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i'hcm rur Georgia jornwAL - i x fua.
MiLLEDGEVII LE, NOVEMBER 8, 1831.
’’fits pay, at ISJ o'clock, the Governor tians
Olid. Ito ,th brunches of the Legislature
*hc foil - ving
WKSSACKIiJs
l.xKConvr. Df.harime.'- r, Ga. }
Millnlgrmllc, P'np. 8, 1831. ij
-fn ■ 3i• -;ce to ofliui il fluty, I proceed to lay
h ’ • ■■■ you an account of the transactions of the
L.ii'ffjiivo branch ol die Government, du ir.g the
past year, and to recotuincnd for your eonsido
raticn, such measures as are deemed beneficial
to tin. State.
Ihe resrlutionn which wore passed iinrncdi-
Vciv previous to the adjournment of your last
f" ion, »!,■'*’> the subject of the citation of the
f Jintice of (h United States, were carried
in ■ effect Tin Indian Tue-.ela paid the forfeit
- life according to the demand of the law,
■ ‘ ■'d vio ill'll A writ of i- 'or to stay
;■ 1 •’ '< codinga ol thu Superior v.-juit to that case
had hnen sanctioned by the Chief Justice, and
like the citation to the Governor, sent through
the I’ost Office to the officer, whoso conduct it
was intended to control, thereby evincing the
disposition not only to disregard ibo highest
powers of the Slate, but to trifle with its officers,
i) attempting to deter them from the discharge
o! what was necessarily a very responsible and
painful duty.
Within a few days after the execution of Tas
sols, a letter was received, fom John Russ, in
which he slates, that the Cherokees were about
to apply to the Supreme Court of the United
States, for an injunction to restrain the Slate
om 'exorcising jurisdiction over them. This
letter was accompanied by a printed paper with
out signature, jun-porting to boa bill in oi|uity
brought by the Cherokee nation against the State
of Georgia.
In a previous message to the Legislature, I
had expressed the opinion that the Stale could
■ i consistently with a proper respect for its
wn oovoi cign rights, become a party before any
conn for the dulei minalion of the question,
whether it hud the.power of subjecting the peo-
I le who reside, within its acknowledged limits,
to the operation of its laws. That opinion hav
ing remained unchanged, no official notice was
taken of this proceeding. The Supiemo Court
however took jurisdiction of the c«a«, but final
ly dismissed il upon the ground that the Chero
kees were not a foreign nation.
In malting this decision, the court thought pro
ps' to depai t from the discussion of the particu
lar point before it, to express opinions exceeding
ly drnespeotfvil to this Slate, injurious to its
rights, calculated to thwart the policy of the
< ueral Government, and to keep alive the ex
< in ment which has arisen out of the conduct of
our Indian affairs.
The court ufii.ms, that no case could be belter
calculated to excite its sympathy, than the con
duct of Goo.gia to the Cheiokeesj that they
have been continually deprived of their lands,
until they at present retain netno.e than is ne
cessatyfnr tlioir comfortable siibtristonce ; that
they form a Statu capable of governing them
selves; that the nets of the government ruling
niza llioui to boa State; and that the com Is me
bound by those acts, that they have the iiiiques
dutiable anil hitherto unquestioned right to the
lands which they occupy, and intimate to them
that it will rodiess their wrongg when the appli
cation is m.nlu in proper form.
Permit me to cull your attention briefly to
these several statements of the court.
And what wrung lias Georgia, (lone to its Indi
an people, to call lor this extraordinary sympathy
ot this comll, They are in the peaceable posses
sion of their occupant rights. Intruder!' have
boon removed t’ oin among them by severe psna
.aws.—None of ibo burdens of Government him
boon imposed upon them. Instead of being
reduced to a remnant of land not more than snf
ficiont for their comfortable subsistence, they
are ni the possession of near five millions o
acres in this State alone, of which the aborigi
nos do nut cultivate more than five thousand,—
i'liey are indeed becoming more and more des
tdule. Not however, from want of land, bu
because their situation is unsuitable for (ho im
provement and happiness of an Indian eople.
