Newspaper Page Text
FROM THE MILLEDOEVILI.E JOURNAL;
governors message.
Un Tuesday last, at 1 o’clock the Gover
nor transmitted to both branches ol the
Legislature, the following
MESSAGE •
Executive Department, Geo.)
November -Uh, 1828. $
Fkllow-Ci t i z k x s ,
It is my first duty to invite your atten
tion to the signal Providential favours which
the State ha> experienced, # in the unusual
degree of health enjoyed during the past
year by its inhabitants, and the abundance
with which a fruitful soil has so generally
rewarded the labour bestowed upon it. In
the gradual improvement of the whole State,
and in the rapid djtvelopement of the re
sources of the Territory last settled on the
Chatahoochie, there is every motive lor mu
tual congratulations, and united gratitude;
to Heaven.
It would have afforded me the liveliest:
satisfaction to have been able to felicitate!
you on tire arrangement of (hose questions
of interest pending at the adjournment of
the last General Assembly. They remain
still undecided, and must ba the subjects
of your deliberation under the changes that
have been produced since that period. The
line of demarkation between this State and
Florida has not been (raced, nor has the.
Act of Congress, under a particular provi-J
sion of which the execution of that work,
in conjunction with the United Slates, was
suspended, been repealed or modified.
Conforming to the request of the General
Assembly, communications were made to
the President of the United Slates of the
claims of the State and the grounds on
which they rested. The President submit
ted the whole to Congress—Copies of the
Report# made by Committees of the Senate
and House of Representatives of Congress,
and of all the letters to the President of the
United States, and to the members of the
Delegation in Congress from this State, are
submitted for your examination. The Re
port made to (he Senate recommended a
postponement of (he whole subject until it
could be ascertained whether or not an a
greemont, niledged to have been made by
Andrew Kllicol and the Spanish Commis
sioner, who were appointed to run and mark
the line in J 796, was among the archives olj
the Spanish Government, there being no
evidence of its ever having been among tho i
archives of the United States.
The subject was not therefore discussed 1
in the Senate, because a document, the au
thenticity of which must depend upon its
having been presented duly executed to
both the Governments of (he United States
and Spain, was not in the possession of the ‘
United States —a paper the existence of
which is matter of surmise, and which when
produced can throw no additional light up
on the controversy.
The Report made to the House of Repre
sentatives remains to be disposed of, at the
ensuing session of Congress. The Com
mittee have adopted a conclusion adverse
to tire State’s claim, under a persuasion that 1
the weight of evidence is against us—a con
clusion which I cannot suppose will receive
the sanction of the Representatives of the
people in the Congress of the United Slates.
If any thing were wanted to strengthen the
overwhelming evidence of our right, it
would be found in the enactment of the
first law respecting this Boundary line af
ter the peace of 1782.—The act of the
General Assembly for opening the Land
Dili ce passed on the 17th of February 1783.
The 13th section of that act ordains and
declares that (he limit, boundary, jurisdic
tion, and authority of the State, extends
from the fork of the Apalachicola, where
the Chatahoochie and Flint Rivers meet, in
a direct line to the head or source of the
Southernmost stream of the River St. Ma
rys and along the course of said River St.
Mary’s to the Atlantic Ocean—a satisfacto
ry proof that the Southernmost stream was,
at that day, known or held to be, the. main
branch of St. Mary’s River. Whatever
may be the decision of Congress, it not ap
proved by the State, it is not obligatory.
Since the cession of Florida to (lie Federal
Government, the Slate of Georgia is a par
ty in the settlement of this controversy, no
longer represented by the General Govern
ment, but independently asserting its own
right, and to be heard before the competent
tribunals, on whose integrity and judgment
reliance may he confidently placed for (lie
final establishment of it. Having given the
strongest evidence of our desire to avoid
the ill consequences of agitating the ques
tion before the judicial tribunals, it is for
you to consider, whether it is proper to wait
tranquilly (lie decision of Congress, or take,
provisionally, measures to ensme a speedy
investigation of our right, should Congress
refuse to repeal or modify their art of 1625,
The State of Alabama is not vet recon
cilcd to the boundary line between us from
tho Chatahoochie to Ndcksjac. I regret
that it ha# boon thought necessary by Ala
bama to protest against tho act of Georgia
as an infringement of the rights of her Sis
ter State. Copies of the protest and the
correspondence with the Governor of Ala
bama in relation to it, accompany this mes
sage.
