Newspaper Page Text
“ The ferment of a free, is preferable to the torpor of a despotic, Government.”
VOL. I.
ATHENS, GEORGIA, NOVEMBER 17, 1882.
NO. 35.
Thc Southern Btllinei*, 1 l' a! 'l ,; ,0 all the frailties and weaknesses of erring
«S pum.ISlIEI) IN THE TOWN OF ATHENS,
GEORGIA. EVERY SATURDAY,
BY ilLBOY CHYME.
TenMS.—Three dollars per year, payable in advance,
or Four dollars if delayed to the end ofthe year. The
latter amount will be ngi lly exacted of all who fail to
meet their payments in advance.
No aubscription received for less than one year, un
less the money is paid in advance; and no paper will
be discontinued until ill urrearaers are paid, except at
the option of the publisher. A failure on the part of
subscribers to notify ns of their intention of relinquish
ment, accompanied with the amount due, will be^con
sidered as equivalent to a new engagement
•per* sent accordingly
and pa*
AnvF.RTisEMBKTs willbe inserted at the usual rates.
tc3*Al| Letters to the Editor on matters connected
with the establishment, must be post paid in order to
accure attention. ...
iCj** Notice of the sale of Land and Negroes by Ad-
ministrators, Executors, or Guardians, inuat be publish
ed jir/u days previous to Ihe day of sale.
The .ale of Personal Properly, in like manner, must
be published forty days previous to the day of sale.
Notice to debtors and creditors of an estate must be
published forty days.
Notice that Application will bo made to the Court it
Ordinary for Leave to soli Land or Negroes, must be
published/ttr months. ,
Notice that Application will be made Tor Letters ot
Administration, must bn published tAirly days, and for
■Letters of Dismission, six months.
A Cv R N T 8.
Thomas B. Cooper, Esq Clarktsvilte, Habersham Co.
Grorof. Hawse, El, GainesviUc. Hall Co
AVn.UAM Cowam, Esq Jefferson, Jackson Co.
William Meroset, Esq. Uanielsville, Madison Co.
Mat. I. Williams. Esq LawreneeviUe. Gwinnett Co.
has
The land fund sot a part by the Legislature, to pervade the community to shield culprits ' present year thirteen volunteer companies
s been found insufficient to pay, even the le- front the infliction of the sanguinary punish- tvliich have he n furnished with arms from our
Shortly after the adjournment of the I.cgis- gal expenses of surveying the public lands moots o ’our present criminal code; and hence Arsenals. It will be seen from the Reports of
lature in December last, I communicated direct- Nothing therefore remained to discharge the it is, that frequent applications ore made to the the Military Store keepers, that our present
ly to tho President of the United States, the various expenses, necessarily incident to the Executive to grant reprtves; and remit the sen- j supply ot urtus is so greatly diminished that
views of this State as manifested by her legisla- preparation for carrying tho Lott, ry laws into fences o'the Courts. Imprisonment in the Volunteer companies cannot continue to re-
tion,on the subject ofour unoccupied lands lying effect. The Legislative will perceive the necessi- county Jails, being a common punishment in- ceive supplies, unless provision be made for that
in Cherokee county: and atthe same time frank- ty of providing, at an early day, for the payment dieted on the violators ofour present criminal purpose.
