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I pofaf of view. He has ha^to straggle against dif- By Mr. Miirtcrief.- thnt wnuld hnvn tlmnannila •**>#! i* « n ^ Scullies that would have deterred thousands, and valid all Grant* of Lands which may have lus success deserves all the encouragement that the -b een heretofore issued w ithout the Gove- Legislature can give. A treatise from him on the vine, would be a performance meriting public pa* tronage. , .y Mr. Forsyth has a perilous task before him. Suc ceeding such a governor as Troup, requires no com mon character. We believe him to be qualified to fill the chair with credit to himself and his state, and if he will keep the example of his predecessor in view, and guide himself by it, he will walk correctly. His task is easier in other respects. The great Da- gon of opposition has fallen to the ground, and his worship has declined from the emigration of its high priest, and the reign of more correct principles has commenced. We wish him success, and feel that he will attain it. By Mr. Thomas.—To makevahA^n gal all draws by such persons as served From the Milledgeville Journal. { Yesterday at half past 12 o,clock, the President and members of Senate attended, in the llall of the House of Representatives, and took the places provided for them. A few minutes afterwards the Governor elect, attended by Governor Troup, the heads of the State department, Judges of the Supe rior courts, Solicitors, and military officers, attended. The lobby and gallery of the Representative Hall were crowded to over flowing. MR. FORSYTH’S ADDRESS. Fellow-Citizens: The distinguished ho nor conferred upon me by the people, fills me with gratitude and apprehension—gratitude for their kindness—apprehension lest their expectations may he disappointed.—To the office for which I have been selected, 1 bring no experience, and but an imperfect knowledge of its duties. All I can safely promise is, good intentions. To satisfy public anticipation, if favorable, usually too Sanguine, is always a difficult task—under present circumstances it is peculiarly so. Independent of other considerations too well known to require enumeration, there is one, the existence of which, however unfa vorable may be its effects to myself, it would be criminal to regret. The judgment form ed of every administration is the result of a comparison with that which immediately preceded it. Difficult indeed is the path before me, when the public mind is occupi ed, and will long continue to be so, by the recollection of the zeal, the fidelity, and the success with which*the Government has been administered by my respected and for tunate predecessor. Trusting however to that indulgence heretofore shewn to my pub lic life, I shall seek to merit the approbation of the people, perfectly confident that it will not be withheld, should it be deserved. Without attempting or even desiring to evade or to divide the just responsibility of my place, I may remind the Senators and Representatives of the people, that upon them rests, under the Constitution, the great burthen of public responsibility. Without their aid, the Chief Magistrate is almost powerless. It is for you, gentlemen, to as- sr rt the claims, to develope the resources, to vindicate the honor* to exercise the sovreign rights of the state. In this great work I shall co-operate with an earnestness propor nor’s signature being attached thereto. By Mr. Cochran.—To extend the time for fortunate drawers in the land lotteries of 1818, 1819, and 1821, to take out their grants. Mr. Hendrick laid on the table a pream ble and resolution, proposing that at the next General Flection the popular opinion shall be elicited concerning a perseverance in the penitentiary system by endorsing on the ticket the word Penitentiary or JVb Peni tentiary. Mr. Clayton of Clark, from the joint com mittee appointed to wait on his Excellency John Forsyth, and to inform him of his election as Governor, reported that they had performed the duty assigned them, and re ceived for answer, that he accepts the ap pointment, and that he will attend in the Re presentative Chamber this day at half past 12 o’cloek, for the purpose of taking the oath of office, agreeably to the provisions of the Constitution. At the appointed hour, the Prosident and members of Senate proceeded to the Re presentative Chamber, and being seated,the committee of arrangements conducted his Excellency John Forsyth, to a seat prepar ed between the President-of the Senate and the Speaker of the House of Representa tives, attended by Judicial officers, mem bers of Congress, State-house officers, &e. when his excellency addressed the General Assembly, and took the oath prescribed by the Constitution. Thursday, Nov. 8. By Mr. Dunigan.