Newspaper Page Text
From the MilhdgtvUlt Journal luzlra,8lhinst.
This day, at 12 o'clock, tha Governor trans
mitted to bo:h brandies of the Legislature the
following
Message*.
Hkpauturnt. Oa. (
MilkJg'reUlt, A it;, 8, 13!H. $
. In obedience to oSirial duty, I procoeil to lay
before you an account of the transactions of the
Executive branch of tha Oovermneut, daring tho
past year, and to recommend to your c onsidera
tion, .such measures as are deemed beneficial to
tho State.
Tho resolutions which were passed immediately
previous to the adjournment of your last session,
upon tha subject of tho citation of the Cluet Jus
tice of the United States, were carried into effect.
The. Iudian Tassels paid the forfeit of lus life
riecordiug to the demand of the law, which he had
violated. A writ of error to stay the proceeding?
of tho superior court in that case had been sanc
tioned by tile Chief Justice, and like tho citation
to the Governor, sent through tho Post Office to
tho officer, whose conduct it was intended to con
trol, thereby evincing the disposition not only to
disregard the highest (lowers of the State, but to
trifle with its officers, by attempting to deter them
(rout the discharge of what was necessarily a very
responsible and painful duty.
Within a few days after tho execution of Tas
sels, a lettor was received from John Ross, in
which he states, that the Chcrokees were about
to apply to the Supreme Court of tho U. States,
for an injunction to restrain the State from exerci
sing jurisdiction over them. This letter was ac
companied by a printed paper without signature,
purporting to ho a bill in equity brought by the
Cherokee intion against the State of Georgia.
In a previous message to the Legislature, I had
expressed the opinion that the State could not
consistently with a proper respect for its own sov
ereign rights, become a party before any court for
tbo determination of tho question, whether it had
tho power of subjecting tho people who reside,
within its itckuowledged limits, to tho operation
of its laws. That opinion having remained un
changed, no official notice avas taken of this pro
ceeding. The Supreme Court however took ju
risdiction of tho case, but finally dismissed it upon
tho ground that the Cherokees were not a foreign
nation.
In making this decision, the court thought pro
per to depart from the discussion of the particular
point before it, to express opinions exceedingly
disrespectful to tho State, injurious to its rights,
calculated to thwart tho policy of the General
Government, and to keep olive the excitement
which has arisen out of the conduct of our Iudian
affairs.
Thecmut affirms, that no case could be better
calculated to excite its sympathy, than tho con-
Jnrt «r o..^i» «<» slw (’lipriiUp.M; that thov
. havo been continually deprived of their lands,
until they at present retain uo more than is neces
sary for their comfortable subsistence; that they
form a State capable of governing themselves;
that tha acts of the government recognize thorn
to be a State; gnu that-tb.e courts are bouud by
thoso acts, that they have tho- unquestionable
aud hitherto unquestioned right to tho lauds which
they occupy, ami intimate to them that it will re
dress their \vrong3 when the application is made
in proper form. v ..
Permit mo to call your attention briefly to
these several statements of the court.
And what wrong ha3 Georgia done to its In
dian people to call for * k: —* J:
thy of tho court! They are in tho peaceable pos.
session of their occupant rights. Intruders have
been removed from among them by severe penal
laws. Nono of tho burdons of government have
been imposed upon them.—Instead of boing re
duced to a remnant of laud not more than suffici
ent for their comfortable subsistence, they are in
possession of near five millions of acres in this
Stato alone, of which the aborigines do uot cul
tivate more than five tbousaud. They are indeed
becoming more and moro destitute. Not how-
evor, from want of land, but because their station
is unsuitable for tho improvement and happiness
of an Indian people.
, 1 J it true that tho Chorokccs have an unques
tionable right to tho lands which they occupy!
Thcso lands forrajiortieus of the territory of tno
States of North Carolina, Tennessee, Alabama
and Georgia. That portion which is in Tennes
see was ceded by North Carolina to tho United
States, upon the express condition, that it should
form a common fund for the benefit of tho Union,
and be applied to the payment of tho public debt.
