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G<)VKR.\OH , S MESSAGE.
ExCCUriVK l)*'rAltTMENT, Ga.
i/Iedgetu'I/e, .Vn». 8, 1831.
In <>be'!'.pnro to oflimal duly, I proneed to
lay I'Hbru von an account of the transaction*
of tlio Executive branch of the Government,
during the pant year, and to recommend for
ynni consideration, eunh tncasuroe as arc
deemed beneficial to the Stnte.
'J'lie resolutions which were passed itnmedi-
indy previous to the adjournment of vour last
session, upon the subject ot the citation of the
Chief Justice of the United States, were ear-
ritil into etfect. The Indian Tassels paid the
forfeit of his life necordme to the demand of
ttie law, which he had violated. A writ of er
ror to slay the proceedings of the Superior
Court in that ense had been sanctioned by the
Chief Justice, and like the citation to the On.
vernor, sent through the Post Office to thu
officer, whose conduct it was intended to con
trol, thereby evincing the disposition not only
to disregard the highest powers of the Slate.
Inn in irifie with its officers, by attempting to
detei litem from the discharge of what was
necessarily n very responsible and painful
duly.
am, who ulooc had the power ol elitering into
national comparie.
Another difficulty equally embarrassing
would arise out of our relations with the Ghc-
rokees themselves. A few years ago, the
United States removed a portion of that ttihe
to tho West of the Mississippi, and placed
them upon tho public land, and have since
made several treat rs will# them. W hieh is
now the Cherokee nalioa, die Indians who re
side on the lands of lliu United States, or those
within Georgia ? Rut whatever obligations
the United Stales may have incurred by it
ourcounlry.aud iho importance which their lead
ers have acquired, by being made the instru
ments of exciting thu people to oppose the
measures oftheiv government, and directing
popular resentment against those who adminis
ter it. Thu State owes it to itself, In put an
end to this state of things, so far as it ran he
dune consistently with the rights ol the abori
gines.
For this purpose I would specially re
commend, that you pass laws requiring undoi
the fixed resolve of tho Stole to sustain its
"on-mut ouiil rights. Georgia has rhiiiiit d no
right to nullity (in the verbiage of the day)
the Acts ol tho General Government, and on
ly demands an exemption horn attempts to
control its authority whilst exercised upon
such subjects as are within its exclusive juris
diction.
In tho month of Mav last, Iho whole of the
interior buildings of thu Penitentiary were
consumed by fire, together with a largo quail-
adequate penalties, nil the Clierokees who I lily of its manufactured articles mid rnw mo-
have received reservations in fee, or been pnid
contracts with the Cherokee*, il has noeonsti-} for their improvements, and who have again
tillinnal nnlliorilv to limit nr in any mnniier nl j settled upon the lands oceupied by the tribe
ter the territorial rights, which belonged to j within this State, to remove therefrom. ^
this State, when it became a member of the I The law for surveying the Cherokee Terri
tory, into sections and districts, lias been exc-
ciited without difficulty. One of the Survey-
Union.
Upon no subject has there, been more rn.-i-
reprosenlnlion than in relation to the govern
ment of the Clierokees, and the civilization ol
the pconlc of that tribe. Upon nxannniitior. it
ors (Renjainin II. Sturgos.) failed to perform
the duly assigned him. Mis bond remains to
be sued upon for the return of tho public mo
will he found that the aboriginal people are. as j ney,
ignorant, thoughtless and improvulen' ns fur- . lor.
mcrly, without any of the spirit and character j
which distinguished them
, which he received and lias net accounted
'I ho Territory surveyed Inis been organized
hen war was their | by the election of two Justices of the Peace and
employment, and their support derived from two Constables in oat h Section. These means
the ('..rest. That none of thorn in this State. j however are entirely inadequate for the e.xeeu-
with the exception of one family, have aequir- j li"n ot the laws, or the preservation ot order.
