Cherokee intelligencer. (Cherokee (C.H.)) 1833-1834, February 23, 1833, Image 4

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An Act to add parts of the counties of Habersham and Halt to (he county of Cherokee and to divide the ‘ comity ot Cnerokee into ten counties, and to pro vide for the organization of (lie same. Sec. I— He. it enacted by the. Senate and House of Representatives of lhe Stale of Georgia in General ; senility met, and.it is hereby enacted by the authority oj the same; That so much of the counties of Habersham j nud Halt as lies west of a line beginning at the mouth I of Leathers’ spring-branch, in said county ot Hall and I running up said branch until it crosses the road lead-, ing from Leathers’ ford to Habersham byway ol | George Garmons, thence with said road to the fork of , Tess nice road, thence with said Tesseutee road to ; the Habersham line, thence with said line to a line I dividing lots no. 24 and 25 in the first district of said ) Habersham county, thence due north to a line dividing ; the first and fourth districts, tbence wed to a line be- ) tween lots nos. 48 and 49 in said fourth district, thence due north until it intersects the line of the county of j ■Cherokee, shall form and become a part of Cherokee , county. , Sec. 2 And be it farther enacted, That the first, se-. cond, third and fourteenth districts of the first section ; of said county of Cherokee, shall form and become I one county to be called Forsyth. Sec. 3. And be it further enacted, That so much of the said county of Cherokee as lies within the fourth, fifth, twelfth, thirteenth, fifteenth and such parts of the sixth and eleventh districts of said first section as lies south of the mountains, to be more particularly designated, by a line hereafter to be run including such parts of the counties of Hall and Habersham, herein before added to said county of Cherokee, shall form and become one county, to be called Lumpkin. 4Sec. 4. Andbeil further enacted , That the seventh, eighth, ninth, tenth, sixteenth,seventeenth, eighteenth and nineteenth and so much of the sixth and eleventh districts of the first section as lies nor. h of the moun tains. and of the before mentioned line to ba run shall ! form and become one county, to be called Union. Sec. 5. And be it further enacted, That the first, J sixteenth, seventeenth, eighteenth, nineteenth and twentieth districts of the second section, and so much ot the first, second and third districts as lay east of a line to be run, commencing at the centre of the north line of the third district in said third section and run- j ing due south to the south line of the first district of j said section, shall form and become one county,to be ! called Cobb. •Sec. (5. And be it further enacted, That the second, < third, fourth, thirteenth, fourteenth and fifteenth and j such parts of the twenty-third, •twenty-second and I twenty-first districts of the second section as lay east of ; a line to be run. commencing at the <■< ntre of the ' north line of the twenty-third and riming due south to ; the south line of the twenty-first district, shall form j and become one county, to be called Cherokee. Sec. 7. And be it further enacted. That the fifth, j sixth, seventh, eighth, ninth, tenth, eleventh, twelfth , and such parts ot the twenty-fourth and twenty-fifth districts as lay east of a line commencing at the center I of the south line of the twenty-fourth and riming due north to the north line of the'twenty-fil’th and so much of the twenty-sixth and twenty-seventh districts of I said second section as lay east of a range of mountains ; tuning north and south through said district, shall I form and become, one county, to be called Gilmer. Sec 8. And be it furrthr enacted, That such parts of thu twenty-seventh, twenty-sixth, twenty-fifth and ; twenty-fourth districts of the second section as lay West of the lines herein before designated and the seventh, eighth, ninth, tenth, eleventh, twelfth, thir teenth,fourteenth. twenty-fifth twenty-sixth, twenty seventh and twenty-eighth districts of the third sec tion and the sixth, seventh, eighth, ninth, tenth, eleventh twelfth, thirteenth, eighteenth and nine teenth districts of the fourth section, shall form and become one county, to be called Murray. b'ec. 9. And be it furthur enacted, That such parts ot ih“ twenty-first, twenty-second and twenty-third di-trictsof the second section as lay west es the line herein before designated and the fourth, fifth, sixth fifteenth, sixteenth and seventeenth districts of the third section, shall form and become one county to b«- called Ca-ss. Sec. th. And be if further enacted, That the twenty-second, twenty-third and twenty-fourth dis tricts ofthe third section and the third, fourth, fifth, fourteenth,, fifteenth end sixteenth districts of the fourth section, shaft form and become one county,to be called Fjoyd. •Sec. 11. Andbeil further ■enacted, That so much of the first, second and third districts of the third sec tion as lay west of the line herein before designated and ttte eighteenth, nineteenth, twentieth and twenty first districts of the third