Abridgment of the Debates of Congress, from 1789 to 1856, Vol. 3 (of 16)United States. Congress
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Abridgment of the Debates of Congress, from 1789 to 1856, Vol. 3 (of 16)
United States. Congress
Law -- United States; United States -- Politics and government
Mr. EARLY.--Mr. Chairman: I cannot but be sensible of the difficulty
which opposes itself to the present claim after an unfavorable report
from the committee to which it was referred. And it is impossible not
to discern that this difficulty is increased by the opinion of the
Attorney General upon the construction of the articles of cession
from Georgia to the United States. But as to that opinion, it may not
be improper to observe, that so far as it applies to the case of the
claimant, it is repelled by the positive certificates of two of the
Georgia Commissioners, gentlemen of veracity and legal talents equal
with himself. To give to the opinions, or rather the “private ideas and
recollections” of that officer, the weight and authority which have
been thereunto attached by the Committee of Claims, would be to adopt
in practice a principle at war with the maxims of all free Governments;
it would be to constitute the framer of an instrument the judge of its
construction. This is the essence of despotism. But I apprehend that
neither the principle laid down in that opinion nor the facts therein
stated do bear upon the case; but that the facts do negatively prove that
the claims now under discussion were not included in the compensation
stipulated to Georgia in the articles of cession and agreement. The
principles are, that the term “territory,” as used in the instrument,
meant not only the territory ceded, but that retained. Now, Mr.
Chairman, as I cannot possibly comprehend what bearing this has upon the
question before us, I must be excused if I leave the Attorney General in
the undisturbed enjoyment of his premises and pursue the discussion.
Public-domain text, read in full here on John Shaqi.
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