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GOVERNOR’S M ESS AG E. ExKCUTIvr, DEPARTMENT, G.v. ? • Milledgcville, .\uv. 8, 1836. Fellow Citizens of the Senate and House of Ilcprcsentalircs ; Since (he adjournment of the last ses sion of the General Assembly, events of an extraordinary character have addres sed themselves to the sympathy and courage of Georgia, and I am proud to say, that the appeal has been answered with a promptness and zeal worthy of her pride and patriotism. Information having reached the Exe cutive early in the month of January, by a communication from Governor Eaton, that the Seminole Indians had raised the war-whoop in Florida, & were perpetra ting its concomitant deeds of horror, and the emergency being deemed 100 impe rious to await the distant action of the General Government, a call was forth with made for volunteers to aid our suf fering countrymen to repel the bold and barbarous invaders—and to provide a gainst contingencies, a draught of three thousand five huudredhncn was required. But, to the honor of Georgia, volunteers stood forth • mi the sea board to the mountains i . numbers fur beyond the exigency, and with an eagerness evinc ing, that though “the days of chivalry arc past,” its spirit has not departed. As all could not he accepted, and no selection could be made for merit where all were equal in zeal, the contemplated succour was confided to those who had the fortune to Se foremost in time. Before the no-.cssary preparations were completed, Major General Scott of the Army, charged *vith (he impending cam paign, made a requisition on Georgia for two regiments, one of infantry and one of mounted men. Os the first, five volun teer companies, viz; the Morgan Han . gers—the I’qt *>m Fcnciblcs—the Han cock Hines- ‘♦Lj’Macon Volunteers and • he’ Monr-■ w T?uskc(ecrs, assembled at Macon am s ere organized into a bat talion under the command of Major Mark ’ . Cooper, an officer of their own choi, ,it being deemed projicr, in the absence of positive law to the contrary, to sutler volunteers in the service of their country, to el« t their own com mander. On the seventh day >f February this battalion tmbarked on boils prepared for the hm, with orders to pro ceed to Picc and report to Major Gen. Scott, or to such oilier officer of the United States Army of superior rank to Major Cooler, as should bo in command at that ]K>st« Besides • this battalion, there were (wo volunteer companies from Augusta—the Richmond Bines and Richmond Hussars—which embark ed at that city on board a steamboat for Vicolata. The second battalion- of in fantry was in progress of organization from the coiHjiics of Coweta, Carroll, UainpbtJL jjfVivctle and DeKjlb, and was iiitcmlmr- * Conveyed in steamboats from Cc us to Tampa Bay; but be fore (be companies took vp the line of march, despatches were received by ex press from General Scott, requesting that they should not proceed to Florida. Os the mounted regiment, one battal ion, composed of the Washington Troop —(he Hancock Troop—the Jefferson •sa’stiO _(he Baldwin County timtMllWWWftt'Tr *tir«riertjje, *'•»“ '--.rfalry, about this ’Houston Cavalry, was ordered to forth, s«wto Dublin, and elect Major to j'o command them : hut, owing to the non * nival ol some ol the companies as soon sis was expected, the election did not take place, and each company .bund its ■way, in its own manner, to Picolata. Here -»ke Washington, Hancock, ano Jefferson compatriot entered the service at the If. States, and elected Capt. Dc <lass, of (he Jefferson Hussars, to <fmniiu.nl them. -In addition to these companies, Captain Charles H. Nelson, of Cherokee, raised a mounted corps, composed ol citi'.ws’.s ol Cherokee and Wilkes, and repair**! to Flonitta, where they, also, cnUrcv. the service of the United States. The privations and perils of an ar. i ■ous and liarrassing campaign, were sus tained by these troops, with a fortitude .and courage honorable to themselves and their country, and which gave assurance (since realized) that in the hour ol dan ger, Georgia may safely rely on the pa triotism and gallantry ot her sons. A second battalion of mounted men, to complete this regiment, composed of the Putnam Mounted Riflemen—the Gaines ville Dragoons —the Walton County Ca valry—the Buckskin Hussars, of Dooly County—the Butts County Cavalry, and (he Twiggs Cavalry, assembled at Hawk insvillc, the place appointed for rendez vous, and w as organized, by the election of Major David Ross to command them. This battalion proceeded to Black Crock, in Florida, with the intention of entering the sendee, but they were not accepted, because the campaign was about to he closed, and the officer in command at that station directed them to return. Al though this battalion was not formally mustered into service, tho United Slates have paid them ami defrayed the expen ses of time march to and from Florida. Brigadier General Burwell Pope was appointed to command the Georgia troops, in Florida, and proceeded to Picolalaibr that purpose. But one battalion of in fantry having been detained by the rc * quest of Gen. Scott, and the second bat talion of mounted men having been or dered back to Georgia, (lie troops were ; reduced below a Brigadier’s command, and Gen. Pope accordingly returned with oat an opportunity of taking part in tho campaign. Having no authority to drawn on the Treasury of Georgia, to defray (he ex penses of bringing out these troops to the field, anil marching them to Florida, 1 requested, for this purpose, funds from (lie Secretary of War, winy promptly re mitted to me twenty-live thousand dol lars. The greater part of this sum was expended in that service, and the balance has been applied to the Creek War, to which I shall hereafter advert. But be fore the receipt of this money, circum. stances connected with the public safety, compelled me to draw on the contingent fund for six hundred and sixty eight dol lars and six cents, which I have since re turned to the Treasury; and, besides this amount, the Treasurer, Col. Haynes, at my request, promptly assumed the re sponsibdity of furnishing me w ith such auras of money as were necessary to meet the daily demands of the service, until I could receive remittances from the M ar Department. In addition to the twenty five thousand dollars, above mentioned, I have.since received the sum of ton thou (•JV sand dollars, which has enabled me to re turn to Col. Haynes the whole amount borrowed, and pay off the accounts con tracted for transportation, subsistence, &c. &c. ol (he Volunteers. In compliance with the resolution of ■ (lie General Assembly, passed at the last 1 session, I caused the counties of Baker, Dooly, Early, Lee, Randolph, Stewart, 1 and Sumter, to be furnished with arms ' and ammunition; and a company of • Spies, consisting of twenty mounted men, to be raised in each, to protect dispeople against Hostile incursions of the Creek Indians. These companies were kept in 1 service for sometime, and until it was > 'Ferried proper to supercede them by a 6 force deemed more efficient. This was a - small battalion of mounted men, who vo • luntecred, at the invitation of the Com ■ mander-iti-Cliief, to serve three months, E under the command of Major John H. ■ Howard, to whom a special commission • of Major, was