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SIC A Q ® M S”
Wednesday, JVfcxcmber \O.
a
On the Bd inet. My election of Electors of
President ami ViwftJPresident took place by the
legislature of thi*< strte. The following gen
tlemen were elected
Win. Terrell, Hincork,
“Warren Jordan, Jones ,
John Mclntosh, Mrhitosk,
Jobii 11arden, I u/gg.t,
John Floyd, Cam It a,
\V m Matthevvs, Jiickmn,
Thomas Gumming, Richmond,
John Rutherford, Raid iv in,
Elias Beall, Monrue.
The Jackson Ticket for Electors received
46 votes out of 160.
On the 4th instant the election for two Sen
ators to fill the places of Messrs. Elliot and
Ware took place. Judge JOHN M. BER
RIEN, of Chatham, and THOMAS IV, COBB
of Green were elected. .
Mr. <u*Ub uas elected by si* varies over'NSs.
opponent, Col. fieatiorn Jones. An election
will take place by the people on the 13th Dec.
for a Representative to serve till the 4th .March
next in place of Mr. Cobh. R. JT. WILDE,
of Augusta, is a candidate to fill the va
cancy.
On the 2d instant, the Governor transmit
ted to both Houses of the Legislature the fol
lowing
jilessagt:
Executive Department, Geo. )
MilledgerilU , Nov. 2, 1824. j
Fellow Citizens of the Senate,
and of the House of Representatives.
It is a matter of gratulation that
since the last Assembly of the Legis
lature, the United States have contin
ued in a state of peace with all nations
courting amicable relations, with all
bv a just and impartial system, and
exhibiting at the same time the armor
necessary to command respect to our
rights.every where. Connected with
such happy auspices, thenresent year
has been m? ,p memorable by the land
ing of General, late Marquis La Fay
ette, on the soil v V*rc flit first years
of his distinguished i : fe xv? re devoted
bv purse and sword to defend all that
we held sacrc 1 of political and civil
rights. It was due to him \o be invi- j
ted by the Chief Magistrate, in the j
name of the people of the stite to our i
bosoms, and it was accordingly done, j
When it is said the Unit'd States
have so far caused their rights to be
respected by all nations it U by no
means to be understood that such a
state of things can be lasting. The
wisest policy^—the pacific dispo
sitions will not assure us against a
change. At thismoment an organized
confederacy of despots in Europe,
more formidable than ever known be
fore shake their bloody sceptre at
all nations wffio contend for freedom
and the rights of man. The United
Slate* and Great Britain present the
only barrier to the destruction of li
berty, else the spirit which animates
the Greek in his glorious struggle
with the Turk would have been extin
guished, South America subdued,
and our firesides assailed. So long
as the United States and England are
leagued against them, these enemies
of the human race dare not commit
themselves to the seas. Meanwhile
the progress of iniinl always seeking
liberal principles will make the cause
of right and justice stronger every day
until this array of tyrants shall be
broken and scattered, and liberation
•from thraldom be complete and univer
sal.
The strongest operative principle of
the American institutions in diffusing
blessings of all kinds among savage
and civilized men, is the principle of
universal toleration, religious and
political. This principle, having its
foundation in the American constitu
tions of government is dispensing its
beneficieut influences every where,
to the uttermost ends of of the earth ;
and in perfect accord and harmony
with the precepts of the gospel, it will
make that gospel more and more ac
tive in the reclamation of human na
ture in regions where the rose never
‘blossomed, and where the savage con
tinues to hunt his fellow man as the
beast of the forest. In fact, for the
spreading of the betdgn doctrines of
Christianity among the Idolater and
the heathen there is reason to believe
that an ail foreseeing Providence has
made this great, and i hope unambi
tious nation its chief instrument. If
the iniilenium is to come, American
institutions, under the same direc
tion, Will bring it to pass. Then, for
the first time comes the epoch of uni
versal peace. Bel ore that, it is our
business and our duty to be prepared
for war. No sovereign state, what
ever be its relation to others, should
suffer itself to be wronged or insulted.
