Newspaper Page Text
4£-.t0?afa ffl&uvn&h
^ha commencement of the go*p<*l dispensation. In
deed this Utter proposition needs no proof to any en
lightened mind ; for it is universally admitted.
“n the dark fig®*, when the unholy•connexion be
tween church and state was kept tip through the in
fluence of a corrupt and nspinng nnsthood. it is not
a matter of wonder that the people would be made
to believe, that the church under the N-w Testa
ment, is but the continuation of the J-wis nation
and therefore all the ceremonial regulations which
obtained in it, were to have all their force in ‘
tain nations.' The reformers of the Will century, had
enough to occupy their minds without tins Mibiect,
and hence it passed along down to us with all the
■anction and authority which generally accompany
ancient usages. But the prejudices against it will
not long becloud this age encreasing daily in light
and knowledge ; they will he left by our children, if
not by many of us. like many ot the fonlish preju
dices, which found a lodgement with thousands,
about hobgobblins and witches. From these last
remarks we can perceive the orign ot nil that hue
and cry which lifts been raised against some men who
have continued the practice.
Hut what trill ifou ilo inth Psalms, !•». where it is
implied that he trhn puts out his money to usury, shall
not abide in the tabernacle of the hud? L ruler the
Jewish regulations it would have been wrong, and
the Psalmist, a Jew would of course, have threaten
ed punishment against any violations ot these laws
But if the law have ceased in regard to us, of course
the penalty must cease also.
But mrn will extort upon the poor. — Lxtartion is
a crime mentioned in the New 1 estainent and the
pena.ty annexed, hut if you class usury with extor
tion, you perceive you will discover your want ot
reverence, for the character of God ; for h®^ permit
ted the Jews to practise usury with the Gentiles
But if they are. the same, then it will follow that God
is a God of extortion, which is blasphemy.
But there is such a tendency in men who ore ma
king money fast to increase in ararice. Will the
fangs of avarico grow faster in a man who loans
money Bay at 12 per cent, than in one who is reali
ting from 25 to 50 by merchandize or other means of
buying and telling and getting gam ?
But toe must obey the powers that be. Admit it ; I
would not «ay a word to diminish your regard lor the
lawa of the land; hut I will state how these very
laws are violated by the Legislatures themselves ;
•ur Legislature has enacted that S per cent only
•hall be received for the use of money ; hut yet tins
Legislature collects nearly 1) per cent on the stock
which we own in some of our Banks.
In order that the present State laws on usury,
should tally with those in tlm Old Testament, no in
ters! t at all should be allowed from citizens ot the
United Slat'* ; but from foreigners it might beta
ken then there would he some propriety in plead
ing scripture ns the basis of our practice. Hut to
take our dilate laws regulating interest, at (I, 7, M, 10,
mx cent, ns the different Legislatm®* choose to en
act and then-quota scripture ns the authority lor the
origin of the law, is m'ftVt'Sttttsd^stly to unite wh it
God haa not joined together: itTs rthsm d as to plead
the right to c.omniitt suicide from lb' desperate ex-
ample of the betrayer of the Lord who, *• went otto
hanged himself." Tins connecting things, having
no relation, because the interest ol some induced
them to discover a counejfipn, lias filled the world
with errors.
I pul it to the JL.*ginhlors of the whole wot Id, to
point out the basts ol tin* laws on this subject. ^ <m
will not at this duy bring up scripture. If you
bring expediency, 1 ttft^why not apply it to every
commodity? to our mm, our cotton, our land and
servants? INCiUlULR.
exceed $ 10.000. A large portion of the work re- or to trouble society, whereas tho penitentiary j fSffjOJ a a,▲ aa -ww W
quired.can be done by the convicts, which will give pikes them and keeps them out of mischief for a . [> ^T SGy vJ V' v C5 v *
to them profitable employment. I have already years. Now it is acknowledged that the pon- I fnbJ?
shown that there is $‘„ r »,4K)d due to tin* Penitentiary, jtontitiry system is the most humane. “ Nothing
kt those debts be collected by the Central L ink, I » )CComeg legislators m-»re than mercy,” and if u e
[for Tltr. Jot'IIS M. j
TO THE PEOPLE OF GEORGIA.
An impression is endeavored to he made by the op
posers of the Penitentiary, that to rebuild it will hr at-
ttandod with great expense, nnd that n large dram
will ho made oil tho Treasury of the State, so much
so, as to increase the taxes. 1 shall endeavor from
facts to slm.v that the Penitentiary can he rebuilt n?
a tax less than one cent per In-ad on the population ol
tho State, (and who is there that would not cniitrihut
a cent to rebuild the Penitentiary ■) By the census ta
ken by the IJ. S, Marshal, in IHUO, iho population
aif the State was r»lti,5t>7 l at a cent per head give the
•am of $5107 ; tho amount required from the State
will not exceed $35i»0, if that sum.
It will he contended that the building destroyed,
•cost the State, $111,800, that to rebuild the I’omteii-
\iary, large disbursements irfiul he tuade. I admit
that from d icumentn already published, it appears
that tho building, with tho building commissioners
•alary, cost the State the sum above mentioned, (for
A building that has been pronounced unfit for tin-
purpose intended,) nnd for the support ol tho iiibti-
tntion up to the further sum ol $<>1,000 Inis
been advanced by the Slate, for tho support of the
institution, and for tho purchase of in.iterialM f«
which will facilitate the collection by accmnmodn
ting the debtors on th**ir giving notes with such
security ns the Batik may approve, and fur the Bank
tnndvnnnco from time to time, such sums ns insy he
wanted, not t.o exceed $10,000 for tho rebuilding nt*
Lite Penitentiary. By this arrangement, it the Le
gislature will sanction it, the whole concorns of the
business of the institution heretofore earned on will
he brought to n close, and the true situation of the
affairs of the institution shown.
By taking a correct inventory of the materials on
hand, of the manufactured articles, and of tho tools,
d'C. all of which to ho charged to the Institution on
its new business, and sueli advances to bo made by
the Htate a* will lay in a suflicieiitftnck ol materials
Ac. to bo worked up ns may bo found necessary on
investigation of tins subject by tho inspectors,
and Keeper, tho sum wonted will probably not ex
d $10,000, to be called for during tins year. Add
to this sum, for rebuilding the Penitentiary $10,000,
ailing the stun of $'20,000 wanted. To meet this
im. I have already mentioned there was due to tin
institution, upwards of $‘25,000, which I propose to
dlected by the Central Bank. Deduct there-
, bad and doubtful debts, one third, will leave
the sum of $1t),(i07 to repny the $•20,01)0, which will
leave a deficiency against the institution of $3,333.
to rebuild the Penilentirorv, and to furnish a lund t>>
support and carry on the institution. Who is tuere
that would destroy the system, when there is every
probability of its succeeding l*> the wishes of its,
friends, tor the paltry sum of $3,500, or less, nnd
that too after a range of cell* is completed to confine
the convicts separately at night. And the work
•hens may be so arranged, as to keep the ronvn ts at
work without commit icaling with each other by
words in the day, which will prevent all possibility
of corrupting each other, and give to the young nnd
ignorant an opportunity to learn a trade, and thereby
become useful members ol society, which by any
other inode of [ftmisliment will keep him an ignor
ant, degraded and vicious being.
