Newspaper Page Text
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DOMESTIC.
• 'omnunicatton oj the C
I Slate to the course, which tba has taken : and
ill.e day most speedily arrive, when al! tie
'heari-buruiugs on (Ins subject must hi* put to
rtuif of Georgia, in: final rest. The combined and combimn
compliance with lUe rn/ueet of "the lionet of\ Quemcs now m operation, ng.nn-l the . baric
Re.rrtstatatien, communicating Ike infur I ter, interest, peace, and prosperity of the stale
the possession of the Executive, to-1 cannot be much longer deplored in silent in-
■’ether with l,ie rime in relation to the Cher-1 action : nor ought we to plaee, any relinnec on
■ ul.ee Action, natl the immediate eurtteij and; inefficient measures. Unfounded calumny
occupancy of the Cherokee Lands. land prejudice, kept at a distance, may be en-
r " , . (tiered : but domestic and household enemies
I-McLTivn I i eutr..ir,NT, 1 I produce unceasing disquietude and danger.
MdltdgtttHt, Dec. 1, 1831. J . XJ,e unforluriale remnant of'Cherokee In-
the licusc of llcprtsmtatnes : jdians tetiiaining in Georgia, ought now to cr,n-
Gcntmimek,—Having been called on by aider themselves the utltnitled eliargo of our
. ,,ur resolution of tins dale, requesting me to [peculiar care : mid if possible, we ought, as
i fore your branch of tIre General Assent
■in- information ir, mv possession, “ in re
their friends and benefactors, to preset vo and
Icherish the.m. They ought not forcibly In be
o the Cherokee nation,and which might j dispossessed of their liotncs.or driven from tlto
tluence on the policy of tho measure j land ol their fathers : they ought to he guard-
L'tipancy ofihejed and protected in tho |ienccahlc enjoyment
, i lbe iinnicdmtH survey mid
' licjukt e lands, which inis nut heretofore linen
. .’ininmiteateu, together with nny view * of Ih
executive, upon tho subject, winch that Do- :Ion
•srt'cent mav think pinner to make known
In answer Ineroto, I submit the following,
. . 'jis result of long reflection, on the impor-
;.i* subject referred to.
!i is believed that u crisis bus arrived, in
■..'neb we cannot permit the course of our pol-
l y. in relation to the Cherokee part of Gcor-
ia. to remain in ns present perplexed uud 0X-
i- tordinar v condition, without jeopardizing the
j 'crest and prosperity, if not the peace and
ilhty of the State.
Circumstances within the recollection of
• ir whole people, imperiously demanded tho
. Mention of the laws and jurisdiction of our
Mate, over our entire population and territory.
I'.iis s ep has beer, laltoii, and cannot he rn-
traced The State cannot consent to lie re
stricted in die exercise ol her onstitulioiml
ngiiis It is now too late for us to theorize
on tins subjei t ; we are called upon to act ;
U.e public functionaries of the Slate stand
edged to their constituents, andXho world,
ol a sutVicicnl portion of land, to sustain them
with their lamilius, in their present abodes, so
they may choose to remain : and ilieir
rights and property should ho as well secured
from all lawless depredations, as those of the
While man. It would be as cruel, as unjust,to
compel the Aborigines to ubatidon the graves
of tneir fathers: hut in tiie prosont extraordinary
state of things, it would he visionary to sup
pose, that the Indian claim can be allowed to
this extensive tract of country,—to lands on
which thoy have neither dwelt, nor made int-
provomonta.
Prim iples of natural law. and abstract jus*
lice have often boon appealed to, to show,
that tho Indian Tribes within the territorial
limns of the states, ought to be regarded as
the abseluto owner* and proprietors of the
soil lltcy occupy.
All civilized nations have ackiiowlorigod
the validity of tho principles appealed to ; with
such modifications, and interpretations of these
principles, as the truth of history has verified,
especially in the settlement of this reentry.
