Constitutional Whig. [volume] (Richmond, Va.) 1824-1832, 1827-02-09

indians, in direct viola of the Supreme Law of this
land, set forth III Treaty, which has received all the
sanctions rovd: by the Constitutions which we have been
sworn To support and maintain.
Happy distributed the sovereign powers OF the pco
PIE vi TINS Uncn have been, between their General aud
STATE GOVERNMENTS, their history has already Oen
secuted collisions between these divided authorities with
regard to the extent OF their respective powers. No IN
stance, however, hasSheo occurred, which this col i
sion has been urged into conflict of actual force no
other case is known to have happened i'll which the app
cation of military force by the Government Of the unon
has been prescribed for the enforcement ola aw The viola
ton OF which has, within single State been prescribed
by Legislative of the State. In the present instance,
IT my duty TO say, that, the Legislative and EXecu
tive Authorities of The State of Georgia should peISevere
in Of encruachmCn upon the territories secured by
solemn Treaty To the Indians aud the laws of the Unoa
remain unacrcd, suieIaddei obligation, higher
than that of human authority, will compel the Executive
OF the L. States tn enforce the laws and fulfil the duties of
the Nation by all the force committed for that purpose
his charge That the Of military force will be
ed to only in the of the failure all other expedents
provided by the laws, pledge has been given, by the for
bcarance employ at this time. 1t is submitted the
wisdom of Congress to determine, whether any further
OF legislation may he necessary eXrcSem the
emergency which these transactions may produce.
JOHN QUINCY ADAMS.
|. The message having been read
Mr.. Benton moved the reference Of the message TO
The Judiciary Committee. At iI ST he had thought il
M subject for reference to the Committee on Indian
Affairs; but he did not think SO, as there were cues
lions involved IN the message in relation the enforce.
ment of laws aud treaties, which required an investi-
cation by the Judiciary Committee.
Mr. Berren said: | agree with the Senator from
Missouri, that this message, and the accompanying do
cutnents ought rot 10 be referred the Committee on
Indian .iGuifS, because they involve lestions very
much beyond the limits those which ordinarily and
appropriately assigned to tha, Committee Disagree
with Inn in the opinion that they constitute proper
subject OF reference TO the judiciary Committees and so
perfect Is my reliance the correctness of his iujo
ment, when he shall have directed his attention TO The
various subjects of this message that shall not hest
a'e 10 propose different reference, in the confidence
that he will on further reflection with me in the
view which have taken of it, aud will therefore with
draw his motion.
Sir, the President of the United States in the mes
sage before U.s. has called us to the console, alton
various questions, in their nature grave important
IN delicate.
de has told you Shat certain oGiceys of the State Of
Georgia, acting ,cithin TIE linlits of THAI State and
under IRE authority IF 'ts iurs, have violated accord
ing 20 ' construction of it, act of the Congress of
the United States He has told YOU that ACCORDING 10
ms cons ructon Of that he is authorized lo arrest
these officers thus engaged in the execution of their
duty nncr the laws OF the State, and within its limits
ana 10 h'hs ten TO trial before the judicial tribunals
OF the United States or, at his decreon employ the
military force of tie Union, the army of the United
States, the bayonets of lis regular sodicry TO cuerce
the State OF Georgia, through these officers TO submit
to ms construction of this act and his opinion as 70
The rights of that State. He has told you that he has
already directed the and trial of these officers ne
ocnders against this Law OF the United States: and be
ioie any cecs"h {" y""TS can operate, this mandate
q n
relates TO The arrest of the supposed offenders lie
submits TO you the inquiry whether any act of Iemsla
ton be necessary on the part of the Congress of the
Chilcd states; and accompanies this inquiry with the
declaration OF his determinations under sense OF oh
er obligations than any which Congress can impose ii
IN his view 1t shall become necessary 10 call ONT c
military force Of The United States to carry this act of
Congress into effect ACCORDING 10 Iris uJrrs,opdi, f
It's meaning and intent.
Sir. repeat The Geclarat:On The ouast,,rs ,ro 90,
ei by thi9 message are grave, Important and delicate
They cannot be arranged under the head of the du,;o
appropriately ard peculiarly assigned TO any one of M
Staining Committees Of this House.
Admitting, iii Difference to the autharity by ,,ho,
tey arc asserted we are bound 10 do for the mere rur
pose OF this inquiry that the facts stated are true the
first question presented is this:
Does the stated fall under t,c nrovisioos of a.
act OF Congress referred TO in the Message? Abstract,
edy considered a mere question of statutory con-
s'ruction' agree that this fit subject for jnuuiry
by the Judicial Committee But another question inn
medatcly supervencs. The President in the same
message, tells you that he has already taken measures
To submit tins question to- the decision of the Judicial
tribunals of hc United States. VIII, KNOWLEDGE of
this fact, is it proper for u, TO rive orr sanction S 49,
use OF the military Free OF the Union during the pcn
dency of this Judicial investigation? | apprebepd Ibis
inquiry transCends the lID5 tie duties ,sspnc e.,
the Judiciary Committee. 1t would belong more an
propriateiy TO Committee on the state of the Renuh
lie, if such COmaitiee existed.
Excluding the idea of The actual pendeacy of ~
dc!ai inquiry, which has been instituted under the mr.
uer5 OF me iTesident Ut The United States himself ano
Their question presents itself, which, in nv view enuaHy
traDSccnds the limits of the dncs which appropriately
belong 10 The Judiciary Committee ! state il inns
Is the resort TO military force, Jc,ye m,4I ,Uo,,y
rs nut, an appropriate mode Of determining the rights
of one Of the Sovereign States of this Coufederacvo
The question, sir IS noc comparatively uDmportant
The feeling Of iDdgDation Of abhorlence which sncb
a measure would excite, " oud be SO strong SO injyer
sal That happily for in the times in which
we I've, would dare TO resort 10 it. Or, fLe bad
the audaciiy to do So he would bring down nDon him
self the mcrtcd exeCratiOns of the whole American
People Bot We are establishing. so far as NAV depeDd
upon MS, principles which may affect the future desf
nics OF this Republic and experience has taught ne
how promptly Precedens resorfed TO- 10 sustain &C
sumptions Of power.
Hnnthfr question: alike grave, presents itself TO onr
considerations and II Is equally beyond the limits Of Il
duties OF any OF Inc Standing Committees Of This House
~ me line vi conduct Which the State and IFS officers
are bound 10 pursue y prescribed by i1'Sif the Uni
ted States has right to Judicial inquiry as 10 the effect
and operation OF that law the stated in the cs
sage, Ifs mol The Shr If Ccorg51 nm eq,l1i ,jcbf IN