Fayette Observer, Volume 1, Number 39, Connersville, Fayette County, 10 March 1827 — Page 1

2 IS " cn. rn o y 3E Volume I. CowwvsvvWc, WAVayva; SvvUmVAy, NVv 10, lu'2.7. Number 311.

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fold th s House that not bin" had prevented rv-!''! loi-slat ion over tlio Tnlifi within ils ter-'ofiendors. He submits to you the inquin

erv thin" "-oi'v ri"!it in Georgia hnt tiif inter-! ntorv. It it hud no right to do so. this House ivviielhcr : nv art ol legislation i,e rorcsa . . . . I i .. . n i ... I... .i. c.t. r .!

1 1.1- 1 - . A . I . I Mrr ol .-.t...f' ......

lercrico oi ine gmerai irov ernmeni. i ic, rt ti-r ,lL -v i.ieie.-.' -- a v.

'- i . . . . . . i 'x . i .. i

tlcrnen denounced such interference, saving, ini""0""' f,c no occasion to iCsorl to military li)rre.c-iairs'? ar,,: ;cnmpaiiics tan inqjy :ui uk effect, '-hands off fur the present : leavetho 'ir? en lainly had u right to as?ei t what declaration of thin dctermination.undcr a sen-e

Indians to the roipc.lv of" the Courts."" Put ,she he moved to be her rights, and to sneak her iof lha;ber cldigntions than any winch congress

' i . ,? ,i ii. i i . i .-. n . ... . . - . .i i . : i I .11 1

i.ni impose, n in in. view iisuan iitxnmc i.e-cc-snry to c:i!l ont iho. military lone of the Unitofl Statc to rarrv this net of concroFS into

elTecf.

mr ailing and i:strn?

Sir. I rej eat the declaration. The questions ;reentc(i hv this nu--?iic are pravc. ir.iportant and d el irate. They cannot he arran"

fd iitidfr ho:id nf f!io fhilipc. iii t.rninirito

to use all proper.. :id peculiarly as-icned to any one 'of the ate? to rxtm-.j.-!i js-laTl(in COn:mit"te? of this hoe.

Congressional. Georgia cd the United Stat ex. holsi: or KEriu:srxTATivi:s.

.....a J from the President cnccrnii; the Creck,Mr- Vv hf W thc ntlcman, th:u:nl.:Mcntr.ii;.on th" ,1-y.r. lie hoped the xvhole Tn.r.an lard, which was transmitted to ( mrc it these were ricrht of the Indians which thei n:iltcr would he heard and settled; tor, should

". He. hoped t!iere . '.V on the part of the congress of.llie Unitc o

a ) the 5th, nit.

The message havin j been read

ii. i' . . w.i 4 ' r. -r 1 1

Fir. r t.r.w:i( iimiwvi na' i ficrniic u nusi

h

i r..i :i k i. ir:,!

he rejoiced that, at len-tluthe strati ciroum-l" r , iU,nl " 11 iu" :K M,u F v ' ii- I I I 4 c T pill tic '-vn! jtnriiim'ifi.wi tii 1 -.-4

V stances ot tiiis case had beei presented to triei . . ......

house in such a form as to compel the render-i " : . y 1 : v . rVr in - nf a solemn decion between the Kxec,i-'?clf Paul 'V!r-,V thf,r,-1; n .t!,,t? I,:U't,CS "! 1, and the State ofUeoroja. and that it wa?!,hi; Y I fy iy exam.ne.l called f.r.at this time-nut hv them, for thevr,'"' ctJ" note cabnne than had been demandm- it lor (oars ra.th!t,,C4"?'lt1s,;l,r-'1'1' 7" V tint n nv the call came from the r.xoontivc. im:lUrr 1 i.-t he cctatcd to by any state, He could not. however, a a Koprerentat.vc of f Kopreei,t:itive o any state, on tie-ir-i consent ti sit&quieli v hear thc char?es!.,,u8 l1oor- 1 uo ,v- ?-hk,ne:1 trom mJ hr.m-ht nrward m this eoMimimication timstil,,!rl,ose-nr will I smfer :vh huipmge ta the authorities of that Stale. Thev had ione jP11'1 ;"'.v re-actn on my moal I will ex-

itiii.ff which violate ! thc Constitution of r11.' J-111 ,llIU M'1'41 v ,l"

tiii-ir ciuatry. He wo.iid m.1 tli. I pr'llM P.

