Public Leger, Volume 3, Number 145, Richmond, Wayne County, 10 March 1827 — Page 1

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' A -.PA TJ

fit t x i

FRIENDLY TO THE BEST PURSUITS OF MAN.

g-.LL TIIl?G"T TO FREEDOM, AND TO PEACE." Coirper.

RICHMOND, WAYNE COUNTY, INDIANA, SATURDAY, MARCH 10.

182

4

p n t.lishi d kky Saturday p.Y li committed entirely lo the functions Oi

't:!.Uun s Hotel

tmk riucK or THI:

7 i m i r fl " -

I the military force, to arrest the person of the offender, and after bringine iiim with-

i in the reach of the jurisdiction of the

VWVM Courts, there to deliver him info custody "AXs two tn;m- ' inr trial. Tlin Sn,,l m.,1.,0 l :

. T-.i !.ll:.r .. . ' ia mi. VM-IMOI

;U:',U.; Mlxn and Fifty r;,.ts ' ?' U,e ,IU "nioiiable only allot his offence

l il nui .r.' tL. , x, r ;;.M. of tl.; 3 :.r: j, las !een consuinated, and when he has t'ltiavlvuic. 'mi" :o t! .. n.ntw 1 ,i.t, rt-i j returned within the civil jurisdiction of the iTltCZvXuZ ntrsar.! lJllU' , Tl P i" the first instance, ! " M I' '-!,, t- u 'i until all ..rtcara : ;.re i merely of a civil character, hut may in , t ; " -manner, he enforced, t calling in, if V'M, Uy -:r;t:;;i;Vl. riiJ of the millitary force.

" J . 1 ." I .

if

I.: h .-naming no doubt that, in the pres

ent case, the resort to either of these tnrab s ot process, or to both, was within ? h o d i .: r . ww. 1 . . .1

W..V.1. nun i 1 me iL.xecuiive authority.

(- i. tit

t mn Heat) to the Indians, and the laws j of the Union remain unaltered, a superadded obligation, even higher than that of ; human authority, w ill compel the Executive of the United States to enforce the j laws, and fulfil the duties of the nation I by all the force committed for that purS pose to his charge. That the arm of milij tary force will be resorted to only in the cj vent of the failure of all other eipedients I provided by the laws, a pledge has been iiven by the foibearance to employ it at j this time. Il ie submitted to the wisdom j ol Congress to determine, whether any furj ther ac t of legislation may be necessary or e xpedient to meet the emergency which

.these transactions may produce.

JOHN QUINCY ADAMS.

The Meaue having been read in the

r ;Vr t: -. 1... On.- 1).!- 1 pnotrated with the duty of maintain- i . t- 't-- ia-: the rights of the Indians, as secured!'

-tb l y he treaty and the law, 1 conclude j JJoneof HepresentaUves, ..Mr, u ;lel;aer.ition,to have recourse on !; Mu FORSYTH, exprcec n.s oca.ion, the first instance, only to i' (i,M thai the subiect was now

iw. tiii: cmvaak in?i ans. 1 'l-ijv liom tljel'it-si

r.-

. c

1 1

was x ',.-tei ! a i

S t i ii.-n '

i i "!'. 1 . . . ! i i! !' i ( . . ".m . -i nt u the I. u!t u k I : u! i i-. v h n-

ine can process, lush ur tiers have accor

dingly been given by the Secretarv of War to the tt n e, arid Marshal of 'the United States in the Dictrict of Georgia, to o.rntiiehf o pro.-ectition against the Mirvevi tinp! ain d of as having itdated the I v, u!,i!. .rder liave at t!ie same time

toiuat-h d to the Agent oftheUni-

i ' i! s at once t

o mure the Indians,

- g ; v , r ; - i ! ' " e

a ::o i i g ' i " .a d !! . .; m ., i. x ! so I ; '-a e : !, i lift i d .-n ;! .e , on the - 2 I ?

tlteir right-, founded upon the treaty ) law are rccognizi (1 h this Go

t'n:r:,Mi!.i.:.d will be faithfully protected,!

ar e, ear. -;! to cxlujit thtm. by the for- i (J..

