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GKORG1A LEGISLATURE.
IN SENATE.
Tuksday, November 24.
Debate concluded on the bill to change the
mi moil to biennial Meeting, of the legislature.
Mr. GAMBLE rose and observed, that lie
bad not intended to say n word to the senate
upon the provisions of this bill, important ns
it is. IJut it reully seemed to him, said Mr.
<■., that its importance grows more obvious
nt every stop in its progri>s. lie, Mr. **•,
conceived it the most important bill that bad
been submitted to the conaideiniton of the
legislature, since the adoption of the consti
tution of the state of Georgia. On tlie con
sideration of it. merits, said Mr. G., two
questions arc presented. The first is, can it
be politic, that a change should ever occur in
this most important feature of the fiindanieti-
tal law of the land ! Secondly—If there
should ever be a time when tins change should
take place, has that time now arrived ! This
is the question which most concerns us, whe
ther the period has arrived that such an al
teration should talio place. Il that period
bns not arrived, the senate ought not to pass
llie bill before the committee. Independent,
then, of the Arguments advanced by the gen
tleman from Morgue, mid which were ably
and elegantly arranged, the grand object in
relation to the policy of ever passing n hill of
this character; independent of these consi
derations, repeated Mr. G., there were argu
ments sulli ient, ho conceived, to satisfy the
senate, that iflhis alteration should ever take
place, the time had not at present arrived.
The situation of our state, with respect to its
internal cm cents, independent of our con
nection with the general government, prove
that this period tins not yet arrived. Whnt
is nur sit tuition 1 Look, said Mr. G., nl oar
ow n acqidsilmns, and see if nur situation is
such ua to authorise the passage of this bill
AVhatistlie situation of cm Indian relation I
Are there not important measures in regard
to the Cherokee Indians, that require legis
lation ! We nrn now about to adopt and es
tablish a code of laws for the government of
the iutli ins. We lire about to abolish their
national customs, laws, and usages, and to
establish a code of our own for their govern
meat. This is an experiment now nhnut to In
tried. And it is not possible for liumnii wis
dom to foresee all the defects that may exist
in that code, and the coiisi quenecs that may
follow from its adoption. Can the defects in
those laws he remedied, and dcficieticit s sup
plied, until experience Inis pointed them out 1
These circumstances, lit) conceived, were
sutlicu nt 10 show ila; impolicy of passing such
a law at tins time. Tho well being mid
happiness of that people, depend, and the
character of the state i.f (icntgtn is deeply m-
volvixl, in passing laws of a wholesome and
s iliitary nature for them. The defects that
may exist, can only be pointed out by tune
and experience. lie, Mr. G., believed, that
we should have iiunu I sessions, till these laws
were made perfect. We are not idilu to fore-
see what n day may bring forth. Cnn tin
senate consent, when these nil-important
measures require legislation annually, to post
pone the meeting of the legislature for two
years, especially when there were such ample
subject* for legislation in relation to the
Chcrokcrs'T V large portion of the frontier
I wrt nfonrst ito, req tr » frequent legislation,
it is well known that a large portion of the
state is yet unorganised, mid tliut their affairs
require legislation.
Again ; The fiscal concerns of the stale,
said Mr. G., afford ample subjects for legisla
tion. The correct imposition of taxes, and
the collection of iliein, the strict accounta
bility of the officers employed, and other
circumstances connected with the revenue of
the state, are subjects of legislation. These,
Mr. G. conceived, were nil important, and
should lie sliietly mid frequently attended to.
Would you he w illing, said Mr. G., to leave
your fiscal concerns fnr'two years without ex
amining into them I The time is not far dis
tant when the revenue of the state will be
sufficient to meet nil the expenses of tile gov
ernment, ifc when this period arrives, it will
be toe duty of the legislature to relieve the
people front taxation. The affairs, likewise,
of the ( entrnl Bank, that great state engine,
will require legislation. In the Bank the n hole
revenue and wealth of the state is invested,
nad the whole community is interested in the
correct management of its affairs. Can we
look into futurity, said Mr. and see the
different modifications which w ill ho neccs-
s iry to ensure its sii cessful operations ? Can
we foresee what changes and alterations
will be requisite, in order to supply deficien
cies, and remedy tho defects which tune n d
experience may disclose I This can only he
effected by legislative enactment. There is
ns* n bill on your table, said Mr. G., nearly
ns long ns tlie « rigiiml charter, wlucll is in
tended to supply deficiencies tint experiencei
lias psiuted out, although the institution li.-i
Tho power which tb6 Executive may cxcit,
of convening the legislntuieon extraordinary
occasions, is n vi ry delicate exercise ol au
thority, and we cannot look into (uturity, and
foresee what subjects tuny require delibera
tion. We cannot predict bow long the pre-
i sent happy condition of our state may con
tinue, bow long virtue and iutelligeiics may
! preside mi r llie government, wliat w ill be the
ispeet of our foreign relations, which subject
> • *1 1 j
of unconstitutional and iniqaUou. measures, Jty over thcOcmnlgeo river, hud Islands, oujqucnt period,itdecided, tolandtijln
the people of the States should meet uniiu- said riv
ally, by their Representatives in the General j read the first time.