Within a few days aflcr the execulion of ed property, or been at all henefiitei! by liic 1 lie formation ol u county to be composed of
I’. v\n. a lutleT wi\h recr'ivcd Irom John(improvement* which Uav« tniolo Ity oilier* j all Hit; 1 erritory occupied hy 110 «.ro tec*
gmunu them Thai the Chiefs, the President ] within the State, and which now form pars ol
Marshal nnd She
ri ui the
• b n iho Cl..
Rii-s in « pieti hi
were .ihuut to apr
(lie United Stales,
the inle from exercising jurisdiction over
tii. hi. Tin* Idler was ncrnrnpnuicd by a
pi nn-d pap. r without signature, purporting to
be n lull in equity brought by the Cherokee no-
;jun >.eoin.-t iho Slo e uf Georgia
1 n ircvious message to the Lcgi-lalure, I
h id exmessed the opinion 1 lint the Mute could
unt consistently with a proper respect fur in
own so.i-reign rights, become a party before
any court fur the dr termination of thu quos-
fii.n. wlu tiler it had the power of subjecting
the people who reside within it- acknow ledg
ed limits, to the operation of its laws. Thai
opinion having remained unr hanged, no otfi
cml iioiice was taken of this proceeding. The
Supremo Court, however, took jutisdiclion of
ike case, hot finally dismissed it upon the
i.u.-il .It.■■ <.'l,-r-S —• mu mo u lluelgil
lialiull.
In making ibis decision, the court thought
proper to dcpuit from the discussion of ih
paiucular point before it, to express opinion
exceedingly disrespectful to this Slate, inju
rious to ils rights, calculated to thwart Iho
policy of iho General Government, and to keep
alive the excitement which Inis arisen out of
the runduet of our Indinu affairs.
The court affirms, that no case could lie
heiier calculated to excite its sympathy, than
-tin- conduct of Geoigia to tho Clierokees ;
that they have linen continually deprived nf
their lane’s, until they nl present retain no
more than is necessary for their comfortable
subsistence ; tlint they form n Stnte capable of
governing themselves; that the acts of tho go
vernment recognize them to lie n Slate; nod
that the courts am hound hy thosn acts, that
they have the unquestionable and hitherto un
questioned right to the lands which they occu
py, nod intimate to them that it will redress
their wnuiga when tho application is mode in
proper form
Pcimil me to call your attention briefly to
fliose several statements of the court.
tnd what wrong has Georgia (loan to ils
Tndiuu people, lo cull fur ibis extraordinary
sympathy of the court ? They lire in the
penccuhlc possession of their occupant rights.
Intruders have been removed Irom among
them hy severe penal laws. None of the
burdens of Government have been imposed
upon llirni. Instead of bring reduced lo a
'remnant ol laud, nr.t innro Ilian sufficient for
lliuii comfortable 1 subsistence, they are in iho
possession of near five millions of acres in this
Slate ulooc, of winch Iho aborigines do not
c I vale more than five thousand. They ore
it <!i' d becoming more and mom destitute.
Jict however, from want nf land, lint because
1hi ir silicition is unsuitable for the improve
ment ami happiness of nn Indian people.
Is ii irue dial the Clierokees have an tin-
questionable and hitherto iinquos'ionrd right
lo iho land which they occupy I These land
form poriiuti* of die territory of the Slate* of
jN’orih Carolina, Tennessee, Alabama, nml
Georgia. That purlieu wbirlt is in Tennes
see w ns ceded by North Curolina lo tho Uni-
ted Stales, upon the express condition, that il
should form a common fund for the hone lit of
the Union, and be (applied to tho payment of
the public debt. That portion which is in
Alabama, was sold t<» 'ho United Stales hi
des Stale for a valuable consideration, mid
before any attempt had been nmdo lo exnn-
guieli the title of the Iodines, or to exercise
jurisdiction over tham. In consequence of
. which salo it was made a condition of Iho ad-
niistion of the Stale of Alabama into the
to Iho Supremo Court ullnl iho Council, the Judge
r mi injitnetiun to resirnm | rills, and most oilier i
tho Counties of Carre
frail ami II., hersham. i-
UcKalli, Gwinnett
perhaps a necessary
adinini.slrniion of the Government, arc the do- j inouMirc In give protection to the rights of the
' sound,mis of Europeans, and many of them people, and bring inio subordination those ol
citizens nfihis mu) tho adjoining Stales: arid the Clierokees who mav otherwise disregard
I tin i the Indians m.-tend of living under their j tho authority of Iho Government.
simple usages and customs, have lieou j Ilio Agcn* who was appointed to rent the
-Oiupefleil to submit to a system of laws and , possessions relinquished by Indian Emigrants,
police, wholly unsuiled lo their condition.
