, would seek redress for grievances without resorting the rebels. I say that Georgia will not submit to the deto acts of violence. At any rate, there will be time enough cision which has been made. I say this publicly here, in to provide for the evil when we are admonished of its ex- my place. Let my constituents turn me out for saying it, istence. All is tranquil now, and it does not become us if they think I misrepresent them. I am willing to put to be disturbed, or disconcerted by fears or threats. When the matter upon that issue. I say, again, that my constithe cloud shows itself in the horizon, we may prepare for tuents will resist that decree, and I desire that my words the storm, but not until then. The occurrences of this may be marked and remembered. Let me state to the morning ought not to change our policy; but we should House a single fact. Two white men, Georgians, were send this memorial, as we have all others upon this sub-travelling from the eastern towards the western part of ject, to a Committee of the Whole on the state of the the State, and their road lay directly through this Indian Union, not suffering it to be distinguished in any way from territory. They had guns with them, and, as they passed the others. And he concluded by saying, Mr. Speaker, the House where a white man lived, (for there are many I make that motion. whites scattered throughout the Indian country,) they Mr. CLAYTON then rose, and said: The very calm, were assailed by a dog which flew out at them. The mild, and enlightened course pursued by the honorable owner came to the door to see what was the matter. The gentleman from Massachusetts admonishes me to a similar traveller told him to call off his dog, or he would shoot exhibition of temper. I shall endeavor to imitate the gen-him; and, after some altercation, he did shoot the dog.

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The CHAIR replied that the gentleman was certainly taking too wide a range; but the Chair had felt reluctant to interrupt him.]

Mr. CLAYTON resumed. Georgia, therefore, by her legislation, divided the territory into counties

[MARCH 5, 1832.

