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MARCH 5, 1832.]

Georgia and the United States.

[H. or R.

did edifice by which we are surrounded. Yea, sir, in the pure sentiment of my worthy friend from Louisiana, [Mr. THOMAS,] for giving us the right and the power to meet and mingle in this Hall for the great purposes of na-cution of this glorious deed, (beneath the frowning battional legislation.

places of peril for his country's glory, still survives, and throbs in their kindred bosoms. The same blood which rushed to his heart, and braced his mighty soul to the exetlements of Tripoli, blackened by cannon, and bristling To them, indeed, we are deeply indebted; and, do with death,) still mantles in the cheek, and flows in the what we can, we, and our posterity, shall, through all veins of those for whom, in behalf of the illustrious dead, future time, remain so. But on this subject I will not we plead. Sir, said Mr. C., let these cherished kindred, despair. From the generous feeling evinced, with re- these adopted orphan children of this great man, justly spect to the policy of this bill, by gentlemen who, on share in the honors and benefits of this bill, and I will go other occasions, have felt it their duty to oppose these for it; but reject them, and I shall be compelled, by an measures of national benefaction, I hail the certain suc-imperious sense of duty and propriety, to record my vote cess of that other bill, which will cheer the last hours of against it. the old soldier as he goes down to his resting place, redeem the nation from the long merited imputation of ingratitude and injustice, and reflect immortal glory upon the republic.

Sir, I have said, and I repeat, said Mr. C., that the principle of this bill is recommended by a just and enIghtened policy. It nationalizes an achievement which contributed, more than any other preceding it, to fix the naval character of the country, and to give the nation that confidence in the navy, and the navy that confidence in itself, which has enabled her to snatch the trident from the proud mistress of the ocean, to triumph over the boasted maritime invincibility of Britain, to elevate the naval character of our country to the highest pitch of national renown, and to fill the world with the glory of her

victories.

Mr. C. concluded by moving that twenty thousand dollars be given to Mrs. Decatur, and ten thousand to the Misses McKnight; and, unless the latter were provided for, he could not vote for the bill; but the motion was de cided to be out of order.

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GEORGIA AND THE UNITED STATES.
Mr. ADAMS presented the following memorial from a
large number of citizens of New York:

To the Senate and House of Representatives of the United
States of America in Congress assembled:

The memorial of the undersigned inhabitants of the city of New York, respectfully represents

Policy, justice, gratitude, and national honor, therefore, demand this tribute. But, sir, if we pass this bill, That in 1791, and shortly after the organization of the let us pass it in a shape which, while it evinces our high Federal Government, a treaty was concluded between the sense of the glorious deed it commemorates, will confer United States and the Cherokee nation, by which the & just, substantial, and uninvidious honor upon_the_name|United States, in the seventh article of that treaty, agreed of Decatur. Let it not be marked, on the one hand, with to “solemnly guaranty to the Cherokee nation all their the flagrant injustice of excluding a single individual of lands not thereby ceded to the United States." That, by the gallant officers and crew, who aided in its execution, from a just and equal participation of its benefits; and, on the other, let us not confine its bounty exclusively to those who are aliens to its blood.