given for that purpose. ‘ This battalion was mustered into (be ser vice of the United States, and supported - and paid by that government. The ex - • ponses ot the Spies, raised under the, au • thorily ot the resolution, have not been e paid, because at the time the accounts B were being made out, and arrangements were in progress to pay them, (he Creek E War commenced, which so disturbed the people ol those counties, and occupied J the time and attention of the Executive, I tlwt it Was not possible to do so—and since that time, those causes have not i ceased to exist and exert their influence. A short lime Indore lire expiration of u the term for which Major Howard’s bat c (alion had volunteered, the Creek In dians became hostile, and rendered it •' necessary to call on the people of Geor f gia to take, up arms in defence of (heir • State. On the loth May, a General Oc - tier was issued inviting Volunteers. The -invitation was accepted, with great I promptness; and in n much shorter time t than it is generally supposed that unor • gauised militia can be brought to the '' field, a force ot between four and five • thousand, composed of volunteers and B draughted militia, was assembled at dis ■ ferent points on the Cliuttalmocliie. Some I ol these troops had to march a distance ■ ol two hundred miles, and yet they were nearly all assembled at the different pla • ecs appointed, by the stli day (if June, I making the’wliole time, from the date of ■ the invitation to the time of arrival, only ' twenty-two days. ! Flic Florida campaign had exhausted > the Arsenal at Mil ledge villc of nearly 1 all the arms. Those which still reiuaiu , cd were immediately forwarded to Co > liimbtis and West Point, and an order t was issued to the Military Store-Keeper at Savannah, to ship one thousand stand with (he accoutrements, to Augusta, whence (hey were immediately sent in i wagons to Columbus. No time was lost . in the transportation of these arms, and • they arrived at different times between 1 the llh and (he J.'ithWays of June. I al so requested (he officer in command of the U. S. Arsenal, near Augusta, to for ward to Columbus one thousand mus kets, which request was prooini.ly m-\ ium ed, and the arms '\7!’Tsi» |j ' i'" J ' B ian<; ' on board of ’ c ' immediately put and tie,;. ‘ •igiins ; but by misconduct ( ii ogligeucc in those having charge of ‘-toe wagon train, they did not arrive un til (lie last of June or first of July. Ma jor Gen. Scott had ordered a quantity of (fall’s rifles from Picolala (o Darien and thence to lluwkinsvillc, to he conveyed from that place lo Columbus, together with a supply of provisions for the ar my ; but these, also, were delayed by un toward circumstances, long after (he time of their expected arrival. Knowing (hat the President of the U s nited States had charged Major Gen. Scott, with the defence of the nation a gainst any hostile movements of the Creek, as well as the Seminole Indians, I addressed him a letter on the 18th day ot May last, requesting him to repair to the Georgia frontier, on the Chattahoo chie, and take charge of the military op erations in that quarter. This letter met him at Savanuali, and he immediately ' proceeded to Mitlcdgevillc, where he ar -1 rived on the '2Bth day ol May, in com ' pany with Major General Jesup, whom • he joined at Augusta. On the next mtimiajr, these gentlemen ami myself left Miiledgevillc for Columbus, where 1 Wo arrived on the evening of the ;>otli ; ol May. Before the arrival of General’s Scott - and Jesup, and whilst the responsibility i’ of the campaign rested on me, 1 had dc -1 trimmed to place ou the eastern margin • ol the Cliattalioochie, a force capable of - preventing the escape of the enemy, be i lieving, that whenever he should li®press . ed in Alabama, he would seek refuge in , flight, and that the conflict would be, as $ it eventually was, on the territory of , Georgia. e Tins purpose, to which the troops were t directed as speedily as they could be or - ganized and armed, was recommended, r nut only by (he consideration stated, but • by the melancholy fact, that the Indians - had murdered, or driven from their homes, all the white inhabitants of Alo ft batna, (hat were within their power, , and destroyed their property, before the r army had reached the frontiers of Geor gia. There was nothing left to tempt - their cruelty or rapacity ; and, therefore, - no feeling of humanity forbid the caution • intended to force them into conflict or e capitulation. The events of the cam 1, pmgn have confirmed my confidence in i- these views, lor our troops, on the river, e were engaged in almost daily contests with the flying foe,-and alt the battles of e the Creel,- War, have been fought by - Georgians, on the soil of Georgia. c Immediately on (he arrival of Oen. 1 Scott at Columbus, lie assumed'the com n maud of the Army and the direction of ■ tho War, ami gave the high sanction of - his approbation, to (lie course which had s been pursued. e Want of arms, ammunition and pro a visions, which had been conveyed from • Savannah, Augusta, Ficolatn, and New . Orleans, delayed, fora time, the content , plated movement on the enemy, and was t a source of embarrassment, not less vexa ■ i- lious to those who had taken timely mea i- sures to provide them, than to the army, s impatient as (hey were, to avenge the it wrongs of their suflering countrymen. But this delay had been greatly cx agger h ated by mistake, or misrepresentation, :( and a just allowance has not been made I for misadventures, over which, those in r command had no control, v As the troops arrived, they were c- I quipped and sent forward as speedily as - possible. Tftc first companies wet c mus • (ered into service on the 2d or 3d day of L June, and the great body of the army took • up the line of march under Generals , Scott and Sanford, eighteen days there alter. If due allowance he made for the I’ time necessary to procure munitions of t war from distant points, to muster into , service, officer, arm and furnish with , ammunition, camp equipage and provi i sions, between four and five thousand I men, whose peaceful pursuits have given , them but little aptitude lo military organ : ization, it will lie found that the actual : detention was unavoidable and very in i considerable; and under less momentous < and exciting circumstances, it would i i.avc received a more general and just i explanation. By virtue of the authority vested in - the Executive by the 9511 i section of tho , Militia law of 1818, I appointed Major . General John VV. A. Sanford and Briga i diet General Henry H. Lowe, Zachari . ali V< idle and James Wood, to command - the troops. These officers discharged 1 their duty with promptness and ability, - and to the entire satisfaction of the army - and the people. i A few days before General Scott rno s veil from Columbus, General Jesup, with s the Alabama troops and friendly Indians, < marched from Tuskegee through the ; Creek country, in the direction of Fort I Mitchell. 