H. OF R.]

Revenue Collection Bill.

[FEB. 27, 1833.

the signs of rebellion, and it will never do, the pride of These additional taxes, over and aboye the wants of the the Government will not suffer it, to permit you to ques-Government, so long complained of, and now of a charac tion our authority to tax you for whatever purpose we ter no longer to be borne, have brought up the South to please. True, these manufacturers have driven you to the point of resistance. South Carolina has said she subdesperation, and to drive you out of it again becomes a mits no longer. The rest of the South will soon follow. pretext to keep on the taxes. Lay down your arms, fall Tyranny, always cowardly, has taken the alarm. Every on your knees, and raise your hands and eyes in supplica- thing is magnified into rebellion. Wonderful signs, as of tion, and we have no doubt they will take the matter into old, have appeared. The earth and air are filled with their serious consideration at the next session of Congress! prognostics. Expresses freighten the country, from WashNow, Mr. Speaker, you may think this is no hard matterington to Charleston. A steamboat has been scen to reto bear, and that we ought to try it a little longer; but verse its flag, the Union down. One star on a blood red mark me, we are in and about the very point where it flag has been seen in the South. On the morning the procan be endured no longer, and this Congress would do clamation made its appearance in the Senate, no prayers well to pause before they move any further. What is it had been said in that body. The flag of Congress, on that you want-taxes? For what? For the Government? Take same morning, was observed to be flapping in confusion, what you please to any amount for its honest purposes. only half mast high. One of the thirteen stars, representHave you ever been stinted? Your Secretary says you ing the thirteen States, in the Virginia Capitol, fell on the cannot possibly spend more than fifteen millions, and the day that that grave body were discussing federal relations, allowance of this sum will reduce our burdens six mil- These were fearful omens of approaching war and rebellions. Why will you not do it? Do you want more for lion; and, as history plainly shows, should never be disyourselves? Only observe for a moment how bountifully regarded by a cautious and wise Government. And by you are supplied out of these fifteen millions. Bear with way of showing you, Mr. Speaker, how necessary it is to me while I tell the people, who are working under God's watch the signs, and to regulate affairs thereby, let me, curse for what little they earn, how. sumptuously their go- without reminding you of the oracles of old, bring to your vernors live. notice what was done by our sage and foreknowing faFirst, go with me to the palace of your President; see thers, in that island from which we sprang, about two the splendors of his household, view the lawns and arti-hundred years ago, under similar circumstances. I read ficial hills and dales that surround his mansion, made on from the tracts of old Lord Somers, a quaint but highly purpose to regale his eye, and varied every year to relieve instructive author, to whose amusing and vastly edifying his vision from the dulness of monotony! All this comes lessons I invite the attention of the House. It is well to out of the estimate of fifteen millions, said to be wanted make comparisons between periods separated by long for the use of the Government! Come with me to the lapses of time, in order to mark our wonderful increase gaudy exhibitions displayed in both halls of Congress; see of knowledge, and the great improvement of our taste and our hundred white servants, subject to our beck and call, judgment. To this end, I shall use this author frequentand we can hardly lift a draught of water to our lips with-ly in the progress of my remarks; and, therefore, once out their help! See the splendid gardens and enclosures for all, formally introduce him to your acquaintance, and provided for our special comfort and refreshment! One commend him to your polite civilities. Well, what says pavement, of ninety feet in length and forty in breadth, Lord Somers as to signs? Listen: has cost four thousand dollars! One enclosure of eight acres, for a botanic garden, in front of this magnificent building, is about to cost us twenty thousand dollars. The bringing of water from a spring in the adjacent country, Prodigious signs and apparitions, denoting war, &c. to sport in a fountain before the Capitol, is to cost thirty First, the likeness of a ship seen in the air at Stratford, by thousand more. It was but last night you gave away to Bow, near London, in September, 1660. this city, alone, eight hundred thousand dollars, besides "Two meteors like a streamer, or a besom, seen in one hundred thousand for paving its streets. The appro-Wood street, 12th of October, 1660, means Van Tromp's priation for what is so wastefully scattered over this build-broom at his topmast-head. These relate to the Dutch war. ing and its various apartments, I mean fuel and statione- "Now for wiggish armies, or their rebellions against the ry, is one hundred thousand dollars a year, a sum suffi- King. Strange and terrible noise heard in the air, as beatcient to defray the separate civil list of half the States in ing of drums, the reports of great and small guns, in Jathe Union... Two thousand dollars to paper three rooms nuary, 1660. in the President's palace, enough to build forty habitations for those in the humbler walks of life, who are the tax-paying people. All this, and I barely mention a few items, to show the character and extravagance of public expenditure, also comes out of this estimate of fifteen millions of dollars, intended to supply the wants of the Go