the sixth article of a treaty made between the same parties at Tellico, in 1798, the United States agreed "to continue the guaranty of the remainder of their country forever." That these treaties were solemnly sanctioned by Let us extend its benefits, not only to the wife of his the Senate of the United States, and by George Washingbosom and the partner of his glory, but to those adopted ton and John Adams; and that their stipulations have not inmates of his family, who were dear to him while living, been altered by consent nor impaired by the conduct of as the orphan children of his sister; and who are, now that the Cherokee tribes; that laws were duly passed by Conhe is dead, the legitimate heirs of his fortune and his fame.gress to carry into effect those stipulations, by one of Sir, said Mr. C., I will not stop to comment upon the which, dated March, 30, 1802, and approved by Thomas counter-communications of the petitioner, and the re- Jefferson, all persons are prohibited from making any inspectable nieces of Commodore Decatur. I pass over trusion upon, or surveying the Indian lands secured by the alleged fact, that the princely fortune bequeathed treaty, under penalty of $1000, and three months' impriby him to his widow has been improvidently squander- sonment; and the President of the United States is emed, and that the precious relics and memorials of his powered to enforce the observance of the provisions of country's regard have been distributed among Indian that act. Your memorialists further represent that the chiefs and foreigners. I waive all these circumstances, stipulations of those treaties have been faithfully observed, and throw them entirely out of consideration. It is and the provisions of the act of 1802 have been strictly enough to fix me in favor of my amendment, that with-enforced up to the year 1829; but that, since that time, out it, in my humble view of the subject, we outrage the persons acting by virtue of certain pretensions of the State very name and memory of Decatur; that, without it, we of Georgia, (first advanced within a few years,) have indepart from the spirit of the policy which dictates this truded upon the territory thus guarantied to the Cheromeasure; that, without it, we throw the entire sum of kee nation, dragged individuals belonging to that tribe to thirty-one thousand dollars into a current which will car-prison, and in various ways have violated their rights, in ry it away into the hands of those who are strangers to his blood, and aliens to his glory. How, sir, let me ask, said Mr. C., can we so forcibly and so justly evince our attachment and veneration to the memory of Commodore Decatur, as by the adoption of this amendment? If the spirits of the dead take cognizance of the actions of the living, what can we imagine would be more grateful to the mind of the departed hero than our kind remembrance of those who stood near to him in life, by the obli- Your memorialists further show that two American cigations of duty, and the ties of consanguinity, in the dis- tizens who have settled in the Cherokee country, with the tribution of this public bounty? These young ladies sanction of the Federal Government, and with a view of were his once dependent, cherished kindred. His pulse promoting its former humane policy of civilizing the abo which never beat so nobly as when rushing to the high rigines, have been arrested while peaceably residing

defiance of the laws and treaties of the United States. Your memorialists further show that, in equal disregard of the obligations of the Union, and the rights of the Indians, by laws recently passed by the Legislature of that State, the Cherokee territory has been formally annexed to the adjacent counties, and provision has been made to survey the lands, and divide them among the citizens of that State by means of a land lottery.

H. OF R.]

Georgia and the United States.

[MARCH 5, 1832.

within their territory, and condemned to an infamous memorial in such a manner as it should think fit; for punishment, which they are now undergoing in a Georgia himself he could hardly say which course would be the prison, for no other offence than a refusal to take an oath most proper-personally he should prefer that it should of allegiance to that State, as a separate member of the go to the Committee on Indian Affairs, or to a committee confederacy. on the state of the Union, rather than to a select comm

Your memorialists further represent that no steps have the. The subject was one on which, but for the accidental been taken by the Government of the United States to circumstance of his having charge of this memorial, it had prevent these manifest violations of its laws and its trea- not been his intention to trouble the House during the ties, or to comply with its solemn guaranty: they would, session: very unexpectedly, however, he had a few days therefore, as citizens of the United States, and deeply in- before received a letter informing him that a memorial terested in the character of their common country for very numerously signed would be sent to the House, and humanity and good faith, respectfully but earnestly en- that it was the wish of some of the memorialists that it treat your honorable bodies to adopt such measures in the should be presented by him. Business had prevented his case referred to, as shall enforce the observance of the answering the letter immediately, as he had intended to laws of the Union, preserve inviolate the faith of trea-do, declining the honor conferred on him, and the memo ties solemly executed, vindicate the constitutional authori- rial had consequently come on, directed to his care. ty of the Federal Government, and secure our national Under these circumstances, he felt it his duty to preset character from lasting shame and reproach. the memorial to the House, and he had also considered i