ly communicated to him my views, especially I of all arrearages, and other expenses appertain- laws, is found to be expensive, and in many eu- | The framers of our State Constitution were
as to the necessity and importance of an atime-! ing to this business, it is the more urgent, scs, burthensome to the counties; which tends not unmindful of the important subject of edu-
diate survey, and perhaps occupancy of these that it should bo done wilhont delay, from the to encourage applications for pardons, even cation. They considered the cultivation of tho
lands. The president has manifested equal consideration, that many needy persons have ! where there is nothing to extenuate the guilt of arts and sciences indispensable to the postcr-
solicitude with ourselves, to effect an amicable already performed much ustful labor for the the offender. ity of u free people, and we therefore find tie
and satisfactory adjustment of our territorial public, who have not yet received any coinpcn* | After the most mature reflection, I cannot most imperative language used in that instru-
cniharrassments. He has proposed to the j sution. f hesitate in arriving at the conclusion, that 1’cni-j mciit, to impress the Legislature with a sense
While on this subject, it may not he improper tentinry confinement is, by fur Ihe most econo- ' of its duty, m sustaining tiie cause of education,
to r;mark, that the Executive has not only been mical mode of punishment for crime; and from j Tho history ofthe legislation of Georgia will
embarrassed on account of the inadequacy of the operations of the present year, I incline to show that attention tu this subject, has not bent
til An..,l«itt slid. . f lli,. ,i...-1 ,i. .i ...n.n m d. M.........1 I _ A * _ / A I* • , I ■ ft ft • • _
Cherokee, people terms of the most liberal
character, with a view to induce them to emi
grate to the West, and thereby to enable him to
effect the great object of his solicitude, in per- the Land fund: but from the improvidence of
GOVERNOR’S MESSAGE
Executive Depahtment, Ga, I
Milledgcvillt, 6til November, 1832. f
Fellow Citizens—When we take a survey
ofthe events of tho closing year, it produces
mingled emotions of pleasure and pain. Our
actual condition and enjoyments as a people
arising from ftiimatc, soil, and good government
when compared with other portions ofthe world,
admonish us to admire and adore the Divine
Author ofour multiplied blessings. Nothing
has transpired to lessen our attachment, or
diminish our confidence in the good system
of government under which wo live : w.
should therefore cherish an increased zeti.
and an abiding hope lor tho perpetuation of
our freo and happy institutions. Tho truths
of history do not authorize the belief, that w - .
are to enjoy tho inestimable blessings of li
berty and free government, founded on prin
ciples of equal rights, without vigilance an
constant exorlion on tho part of tho psopla, >«•!>.,
arc the only legitimate sourco of governmental
power.
Our conflicts with federal usurpation are not
yet at an end • tho ovcius ofthe past year have
afforded us now onus' - 1 island dissatis
faction. Contrary t< - t - . t .1 ,.it::nud opinions,
and just expectations of the people of this, and
every other State in the Union,a majority ofthe
Judges of tho Supreme Court of the United
States, have not anly assumed jurisdiction in the
cases of Worcester and Butler, hut hnvc by
their decision attempted to overthrow that es- dors, there is much cause of sincere gratifica-
manently benefiting that unfortunate and delu
ded race—and at the same time to fulfil the long
delayed obligations ofthe United States’govern
ment to Georgia, entered into by the compact
of 18C2.
Notwithstanding the extraordinary liberality
of the propositions submitted to the Cherokees,
and Ihe kind spirit in which they were present
ed the enemies ofthe President and of Geor
gia, have so far succeeded, as to prevent any
satisfactory arrangemedt or Treaty with them ;
and their reply to those liberal propositions
evinces a most arrogant and uncompromsing
spirit.
Every day’s experience has afforded new
evidence of tho uttcrimpracticnbility and impoli
cy at attempting any longer to maintain our
laws and government aver the Cherokee part of
Georgia, without an increased and better popu
lation. Every effort has been made by the
Executive to maintain the inviolability of the
laws of the State in Cherokee county; but
these efforts have not been attended with the
desired success, uur laws have been repeatedly
violated,and for the want of that moral force,
which pervades counties inhabited by a more
denso enlightened, and viituous population, the
transgressors have sometimes escaped meriie !
■mnishment. Our scattered population of good
liaracter, who now inhabit this county, have
■ften found themselves destitute of security
Vom the depredations of dishonest men; and
■vhen they have sought protection from the laws
if the land, they have often found those laws
evaded and perverted, by combinations of such
liaracters aided by the advice and counsel of
those, whose enlarged acquirements should
have directed their influence in aid of the cause
of justice, and the supremacy of tho laws. Le
gal and pettifoging subtilities, in this county,
seem measurably to have triumphed over equi
ty and a fair administration ofthe law.
Not only the Supremo Cuurt of the United
States, hut the Superior, and oven the Inferior
Courts of our own State, have so tar aided over
turning our laws and the policy of our State
government, as to declare them unconstitutional
and order the discharge of prisoners arrested and
confined under their provisions. Nevertheless,
amidst all these irregularities, strifes and diso
sential jurisdiction of the State, in criminal ca- j tion, that the events of the year huve produ-.-
ses, which has been vested by our Constitution cd nothing more seriously injurous 11 the inter
in tho Superior Courts of our own Hate. In
conformity with their decision, n mandate was
issued, directed to our court, ordering n reversal
ofthe decree under which those persons are
imprisoned, thereby attempting and intending to
prostrate tho sovereignty of this State in tho ex
ercise of its constitutional, criminal jurisdiction.
