The Wilmingtonian, and Delaware advertiser., 1827-02-15

the civil juriodiction Of the Union. his
process, in the first instance, is merely OF
civil character, but may, in Ike manner cs
enforced. by calling in, II necessary, inc Aiu
of the military force.
Entertaining no doubt that in the present
case, the resort to either OF these modes OF
process, or to both, was within the discret,on
OF the executive authority, ana penetrated
with the duty of maintaining the rights OF
the Indians. as secured both by the treaty
and the law, | concluded, after .uli delibera'
ton. to have recourse on this occasion, IN
the first instance, only TO the civil process
Instructions have accordingly been given by
| the Secretary of War. to the Attorney and
/ Marsh all of the United States IN the DIS
trct Of Georgia, to commence prosecutions
1 against the surveyors complained OF as nav
ing violated the law, while orders have at
the same time been forwarded to the Agent
of the United States, at once to assure the Int
dians that their rights, founded upon the
treaty and the law are recognized by this
government and will De faithfully protected,
and earnestly to exhort them, by the tor
bearance of every act Of hostility on their
part, 10 preserve unimpaired that right to
protection, secured to them by the sacred
pes of these instructions and orders are
herewith transmitted to Congress.
In abstaning, al this stage OF the proceed
ings from the application OF any military
force, have been governed by considera-
ticns, which will, | trust, meet the concur
reHce Of the Legislature. AmonB them, one
ai paramount Importance has been, tina
these sar.eys have oeGa attempted, ard part,
1, effected, under color Of legal authority
from the oGate Of Georgia. That the sur
yeyors are therefore not to be viewed IN the
tight Of individual ard solitary trangressors,
but as the Agents Of a sovereign state, act
ing IN obedience 10 authority which they be-
lcyed to be binding upon them. lntiHa,
ti,as had been given that. should thcy meet
MA Interruption, thsy wcald. at al hazards
be sustained BY thc military force OF She
STATE. in which, cyeut, if the military
force of the Union, should have been cm-
pi0s2l to enforce its violated .w, contact
mpal Lave ra,ucd, which wolld, 10 itself,
have inflicted i wound upon the Unian, ard
haN, presen' ed the aspect OF one oi these
confcder,ttd states At war with thc resi-
Anxious, above all, 70 avert this stltc CT
things, yet, # the sam t!nr. impressed
with the dc pest conviction q. my own duty,
to take care that the aMs shall 5e executed
aud the faith If the nation presented, have
used, Ct the mrans entrusted y ting r.Hecn
tive for that pntpssc, only those which, With.
ont rcseiting . rsi,itart force. may ,mdicate
the sanct,ty q TIC ,a.,s, 81 the ordinary sstn-
" Of the ldairi.l tfta'uais.
il ought nos, tpWlytr, t. be disguised,
that the sct of ;ar Legislature cf Georgia.
under the consturten given = il by thc
Governor os that Sta,e, and the surveys
made, or a6temptrd, n his auiholity be
,nn5l sic boundary secured b. the Treaty q
Nashagton, q nil iast, q the Greek H.
ditns, are u daect violation q the supreme
Law Of tais leua sct forth ias Trea.y, whirh
has receiycG Al tity sanctions provided by
the Constitution, which We have eeen sworn
70 support anI Eathtain.
Happily distributed as the sovereign pow
ers Of tho People Of This Un,cn havc been,
GetIeen their G,atral ana Sss,ltc Govern
ments their history has already too often
presented collisions between these divided
authorities, With re%ar 70 the extent d sheir
respective powers. No instance, however,
has hitherto occurred, in which this coils
ion has Dcen urged into conflict d actual
force. No other case is known t. have hap
pcned, ii which the application Of military
lorcr >r the Government Of the Union, has
been prescribed for the enforcement Of a
raw, tnt violation 81 when mas, within any
sinslc STATE, been prescribed By a Lcgisla-
tive act ot The, state.
u tha present instance, it is my duty to
say, that, If the Legislative aud Executive
Authorizes Of the state Of Georgia, should
persapercia ia acts Of encraoaehment upon the
territories srfurad BY a solemn treaty to
thh indians, aud the laws Of the l'non re-
~ 10 una'terca, a supcralGcd obligation.
rren hignlr taan that III human authority,
viii compel the Gx cutlve OF the United
States t. eatnrce tae laws, and fulfil the du-
ties Of the Nation, by Al tte force commit
ttd tar that purpose to Mis- charge,
That the arm Of military iorev viii be re-
sorted ~ only II the event 81 the failure Of
~ o.h"r cXpedlt nts provided by the laws a
pledge has been given By the forbearance to
employ II al tins time 1t is submitted to
the wisdom OF Congress to determine,
whether any fnrthcr act ct legislation may
be necessary or exreditnt 70 meet the emer-
stncy which tnrse trms4ctlooS NAV pro-
dacc. JOHN QUINCY ADAMS.
r,9r
NlNETEESrH CoNCREoS,-2 SES ION
[coNriAEn FRp rnE sAripsAL JounsAL.]