s< ction and the first, second and seventeenth districts of the fourth section, shall form ana become one county, to be called Paulding. f 2. And be it further enaded, That on tke first Monday in March next, the persons who may be re siih-ni in said counties, entitled to vote for members ot tiie legislature, may meet together at the several pt ices herein after designated in their respective coun ties, and under the superintendence of three suitable and capable persons, elect five Justices of the Inferior Court, a Clerk of the Superior and Inferior Courts, a Sheiiff, a Tax Collector, a Tax Receiver and a county Sin veyor and Coroner lor each county—who shall hold their respective offices lor and during the time herein after prescribed, in the seventeenth section of tins act. Sec. 13 And be it further enacted. That the places ol h ildi.ig elections iur said counties shall be as fol lows : In the county of Forsyth—at the place where Win. II nimoiis now lives. i. the county of Lumpkin—at the place where Wm. Dean now lives In the county of Union—at the place where Isaac N. • -’reer now lives. in the county of Cobb—at the place where John •Pace, now lives. in lb*--county of Cherokeeat the place where John Lav now lives In the county of Gilm«r —at the place where Ned Tucker recently lived In (he county of Cass—at the place where Chester Hawksnow lives. In Hie county m Murray—at New Echota. Li the county of Floyd—at the place where Janies Cunii ugmun now lives. in i.,e county of Paulding —at the place wbereJobn itciit-r now lives Sec. 14 And be it further enacted. That the said suitable and capable persons presiding at said elections !< ••<•< lively, shall certify under their hands, to his c> •■,!<• >cy the governor, the persons elected, who -hi oy li.m he commissioned under the rules ana re g i dions pointed out by law for commissioning of sia l, olfieersthroughoiit the state, except as provided lot 1.1 the 'hifteciitli section of this act. S-’c. !.’>. And be it further enacted, That the Justices ot Ur Interior Court m their re-pecti e counties or a ni ij tri'y ol them shall designate the site tor the ne c< try county buildings as they may think most con ducive t>> the public good, and they.shall have power ol erecting til: necessary county buildings. Sec. Iti. .4nd be it further enacted. That the said Justices shall, as soon as practicable lay off their re s’fciive counties into captains districts, anil said di-uact- may be defined, they shall advertise, and one or m >: e i said Justices shall superintend the election f. 'w o Justices of the Peace in each captains district gt ,ig fit teen day s notice of said election aF two or in • public places in said district, which said Justices ot it ■ Peace when elected, shall bo commissioned by th'- governor. St'c 17. And be it furthur enacted, the county offi'-t rs elected under and by virtue 9f this act, shall b ‘'<m:*sion- j d tor. and hold their offices until the fl. i d iy < t January then next, and until tneir succes s< • a elect) d and qualified and no longer. Tha an • •i-'.ion shall be held on the first Munday in Janu ary • iihte< n hundred and thirty-four, at the various P IH •■> s tor holding elections in the said counties, for all comity officers in said counties in terms of the law n"W in ii>ic> m this state, and the persons elected are to be commissioned, and hold their several officessoas • to end at the same time commissions of the t I county officers of the old comities of this state, will ! end, according to the laws now in ion e, so that all the county officers in this state may be lieieatlei electee I ; at the same time. . | i Sec. 18. And be it further enacted, Hint it shall be the duty of the said justices of the Peace, after they | i shall be commissioned by tha Governor as aloresaid, I to advertise in their respective districtsan election for j Captains and subaltern officers as required by the mi- | ’ litialaws now of force, and said captains shall as early | as practicable make out a complete roll ol all such > ' persons in the respective districts as are liable to do ; i militia duty, and return the same to the Inferior i i Courts. t i I Sec. 19. And be it further enacted That so soon as ; the militia officers ol the said several districts in their ' | resnective counties shall be elected and commissioned I it shall be the duty of the Justices ot tlie Inferior ; Courts to advertise the election ot field officers for I each county, giving fifteen days notice thereof in one ■ I or more public place in each captains district—and it j | shall be the duty of two or more Justices of the! j Peace to superintend said elections and certify the I j same as required by the militia laws now in force. | I Sec. 2>'.'And be it J’«r//icr en«c/etZ,'f hat the Justices ■ j of the interior Courts of the respective counties shall, ' as'soon as practicable proceed to the selection of I ! grand and petii jurors in the manner pointed out by j { the laws now in force. I Sec. 21. And be it further enacted, That it shall be ! the duty of the county surveyors, jointly, of (lie coun- ! ties bi tween which, according to the