The weaker, the more streneously it
should insist on its rights, the more
vigorously defend them, l ire Romans
never counted the number *‘jtyicir
enemies, and it is better that all pe
rish, than that one title of honor be’
surrendered. Maintaining, however
with reason, justice ar.d firmness,
those rights which belong to us, we
ought to make it our care scrupulous
ly to respect the rights of others.
I call your attention, therefore, to
the slate of our militia —under a good
system, a bulwark—under a bad one,
a iop#>f sand. It is recommended
to you most earnestly, to revise your
system. Pains have been taken to
give to it all the efficacy of which it
was susceptible to enforce itself, it
would not have been made available
for even a temporary organization,
but for the virtue and patriotism of
our citizens. These virtues in some
degree supplied the defects, of the
law, and will enable me to make a
tolerably satisfactory estimate of the
J *■ _
military power of the State. I can
not in a message like this enter into
detail, but you have accompanying
documents which will suffice to show
partially the defects and the reme
dies. But suffer me to entreat that in
this revision you look to a military
system purely abstracted from* and
having no connection with the civil
nolity- rent be
, mg Lorn i,.. c. .-arry the civil
. law into the camp, the latter becomes
a fungus upon state. Instead of per-
feet subordination and discipline,
which regard his own preservation and
the safety of the country, he looks
, constantly to Ids civil privileges—
makes the law for his own govern
ment, and decides when he shall look
the enemy in the face—when betake
m
himself to flight. In no country can
such a military system be maintained
as a reliance for defence. Even un
der the laws of the United States, when
, the militia take the field, they are sub
jected to martial la*.. It is the nov
elty of this restraint which in war
gives rise to so many difficulties, and
| causes so many embarrassments be
i fore the militia are qualified for ac
tive service; and how easy for the
citizen to learn that, consulting his
own safety and the safety of the state
j the moment he takes his position in
J the ranks, his first duty and his first
! virtue is obedience, and how habitu
ally easy in war will be the practice
! thus acquired in time of peace. It
will be vain to attempt to discipline
| the militia in times of peace, u/dess
j the strictest subordination and obedi
ence call be commanded among all
S ranks, from the general to the piivate.
The basis of anv good system is or
gunizatioii. Without permanent or
ganization it need not be attempted
to uniform equip, arm or discipline.
The organization of the company is
the basis of the whole, and it is ascer
tained by sufficient experience that it
is extremely difficult to maintain a
complete organization of companies
under the present system. The su
pineness and indifference of the peo
ple w r ho elect the company officers in a
period of peace, their carelessness in
Mending the elections at all, and
consequently the very improper se
lections which are frequently made
have had a tendency to impair the
value of the commission, which ought
always to be held honorable. The
uncertainty of preferment too, which
ought to be the sure reward of merit,
deters voung men of good character
from seeking commissions of the lower
grade. In fine, the numerous resig
nations constantly occurring and the
disinclination frequently manifested
for this service, shew the defect to be
radical and to require an effectual
remedy. A uniform prescribed for
the militia, cheap and equally useful
in the ordinary occupations of life,
would have a tendency to diffuse
more .‘renerolJy that military pride so
pss-ntial to the character of the sol
dier. The time, it is hoped will ar
rive when, under the wise provisions
of the act of Congress for this pur
pose, the whole body of the militia of
the United States will be supplied with
arms and equipments. In this event
it will be desirable to establish in
each county a central depot of arms,
to be used on field days, and as the
public service may require.
As one of the principle evils of the
existing system, is the habitual non
execution of the sanctions and penal
ties prescribed by the laws, you will
find it indispensable, as well for the
enforcement ol these, as for the uni
form and regular execution of their ge
neral provisions to provide for the ap
pointment ot an Adjutant General,
with adequate lank and emoluments,
having his office at the seat of govern
ment, and if it be thought proper, to
establish drill schools for the officers
in central points of divisions or bri
gades, their general superintendance
and direction should be confided to
him under the orders of the Comman
der in Chief. The reports of Maj.
Gen. New nan and Brig. Gen. Harden
merit your attention.