Assembly. I know, sir, of no Slut- * ''
latiirc that docs not meet hnmrally
tb c 'people of tilc Stales should meet uniiu-1 said river, adjoining said county, which was this country tested on the right
■ Representatives in the General read the first time. .’I Ins right residing (with some modification
Assembly. I know, sir, of no Suite I.cgis- The bill to compel magistrates to give bond i perhaps,) at sl.e tune of ‘ho Amcr.cn.i rev -
that doos'not hold their annual sessions. The
people are the only sovereigns of the land,
nil power in ibis' country emanates from
tli,.hi—they alone are supreme. Sir, it is the
mnv require the convention of tile legislature J beautiful theory ot our government, that all
on no extraordinary occasion.
Mr. NESBIT lose and moved, that the
committee should ti-e and report disagree
ment to the bill. Mr. N. remarked, that lie
would slate the reasons which induced him
to make this motion. So fur, nuid Mr. .V,
llie provision of this hill relates to the
exteiiiion of the term for which the Judges
of the superior court mid the Solicitors Gen
eral arc elected, lie had no particular objec
tion. But lie, Mr. N., conceived that the
mere extension of the time, ns contemplated
in the loll, wns not nti object so great ns to reason
justify the passage of a hill embracing other
objects more important mid of greater inter
est to the community. lie, Mr. N., alluded
to tlmt provision relative to the convening of
the Legislature oner in every two years: in
bating biennial iusteml of mutual sessions
It appeared to him, said Mr N., that the rea
sons which can be assigned, ill opposition to
this measure, were conclusive, and winch
could not fairly he controverted. The argu
ment, said Mr. N , against the merits of the
bill, lie urged with perfect good faith, lie
was opposed to the bill on principle. The
object contemplated, as appears from us
provisions, is confined only to one. isolated
point, w hich is, the reduction of the expense
of the government. Now, said Mr. N , the
first question that niiscs upon tliis point, is,
will the passage of the bill before the commit
tee, accomplish the object intended. )V ill
the mere iissi milling the Legislature mice in
every iwo years, remove the evil cnmpl lilted
of 7 Will it effect n reduction in the expen
ditures of the treasury 7 There is one item
of expense, Mr. N. will admit, can bo re
duced by such n measure, and that is, the
only one of which be is now apprised, name
ly, llie travelling expenses that arc ‘in
curred by the members in going from their
places of residence to llie sent of govern
ment, in order to ntteml the meeting of the
General Assembly ; for the expense of one
session in two years, will bo ns great ns one
each year. If tve expi ct, said Air. N., to
reduce the expenses of goveromenl, tve must
gu on a broader .-calc of reduction than that
contemplated bv the provisions of this bill.
W e must search deeper for the evil, and as
certain vi herein llm expenses of government
eo isist, before ail mb quale remedy can be
provid' d. We must first ascertain whether
the expense consists in conveningtho Goufcrnl
Assembly, mid legislating in matters tlmt do
require legislation or not. Can the passage
of this bill remedy the difficulty I lie con
ceived not. You must strike nt llm root of
the evil, said Air. N. You must reduce the
representation. A on must curtail the ex
peiiditiirn of government, bv lessening the
number of the members. The bill before
the committee, cannot eft'cet a reduction in
the expenses of government. It will be su
perficial ill its operation ; confined to n single
point. It appeared to him, said Air. N , by
extending the time for which the Legislature
was to meet, would create a* much, if not
more expense to the State, than two annual
sessions, lienee, in tlmt point of view, tin
reduction in the expense emild take place.
Such ton, ho conceived, is the demand for
Legislation, that it would be impolitic to pas*
the bill before the committee. Such was the
situation of the new counties nf this State,
that it was highly important tho Legislature
should meet once a year.
lie, M r. ooueeiveil that tho a flairs of
every new county called for annual legisla
tion ; mid mi extcatioii of territory wns an
ticipated. Wo were expecting to embrace
soon within the limits of our State, n vast
tract of countiv, from which new comities
will lie organised ; mid will not the locnl in
terests of these netv comities require legisln
lion 1 Shall they ba neglected for the space
of two years ! When tlicso new counties
arc organised, Academics must ho iucorpo
rated, seats of justice established, bridges
built, mid many other local matters which
will fi quire iinmrdinfc legislation. Now, cm
this ground, said Air. !\., ho was opposed to
the passage of this' lull, be conceived that
tile necessities of the country, nud the exi
gencies of tlie several counties, called for
annual legislation.
There was another view of this subject,
said Mr. N., to which lie wished to call the
nltcntioa of the committee.