The owner asked why he had been so treated; on which pursue, whenever they got an opportunity, against every the other traveller, whose gun was still loaded, answered, Georgian they got in their power. In the name of hea"damn you, I will put the load into you," and he shot ven, is not Georgia to protect her citizens from such usage the man down. The men were apprehended, and brought upon her own territory? Such oppression was worse than before one of the judges of Georgia. On examining the that of Verres; and if Georgia could not restrain it by her law, it was found that the court could not take cognizance laws, the Indian territory must speedily and inevitably beof the offence, because one of the articles of the State con- come a den of thieves and murderers. No man could go stitution declares that all criminal offences shall be tried through it without running the risk of his ears, of stripes, within the county where they were committed; and no pro-and even of death itself. And was I wrong, then, in say vision was made for a case like this, where the murder ing that Georgia would not submit to have these laws an was perpetrated on Indian land. The judges, however, nulled? Will she not rather give up your Union? Do genbeing unwilling to leave such an atrocity unpunished, if tlemen believe that the people of Georgia will submit to it could be avoided, sent the men to Savannah, before the be scourged by savages? This, sir, it was that excited circuit court, where the counsel of the prisoners moved me. I know the condition, and I know the temper, of for their discharge, on the ground that the Federal Go- that State. The Governor of Georgia, on receiving a late vernment had no cognizance of offences committed within citation from the Supreme Court to appear before it, sent the States, save in those cases expressly provided for by a message to the Legislature, stating that he should resist the constitution. And, as there was no law of the United it by all the means at his command. Said the Legislature in States that could reach the case, the men were discharged reply, "We will stand by you." Said the people to the for want of jurisdiction. Thus, one of the most atrocious Legislature, “We will stand by you." Sir, this is no ficmurders that ever was committed, went entirely unpun- tion. I am relating no dream-no fairy tale, but literal ished. Such a case would, of itself, have been sufficient truth; and I allude to it as an admonition to this House. to admonish Georgia that something should be done. At And when you remember that Georgia, in relation to other the next meeting of our Legislature, (in 1811, I think, or grievances from this Government, stands closely connect1812,) that body believed that, as the Indian territory layed with two States of this Union, and, in another respect, within the limits of the State, and as all the other old is as closely connected with six more States; when you States had done the same thing, and as the articles of ces- remember the high state of excitement which prevails sion ceded to Georgia all the land east of a certain line-through all the Southern country, where it is as much as [Here Mr. MERCER interposed, and inquired of the the magistrates can do to restrain the fury of the people, CHAIR whether this was in order, on a mere motion of re- will you then consent to send this memorial to a select ference. committee, to aggravate them yet more? 1 warn gentlemen to remember that the revolution commenced by a snow-ball. Georgia says to the other States, How would you like to be treated in the same 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 remove them as they please. But to Georgia they say, You must not do so. Sir, this petition should lie on the table; it should not be considered. What, sir! will this House resolve itself into an inquisition, and Mr. CLAYTON proceeded. Georgia went on, and di- inquire into the conduct of sovereign States, at the call of vided the territory into counties; ever since which, the any individual who may petition then? This, I suppose, courts have had criminal jurisdiction, and they now punish is a precedent; and next we shall be memorialized, pray. crimes committed by white men upon Indian lands. There ing that Congress would take under its most gracious and are two men now in the penitentiary for stealing horses pious care the States generally, and would proceed to infrom the Indians. I could enumerate many cases. No quire what they are doing, and what they have done. man has a greater regard for the just rights of Indians Such a power was proposed when the constitution was than I have. I question whether those who profess so framing, but it was refused then. And shall it be taken much pious regard for them, have done as much to guard now? Sir, suppose this memorial had prayed this House their rights, and promote their happiness. In fact, I have to consider, and to inquire why Georgia should not be made myself a sacrifice on their behalf. I have known stricken from the roll of the States. Who is here that white men whipped for offences they have committed would vote so much as to consider such a petition? This against the Indians; and some, I believe, have even been memorial, to be sure, does not exhibit the same degree of executed. Now, let me state another fact. It was but impertinence, yet it proceeds upon the same principle. the other day that a white citizen of Georgia, residing in The State of Georgia might as well petition that the House the settled part of the State, hired a horse from an Indian would inquire into the condition of the other States. Sir, to go to a certain place named. On arriving at the place, if such a petition was sent to me from my constituents, I he found that it would be necessary for him to proceed five would not present it. I would send it back, and say to miles farther. He did so; but when he got to that place, my constituents, You have nothing to do with the concerns he was told that he had subjected himself to the punish- of another State. If her citizens have grieved you, go to ment of horse-stealing. On hearing this, he was alarmed, the Supreme Court. Sir, until the Union is actually in and immediately tried to return; but the Indians pursued, danger, and we are informed that the laws cannot be enand took him, and immediately adjudged him to receive forced, this House should not act on such a petition. It fifty lashes. Five different individuals were appointed to is the same thing as saying to Georgia, we expect you to inflict the punishment, ten lashes at a time. The man revolt, and we are ready for you. I ask gentlemen whewas fastened to a tree, and, as he believed, suspended to ther this is not calculated to raise the flame still higher. it; for he was not conscious that his feet touched the If Georgia is so mindful of the great benefits of this Union ground. When the first forty lashes had been inflicted, as to be at a stand, is not this calculated to stimulate her he cried out, and begged for mercy, beseeching them to to leave it? What is it but to say, we believe that the act dispense with the remainder of his punishment. But the we have done should lead you to resist, and we are ready savages were perfectly inexorable, and proceeded to ad- for you. Such, at least, is my view of it? Perhaps I was minister the additional stripes, till their wretched victim too warm in my feelings and language. If so, I apologize fainted under them. And such was the course they would to the House by saying that I meant no disrespect.

[Here Mr. MERCER again interposed, and called the gentleman to order.

The CHAIR said the gentleman must confine himself to the question of reference.]

MARCH 5, 1832.]

Georgia and the United States.

[H. of R.

