The Virginian. [volume] (Lynchburg [Va.]) 1822-1829, 1827-02-16
N.aeiesnoh Coasrrss. slse-s'on.
Is TIE SENATE.


aA Ia.ard STATES, FEB d on ne ffes"ttte
" a4ss. ~rsfatitr 10 Gs1rgIaffHat h ''ehsa,
N, nev<on moved line reference . me Me-
..ge 10 III. ladieiary Gom.Bliiee. A. Afst =
la thought j. = "a subject Tor re't'ea'e ;.
A. cam.njt,ee % Ihd,an Ah'ifsi eH' Re :"
40, nov think ~. a. there seie Sefsi""s /"
"a we'd Ia ia. message ia relsiinh ." nc e"vfs'
men, Of laws aud IT ffiss, shieh teau"su a
). eestts n,en by the Judiciary N9H''a''ee.
Mr.. Berrien said iegots sha inc senate
d.s,,, that Tins IN ,ssse, and tie a.
ne q, .ntfec on hditn ififs, BE-
-. ,hev in, I'VE aa ,stiens very inueh bcyonr
a. ! ms ~ fuse which are ordila lily and ap
80 ,tcl, assigned 10 fAst Comhliiiee. lhs
mr. 9Th him ~ the oIinion thai they eonsii
-s,e : srsper subject Of reference 10 The Jtd
asro ceA aiqee aud ~ perfect IS ny reliance
ou The correctness of his judgment. when h.
ANAL have directed his attention e. the sarioh'
.nt,,ccis Of eiis message thar shall not hesitate
Al n,anose n different re- efcnee, Intio eoDtdcncf
Shsi be- vail, % further reelection, concur viii
nein no viss which I have taken of u, aud
ain .,rrcfore withdraw sis InoIioi.
s;r. the pfe.taeir Of the tnlhsd Htatcs. IN tho
massage n ,g before Us. has called MS To the coii'
siderai,na VI yarions questions, Ia their nature
grave imporfhni, aud delicate.
Ue hak tdad veu that ccftaiu qBieeri OF tie
STATE of Georgia. ae4iHg miihn me hp,its ~ maj
yiqfe. aud ulaies iht authority of us lars, haze
violated according &. 1s construction of IT,. an
act Of the Congress of the United Strfes, III
has told ,9a thar. according TO his construction
Of that act. ic is authorized TO arrest these oil
GERS thus enaile1 ~ the execution OF their duty,
under the laws Of the state, aHd within rs limits,
and to bring Them 10 trial before the judicial
tribunals ofthc uihted States, or, OF lbs dscre-
non. To errpioy tie military force Of he Union,
the army OF The Unitsd States, ,le bayorets of
in regular snldiery, 20 coerce thc State of Geor-
gia. through these %dfiicers 10 submit TO has con-
t,rscfion Of This act. aud his opinion rs TO the
rights Of ths, State. lie has told you that be
has already Directed the arrest and trial Of these
officers. as offenders aguias, this law Of the T.
nited States; and before any decision Of yours
can opera.,. this mandate will no doubt have
been carried into effect, 80 far us II relates otbc
arres, OF he suppose offenders. lie submits
10 you ihc inosiry. whether any act OF legisla.
ton be necessary ON The pnrt ofdhe Congress Of
the United states and accompanies this inqui.
~ sith the declaration Of his determination. IN
dor a sense Of higher obIgatiors than any which
Congress- can impose, lin hisyiew II shall be
come Necessary to call out the military force Of
III, Uniitsl States 20 carry this act of Congress
in,o cGcri, according To his understanding of ITS
.nieaaiag md mtent.
sir, lrcpeai the declaration. The questions
presented is this message are grave. important,
a ID drifcate They cannot b. arranged under
tlie head oithe duties, appropriately aud pccu.
1iariy assigned to any one of the stahdlng Com
miuees o. tds House.
