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SECOMl sr.HS!0> (’(•iigress. HOUSE OF r[:pkkskm'ahvf:s. GEORGIA AND TllK CREEK INDFANS. Fhiuay, fkb. 9, 1827. The message of the Presidcnl of the United States on the subject of the Creek Indians, having been received, ’ Mr. Forsyth moved to refer it to the 'Committee of the Whole on the State of iheUnit>n Mr. Everett moved to refer it to the Committee on the Judiciary Mr. Owen said, he did not rise to enter into any discussion as to the merits ot ibe question, but principally to say that he saw no reason for u reference of the >ubjcctto the cummittee on the Judicia ry. What are the duties of this com jYiittee ? To superintend the judiciary department of the government. Is this a subject of that character ? It is one vhich carries on its front an aspect of the most alarmin}^ character to the coun try. It is of vital importance to this L’nion, and retiuires the fullest and most di»nc!^binnute considcralion. When the subject was before the House a few days since, some gentleman had stated, iu reference tu some acts ot sov (ireignty conieniplated by' independent states, that if they encroached upon th*‘ laws of the United Stales, they would do it on their own responsibility and their own peri!. The states were fully aware of thi ir situation, and of ail the the ad Yar,t;igcs which they d-^rived from the XJnion, but tliey were not prepared to look to this House for denunciation. Wi.at they propose to do, they have a rigln u> do, and not to do it would be tre-achcry to il-emselves. [Mvic :lu* Speaker sug};estcd to Mr. 'O. remarks sl.ouid be confined totlie s'.il)ject before tiie lluube.] Mr. O. resumed. He was ».oming to the point. If the States of this Unum view any acts of the United States as en- ■gro 'chicg on their sovereign rights, they havt the'uncioubted privilege lo express their leelings, to remonstrate agaiiibi the •violution, and to resist it. No part of the responsibility which might result from this measure could be cast on his he^d; for he had foreseen these difficul lit b ai the last Session of Congress, and had cJled on the House to pause be fore it acted as it then did act. He did nol mean to say, howevei> that any State woald oppose resistance to the expressed opinion of the whole confederacy. He only wished to see suth av. expression of Op;n;on, and whenever that should be jnadc, Georgia would acqnicsce. The ?Sta.e also which he had the honor in ■purl to represent, would take the same course, and submit to the general judg These States had as fair and cor- j-ec* a knowledge of the principles of the govci nment under which they are con jedcraied, and as just a conccption ol ;iheir own sovereign rights, as any State or anv representative ot any State upon ,1his floor. He hoped the House would appoint a Select Committee on a subject TThxh, if fairly and fu.ly investigated would put it oui of the power of any fu furc collisions to shake the basis oi our iUnion ; but which, if hastily or impro pe:iy acted on, might lead to results of an 'jpposite character. Ml. Haile said he had risen for the put ;jo^e of'jjrcponnding some interroga iov!‘‘^ the gentleman from AlassachU' seii>» who had niade some remarks afi vv days since. He was then precluded iron: the opportunity of replying to the observations of that gentlemui. : and he 'Would now say, that he sl.ouiU nave re «>retted the circur -: ..» ce, if that oppor l uibecn .uwrded : as his reply av j I .‘i n dictated by an excited vA>her than a correct judgment iiu:-1'.e only reprt sentative on thislloor :! til.' of the sovereign Stutes of the Un- it was w ilh c!( ep regiei tha the heard it proclainud to him—that he had heard the thrCiU denounced, that it iKe State he represrnU (i should presme to legislate on a p.Jliculur sul'ject, which he be- •lieved it WiS her n'ght and he.- inietit.oi!' to legislate, bhc would di> it on her own jcsponsibiliiy, and on her own peril. Would not such a deminciation apply cxiually well to every other act of legisla tion I y that or any ot'.^er State r He vould ask if this language of menace V as to be confined to that small and lee- tk' Stale; or whether it uould be used to other States of the Union, and if it '.vas ex[ ected ihat they would submit to tunitv ihe (imuncii'tion If so, he would only •u>’' I he language of the Roman oralor, a’n 'c;y, “ I'aifwell—a long farewell to ^1 m\ countr\’s greatness.” H was aware, that whenever a State peiforn.ed any act of legislation, or dis- chaigcd any constitutional duty, she did it i.!