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Southern banner. (Athens, Ga.) 1832-1872, November 17, 1832, Image 1

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“ 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