We liaic reached a crisis in the history of
oar government, s lid Air. N., when encroach
ments of tho general government upon the
rights of die States are to he apprehended, or
at least, w hen evo;y State should ho vigilant,
There | and security, was ordered to lie on the table lutioti, in tlie government of Great Britain,
is scarcely a legislative assembly in ibe world for the present. i «'«» conq.iered from tl.at countty, by the
7 ■ s— The petition of John W. !,. Daniel, was, American arms. Subsequent to tlmt pe.imt,
read and referred to a select committee. i it has been strengthened, in n number of in-
Monuay, December 7. stances, by conquests over different tribes ot
On motion of Mr. HABERSHAM, to rc- j Indians ; fur instance, the Cherokces, in
consider so much of the journal of yesterday 1791, and the Creeks, at a Inter perio
as relates to the agreement to a resolution These tribes, with others, have heen permit -
calling upon the Directors of the Celitrnl ted to enjoy n mere occupancy of their lands,
Bank, for a statement of the loans made to chiefly for the purpose ol laiiitiag, aud^ huu 1
powers spring from mid must return to tin
people, not only nt stated, but short inter
vals. Let us not by the passage of this bill,
destroy this grand feature in our government;
but let the practice of the government ac
cord with its theory.
Air. Chairman, the constitution of t|ie
State provides for its amendment, or altera
tion. In order to alter or amend the con
stitution, it is necessary that a bill pass by »
vote of two thirds, two successive sessions of
the General Assembly. What, sir, is the
if ibis precaution. It is, that tlie
people, by the exercise of tlirir right of suf
frage, should bold a check upon the acts ol
the General Assembly. Thus, sir, il the
present Legislature p iss a law affecting the
constitution in its must vital part, mid t!
law is opposed to the will of the people, tlie
each county, cither on notes or drafts, &c
Ac.—The yeas were 32, the nays :J:I.
Mr. BR.A1LSFORD laid on the table the
following resolution:
Resolved, Tlmt hotli branches of the gene
ral assembly convene in the representative
chamber, on Tuesday, the 8th instant, at 3
o'clock, in the nflcriton, for the purpose of
electing five Directors for the Bank of Da
mn, four for the Bank of the State of Geor
gia, mid two fur llie Planters’ Hank.
The bill to authorise limited copartnerships | gnish.
been taken under tlie guardianship of tlie U
States; but this occupancy, merely permis
sive, tuid this guardianship, merely gratui
tous, have in nowise destroyed the rights of
the Stales, individually or collectively. If
some of the Mates have accepted, or engag
ed, the aid of the general government, lor
the putpnse of extinguishing Indian titles,
ibis may enable them to avoid the trouble
and expense attending the extinguishment,
but does not destroy their own right to extin-
iu this state was rejected.
BILLS PASSED.
To prohibit the employment of shift's and
free persons of color in the setting of types in
people may arrest tliccvd, by changing then printing nffie.r s in this state.
Representatives before tlie next session oil To amend an net, passed on the Kith Do
the Legislature. And thus, the constitution comber, ISM, and also an act passed on till
is preserved inviolate. But does not llie fill | I Ot li December, 181(1, in relation to slave;
upon your table, destroy this emit rolling I ami free persons of color.
One of the best illustrations of civil or po
litical right, in relation lolndinn lands, is ob
tained from a compilation made by the Rev.
Dr. Jcdcdiali Alorse, acting as Agent of the
genrrnl Government, in his report and up
render any assertion of them in this report
useless. The extent and nature of the right
of the Indians to the land they Imve been
permitted to occupy within the limits of Geor
gia, arc known as a question sninewlmt of
difficult detcrniinnlimi. Tho right of soil,
and consequently the right of jurisdiction, is
Admitted to be in Georgia ; and consequent
ly, ivlmtevrr right the Indians may possess
cannot he inconsistent with them. But ho
the right of the Indians wliat it mny, tlm
Government of the United States is bound
bv solemn compact, mid agreement with
Georgia, to extinguish the same for the use
of Georgia. The cause of com plaint on tho
part of Georgia, at the tardiness with which
the Government of the United States, hns
discharged i,t- obligation thus incurred, is
somewhat lessened, by the developcmcnt re
cently made by the President, of a sincere
wish to satisfy the claims of Georgia ill tho
extinguishment nf the Indian title to all the
lands w ithin Iter limits. The ir.eul manifes
ted by the President, and his corresponding
< Hurts to aid Georgia in the procurement of
this desirable object, merits her approbation
and the continuance of that codfidcncc, hitIi-
t rto, cheerfully teposed to him. Tho doett-'
incuts submitted to your eoaiiniUee, show
tlmt the right claimed by Georgia, of extent
i in a her laws over the country now ill the oc-
power? If tlmt bill beeoini’B a law, may not
the same Representatives, the same Legisla
ture, repeal, or annul any part of the consti
tution 1 Under tint provisions of tlmt lull,
the elections are made but once in two years,
and the Govcrnorlm* the right of calling lint
To point out the mode of electing consta
bles in each Captain’s district in this state.
To authorise the Bank of Darien to re-
deem the amount of its hills uotv in the Cen
tral Bank, upon cerium conditions.