provisions of : this act, lines are to be run and marked, under the or- : der and direction of the respective interior Courts } with such aid as they may grant, to run and mark said ■ lines, and to return to their respective cour<s, plats thereof plainly designating the said boundary lines, ; which plat shall be by the clerks of the Inferior Courts ! placed upon the county record. Sec. 22. And be it further enacted. That the seve-! rai counties herein before organized, shall form and become a judicial circuit to be called Cherokee— and that so soon as may be convenient after the pas sage of this act, there shall be elected for said circuit • a Judge of the Superior Courts,and a Solicitor-Gene ral. 1 Sec 23. And be it further enacted, That the times of holding the Superior Courts in the Cherokee cir cuit shall be as follows : in the county of Cherokee, on the second Monday | in February and August, in each and every year ! In the county of Forsyth, on the third Monday in I ! February and Augustin each and every year I In the county of Lumpkin, on the Thursday alter | (the third Monday in February and August, in each I I ami every year. j In the county of Union, on the fourth Monday in ; | February and August, in each and every year. ; In the county of Gilmer, on Thursday after the j fourth Monday in February and August in each and j every year. I In the county of Murray, on the first Monday in I March and September, in each and every year. J In the courtly of Floyd, on the Thursday alter the I first Monday in March and September, in each and ! , every year. . ! j In the county of Cass, on the second Mondry in 1 March and September in each and every year. | In the county of Paulding, on the Thursday after i ' the second Monday in March and September in each I I and every year j In the county of Cobb, on the third Monday in > i March and September in each and every year. I That the times of holding the Inferior Courts m the j 1 Cherokee circuit shall be as follows : In the county of Cherokee, on the secoe 11 -Monday . in April and October, in each and cvervyejr. _ , In the county ot Forsyth, on the t l,rt ’ Monday in | April and October, in each and evoy In the county of Lumpkin, on ,ae tourtu Monday in ■ April and October, in each anr-’every . v^ ar - . In the county of Union, o-i the first Monday in May aud November, in each »->d eve y year. in the county of Gilmer, on the second Monday m May and November, in each a,, d every Y eal ’* In the county of Murray, on the thud Monday in May and November, in ;»ch and every year. In the county ot F«yd. on the fourth Monday in May atid NovemW. '•» each and every year. In thecounty-’f Cass, on the first Monday in June and December i» each and evevy year. In the ow'ly of Paulding, on the second Monday | in June December, in each and every year. : In 11k county of Cobb, on the third Monday in June and December.in each and every year. Sec. 24. And be it further enacted, That the places , of holding the Superior und Inferior Courts in the se- , veral counties of Cherokee circuit, shall be the places . designated in this act. for the election of county ofn-j cers until the Interior Courts-of the respective coun-| ties shall otherwise order and direct. Sec 25. And be it further enacted. That nothing, herein contained shall be so construed as to prevent , the commencement ot suits in the several courts of i said county of Cherokee as heretofore organized, until , the officers of <4ie several counties shall be elected , and commissioned in conformity to the provisions ot | this act, Provided, That so soon as said counties are organized, all suits shall be transferred by order of the i several courts to the courts of the counties to which i they respectively belong, and in which the defendant I resides at the time of the institution of the same. Sec.*26. And be it further enacted, That all officers | civil and military, who have been heretofore elected ; and commissioned tor the county ot Cherokee, shall I continue in office, in the counties and districts into I which they may be thrown until the expiration of the i term for which they may have been commissioned,; and that no election shall be held in the county or dis j trict where said officers shall reside, unless the same become vacant, until the regular time ol elections throughout this state. ASBURY HULL, Speaker of the House of Representatives. THOMAS STOCKS. President of the Senate. Assented to, Dec. 3, 1832. WILSON LUMPKIN, Governor. An Act to protect the Cherokee Indians in the peaceable and quiet possession ot the lands secured to them by the existing laws of the state, and also to secure their property and persons from illegal vio lations, and to provide for bringing to trial of the tiespassers uponthe lots orfractions ot land belong ing to the state in the Cherokee country, and pre scribing the punishment to which they shall be sub jected upon convicticn, Ac. Whereas under the provisions ofthe existing laws of I this state,the right of occupancy and peaceable and quiet possession of their lands, has been secured to the I Cherokee Indians, who still remain in this