Is it trim that the Cherokees have mi on pies
'-tollable and hitherto unquestioned right to the
lands which they occupy? These lands torn
| actions of the tuiritoiy of the Stales of No tl
Carolina, T ennessce, Alabama, and Georgia
I list portion which is in Tennessee was cedei
by Nn tb Carolina tothe United Slates, upon ih.
express condition, Unit it should form a comtnoi
loud lor the benefit of the Union, and be appliu)
*.o tltc pay ment ol the public debt. That nortioi
which is in Alabama, was sold to the Unite*
States by this Stale, fora valuable consideration
and betqie any attempt had been made to ex
anguish the title of the Indians, or to exercise
jui isdiolion over ilium. In consequence of wind
sale it was made a condition of the admission o
the State of Alabama into the Union, that i
should disclaim all title to the Indian lands with
in its limits, the United States declaring by law
that at bad the sole and exclusive power to dis
Voso of them The United Stales has acknow
(edged that this State has both the .ighlofsoi
and jurisdiction over that portion which is with
in us limits.
It is difficult to conceive of any propositioi
lending to lift re absurd consequences, than lb i
laid down by tho court, that any Indian trib
with which the United Status forms contracts, t
which tho term treaty may be affixed, becomes
nation, capable ot governing itself, and entitle
letbe recognition of the courts, as Slates. !
would bring into being hundreds of States, in
.c ly incapable ot sell-defence, or exercising on
a"-iihuta of National Sovereignty. If. the opini
on of the court be correct, limn all the tciritor
a ni-'h \\ as acquired by the ot igmal thirteen pre
vnu \;>,l governments of various Indian tribes, i
it - the property i t tho aborigines, because lli
i alics by which it was obtained were invalid
not having been made by the King of Gres
*- ritam, v. ho Mono had the j ewer of enterin
into nattoiml compacts.
Anolbei diflicultv equally embarrassing, wool
ans. out ot our rolatioiia with tho Cherokee
themselves, A few years ago, the Unde
?J. Hle , s f e !“ 0 !? d ,l k OlllOll df that tribe to th
Uus 0 the Mississippi, and placed them u, o
.he public land, and have since made seven
treaties with thorn. Which is now the Chore
t W l llo,e,ld «o'l 0 ' 1 H«e land
-d the Undid Staten, cr those within Georgia
, Blt whatever obligations the United States „ia
iavu uicurred by jts contracts with i| m pj,
11 kas 110 constitutional muherin uilimit !
m any manner alter the territorial r ights w ',.; o
■jclonged to thi; State, when it became a mVn
fcer ol the Union.
Upon no subject has there been more, mini
presentation than in relation to the govarnmei
o the Cuerokovs, and tins civilization of tl
; eOida of that tribe. Upon examination it wi
a ' J l°bnd thnt ibo aboriginal people arc as it
:• ikonglnless and improvident «a forme
vv ; j u -y 01 tho T 1 1" ami character whir
- ..a ned (item When warw as their cm. Joy
; xrut - : ‘ d'-' l ' support derived from the lores
lha ! " them in ibis Stale, with the ei
■■ itouol Ine family, have a., ■ i re H
v i"|, : | '"un hticd by ll “‘ improvement
V. 11,1, bare bi ;; 1 ' made-by 0i1,., * ,h on ,
l “ 1 l!i8 Ir * lUk,lt of the Counci
• a J.i’.gc-i, .'la r... n mil {sheriff.. arid most olh
r | c ' ii)., cor.ce'in tk-t administration uli
ihn Govermnenl, :r n lliedn ccmlants of Euro
I " :lri »"■> many of them citizens of this and
adj lining S.i.d -. ; and tlini Ihn Indiana in
0 •’• ■; 1 <>f bvin.' under < h ,ir own sun, le usage
'll I m - loui'i, has e been r ompi.lli d to submit to
a ■•y-icm rl laws and police, wholly unsnileij to
Ihr ir ftond'.iioii.
t Imc.uidiaioly after (he law was pagseil mi
-1 .’.Ol izini; il;.- too itinn of a guard, forty mount-
Yml men ’ r o o g„nized under Iho direction of
• •' C,|V<l nd intelligent coimhainli;end station-
B ' 11 "'llhiu ’lie. territory occupied by the Cheio-j
- kef , -itlro d ■ t (ircvent trespasses upon the
3 Gold .Mir-a, to Riipprcss the authority of the L
di m and to remove all white men from
■ among i! Cherokees, who did not obtain licen
t sob to continue iln i residence as required by
a law. Tins doty bac been porfo mod in a man
-1 nor which ba-. reflected great c.iedit on the guard!
t and its cumin inders, and rendered the most es
, rontia! siovicc to tho Stale.—The difficulty of 1
f removing litivlesa persons from the mines, prov
> od to b , gii.-ito than had been at first anlicipat-
I ed, an I was only overcome hy the use of the
1 most vigorous treasures. The Mines are bow
t ever 'anialed so far apart fom each other, that
1 has been found impossible to prevent occa-
I sional t. espasseg upon them. This can only be
i prevented hy having them worked under the
i authority of State.