\va)s on her own responsibility. But lie i.;jeaily regretted that this language of I^iei u(* should emanate from the source frcn- wi'ich It did come. He did not tti'. whence the gentleman from Mas- sai iiusetts derived the power and the au thority to use this tone of dictation. Was it to be ascribed to the influence which lie possesses on this tioor r or did he ut ter this language as the otgan of the ad- ^lnl)^lrdliolt—of the executive govern- iri;;nt of the Union f And wa^he infer ence intended, that miliur\ force should b© resorted to for tUc purpose of cocrcing \ny State into 'siibinission 1 In the re* marks which he (Mr. Haile) had made, he had been governed by no IVelings oi faction. He would be the last person in hat House to light up tiie torch of civil war. But if the legislature of the State of Mississippi acquiesced in this assumed power, so far as to refrain from the ex ercises of her own sovereign rights, she would cease to be a State. Mr. Powell said this was a question of refercncc. He did not regaid it es a matter of great importance whether the subject was sent to a Select Committee, or to one of the Standing Committees ; but he did not think it should be referred to the Committee of the Whole House. It would be necessary, as a preliminary matter, that various facts should be as certained,and this was a duty which it wouldbe impossible to discharge in aCom- mitteeof the Whole, A Committee of a different character could alone perform that duty. It was evident from the tenor of the message, that the conMtruction of several laws of great importance, and of treaties, would form the subject ol in quiry iin! of investigation. Now, ought not the House to have a report on these matters from a competent Committee, either the Judiciary, or a Select Commit tee. Again, in the examination of this mes sage, it may become necessary to adopt s(jme new art of legislation. If the sub ject is to be examined with a view to such contingent result, it would require the calm investigation of some able com- mittee.-> It may have to inquire into the character, construction, and bearing of existing laws; and he should therefore de precate a reference of the subject to a committee of the whole House which was the most unfit body for such a task. He believed the result of investigation b\ a Commi’.tfc of the whole would not be such as to satisfy ourselves or the country. He refrained from going into any of the general merits of the question ; but he thought all discussion would be prema ture, until we had before us the facts on which alone an opinion could be grounded. Mr. Webster observed, that the ques tion before the House was a mere ques tion respecting committees to which this communication was to be referred. He should confine his remarks to this ques tion, and could not, therefore, without violating the proper order of de bate, niake any reply to the remarks which had fallen from the genile- man from Pennsylvania, on the general topics contained in the communication from the Executive. He thought the communication ought to go to some committee which might be competent to ascertain whether the whole matter was before the House, and whether any legis lation would be necessary. He was not at all solicitous to send it to any particu- ticular committee; and certainly not to that with which he was himselt connected. As oneof that committee, he would say that they would neither seek the reference, nor shun it it it were made. But undoubtedly it ought to go to committee, to investigate the facts, especially as there was a proposi tion upon the table which looked to le gislation on the subject. This was the ordinary course; it was the usual course; and he knew' nothing in this case wlucli ought to put it out of the usual course. Mr. W. agreed with the gentleman Jiom Alabama, that the subject was both im portant and delicate. But he did not think it was so very alarming a matter as that gentleman seemed to suppose. There were at least two sides to the question; and if there was danger in holding that any act of a Sta'e legislature might violate the constitutional laws of the U. State, so, on the other hand, it must be allowed there was danger in denying the validityof a treaty made under the author ity of the United States, and duly ratified. The whole subject was one well worthy of mature deliberation. One word, said Mr. \\'. as to the honorable m'ember from Mississippi: When any member of the House asks of n.e an explanation of any thing personal as to himself, I am ready to make it: if any gentleman asks an ex planation as to any facts, or any argument, or a clearer statement of any argument, I am ready at all times, to comply with his wishes. Tor all other purposes, I can not submit lo be catechised; and to some of tlie (juei ies which that gentleman pro posed to me, I shall therefore, give no answer. Mr. W. went on to say, that he had menaced nobody; had uttered no threats as seem to supposed; but on the contrary, the lone of menace seemed lo him to come from the other side, and not from his side of the question; of that, however, the House would judge. What was this whole matter ? Was ii offensive to sov ereign Slates for him to say that they act ed, in any particular matter, on their own responsibility, and at their peril ? Sir, those States do act at their peril: and if they undertake to extend their legisla lion in the manner referred to, they do so on their responsibility, and at their per il. I shall not ti>ke back a syllable oi what I said, either in manner or sub stance. I wish to be understood as repeat ing It word for word, and syllable for syl lalde. -Sir, what are the circumstances of the case f The lands over which these States claim to exercise exclusive juiis- diction, have