The Massachusetts spy, and Worcester County advertiser. [volume] ([Worcester, Mass.]) 1825-1831, 1827-02-21

that State presumed 10 iegisiate on parucu-
lar subject, over which he believed il had en-
tire control, it would do so on its own tespon-
sibility, and at its peril. Would not such
threat apply equally well to all other acts Of
/ sovereign legislation by that or any other
State. He wished to ask him whether this
language was to awe any State of this Confed-
eracy, however small, and If, when thus
threatened, she must submit as matter Of
course. Whence was this gentleman's au-
thority for any such threat derived! VAST
from his power or influence in this House, or
had be uttered il as the organ OF the Admins
traticn? Mr.. H. said, he had no wish to pro-
duce excitement but the Legislature of Mis-
sissippi did contend for its authority to extend
its power of legislation throughout the whole
of its chartered limits, as well over the In
dams as over the white population. If she
was restrained from doing this, she ceased to
be State.
MIR. WEBSTER, after allading to the queI-
ton before ;he House, said,
One word as TO the Hon. Membe' from Mis-
sissippi: When any member OF the House asks
of me an explanation Of any thingpersonal as
to himself, am ready to make it If any gem
tleman asks an explanation as to my facts, or
any argument, or clearer statement OF any
argument have advanced, amFeady, at all
times, TO comply with his wishes. For all 9TH
er purposes / cannot submit to becatechised;
and TO some of the queries which that gentle
man proposed to me, shall, therefore, give
| no answer.
Mr.. w. went on to say, that h had menace
ed nobody; he had uttered n, threats, as
seemed to be supposed bUt, onthe contrary,
4 he fnne Of 10 m IN
from the other side, and not froO his side of
the question; of that, howeve, the House
would Judge. Was it offensive to sovereign
States for him to say that they icted, in any
particular manner, on their own responsibility
and at their peril? Sir, those States do act at
their peril; and, if they undertake " extend
their Legislation in the manner retired to,
they do so on their responsibility, auf at their
peril. shall not take back a syllable of what
| said, either in manner or substancel wish
to be understood as repeating it, word for
word, and syllable for syllable. Sir, What are
the circumstances of the case Tie lands,
over which these States claim 10 exscise ex-
elusive Jurisdiction, have never beer subject
to State laws from the foundation of dis Coy
eminent; the control of those land has a.
ways been with the Congress of the United
or rather we forbid the purchase of item by
individuals. We enact all general tegua-
tons concerning the Indian tribes whoinhabt
them. Their municipal concerns haze hith
erto been managed by themselves; they
maintain their own peace and their own laws.
Ii was now said, that the States ofAlabma and
Mississippi either had extended, or Intended
shortly to extend their legislation to tie lands
nd g IN
in do what has never been done or att.mpted
before, and what has, at least, verydouLi-
full aspect and, when said that the, must
do this on their responsibility and at thar per-
ii, meant no more than that they woun ven
ture on the exercise Of a power which they
might be found not TO possess. I tell that gem
tleman that | mean what | say. | am told
sovereign State. BE it so. l. it not a posi-
BILE thing that sovereign States may sometimes
act in manner which violates the Constitu-
lion? Are not conflicting laws of Staff and
OF the United states TO be discussed and set
tied for or against State, before the Judicial
tribunal?
am told by the honorable gentleman from
Georgia, (Mr Forsyth that the Courts are
open, and that that this question may be set
tied by judicial tribunal. This might have
been a remarkably good argument 10 address
to the State of Georgia before she took the
remedy into her own hands. 1t is anew mode
of settling constitutional question, to seize
the lands 10 dispute, and send out the Han
cock troop Of horse to defend the possession
OF them. But, at this stage of the affair, that
appeal 10 the Courts comes with rather an
awkward grace. When a man advances
claim against the lands of his neighbor, he
makes his appeal to the law but, when he
forcibly enters upon possession of them, he
makes his appeal to something different from
the law.
Mr.. FORSYTH said, the honorable gentle
man from Massachusetts has thought proper
TO allUde to the menacing tone which he al
leges 10 have been used in the discussion Of
this message the other day. | am sorry that
he should have thought it necessary, in de-
fence oil himself, again to attempt to crminste
others. deny that there was any intention.
on my part, to menace either this House or
the Administration.
The gentleman from Massachusetts,, pro-
Iessing to have formed no judgment, remark
ed, that the menace came from the other side
referring to what fell from ms. Sir, speak
for Georgia; is he against Georgia? or does
he mean that he stands here for the Admins.
tration, and that am its opponent? If am
wrong in having formed an opinion, the gem
tleman is tar gone towards a similar error.
regret it. because know the weight OF his
character in this hall, the Vigor of his mind,
and the extent of his resources, and the great
and commanding influence which he OF late
too often exercises here
The gentleman said If any State extended
her jurisdiction over Indian lands. she did so
at her own peril Peril OF what? Of expul-
sion from the Union? OF declaration of
war! or OF being overpowered by the combin-
ed efforts of her sister States2 or OF that mild
resort to the judicial tribunal, the result OF
which is always safe? 1t was strange Ian
guage which the gentleman used, however
Interpreted. suppose he meant to refer 10 a
resort TO the judicial tribunal to control the
movements Of the State Goveraments.-