Nil.mid it be contended by tho enemies of the in
stitution, that it will be n constant drain on the
Treasury of the Htuto to keep the Penitentiary up.
and from the experience of past years, it haa shown
that it was unable to support itself, we answer fftr
last two years, under all the disadvantages it lias
laboured under, that it supported itself, and
:»refit, and there was every reason to believe it would
isve continued to do mo. had it not been destroyed
>v fire. By the recent management of the affairs
of the institution, which produced such favorable n*
suits in the fiscal concerns, there is every rcat> n t
•elit-ve the same will be continued, although n
lining® of Inspectors may take place, which man
agement will tend to secure its prosperity.
Should tho most skeptical of the npposers of the
Institution doubt the ability of the Institution t *
support itself from the labour of the Convicts, noth
mg will ho hazarded in asserting that the Instituti n
can be taken oft* of the Government's hands, for tin
term of ten, or more years, nnd ample security givt*r.
t.n the State, that the Slate uliall sustain no expense
during the time, flu tin* Stale advancing n sum suffi
cient to lay in a Block of materials, iVe. Ibr the
amount advanced by the State, the State to receive
ti percent per annum, payable half yearly, and un
doubted security given, that th<* kiiui advanced to he
re-paid to the State at the end of the term ngroed on
It would bo to lie regretted th it the State should hire
out Iho Institution anil the Umivicln, although it Inl
ine n done by the State of Kentucky, if not by otliei
States where Penitentiaries have been established —
But this resort would he preferable to putting down
the Institution. Should that mode he adopted, by th*
time the contract entered into with the St ile expired,
too Stall* would have ampin time, mid light, to tost
tho principle.
In my next 1 will endeavour to show that the Pen
itentiary Hindu of punishing the violators of the
lawa. is the most certain, the most humane, nnd in
its effects the most likely to restore tha'losi individ
ual to society a changed man, than any cod** of crim
inal laws that Ins been devised by man, nnd «»ne that
calls imperative'y on the Christian teacher to ineiil
cate, as no where in tin* scripture is authority given
to take the life of a human lining lor purloining pro
perty. A Friend to the Penitentiary System.
Wlint is Itluith map of busy life Cow per.
MILLEDGEVILLE, SEPT. H, 1631-
Sparta, Hancock ('ninth/, -VI Sept. 1831.
Mf.ssrs. Editors—You will please announce
in the next Georgia Journal, that I am no longer a
candidate for the office of Governor, and oblige
Your obd’t. serv’t.
T. IIAYNES.
(£/** Sec 1st page for several articles on the
Governor’s election.
Editorial article^, and communications unavoida
bly excluded, will be disposed of in our next paper
if possible.
RAIL. ROAD MEETING.
The citizens of Baldwin county, are requested to
meet nt the court-house, in Milledgeville, on .Monday
the Pith iiiBt. to consider upon measures to be adopt
ed relative to the Convention shortly to be hidden in
Eaton Lon, to deliberate upon the Internal Improve
merit, and particularly upon the project of a Rail
Road from tin* interior to the principal markets ot
our Stale. It is Imped that upon this subject nothing
of party feeling will ho suffered, and that all will
feel it their duty and interest to he UNITED.
September 8, lo31.
lo err 1 which we aro obliged to do often,) let us do
it on tho side of humanity. •
STATE RIGHTS.
[for TI1F. JornXAL.l
The Constitution of the United Slates has be
come a very great puzzle ; and an important one.
The newspapers teem with the solutions^of our
wisest men. But their solutions, (as Mr. Calhoun
nays,) shew the great diversity of the human intel
lect. I do not intend also giving a lengthy solu
tion. But to notice one error which many of the
solutions contain. I riff* r to tho Supreme Court.
Many contend that the Supreme Court is the final
resort of n State for an unconstitutional law ot Con
gross. 1 do not believe tho Constitution intended
it. And I wi:.!; **> prove tie’ impossibility ot its
being a just and true tribunal in such cases. I ho
Supreme Courtis not independent, ns is contended,
iis judges are appointed by the government, and
therefore dependent upon it, ami it--history w ill
prove it. We all know from a knowledge of hu
man nature, that dependents always act according
to the will of their employers. Now wc must
know that the government will always chouse men
for judges who they know will act in obedience to
their will. I have not yet learned to confide ho
much in man’s hot in.sty or independence as to be
lieve be ever will declare liimselfin opposition to his
employer, at the risk of losing his employment
where that employment is both lucrative and hon
orable, even if the Constitution should be on his
side. The judges can always find it particularly
convenient and easy, where it is necessary, to ac
commodate their consciences and opinions to the
opinions of government. And whut then can the
poor States do ? for the Court is responsible alone
to the Tribunal with whien it. is its pleasure to
agree. When several of the States declared the
Alien, Sedition nttd Gog laws unconstitutional,
where wns the independence oftli** Federal Court r
They did not come boldly forward and pronounce
those* laws unconstitutional and refuse to execute
them. They did not free Odmrtn (I think Ins
name was,) from confinement, imprisoned under
the flag law for having dared to liud fault with the
management of the General (iovernmont. But h t
him remain in his dungeon, till Mr. Jefferson came
into power, one of whoso first acts was to free the
unhappy man from unlawful imprisonment. The
history of our fedoral Court lets even proved itself
no more independent than the dependentund cor
rupt English (touch. They have ever agreed with
the government, (and if mini’s mtiure does not
materially change,) they ever will. Our chief Jus
tice hi-it year inadoyi bold start to play Judge Jet-
fries with us; but. thanks to our more independent
Governor and Legislature, ho was chocked in his
arbitrary career, and so placed, that we gave him u
fine opportunity t > exercise his ingenuity in get
ting out of n difficulty. Now are these sovereign,
independent State*, to be <1 mendem for their rights,
nay their liberties upon such an institution as the
Supreme Court ? an institution whoso own h.story
nnd tho history of other institutions of similar char
acter give us woeful experience that it cannot be
dcponde.d upon. No, nn institution founded upon doubtless acted upon such information
such despotic principles as n judicial tribunal,"can entitled to ilia fullest credit.