state, so; long as they continue to occupy the same ; and where- , as the unoccupied lands, which surround their present ' abod. s. are about to be granted to and settled by the i inhabitants ot this state ; and w herea« that country in a short time will be regularly organised into counties | and districts, to further the administration of public ! justice; and whereas, doubts exist that the reinnant ot Indians remaining in said Territory, may be liable i to the depredations of lawless and dissolute white i men. | He it enacted by the Senate aad House of Represent \ I tatives of the S'atc of Georgia in General Assembly met and it is hereby enacted by the authority of the same, • That ten men under the command ot a tit and qualified i officer, shall be continued in the Cherokee country. • xvho shall have full and compute power to protect : each and every Indian in his and their persons, and i also in the enjoyment of all their personal property that may be in their possession ; and it shall be the duty of said commanding officer and his guard, to prevent the intrusion, no matter by whom on any lot of land already or hereafter to be drawn, or fraction undisposed of, on which any Indian or Indians may and do actually reside and occupy, under the provi- • sions ot the land act, for the survey and disposition i ot the sud Cherokee territory, passed the twenty- I second day o* December, eighteen hundred and ’ thirty > Sec 2. And be it further enacted by the authority s ; aforesaid. That it shall be the duty of the said coni- I tnnttding officer xvitii (he said guard in u body or in; detail, to continue to examine and visit, and inspect all the aforesaid Indian’s habitations and settlements, ' and to sec that in the occupation of their lands they I are not interrupted or disturbed, and also carefully to '• protect tkeir persons from assault and abuse, as well ! as their personal property; and it shall also be the ■ dutv of said officer and those under his command, | when any trespass, or offence has been committed i against the legal rights of said Indians, and contrary i to the spirit and meaning of this act, without delay to j reinstate the said Indians in the possession of their Hands and personal property, and in these two latter ! cases as well as in cases of the abuse or injury of their i | ersons, to bind ovci the person or persons so offend ing, in a reanonable sum, with bond and security to ! answer lor such illegal conduct, at the next Superior Court that may be actually held in the county where the. offence was committed; and that it shall be the duty ofthe Solicitor-General of said Judicial Circuit to prosecute to conviction, all persons so oilendiug. j Sec. 3. Andbeil further enarled by the authority aforesaid, That the said commanding officer and ! guard aforesaid, shall be appointed by his excellency I ihe governor, with the same pay and emohunenis, as ' the. late Georgia guard lor the prelection of the gold ' region, and shall be uuiier the special direction and ' orders ofthe executive, to be discharged upon the or- I ganizalion of the said counties. j Sec. 4. Andbeil further enacted by the aulhoiily .aforesaid, That from mid after‘die ti me the Justices! i of the Inferior Courts ol the several counties which ; are laid i ff in the Cherokee territory, have been duly ! qualified, it shall be their special duty, immediately I thereafter to convene and appoint some lit and proper j person, to act as agent or guardians, to protect the < right of person and property of said Indians, say one 1 lor each comity ; and the said agent or guardian shall 1 take the following oath, before one of the said justices i to-wit; “ 1, A 13. do solemnly swear that I will justly ; ! and impartially superiutena, examine into, protect and defend, all the rights ot the Cherokee Indians re siding in the. county of both as respects the occupation ot their lands and personal properly, agreeable to the lawsot this state, and against the nn jtisi and illegal proceedings of all persons whatsoever; and that I will to the best of my ability, protect and defend the fractions belonging to the state in said county, from trespass or intrusion, so help me God ;” which agents shall receive a reasonable compensation i out of the. treasury of this stale. I And be it further enacted by the authority aforesaid, j That it shall be the bounden duty of such agents who I may find the said Indians dispossessed of the occu- I patioii of their lands or that their personal property | lias been illegally taken from them, immediately to | ■ restore the same to the Indian occupant or owner. ; | Provided ncvei theless, 'l'hat the person setting up any j claim to the aforesaid property, shall have a right to ! i appeal from said agents’decisions and actings, which ! shall be proceeded on as claims on sheriffs levies, but ’ the onus probandi shall rest on said appelant, ano the said appeal or claim, shall be tried at the next ensuing i ' Superior Court, where the offence was committed, i ! but until such decision is made, the Indian owner of ! • persona! property or Indian occupant of land shall he ! I