Immediately after the law was passed au
thorizing tho formation of n guard,forty mount
ed men were organized under the direction ot
nriive and intelligent commanders, and sta
tioned within the territory occupied by tho , ,
Clierokees. with orders lo prevent trespasses j ing the pendency of their application to theJau-
upnn the Gold Alines, to s -pores* the million- promo Court, was considered useless. The
Jy „r the Indian Chiefs, and lo remove all opinions expressed by the Court m making
white men from among Iho Clierokees, who its decision, and iho use which was made of
did not obtain licenses lo conliniic their rnsi- |them. rendered it highly improlmblo that the
has performed that service. According to his
report the number of the Lessees are ninety-
six, and the rent contracted to be paid fur the
year, seven thousand si.x hundred and six dol
lar.-.
Any nltompl lo remove the Clierokees dnr-
nl hy In iv. 'I'lu:
Itrncv II- req
been performed in n milliner which has riffert-
eil grenl credit on the guard and its comman
ders, and rendered tho tno.sl essential service
lo the "slate. The difficulty of removing law
less persons from the mines, proved to ho
greater than hnd been nl first anticipated, and
was only overcome by the use of the must
vigorous tneasuros. The Mines are however
situated so far apart from each other, that it
has been found impossible to prevent occa
sional trespasses upon them. This can only
lie prevented hy having them worked under
tho authority of the Stale.
An unexpected difficulty has been placed in
the wav nf an efficient protection of the mines,
by tlio decision which lias been lately mad
duty has I Getter il Government could treat successfully
with tho Chiefs From information derived
from various sources, I was convinced that the
Cherokees could not under existing circum
stances he removed except hy individuals and
families. Letters were accordingly addressed
In thu President and Secretary of SVar, urging
the adoption of this plan, and tile right of the
State to have the Indians removed from within
its limits independently of the success or pro
priety of the general policy of the U. States,
as an act of justice arising Irom llio contract of
1802. Von will perceive in the President’s!
answer, Ins strong desire to gratify the wishes j
of the State. Through some oversight in the
War Department, tho necessary instructions
were not made out for opening the offices of
hy the Judge of the Western circuit, that the j emigration, until Ilia present distinguished
Inw which renders it penal for Indians to dig head of that Department came into office. You
for gold is unconstitutional. Il having been
tnedc the special duly nf the Governor, to take
possession of tho mines, and In defend them
'rum trespass, and having no doubt nbout Iho
constitutionality of the law, I considered my-
self compelled lo obey its requirements. Or
ders were accordingly given to the gnnrd. 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 pro
per. These orders have ns yet prevented in
trusion*. This will not however continue to
lie ihc case, if it should be ascertained that the
law may lie violated with impunity. There is
also reason lo npprchcml. I lint the derision of
the court lias thrown an almost insuperable ob
stacle in the xvnv of the effiirts, which are now
making hv the United Slnlcs, to iud-ico the
Clierokees In emigralo.
