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Georgia® Statesman. "terms,—s3 PER ANNUM, IN ADVANCE,] UY S. MEACHAM THF O£OXU»IA STATESMAN IS PUBLISHED EVERY TUESDAY IN MILI.ED’JEVILLE , GA. jn Wavne-SUeet, opposite the Eagle Hotel. ■ Terms.... Three Dollars in advance, ar Four Dollars if not paid in six months.— v a > bscriptiop received for less than one war, unless the money is paid in Ivance, and no paper discontinued till all arresrag»s jn sufcs ription and advertisements are paid. ff b. Notice of the sales of land and ne -ot,cs, by Administrators, Executors, or Guar- Jans’ must be published sixty days pi-evious 10 the day of sale. The sale of personal property in like man ner must be published forty days previous to tie day of sale. Notice that application will be made to the Sourt of Ordinary for leave to sell land, must Je published nine months. Notice that application has been made for letters of Administration, must also be pub- Ashcd forty days. * + * All letters directed to the Editor, on Business relating to the Office, must be post paid. i SXECUTIVE Pi: .KTM ENT, Ur.OhGlA, > .MilUdgt ' .‘.c, 7th -Vot'. iß2t>. y FELLOW-CITIZENS, The political year just terminat ed, has been distinguished by noth ing so much as th - decease of Thorn as Jefferson and John Adam% vtbo, itl'ter laying the foundation of Arne >- ca L depend nee, and fiili gth ligh'jt offices o’ Stub through a long scries of time, survived to the fiftieth Anniversary ol the Indepen de ce th?y had declared, and on that day, almost at the same hour, di<‘d full of years and full of honor, de plored by the whole nation, whose grief was testified by a universal mourning, accompanied with every demonstration of love, respect and Veneration —Among the many token ol tne tender mercies of Divine Provi dence toward our country, none have been more signal than those which ac companied this memorable dispensa tion-so much so t hat our sorrows h • ve foil id solace and coinlort in the a i tuirr on and gratitude due to Almigh ty God for tbo special interposition ■which, by its circumstances, made their deaths not less gloriras than Uisir lives had been exemplary and illustrious. It was known to th last Lcgisla sur , that for certain reasons expres e<! by the President of the United States, he would call the attention of Congress, at their first meeting, to th va'idity ofthe Treaty negotiated at the Indian Springs in 1825 ; and in ns message to the Congress at the opening of the session, after an no u. i::g that “ tiie Treaty had been ratified under the unsuspecting mi 'pi '---.ion !>at it had been negotiat ed in good . itb,” he promised t lav before that body the subsequent transactions in relation to it. Toe President failed to do so—Toward the close of the session of Congress lie did submit to the Senate anew Treaty in .brogution of the old one, with a general <!■ duration of the ftdsehoo • and deception practised y ti e Commissioners, in their official communications with the Govern ment, ofthe numerical inferoirity of the parly which signed it, and of their consequent inability to ca>ry it into effect, but unaccompanied by a sin gle document or vouch* to support any fact or principl untamed in that declaration.—The Senate, as you know, ratified the Ti aty ; and tin one of the Indian Springs of prior and ft*, prior rat ification.fe passing vest ed rights togeorgia,was declared nu 1 ! and void. The objections to t.u pr .ceding, considered altogether novel and unprecedented, were ob vi.ii —Georgia, lor whose benefit a c the Treaty was negotiated, was and ivoil without her consent, of in- Son sis already vested —The party "with vvtu.m the old Treaty had been Oegociated was not recognised as a party at all in the conclusion oi the new, and in the ex-cution of the new Treaty without their consent, aud eve-, against tiieir consent, they have not merely been deprived of every rigid which they could claim under the old or new but havo been to all hdeuts and purposes denationalized, and forced either to submit uncondi tionally to the power oftheir enemies or to abandon their country. It was with a knowledge of what was in pros pect, from the first annunciation of the President to Congress that the •Legislature of Georgia, at the close of its session, again reviewed and again confirmed the validity of the I reaty of the Indian Spr ngs. This confirmation was the more imposing, because the Legislature which first acknowledged the authority of that Treaty had returned to the people, if s conduct had been passed in review and of course a favorable verdict pronounced upon, it. The act of the legislature, founded on the provis ions of the old Treaty, having