never be the honest and just umpire of freemen’s But I assure you 8ir, as one who claims to know
IT-lit* uml libdliiw. It has PV.)r tlicwn a (lisposi- snmuthimrof the ustiyrex of the Mclhnclmt Episcopal
tion to Piilaro! it., sphere nml inerenso its power*.; *-hurcli,ha oi.iildu.il hnye heen leinlly oinplnveil >y
And if the St it™ are to give np nil their reserved , I1 ' 1 ' 1 " , P- " r b * n ".>' 1 • ,, “". lln S I ;! ,l " r wl " l “ 1,0 ”" 3 '
,, *1 .,• tamed such a relation to Ins conference us is nscri-
sovereignty {by ttllowmg tho Supremo < omt the , „ t „ , |jln b ,,^ lllfnrd .
exclusive right ot construing the Constitution and | B . f rH ,*,. re ' l . p l() llu , j» t . v . j). c. McLeod’s letter
laws of the Union, indeed are they no better than < (1(lU , tl t | 10 | ( ; t |, j„| y> „iid published in the Christian's
in a state of colonial vassalage. I am ill lonst Advocate nnd Journal of the 12ili lilt, you will find
glad that Georgia lias taken the lead in shewing that Mr. McLeod ns his Presiding Elder recognizes
her independence end unwillingness to allow the him ns a preacher in good standing on the Coimsau-
encroachments of the Supremo Court. And so | ga Circuit, from which I
THE MISSIONARIES.—We published cer
tain documents last week, relating to this subject.
We now lav before our readers other documents,
necessary to a correct understanding of the matter.
We copy Mr. //• nvard's letter from the Macon Ad
vertiser. A similar one was addressed to the Go
vernor, the reply to which is below.
Tho reader* h particularly directed to tho letter
from the Governor to Col. Sanford. It shows that
prompt measures have been taken to have the facts
enquired into, and that if the severities alledged to
have been practised towards the Missionaries, have
been correctly reported, no authority emanated from
tin* Governor to that effect.
The public will have, m a short time, the result
of the enquiry directed to be instituted.
From the Macon .Idrcrtiscr.
Mr. Slauk :
In your paptfr of tlie '.filth instant, I noticed a par
agraph extracted from a letter addressed by Colonel
>int’ r<f, commander of tho Georgia guard in the
Churokee Territory, to Governor Gilmer.
In which the Col. States—^“ Two white men have
b»cii arrested for illegal residence within the terri
tory, one of then) is a Methodist Preacher by the
name of Trot, who had been discount!minced by his
own Conference, for bis officious and over zealous
interference in Indian politics, and whose denunci
nlioiiK against Georgia, were sueli during one of hi*
political s« ruious as created sensations of unspeaka
l.le horror in one (Dr. Butler) himself not in tin
least remarkable for Ins charity and brotherly lov*
But you, my dear sir, and many others, are en
tirely mistaken, both ns to my power over the Guard,
nnd the kind of authority whichs been conferred
upon tlio Guard, arid the manner of its organization.
It is composed of citizens of the State (forty in num
ber) who have been employed upon \V iges to p *r-
fbrm a particular duty—They are but assistants
to the civil officers, and are substituted for .Sheriff*
and Constables, only because they can net more effi
ciently They nre neither soldiers nor subject to
military law. It' they vio'ute the rights of any per
son whether missionaries or Indians, they are liable
to be sued or indicted like other citizens. I have
no authority to punish them whatever may be their
conduct. My power extends only to the appoint
ment of tho Agent or Commississioner (as the Com
mander is called in the law.) and to organize the
guard. The Agent himself cannot punish a mem
ber of the guard tbr disorderly conduct or other of
fence not even by dismissing him witjiout pay.—
I lowever, improperly the Guard may have acted
Col. .Sanford is not answerable for it. Worcester
Trott ami others, were arrested whilst he was i
.Milledgeville in tile discharge of his duty makin
his quarterly report. He did not return until aft*-
the persons arrested had been confined for several
days, at his station, waiting for the evidence whi»*h
he had in his possession, to prove that the Misaiona-
aries were not agents of the Government.
1 must refer you to the publications in the Geor
gia Journal of this dny, for further evidence of wlint
Ins been my official conduct.
In conclusion, I would observe that the Missiona
ries have not been compelled to desert their reli
gious labor by any conduct of the authorities of the
Government, hut by their improper connection with
political parlies .and refusal to obey the laws. 11 ad
they submitted to the jurisdiction which rightfully
belongs to the .State, they would have received its
protection, and Ind my best wishes for their success
in enlightening the Indians.
The law does not punish Missionaries for residing
among the Cherokees, hut every white man who so
resides contrary to its provisions ; iV if Missionaries
will act illegally they must sutler the consequences.
Very Respectfully, Yours. &e.
GEORGE R. GILMER.
Rev. Jons Howard.
In your strictures upon Inn above
hnvu justly condemned sueli conduct a
to the Rev'd. Mr. Tr >t whilst you huv«
ded to his Gliuroh, its fullest share of
(’•d. Sandford in reporting Mr. Tr
oiinlrmiucnl minister of his own Co
extract, you
s is attributed
kindly awar-
nerit.
it as a “ dis-
[fur TI1F. JOURNAL.]
There lias ever been a problem as puzzling to
all governments, ns the quadrature of tho circle to
mathematicians ; that is, the apportioning of pun
ishment to crime, and the means of inflicting that
punishment. And it seems that Georgia is great
ly increasing the puzzle. She reminds us of a
thecanvioi. to work u,.. 'Of «... ...... «.ffUt> t !N>n a.l-,'1'! 11 '* ^ o,.o .joitn it n«,t
vanced by the Hut# from .j,„e, to im., up t„ | v.m. tni-s anoth.-r B.'.l nmitlo r t.ll „ll toorll.or destroy
there is duo to tho IVniho iinry upwards of $*J5,tH)t) the virtue of ouch individual remedy, and leave the
And th* , ro has been saved from tho firu materials,' patipnt worse. This is said to ho a world of un
to Iho value of $100*1 and upwards, leaving then mi-, provement—true, in many points of view, but not
Jy tho sum of $31.000 Ibr tho support of the insti- in tho equal and just and humane punishment of
tution up to tins date, and to cover the loss of mate-; crime. At least the proposition will not hold good
rials, Arc consumed by the fire, which is loss than j j„ Georgia: Sint Inis tried different pen’ll codes,
$9000 p»r annum for the support oftli® institution ( onn savouring of cruelty, another mure humane,
up to lime nij > iii»>iied. It ought to lie boron... mind, „ |1( | on „ sl j|| m „ r0 tho ponitontiary systom; she
when the institution first went intoopuration, all were „ , n; .... . . ■ . .