m ve»’ been subject to Slate lawb from ‘•tiC foundation of ihis^ovcrn- mtfnt; the control of those lands hafl al* ways In tn with the Congress of the L. States. \\> regulate the snle ot those lands, rather, we forbid ihe purchase of them by individuals. AVe enact all gen eral regulations concerning the Indian tribes who inhabit them. Their munici pal concerns have hitherto been nfanaged by themselves; they maintain their own peace and their own. laws. It was now said, that tVie States of Alal)ama and Mis sissippi either had cxientled, or intended shortly to extend, their legislation to the lands and persons of these Indians, i hey will therein do what has never been done or attempted before, and what has at least a very doubtful aspect; and when I said that they must do this on their re sponsibility and at their peril, I meant no more than that they would venture on the exercise of a power which they might be found not to possess. Does the gentleman call this language minatory, and come here a week after wards with a list of questions which he wishes to propound to me as to what I meant by the observations I made?- I tell that gentlemad that I mean what I say. 1 told that the propose measure will be the act of a sovereign State. Be it so. Is il not a possible thing that sovereign Stales may sometimes act in a manner which violates the Constitution ? /^e not con flicting laws of a State and of the United Slates to be discussed and settled for or against a State, before the Judicial tribu^ nal.^ If I and my learned friends were in another part of this ('apitol, we can speak of these things without offence, and the judgment comes upon therti, without oft’ence. There, at least, it is admitted to be very possible that a sov ereign S;ate may be in ihe wrong. Il is not my intention now to discuss the general question, or to go into an ex tended reply to the observations which have been made u{)on il: but I am tolu by the honorable gtntleman from Geor gia (Mr. Forsyih) that the Courts are open, and that this question may be set tled by a Judicial tribunal. This mighi have been a remarkably good argument lo address to the State of Georgia before she took the remedy into her own hands. It is a new mode of settling a constitu tional question, to seize the lands in dis pute, and send on the Hancock troop of liorse to defend the possession of them. But, at this stage of the affair, that ap peal to the Court comes with rather an awkward grace. When a man advances aclaim against the lands of his neighbor, he makes his appeal to the law; but, when he forcibly enters upon the posses sion of them, he makes his appeal to something different from the law. [Here Mr. Hamilton called the gentle man to order; and wrhen called upon by the Chair to point out wherein Mr. Webster was out of order, he explained himself as wishing to prevent any course of remark which "might tend to produce excitement. The Chair decided that Mr. Webster was in order.] Mr. W . resumed. I have no intention to produce excitement on this subject, but I have my own opinions upon it. I believe them to be tenable, and, at a pro per time, I shall not forbear to express them in this House. I have been induc ed on the present occasion, to make some reniarks which I should not have made, had not the inquiries of the gen tleman from Mississippi called me oui. Mr. W. concluded by expressing his hope, that the matter would be allowed to take the usual course of reference to a committee for examination. After considerable farther debate, in which Messrs. Everett, Hamilton, Haile, Forsyth, Webster and others participat ed, the question was taken on Mr. For syth’s motion to refer the message to the Committee of th»^ whole, and negatived; it was then, on motion of Mr. Webster, referred to a select committee. This committee is composed of Messrs. Eve- erett, Powell, Cooke, Drayton W’hiitle- sev, Lawrence, and Buckner; icrson. Fortunately the c6nscquences of^ uniting ti>e highest civil power wiih nvi- iiary talent and aspiring ambition re mains to be tested by future experiments, and Mr. Jefferson, long the leader of the party he created, was placed at the head of the government after the memorabl* session of Congress in 1801. 1 he ex- citenjcnt of a fiercely disputed election had not disturbed the serenity ot his manner, or changed the devotion of the new President to the best interests of the country. His very moderation, and the calmness with which he uttered the pur est maxims of political wisdom, provok ed his opponents, and their violence was curiously contrasted with the even tenor of policy coolly pursued by him. If we remember correctly, the great sin charged to the federal party during the periods of conteniion following the accession of Mr. Jefferson, was the sys tematic opposition to the then present ad ministration of the general government, the constant and untiring effort to push its officers from their places, and the cla mor against all its mease res, however salutary ihey vvere deemed by its suppor ters. How docs the course of conduct pursued by the opponents of another ad ministration at this day differ from the policy so bitterly condemned by them- jelves? The co-incidence in the manner of election which placed Mr. Jefferson and Adams in the presidential chair is well known. It was said, in 1801, that the patriot who has recently departed from among us, was placed in the chair of stale by intrigue, corruption, and favoritism of the House. The same charges have been renewed against the second President Adams, and the discon tented would seek to persuade ihemselveb by their own repetitions that he was not Ihe candidate of ihe people, but of a par ty. The co-incidence in the terms of a- buse, lavishly poured forth from the presses of the opposition, in that day & in ihe present period, is most striking.