Newspaper Page Text
(OSAM EMlll BARTLETT— EDITOR,]
’ “ THE £
cfiV Mrxcsm:
-—■jTllbiSid everyday, in Sf*tmnah, G ;>
V at ‘ ie buni3cto season, and ‘Three times a
flu rin nmr tn e summer months, at Eight Dollars
P a ? able
‘ r iiE SAVASS.UI MERCURY,
1 ‘ (roll THE COUSTKV,)
rll hp published every Monday, Wednesday,
‘ 1 c, j H v. at. Six Dfcdhirs pc.’ annum. Phis sheet
*‘ ‘ ■ I* 1 ii’iado U P °** Dm two * nner es the
*'• /L>er, containing all the news, new adver-
SSk &c -
THE Alters
, | 1( , compiled Prom the Savannah Mercury,
’ i )? ,tain a selection of the leading and most
*l,-siih!r articles of the Daily papers. Adver
-5,l p n ?s~’wiH be generally excluded, and the
t will be principally fdled with reading matter.
Dollars per annum, or Three Dol
< if paid n advance.
* rv qdrertisenewts itil? he published in both pa
st ants par square of 14 lines for tin first
Lilian nUSI’ rents for each rontinytwn.
, r 7 >; i ,o‘n ations respecting the business
r s t!i( Ojjwe, mUSt b e addressed to the Editor, post
and
Sales of land and negroes by Administrators,
v ec"‘ or Guardians, are required by law, to
v. !,i oathe tirst Tuesday in the month, bel ween
(i-. 1 hours often o'clock in the forenoon and three
\ *Pem<>on. at the Court-House of the Coun
ui! which the property is situated. Notice of
/ ..v <nlesinst be given in a public Gaxette
siitii days previous to the day of sale.
Notice of the sale of personal property must be
given in like manner, Jorty days previous to the
sty o* sale.
Notice *o the debtors and creditors ot an estate,
must be published for forty days.
Notice that application will be made to the Court
0 f Ordinary for leave to sell *land, must be pub
-0 lied four months.
Trisa
fc?avann ah, Friday, Nov. 7, 1828.
priiUk Dry Goods, 55 a 02 1 per cent, adv
Bacon, • 1-2 a 7 1-2 cents per lb.
u Hums, 10.
Butter, lb a 20 rts. per lb.
>< JVorthern , inferior quality , 10 a 13
Urring, Dundee V Inverness, 21 a 22 cts. dull
” Tote, 19 a 20.
Brandy, Cognac, Vtard, Dupuy Co's, brand , 1
’ a 1 50.
<■ other brands, $1 a 120—dull.
Cotton, Uplands, new crop, 1) 1-4 to 10.
i. Sea Islands, 22 a 30, and abuce for fine
marks.
Corn, per bushel —retailing from stores at 45 a 50
cargo,, no sales.
Chase, 8 a 9 cents per lb.
Ciockcrif. 3d a. 35 per cent. adv.
Cvfte, Havana Green , prune, 14 1 a 15.
•* Other qualities 12 a 14—plenty.
Candles, Northern Mould Tallow, 11 cts.
u Georgia, 10
Sperm. 20 a27
Flour, PlilUnleiphia, Haiti more, Richmond and
Me rated via. a 8 25.
bin. Holland, 100 a 115
“ Sortkci n. 34 a 36
J hy, prime . GrtUcrn , l*-f qual. G 2 1-2.
I Hi/son Tea. $1 0a 1 12$ per lb.
I iron, $1 jo a 100 per hun.
third, 6 a ‘J
\hunler.!;eUow pine Ranging Timber, $4 a 0
Steam sawed Lumber. sl6 a 18
Kictr L z inner, Hoai ds, f>aHits 4’ Seanllmg
sl2
Quartered 1]- inch finoring Boards , sl4
V,E‘ fine Hoards, clear, 17 a 18
I Merchantable, $3 alO
I IT 0. Hogsh ads Staves, sls a 18
ItO and 10 a 12
I bugles, rusted, ‘‘ 21-2
I t; boated, ll 3
I ilukml, No. 1. ssl-2
4> 2, $5
“ 3, $4 25
Ifeses, W. India , 32 a 34.