These extraordinary proceedings ofthe Supreme
Court, have not been submitted to me officially,
nor have they been brought before me in any
manner, Avhich called for my oflieiul action. I
havo however been prepared tu meet this usur
pation of Federal power, with the most prompt
and determined resistance, in whatever form its
enforcement might havo been attempted, by any
Branch of the Federal Government. It has
afforded me great satisfaction to mid, that our
whole people, as with the voice of one man,
have manifested a calm but firm and determin
ed resolution to sustain the authorities and sove
reignty of their Slate against this unjust and
unconstitutional encroachment of the Federal
Judiciary. The ingenuity of matt might be
challenged to show a single sentence in the Con
stitution of the United Slates, giving power,
either direct or implied, to tho General Govern
ment, or any of its Departments, to nullify the
laws of a state, enacted for the government of
its own population, or coerce obedience, by
force to the mandates of tho Judiciary of the
Union. On tho contrary the Journals and pro
ceedings of the Convention that framed the
Federal Constitution, abundantly evince, that
various attempts were made to effect that ob
ject, all of which were rejected. This proves
that the States of this Union, never did, ntul
never will permit their political rights to be sus
pended upon the breath of the Agents or Trus
tees to whom they have delegated limited pow
ers, to perform certain definite ucts. I how-
.ever deem it unnecesssary for me at litis time,
to animadvert on this decision ot the Su
premo Court. Its fallacy, ils inconsistency
with former decisions, and its obvious tendency
to intermeddle with tho political rights of the
States and to change our Federal System into
one consolidated mass, has been so often expos
ed by the most able Jurists and Statesmen, that
a large majority of the people of this union
are confirmed in the conviction of the fallibili
ty, infirmities and errors of tliis supremo tribu
nal—This branch of the General Government
must henceforth stand, where it always ought
to have stood, in public estimation as being
ests anil character of the State.
The Survey of the county of Cherokee in
conformity with, and under the provision,
ofthe several ucts ofthe Legislature, has been
completed without any .serious obstacle or dil-
lieulty ; anil in tho exercise of that discretion
confided to me by law, I have not hesitated to
move forward in that direct line, which I deem
ed best calculated to ensure a speedy settle
ment of the unoccupied lands in Cherokee
county. Acccordingly, in due time, the Justi
ces ofthe Inferior courts of the several coun
ties were notified and required to execute the
duties devolving on them, in regard to receiving
and returning the names of persons entitled to
draws in the lotteries; which having been ac
the last Legislature, in providing the means at
the Treasury, to meet their several appropria
tions. The appropriations for the past political
year, greatly exceeded the available means at
tho Treasury. This omission ofthe Legisla
ture, was discovered at an catly day tiller the
adjournment of their last annual Session; and
after due consideration, it was determined to
endeavor to sustain the operations of the Gov
ernment by other means than that of an l.xtra
Session ofthe Legislature. I therefore applied
to the Directors ofthe Central Br.nk, laid be
fore them the situation in which the Executive
was placed, and desired to be inform'd how fur
that institution could, consistently with its char
ter, accomodate the Government. The Direc
tors, without hesitancy, manifested every dis
position to grant any accommodations, which
might be legally extended. And by an ur-
arrnngemcnt, agreed upon, the Bank has taken
up, and paid off the Executive Warrants, when
ever the men is to meet them were not found nt
the Treasury; which warrants havo been taken
up by the Treasurer, as fast as the means Avcrc
received at that Department. Thus, through
the agency of tho Bank, I have been en
abled, so fur to meet the appropriations of the
Legislature, as to avoid the deprecated necessi
ty of convening an extra Session. But doubts
being entertained, as to the competency of the
Bank to meet the entire demands authorized
by the Legislature, I havo therefore been placed
under tho necessity of discriminating between
appropriations made for the indispensable op
erations of the Government, and minor and in
dividual interests. The Report ol the Direc
tors of the Central Bank, which accompanies
this Message, will exhibit the extent of the ac
commodation which has been granted to this
Department. From this statement tho Legisla
ture will be able to ascertain the extent of the
deficit, which has accrued at the Treasury, to
meet tho Executive W arrants which hu\’c been
drawn on the several appropriations for the cur
rent year. Whatever legislation maybe neces
sary to remedy the omissions of the In.-1 ses
sion, upon these several subjects, commends it
self to your immediate attention.