Tho foundations of the states which form this
i the ground which they have taken. I Confederacy, tvero laid by civilized, and Chris
11 is our constitutional tight, and moral doty, tian nations ; who considered themselves in-
forthwith to interpose, and save tilt part of our | strueled hi the nature of their duties, by the
state from confusion, anarchy, and perhu|;
trotn bloodshed.
The question of tho light of the Slalo to
jurisdiction, seemed for n lime to have been
settled. Our laws were in regular, unmolest
ed operation over out cnliro territory: our
tights appeared to he no longer controverted ;
and 'lie responsibility for existing evils was
devolving on ourselves.
Uni new ami unexpected dilfteiilties are ari
sing nut of thu iniberilitv of our own measures,
and the selfishness of some of our citizens.—
It has been thought that some of our most dis
tinguished citizens have thrown almost insu
perable obstacles in the nny of n speodv ter-
munition of our liidiitu difiieiiliies. The laws
heretofore enacted, for the maintenance of the
jurisdiction of the Stale over that portion of
our territory, and for the government of all
persons residing therein, it must new ho ad
mitted. have rbltrit to •ssowiptisli ul! that was
desired and exported, by the I'rietula <»l these
tuoaver-s. file deleeis of our laws have been
cveie- d iy then- practical operation. It is be
lieved, that any attempt to establish u salu-
taiv rivil government, over a country con
taining nearly five millions of acres of land,
while destitute of ilm materials to iultr;ini-nr
the law must fuitn the nature of things, prove
in a great measure abortive. A few thousand
hull eivilizcil men, both indisposed, and incom
petent to the faithful discharge of tho duties
of citizenship, and scattered over a territory
so extensive, can never enjoy the inostirnablo
blessings of civil government.
Whatever mav he tho nominal character of
our legislation, wo cannot govern tho country
under ronsidurntinn, with tumor to our charac
ter unit,benefit and-humanity to tin* Indians,
until we have a settled freehold, white popula
tion. planted oil tho uiirmciipied portion of that
territory, under tho influimco of all the ordina
ry indueetm tils of society, to maintain a good
system of civil government.
Oar government over that territory, in its
present condition, ill order to lie efficient,mitst
partake largely of u military chararlnr, nnd
con sequent I v must be in. m or less arbitrary
mid oppressive in its operations. If the pres
ent system ho continued, it is important, that
utuple powers should he afforded to the Exec
utive, to*regulate the conduct and control the
operations, of the agents employed to adminis
ter the government, in that part of tho State :
but it is doubtful, even with litis power, wheth
er any vigilance and energy on tho port of (he
Executive, can wholly prevent injustice and
oppression being committed on tl>e Indians,
nnd at tho same timo maiiilun, the laws invio
late-
If Georgia were at this day ro relinquish all
right, title and claim, to the Cherokee coun
try. tvliut would bc its situation? The tmpo-
procopla and examples contained In the sacred
Volume, which they acknowledged as the basis
of their religious need nnd obligations. To
go forth, subdue, and replenish tho oarlh.
were considered divine commands. Whether
they were right or wrong, in their construction
ol the peered text, whether or not, their .con
duct can ho reconciled with ilieir professed ob
jects, it cannot he denied, that possession, ac
tual or constructive, of the out ire hibiluhlo
part of this continent, was taken liy the na
tives of Europe : and that it was divided out,
und held by them, originally, by tho right of
discovery, ns between themselves, and by the
rights of discovery and conquest, as against
the aboriginal inhabitants.
The English colonies and plantations were
settled and governed, under various charters,
and instructions, issued by tho crown to indi
viduals nr companies; und notwithstanding
dial itin paramount sovereignty, was reserved
m all tho charters, to tho mother-country;
vot in tho grant of tlm absolute property in the
soil, there was no reservation of any part of it
to tho natives ; who were left to ho, disposed
of, as tho proprietors might think fit and pro
per.