That portion which is in Alabama, was sold to
tltoU S. by this State, for a valuable consideration,
and boforoany attempt had been made to extin
guish the title of tho Indians, or to exercise juris
diction over them. Inconsequence of which sale
it was made a condition of tno admission of the
State of Alabama into tho Union, that it should
disclaim all title to tho Indian lands withiu its
limits, the United States declaring by law that it
had tho solo and exclusive power to disposo of
thom.--.-Tho United States lias acknowledged
that tiiis State has both tho right of soil and jur
isdiction over that portion which is within its U-
niits, —
It is difficult to conceive of any proposition
tending to moro absurd consequences, titan that
laid down by the court, that any Indian tribo
with which tho United States forms contracts, to
which tho terra treaty maybe affixed, becomes a
nation, capable of governing itself, and entitled
to tho recognition of the courts, as States. It
would brin" into being hundreds of States, utter
ly incapable of self-defence, or exercising one
attribute of National Sovereignty. If the opin
ion of the court be correct, then all the territory
which was acquired by tho original thirteen pro
vincial governments of various Indian tribes, is
yet the property of tho aborigines, because tho
tretties by which it was obtained were invalid,
not having been made by the King of Great Bri
tain, who alone bad the power of entering into na
tional compacts.
Another difficulty equally cmbarrassii^ would
arise out of our relations with the Cncrokoes
themselves. • A few years ago, tho United States
removed a portion of that tribo to the West of tho
Mississippi, and placed them upon tho public
lands, and have stneo made them several treaties
with them. Which is now tho Cherokee nation,
the Indians who reside on tho lands nf the United
States,, or those within Georgia! But whatever
obligations the United States may have incurred
by its_ contracts with the Chcrokees, it has no
constitutional authority to limit or in any manner
alter the territorial rights, which belonged to this
State, when it became a member of uio Union.
Upon nO'subject has there been more mis
representation than' in relation to tho govern
ment of the Cherokees, .and the civilization of
the people of that tribe. Upon examination it
will be found that tho aboriginal peoplo aro as
ignorant, thoughtless and improvident as for
merly, without any of the spirit and character
which distinguished them when war was their
employment, and their support derived from the
forest. That none of them in this State, with
the exception of one family, havo acquired pro
perty, or been at all benefited by the improve
ments which have been made by others among
them- _ That the Citicf, tho - President of tho
Council, the Judges, Marshal and Sheriffs, and
most other persons concerned in the adminis
tration of the Government aro th-s descendants of
"SWopeanj, sail tunny ol'them ciuVii, ut il,i,
-UW-J the Hujiiiniug States: tin,I that the Indian,
instead <>. living under their own siiiip!e.u«x<-,
aud customs, havo been compelled to^ubmit to
a system of laws and police, wholly unsuited to
their condition.
Immediately after tho law was passed au
thorizing tho formation of a guard, forty mount
ed men ivere organized under the direction of
active and intelligent commanders, and stationed
within tlio territory occupied by the Cherokees,
with orders to prevent trespasses upon the Gold
Mines, to suppress tha authority of tlte Indian
Chiefs, and to remove all white men front among
the Chcrokees, who did not ohtaiu licenses to
continue their residence as required by law.
This duty his been peformed iu a manner which
has reflected great credit on the guard aud its
commanders, ami rendered the most csseutial
service to tha State. The difficulty of removing
lawless persons from tho mines, proved to lie
greater than had been at first anticipated, and
wav'CIfty'THtprcome by the use of the most vigor
ous measures.'XThe Mines aro however situated
so far apart froffiveach other, that it has been
,*>11 ad impossible to prevent occasional trespasses
tipotl them. This can only be prevented by
having them worked under, the authority of
St An unexpected difficulty has boon placed in
the way of an ci2cie-"t protection of tho mines,
by tha decision which i. HS * ief!1 ! '"“do by
the Judge of tho Western circuits, that the law
which renders it penal for Indians t0 “'8 ' 0I J 6®™
is unconstitutional. It having bdpn ,uad0 f ne
special duty of the Governor, to take p 1 }ss? ss,<m
of the mines, and to defend them from trespass
and having no doubt about tlte constitutionality
of the law, I considered myself compelled to obey
its requirements. Orders were accordingly giv
en to the guard, to arrest all persons who might
attempt to dig for gold, leaving it to the Judicia
ry officers to commit or discharge as they might
think proper.—These orders have as yet pre
vented intrusions. This will not however con
tinue to be the case, if it should bo ascertained
that the law may lie violated with impnuity.