... ...4i.t. 1-. i.i.it.l .... ...... i . . . I I. ..4

. United States were hotmd to jtrotect.that there K'o:.rr?-t adjourn without scttlm j were those ia this Hou-e anil iu t!ie com-trv q'i?n.cs were likely to er.sue. of;r

c-.nm,mication to a Committee of the Wholelwho WGu!' t:lkfc tl:c,r , fi we hlv0 l mR, ol u,e btat'!8 ILu.seon the Mate of the Union. He said that!ourrc,vcs ' ir?lil? lU certain tamys, Mr. IWItstcr rcsc tc

it. con.e-

reat ndeieit

iccordir.r; to his iindeistandifst of its

Li' ..L . i' s l 1 .1

Uiis i i the face parties, uceasion naa neen lauen on

the mere ouestinn oi reference ol this comma -

; e re

tu-ti't-r. but the

lj.,t out of order. r. r tiU'.l

;('.. is-.

(lecije.i tli.tt he was i

t :r ti.e r:"umption 1 a position, as a matter

rocce.ed

perfectly t'lain and indisputable, that the Gov-

to iv tint .iK''-'ci.t har: I em all m the wrong in tin? qnes

fr ; tx perce;ve, taat the Ouof .M nf i!t ratt: j

1 i t,e evecuti oa M w ii.tt ne couen ed to be In- duty, liad liot, th'. time, made ids appeal t'. 1 iditarv forte, lie dea-ed, bow ever, the exlV.ouce of anv ('or:stttut;onal authority to cm-,ii-v such forte, cither in the p:eent case, or ,'i t any other w hidi had occu.red within that vv tic jaml li rejvi'.'ed t a see that ihelxccutix e 1 b d now thouat proj.er t ;t t-j the Civil

v.itlioiity. ; Mr. F. here denied that the Governor

Georgia was

Ol

Jit

iv i) t I i"i i ic .. j I ii"- 1 1 14 :ii!!i.Mi'.

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l vtsled v liun by law. lie acted under the n ceiL'tit v of hi Mate, and b id exercised onh that discretionary power, which was vested

inl.im by Ler laws. He had acted under rights . 4 exorcise i in eerv part ol theLnionauui w hich

I .had neter bee a resisted, except ia th ca-e of 0; Georgia alone. : Mr. F. sai'l that ii would easy to dilate 1 ai'i this subject ; but he pe:cei ed that there t x I Med in re-pec t toil some senMhiiiiy ia the ' lioa-e, and he w ould forbear.

I ; Mr. i'orr, ot irgmia,

tion.aod Ocrtra a'i iu the ris;ht, i or his owti parrvMr.Vehser said, lie did not care w hether the comiMordcat! :r. did or did not go to a Com miitee of the While en the state of the Tni-on, nor hov soon it thei e. and w as there taken up tir discussion. A hen he went into that Coramittee, he sl:oMid go thre, not in a spirit ofcontroveisy, nor et in a spirit of submission but in a spirit ot inquiry, calmly and deliberately to examine the circurrMrmcf s of the case.

r:and to investigate th.e re;iits ot all parties

onccnied. ut he had made hese few re-

aia: ks, to give, th.e gentleman from Georgia to m:derstand that it was not by bold denunciation or i hold assumption, that the members id this Hou-e arc to be influenced ia the dici'-ioi. of hiirh public ce.ncrras.

to make one remark in re

ply to the gentleman irom .Miiippi. That gentleman, he said, had reason to know that

he (Mr. W.I was disposed.

autnoriv of the United St

Indian titles to lands within the States. iut he must tell the gentleman from Mississippi that the States would act on their ow n responsibility, and at their own peril, if they undertake to extend their legislation to lands where the Indian title has not been extinguished. If any such measure was contemplated in the State which the gentleman represented, Mr.W. hoped that gentleman would lose no time in warning has friends urrain-t making any such af.cmpt. The relation which the U. States heh! t these tribe?, of parental guardianship

over these remnants of mighty nations now no more, was a very dedicate relation. It?, geaeral character was that of protection, and, while every facility wns given to thc extinguishment of Indian title, let net that circumstance he so far presumed on, that the States should attempt to exercise authority withia the Indian limitf.

