Georgia courier. (Augusta, Ga.) 1826-1837, November 08, 1827, Image 2

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• GEORGIA COURIER. J. G. M’WIIORTER AND HENRY MEALING, PUBLISHERS. 'Fermi.—This Paper i« published cv*»ry Wood ay and Thursday af'ftrnoon, ut $T» 00 per annum, payable iu ad vance, or $(» 00 at th** expiration of the year. LT Advertisements not excelling a bty ,ar# ** inserted the l^rst time or 62 1-2 cents, aud 43 3-4 cents fur each con- imianc-9 MlLlEDGEVlLLE, Nov. 6. This day at 12 o’clock, the Governor frnsmiued to both branches of the Legis lature, the following Tho coujitfy of the Creeks falling within the chartered limits of Georgia be ing acquired, it remains for you to con sider of the measures most expedient for the acquisition of that of the Chero- kees within the same limits—On tliis sub ject my opinions have been freely and frankly, and repeatedly communicated— there is no reason to change them—you hold the ierritury by the same tenure as you hold that on which yourselves and your ancestors have long fixed your hearts and firesides—the original charter of the State—This tenure remains unchanged bv the Articles of Confederation, or by the present Constitution ; and without the I consent nf the people, is unchangeable but | by act of God—The right of occupancy i following the right ot soil and jurisdiction, you claim the same right of occupancy : nmv as ever unlimited and unrestrained I by the confederation or the presont con- Executive Department, Georgia, ) Biilladgci'ille, Noiu 6, 1827. i Fellow-Citizens : In making known to you the events of solution ; and therefore, are free in times the passing year, it is equally my duty to liommunicate those which give pain as those w'hich afford pleasure, so that with out concealment or suppression all may he embodied in the historv of the times— our successors will take counsel from them, and the experience of the past will be equally profitable, whether it furnish ex amples of good to be imitated, or of evil tobo avoided. future as in times past, to enter upon that occu: aoev, consulting your rights, your convenience and the dictates of hum niity only—your rights are undoubted—your convenience is resolved by the various circumstances in which you ntay at any lime find your population and territory, and the wants of your people, as rosult- ing from the relative condition of both ; and the obligations of humanity, always ignated by the Treaty, instead ofthe point which, in raising revenue or regulating designated by the act, the Treaty being the supreme law. The commission was not so directed. It was not, however, deemed expedient, on this account, to arrest the commissioner of Georgia at the outset. If the point established by Elli- cott had, by the commissioners of the U, States andGeorgia, been found to coincide with the head or source of the St. Marys, the commissioner of Georgia would have been instructed to proceed. It was as certained that they did not coincide, and his progress was accordingly arrested.— You will observe that the first question presenting itself for settlement between the two governments is, whether the point arbitrarily agreed on by Ellicott and the Spanish Commissioner as the head of the St. Marys, now ascertained not to be the commerce, incidentally protects manufac tures or encourages the fabrics which are indispensable to the national defence, is a very different power from that claimed by the Federal Government, to protect by any means directly or indirectly all or any of them, than which a more distinct sub stantive and important power could not be given by any constitution to any go vernment. It is in vain wc ask for the grant of this mighty power of Congress. It is in vain we plead the cruelty of taking from the small profits of agriculture to in crease the large profits of manufactures.— We are answered from year to year by an amended Tariff, augmenting the tribute and multiplying the exactions. Nay more —As if the Congress lacked vigor and animation for the work, a combination of under tho treaty oT 1795. The other, and only remaining question will he, which is tho true source or head of the St. head even of the stream pursued by Elli- j States exclusively interested in perpetuat- cotr, shall be considered as the true head ing these abuses, resolve themselves into a body unknown to the constitution, and dictate to the government at Washington the kind and amount of tax which the peo- Marvs. To enable, jinn to act under-, pie ef other states shall pay; so that we standingly on these tftrestions, as well as 1 may soon have to ask ourselves, which is to afford some satisfaction to the Govern- 1 the Government of the United States, the ment of the United States, which must : Assembly of States which passes the edict undoubtedly revise its proceeding, I had 1 oftaxation, or the authorities of more re- instructed a competent agent, the same gular and constitutional appointment who acted as tho surveyor and artist under | which receivp'it as law and order its re- the commissioners, and who approved gistration. I recommend to you the adop- Bofore the close of the list Session of! paramount to the claims of interest, are himseifworthy of their highest confidence, | tion witHhut delay of a firm remonstrance Her industry will be paralized, and ber ca pital exhausted. Already the wheat grow er of the western parts of New-York, from which formerly a bushel of wheat was not exported, supplants the wheat grower of Georgia in his own market.