I .'tic- Orleans —none.
I 0-.b xbvrghs, 9 a 10. ‘
WUh prune. sl3.*
I h ai css, ]ij zz 1z •
I Porter,
a 3 50.
Jamaica, 100 a 112$,
I ( [\ rst Didia —none.
1 -V. England , 33 a34 cts.
Bt
■ ytiloic, 5a 6 cents per lb.
Iti ‘ rir J ,ot) G 55
ila cum, white and Brown, none,
I Mutcacodo, 9 1-2 a IJ— ~St. Croix.,
I .Vr ip- Or, cans, 0 1-2 a 9 3-4
I Lj,rud Loaf, 10 1-2 alB 1-2 —Lump 15 al6
I *'*>Rec, Kentucky, Georgia , 2| a 4 cts.
I_ * Manufactured do 8a 30
r4*,B* 9
I :>>; to 20.
EXCHANGE.
If. 1 ‘- n fiand, 8 a 9 Darien Bank Notes , 1 a
■•'e-KTk,W)d> 1 \ a 1 1-2
I . • [■ JV. Carolina S.B. Notes,
IV 4; ?* 50 d 's 5-8 a i 8a 10 dis.
■pp. *;■ f ‘•■ s do j prem State Bank of Georgia,
I;. fifpLa “ payable at the Branch
’ T U ts other than Augusta
■z” , ! °d‘ ] Uo'vn, Is p.c.d li al* percent, dis.
|li, rn . p freights.
’ ?' 8 -'V. York $1 a $t 25
■ ‘ 4 >'-lj a 1 3-8 cts Providence, $1 25
II c REMARKS.
■trt^J T ° N '-'~Siace our last, the demand for this
■fcts u has Uut 1?t ‘ cn quite so brisk, but a fair busi
*Jcen d>ne at irorn 9 1-4 a 9 3-4, and in
Bj^ e - as a ‘ lc es as high as 10 cents has been paid
■b J j , ‘‘ I ‘ e H ua bty. Baies for the last week about
prmci P al iy at 0 1-2 a 9 5-8, for the Li
m,,y UiiriiL ‘t—tiie stock yet continuing small,
■k.-foh ihe low slate of the river. We
I Kit . to llotlce lu islands.
•les. T*y eels with ready sales, as fast as it ar
° hundred tierces have been sold
On* i * “ 75 a $3 50.
•esv ( j O . i “‘ u I’liore has been a very fair busi
■C UUria g the week, tor the country trade.
S - ul 51aiasses nave arrived and uuen
V- fc. i* a i some sales of Whiskey at 29 a3O \
34 cents ; sales ot For to Rico and
■sa’ U ®- irs °* lu, * r quality, at 10 alO 1-2;
Le-.* ts very good to prune Green Coffee
al U 12 a ko cents.
t"; i iu lile e!lf her pari ot tlie week there
c kt j iu r Dus article, and several
V. (l at an advance upon last vveeß s
iioi.i e sa i cs made were mostly at So, aitho’
U6i^‘n g higher prices.
■ h duii , e , lKiVe . nu chiuage to notice ; the ar-
H Dag Cln retailing at 5u cents.
■ oli tmues witiiout any change Trow
M Ntea-i 6 k u!J nations—say ‘2l a 22.
K* 1 3-o • 1 ° Kiverpool, 5-8; to France 1
S .; U > Wew Vork $1 a 1 1-4; to
|h 5 ->, Ito Boston and in
I ‘’ u* a has bcea 9ht*me4.
A-v>OT
THU As DAY MORNING, NOV. 13, 1828.