Humanity, and the religious feeling of the
early adventurers in America, connected with
the consideration of the power and immense
numbers of the native races, nnd their savage
mode of warfaie, luid the foundation of the
policy adopted in this country, towards the
Indians. Tho practical comment to he found
in lltn ttcls of all tho governments of North
America, evinces very litlln regard for the
eloniMitarv doctrines of theoretical writers on
• his subject. One of the expedients resorted
to, by the early settlers in this country ns a
fundamental principle of policy towards the
Indians was, to appear to do nothing which
concerned them, either in appropriating their
lands, or in controlling ilieir conduct, without
ilieir consent. Hut instances have occurred,
a d will again occur, in which tho interests of
civilized communities have demanded, arid
will again demand a departure from this seem
ing liberal policy. It is believed that many of
them, is of the colonial, us well as of the state
governments, will mamtain tho great funda
mental principle, tlmt within tlm territorial
limits oftho Colonies or States, the ancient
possession of the Indians conferred on them
no rights, either of soil or sovereignty.
The rigour of the rule for their exclusion
from these rights has hern mitigated in prae-
nee, in cimlottnity with the doctrines of those
writer-* on natural law, who, while they udinit
tho superior right of tho agriculturist over the
claims of sin age tribes in the appropriation of
wild lands, yet, upon the principle that tho
earth was intended to ho a provision for all
mankind, assigned to those tribes such per-
ouch lands ore situate. It is believed, that no
title to'lauds, that bits ever been investigated
in any of the courts of lire Slates, or of the
United States, lots been admitted to depend
on any Indian deed or relinquishment, except
in llmao cases, wlieic grants had bscn pre
viously made to i-’dividual Indians, to hold in
fee simple, either by the state, or colonial go-
vernmen'.s.
IVilh all of those facts and examples before
us, taken in connection with the extraordina
ry state of our Indian affairs, will any citizen
of Georgia hesitate, upon tho question of ad
vancing or receding? To stand still, will in
eli’ect be, to recede—to recede, is to abandon
our rights, and tacitly admit our incompeten-
cy to sustain our constitutional government,
within our limits. Our laws now in opera
tion, lor the maintenance of our authority,
and tho preservation of order, over our Clie-
rokeo lands, must necessarily be temporary ;
the expense alone of the present system is a
burthen which cannot he permitted to continue
long. Tho present state of tilings in the Che
rokee country, it is believed, is strengthening
the adversaries of Georgia, at homo and
abroad. In order to secure and protect the
Indians in their abodes, and their property of
overy kind under our laws, their individual and
separate possessions ought to be defined by
actual siirrc-ji in •vnnmTipliBliing which, it w
he least expensive, and must compatible with
the views of the state (ns provider! hy tho act
of the Legislature at its last session,) to sur
vey the entire country,
Until we have a population planted upon
the unoccupied portion of this Territory, pos
sessed of all the ordinary inducements of
other communities, to sustain our laws and
government ; our present laws providing foV
the government of this part of tho stale, should
not only bo continued; Imt ample power
should he afforded, to enforce obedience to
(heir reqiiiremen s. To effect, (Ids object, the
Executive should ho vested with full power,
promptly to control the agents who have been,
or may he selected, to maintain the authority
of the laws in.ihat portion of tho state.
1 never can consent to he considered among
the number of those, wim disregard the inter
ests, rights, or claims of the Cherokee Indi
ans. Georgia would still forbear, if anv linpo
remained, that Iter embarrassments could ho
terminated hy negotiation or investigation of
any kind; hut the present posture of affairs fur
nishes no satisfactory assurance of u success
ful issue to these injurious embarrassments
and dilficuhies, and the state would he respon
sible for the evils that might ensue. I would
recommend no course, which might tend, in
the slightest degree to weaken the just claims
of toe Cherokee fitdinns to full indemnity and
remuneration from tho government of the U.
.Males, Cor all guarantees tnado hy that go
vernment to the Indians, to lands within the
limits of Georgia.
As a member of the Federal Union, we
should duly consider the obligations of the U.
States to the Cherokees. Whether a treaty or
compact bn m ido with one of the states of
. -..I. ajggggssgs
s -,.t
Athens- Dec. 20,1831.
Elution Returns.—The following, so fnr ns we have
ascertained, is the result of tho late election for a mem
ber of Congrees ;
MAJORITIES FROM REPORT.
Schley.