— And ere long the cotton market, reduced to the lowest price at which the article can be raised, Georgia, with such fearful odds against ber, will be forced to aban don the cultivation. In this, as in all the articles of bulky or weighty carriage, the cotton states, will undersell her in the nary support on precarious and uncer sources of revenue, or is it the p n lj c .^ the government to depend on the f' V f ' in the Tieasury until those funds are UD ^ hausted, using its income and making 1 ' croachmeuts upon its capita] indis c ^ nately for that purpose, and leavi n » tually nothing for extraordinary emer ^ cies, foj- public education, for internal provement and other subjects of nAtj ^ concern. It is a rule of nditir^l my, and a good one, money from the people than is ,a * ie mor, same proportion which their facilities of j for the ordinary and current wants l/?!* transportation bear to her difficulties, and . vernment. Whilst in practice you do when reduced to the ultimate point of stagnation and depression, she may awake from her repose, with regrets and lament ations, but without the means or the re-j wise to consider of this matter sources to remedy the evil—you are not | and to adopt a rational and cohe tl [ ited to premature and unprofitable pf- tem which will take the place of irrecu!' ts. You are asked to keep pace with ! ty and disorder. inv forts your sisters take more, you return one half 0 f w you do take, and depend on other res ' in tjfHf. rent s Vs - ces to supply the deficiency. keep pace in the improvements which The funds of the State including ^ correspond to the actual state of the trade, j stock, evidences of debt and L wealth and population of the country, and j the Treasury at the end of the n,Uv "i if nothing more, at least to make the high | V ear amount to near two millions of a? roads the avenues of a cheap and expedi- . hrs.—The average annual ordinn ’ tious transportation at all times, and the pences of the government for the ' navigable streams likewise in the degree j years 1824—5, and 26, amount to Sms and to the extent of which they are sus- j 000, and the average annual revenJr ' ceptible. i <■— *i - ue The Report of the Chief Engineer, who has continued in the public service at my taxation for the same years, to >70 000 Our Literary Institutions continue,* multiply and flourish. The Un to he sought in the consideration of what is due from a civilized to a savage commn- ♦ he Legislature, hope was indulged that the controversy between the Government of this State and that of the United States was happily terminating; atul so indeed I present and luture, which is involved to all appearances it was—The particular request, will shew what, with j more than ever endears itself to the mversm to proceed to an examination of the seve- j to the Congress against this system of; very limited means, has been done or at-! try bv the number of its 11. _ t r- 1 . w * r * 1 • ° ■» • * V 1 . it * . 1 _ 1 1 I e • * . ral branches of the St. Marys, for the pur- appearances it was— l no survey's of the recently acquired territory, so long resisted, had proceeded with little or no interruption—the last 01 them were about to be completed—the Indan irritation had exhausted itself in a few demonstra tions of hostility, and when calmness arct tranquillity had succeeded to excitement and clamor, and nothing remained to sa tisfy tho the Indian for his imaginary wrongs hut a trifling consideration in mo ney, the Executive Government ut Wash ington seized the occasion as a fit one to -denounce the Executive of Georgia as the violator of (lie faith of Treaties, and the lawless invader of Indian rights—to for bid the prosecution of the surveys, and to threaten the employment of military force to coerce obedience to its commands —a menace which, without being unpre cedented on the part of that Government, was yet so ill timed and unexpected, that but one reception and one treatment could be given to it—The Documents herewith transmitted will disclose the manner of that reception an J treatment. Tho Mes sage ofthe President to Congress, com municating this measure, left no doubt as to its motives and its objects. The coun cils and people of Georgia were to he nitv, and of the sum of human happiness \ pose of ascertaining, by actual admea surement, the true head or source of that river. The correspondence and docu ments on this subject, together with his report, are submitted. It will be seen, that of three branches forming the St. Marys, viz. the Northern, Western and Southern branch, the Southern is not on ly the longest by two or three miles, and having a direction corresponding most naturally with the general course and clis- emboguement of the river, but discharges eight times more water than either of the