tgnoronl nf the mod.of oondueli..('...nh .... iiulitu-; 1,1 ''.l 1 ' 0 ''' *"* ' 'V » l, l , " ,v,, " 1 1 " 11 1,1
lion, add to which the convict** in general having no ' ,0 obtained 1° r ' 1 but now sho shews a
trod*, they hndto he Uuslit. The enn.iuenre wa« iu<! strunj[o d.'Mire, /utv.mnnff inoro ..I hcklmoss tlan
might h.ve l.e.n expected, tint the first article, mnn- 1 "".V thin? else, to abandon nllj'mprovotnont and ro-
tttkr.tured would i.e ui.iighliy,4*badly in.de, and that turn again to lu*r old erui'l code.
. l.rge portion of the raw material, spoilt, nnd dan* 1 Wc inn-t recollect tint nothing ia -o perfect, but
Voyed by the convict* uivietpininled with working it can bo improved by timo and labor. Tho lnsto-
up th. material.. In .ddili.m to which the article# j rv „f our I’onitontiiiry ha. not been tlattcring,-
ra.nulkotured could not be d.ip.wed oil' will,mu a »ut wo have matlo only a partial trial of it. W
great lo#., if at .11. To make #a e. the I ...peeler# 1 h „ v0 n()t gp( , nl ,| m , t i„ 10 uml labor it lum re.uiirotl.
w.re.admouUo g.va long credit., ami to tho.. of Ra , h ern have boon improvo.ncnto diaeovered
doubtfdl ability to pay, in a rensonablo tnuo alter' , • 1 .. ....
the inalitiilio.i went into op.nlion the meat inielli-1 proparat.onft wmj for carrymo them into el-
ttftil of tlie convict* became masters of tho trades! dt'sircm by som*' to «bi»ltsh t.u* system,
they were put to, ami ns new convicts were received ; systom which I cniit**U(l is .>ost adapted to pro-
tnto tho Penitentiary, tlmse that hud no trade were ’ mote tho ponce nnd destroy the crime of all hu-
put under tlioat that had acquired a knowledge ot man governments.
thair respective business tobe instructed, so that he-1 If we give our consent to try n system, wo
fore the older convict's time expired the apprentice shotid try it thoroughly, rspocinllv when improve-
(if l may so term them) had become well acquainted m onts are making which hid fail, according to ron-
And so
long as she follows the principles of Jefferson as
•he has ever dune, she will ever maintain her in
dependence and rights. I therefore agree with tho
doctrine taught by Jefferson and maintained by
Galhotm und others, that a State lias a right to re
fuse its assent to unconstitutional laws of the gen
eral government and to nullify them. But I will
not go so fur as South Carolina, and say we should
doit. STATE RIGHTS.
UAUYIN SUPERIOR COURT, Ati-
with tha branch of business ho find been put to
And be for® the firo that destroyed the buildings,
the work executed at the Pemtuiitiiiry wns equal
to work of the same kind, done without tho wall*.
And the demand for tno work done at iho Peniten
tiary am regular, and increasing, so much an, ax to
inspire the belief that no further call would l»« mad®
nn th® Treasury of tin* 8lato for tho support nf tl.o
institution. The probability was that th« institu- institution for R year or ti\
tion would at aome future day reinuneruto the ^tnte intended improvements, will
for tho amount expended, not only for tho support expense to the State, (u gi
of the eonvicu heretnlbf,', but Ibr the U.iil.i.nrr .l.o■ politioiimv)’ nny porhaps will hi;
Whot. there thutl... underUke... new ...a oxten- - vrnu ,. wll „,„ „ t |,„V,'liehtonocl „ml lmr.mnc
..t. bu..ne.., U,M, n th. fir.uu.unce d:d not .ink d „„ s | illmv nm ,
money, not because the object seloctud was an inju- • i i
d.ciou. one, but from being unacquainted with the ■» »n >'xpon»n nttondin- tho p.m.sl.m. nt ol its lm.1
business embarked on? I people r And that trnvernment winch punishes
The error committed by the frionds of the system, i «n*l reforms its criminals, ami at tho same time
was ,that they expected t» * much. 1’liey not only uiukos them produ***' a revn ue, shews a wise 1*'-
•xpected reform in the convict*, but they expected gNlntion: Ami that I contend this Slat-' can do,
revenuo instantly, and that too from tin* performance 1 with her present system *'t criminal punishment, if
of hands totally iinncouainted with th*» busines* she will trv the impn'Vements which time and la-
thfy were to bo put «t I’hu Keepers and Directors [, , r | mv0 dfiscoven'd. i» nssidation of criminals
were unac.ju i.nted with the most suitanlo, profit- j ucr ,^, crime : n difficulty the institution has
•blown* Uml w..b«t ..l.pUdh.rth. employment'j,,, , , vlljrll j, h.n-ml.Ml lo bo ol.vm-
of the convict*. Another serious obstacle to the ad- , , , . .■ , , ,, .■
vencement of the peu.niary on,,,.,,,,, „f the in,t,t„. "' ll '> ,ht , >'» l > l » , lf <'* ."ht'irv oils. Some men
tion, wnx the ..tension of'p.rdnn extended to the n , r0 b " r » Villains. ] l.ov mil .-onirmt crime. And
convicts by the Executive. In one year no less than ™0 most, cruel laws »>t tin* m-c t demotic govern-
5H eonvilu were pardoned, and moat «*t those that n ents cannot deter such crimi'.als from tho corn-
received tho benefit of the pardoning power, had ho- mission of crime. There is nnotli. r class of crim-
come so well acquainted with the hutonoss they were inals ; those* who t'rr from tin* necrssity of circum-
pnt at, as to afford a profit i> tho institution from stances, who can be easily reformed. And even
their labors, before that they had heen an expense to tho mildest of punishmoiits are sufficient for their
I'!.*.!!!!. l *'Vu reformation, oven tli<* disgrace of punishment alone.