The solemn promise of the United States
made in 1802 to remove at their expense
the Indians from the territory of the State,
is yet to be performed. Os (he wish and
determination of the Federal Government,
in all it# Departments, to fulfill that pro
mise as early ai> practicable we have repeat
ed assurances. The policy heretofore pur
-ued towards the Indians, the mode of ef
fecting the purpose of the General Govern
: ment by contracts with the Chiefs ol the In
dian Tribes, or with (he Government creat
ed by those Chiefs, is still persisted in, nor
is there any indication that a change is con
templated. In this Slate it is well known,
that, without a change of policy, the-Go-
IvCrnmentof the United States cannot by a
(contract with their Government remove the:
'dirrokces. The rulers of that Tribe, who
have since the year 1818 systematically de-|
voted themselves to defeat any attempt to|
purchase out their permitted occupation ofj
our lands, have as a last resort adopted a
Constitutional form of Government. Byj
this instrument the annuity paid to the Tribe
by the United States, and all the rights and
privileges of (he individual Cherokees are
controlled—a Government professing to be
'independent, is sot up in defiance of the,
'authority of tho States of Georgia, Tcnnes-j
jsce, Alabama and North-Carnlina, upon the
territory and within the jurisdiction ot those
‘ States. The Cherokees have been indeed
f!tardily informed by tha Chief Magistrate ot
1 1 the Union, that this attempt will not make!
‘jany change in the telafen in which they
stand to tho United Stales. The new Go
vernment however continues unmolested to
(exercise its power, and seeks to strengthen
jitsclf by conferring citizenship or denizen
'ship upon such white mcchanick# as choose
to incorporate with them. Here within our;
own territory, upon the land forming apart
(if our sovereign property, is a Government
exercising authority independent of ours,l
and denationalizing our citizens in order toj
strengthen itself ia its opposition to our
will. This state oWthings cannot be en
dured. If (he United States are unable,
acting on 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 tenitory within
our sovereignly, in the only practicable!
in,,«le, our duty to the people and to postcri-i
ty requires that we should act. Os the right]
of the General Assembly to Legislate over;
all persons and all things within our territo
rial limits, on general principles, a doubt
cannot he entertained. Is there any thing
in our Constitution —in the Federal Com- .
pact to which we are a party —or in our re
jlalion to the Cherokees, inhabitants of this
Slate, which impairs, in respect to them, our,
sovereign right r In the State Constitution;
there is no limitation of the Legislative povv-!
er over the Indians within our territory. Inj
the Federal Compact, sacred in our eyes,:
to the provisions of which we have ever]
looked with veneration, and which we will
be the last to impair, the only clause which
Can be tortured to bear upon the question is
that which gives to Congress 1 ' the power to
regulate commerce with the Indian Tribes.”
—To the Cherokees within the State we
owe protection, and to us they owe obedi-j
ence. In no instance, since the adoption of
(he Constitution of the United States, has 1
the authority of a State exercised over lhe|!
Indians within its limits been disputed oi"J
disregarded. The Penobscols and Passa-lj
mnquoddis in Massachusetts and Maine, the!
Narragansetts in Rhode Island, the Sene-1'
cas and Oaandagos, &,c. in New-York, the j
Choptanks and Nanticokcs in Maryland,: l
the Famunkies in Virginia, the Catawbas inj*
South-Carolina, tlio remnants of various, l
tribes yet existing in the old thirteen States, 1 '
except Norlh-Carolina and Georgia, are all I
protected and governed by State laws. On 1
what just principle or plausible pretext, can! l
(he right ot Georgia to exercise similar pow- J 1
1 er in regard to tbc Cherokees, be resisted ?