Immediately connected with the
defence is the public education of the
country. Every citizen, to be quali
fied efficiently to defend his rights
and those of the country, should poss
ess intelligence enough clearly to un-
derstand this in the com
plex relations of our political system
is at once the more necessary and
the more difficult. The rich and the
poor now'unite in the acknow ledge
ment of the advantages accruing from
an enlarged system of education which
will qualify them equally for all the
occupations, civil and military, to
which the state may call them. In
the front of the higher academic in
stitutions already organized, you will
take pleasure to recognize Franklin
College, an ornament, and under pro
per endowment, an institution of first
utility to Georgia. Next, the acade
mies of counties only requiring a fos
tering hand to cause them to flourish
and produce fruits worthy of the fa
thers who laid the foundations. I
recommend to you to give to these in
stitutions liberally and unsparingly
i ccording to their wants. But above
all I recommend that to the poor of
our fellow-citizens you extend a boun
tiful hand. A poor and honest man
is the noblest work of God. How
much more worthy “* ypor care the
children, w ho u ,u! * “* ‘"'■'ot&cti'Dg
. auspices rnigh*.
deryour neglect the -.. .♦orbing j
is more easy than to comprehend ai!
under the expanded wings spread
, over these institutions, bv the consti
tution and the laws which limit your
discretion in nothing but the duty al
wavs imposed on you to take care that
of the public monies appropriated to
any object, a strict accountability be
exacted. The rule of apportioning
annually a specific sum among the
different counties in proportion to
representation as adopted bv an act
of the last Legislature, is not only a
fair one, but of easy execution.
The period has arrived wlien Geor
gia can no longer postpone the great
work of internal improvement. If con
siderations of the highest order could
not prevail, state pride wouldbe a mo
tive sufficiently strong to determine
her. Some of her sisters art already
far in advance of her. Almoit all of
them have to a greater or less extent
embarked in it. She sees she most
enterprizing and persevering among
them already deriving advaytages
from if, which place them ii the first
rank of opulence and power/ A state
therefore, like Georgia, blessed by
Providence with the means of reach
ing the highest commercial prosperity
by a road plain, direct an I practica
ble, will no longer linger in the rear.
She will begin, and with a little pa
tience and perseverance, instead of
decaying cities and a vaacillating
trade, and what is most humiliating,
that trade seeking an emporium else
where than within her own limits, she
will witness the proud and animating
spectacle of maritime towns restored
and flourishing, new ones rising up—
her trade steady and increasing—her
lands augmented in vahieand improv
ved in cultivation—the face of the
countiy beautified and adorned; ami
V
she may witness what was once deem
ed impossible to human efforts, the
western waters mingling with her own,
and till trade of Missouri and Missi
sippi floating through her own territo
ry to ifcr own sea ports, and all this
withinthe compass of her own resour
ces, provided the ordinary economy,
prudence and foresight be employed
to husband, cherish and improve them.
The first and most important step will
be to cimtnand an Engineer of science
and practical skill, and measures have
been taken to procure the services of
such a:i one. As it is indispensable
that herank among the highest of his
profession, it follows that his compen
sation should he fixed at such a rate
as other states nave assigned to the
like order of talents and qualification.
lam persuaded you will not hesitate
tn do this. The Legislature of Geor
gia is too enlightened to undervalue
the services ot mind, and looking to
her true interest m this particular, she
will find the best economy in the high
est compensation. The critical accu
racy necessary in every stage of the
proceeding, the minuteness of obser
vation, the correctness of calculation,
and the application of the mathemati
cal science to the whole, require the
first order of cultivated mind, and un
der the direction of such jumind there
is moral certainty that mistakes or
errors of a fatal character will not oc
cur. In avoiding these you save an
expenditure in comparison with which
the salary of a life time would be as
nothing. The laborious topographical
explorations and surveys which must
precede the plans and estimates for the
execution of the great works, will also
require time ;for they are these which
will determine what ought first be un
dertaken—what most beneficial —what
most practicable—what least expens
ive.
In calling your attention to the ju
diciary, I am only directing it to ob
jects with which it has been familiar.
