Indiana Republican, Volume 3, Number 119, Madison, Jefferson County, 20 March 1819 — Page 2
Lc offenders in his own territories, or in a free place, for instance, on the open sea; if he pleases, he requires justice from their sovereign ; but on seizing them even in a free place, every one does himself justice, in this manner pirates are treated. And to avoid all misunderstanding, it is agreed that every private person committing hostilities without a commission frcm his sovereign should meet with th: same treatment" Here is law for you, exactly in point. Here were Arbuthnot and Ambrister, committing hostilities, (the one by exciting to war, the other by leading in it,) without a com. mission from their sovereign. Gen. Jackson caught them and treated them as the law of nations prescribes as pirates, and put them to death. Allow me Sir, in this place to lemark that all allegations against general Jackson with respect to the nature of the testimony, and the finding of the culprits guilty, are misdirected. The court were the jury. If the parties were convicted upon feeble or . false evidence, it was not his fault, but that or the court, lie ubmitted the case to their decision. Fie did not find the prisoners guilty himself; he only applied the law. This, Mr. Clay, you are well aware, is the usual course in the ordinary courts of justice; and you ought not to condemn gen. Tackon for following the practice. 2. They could not he tried and punished hy the civil courts cf the U. States. It is not necessary to dwell on this point. The jurisdiction of the courts of the United States, it is notorious, is confined to offences committed at sea, or within the limits of the U. States and their territories, or on lands guaranteed to the Indians by treaty. Offences within a foreign jurisdiction are not cognizable by them. 3. A court martial is the only tribunal that could try them. This point is established by the weil known fact, that all military offences can be tried by such a court alone. Tnc offences ot Arbutlmot and Ambrister were strictly military. They fomented war ; they furnished supplies; they led to battle. 4. General Jackson bad full authority to put toem to- death after they were found guilty. By the rules and articles ot war, all sentences may be confirmed and executed in time of war, by the general oilicer ordering the court. (Laws U. S. page 32, vol. 4 Now; sir, do you or any other man, by fair reasoning, drive me from these positions if you can. I have had hopes of you which .1 should be sorry to see wholly disappointed. You have a certain quickness of parts, a certain portion ot abilities ; and you are a speaker sufficiently agreeable to make you respectable in the eyes of your fellow citizens. But do not destroy yourself by self delusion. You are neither a man of erudition, a profound calculator, a master of elocu tion, nor have you in a proper degree the command ot your temper, to make you what I call a great statesman. There are not wanting those who think they see in you that unsteadiness, that wavering ; Vhidi indicate an eventual
downfall in the political world. I confess I do not go so far. What you will be time must developc. Resort to severe study and deep meditation. Examine yourself with rigor ; chastise and control your passions ; this is the sincere advice of a friend ; whom ycu do not know, but does not wish your usefulness to the public to be lost. 1 have marked your progress from the Sc. natc to the House ; from the House to Ghent ; from Ghent to London; and, from London to the House again. I have sometimes feared for you ; for trust me, Mr. Clay, government is an engine of potent operation ; and deeply as I know you think yourself versed in its arcana, you are yet a mere novice in the paramount principles of its tremendous machinery. Without any particular reference to you but assuredly with a reference to many of the orators and writers who have taken part in the discussions concerning the Seminole war, I shall conclude with a quotation from David Hume's introductory section of " An enquiry concerning the principles of Morals." Read it Mr. Chy, and recommend it, I beseech you, to the perusal of ail those who take a part in this affair. " Disputes with men, (says Flume) pertinaciously obstinate in their principles are, of all others, the most irksome ; except, perhaps, those with persons entirely disingenuous, it? really do not believe the opinion they defend, but engage in the controversy from affectation, from a spirit of opposition, or from a desire of showing wit and ingenuity superior to the rest of mankind. The same blind adherence to their own arguments is to be expected in both ; the same contempt of their antagonists; and the same passionate vehemence in enforcing sophistry and falsehood. And as reasoning is not the source whence either disputant derives his tenets, it is in vain to expect that any logic, which speaks not to the affections will ever engage him to embrace sounder principles." TIIEMI3TOCLLS.