Believing that our right is undoubted, that
j 1 the exercise.of our sovereign power is re
, 'quirod by the best interests of the State, an
! important consideration presents itself for(
, examination.—What disposition is to be'
made ot the Chotokecs who reside vvithini
the State ? To expel them would be cruel,
. and unjust ; to leave them as mere tenants]
at will ot their present settlements would
| be a reproach to the character of the State ;
. for incorporation, with equality of rights as
' a part of our political family, they are unfit.l
Under these reflections, 1 recommend to 1
j you to extend all the laws of the Slate over
. the territory lying within our limits occupi
, ed by the Cherokees—the Indians to ba sub-(
ject as other persons to the operation of
, those laws—To secure to the Indians, im-l
t mediately, the enjoyment of all civil rights
—lo grant to each Indian family now iiv
.ling in the State, while they continue iu it, a!
~sufficient body <1 land (or (heir comfortable
I support, looking (« the General Government
under the compact of IBUC (or the value of
i- the lands thus granted, and for alt the ex
j peuses that may be incurred by the State inj
j the execution of ihe proposed enactments.
jAs an evidence ot respectful deference to
j.the United States, and of mjr detennina-j
tion to treat with tenderness tbc Cherokees.
iilioSe late is to be elhjcted l>v these regula
tions. 1 recommend that the operation of
tho act be prospective- -not to take effect
l unt ‘l 1,10 President of the U. States shall;
’ have ample time to ascertain whether the!
1 Cherokees choose to remove for a just equi-i
' valent, or to remain and to submit them-}
selves to the authority of the State Govern- 1
meat. You will find in the contract madel
hv the President of the U. States and the
Arkansas Cherokees, herewith submitted, a
*,mo ive tor tins delay. I have-been inform
* ed by one of our Senators (Mr. Cobh) that
,;aa article in that contract was inserted for
i|the express purpose, and under the belief
that it would be effectual, of enabling the
President to induce the Chcrokees in Geor
gia to remove beyond the Mississippi, and
that the whole contract, notwithstanding it
contained many highly objectionable fea
tures, was chiefly, it not altogether, on our
account approved by the Senate of the Uni
ted States.
Having been casually informed that the
Creek Indians had given permission to one
of their tribe to erect extensive works near
the Chatahoochie to be supplied with water
power by a canal from that Uiver, I consi
dered it necessary to forbid the execution
of the scheme as inconsistent with the rights
jot the State. By the correspondence sub
mitted, you will find that the President co
inciding in this opinion, has directed the
Creek Agent to prevent the Indians from e-
Irecling any such work unless authorized by
tlie General Assembly of this Slate.
During the last session of the Legislature,
complaints were made of depiedaUons hav
ing been committed in Lee county, by par
ities of Creek Indians, who crossed the boun
dary line, in search of such means of subsis
tence, as are. to be found in our forests.
iSince that period, similar complaints have
been made by other frontier counties, and
igreat apprehension has been more than once
felt, that it would be necessary to use the
Military power of the State, to punish the
Indians for their misconduct, and to drive
them beyond the boundary line. The Con
stitution of the United States, limiting the
power of the State Executive, to cases ofac
! tual invasion, by an enemy, or such immin
ient danger as does not admit of delay, in the
absence ofany state law, it was found neces
sary, as there was obviously no settled plan
of hostility, on the part of the Indians to ap
peal to the Piesident of the United States,
keeping him accurately informed of every
new event, and making in the interim, all
necessary preparation to act with effect, if
active interference should be indispensible.
Alter much correspondence with the Fede
ral Administration, it has been thought pro
per to station temporarily, a body of troops
near the Chattahoochee, whose commander
is charged to prevent parties of Indians from
Icrossing into our territory. Evidence of all
the depredations committed, has been care
fully collected under the authority of the,;
State, and sent to (he Cicok Indian Agent,
that a demand may be made on the Creek
Tribe, according to the Law of the United
Slates. Our citizens who have suffered in
property or person, have a right to expect
and will no doubt receive eventually indem
nification, under the guaranty of the United
States, contained in the 14th section of the!
act of Congress of the 30lh March, 1802. I
request your attention to the numerous pa-|
peis relating to this subject, and suggest the 1
I propriety of some act, authorizing the civil;
and Militia officers of the State to disarm,
arrest, and send beyond the boundary lino. 1
any Indian not a resident, who may be found!
wandering, armed in our territory. By an|
act of tht General Assembly of the 22d j
| December 1808, jurisdiction is ceded to the|
Federal Government, over all places which
may be thereafter acquired by the United
States, for the purpose of erecting forts and
fortifications, with the single proviso, that
forts or fortifications shall be crcctcid there
on.