To bring justice as near as possible to
the home of every citizen, at the least
possible expense and with the greatest
possible expedition, are maxims of the
common law, sound and salutary.—
The best max'ms upon paper are of
little value unless carried into practi
cal effect. In England, where thev
have been hmg disregarded, but
whence we derive our models, they
have, at this moment, the worst sys
tem of practical municipal jurispru
dence of anv country on earth, and
this chiefly from the neglect oi those
very Maxims. The delavs and cx
pences of justice are ruinous ; so
much so that the very best part ol their
system, tkelligh Court of Chancery, j
I has become a nuisance to the country. J
|Of what avail are the best principles j
of judicial science to anv pdople it in !
practice they are constantly abused : j
In our system there* is quite enough
of delay and expense, and three may
be diminished by discarding some
silly maxims of tire comtion law.
But again, it is to be coashlpred that
justice should rot only be rendereu .
cheaply expeditiously, and conven-i
ienfly, it should be rendered also with j
uniformity:—that is, in all dike cases j
there should be like decisions. I* l
. • *
the practice under our system, it is
impossible to assure tills desirable;
Result, from two caucUN.* Ist. V rom >,
a number of Judges acting separately j
anil apart. 2nd. From a want ol time:
to mature their decisions in the tnore j
important cases. It has no doubt tali
len within the observation of all of
you, that frequently the most dfficult
and complex questions arise before
our judges, and they have no more
time for the investigation of them, than j
for the decision of the most plain and
simple ones. I advise you therefore,
if, for the sake of uniformity, always
so desirable in the administration ot;
justice, you deem it expedient, to or-;
ganize a Court of Errors —thai you so
organize it as not to enhance the ex
pence to suitors. It is betore such
courts, as commonly organiztd, that
tills evil is so sorely felt by the citi
zen. The expense is increased. An
argument is admitted : and this is the
source of the expense. The argument
is good for nothing. The parties be
fore the court want not the argument
—they want the decision. They will
be quite content with the argument of
the judges; and if the judges selected
for their legal wisdom specifically to
decide questions of law submitted by
the records of the courts below, can
not decide correctly without a labour
ed rediscussion of such questions, not
by themselves,but by others who ought
not to be their superiors—such a court
will onlv be an evil, by the amount of
unnecessary expense thus incurred.—
Otherwise much of good might result
from it, more especially if it be made
the duty of the court to pass finally
upon all questions at the first term.
The compilation and digest of the
Statute Taw of England in force in
this country, has been confided, ac
cording to your direction to William
Schley, Esq. Aid Chas. Harris, Thos.
TJ. P. Charlton and William Davis
Esqs. gentlemenofdistinguished etni
nence at the barhave been appointed
with supervisor* powers to advise
from time to timeilterations or amend
ments as the won progressed ; so that
whilst bv this coicert and co-opera
tion it will be rertlered more perfect
and complete,its fiial adoption as part
of the code of thisstate will also be
rendered more certain. In connec
tion with this important subject, may
Ibe permitted to siggest a like re
vision and digest of i l s companion, the
common law ; or, nturning to the
dark ages what belong! to them, would
it not be worthy of he generation in
which we live, if Georgia, by embody
ing the best parts of Hie common and
statutory law of England, the Roman
civil law and the Napdeon Code, (the
last by far the best system extant,)
were tossuppiy for herself a code of
Jurisprudential Ethics, which, having
their foundations in reason, justice and
common sense, would be alike appli
cable to all times and all circumstan
ces ; and relieving Georgia from a de
pendence on foreign legislation, re
lieve her from reflections humiliating
to her pride and mortifying to her sell
love.
The molifie cl penal code ot Geor
gia, had two humane objects in
view—lst. To spare the life of the
criminal whenever it could be done
with safety to soci 1& 2nd. I o
reform him bv confinement and
hard labor—a system which is con
stantly exhibited in contrast to the
bloody one of England, and which
from its congeniality with the
America character and feeling, it
would be desirable to perpetuate.
Our code however is in its theoret
ical detail defective, and I have
no doubt that our judges, who are
most familiar with its virtues and
its faults, will pronounce it so.