"The whiggish signs and apparitions, foretelling their rebellion, and the Dutch war, as you will find in two pieces entitled Mirabilis Annis, 1 and 2, viz.

"The form of a town well fortified seen in the air, 22d of April, 1661.

"The noise of beating a drum, and of clattering of armor, and the groans of dying men heard in the air, 1st of September, 1661.

Dreadful noise, like the report of great guns, with the beating of drums, heard in the air, 1st of May, 1661. "The form of a lion, a unicorn, and bear, fighting for crown, together with an army of horse and foot, seen 29th of May, 1661."

a

Yes, sir, the wants of the Government! And when the people, with a holy devotion for the Government of their choice, are willing to submit to these impositions, and to gratify these frugal wants, it is not enough; they "The form of a coffin, together with two armies, seen must contribute to the similar wants of private gentlemen, in the heavens, encountering each other, 22d June, 1661. and to the gratification of the like kind of splendor; be. Now, (continues the author,) what, pray, were these apcause, forsooth, they have idle money about them that paritions, prodigies, and judgments, printed privately, must be put to profitable employment, through the agen- and handed about to the party for, if it was not with decy of the Government, and at the expense of the great sign to foretell, and also to usher in, under the umbrage mass of the laboring South. And when the South com- of miracles, their intended villanous plots and conspira plains, they are told, your conduct is insolent, your course cies? and these encouraged the ignorant multitude, unis rebellious, and your doctrines are treasonable! It be-der their seditious preachers and leaders, to commit these comes our duty, and is demanded by the dignity of our unnatural rebellions against his Majesty's person and GoGovernment, in the language of the Chief Magistrate of vernment; and I think they are too visible to be denied the nation to a member of this House, "to put you down." by the most audacious of their party,"

FEB. 27, 1833.]

reversed.