been, as it wore, re-enacted by a succeed ing Legislature, was to be regarded as mandatory and imperative, to b u>lo the Executive under his oath of office, according to its requisition, unless forbidden by paramount considerations there could be none paramount, but whal would be found in the Constitution of the United States, and none such were found. The Constitution it self, in denouncing an act impairing the obligation of contracts, recogniz ed the sacredness of the Treaty of the Indian Springs. The Executive of Georgia, therefore, had no alter native bui to carry that Treaty into effect, in conformity with the repeat edly expressed will of the Legisla ture—His intentions were early com municated in the most frank anti in genuous manner to the Executive Government at Washington,and from that time to the present moment he has never ceased to remonstrate and pr dest on every occasion requiring n, against any act injuriously affect ing interests of Georgia derived uti !er it—But there were other reasons for maintaining the inviolability cf the Treaty ofthe Indian Springs—* By that Treaty Georgia had acquir ed >ll h r territory within the Creek limits—by the new she was to ac quire less—and the difference be tween them was bv the stipulations of .Die new guaranteed to the In d in. I r<?ver. The G .veruor could in no manner recognise the pow er of th<- President arid Senate, bv th* abrogation of the oid Treaty, to vio lat the Constitution of Georgia— The Constitution of Georgia, as well as the articles of agreement, entered into in conformity with it. had set tled her permanent boundaries irrevo o-*bly. The new Treaty prescribed new boundaries for Georgia, and by its perpetual guarantee made them permanent—Lauds, the rightful pr ,- perty of Georgia, were taken from her and ceded to the Indians forever: and the jurisdiction over the river Chattahoochie, which had been se cured exclusively to her by the ori ginal charter, by her Constitution, and by the articles of agreement and cession, was divided by the new trea *y between Alabama and Georgia— As no power is given by the Consti tution of the United States to the Government of tho United States, tc jlttrr or revoke the Constitution of a State, it would have been not merelv an unpardonable indifference to her rights and honor to hive submitted >n silence to these palpable infrac tions of them, but the Chief Magis- trat - would have believed himself guilty of a criminal desertion of the interests of the State, if his sanction or countenance bad been given to such an instument. If the difference between the provisions of the old and new Treaties had been a nominal, not a real >iiff rence, the U. States and Georgia could have proceeded iu good faith, and without collision of interest, to execute either, as the one or the other was believed to be the Constitutional law ; but as those pro vwions were variant in several par ticulars involving essential rights, md as one of thorn especially whe ther so designed or not, would have effectually postponed the settlement of the country for an entire year, it could not be expected that Georgi.. would surrender rights, interests and rinciple too, because the President ;of the United States considered the new Treaty the Oonststutional law T;>e Government of either State is to he considered as an independent moral agent, having a conscience of its own, tiie arbiter within itself of right and wrong, to be i ifluenced or controlled only by D vine authority : an 1 the conscience of this Govern ment has already passed definitively on the validity o ’ tbe Treaty of the Indian Springs.—And hero permit me to remark that with regard to th* rights of sovereignty aud jurisdiction generally, which Georgia claims un der her charter, to the territory with in her limits in the occupancy ofthe Indians, there is such a radical differ ence of opinion bet ween the authori ties of Georgia and those ofthe Unit ed States, that the harmony tnd tran quility of the two Governments, so much to be cherished by all good men, can never be niantaintd unin terruptedly until those Indians shall have been removed. In illustration of this, it is sufficient to inform you that on a recent occasion the right of Georgia to make even a recen noisance within that territory, with a view to eventual internal improve ment, was denied, and that denial accompanied by a formal protest ot the President of the United States against it; and moreover, that when about the same time there were in dications ot an hostile feeling on thi part of the Indians, which threatened interruption to our Commissioners engaged in running, with the consent and approbation of th United States the dividing line between Alabama and this SPate, anfl precauti mry mea lres were taken for their safety, Georgia wa*- o understand .hat she had-qp light to extend he H* tibi erunt artes, pacisque imponere morem, parcel* subjects et debell&re superbos.