The last Charleston pipers contain a letter ad
dressed to the lion. R. Y. Hayne, one of the So
Carolina Delegation in Congress, firoin Thomas
R. Mitchell, of the same “nrtmir - which the
latter asserts that a meeting of the South-Caroli
na dclegatua was held at Washington, at the
house of Mr. Hayne, and that a proposition was
formally made by one of their members, that they
should formally secede horn congress, return
home and say to their constituents that their ser
vices were no longer of any use; but that this
proposition was put down by col. Drayton. Mr
Mitchel asserts, that Mr. M’Duifie said, “that in
his opinion there was no other remedy for the
evil [the tariff] than the separation of that state
from the union, and that he, himself teas prepared
to go all lengths Mr. Mitchel further asserts,
that a proposition was made, that the delegation
should on their return home, communicate with
the principal men of tiieir several districts on the
subject of the tariff, explam to them its fatal es
sects on their trade and agricultre, and its aggres
sion on the sovereignty of the state; & finally that
the delegation should meet a Columbia in Octo
ber or November, for the purpose of devising or
maturing sonic plan ot action tor the state govern
ment.
Here then we have the motives of those men
explained, who have been so active in getting up
an excitement against the tariff. There was no
remedy said M Duifie, for the evil, but a separa
tion of the union, and for himself, he was willing
io go all lengths. And to disseminate such opin
ions and sentiments among the people has been
the object of his whiskey speeches and homespun
dinners.
We have received the message of Gov. For
syth to the legislature of this state, and have com
menced its publication. It is a very lengthy, and
as far as we can judge from a very hasty glance*
an interesting documen . It embraces a view o.
the subject of the Florida line, the line between
Alabam- and Georgia, the Indian lands, the peni
tentiary and penal code, the judiciary, ana lastly,
the tariff, and the right of the state ‘to levy dis
criminating taxes. On this subject Gov. Forsy!h
says, ; *The state power of taxation, to which a
resort has been contemplated, although embra
cing all objects within the state, is not unbound
ed. it is limited by the obligations of the unioi
contracted to foreign powers, and our obligation
to the other states, under the federal compact; v
state tax making a discrimination in favor ot or;
1 of the confederacy to the prejudice of either or u
all the rest, would be consistent with our bond t.
union.” It may be set down as certain, therefor
that Gov. Forsyth will set his face directly .
gainst those disunion projects which many of on
politicians have been loudly advocating.
One of the most, important subjects embrace
in the Governor’s message, is tiie proposition t
“extend all the laws of the slate over the territo
ry lying within our limits, occupied by the Cher
okees, and to subject the indians, to the operation
of those laws, and to secure to them immediately
the enjoyment of all civil rights. ’
This proposition, in whatever light it may he
viewed, is an important one, and we hope it w ill
not be acted on, or passed over, without due delib
eration. We will not undertake to say, that the
plan proposed by his excellency, is not one of the
mildest and most rational, among the many which
have previously been discussed, and which have
directly had for their object a coerced removal o f
the indians from our limits, and it may be there
fore. strongly recommended to our consideration*
\et we cannot shut our eves to the fact, that the
execution of it would be attended with great dif
ficulties and vexations. The indians are ignorant |
of those rules of action, to which they are com
manded under penalties, to yield implicit obedi
ence; they are ignorant of the language in which
they are taught, and strangers to to those habits
and feelings, upon which they are founded. Their
obedience therefore, would be yielded with ex
treme reluctance; and not perhaps on numerous
and frequent occasions, without a resort to forci
ble means. And however much the proposi
tion may carry along with it the show of humani
ty and justice, by extending to the indians a par
| ticipation in our civil rights; yet inasmuch, as
■ they are not prepared by habits or education, to
enjoy or value those rights, they may appear to
I them but a poor recompense, for the vexations
and burdens such a system would impose. And
when resolved into its naked principles the propo
sition appears to us to be little else than a scheme
to drive the indians from our territory, “peaceably
if we can, forcibly if we must.” Still however,
as Georgia claims the territory, and seems deter
mined to assert her claim, it may perhaps be bet
ter to adopt this measure, prospective in its opera
tion, than others of more immediate severity.