Any such rour.e woukJ br attempted at tiicirl

ov. u rc.-pniiEitaaty, Mr. . ctiicUi(i d by savie that he was ready to c'o all that could be done to extinguish the lraiian til 1 e in the states, pr:d particulaily in the Stales lljst of the .Mississippi. But this disposition, common tj all parts of tl.fr

country, should not be - tar j)reumed upon a

Admitting, ns in deference to the autinritr by which they ate ascertetl, we are !om d to do. for the na"-re purpose of this inquiry, that the fact stated are tiuc, thc first question prs sfntcd is this Does the ea stated fall under thc previsions of the act ot congress referred to in a mej sage? Abstractedly considered, a? a mere ;ucstioa of statutory construction, I agree that this is a fit subject for inquiry by the jud;cial committee. Hut another question, immediately supervenes. The president, in the same message, tells you that he has already taken measures to ubmit this question to the judicial tribunals cf the United Stales. With a know ledge of this fact, is it proper for us to iri e our sanction to thc use of the mildarj force o( the union, during the pendency of this judicial investigation? I apprrhcral thi in

quiry transcends the limits ot thc d ;tie a-igne l to the judiciary rornmHtee. It w ould belong more appropriately to a committee on the state of th.e republic, if such a committee existed. r.rh: 'Alv.z: the iJ: of the actual pendency of a judicial inquiry, width ha been instituted en-

that any State should undertake, of its own mere Mer the order of the President of the United

mt tMui, to exercise an autlioril v over the Innds to Males lum-eil, -juotlier question presents itself.

inquired

w nf tae:

the gentleman trom Georgia anticipated any legislation in reference to the omai inicalicn iu-t received ? and whether it would not be-

more expedient to re

Mr. Ft,rsvih said, that he br.u rmt. to lti knowledge, denounced the House, or any gentleman ia it; nor had he attempted to dictate to ihc hoi;-o, or to anv member of it. It was.

, iowecr. pertertli natural, tliat a reoo?cnta

i : t ii ii;ikm vi ii 1 1 vi i i . ii iiii :j i o i x : i 1 1 n i( aero arraigned, should hae, and, having, should indulge, feme feeling on this subject. The iionoui able member tiem Maf-sacbusc Its. ..l;.rwl r--4'.rrlit i"ri' 4 id I lw r-il' 'i.iil immwil

I Tum.i VI, . I .'V .l.i. itllk lllliirj I '.I .

which tii Iniiian title is guaranteed by trcaiicsl

Yr. V KIG11T said, that, v iih the very imparled i'r.dertariding which l!ie Jlousc now nii-s-scd ci the paper to be rt ftn td, they were not iu

(ar umstaiicts todecK e whether toe car.? was -uch as required 1 gislatiun or n.,t. liven the recent discussion he considered premature-; and,

:er it to one ot the staa-lhe did not reside near the scene of action: the

dingcommittecr ol the House. lalhcrthan to a '.people of las -talc w io far removed, and !

i'lU

. . . . i . . i . .

c uuuliee oi lac- wirne. I Mr. Fursijh replied, that since the inquiry bad been so (iirectly put, he would frankli , reply, that he did not anticipate any legilatioa: y.nl he insisted that no legislation in the case co aid be necessary or proper. He considered the ixeru!i e a aking the opinion of this House in relation lo certain rights of the State ''Georgia. If the opinion of the Honre should I he in n'iirmancc of ths.e rights, no other act ! t!nn ! ill r!'ir:ili.in p. I enrb r.nrninn m.nr! ricno

'eiy fd-e impressions were entei tamed on'

tni matter. It was ouh lot tlie United S'atcs! To will, ar.d her will would be instantly obeyed. There was nr;hmg to be apprehended if thc 'Genera! Government did not interfere, and. Tinder the so:nolap.r:e ot protection, stimulate 4he bid. ins to a resistance of the authority ot Hhe State. Ad t'ne didicultics wliich had ex-s-ted from t'ne beginning of this business, had Sicca create ! by this iutrrfejer.ee. Those unfortunate beings would long since have done their duty to the country, and to themselves.