There is also reason to apprehend, that the de
cision of the Court lias thrown au almost insuper
able obstacle iu the way of the efforts, which are
now making by tho United States, to induce the
Cherokees to emigrate.
Of tlte white men who havo been residing a-
inong tho Chcrokees, two hundred aud three
have takcu the oath to support tho -Constitution
and laws of the State, and received licenses to
continue their residence. A most obstinate and
perverso opposition has been made to the au
thority of tno State, by cortam persons repre
senting themselves to he religious Missionaries,
and particularly thoso who have acted under the
direction of the Board of Foreign Missions iu
Boston. Although some scctariau zeal was for
tho moment excited through various misrepre
sentations of the conduct of the government to
wards thcso men, it soou passed away, when it
was discovered that jthey had been as actively
opposed to tlte policy- of the General Govern
ments to the enforcement of the laws of Georgia;
that they had been treated with groat forbear
ance, ami that they were tho mere instruments
in tho hands of others, of promoting mid ex
tending party strife. It is an honorable dis
tinction that belongs to our country, that its citi
zens are neither proscribed for their religious
opinions nor protected by them from puuisb-
ment for crime. Twelve persons have been
convicted for illegal residence, aud sentenced to
confinement in the Penitentiary. They have
all been pardoned upon the condition that they
would not again offend against the laws, except
two of tho agents of tho Boston Board, who re
fused to bo the subjects of Executive Clomen-
cy, upon such terms.
The enforcement of the Cherokee laws, has
been completely suppressed within this State.
No disposition lias howevor been evinced on the
part 01 tho Indians, to become members of our
communtiy. Tho mass of the poopie are indeed
not prepared for it, and woida no doubt have
long since accepted the offers of the United States
Government, to give them possession of a terri
tory to the West of the Mississippi, in exchange
for their present occupant rights, hut for the con
trolling influence of a class among them, almost
oxclusivoly made up of the descendants of tho
whites; aud even that class would perhaps before
this time have consented to remove, but for tho
support and encouragement which they have re
ceived from different parts of our country, and
tlte importance which their loaders havo acquir
ed, by being made tho instruments of exciting
tho people to oppose the measures of their Gov
ernment, and directing popular resentment n-
gainst those who administer it. Tho Stnte owes
it to itself, to put an end to this stato of things,
so far as it can be done consistently with tho
rights of the aborigines.
For this purpose I would specially recom
mend, that you pass laws requiring under ad
equate penalties, all the Cherokees who havo,
rcceivod reservations in fee, or been paid for
t'teir improvements and who have again settled
upon tho lauds occupied by the tribe within this
state, to removo therefrom.
The law for survoying tho Cherokeo Territory,
into sections and districts, has been executed with
out difficulty. One of tho surveyors (Benj. H.
Sturgcs,} foiled to perform tho duty assigned him.
His bond remains to be sued upon for the return
of the public money, which ho received and has
not accounted for.
The Territory surveyed has been organized by
tho election of two Justices of the Peace and two
Constables in each section. Thcso means howe
ver are entirely ihadequate to tho execution of
the law, or tho preservation of order. The for
mation of a county to be composed of all tho
Territory occupied by tlte Cherokees within the
State, and which now forms parts of the coun
ties of Carroll, DoKalb, Gwinnett, Hall and Ha
bersham, is perhaps a necessary measure to give
protection to the rights of the people and briug
into subordination thoso of tho Chcrokees who
may otherwise disregard the authority of tho Go
vernment.
Tho Agent who was appointed to rent the pos
sessions relinquished by Indian emigrants, has
performed that service. According to his report
the number of the lessees are ninety-six, and the
rout contracted to -bo paid for tlte year seven
thousand six hundred and six dollars.
