Constitutional Whig. [volume] (Richmond, Va.) 1824-1832, 1832-03-13


was going on (so that one thing is very GER
tam, viz: that whatever may have said, it was
not from malice aiorethought.) at length learn
cd that the gentleman from Massachusetts,, mir
! Adams,1 had resented Memorial from the
State OF New York on the subject of the MIS-
sionaies, aud the Indians. l soon alter saw
that the Memorial was not to take the usual
course; and having the day before heard of the
| important decision i'm the Supreme Court, and
now finding this Memorial coming in on the buck
| of 1t. was led to belsvc that Georgia was TO be
| sacrificed unIcr all circumstances. Under this
| PERSIA ion spoke with greater warmth than
should otherwis have done, or than was perhaps
exactly proper. Yet do not rctra,t what then
said; cannot do So, because the scn'lmCnS adj
vanccd ere grounded upon facts which | know
10 exist: but meant nothing offensive 10 any
one. ! am OF very ardent temperament, natu-
rally: but gentleman may rest assured have ne
| disposition TO treat any of their measures with
! d srespect;( when think myself insultcd | shall
| Toxic care 10 tell them so But still think
was right; i, was my duly TO represent what |
! know 20 be- the feeling OF my State; and should
| but mislcad the House were 10 leave them to
believe otherwise. | represented the feelings
of Georgia truly. | have too much respect for
gen emen 10 threaten them: t r it has long been
my opinion that he man WHO threatens Intends
to do no more: he only means To bluff of his ad-
! vcisary, and there 1T ends. | will refer the
! House to historical tacS; and IN doing 50 shall
| NJ all tunes claim the same Independence THIS
| floor is enjoyed IN the British Parliament,
where tie freedom Of debate is greater than il
/ is uEy where csc in the world. Amidst the
grave discussions which took place in Parliament
| previous to the war o! our revolution, member,
IN much the same state of feeling | was myself
under, though not quite so much excited ad-
mopSled the House of Commons to beware
what they did rs touching their American Colo
nes-he reminded them that the Americans were
brave people, and have ITO doubt the people
OF Massachusetts fully proved that they deserv-
cd his testimony, and that the gentlemen from
that State areJuStly proud of the bravery she has
ever displayed. He told the House to take
care: he warned them that they might 90 too far:
and that they ought not To urge the colonists In
extremity. "A certain Colonel [Grantl replied
10 that U.cmbcr, that with a single regiment Of
troops he could march from end of America
To tie other and crush all the rebels. Sir, know
It to be a fact, that Georgia is at this moment
hlghly cXcteF, although gentleman has told
us that ali things are going on very smooth W
ana should be guilty of a fraud on the South
II dd not say To hat ntcman thai he is ut
terly mistaken tell lin he is mistaken, if he
thinks he can 90 on and march through Georgia
and crush the rcbcls-l say that Georgia will
not submit to the decision which has been mad.
say This publicly here in my place. Let my
constituents turn me out for saving it if they
think misrcprcson thcm-I am willing 10 put
the matter up m that issue.-I say again that my
constituents Will resist that decree, and | desire
that my words may be marked and remembered.
Let me safe 10 the House single facL-,wo
white men, Georgians, were travelling from
the Eastern towards the Western part OF
the State, and their road lay directly
through this lndon ory-they had
guns with them, and as they passed the house
where white man lived, for there are many
whites scattered throughout the Indian country,
they were assalled by dog which flew out al
them. The r. IN hn dior tn hot
was the matter; the traveller told HIM to call off
his dog, or he would shoot him, and, after some
alteration. he did shoot the dog. The owner
asked why he had been trca ed on VIII Oh the
other traveller, whose gun was still loaded, an
swcred 'damn you, will put the load into you"
and he shot the man down. The men were APP
pretended, ard brought before one of the Judges
of Georgia. On examining the law, it was
found that the Court could not take cogrizaucc
OF the oftnce, because one of the articles of the
State Cons tuition declares, that all criminal of
fences shall be tired within the county where
they were COMM ted, and no provision was made
for a case like this, where the murder was per-
pctrated on Indian land. The Judges, however
being unwilling to leave such an atrocIty unpun-
IShed, If It could be avoided, seat the men 20
Savannah, before the Circuit Court, where the
counsel of the prisoners moved for their dis
charge, on the ground, that the Federal q yern-
mcnt had CO cogniZance of offences commit ed
within the States, save in those expressly pro-
Vlded t)r by the Constitutions: and, as there was
no law OF the United Statcs that could reach the
case, the men were discharged for want of iuris-
dlclIon Thus, ono Of the most atrocious muir
ders that ever was committed went entirely un-
punished. Such u case would, of ITSELF have
been sufficient TO admonish Georgia, that some.
thing should be Oone. AT the next meeting of
her Legislature Nn 1871, | think, or 1879 that
body believed that, as the Indian territory Law
WITHIN the limits of the S ate, and, as all the
other old States had done the same thing and.
as the articles of ccsSion ccdcd to GeorgIa nil
the land East of certain line
Here Mr.. MERCER interposcd, and ipoui
red OF the Chair whether this was In ordc- on
4 mere motion Of reference?
The CHAIR piled, that the gentleman was
certainly taking too wide range: but the Chair
had lett reluctant 10 interrupt HIM
Mr.. CLAYTON resumed. Georgia there
fore, by her legislation, divided the territory in
to counties.
Here Sir. MERCER again interposed, and
called the gentleman to order.
The CHAIR said, the gentleman must con
hhe hmScH To the question of reference J
Mr.. CLAYTON proceeded. Georpia went
on and divided the territory into counties; ever
since which, the courts have had crimpa, ,uris
elcton' and they nov punish crimes commit cd
by white men upon Indian lands. There are two
men now IN the pen'tentiary for stealing horses !
from The Indians. ] could cnumerate many ca. |
scs. NH Wah mas greater regard for tho Ius
rights OF Indians than have. question wheth
er nose no profess so much pIDus regard for
them have done as much to guard their rights.
anu promote their happiness. In fact, have
made myself sfcrliice on their behalf Ibavc
known WINE men 4 hpued for offences thew
have committed against the Indians, and some
believe, have even been executed. Nov, let
nc sta'e another fact. 1t was but the other
day' That White cltz'n Of Georgia, residing in !
She settled part q 'he Si.;s, hired horse from |
al I.HIn " 20 70 a ccr.an place nnrncd On