Was

Mr. CAMBRELENG, of New York, said he hoped the to co-operate with another branch of the Government? House would accede to the motion of the gentleman from Was it to Congress that appeals were to be made to carry Massachusetts. He considered that motion as in effect the decisions of that branch into effect? It was not. the same with a motion to lay the memorial on the table. it shown that any of the executive officers of Government Indeed, the memorial would be nearer to the action of the had failed to do their duty? It was not. How then could House if it lay on the table, than if it was referred to a the House be called upon to act? And how, he asked, Committee on the state of the Union. Mr. C. had him- did it happen that a memorial like this should drop into self made the motion to lay on the table, nor should he the House on the very first day after the decision so trinow have said a word respecting it, but for a remark umphantly alluded to? This was not a question for him to which had fallen from the gentleman from South Carolina, decide. He saw no practical purpose to be answered. [Mr. DRAYTON,] who had observed that it would not be It was usual for memorialists to have some definite object respectful to the memorialists to take such a course. Mr. in view. But was any such thing pointed out by this meC. had too much respect for the ninety-one members of morial? Did the petitioners recite any matters which rethe House who had supported his motion, to suppose that quired the action of the House? The memorial did indeed they had any intention to treat these memorialists in an refer to certain treaties which a portion of the people of uncourteous manner. Gentlemen should remember that New York undertook to decide had been violated. If the at the time the memorial was got up, it was not known charge were true, was this the tribunal to appeal to? what the decision of the Supreme Court would be. That Congress did not sit to execute the laws, but to enact them. court had since made a decision, which in fact rendered How happened it that at this particular moment such a this memorial a nullity, and he therefore supposed that question should be presented? He believed that there the only order the House could take respecting it was to were persons both in that House and out of it, who very lay it on the table. If, however, gentlemen preferred to well understood the object. send it to a Committee of the Whole on the state of the Mr. C. stated that Alabama had also been impelled to Union, and let it be buried there, (for such would be the legislation over the Indians, by causes similar to those result,) he had no objection. He could not imagine how which had operated in Georgia. He had himself witnessthe House could act upon it, without an impertinent inter-ed the discharge of a murderer and thief, for want of ference with the judiciary. jurisdiction over the Cherokee country; and, as the gen Mr. DODDRIDGE, of Virginia, said he should vote for tleman from Georgia had truly said, the Indian country, the reference now proposed, though he should have pre-if left without laws, would be a den of thieves, murderers, ferred having the disposal of the memorial deferred until and outlaws of all kinds. Was that a state of things to the House should hear from Georgia. Two or three weeks be submitted to by any people? It was not. And Alawould be sufficient to bring that intelligence. He under-bama had gone just as far in legislating for the Indian stood that the superior court of Gwinnett county (whose country as Georgia had done. 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. He rose for a very different reason from that Mr. CLAY resumed, and observed that the gentleman given by the gentleman from New York. He thought from Virginia [Mr. DoDDRIDGE] had been himself more that the memorial would be more within the grasp of the liable to correction, when the gentleman in his speech had House, if sent to a Committee of the Whole on the state attempted to hold up this memorial in terrorem over the of the Union, than if laid on the table. The House could head of at least one sovereign State, and by consequence go into committee at any time, and take it up at pleasure. over two others who were in a similar situation. The gen He thought it would be wrong to submit it to a select com- tleman talked about threats, yet he had himself held up a mittee, because that would look as if the House anticipat-rod in terrorem, and shaken it at every State who had Indians ed that resistance would come from a quarter whence it within its territory. When the gentleman interrupted him, ought not. He entirely agreed with the gentleman from he had been endeavoring to show that Alabama was Georgia, [Mr. CLAYTON,] that when threats come from guilty of the same sort of legislation as was complained of any quarter, little else is to be expected; and if that gen- in Georgia. In the organization of the supreme court tleman's whole speech did not consist of that, and of an of Alabaina, the very first question raised involved the invitation to the people of Georgia to rise in arms, he did right of jurisdiction over the Indian country; and to show not know what it was. the dreadful dilemma that would follow from a State ex

Mr. DODDRIDGE here called the gentleman to order. The CHAIR admonished Mr. CLAY to confine himself to the question of commitment.

Mr. CLAY, of Alabama, said that, before the question ercising its own rights, he stated the fact that a white should be taken, he desired to submit one or two remarks. citizen charged with the murder of an Indian had been It was true that the complaint and the memorial seemed tried and convicted by the unanimous decision of that to be directed exclusively against Georgia; but it was due court, and executed. Thus Alabama consigned to the to the House and to candor to say that the question in- scaffold one of her own citizens, in vindication of Indian volved Alabama quite as much as it did Georgia. He rights. These were facts he would vouch for, and, seemight go further, and say that it also applied to Missis-ing the representatives of a sister State made alone the sippi; nay, he might proceed further still, and observe object of attack, he could not refrain from making the that the memorial called upon Congress to wage war on statement. all the Southern States. And for what? For exercising He would not go into the question as to the right posSovereignty and the right of jurisdiction within their own sessed by Georgia and other States at the South, to exchartered limits. He did not object to the memorial being ercise the same power with the remaining States of the sent to a Committee of the Whole on the state of the Union, nor would he undertake to say what change of Union, if it was the desire of gentlemen, when so many circumstances had led the representatives of those States other exciting subjects were already before the House, to to a change of principles. Should the question come up, go into this also, be it with the majority as they pleased. terrible as some gentlemen think it, he trusted they should As regarded the province of that House, there was nothing be prepared to meet it. This memorial came from a situain the matter for its legitimate action. The House was tion almost the farthest removed from the State where the not a judicial tribunal; and in what other character could alleged evils were said to exist. It came from persons it be applied to? How could a case for its action be made who were intermeddling with a distant State, whose affairs out? Did the memorialists pretend that the existing laws they knew nothing of, for whose happiness they seemed required modification? Not at all. Was that House called to care as little. The discussion, should it be pressed,