Any attempt to removo tho Cherokees during
the pendency of their application to tho Supreme
Court, was considered useless. The opinions ex
pressed by tlte Court in. making its dccisiou, aud
tho use which was made of them, rendered it
highly improbable that the General Government
could treat successfully with the Chiefs. From
information derived from various sources, I was
convinced that the Chcrokees could not under
existing circumstances be removed except by in
dividuals and families. Letters were according
ly addressed to the President aud Secretary of
War, urging tho adoption of -this plan, anu the
right of the State to have the Indians removed
from within its chartered limits independently of
1 have acquired, and the large a*
bo the result of his measures if Ktpnorted toAe JjK’wiKEdffi been expended,
the authorities of this Slate— mount 01 c p - • - that it cauuot be
the success or propriety of tho general policy of
tho United States, as an act of justico arising from
the contract of 1802. You will perceive in tho
President's answer, his strong desire to gratify
the State. Through some oversight in tho War
Department, the noccssary instructions were not
made out for opening tho offices of emigration,
until the present distinguished head of that De
partment came into office. You will find in the
papers which are laid-before you, the fullest evi
dence tint tho President is now using all the
minus (.laced at bis command to induce tho Che-
tehees (wareably to relinquish their occupant
rights; There is little doubt hut tV,; sue jess will
proper manner by the authorities
Permit me particularly, to recommend, that you
pass resolutions authorizing tho President to grant
reservations in foe of such quantities of laud, as
may ho amply sufficient for their support, to all
tho Cherokees who are actuol cultivators ol the
soil to any extent, and who may desire to remain
within the State and subject to its laws, upon con
sideration that the I'nilod States Government
will pay to the State a reasonable valuation tliere-
101 The law which was passed at your last session,
for tlte survey and distribution ol the Cherokee
lands, Was not to he carried into effect until the
title of tho Cherokees was extinguished by the
President, or until further legislation. As the In
dian title has not as yet beou extinguished, it wit
he necessary for you to detoriniuo whither any,
or what further legislation shall bo had upon this
subject. Permit mo most respectfully to ex(?re»s
ilio opinion, that the condition upon winch th.at
law was to go into operation, ought not to J>e
repealed. If it should, and the Cherokee lauds
be distributed according to its provision, the effect
would be, to deprive our Indian populwton
entirely of their possessions without their cou-
sent aud without any equivalent. The character
of the State, the interest of the Uuion, respect
for public opinion and the rights of the Indians,
forbid that so gross an act of injustice should b;
committed. .
Although the rights of soil and jurisdiction are
attributes of sovereignty which beloitgoil to the
i .^tatc, when it became independent, and with
Wi’icb it has never partod, and in tlte exercise ol
which i* c’uuot be constitutionally controlled by
,l,„ iTniton' spates, it does not follow that those
rights authorize tn?-State to place the Indians
beyond its protection, or take from them their
possessions, to he distribute d exclusively among
another portion ofits population*
Copies of resolutions passed by the Legislatures
of several of the States, upon subject? of general
concern, are laid before you. Your attention ts
particularly called to those from Massachusetts
and Connecticut, charging this State with the
design of dissolving the Union, because of its ex
pressed determination not to permit the Supremo
Court to control its jurisdiction over crimes com
mitted within iu limits. It is much to he regret
ted that the prejudices and unfriendly feelings
which have already been excited among tho peo
ple of different sections of our Country, by jar
ring and local interests, should he embittered by
unnecessary intermeddling of one State with the
affairs of another. In what Georgia has done,
aud what Masachusc-tts and Connecticut con
demn, others have only perceived tho fixed re
solve of the Stato to sustain iu constitutional
rights. Georgia, has claimed up right to nullify
[the verbiage of tho day) the Acts of the General
Government, and only demands an exemption
from attempts to control its authority whilst ex
ercised upon such subjects as arc within its exclu
sive jurisdiction.
In the month of May last, the whole of the in
terior buildings of the Penitentiary were consum
ed by fire, together with a large quantity of its
manufactured articles and raw materials. The
Guard by the assistance of the citizens of this
place and the officers of the Institution, were en
abled to prevent the escape of any of the convicu.
They were immediately employed by tho direc
tion of the Inspectors in preparing tomporaiy
prisons aud work shops, in removing the walls
aud rubbish of the destroyed buildings, and in
aiding in the erection of cells for solitary confine
ment. Iu consequence of this application of the
labor of the convicts and the loss of materials
which imd been prepared for manufacture and
which could not bo readily supplied, the amount
of sales during the past year have been very small
and wholly insufficient to support the institution.
