Macon telegraph. (Macon, Ga.) 1826-1832, November 12, 1831, Image 2

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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