214
302
127
Clayton.
Clirk,
Green**,
Gwinnett,
Madison,
Morgan,
Oglethorpe,
Baldwin,
Hancock,
Jonen,
Jasper,
Twiggs,
Warren,
Jefferson,
Monroe,
Newton,
47
nklii
Putnam,
Elbert,
Muscogee,
Burke,
Enure ns,
Campbell,
130
240
217
34
100
2750
1007
Hull,
Jackson,
Walton,
Wilkes,
Richmond,
v # . iJkinsoji,
Faygtte,
Dekalb,
Habersham,
Butts,
Bibb,
Crawford,
Columbia,
Chatham,
Houston,
Lincoln,
Scriven,
Washington,
Maj. for Clayton, 840
Map of the Cherokee Territory.-— A map of that part
of Georgia claimed hy the Cherokee Indians has been
published by John Ilethune, Surveyor General, and n
copy in pocket form, was left at this office last week.
It is upon a scale of nearly five miles to the inch, and
Measures twenty-six by Ineoly nnd a half inches. Jt
is beautifully executed—the lines und numbers mudo
by the late survey are all laid down, together with the
mountains, water courses, settlements, gold region,
&c. The growing interest in this section of onr State,
makes n publication ofihis kind important, and at this
time very desirable, and wchope the enterprising au
thor may receive ample remuneration for the service he
has rendered.
Interesting to Post Masters and Mail Cartier j.—Some
difficulty having arisen on the question to which tho
following letter alludes; Mr. John A. Byrd of this place,
1 Contractor, addressed the Post Master General
requesting information, lie received for answer the
letter annexed, which we are requested to publirh :
Post Office Department, Office of Mail
Contracts, July 5th, 1831.
John* A. Byrd, Esq.
Mail Contractor, Athens, Ga.
Sir — Your favor of the 9 llh ult. is at hand: in reply
thereto, I am instructed by tho Postmuster General to
inform you, that it in the duly of a Stage driver to de
liver the mail at the door of the Post Office, or os near
thereto, as he can, without endangering the gaiety of
- the stages and passengers. The driver is in no in
itio Union, or With n dependent and nubjoci j stance required to leave n\a horetn tn fieri
community ; tho faith of t!»o Nation should tho mail. It is presumed that little difficulty will anao
not be disregarded. While the antecedent ‘, ,n ! l,,s l eor , e : !1 ! h . c pr T r 'P i , ri * of 1 . ,nu ‘ oal , a “ oromo :
c t tt o. r1 j dation should exist on the part of tho extractor end
engagements of the u. States to (■eorgin, are j postmasters. It is very tlosirnblo (hat tho most psr-
entilled fo prcceJenno in their observor.ee ; feet harmony should prevail between all the agents of
this department, and the Post Master General believes
that you will do nothing to impair that good feeling,
Very Respectfully &c.
A. NELSON,
For the Post Muster General.
Leglslalurt.— Tbo Iasi MiJJcdgeviUo papers contain
no detailed accounts of tho proceedings of the Legiala-
yet, ns far us possible, the Cherokees should
bo compensated for imv failure on the part of
the United Stales, literally to comply with
their stipulations to that people. Thai being
done, there remains no just enuse of complaint.
