The Litchfield County post. [volume] (Litchfield, Conn.) 1826-1829, 1827-02-16

liberty and religion, taught them in the lant
where they were captives.
I From the National Journal.
THE GEORGIA CONTROVERSY.
1t is always with reluctance that we no.
tice the print published in this city under
the title of the United States Telegraph
but, as it is the vehicle through which a
party in our country endeavors to sustain a
personal opposition to the Administration,
we are often constrained, in exposing the
proceedings of that party, to encounter its
elected organ. Of its system of bold and
baretaced misrepresentation, no incident
is more extraordinary, than its commenta-
ry, yesterday morning, on the Presidents
Message to Congress on the subject of the
unfortunate controversy that the State OF
Georgia has for some time waged with the
General Government ; controversy in
which the policy of that government has
been founded on the principles ofjustice
and on public faith, and has exhibited on
its part series of untiring efforts to pre-
serve unimpaired the rights of a sovereign
State, without invading the rights of the
unfortunate people whom the Constitution
required it to protect. The last of these
efforts was the Treaty at Washington, Of
April %, 1926, securing to the Greek In
dams defined territory. Within the
limits of this territory, surveyors have,
Notwithstanding, been employed, under
authority from the State of Georgia, in
surveying lands. Here then is plain
case of right secured by Treaty between
the United States and the Indians, and a
violation of that right by citizens of the
United States. What then was the duty
Of the President, under the obligation of
his constitutional oath If it was, as we
presume the hardihood of opposition will
scarcely venture to deny, to execute the
laws of~the United States, were any of
those laws violated by the survey7
The Act of Congress, of March 80,
1902, to which the President refers, in
terms prohibits ga survey or an tat
tempt to survey. lands "secured, or grant,
"ed by Treaty acith the United States to
" any Indian 7ribe," and Furnishes such
an offence by fine and imprisonment. 1t
is difficult to imagine any legal enactment
more clear in its phraseology, or more
strongly guarded against the possibility of
misconstruction. But some things may
be attempted of which the performance is
despaired of: insinuations may be made,
where direct assertion would be suicidal.
Accordingly Mr.. Berrien, of the Senate,
in the course of certain remarks which the
Telegraph styles, perhaps by authority,
"very appropriate" says, the President
g has told you that, according to his con-
" struction of that act, he is authorized to
&" arrest those officers in the execution of
g their duty,'i. e. in violating lao of
land. If the honorable Senator can
place any construction on the act in ques-
ton, contradicting its palpable, unequivo-
cal meaning, such construction, however
agreeable to those with whom the faith of
Treaties is subordinate to other considera-
tons, must, we apprehend, be unsatisfacto-
ry, if not unintelligible, to the mass of the
American people.
If the offence is exactly defined, the
statute is equally explicit in prescribing
the modes by which it is TO be enforced
Ofthe two which it enumerates, the Pres.
ident states that he has resorted to civil
process only, and has directed the propel
officers Of the United States to commenc,
prosecution against the surveyors. Ant
yet the Telegraph says" We did not ex
"pect Mr.. Adams would so soon assume
the sword: or that he would constitute
"himself into dictator, charged with tn,
"power Of declaring war, and war too
"against our own citizens 1t is yer,
true, that the act of 1902 makes it Lawful
for the military force of the United State.
to apprehend, under certain circumstances
every vlolator of that act; and that the
President "entertains no doubt" that thi:
mode ofprocess twas within the discretion
OF the Executive authority" That he
might have used the military force of the
United States in experimenting the survey
ors, the law in so many words declares
and it was reserved for the rhetoric of Mr.
Berrien to designate the asserted right t.
such an exercise of constitutional duty. a
an employment of "the military force O
"the Union,the army ofhe United States
"the bayenets of its regular soldiery, t,