'J’o (his detachment of the , army, a number of hostile Indians, in -1 eluding three or four hundred warriors, t came in and surrendered; whilst anoih . er party, said jo consist of three hun f dretl, alarmed at the approach of this - force, crossed the Cliattalioochie some ■ miles below Roanoke, and proceeded to t Florida. Their trail was not discovered - until a day or two after they had crossed, r and Just at the time when Generals .Scott and Hanford, with the troops under their ■ command, reached Roanoke. The fact I being made known to them, a force un ; der Col. Beall was despatched in pursuit, - and a portion of (lie enemy was overta ■ ken in the Cbickasawiiatdiie swamp, in ■ Baker county, where a skirmish ensued I in which it is said that nine or ten In ■ tlians were killed, and a quantity of goods, ■ horses, money, and other property cap • lured. A battalion of Volunteer 'infan • try, from Muscogee county, under com ■ maud of Major Hoxey, also marched to , Baker county, and searched the swamps f for the enemy; and subsequently, a bat talion of mounted men, under Maj. Al ford, scoured that part of the State. The Georgia Troops engaged in the Creek War, have done honor to them selves, and to the State, and presented conspicuous instances of gallantry, that would have called forth the praises, and will long receive the gratitude of their country; and this just commendation of the army is equally due to tiiosc brave citizens of Stewart, Randolph, Lee, Ir win, Baker, Telfair, Thomas, I.ow'tidcs, Early, and Ware, who flew with/ 1 ViV'v to the point of danger, am 1 personal daring, sought ”* la . n S" savage in his own lhrtpr^ llc Siin g ullm, 'V checked hi« -u ol cowss swamps, and denr.-'M?’**"' cruel course of death and ~....(Station. The hostile Indians, who surrendered to tho troops under command of General Jesup, were conducted to Fort Mitchell, where the warriors were placed within the pickets of the Fort. Believing, from good evidence, that among these were many who were engaged in the murder of our citizens, and the burning of Roan oke , and other places on the Chattahoo chee, and that it was my duty, as the Governor of the State, to use all legal and proper means of having them identi fied and turned over to (lie civil author ity for trial, 1 addressed two letters to Gen. Jesup, at Fort Mitchell, under date of the 29th and 30th of June, requesting him to detain these warriors at. the Fort, for a reasonable time, that I might col lect the evidence to identify them, and to authorise me lo demand them for trial. To these letters no answers were receiv ed, nlui, on the 2d day of July, all the Indians were removed from Fort Mitch ell, on their way to Arkansas, except 11 warriors, who had been charged, (insuffi cient evidence, with the commission of capital crimes in Georgia. These were, afterwards, on my request, delivered by Major Mr I i tosh, who was in command of the Fort, to the civil authorities, and secured in the jail at Columbus. Believing that an indignity was offered to (he State, through her Chief Magis trate, by this course of proceeding ou the part of Gen. Jesup, I addressed a letter to the President of the United States, on i the 7th of July, stating the facts, and f protesting against such conduct on the . part of an officer of the army, towards . the. authorities of the State, a copv of i which 1 sent to Oen. Jesup. I received i an answer from the President, in which he states that he has caused a copy of my letter to he forwarded to General Jesup, ■ with a call for explanation. Subsequent to these occurrences, the , Creek warrior, Jim Henry, surrendered t himself to the Alabama forces, under Ge i nerals Jesup and Patterson. Immcdi • mediately on learning the fact, I demand . ed him, as amenable to the laws ol'Geor , gia, for crimes he had committed within . tier jurisdiction, but. Gen. Jesup refused . to deliver him to the agent appointed to t receive and conduct him to Georgia, on , the ground that lie had been previously i demanded by the Governor of Alabama, • to be tried for capital crimes committed . by him within that jurisdiction—and lie i was afterwards delivered to the Sheriff , of Russell county, in that State, and cen i ducted by Capt Germany and a part of f j his company to Girard, and lodged in I jail. As soon ns I could obtain the evi j deuce necessary to make a demand on . j tiie Governor of" Alabama for this man, I j did so, and requested that, in the event f| of his acquittal in that State, lie should f be delivered to the agent appointed by I mo on the part of Georgia, to be conduc ted to Stewart county, and tried for the • crimes with which he there stands char a ged. This demand was promptly com v plied with by bis Excellency Gov. Clay, - who immediately transmitted to me the s necessary papers, which were placed in . the hands of Captains Evans and Schley, . of the city of Columbus, whom I appoin , tod agents to receive the prisoner ami . conduct him to this State. These gen , tlcrncn attended the Court in Jtusscll , county, Alabama, lo receive him, in the . event of bis acquittal, but at flic request ot - his counsel, the venue was changed from i Russell to Montgomery county, where the Court will not sit until the month ot . March next. I I Some short time after claiming Jim • I Henry, 1 made a general demand of Gen. A.PjOtq&l'A, gg.H.g-fg-SOftPm f Jo.-wp of all Indians in fits custody, char t gcd with the commission of crimes in this s Stale, and who should l)c identified as - such hy the persons who accompanied e Col. Rockwell, the bearer of my comntu • nication. Before the arrival of these gen-; 0 tlemcn at Tuskegec,(he Indians had been ■ li removed to Montgomery, and they were i- obliged to proceed to that city, where, by j 1 authority received from ( Jen. Jesup, they 1 n took into custody twelve warriors, rccog i- nized as amenable to our laws, and coin d milted them to jail in Columbus to await - their trials. s Since writing (o the President, and my d return to Millcdgcville, a correspondence ;t has taken place between (leu. Jespp and myself, in which he accounts for riot hav n ing answered my letters. To that of the e •Jflihof June, he has enclosed me a reply, ir which, he says, was written, but by mis t- take was placed on file instead of bc i- ing sent to me; and to that of the 30th d of the same month, ho acknowledges that d no answer was written, and supposes that , the omission was occasioned by his great y anxiety to depart for Tuskegec, and the multiplicity of business which (hen occtt ■ pied his time and attention. His motive h for removing the hostile warriors from s, Fort Mitchell, against the wishes ot’Geor e gin, conveyed to him through her Chief t Magistrate, is explained in his letter to e tins War Department, in answer to the f- call made hy the President, after recciv i, ing my communication. i- Copies of all the correspondence rela - ting to this subject, as also to (he Seminole s and Creek Wars, will be found among (lie e accompanying documents. » There arc still many hostile Indians in d the swamps of Irwin, Thomas, Lowndes I, and Ware, who give just cause ot alarm t to (he inhabitants. 