Th* first duty of every government is, fo pro
tect the rights, nnd promote the prosperity of
its own members, let, the rights and inter-1 turc, perhaps for the simple reason that nothing of im-
osts of others, of whatever character or eon- j portance lias been done. The Recarder of the 15th
dltion, arc not to he wuntonly restricted* nor * says, it is expected that this body will adjourn sine die
in any ense wholly disrojpuded. But tho j on tho 24th inst. As an item of mot-t interest, we ex-
principle cannot be suatmned hv nny fair j tract the following:
.nurse of reason or author! ty, that' the United 0n ThurttIny last , thfl H ou» of Repreaen-
Ma.us can .0 justice, bo bound to v.olato ,ts ,j d f he Bl „ provi <Ji n g for tho call of
relation. .* compacts with Georgia as one ofl Co J enlion to am ^ d th „ Constitution of
tho elates of>o Union, or tho rights of^tlii. j g g0 far a8 rod(!CO thn number of
statu as a third party, for tho mure considera
tion of performing an after obligation, or se
condary duly to tho Indians,
Iteg.'irdless of tho pretensions of others, I
members in the House of RuprosentativoN
Tho hill provides, that tho people assemble at
the several places of holding elections through
out the State, on the first Monday of March
yield to none, in my respect, friendship, and neT|> nnd vo(0 .< Convention" or “ '.Vo Cont-en-
vcn,.ration, for our present, patriotic Chief f , W> _ The Super.ntendants to make returns
Magistrate of the Union. He has, upon every I Governof) „, l(1 jf a majority of the votes
tu occasion, manifested an unceasing dispose j nro in fHVor of , Convention, tho Governor is
lion to better the condition of the Indians; and j of |SS „ e h|g Proc | amali „ff, giving notice of the
at the same time to relievo tho mates Irom j fac ,. Xhe pc , e uro , hen l0 assemble at the
(Ins embarrassing portion of the.r population, j , aces „ f ho | d . ng elections and elect Dele-
In an especial manner, he lias manifest.id bis, (0 sald Convention, equal lo the whole
deep sense ol the w rong* brought upon Goor- n(1|nber of 8enalor8 and Representatives of
tenry und mcompetency of the Clu-rokeos to lions as, wlion subdued by the arts of the hu,
maintain « regular government, even for a few j bandman, may be sufficient lor their condor!.)-
months, perhaps lor u few weeks, would at j hie subsistence. The General Court ot Mns-
oin o In- demonstrated. Tlm country would sachusclts, in 1633. declared, '* That the In-
specihly hn over-run, chiefly by tho molt
abandoned portions ol society from nil quar
ters. The gold mines would hold out an ir
resistible toinplatinn to nil such characters.
Th* existence alone of the rich gold mines,
Utterly forluds ike idea of • state of quiescence
on this all engrossing subject.
Our irue situation and motive* on this ques
tion are still misunderstood, and often misre
presented, by those at a distunes. In order
to nppierutie our policy, our true situation
must be understood. I will not attempt to
rmimer.ile the »roiigs, einborrussmonls, and
perplexities, which this (Slate hue encountered
l>y what I tm constrained to deem, the im-
dians had the best right lo such lands as they
bad actually subdued nnd improved.” Tho
government of that Colony at the same timo
asserted its right to all tho residue of the lauds
w ithin its chartered limits, and actually parcell
ed them out by grant, among the while inhabi
tants ; leaving to these the discretionary dti'y
of conciliating the Indians, by purchasing their
title. The General Assembly of Virginia as-
scrteJ the unrestricted right of a conqueror ;
and at the same lime conceded, what tho prin
ciples ofnulural law were supposed to require,
when, in J65S, it onactod, “ That for the fu
ture no laml should bo patented, until fifty
acres had first beou set apart to each warrior,
la-rtinenuniernieddluig of “ bu.y bodies ’’ Of-j or head of a faintly belonging to any tribe of
lienu* persons of various descriptions have Indians in the neighbourhood.” No respec-
unfonunatsly succeedod, in inducing our In- table jurist has ever gravely contended, that
d-au people to believe, that tre are their eno ■ !lhe right of the Indians to hold lands, could
inia* and oppressor., and m alienating their (bo supported in the courts of the country, up-
nfT.-'iiont irom us. 1’lie.i! various iniormcd- «n any other ground than the grant or parmi*-
.uiing* hastontMthe cfisiijvyfiich compelled the Isiop. of tba sovereignty, or tfttite in which
gia. by the wimt of good faith on the part of
ilia Federal Government ; and lias fearlessly
advocated ilio rights ofGeorgiu to the full ex
tent of her claims. Therelbre, every consid
eration of duly and justice, requires our cordial
support of the President, in oil measures oma-
nalin'g from Turn, winch may not bo deemed
incompatihlo wills paramount duties.