other branches, dc l-3d more than both of them united, including various other tribu tary streams ;-thatof the throe, the north branch, viz. that pursued by Ellicott, is the most ir.consiedrablc, discharging, in proportion even to tho western branch, the estimate—Whatever may be the con trolling motives result ing from other con siderations, those of humanity oppose no obstacle to the immediate occupation of the country- The Cherokees are only asked to surrender now, and voluntari ly, the country which by the force of mo ral circumstances they must very soon surrender, even against their will, not without consideration or equivalent, hut in exchange for another, and in all respects a better country with a title ift fee in the place of a precarious occopancy—with generous soil and salubrious climate, pre senting a choice to agriculture or tiro chase— insulated from the whites and protected by the power of tho United States—All who oppose themselves to this movement are enemies of the Cherokees, ignorant of their true interests, or indiffer ent to their present and future welfare. It is proper to inform you that the me morial of the last Legislature on this sub ject, addressedAo the President, was for warded in due time, with an accompany ing letter, to which no satisfactory answer h is been given. Connected with other subjects of dis agreement with the government of the U. States, is that of the dividing line between usurpation, injustice and oppression—1 ou will atfdress yourselves I know to a for midable government, having the power, for certain purposes, over the purse and the sword, and now claiming and exercis ing the power to direct the national in dustry and national improvement without limitation—in short the absolute masters of the fortunes of twelve millions of peo ple. But you can yet speak in he lan guage of truth, if not in the spirit ofFree- m n n. Your complaints may be unheed ed. If they should be, I recommend to you to address yourselves to ho States having common interest with yourselves, and to suggest the expediency of concur ring in a non-consumption agreement to be carried into effect bv all (he means which are constitutionally given to their respective Legislatures. It is painful t COBH. youths, their tempted, during the past season, and what proficiency, the noble emulation’ why as two to three, and in proportion to the ; contemplate the consequences which must southern branch as five to forty-three; and indeed that it is even more inconside- follow. That government whose paren tal duty i> is to make us all friends and to ruble than another stream, fthe Alligator,) ; keep us so, is straining its faculties to soodi of if, and running between it and j fasien upon the country a • system which the western branch. If those facts are j cannot fail to set one part of it in hostile subdued at all events into recognition of; Florida and this State, directed to he run the validity of the Instrument called the New Treaty—by civil process, if civil process would answer—by military force if it would not—indeed by all means civil nr military as enjoined by a superadded obligation (to use the language of the Pre sident,) even higher than that of human authority. If could not be seen why un der a government of laws the civil remedy might not suffice, being, if not so prompt, at least ample and appropriate— nr whv, it resorted to at all, it should not he exclu sively depended on ? The alternative of a resort to the military tin failure of the civil remedy, or the resort to both con currently for the redress of the same wrong, is not the theory, and has not been hitherto, the practice of this Government —whenever it shall become so, there will be no longer any difference, in substance, between our own constitution of govern ment and that of the most arbitrary and despotic. It was impossible to dmibi therefore, from the unconstitutional cha racter of the menace, from its unsensona- blenoss and from the appalling consequen ces which must- inevitably follow its exe cution, that the temper which dictated ii was hostile to Georgia, and bent on her humiliation or destruction. The councils of G eorgia could never recede, without the mast degrading humiliation, front the positions taken in support of the Treaty of the Indian Springs—it was the pro fessed obj'-ct of the menace to produce that recession; and it was obviously bet ter for Georgia to run the hazzard of be ing stricken from the roll of States, than by a passive submission to surrender, with important interests and essential rights, what was infinitely more important and more essential, character But other rights and interests than those of Georgia were concerned. The doctrine | assumed in justification of the menace and niaiked by several resolutions of the Legislature. The concurrence of the General Government being necessary to the perfection of this measure, it was re peatedly invited, and eventually obtained. A highly respectable gentleman, and late Governor of Virginia, Thomas M. Ran dolph, having been appointed the Com missioner on the part of the U. States, and Thomas Spalding the Commissioner on the part of