The memorial being read, Mr. ADAMS moved that it his duty to move its reference to a select committee. For be referred to a select committee. this, he had two reasons. He was well aware that subMr. SPEIGHT moved that it be referred to the Com-jects of a similar kind had gone to the Committee on lamittee on Indian Affairs. dian Affairs, and his first idea had been that that would Mr. BELL, chairman of the Committee on Indian Af-be the appropriate committee; but, in addition to the fairs, observed that petitions on the subjects referred to precedents cited by the chairman of the Indian Committee, in this memorial had been heretofore referred generally [Mr. BELL,] another had occurred of a more recent date. to a Committee of the Whole on the state of the Union; When the resolution offered by the gentleman from and it might perhaps be proper to give this the same di- Georgia, [Mr. CLAYTON,] in reference to the United rection. The gentleman from Massachusetts, in present-States' Bank, had been presented to the House, it d ing the memorial, had expressed no definite object which been proposed to refer it to a select committee, although he had in view in moving for a select committee; nor a full and complete reference of that whole subject bad could Mr. B. perceive any useful end likely to be accom- been previously made to the Committee of Ways and plished by such a reference. He could, indeed, imagine Means, which committee had reported a bill recharter a reason why the gentleman wished a select committee, ing the bank. Notwithstanding that reference, the ge and that was an imagination that the standing committee tleman from Georgia wished a select committee, and t to whom these subjects appropriately belonged was hos- for a resolution which went to inculpate the Bank of the tile to the object which the petitioners seemed to have in United States, and proposed to make the conduct of that view. But he would appeal to the House to say whether institution, in some sort, the subject of a criminal inquiry | that circumstance, even if the fact were so constituted, There was something in the present memorial of was a sufficient reason for the appointment of a select com- analogous character. It preferred a complaint against mittee. The various standing committees of that House one of the States, and that the very State from which tat were presumed to be constituted as fairly to represent the proceeded the memorial against the bank. An incider various interests of the country. Nor could he forget which had recently taken place in another part of the that when this subject had on a former occasion been for- capitol, (the Supreme Court room,) presented to that House mally acted upon, the ground then taken was, that all and to the people of the United States the subject of the such memorials should go to the Committee on Indian memorial with a solemnity which had never before be Affairs. It was then maintained that a standing commit- longed to it. Possessing all confidence in the Committee tee of the House, and not a select committee, ought to on Indian Affairs, it had still appeared to him more app have charge of them; and during the present session, so priate, under these circumstances, to move for a select much of the President's message as referred to the sub-committee. He had no more to say.

ject of manufactures, and all the memorials on that sub- Mr. WAYNE stated that, for the very reasons given by ject, had been referred to the standing committee; and the gentleman from Massachusetts, in favor of referring Mr. B. well remembered some of the arguments brought the memorial to a select committee, such reference ap forward by the gentleman from Massachusetts at that time in favor of such a reference.

peared to him inexpedient, especially that reason which had respect to a recent decision of the Supreme Cour In reference to another subject, the gentleman had sup- The memorial went indirectly to reproach the State of Ge ported the same doctrine when so much of the President's gia with the course she had pursued respecting the India message as related to the subject of finance and of the within her limits, and also with the operation of her las tariff was referred to the Committee of Ways and Means. upon particular individuals. If a decision had been gives Again, when the memorial in favor of rechartering the by which those laws of Georgia were declared to be Bank of the United States had come into the House, he constitutional, with what propriety could the House no well remembered that the gentleman from South Carolina act on the memorial before it, before the subsequent course [Mr. McDUFFIE] had taken a similar ground, in which he of Georgia should be known? He understood that a ma was sustained by the gentleman from Massachusetts among date had gone to the court below to correct its errors others. He therefore could not see how the gentleman the reasons on which it was founded would soon be ad could now advocate a select committee, without contra- before the public; and though Mr. W. did not believe dicting principles before advanced by himself and his that it was the wish or design of the gentleman from Mass friends. For these reasons, Mr. B. was of opinion that if chusetts to throw into the scale of public sentiment a de the memorial now brought in must take a direction which cision of the House of Representatives, by the adoption of had respect to future legislation, the Committee on Indian an elaborate report from a select committee, yet such Affairs was the only appropriate committee to which it was manifest would be the consequence of the motion be ought to be sent, and he therefore moved its reference to had made. Why should such a committee be raised? Was it for a select committee of that House to investigate what Mr. ADAMS said that the House would dispose of the the Supreme Court might have done? Could it add any

that committee.