To manumit and set free frnni slavery
Legislature together at any tune. Now, sir, i Nancy ami her son John, now the property
suppose, am! the case is not tut improlmhl
one, the Legislature at one session, by a vote
of two thirds, repeals nil important and ne
cessary feature in the constitution nf the
State, directly against the interest anil w ill of
the people—and I'-I months thereafter, the
Governor calls n session of the same Legisla
ture, for any emergency, I care tint what,
mid at this called session, the alteration or
repeal of the constitution, is again passed bv
a vote of two thirds, and becomes the con
stitution ? Do you not see, sir, tlmt the cor
rective and controlling power of the people
is taken (rout them, because no election of
Representatives, intervenes In tween the first
nml second passage of the bill 1
la every point of view, this bill appears to
mu to be impolitic, and no consideration cun
induce me to support it.
been it-, operation scarcely a year, and il yet I when the people should he active and at their
rem .ins to lie tested whether the intendment I l ms t. to protect the rights of the States from
will have a favorable or unfavorable iiilluenci
upon its operations ; whether tho rights'of
the citizens will he sufficiently protected by
this amendment. It is the privilege and duty
of the people, to point out, by (heir represen
tative*, any defects in legislation, which time
and experience may suggest, nml p.-nviJonn
udeqtt tie remedy. And there is nnnthcrsub-
ject, said Mr. G., which will require frequent
legislation, and the gu irdianshtp of this bode,
namely, the literary institutions of the state.
These call for annual th liberation. Her col-! I
federal encroachment. Hoiv, said Air. N.,
can this he done, hut through the medium of
legislative influence 1 ’Tis true, the people
may ussrtnhlc and protest against these en
croachments. They have a right to protest
against the adoption of any iiiensim- tending
lo infringe their rights. But the power and
influence exerted hy legislative protest, can
not bn exerted by the people ass milling
themselves together. The Legislature may
pass protests nit I may pass constitutional
ms, fur self deft nee; and unless tlie l.egis-
lege, tho academies of the state, and the Mature does exert this power, tve must submit I
proper distribution of the poor school fund,! ,n these encroachments. \o protest on the !
urn subjects which require tlm protection | P :lrt the people can put them down, or |
mid guardianship of thnlegishilure, nml nf-' have the same iiillnenco that legislative pro
ford ample matter for legislation. These | ,< r: * and enaelmcnts exert. Th • gemral I
v.ircrdl importantsulijeris, ami in which the! gove.riiine:;:, said Mr. IV., is marching step
community was deeply interested. hy step to i cn:isunii'.iit;nii much lobe dread-
Il tho present lull was to go into npemtin i,i cd, trespassing, ns lie conceived, upon tin !
a call SMS'OJI will be necessary in is.'! *, f„ r most sacred anti solemn rights of the State.*, j
the election of a Judge and Sohc,tor Geticr i!j upon t.iu most solemn and sacred privilegt s !
of the (.Iinttulioochee eircui', and in rciulioa m:r ci'e/un*, divesting the n of the rights I
to the electors of President nml Vicc-Presi- “f sovereignty, i
dcut unless the laws respecting thi ::i should j Mr. Chairman, continued Mr. \„ the ten-
be altered. deucy of all power it to nhuse. The powers
‘ ‘ p ' UM,! • t 1 ''''-ar ia ( on- . ol the general government are great ami di-
f rpf ' ( !. hr K ’ ccc, " ! ' , ‘ h ,vr l,u ’ ; 'l’!-"iot- , v. rsilie I—tl.r ir natural direction is onward,
mom of Ins successor for two ye irs. Suppose! ! f, nr, sir, that from
n vacancy shou! I occur in the Executive lb
1'ntiiAV, Nov. 4l "
Air. E/'/, A III), from the joint judiciary
committee, to whom was referred the resolu
tion of Senate enquiring into the expediency
of altering and aniemiiiig the law regulating
dower in this State, in cases where the pro
perty is not susceptible nf division, without
inconvenience to the parties interested, mul
to provide n remedy in such case*', inn lo it
report, and submitted a bill to be ei.t tied it!'
act to amend an net, to authorise the superi
or courts of this State to appoint persons to
assign and set off dower, nml to prescribe
tlie mode of proceeding therein passed on the
?ih day of December, 1824, which was rend
the first time.
Air. T A IT, from live committee on Agri
culture nml Internal Improvement, to whom
was referred the consideration of the repnr
with the accompanying documents, of the
commissioners of the Ocmulgeo rivvr, below
Macon, made a report, which was ordered lo
li* ori the table for the present.
Mr. GAMBLE reported, instnnter, a bill
to alter the time of holding tho Superior
courts, at the full term, in certain counties
of the middle circu't, which was read the first
time.