— The difference between the ancient ullra federal papers, and those claiming to ex clusive rej)ublicanism in modern limes is too small, if the names he changed, tobe perceptible. from grace, at the tinr.e he incurred tin - M sure of the General .\ssembly fur a violation of instructions, real or supposed* \Ve have no question that the operation cif that censure on Mr. Giles' mind soured the milk of human kindness which was supposed once to predominate so largely in his composition, and produced that tendency to indiscriminate warfare, which we h^ve seen to characterise his latter productions. We may hope that the restoration of confidence of his coua- try, will once more give the milk ascen dency over the gall, and convert the Ish. maelite into the Israelite. Richmond Whig, Letters and papers from Smyrna to th* 23d of November have been received in Boston. Every thing was quiet there.-^ The Turks were rapidly forming iheir regular troops, who mancEiivred veiy well. Omer Pasha, of Negropont, iy dead. The squadron from Fgypt was impatiently expected at Navarin, with the pay and clothing of the troops, and provisions. Colocotroni was at Njpuli, attempting to fit out an expedition agmnsr Tripolitza. The Pasha of Candia had made him self so odious by his severe exactions up on the people of that island, that the re volts in the interior had become much ifiore frequent and alarming, and the de scents of the Greeks from abroad upon the island were more frequent and daring. The Pasha could not go mure than 4. league from his residence, without ruii-> ning the riskofbeihg taken prisoner. Accounts from Alexandria in Egypt ta Oct. 23, state that on the arrival of a Tartar from Constantinople, a portion of the troops which had been already em barked on board the squadron had oeen landed, and 11 was said ihe squadron was ti> sail without them, for the purpose of car- rying provisions to Ibrahim Pasha. It was conjectured by the writer of the let ter, that the cause of the diseiubarkatiou of the troops was the prospect of pi ace. iV«/. Journal. Ex-Governer Tyler, of Virginia, has aildressed a letter to his friend, Uobert Doulhat, Esq. which has since been puU- Iished in the Enquirer, in relation to the heinous charge of havitig written a letter to Mr, Clay immediately after the result of the Presidenial election, approving his choice of Mr. Adams. In this com munication, he admits he did write to Mr. Clay, and gives an abstract of the contents of the letter. Tie says, that in preferring Mr. Adams at that time, to (Jeneral Jackson, he only expressed the sentiments of the people of Virginia. He says, the conclusion is ridiculous, because he does nut believe Mr. Clay, along with the western delegation who sided with him, to have been bought and sold, that he is bound to support an administration, which may oppose all his convictions of proper policy. He declines very proper ly to give any pledges as to his future course. He says, if his recorded votes in Congress, from the years ’IGto ’22 given on the very subjects, or the grea ter part of them, now funning ihe sub jects of contention—if a uniform course through all time, as well of peace as of war—if his conduct in the i.egislaiive and the Executive Departments of the Slate, do not develop the principles which will govern him, any avowal he might now make, might well be consid ered the result of the cii cumsiances in which he is placed, and as a propaiiory oflering to those who have seen so much cause of disquietude in his elecuoii 10 me Senate. Raleigh Hvgistcr. ANCIENT LAND MAUKS. The Adihinislration of the first Adams President of the United Stales, will be distinguished in the political annals of our country as the era of the formal or ganization of those great parties under the names of Federal and Democratic; terms of better ust as tl.e rallying words of hostility than as distinctive appella tions to mark the present difl'erences of o|)inion on questions of national policy; whose struggles continued to disturb so cial happiness during the stormy periods of past times. The spiri* of conciliation, after ihe exciting Causes ha i passed into ol)livion, crumf)led liie walls of partition, und the bickerings of rival interests, w ere sacrificed on the altar of patriotism. The firs President Adams, under the e- lation of recent victory, lost that equan imity which is the re(juisiie of an accom- ])lishcd statesman. Ills political demise was followed