Phenix gazette. [volume] (Alexandria [D.C.]) 1825-1833, 1827-02-08

I have been governed by considerations, when
will, trust, meet the concurrence OF the Legs
lature. Among them, one of paramount I'M
portance has been, that these surveys have been
| attempted, and partly effected, under color Of
legal authority from the State oil Georgia
That the surveyors are therefore not 10 bevlew-
ed in the light Of individual and solitary trans
ere,sors, but as the agents ola sovereign STATE,
acting in obedience 10 authority which they be-
lieved to be binding upon them. limitations
had been given that, should they NEE, with IN
terruption, they would, al all hazards, be sos-
| tanned by the military force of the State, IN
which event, ifthe military force of the Union
should have been employed to enforce its viola
ted law, a conflict must have cnsued, which
would, in itself, have inflicted a wound upon
the Union, and have presented the aspect OF
one of these confederated States at war with
the rest. Anxious, above all, TO avert this state
OF things, yet, at The same time, impressed with
the deepest conviction Of my own duty, 10 take
care that the laws shall be executed, and the
faith Of the Nation preserved, have used, Of
the means entrusted to The Executive for that
purpose, only those which, without resortIng
10 military force, may indicate the sanctity OF
the law, by the ordinary agency Of the Judicial
tribunals.
1t ought not, however, to be disguised, that
the act of the Legislature Of Georgia, under the
construction given to it by the Governor OF that
State, and the surveys made, or attempted, by
his authority, beyond The boundary secured by
the Treaty of Washington, of April last, to the
Greek Indians, are in direct violation OF the Su-
prtme Law OF this land, set forth in Treaty,
which has received all the sanctions provided
by the Constitution. which we have been sworn
to support and maintain.
Happily distributed as the sovereign powers
Of the People of this Union have been, between
their General and State Governments, their
history has already too often presented eolisi-
cns between these divided authorities, with re-
gard TO the extent Of their respective powers
No instance, however, has hitherto occurred, in
which this collision has been urged into con-
tlict Of actual force. No other case is known
to have happened, in which the application OF
military force by the Government OF the Union
has been prescribed for the enforcement OF a
law, the violation of which has, within any sin
gle State, been prescribed by a Legislative act
OF the State. In the present instance, i, is my
duty to say, that, if the Legislative and Execu
tive Authorities Of the State Of Georgia should
persr,ere in acts ofencroachment upon the ter.
rilores secured by solemn Treaty to the In
dians, and the laws Of the Union remain unai-
tered, a superadded obligation, even highey
than that Of human authority, will comp the
Executive of the United States to enforce the
laws, and fulfil the duties Of the Nation, by all
the force committed for that purpose 10 his
charge. That the arm Of military force will be
resorted 10 only in the event Of the failure of al!
other expedieDts provided by the laws, pledge
has been given, by the forbearance 10 employ
it at this lime. 1t IS Submitted TO the wisdom
of Congress to determine, whether any further
act Of legislation may be necessary OF expedieni
TO meet the emergency which these transactions
may produce,
JOHN QUINCY ADAMS.