It deserves to be considered, however, wheth
er this measure may not fail ot is intended ef
fect, viz. the coercing of the indians to accept the
offers of the United States and remove frrtrn our
territory. What would be the consequence of
their remaining within our territory, and having
extended to them, all the riguts and privileges ot
free citizens? May they be trusted with these
privileges, in their present state ot improvement
without danger to themselves and the state? Are
they capable of exercising the elective franchise,
with prudence and discretion; and are the people
of this state, prepared, in habit and feeling, to
see them in the hallo! representatives and the sen
ate chamber, engaged m the important business
of leirislatiun? In snort tne subject oi ou r mdian
relations is one surrounded with uiinculty, and we
hope it will not be ligiitiy passed over.
|
G. M- Troup, Esq. has been elected senator in
congress, from this state, for six years from the
’ 4th of March next.
SAVANNAH, THURSDAY HORNING, NOVEMBER 13, 1828.
LEGISLATURE OF GEORGIA.
On Monday I ns* both Branches of the
General Assembly met at the State House.
In the Senate no business was done except
the members presenting their credentials
and being sworn. On motion o Mr. Pow
ell of Mclntosh the body pos po and its
organization to Tuesday to atK,vi the%r>thi
for Ijh * lection of Elngtorj or President
and Vice President Yesterday they or
ganized, by the choice of Mr. Stocks for
their President and Mr. Hansell for their
Se retary In the House, on Monday,
Mr. Hudson of Putnam, was chosen Speak
ei, and Mr. Dawson, Clerk. No other
business was transacted but the election of
door keeper and messenger, which took up
some time, owing to the great number of
candidates. Ilis Excellency the Governor
having been informed, that both houses
were organized, and ready to receive any
communication he had to make, transmitted
yesterday to both houses the following able
and luminous message, creditable to him &
the state over which he presides. Southron.
Executive Department, )
November 4, 1828. 5
Fellow Citizens of the Senate ,
and House of Representatives,
It is my first duty to invite your atten
tion to the signal Providential favours
which the state has experienced in the
unusual degree of health enjoyed during
the past year by its inhabitants, nd to the
abundance with which a fruitful soil lias so
g nerally rewarded the Üboi bestowed up- •
on if In the gradual improvement of the j
whole state, and m the rapid developement,
of the resources of the*territory last settled
on the Chattahoochie, there is every mo-1
live for mutual congratulations and united
gratitude to Heaven
It would have afforded me the liveliest
satisfaction to have been able to felicitate ,
you on the arrangement of those questions
of interest pending at the adjournment of i
the last General Assembly. They remain
still undecided, and must be the subjects of j
y.ur deliberauou under the changes that
t ;ve been produced since that period.—
i’he line of demarkalion between this slate
.1 nd Florida tins not been traced, nor has
the act df Congress under a particular pro- ;
vision 01 which mu execution of that work j
u conjunction witn the United States, was
uspended, been repealed or modified. — ■
Jouforming 10 the request of the i-eueral
assembly, communications were made to
1 President ol tiie United States, of the
I ons of the State and the grounds oil
nch they rested. The President sub
uitted the whole to Congress Cupies oft
■e reports made by Gominittees of the
oenate and House ol Representatives, and
f all the letters to the President of the
J tilted Stales and 10 the members ol the
relegation in Congress from this suite, are
iUmitted for your exaimuation. The lle-
•it made to the Senate, recosiufi'.;*tetl a
: stpoueroent of Ute whole subject until it
could be ascertained whether or not an
igreemeut uiledgeu to have been made by
Andrew Kilicot and the punish Commis
sioners, who were appointed to run and
mark tiie line in 1796, wa*s among the
archives of the Spanish Government, there
beii.g no evidence tit i.s ever having ocen
among the archives of the United Slates,
I ne subject was nut, therefore, discus
sed in ilie Senate, because a document, the
authenticity of which must depend upon
its having been presented duly executed to
both the governments of the U. States and
Spam, was not in the possession of the U.
States—a paper, the existence of which is
matter oi surmise and which, when produc
| ed; can rhroiv no additional light upon the
1 controversy.