Our author then states these signs were so frightful in of Carolina, which need not now be mentioned, he betheir nature, and the Dutch and whigs having threatened lieves they or any of them ever contemplated disunion, to take the forts and magazines of the nation, it so in- or designed to capture the military posts of the Governcensed the people, that the King, highly offended, issued ment. No, sir, no man so abuses his own judgment, a proclamation, commanding all the Dutch ships in the much less the integrity of these distinguished patriots, as ports of England to be stopped; and all further treaties to credit for a moment suspicions almost too gross for of pacification being laid aside, both nations prepared for the fanatic credulity of which I have just given a speciwar.-See Troubles of Eng. p. 3, fol. 73. men from the venerable Lord Somers. But great com"During (as the history continues) the preludes of plaint is made of the war preparations of South Carolina. the approaching war, the Dutch, a more contumelious Can any one be serious in saying that there is no cause than formidable enemy, inflamed the rage and hatred of for this? A State surrounded by military force denied the English people, by several scurrilous libels, medals, the right to prepare to meet it! Take care, Mr. Speaker; and many base and satirical pictures, according to the in- this is alarming doctrine to the States! In vain the connate insolency and barbarous vanity of that people." stitution allows the privilege to the citizen to bear arms "By one picture they did basely represent the English for his protection, if, when he rubs up his musket and nation a lion, depicted without a tail, with three crowns furnishes it with a flint, he runs the risk of becoming a traitor! Sir, preparation is no force; as well may you "Another was a picture of many mastiff dogs, whose tell me that the gentleman who sits before me with his ears were cropped and tails cut off."-Vide Dr. Collins's sword cane, and which, no doubt, he carries for his Survey of Muscovy, cap. 26. honest defence, is obliged to run it through the body of the first man he meets, because he has thought proper to be ready for the assaults of either insolence or avarice. I well remember, sir, my own State had once to make warlike preparation against the usurpations of this same Government, and I should like to see the man who would dare to say she meant any thing more than the lawful de"Other curious prints were divulged every where, fence of her undoubted rights. Against this Union she of the English Phaton's being overthrown, not by the never meditated the slightest movement; but against the thunderbolts of Jove, but by the valor of the Dutch. It unconstitutional acts of its Government, she did plant seems Britannia, or Old England, was no longer seated herself upon her arms, and hurled defiance in the very on her globe, with her feet on the sea, but prostrate on teeth of your usurping laws. What Georgia has done in the dry land, Holland being mounted on an elephant, good faith against the designs of arbitrary power, I am trampling upon her. Also, a boar, cutting off the tails of willing to accord to other States, without imputing bad the mastiffs, whereof some ran away, and others sat lick-motives to the act.

"In dishonor to the King and the English nation, they trailed the English colors, defiled with their excrements, through the streets, and at the sterns of their boats, whereby foreigners were persuaded that our navy were totally destroyed by the Dutch, and that they had gained the sovereignty of the seas.

ing their sores; others stood barking at a distance, with But, Mr. Speaker, these wonderful signs have prothis inscription: The English dogs and vipers destroyed duced another wonderful consequence; like the Dutch apby the valor of the Hollanders, in such manner that they paritions that frightened the English King, they have never shall give the world further trouble.'"-Vide Stubs's brought out a similar proclamation. A proclamation, I Further Justification, &c. fol. 2, 3.

!

will venture to say, that may safely challenge the world "And, lest we should stand in need of some of these for its parallel. By what authority was it issued? Sir, I extraordinary pictures of the Dutch, the Flying Post has am about to make a declaration that I dare any man to supplied us with another. He tells us that some of their deny. I affirm that there is no authority in this Governwanton limners drew King Charles the Second with his ment for any proclamation from the President of the pockets turned inside out. This was when there was a United States, that is not founded upon some notorious secret understanding between the Dutch and the faction law. The King of Great Britain dare not issue his proin the whiggish Parliament, while they had agreed not clamation unless supported by some known statute. Now, to give him a penny of money unless he would consent show me the law that authorizes the proclamation in to have himself dethroned by giving away his preroga- question: I boldly say there is none. What! have we tive."-Vide Oates's Pic. 22. come to this, that a proclamation, like the edicts of the Thus ends our author upon the notable subject of Grand Sultan, is to be the rule of action for the free signs, and they bear such a remarkable resemblance to people of these United States? That the President shall our own times, I trust they have not been uninteresting. proclaim in written instruments what he considers to be Our signs have denoted "villanous plots and conspira- the law; what is his interpretation of the constitution; cies," and the ignorant multitude, under their seditious and that, according to his views of either, the sovereign leaders, have meditated not only rebellion against his States shall be bound? Is any here so credulous as to "Majesty's Government," but a dismemberment of the believe that if such a paper had been issued by the exUnion itself, and hence great preparations of war have pected successor of the present incumbent against such been made. Troops have been sent from Norfolk to a State as Virginia,'it would have been tolerated for a sinCharleston," and fifty rounds of ammunition to the gun" gle moment south of the Potomac? No, sir, it would have been ordered. A part of the navy has besieged have been burnt in every town and hamlet throughout all that port. A reinforcement has been thrown into the that region. And pray, sir, what is the nature of it? In arsenal of Augusta. And what is all this for? "It is said one breath it reasons; in the next it threatens; now it information has been received from a certain quarter, argues, then it raves; here it is pathetic, there it is sawhich I say dare not be furnished, for it has been called tiric; in one moment it is serious, in another, it is ironifor and refused by this House, that the public authori- cal; sometimes grave, at others petulant; in some places ties of South Carolina intended to seize the forts and it is persuasive, in others intolerant; in many parts absoarsenal. Sir, nobody believes this-there is not a gen- lute, and every where dictatorial. It arraigns the motives tleman in this House believes it; perhaps I mistake, there of men; is abusive of particular characters; imputes base may be one or two. I appeal to the honor and candor designs to the public authorities of a State, and denounces of every disinterested man upon this floor to say whether, the leaders of the people of that State as traitors: losing from their knowledge, either personally derived, or from sight of the dignity of a State paper, emanating from the reputation of the characters of Governor Hayne, General Chief Mgistrate of a great Government, it descends to Hamilton, John C. Calhoun, and other distinguished men personalities, and those are directed against personal ene

