Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1834-02-20
Saturday, February Is.
The Senate did not sit to-day.
HOUSE OF REPRESENTATIVES,

Saturday, February Is.
The Senate did not sit to-day.
HOUSE OF REPRESENTATIVES
On motion of Mr.. A. Ii. Shepper,i,
Resoiced That the Committee on Indian Affairs he in.
struced 10 Inquire into te expcdency of
the Society OF Morsvans United Brehren Tor their
missionary improvements aad expenditures in the Chero.
kee country, within the State OF Georgia
The following resolution, offered the 18th Of Janna.
ry last by Mr. Gilmer, OF Georgia, up for consde-
ration:
"ResolUed, That the Secretary of war be directed TO
communicate 10 this House all correspondence which he
may have had or other information in his possession, in
relation 10 the death OF Hardenan Owens citizen OF
Alabsa, who was lately put de,th Ivy party of reru
lar soldiers; whether said Owens pt 60 death i'm pur.
suance OF orders from the Wal Department. or any officer
OF the United States; and that he also communicate TO
this House any correspondence which he may have had,
or other information in his possession in relation to any
distractions thrown in the way of the execution of the
process Of the Courts of Alabama issued tor the purpose
oil bringing to trial those by whom said Owens killed
and any correspondence in relation to the removal of said
prosecutions TO the District Couit OF the U. States"
Mr. Gilmer said that he desired TO state why he felt il
his particular duty bring the House Tor s cops
defaon the OF the resolution which he had
Tor lis adoption.
The friends and relations of Col Owens were his neigh
borf and immediate constituents. Col Owens vas him
self native OF the county OF Ogehorpe in Georgia the
place OF Mr. Gs nativity and residence. His grand ia.
Their ADD grand mott yet living in that COUNTY and
were most respectable aud excellent people. Two the
and the acting Sheriff Of that couniy, are his near rea.
tons His iather officer during the last ar com.
manded company fom the county OF Ogethorpe died
in the public service in the expedtion against The Creek
Indians, in 1872 and lies buried in the Creek terri orv
not very distant from the place OF his sons death, Col
Owens was in $780, elected by the Legislature of Geor.
ga 10 survey part OF its public lands and Mr. G. said
that he knew that the service had been well performed
MIR. g. said that attempt had bean made 10 reuove
public od'um from those by WI ON Col Owens pu, to
death, ny aspersing his character He said he had
surprised at the statements he had upon that subject
Mr. o. said that during the last he had stopped
al the house Col Ovens ON his way TO Alabama and
en uudr CoI
Owens that be had the prospect OF an exceedingly pro-
ducve crop; that it had been cultivated principally by his
Indian neighbours whom he hired tor that purpose and
that he had contracted Tor Indian 10 Sc
cure for himself very valuable tract of land.
MIR. e. stated that he had made constant inquiries as
to The situation oil the Indians, and their treatment by the
whites that lie had seen Owens ia the company of
large number OF Indians very distant from Ovens re-
sidence, and that lie conversed freely with lem and that
he bad heard no complaint against him intruder This
was few weeks before he put DEATH and ne IL
months tom his first removal into The Creek territory
Mr. IT, stated that after the death OF Col Owens lie had
received letter from his widow requesting him TO apply
as her friend TO the President redress Tor the injury
she had sustained; that he had applied the President
through the Secretary Of War; and that lie had
an answer that preciuded the hope that her com.
plants would be attended to. Mr.. G. stated that Mrs
Owens had family OF children, and unfortunately
subject TO occasional mental arrangement, which made
necessary that she should be often under the care OF
Others Ii was indeed difficult TO Imagine case better
calculated 10 excite the sympathy OF others than that OF
Mrs. Owens Her husband killed. family OF small chill
dreD, dependent upon her Tor support subject herself to
affecting dispe nsation OF Providence in wilderness
country, surrounded by savages, without friends, de-
Prved OF her property and driven from her home by an
armed soidcry, and turned upon the world to he su-
tanned by charity Mr. G. said he owed the widow,
her children and their relatives (he was perhaps under
still higher obligation the country to iDs tue if pos
sble through this House, inquiry into the conduct
OF those by whom Owens put TO death The account
which lie had seen published was, that the life of Col
Owens had been taken by party of regular soldiers act
ing under the immediate orders OF the Depuy Marshal of
The Southern District Of Alabama, who, il was alleged
ac ed Her instr cfious
States.
scarcely consistent with the character Of our free
institutions that the regular army rhould be employed
enforce the commands Of the Executive Department in
time OF peace, against the life OF citizen when IL is 80
employed both the law and urgent necessity must unite TO
justify The act
Is HE duty of the House of REPRESENTATIVES the
grand inquest OF the nation, the guardian OF the rights
oil each oil its citizens TO inquire whether the death Of
COL Owens can he thus justified? And il il cannot that
take care That the violated laws Of The country be
ply vindicaied!
Mr. G.. said, that he desired to know Whether the De-
Puy Marshal OF Alabama bad had any the ar
rest oil Col Owens; aud he had, by whom il was given
"hai was The crime with which Owens was charged.
and The evidence upon which the charge as founded2
by The fourib nth and sixth sriicles Of the Amend
men Of The Constitution, is provided that The light of
the People TO be secure in their persons, houses papers
and effects, against unreasonable searches aud seizure
shall not be volated and shall ISSUE but up.
OH PROBABLE cause, supported by oath afrmaion-a aud
particularly describing the plate TO be searched and the
persons or things TO he seized.
Ao PeSoh shh DC heI 10 answer for capital other.
wise Infamous crime, unless presenteB or indict.
meDt by grand jury Except in arising in IN. land
or naval orces, IN The militia when in actual service
in lime Of war or public dsnger shall any person be
subject Tor the same offence, TO be twice put in jeopardy
OF lie or limb: nor shall be compelled, IN any criminal
case, TO be witness against bmse nor be deprived of
me- H0efH, or property, oifhou due process 0f ioU
nor shall private property be taken for public use Without
just compensation.
IN all criminal prosecutions The accused shall enjoy the
right 10 speedy and public trial, by impartial Jury OF
the Slate aud District wherein The chine shall have been
committed, which district shall have been previously
cerained by law; and TO be informed Of the nature and
cause OF the accusation TO be confronted with the wit
nesses against him iobave compulsory process Tor obtain
ing witnesses in his favor; aud have the assistance Of
counsel for his defence.
W said, that the Constitution would NOT have been
as originally proposed TO The States, hut Tor the
assurances upon the part OF its friends that
mese hnces or others Of similar character would be
sooPen rs amendments 10 IT, ior The security of The per.
sopai rights OF individuals. He ssd that was no, his
purpose AZ present. TO pronounce upon the death of Col
ovens whether he was murdered or not or TO assert at
nose by whom ne was put 10 death guilty Of any
offence The object Of the inquiry was 10 ascertain the
facts 80 That The House might form correct Judgment
upon mat subject, and be enabled 10 determine whether
ton 10 IT, " "'D ~ '''''