The Report made to the House of Re
| presentative remains to be disposed of, at
ihe cusuing session of congitss. The com
i nutiee have adopted a conclusion adverse
to the State s claim, under a persuasion that
the weight of evidence is against us: a con
clusion cannot suppose will receive the
! sanction of the Representatives ol the
People in the Congress of the U. States,
, It any thing were wanted to strengthen the
; overwhelming evidence ol our right, it
would be found in the enactment oi the
fiist law respecting tins boundary line after
me peace of!7o2 —the act of the General
Assembly tor opening ihe Laud O lice,
. passed on the 17ih of February 1783.
; The 13m section of that act ordains and
< , ...
; ueciatcs, mat the limn, boundary, jurisdic
tion anu authority of tiie state, extends
from the tork ol the Apalachicola,where the
Chattahoochee and Jb iint rivers in a
diiec i me to the head or source of the
I souinermost stream ot the river St Mary,
* anu along the course ol said river St Mary
; to the Atlantic Ocean ; a satislactory proof
j that the souiherinost stream was, at that
day kuowu, or nelu to be, the main branch
oi tne St. iVittiy’s River. Whatever may
be the uecisions ol Congress, if not ap
* proveu by the state, it is not obligatory.—
diuce tne cession ot Florida to the Ftderal
Government, tne state of Georgia is a par
ty in the settlement of this coutroveisy,
no longer representeu by the General Go*
Vfcniiia.il, but liiuepundefiliy asserting ns
rigui, anu to be heuiu belore the compe
tent tribunals on w hose integrity and juug
mem leiiance maybe coutidenily placed
for the final establishment of a. Having
given ibe s rongesl evidence ufour desire
to avoid the ill consequences of agitating
me quesuon before the Judicial Tribunals,
U is for you to consider whether a is pro
per io wail tranquilly the decision of Con
gress, or to take provisionally, measures to
ensure a speedy investigation of oui right,
should congress reluse to repeal or modify
their act of 1825.
The state of Alabama is not yet recon
ciled to the boundary line between us and
the Cliaitaiioocliie to Nickajack. I regret
(hat it has been thought necessary by Ala
bama to protest against the act of Georgia
as an infringement on the rights of her
sister state. Cupids of the protest and the
correspondence with .he governor ot Ala
bama in relation to it, accompany this mes
sage.
The sDlenin promise of the U States,
made in 1802, to remove at their expense
‘the Indians lrom the territory of the state,
is yet to be performed. Os ihe wish and
determination of the Federal Government
in all its Departments, to fulfil that pro
mise as early as practicable, we have re
peated assurances. The policy heretoloie
puisued towards the Indians, the mode of
effecting the purposes of the general gi v
enimeut by contracts with the chiefs of the
Indian Tribes, or with the government
created by those chiels is still persisted in,
nor is there any indication that a change
is contemplated. In 1 his state it is well
known that without a change es policy, the
government of the U States cannot, by a
contract with their government remove the
Cheiokees. The ruleis of that tribe who
have, since the year 1818, systematically
devoted themselves to defeat any attempt
to purchase out their permitted occupation
of our lands, have, as a last resort, adopted
a constitutional form of government. By
this Instrument the annuity paid to the
Tribe Dy the United States, and all the
rights and privileges ol individual Chero
kees are controlled ; a government pro
fessing to be independent, is set up in de
fiance of the authority of the States of
Georgia, Tennessee, Alabama and North
Carolina, upon the territory and within
the jurisdiction of those states. The
Cheiokees have been indeed taidi y in
formed by the Chief Magistrate of the
Union, that this attempt will not make
any change in the relation in which they
stand to the U Mates. The new Gov
ernment, however, contmnes unmolested
to exercise its power, and seeks to strength
en itself by conferring citizenship or oeni
zenship upon such white mechanics as
choose to incorporate with them. Here
within our territory, upon the land forming
a part of our sovereign property, is a gov
ernment exercising authority independent
of ours and denationalizing our citizens in
order to strengthen itself in opposition to
our will.
This state of things cannot be endured.