i An unexpected difficulty has been placed in
t.o o-ay of an efficient protection of the mines,
by tile decision which lias been lately made by
1 Uie Judge of tho Western circuit, that tho law
• which renders it, penal for to dig for gold
• unconstitutional. It having been made the
1 speci il duly of the Governor, to lake possession
• of the mines, and to defend them from trespass,
end having no doubt about the constitutionality
1 of the law, I considered mpself compelled to
1 obey its requirements. Orders were accordingly
given to the guard, to arrest all persons who
might attempt to dig for gold, leaving it to the
' judiciary officers to commit or discharge as they
> might think proper. These orders have as yet
’ prevented intrusions. This will not however
i continue to be the case, if it should bo ascertain- i
' ed that the law may bo violated vvnh impunity, i
There is also reason to' apprehend, that the de- 1
cision of the court has thrown an almost, insupo- i
1 ruble obstacle in the way of the efforts, which :
; are now making by the Umied Stales, to induce I
the Cherokees to emigrate. j
Os the white men who have been residing r
among the Cherokees, two hundred and three I
• have taken the oath to support the Constitution I
and laws of the State, and received licenses to I
• continue their residence. A tnbst obstinate and j
1 perverse opposition has been made to the au- r
1 tlimity of the Hiate, by certain persons represen- i
• tmg therncolves to be religious Missionaries, and i
1 paiticuhnly those who have acted under the di- i
ruction of the Board of Foreign Missions in Bos- i
r ton. Although some sectarian zeal was for the i
moment excited through various misropresenta- i
1 tions of the'conduct of the government towards i
i these men, it soon passed away, when it was dis- i
covered that they had been as actively opposed i
I to the policy of the General Government, us to
‘the enforcement of the laws ofGeorgia; that
• they had been treated with great forbearance;
5 a..d that they wore tho mere instruments in the
• banns or others, of promoting altil extending par
-ty strife. It is nn honorable distinction that be
-1 longs tonur country, that its citizens are neither
proscribed for their religious opinions, nor pro
tected by them from punishment for crime.—
0 Twelve persona have been convicted for illegal
residence, and sentenced to confinement in the
1 Penitentiary. They have all been pardoned up
y on the condition that they would not again offend
' against the laws, except two of the agents of the
M Boston Board, who refused to be the subjects of
-11 Executive clemency, upon such tennis.
B Ihe cnfoi cement of the Cherokee laws, has
" been completely suppressed within this Sint®
Nodisposition has however been evinced nn the
y part ol the Indians, to become mombois of our
community. The mass of the people are indeed
'■ not prepared for it, & would no doubt have long
_ since accepted tho offos of the U. S. Govern
ment, to give them possession of a territory to
)( the West of the Mississippi, in exchange for heir
I present occupant rights, but for tbs controlling
influence of a class athong them, almost exchl
s‘ sively made up of tho descendants of the whites;
10 and oven that would perhaps helm e this
II time have consented to leraove, but for the su )-
11 po. t and encouragement which they have re
'■ reived ficm diflforeut parts of our count y, . nd
,l ihe importance which their leadeis have acouir
ed, by being made the instruments of exciting
111 the peo le to oppose the measures of their gov
einment, and iliieciing popular resentment n
-10 gainst those who administer it. Tho State owes
' 11 to itself, to |iui an end to this state of things, so
b far as it can be done consistently with tho rights
of the aborigines.
u Fm this purpose I would specially recommend,
1. tkat you pass laws requiring under adequate
1 penalties, all the Cherokees who have received
'I reservations in fee, or been paid for thuir irn
'• nrovemetits and who have again settled upon the
v land* occupied by the tribe within this Slate, to
s ' remove the cfroui.
The law for sin veying the Cherokee Territory,
!1 into sections and districts, has been executed
“■ without difficulty. One of the Surveyors (Benj.
ii. Slurges,) failed to perform the duty assigned
>n him. Uis bond remains to be sued upon for the
return of the public money, which he received
Ju and has not accounted for.