Mr. KZZARD, from tho committee on
the judiciary, to whom was referred the reso
lution from Semite instructing them to en
quire into lliu expediency nf so lal cluing-
ing the mode of irial by jury, in all e vil
cases, where, a verdict by unanimous consent
cannot he obUitnod, audio authorise the jury,
upon ilia concurrence of two thirds of their
body, to return a verdict that shall he u<
binding as though there had been n unani
mous consent,—Reported, that they deem
any change or alteration in the existing law
upon this subject, improper and inexpedient,
and therefore, desire to lie discharged from
the further consideration of the same, w hich
was read and agreed to.
Till) hill to alter on.I define, the fees n;' the
different officers in the State, was ordered to
lie oil the table for the present.
The reconsidered hill to authorise the
commissioners of the town of Brunswick,
ill the enmity of Glynn, to make leases of the
streets and lots, was ordered to lie on the ta
ble tho hakim e of the session.
The bill to incorporate .Solomon’s Lodge,
No. I., of .Ancient York Masons, in (lie City
of Savannah, was lost, yeas 26, nays 37.
The reconsidered bill lo compel all persons
who do, or may hereafter, own settled plan
tations mid negroes in the county of Urvnn,
to make their tat returns annually ta .-mil*
comity, was negatived, yetis 32, nays 3d.
Svri'nn.iv, Ndv. 5.
On motion of Mr. T A IT, it was
Resolve■/, That the joint committee on
Agriculture ami I nti rn.-il linprovni'-nt, be,
and they are hereby, instructed to enquire in
to the expediency ol requesting the G ivcrnor,
by ,i:i agent, to June made u settlement wiili,
and collection of nil monies belonging lathe
Stare, i the hands of the eomni'sn mers of
the different rivi r-'.
The SonnV took i
titio'i of Mrs. J me 1!
of Pi ter Bay, h free person of color-
32, nay 31.
-Yeas
HOUSE OP REPRESENTATIVES.
Saturday, December 5.
The house proceeded to the consideration
of reports on petitions, and agreed to the fol
lowing :
Tlm report against the petition of John
Goals.
The repott against the petition of sundry
citizens of Campbell county.
Against tlm petition of Joint MeGlutunty.
Against the petition of James AVond.
Against the petition of S. A. Bailey.
The report in favor ot* tho Baptist Church
of Mdicdgevillc.
The report in favor of Jehu Guinpbelj and
Mnriiu I. Hardin.
In furor of L. J. Morgan.
Messages were received from the Gover
nor, truusmiting the report of the eoitnnis-
pendix, to Mr. Secretary Galhonn. Prom 1 impancy of the Indians, is distinctly admit-
these it appears, more especially from the
authority nf an eminent luivyer, quoted nt
page 27!), that the Indians are entitled to a
limited or qualified properly in the soil, n
right to occupy nud enjoy under certain mod
ifications, hut with no power to convey, nor
indeed to do nny other acts of ownership.—
The rigl t of soil, or the absolute property
and tin; jurisdiction over it, belong to tlie
State. The interest in the soil carries with it
the right to buy off’, or otherwise remove, the
incumbrance of ludinu occupancy. Tins
right of the State is ftdl nod absolute. Even
if the hunter state should be changed for the
agricultural, the Indians are entitled to no
more of their territories, after the change,
than is requisite to give them, from cultivat
ing the earth, a support equal totb.lt which
they derived from their whole territory, in th,
hut tcrslate.—Morse's Report page 08. Snell
is n substantial statement of some of tin
leading principles of customary law ns it
hears upon the situation of the Indians.
Should it he said, that the right of dispos
ing of their soil ; the right of jurisdiction nr
of prescribing the rule of action in their ter
ritories, and the right of removing their oe
ciipnncy, constituting the sovereignty over
their territories, belong to the Union, and
that the Indians have not been left ut 'la
me cy of the individual States ; it tiny lie
answered, first tlm sovereignly over the i.idi-
siouers to examine Flint river, from Port Ear-! arts and Indian lands in the temtorii s of tin
ly to Smith’s, in llaki r county, and n letter United States, if not in the new States, I'nrni-
frnm Major John I*. Brook, informing of the
death of General Richard Venable nf the 1st
brigade, seventh division, Georgia militia.
AIox'dav, December 7.
A resolution was adopted, requiring tlmt all
proceeding.* oil ccrlnin executions against
John Burnett, Jr. be staid, and lie relieved
nud exonerated, lie having paid the taxes for
which the executions were issued, as required
hr the laws of tlm state.
Mr. ECHOLS moved to dispense with the
order of the day, and take up his resolution,
requesting the Directors of the Central Bank
to lay before this branch of tlie legislature a
correct list of all persons wlm have drawn
from said Bank, tlm amount drawn by them,
*nd the county for which it was drawn.
Upon which motion the yens were 45,
nays flO—so the house refused to suspend
the rule.
The following hill* were passed :
ed ns they are, front the territory of tlm Uni
on, may lie accorded to the genrr.nl govern
meat; hut the rights of the old thirteen, sus
tained as they are, by law nml bv adjudica
tion, will never be abandoned.