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would have as little terrors for him as for any other gen- against three of the States.

tleman.

Mr. BURGES, of Rhode Island, now rose to address the House, but his opening remarks could not be heard at the reporter's seat.

[MARCH 5, 1832.

Mr. B. said it was not so.

Nor was it any thing like this. On the contrary, it was but fair to send the memorial to a Committee of the Whole on the state of the Union. The United States held a rod The House would wait, if the memorial was

over no one.

When heard, he was observing, that although gentle- thus referred, to see the effect of the mandate of the Sumen might entertain very gloomy apprehensions, yet he preme Court; the nation was waiting for this. It waited trusted that every friend to this Union would meet with not in hope, but in the perfect assurance that Georgia calmness any crisis that either might truly come, or that would do her duty. It was no violation of her sovereignty live only in their fearful imaginings. He felt neither alarm- to abstain from carrying into effect an illegal sentence ed nor agitated. The most deliberate and systematic against the missionaries. It was merely the fulfilment of attempt had been made by the opponents of a select com- her own solemn agreement. The House had every asmittee to practise upon the fears of that House. To him surance that Georgia would do her duty. Let the memoit seemed to be the intention of some gentlemen to im-rial then go to the committee, when it might be called up press the House with the idea that not only one, but that at any time.

two other States, would openly resist the laws of the Union. He could not but deeply regret that the gentleman He felt bound, however, by facts within his own know- from Georgia had broached the subject with that fury of ledge, to believe that the people of those States felt none spirit, the corruscations of which the House had witnessof that disrespect, and that studied, malevolent contempt for ed more than once. He could not agree with the gentlethe laws of the Union, which it was pretended they did feel. man as to the manner in which the memorial should be He would not believe it, although fifty witnesses should treated. When he and his fellow-members stood in that swear on the Holy Evangelists of Almighty God that House, they did not stand on an eminence so high, or beGeorgia would thus disregard her own plighted faith. He hind a shield so impenetrable, as to escape the voice of should believe they were deluded--he would believe any supplication or remonstrance from the most inconsider. thing rather than that they spoke the truth. For what able or humble citizen. The gentleman might think that State in this Union had received more benefits at the hand he dwelt too far in the region of the sun to be reached by of this Government than Georgia? When she had but a the cold and icy complaints of the North. But a citizen handful of inhabitants-not more than twenty thousand of these United States, in whatever portion of the Union at the time of the revolutionary war--and though she had he might live, was entitled to be heard in that House, if he never sent more than three or four hundred soldiers to the addressed it in respectful terms. For the gentleman to army of the revolution, and for three years none at all, call a request, so expressed, and so presented, an act of still she was protected by the arm of the Union from the impertinence, was departing far, very far, from that high power of these red men whom then she dreaded, though dignity with which every gentleman on that floor had now she despises them. Since he had been a member of been entrusted by his constituents. To turn about, and that House, Georgia had been paid large sums merely for to make him who complains the offender, was a species having defended herself against these Indians. When the of equivocation which lowered the gentleman in the precountry came triumphant out of the revolution, at the sence of the whole American people. Any gentleman time when Virginia, with a liberality not to be paralleled, who treated a petitioner in that manner, mistreated him. surrendered up her immense western territories for the self, and in so doing he was very sure the gentleman mispublic good, and when New York, with liberality scarcely represented his constituents. Georgia, he was well asinferior, gave up an empire to pay the debts of war, sured, would not do so. The Legislature of Georgia herGeorgia refused to follow the example. She was entreat- self would have treated a respectful memorial from any ed to relinquish the land which had been won not by the citizen, however humble, if not degraded by vice, with sword of Georgia, but by the valor and the blood of other respect. States. She refused to do it. The State retained the The citizens of Georgia had been called high-minded territory within her grasp; and when the pre-emption right and chivalrous, and they well deserved to be so designated. was at length yielded, it was at the expense to the Union But would a high-minded and chivalrous State treat with of many millions of dollars. As the law and the constitu- contempt and contumely any one who wore the form of tion obliged them to do, they sold the pre-emption right human nature? Never. Yet the gentleman, in the on condition of the payment of a million and a quarter of name of Georgia, had done this. The people of Georgia dollars, the discharge of the claims which previous pur- were not the hot-headed, inconsiderate people that genchasers had upon them for moneys advanced, and the ex-tleman had represented them to be. It was not a speci tinguishment of the Indian title. They had since received men of the Georgia character that that House had had the whole equivalent in money and land, to an amount in before it. He confidently appealed to the House wheall of twenty-five millions of dollars; they now had it in ther there was any thing in the conduct of the other possession, under a contract made but twenty-four days members of the delegation from that State to warrant the after the passage of what was called the intercourse law. belief that that gentleman had given to the House of ReGeorgia had received her twenty-five millions from the presentatives a fair specimen of the temper or the manUnion; and would any gentleman make him believe that ners of Georgia. He should be sorry to think so. He that State, in violation of all justice and of the laws of the would not believe that Georgia felt as that gentleman reUnion, would set the Government at defiance? Would presented, nor that she would treat this Union, and the she break the agreement while she held the consideration | sacred bond which held it together, in the manner that on which that agreement had been made? He would ne- that gentleman was pleased to suppose. Nor would she ver believe the calumny. He said nothing about Alabama treat the opinion of the Supreme Court of the United or Mississippi. He believed there were many men faithful and true in all those States-men actuated by the noble spirit of true patriotism, and who would consider such an assertion as a foul reproach to their name.