H. OF R.]

Revenue Collection Bill.

[FEB. 27, 1833.

mies; its author calls himself the father of the misguided when such a scene commences, the good people of South people of South Carolina. The "father!" mind that! Carolina are going to stand around the dead bodies of the language used to the red people of the West. Your their sons with folded arms, and tamely submit to such 'great father" says so and so; in the name of every thing, butchery? And if they will not, where is it to stop? Do have we come to that? The States sunk into Indian gentlemen flatter themselves it will be confined to South tribes! But, Mr. Speaker, the worst part of this matter Carolina alone? They must have a very contemptible is to be told; that while this friendly, feeling, flattering, opinion of the other Southern States, either as respects fatherly, and fighting proclamation is reclaiming a State their courage or veracity, for they have more than once from the error of its ways, it is delivering over the whole said they will not submit to the tariff; and I trust they of the States into the hands of the General Government will have discernment enough to see that the destructo be consolidated, and henceforth to be known no more tion of Carolina is sought on that very account. The as sovereign States. The republican party, who have been South may prove recreant; it may falsify all its former contending for State rights for upwards of thirty years, strong asseverations; it may abandon South Carolina after and fondly believed they had gloriously achieved their ob- the work of death begins; they may turn out to be a ject, have had their trophies levelled in the dust at a talking, and not a fighting people; but I shall not besingle blow, and themselves bound, hand and foot, and lieve it till I see it, notwithstanding the proclamation thrown into the power of their old vanquished enemies. and this bill are supported by some Southern members. What a revolution! and how suddenly accomplished! The first and fifth sections of this bill allow the PresiBut it is said the proclamation, though erroneous in dent to use military force, and these are to remain in principle, was issued from the best of motives. Yes, operation to the end of the next session of Congress. Mr. Speaker, there is not a whipping post, a jail, or a The other sections confer great powers on the federal gallows, that may not claim the same merit; but when court, and are intended to be permanent. I think I can they are abused for the purposes of fraud and oppres-perceive that in some of these provisions my own State sion, it is but of little comfort to the sufferer to point him is to have another difficulty, either with the Indians or to the good motives that lie at the foundation of their in- the General Government; but as she can, as heretofore, stitution. I wish, however, this celebrated instrument take care of herself, I shall not now moot this point with had even the virtue of their design for its appearance. the House, but go on to show that, under the fifth secThis proclamation has been followed up by a cool, tion, a common marshal, especially if he be opposed to calculating message, confirming all its principles, and de- his own State, a thing not very unlikely, may involve manding the bill now under discussion. This bill re- this whole country in one universal blaze of civil war. quires force to put down, not the tumult of a few indi- The President is authorized to call out the military force viduals acting upon their own responsibility, but the when informed by a federal judge that "any law or solemn and deliberate act of the people of a whole so-laws of the United States, or the execution thereof," is vereign State, assembled in convention in the same man-obstructed by "any unlawful means, too great to be ner in which they assented to the federal constitution, and overcome by the power vested in the marshal." Now, asserted under all the forms known to a well organized who informs the federal judge of this fact? Does not and independent Government. Sir, this bill does not every one see it must be the maishal? Who judges of blink the question; it asks for the power of declaring the unlawful means, too great to be overcome?" Is it war against a State, and for the use of the army and navy, not the marshal? And must not the judge certify, upon to give success to that war. And, sir, we are about to his information? Should he choose, in the plenitude of grant it. We are about to do that against a sister State, his great wisdom and caution, to consider an assemblage which we dare not do against a foreign nation. We dare of the good people of Charleston, at the circus, convened not, without a formal declaration of war, which