"THE RIGHTS OF MAN." The doctrine that men are born free and equal" is a great theoretical favorite in this country ; but, like many other theories, is most wretchedly practised in some parts of the United States. One would imagine that the living & standing contradiction which is exhibited in the abominable fact that there are more than a million ot human beings within our limits that arc doomed to the most severe, unrelenting & hopeless bondage, would bister the tongues of the men who had them in chains, whenever the language of freedom, of liberty and equality, finds utterance from their mouths. Still, ic so happens, that where slavery, in its most horrid forms, exists in the greatest degree, and is maintained in the utmost rigor, there we find the loudest pretentions to a love of freedom, of the most sacred regard to liberty, equably, and the "Rights cf Man" We have been led to make these few remarks, by finding in a Georgia newspaper, a legislative act n the subject of
free people of color in that state, passed in the month of Decern ber last, which we believe may safely challenge the records of the most unblushing despotism of modern times for its parallel. We regret that it is not in our power to publish this statute at length as it would furnish an excellent model for the nations on the Barbary coast, in case of their future cmancipation from the jurisdiction of the Grand Seignior, & consequent establishment at a free and independent republic. The following is a general account of some of its provisions: By the 2d section it is made unlawful for free persons of color, (friendly Indians, articled seamen and apprentices excepted,) to come within that state, and every person offending is rendered liable to arrest, and to the payment of a penalty of 100 dollars; and in case of failure to pay the same within the time prescribed in the sentence, to be sold at public outcry as a slave. And if such person, having paid his first penalty, shall be found there at the end of twenty days thereafter, he is made liable to a second prosecution and sentence, in the same manner, and soon as often as he may be found in the state. By the 4th section, "any will and testament, & deed, whether by way of trust or otherwise, and every contract, agreement, stipula in, or other instrument, in writing, or by parol, made for the purpose of effecting or endeavoring to effect the manumission of any slave or slaves, or indirectly or virtually by allowing & securing, or at templing to allow and secure, to such slave or slaves, the right or privilege of working for his, her, or themselves, free from the control of the master or owner of such slave or slaves, or of enjoying the profits ot his, her, or their labor or skill," are declared to be utteily void; and any person who shall make anv such deed, contract &c. or accept any trust under them, is nude liable to a penalty not exceeding 1000 dollars; and every slave in whose favor such deed, &c. shall be made, is liable to- be sold as a slave at a public outcry. By the 5th section, it is made the duty of every free person of color residing in that state, on the ist of March annually, to apply to the clerks of the inferior courts in the several counties, and procure their names, ages, Sec. to be registered, for which service they arc ordered to pay 50 cents each; and the clerk is ordered to publish a list of the names of such persons in the newspapers to the intent, that all persons interested may have notice thereof; and if no objection is made, the clerks are directed, on or before the 2d Monday of April, to give certificates to the persons enrolled. By the 6th section, it is ordered that, all free persons of color, (Indians, &c. excepted,) who shall be found within the state, and not enrolled, or who have been refused certificates, and who shall be found working at large tor their own benefit, shall be held to be slaves, and may be arrested and sold as such. By the 7th section, all regis, tercel free persons of color, be
tween the age of 15 and 60, are made liable to do public zvork for the counties and corporate, towns where they reside, under such regulation and penalties as the inferior courts shall prescribe; and it is made the duty of the courts to call them out for the purpesc of such work not exceeding txuenty days in one year. By the 8th section, free persons of color, (Indians excepted,) arc prohibited from purchasing or acquiring any real estate, or slaves, either by direct conveyance, or by way of trust, cither by grant, or by will, deed, he. but all such estate and slaves arc to be forfeited, and paid over, after deducting ten percent of the value for the informant, one half to the state treasury and all persons who shall be concerned in covering or protecting such property, so as to secure, or attempting to secure, the legal or equitable title thereof to such free person of color, shall be liable to a penalty not exceeding one thousand dollars. By the 10th section, it is made the duty of the courts to construe the several provisions of the act, as to carry the same into full and complete operation according to the true spirit, intent and meaning thereof. Under this act, the clerk of the county of Chatham advertises, that he will attend on the first Monday in March to register the names of the free blacks, and he says, " as these persons cannot all read, their friends should instruct them." On such contingency do these unfortunate wretches, in a country where freedom is professedly secured, where Christianity is avowedly believed, and its doctrine, are preached, depend for their freedom and personal security. Every secti jii of this act is a disgrace to the country. And among them, the fourth stands pre eminently distinguished.After all the other severities enacted for the purpose of oppressing and tyranizing over the blacks, they are subjected to the burthen oi'ztar&ixg twenty day: for the public. This is a stretch of oppression, that would become Algiers or Turkey, far better than a free, enlightened, and just republic. New Fork Daily Adv.
