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

10 aid Them in deciding those questions send them
10 the Judiciary Committee, and let us hear what
remedy can be devised for the evils of which wa
have such loud and feeling complaints
Mr.. DICKSON, of New York, observed, that
the House appeared to consider tho memorial a,
worthy OF Its action in some FORM since it had ro-
fused TO lay 1t on tho table The argument oftbo
gentleman from Georgia would imply, that nothing
ought TO DO done with il, but tho House had ,r
pressed different opinion. Thew had passed a.
that question, and had resolved that sometbin.
should BIO done with il. From whom did this ms
moral omanate! From thousand or two thou
sand respectable inhabitants of the State of New
York. Yet the House gravcly told, in tb;.
land of freedom, and when the question of tho
right of petition mad been raised, that tho ei,;.
zens of this republic had business to intcrfero
and that tho presenting oftho petition an act
of impertinencc.
This was language which would not be submit
ted to in British Parliament, by subjects of tho
British crown. Every petition, respectfully franz
ca, was entitled, by the constitution and the law
10 inc respectful attention of the House To what
ana TINS petition refer? To white free citizens of tbe
y: Statos, illegally incarceratod in the dungeon.
OF georgia, prayed an inquiry by that House in |
20 'ohe measures Tor their relief, and asked that
mo measures OF Georgia, which are at war with
the constitution, with tho laws and tho treaties
OF the United States may be defeated. Tho
State OF Georgia, and these two citizens were tho
parties involved. The memorial complained of
no wrong dono to tho Cherokee Indians, or InJi.
ans OF any other tribe. 1t asked no redress for
them, and how then could it DO an appropriate
subject for the action of tho Committee on In
dian Ahairsl The whole case lay between citi-
zens OF the United States and tho State of Geor
gia. What had tho Indian Committee TO do with
II. But cven allowing that was tho proper com
mlttce on common OCCASIONS it was not SO in the
present case whyl The important question in
relation to the policy to DO observ towards tho
Indians had long divided this Government
portion of tho gentlemen who composed the
Indian Committee had 70. several years acted on
that subject, and its Chairman tho very gentle
man who brought forward system of measures
held by many to DO inconsistent with the cons,i ,
tuition and laws of the United States. In ano-
Their branch of tho Government, a solemn deci
sion had lately been given, declaring tho laws
Georgia which had grown out of that system Ia
DO void and of none effect. The judgment of the
Court under which these men had been imprisoned
was reversed, and the prisoners declared entitled
to their liberty.
had been very triumphantly asked, why
shonid there be any action of the House7 He
would tell gentlemen why-and he begged the at.
tention of tho House to the passing events of tho
day. 1t had boen stated in the public journals that
aftor the writ of error had been sued ont and
summons issued by tho Supreme Court. the .ub-
Ject had. by special Message of tho Governor Of
Georgia, been brought before tho Legislature Of
that State And the last act of that Legislature
had been declaration that tho executive officer, ~
the State of Georgia, from the highest to the low
est, should pay no attention to the writ of error
or to the process of tho Supreme Court but sbould
disregard it entirely, and tho Legislature would
n !, tnem harmless. Following up that decision,
II had been communicated to tho House this morn
ing, that the Supreme Court had decided tho law
OF georgia to be unconstitutional tho sentence of
its Court null, and that mandate had been sent
airec'ing tho prisoners to be set at liberty. And
now, what did he heart To his utter SURPRISE and
astonishment, he had heard language such as be
hoped never would have been uttered within these
walls gentleman had declared in his seat that
.hat decision of the Supreme Court "never would
IL.
derness" Meaning until her plantations should
be destroyed, and her inhabitants slaughtered-
Under these circumstances, a memorial came into
the Mouse on which 1t was said the House could
not act. But, he asked, was 1t not proper subject of
inquiry whether any measures could be- Devised 70
aio inc Executive In carrying into execution tho
decision of the highest judicial tribunal7 He would
say that II those decisions to be disregarded
ana every state was to be allowed the liberty NJ
pronouncing them null, our Union was no bettor
IMAM rope Of sand, and the entire fabric of our
government was dissolved. He did not saw that
any measure was necessary. Before Congress adj
Journed, they should probably know whether tho
mandate of the Court would be ebeyed But If the
people OF Georgia should carry out the deelara
ton which had been made in their name and
should set the Government at defiance, he asked
every prudent man, whether it might not be pro
per that a Committee should inquire whether .ny
thing moro was needed to aid the Government in
sustaining the Court. What measures might be
needed he did not pretend to say. Certainly tho
dian Affairs. The Indians were not mentioned
but incidentally. If the memorial went I. any
Committee, certainly it should 90 to Select
Committee O. S'
Mr.. DRAYTON said, he regretted very mpelr
that this memorial had boon brought before tho
Mouse, because, to speak of the subjects involved
IN IL In the mildest and most favorable terms tho
discussion OF them, at this time, was at least un
necessary. L heard the memorial read said Mr.
d. and In substance it is neither more nor le.s
than an enumeration of various treaties subs;stno
between the United States and the Indians and
reference to various laws of the United States re-
latlng TO these Indians and praying that Congress-
"ouiu ADOPT such measures they should deem
expedient respecting them. To show that was
not incorrect in stating that this discussion wa. at
least unnecessary, l will suppose that a Select
Committee had been appointed by this House, to
take into their consideration the matters stated bv
the memorlalists, and that the committee had made
a report IN accordance with what tho menoriasta
themselves desired it to contain. What would
that report in substance be? That the xover,I
treaties specified by the momoraIsts had been rat;
hed' and that the several laws enumerated by them
were in existence, and that those treaties and law.
ought to be carried into execution. IF we had
presented to US such a report, is it not mani
test' that tho memorialsts that the Indians
would be precisely in the situation in which
they now are7 Whore then would be the
utility of the report7 If tho report, grant
ing 1t te DO confirmed by tho House. could have any
effect, it must BIO either upon the legislation Of
congress, the conduct Of the Executive, or upon
the Judgment OF the Supreme Court. So far az
regards the legislation of Congress, we want no
addition to it, for the memorialists point out the
existence of laws, which renders new lepislatiop
suPererogatory. They complain not of the insult
bcicncy, but tho violation of existing laws the OBJ
servanco of which would protect Indians ard
those within their territory from injury and
injustice. But, cannot carry these laws into
execution, We cannot afford tho redress which is