10 The Territory surveyed lias been organized
11 hy the eleetion-oftvvo Justices of tho Peace and
J '> two Constables in each Section. These means
“ however are entirely inadequate for tho exeou
lt- lion ol the laws, or the preservation of order.—
18 1 ho I’m illation of a county to bo composed of all
l1- Ibo I orrilory occupied by the Cherokees within
T | the Stale, it which now form part* of the Coun
tics of Carroll, De Kalb, Gwinnett, Hall and
18 Habersham, is perhaps a necessary measure to
give protection to tho rights of the people, and
°i biing into subordination those of the Cherokees
at who may otherwise disregard the authority oi
ag the Government,
lit Agent who was appointed to rent tho
' ( possessions relinquished hy Indian Emigrants,
* 8 pertormed that service. According to his
' 1 i epoi t the number of tho Lessees are ninety -six,
1,0 and Ike rent contracted to be paid for the year,
seven thousand six hundred and six dollars,
a Any attempt to lemovethe Cherokees during
°- the pendency of their application to the Supreme
°s Couit, was considered useless. The opinions
11 expressed by the Court in making its decision,
a - slid the use which was made of them, tendered
'* highly improbable that the General Govern
°v, T Ol1 * v°uld treat successfully with llie Chiefs.—
*, h iom information derived from various sources.
1 ”y lB convinced that the Cherokees could not
jundi r existing circumstances he removed except
.'y individuals and families. Letter* w ere ac
(-lO'.imgiy addressed toibe .President and Secrc
nll ihaV'.i,, a /’, Ike adoption of this plan, and
,i °Gbe State to have the Indians remov
, . ' Vlt km it» limits independently of the
rl Uiiited%Kt'° l ’ llet) 01 11,0 ( ' Bllolal policy of the
, t ■-’•"vs. as an act of justice arising from
' 'be contract of 180" Vu„ «,.n * J
i t> oj. t »°u Will perceive m the
' , ’ 8 an .' We 'i' h;8B?ron ? to g; atily
the wishes of flic State. Through some ove,
. sight in the War Department, Urn necessary m-
Os struclions weie not made out for openin- the
V l”" 0 , 68 . 0 * emigration, until the present d.slin
“< dashed head ol that Department came into ot
tice. Tiou will fim! .r. the paper* which are laic!
I before you. the fullest evidence that the Presi
dent is now using all the me ms placed at his
( eornmand to induce the Cherokee* peaceably to
relinquish their occupant rights. There is little
■ louhl hut that success will ha the result of his
i measure* if supported in tho proper manner by
> the authorities ot this Hurts. Permit rne partio
ulmly, to recnmmrrnd, that you pass resolutions
■ authorizing the President to gr ant r eservations
in fee oj such quantities of land, as may he am
' ply sufficient for tln-ir -ripjo t, to all the Chero
jkees who are actual cultivators of the soil to any
extent, and who may desire to remain within
: the State and subject to its laws, u: on conside
ration that tha Udited States Government will
pay io the State a reasonable valuation therefor.
lire law which was pressed at your - last ses
sion, for the survey and distribution of the Che
rolteo lands, was not to ho carried into effect
unt.l the title of the Cherokees was extinguished
by tin- President, or until further legislation. As
the Indian title has not as yet been extinguished,
K will be. necessary lor you to determine whe
ther any, or what further legislation shall be
had upon this subject. Permit me most re
spectfully to express tho opinion, that the
condition upon which that law was to go in
to operation, ought not to be repealed. If it
should, anil tho Cherokee lands distributed ac
cording to its provisions, the effect would be, !
10 deprive our Indian population entirely of their r
possessions without their consent and without 1
any equivalent. Tlia,phaiacter, of the State, the r
interest of rhe Union, respfect for public opinion, r
and the rights of the Indians, forbid that so gross i
an ad of injustice should ne committed. 1
Although the rights of soil and jurisdiction are j
attributes of sovereignly which belonged to the I
State when it became independent, and with
which it has never parted, and in the exercise of i
which it cannot he constitutionally controlled by (
the United Stales, it does not follow that those 1
rights authorize the State to place the Indians !