Seveuty five cells for solitary confinement have
been nearly completed. They are constructed
of tho most durable materials, and in such man
ner as effectually to prevent the communication
of the prisoners with each other, their escape,
and all future risk from fire.
From indications of public opinion in various
C arts of tho Stato, since the destruction of the
uildings of the Penitentiary, tiicro is no doubt
but that an effort will bo made during your pre
sent session, to abandon the system of Penitentiary
punishment altogether. The well being of our
ro|nmunity is deeply concerned in the course
which you may pursue. The Penitentiary has as
yet been encountering the difficulties which are
cesessarily attendant upon all great and novel un
dertakings. Its officers have been unexperienced,
the buildings unfit for the purposes for which they
were designed, and its entire police exceedingly
defective. Instead of being fostered as a favor
ite institution by tho State, it has met with cun
slant opposition. It ought not therefore to be
matter of surprize, that it has not produced the
entire good effects that were anticipated from it.
Tjho question for your determination should uot
be, whether you will abandon tho Penitentiary,
on account ofits present defects, but whether it
caimotbe so improved as to prevent tho commis
sion ot crimes with moro certainty than public
whipping, pillory, branding, imprisonment in the
common jails and hanging.
It is objected to tho Penitentiary that it has
been a continued expenso to the State. Admit
ting this to be true, ought tho expenditure of a
few thousand dollars annually tone a matter of
auy consideration to the Legislature, in adopting
the best means of preserving tho reputation, lives,
property and personal liberty of every member of
tho community, from the lawless attacks of the
vicious and tho violent! From the result of the
alterations which were made in the government of
the Penitentiary three years ago, and what has
been effocted in similar institutions in other states,
it is confidently believed that this objection may
bo removed altogether.
' It has also been urged against tho Peniten
tiary, that it has not succeeded in reforming
convicts. It may well be doubted whether hu
man institutions can effect much iu transforming
vicious into virtuous men. But whatever might
bo effected in reforming convicts, wo have had no
reason to expect any such consequence from our
Penitentiary, because until tlte appropriation for
building cells for solitary confinement, its manner
of punishment was only calculated to corrupt and
degrade them. All classes have been put togeth
er in tho samo rooms at night, aud no efficient re-
straints placed upon their intercourse during the
day. The great advantage of the Penitentiary
System consists in its withdrawing from the com
munity fora length of time its most vicious mem
bers, and so operating upon tho imagination nnd
fears of bad men, by its peculiar form of punish
ment, as to prevent the actual commission of
crimes. Tho habit of idleness and improper as
sociations produco most of the oHV.nccs against so
ciety. It is therefore, that constant compulsory
labor and entire seclusion from all intercourse
with others, is the most dreadful as well as the
most effectual punishment. When it is consider
ed that no Stato has ever abandoned this mode
of punishment, that it has been greatly improv-
ed of late years la many of tho institutions ofo-
thor States; that in sorao of them largo profits
nave been realized from tiio labor of the couvicts;
and that in others scarcely any instances occur
or second commitments; is it not reasonable to
ascribe tho failure of the Penitentiary iu this
State, rather to the defective manner in which it
has been managed, titan to tho imperfection of
the system itself! Is it not due to our character
for firmness and consistency of purpose, to make
a lull and fair exfiertiiieiit before it » abandoned!
Q-tgllt we to throw away oil thr valuable ,
without h thorough conviction, that
rendered useful! Entertaining these opinion*, 1
feel it my dutf most earnestly mid respectfully to
recommend that the Penitentiary be rebuilt ac
cording to tlte most approved model, that the
number of cells for solitary confinement, wwc.it
have been directed to he built be completed; and
that tlie necessary laws for reuderiug 113 police ci-
feclive be passed, iu addition- to tlte appropi ra
tion which will lie required for this purpose, a
further sum will he watitiug for the purchase ol
materials for manufacture aud the immediate
support of the institution.
t ile bill which was passed at your last session
to regulate the internal police of tho Pemtemtta-
ry, was considered unconstitutional, and'there
fore not sigued. The reasons lor withholding my
signature, together with copies ol the bill, accom
pany this message. ....