MARCH 5, 1832.]

Georgia and the United States.

[H. OF R.

thing to what the court had done? Before the House pass-what they would think of an inquiry into the conduct of ed on the memorial, it ought to have the opinion of the the State of New York in sending off her Indians to Green Supreme Court before it; then they might see how far the Bay to freeze to death, after first taking away their domiaction of that court had fallen short, and in what respect nion from them. How would New York like it, should Et needed aid from the action of that House. He put it to Georgia present a memorial such as had now been read? the House, whether such a reference as was proposed But he did injustice to that great and patriotic State. This would be respectful either to the General Government or memorial, he was confident, was not the act of that State, to a sovereign State. To give through the report of a but it would turn out, on investigation, to be the work of committee an ex parte statement of what were the laws of a few of her citizens who were dressed in black gowns; Georgia, of what had hitherto been done, and of what who professed to minister in holy things, and made many ought yet to be done in reference to the Indians within fanatical pretensions to superior benevolence, humanity, her limits. He trusted he had said enough to show that piety, love to the Indians, and all that; who thought that such a measure would be improper. But if further legis. Georgia had not piety enough—that she had not sufficient lation was needed, he would give the House a reason why regard to the principle of humanity, and who, therefore, the memorial should be sent to the Committee on Indian were graciously willing to take the State of Georgia into Affairs. That committee had the interest of the Indians, their holy keeping. The memorial proceeded from a few as well as the interests of the United States in reference pragmatical individuals who were disposed to be busyboto the Indians, under its peculiar charge; and it was for dies in other men's matters. If the House had any rethem to inquire whether Congress had done all in the spect for a sister State, a sovereign State, they would repel way of legislation, which it ought to do on that subject; such memorialists as these, they would throw such a meand if any thing further was wanted, that committee morial under the table, and not aggravate to a yet higher might present it to the House in the shape of a law, or of degree the feelings of a State already wrought up to a a report. As one of the representatives from the State of higher pitch than she could bear, and who only wanted Georgia, he was opposed to the appointment of a select the application of a match to blow the Union into ten thousand fragments; when there was not a State south of the Potomac, which was not at this moment under the highest degree of excitement, whose people were not rising against oppression, and by town meetings and every other form of expressing public opinion were endeavoring to bring the United States to a sense of justice. Would that House consent to make itself the instrument of adding excitement to excitement, till they should rend the Union to pieces? A few steps more, and they would bring those States to a condition like that in which the colonies were immediately before the rupture with great Britain. He warned, he cautioned gentlemen; he would not stoop to entreat them. Memorials like these could be got up at any time by a set of deluded fanatics. Congress should look to the condition of the old States, and not by a reckless and unfeeling course provoke them yet further. He prayed gentlemen to consider. He warned the House to proceed with prudence and consideration, and though he would not implore them, yet he earnestly warned them to disregard such a memorial.

committee.