beyond its protection, o to take -from them i
their j osseysions, to be distributed exclusively e
among another portion of its population. . t
Copies of Resolutions passed by the Legisla- t
turas of several of tho States, upon subjects of
Gene ril concern, ar - laid before you. Your at- r
tention is particularly called to those from Mas- i
eachusetts ami Connecticut, charging this £
Slate with the design of dissolving the Union, c
because of its expressed determination not to f
permit the Supreme, Court to control its ju- t
risdiction over crimes committed -within its r
limits. It is much to he regretted that i
rhe prejudices and unfriendly feelings which s
have already been excited among tho poo- B
pie of different sections of our country, by jar- o
ting and local interest*, should be embittered by ii
unnecessary intermeddling of one Stale yvitluho r
affair* of another. In what Georgia has done, rs
and what Massachusetts and Connecticut con- c
demn, otbuishave only perceived the fixed re- e
solve of the State to sustain its constitutional a
rights. Goo gia bus claimed no right to nullify /
(in the verbiage of the day) the A-is of the a
General Government, and only demands an ex- i
emption from attempts to control its author ily a
whilst exorcised u on such subjects es are wirh- t
in Its exclusive jurisdiction. f
In t lie month of May last,the whole of tho in-je
terior buildings of the Penitonlia- v were consu- r
mod by fire, together with a large quantity of f
its manufactured articles and raw materials.— i
The guard by the assistance of the citizens of t
this place and the office s of the Institution, '
were enabled to i rovent the esca-o of any of
the Convicts. They wo o immediately em- r
ployed by the direction of the Inspectors, in I
preparing temporary prisons and wo k slro s, in '
removing the walls and (rhhir-h of the dost o d 1
-buildings, and in aiding in the erection of cells I
f for solitary confinement. In ennse -nonce of I
this application of the labor-of the convicts and I
! the loss of the male-iala which had been prepar- I
- od for mnmiluctu o imj v-Kish o.itU not ho :oa i
) drly sur-plied, th amount of f iles during the
r past year haveh en very sin-II and wholly in- -
1 sufficient to suo orl the Institu -on. Seventy- '
! five i ell- for. solitary confinement have been
■ nea ly comi leted. They are const meted of the
> most durable materia l -, ind in such manner as
r efh-ctually to nrevent tho communication of the -
5 prisoners with each other, their escape, and all
■ future risk from fire.
; From indications of public opinion in various i
3 par ts of the Stale, since the destruction of the
- buildings of rhe Penitentiary, (here is no doubt ■
■ but that an effort will ho made during your pres
-1 ent session, to abandon the system of Peniten- r
- tiary punishment altogetha . The well being -
! of our community is deeply concerned in the
• course which you may pursue. The Poniten-j
- tiary ha* as yet been encountering the diffitul
s ties which, are necess o ily attendant upon all
) great and novel ondertak-ngs Its officers have
I been unexperienced, the buildings unfit for the
purposes for which they were designed, and its
, entire police exceedingly defective. Instead of
r being fostered as a favorite institution by tho
1 State, it has met with constant o -position. It
• ought not therefore to h* matter of sun riz , that
t it has not produced the entire pood effects that
3 were anticipated from it. The question for your
determination should not be, whether von will
, abandon the Penitentiary, on account oi its pr*.
I sent defects, but whether it cannot he soimpro
- ved as to prevent the commission cf d imes with
I more certainty than public whipping, pillo-y,
a branding, imprisonment in the common jails and
i hanging.
It is objected to the Penitentiary that it has
j boon a continued expense to the State. Admit-.
I ting this to be true, ought the expenditure of a
s few thousand dollars annually to be a matter of
any consideration to the Legislature, in adopt-’
" ing rhe best means of prssor-ring rhe reputation,
lives, property and personal liberty of every
n member of the community, from the lawless at
j tecks of the vicious and the violent ? From the
r esult ol the alter: aliens which were made in tire
j government of the Penitentiary three years ago,
‘ and what has been effected in similar insinu
ations in other states, it is confidently believed
II that this objection may ba removed altogether. J
| It has aUo been urged against the Ponitentia
ry, that it has not succeeded in refo-ming eon- 1
bryicts. It may well be doubted whether human
s institutions can effect much in tr ansforming vi
b cions into virtuous men, Brit whatever might
11be effected in reforming convicts, we have had
jno reason to expect any such consequence from
g our Penitentiary, because until the appropriation
u for building cells for solitary confinement, its
19 manner of punishment was unly calculated to,
b I corrupt and deg ride them. All classes have
1 been put together in the same rooms ar night, and
*" no efficient re-traints placed upon their inter
course during the day, Ths great advantage of
■ the Penitentiary Hyetem consists it its with
’[ drawing from the community for a length of
1 lime its most vicious members, and so operating
upon the imagination and fears of bad men, by
j its peculiar form of punishment, as to prevent
" fbe actual commission of crima-J. The habit of
J idleness amt itiq roper associations produce most
f; of the offences age iust society. It is therefore,
0 that constant com, iilaory labor and entire sselu-i
" s ' on from all iutorcou-se with others,-is the most
c dreadtul as wdl as the most effectual punish
) ment. When it is considered that no State has
ever abandoned this mode of punishment, that it,
Iras been greatly improved of late years in many,
f ol tho Institutions ofolher States ; thatinsomei
r- ot them large profits have been realized from
t- tha labor of the convicts; and that in others
1 acarcely any instances occur of second commit
■ nrents; is it not reasonable to asc.ibc the failure
r of tiro Penitentiary in this S ; .ate, rather to the
i defective manner in which it has been manag
- cd, than to the imperfection of the system it
r self? Is it not duo to our character for firm
ness and consistency of purpose, to make a full
and fair ex;,eri nent hefoi eit is abandoned ?