Of the while men who hnve been residing
among the < herokeos, two hundred mid three
hnvo Taken the oath lo support the Constitu
tion and laws of the Stale, and received licen
ses to con'inno Ihrir residence. V most oh-
slinnte and perverse opposition has been made
In || 1R authority of the State, by certain per
son* representing themselves to ho religious
Missionaries, and particularly those who tuna
acted under the direction of lilts Ronrd of For
eign Missions in Boston. .Although som--
Hectnristi zeal was lor the moment excited
through various misrepresentations of tho
conduct of the government towards these
men, il soon passed away, when it was disco
vered (hat thov hail been ns actively opposed
lo the policy of the Gencrnl Government, ns
to (ho enforcement of the laws of Georgia ;
that they had been treated with great forbear
ance ; and dial they were the mere instruments
hi tlio hands of others, nf promoting and ex
tending p.uiv strife. It is an honorable dis
tinction that belongs to our cauntrv, that >1*
citizens are neither proscribed for ihrir reli
gious opinions, nor protected by them from
will find in the paper* which nro bud before
you, the fullest evidence that ihe President i*
now uaingall the menus placed tit hi* command
to induce the Clierokees peaceably to rclin-
$h ihoir occupant rights. There is little
doubt but that success will he the result ofliis) removed altogether
terials. The guard by the assistance of the
citizens of this place and the officers of the In-
Ntilution, wore enabled to prevent the escape
of any of the i onvicts. They were immedi
ately employ ed by the direction of the Inspec
tors, in preparing temporary prisons and work
shops, hi removing the walls and rubbish of
the destroyed buildings, and in aiding in tlie
erection of cells for solitary confinement. In
consequence of (bis application of the labor of
the convicts, and the loss of iho materials
which bad been prepared for manufacture and
which could not he readily supplied, the
amount of sales during thu pus! venr have been
verv small and wholly insufficient to support
the Institution. Seventy-five cells for solita
ry confinement have been nearly completed.
They arc ennstructedjof the most durable mn-
tnrials, nml in biic.Ii manner us effectually to
! prevent tlio communication of the prisoners
witii each other, Ihcir escape, and all future
risk from lire.
From indications of public opinion in vari
ous parls of the Stale, since the destruction of
Ihe buildings of iho Penitentiary, there is no
doubt but that ail effort will bo made during
your present session, to abandon tho system
of Penitentiary punishment altogether. The
well being of our community is deeply con
cerned in the course which you may pursue.
The Penitentiary lias as yet been encounter
ing the difficulties which arc necessarily at
tendant upon all great and novel undertakings.
Its officeri have been unexperienced, the
buildings until for the purposes for which they
wero designed, nml its entire police exceeding
ly defective. Instead of being fostered as a
fuvorilo institution by the Stale, it has met
with constant opposition. It ought not there
fore to bo matter of surprise, that it has not
produced the entire good effects that woro an
ticipated from it. The question for your de
termination should not he, whether you will
uhaudon the Penitentiary, on account of its
present defects, but whether it cannot bo so
improved n* to prevent tlio commission of
c. me* with more certainty thar. public whip
ping, pillory, branding, imprisonment in (ho
common jails anil hanging.
I is objected to the Penitentiary that it has
been a continued expenso to Iho Stato. Ad
mitting this lo ho true, ought tho expenditure
of a few thousand dollars nnunlly to be u mat
ter of any consideration to (ho Legislature, in
adopting the best moans of preserving tho re
putation, lives, property and personal liberty
of every member of tho community, from the
lawless attacks of tho vicious and the violent ?
From the result of tho alterations which were
inadit in iho government of the Penilenimrv
three years ngo, and what tin* been effected
in similar institutions in other states, il is con
fidently believed that this objection tnnv be
svsiein
Union, that it should disclaim all title to the j punishment for crime. Twelve person* have
Indian lands within it* limits, the United -
State* declaring by Inw Ihnt it Imd the sole
.and exclusive power to dispose of them. The
United State* has acknowledged that this
Stato bn* belli the right of *nil and jurisdiction
over that portion which i* within it* limits.
11 is difficult to com ewe of any proposition
lending to more absurd consequence*, than
jhut laid down by tho court, that any Indinu
IriW- with which the United Mints* forma con
tract*, to which the term treaty may be affix
ed. become* a nation, capable of governing it
self, sud entitled to the recognition nf the
court*, a* .Slate*. It woiibt bring into being
bundled* of flair*, utterly incapable of self
defence oretarcuing "tin attribute of National
Sovereignty. If the opinion of the court be
coiree.i. then all tho lerritorv which wus ac.
quircd by the original thirteen provincial go.