The uet of thu last legislature, aliolishng the
Penitentiary System in tliis State, in connection
with the facts, of the institution being embar
rassed with debt, almost destitute of materials
to carry on the different branches of manufac
ture, and the interior buildings and work-shops
being in an unfinished and unsuitable condition,
o aid the important objects of good government
and useful business—all combined to impress
open tho present Managers of tho institution, a
spirit of despondency. Nevertheless I am high-
y gratified to have it in my power, to present to
the Legislature, demunstrative evidence of the
spirit and ability, with which the institution has
been managed during Ihe present year. It will bo
seen by thu Reports of the inspectors herewith
transmitted, that the labor of the convicts will
more than defray the ordinary and current ex
penses ofthe yeur. The internal police of the
institution, has been such, as to prevent escapes,
secure the health and comfort of the Convicts,
the opinion, that if tho system were reinstated, 1 wanting.—Our Statue Books exhibot a moss of
and appropriately patronized by the Legislature, legislation and expenditure upon the subject of
it would be certain to defray its expenses, and education, that has scarcely been surpassed by
perhaps at a day not far distant, become a source any ofour sister States. But upon a review of
of profit and incume to tho State. Should the the whale subject, it must be udmitted, that tl.o
Legislature determine ta revive the systom,a due advantages derived by the peoplo of Georgia,
regard to the reformation ofthe Convicts, and have not been commensurate with the labor and
profitable management of the institution, will : expense.
require u furthe r improvement of the interior j The present prospect- oYur University afford
buildings and woikshops, nn l a more umple just encouragement, to the (riends of the arts
supply of various materials for fabrication. The and sciences, to continue to foster nnd patronize
necessary appropriation to accomplish theseob- that institution. The prosperity ofour CYUego
jects, under proper management, could not fiiil, is so closely identified with tho character and iti-
eventua’ly, to be n measure of economy and tcrestof the Stnte, that under proper management
saving to the State. it cannot fail to become u favorite institution with
Tho sure defence and fortress of liberty, is | the community, and receive a liberal suppott
the Militia—the citizen soldier. But in no fi-om our whole people.
country can it he reasonably expected, that eve-1 Oar Academic and Poor Schooll Sytcms, rro
ry citizen should lie trained and ready for the 1 admitted to bo defective, und by no means sntin-
aetive duties of a soldier in the tented field. The factory to the community. In view of these de-
governmenl, relying ns it docs, on tho Militia j tecta, the legislature, nt their last session ndopt-
fbr defence in time of danger, should unqiti s cd a resolution directing a compilation of u!l
tionnhly have some organization, whereby it. our Academic 11ml freo school laws now in
might not only know its strength, but have, at fort e; and also to authorize the Governor to
ready command, the power tu concentrate an appoint three suitable persons to form aaystim
efficient portion of its martial force, at a short of Academic nnd Free School instate tion,to In
.yarning—which, in any emergency, might serve ns nearly uniform as practicable, throughout tho
as a rallying point for the great body of its Mila- Slate, und report to the present Legislature.
The Compilation, sa nuthoiizod, has been pi t -
pared and published by John A. Cuthbert Esq.
ording to law, and the tickets having been ] nnd ut tho same time, it is believed, that in many
prepared, the Lottery Commissioners were j instances, reformation has been effected, and in
convened and commenced the preparatory nr- some, that it will prove to he permanent. As
rangements for tho drawing; which was com- far the means of the institution would justify, a
inenced on the 22d October last, and is now in
progress, under their superintendence.
I deem it unnecessary at this time to enter
upon an enlarged vindication ofthe policy which
has been pursued by the authorities of Georgia
on this subject. Suffice it to say, that I have,
daily, increased evidence that our policy has
been founded in wisdom, justice and true be
nevolence, and will, ere long, terminate in the
preservation of a remnant of these unfortunate
Indians; nnd our State will he relieved from the
libels and embarrassments of a thirty-years con
troversy.