Tho members of the Guard of tlte Icmtentiary
aro at present under no control, because the law
which directs tlte tnauuer of their punishment
cannot be enforced. I would therefore recom
mend that you define specifically what acts of the
mourners of the Guard, as such, shall lie made
criminal, affix to them their proper punishment,
aud subject them to the jurisdiction ol the Supe
rior Court. . , .
Tiie resolutions which passed at your last ses
s 011 authorizing me to appoiut a Board to be
composed of three officers, whose duty it should
be to review tho Militia -OW, aud recommend
such alterations as they might consider necessary
to establish a correct system, by sAme mauver-
tenee failed to receive the signatures df the offi
cers of the ilouse of Representatives, and cou.d
uot therefore be curried into effect.
The returns of tho Brigade inspectors atiJ r ®‘
ports from other officers show, that the militia is
m a state of disorganization tliroughuut the
State. Tlte prevalence of tlte opinion that no
effective discipline can ho acquired in time of
peace, from militia trainings, has created among
tlte people suclt an indisposition to submit to the
requirements of the present laws, as to render it
very doubtful whether any additional enactments
could bo enforced. I would therefore suggest
for your consideration whether, instead of devi
sing new plans for improving and enforcing dis
cipline, good policy docs not require tho repeal
oi tho provisions which experience has shewn
cauuot bo executed beneficially, particularly' their
present harassing and useless penalties, and that
the whole system be rendered as simple and as
easily executed as possible.—Au enrollment
of all persons able to hear arms with an an
nual review'in each county, would it is be
lieved answer all tho purposes of a militia sys
tem in time of peace, and especially if additional
encouragement should be given to tho formation
of volunteer corps. It is uot intended by this re
commendation to impuga tlte truth of the maxim,
that the militia of this country form its surest de-
feuce. Tho truth of that maxim does not de
tried, atul to direct the manner « I
* h^in ry - is 1° b ° ‘ ii r sp ,° sc 2 of ' if th ° detenia
shall ho in iavor of tho State enjl r
You are referred to tho reports of a, .
intemleuts for an account of n,„ 1 e ^
road which has been made by thH
hands. 1 lie expenditures of tb a I
for the three first quavtes of the prtS H
amounted to tlte sum of 917,51s GO
ated, that the annual appropriation 0 fil
will prove deficient by tfie sum of 1
deficiency should ho supplied as .oonTJ
This state has as yet made no exertiJl
fit by the groat improvements which 1,7.1
lately made 111 the means of transp - *
UIUUU IU me means Ol iransportatin„ I
s livable interest has been manifested u,, I
pie during the past year upon this subject ,1
is hoped, will lead to some nractirai .>1
_ hoped, win teau to some practical
lictal result. 81111
I would recommend to your favor,™
sidciation, a communication which hash,
ceived from a citizen cf Hall county a
which accompanies tiiis message, eiviiV
tailed statement of the pesent difficulty
obstruct tho navigation of the upper
Ghatahoochie river, an estimate of the,
of removing thum, and tho advantages tW
result therefrom. Without adopting
the views contained iu that cotmnmL
would observe that the productions of ih
tiou of the state, which is situated ,
head-waters of the Savannah and Cl
chie rivers, consist of coru, wheat, toliac™
and lime, all heavy articles, which lose >'
portion of their valuo from the great coit
ryiug them to market, and cauuot tlierefc
made to add their proper proportion 1
wealth of the state or ofl'er tho full reward
ilnstry, until the present moans of transnoi
are improved. 1
During the last summer, tho Creek h
oil the borders of this State became ia|
pend upott the superior discipline which tho mi
litia can by any training acquire over regular
troops, but the persevering spirit and patriotism
with which the citizens of a government who en
joy tho advantages of civil and political liber
ty, will always defend their rights. The ques
tion which is presented to you is, whether tk<
burdens of the present militia system when con
sidered in connection with its inefficiency, dor
not detract more from the value of our privileges
t:ian any knowledge of the art of war it com
municates, adds to their security.