—Virgil. MILLEDGEVILLE, TUESDAY, NOVEMBER 14, 1826. >roteetion to her own officers engag* and <.n her own soil in carrying into fleet an act of her own Legislature gainst such hostility. It is vain to ook into the Constitution of the U States to find what rights of sovereign ty and jurisdiction acquired under the charter over the territory within her limits, Georgia has suironderodto the Federal Government—No such sur render has b. en made, and yet Geor gia in her late intercourse with the United States has been treated in tnis respect as if she had no rights ol sovereignty or jurisdiction at all, and this too whilst the laws of the United States, as well as the articles of agree ment and cession distinctly recognise and proclaim them, and of course to the very same extent as they arp as serted by the Treaty of Hopews and others. The forlorn and helpless condi tion to which the Mclntosh, or fried!* ly party ofthe Creaks, havo bee;, reduced by the continued persecu tions to which th-y hav been ex posed, is submitted to you as claim •eg your humane and benevolent consideration. This portion of t!i Creek tribe having fought the bat tles ot the United States and van qiiished*the hostile part of it, who were at once their enemies and the enemies ofthe United States, it wa* Imped that they would have been regarded with some degree of favor ;iy that government and people, in whose defence they had expended their blood and put to hazard eve ry thing dear to them For a time ms hope was not disappointed— General Jackson, by his Treaty of 1814, had recognised their services and their claims—Their Chieitian was distinguished by the favor ol •he Government, and he and ins fol lowers were regarded not only as th • faithtul and devoted friends of the whites, but as the conqu rors of the Red Sticks, then numbering two-thirds ol the whole nation, whose rights of territory, by tho laws ol War, passed to the victors. It was the conviction oi the justice of their cause and ot the rights acquired by it, which dictated the letter of th Secretary of War of the 17th day of .March, 1817, recogniziug in full the power oi Mclntosh and his follow- i*9 to sell the country. When, in obedience to the expr -.sed wishes ot the United States, Mclntosh with others, proceeded at the Treaty o the Indian Springs, to exercise this acknowledged power, the power was deni and, and the murder of him self and Chiefs which followed, look ed upon without emotion, whil t Un: murderers were cherished* ca ressed and honored by the Govern ment of the United States—his fol lowers lelt without hon e, without protection, without bread, and final ly denationalized and put under the ban—so that at last they were con sidered as no part of the nation, having no claim of territory and of course no rightful participation the consideration for which tho te ritory sold—and what is worse th: all, the money w hich should have been given to them under the Trea ty. noi only given to their enemies, but made the instrument of seducing rori; their allegiance the friends of Mclntosh, who had no alternative but to take the bribe or share the calamities of the party. To com plete th* ir degradation as an unwor thy and ignoble race, tho President, in his official message to the Senate, lias deigned to stigmatize them as “an impotent and helpless minori ty,” ’’unable to execute their en gagements”—“as fugitives instiga ted by a vindictive fury,” “making extravagant and unwarrantable de mands, whilst they were eating the bread and begging the protection of the United States.” And again, as “ a party making unwarrantable pretensions and extravagant de mands, and having no claims on the United States, other than of impar tial and rigorous justice.” Is it to be wondered that under such treat ment the friendly party should be reduced to a mere remnant, and im potent and helpless minority, or is it uot a subj ct of wonder, that instead of the 1000 which remain, there should be one left bearing the name or rallying under the standard ol Mclntosh. We cannot permit our selves to believe that the Congress of the United States, will not itself regard with tenderness and compas sion a portion of the human family, reduced by reverses to piteous dis tress, deserted by the inconstancy oi friendship, and abandoned to the -ports of fortune. Whether in reference to that part ofthe territory of Gbowgia, yet in the occupancy of the