It now becomes my duty to call the serious
and deliherat' 1 attention of the Legislature, to
the subject of the present condition ofthe Clier-
okees, who remain within our State. By our
existing laws their homes nnd improvements
are secured to them, so long as they may
choose to r Main thereon : hut these laws are
fiv no means adapted to the security of their
persons and property Therefore special and
appropriate legislation, is must earnestly re
commended ; whereby these objects will he se-
proper forecast hns been directed to the procur
ing of an ample supply of timber and other ma
terials for manufacture; hut the appropriations
af the last Legislature were nearly exhausted at
once, in the payment of debts ngainst the insti
tution contr cted in 1831, for building, and va
rious articles of supply.
The outstanding debts dun to tho Penitentia
ry, is a subject which deserves special attention.
Between lilteen and twenty thousand dollars at
unavailable debts npprnr to bo due to the insti
tution ; most of which were contracted previous
to the year 1829. A portion of these debts has
been placed in the hands of Altornies for collec
tion , all of whom have not yet accounted satis
factorily for tile amount thus placed in their
hands. I herewith submit to the Legislature a
document, exhibiting all the information I have
been able to collect on this subject. At present
it is believed, that the fiscal transactions of the
institution, are conducted with system skill and
prudence; which will hereafter prevent any ma
terial loss, if the present regulations are contin
ued. The books and accounts are k"pt with
sured to them, and their rights be as effectually! great accuracy, and credits are extended with
chieldcd from violation, as those of the white i that caution,which will,in future, prevent the ac-
tnan. It is due to the character of the State, cu illation ofhad debts,
that this dependent people should be protected I From the indication* of public opinion, it is
by laws as liberal as may be consistent with their believed, th it the abolition of the Penitentiary
moral nnd intellectual condition. To afford ( System, lias not received tho approbation of the
them such protection, and to extend to them majority of the people; and I feel assured that
suitable privileges, without endangering the' tho experience of one year, under our present
rights ofour own citizens, will require the most. code, has strengthened public opinion in favor
rarei’ul deliberation anil prudent forecast. I ofthe Institution. A general disposition seems
tin. It is not within the range ofour Stale gov
ernment to keep up n standing Army; nor is it
compatible with our views nnd policy. Never
theless, it is believed, that voluntary associations
af active and patriotic citizens, organized under
legal sanction and encouragement, might afford
to every section ofour State, a rallying point,
in case of sudden alarm from any quarter, for
eign or domestic.
Tno few returns which have been made to
ties Department from Division nnd Brigade In
spectors, and various other sources of informa
tion, enn leave no doubt ofthe Inrt, flint our pre
sent Militia system has sunk under the imper
fections of its own strueturc und orgunizution,
nnd unless renovated by legislation, may lie
considered ns nearly extinct. Under these cir
cumstances, it becomes hi hly necessary that
the Legislature should take this important sub
ject into serious consideration, and provide by
law some plan of organization, in lieu of that
which has practically become obsolete. As the
distribution of the public arms under the luw <1!
the United .Slates, lor arming and equipping th.
Militia, is mude among the States according to
the relative strength of the Militia, it is a mallei
of interest to obtain accurate returns ofthe fori 0
ofthe State—and Ihe disorganization of our sys
tem is such, as to render it impossible to ascer
tain the entire strength of the Militia of th
State. I consider it highly important, that the
effective strength of the Militia, should ut a!