Georgia, they proceeded in a spirit of harmony and concert to the ex ecution of their trust, and I am happy to inform you that, without bringing their labors to a termination most desirable, they closed them with no interruption of that spirit. On the contrary, with an im provement of it corresponding to the in telligence, patriotism and liberal senti ments which distinguished them. The Charter of Georgia, the Treat}' of Pc-aco of 1783, the Confederation of 1778, | the present Constitution, the Treaty of Spain of 1795, the Constitution of Goor confirmed to the satisfaction of the Go vernment of the United Stares, the con clusion will be irresistible, even by itself, that we must follow, not the error or mis take of Mr. Ellicott, hut the language of the Treaty ; m.t the point arbitrarily de termined as the head of the St. Marys, but the true head ; and that the true head or source of the St. Marys is to belound, not at ihe extremity of the northern, but at the extremity of the southern branch ; and that from this point the line must be tun according to the letter of the charter nf Georgia, of the Treaty of ’S3j of the Treaty of’95, and of the Constitution Uf of Georgia. This detail, so inconsistent with the generalizing character of a Mes sage, will find an apology in the extreme reluctance which I feel to open a new controversy with the Government of the United States—the great* delicacy of the question, (being one of boundary)—the extent of territory, (more than two thou- sands square miles) which may be involv ed in if, and the obvious propriety, there fore, in slating the question for the first time, to state it fairly and fully. It gives me great pleasure to inform you that recent acts of the General Go- : vernment, and of its different depart-! merits, bespeak a return to good finding, ; and give an earnest of future good under- gia, all recognise or guarantee the head or j * ?ar -ding which it has been the sincere urce of the St. Mary’s River as the true point of ihe southern boundary ofthe State. The Commissioner ofthe U. States and t ie Commissioner of Spain appointed tin der the Treaty of of’95 to run and mark the line in terms of the Articles of that Tteatv, instead of discovering the head or source of the St. Marys, as they were in structed to do, and for which they search ed, established a point different from, and disconnected with the head of that river; viz. a point in the Okefanoke Swamp, one mile or two miles north nf the mound of Ellicott. I; had been ascertained by re searches authorised to be made by com missioners appointed under the authority of this State in the year ISIS, that theU. Suites and Spanish Commissioners, in a- greeing to that point, were wide of the true p tint—that the head of the stream involved the rights of all the States—It j pursued by Ellicott was not to be found asserts the broad power for the -Execu tive of the General Government in any controversy between a State and the U. States, to decide the right and wrong of that controversy promptly, absolutely and finally, without appeal, and to enfoice such decision by the sword—a power most awful, tremendous, and unnatural, and not given by the Constitution even to the Congress. I a such a contest, Geor-; gin could make no sacrifices too dear, Le as he supposed, in the Okefanoka Swamp two miles north ofthe mound of Elicott, and it has been since ascertained that the head of that branch of the liver is to be found to the southward of both the swamp and mound. It was justifiable to take the mound as the true point, because so in substance, our own commissioners, believ ing that Ellicott in pursuing the north, did pursue the main branch of the St. Ma rys, had reported ; and so tho Governor desire, as it is the duty, of this govern ment, to cultivate. Our militia claims, so constantly and sedulously, but unavail ing! v urged before that government for 20 or 30 years, have been recognized, and, under circumstance*” warranting the belief that some grains of prejudice had mingled with the former repeated consi derations of them, and that nothing was wanting to a prompt acknowledgment of their justice at all times, but calm, dispas sionate and impartial investigation.— They are in a course of liquidation and settlement. The expenses of the military expedition ordered for the defence of ihe southern frontier against threatened hostilities of array against the other. In self defence, j we are first driven to a non-consumption, j which in the end, must prove a non-inter- I course, and, as a necessary consequence of rhaf, to the cultivation of more friendly relations with foreigners, who, supplying our indispensable wants, at least so long as the general government suffers them to be supplied, will fake ihe place of our own countrymen in our feelings and affec tions, leaving nothing for them but bitter ness and heart-burnings—We are not un willing to give to our own countrymen the same profits we give to foreigners pro vided they are fairly and constitutionally earned. It is the forced consumption nfj an article, unconstitutionally enhanced ir prion, which, like the forced consumption ofthe tea, we