The Argus. (Savannah, Ga.) 1828-1829, November 13, 1828, Image 1

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(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.