—To alter and amend the 3d, 7th and 12th sections of the 1st art. and the 1st and 3d sections of the 3d art. of the Constitution so as to require the Gene ral Assembly to be elected and meet bien nially ; and to alter the terms of Service of the Judges of the Superior courts, State’s Attorneys and Solicitors. By Mr. Worthy.—Fbr-the temporary re lief of the purchasers of fractions, lots and islands at the late sales of this- State. Mr. Powell from the committee to whom was referred the memorial bf Thomas Spald ing, reported a bill to grant to Thos. Spald ing and his associates, the 4ight of construct ing a rail road of wood, or of digging a ca nal from the Ocmulgee to the Flint river, with certain privileges, which was read the first time. Friday, Nov. 9. Mr. Dunigan called up his notice of yes terday, proposing the biennial meeting and election of members of the Legislature, and relating tothe election of Judges of the Su perior Courts and Solicitors, and had the subject referred to the joint Judiciary Com mittee, with instructions to enquire into the propriety of the same. hiring substitutes, i-Onier the prtmsioi the act of the last session of theV Legisla ture. By Mr. Shorler.—To provide for record ing deeds of Mortgages upon real and per sonal property within this State. By Mr- Burnell.—To amend the road laws, so far as regards Jtckson county. By Mr. Freeman of Oglethorpe.—To pro vide for the construction bf a turnpike from Athens to Augusta. . By Mr. Brewster.—To prohibit the fur ther introduction of slaves into thikState. By Mr. Phillips.—To create a new Mi litary Division of the 5th and 7th Divisions and to attach the new counties to the ^arnc. By Mr. Lyman.—To alter the time of holding the general elections in this State, and of the meeting of the Legislature. \ Thursday, Nov. 8. NOTICES. By Mr. Wofford.—To extend the juris diction of the State over the lands belonging to this state in possession of the Cherokee Indians. By Mr. Meating.—To alter the time of holding the Iufcrior court of Decatur county, as regards the January term, By Mr. Breicster.—To create an addi tional election district in Gwinnett. To provide a more easy and- convenient mode to prove open accounts, so as to mak.e them evidence in Justices courts. By Mr. Gray of Warren.—To require that Wills should be read in court and notice chartered limits of Georgia being ac- thereof given in some gazette for one term I 9 u,re d, R remains for you to consider of the of the Court of Ordinary, before admitted to proof and record. By M t. Freeman of Oglethorpe.—To in corporate the Trustees of the Methodist Church in Lexington. By Mr. Burnside.—To repeal a part of tioned to the magnitude of the interests committed to ofir ogre, add springing from *4eep sense of obligation to the people, for reiterated proofs of a confidence which has ever outrun ray abi)ity~bat never transcend ed my derif® to do them service. LEGISLATURE OF GEORGIA. We have the proceedings of this body up to the 10th inst. and extract from the Journal and Recor der, as much of those of general interest as our limits this week will permit. So far, however, they con sist nearly altogether of notices of bills intended to be offered, &.c. chiefly of local or individual import, which will be as well understood when we hereafter notice their having actually been brought forward. IN SENATE. Monday, Nov. 5.—A quorum ofinembers being present, on the call of the roll, this branch was organized, by the re-election of Sfiomas Stocks as President, and W. Y. ffansell, as Secretary. Henry Darnellwasre-elected Messenger, and G. W. Smith, Door-keeper. Tuesday, Nov. 6. The Governor’s Message was received and rend. M r. Powell presented the petition of Tho. Spalding, Esq. praying a grant to himself nd associates, of the exclusive right of a il-road or canal from the Ocmulgee to the Flint river, for the term of ninety-nine years, which was read and referred to a select com mittee, consisting of Messrs.. Powel, Coffee, Yfahhour, Tillman, and Clartpn of Pulaski. Notices for leave to repoi^rills, viz : By Mr. Hicks—To lay off and divide the counties of the newly acquired territory into counties of a proper size and form. By Mr. McDougald—To lay out a town on the Reserve on the Chattahoochie river to the Coweta Falls, and to dispose of a part of the lots in said town. The Governor transmitted to the Senate agreeably to the 2d sec. of the 2d art of the Constitution, the returns of the late election for Governor, so for as they had been rc ceived at the Executive Department^find On motion of Mr. Clayton, of Clark Messrs. Clayton, M’Tyre, and Groves were appointed a committee to take said returns to the House of Representatives The president and members of Senate proceeded to the Representative Chamber, when the president of Senate and speake HOUSE OF REPRESENTATIVES. Tuesday, Nov, 6. By Mr. Burnside.