A gentleman from the State of Alabama had told the House that she was embarked in the same cause; and whatever the House might do with regard to Georgia, it would do at the same time against her. And he had further said that the memorial urged Congress to wage war

States with that "sovereign contempt" he seemed so much pleased to anticipate. The decision of the Supreme Court, the House had been told, would be contemned by the well-educated portion of the people of Georgia. Sir, the lawless Bedouin, who lives upon his sword-who tracks the traveller over the Arabian desert, and mingles with the sand the blood and the bones of whole caravans, would, when made to understand its meaning, pronounce the name of Allah over this mandate, and acknowledge

MARCH 5, 1832.]

Georgia and the United States.

[H. OF R.

its justice. Pirates of every sea, while they might every was due to the memorialists, and to the special and mohour violate its principles, could not treat with contempt mentous matter of its conclusions, as none but a select its dignified and sacred requirements. The bravo, the committee would, in his judgment, be competent to disvery hireling of blood, would look at the high and holy charge those functions which the prayer of the memorial injunctions of this judgment with that awe and fearfulness called upon that House to perform. The matters of the which, even when plunging the dagger into the bosom of memorial did not relate solely to the subject of the Inhis victim, will come over his spirit, if memory bring to dians. There were three things in it which called for the his ear the mandate of the Eternal, "Thou shalt do no action of the House. One was a statement of certain murder!" No, it was not in mortal man to treat a writ-treaties long since concluded, which the memorial charged ten decision of that court with deliberate contempt. as having been violated. Another was a law of the When the gentleman from Georgia said that his own State United States, whose date was given, and which, as the would do it, he said that which could not be, and which memorial alleged, had not been carried into effect. The none could believe. third thing was, that under those circumstances two free The gentleman has said that the State of Georgia would citizens of the United States had been unlawfully immured treat not only the decision of the Supreme Court, but any in a dungeon. Were not these circumstances to call for proceeding of Congress on the same subject, with sove- the action of that House? If not, he did not know for what reign contempt. Georgia treat the Congress of the United the House had been instituted. A gentleman had alluded States with contempt! What is Congress? Individually to Verres; it seemed to him that the allusion might well its members may be nothing; but the constitution had be applied to the circumstances in this case. In one of clothed them with high and commanding attributes. Con- the most splendid efforts of the Roman orator, there was gress might have its spots, and its blotches, and its dis- a reference to the prætor of Sicily, which had a close eased members, but Georgia could not but respect the analogy to the facts complained of in this memorial. constitutional acts of Congress. Did she not send to this Verres had crucified a Roman citizen, and one of the House her most respected men? And when it hears their greatest efforts of the orator was in describing the scene voices, the State comes before it with a consideration where, in the very agonies of death, the unfortunate man which it could not otherwise attain. No, he never would exclaimed, "I am a Roman citizen." Were not the two believe that Georgia would insult either that House, or men immured in that dungeon entitled to say, we are America's supreme judicial tribunal. It might not be American citizens? And was not that House the guardian necessary for Congress to do any thing in reference to of the freedom of American citizens? He would not this matter; yet it might become necessary for it to do pursue the subject further. If the House could consider every thing. He trusted, however, that any action of the memorial as not presenting any legitimate subject for Congress on the subject would not be required. He its action, then he had no more to say. trusted that the generous and enlightened South would It is with great reluctance that he dissented from his not trample on the common prosperity, nor cut itself colleague as to the propriety of referring the memorial loose from the common bond of brotherhood. Should to a Committee of the Whole on the state of the Union. this, nevertheless, come in the course of events, the nation will still, I trust, remain great and prosperous, and Georgia-whatever God permits her to be.