IN SEN A I E. February 19. Agreeably to notice, Mr. Otis, having obtained leave, introduced a hill to protect the commerce of the United States from piracy ; which was read twice by general consent, and referred. The engrossed bill making further provision for the sale of the public lands ; and the engrossed bill to designate the boundaries of districts and establish land offices for the sale ot unsold lands in Indiana and Ohio, were severally read the third time, passed, and sent to the House of Representatives for concurrence. House cf Representatives. The bill making further provision for the sale ot the public lands; and the bill for designating boundaries of land districts, and establishing offi-
ces for the sale of hnds retr
mil uuDviu in iuuiana anriM hio, were received from t Senate, severally twice read I 1 IslA Saturday, Feb. a0. BANK OF THE UNlTpn STATES. U The house again resolved self into a committee of
whole, on the subject of ty vid Bank of the United States, ty tn.c motion to repeal the chart! wjr of the bank being still uodm)6Zv consideration 2 Mr. Lowndes, of South Car. olina, rose and addressed tJ ; vuS committee more than thre ar : hours in decided opposition tjf tne the motion. f was
Mr. Tyler, of Virginia, f0U lowed, and spoke about an ho;;j in support ot the motion; wherj having given way tor the pur," pose The committee rose, andth; house adjourned. Monday, February 22. The house again went into committee of the whole, Mr. Basset in the chair, on the sub. je:t of the Bank of the United States Mr. Johnson's motion to repeal the charter still under consideration. Mr. Tyler concluded the ar. gument which he commenced on Saturday in favor of the motion, and in reply to Mr. Lown. des occupying nearly 2 hours 1 to day. j Mr. M'Lane, of Del. spoke f about an hour against the m tion; and Mr. Sergeant occupied the , floor about the same time and on the same side of the question. The committee then raze h The house adjourned. Fuesdaj, Feb. 23. IN SENATE. The bill from the house of representatives authorising the transportation of the mails ic steamboats, was read the third time, passed, and returned to the other house. j The senate resumed the consideration of the bill making appropriations for the support of government for the current car, together with the amend ments reported by the committec of finance thereto. The amendment making a further appropriation for the centre building of the capitol, wrts disagreed to. One of the amendments re ported by the committee was to make the sums heretofore advanced by the United States, and now appropriated for the Cumberland Turnpike, reimburseable "out of the fund reserved for laying out and making roads, to the states of Ohio, Indiana and Illinois, by virtu:, of the several acts for the ad-N mission of said states into tV Ijnion ;" in other words, & make the reserved funds of Indiana and Illinois responsible for these advances, as well as that of the state of Ohio. Thp nnfitinn nn fhnrnrnn?
in this amendment was decided I ti in the affirmative by yeas and
nays Yeas 22, Nays 13. The remaining amendments were agreed to, and, with the bill, ordered to be read a third time. The bill for the better organization of the Treasury Department, passed through a committee of the whole, and w ordered to a third reading.
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