In conformity with the views herein submit
led, I would respectfully recommend to tho
General Assembly, an immediate survey of
Ilio Cherokee Territory. After completing
the survey of iho country, (unless it shall be
come indispensiblc lo tire interest and pcaco
of iho slate to act differently,) I would yet
pause for a time, and endeavour to maintain
our present, unpleasant, expensivo, and cm
burrassing situation, in the hope, that bettor
counsels may then prevail among tho Indians,
und tlut those who govern them, may yield to
such measures, as will obviously promote
their real and lusting interest.
Uni should circumstances render it ind.s-
pcn-ablc, to take possession of the unoccupied
Territory, wo can than sustain die Indians in
thsir homes, protect thorn in their rights, nnd
save them from that cruelly and oppression,
which have loo often boen the inheritance of
this unfortunate people,—In tho confidence,
that thmr claims to the territory thus occupied
by Georgia, will he extinguished by iho Fede
ral Government, in comph mce with tho com
part or I6 f b > .
WILSON LUMPKIN.
the respective Counties ; who are to meet
Convention at Milhtdgevilln on the fourth
Monday of June next. The hill further pro
vides, that no person shall be entitled lo a
seal, who bns not attained the ago of twenty-
live years, and been a resident of Georgia sc-1 , . - -- ---
ven years—and the Du legates aro tc, take an I ' hat , M ** 10 bc J usl ,nuR, bo e '1 u “ 1 ' Lidepcn-
oath against attempting to amend any nthof dettl ' y of ,ho Constitution, I think I can shoe.
I session. Sir, said Mr. B. i um yei uu
j cate for their repeal, aa an act of common justice.
| Much has been said about individuals cotniB,
into the Slate, for the alono purpose of geim,?.
draws. In the upper part of the Stato there
arc as high minded men as in any other pan
who came not there to gel draws alone.
seems to have been the policy of the Slate
from the days of Gen. Oglclhorpe, down tj
the present period, to increase its population,
else why so many statutes encouraging a set.
tlement of the soil. Tho lottery system, mucl
ns it is condemned abroad, has powerfully j„.
created our population, nnd bv that increase
has enriched our State. Heretofore in thn
lotteries, a three yoars residence has been
sufficient; und I would suggest if, in ti n]0
pnst, a residence of three years lias oniitleO
individuals to a draw, the same period slmulij
not now prevail; and for ono or two o!>vioy s
reasons. In the first place, to maintain uni.
fortuity in our lottery system, so that no one
can complain of a greater requisition from |,j m
than another. And secondly, after so i nan ,.
lotteries, there are comparatively few w|4
have not drawn land ; so that by lessening th 0
number, you give those who have not drawn c
decided advantage over those who have. Si r
I hope the motion lo strike cut tho section
which repeals the fifteenth section of ihe land
bill, will not provail. As many am honored
with a seat this session, who were not hero
last, and as it may bo useful in proving ihe in.
justice of this section, permit mo to advert to
a statement of facts. Early in 1830,
many individuals from different SlateH, had
assembled themselves in the Cherokee na-
lion, nnd were engaged in taking Gold ihero-
from. Of this (lie whole community became
informed, and particularly the Governor. Our
citizens, with a few exceptions, for a time,
forbore ; believing some measure would bu
taken by the Executive to remove those ilia,
ging gold and particularly those from other
Stales. Week after week, and month after
month passed away; and no measures were
taken, at least effectually, to remove the gold
diggers. From this state of things, our citi
zens became convinced thero was no law
against digging gold in the Cherokee nalion (
and believing al the same time, (ho right if it
existed nny whero should lie in the citizens of
Georgia, somo of them repaired to the nation
and withheld some of Iho Stale’s treasure froai
those of other States, who added nothing lo
the revenue of the country : among whom
were lo bo found men from several counties,
whose high and honorable characters would
rarely he disparaged by comparison. Yes,
sir, my constituents with other citizens of
Georgia, engaged in digging gold in the Che-
rokco dation, under a full belief (bat they
were violating r.o law : and subsequent events
have fully confirmed Ihe correctness of that
belief. I have road with some attention that
Constitution which each of us have sworn ts
support, and if my reason has not greatly err
ed, it would seem agreeably to that itiiiru*
moot that a section like the one in question
could not ho passed. That instrument dc-
elaroc tho unappropriated lands in Ceorgiu f:
right to belong to the free citizens thereof.