Wo cannot reform nil criminals, nur can wo rea-
mblv hope that tho world will over be without
• nil (lie rstrnvK
i i r-iv.iy, \\ tilfli I* ,
.• rail ' t .mi of tltr I*. •
.»*iii** Interior C.ni; I I
I (til* county
iliiUcnl y imlis
i bound to believu that
Col. San ford for want of correct information has nr-
tnally fixed upon tin* Tennessee Conference the
charge of placing upon one of her stations a degra
ded Church Officer. Having thus far performed a
duty which I felt conscientiously hound t<» discharge
in htthnlf of my ‘ liurc.h— 1 would now Mr. Editor
for a few moments direct your attention to the con
tents of the Rev. Messrs. McLeod nnd Worcester’s
letters published on the Rith nnd ‘Jllth days of last
month, in tho Christain Advocate and the Charles
ton Observer; it tho statements of those Rev. Gen
tlemen, are worthy of credit, then surely the consti
tuted authorities of Georgia, w.U promptly institute
such enquiries as will throw the proper amount of
censuro upon Officers who could so far transcend
the hounds of military decorum and trauipl** under
foot the t acred rights of freemen—As a citizen of
Georgi i. 1 feel for In r dignity at home and her respec
tability abroad—and m ily if such accusations as are
laid at the door of her officers by the “ Cherokee Mis
sionaries'' should p iss without the proper investiga
tion, then would I blush to own that 1 had ever ex
ercised iny elective franchise in behntfof men, so in-
attentive to the imperious claims of human justice.
If those missionaries have slandered the officers of
our State Government, because they have executed
with fidelity, the orders of the Executive whom we
all believe to be a lolscand humane, benefactor—then
Sir. t he so mer they are exposed to their merited con
tempt, the better for all who have any interest in the
happiness nnd prosp. rity of our common country.
With sentiment* of regard,
I am Deartiir, Your obd't serv't.
JOHN HOWARD.
(COPY.)
Execl'tivk Di pvutmf.nt, Ga.
MilledgroiHc, September, fid 1831
S r—A few days ago I read in the Cherokee PIhb-
nix, statements from Worcester and Trott, charging
Col N'dson some oftlieGunrd w it'u the use of irons
in confining them .and other illegal nnd unnecessari
ly severe treatment. The ffagrantly criminal con
duct of those two men induced me to discredit them
! have since however received through a friend the
Now York Advocate and Journal, containing a let
ter from a Mr. McLeod, corroborating the account,
given by Worcester and Trott. The character of
the government and the good of that portion of the
public service, committed to your particular chfrge
requires that tile ficts should be on.piired into and
found to be true efficient means used to prevent their
recurrence. Th it you may know how to direct
your enquiries, I have enclosed to you the papers
which contain the publication lo which 1 have re
ferred.
You .are requested to enquire particularly into the
fact, whether irons -were used to coniine th** prison
ers arrested by tin* guard—the necessity which ex
isted for the use of such means—the causes which
led to the arrest of McLeod, p.ml the severe treat
ment of himself ami others. I am aware that these
things occurred if they occurred at all,during your
presence in Milledgeville, in the discharge of your
duties.
The highly efficient and honorable manner
which you have executed the service which has been
assigned you, and your own character are suffi
security, that you have not sanctioned any unau
thorized oppression of prisoners,
You are requested to report both the conduct of
the guard .and of the prisoners arrested
It will be proper for von to instruct tho guard,
that ill the arrest of those who may have violated thu
law, their duty is confined to the certain delivery of
their prisoners to the c : vil officers, and that no other
means are authorized by the law, but what may bo
necessary to effect that object.
Very Respectfully,
cannot consent to oppose him, while he fills tha of
fice with so much advantage lo the people.
But if it were necessary to put the courae ofthe Gov-
ernor on the mere jiarty grounds on which it is pla
ced by the Reviewer, even then it might be defen
ded triumphantly. Take his appointments and view
them ina mere party aspect, the\ original appoint
ments wo mean. Take the uids for instance—two
>nt of four ofthe Clark party the Superintendent#
of the public roads ; one of each party the CoiiAMta*
sinners on the Florida line—equally divided a* to
Chirk and Troup parties, if the claim *et up by th®
Cl irk party to one of them he just—the other th#
Governor's rival in the last election. Take the In-
spoctors of the Penitentiary'—one of the Clark par
ty—the other a man who wisely takes no part in the
political turmoil of the day :—tho officers ol the
guard to protect the gold mines—one a Troup man,
the oilier the particular personal enemy of the Gover
nor's particular personal friend. Take the only ori
ginal appointment he lias made in the Central Bank.
According t«*the principle correctly laid down by Gov.
Enrsytlj in the beginning of that business, it was ne-
ccss iry that one of the Directors should be a lawyer.
Indeed hardly a week passes, without the occurrence
of some law question. Hence when Mr. Lamar’s
place became vacant by his election to be judge, it wai
filled by llu» appointment of an attorney. The result
is that where new appointments have been inode, they
have been made with u single view to qualification*
and the public service. \V»* speak not at' re-appoint
ments-.—for surely the Clark party did not expect
that where officers had done their duty, they should
he turned out to make room for others merely on ac
count of party. Will tli*» Clark party come out and
say tint they v *ted for Mr. Gilmer under such an
expectation ? Will they say that nny such expecta
tion was raised by any tiling in the inaugural
speech i And would the Troup party, if the situa
tion of things was rovers *d, make such an acknowl
edgment? We cannot believe it ? Beiides, in
what instance has any Clark man been turned out of
office, bv tho Governor, to make room for a Troup
man ? This is a question that we would like ta
have answered. Take this matter, then, in any
point of view, and it is clear that Gov. Gilmer lias,
in his appointments, regarded only the public service
—that he lias been the Governor ofthe .State and
not of n party, inasmuch ns lie has regarded the in
terest of the whole Stale, ns tho first object, iu hi#
appointments, and litis not made them on mere par
ty or personal considerations.
The Reviewer charges that in the winter of 1S3B,
’30 “ great numbers of people from Georgia and
other States rushed into the [Cherokee] territory in
search of its treasures;"—and enquires, “did Gov.
Gilmer order out the Militia ?—did ho make one
ilianlv effort to save the property of the State ?’’—
All this relates, of course to the winter of 1821), '30.
That is th** time laid in the indictment. Now it hap
pens that the laws of the Stale did not go into opera-
tom in the Cherokee country, until the 1st of June #
1830, some months after the time when these otitra-
•o alleged to have commenced. See the lith
u*l' the net of 1820—‘ All laws both civil and
Yo
Col. John W. A.
GEORGE R. GILMER.
J Alt FORD.
,x:.