The Framers ofthe Federal Constitution,i
seeking to procure for the Government, cre
ated by it the necessary and exclusive juris
diction over forts and fortifications, &c. &c.
intended to protect the States against the!
possible abuse of this exclusive power, by!
making the consent of the State Legislature, j
necessary, before jurisdiction could be ac
quired. A general law leaving every tiling!
to the discretion of Congress is certainly not;
according to the spirit nor with the intcn-|
tion of the Constitution. The Legislature
acting at the. time the purchase is to he made,
can alone judge ofthe propriety of granting
the exclusive jurisdiction desired. Itisfrom
;no illiberal feeling nor unworthy jealousy of
the Federal Government, that this act is
brought to your notice. The repeal of it is
necessary, not to preserve us from intended
injury, but that our Legislature under the
Constitution, may confirm to the true con
struction of that instrument.
The information collected, pursuant to its
wishes of your immediate predecessors,of the
subject ofthe Penitentiary system, from other
'states who have adopted it, is {.aid before you.
( lt would be useless to disguise the fact, that
'our efforts to execute the corrective system
have not been entirely successful. Our par
tial failure is to be traced to several distinct
:causes, the most prominent cause is the in
sufficiency of the buildings prepared for (he
purpose. Large sums have been n judici
jousl v expended on a plan so defective, that
.it is difficult to decide whether an attempt
Ito improve the buildings now in use, or the
;appropriation of them to some other public
I purpose, and the erection of new ones in a
ibetter situation, would be most economical.
The devotion ot a large portion of your time
! to this subject, that all defecls in the organi
sation ofthe Institution, in the system ofdis
| cipline prescribed for it, and in tiie executhm
t of the laws for its government, may be tiis
|covered and corrected, is required by the
interests ofthe community, the character of
the State, and a sacred regard to humanity.
It would be a grievous reproach if we, wlio
were comparatively late in adopting that
benevolent system which seeks the redemp
tion of the character of offenders against pub
lic justice, in the punishment inflicted for
their crimes, should be the first to abandon
it. It we should be compelled to acknowl•
edge that we have not wisdom, virtue or con
stancy enough to execute a plan in full ope
ration and producing the most happy resuits
in other States.
Every days expsi ience adds to our knowl
edge of the defects of the Fcnal Lode. I re
call to your attention, the communications j
heretofore made by my predecessors, partic
ularly to the Executive Message ot 1 827,.
communicating a report from one of the
Judges (Schley) ofthe effects of the ainenda-;
tory act of 182 b. To (he information con-|
tained in that report, I will add, that it is
. ascertained that the punishment of a free per - j
! 'son of colour, convicted of inveigling a slax e,;
ijis now one >ears imprisonment in the Peni
tentiary, while a white person is subjected u>
.[severer penalties—a distinction not justifi
. able in itself, and dangerous in its consc
. quences, to the security ot property and the
r peace ofthe State. Another ot our Judges
(Colquett) during the past year, found him
self compelled to sentenre n poison convic
ted or ttie offence of mayhem to the pillory,
and the payment ot a fine of £IOO, or to suf
fer if unable to pay the fine, the barbarous
punishment of one hundred lashes laid on his
naked back. The poverty ofthe person con
-1 victed, was so notorious that (he payment of
' the fine was not to be expected, and the Exe
cutive under a recommendation from the
: Judge, was obliged to interfere to prevent the
: infliction of a brutal punishment—a disgrace
: to our criminal jurisprudence, and which in
1 the opinion of the community, has been long
since expelled from our Code. A careful
! and matured examination ofthe act of 1820,
will enable you to correct these and other
errors that have unavoidably arisen from the
! use of general terms, and their application
to all the previous legislation ofthe Stale on
1 crimes and punishments.
Fifty thousand dollai shave been paid out
I of the public Treasury, during the past year
I for internal improvement, forty thousand ap
propriated for 1827, ten thousand for 1828.