—To alter the 1st sec, 3d art. of the Constitution of this State. By Mr. Mealing.—To make a turnpike road from Milledgeville to Augusta. Wednesday, Nov. 7. Standing committees were appointed as follows. | State of the Republic.—Messrs. Daniel Tait, Burnside, Shorter, Birdsong, Bates, Jordan, of Jones, Dav, Thomas, Dougher ty. Habersham, Lyman. Finance.—Messrs. Hull of Clarke, Law horn, Saffold, Kolb, Freeman of Oglethorpe Freeman of Franklin, Heard, Mason, Ren der, Loyall, Dye and Brewster. Banks.—Messrs. Brailsford, Stiles, Mea ling, Brown, Lewis, Watson of Baldwin Lamar, Cart ledge, Copp and Williams. On the Judiciary.—Messrs. Thomas Shorter, Burnside, Haynes, §affo1d, Nesbit Iverson, Habersham, Billups, Park On Agriculture and Internal Improve- n»en<.-3-Messrs. Way, Thompson, Shebee, Bevan, Martin of Franklin, Davis of Mor gan, Dillon*- Brooks, King of McIntosh, McDowell, Kennon, Watson of Early, Bar* nett. Public Education and Free Schools.— Messrs. Moore, Byne, Stewart, Atkins, Da vis of Elbert, Janes, Glenn, Flewellen, Phillips, Perry, Eberhart, Sturges and Green. > Penitentiary.—Messrs. Lawhon, Quar- terman, Wilcox, Mills, McLendon, Warren, Clanton, Cochran, Chastian, Bacon, Hard man, Gray, of Pulaski; and McRea. Military.—Messrs. Watson of Baldwin, Abercrombie, Jordan of Jasper, Echols. Wofford, Varner, Bryan, Ilicks, King o! Crawford, Woolfork,. Bailey, Long, Adrian of the H. of R. opened; examined, and pub lished the returns of said election from the several counties in the state, in presence of the General Assembly, by which it appear ed that John Forsyth, Esq. had a oqajcri ty of the whole qumber of votes giveivin ' he wasaccordi^pdeclared duly elected the Governor of ffiisutphj the people thereof. Wednesday, Nov. 7. Notices for lea|jrto feport bills, viz i involved the rights Serfs the broad pow er for the Executive of the General Govern ment lit any controversy between a State end the United States, to decide the right and Wrong of that controversy promptly, absolutely, and finally, without appeal, and to enforce such decision by the sword—a power most awful, tremendous, and unnatu ral, and not given by the Constitution even to the Congress. In such a contest, Geor gia could make no sacrifices too dear, be cause she contended in a just and righteous cause, not for herself alone, but for all the States, whose honor, dignity* and indepen dence, were alike at stake.—Happily for the country, the enforcement of this measute has not been as vet attempted—whe ther on reconsideration it has been yielded to more deliberate suggestions and more prudent counsels, or decided as wholly in defensible, and therefore impracticable, or reserved for some other and future occasion, is not known to me, and can only be con jectured.—-It is reasonable, at least chari table to conclude, that what in this respect ought to be done, has been done, and that wisdom and moderation can find no amends for the calamities of a civil war, in the trans fer from Georgia to the Indians of a com paratively worthless fraction of territory, which, but for the principle involved, this government would not deign to make a sub ject of angry contention with that of the U. States. The country of the Creeks falling within measures most expedient for the acquisition of that of the Cherokees within the same lirhits.—On this subject my opinions have been freely and frankly, and repeatedly^ communicated—there is no reason tochaoge? them—vou hold the territory by the same certained by researches authorised to trd made by the commissioners appointed unde? the authority of this State in the year 1818, that the U. States and Spanish Commission* ers, in agreeing to that poiut, were wide of the true point—that the head of the stream pursued by Eilicott was not to be found as / he supposed, in the Okefanoka Swamp two miles north of the mofind of Eilicott, and it has been since ascertained that the head of 1 that branch of the river 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, believing that Eilicott in pursuing the north, did pursue