d his satisfac-

ubject was now presented to

the House in a manner w hich would com p I a solemn decision on the question. For Georgi he said, he protested against charges hring made against her, which were not sustained by facts. He rejoiced that the Fx cnlive liad refrained from applying i ho miiitarv power which he had no con!itali. nai ight to do, but that he had prefor: ,1 t resort to their civil authority. The state; was acting in virtue of its own m t ft m

i s ;, oreignt ; an authority whuii fiacl

nr ver heen questioned lut in the state of

. : ,' 'a n l';' ! i : i ( i ' . Ic ' i: i . .: - - a -:t . I n ti.it i' i i . r . . i :!.;?(. i in i!l . t .1:1' !', . ,. .: .'. t m ii

i

n

i i . i - , eveiy act of hostility on their ai, t, jir s. i!ump;jired, that riht to

pr..ti etfon sr euir 'j to them by the sacif d i; ph-dge of thegj.e,: faith of this nation. V c nf these iustructioiK ur.d orders an ! u T'-with hanmittrd to Cor gio?. j ' ah-Jai; i,g af this sl ige of thr pro- 1 "'!: i: !i an the apj I: ration of ai: nil it a- j 'V I i .'Ve heel! gofi rd the l ' -nl. r ;!io;.s. w hj. h ill. I ! ra-l.meet roe

I

oigia. He moved to refer the message

to the c. annutlee id the whole on the stale of : he I : ion. .Mr i'.-v. F.r.t. a-! od if !h grntl-mr.n fion-

ticnh-M speoeii that an legisi.iive act t! " it ead.l f !:..u tt.e reference. j Mv. J'Yi,;v rn replied in the negative. Ifj

tiie opinion ofthe Hoijs should te given to

Id tet-

tale, it Wi nil! ?

I

'ruirree ofthe Egi-d iture. Auiong

rn. ore narainotiiit ttimortani-f h.i : t i

i i ' '

ahn to the r ig'.t oi ' Me

if- the j u 1 1 ; i . li tite ;ipp a! he made to.i.'i'- judici .1 liibuna'- it would he 'prop- : I v - Miio.l Ever', dificultv litid arisen

-

S 1 i : a .

i:!i i .. ..' I'

ll

1 1,

ill eia o ui others.

The

ac-

irveys have been attempted j . j,,,, a j., Ai1llT i,, th: city ought loshaw

i'! p i i !v i !h f t.a!. uiah r o h ur of b gal 1 that t

:!..! if;, irom t!e state of Georgia. That

! an : e or - ar tin r lore not to pe view

t

it-jo

: in! " hght ot individual ami m litar) i !'- a-f - ,rs but :i Ifa4 A lien of a sov j -:n State.a' ting in-diediehee toauth-'iitv I

an it

t. ' ia 1:. vt d to be hi

t.

T 1

i iii!. f . ,

i

ii'iOir.g Upon :

in. I at irnal i.-.ns have been given! oi l tin ne et with inter: ti n! jo:-. Ihev

r

i i

at ai! h i, u d', be su-taini-d by the

i 1 1

I 1 1 v 1)1

a- ' J tiia state, in vvSfn ij evvnt

a I... a -Mill If t

i:-.: -u'J-r

; , . . : , ! . i . t ! ! '. i , v ti ' r. !itan 1 1 .1 v . -u- h i e i ' ' v ' ' 1 - " . -m ii !' : - ecnng eia

la p: a u.e, i

the miht irv foia.e ol the Ui-ion shouhi

ave heen eaiphncfd to enicaee "sis v'n la j lll(J

. i . r . i

m .vaiae iniau.'!s eonuut i ol those

vvho 'vt i . In : e w it ti 'ae Indians v. hi h had creat- d tlo kliji'n u' . i ; ! - r ' n -aid he was inu.fercnt as f the r ! tc ' o. hat he was unw Tiling that an iit.!re-.-io;i -li.aihl o abroad tiait the i - -ntinn nt- and ' pres-ions of the gentle m .ii from (in rjia i ceived the universal ;ilA ilea f '! e i iiai-e. llv begged lore

; ;! t.e.n there was more than

te, miestion: that there wcrci .;-to what he called crutl.l - i

and bjamous. All this was

mi n a ilia?

one

sidt:

1 1 '

two earn

a-e.