If the United States are unable, acting 011
the policy to which alone they choose to
adhere, to induce the Cherokees to remove,
and unwilling to vindicate out right over
the persons and territory within our sove*
reignty, in the only practicable mode, our
duty to the people and to posterity requires
that we should act. Os the rig:it ol the
t .eneral Assembly to legislate over all per
sons and all things wuniii our territorial li
mits, on general principles, a doubt canuot
be entertained. Is there any thing in our
Constitution, in the federal Compact to
which we are a party, or in our relation to
the Cherokees, inhabitants of this State,
which impairs, in respect to them, uur sov
ereign right I In the State Constitution
there is no limitation of the legislative pow
er over the Indians within our territory
In the Federal Compact, sacred in our
eyes, to the provisions of which we have
e er looked with veneration, and which we
will be the last to impair, the only clause
which can be tortureu to bear upon the
question, is that which gives to Congress
“ the power to regulato commerce with the
Indian Tribes.’* To the Cherokees with
in the State we owe protection, and to us
they owe obedience. In no instance since
the adoption ofihe Constitution of the U.
States has the authority of a State, exerci
sed over the Indians within .its linns,
been disputed or disregarded. The Pe
nobscota and Passamaquoddies in Massa
chusetts &. Maine, tiie Narragansetts in
Rhode Uland the Senecas and Onondagas,
<&c. in New-Yi.rk, the Choptanhs and
Nauticokes in Maryland, the Pamunkies in
Virginia, the Catavvbas in South Carotin *,
the remnants of various tribes yet existing
in the old thn teen States except North
Carolina and Georgia, are all protected and
governed by State Laws. On what just
princple or plausible pietext can the right
of Georgia, to excercise similar power in
regard to the Cherukees, be resisted? Be
lu.ving that our right is undoubted, that the
excercise of our sovereign pow er is requir
ed by the best interest of ihe State, an im
portant consideration presents itself for ex
amination hat disposition is to be made
of the Cherokees who reside within the
State ? To expel them would be cruel ana
unjust; to leave them as mere tenants
at will, of their preseat settlements would
be a reproach to the character ofihe State,
for incorporation with equality of rights as a
pai l of our political family they are unfit.
Under these reflections, I lecommend to
you to extend all the laws of the State
over ihe territory lying within our limits oc
cupied by the Cheiokees. The Indians
to ue subject as other persons to the ope
ration of those laws—To secure to tiie 111
dians immedately the enjoyment of all ci
vil rights—To gr nt to each Indian family
now living in the State, while they contin -
ue in it, a sufficient body ol land lor their
comfortable support, looking to the Gener
al Government under the compact of 1802,
for the value of the land thus granted, and
for all the expenses that may incurred by
the State in the execution of the proposed
enactments, As an evidence of respectful
Ueference to the U. tales, and of our de
termiuatioa to treat with tenderncs3 tbej
Cherokees, whose fate is to be affected b
■ these regulations, I recommend that the
I operation oi tiie act be prospective—not to
: take effect until the President o: U. States
shall have ample time to ascertain whether
1 the Cherokees choose to remove for a just
equivalent, ot to remain and to submit
themselves to the authority of the State
Government. Aou wifi find in the contract
made by the President of the U. States and
the Arkansas Cherokees, herewith subnul
j ted i a motive for this delay.— l have been
, iidornied by one of our Senators, Mr. Cobb
i that an article in that contract was insulted
for the evpress purpose, aad under the be
lief thai a would be effectual, of enablng the
President to induce the Cherokees in Geor
’ gi.t to remove beyond the Mississippi, and
that tiie whole contract, notwithstanding it
contained many highly objectionable sea
tur.s, was cluehy, if not altogether on our
accoun , approved by the Seuute of U. S.