the main branch of the St. Marys, had reported ; and so the Governor of this State, in the year 1819, relying on the correctness of that re port, had informed the Legislature. Out commissioner was accordingly instructed to agree with the United States commissioner in running the line from the mound of EUi- cott to the junction of the Flint and Cbatta* hooehie rivers. It happened that the U. States commissioner was not authori sed to concur. On the contrary, an act o r Com* gress which, departing from the ordinal course, gave his instructions, in the .i section in which it authorised his app meat, virtually forbade it. Those iust/uc- tion3 directed the commissioner to run fr«im the point established by F.llicot^cfri*) mtta| north of the mound, and w rectly opposed to the Tr«atjf|8wf795, prescribed the head the rys as the tru^jjufipf'j the United States would ha>e fyhM quite justifiably disregarding the act of Congress in ttjjft respect, in directing his eommis- Sfc/ri*i!l from! the the 1st sec. 3d art. of the Constitution of tenure as you ho!d that on which yourselves | ed. wnt designated by the point designated being the supreme commissioner was not so direct- not, however, deemed exoedi- this State. and your ancestors have long fixed youiM ent, onthis accost, toarrest the commis- hearths and firesides—the original charter j sioner of Georgiaakt&v outset. 1 f the point os- MFSS AGE I ^ tate *—This tenure remains unchay | tablished by Eilicott, had byfJ*ecommission- , . _ " j ged by the Articles of Confederation, .or by ! ers of the United States ami]Georgia, been Executive Department, Georgia,) the present Constitution ; and without the I found to coincideiwith the head or source Milledgevillc, Jvov. 6,1827. ) I consent of the people, is unchangeable but I of the St. Marys, the eonr^fasioner of Fellow-Citizens :—In making known! by the act of God.—The right of occopfn-1Georgia would havVbeen idstrkurfed to pro to you the events of the passing year, it is| C y following the right of soil and jorisdic-1 ceed. It was ascertained that/they did not equally my duty to communicate those which I tion, you claim the. same right of occupancy I coincide, and his progress? was accordingly give pain as those which afford pleasure, so I n0 w as ever unlimited and unrestrained by j arrested. You will observe that without concealment or suppression all J the confederation or the present constitu- J question presenting itself t(br may be embodied in the history of the times tion : and therefore, are free as in times tween the two governments- jk*,. —our successors will take counsel from past, to enter upon that occupancy, consul- point arbitrarily agreed on them, and the experience of the past will be ting your rights, your convenience, and the the Spanish Commissioner asj tl equally profitable, whether it furnishes ex- dictates of humanity only—your rights are the St. Marys, now ascertained amples of gobd to be imitated, or of evil to be I undoubted—your convenience is resolved head even of the stream pursued b avoided. • by the various circumstances in which yon shall be considered as the true Before the close of the last Session of the may at any time find your population and i the treaty of 1795. The other, Legislature, hope was indulged that the con- territory, and the wants of your people, as.1 remaining question will be, which is t|)i troversy between the Government of this resulting from the relative condition of both? source or head of the St. Marys. T< State and that of the United States was hap- and the obligations of humanity, always phi*- hie you to act understandsgly on pily terminating; and so indeed to all ap- amount to the claims of interest, are to be questions, as well as to afford some pearances it was—The surveys of recently] sought in the consideration of what is due faction to the Government of the U. Sta 1 EXECUTO Printing.—Messrs. Jordan of Jonesi%™ 9-45 60ds Ilolt of Jefferson, Dennard, Townsend, a Hendrick, Barnett, Burns, Wilson, Rawls? Bird. On Enrollment.—Messrs. Jones, Mero- ney, Hull of Camden, Bunn, Johnson. Cleveland, Strickland, and Blnnsingaroe. On Petitions.—Messrs. Day, Lanier of Seriven, Scarbofo, Bentecosl, Hadley, Cray of Warren, Stapleton and Durham. On Privileges and 'Elections.—Messrs. Lamar. Haynes, Wofford, Dougherty, Ly man, IIoil, of Jefferson, and Curry. To Examine Journals.