Mr. STEWART, of Pennsylvania, believing that the further prosecution of this debate would have none other than bad effects, either in that House or out of it, and being therefore of opinion that it ought not longer to continue, moved the previous question, but withdrew the motion at the request of

That motion he considered as in substance precisely the same as a motion to lay the memorial on the table. Should it prevail, never more will this House hear a word in reference to this petition. He did not absolutely know that under ordinary circumstances the memorialists would be entitled to that particular consideration which he thought they now deserved. It was possible there might be other memorials upon the same subject already before the House, although he was not aware that any such had yet been presented. The general subject of our Indian affairs, and particularly the state of the Cherokees, had been referred to the Indian Committee, or to a Committee of the Whole on the state of the Union; but as he did not conceive that the memorial stated facts, calling for the solemn action of that House, and that a recent decision in another part of that building gave to these subjects a solemnity which they never had before, he had been induced to ask a select committee.

Mr. ADAMS, who rose to say that he regretted that it was not in his power to assent to the propositions of his colleague (Mr. DAVIS] for referring the memorial to a Committee of the Whole on the state of the Union. He had already stated to the House the circumstances under which he had received it. It had not been sought by him. The gentleman from New York [Mr. CAMBRELENG] had mentioned a circumstance, that although the petition came from New York, it had not been presented by one of the members from that city. In reference to that re- Nothing could be more remote from his mind than the mark, Mr. A. would observe that he believed the reason idea of going to war with Georgia. The subject, howwhy the memorial had not been sent to one of the mem- ever, involved inquiries which would occupy any combers, was a conviction, on the part of the committee mittee during a greater number of days than would be charged with the transmission of the memorial, that to ask required to receive information from Georgia, whether either of those gentlemen to present it would be impos- the mandate from the Supreme Court was or was not ing on them a disagreeable task. It certainly had not been an agreeable task to him; but on receiving the me- No select committee of that House would report a plan morial, and examining it, he felt himself called on by a of blood and destruction, or would desire to make a wilvery respectable portion of his fellow-citizens to act in the derness of Georgia. Whatever such a committee might case. Had it not been for that cause, he should not have propose, would doubtless be of a character that might bear taken a part in any of the discussions on this subject du- the sober, discreet, and conciliatory discussion of that ring the present session of Congress. He had felt it his House. Respect for the memorialists, and for the objects duty to move the reference of the paper to a select com- of public interest referred to in the memorial, had been mittee, not from any disrespect to the Committee on the motive under which he had acted; but whatever Indian Affairs, who were already charged with the con- might be the fate of the memorial, he had discharged his sideration of a part of the subjects in the memorial; cer- duty to the memorialists, to that House, and to the country. tainly out of no disrespect towards the Committee of the Whole on the state of the Union, (a thing that would hardly be imputed to any one,) but from a belief that it

VOL. VIII.--128

obeyed.

Mr.WARDWELL, of New York, remarked, that when this memorial was presented by the gentleman from Massachusetts, he supposed that the gentleman himself, with

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