Mr. CLAYTON, of Georgia, now said that it was not his intention to offer any disrespect to the gentleman who introduced this memorial, as he believed there was no one who cherished towards him a higher degree of veneration; yet he felt himself at liberty to say what he was well convinced the people of his State would say were they personally present, and that was, that the gentlemen who had drawn up and presented that memorial were doing what they had no right to do, were meddling with what did not concern them, and were acting impertinently in the presentation of such a paper. He was almost afraid to trust himself with such a subject, representing as he did half a million of the free people of the United States, and knowing the great indignity which they had lately received in the pronouncing of a decision which he hoped and believed would be resisted with the promptitude and spirit which became Georgians, and which he was very sure never would be executed till Georgia was made a howling wilderness. As to the memorial, Georgia would treat it as it deserved, with sovereign contempt; and for him- Mr. PENDLETON, of New York, said that the genself he did not care where it went, though he should sup- tleman from Georgia had great reason to distrust himself pose the most proper reference would be to the Committee in reference to the important question before the House. on Foreign Relations, since it seemed now to be settled He believed the House had seldom witnessed greater emothat the Cherokees constituted an independent foreign tion on a more inadequate occasion. The gentleman kingdom. The gentleman had referred to his resolution seemed to imagine that the petition which had been prewith respect to the bank, but there was a clear difference sented came from the State of New York. [Here Mr. between this and the question; it was expressly declared CLAYTON, speaking across, said he had corrected himin the charter of the United States' Bank, that when its self.] But it was no such thing, said Mr. P. It was a peaffairs were examined by the House, that task should be tition from citizens of the United States, who possessed by performed by a select committee. This was the reason the constitution a right which no gentleman there was why he had moved that his resolution should be referred competent to question, to present their wishes, hopes, and to such a committee: although the gentleman from Massa- opinions to the House of Representatives. What was the chusetts had said that the two cases were similar, yet he question? The memorial presented a statement of what should say God forbid that Georgia should ever put herself had been the law from the earliest period of our national on a footing with the Bank of the United States; and when history until the present time-a law which was publicly ever she was so treated, he should always repel the attack. known in the nation, and which was sustained by the treaGeorgia stood upon a coequal footing with the other ties of the United States, and by the constitution. Against States, and far, very far, above the speculating footing of which course of law, Georgia had assumed a jurisdiction the Bank of the United States. which did not belong to her, and under the exercise of Mr. C. said that he had risen for the express purpose of which two American citizens had been committed to prison. showing his contempt for that memorial; and he would, Mr. P. asked whether there was the least portion or intherefore, move an amendment to the motion of the gen-gredient of novelty in the statements which the petition tleman from Massachusetts, which was, that this memorial presented. Was this a new attempt to resist the enshould be referred to a select committee, provided the croachments of Georgia? Far from it. The petitioners State of New York should first consent that a committee stood up for a law which, while this country possessed any of this House should be appointed to investigate the man- thing that could be called antiquity, might claim that anner in which that State had treated the Indians within her tiquity, having been coeval with the existence of the Golimits. He would ask the representatives from that State vernment.

H. OF R.]

Georgia and the United States.

[MARCH 5, 1832.

dolph, John Reed, Root, Russel, Win. B. Shepard, A. H.
Shepperd, Slade, Smith, Southard, Stanberry, Stewart,
Storrs, Taylor, F. Thomas, John Thomson, Tompkins,
Tracy, Vance, Vinton, Washington, Watmough, Wilkin,
Wheeler, E. Whittlesey, F. Whittlesey, Edward D.
White, Wickliffe, Williams, Young.-92.