alone to express resolutions on federal ́relations, as “unlawful rests with the representatives of the people, where it means, too great to be overcome," and should they not should rest, for they are answerable for unnecessary disperse upon the coming of the proclamation, what is to wars, confer upon the President the power to use the hinder the army and navy from doing their deeds of death army and navy against any nation that should prove un- upon this unoffending people? Sir, the power is too tremindful of its obligations. Sir, the message contemplated mendous to be given to any one man that ever did or ever war, whatever persons may say as to its peaceable cha-will live upon this earth, especially in times like these, racter. Did not the President enter into a learned legal of personal passion, party prejudice, and powerful excitedisquisition, displaying his usual profound research into ment. I would not grant it to the President, even if he the depths of that science, even down to the feudal origin could be personally present, with all his peculiar moof his subject, to show that the posse comitatus was a mili-deration and love of peace, to judge of the "unlawful tary force, and as such might be resisted? What was this means" himself, much less a partisan marshal, bent upon for? That if South Carolina should attempt to use this the triumph of his party, even at the expense of the lives instrument, which she and all other Governments have of his adversaries, a passion which has not been withused time out of mind, to carry into effect her legal pro-out its manifest exhibition, even within these walls. cess, and which she will continue to use, when necessary, Have we not some experience how dangerous it is to in all other cases where her own citizens are alone con- confer unusual power on those whose ardent temperacerned, it is to be considered the use of force on her part. ment leads them to a loose construction of it? In ordinary It must cease to be employed in cases where the General cases, and under ordinary powers, there is little or no Government is a party, and, if used, it is to be treated as danger from any public functionary; his own interest and a military force, and shot down by the army and navy of public opinion will keep him straight; but on great occa the United States. As well may the courts and their sions, and under unusual excitements, no man should be sheriff be considered as a military force, and treated in made absolute, and, least of all, General Jackson; for we like manner. Does not every one perceive that this is do know that, on several occasions, he has known no law the way the civil war is to commence? The sheriff, and but his own will, and that, if a law stands in his path, he his unarmed posse, are, by a forced construction, and at gives it just such meaning as furthers the strong purpose the special instance of the President, to suit the occasion, of his mind. As I feel no inclination to make an assertion made a hostile array as against the Federal Government, without the proof, I beg leave to submit a case or two. It (but perfectly lawful as against the State's own citizens,) will be recollected that a certain meeting took place at and, as such, are to be murdered by the United States Hartford, in Connecticut, by some of the first citizens of troops. Does any man in his proper senses believe that, the Northern States; it was a political meeting, and, so

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Revenue Collection Bill.

[H. or R.

far as I know, peaceable. I do not mention it to reproach is, therefore, to make known to the said officers to withany one, for, on the present occasion, I do not intend to draw themselves, as they ought heretofore to have done, hurt the feelings of any; my purpose lies in another way. from the Floridas, agreeably to the said seventh article, In speaking of this meeting, many years afterwards, Gene- on or before the third day of October next; after which ral Jackson said in a letter, and, of course, under due deli- day, if they or any of them shall be found within the Floberation, that he would hang them under the second sec- ridas, all officers, civil and military, are hereby required tion of the rules and articles of war if he had been in their to arrest and secure them, so that they may be brought neighborhood as commanding general. Now, what is this before me to be dealt with according to law, for contempt second section? It will create amazement when it comes and disobedience of this my proclamation"-that is, to be to be seen, to think that the lives of so many individuals hanged, I suppose. might have been taken under such a construction. Well, here is the far-famed

SECOND SECTION.