—Messrs. Rea, Simmons, Wigging, Lanear of Pulaski, St. George and Beal. Notices for the appointment of commit tees to report bills: acquired territory, so long resisted, had pro-1 from a civilized to a savage community, and which must undoubtedly revise its proceed ceeded with little or no interruption—the J of the sum of human happiness?, present and ing, I had instructed a competent agent, the last of them were about to be completed—I future, which is involved in the estimate.— same who acted as the surveyor and artist the Indian irritation had exhausted itself in a J Whatever may be the controlling motives under the commissioners, and who approved few demonstrations of hostility and when I resulting from other considerations, those himself worthy of their highest confidence, calmness and tranquility had succeeded to I of humanity oppose no obstacle to the im-1 to proceed to an examination of the several excitement and clamor, and nothing remain- mediate occupation of the country. The branches of the St. Marys, for the purpose of ed to satisfy the Indian for his imaginary I Cherokees are only asked to surrender now, ascertaining, by actual admeasurement, the wrongs but a trifling consideration in money, J and voluntarily, the country which by the true head or source of that river. The cor- the Executive Government at Washington force of moral circumstances they must veiy respondence and documents on this subject, seized the occasion as a fit one to denounce I soon surrender, even against their will, not J together with his report, are submitted. It the Executive of Georgia as the violator of j without consideration or equivalent, but in I will be seen that of the three branches for- the faith of Treaties, and the lawless inva-1 exchange for another, and in all respects a lining the St. Marys,- viz. the Northern, der of Indian rights—to forbid the prosecu- better country, with a title in fee in the place | Western and Southern branch, the Southern tion of the surveys,, and to threaten the era- of a precarious occupancy—with generous is not only the longest by two or three m<les, ployment of military force to coerce obedi-1 soil and salubrious climate, presenting a and having a direction corresponding most' ence to its commands—a menace which, choice to agriculture or the chase—insula- naturally with the general course and dis-- withont being unprecedented on the part of] ted from the whites and protected by the j emhogoement of the river, but discharges that Government, was yet so ill-timed and power of the United States.—All who op- eight times more water than either of the unexpected, that but one reception and one pose themselves to this movement are ene- other branches, and- one third more than treatment could be given to it—The Docu-1 mies of the Cherokees, ignorant of their both of them united, including various other ments herewith transmitted will disclose the true interests, or indifferent to their present tributary streams that of the three the manner of that reception and treatment.— and future welfare. north branch, viz. that pursued by Eilicott, The Message of the President to Congress, J It is proper to inform you that the memo- is the most inconsiderable, discharging, in communicating this measure, left no doubt I rial of the last Legislature on this subject, proportion even to the western branch, as as to its motive and its objects. The coun-1 addressed to th6 President, was forwarded I two to three, and in proportion to the south- cils and people of Georgia were to be sub- in due time, with an accompanying letter, | era branch as five to forty-three; aud indeed duedatall events into a recognition of the to which no satisfactory answer has been that it is even more inconsiderable than validity of the Instrument called the New I given. [another stream, (the Alligator,) south of it Treaty—by civil process, if civil process J Connected with other subjects of disa- and running between it and the western would answer—by military force if it would[greement with the Government of the U. branch. If these facts are confirmed to tho not—indeed by all means' civil or military States, is that of the dividing lino between satisfaction of the Government of the U. as enjoined by a superadded obligation (to Florida and this State, directed to be run States, the conclusion will be irresistable, use the language of the President,) even and marked by several resolutions of the even by itself, that we must follow, not the higher than that , of human authority.