continued in possession ; and it is hereby made the ‘ duty of said agent to guard diligently the fractions ly ! ing in the county in which he resides belonging to the i state and prosecute to conviction or acquital any per- ; I son or persons trespassing on said fractions, by ciiging gold or otherwise, according to the laws of force in | j this state. As it is of importance to the humane ami | | just character ot the state and the citizens thereof, that j I in this particular case of the ( lierokees, that no van- | l' ton, illegal or oppressive proceedings, acts or doings i . should be exercised towards them, during their rcsi- : I deuce in the aforesaid territory. I And be it further enacted by the. authority aforesaid, | That the Justices of the Interior Court. Justices ot il;e i ■ Peace, Sheriffs, Constables and all Military officer-', ! I in each ofthe several counties aforesaid, are hereby . | enjoined to see impartial justice done to said Indians, ! I and to aid in sustaining tlieirjust rights. And be it further enacted by the authority aforesaid, ! That to secure the personal property of said Indians ' any person or persons, who siiall actual!) dispossess them of it or attempt to do so ; shall be considered as ’ having been guilty of a misdemeanour, and shall be j subject to be prosecuted criminally, and the fact be- , , ing established, he will be subject to a fine of fourfold ' jibe value ofthe property so taken or attempted to be i ! taken, besides such other fine not exceeding two hun- [ jdi ed Jollars, as the said court may deem lit. i And be it further enacted by the authority aforesaid ! ! 'l’hat all persons who shall by any act. either forcibly i deprive or m an illegal mariner endeavor to deprive! any Indianor Indians of the possession or occupation ■ j ot any lot of laud on which, or any part thereof, the I ; said Indian has resided as a home, shall be snbjec t<> ! ! be indicted in the name of the state, as a misdemean- j ; our, and in violation of the laws which are in a letter , | and spirit extended to the protection of said Indians ; j I andon conviction, shall forfeit all right arid title to ' i said lot or any part thereof, and be fined in a sum not ( i less than one hundred dollars, nor more than otic ! j thousand dollars. j I And be it further enacted by the authority aforesaid. ! ! That though the oaths ot the Indians are not admitted , | in our courts of law. for the purpose of protecting I | their persons property and lands, their rights shall be ; i recognized lor these special purposes, and be eonsid ! ered as standing on the same footing with free while ‘ I citizens of the state, though all prosecutions and sen-' ! tencesbe and shall he cairied on in tin* name of the ! | state, and on the criminal side ofthe Superior Court ; I | and the laws shall be so construed as to carry the! I spirit ’And intent of this law into effect. i And be it further enacted by the nutho'ity aforesaid. That all persons who shall attempt or actually dig ! j gold on any fraction belonging to t he state, or on an, ; ! lot or lots of land belonging to the persons who have ; drawn or actually own the same, and who have m»t ' ! actually taken possession ofthe same, in the territory 1 i lately organized in the Cherokee countrv. shall be ; guilty ofa misdemeanour, and subject the offender to ! a confinement in the penitentiary for a term ofvears , not less i han four years nor more than eight years Anrf be it further enacted, 'l’hat any person who i shall be guilty of any trespass upon the premises of j ! the Indians resident aforesaid, shall be guilty ofa high ' misdemeanour, and upon conviction thereof, shall! be punished by a fine not less than one hundred dol- ‘ lars nor more than five hundred dollars, and confine- ! inent in the county jail for a term not less than three i or more than six months. And be it further enacted, That it shall not be law ful from and after this time, for any inferior court in 1 this state, whilst sitting as a Court of Ordinary 1o i grant letters of administration to any person or per ! sons on the estate either real or personal, of any de ' ceased Cherokee Indian or the decendant ofa Chero | kee Indian. ASBURY HI LL, Speaker of the. House of Representatives. THOMAS STOCK*. President of the Senate. ■ Assented to, Dec. 24, 1832. WILSON LUMPKIN Governor. An Act to provide for the call of a Convention to re duce the number of the General-Assembly of the State of Georgia, and for other purposes therein ; mentioned. Sec. 1. Rc it enacted by the Senate, and House of ] ofthe State of Georgia in General-As sembly met and it is hereby enacted by the authority of the same. That on the fust Monday in April, eighteen , hundred ami thirty-three, be and the same is hereby designated and set apart as the day on which the citi zens of Georgia, qualified to vote for members of the legislature, shall at th« several places prescribed bv Jaw lorholding such elections vote for Delegates to represent them in Convention, in number equal to their representation in both branches of the General- Assembly ; such elections to be conducted, managed and certified