Such memorialists were not to be charged with rashness, Archer, Ashley, John S. Barbour, Barnwell, Barringer, or with an attempt at usurpation, if they presented their Beardsley, Bell, Bethune, John Blair, Bouck, Bouldin, views to the House in a respectful manner. The petition Branch, John Brodhead, John C. Brodhead, Cambreleng, was consonant with the uniform law of the country. He Carr, Carson, Chandler, Chinn, Claiborne, Clay, Clay. was not prepared to say whether, in selecting one of two ton, Coke, Conner, Craig, Davenport, Dayan, Dewart, committees, any of the grave and momentous questions to Doubleday, Felder, Fitzgerald, Gaither, Gordon, Griffin, which the gentleman from Georgia had alluded, did or Thomas H. Hall, William Hall, Harper, Hawes, Hawkins, did not arise; but if they did, there was an obvious pro- Hogan, Holland, Horn, Howard, Hubbard, Isacks, Jarvis, priety in sending the memorial to a select committee. Jewett, Richard M. Johnson, Cave Johnson, Kavanagh, The judgment of the House, or of the Speaker, so ad- Adam King, John King, Henry King, Lamar, Lansing, vised, would place on such a committee the talents and Lecompte, Lent, Lewis, Lyon, Mann, Mardis, Mason, the temper so eminently requisite in giving to this subject William McCoy, Robert McCoy, McDuffie, McIntire, the consideration it deserves. In saying this, however, he McKay, T. R. Mitchell, Muhlenberg, Newnan, Patton, meant no disrespect to the Committee on Indian Affairs. Pierson, Plummer, Polk, E. C. Reed, Rencher, Soule, That committee had been organized without any refer- Speight, Standifer, Stephens, P. Thomas, Wiley Thomp ence to such a question as this, but a selection made at this son, Verplanck, Wardwell, Wayne, Weeks, C. P. time would be made with a direct reference to the sub- White.--91. ject. He hoped the House would not be thought to inter- NAYS.--Messrs. Adams, C. Allan, Allison, Appleton, fere with what was often called the sovereignty of Georgia. Armstrong, Arnold, Babcock, Banks, Barstow, Isaac C. The use of that expression, however, was but a begging Bates, Briggs, Bucher, Burges, Cahoon, Choate, Collier, of the question. In the matter in hand, Georgia was not Lewis Condict, Silas Condit, Eleutheros Cooke, Bates sovereign, and the gentleman, in calling her so, assumed Cooke, Cooper, Corwin, Coulter, Crane, Crawford, the chief thing in dispute. The circumstance of a solemn Creighton, Daniel, John Davis, Warren R. Davis, Dearand recent decision of the Supreme Court gave to the sub- born, Denny, Dickson, Doddridge, Drayton, Ellsworth, ject additional importance. Such a subject was of itself G. Evans, Joshua Evans, Edward Everett, H. Everett, sufficient for a select committee, and this consideration Grennell, Heister, Hodges, Hughes, Hunt, Huntington, alone was sufficient to decide his vote in favor of such a thrie, Irvin, Jenifer, Kendail, Kennon, Leavitt, Letcher, committee. Marshall, McCarty, McKennan, Mercer, Milligan, New. Mr. THOMPSON, of Georgia, said that he presumed ton, Nuckolls, Pearce, Pendleton, Pitcher, Potts, Ranit was not the opinion of any member of the House that it was proper, at this time, to enter upon the discussion of the great Indian question. Few could doubt that, in some form or other, the subject must be discussed during the session. He should not enter into it at present, but would merely offer a few remarks in reply to the gentleman from Massachusetts, [Mr. ADAMS.] That gen- So the House refused to lay the memorial on the table. tleman had not stated any specific objection to the refer- Mr. BEARDSLEY, of New York, observed that the ence of the memorial to the Committee on Indian Affairs. petition was couched in respectful terms, and appeared On the contrary, he had expressly admitted that, under to be signed by a very large number of citizens. It did the rules of the House, that would be the appropriate not point out or advise any particular mode of action by committee. But he had adverted to a recent occurrence the House. No fault appeared upon the face of the pa in another part of the capitol, which he seemed to think per, yet a gentleman from Georgia had suggested that ought to govern the decisions of this House. Could it be the proper course of the House would be to repel the possible? Could any gentleman possibly think that a de-memorialists, to put their memorial out at the door, or cision of the Supreme Court ought to dictate a course to throw it under the table. But every citizen of this rethat House? Suppose it should turn out, on a calm in- public had a right to petition that House; and if he did so vestigation, that, with regard to this very point, there were in a respectful manner, Mr. B. was prepared to act on conflicting decisions of that tribunal: how then? But his petition as circumstances might require. enough of that. The gentleman from Massachusetts pro- view had been taken on the other side, and a colleague of posed a select committee. Why? This preference was his [Mr. PENDLETON] had suggested that the motion be probably founded on the idea that the Indian Committee fore the House involved the right of petition; but in would take a different view of the subject from a select this he certainly was mistaken. The manner in which committee. But was that any reason why the rules of the a petition should be disposed of, had no connexion with House should be departed from? Would not the same ob- the right to offer it. The House had already received jection apply to a select committee as to the Committee the memorial. The right of petitioning had been exeron Indian Affairs? A select committee will of course be cised; and however the memorial might be disposed of, composed of gentlemen in favor of the memorial. This that right remains still inviolate. Mr. B. inquired what was parliamentary. But it formed as great an objection object the House could have in professing to act on this to a select committee, as any supposed prepossession of a petition. How could the action of that House be brought standing committee did to it. A departure from the rules to redress the grievances it complains of? of the House, for the most part, resulted in a waste of those grievances? They were two: first, that Georgia time. As the whole subject would hereafter come before had extended her laws over the Indian territory; and, the House, and would receive a fair and full discussion secondly, that two citizens of the United States had been under a different shape, he hoped the gentleman would condemned and punished as criminals, under the laws consent to its lying for the present on the table. Mr. T. concluded by making that motion. Mr. ELLSWORTH asked him to withdraw it, but he

