The Works of Henry Clay, Comprising His Life, Correspondence And Speeches

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The Works of Henry Clay, Comprising His Life, Correspondence And Speeches
Clay, Henry, 1777-1852
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He had delayed preseiUing the memonftl/becaust; he cibstTved ihrit nejiher of I lie sejiators from Georgia was in hb ewfiil, uiifU ihe hour when Ihey niighl be expected lu be present, and when one of thetn, (Mr. King,) had ainually taken hia seat. If the honorable seaatcvr had bt^en present lie would have heard Mr, Cluy say that he ihottght the preieniaiioji uf the tuemorial a fit occasion to express his Bcnti- mems^ not only louehinf* the ritfhfs of xlicm individual pelitioners, but on the rig...htji of all tlie Indian tril>e!?, and their p?lation* to ibis governnienl. And if he would have but a lilde patience he would find that il was l\Ir. Clay^s iatenlian to present propositions which went to embrace both resolutions- Mr* Clay now resumed the eourse of his speech. And here, Mr President, let me pause, and invite the attention of the senate to tlie provitiion in the ael of {icorgja which I was readhig, (the ©ubstanee of whic h Mr. Clay here repeated,) that is, that he may I ..r r^^r^- OUB BBLATION8 WITH TUB CHBBOKEE8 319 gofld cause shall be shown for a continuance, and the same party shall not he permitted to continue said cause more than once, except for unavoidable providential cause ; nor ■hall said court at the instance of either party pass any order or grant any injunction to stay said cause, nor permit to be engraAed on said cause any other proceeding!, whatever.' ' At the same time, we find, by another enactment, the judges of the courts of Creorgia are restrained from granting injunctions, so that the only form in which the Indian can come before them, is in the form of an appeal ; and in this, the very first step is an absolute renunciation of the rights he holds by treaty, and the unqualified admission of the rights of his antagonist, as conferred by the laws of Georgia; and the court is expressly prohibited from putting any thing else upon the record.

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