The commissioners of the Altamaha, Oak
mulgee and Chattahoochie rivers, to whom
this money lias been paid, are cither engaged
in the execution of their respective duties, or
! making actively, preparations to commence
their operations. If reason did not teach us,
that large appropriations of money and lavish
expenditures were insufficient to devclopej
the internal resources of a State, for facilita
ting commercial intercourse, the experiments
made here, have furnished a never to be for
gotten lesson of instruction. The sum of two!
hundred and seventy-one thousand dollars 1
has been appropriated anil partially expend-j
ed on the navigable waters of the State. On;
public roads, if the value of the labour our[
,'citizens are liable to perform annually, bei
ifairly estimated, as much money is expend-;
jed in Geu'fgia as in any part ofthe Union. 1
! need not remind you (hat there is not a wa
iter course in the State which affords all (he
]commercial facilities it might be made to
yield, nor one of our roads to the extent of
lone hundred miles in length, in perfect or
der. Does this arise from the want of a well
I matured general system or internal improve
! ment ? From tho imperfection of (he laws for
ithe improvement ofthe roads & water cour
|ses of the State ?or from a neglect or un
faithful execution of those laws? A moments 1
reflection will suffice to prove that the want;
of a general plan is a-fatal error, and that!
the provisions of our laws are in many re-1
spects imperfect. The Commissioners ap-j
'pointed to improve the navigation of our ri
jvers, and the Commissioners of the Public!
I Roads, are unpaid labourers in the public
service ; to hold them answerable as officers
; whose time is devoted to the public for an:
equivolent remuneration, would be unjust.
I That constant care, unwearied diligence and
j wheel horse labour, necessary to a perfect
!jaml faithful execution of their duty, cannot
•j be expected from those who derive little rep
utation from success, and who in place of re
ceiving compensation, are compelled to in
>i cur considerable expense, and lose much
v time in the performance ofthe tasks imposed
'iupon them. In great emergencies, and in
[.all cases where sudden calls are made upon
’ our citizens for important and striking sacri
fices to the public good, patriotism may be
.safely relied on, but in the execution or su
;l perintendeuce of public works, when the toil
iis constant, wearisome and enduring, the
successful execution of them necessarily
> long protracted, and the honors obtained by
! (he completion of them, divided among ma
ny persons and contracted within narrow
. limits, those who rely upon (he influence of
t!patriotism alone will be sorely disappointed,
i It may be safely asserted, that (he laws are
• in general as far as we have a rndit to ex-
L pect, faithfully and carefully executed. In
- recommending a thorough revision of all the
: laws for internal improvement, & the adop
- lion of a system embracing within its scope,
fall the great rivers and roads in the State, i
: consider it my duty to express the opinion,'
; ; that the appropriations of money, without
f the’adoption ot a general system wisely ma-j
i| tured, and to be carefully and prcservingly
.[executed, is an improvident application, if
• not a waste ofthe public treasure. Connec
■ I ted with (liis subject, I have to state the
-'great embarrassment under which I have la
boured with regard to the Civil Engineer. 1
-{found that officer in service under an an-1
'lpuinlinent unlimited as l» time, and receiv
ing under an appropriation of the preceed
. ing year a salary of g 2500. He had however!
> given notice to my predecessor of his inten
-1 tion to resign on a given day. The last Gene-;
r.d Assembly having adjourned without mak-;
- ing an y appropriation for the salary of Hie
Civil Engineer, it would have been taken tor!
i granted that whether (he intended resign*- 1
- tion was made on the day indicated or not?the!
- officer was to be considered out of the public
- employment. The General Assembly tho’t
proper to express great regret at tire loss the
public was about to sustain by his withdraw
al from service, and pointed him out as a pro
per person, in his character as Civil Engi
neer, to superintend the additions to bo made
to the State House on a plan furnished by
ihim—an intimation of preference, the Exe
cutive could not disregard without a viola
tion of the respect due to the two Branches
| of the Legislature. The Engineer having
been thus selected to superintend the im
iprovements to the public building,did not re
sign his appointment as Engineer, and (’no
Executive was under the necessity of look
ing for a fund out of which a compensation
was to be paid for his services. This com
pensation will be paid out of the fund here
, tofore drawn upon, until the end of the
j present quarter. The General Assembly
! being now in session, there is no longer a
. necessity for the. exercise in this regard of
Executive discretion ; beyond the period in
dicated, it will not therefore be exerted.
jiAn examination has been made by the En
gineer, of the Chattahoochie from Colum
.jbus to its junction with the Flint river, and
pjthe Oakmulgce above Macou —his reports
.iare herewith submitted.