resist. All things being equal, we are not unwilling to consume the fabrics of our own country, and so far lo encourage the fabricators, but we pro test against the artificial encouragement given at our expense, whpn we are made to pay, not only the tax for that encour agement, but to lose the trade in our sta pie which affords the only means of pay ing it. It is not to he expected that fo reign nations will long continue to receive our raw material if we reFus 3 to receive their manufactures, and we are not used to that despotism which would constrain 11s whether for or against our interest to manufacture for ourselves against our in clination. Conscientiously believing that tho Go vernment ofthe United States is not con ducted according to the principles of the constitution—that powers are claimed and exercised by it in derogation of those prin ciples, and that in practice it is virtually a consolidated government, and therefore essentially different from tirat formed and designed to be formed by the convention of ’98, I would recommend to you, at tho same time, to address a respectful and af fectionate memorial to your sister States, requesting them to unite with you in all constitutional and legitimate measues to bring back the Governmant to the pure the Indians, have been allowed as a cor-j principles of'Mr. Jefferson’s administra tion, which are the true principles of the constitution. It is a subject of sincere congratulation that, notwithstanding your temptations have not been less than oth- rect charge against the general govern ment, and paid :—and monies advanced on account of the United States' ^by ihe Executive of Gaorgia for running and cause she contended in a just and 1 igh-j of this State, in tlie year 1819, telyiug on teous cause, ru* for herself alone, but jor all the States, whose honor, dignity, and independence, were alike at stake. Hap pily for the country, the enforcement of this measure has not as yet been attempt ed—whether on reconsideration it Ins been yielded to more deliberate sugges tions and more prudent counsels, or deci ded as wholly indefensible, and therefore impracticable, or reserved for some other and future occasion, is not known tome, "*and can only be conjectured. It is rea sonable, at least charitable, to conclude, that what in tliis respect ought to be done, has been done, and that wisdom and mo deration can find no amends lor the ca binet es of a civil war, in the transfer from Georgia to the Indians of a comparatively worthless fraction of territory, which, but for the principle involved,* this govern ment would not deign to make a subject of angry -contention wiih that of ihe Uni ted States. the coriectuess of that report, had infor med the Legislature. Our commissioner was accordingly, instructed to agree with the United States commissioner in run ning the line from the mound of Ellicott 10 the junction of (he Flint and Chatta- hoochie rivers. It happened that the U. States commissioner was nut authorised to concur. On the contrary, an act of Congress which, departing from the ordi nary course, gave his instructions, in the same section in which it authorised his appointment, virtually forbade it. Those instructions directed the commissioner to run fri m the point established by Ellicott, two miles north ofthe mound, and were of course directly opposed to the Treaty of 1795, which prescribed the head or source ot the St. Marys as the true point. The President of the U. States would have been quite justifiable, disregarding the act of Congress in this respect, in directing his commissi aner to run from the point des- making the Florida line have, although ' ers, you remain uncorrupted bv the assum- that operation was arrested by the govern-] ed powers of the General Government ment of Georgia, been as promptly paid because manifestly right in themselves, but affording, at the same time, no little gra tification, because what is manifestly right is not always done. Among the various violations of the Constitution of the U. States, the peo ple of'-Southern States have lately been rhlSkPK feel and to complain of that prominent one which has taken from the States the genera! guardianship over the labor and industry of the people, which it was supposed exclusively belonged to them, and which, it is believed, thev ne ver have voluntarily relinquished. It is in the exercise of this guardianship that the Congress proceed, fr©m session to session, to tax one portion of the commu nity, not interested in a particular branch of industry, to sustain another portion in terested in, and carrying on that branch. Disregarding the liberal principles which would leave industry' free to seek its own employ ment, and returning to the benight* ed policy long practised by other nations, but now abandoned and abandoning-bp all enlightened ones, it claims an absolute dominion over it, to restrain, to encour age, to prohibit, to cause it to take any or every direction—thus substituting, for the natural order of things, the artificial sys tem of the darker ages—The piwec, over 1 he Internal Improvement of the country. Other states which surrender ed this birth-right will find no compensa tion in the promised equivalent, as princi pal has never vet found its value in the weight or measure ofthe precious metals. I invite your attention again to the sub ject of Internal Improvement, and to the dangers inseparable fionV a longer post ponement of a Judicious System adapted to the wants and resources ofthe State.