if it had not been lor the ua-e mfericrcace ot infamous white men. who exerci-ed an inducnoe over them. Was it not suliicient to refer to the scene which had hiked pia.ee at this very oot during the l ist n inter to thc bo, and ' iinfiuious conduct of those whocame with the

no reasv-ai to dread the av oi,e( nt their threats, it was quite natural that ti.e tenth-man should 1 0 calm aval disp:ocoua'e. and prepared to take a cool and composed view of this ject; but the iepro ntatives from Georgia did not feel so. YV? feci very differently .said Mr. Forsyth, and when 1 feel, I will not attempt to conceal my feeling. Our rights lia e been violated, and their violation has been made known to thi" Hous ; and our appeal has not been regarded. All we ask i-, that the ca-e

simuhl ha e ;t lair m estivation ; and it i e en possible possible, but nrt probable that the

gentleman from Massachusetts alter such an in

vestigation, might feel witii i

Thc gentleaian from Massachusetts says he

will investigate the subject; v. hich implies that

W I itvr. it.

liavi (! nt every member might oiitaiii a

.1 to. ioi . X a. 1 !ii tu" w!nt Ihe ti;.nuif.i( uti-D , h;: linked to i.'V it on the table, and to print

he has not vet

(lone

so: hut he (Mr. F.) had

examined it taorougiv. He was prepared to go into the discussion of it in committee of the Whole : to do o dispassionately, if it weie necessary, (for they too could suppress their feelings when circumstances required) Imt if not. they should and would express their feelings, notwithstanding it might draw down upon them the very dispassinnatecensmc of thegentleman from Massachusetts. Mr. Ilailc expressed a hope that (he communication would go to a committee of thc

b. lians,under thc pretence of protecting thenu Uvholc. When a subject of this kind was touch

Then e Mild be no need ot any lather legisia-iCfJ it ibrat

lotion the subject. It tlie right ofthe Indians

fii td beeti violated, existing laws provided vi ample remedy, and t'ne Courts of tlie LniIr.t Slates were open to thorn. Mr IV Imcr said, n rising. t!srd he w as not

! Jji'n h concerned what coure this communica-

o e r t he Indians w ithin their chartered lim

its; and Mississippi intended shortly to follow the example; and he could assure the gentleman trom Georgia that, if the bayonets of the

I U.., . CK, .Id in I.- 4 or ivbi'fher it silibl bo re-' ( J O'lera 1 ( io vertimt nt should on t his account he

I f.T-o.i tn one committee or another: but he was turned against any of the States, it would

. - - . y

ited on other chords than those of

This motion prc ailed jival Tras kid upon th? ta bh , ;k t i rdinuly. IN SF.NATIl. Mr. T-vnton moyel its reference to the ju-

ciciary rommntee. At t.rtt he had thought it a tit subject for a rcfeienec to th? committee on Indian affairs; but he did not now think so, ;is here were question involved in the mes sage in relation to the enforcement of lawsaud ticaties, which required an investigation helot c the judiciary committee Mr. lit- Kit n n said: 1 nrrc with the senater of Missouri, that this message, and the acce-m-jian ying documents, ought not to be refcred to the ornmiitt e on l:n!an a fairs, because thev involve question; very mu h beyond the limits of those whifhar' ordinarily and appropri

ately acsined to that Committee. I tlinogret with him in the opinion that they constitute a

proper subject ol reference to the jvtlicicif couun'ttcf- and so perfect is my reliance on the correctness ol his judgement, when be shall have diioctcd his attention to the various subjects of this mcs-rigc, that I shall not hesitate to propose a different reference, in the confidence thai he w ill, on further reflection, concur with me in the view which 1 have ta

ken of it. and will therefore withdraw his mo

tion. r- .i - r r.i i - l- i .

rir, uie i resmi-m oi i;i? i rmei Mates, m

the message now before us. has called us to the consideration of various questions, in their nature grave, important and. delicate. lie has told you that certain ijjicrs of tlie

state ot Georgia, acta'? w ithin the limits j thai

which, ia nv view, equally transcends the linits

of the duties which appropriately belong to the Judiciary Committee. I state it thus: Is the resort to military force, Irjre Jud'dal iiqiiin is ttnd. an -appropriate mode of determin-n-x the rivals of ::e of the Sovereign Mates of this confederacy! The question, sir, is uotroomparitively unimportont. The feeling of indignation of abliorrrr.ee,, w hich uch a measure would excite, would be so strong, ;o universal, that, happily 1 r jjs. no man in the times in which we lie. would dare ti resort to it. Or. if he had

the audacity to tloso.he would bring down upon himself the merited execrations ofthe whole American poop'.e. Put we are establishing so far a may depend upon.u? principles which may affect the futoie tlestintos ef this republic, sod our experience h; taught us, bow promptly precede nt are resorted ti.to sustain as-umr tjons ofpor.-er. Another quertion. aiike. grave, preyrnf ihclf vv; it is equally beyond thc limits ofthe duiiesof any ofthe standing committee' of this bouse. If the line of conduct which thc state and its oiTcers are bound to pursue, is prer-cribed by hru- if the United States ha? a right t judicial inquiry, a to tlie e ffect and operation of that law. on the rae stated in the message.