Millcdg
-1 have just
n which you t
, the Ally
son und tho oxporionco of pome of th«* northei
States, to obviate every difficulty nnd do away all j J 1 ,"*' ' ' ' ?.i,\
objection. We till acknowledge the system bus I Jj, ’’,''. "iii.V/'-’iVr'ii
been ever extremely (bdieient. But i! is intended j m . im-' ." ',' "i !.
to f.Bow the plans nnd regulations of the Nor- j
them institutions of similar character which have an-, t > », \ •
rnoro experience and have sncceeileil well. The ' VipllaY'.neVu
Ins not b *en, nnd, with j f * >-i *
tot herendcr be an h,'.' 1 *uJivclrl'm*
eyesore to many •*iii,n*nt l.w an t wo:
pi'ljU >.
Tfiry ri’commced •
ct then*
vi, h
I'iilcul.iied to urtuir .
GOV. GILMER’S ADMINISTRATION.—* A
Brief He viewIhrlcwcd.—To begin with the be
ginning—the controversy between Gov. Gilmer nnd
Mr. Forsyth, ll in still fresh in the public recollec
tion, as the Reviewer says : but not exactly in tho
shape in which it. seems to In* remembered by him.
We doubt very much whether be can find many who
will agree with him in the belief that it was the
commencement of a system of operations intended
to bring Gov. Gilmer into tho Executive office.—
The controversy is regretted ; and is, so far as we
have observed, with but a few exceptions, remem
bered only to be regretted. It is regretted, because
in it two eminent and patriotic men differed so wide
ly on a point of duty. This is the sum of tue whole
matter—a sense ot* what was a solemn duty, in a
particular conjunct ure, brought them into collision
with each oilier. Each being lirmly convinced that
lie was right, ndhered lo his particular view of the
subject They differed, hut with that difference the
people hud little to do. R >th had s**rveff the pooph-
faithfuMy, on very important occasions. They al
lowed them to differ, tii» ref ro, without losing con
fidence iu either, us ; ,s proved by the election of one
of them to the Executive eh lir of the Slate, nnd of
tiie nliier to the Senate of the United States. The
people S lid, iu substance, to them : .Settle your dif
ferences in your own way. We need the services ol
both. We require them of you. But take care that
(COPY.) in settling your differences, our interests do not suf
fer in your hands—In this light the people of Geor
gia are still believed to be disposed to view the mat
ter. It is the opinion ofthe best friends of both
all inv attention to the pub- \ p irlies, that they both erred some what; but ii
1 Journal, of tile 12th tilt, j siderution of the services they have rendered the
country ; and of their capacity to serve the country
in times to c ime, that ditf iaviM t!i *y are disposed t>
let pass to the tomb of the Capulots.
The next point relates to alleged pledges given
to the Clark party.—That Mr. Gilmer gave no
pledges, ami permitted none to he given, witli his ap
probation, before the election, is abundantly evident
from the letter we have already published. All ob
jection that might he founded on tin* date of that let
ter, vanishes when the fact is known that the publi
cation which gave rise to if, was first made iu the
•Savannah Mercury of tin* lltli Sept, and next in the ,
Journal und Recorder of Milledgeville on tin* I Dili | law and t;
uf this State, he, and the same nre hereby
exTandeliver said portions of territory respectively,
amrml persons whntrver, residing within tho same,
shall, after the first duy of June next, b«* subject, and
liable to the operation **i' said laws, in the same man
ner us other citizens of this State," Ac (Dawson’*
Compil. page 11 >8.) Now who is answerable, we put
it to the condor ol tin* Reviewer, for what occurred
before the first dny of June, 1830 ? Is it the Gover
nor, or the Legislature? But why, the Reviewer
may ask, if the latter were responsible, were they
not called together, so that they might reliove them
selves from that responsibility? Let the Governor
speak for himself on this point. We copy from hie
annual message :
“ At this time the bill for the removal of lire
Chorokees beyond the Mississippi, win depending
before Congress. The government of the United
States was, for the first time, earnestly endeavoring
to execute the contract of 1802.' The manner pro
posed was believed to be the only practical one,con
sistent with humanity, to the Indians, and justice
to Georgia Unfortunately for the country, the op
position to the Administration determined to inike
the proposed removal ofthe Indians a party question.
The fact* connected with the subject were found
to he s<) removed from the knowledge of tho people,
as to afford ample opportunity for tho instruments of
party strife to mislead the public judgment. It wa*
considered proper not to call the Legislature togeth
er, until the result of this extraordinary struggle in
Congress was known. A hope was also entertained,
that when the laws ofthe ►State went into operation,
our citizens would be disposed to respect their au
thority ; nnd such would probably have been the case,
bad not a large number of the persons engaged in
searching for gold been from other States. Their re
fusal prevented the ohedienco of the people of thi*
State. Before information was received of the pas
sage ofthe Indian hill, the United States troops had,
in the enforcement of the non-intercourse law, re
moved all persons, whether from this or other States,
us intruders upon the Indian lands. Although tho
most confident opinion was entertained that the Uni
fied States’ troops had no such authority, its exercise
was so beneficial for the time, that no opposition wa#
made to it. The correspondence with the (’resident
and War Department, will explain more fully tho
opinion and policy of the Executive upon this sub-
; Department,
\st Sipteniber, 1831.
letter of tile
Per. St
Offlh till,
lication i
upon tin* subject of tin* conduct ol’ th<
Guard. 1 thank you for tin* direct course which you
have pursued in the matter and the freedom with
which you have expressed your feeiings and opin
ions. 1 have no desire to avoid any scrutiny whate-
ve'> into my official conduct. %
Mr. McLeod's statements, concerning the orders
which 1 have given to the Guard, are wholly desti
tute of truth.
