Constitutional Whig. [volume] (Richmond, Va.) 1824-1832, 1832-03-09

from the gentleman from Georgia, (Mr. CLAYroS)
lilo considered them entirely uncaled for. The
gentleman had antic Pated tho subject, which would
come quito soon enough; he regretted tina, the
gentleman frcn N. York [Mr. BSAkpsLxYl should
have supposed, that the subject did not admit the
| action of that House. Some gentlemen appoarcd
| to him to wish to give the matter tho go.by But
the very thing inquired of was whether there could
be no useful action liz the House. The thing for
the committee to inquire into was whether anv
thing could DO donel If not, there wn. AN end Of
| 1t. Ho rccolectcd, on 4 former occas sion To b,vs
hoard one of tho gentlemen from Georgia. (Mr
THoMPsoN,) who now strsnuously opposed n select
committee, Just US strenuous i'm favor of n select
committee. But why7 Tho interests of Georgia
woro ther in question. The petition, then, wa.
not from two poor missionaries, but from tho State
Of Georgia; and, when Georgia was in question
| Georgia must have a select committee. A State
was interested therefore the petition of great
| consequence. II could not go to a standing com
mitiee Nothing would suit him then but a select
| committee: now select committee very inn
proper. Another gentleman from Georgia mir
| CLAYrros) had told the House that Georgia never
! would submit to tho decision of tho Supreme
Court. That question would be settled hereaf fer
| The gentleman from Connecticut had we'll said
that a select committee would bo most competent
| to tho inquiry. Tho gentleman from Georgia (Mr
| IHoMrsoN) had said, that tho House was presumed
to know that tho Committee on Indian Affairs " a.
hostile to the object oil this petition, yot he urged
Its reference to that committee. Would tho gen.
| tleman ref0r tho petition to hostile committee7
| was that according to Parliamentary usage,-
Ought not every petition to bo sont to a commit
teo who would give it a fair, unbiased examina.
uon7 The gentleman's reason con elusive WHY
It ought not to BE- sent to the Committee on Indian
Affairs.
| MIR. THOMSON explained
| mr.. RrRD resumed The appointment Of , Sc
loot committee would bo no innovation on Paria
montary usage, but the reverse. When Georgia
Pstitioned for her military claims, the gentleman
mad insisted on a select committee. Mr.. X. had
agreed with hrs, ana vo.ed With him at that time
aho gentleman now changed his ground, but Mr..
X. continued to think az he had done before.
The other gentleman from Georgia, (Mr. CLAY.
ron) had strongly appealed to the courtesy and
magn animity of the House to send his resolution
about tho Bank, to a select committee. How did
the gentleman get rid of his argument The
subject surely was important, and novel enough,
and difficult enough to call for select committee,
and he hoped the memorial would not be treated
as tho gentleman from Georgia proposed, by be-
ing secuted out OF the House, or thrown under the
Clerks table.
Mr.. FOSTER said he had been anxious to as.
certain who wero tho parties to tho proceedng
now before the House. The right of pettioning
tor redress of grievances was conceded; but are
these memoriasts aggrieved! No, sir, they are
complaining of injuries suffered by others;
they are tho friends of tho missionaries
who are now confined in the peniten-
tiary of Georgia for violation of tho laws of that
State; and 1t is in behalf of these missionaries that
this memorial is presented. Mr.. F. was willing to
consider it as the petition Of the missionaries them
selves. And how can this House act it, 1t is
moved to refer the memorial to a Select Commit
tee but why refer 1t to Committee at all? The
object Of referring petition or proposition to a
Committee Isl that it may be calmly and delibe-
rately examined, and some particular, definite ac-
ton advised. But do require the nvestig ton
and report of a Committee to guide US in our deci.
sion as TO the matters presented by this msmoral7-
MIR. r. had listened nnxiously to hear whether any
gentleman would suggest any course that the
House might pursue. For himself, he could not
imagine that would do any thing These mis-.
sionares, by their agents and attorneys in fae the
mer1orlasts, represent that they now in con.
hncment by virtue of an stitutional law; nd
they apply to us for relief. What can this House
dot What assistance, what redress have we the
power to renderl None, sir mono. 1t is a matter
entirely beyond our jurisdiction.
Mr.. +. conceived that the difficulty in which
the House was involved arose from not having
distinguished between tho time at which this petit.
ton was drawn up, and the time which it is pre-.
sented. The meeting from which this petition
emanates was held, Mr.. F. had understood a month
! ago. The persons composing it were not perhaps
aware that the very case to which they refer was
then pending before the Supreme Court---or per-
haPs they were appraised of this, and wished to
strengthen and confirm the resolution of tho Court
in the decision of this delicate and i'm portant cause
though it could not be presumed that any one
who knew the character of that tribunal would SUD.
pose that it needed any sush extraneous aid. If
then, this memorial had been presented before the
cause came before the court there might have been
some Plausibility-but bare plausibility--in tho
reasons urged for referring to tho consideration
OF a committee. But the case has been heard and
adjudicated by the Judiciary department. and how
is it competent for this House now to interfere7
1t had, indeed, been intimated that the State of
Georgia would not acquiesce in the decision and
the object seemed to be to devise measures
to meet this contingency. Mr.. F. did not
intend, at this time, to express any opinion as to
the course which that State would pursue, or
ought to pursue-he should carefully suppress any
feeling which the present state of things might be
calculated to produce-he should exhibit no yio
) lence-he felt none-he wished to examine tho
proposition before the House calmly and dispas
sionately. Suppose, then, said Mr. +. that this
memorial is referred to a committee-that in some
ten or fifteen days report is made and bill re-
ported to meet the emergency which is snticipated
and that in short time thereafter it should turn
out that the decision of the Supreme Court has
been submitted to, and tho prisoners discharged
whata spectacle would this House exhibit, egsla.
ting for case that never did, and never may, e1-
lstf But reverse the proposition--suppose the
State OF Georgia should refuse to yield obedience
to the decision of tho Supreme Court, and should
still retain the Missionaries in the Penitentiary,
what redress this House afford7 Shall we is
sue Hd6eas Corpus to bring them before us?
Shall we usurp the powers of the Judiciary? Or
is Congress to be called to give additional pow
or to the Courts, to pass laws to carry their dec
SONS into execution after they are made? No,
sir let not Interfere with another department Of
the government; these Missionaries have chosen
10 rely on the judiciary; lot not Congress then
interpose. We have instances of usrpotion of
PoUers sufficiently frequent already, let us not
multiply thom.
Mr.. f. observed in referring more particularly
10 the memorial, that it contained two clas
ses of complaints: one, that the Treaties
between tho United States and the Cher
okee Iadans had been violated by Georgia; the
othor, that the Missionaries, in whose special be-