I feel it my duty to call your attention special
ly to the necessity of reforming tho constitution,
Gy equalizing the representation of the prop,
and reducing the number ol the members oi t,a-
Legislature, in theory all admit that tlte peu,
are entitled to a general equality of political
power, as tho surest menus of securing to ev.ry
one an equality of civil rights. From the acqui
sitiou of additional territory, and tlte division ol
the original counties, the rule of representation
fixed by the constitution, has become so unequal
that one third of tho people ore now ill the en
joymeut, through their representatives, of an 0-
qual power in the government of the State, to
the other two thirds. Most of tho counties
which havo thus acquired unuudue proportion ol
power, ore in tho same section uf tlte state,
which from its climato and soil, must always he
sparsely populated, so that the inequality ol re
presentation which oxists at present, must contin
ue to increase. It is true that no very injurious
consequences havo, as yet, proceeded from tin
inequality, because it has been brought abou.
gradually, and has not until very lately been tin.
subject oi public attention 'anu interest. 1- ac
tions, sectional jealousies, partial laws, and the
unequal distribution of the public fun is, must re
suit iroui the present state of things, il the mmu.
ity continue to oppose with success tho oxptcss
ed will ol the people lor the restoration 01 th-
constitution to its true principles. The publi,
good therefore requires that au alteration should
be efl'eeted as soou as possible. According to
the constitution at thy time of its formation, the
Semite was composed of tweuty-four members
aud the ilouse of Representatives of sixty-two
At present the Senate iias seveuiy-eight member,
auu tne uousu uue hundred aud forty-two. The
consequences of this vhange have boen an in
creased expenditure for tho support ol the gov
ernment, numerous local aud private laws and
au uncertain mid varying policy in the conduct
ol public affairs. It is specially necessary that
the prescut organization of the Senate should be
so altered as to reduce the number of its mem
bers to what it was urigiually, and thereby make
that body au efficient cheek upon useless und
improvident legislation, aud dostroy the nailed
action which now takes plato between tlio Sen
ator and Representatives of the counties, and
produces our vast superfluity of local and private
laws. If two-thirds of tho Legislature cannot bo
induced to voto for tut ameudmeut of tho consti
tution, acconhng to the expressed wiU of tho peo
ple upon tiiis subject, I would recommend that
it be referred to the people themselves, aud that
resolutions, ho passed, advising them to elect
members to a convention for that purpose.
Thu Congress of the United States having fail
ed at its lust sesssion to accept the terms pro
posed by the Legislature for the ascertainment
oftlio dividing line between uiis State aud the
territory of Florida, 1 procedcu to cause th.it liue
to be run by two commissioners, au ur;ist aud
surveyor, as directed by your resolutions. The
President was, lufonued of the time and place of
their meeting to enter upon the discharge of this
duty, and m answer stated his inteutioii of laying
the subject bclurc Congress at its next session.
The Commissioners alter tho most accurate
examination ot tlte different struems which from
tho Riyer St. Mary's, and the surrounding coun
try, come to the conclusion upon evidence which
is believed to be perfectly satisfactory, that tho
head of the St. Murys, as defined in tho trea y
of 17U5, was to be found at the source of its mid-
dlo or western brunch, that stream being longer,
having more water trad agreeing bettor with
contemporaneous opinioq than either of its
brandies. The quantity of land between the
lino run by tho Commissioners and that from tho
juuctjun of the Chattuhoochio aud Flint rivers, to
tho placo designated by Ellicott, and the Spanisli
Commissioners, for the head of tho 8t. Mary’s, is
one million three huudred thousand acres. Most
of it is exceedingly sterile, but intersected occa
sionally with tracts of very productive soil.—
Much of that which is valuable has been already
solil mid gvanted by tho United States. I twill ing privileges been moro eag
Ltircfuru.:.*o uorcssary for y,-m *0 have t’.p •itF> vtj)j>u at pr'«ent, kfhanifyirstinp
wJth the.,Small pox.
was excited among tho pel,. vvni
should extend to them, was increased frci
circumstai.’co that the Indians were at thai
in a starving condition, and pressiii* i„.
limits, particularly the town ofColumh
procure the means of subsistence. V
quarantine regulations were adopted by
tliorities of that town, to preveut all im*, 0
between its inhabitants and th? persons hU
diseased or had been exposed to c
These proceedings were sanctioned by
■artincut, as were similar proceedings aj]
.y tho Justices of the Infenor Court of
county. The expenses incurred have a
ed to the sum of $904-48. Copies of,
papers upon this subject, are herewith ci
ideated. The laws for the regulation oft
tine, aud to prevent the spreading of
gious diseases, are so indefinite that it was,
exceedingly diilicult to determine, what 1
they imposed upon this Department.
