Martinsburg gazette and public advertiser. [volume] (Martinsburg, Va. [W. Va.]) 1826-1833, 1827-02-15

ty and the law, are recognised by thu
Government, and will be faithfully pro
tected, and earnestly to exhort them
by the forbearance Of every act OF hos
tility on their part,to preserve unimpoir
ed that right toproiection, secured I,
them by the sacred pledge OF the goot
faith of this nation. Copies Of lhess
Instructions and orders are herewith
transmitted to Congress.
In abstaining, at this stage OF the pro
ceedings, from the application OF any
military force, have been governed by
considerations, which win, trust, sneel
the concurrence OF the Legislature. a.
mong them, one Of paramount impor
lance has been, that these surveys have
been attempted, and partly effected,
under color of legal authority from the
State of Georgia. That the surveyors
are therefore not to be viewed in the
light of individual and solitary trans
gressors, but as the Agents oil soyer.
eign state, acting in obedience 10 au
thoriiy which they believed to be bind
ing upon them. limitations had beer
gwen that, should they meet with inter
ruptiou, they would. q, all hazards, b.
sustained by the military force OF the
States in which event, if the military
force OF the Union should have been
employed to enforce its violated law, q
conflict must have ensued, which would
in itself, have inflicted wound upon
the Union, and have presented the as
pect of one 81 those couiederated states
at war with the rest. Anxious, above
all, to avert this state of thug, yet, al
the same time, impressed with tue dec
pest conviction of my own duty, to take
care that the laws shall be exec uted,
and the faith OF the Nation preserved,
| have used, of the means entrusted ia
the Executive for that purpose, only
those which, without resorting TO militia.
ny force, may vindicate the sanctity OF
the law, by the ordinary agency OF the
Judicial tribunals
II ought not, however, to be disguis-
ed, that the act OF the Legislature OF
Georgia, under the construction given
to it by the Governor of that State, and
the surveys made, or attempted, by his
authority, beyond the boundary secured
by the Treaty Of Washington, of April
last, to the Creek Indians, are in direct
violation of the Supreme Law OF this
land set forth in Treaty, which has
received all the sanctions provided 0y
the Constitution, which we have been
sworn TO support and Maintain.
Happily distributed as toe sovereign
powers Of the People Of this Union have
been, between their General aud state
Governments, their history has already
too often presented collisions between
these divided authorities, with regard
to the extent If thei, respective powers.
No instance, however, has hitherto oc-
CURED, in which this collision has been
urged into conflict Of actual force. No
other case is known to have happened,
in which the application of military force
ny the Government Of the Union has
been prescribed for the enforcement of
law, the violation OF which has. with
in any single State, been prescribed by
a LtStcBdttfC dNt Va N,iasCs hh ttic
present instance, it is my dutv to say,
that, if the Legislative and Executive
Authorities of the State of Georgia
should perseyere in acts of encroach
ment upon the territories secured by a
solemn treaty to the Indians, and the
laws of the Union remain unaltered,
superadded obligation, even higher than
that of human authority will compel the
Executive cf the United States ia en-
force the laws, and fulfil the duties of
the Nation, by all the force committed
for that purpose to bis charge. That
the arm of military force will be resort.
ed only in the event Of the failure Of all
other ,xpedients provided by the laws, a
pledge has been given by the forbssr-
auce to employ il at this time II is sub
mitted to the wisdom of Congress Ia
determine, whether any further act of
legislation may be necessary or sxpedi-
ent TO meet the emergency which these
transactions may produce.
JOHN QUINCY ADAMS.