Cherokees,'you will think proper, in eonformity with the recommendiUioQ t« tha\ effect contained m a message, to ex tend the laws over it as a right r*• -lilting from your general soverei y and or whether you will abide the result of future nego tiations by the United States, to ex tinguish their claims in virtue ofthe compact of 1802, will be for you, as rfhe only competent autl oritv to de cide A state of things so unnatur al and so fruitful of evil as an inde pendent government of a semi-bar barous people co-existing within the same limits, cannot long continue, and wise counsels must direct, that relations w'hicn cannot be maintain ed in peace, should be dissolved be fore any occasion can occur to break that peace. How ungenerously tan talizing to this unhappy tribe would be a policy inviting them to a local habitation and repose, when the fates had alreadv decreed their des ’iny to be fixed anti irreve:sible up on another so/!. To perpetuate the remnant of a noble race, we ask of ihe United States to give them a resting place whithiu oouudareis of their own, fruitful, ample and salu brious, .-uch as they command, and -uch as in hum-mity tbev should be stow, where the arts of civilization and the lights of Christianity can reach them unmixed with the cor- 1 rupting and contageous vices of th whites, and where their perpetuity and independence can be assured If the United States hesitate now, a few years will bring them to just reflections, but too late to save from irredeemable waste and decay the numerical strength and moral ener gies ol a people, so far preserved by the encouragement and patronage otthe United States, with the toLr ance of Georgia. Messrs Crawford, Blount and Hamilton, were appointed Commis sioners, James Camak mathematic ian. assisted by the Chief Civil En ginnccr, and Edward L. Thomas, surveyor, in pursuance of a resolu >on ofthe Legislature, to run the dividing line between this State and Alabama. These gentlemen have, <u the execution of their several trusts, discharged the duties confid ed to them to my entire satisfaction. Those assgm and to the Commission s were delicate and arduous, and whilst they respected as they ought the rights of others, they have not been unmindful of what was due to the State they represented, its hon or, interest and dignity. The Chief Civil Engineer having received the appointment from the Executive, was to be considered ns under his exclusive direction and control, un til the meeting of the Legislature. His pow er over this officer was how ever, from a consideration of fituess and propriety, voluutaily and che> r fully, but imfcirmally, surrendered lo the Board of Public Works, with a settled purpose not to interfere with the exercise of that power, unless claims to his services of higher inter est to the public, should, at any tie e be interposed. An occasion offer ed, and he was ordered, without hes itation, from the less, to the more in port ant service. It is to be re gretted that the Commissioners oi Alabama could not tee! themselves uthorised to concur with those of Georgia The correspondence be tween the t«’o commissions will ex hibit the views of each, and it is not presuming too much to say, that those of Georgia are not the less sat isfactory, because they have not re ceived the concurrence or approba tion of the Commissioners of Ala bama. If the first Bend above Uchee and Coweta and Cussetah Towns, from which a line to Nickajack did not strike the river, would uot satis fy the requisitions of the articles of agreement and cession, it was not to be expected that any other beDd above it, and farther removed from Uchee and the Towns, would. It was the less to be expected that the Commissioners of Georgia would consent to pass that bend, for no other reason than that Alabama would take more and Georgia less of territory by it—And when the Commissioners, without the concur rence of those of Alabama, finally adopted the point of Miller’s Bend, it w ash the point which was about mid-way between that assumed as i he true one by tho Governor of Ala bama, aud the one ultimately pro posed by her Commissioners to ours —As the Commissioners of Alabama would not agree to run ffoTn the first bend immediately above Uchee, and as a line running from that bend intersecting the river, would have made the boundary not a straight one as contemplated by the articles but a devious one, straight upon the land and meandering on th water, it is difficult to preceive how tho , overnment of Alabama can with nold its assent from a boundaay which contemplated in all its aspects would seem, at least to us, to recon ede more differences and present ewer objections than any. The Commissioners of Alabama appear . consider Georgia as the principal 1 arty to .je having deep- est concern and interest in it, and the boundary having been establish ’d by the act of Georgia, any par ticipation in the expense has been declined, and the whole of it suffered to fall on this government alone.