Ought wo to rh ow away all the valuable expe
rience which wo have acquired, and rhe la gs
amount of capital which has been expended,
without a thorough conviction that it cannot he
rendered useful 1 Entertaining these opinions, I
foe! it my duty most earnestly and respectfully
to recommend that the Penitentiary be rebuilt
according to the most approved model, that the
number of cells for solitary confinement, which
have been directed to be built, be completed;
and that the necessary laws for rendering its po
lice effective be passed. In addition to the ap
propriation which will be required for this pur
pose, a'further sum will be wanting for the pur
chase of materials for manufacture and the im
mediate support of the Institution.
The hill which was passed at your last session
to regulate the internal police of the Penitentia
ry, was considered unconstitutional, and there
fore not signed. The reasons for withholding
my signature, together with copies of the bill,
accompany this message.
The members of tha Guard of the Penitentia
ry- are at present under no control, because the
law which directs the manner of their punish
ment cannot be enforced. 1 would therefore
recommend that you define specifically what
acts of the members of tho Guard, as such, shall
be made criminal, affix to them their proper
punishment, and subject them to the jurisdic-l
tion of (he Superior Court.
The resolutions which passed at your last ses
sion authorizing me to appoint a Board to be
composed of three officers, whoso duly it should
be to review the Militia Laws, and recommend
such alterations as they might consider neces-i
sary to establish a correct system, by some in
advertence failed to receive the signatures of;
the, officers of the House of Representatives, and
could not therefore be carried into effect.
The returns of the Brigade Inspectors and
reports from other officers show, that the militia
is in a state of disorganization throughout the
State. The prevalence of the opinion that no
effective discipline can be acquired in time iff
peace, from militia trainings, has created among j
the people such an indisposition to submit to the j
requirements of the present laws, as to render
it very doubtful whether any additional enact-!
ments could be enforced. I would therefore 1
suggest for your consideration whether, instead
ot devising new plans for improving and enforc-i
ing discipline, good policy docs not require the!
repeal of the provisions which experience haal
shewn cannot be executed beneficially, parti-i
cularly their present harassing and useless pen
alties, and that the whole system be rendered
as simple and as easily executed ea possible.
An enrollment of all persons able to bear arms
with an annual raviow in each county; would it
is believed answer all the pu -poses of a militia
system in time of peace, and especially if addi
tional encouragement should be given to the
formation of volunteer corps. It ra not intend
ed by th recommendation to impugn the truth
<>f the maxim, that the militia of this country
for m its surest defence. The truth of that max
im dons not depend upon the superior uitciplin*
which the militia can by any training acquire o
verreg rlar troops, but the porseve.rng siiirit &
at: ,01 m with which the citizens of a govern
ment wl o enjoy the advantages or" civil and po
litical city, will always defend their tights.
The cues'ion wh ch is represented to you is,
wnelher the burdens of the present militia sys
tem. when considered in <onneclron with its
in fficiency, does not detr-act more from the va
lii” of on privileges, than any knowledge of
the a of war- it communicates, adds to their
Dm u ily-
I feel it my duty to call your attention speci
ally to the necessity of refor ming the constitu
tion, by equalizing the representation of the
I eople, and reducing the number of the mem
be sos the Legislature.—ln theory all admit
that the people are entitled to a general equality
of political power, as the surest means of se
curing to every one an equality of civil rights.
From the acquisition of additional territory, and
the division of the o rginai counties, the rule of
epresentation-fixed I y the constitution, has be
come so unequal that one-thir d of the people
are now in the enjoym.-nt, th ough their repre
sentatives, of an equal power in the government
of the State, to the other two-thirds.
I Mo«t ol the counties which have thus
acquired an undue proportion of power,
are in the same section oftho state,which,
from its climate and soil, must always
lie sparsely populated, so that the ine
quality of representation which exists
1 »t present, must continue to increase.