! law, a co. Ilict mutt leave et sued, who h ;.' haa-g talkin" but it was not clear reason

.;;!.! in it- If, have indicted a wound op r ;J. The gentlman aid that nothing but a the Union, and have presented the as- j. (,,. ihhrf. ret re ofthe Government pre- ( : t ot one ol those confederated States at j t , 1 1 r i the bulians from going right, and war with the r'st. Anxious, above all, to j the-- he grow warm on the subject, and tvert this state of things, v et, at the sane- j; .;, Vii u. adan- must go to the legal ti ibu-

tw.-'.ve months. H tl o ,! time impres-i-d with the deeie st eonvic !i n,.!-: it i- with him hands tdffor tl.e nrt s-

i

t i s t tii.t s. of the ame statute. ';r r...rs are prescribed, by '; uhnh tlx a!nve enact ' t in a ! into ev cution. E

iared, to he lawful hi

e of the I t.ited Statr-s to 5 : r-ori found in the hi i and he ond the hounda- !' I : ili d ate and the v -olation of any rd'tbe pro-

lion of my own duty to take care that the j! .tl: h t the Jaw take its course. If the laws shall he xta;tt d, and the faith o ,! :uia'is are admitted to have any rights,

the nation preset ved, I have ufced of the :l thef are those in the United States w ho

1 V

means entrusted to the Executive for that

purpose, onlv tho?e whieh, without resorting to military faeo, may vindicate the saix tit v of the law . hv theordiuar) agency ofthe Judicial tribunals.

will slant! forward to protect them. If we have made contracts with them, which

i confer certain rights, we are not to leave i thorn to seek the enforcement of those

rights at our judicial tribunals, but to ful

It ought not. how ever, to be disguised.,' jhe o ligations we have assumed. High

that the act ofthe Eegi-hiture of Georgia, ji words will not terrify declamation will

'.n- I the act, and imrne- ; under the construction given toil by the ! not frighten the House into any other v t:a n hv the reare'' oj - Governor of that state, and the survey s j rouisc. I Ie was disposed to examine all

I ' - r.

i t to the civil autiiority made, or attempted, by his authority, be-

:"' s, in -erne one ot the ; yond the boundary sf.cured by the J reaty ;:.;ng States r I hiri( t-. ';; of Washington, of April last, to the Creek aga::.-t in dug course f Indians, are ii direct violation ofthe Su-

; preme Eaw of this land, set forth in a Trea- j

' ! ' ' i- dir. ( ! d, that it any t ty , which has received all the sanctions c 'ii'h a violation of an v of provided by the Constitution, nhichwe : - (i regel atiot, of the art 'have been sworn lo support and mair:1 ' i'hin any of tn Unit' d lain. 1 i'Mrt!. i, T.'rritori.il di-tricts Hannilv distributed as the sovereign

' a: ay I fj.M :ipj,i (heraied, ! poweia of the people of this Union have j 'f!,t 't-d ir, the same mat.m ras '. heon, between their general and state j 1 ' '-; ii"-m e had heen commit- . government, their history? has.already tooj

;"!' - tte or Di-hict: and that M often presented collisions between these , " ;;'t.v of the military face of 'divided authorities with regard to the ex'v -.. a- a called upon hv the j fent of their respective powers. No in- !; v -r any proper offn er. or ! vjance, however, has hitherto occurred, in 7" :--.v auihoried for that pur- h v.hieh. this collision has-been urged into a . : iau f il warrant, to aid j conflict of actual force. No other cause i-'i .L?i-trail.. ,.fr., .r ..r t.t!(- i! Lnown to have happened, in which the

.ii ,h h. .krr...ti..., wii. h i ......Jiratioii of military force by th Gov-

. . . - ! 1 11 I I. .l .-l illicit

Tit ol the union, n.is ui-oi p-

rattlini: him to tafe c us- j' eilltm

- -- . - ....

"";,f - i.iinmolaw i! f..r the enforcement ol a law, the violation lf f' ' pr...-,? i, adapted ij of whic h has, uitbin any inglo Mate, been :,l,,,lr.:,;,rnmM Indian ji prescribed by a Eegi,lative act ol the ;;;!!l"TU nrd inlheact of I state. In the present i. stance ; it wasdur 451 - liut, a, ,t applies j tv to say. that if the Legislature :'i:,;(-ov. are ofthe1 Uni- j utive AuIIkh ities of the state of Ueorg a :':r1" u!,,lr t!l(. ,Uilpro- UhotiM persevere in acts of encroac -,vs--aut ,o:iz sl c,ur,e. I mcnl ut un the territories secured hy a ol