How docs that section agree with this provi
sion in the Constitution ? It may bc urged m
answer to this question, thut every individual
in tho State, who hud drnwn land might con
tend with equal propriety for a share as a Iret:
citizen. This declaration in the Constitution
is broad and unqualified, but made doubtless
under a belief that wise and judicious legisla
tures would so regulate the disposition as to
ensure equality and justice to nil, und this 1
demand. It would not bo doing him who had
drawn a tract of land ns much injustice lo do-'
prive him of a second druw, but great injustice
would ensue by, depriving him of u draw who
had never drawn, and who had violated no law.
Acccording to my humble views, lire section
excluding the gold digger, makes the net of
fi'ttS' 11 !! in tho Cherokee nation, nlinr tho
first of June 1830, criminal ; for an exclusion
(rom a privilege docs nmount to n punish
ment. Then, sir, wo have another provision
in our Constitution which is express ngninsl
Iho passage of an exjtosl facto jaw. Here I
would remind you that I am no Intin scholar,
but it I correctly understand tho terms ex post
facto, when opplied to law making, it is pas
sing u law punishing an act previously com-'
milled, and which for tho first time is known
lo be an offence. What stronger illustration
of an ex post facto law can we have, than lin'd
section affords ? On tho first day of June.
1830, an act is committed against which no
penal or prohibitory statute exists. In De
cember thereafter an act is passed making it
criminal, nnd punishing the act committed ill
June. 1 would again ask this house t» ihff
section in point is in accordance with the Con.
stituliun ? It is tho remark of a great man
part of the Constitution. After the Conven
tion has concluded its labours, tho Governor
is lo issue his Proclamation appointing (lie
time, &c. at which ills People are to igtify or
reject the alterations, if any art) made.
On Tuesday last, the Bill to abolish Peni
tentiary Imprisonment in '.his State was passed
—Yeas 72. NuysoS—[We learn hy privato
information from Milledgeville, tliiu this bill
will also pass tho Scuttle.]
IVc give below the views of Mr. Byrd of Hull, in tb
Jiocussion of tlic land bili in (ho Home of Keprcfcnta-
tivos on Monday the 5th inrt. Tho bill being under
liMuuion, am!;!,» question being to repeal the pro-
vision of tho law of 1330, excluding gold diggers fioin
a dr»*v—on the motion to strike out the section provi
ding for a repeal :
Mr. Byrd of Han, said, ho hoped the mo
tion to strike out Ihreo years lo insert four
would not prevail. It will be recollected by
this house, that ho asked its leave on the sc-
by a single effort that this section i3 unjust,
because it is unequal. Could that, sir, be
called a law of justice, that would operate so
unequally as lo condemn and punish one in
dividual, while it could not operate on ano
ther equally guilty of tho same offenco 1 Sup
pose, sir, two persons were taken in the act oi*
murddring another, and your laws condemn
and hung the one whilb the other is permitted
to go at large. Surely such inequality would
justly brand any code of laws with the fouler',
injustice. May I be permitted to tay the cast
of the gold digger is exactly in point. Yes
sir, it is ; for it was not alone those who hud
never drawn land that became gold diggers,
hut likewise those who hod, and those who
never could he entitled from (heir residence
elsewhere. Wlmt would ho the feelings anc
indignation of the people, if tho section per
taining to the gold diggers had also declared
that every citizen of Georgia who had drawn
laud and dug gold in the Cherokee nation, aft.
ter first of June, 1830, should forfeit the par-
eond day of (Ins session to introduce a bill in-1 ucuUr lot or lots tu the Stale 7 To my mind
stanter tor the repeal of the 13th and 15lh I there would have been no rational difference,
sections of the Irpj'J VW. pkpsvfl ii tlyo lut * nqij ftro ojip wcmhl Ifr - ^ no more rigfit m cwi'