refused.

Another

What were

of that State. The petition also said that certain treaties of the United States had guarantied to the Cherokees the occupation of their lands. Now it was notorious that the two individuals had been tried and fully convicted Mr. WHITTLESEY then demanded the yeas and nays of what was deemed a criminal offence, and the validity on the question of laying the memorial on the table. They were ordered by the House, and, being taken,

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of the law was in the petition drawn into question. But since then the Supreme Court had decided that all the acts of Georgia extending the jurisdiction of her laws over the Indians, and declaring the acts which these per

MARCH 5, 1832.]

Georgia and the United States.

[H. OF R.

sons committed to be criminal, were unconstitutional, in- honest, and the House might with propriety receive their consistent with existing treaties, and, therefore, null and memorial. void. Well, assuming this to be so, it might have been Mr. ELLSWORTH, of Connecticut, said that he did very fit that the Supreme Court should render such a not look upon this memorial in the same light as some judgment, that the judgment should be enforced, and other gentlemen seemed to do, who had addressed the that the Executive arm should be applied to carry the House, and he was happy that it had not been laid upon judgment into effect. On that point, however, he was the table. Be it what it might, its character was subnot called to express any opinion, nor was that House. stantially this: An application from two citizens of the They were not there for the purpose of giving effect United States, who feel themselves to be in bondage, reeither to the executive or to the judicial power. They spectfully made through their friends to this Government, sat there to enact laws, to lay down the rule of action. It to know whether they were in fact constitutionally imremained for the judiciary to interpret those laws, and to prisoned, and were so to remain. He did not consider issue their mandate accordingly, and, if resisted, it was the the question as between the Government and Georgia, duty of the Executive to call out the military force. In but between the Government and these citizens, who set those subjects, however, a variety of subjects were in-forth that in consequence of the action of the Governvolved, which did not come before the House on a mere ment in relation to Georgia, they had been imprisoned, collateral matter. What did gentlemen propose? He and who came to the House to know whether there was hoped the House would be apprised of the object in view. no relief for their case. The question was, what could Was it said that the law of the United States was defect- be done? Would any say that this was a question that ive? That was not complained of. The complaint was belonged to the Committee on Indian Affairs? What as to the interference of Georgia with the rights of the had that committee to do with it? Clearly nothing. If Indians. But this House could do nothing which would it was appropriate to any one of the standing committees affect Georgia in the case. The laws it had already en- of the House, it must be the Committee on the Judiciary.* acted, were abundantly sufficient to meet all the ques- He did not personally wish that it should go to that comtions which could arise on this petition. Gentlemen mittee. But the subject was before the House, and a might say that Georgia had improperly treated the mis-deep interest was felt respecting it throughout the comsionaries. Granting this to be true, had the House the munity. Ought it not to be sent to a committee who power to relieve them? Could that House repeal the laws would give it prompt attention? The gentleman from of Georgia? Could its action operate in any way on those New York [Mr. BEARDSLEY] had said that the House individuals? No doubt the persons who presented the could not act upon the subject. That might be the case, memorial entertained a very honest conviction that Geor- or it might not. He trusted the decision made in another gia had been guilty of extreme oppressions; and though branch of the Government had secured the release of he could not concur entirely in that opinion, he admitted these individuals from their unconstitutional bondage. He that they had a right to present their views on the sub-believed that that decision had effected its proper object. ject in a memorial; while the House, on the other hand, He hoped that neither the threats nor the ardent feeling had an equal right to dispose of that memorial as they manifested by the gentleman from Georgia were a just might see fit, as they would of any other memorial. If it indication of the ultimate course which Georgia would should be manifest that the House could not act, it might pursue. But if that decision was constitutional, yet could very properly lay the memorial on the table. He could not see how the House was called to act on either of the subjects in the memorial. Was it the province of that House to enforce treaties?

