Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1832-11-09
POLITICAL.
MIR. BUFFERS SPEECH

MIR. BUFFERS NEUTRALITY-SUSPICIOUS.
But told, that Gen. Jackson has assumed TO sb
rogate the OF Congress of 1902 orenalv passed IA
protect the Indians, whilst under the care of the United
States from the intrusion of the Whites that lac has with
drawn The United States troops formerly stationed i'm The
Cherokee country for the purpose OF enforcing that law
ana mat when the missionaries interered chapons oil
the Cherokees, and united with them in opposing the iu-
risdicon of the state, he withdrew them the procc
lion OF the general government ami the more eiectualIy
to deprive them OF the ability resist state authority
took from Mr.. Worcester his commission as
OF the United States. All this is strictly true and adj
mits OF easy and decisive General Jackson had
come deliberately TO the conclusion that by virtue OF the
relation IN which Georgia stood TO the Union, and of the
constitutional rights OF the state, growing of her
nal charter her subsequent history and her conp,cts
with Tie United States from the moment when she chose
10 extend her laws over the lands and persons within her
chartered limits, the authority of Congress interfere
WITH such lands or persons ceased and hat tho act
1902 was from that instant abogatcd In consistency with
hs opiion-which, even If it were erroneous,
doubt was sincerely entertained by the Preslcn-t was
the duty OF General Jackson every mpedimGnt
growing out OF the action of the general government To
Tie u assertion and exercise OF the sovereignty of the
state More than ths--if Mr. Adams had remained at
The head Of the government he would have been obliged
in order TO carry out the doctrines and
oil The message and report Of December lS2Sto have
done precisely the things for which General Jack
son is much censurcd Nothing short oil withdraw
Ing every obstacle under his control, which prevented
the exercise oil her rights Of Sovereignty and sOir-
and interered with e "su6jeetion" OF the Indians who
might refuse 10 cnigrae, TO her 'H,icipdl idcS would
have SECURED" the rights of which he spoke in the
message, or answered 10 "sUBJECTIoN" mentioned ia
Ihe report la answer TO this, however, il is asserted.
that Mr. Adams would not and could have taken any
such course because he had declared in his message
The 9th OF February, 1927 that if Georgia proceeded
survey and take possession OF the Indian lands and TO
tend her laws them without the consent of the In
dianS he should feel himself bound enforce The lG,cs
andI me duties Of The nation By all the fierce commit
tedJoT that purpose to his charge" Nothing connected
WIN Tins controversy, astonishing, than the
terence to this passageand by intelligent persons too
and in many cases no doubt by persons who do
10 instead the puOc-as bearing the difficulties
between Georgia and the CHERoKEEs. 1t is a
striking instance to show how often people talk OF
things which they do not understand-how often
History herself is attempted TO be led asray. In
lew words, lot recall her TO the path of Truth
The message February 1927 related conroversy
men existing with the GREEKS and that JlOlC exist
ing with the CHERoKEes. Mr.. Adams, in that message
did take the high ground indicated by the above quota
noh IN relation TO that controversy which in respects,
ou not III all bore an affinity TO the difficulties which at
forwards with the Cherokees. But what was the
consequence As soon the message reached Georgia
her whole military force put in readiness Tepe the
interference of the United States; Gov Troup trans
med 10 the Secretary of War; what was then apply call
ed formal declaration of against the general govern
ment. Ii discovered, that although the nation
did not approve tho warmth OF the Geogians had no
desire TO take which would lead booshcd and
civil war. Mr. Adams this and made no attempt TO
carry into effect the strong declarations of his messenger
and the matter subsequently disposed the salts
acon oil all the parties 1t was not until after all this
that the controversy with the CHERoK arose; that
to say--aS have already mentioned their setting up
an independent constitutional government in 1928 'rhe
frs; and the only Oh which Mr. Adams gave TO
the nation his judgment aud intended COURSE This mat
ter was by the strong, explicit and decided and
recommendations contained in the documents of Deccm
ber 1928 sure il cannot be necessary TO spend more
words or time on this point"
Again. " told, that the Supreme Court of the
United Satcs has recently pronounced decision whic
involved me whole merits OF the cOntrONe and by which
hey have judcilily determined that the Chcrolecs are So
lar as Georgia concerned an Independent POwer that
the laws passed by Geo. ga the purpose of EXTENDING
her jurisdiction the Indian territory are therefore
vod that their sovereignty secured by the treaties made
with The United State; aud that it is the duty of the
Federal Government, in pursuance OF those treaties pro-
icc' them III that sovereignty We arc also told that
this decision has been made the President whatever HAY
have been hi own opinions The subject, and whatever
DOUBTS might In fact have existed in eldon TO i;as now
discretion left; but is bound adopt this decision as hi.
rule OF conduct his former course of action and
and carry the act of 1902 TO this
answer without entering into other considerations con
ncctcd with the subject that the binding that de
sion must necessarily be confined the particular case il
which it made and to the appfopratc officers ybo
are charged with the duty of carrying ii Into effect The
point before the court simply whether Mcssrs Wor-
cester and Butler the plaintiffs error, had been lawfully
convicted and nprisouedhy the court OF GSinueU county
and though il became necessary in order TO secdc t
question: 10 examine aud pass upon the main conovers,
between the Chcrokecs and Georgia; yet the iulgmen
extended no Farther than TO say that the Judgment of h
Georgia court had been pronounced under colour of Law
which was void as being rcpugnant 10 the constitution
treaties and laws OF the United States that the convcto,
ana Imprisonment OF the plaintiffs i'll therefor,
Illegal and that the Judgment of the court below shout,
therefore be reversed and The prisoners discharged Vi
to the present period, shall show more particularly il
Ger OF the general government has either been require
or authorised, to take single step towards the execution
OF this Judgments and consequently il be said to b.
| as yet obligatory upon any such officer.
The only point OF view, then in which tile recent deci
sion OF the Supreme Court could properly be entitled
any consideration rom the Executive was from the in
iinSc weight OF the opinions delivered by the Judges on
which propose to offer ew remarks. 1t may help "a
to measure its qualities in this respect if consider TO
moment the circumstances under which these opinion
prepared and delivered. In the first place then lie
me observe hat they formed after parfe argu
ment the part OF the Cherokees only not as
sened 10 by the whole COur--a circumstance Justly cal
cuated 10 derdct from the respect they Guild othcTv
have been entitled TO- In the next place, they wcr
brought out with degree OF expedition, which was no
only quite unnecessary, but under the peculiar crcum
stances OF the case, l.judged and indscrcet, as
impair still further, their authority with others. AM
they were not only assaed with great ability ia re
spcct 10 the main controversy, by able article from
the pen OF Gov. Cas-, published after the decision
but il found that the prior and most inportan
question, "whether the Supreme Court of the T. State
possesses appellate jurisdiction in criminal cases. coumenc
ed aud decided in the State COurs question of great iii
hcuy, and OF the highest importance and too
iuy discussed or dciiuiUyey seiled-ncilhcr OF the
opinions sufficiently full satisfactory, the
doubts which Ovehung tlie question. II the pos
been done said by icm was eXra-judici aud thougI
their arguments the main question might still be solid
40 will contend, that judicial arguments should
cOnto the previously formed opinion Of the Executive
Sir that opinion shaken by any thing in the argu
Of ho Judges; and the President a. tie oath thai
vciion upon the subject cay, az his cath required
hm--iO? This being question arising under the Con
siitutiOn which he had TO support he could not
without doing violence, not only to that instrument
but 10 conscience and duty surrender the Judgment he
had deliberately formed and adopt IN its stead what he
neither accented To- nor believed in The