Having been casually informed that the
creek Indians had given permission to one of
•heir tribe 10 et*ct extensive works near the
Chattahoochee to he supplied with water,
power hy a canal lrom that Rivei, 1 con*
sidercd it necessary to lorbiu the execution
ol the scheme as inconsistent with tne rights
of the bta.e. by ihe correspondence sub*
nutted you win find that ihe President co
inciding in mis opinion, fias directed the
Creek Agent to prevent the Indians from
erecting any such work unless authonZcd
by the Geuerui Assembly of this State;
During the last session of the Legisla
ture, complaints were niuoe of uepreda
tions having been committed in L. e coun
•A'* parties ol Creek Indians, who
crossed the boundary line ju search ol such
means of subsistence as are to be found <u
our parts Since that period similar com
plaints have been made by other frontier
counties, and great appreheusiou has been
more thuu once.l’elt that it would be neces*
sary muse the militaiy. power of the state
to pu iish the Indians for their misconduct
and to drive them beyond tne Boundary
line. The Constitution of the U. Stales
limiting the power ol the state Executive to
cases Ol actual invasion by an enemy, of
such imminent danger as does not aomitof
delay, in the absence of any state law, it
was found necessary, as there was obvi
ously no settled plan of hostility on the
part ol the Indians, to appeal to the Presi
dent ol the U. Suues, keeping him accu - *
rately inloimen ol eveiy new event and
making 111 tlie interim all necessary prepar
ation to act with eflt ct it actual interference
be indispensable Alter much correspon
ds nee wnh the Feoei ai Administration, it
has been thought prCptv to statiou a body
oi troops near the 4; .attahoochie, wi,..se
commander is ch rged to prevent parties of
Indians lrom crossing- into our territory.
Evidence ol all the depreciations commit
ted has been carefully collected under the
authority of the state, and sent to the Cieek
Indian agent, that a demand may be made
on the Creek Tribe according to the law
of the U States. Our citizens who huvo
suffered in property or person have a right
to expect, and wtH no doubt receive even
tual indemnification under the guarantee
ofihe United States contained in the I4ih
section of the act of congress of the 30h
of March 1802 I request your attention
to the numerous papers relating to this sub
ject, and suggest the propriety of some act
authorising the civil and militia officers of
the state to disarm, arrest and send beyond
the Boundary line, any Indian, not a re
sident, who may be found wandering armed
iu our territory
By an act of the General Assembly of
the 22d of December, 1808, jurisdiction i
ceded to the Federal Government, over aj
places which may be thereafter acquit ed b
the United States, for the purpose of end
ing forts or fortifications, with the single
proviso that forts or fortifications shall be
erected thereon The framers of the Fe
deral Constitution seek<ng to procure for
the Government created the necessary and
exclusive jurisdiction over forts and fortifi
cations, &c. fcc. intended to protect he
states against the possible abuse of (hr
power, by making the consent of the stale
Legislature necessary, before {urisdict. 1
could be acquired. A general law, leaving
every thing to the discretion of congress, is
certain)y not according to the spirit nor
, within tire intention of the constitution.—f
Ihe Legislature acting at the time the
pui chase is to be made, can alone judge of
the propriety of granting the exclusive
jurisdiction desiied. It is from no iilioe
ral feeling or unworthy jealousy of the
Federal Government that this act is bro*t
to your notice The repeal of it is neces
sary, not to preserve us from intended in
jury, but that our legislation under the
Constitution may conform to the true
coustruction of that instrument.
The information collected pursuant to the
wishes of your predecessors on the subject
of die Penitentiary System, from other
Spates who have adopted it is laid before
you It would be useless to disguise the
fact that our efforts to execute the cor-,
rective System have not been entirely suc
cessful. Our partial failure is to bo traced
to several distinct causes. The most pro
minent cause is the insuffn iency of the
buildirig> prepared for the purpose, Larg
sums injudiciously expended un a plan so
defective that it is difficult to decide wl eth
er an attempt 10 improve the buildmjs no\
in use, or the appropriation of them t
son e ot;‘er public purpose, and the erectio
of tjew ones in a better situation woulej bo
mosteconomical, The devot'O of a large por
tion of your time to this subject, that all de*
sects in the organization ol the Institution,
in the system of discipline preset’ bed for if
I [j?V fa Continued on the l#st Tage J
[No. 24.—V01. I.