Weekly national intelligencer. [volume] (Washington [D.C.]) 1841-1869, 1851-03-08

courts. ~
But the honorable Senator from Georgia (Mr Bsnnrrs)
says this unparalleled outrage in the history Of the
country know very well .hsf the honorable senator
from Kentucky has suggested tits not very foc,Oie o. con-
elusive argument to Offset one outrage against sno'ne
the Senator has aagned Massachusetts, and ccned nel
legsation would ask how long II since Geora extended
her jurisdiction by Legislative enacmens over what 70 called
the Cherokee country, then inhabited BY the naon ned I'M
der treaties with the United States How .Ons saS
she arrested Cherokee living In his own country thus ne
tried him. and condemned him, and sentenced MIN
In the mean tme the Cherokee nation, as nation deemng
this violation Of treaties applied to that INDUSTRIOUS man to
hn the honorable Senator from Kentucky REFERRED then
Chief Justice of the United States for writ Of error beiev
ing that their citizen had illegally and unusy condemn
ed and that the Government Of Georgia had no authority
to do That their allegation. They sued out writ Of
and II remember the facts correctly, carried to
the Legislature of Georgia. and service OF made whereupon
the Legislature of Georgia. Immediately in defiance Of that
writ Of error and the authority Of the highest Of the
United States, directed that man, by Legislative act to be
executed and he executed. Then, may well inquire
whether the by unarmed mob of supposed slave
is unparalleled outrage or not and whether If the Pres
dent escaped all in this instance for not issuing apo
camaion and threatening an array OF military power ne
might not have been pardoned passing this
without giving undue Importance do not refer TO
this any spirit of unkndness, but If Georgia is blameless
what becomes Of the charges against for unjust
uncourteous legislation When the honorable Senator
from Georgia undertakes epoach the citizens Of my State
with an unparalleled Outrage think be very well to
offset it by comparison Of conduct.
The honorable Senator from North Caroline lMr BAD
ER) pursued the OF argument which has been
pursued by the honorable Senator from Georgia. and he en-
tered largely and with no uncomfortable freedom Of remark
into criticism upon the laws of Massachusesaws passed
years be deduced from the character OF that
legislation argument that there was spirit prevalent In
Massachusetts deserving rebuke and condemnation bera
spirit which merits the notice and apprehension Of this Gov
eminent took occasion say, when spoke upon this
subject very briefly few days that the Legislature OF
Nassachrsets on this topic passed beyond the limits of my
Judgment in this matter, and had been member o. tns
body should probably have objected to the passage o. sucn
law that. Not that they had not rgnt % pass 10
not pace il on that ground consider the former laws
Of Massachusetts, being swept from the statute DOCK py
decision in the case Pgg Pennsylvania and the
of them was mere matter Of form and nothing ese Du
when it came to denial of the use o. the o'a!e cmce,s
under penalties and Of the PRISONS should have hesaed
However think gentleman who VIII read tnat decision
will for moment question the right OF Massachusetts go
tie full length which she has gone for where 70 20 % ound
in the constitution shadow Of authority ior caing upon
Massachusetts to furnish officers prisons to execute the
laws Of the United States
There are some other circumstances to which aavered
the other day. connected with this subject 70 which wsn
now to point little distinctly took occasion 70 say
that there we're laws in Southern States offensive 10
laws by which class Of he czens
were imprisoned without charge OF crime OF any sort OF KIND
It shown when that subject was under tna
colored Sailors free citizens imprisoned without pre-
tece Of crime and that several sailors who were hipwrecked
upon the coast Of South Carolina were seized ana put
prison. from which they could not be delivered until tney
CATION Of crime Now what did we do We asked Con-
aress when they were acting this fugitive slave law to
give these citizens the right OF habeas corpus wnicn was
taken away by the legislation Of South Carolina Weasked
them to do one thing The courts Of justice by the
laws Of South Carona were shut against citizens OF this de-
scripton We made the humble and reasonable reques
offering amendment to that effect that these doors should
be opened and that the question should be tried wnener OF
not it was lawful imprison these people without some
charge of offence.
Now nv friend from North Carolina, while censuring
for her beal legislation, voted against these
amendments His votes will be found recorded IN the journal
as expressive Of the opinion that this injustice shall be con-
tinued advert to this for the purpose OF reminding the
Senator that when he delivers philippe upon the lberai-
ty Of the Legislature Of Massachusetts, he should ALSO on
some convenient OCCASION revise his own votes and IN inc
administration Of evenhanded justice, vent portion OF his
indignation upon other quarters for their ilberality
This occurrence Boston said be prominent case,
standing out dnguishable from aoher casesequalled BY
none except the whiskey rebelonnone having occurred
witnessed civil in neighborng State, Knode isuu,
actual misunderstanding arrayed against army III am
greatly msnformed this Government then appealed
to to issue It's proclamation, to nteose its pacying power
but it declined to do We never saw any proclamation.
There was so far know, no interpretations Rhode Is
land left take of her rights in the best way
she could and to enforce the laws she might Now,
apprehend that the honorable Senator from Alabama, Mr
CLEmENs who spoke to us in plain manly way the other
day. and with very good has the key TO this whole mat
ter He said, in substance if remember him Alright, that
if this any thing but fugitive slave case it would
not be sustained the facts would not uphold it. And why
He said because agatng topic exciting large por
ton Of the country and that due from the Admina
ton in power to make this demonstration in order 10
satisfy the Southern mind of its desire sustain the
fugitive slave law. If that is the right view Of the NATTER
the of and things Massachusetts have great
connexon with this subject If it is necessary propa
tory the South let it be let II stand that
foundation alone All protest against is casting blame and
reproach the people of my State which think is unjus
fable and uncaled fO but sure the public will not fail TO
comprehend the whole matter.
will conclude by saying that does appear that
has in which military force is necessary give
support the civil institutions and will venture to predict
that the people of my State have occasion be alarmed on
this topcthat there will be navy, army, militia sent
there
Mr. BERRIEN. I desire to say single word to rescue
the State Of Georgia from the parallel which the Senator
from Massachusetts has endeavored to draw between the
case to which he referred and the present He is GER
tany unfortunate in the selection of his example This
Is the case Of awless mob rescung individual from the
custody Of officers Of the United States The to which
be referred presented the question whether the States Of this
Union had authority to execute the judgments of their own
courts whether, by the compact which entered into be-
tween these States In forming this constitution they bad
rendered any portion Of their criminal jurisdiction to the
courts Of the United Staesi The individual in that
tried and convicted before Of the State Of Georgs and
In obedience to the judgment Of that executed by
the proper ministerial officer The question whether the
courts Of the United States interfere with the courts Of the
States in the exercise Of their criminal urisdcon, is one
which the honorable Senator will have maintain sma-
lively before he with proprey draw into question the
conduct OF the State of Georgia that occasion.
Mr.. DAVIS, of Massachusetts, lido not think the honor
able Senator from Georgia quite hits the point Who to