* of various Indian tribes, is y«-i the
been convicted for illegal residence, and son-
toured lo confinement in file Penitentiary
They have all been pardoned upon llio condi
tion that lhoy would not again offend against
Ihejnws, except two of the agent* of the Bos
ton Board, who refused to he Ihc subjects of
Executive clemency, upon *nrh terms.
The enforcement of the Cherokee laws, ha*
been completely suppressed within thi* Sluto.
Nn disposition ha* ho never been evinced on
the part of the Indians, lo heroine member* of
our community. The mass of llio people ore
indeed not prepared for il, and would no doubt
have long *mro accepted I ho offer* of the U.
S. Government, to give ilicm possession of a
territory to the West of Ihe Mississippi, in ex
change fnt their present ocenpant rights, but
for the controlling influence of a class among
them, almost exclusively made upoflhodcscen-
danlsoi tie* white*; and i-vii that class would
time liuve consented lo re-
pruper'y ot the aborigine*, because the treit- perhaps bi
iminn baan**™.*. k. '.'w 'v'* ** r '' nv , "" l 1 ‘ r support and c oouragemeiU bn* done, and wlist Masaacliuseit
Diving been made by the King of Great 15m* j which they have received from different parts of
measures if supported m the proper manner by
llio authorities of this Slate. Permit mo parti
cularly, to recommend, Ihnt you pa** resolu
tion* authorizing the President lo grant reser
vations in fee of such qualities of Iniiil, a* inuy
be amply sufficient for their support, to all the
Cherokees who lire urinal cultivator* of the
soil to nnv extent, and who mav desire to re
main within the State and subject lo its laws,
upon consideration that the United State*
Government will pay to tho Slate a reasona
ble) valuation therefor.
TheTuW which was passed nt your lust ses
sion, for the survey and distribution of the
Cberokeo laud*, was not lo bo curried into
offer! uniil rhn title of tbo Cherokees was ex
tinguished by tbe President, or until further
legislation. As the Indian title has not a* yet
been extinguished, it will be necessary lor vo.i
to (lelcrminu whether nnv, or wliut further le
gislation shall be hud upon this subject.
Permit me most respectfully to express the
opinion, that the condition upon which Ihnt
law was to go into operation, ought not to lit
repealed. If it should, and tho Cheroke.
hnd* distributed uccording to its provision*
the effect would he, lo deprive our Indiai
population entirely of their possessions witn-
nut Ihcir consent and without any equivalent.
The character of tho Stato, tlio interest of the
Union, respect for public opinion, and thu
rights of the Indians, forbid that so gross au
act nf injustice should lie committed.
Although the riglis of snii mill jurisdiction
are attributes of sovereignty which belonged
to the Slate when it became independent, and
with which it has never parted, and in 'lie ex
ercise of which it cannot lie constitutionally
controlled hv the United Slates, it does not
follow that those ri- '..a authorize the State to
pi ice ihc Indians beyond it* protection, nr lo
lake from them their possessions, lo ho distri
buted exclusively among another portion of
ils population.
Copies of Resolutions passed by the Le
gislatures of several of tbe State*, upon sub
jects of general concern, are laid before you.
A'mir attention i* particularly called to those
from Massachusetts and Connecticut, char
ging this Stale with tho design of dissolving
the Union, bemuse of its expressed determi
nation not to permit the Supremo Court to
control its jurisdiction over ciimes committed
within its limit*. Il is much to he regretted
dial the prejndices and unfriendly feelings
which have already been excited among the
people of different sections of our country, by
jarting nod local interests, should be embitter
ed hy Unnecessary intermeddling uf one State
with the ulfinrs of another. In w hat Georgia
tnd Con-
It lin* also been urged against the Peniten
tiary, that il has not succeeded in reforming
convicts. It may well lie doubted whrtfier
holding my signature, together with copies M
the bill, accompany this message. ^
The members of Ihe Guard of the Peniti
tiary arc at present under no control, |, e<Mu- r '
the law which directs tlm munnernf ihcir i.
ishment cannot he enforced. I would ti,.- r ^
fore recommend that you define sneedi,. ,i;
what arts of the members i.f the Guard -
such, shall be made criminal, affix in
their proper punishment, and subject tlien, (g
the jurisdiction of tho Superior Court.