times be known—that there should he nt least
one company of well trained volunteer*, in eat I
county in the Slat., and in the populous route
ties, perhaps more—that provision should be
mndo for arming und training all such voluntcei
companies, and that they should, at all times,
hold themselves in readiness to obey the call-
of their country in case of alarm or danger—nnd
further, that provision should be made for en
larging such volunteer force, whenever the situ
ation of the country may demand it. But past
experience has demonstrated, that if these views
should be adopted, it will he indispensably ne
cessary to make ample provision far the preser
vation, safe keeping and due return ofthe public
arms when called for. Unless this object cun
he effected, it will be worse than useless, to at
tempt to carry into effect, the plan now suggest
ed. I have ascertained that most of the public
arms, which have been drawn from our Arsenals,
for volunteer and other service, stn-e the year
1812, may be considered as lost to the State;
and (hose which are not entirely lost, tire chiefly
in a ruinous condition. In many instances I
ind bonds on file in this Department, lor the
safe keeping and return of the arms, thus distri
buted, when called for; but in most cases, the
makers of these bonds, it is presumed, arc now-
lead, removed or insolvent, nnd the companies
lisse.lved. Since I entered upon the duties of I education, organized nnd patronized in lieu
this office, I have received vnriou* conin,unit e- ' thereof I have examined with rare, and re-
lions, from highly respectable individuals, some , fleeted much upon the System* of Conmtcn
written, but mostly verbal, informing me of arnuvj School education, adopted by the dilfernit
and accoutrements being in their respective States in the Union, ami masked the varied fu •
neighborhoods in a situation to be lost for want cess of each and although the experiments o
of care. In several rases where I have attempt- other States, may allbrd much light to dir. t
cd investigations, I havo not been able to find a nur course, yet I am fully convinced, that, t
responsible individual; and without legislative ensure success in cur cunumminit/, we .hull
provision, I am at a loss how to proceed, so us find it necessary to adopt a plan, which shall be
to save ‘.bis public property from entire loss.— based upon the actual condition ot our own pi n 1
The arms thus scettercd over the country, ns illation, and not flatter ourselves, with the 'idr a
well as many in the Arsenal at this place, will of success, by merely following the footstep:
never be of uny public value, unless provision 1 1 ' '• • ■
is made for collecting, cleaning, and repairing
them.
It mav be proper to state, that un h r tho pro
visions of a joint resolution of tho last Legis
lature, there have been organized di ring the
under Executive appointment; and is cxecuti d
with the characteristic accuracy and ability of
tliut gentleman. But I have to express my re
gret, that 1 have not been uble to meet the ex
pectation of the Legislature in having submit
ted to them, a system of Acndcmic nnd free
school education, ns authorized by tho Resolu
tion referred to. At an early duy after tho iid-
jouriunent ofthe lust Legislature, my attention
wus directed to this subject, nnd a correspon
dence was opened with several individuals of thin
State, who had manifested considerable interest
in advancing the cause of general education.—
Hut muting those, who were believed to posn t.r
eminent qualification for this important undi r-
tall ing, none could l e induced to engage 'n the
arduous and respo silile labors ccntenipluteu by
tire- Resolution of the Legislature. To perforin
this work to the satisfaction of t! e Lcgislatu <,
mid to meet the public expectation, in point of
utility, it wo* believed, that qualification* of a
litermy character, should he umbitud with nn
extensive acquaintance with the feelings, habits
and inleiests ofour diversified populate n. Tho
pcculinr situation of this -State—thu habits ami
leclings ofthe people—the sparseness of our po
pulation in ntuny sections—the wont of fixed m.d
pernmtu nt school di-tiiol-, l y known, «. d well
lelined boundaries—ami various other conside
rations—must be taken into view, in framing a
successful Common School System.
The Legislature of Georgia, at an early peri
od of its bistre y, with n spirit that deserves coin-
nieudiitioii, mude liberal provision for the en
dowment of on academy in each county in tho
NMe: the application of whichlinsbeenlefttotho
Trustee* of the several county Academies ;
consequently, there has been no uniformity, or
general plan of operation ; nn systematic adop
tion of measures, which were calculated to ei.«
sure success, alike to all. Notwithstanding tl o
neglect of which many Trusters may hnvc bf 1 n
unity, it must be admitted, that great good I ra
resulted to the community, from the endowmet t
of these county Seminaries. The benefits hare
been mostly (bit in the immediate vicinity of
these institutions, but in some instances, hai«
been diffused more or less throughout the coun
ties.
Our surefss in the application ofthe fund set
apart for the education of poor children line,
like our Academic fund, been beneficial inlhcro
counties where it hus been well mat.aged end
prudently applied, whilo in others there is ju-t
cause for complaint. It is believed that mir
Academic and Foot School funds, might be lu t-
tcr applied to purposes of usc'id education, if
our present imperfect system were wholly
abolished, and a system of Common School
of others, whose habits nnd modes of thinkirg
are so very different front nur own. The Stuns
of New York, as well as the New England
States, which have succeeded best in diffusing
the blessings of education to their whole ,...(>
pic, have all maintained the right and duty of