1 have been applied to r for the means of protection, which were t immediately afforded by sending arms and - ammunition to those counties, and in ‘, structing the commanding officers of rc - giments to call out a mounted company in it each,, for temporary security, until more il permanent arrangements could be made ; i- and to this end, 1 requested from Major i, Cen. Jesup a detachment of regular troops -for that service. The request was promptly - granted, and Major 1). Dearborn, with i- two companies, was sent with instructions i) to establish a military station at such place s in Lowndes or Ware, as might he consi dered most eligible, and to call on the - commanding officers of the militia in those, and the adjoining counties, for such nutn e her of troops as he should deem neccssa - ry to give security and repose to the coun -1 try. t Many of the members ofCapt. Garma -1 ny’s company, who were engaged with the r Greek Indians in the battle of Shepherd’s t Held, on the I9th June, last, lost most of i tlieii - wearing apparel and wdi - c so destitute -of these articles that TXT ’ 1 ’ l . J_‘io ll l a new supply. The army regulations make no provisions for i furnishing clothes, under such circumstan ces, and some of these men had not the ! means of procuring them, for they had al so lost their money; and, therefore, 1 purchased cheap articles for them to the amount of one hundred nnd sixty-six dol lars and twenty-five cents, which I paid out of the contingent-fund. The Georgia troops engaged in the Creek war, had expended their own mo ; ney in providing themselves with such camp equipage us they believed to be ne cessary on (hew march to the frontier, and in camp. Application was made to the Quarter-master of the United States Army 1 to refund (lie amounts thus expended, but lie did not feel himself authorised to do so, because the quantity and quality of many of the articles purchased, did not ; correspond with the army regulations. ; After several conferences which 1 had with that officer on the subject, ho agreed . to furnish the money if I would assume i the responsibility of paying (ho accounts , and settling with the War Department. This 1 consented to do, rather than our ■ people should lose large sums of money expended by them for the public, service, and accordingly 1 received from Mr. Waite, the Quarter master, five thousand f one hundred and sixty eight dollars and , forty five cents, which 1 applied to the payment of these demands. 1 Very soon after the ratification, by the 1 Senate of the United States, of the trea ty made between Gen. Carroll and Mr, 1 Schunerhorn, the commissioners on the - part of the United States, and the. Chero ; kee tribe of Indians, (a copy of which ac r companies this message,) the people of i that section of the State became appre -1 hensivc that the Ross party, against whose ; wishes the contract for their removal to s the West was made, would, in the then f situation of the State in regard to the 1 Creeks and Seminolcs, become hostile. \ Under the influence of this excitement, r heightened, as it was, hy some murders , and burnings committed by Indians, a hout that time in Walker county, peti e lions from several parts of the Cherokee 1 Circuit for troops, arms and ammunition, - were presenteil and granted. Orders were issued to Brigadier General Ilemp - hill to raise a battalion of militia and - place them at Lashlcy’s Ferry, on the i Coosa river, for the double purpose of I preventing the Creeks from coming into a Georgia, and to keep the Cherokccs in i check. I’ This order was executed, and a bat , talion was raised under the command of 1 Major Charles 11. Nelson. For further l> security, a part of the Cherokees were f disarmed, and five hundred muskets and - accountrcmenls were ordered from Sa f vaimah, and sent to Cherokee county, ti with a sufficient supply of ammunition -for the use of the people, in the event of n any hostile movements on the part of 1 these Indians. Whether (he Ross party t really intended ony hostile action, has I not been ascertained. But, it was proper v to be prepared for it; and the arrange - meats on the part of Georgia, together c with the appearance of the Tennessee troops, about that time, under Brigadier - Gen. Wool, of the U. S. Army, had the ■, good effect of quieting the fears of the c citizens. n An unpleasant circumstance, however, •, occurred between a company of Georgia i- Volunteers, under command ofCapt. Ah il salom Bishop, forming a part of Major i- Nelson’s battalion, and a portion of the II Tennessee troops. Capt. Bishop, in obc e dience to orders, had arrested a number if of Creek Indians, for the purpose of con -11 vcying them to Alabama, to bo delivered e to the proper officer having charge of the if Creek F.migration; but before this ob ject was effected, Capt. Vernon, with a 11 company of Tennessee Volunteers, de >• mantled these Indians, and threatened to take (hem from his possession, and to. take him and his company if he resisted. Before, however, any collision took place, Gen. Dunlap, commanding the Tennes - see brigade, arrived, and a compromise • : was made, by which Capt. Bishop kept 1 ! possession of a part of the Indians, and 1 i surrendered part on the claim of their j being Cherokees. I have received from (ten. Dunlap and Col. William .N. Bishop, communication:; in which dilfercnt vjews arc taken of the matter, and the circumstance.-! are differently slated ; cacti party criminating the other. To the letter of Gen. Dunlap, I returned an answer objecting to the ’ conduct of the Tennessee company ; and I also wrote to Gen. Wool, giving to him the facts as | they had been presented to me by both sides, and requesting him to calm the troubled waters. His reply, attaching blame to each party, will be ' found among the correspondence on this subject, > herewith communicated. By the treaty to which I have adverted, hc - tween the United (States and the Cherokees, the 1 latter are allowed until the 33d day of May, 1838, I to leave the soil of Georgia. This convention j will, I have no doubt, be satisfactory to the •Stales, and it will he proper for the General As -1 sombly so to modify the laws in relation to these - people, ami their rights of occupancy, as to do - justice and advance the interest of the State. In the month of December last, immediately - after the adjournment of the Legislature, I re ceived a letter from Governor Cannon, of Ten j. nossce, on the subject of the arrest, by the Geor gia Guard, of Mr. John Howard Bayne, within • the jurisdiction of that State. The act could not 3 be justified on any principle of right or comity - between Stains, and had been expressly condemn ed hy a resolution of the General Assembly of . Georgia, before complaint was made on the part . of Tennessee. I replied to the letter of Cover ' nor Cannon and enclosed to him a copy of the ' Resolution, which has been satisfactory. A copy of the correspondence is herewith transmitted. 