Its mode of execution is at least
equally so. The remedy of both is
within your power, and to apply it,
it is only necessary to understand
clearly what the defects are. It
will be seen on the most superfi
cial survey, that we passed at once
from the extreme of severity to
the extreme ol lenity. It was iu’v
er believed that under any tolerable
system of criminal jurisprudence,
punishment could be dispensed
with, and yet the object of reform
accomplished, ‘ibis however is
our system in practice. There is
not even the appearance oi punish
ment connected with our Peniten
tiary establishment unless the res
traint upon the liberty of roaming
at large for the commission of
; crime, be considered so. The far
greater proportion ol the convicts
j at all times are better fed, clothed
j and lodged, than they have been
* accustomed to he ; and whilst they
perform the work necessary to keep
the body in a healthlu! slate, they
enjoy, not merely the benefits of so
ciety, but exactly that description
jof it when, in or out ot the estab
lishment, they would seek and
| court. The punishment in ordin-
I ary cases, should be hard fabonr
■ anil solitary confinement —hard la
bor by day and solitary confine
ment by night. Thy*
crowding four or six Cm. dfin the
same dormitory is replete with evils
which inevitably and disectly de
; feat the very end of the institution,
j Not only is vice rendered more
vicious by it, but the hope of re
formation is forever cut off from
j those who, not hardened in iniqui
! tv, are willing to contemplate m
darkness and solitude their first
offences against the law, and the
gloobiy consequences which never
j fail to follow them. Every species
of association or intercourse be
tween the convicts ought to he sup
pressed, unless it be that kind of it,
which is indispensably necessary to
the performance of the work in.
which they are engaged.—Some
lessons have been taught by the ex
perience of the oldest institutions
m the U. States, which ought not
to be lost to us in looking to the
improvement of our own. The ol
dest and most obdurate offenders
knowledge that continued solitary
confinement is the severest, the
most irksome and most tedious of
all the punishments they have suf
fered, nevertheless thev continue
obdurate and unreclaimed. This
fact, whilst it affords additional
proof off the policy which would
prevent association or intercourse
between older and younger offend
ers, and between these and strang
ers of every description,may show
also the the expediency of dispens
ing with continued solitary con
finement inmost of the aggravated
cases, and in place of it, prolonging
the time for which they are com
mitted. The report of the Princi
pal Keeper of the Penitentiary, will
disclose some judicious observa
tions relative to the present state of
police,discipline and financial econ
omy of the institution, and certain
suggestions for reform and im
provement in each.
With unfeigned regret I feel myself
constrained to expose the state of the.
controversy in which Georgia has been
reluctantly involved with the United
States. That every disposition exist
ed originally on the part of this gov
ernment to pursue our claims against
the general government with modera
tion and good temper is manifest from
the proceedings themselves. The Ex
ecutive branch of it unequivocally
disclaims to have been prompted on
his part by any other than the most
friendly feelings towards the constitu
ted authorities of the U. States, and
he fondly trusts that whatever of irri
tation has been engendered, or un
kind sentiments expressed, the cause
is to be sought exclusively in the deep
conviction felt bv the government ot
‘Georgia, that Georgia was about to
suffer flagrant wrong and injustice, bv
the course of policy adopted by the U.
States in their intercourse with the
Indians. Nor were any complaints
elicited of this, other than such as
were trade in the most decorous ami
respenful terms, before the delega
tion of Georgia found themselves in an
attitude of humiliation at Washington,
by the comparison forced upon them,
between their own delegation and
that of certain other delegations, to
the Executive government of the U.
States, in their intercourse with it.— *
Nor was any measure resorted to here
%■
of an uncourteous character, until the
President of the United States, in a
message to Congress, had so treated
the claims of Georgia and the rights
of the Indians as to foreclose the for
mer lorever from making any further
claim or demand upon the latter,
p i ovided there should be a recognition
by C ougress or by Georgia of the doc
trine asserted by that message. The
Governor would have been Wanting
in duty to the people, whom on that
occasion he represented, it he had not
seized the first moment to protest m