under the same laws as are of force in re spect to elections of members ot the General- Assem bly. Sec. 2. And be it further enacted. That it s | la || be the duty of such managers to transmit to his excellen cy the governor the result of said elections under the laws now of force for conducting, managing and cer tifying election; of niqmbers of the general-assembly i os aforesaid, svitliiti thirty days nfter such election— ' whereupon it is made the duly ot his excellency the governor to issue liis proclamation declaring the result of said elections by naming the individuals severally elected to represent the good people of Georgia in convention as contemplated by this act. Sec. 3. And be it further enacted. That every citi zen of the United Slates shall be eligible to a seat in said convention who lias attained to the age of twenty live years, and been'an inhabitant ol this state seven years immediately proceeding the day ot his election, and who shall have resided one year in the county for which he shall be elected. Bee 4. And be it further enacted. That each mem ber returned as duly elected, shall previous to taking his seat in said convention, take the following oath or alliimillion, viz : “ 1, A. B. du solemnly swear, that 1 will not attempt to add or to take from the constitu tion or attempt to change or alter any other section, clause ur article ot tin* Constitution of the State of Georgia, other than those touching the Representa- ( tion in the General-Assembly thereof; and that I; have been a citizen of this state tor the last seven ■ years, so help me God.” And any person elected to ! a scat in said Convention, uho shail retiise to take | the oath aforesaid, shall nut be allowed to take Lis i seat iu said Convention. Sec. 5. Andbeil further enacted, That the mem bers of said Convention shall assemble on the first Monday in May after their election at Milledgeville, in the Representative Chamber of tile State-House, tor the purpose of entering upon and consummating the great objects of their convention, to wit: a redus tion and tquaiization ofthe General-Assembly ; shall have power to prescribe their own rules and forms of i business, and to determine on the qualifications of ;!ieir own members; elect necessary officers and make all orders which they may deern conducive to the fuixherance of the object tor which such convcn- I : tion shall assemble. Sec. 6. And be it further enacted, That it shail be the duty ol his excellency the governor, (ogive publi-’ city to tiie alterations and amendments made in the Constitution in reterence to the direction (reduction) ofthe number of members composing the General- Assembly, and the first Monday in October next, alter the rising oisaid Convention, he shall fix on tor the. ; ratification, by the people, of such amendments, al terations or new articles, as they may make the objects of reduction and equalization ot the General- Assembly only ; and if ratified by a majority of _ the voters who vote on the question ot “ Reduction ’ or ‘•No Reduction,” then and in that event, the altera tions so by them made and ratified, shall be binding on ! the people of this state and not otherwise. Bee. 7. And be it further enacted, 'that it shall be a fundamental article in the tormaiion or amendment j ofthe Constitution, that each county of the stale now ■ organized or laid out or which may hereafter be creat ed by law. shall be. entitled to at least one representa tive in the representative branch of the General-As- , sembly. Bee. 8. Ai dbe it further cnaeled, That so soon as ; this act shall have become a law, his excellency the ! Governor be. and he is hereby requited to cause it to be published in the gazette of this state, once a week until the day fixed on by this act fortlie election of de ; legates to said convention ; and that all laws and parts of laws militating vgainst this act be, and the i same are hereby repealed. ASBURY HULL, I Speaker cf the. House of Representatives. I THOMAS STOCKS, President of the Senate. Assented to, Dec 24. 1832. WIk.BON LUMPKIN, Governor. PWOSPECTVS” <»F THE CHOIICSJA MEDICAL REPORTER. BY JOHN G. SLAFPY', M. D. ; • It hat ice should seek in the Sciences is truth, and truth is in the fids.” —Broussais. ' O' * s now tnol ' e 'han six years since I first con- 1 iJI ceived the idea ot publishing periodically the I I above work tor the following reasons, which are ob- ; I viousand striking: There being no publication of the I ; kind in the State ; and, for ought I know, throughout j i tlie wlioie Southern States; we are compelled, con- ' I sequently, to look to the North, and through her to j i Europe, tor every thing new, rare, and interesting in ’ | the science. It would seem peculiary appropriate l just at the present time, when the most awful visita j (ion is hovering over the land—the Asiatic Cholera, i It has already swept across a great extent < f North America ; from Montieal and (Quebec to New ()r- ‘ leans ; visiting almost every city and town of any >m ! portance in tlie Northern Middle and Western States. ; 1 here is left no reasonable ground to justify the con- I elusion, that our highly favoured section ol country, can much longer escape the impending evil. Besides, i Lave we no disease or modification of disease, inci ; dent and peculiar to our climate, and remedies native i ot our country ? I Medicine had its origin, in necessity: in motives of j , benevolence and philanthropy—in a disposition to I I mitigate tnc evils—to ameliorate the condition o. suf- I sering human nature to Imine fell disrase— the greatest 1 curse inflicted on fallen man—and bestow’ on him ' I Health, the chiefest blessing, saving the atoning blood I 1 ot our Saviour. Our mm h lamented Rush said.