1 The defects of our militia system, though, to S a certain extent, long known and felt by all who 1 I ake any interest in having a well organized body j of citizen soldiers, were never so glaringly cx > posed as during the Seminole nnd Creek Wars, j The existing law offers so little inducement for persons of suitable capacity to accept offices in ■ the militia, that even the high stations of Colo - nel and Major were found vacant in many of the 1 counties, during the excitement of the past year. , By the act of 1818, no provision is made for the , election or appointment of field officers to volun ’ tcer troops, and it is very doubtful whether the Legislature intended, hy the doth section of that ; act, to vest in the Governor the appointment of ■ those officers in the case of draughted militia. In 1 the absence, therefore, of any law on this subject . in regard to Volunteers, and with the great doubt , of power in respect to draughted men, I permitted both species oflroops in the Creek campaign to elect their own field officers, to whom I gave : commissions to continue during the time they , should remain in that service. There is another omission in this act which it would lie well to supply ; there is no penalty fix ed against those who, after appearing at the place of rendezvous, shall refuse to enter the service of the United States. The office of Adjutant-General has been va cant for twelve months. The legislature, at the last session, failed to fill it, and I deemed it un ’ necessary to do so % ps -s-7 f because jj^ij to obtain the services " m any individual without compensation, and there is none now attached to the office, except the inadequate amount of thirty day’s pay, in each year, of an officer of like grade in the Army of the United Slates. I would respectfully re commend that, in revising the system, provision be made for an Adjutant and Assistant Adjutant- General, witli a competent salary to each, to in duce him to give his whole time and talents to the subject. The nature of this commnnication will not al low me to enter into a detail of all the defects and imperfections of the present militia laws; nor do I consider it necessary, as recent experi ence has so fully developed them, that they will not escape the intelligent observation of the Le gislature. The Cavalry arms, for the purchase of which an appropriation was made hy the General As- , sombly at the last session, have been contracted 1 for through the agency of the War Dchartmont, : the Secretary having politely offered to have them fabricated after the model of those used in the Ar- 1 my, and at the price paid by the United States for j similar articles. The swords, pistol-holsters and , accoutrements have been finished, received and , paid for, and arc of a superior quality for the price; 1 but the pistols have not yet arrived. The sum ' appropriated was ten thousand dollars, with j which throe hundred and forty sets have been , purchased. The cost of the swords, holsters and ‘ ( accoutrements, including commissions, freight and insurance, ja lour thousand four hundred and ! thirteen dollars and ninety-six cents. The act authorizing the purchase of these arms, requires the Governor to distribute them to caval ry corps. The number obtained will furnish on ly five or six companies, and it will be an un pleasant task for him to determine which shall be thus favored, to the exclusion of all others. As all the companies will have an equal claim, and very lew of them can be accommodated, it will he well for the General Assembly to determine, whether, under the circumstances, these arms shall be distributed, or kept in the arsenal to be used by such volunteers as may be called into service, in the event of an emergency making such cull necessary. No military fund was created by the appropri ation act of the last session, and, consequently, I have not been enabled to pay the Brigade Inspec tors and others having military accounts against the State. The cartridge boxes,bayonet scabbards and belts which had been contracted for, under authority of a resolution of the General Assembly, passed at the session of 1831, have been received and paid for. The reports of the Keepers of the public Arse nals at Savannah and Milledgeville, will be found among the documents, and will show the number and condition of the arms and accoutrements, and the quantity and quality of the ammunition. I have received a communication from Col. Bomford, of the Ordinance Department, staling that Georgia is entitled, under the act of Congress of 1808, to a quota of arms up to the first Janua ry last, equal in value to 5-18,7-13 muskets, and . requesting that I would designate the kind of arms the State would prefer. In answer to this com -1 munication, I have directed the amount to be paid in yagers and rifles, with the necessary accoutre ments! The Georgia arms which were used during the j Creek War, were, on the discharge of the troops, . delivered to the United States Ordinance officer at Columbus; and, hy direction of the commanding General, have .been sent to the Arsenal at Mount Vernon, in Alabama, to be put in good order,— These, or others equally good, will in duo time, , he returned to the State. The Stale having no gunpowder suitable for small arms, and there being frequent calls for that article during the recent Indian excitements, I caused seventy-five kegs to bo purchased, most of which is now in the magazine at this place. ' The addition to the South end of the Capitol, which was authorised hy an act of the General Assembly, passed on the 30th day of December, • one thousand eight hundred and thirty-four, and for the erection of which a contract was entered . into between the State and Messrs. Smith, Tuck er & Marler, has been completed. So far as I can judge, the work has been well executed, and the contractors have received the sum of twelve thous and five hundred dollars, the whole amount of the appropriation. But there still remains a balance 1 of fifteen hundred and twenty-eight dollars eighty three cents due to them, for the payment of which an additional appropriation should be made. Be sides this work, some repairs and extra improve ments were deemed necessary to preserve the ( house against injury from the weather, as also to improve its general) appearance. The several accounts to bo rendered for these, will probably a mount to one thousand dollars, and for this sura, also, an appropriation is requested. But the building is still unfinished. The plat forms and steps at the Eastern and Western doors 1 arc in a very dilapidated state, and not suited in ' appearance, or.ulility, to the beautiful structure of which they now 'arm the vestibules.. These U ought to be removed and their places supplied with porches and colonadcs, corresponding with the reit of the edifice. And, as a finishing touch to the whole, the interior should be neatly painted. In conformity to a resolution of the lost session of the Legislature,the public square around the capitol has been improved, by levelling the stir face ns far as was deemed nere.-s.ify- at this time. That part of the resolution requiring trees and shrubbery to be planted lias not been executed, because, before that is dune, there should he a g>od enclosure to protect th'fo.