, The condition of (lie Judiciary requires
, your most serious attention. Under the
( present arrangement of eight Judges of the
! 'Superior courts, each confined to the Circuit
.for which he was elected, supreme in his
’ authority, not bound by the decisions of his
predecessors or cotomporarics, and not al
! ways by his own, while these will be in their
, turn disregarded by bis successor, there can
! be neither uniformity nor certainty in tho
! laws for the security of the rights of persons
or property. It is an awful reflection that
property, life, liberty, and reputation, arc,
with us, dependent upon the decision of a
single Judge, uncontrolled and uncontrolla
ble within his Circuit, and not always dis
tinguished for ability, intelligence and in
tegrity. The confusion produced by co
-1 temporary contradictory decisions, every day
increases—property is held and recovered
'jin one part, and lost in another part of the
[state under like circumstances—rights arc
[asserted and maintained in one Circuit and
[denied in another, in analogous cases.—So
itnuch depends upon the opinion of a presid
ing Judge, that suits are matters of specula
tion and management. The most astute
lawyer, scrupulously conscientious in the
'[advice given to his clients on cases submit
ted to him, can only inform them, what will
! be the result if actions are brought and de
cided during the term of the then presiding
! Judge. Suits are brought or postponed;
pressed to trial, suspended, or delayed by
jthe parties, according to the known or sup
posed opinions of the presiding Judge and
the nearness or remoteness of the time when
a new election of Judges must occur. Wc
.have all the complicated judicial machinery
for the correction of erroneous judgments.
Appeals, writs of error, motions lor new
trials, and in arrest of judgment, arc used
as if in mockery, since the appeals arc tried,
the writs determined, the motions decided
ihy the same Judge, Whose erroneous judg
ement is to be corrected, arrested or set
[ aside. All the delays of tho English system
iare permitted, but time only is gained or
dost, unless indeed the presiding Judge has
ja mind of extraordinary vigour and mag
nanimity, capable of discovering and prompt
| to confess its errors, or death or a new elec
-1 tion removes him from his place. The dc
jstruclion of this judicial octarchy, by the
of a single Supreme Judge
'l whose decisions should govern in all the
1 would be an important improve
lment. it is not necessary to vest such
[[tremendous power in the hands of an indi
-jVidual. The object to be accomplished £an
he obtained by less dangerous means. . The
'[most simple and obvious remedy is the csta'o
jlislunent of a court for the correction ofer
' rors, &c.—This remedy cannot, in my
(judgment, be applied without a change in
1 [the constitution which requires their “ er
11rors shall be corrected ami new trials de
termined, in the Superior court of the coun
ty in which the action originated.” Under
' this clause of the constitution, however,
[[conventions of the Judges have been re
squired, and in these, properly regulated, a
ipaliative may be found for the existing dis
orders, until a radical cure can be effected
' by an alteration of the constitution.
[.[ I lay before you a statement of (lie w?r
'rants drawn upon the Treasury, and a list of
dExecutive appointments made during the
: past political year ; and copies of the annual
reports of the incorporated Banks of (he,
hState, except (he Merchants and Planters
nllank, and the Fire Insurance Company of
’ Augusta, from which no reports have been
'| as yet received.
; I communicate to you documents and
.resolutions from (he State of Maine on the
[subject of the North Eastern boundary of
' ; the United States, with copies of a letter
from Governor Lincoln and my answer—a
h report of a select committee of the Legisla
ture of South-Carolina, and sundry restflu
(ions on the subject of State rights, trans
mitted for tire purpose by Governor Taylor :
a report and rcsolutions'adopted by the Le
gislature of Ohio, expressing their opinions
I <-d tne principles- and doctiines contained in
the preceding report from South-Carolina.
and threo papers received from (he Gover
;nor of Vermont, the first on the subject of a
proposition from Maine respecting the ap
propriation of a part of the revenue of the.
United States to the purpose of infernal
'[improvement, the second continuing a re
solution rejecting the amendment of the
'| constitution of the United States proposed
by Georgia preventing the election of Presi
dent of tiic United States, in any event,