Immedi itely after th® pas.-ngo of the law which
made it criminal for white men to reside %mong the
Cherokees, without license, after the Hist of March,
I caused one hundred copies to be published and
Whut business cuttld
fh® hands employed, had become acquainted
tho branch of business curried on, they were to bo
eslled off and dispersed abroad, and new and
bands turned in to supply their place ? what
bad
I’.xpc’i
puce t*'
ITV tiling
\Y
be the situation of a farmer,or planter, utter he bad have tried th** code which is desired we should
pitched his crop, if one third ot Ins etfectivo hands return to, and we )mvo found it wanting. And he
ws* taken off just at the moment \vln*n Ins harvest Hides we only nei d, t » prove its ill success, refer to
called lor all his physical force * Would not do- one example, to South (’iirolina, where there are
rungement and rum be th® consequence * To a cer
taju extent that has been the cas.i with the pecuma
TV affiirs of th® Penitentiary, from the cause k**i
forth, and if the pardoning power m extended ns lib
•rally as heretofore, it will necessarily derange tin
business of the institution. The effect com* # up u
the Keeper without a moment s warning. Not
vlien a convict's sentence is about expirrng
more crimes committed of penitentiary offence in
thin, but death in that Stair*. Man dislikes no pun
ishment so much as tho deprivation of his liberty,
especially when he is likewise purUhetl in body
find mind. It* we return to opr old criminal code,
(which we will have to do if’ wo abolish the poni-
The tentiary system,) many crimes winch are now of
Kn*]»,r b*in£ acquainted, when wurknien nr* In b« penitenti-try nllVncr, but (liPorcnt in decree, will be
dl.ch.rgeJ bv ill* term, nf their ...ntenc*, can in « punishable with dentil,because uopunishnicut short
mea.nre aupply the place, by brin^m* forward utlier of death will bn mlcinihtc t.» tin) oflt’ncc. So in
convicts in the same branch of butunsss; and repia- either case there will be injustice, punishing men
ring those that are to g«» out by n®w subjects, so that equally for crimes different in degree. But by the
Ihe work go«a regularly on without any derange- penitentiary system we cun obviate this injustice,
miscqueuce. uy confining the criminals for a time prcportionul
’; to the nature of the offence. But the pemton iary
- has this advantage: that bv our old code, we either
nd of a criminal by d Mil (which is often too
the shape of a cnimniiiiicution. Six d
j letter was written deny.ng the
sum**, having first sien.it in the
s. It took papers at that time
:iiigton, after their publication,
Milledgeville until Tuesday,
iu Saturday. So th.it the n**:Vt
Up t° the 1st d iv of June, 1833, then, the course
of tin* G .vernor stands fairly vindicated. We call
the re ider'rt attention to another extract from the
message exhibiting dourly and satisfactorily the rea
sons Ibr his course alter the 1st day of June, and up
to the calling of the Legislature together on tho 18tli
of October. Let those reasons be candidly examin
ed ; that is all we ask.
“ Tho calling the Legislature together at an unu
sual time, is so inconvenient to the members,and so
expensive to»tlio people, that the design of doing so
was relinquished, from the belief th.it it might not
bo necessary. On th** first of June the laws of' th#
Stale were declared iu force over the Cherokee coun
try by public proclamation. A distinct proclamation
was at the same time issued, declaring th® right of
the State to all the gold and other valuable mineral*,
in its ungranted lauds occupied by the Indians.—
Tho right thus asserted was supposed to be establish
ed by the customary law of all the European nations,
who nn do discoveries, or formed Colonies on thi*
C mtineiit, by the lee simple or allodial title which
b*dong# to the Slat**, to all lands within its Si mil*, not
already granted away ; and the absence of all right
iu the Indians, they never having appropriated th®
miner il riche* of tho earth to their own use. Im
mediately alter the issuing of this proclamation, a
competent and faithful agent was appointed, with
directions to preserve the rights, tiiusasserted, from
by all th® meant which the firms of tho
process of th® courts would sanction.—
1 f «*H;
npi^TtMrr.
kill.- :*.':» •''. " ‘ V.M.
John Miller,
J. S. Calhoun,
a. ir. King,
J. M. Carter,
Unis Ruthirford,
H ll Smith', -
John ll. Smith,
Kdwin U hitnhir,
ll. Hepburn,
> tar ft* ilo*y l»i*
I \ K t
publi*h®«i
. I I . Fore
J,
William II htinker,
Ihnj A White,
S. Boy\in,
P. r.' iimeu,
distributed among those upon whom it was to Sept
••leVid j By this mean* every white man svbo re- , thereafter (i
> i'iii- silled among the Indians, was informed of the prov- ' charge, he, ... ,
| si mm of the law in time to make up a deliberate re- Milledgeville paper?
ir.i i . i solve whether he would obey il or not. Between • fire days to reach I.
| two and three hundred person* have continued their the. mail not le.avin
ui ll,tf residence by taking the oath tosupoort ill** laws and after the puhlicatioi
entle j obtaining licenses. A few have left tho State. The Nl ay after the papers reneiled Lexington, the denial
- • liiT 1 Missionaries alone have publicly denied tin* power , was written ; und dispatched to Augusta, wo sup-
I.I.. to of the State to extend its jurisdiction over them, and pose, because articles sent by tin* return mail from
expressed their design to disregard the law aiulalmU- Lexington, could not he published iu the paper* at
' I lUr it* penalties. One of them was arrested nnjl dis-1 Milledgeville on the ‘id. it arriving on .8umiuv even-
i t»>«'«*| ch nged by the Superior Court, upon the ground that 1 ing tin* 'd?, and tin* Millcdgevilb' p ipers being pul>-
” “ were agents of the United States gov-j fished on Saturday tin* - th. Thus it appears that
I therefor® not liable to arrest. This ! the earliest mod® of bringing the contradiction of
person was a Mr. Thompson, who knew at the time : the charge before tin* public was adopted. By going
that lie was not an agent of tin* government, as ho | to Augusta it had the advantage of an early publica-
Inis since acknow ledged in a letter to mo. The de-I tion in that quarter of tho ate, und was still re-
ci«ion,liov.i'v.T, futiii.lied nn excuse fi.r the MU- ! published in Mdledg.iviUe .just us curly sw it would ! ilUtn, neither had any law ofthe State mifeit orim-
ue. to continue their ille#:.l remdeuce. 1 pro- have he.;», had it he, ,i sent hither clneetly hy mail. , Inal t.. Ulie minerals from B.icli land.. Tile gold
cured from the l mted Mates government prool tl, ,1 I 1 lie objenlmn. that lure been r,„ ...J Ir the in- di-irew were, therefore, neither subject to arrest nor
tlie Missioiiarie., as such, were not nget.U ol the tnigurnl .j.. bare equally nrotm lies). What proof unv other Criminal process. Under such oiroum.tan-
Kovermm.nl. ordering Col Ranh.rd to is there tint lev t.dnier has not redeemed every eri, if an attempt had been made to remove them by
mre.-i • ben. immediate y. as would have been law- pledge he has Riven r U nat indeed does tne pledae of extreme force, should death have ensued,
till, and,ns I think, justdied by their enndmn, t wrote m the »i>eeeh am to? 1 hat he would be the it would huve.hern murder in the actors, (f order!