Tbeeommitteo oil the slutcof the republic,
reserving the right of giving*, in another re
port, if necessary, a more full exposition of
tholatvs and usages concerning Indians, It no,
on tho present occasion, only given such a
brief view of those usages as will place the
policy of the general government in stronger
relief before the nation.
Such being the usages concerning Indians,
the policy adopted hy the general government
is clearly proper, nt least so far it is intended
to induce them to remain beyond the limits of
the states, or to withdraw from those limits,
and to extend to them, in some favorable *>o-
sition, the aid and protection of tin* govern
ted by the President of the United .States.—
They also shew nil earnest request on the
part of the President, that in the exorcise of
that rigl t, we should at this time he careful,
not to take any measures,calculated to coun
teract nr lessen tho inducements, v. hieh he is
at this time, holding out to the Cherokee*, for
n cession of live whole of their country for
the use of Georgia. This request, sa courte
ously made, has received additional weight,
hy nit np, cal on the |::ut »f the President, l »
our liberality, nud beseeching a continuance
on our part nf that forbearance hitherto man
ifest.al hy Georg: i in this her interesting sub-
jeet. The lequisttion of the tvhide country
now in the occupancy of the Cherokces
• itliin tlm limits of Georgia, is certainly u
annsidi'i'ntiim nf the highest importance to
her citizens. It therefore Incomes the Le
gislature, representing the people of Georgia,
to adopt the incnsures best calculated lo ob
tain tint object.
The tin re exercise of the right of extend
ing her laws over the ter: itnry and the Indians,
can not in the opinion of your committee,
he a consideration wiili Georgia, in anv man
ner cimimeiisiii'ate tv th the itueomlitiotml,
•and exclu*ive possession of the soil by In r
citizens, nud if the sanin could in hiiv wise
be considered luirsli and nii.'iceessaiw, emir
ooniniith'e would be tlie fir.-t to abandon tho
measure.
Tlie exertions of th" President are uotv di
rect!' I to tlie procurement for Georgia, of her
I *ng neglected rights; and it certainly would
be unwise, at tins tune, to ilotinv tiling cal
culated to defeat n result so much desired bv
it*, or which might in the least Imve u
teo'lchey to lessen the zeal and exertions of
tile President ill our behalf. It Will bo per
ceived, that the President entertains a lively
hope, that the exertions now making, to causn
the whole tribe to remote to the AA’est of tlm
Mississippi, ttill he crowned with ultimata
success. And your committee cnn but in
dulge the same hope, that this iiufnrtiiunto
and deluded people will no lo ger oppose
their best interest, hot will receive the udvico
of tho Government, in the spirit in which il
is given, nml remove shortly, avoiding all un
pleasant difficulty with Georgia; such ni
must inevitably succeed any determination
to remain « here they nre now.
Your committee possessing every di.-po.-t-
: * —nniply with tho wishes of the Pri si
tu the sumo
lispnsed lo
of tho constitution nf this state sons to make
the general officers of the militia uleotive by
the people, and subject to do militia duty in
tlirir respective brigades nod divisions, was
read the third time tin 1 rejectee—Yeas (53,
nny* 3!).
ment. The advantages resulting from a lo-j tion t
To establish an election district in the conn-! cation beyond the limits of the states, depend dent, u ho is now joined with u
ty of Newton. j on nti exemption from the mischievous inter- undeiT 'ki g, would have. Into
Toaltirtln; time of holding tlie wtipt i ior) cour»e of bad wliitn men, and from tlm pol- permit our relations with the Indians to re
douts in the counties of Franklin mul Rn- j lisinns of rival sovereignty, and ttpun the tin- main ns they now stnml, but for the claim
bun. | obstructed exertions of the government, and of the Cheiohces to the right, and now the
To amend tlm law nf contempts. | various benevolent insoeiatioiis, for tin ir, exercise of such right, of establishing n sop-
Thc bill to alter the 3d sec. of the 4th article benefit. In this view of the subject, it is not j orate and independent govt rnmotU for them-
wonderful that the religions public nr.' he- selves, wjilfin tlie limits of (inor'da.
ginning to use their exertions to promote | The i xistit.ee of such a "overtuueiit \n\\r
emigration to the delightful region beyond : committee are of opinion, Georgia can not
the Mississippi, for however the son nf llm j permit to t xi>t, consistently with gotc-
forest may lie entail'll to tlm rights of Ini- , reignty ns n State, til'd In r t’liitv to her ehi-
muiiity, and however the St ties mav be dis- j zetis. Each eit /.m of Georgia is entitled to
posed to nvoid collision with the General j the protection of Iter laws, au l tlmt tirntrc-
Govemmci.t, in relation to Indian nflairs, a J lion should shield him, whether be
dep'inlent situation within the States is at-' upon her soil, in the occupancy of the red or
tended with evils too obvious, nud too seri-j the white man. Audit surtly cannot tie.