The resolutions whiclispassed at your |„ J(
session authorising roe to appoint a Board ig
be composed of threo officers, whose d u a
should lie to review the Militia laws, and ' ta
commend such alterations as they might
sidcr necessary lo establish a correct .
by some inadvertence failed to receive the
natures of the officers of the House ofHep re
sentaiivps, and could not therefore be earned
into effect. 1
The returns of the Brigato Inspector*
reports from other officer* shew, that the ncl,
lia i* in a state of disorganization throughout
the state. The prevalence of the opinion i>, at
no effective discipline can he acquired in t„ ne
of pence, from militia trainings, has rrea>d
among ihe people surli an indisposition In a-i'j.
mit to the requirements of the present | aw ,"
as to render it very doubtful whether any nd!
ditional enaetments -could ho enforced. 1
would therefore suggest for vour considers
tiou whether, ins'end of devising new phnj
for improving and enforcing discipline, good
policy does not require the repeal of the "pro.
visions which experience has shewn, ennnot
he executed beneficially, particularly their
present hnrrussing and useless penalties, and
that the whole system he rendered as simple
and as easily executed as possible. An enrol,
mcnl of all persons able to hear arms with »n
annual review in each county, would il is be
lieved answer all the purposes of a militia syj,
tern in time of pence, and especially if od.l'i.
tional encouragement should be given to ike
formation of volunteer corps. It is not intend
ed hy this recommendation to impugn the truth
of the maxim, that the militia of this com try
form ils surest defence. Tho truth of t|, a t
maxim does not depend upon the supericrdis.
cipline which the militia can hy any Irainmr
acquire over regular troops, but thu persever
ing spirit and patriotism with which tho citi.
zens of a government w ho enjoy the advanta
ges of civil and political liberty, will always
defend their rights. The question which "in
presented lo you is, whether the burdens of
the present militia system, when considered in
connection with its inefficiency, docs nni de
tract more from the value of our privileges,
than any knowledge of tho art of war it runt-
municales, adds to their security.
I feel it mv duly to call your attention spe
cially to the necessity of reforming tho consti
tution, by equalizing the representation ol ihe
people, nml reducing the number of the mem
bers of the Legislature. In (henry nil admit
that the people arc emuled to a gencrnl equal
ity of political power, as the surest means of
securing to every one mi equality of civil
rights. From the acquisition of uihhlmiuil
territorc, and Ihe division of the original coun
ties. the rule of representation fixed hv il.o
constitution, lia* become so unequal I tint one-
third of the people urn now in the enjoyment,
through their representatives, of an equal pur
er in t lie government of the State, to the other
two-thirds. Most of tlio comities which n ivo
thus acquired nn undue proportion of power,
human institutions can off ct much m irans- j are in tho same section of the state, iiioch,
forming vicious into virtuous men. But ivhnt- (from ils climate mid soil, must always bo
ever niiglil lie off-cied in reforming convict*.. sparsely populated, so that tho inequal.lv of
we have had no reason to expect any such representation which exists at present, must
consequence from our Penitentiary, because tin- [continue to increase. Il is Irue, (hut no very
til ihe appropriation lorbuildingcells (orsnlitu
ry confinement, ils manner of punishment was
only calculated to corrupt and degrade them.
All classes have been put together in thesamo
romns nt night, and no efficient restraints pla
ced upon their inlercnumo during Iho day.