Mr. DODDRIDGE here interposed, and inquired of the Speaker whether it was in order to go into the merits on a mere question of reference.

The SPEAKER replied in the negative; but he understood the gentleman as arguing to show that the memorial ought not to be referred at all.

not be enforced, the intercourse between them and the Indians would be taken out of their hands, and he pronounced, in his place, the constitution to be broken and gone; and henceforth it would be a perfectly easy thing for any State to throw off at will the obligations of that instrument. But if the decision should operate to free these citizens from what had been denominated a worse than Tripolitan bondage, he should rejoice. The me morial came from very respectable citizens of one of our most important cities. Was not the House to take cogMr. B. resumed, and said that he was endeavoring to nizance of it? Ought they to send it to the Committee on show that there was nothing on the face of the memorial Indian Affairs? They might as well send it to the Comwhich called for, or could receive the action of the House.mittee of Claims. He hoped that it would go to a select The gentleman from Massachusetts had spoken of a de- committee, that, if there were in the House any friends cision of the Supreme Court, and of the fact that two of these imprisoned missionaries, they might have an opmissionaries were imprisoned. He did hope the gentle-portunity of going before that committee to see whether man would explain to the House the object that was to these men could or could not be delivered. It might be be obtained. That House could do nothing to further necessary to legislate, or it might be proper to inquire the effect of a decision of the Supreme Court. If that into the facts and report them to the House. In either court had jurisdiction of the case, their judgment was case a select committee would be the proper organ. binding, and it was the duty of the Executive to enforce Mr. REED, of Massachusetts, said that he knew not it; but if they had not jurisdiction, the House could not the name of one of these petitioners, but they seemed give it to them. He thought it would be treating the to be numerous, and he was told they were respectable. memorial with no disrespect to lay it upon the table, and He trusted they would be treated as all other petitioners not, by referring it to a select committee, to treat it as if were, with great respect. it was a matter of special importance. He did not sup

He was sorry for the remarks which had fallen from pose the gentleman from Massachusetts so designed, but the gentleman from Georgia, [Mr. CLAYTON.] He conhis motion might induce many to get up such petitions. sidered them entirely uncalled for. The gentleman had He could not agree with the gentleman from Georgia, anticipated the subject, which would come quite soon that all the signers of that memorial were black coats, enough. He regretted that the gentleman from New or deluded instruments, acting under their influence. York [Mr. BEARDSLEY] should have supposed that the He knew not that such was not the case, but that num- subject did not admit the action of that House. Some bers of the signers were acting under a deep and honest gentlemen appeared to him to wish to give the matter the feeling. He considered indeed that feeling as in a great go-by. But the very thing inquired of was, whether degree mistaken, but he had no doubt it was perfectly there could be no useful action in the House. The thing VOL. VIII.-127

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