Cburie

a " - - -

rights dispassionately, and none mre so

than those el the State ol Georgia. lie .would he frightened by no denunciation; he would not ho dictated to as to the course winch he should pursue; at the sam? timo denunciation and dictation should not produce the effect of re-actiou; he would not sutler himself to be driven to anv act which would be injurious to the rights of any. He had made these few remarks, because on a mere question of reference, an elfort had been made, nol to argue, hut to assume an argument, that Ihe United States was in the wrong. He cared not whether the reference was to the committee ofthe whole on the state ofthe Union, or to any other committee, he was prepared to meet it with a spirit of calm inquiry. He had been induced to make these "observations in order that the gentleman from Georgia might understand that the members of the House were not to he intimidated by bold assertion. Mr. Forsyth said he had not attempted to dictate to the House, i or to any mem he r ofthe House, nor to the people of the United States, nor to impeach any ofthe opinions that might have been formed. Rut it was natural that the Representatives oi Georgia, the goverument of which

VOLUME .

was deeply implicated in the result, should

have, and having, should indulge, in feelings of warmth on this subject. " The gentleman who had just spoken, came fiom Massachusetts, a state which was many hundred miles from the seat of this dispute; there was no danger there of being met by the bayonet; and it was natural that he should be calm, and should be prepared to take a sober view ofthe question. But those of Georgia felt differently ; and when they felt they could not conceal their feelings. Their rights had been violated; they had appealed to the House; but, heretofore, their appeal had been in vain. As far as the proposition of reference goes it was approved by the gentleman from Massachusetts. How then did he censure his course? It was possible that the gentleman might think with them; it was possible, but not probable, lie says he will go into an investigation of the subject, leaving an inference that he has never yet investigated it. Mr. Forsyth went on lo say that his opinions were against the course which had teen pursued by the Executive, and he should be prepared to assert them before the committee to whom the su' ject should he referred. They could suppress their feelings whenever it was demanded by higher consideratiors; but w hen that was not the case they would speak out. Mr. Haii.e expressed a hope that the communication would go to a committee ofthe whole. When a subject of this kind was touched, it vibrated on other cords than those of the parlies immediately concerned. Several of the States had already exercised their rights over the Indian? within their chartered limits: and Mississippi intended shortly to follow the example, and he would assure the gentleman from Georgia, that, if the bayonets of the General Government should on this acCoiu t he turned against any of Ihe States, it would speedily find its friends rallying around it. All the States situated as Georgia was, claimed the sovereignty over the whole extent of their chartered limits. They had forborne as long as they could, and the future destinies of the Indian?, the ir future location and civilization, or their final extinction, must soon be decided on. Three great questions were involved: 1st, the power of the General Government within a State; 2d, the power of a State to legislate within their ow n chartered limits; and 3dly, the power of the States over the Indian tribes. His State might, ere this time, have extended its limits over the Indians within its territory. If it had no right to do so, this House ought at once to say so. He hoped there would be no occasion to resort to military force. Georgia certainly had a right to assert what she believed to be her rights, and to speak her sentiments upon this floor. He hoped the whole matter would be heard and settled; for, should Congress adjourn without settling it, consequences were likely to issue, of great in terest to many ofthe States. Mr. Werster rose to make one remark in reply to the gentleman from Mississippi. That gentleman, he said, had reason to know that he (Mr. VV.) was disposed to use all proper authority of the United States to extinguish Indian titles to lands within the States. But he must tell the gentleman from Mississippi that the States would act on their own 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 uch measure was contemplated in the State which the gentleman represented, Mr, W. hoped that gentleman would lose no time in warning his friends against making such an attempt. The relation which the United States held to these tribes, of parental guardianship over these remnants of mighty nations now no more, was a very delicate relation. Its general character was that of protection, and, nvhilo every facility was given to extinguishment of Indian title, let not that circumstance be so far pre-umed on, that the States

should attempt to exercise authority within the Indian limits. Any such course would be attempted at their own responsibility. Mr. V. concluded by saying, that he was ready to do all that could be done to extinguish the Indian title in the States, and particularly in the States east of the Mississippi. And this disposition, common to all parts of the country, should not be

6 ) far presumed upon as that any Stato should undertake, of its own mere motion, to exercise an authority over the lands to

ft;

r i i 9 I : : ,1 ' h i : - i r 'I ! I ' 1 I I 1 . .;a : ' '-; '' i-hi .I (! j tw , i .; !? ' h i 1 i 3 V 4 "! ' I J I 1 a - h 'hi' . i I ' - 1 1 1 ! . . i r i I; I I 'i - -if. f ; I " s 1 s O v