Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1831-05-10

Go ~ tHC CHSTOheRg
i"o Missionaries who were lately arrested under
the late law Ct Georgia, prohibiting the residence Of
white psr'ons IN The Indian country, having been
brought before the Superior Court for GuiDett Ccun,v
oy writ OF habeas corpus, have been disch irs ed. Three
o'her persons arrested at the same time were held in
custody The counsel for the parties con,ended tina,
Is uocon'ttud1nai, but Judge Clayton overruied this
argument. The following extract from the concludiog
part OF The judge argument shows the grounds of his
Under all the foregoing vie WIS of this subject. 7 am
oil the opinion that the law il perfe lily constitutional.
anu that i's provisions must be carried into effect. Bu,
mere 10 one provision in il which two OF The individual.
IN custody, for reasons best known 10 themselves s,em
TO have overlooked, and which will DISCHARGE them
from their present arrest, II | have been correctly in.
formed az TO iacts. Bob OF them are NIissionarie, and
one OF them a postmaster. In the frs, character ,h,v
are there with the consent Of the general government;
aud as Its agents are in the nation for The purpose of
clvilizng and chris,ianizing The Indians, and as WIDEN
ees OF their being government agents, they have the
disbursement oil large Sums OF money for the aforesaid
OBJECTS. IL ls not for me 10 say what kind of tempeI
maj must oe' or what the character of that spirit il,
which declines the benefit OF a law because thai Iaw
cannot he ret aside altogether. Whether il, proceed.
from religious %scruples, or a more wsyward passion I
snail not pretend to cay; but this much | will assert.
tnat l respect too much my own oath, and the charac.
ter oil the State, TO iuh CT the penalties unauthorized bv
law, merely to iniuige individuals in The fanciful idle,
thai ihey are suffering a species of mariyrdom. They
must be discharged upon the following erounds-Tbe
act has this Proviso, that the provision Of this section
shali not be so construed as to extend 10 any au,berz
ed sgent or agents OF the gov. rnment Of The United
States"
1. l am proud Of the present ncrasion 10 testifv mv
hearty respect for The Federal Constitution. and /
am willing to declare tina, the truly consisien, advocate
o. ota!e fIsnt' ought always to have an equal zeal for
the support OF the Federal Constitution, because tbev
arc both governments OF hi, own choice. That instru.
meni declares that Congress .hali power TO establish
posi- Offices and post roads" therefore the appointment,
oi the Individual Is clearly within the right Of The gene
raj government and he would have been DISCHARGED
without the provision above referred TO-. |, would h,
inconsistent to contend for a contrary doctrine, for
Georgia urges tina, the Cherokee Dstlon IL as much a
pare oil The State as any o her, and II il would be law
iul TO appoint, a post master for Lawreneeville, 4, would
ns equally SO to appoint one for any part Of the nation.
we certainly have the right 10 draw this conclusion
from the fact, that II is not considered a foreign nation
by The general government, unless, indeed there is
some treaty that obiiges them TO furnish post masters
ior that unfortunate race.
2. The missionary character has not so bieb a claim
Tor hi. dlFcharge, he properly falls within the proyi.
'ions OF The act The law prescribes no limits 10 the
agencies to be protected, il 10 indefinite and extends the
exemption to any authorized agent OF the genera 20
veInment. IL Is not for the Court 10 prefix boundarie,
TO the viii OF the Lsgisllture, il has ihodght proper
not 70 DO 90, and Of course it would be hishly impro-
per for me TO do IL. All that remains for me il 10 in
qulre not into what kind Of agency, but Is he an agent,
and Is he an authorized agent" Of the general yo-
vernnen!i ifhe is, he comes within The saving OF the
statute. l wish II, however, distinctly understood. ,ba,
this individual owes his discharge TO the Courtesy
which tho stat. Vas unaffected TO the general gove,n.
ment by excluding its agents from tho operation Of the
Jaw" iHo keneIai government has no more right 10
send missionaries into the Dstion aud aIarter Them
mere than they have to fig them upon sny other OAR, Of
,ne STATE ltls said that the agents intended by The
Ia"' were tho IndiaD agents sent to the nation 10 carry
INTO efeet The intercourse law. This does no, appear.
and The expression il too broad 10 act upon such = sug.
ges'on. Besides, lndian agents have now no mors
consu,hlionaI privileges 10 the nation, since Georgia
has taken il, into her hands, than missionary or snv
o her agen'', AMI This has been frequently stated by
the President, and lately confirmed by q special com.
munieahon TO tbs Senate Of the u. States
Let the two mis- iot a.ies Zone OF them being a post
mas'ef) be discharged, and let ,he other four person,
be bound over TO answer to the amor CHARGED
sg'in'' them, they having exhibit d no excuse.
CANAL ToLLs.-Wr published yesterday from The
AI5sny Argus, a very 6at;erirg no'ics Of tn pro.psfi.
oil our Yves ern Counry-sVinced by tie large aset
Of vessels ihAt since ibs opening Of he Canal his sea.
had passed ihro' 1t, and the amount Of tolls coll, Ct.
ed. The same paper contains the following ar isle -
AMER the memorandum vas mSds on Saturday. from
which our statement Of tolls was giv.n in Mondays
the collector received about 5000 more and
AIRED 81 boats. The number Ct bostI cleared in the
10 days lbst tbs canal has been open, IL 395, and he
'oial mount Of tolls received by MIR. slssls, a, this
place, Tor the same period is $50 $50 SO cents; showing
20 average daily receipt Of tolls Of S2s78 20 cents.