— The area of the present campus is too large ; it ought to he contracted to about 210 yards square, and en closed with a good, neat and durable fence. The committee appointed to contract for and su perintend the building of a bouse for the residence of the Governor, have not been able to succeed in pro curing an undertaker. Two causes have conspired la prevent them—the inadequacy of the appropria tion, by reason of the enhanced value of materials and labor, and the great demand, everywhere, for architects and mechanics. The only propositions that were submitted, to erect a building of proper di mensions and in good stvle, were at the prices of twenty-four and eighteen thousand dollars. The sum appropriated to build and furnish was only $15,000, and'consequently nether of these propositions could he accepted. It will bo for the Legislature now to determine whether an additional sum shall In appro priated t j carry into effect the object contemplated in the resolution of the last session. The arsenal in Milledgeville is unfortunately so lo cated as to obstruct the view of the capitol from the principal purl of the town, and diminish, to n very great extent, the beauty of that edifice and the grounds around it; and the building is not properly adapted to the uses for which it was intei ded. J therefore re spectfully submit tor the consideration of the General Assembly, the propriety of removing it to some more suitable place and rebuilding it on a belter plan. Copies of the semi-annual reports made to the Ex ecutive Department by tin* several incorporated banks of this State, in terms of Ibe law, ns also the annual report oft ho Central Hank of Georgia, are herewith submitted to the General Assembly. Agreeably to the requisition of (he filth rule and ninth section of • the chart >r ofthc Hank of Darien, I have appointed Messrs. Joseph Camming, of the city of Savannah, Janies Hamilton Cooper, of Mclntosh county, mid William W. Holt, of the city of Augusta,to represent the Stale’s interest in a mec ting of llie stockholders of that institution, which was called in conformity to the charter, and to he held at the principal hank, in Darien, on the 3d day of ibis instant. It will be pro per to make provision to compensate these gentlemen lor their labors. A list of Executive warrants drawn on the Treasu ry during the past political year, as aiso ol Executive appointments made during the same period, will be found among the documents accompanying this com munication. The act of the General Assembly passed on the 10th day of December, 1810, declares that the stand ard of weights and measures established by fho cor porations of Savannah and Augusta, shall ho the standard weights mid measures in this .State, until the Congress of the United States shall have nude provi sion on (his subject. This provision was made by a resolution passed at the last session of Congress, which directs the Secretary of the Treasury “to cause a complete set of nil the weights and measures adopted as standards, and now either made, or in the progres* of manufacture, for the use of the several custom Ileuses and forothei purposes, to ho delivered to the Governor of each Suite in the Union, or such person as be may appoint, for the use of the Stales re spectively, to the end that nn uniform standard of weights and measures may bo established throughout the United .States.” Congress having thus acted on the subject, the Ge neral Assembly should so alter Ihe net of 1810, as to conform to this resolution, and afford facilities for ex tending to every part of the State the benefits to ho derived f rom a uniform standard of weights and mea sures. 1 have received from several of our sister States, re solutions of (heir Legislatures on the suhjertsof Aha. . hliori—Kail Ronds—the Treaty, with Franco—the modc id Rtf*ST(Tciit and Vice Eresi lent ol States—and tlie Surplus Revenue, with a request that I should lay them before the General As sembly. They arc herewith transmitted to the House of Representatives. By the 11th.section of the net of 1793 and iho reso lution of 1834, the Governor is required to defray , from the coni ingout fmyl, the expenses of preventing , the spread of the .smalt-pox. Undcrtho authority of . these nets, the sum of $2,290 has been expended du ring the past year, and several accounts remain nn settled, some of the charges being of a character which I did not feel myself authorized topav; such, forex ample, as the value of clothes committed to the flames and Physicians’ hills. It would he well for the Legis lature to establish some rule on the subject for tlio i government of the Exoculivn and the people. Almost every year this disease visits our Stat*, and j produces a panic wherever it lakes up its abode. It lias become a subject ofneep interest to the people, and calls for the intelligent action of the legislature in devising the most effectual, and at the same time, liu- ; mane means of preventing the spread of the disease. — Among those, there can be no doubt that vaccination is the most efficacious, and should, therefore, bo en couraged by offering to the people every facility in the obtainment of the vaccine matter. To do this, an agent ought to he appointed, \\h 'sn duly it should he to keep on hand, at ail times, a sufficient quantity of fresh virus, to be by him, on application, furnished to persons desiring it m nil parts of the b’tato, the ex pense of which should be paid from the public Trea sury. In pursuance of the authority vested in the Gover nor by n resolution of the last session on the subject of the education of the indigent deaf and dumb in this ■ State, I have appointed the Rev Elijah Sinclair the Commissioner to carry into effect tlio humane and charitable views of the General Assembly. This gen tleman I ad been appointed to the same office by my j immediate predecessor under n previous resolution, and bad discharged Ills duty with such high credit to himself, and great benefit to the unfortunate objects ot the State’s bounty, that it gave mo pleasure to re appoint him. Ibis provision, so honorable to the Slate, in behalf ot an unfortunate portion of our fellow-beings, sug gest". the propriety of extending the public charity to another class having equal claims to our sympathy. Humanity requires that a comfortable place of re fuge should bo provided for the lunatic and the mail man, to alleviate their sufferings, and to protect tlio community against their involuntary acts: and that such ns are indigent should he maintained ai the pub lic expense. 1 inyito the attention of the General As sembly to the subject, and recommend mi appropria tion of such sum of money ns may be deemed neces sary for the erection of a Lunatic Asylum for the reception and accommodation of persons thus afflicted I herewith transmit to the General Assembly a copy of the proceedings of the Convention which as sembled at Knoxville, Tennessee, on the 4th July last, to take into consideration tlio proposed Louis ville, Cincinnati and Charleston Rail Road. Geor gia was ably represented in that Convention by del egates from different sections of the State, who clearly demonstrated that the cheapest and most practicable route to the Southern Atlantic coast is through the territory of Georgia. Charters have been granted by the States ol Kentucky, Tennessee, North Carolina ami South Carolina, for the purpose of constructing a continuous Rail Hoad from Cincinnati to Charleston, passing through these States; and the question will he presented to Georgia whether sho will grant a charter authorizing a Rail Road to join the main trunk oft his great work at some convenient point iu Tennessee. ihe great advantages of railroad communications in producing individual profit and public conveni ence, by the speedy transportation of persons and pro perty, have been so fully developed, that it cannot ho ■ necessary, at this time, to elucidate them to an en lightened people. They arc stimulating individual i enter prize, in every quarter, and should not escape the intelligent forecast of the statesman, devising for : his country, prosperity in peace, and security iu war ! Hitherto no attempt lias been made thus to connect i the V> cst with the fcouth, because, until recently, the i intervening mountains have been considered an insu- ■ petalac barrier. But now, that all physical difficulties s recede before the light of science, the people of Gcor- i gia owe it to themselves to second with energy and I liberality the great enterprise which is projected of < connecting Cincinnati with the Southern Atlantic « coast. 