‘‘while I ; die world, from the progressot intellectual, moral, ! and political truth, is becoming a more safe and agree- I i able abode tor man. the votaries of Medicine should j not be idle.” The American J.iiniaeus, the late ven- ■ erabie Benj. S. Bartoll said, •‘he who discovers one i valuable new Medicine, isatnore important benefac- j tor ot liis species than Alexander, Cesar, Bonaparte. ;or an hundred other conquerors. Even Lis glorv, ' I in the estimation ol a truly civilized age, a ill be great-j ■ er and iron: lasting, than that of these admired ravag- ers of the woild.” ° ! VV hut is tlie condition of our department of science 1 in Georgia ? Indeed and in truth, our Medical lore is ! ; lurking tar tiehind (comparatively speaking) the active I improvements ofthe day—tJie spirit ol the times ad- ' j monishing us to look forward, w ith an nnrivited gaze. I upon the advance of man and the “march of mind.” j ; i'hcre is medical talent in Georgia, and yet she is al most without professional character ; because she has not enterprise, industry and energy. There is mani j testly but little written on medicine in our S’ate; med ical reading too, is not pursued with avidity, less stud ied, properly understood and regarded. Let us turn our attention to tin* constant and inde fatigable efforts of many American teachers ; but es pecially to the late W'orks of our own countryman, professor Jackson ot Philadelphia. He inculcates principles upon the unerring guide ot genuine and in- i ductive philosophy , he declaims against authority; i and boldly asserts the non-existence of a specific gas- * trie juice. I.nd advocates other certainties, as impur- i taut io physiology and truth. The recent splendid discoveries of Abercrombie of ! Scotland, of Abernethy, Lawrence, Cliitterbuck, < 'J'eale, <.tc. <scc. ot England, are their everlasting mon- J j utni nts. Germany is likewise moving on But above I alt, stand the sons ot France, and of true medical phi losophy, Andral Broussais, Baron Larry, Pinel Laen nec and others; these moderns of the moderns, have " holly uprooted the old and ancient systems of rou tine medicine :—they have sought, however, not so much to overthrow former systems founded in trror. a- they have to discover truth, and the real etiology of disease, i Ley have not only succeeded m removing ; the rubbish, but in establishing medicine on a surer j and firmer foundation, and giving to it the line of I match ouwardto perfection. i It would be uncandid, and it is not to be denied or j concealed, that the doctrines ofthe French school. 1 and particularly those of the deservedly renowned | and immortal reformer Broussais, will be held and j maintained in this Gazette We regard them (and j t hey are unit ersally admitted) as containing the purest j and most substantial of the great fundamental truths ol physiological medicine. They aie founded in data: ' the dissecting knife has been made to reveal and de velope from pathological anatomy, principles of a fixed character. They will be as enduring as time, and as solid ns adamant. Principles involved in cause and effect, that were heretofore considered mysteries inexplica- ble, are now known and established facts. In the mind of Broussais, positive philosophy has sought and found coutessedly a regenerating and redeeming spirit. - We come not without diffidence, presenting our humble offering, feeble and retired as it is, to contrib j ute our mite at tlie altar ot professional science: if we can but give a zest to the young mind, an inclination and direction to medical inquiry, it is all we hope and expect; it is the “ne plus ultra” of our wishes Some ot the best talent of the State is engaged to assist and to contribute in the work, and we confi dently expect to be able to concentrate and combine such a fund of foreign and domestic intelligence in our journal, as to make it acceptable, if not agreeable almost any where. Selections and Extracts will be made from the follow ing Periodicals; and all new works as they come out: AMERICAN. American Journal ofthe Medical Science. New' York Medical and Physical Journal. ! North American Medical and Surgical Journal. ; Western Journal ol the Medical and Physical Sci i ences. ! Transylvanian Journal of the Medicine and Asso i ciate Societies. ENGLISH WORKS. The Medico-Cliirurgical Review. Edinburgh Medical and Surgical Journal. Loudon Medical and Physical Journal. London Medical and Surgical Journal. Loudon Medical 'Gazetle. FRENCH. Archives Generales de Medicine. Amales