Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1827-02-10

persevere in acts OF encroachment upon the Terri
tories secured by solemn Treaty 10 the Indians,
and the DAVIS of abe Baion Esz.in a..lfcreA, en-
persdded obligation, even higher than that Of hu |
man authority, will compel the Executive Of the u
S. to enforce the laws, aud fulfil the duties Of the
Nation by all the force committed for that purpose
to- his charge. That the armed military force will be
resorted to only in the of the failure Of all
other expentlents provide BY the laws a pledge
has been given, by the foibearance to employ it at
this time. Ii is submitted TO the wisdom of Con-
gress to determine, whether any further act Of
legislation may be necessary or expedient to meet
the emergency which these transactions may pro-
duce. JOHN QUINCY ADAMS.
The Message having been read
MIR. Benton moved the reference of the Mes
sage to the Judiciary Committee. At first he had
though, il fit subject for reference to the Com.
mittee Indian Aifars; but he did not now
think so, as there were questions involved in the
message in relation to the enfo of laws and
treaties, which required investigation by the
Judiciary Committee.
Mr.. Benien said agree with the Senator
from Missouri, that this message, and the accom-
panyins documents, ought not to be referred to
the Committee on iniian dFairs, because they
involve questions very much beyond the limits Of
those which are ordinarily and appropriately as
-ignei to that Ccmmiitee / disagree with him in
the opinion that they constitute proper subject
of reference TO the Judiciary Committee; and 80
perfec, is my reliance on the correctness of his
Judgment, when he shall have directed his at,en-
ton 10 the various subjects of this message that
shall not hesitate 10 propose different reference,
in the confidence that he will, on further reflec-
ton, concur with me in the view which have
taken ofit,and will therefore withdraw his motion
Sir, the Presten, of the u. s.. in the message
now before us, has called to the consideration
OF vsriou. questions, in their nature grave, impor-
tanf, aud delicate.
He has told you that certain officers Of the
State OF Georgia, acting toithii the limits of that
State, and under the authority Jf its lotcs, have
violated, according TO his construction of it, an
| act OF the Congress of the u. 8. He has told
you that according TO his construction Of that act
he is authorised 10 arrest these officers thus engage
ell in the execution of their duty, under the laws
OF the State, and wit hin its limits, and 10 bring
then TO trisl before the Judicial tribunals of the
u. s., or, at his discretion, to employ the mill
tsry force OF The Union, the army OF the u. S.
the bayoDets OF its regular soldiery to coerce the
State of Georgia. tbro 'gh these officers to submit
to hts construction oil this act and his opinion as
to The rights OF that State. lie has told you that
he has already dhecte the and trial Of these
officers, offenders against the la of the u s.
and before any decision of yours can operate this
mandate will no doubt have been carried into eff
feet, SO Ear as il relates the arrest of the sun
posed offenders. He submits TO you the inquiry
whether any &C, OF. Legislation be necessary on the
part OF the Congress OF the u S.; and aecompa
MES this inquiry with the declaration of his deter
minaion. under sense of higher obligations tn IN
any which Congress can impose, if in his view i,
shall become necessary, To call out TIE military
force of the U. S. to carry this of Congress in
10 effect, according to his understanding of its
| meaning and intent.
Sir, repeat The declaration. The questions
presented by this message grave, important,
and delicate. They cannot be arranged under the
head OF the duties, appropriately and peculiarly
assigned to any one OF the Standing Committees of
this House.
Admitting, as in Difference 10 the authority bv
which they are asserted, we are bound to do, for
the mere purpose OF this inquiry, that tue facts
stated are true, the first question presented is this,
Does the case stated fall u'dr the provisions of
the act Of Congress referred to in the Message, ,
Abs'ractedly considered. as a mere question of
statutory construction, agree that tlIi- is Fl,
subject for inquiry by the Judicial Committee. But
another question imme diaiely supervene. The
President, IN the same message, tells You that he
mas already taken measures submit this q,iesto.
to the decision of the Judicial tribunals OF the II
States. With Knowledge OF this fact, is il bro
per LOT US TO give our ion TO the use of the
military force OF the Union, during the peuJencv
OF tins Judicial investigations I apprehend this
inquiry transcends the limits of the duie, assigned
to the Judiciary Committee. 1t would belong
more appropriately TO Committee the state
OF the Republic, if such Committee existed
Excluding the idea of the actual penaency Of
judicial q!ry, which has been instituted under
the orders OF the President of the u. s. himself
another question presents itself, which, in nv
view, equally iranscends the limits of the duties
which appropriately belong to the Judiciary Com
mi,'ee. i stale il thu:
Is the resort to military force. before Judicial
inquiry is had, an appropriate mode of de. ermin.
ing The rights OF one OF the Sovereign States of
this Coniederacy? The question, sir, is nou COM
Paratively unimporant. The feeling of ind.na-
ton, OF adherence, which such mca ure would
excite, would be so strong, SO universal, that,
happily Tor US, no maD in he times in which we
I'VE, "onld dare TO resort TO il. Or, if he had the
audacity 10 90 so, he would bring down upon
himself The meriied exccrsiions o! the whole Anne
rican people Bu, we are establishing, 20 far as
may depend upon US, principles which may affect
Inc future destinIes OF this Republic; and our ex.
PerIence mas Taught US, how promptly rTecedents
are resorted 10, to sustain assumptions of power.
Another question, alike grave, p. esents itself to
our con Iteration, and il j. equally hey ond The Ii
miis OF The duties OF any OF the Standnp Commit
tees Of this House.
II the line of conduct which the State and ira
officers are bound TO pursue, is prescribed by lar
ii the United States has right to judicial in
quiry, as To the effect and operation OF that law on
the case sisted in The message, Has not the State
81 georgia an equal rightto such judicial inoui
re-! Uheye IS the evidence that she shuns in
If she meets the investigation which the ptesi.n,
tells you he has directed to be instituted are her
officers TO have a fair and impartial iriaI-tbe
privilege which is allowed to the verest culprt or
are they TO encounter il under the previous denun
cialon OF the President and Congress of the IT, g
viii the Army TO back them,
1t ~ another subject Of grave and interesting in
curry, which every lover Of peace, eyery friend
to the Union, will delight 10 pursue, whether
some other mode may not be devised. by which
~ ma he A