1 bey ran avail themselves of its advantages | "i 1 , 1 o Rouble and expense than at.y other portion t ol the South, as it hivs been .ascertained by actual sur- < vcy, that the entire line from an eligible point on the 1 northern or northwestern part of the State, to Knox- ’ villa m Tennessee, by nay of the Rabm Gap, and other routes, tray be passed on a railroad, iriihout n i single inclined plane, nnd without tbs least diffiriiltv i m the employment of locomotive engines. Personal Sf*r P 'i i “ U ! illty ~ S,ttto pride—every lerling i xx Inch should impel men to exertion in a g.od cause, i K 1 !, 1 " "tost signally in behalf of il,ig stupendous . object and surely, every Georgian will res, mid with i a spirit liecomjng;tho people and iho occns’on t power of the Executive was . made to procure a competent engineer to examine the t passes m the mountains on the northern line of Geor- I gia in nine to lay the result before the Knoxville con- ( volition, but without success. I had determined to I employ Mr. James Stephens of Rhode Island, who I had produced high testimonials of his qualifications . lor the task, qut unfortunately directed mv letter con taining the appointment, to Province insUad of Newport, so that it did not roach him, and Ihe error was not discovered until a few weeks ago, alter I had i given the olHcc to another. I regret, on Mr. Steph- I ens account, that iho mistake occurred, although no i intnry ha. been sustained by Georgia in consequence I of die delay. Early m the month of August last I ap- ■ pointed to. A. 11. Brisbane ufSoulh Carolina, agon- , leman of character, ability and high attainments in i Ins profession, civil engineer for lho Slate of Georgia He called to his aid Mr. Edward I). White, a Sv i em.mrn 1 V t q !! a lfiod for lhe tns,i ’ mid immediately i commenced the examination of the passes on the < mountains,,as directed by the resolution -of the last i f*l" n They have finished the survey of the route I ■ tho Rabun (.up, and submitted a report of their 1 proceeding, accompanied by maps and estimates; all I ot winch are herewith transmitted to the House of ; Representatives. 1 hey ate novy engaged in tnc ex- 1 animation of the other passes, which Will son completed, and a report on the whole Subject Uin laid before the General Assembly at an carle ... ■ lO oftlie session. " * riU| l By an act passed on the 2 : Jd day of December K-i --ihesum of ten thousand dollars was a ppropriatili r tho improvement of the navigation of Flint river "i illusion of twenty thousand dollars for the imnro m’nt of the GhaUihooctiee. No part 0 f ' r ‘, these sums had been drawn from the treasury,becau" the provisions of the net have not been rompliVd w in" and no application has been made for the money r ’ eept on ihe part of the Commissioners of Flint tiw who adopted a plan of operations w Inch seemed to he contrary i u th e directions of Ihe law, and "eiilarly to tho HI, section. P I Whilst on the subject of internal improvements it I, I proper that I should call ihe attention ol the General I Assembly to the Savannah, Ogechee ami Altnnialu I Canal, ihe State has invested *98,500 in this ~,. I erpnze, and thus farm, dividend of interest or p- u n t I has been returned ; nor, from present appearances, is I likely that any benefit will ho derived from it It),« I been advertised bv the Sheriff of Chatham County i* he sold tinier execution, ntllfe suit of an individual' ■ (or the sum of SIOOO, and application was made i' I me,by the director on tho part of the Slate, for advic','. I w hat roiirsa lo pursue. Having no authority t.> druv- I money from the treasury for such purpose, Iso infirm- I ed Ihe director, and reminded him that the Canal was I pledged to the Stale for the return of the sum of Sji . I 000, the amount originally loaned lo Mr. Jenek ; and I that the purchaser, at Sheriff's sale, would take dm I property with that ineumbraneo. I have since 10.-irnci I by a letter from Mr. Arnold, the director, that the sale I ol the Canal lias been postponed to the first Tuesday I in December next, when it will certainly lakeplate I unless the judgment be paid. The spirit of internal improvement, so omvard anil I vigorous in oar sister Stales, is extending itseli in ,i„, I own,and stimulating private cnlerprizo loelfo ls,w liii |, B though local and personal in their purposes, embrace I so many interests, and contribute sogreally to the ■„>. B; norol convenience, that they seem lo be justly ciititFed. I ton share of the public patronage. Intimately connected with this subject is that of the I geological structure of the Slate, and of its mineral re- I sources. A proper knowledge of these is necessary to I a prudent and profitable location ol canals and rail | roads, and should have its influence in directing their I course. Tims liir, Georgia lias scarcely looked beneath I her surface, and her great staple commodity has been I the only article of transportation within Ilia contone | plntion of thosowho hare projected schemes of inter. I mil improvement, whilst the advantages to be derived I from geological investigation has been entirely over- I looked. In such a survey ihe whole Slate is interested I not merely in the increased variety of its products,hiu I in tho promotion of Ihe most efficient culture, by dis. I closing the character and capacity of the soil Her I territory, and particularly that part comprehended l,y Ihe Cherokee Circuit, is believed to abound in mines of gold, marble, iron, limestone, salt, and oilier valua- I Die minerals. Those concealed treasures,which should bo made tributary to her knowledge and wealth, arc I worthy of your enlightened consideration, and ths I provision necessary to a full and scientific examination- | of them, ought not lo he longer delayed. 1 suggest. | therefore, iho propriety of employing n competent ge ologist to make a thorough survey of Iho Stine, wills | a view to the ascertainment of its mineral and agrieul- | tnral resources, and the proper location of works of I internal improvement Since Ihe above was written I have received from. I Mr. John R. (dotting a letter dated Angratn, 25th ult.. I accompanied by a report of a geological and agricul- I tural examination made by him, during the past sunn. I mer, of the counties of Burke and Richmond. This survey was executed at tho expense ol individuals of I those counties, and is highly creditable lo their public spirit; and, as tarns 1 can judge, equally so to the skill I mid capacity of Mr. Cutting, as a scientific and prnn- I tical geologist. 