— It is mortifying to our pride and it will prove ruinous to our interest, that every state in the Union afld every state in Eu rope, advancing in ihtxcourse of improve ment, opening communications between the most distant territory, cheapening its transportation, augmenting its trade and commerce, and cementiug the union of its people, give signs of increasing illumin ation, whilst Georgia with, some claims to intelligence and public spirit, has not yet executed a solitary work or raised a single monument in illustration of her devotion to the agriculture and commercial pros perity of her people. We must soon withdraw from the rivalry of trade, or share it on tho most unequal terms. No fertility of soil, no geniality of climate, can compensate to Georgia a difference of freight of five to one against her, in a competition with her neighbor states.— it may houseful or profitable to do here after. It is not to he expected that this, or any other competent officer will devoie himself to the service of the state, for a compensation scarcely sufficient for the maintainance of his family, when the same qualifications in other states find a double or triple allowance. It would bewiserto abolish the office. I again solicit your consideration of the expediency of organizing a Court of Er rors. If the Constitution should present the oi ly obstacle, the Constitution should be amended. That instrument must in deed be very defective which has not on ly omitted to guarantee uniformity in the administration of justice but opposes ob stacles to it. It is not necessary to the organization of such a Court, that great expense should follow' to the State, or great expense and great delay to tho par ties. It is the argument in* the court a- bove which : s superfluous, and which it is di • duty of the Judges to supply, which produces both expense and delay. The Judges want nothing but the record certi fied from the court I elow, and it is no' foreseen that all unneresary delay of the final decision may not be effectually pre vented. Under every government justice should be administered purely, cheaply, promptly, and uniformly—It is the union of these elements which constitutes the perfection of every Judicial System—the delays and expenses which are not abso lutely necessary to the attainment of its ends are to be ranked among the greatest evils of society, and are under a free go vernment altogether insufferable—You are invited to this amendment of your own system, therefore, with a confident expeetation, that without extraordinary expense or extraordinary delay, you can cause justice to be administered to the people with purity tnd uniformity. The Report of the Principal Keeper of the Penitentiary wil make known to you the actual state of that Institution. It proceeds under many disadvantages (a de fective building and a defective system) to answer the objects of its establishment and to justify the expectations of its foun ders. Without knowing that the tempta tions to the commisson of crime are less, it is certain that the number of peniten tiary oflences, so far from increasing with the increase of population, has diminish ed. Other causes may have contributed to this result, but the more obvious and immediate ones, must be found in the ope ration ofthe code itself—You are encour aged, therefore, to perseverance in a,sys tem (imperfect as it k) which awarding to crime its merited punishment, deters from tho commission of it—Nor, in the estimate of benefits are you to overlook that judi cious management which promises to make the industry of tbe institution available for its support; and so far relieve the State from the expense incident to the adminis tration of rts criminal justice. The officer animates them, the moral and religion* sentiment which supercedes the harsher discipline, maintains order and sub t ,rJj P . ation, and the high attainments in Com pn . sition and Elocution which, at the p. nual Commencement, remarkably dis n guish them. ' * The Academics improve in the means of usefulness as they increase in number orgaaizing the bett systems and adopting the most improved methods of instruction —and the free Schools give better prom, iseof fulfilling the ends of their institution as the funds of their support are bettt guarded and economised. So that educe- tion may he said to flourish, and the r. i ; - gion of enr Saviour,not less prosper.,1. and in close alliance with.jt, giviii ' to i; its fullest effect, their fruits are seen in theimprovement of every condition of so ciety, making its intercourse more order ly as well as more bland and polished. The faults of our Militia Sjstemhave been frequently presented to you—The revision and amendment which ought h have followed, may be now postponed, with the hope and expectation