Against this proclamation of banishment under a construction of the seventh article of a treaty which only meant a formal delivery of the forts, and the withdrawal therefrom of the troops, as a body of troops, in six months, "Be it further enacted, That, in time of war, all per- leaving every individual, as such, the privilege of remainsons, not citizens of, or owing allegiance to the United ing in this free and happy country, the Spanish minister States of America, who shall be found lurking as spies bitterly complained. With regard to the publication, in or about the fortifications or encampments of the ar- considered so scandalous and indecent, and which furmies of the United States, or any of them, shall suffer nished the pretext for banishing eight individuals from a death, according to the law and usage of nations, by sentence of a general court martial.”

land of liberty, and where we boast the existence of a free press, the minister makes the most urgent complaint. I pass over the scenes at New Orleans and St. Mark's, After showing how ungenerous and ill-founded was the "as laws are silent amidst arms," but I must exhibit the treatment of these men, he adds: "But, in order to make case of the Spanish Governor of Florida, the celebrated the irregularity of General Jackson's proceedings more Colonel Callava. His case is familiar to every one. The evident, I will grant, for a moment, that they are certain manner of his being seized, and imprisoned by General and proved; I will admit that the officers have been deJackson, because he would not give up certain papers serving of the chastisement and dishonor which they have which he considered private, was made a subject of com- suffered: but yet nobody will deny me that, before it was inplaint by the Spanish minister to our Government; with flicted upon them, they ought to have been cited before that I have nothing to do. It is with the construction of the proper tribunal, have heard the charges, and have povers, and the meaning of the language in which those had liberty and time for their defence. These are fundapowers are conferred, or the meaning of instruments to which they relate. I hold in my hands another proclamation from the same author, to which I beg the serious at tention of the House, if they regard it as a matter of any consequence to know whether great and extraordinary powers have been used by their depositary, about to receive similar powers, with proper and safe discretion.

mental principles of the laws of Spain, and of the United States, and of every civilized country. Yet what has been the conduct of General Jackson? Without giving them the least intimation, be publishes, in a language foreign to them, a proclamation expelling them from the province, giving them scarcely time to arrange their affairs, and authorizing all officers, civil and military, to apprehend them, and bring them before him!"