1 avail myself, with pleasure, of the I opportunity thus afforded me, of sending to the House of Representatives tins letter and report,with the hope that they may add fty-f&to Iheiecoinmemlation I have H submitted " i'be reports of the inspectors and principal keeperoP Ihe Penitentiary are herewith submitted. They will B show, tlial during the past year a profit has been mado ‘ on the labour of the convicts, and that niter deducting B from the good debts due to the institution those which it owes, there will be n balance in its favour of ten thousand five hundred and thirty-five dollars This B may be considered a prosperous condition, and yet, oxving to the practice which has heretofore prevailed, B of giving a general credit on articles sold, the officers B are embarrassed, and need the aid of Hie Legislature until collections can he made. This (practice will shortly erase, as the inspectors have wisely determined to require cash for all work done, and articles .manu factured after the first da‘V of .Inramry next, and in three, il necessary, the p lyment of all available'debts. Other causes have operated to the injury of the insti tution, hut a radical reform has been commenced, and, 1 have no doubt, will he continued much to its advan tage. 1 respectfully add my recommendation lothat of tlio B inspectors, to appropriate or lend to tin- penitentiary I the sum of SSOOO, to enable them lo provide materials and subsistence until, by collections they tan procmv ■ the necessary lands. I would respectfully invite the attention of the I.e B gislatnrc to the amendment of the first section of tiny third articleoflhe Constitution,which provides lor the establishment of a Supremo Court for the Correction of errors, committed in the Superior Courts. The ju dicial system of Georgia (if I hat can he called a system B which has no fiend) lias always been an anomaly in ■ jurisprudence. There arc now' ten judicial districts, I having a judge to preside in each, who is independent ■ ofthc others, and subject lono control. His opinions are the law of flic district during tlie time lie shall continue in office, hut no longer—they do not hind his successor. These judges often decide the same qnes- 9 lion differently, so that xx hat is laxv fn one district is fl not law in another, and, as a matter of course, wo have no such tiling, iu fact, as faxxs of Georgia, altho' B the legislature have enacted, and do annually enact, what purport lo be such. Il is a matter, therefore, of Ihe first importance, not only to the interest of tho people,but to tho character and honorol the Slate,that you should, at the present session, organize the Su- I prome Court, and thereby csiablUh a head to direct the operations oftlie judiciary, and render the law u niform throughout the State. Apart, however, front any reasoning on the subject, the Constitution, which we have all sworn to support, is imperative, and de clares that “the judicial powers of this State shall bn vested in a Supreme Court for the correction of errors, &c.” This court can be organized only by the Legis lature, and so long ns they fail to do it, so long w ill the people be deprived ol their constitutional rigftia By an act of congress approved by the president oftlie I U.S. on the 23d day of Juno last,entitled an act “lo re gulate the Deposilcs oftlie Tublic Money,” a portion of. the revenue oftlie federal government has been direct ed lo bo deposited with all the Slates. The Kith section of this act provides, that when themoney in the Trea sury of the United Stales shall exceed the sum office millions of dollars, the surplus shall be deposited with r such of the States in portion to their representation p in the Senate and House of Representatives of the I . States, as shall by laxv authorize their treasurers, or ■ the competent authorities, to roccive the same, on the terras in that section specified. Those terras are, that I tho faith of the Stare shall ho pledged for the safe keeping and the repayment of the money, and even part thereof, from time to time, whenever tho same shall be required by the Secretary of Ihe Trersnry of the U. S., lor the purposes of defraying any wants of I tho public treasury beyond Iho amount office millions. Aud as an inducement to each State lo rocoivc its pro portion oftlie public money on deposite. il is declared in the same section, that if any State declines to do rs so on the terms mentioned in the act, the same shall be deposited with the other Stales agreeing to accept *1 the same on deposit, in tho proportion pointed out In dia act. It is then declared, that when these deposits, or any part of them, shall be wanfed by the Scereta- 8 ry, to i/icet the appropriations made bylaw, the same shall fcje called lor in ratable proportions within one year, as nearly as conveniently may he, from tho dif ferent Slates with xvhich the same is deposited, and shall not be called (or iasums exceeding SIO,OOO from any one stale, in any ona month, without previous no, lice of 30 days, for every additional stun of $20,000' which may, at any time be required. By the Mth. scclion of the act, this surplus money is ordered to he paid lo the states in the following proportions, mid at. Iho following times, viz: One quarter part on the first, day of January, 1837, or as soon thereafter as may be; one quarter part on Ihe fir-1 day of April; one quarter part on the first day of July; and one quarter part on; the first day ol October, all in he same year. A copy of Iho laxv, and of die loiter of iho Secretary of tho Treasury on the subject, will be found among the doc uments accompanying this message. This act of'Gongress presents a subject of no-ordi nary interest,and involves principles which demand tho deliberate investigation oftlie General Assembly.- Although ihe law is nominally ci nstitutiona),because it purports lo he “An act to regulate the deposilcs oT tho public money,” and so far its that purpose was entertained, may be considered as really so, yet, decla rations at the time ol its enactment, and since, by some of its ablest advocates, that these, deposites worn intended as donations, never to be reclaimed, and 1 the simultaneous avowal, by tho great beneficiaries of tho tariff, that this policy was lo become a s\ stem to con cilalc the complaining States, are calculated to ex-cilo a jealous xvalclifulness of innovation, and of every ef fort to allure or force ua from the primitive purity of our Government. “We must fear (hose Creeks, even though they como witn presents in their hands. The framers oftlie Constitution never could have contemplated the accumulation of redundant revenue, to foster particular interests in its collection, and sub sidize others in its distribution. Against such a sys tem of injustice and cornplion, I trust that Georgia will enter her solemn protest, and call for such a rc duethm of tho tariff as will prevent further sary accumulation and division ofthc people’s money. Georgia will, I hope, never consent lo give np her independence arid ho supported hy tho surplus reve nue of the United Slates. She has ample resources of her own, and it she had not, she could obtain mo ney from her people, who arc toojiroud lo permit her. to be tho beneficiary of the Federal GovenmK’nl, xvhich has no means of supplying her’wants r(hcr than those obtained from Ihe people by die exercise ot a power delegated for another purpose, hut iroptftpei )j applied lo raise money to corrupt them.