The liberality of the Legislature in addii
the endowment of tho College, has ena!
Trustees to replace tho building which n,
troyed during the last year, contract for
rectiou of a chapel sufficient for the accomod]
of the numerous visitors, who attend the ai
College commencements, create two addii,
i'rolcssursltips, aud hil ono which was vaca]
There is every reason to hope that the Stal
lie amply repaid for tho support which
thus giv, u to its principal seminary of lei
111 die unproved capacity of its young a,
•orvo the public faithfully aud with ability.
1 ne Trustees have been very much emhi
eiiby the legal requirement that they 1
>*oard aiid educate at the Culicge oue
outli from each couuty, ou account of"
jiv ot the Legislature to provide thene
i au.is for that (iurpose.
i’bc Academic and l’oor school funds
uc.to be paid away from the Treasury, nil
auy security that they will be applied pro;
to effect the object, for which they are ap|iro|
ted. Indeed we appear to have been cip
mg the public inoucy more with the view of
pressing our cuiiviclion of tlte importance ofi
cation, to a free people, than of actually i
mg its advantages.—Wo liavo been pacing
to academics that have only an uleiii cti:
and for the education of tho poor, where
cluss can scarcely be said to exist, and 1
require its advantages. The anunal tc[
the Trustees of these funds prove that they
rendered no public benefit, at all, equivalei
the amount which has bccu expended,' soli
.'lauding that there havo been particular it>t>
•lithe very useful application of both, il
well bo doubted whether tlte present (dun
preprinting the public funds to iho piuyo.
education is not radically defective, il ife
pie are to bo educated attho public tt|
ought uot primacy schools to be established
Vary district and made common L all the
, ren of tho State.
Tlio laws upon several subjects sf general
torest have become so multiplied aiuliu* '"'
stances so contradictory in their proving
to render a careful revisal, of them enecili
necessary. I would call your atteutios pr
l.irly to the defects of our electiou laws,
tiiuusauds of election returns annually .
at this Department, scarcely one is l “
act conformity with tho law. There "
iioen one huudred laws passed upoa tha
ject, during the last six years, eatb vs
iu iu provisions from tho other, without any
ceivublo object. Perhaps the multipla* 1 ;
contrariety of their enactments, caunot he
strikingly exemplified than from, the Let,
eighteen different degrees of puuishmcut
prescribed lor the same offence in the law*,
atone session, and that by the law of t»
session directing the eloctiun of.survcyore 10 1
couuty to survey tile Cherokee territory, iw
perintendcuts were directed to make tlidrrf
under their “hands and seals,” and that ■
seventy-six returns which havo bccu rccr
tlte law has not heen complied w th u *
instance. The duty of this Department 11
Icrmining upon the legality of ilcttion*. =
rcudered exceedingly laborious aiuldihou
no commissions are signed except upon iw
deuce that elections are held iu strict eon
with the law, the counties will be without®"*
und if a different course is pursued the 1 *
comes nugatory—Tho best remedy f° r . ui _ f
culties would seem to bo tho substitution
general law of simple nnd explicit reqaWJ
for all that are now in force Upon •‘ U3 . 5 V . a
In tompliauce with a request of the M
ture, 1 addressed a letter to the SWcth
the Dti.Lu Bank, asking of them to •>
what terms they were willing to di«p os
stock to the state. The copy oi that
gother with the answers received, are ‘a,
communicated. The offers of sale have ^
few; and at but very small discount. ^
lioved that tlio purchase upon any ' e ™'
be att exceedingly unprofitable apphe* 1
public funds. , .a-hlll
1 tranvinit copies of the Beporls ■
been received from the different Bans**
The notes of our Domestic Banks furL .
sent tho entire circu atiug medium <> „
It is therefore of great importance ^ y
government, and th people, 10 p
should be so regulated and controite ■ ^
vent the evils ol a > n o il' ciii'icne).
standing our staple produi 'ions ba'^
btautly declining in price for the V
tho number of our Banks have her ,
And at no time Ipretofe"*^ j
more eagerly