It is true, that no very injurious conse
quences have, as yet, proceeded from
this inequality, because it has been
brought about gradually, and has not
until very lately been the subject of pub
lic attention and interest. Factions,
sectional jealousies, partial laws, and
the unequal distribution of the public
funds, must result from the present state
of things, if the minority continue to op
pose with success the expressed will of
the people for the restoration of the con
stitution to its true principles. The public
good therefore requires that an alteration
, should be eflected as soon us possible.
According to theconstitutisn at the time
of its formation, the Sen ate, was compos
ed of twenty-four members, and the
| House of Representatives of sixty-two.
i At present the Senate has seventy eight
members, and the House one hundred
and forty-two. The consequences of
[ this change have been increased expen
(diturefor the support ofth© government,
• t numerous local and private laws, various
inconsistent provisions in tho general
1 laws, and an uncertain and varying po
IToy in the conduct of public affairs. It is
j specially necessary that the present or
i ganization of the t*enute should.be so al
, sered as to reducethe number ofits mem
, hers to what it was originally, and there
> by make tha? body an efficient Check up
ilon useless and improvident legislation,
*i an( * destroy the united action which now
.takes place between the JSenator and
Representatives of the counties, <s• pro
. duces our vast superfluity of local and
private laws. If two thirds of the Le
, £is ature cannot be -induced to vote for
an amendment of the constitution, accor-
Fjding to the expressed will of the people
upon this subject. I would recommend
that it be referred to the people thetn
i selves, and that resolutions be passed,
advising them to elect members to aeon
( vention for that purpose.
The Congress of the United States
-.having failed at its last session to accept
,, the terms proposed by the Legislature
i for the ascertainment of the dividing line
s between this State and the territory o<
Florida, fc proceeded lo cavce that Hud to hs ' uuby tv. o com
s missioners, an urtist and surveyor, us directed by your rs
-3 solutions. The President was inlbi tried of the lime uud
' place of their meeting to enlei upon tlio ditchuige of tiiif
duty, & in answer stated his intention of laying the subject
j befofe Congress at its next session.
I 'l h« Commissioners as ter the most accurate extinmuiUon
. of the different streoms which lorni the iitver tet. Mary \, uud
i the surrounding country, came to the conciurtoti upon evl
, denco w hich is believed to be perfectly satisfactory, that the
> head ofiheSt. MaryV, as defined in the treaty ot i.itO, was
i to be found at the source ol its middle or western branch,
’ that stream being longer, ha\ ing more water ahd, agreeing
1 better with conlemporaneovs opinion than either of Uts
* branches. The quantity of land between the line ian by the
? Commissioners and that from tho junction ol' the Chatta
\ hoocliie and Flint rivers, to the place designated by lllhcott,
. and the Spanish Commissioners, for the head ofthe tel. Ma
- rys, is one million three hundred thousand acres. Must
■ of it is exceedingly sterile, but intersected occasionally with
* tracts of very productive soil: Mach of that is val
uable has been already sold and granted by the li. States.
! It will therefor? be necessary for you to have the title tried,
and to direct the manner in which the territory is to be dis
\ posed of, if the determination sbali be in favor of the State.
Yon are referred to the reports ofthe Superintendents lor
an account of the extent of road which has been made by
thepublic hands. The expenditures of the superintendents
i for the three first quarters of the present year have amount
ed to the sum of $17,518 CO. It is estimated that the annual
appropriation of $20,000 will prove deficient by the sum of
SI9OO. This deficiency should be supplied as soon as
possible.
This State has as yet made no exertions to profit by the
great improvements which have been lately made in the
means of transportation. Considerable interest has been
manifested by the people during the past year upon this
subject, which it is hoped will lead to some practical and
beneficial result.
! I would recommend to your favorable consideration, a
communication which has been received from a citizen of
! Hall county, a copy of which accompanies this Message,
giving a detailed statement of the present difficulties which
I obstruct ihe navigation of the upper part' of the Chatta
bouehie river, an estimate of the expenses of removing
them, and tiie advantages that would result therefrom.
Without adopting entirely the views presented in that
* communication, I would observe that the productions of
that portion of the tetate, which is situated upon the head
j waters es the Savannah and Chattahoochie rivers, consist
jofeorn, wheat, tobacco, iron and lime, all heavy articles
'which lose a large portion of their value from the great cost
of carrying them to market, and cannot, therefore, bemads*
to add their proper proportion, to the wealth of the State,
jor offer the full reward for industry, until the present
I means of transportation are improved.