that Con- gross, fulfilling its duties to this resj/.cl, wil! revie w their own system and adopt an organization calculated to give slrbiftv and efficiency to tliis arm of national de fence. In the meantime everv encour agement has been given to the'furmatinit of volunteer corps, who, animated by a love of country, and trained under a goo 1 discipline have stood ready to answer at moment’s warning, the order reqinu j by any exigency. The Congress of the United S runs having been invested with the qualffied power “ to promote the progress ofsci- ence and usetul arts bv securing 'o authors and inventors the exclusive right to rheii respective writings and discoveries,”the power over every other description nf in dustry, not inconsistent with this, is of course reserved to the States, or to this people—That of agriculture, the parrot of all the rest, is peculiarv entitled to ihr encouragement and protection which i- not inconsistent with its general freedou The introductions of a new culture may claim the countenance of government, a- well from its general utility, as from the difficulties attendant on it. Among the varieties which c mtribiite to the comfort of men, that ofthe vine ranks with the first c’ass. A culture eminently' promofivo ot the public health, and the public moral?. Our respectable felhnv citizen, Thomas McCall, of Laurens, distinguished alike for his science and pbilanthrophy, has de voted many years to this culture, and his. laudible zeal and patient industry give promise of ultima e success. A temporary and limited encouragement may ensure if; and its good effe- ts would be seen eventu- hHvioa diversified cultivation, in an inde pendence on foreigners for an article of great value, and in the gradual substitution in practice of a less for a more intoxica- who is at the head of it deserves well for! beverage. If you coincide with ran the fidelity and intelligence with which he superintends its interests, and it is submit ted whether in offices of this description where the qualifications for them depend so much on a knowlodge of their details, frequent changes do not operate injurious ly to the public. The Report of Judge Schley will dis close the glaring defects and inconsisten cies of the Code which a short experience had enabled him to detect, together with the obvious and necessary remedies which you cannot fail to apply. The Finances of the State require yonr attention. It is important, in relation to to them, that there should be system—that it should be simplified and intelligible, and that in the ^administration of it, you should neither be ^deceived yourselves or be the instrument of deceiving others.Ifit is ask ed on what resources the government re lies for its annual support, it will be dif ficult to find an answer. A general tax law is annually passed, and it purports to be an act to raise a tax for the support of government; but according to your prac tice—for there is no system—the whole amount raised and applicable to the sup port ofgovernjnent is not sufficient for that object one third. If it is asked upon what other source than taxation the go vernment relies, theouly answer that can be given is—upon any monies winch are, or which may be in the Treasury—If the government does not rely on taxation for its support it ought to be distinctly known upon what resource, either permanent or temporary it does rely. If it reli^ on taxation, then the income should be made equal to the expenditore, or the expendi ture reduced to the level of the income. Ought the government to rely for itsordi- in the policy of extending a fostering hand to this subject of agriculture, the kind and degree of encouragement will be regulated by a sound discretion. The various acts and resolutions of the last Legislature depending for their effica cy upon the Executive p^iwer, have either been carrried into effect or are in a course of execution. An abstract of warrants drawn upon the Treasury—a list of Executive appoint ments, made during the recess of the Le gislature's also the reports of the differ ent Banks, accompany this communica tion. The sound and healthful state of the currency as exhibited bv these reports is highly creditable to the Directors of those enstitutions, and as conne-ted with the general prosperity ofthe country must be very gratifying to you. That of the Bank of Darien continues to be an excep tion, but the report gives assurance of pro gressive improvement, and ultimate reslo-. ration. Resolutions of the Legislatures of Ver mont, Connecticut, Alabama and Maine, having relation to various constitutional amendmenes, are also Submitted. The vacancies occasioned by the death of Brigadier-General Stephen H. Gil more, of the 1st Brigade of tin 3d Divi sion, and by the resignation of Brigadier- General Thomas Dawson, of the 2d Brigade of the same Division, remain to be filled. Retiring from office, after four years administration of the public affairs, it woujd have given me pleasure to congra tulate you on the safety of the Republic, the flourishing condition of the country, and above all *n the union and happiness of the people—That the Republic i$ yet