The proclamation sets out with a long string of titles, such as "By Major General Andrew Jackson, Governor Mr. Speaker, what a reproach! And this stands upon of the provinces of the Floridas, exercising the powers of the records of your country, giving the perpetual lie to the Captain General, and of the Intendant of the island of the vaunted assertion of our constitution, that ours is the Cuba, and of the Governor of the said provinces respec- land where the freedom of the press and trial by jury retively; whereas, by the seventh article of the treaty con- main inviolate. So much for broad construction; and such cluded between the United States and Spain, it was sti- was the consequence of it, that it wrung from General pulated that the officers and troops of his Catholic Ma- Jackson himself the declaration of his "hope that no livjesty in the territories hereby ceded to the United States ing man should ever in future be clothed with such exshall be withdrawn, and possession of the places occupied traordinary authority." Let us take him at his word, and by them shall be given within six months after the ratifi- remember what we are about to do. It is the same percation of the treaty, or sooner if possible:' and whereas it son to whom unlimited power is about once more to be has this day been made known to me that the following given. General Jackson is but a man, and ours is the officers of his Catholic Majesty, to wit, (eight in number) Government where we trust the lives of the people in the are (among many things related under a goodly number hands of no man. If the scenes I have just read to you creof whereases) the authors of the following false, scandal- ate a sense of mortification, what may not be the extent of ous, and indecent publication, [now listen to this scandal- that feeling at a future day, growing out of the present ous and indecent publication,] viz. In speaking of Colo- transactions? Fifty years hence, and this measure will be nel Callava's appearance before General Jackson, H. B. viewed with astonishment; indeed, we ourselves, after our ought to have stated that none of the interrogatories and bickerings and heartburnings shall have ceased, may live highly offensive accusations of the General were faith- to blush at our own temerity.* fully interpreted to Colonel Callava, any more than the replies of the latter to the former. It was, therefore, I was told by a gentleman from Tennessee, [Mr. out of the power of our chief, not knowing what was said ISACKS,] that these things I knew of General Jackson beto him, to make the auditors understand how innocent he fore he was re-elected, and yet I was in favor of him. was of said charges with which his unqualified honor was Keep General Jackson within proper bounds, and he can endeavored to be stained. Such, in sum, are the obser- do the American people no possible harm. Ours is a Govations we had to make on the statement of H. B., and vernment of laws, and, so long as they conform to the we hope that he and the public will be convinced that we constitution, no public functionary can do us mischief acted from no principle of pusillanimity; that if, on the without doing himself a greater. Because I was for him, one hand, we shuddered at the violent proceedings exer- as President, it does not follow that I shall invest him with cised against our superior, we knew also what was due royalty. A man, within proper restrictions, may make an to a Government which was on the most friendly footing excellent President, who, with unlimited power, would with our own. We are, &c. (After stating how offen- make a desperate tyrant. The lion is a noble and genesive this publication is, the proclamation concludes:) This rous animal, and we are delighted to view him in his cage;

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Revenue Collection Bill.

[FEB. 27, 1833.

I have another case, Mr. Speaker, to show the danger let not a foolish pride, a vain importance, and inflated of employing military force for civil purposes; though I self-consequence, and a mawkish, false dignity, hurry this should remark, General Jackson has no concern with it. Government into a lofty dictatorial conduct towards soveI adduce it to prove the utter impropriety of placing the reign States, which the plain, simple, honest, direct, laws in the hands of soldiers, whose modes of thinking and and manly sentiments of democracy will finally frown action are all turned on war. The case comes within my down with shame and confusion. The State and Geneown knowledge. In the summer of 1830, some fifteen or ral Governments were made by the people, and for their twenty of our honest and respectable citizens of Georgia own especial benefit-the first in their social, the other were seized in their own State, because they happened in their federative character; and one was not designed to be within the Cherokee nation, by a federal military to oppress the other. Can any thing be more ridiculous force, and, without suffering them to visit their homes, than that the people should institute two Governments, or supplying themselves with a single comfort or conve- for the mere pleasure of fighting, in the character of nience for a sudden and laborious march, but tying them one, against themselves, in the capacity of the other? together and pinioning their arms behind them, they were For shame! let us fly from such inconsiderate and inmarched off from their families, destined for Savannah, consistent folly. It will suit the temper, feelings, and a distance of nearly three hundred miles. These men, condition of the aristocratic Governments of Europe, though honest, were poor, and many of them had bravely where every thing is done for the benefit of the few; but fought by the side of General Jackson himself, had com- it is utterly repugnant to our institutions, where every mitted no crime, but were torn from their friends, and man is a monarch, in the sovereign character of that term. paraded through the country with a little lieutenant strut-Connected with the facts I have just related, I must menting in their front, and the bayonets of a brutal soldiery tion, that the officer who commanded the military force glistening at their backs, like so many galley slaves, a was sued by the individuals thus maltreated, and the case gazingstock for men, women, and children, as they came before me. Holding the scales of justice as even as passed the farms and villages of the country. And, Mr. it was in my power to do, and always anxious to support Speaker, but for my interference, and with pride I speak the just authority of the General Government, I said to the it, these brave and respectable citizens would have been complainants, you ought to be satisfied with your dismarched off to Savannah, and there, in a land of strangers, charge-the fault is not in the officer, but in the law. far from home, without money, and without friends, there He had acted under an authority, which, whether right or were a thousand chances to one their fate would have prov-wrong, relieves him from the imputation of bad motives, ed an eternal separation from their wives and children. or lawless attempts upon your liberty. Let him go withAs it was, they were driven fifty miles from home by out harm, and tell your representatives never to place forced marches. Sir, it was fortunate for them the mili- the military over the civil authority. And, Mr. Speaker, tary force, ay, sir, the military force, such as your bill I am supported in this view by General Jackson himself, notcontemplates, chose to exhibit a military flourish through withstanding he now asks you for power "to put down a the populous village in which I reside, and to avail them- State." Permit me to read to you his own answer to the selves of a triumphal entry into that notable town. Being Senate, dated on Washington's birthday in 1831, to a call clothed with a little brief authority, I dared to issue that which they made upon him" to inform the Senate of writ of writs, called the habeas corpus; and, sir, believe the reasons that have induced the Government to decline me when I tell you, upon an investigation of their case, the enforcement of the act to regulate trade with the their only crime was a return to the Cherokee nation for Indian tribes, and to preserve peace on the frontiers, passed the purpose of reclaiming a few working tools which they in 1802." Let me call the earnest attention of the House had left at the gold-pits a short time before, upon leaving to his reply. Listen-he says: the nation under the orders of the public authorities of Georgia. This, sir, comes of using military force instead of the civil authority of the country, where the accused can have his friends about him, can have a hearing, can have his own witnesses, and confront those of his accus