I Haring the lust summer, the Creek Indians on the bor
ders of this tetate, became infected with the temall Pox
—The great alarm which was excited among the people
lest the contagion should extend to them, was increased
from the circumstance thatllie Indians were at that tint*
in a starving condition, and pressing into our limits, par
ticularly the town of Columbus, to procure the means of
subsistence. Various quarantine regulations were adopt
ed by the authorities of that town, to prfevent all inter
course between its inhabitants & the persona who were dis
eased or had been exposed to contagion. These proceed
ings were sanctioned by this Department, as were simi
lar proceedings, adopted by the justices of the Inferior
Court of Troup county. The expenses incurred have a
mounted lo the sum of $904,40. Copies of all the papers
upon this subject, are herewith communicated. The law
for the regulation of quarantine, gt> to prevent the spread
ing ofcontagious diseases, are so indefinite that it was
found exceedingly difficult to determine what duty they
, imposed upon this Department. v
The liberality of tine Legislature in adding to the en*
r dowment of the College, has enabled the Trustees lo re
place (he building which was destroyed during the .last
year, contract for the erection cf a chapel sufficient lor the
accommodation of the numerous visitors who attend the
annual College commencements, create two additional Pro
fessorships, and fill one which was vacant. There is
every reason to hope that the Slate will be amply repaid
, for the support which it has thus given to its principal sem
inary of learning, in the improved capacity of its young
mento serve the public faithfully and with ability.
, The Trustees have been very much embarrassed by th*
legm requirement that they should board and educate at
the College one poor youth from each county, on account
°* the failure of the Legislature to provide the necessa
’ ry funds for that purpose.
The Academic and Poor School funds continue to be paid
, ” om , reasur y, without any security that they
will be applied properly to effect the object, for which they
i are appropriated. Indeed we appear to have been expend
- mg the public money more with the view of expressing our
conviction of the importance of education, to a free peo
pie, than of actually securing its advantages. Wehavsbeon
paying sums to academies that have only an ideal existence,
and for the education of the poor, where such a class can
scarcely be said to exist, and when all require its advan-
ZiT repor } s of the Trustees of these funds
prove that they have rendered no public benefit at all, e
; TuTIT a; l he ,™ oUnt v * hich has been expended, not
withstanding (hat there have been particular instances
1 aJkT n er \ U su " u Pplication of both - 11 mi, y well be
; whether the present plan of appropriating thl
> the p, ? rposes of education is not radically de
fective, It the people are to be educated at the public ex
f ” U f ht n i ot pri T ar y schoo,s »o be established in eve
■ State* 1 and made com,l,on to ali the children of the
| . T!* e J BWH u P° n several subjects of general interest
ha\ e become so multiplied and in some instances so con
; In the j. P , ; ovisio *s. as to render a careful rev£
- ,hCm e * co f a,n £ , y necessary.—l would call your at
. f nt !? n P art, s cular, y to the defects of our election laws Os
file thousands of election returns annually received at this
t J?®P artme^| .scarcely one is made in exact conformity with
the law There have beenone hundred laws passed unoti
«th,s subject during the last s!x years, eachUpy&ffS
prows;°ns from the other, without any conceivable object
I Perhaps the multiplicity and contrariety of their enact
< ( menfs cannot be more strikingly exemplified than from
1 mes^riLJr 1 e, ft teen Afferent degrees of punishment were
prescribed for the same offence in the laws passed at
•one session; and that by the law of the lest session M
greeting the election of surveyors in each county to
J ty . 1 ( hero.tee territory, the Superintendents were di
-' that ii tlm ah e the ret ! , * na umJfr their hands and seals, and
- he law has , W L hittl hav * been received
the saw fans not been complied with in a single instance
j Ihe duty of this Department in determining upon the le
f Sdffifflcurt C, ‘lfn 18 thUS . rende,e<? laborious
mki difficult. If no commissions are feigned except upon
1 the evidence that elections a r e held in strict cSrmity
I TtrLmTa ?! T nt,es Wi i* be withoi “ officers, and if a
- The h » C -trse is pursued the law becomes nugatory.
jThebast remedy for these difficulties would seem to be
the substitution of one general law of simple and explicit
> "qu'i'cnients, for all that are now in force upon this subieet,
i . In compliance with the request of the Legislature I »d
--dressed a letter to the Stockholders of (he Darien li„ ri k
asking of them to state upon what terms they were wil
> mg to dispose of their stock to the State. The copy of that
letter together with the answers received are herewith
communicated.—The offers of sale have been but few
s anu at but very small discount. Jt is believed that the
t purchase upon uny terms Would be an exceedingly on
3 profitable application ofthe public funds.
3 I transmit copies ofthe Reports which have been rec-iv
f ed troni the Banka