— The expense therefore, unavoida bly considerable, is believed to have been incurred with as little of waste fulness and extravagance as could be expected from an operation so tedi ous, and conducted under so many disadvantages. The r port, corres pondence and documents, relating to this subject, with the account of the expeditures, will be laid before you. It is proposed, in concert with the General Government, to com mence running the dividing line b - tween this State and Florida, on the first day of December next. The correspondence in relation to it is submitted, and it will be seen that no difficulties can be expected to arise to embarrass the operation or to prevent the mos. desirable con clusion of it. Affer a tedious correspodence with several of the most distinguished of the Engineers of the United States, from which no satisfactory result could he promised, Hamilton Fulton, Esq. a gentleman of known integrity of character, and recommended by the most eminent of the Engineers of Engla id, was appointed to the office ot Chief Civil Engineer. It is hoped that Mr. Fulton will uot disappoint the just expectations oft le public. The proceedings of the board of public works after their first organization are submitted to you. A plan of internal improvement having been digested and prescribed by the Legislature, nothing remained for them but to a dopt the most prompt and appropri ate measures to carry it into effect The report of the Board and of the Chief Engineer, will disclose the £ir-»r practical operations under them, arid will enable you to decide upon the merits ofthe past, and what for the future, in furtherance of the plan, the public interest shall require. Tc open new sources of commerce and give facilities to those already open ire the great objects of the system. If by a communication between the waters of Tennessee and tho«e o; Georgia, the trade of the Mississippi and Ohio can be diverted to our At lantic ports, the freight and commiss ions would more than suffice to re place, with the ordinary interest, the capital which might be employed in effecting that communication, and if this were true at the beginning, th* progressively increasing commerce which an almost unbounded region, with rapidly augmenting population, would supply, might convert a chan nel of intercourse into a permanent source ofrevenuetothestate. What ever can be realized in this respect, will dep nd on the facilities given by tiie projected canal across tiie Penin sula ol Florida, which forming a line of steam boat communication be tween the Western waters and our A’lantic ports, cheap continuous and comparatively safe, may have adv n t tges over the short and mere direc’ rout, not open to this valuable instru ment of conveyance, As connected with such an undertaking, the States ot Alabama and Tennessee have been consulted, and their views in relation toil, so far as communicated, are aubmitb and. With respect to that port of pub lic improvement, designed to facili tate the intercourses of trade within our own limits, the obvious rule wid be to adapt our measures aot only to the actual state of the trade and commerce of the country, but to the means which we can command to give efficacy and success to them; and, whether canals, or rad roads, or turnpikes, shall in different situa tions be considered as best adapted to this end, to limit both capital and labor to a single object at a time, until that object is accomplished. It ueed not excite surprise, if, before a long time with the exception of the level alluvial country, the rail will universally supercede tho canal, having the advantage of cheapness, expedition, healthfulness, safety aud certainty. ? You will receive with other docu ments on this subject, a communica tion from the Governor of South Carolina, which looks to the im provement ofthe navigation of the Savannah river,by a concert of meas ures and combination of that State and this, dependhqfoh the authority of their respective Legisla tures, with my answer, which will disclose to you my own views and opinions in relation to tbe subject, and to which it may be only ncG-s --sary to add that those views aud opinions remain unchanged. The honorable William Schely, in compliance with his engagements, has completed his Digest f the Eng lish Statutes. Tiie work was ap proved by tha Executive, and