de la Medicine Physioloquique. Transactions Medicales Revue Medicale Francais et Etrangere. Bulletin des Sciences Medicales. j Journal General de Medicine de Chirurgie et do Pharrnacie Francais et Etrangires, &c. I The co-operation of professional gentlemen every where is earnestly desired. Original communications and essays w ell written, and cases reported accurately amt scientifically, in the practice of medicine, surgery and obstetrics, are solicited. Thework will be issued from the press in Macon, in an octavo pamphlet form, J comprising some 150 pages, once in two months, to commence on the first of January, or as soon as a suffi cient number of subscribers are obtained to authorize ' the undertaking, at four dollars per annum. i The following medical gentlemen, W'ith several nth j ersoi high standing in the profession, wiil be contrib* utors to the work Dr. Anthony of Augusta, Dr. Gor man ot Milledgeville, Drs Baber and Persons of Ma» con, Drs. Boykin, Fort and White of Milledgeville, Dr. Philips ol Powelton, Dr. Gorman of Forsyth, Dr. Reese- of Monticello, Dr. Garvin of Waynesbarotigh, Dr. Haynes of Sparta, Dr. Iloxey of Eatonton, Dr. Jones of Augusta, Dr. Jones of Randolph. He who undertakes t'ie publication of a Journal, ; for the promotion of useful knowledge, I am perfectly j aware, at once assumesa high prerogative and heavy i responsibility. I anticipate and already feel the 1 weight of selfish opposition and the shafts of rigid cm* ■ icism; these however are not to be dreaded ifregar led, when conducted in a spirit of high minded and i honorable inquiry ; with a pure intention ; with an eye j fixed singly upon simple truth and virtuous candour; I is to subserve the cause of humanity and benevo lence, is at least the ulterior if not the primary motivQ of this enterprise. With this declaration, being fully convinced and thoroughly persuaded of (he propriety, usefulness and absolute necessity of such a work as the present con templated one, 1 no longer hesitate, I vacillate, no more nor waver again ; let the consequences fall with deso* [ lalion on my head ; let my fate, be what it may, and discomfiture come when it will, I resolve to step for j ward to lhe fulfilment of my object, to the perform* ! mice of tn/ work, and the arduous duties of which it necessarily imposes. Itrust however, with a due sense , of modesty, yea with “fear and trembling,” and yet ; with the spirit ofa man—respectingall men’s opinions i as I respect my own— extending to others the same i rights and pt ivileges that I claim and reserve to my j self. J. G. 8. Gentlemen, who may feel disposed to patronise ! this enterprise, novel as it is, are desired to address i us at Tarversville, Twiggs county, Georgia, our place ! ol residence. November 29,1832. ECHOTA HALL, MURRAY COUNTY Georgia. The subscriber has opened a HOUSE OF L'X TER TA INMEN T, At the village ot New-Echota in Murray county, wliej-e he flatters himself from the unremitted attention * of himself and brother, to be able to give general satis- > j faction to ail his friends who may favor linn with their patronage. His Table will tie furnished with the Lest I the country can afford. His Stables will be well sup* i plied with Provender and underthe care of an attend tive Ostler. No pains will be spared or expense I avoided that wil I conduce to the convenience of those , that may visit his House; and his charges will be ac | commodated to the times. A few constant Borders , will tjejaken. This Establishment is airy and pleas ant. The subscriber will, also, be able to give LAND j examiners, in the Cherokee territory, information in I relation to value and quality, in the most valuable parts of the territory, as well as directions to them. 1 rom the situation ot I chota, being immediately on I the road from lhe western parts of Georgia to East and West Tennessee, situated at the head of Oostonolln River and junction of Coosa wattee and Ccnnasaugn Rivers, at which place there is the only ferry on said rivers this must be lhe crossing place for al) travellers to the westward. Ilisllouse is the first on the Road south ot M’Coy’s Ferry. Archibald Slone. feb IG—l ENTERTAINMENT. The subscriber respectfully informs all w ho may draw LAND in lhe Gold or Laud , LOTTERIES. That he has made arrangements fur the ACCOMMOPATION Ofsuch as may favor him with a CALL He will give any information in his power, to persons exploring the country, especially the SINES, GOLD MINES ; As his Stand is within a few miles of said Mines and on the Road from Warsaw to Cherokee court-house. / He would, also observe, that he expects ia a short time, to be furnished With a General MA P of this COUNTR V. There is a Post-Office kept at his House Where the MAIL Arrives every Saturday by II o’clock a. m. Bunging Milledgeville papers up to Thursday, pve.ceeding. He has nowon hand, and intends keeping u GOOD SUPPLY GF ARTICLES Generally used in Gold Mines. W here persons can, at nil times, be supplied with an assortment ol DRY GOODS AND GROCERIES, Ail of which are offered on the most liberal terms. ’ Eli M’Coiinell. Ilitkory plat, Chtro’.Ct county — fe‘ IG*-1