oils, lo he overlooked. Those evils to the; cord with the rights of a free State, that Iter
Indians might he greatly euliaaeed bv the citizens, wlu-n within her own proper ch«t-
mannerof exercising the power, cult ring into] tereil limits, should lie subject to tho opera-
the composition of sovereignty, of buying off,] tion of laws, in tho enactment of which thev
•r otherwise removing, the permiswivo oeeu-'hadno participation, nml whom bathartry
paucy of the territory claimed by them ; for, might disgrace, even a savium. 7
although the President of the United Stales j How. ver high mnv he the respect enter-
ha* given a guaranty of this occupancy, it is ( t»i;md t.v Georgia "for the President nml
not perceived t-lint this guaranty rest* on ony however obligatory mav la; the duty of ’mnp.
vnlal foundation ; and it mav, therefor'', Ini if, sting considorm'inu ami esteem which
presumed, that it will ultimately be with- bis station deserves and bis services' demand*
drawn when tho President shall l.nvn re- vet there ia » duty still more imperative ami
viewed the whole ground, including the ex-' the performance of which she will not ne>r.
position of Indian titles, made by an author- leci—the protection of | u *r people °
tzed agent, with the appment sanction of a! Your committee being of opinion, tlmt lo
late administration of the General Govern- afford the desired protection to her citizens,
and to defend lo r sovereignty; it becomes
necessary for Gcoigin to extend In r laws
REPORT
Of the Committee, on the State of the Re
public, concerning the. policy of the it enn
ui Government towards the Indians.
Tin* joint committee o:i tlie St ile of the
Republic, to whom was referred the talk of
tho President of the United States to the
Greek India is, and the letter of the Secreta
ry of AA'ur to tlie Cherokee delegation, to
gether with other documents developing tin*
policy of the Executive Government of the
United States coneeriung tlie Aborigines of
tins country, REPORT:
That this is n subject full of interest to the
politician, and to the Christian. A concise
re' tew of this policy may lie productive of
some good, nad cannot be productive of tiny
harm.
All experience rms shewn, that the asso
ciation of iho white man with the red, has
generally, if not uniformly, proved iitjurious
lo both. This filet is deemed conclusive ns
to the propriety of a separation.
But if any thing more were necessary to
ment.
In view of the premises, the committee re
commend the adoption of the following re
solution, viz :
Res,doerl bp the Senate and Ifouse of Rep.
Icinnustrate the necessity of a separation,! T,,e ' , ^ a J ,vts '?/ the State of Georgia, in Gcn-
it would tie found ill the fact, tlmt neither the i* r< ?: n ' rt , 'I’bnt they approve the
general government, nur missionary societies,! IC >' "} l! " ! Government towards
can prosecute, their benevolent purposes con-i V' ■[''bans, so (ar ns it is calculated loin- ^ \ t!
corning tlie Indian*, without serious obsta- j , tllvm *° r ‘ ,, V OV1 ' >rymul the operation of j ^\ -
ell*.*, mi long ns tlii're ln.ry ho ii free nssneia- , °f c . c u,p< ' s violently tt ml to rotnrd : Terry, ii
j lion of (iidiiins and white men. It is ton 1. 1l!,r hnproveuieiit j nM| l to extend to them,I .wi
the report rm lli.c pe- nianifoi to escape observation, that white j'!' n *" , * vnr! 'b!e position, the fostering protec-j
lick, made on iIipO()iIi| men of abandoned characters are most "**' ,ion mi1 * nFr-ist-inci; of the country. I
ioer the territory now in the occupancy of tho
Cherokces within hi r limits. They there
fore report the following bill.
[AA e published a frtmysis of this hill last
vw ' k. j
(its! Tuesday in Mari h next, will
1 ur*"f pnliparv ' r ■ »',* r"„niy.
•'Oils e -i F.llllY, Ailn.'r.
■" ni l'll TMiltv. A'ln
linst apt j
exert al
ultimo, praying a compensation in lieu of a I to associate with Indians, am
hntinty.nl I nut, which was real and agreed I bal< fill itifitieitea na their morals utul their!
«"• , j
I he Central Bank bill pa-sed wi'di ainend-
mcntp.
Mr. Il AR PER reported, instantcr, a hill
for the relief of certain forrimntc drawers in]
I Of the Joint Committee on the State of the
I Republic.
part ment, then the duly would ilu olvn on
the President of the Senate, who would have
the exercise ot tho power* ol’ the govermwacit,
for two years, nud lie, ffir o-.,S wool I feel
' * 0 b'th to intrust such large powers to tiny
one who may he the incumbent of the office
winch remark is mad •, s ml A|r. <;., w.tlio it
any disrespect to the present incumbent. But
he cnueeivod «!'- people never contem-
pi ite.l that «ueh a responsible trust should
rterolvo upon the Pignidi-nt „f ,J„ : Sew,'..
purest nud ablest ad
ministration ot the federal government, We
have cmis'ii to appn heud danger. From past
administration* we have sustained
with nn iidn
d by the nets of Iutli
State
the laud lottery aulhoris
June Pill, l82->, and December 84th, 1S25,
which w a* lead the first time.