by a crisis tiireatening the very dissolution of the union, when that notorious man, whose commanding tal ents and unbounded ambition might have gained for him the blood stained honors of the Cscsar instead of the infamous ce lebrity of the Cataline of the confederacy, the slayer of Hamilton and the aspirant to the crown of the south, was seducell oy the confusion of suffrages to become the comj)eiiior for the chief magistracy, and by the infatuation of the electors al- nigst bccuiuc the bucccssft;* I’ivil of Jef- It is a part of the extraordinary policy of the Opposition to imagine charges against the Administration, however im probable and to take" no nonce of their refutation. A good deal of bustle and vapouring took place about the allowance id Mr. John A. K.ing, as Charge des Affaires at London. Information was asked and given. Bui none of the oppo sition papers have published the Secre tary of Stale’s report, because it demon strated that, the allowance complained of, could noi have been refused without vio lating the esivablished usiige of the Gov ernment, and that Mr. J. A. King’s situ ation as a Charge was the natural and necessary conscqucnce ofthe principles of public law. Kat. Journal. Election of Governor.—Pursuant to joint resolution, ihe General Assembly pro ceeded on Saturday, to the choice of Governor to succeed to office from and after the 4th March next. On the first ballot, W M. B. GiLtis, I’sf). received a majority of the whole. Giles 107, Nel son 62, Floyd 37. We are well pleased with the result. Though we have not admired the temper, or approved the entire views exhibited by ^Ir. Giles, since his last aj)pearance on the political theatre, commencing with his newspaper lucubrations, we are not forgetlul on the other hand, of his servi ces in organizing and leading the I’e- publicaii_party to victory. We are of those who prefer to rcmmber former meF" it rather than recent error. Mr. Giles’ feelings have appeared to require soitk' token of legiblative coiilideiio , to atonr lor wUat Iu- deemed an aum'jiited full S.WANNAH, Sunday, feu. 4. From Key IVest.—W’e learn from Capt. Joniiooii, ol the sioop Emeline, arrivo.1 oa Saturday, from Key West, which piace he left 11 days since, that Com. Porter remained in that port with his trigaie, the Libenad, and an armed hermaphro dite brig. I'lie remainder of nis squad ron, consisting of two brigs, had sailed lo scour the coast of Cuba. Two frigaies and three brigs of the Spunish blockad ing sqtiadron remained off the port. Tne Commodore was under no appre hensions from the Spaniarus, as, front ilie nature of the pori, he can put 10 seit with out difficulty. He nad dispaicned o:.e of his prizes to Havana with 130 prison ers, being the first intimaiion the Span iards received of his situation. His squadron was well manned, but lutd few olhcers. His nephew, Capt. Charles Por ter, was second in command. The Colombian schooner Carabobo, Capt. Ilopner, was at Key West. Capt. H. stated that during his .present cruise he had taken near 50 sail of vessels, but hud sent ntjne of them in. The Carabooo had a narrow escape from the Spanish brig Hercules, and only got away by the brig getting into shoal water. The ship Spermo, M’Pherson, fron) New York bound to New Orleans, sm totally lost on Alligator Reef, coast of Florida, about four weeks since. A pari of the cargo was saved and carried to Key Wottt. Among me articles saved was what was said to be an Mummy, but smelling bad it \*as unrol led, and alter sirippuig it of a multitude 01 lolds of linen, noiuiiig was discovered out a skeieion with the neck cli^ilocaicd. T/ie sincl! was ao ofiV'iSive ihat the col lector ordered it to be burnt. . Capt. Jotiiison Spoke the lig^U ship Caesar, on Carysford iveel, the captain of winch requested him to state that part of his crew had been in a state of mutiny, and had broken his ianteroy ^c. but were then in iroiis. Extract of a Letter from an American Citizeij, dated, Kio Jankiko, NOV. b”, 182G.-“ Slavo vesst-'ls arrive every day or two Iruni the coast of Africa, with full cargoes ol from two hundred and fifty to three and four hundred Negroes. A day or t'vo sincc, I saw a drove of them on stioio for sale, with a little tvhite boy driving them along the street, as they dnve sheep in our country. The Negroes are driven to a market, and tried, to see that they are sound in liinb and bo ly. Ttiey are sold from two to ihrct; iiundred dollars each. “it was certainly a heart-rcndinp; sight, and wiieii 1 beheld the poor Ne groes on shore performing all kinds of labor, even such as our horses and oxen are accustomed to do at iiome, i rejoicf; that the humane laws of tlie L^. States furnish our own Slaves with such a coin- paratively happy lot.’^ The House of Jtepresentatives Massachusetts have, on a fourth attempt*^ re-electcd E. 11. Mills as a Senator ot Uuited States, by an increased majority. There were only S votes, out ol -1^^» for J. 'P. Austin., the candidate of thi Senate.
The Journal (Salisbury, N.C.)
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Feb. 27, 1827, edition 1
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