os not tie state of G

corr-ia

cn ect'c

the parties immediately concerned. Several i.V(v'c and imoVr tU avthritj of its have of the States had already exercised their rightsk johitnl, Hccording to bis construction of it;

I nor contented that it should le c.ipposed, cither ihcro or elsewhere, titat then- exi-ted an entire

j unanimity ofopinion with the gentleman from

peedilv find its friends rallying round it. All

the States ituated a Georgia was, claimed

tlie sovereignly over tlie whole extent of their

I ... 1 I k V

Georgia on this su' n c?. Hie gentleman Irom chartered limits. I hey had iorhorne as long f .. . . .1 "... i ... i .. 4i i i i u r..4 . .i 4 r it..,

lieori'ia must know that tueie v ere iwo siue aq as iney i ;)uai,anu use i;:une m-Miuir? u um-

this 'viestion'bctvKe-n (ieorgia and the United) luiaans, their furture location and civilization.

I $tates: and he would tell the gentleman from i Georgia that there existed two opinions also. 1 not only on that question, but on the conduct j which that gentleman had designated aa "base nd infamous."' This, Mr. XV. said, was strong language, but

tasiot. argument. The

geutlemaa

had

mupt soon be decided on. Three great questions were involved : 1st. the powers of the

General Government w ithin the limits of a

State; '2d, tl;e power of the States to legislate within their own chattered limits; and 3dly the power ofthe States over the Indian tribes. His State mirhtr era this time, have, extended

rizht to

.such judicial imfiiirif'! 'i-fitre is the evidence t'ct

she shvnv it If she meets the investigation which the president teil ou be has directed to be instituted, aie her othrcrs to hav e a fair . impai tial trial Ihe privilege which is allowed to the verify culprit, or are they to ea counter it under the previous dot la ci.'.ti' a of the president and congrecs of the I nite.L States, with the army to back them: It is another subject of grave pa l hitcrc?!ing inquiry, which every lev er of peace, e v ery friend to union, w ill delight to pursue, whether some other modes my not be dt r sed.by which this ditficulty in -y he adjusted, without array

ing a sovereign state :l tms union against the confederacy, either in the forum or the fVTcl. If happily such a measure can to devised, all will agree, that it ought to be re-orted to, and yet th questions necessary to its determination are beyond the sphere of the duties of any standing committee of this house. Thore is vet a remaining question, full of importance to every member of this ccnfeelcracy. The president of the United States ha announced to us his const ru ft -a f an act of congress, and has al'edired the violation o that

an act of the congiess of the United States.

He has told you that, according to his construction of that act, he is authorised toarrrst these

olhcers thus engaged in the execution of their

duty, under the laws ofthe state, and withii.i-tct by the officers of the state of Georgia, act-

its limits, and to bring them to trial before 'H-T withm her Jurat-. mid under lae authority

the judicial tribunals of the United State, ojat his diserition to employ the military force ofthe nnioathe. army of the U. States tlie bnyonets of tie regular soldiery, to coerce the state of Georgia, through these odiecrs. to pubmit to his construction of this act, and his opinion as to the rights of that state. He has told you that he has already directed t? e arrest and trial of these oiiirer, as olienders agalnst this law ofthe United States: and before

any decision ot yours can operate this mandate

will no doubt hav e been carried into effect, s

of her laws. He has declared hi resolution to carry that act into effect, according to the construction which he has given to it, by the ue,if it shall become necessary, of all thc means at his disposal. He has distinctly announced to us his determination, as an ultimat? resort, to av ail himself of the military army of thc ua-on. ( hi a question of contested right, between thc United States and the State of Georgia, which is already in a train of judicial investigation, before the tribunals ofth". union, under his im

far.".sit relates to the arrwt ofthe suppoicd! mediate order, the President of the Umtod

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