..every M.ssmmiry, notdy.ng them tlmtUmy would governor „l the Mate and not ,d a party—Hint in his been given t» use that kind nf force, the m-
he arrested, .1 they did n d remove Iron, the Male, appointments I... Would ree .r.l no other tdern- J plovment of the militia would have been worse than
Ur.lers were B.ven to Col. franlord, that .1 they tmnthantlie p.ihlmsery.ee. Now wa challenoe any useless. The (mvernor has no power over the mi-
.lion to oppose the policy of the nan to,produce a case, a which he has dwregarded , litia. except in ea.e 8 - 0 f insurrection, invasion, or the
ce. in any appointment which ho probable prospect thereof. Btit if I linil been invest-
l ffi*cha*'‘'“ C «^''“ C '“^ ; “ , ’ S W;t! ! ri^utliority tr. have called out the mili-
Thi* duty wa* promptly attended to, and although
it was known that occasionally many persons were
»*ii'r.igt"l in taking gold, yet it was hoped that the ef
fort* of the :i g»*nt and th.* force of the United States’
troopn, would (in ally prevail in stoppingfthein, if not
entirely, at least so far a* to prevent tfie necessity of
resorting to other means: Nor was thi* opinion
•hanged until it became too late to call a session of
tin* last Legislature. The militia would have been
emoloyei^iii protecting the rights of the State to the
gold, and rein •vmgjffioso who were trespassing up
on tiiut right, if the constitution and laws had given
me that authority. The law which attached differ
ent portions of the Cherokfn Territory to several
counties, so as to include the whole within the or
ganized limits of the State, contained no prohibition
agajnst white persons mingling with the Indian
population, or entering upon the lands occupied by
....I -X..,- i *2. .. L r
r.Mirk
lt\ F. Scott,
Samuel Fuller,
W. />. Seoggin,
John sharp,
7 Barksdale, llornlio Barksdale.
■Iii>n»*l Sol. <•«•■». Mnrk <‘ooprr, ll i' * «.‘t t--l. Hint
l>rrt«M>uuf iiubr |/uMi»lieil Mgi i« stile lellte m;ur>a
shewed no d
government .o treat th
ty and permit them to remo
venient uml agreeable to the
til kindness and liberali- tlie public
answer from Wc
ght be most <
elves. 1 recc
tad® ha
pointed in the
r nnd Butler, denying the uu- pointmeiit ? llu
thority of the laws ofthe State, and refusing to obey
them Copies of their answers were sent to Col.
Sanford, with directions to spur® no exertions to ar- 1
public
ol tlie duties ot that np- tin, nnd the intruder* bad grossly violated til® penal
iiu; service suffered in a statutes, or trespsssed upon the acknowledge J rights
. * (he State in its possession, yet no appropriation
n silt- ot money had been made by law, by which l could
f** 1 that they ■l.i^Iit f.'.-l tho full weight of lh« ; j|iv.< ■>,. the |mfut that lie l.a.; in the a l .|.mi' t„ 1 e. 1 t« dayra'y.i'aManUm'.ly of ,u‘iiiti?’to have eff.ctad'fhl
law, since such was their choice. ; winch it has been ins duty to make, been governed . desired object."
We now have tlie Legislature in session. Thent-
tjl® instance, by nny of In* appointments
ho object to him on tins ground sho
if they can. If they caunuC^ they must
There has been no expression or intimation what- by no other consideration than the public
ever in any order or letter, or otherwise from me to {And if th® interest of the 8t.it® has not suffered,
treat those who might be arrested in any other man-1 surely no one lias a right to complain. It' the iuter-
1 ..... ..V .1. . i...
Went to the business of
The enemies ol* the insl.tnii.io, will object to the
rebuilding of the iViutentiary, and no doubt will
tend, that by -rebuilding the snmv the State will be
taxed with $50 or $100,b0<). The butldin«r» neces-
\t II.I.lA.H J. I» Wjs, cirrk.
EIj persons inficBteil to ifio tstntp of
L I r\\ - N '..i|eof Wilkinkou rounlv, *tf are rnjii *.
Mkeli-imr.li.il.- |.nj#iie.il, au<l nil llm-e I»a %... ■ * .finii.tub
*sry,aud much uiore convehi.-ui limn those destroy- fx*rnc*l lor nil onligiitoncd goVPpinu'iit,) or wc pun-
#d, will «u.t from $10,1X10 lo $lS,00t), and witli what j ish a criminal with aome triwal ponishmont, ami
Material* theje ia on hand, will mo.t jiroWatilv not turn liiru I90M itninctliald)’Ip CVlitinu* Ins crimes
tier than as the law directed. You cannot regret
much us 1 do, that any members of the Guard should
have been so much excited by the improper conduct
ot’theso men, as t» put them into chains. That they
were in tin* constant habit of speaking in the most
opprobrious terms ot' our government, laws, and
public autli lilies, I have positive proof. And the
own, 1 r;i ' or# » ! account ol* Mr. McLeod himself shews how far lie
tin* estnle nf w as disposed thus to net. Alll.- ugh 1 cannot excuse
'citcniy,ttorM are the severity with which iie wustreated.it isceitiiu
uirtkr tmmetlmie pojrineni.and nil iI.om* having de-: that the Guard acted under excited feelings, created
sa*ML'kl u >i**c*\s\vtLL 'k' -” ^. v ’ abut® of those under whose oidersthay were
' x ur ' I acting.
nj;.iiii»| ►,-iitl t-Maiv ill i nitiei tin m
J«»l
tepi 8 __ WJ
A LL jK-rsous iudt-btr
JmL Alt-SHiuier ell. Isle t>l W itkin-
'.Mil II.
cst of th® Stale has not been sacrificed to
party feelingo and party prejudices, no on® can «:tv
with propriety tbsth lias been (lie governor of a
party and not of the Mtato. For there is. we hope,
no man. whether of the Troup or of the Clark party.
w*ho will make the avowal, tiiut he would prefer this
or th it party man's appointment to office, on party
grounds merely, to the interest of tfie Slate. Gov.
Gilmer s in Jividual doctrine on this point was lung
ago developed ns we have heard, when he was urged
tooppos* Judge Dooly.—No, said he, Judge Dooly
administers tft® laws laithfully, and party or no par
ty, tins is a matter ol’so much importance, that 1
tempt ol tho Reviewer to make the Governornccoun-
table tor the delay that occurred after the meeting in
■ tho protection ofthe Gold mines is unjust. lie laid
I the subject before the Legislature on the Iftlh of Oc-
taber. He could not hasten their action on it. If
ill® • people were so mucli excited in relation to it,
whv um* that excitement not also felt by tho repre
sentatives iff the people when they came together ?
I l.ey passed the first act on tlie subject towards th®
latter end of November, it was, on the 1st Decem
ber. reported in the Senate, is duly enrolled. Il was
s'gued by thi* Governor on the next day—the 2d
Dec. Un the 4th of Dec. the Governor informed lh«
Legislature by message, that Die law would not an
swer the purpose intended—(Journal Senate,