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n * 1 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'