ers.

"The Indians, thus situated, cannot be regarded in any other light than as members of a foreign Government, or of that of the State within whose chartered limits they reside. If in the former, the ordinary legislation of Congress in relation to them is not warranted by the constitution, which was established for the benefit of And is this to become the mode of executing the our own, not of a foreign people; if in the latter, then, laws? Are we drifting to the habits of European Go-like other citizens, or people resident within the limits of vernments, whose arbiter is the muscle of the sullen sol- the States, they are subject to their jurisdiction and condier, and whose executioner is the murderous edge of trol. To maintain a contrary doctrine, and to require his sword? Mr. Speaker, let us pause; this is not the the Executive to enforce it by the employment of a miligenius of our Government. States cannot be forced. tary force, would be to place in his hands a power to Lawless individuals may, who act upon their own re- make war upon the rights of the States and the liberties sponsibility. But let us draw the proper distinctions be- of the country-a power which should be placed in the tween the actions of a whole people regulating their po- hands of no individual."

litical rights as a Government, and those who oppose au- Can commentary be necessary on language so plain? thority for selfish and individual purposes. States have And is this House prepared to gratify an individual in the rights, the sneers of manufacturers and the doctrines of exercise of that which he himself has denounced, and the proclamation to the contrary notwithstanding. And

but if his keeper should politely offer to turn him out for our special amusement, I venture to say some one would kindly thank him, and instantly remind him that he is in the habit of doing mischief when unchained, and yet never thereby think of offering disparagement to the lion. Let Congress, who are the keepers of all the public officers, confine them to their proper limits, and treat them as men, and not as gods, and then there is no danger. This much I intended to have said, and asked to say, in reply to Mr. ISACKS, but was denied and prevented by the call of the previous question.

warns us is too much to be granted to any individual? Who will now blame me for a freedom of debate in relation to the measures of the administration, when its chief disclaims the principles against which I war, and when, too, I consider that all we hold most dear is at stake?

I come now, Mr. Speaker, to the third thing proposed, though I omitted to mention it in the beginning of my, remarks: I mean the nature of our Government. Be fore I proceed, I cast my eye around with a hope to draw upon me the steadfast looks of every member present, [ and the crowded auditory that surrounds the hall. I am about to make an assertion which may perhaps give of fence, and create some strong sensation in this honorable