Aimiuiis. as ~ difference to the authority by
which t4es are asserted. we are bound To do,
fur The 'aefr purpose of this inquiry, that the
faca. stAirti AZ true, the iirst question presented
IL thI,:
Due, he case suited fall uuder ,he provisions
OF The .att OF Canstess referred te in the Mes
sage I. Ahsiracteli, considered. as a mere ques-
tion ofstlnturs construction, | agree that tins
is q ~, s%upicct ioi luqui1y BY the Judicial Com
tnittco. But another question Immediately su-
pct,anef ihe fresidcat, in the same message,
tells YOU that he has already taken measures TO
subpr u this question ,o tht decision of the Judi
ca t~tIhuusls aC the united star IS. With a
knowledge Of this tact, Is 1t proper for us 10
give our, sanction 10 TIE nsc al the military force
OF The unin,, alris The tendency of this Judi
cal myc>tication I I apprehend this inquiry
traBsc,7Sls the limits file duties assigned To
the Judiciary Committee. II would briong more
appr9p, tdfeiy ~ u on the state OF The
keppHhC II such q Committee existed.
ESaudips the IDEA % the actual pendency Of
a iudical inquiry, which has been instituted un-
der the orders az the President Of the United
States HIMSELF aUatnrr question presents itself,
which. IN NY viem. equally tran,osn1s the
limits eithe duties which appropriated, belong
10 IN judiciary Coie,autec. STATE il tins
Is the resort TO military force, before judicial
Dsgp'rg Is hmf. an appropriate lnode Of deter.
miuiug tue rights o. one OF tine Sovereign States
OF this toniclerncy : The question. sir, is pnr
comparatively aniinportlnt. The feeling ofin-
dignat,on. OF abhofraacc, whichi such q measure
would excite, would be SO strong, so universal.
thai, happily for Us, no man la the times in
sflich we live, aoald dare To resort 20 il. Or,
II h. ma the aadHciiy 10 dose, he would brine
down u1on himself The merited ekecrations of
the y lelr American People. But we are estab.
fishing 50 iar as niny dcpend upon us, princi
pies which may AFFECT the future destinics Of this
hep1bllc aud oar experience has taught us
how promptly rrerrdents are rcSorted TO, 10
sustain assumptions o. power.
Anotbcr question, slke grave. presents itself
TO our confederation. aud it IS equally beyond
The limits of the duties Of any Of the Standing
Committees OF ills House.
1.-THE line o feondpct which the State and its
Officers are hound 10 pursue, is prescribed by
tic--ifih he Iniied States has a right 10 judicial
inquiry, as to the effect and operation OF that
law o. the case stated in the message, Has not
Inc sie'e OF Gsnrg'a on equal right 10 such nd
etary iaqtiryf Where Is he eti1enee That she
sinus ~ ifsl,e meets the investigation which
the President tells yeb he has directed TO he IN
stitpie are her officers 10 have a iair and an
Impartial trlal-ille privilege which Is allowed
TO the veries, rulprt, OF are they 10 encounter il
under the previous deaunciauon OF the presi
dent and Congress of tie United States, with
the Amy to back them 7
" IS audiher subject of grave and Interesting
n'et Wy which every lover otpeace, every friend
TO the Union. viii delight TO pursue. Whether
soHie other mode may not be devised, by winch
tins &ihculty may be adjusted, without afraying
= sever Ign State ofthis Union against the Com
iederaey. Siiher in the forum or the field. II
happily saeh . measure can be devised. all will
agree that u ought 10 he resorted to, and vet the
questions necessary 90 its determination are be-
yond the sphere Of the duties of any Standing
committee of this House. =.
There is yet a remaining question, full of i'm.
no''t,ce To evefs member of this Confederacy.
lhe iresident Of the United States has an
nonneed TO Us his construction of an net of Con.
gfe6s. aud has sllegeo the violation Of thar act
Dy the officers ofsht State &c ca.ru ...-