I lie 'Senate took up ami agreed to the re
port of the committee on Agriculture and
Internal Improvement, inndc on the -Uli in
stant, on the report and aceotr panvitig docu
ment* ot tlie commissioners of the Octnul-
injury ; geo river, below Macon.
nitration purely Jetferso'iian ; j A communication wns received from the
ew'ii ip iter the administration of Jackson, j Governor, relative to the vacancy occasioned
the rights of tho States, their sovereignties, j by the death of General Richard Venable,
ate not pnrlcctly seeiire : not fioni any dis- | of the 1st Brigade of the 7(h division,
position : i encroach on the part ol the pow-j The Senate look up and amended the rc-
'•r ; that U' ; hut liecnnse the nlmnst necessa- j solution nf Mr. Ector, of the 3d inst. w hich
rv ter,I alley ot our federal head is to consol j was agreed to.
id.itio". The national Legislature meets' Air. HENDRICK reported im-tnuter,
•i!i to extend the jurisdiction nf Bntt* conn
,niiu dir.
nppo-e ,,'pst iel"s in the wgv 1
REPORT
couasels, 2 he strength of the reasoning on
tics licitl is greatly increased, when it is ri-
eolleeteil, that many of the Indians occupy! The Gotnniittce nn the State of itu
pn.-itio'is in which they will lie always ex-1 public, lo whom was rm' rred that part • i’tle
pos"d to collisions with State imthnri ie*.— i Governor’s eoninmoieation, with llie aeeom-
I, it may lie assumed us a fact, that the I pauying documents, relating to our rclminns
governments never w ill consent that | with'the Glierokeu tribe of Imlmns • also a
Laud for Safe in Alabama.
A GRANDE TERR A -This tract
. A’ Prnl*- fi(0 nrtc* of
P»’itn
i v: k - i,
' - Il K r.«
Ilf
nf fvn
Ihe otlirr
II In* pm*.:, .*.„
i: — J*rl» .• . s
u.nv
I MI-1.Is I’KR.
JIlO-
nuv tribe of Indians shall exercise tho |m>iv-
ersof -ovoreiguty within the chartered limits
of the Stales. Thus they will have to sub
mit to the State laws, or move beyond their
limits.
Much might be said, on original princi
ples, concerning the rights of the States in
tins regard; lint these are considered usque*-
lions no longer open for discussion : they
have been settled by the usages of Euro|M*
and America—by judicial decision* and leg
islative enactments. Tlie Supreme Court
of Rie United States long sivee decided, thnt
“ The Legislature nf Georgia, in 1795, had
B>I.R>ONS indebted to the estnfc of 'l l
• ,, T" i-r- e,mi.tr' n-i. ri,
I . „ j.:*•««.
I v'lun i ii.roN. k.v,. 1
CJ.EORGJA.—-Ui Pulaski BupaSor Court. >
. , , enrv ok i ovr n r v.
■ r.’iir'es* Zl' f V'"* ' ».J sl'lcs'on NVIa.n.
'• r*eiii J.'in!sit irii,•'m'.] 1 ‘, r,r.'r n :l,, "r'" r »«-
resolation from ll.e Jlnuse of Represeuta
lives, insirueting the committee tneimuirr in
to the expediency of surveying the lands now
in the nccitpituey of said tlibe, &e.
REPORT.—I'h at in the investigation of
this subject, your committee liavedeeuii d it
unnecessary to recapitulate the principles,:
upon which the right o' Georgia to the lands
now ill the occupancy of the Cherokee In- 1 , lf . h ,„ ,
(linns, within her chartered limits, is founded. •'“ si,; ' “
as the same have often heretofore be. n nldv 8ir °r"‘» : 'i"pmesun,n.o.ir.hsr ut <i a , !.V'' ,ON Nf l ''°' N '
set forth and sustained. Indeed these prmci-' n»prsnr;nnnii„. rmm, iiitVa,' '.ririnni” P1 r, ' K,! ‘' nh '
pies have long since been established by the h"“w sT^?,*»°SU !Ti!T."ii
highest Judicial tribunal known to the i
'i y
S .vorn to lu npni rrtiri, I).-
Novrri.!
h, IIC».
JU8KHI XKLSON.
/NU.tnurml '|Vrm. 182'*.
or-r.n Wlsou, |,r.
" ^H'!'*’.'‘Viv ?t 'hsParing of the nnappropriat- try, and acquiesced in by the Government "f
:*« Hjiaa .sw.thm : ts o V -n Imnts.” A, nsnbsc-lthat country, and so well understood ns t,T
lh#*r«.py th :
^ hlch tin*
IlicivfiM** nriiorod. flint
•‘•■fnliliblicti in lii u oftlit'orifiunl llu*rrn| t>
cmise iti i|ii* rnntrnry Irti« aa n k
Jf-'V-1*^ e ' tr * rt from All? miRuli's. Drrrn.hrr Dt. I3M.
<rrt -.n zosrrti r.\«ni*TiiPit« tr