—It j Legislature. The concurrence of the ge- error or mistake of Mr. Eilicott, but the could not be seen why under a government | neral government being necessary to the' language of the Treaty ; not the point arbi- of laws the civil remedy tnight not suffice,be-} perfection of this measure, it was repeatedly trarily determined as the head of the St, ing, if not so prompt, atueast ample and ap-| invited, and eventually obtained. A highly Marys, but the true head; and that the .true oropriate—or why if Presorted to at all it! respectable gentleman, and late Governor head or source of the St* Marys is to be fo^n cirdtS® 1 exclusively depended on Hof. Virginia, Thomas M. Randolph, having found, not at the extremity of the northern, said county, sitting^ the military on [been appointed the Commissioner on the but at the extremity of the southern blanch; same tiine, will be hired, the resort to J part of the United States, and Thomas j and that from this point the line must he run ?s ‘ 0 v: \S l l 1 By Mr. Echols.—To giVe further indul gence to fortunate drawers in the Lotteries of ISIS, 1819, and 182l, to take out their g r $Ms. * • - • " • Ry Mr. Slcioart.—To draft the plan of a town and provide for laying off the Reserves at tho Falls of the Chattahoochie into lots. gjve relief to ihe soldieys who were fortunate drawers ui the late fend lottery. - . the same [ Spalding the Commissioner on the part of J according to the letter of the charter hf —not been Georgia, they proceeded in a spirit of bar- Georgia, of the Treaty of ’83. ofthe Xrpty " i,^ - ***- : ' Government— raony and concert to the execution, of their of’95, and of the Constitution of Georgigi wh'eriev'tJ* fi re t Tnepd#; V* 80? b® trust, and I am happy to inform you that. This detail so inconsistent with the general- no longer*^fp9»<uiftefence, in substance, be-J without bringing their labours to a feranna- Lizing character of a Message, wil]’ G;n! an tween our owa constitution of government j tion most desirable, they they closed them j apology in, the extreme reluctance'which I and that of the most arbitrary and despotic.] with no interruption of that spirit. On the | feel to open® new controversy wiih the go - It was impossible to doubt therefore, from contrary, with an improvement ofits cones- J yernment of the United States—t^c great the unconstiluttiona) character of the me-1 ponding to the intelligence, patriotism and j delicacy of the question, (beiug one efhpon- nace, from its, unsqasonablepess and from I liberal sentiments which distinguished them-1 dary)—the extent of territory, (more than the appalling consequences which must ine- j The Charter of Georgia, the Treaty of two thousand square mires) wjhich may fee vitably follow its execution, that the temper | Peace of 17S3, the Confederation of 1^8,1 involved in it, nod the ntryuMfis propriety, which dictated it w as hostile to Georgia,[the Treaty of Spain^1 therefore, JnsitatH^t^jMjgifnfjpr the first and bent on her humiliation or destruction, j of 1795, the Constitution of, Georgia, all time, to state it fairly and fulTyv The Councils of Georgia could never re-[recognise or guarantee the, header source] Jjtgiye* mfjpreatplefuijujre fo inform yoir cede without the most degn^B|g^humiliation! of the St. Marys River, as the true point of that fee out acts of the General Government, from the positions taken in sujppdirt of thejthe southern boundary of the State. The and different departments, bespeak a Treaty ofthe Indian'Bprings^it was the | Commissioner of - Ike U. States . and the. return,^ good feeling, and give. aq_ earnest professed object olT'tW^menace to produce [Commissioner .ofSpa\%appointed under thejof fqtope.good understanding which it has ; that recession ; audit 3 waaobviously better [Treaty of *95 to run in [been th® sincere as ri is the duty of faf Georgia to run the hazard of being [terms of t|e Articles ofthaf5reaty,. instead J this government to*Cpltivate. stricken fronAthq roll 6f States, than by aLof discovering the head or source of the St. claims, so consrann^nnd sedukHtej^ bdt- (mssive suhmissift) to surrender,, with im-[lfejfy?&as th^r were instructed to do. and unavailingly urged before that government portant interests and essential rights, what J for which they searched,.established a point for 20 or 30 years, have been recognized, — different from, and disconnected w ith the and, under circumstances warranting the was infinite! 'important and more es- cerned- ;ter.—But other rights and 1 head - i .those of Georgia were con-lfanoka i assumed in ju doctrine assumed in justifi- of the i that river: viz- i wamp one milojit; mdofElliootL 1 ns%e Oke- Ifyettef that o miles north j tmsgled. I lad been as-lotions of ome grains of prejudice had the former related consider ed. and that nothing was want- uar |m'