Tlio great advantage of tho Ponitcnliary sys
tem consists in its withdrawing from the com
munity for ii length of limo its must vicious
members, and so operating upon tho imagina
tion and tears of bad men, hy it* pecuhnr form
of punishment, ns to prevent the actual com
mission ol crimes. The habit of idleness und
improper associations produce most of iho of
fence* against society. It ia therefor-, that
conslunt coin, uls,>ry labour and entire seclu
sion from ull imrreourso with others, is tile
O’0*1 dreadful as well ns tlio most cf-
ftcu.-it punishment. When it j* consider
ed that no Stato has ever abandoned this
mode of punishment, that it has been greatly
improved of lute year* in many of the Institu
tions of other Stales; that in some of them large
profits have been realized from the labour of
• he convicts; und that in oilier.* scarcely nnv
instances occur of second commitments ; is it
not reasonable to ascribe the failure of the
Penitentiary in this Slate, rather lo the defect,
ive manner in which it has been managed,
than lo the imperfection of lire system inclf?
Is it not dun in our character fur nrmneas
mid consistency of purpose, lo make a full
and lair experiment before it is abandoned?
Ought we In throw away all tin-valuable ex
perience which we have acquired, and the
large amount of rapitnl which has been expen
ded. without a thorough conviction ihnt it can
not t-e rendered useful ? Entertaining these
tjurioiis consequences have, as yet, proceed
ed from this inequality, because il lias been
brought about gradually and has not until ve
ry lately been the subject of public attention
and interest. Fnrtions, sectional jealou>it* r
puriinl law,-, nmt ilit: unequal distribution nflHe
public funds, must result from tho present
state of things, if tho minority continue to op
pose with success the expressed will of the
people fur the restoration of the constitution
lo its Irue prineiples. The public gout! there
fore requires thnt an alteration should be ef
fected as soon ns possible. According to the
constitution nt the time of ils formation, tho
Senate was composed of twenty-four member*
xnd the House of Representatives of sixtvl wo.
At present tho Senate has seventy-eight mem
bers und the House ono hundred and forty-
two. The consequences of this eliango hnvo
boon an increased expenditure for the support
of the government, numerous local and privnto
laws,various inconsistent provisions in the gc-
nerul laws, and an uncertain and varying poli
cy in tiro conduct of public affairs. Ft is spe*
cinlly necessary that the present organizatinn
of the .Senate -hould be as uttered ns to reduce
the number of its members to what it was ori
ginally, nnd thereby mukn that body an effi
cient check upon usuless and improvident le
gislation, nnd destroy Ihe united action which
new takes place between the Senator and Re
presentatives of the counties, and produces
our vast superfluity of local and private laws.
If two third* of the Legislature cannot bo in-
dui-ej to vole for nn amendment of the consti
tution. according lo the expressed will of the
peopl- upon i|n* subject, I would recommend
that it he rp'erred to thn people ihcnitcIveK,
opinions, I leel mv duly uiuat earnestly and nn< ^ 'l |al resi-liilions be passed advising them
respectfully to rcrotnmend iliai ilia* Pemt
tiary be rebuilt according :o the most approv
ed model, that the number ofoell* for solitary
confinement, wliieli have been directed to lie
built In* completed ; nml that the necessary
laws for rendering ils police effi-ctivc ho pas
sed. Li addilion lo the appropriation which
will he required for this purpose, u further
sum will he wanting for the purchase of mate
rials fur manufacture, and the immediate sup
port of the institution.
The bill ahi.-h waa passed nl vour last ses
sion to regulate the internal police of tin: P«*n-
iteiiharv, '\hh riiiiM.lwu'd uik’on.'titwiioiM I,and
neci.cui condemn, others liavo only perceived | therefore not-signed. Tire reason* for with-
to elect members to a convention for that pur-
The Congress of the United Stqtes having
failed nl us Inst session to accept lire term*
proposed hy tho Legislature for the ascertain
ment of the dividing 1 no between this State and
the ti miory of Florida, I proceeded lo ou*e
that hue m be run l>v two commissioners, ao
artist and surveyor, a* directed by your resolu
tions. The President was informed of ths
time and place of their meeting to enter upon
tho discharge of this duty, and in answer sla
ted hi-intention of laving the subject before
l -ngre*» at it* n.-xi nos*.on.
I» Commissioners al'trv the most accurett