Phenix gazette. [volume] (Alexandria [D.C.]) 1825-1833, 1832-03-10

would never be executed till GEORGIA was madea
ho,chng wilderness! As to the memorial Geor-
ola would treat it as it deserved: with sovereign
CONTEMPT: and for himself. he did not care where
it went, though he should suppose the most pro-
per reference would be to the Committee on FO-
reign Relations, since il seemed now to be set.
tied that the Cherokees constituted an independ-
ent foreign kingdom.
Mr.. PENpLE1oN (of N. W said that the gen.
tleman from Georgia had great reason to disIust
himself in reference to the important question be-
fore the House. He believed the House had sell
dom witnessed greater emotion on more made
quate occasion. The gentleman seemed to ina
CINE that the petition which had been presented,
came frum the State of New York.
Here Mr.. Clayton, speaking across, said ne
had corrected himself But it was no such thlng'
1t was petition from citizens Of the United States.
who possessed, by the Constitutions, right which
gentleman there was competent to question: TO
present their wishes, hopes, and opinions, to the
! House Of Representatives. What was the cues.
tons The memorial presented statement of
what had been the law from the earliest period OF
our National History until the present time. A
! law which was publicly known in the nation, and
which was sustained by the treaties OF the Unit.
ed States, and by the Constitution. Against which
course of law, Georgia had assumed jurisdiction
which did not belong to her, and under the exer-
| else of which, two American citizens had been
committed to prison.
Mr.. P. asked whether there was the least por-
ton or ingredient Of novelty in the statement which
the petition presented Was this a new attempt
to resist the encroachments of Georgia. Far from
! it. The petitioners stood up for law, which
while this country possessed any thing that could
be called antiquity, might claim that antiquity,
having been coeval with the existence of the 60
vernment.
Such memoralists were not to be charged with
| rashness, or with an attempt at usurpation, 1t
they presented their views to the House in re-
| spectfu manner. The petition was consonant
with the uniform law of the country. He was
| not prepared TO say whether, in selecting one OF
two Committees any Of the grave and momentous
| questions to which the gentleman from Georgia
had alluded, did or did not arise, but If they did,
there was an obvious proprety in sending the me-
mortal to select committee.
| Mr.. Foster (of Ga.) said that he conceived
that the difficulty in which the House was involv-
ed arose from not having distinguished between
the time at which this petition was drawn up. and
the time at which it is presented. The meet
| ing from which this petition emanates was held,
Mr.. F. mad understood, a month ago. The peo-
pie composing it were not perhaps aware that the
very case to which they refer was then pending
before the Supreme COurt-or perhaps they were
appraised of this, and wished to strengthen and
confirm the resolution of the Court in the deci-
sion of this delicate and important cause-though
it could not be presumed that any one who knew
the character of that tribunal would suppose that
it needed any such extraneous aid. II then, this
! memorial had been presented before the cause
oame before tho court, there might have been
some pausibility-but bare plausibility-in the
reasons urged for referring it to the consideration
of committee. But the case has been heard
and adjudicated by the Judiciary department, and
how is it competent for this House now to inter-
1 fere? 1t had, indeed. been intmated that the
State Of Georgia would not acquiesce in the de-
clson. and the object seemed to be to devise Dea.
sures to meet this contingency.
| Mr.. F. did not intend, at this time, to express
any opinion as to the course which that State
ought to pursue-he should carefully suppress any
feeling which the present state OF things might be
calculated to produce-he should exhibit no vio
lence-he felt none-he wished to examine the
proposition before the House calmly and dIspas-
sionately.
Mr. DR,yroN (of S. c.. said, am convinced
that it the memoriaists knew what has taken
place in another part Of this building, their me-
mortal would not have been presented. 1t they
knew that the questions, arising under the Indian
treaties and laws, had been submitted TO what
they deem to be the proper tribunal, and that that
tribunal had decided IN favor Of their validity,
would they have any thing further to desires-
With these views apprehend the House will
think that any action upon the memorial at this
time would be unnecessary. We are called on
by every obligation which binds US, as lovers Of
our country and constitution, as citizens of this
Republic, not to discuss question which can lead
to no good, but which may be pregnant with in
calcuabIe evil. We may tell Georgia, what
course she ought to pursue-we may threaten her
with our vengeance if she does not conform to
our will; but by so doing, we shall only add fu-
ell to the fame, and perhaps, provoke her proud
and chivalrous citizens, who might be inclined to
conform to the mandate Of the court. from resent
ment and indignation, to refuse their obedience
to it, because they had been dictated to by those
who had right to interfere between them and
what they conceived to be their duties.