it is (OR $4 IF NOT PAID IN SIX MONTHS. NO. 46....V0L. I. believed merits and will rico.v i.e approbation of the Legislature. If to this work were added a Digest of the Common and Statue Law, or if the principles of these the Civil LaW and of the Napoleon Code, as appli cable to our condition and circum stances, could be embodied into ono general system of jurisprudence, talc ing the place of all, it would be wof thv the refinement of the age, and would confer imperishable honor on the legislators and sages who would devise and execute it. No systetfl of jurisprudence will avail for all the beneficent ends of its institutions; without a well organized Judiciary to carry it into effect, and on this subject it may be sufficient to remind the Legislature of that defective or ganization of our own to wh<ch iti attention has been so repeatedly, but hitherto unprofitably called. Our academic institutions contu*. ueto flourish, and Franklin College, at the head of them, sustains its merited reputation To its other Professorships a chair of Mora! Phi losophy, Rhetoric and Belles Lettres, has been added, and the dise pline and subordination maintained by the proper authorities, are not known to be surpassed by those which pre vail in the best regulated Colleges of the country. It is recommended to you to cotV solidate the Poor School Fund, to augment it, to secure by sufficient guards its faithful application, anti to diffuse its benefits as extensively srt possible among the poor and ir digent. These are the classes of community who in their means of livelihood fall below mediocrity, and who « i*. this account, as well as on account of their numbers have the strong* it claims fur that assistance which enable them by the instruction of primary schools to discharge in peace and in war, with most useful ness to themselves and advantage to :ie country, all the duties of good citizens. Ofthe militia, nothing will be ad ded to the numerous invitations giv> en to the Legislature for the revisal and improvement of a system jo radically delective that it is almost impossible to maintain the uec* ssary organization under it—The evi; has found a palliative however in too encouragement extensivi.ly given to the formation of volunteer corjt-. (ca valry and infantry) which now pre sent a force highly respectable .or number, armament, aud discipline, ready to he called into service at a moment’s warning, and inspired by the most patriotic sentiments. The annual reports ofthe different Banks are submitted. The interests ofthe State, of the Stockholders and ofthe trading and commercial community claim your immediate' attention to the actual condition of the Bank of Darien—Whether it * shall be left to the operation of time, under the direction ofthe institution as established by the charter, t> res*- tore the capital with a view to ulte rior active operations, or whether th Legislature, for the purpose of restoring the capital with a Vi w ei ther to further operation-, or final settlement of its affairs, shall take t he management into their own hands, are alternatives submitted to your discretion. Your decision will be governed by an estimate ofthe de.ep stake which the Treasury has in the event—the inconvenience resulting to all the parti* s concerned, from a postponed restoration ofthe capital, ofthe proportion which the circulat ing medium bears to the actual de mand for it, and of the powers which you yourselves possess of giving tho desired efficacy to any mea.-ure for the accomplishment of either or all of these objects. The organization of the territory lately acquired by the Treaty ofthe Indian Springs, will be a subject of early attention. The public reserv ations will particularly require a pro vision, which will not merely place them beyond the probablity ot tres pass or intrusion, but will make them available, with the least possible de lay, for all the benefits ami advanta ges expected to be derived fro© them The claims for militia services, re main unacted on by Congress. Our citizens interested in them suffer by the delay, whilst the delay results in nr advantage to the United States. It is indeed a useless procrastination of what must inevitably come to pass as an irreversible decree of justice. The objection, hitherto tnkeD, ofthe mersion of these claims in the arti cles of agreement and cession, must be satisfactorily removed by the evi dence communicated from this de partment, and which shews that the Commissioners of the United States, who negotiated the articles, subse quently recognized the claims as in no manner connected with the stipor ’ations of that instrument. The militia claims and the terrijp-