Newspaper Page Text
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POLHIUj EDITOR.
MILLEDaEVJLLG, GEORGIA, SATURDAY, OCTOBER 23, 1830.
VOLUME 1, KUIlBEk iff.
TH3 ^SSJEB-AXi vIJ’ICH
, UI , ! h> 0 , ..lai.s per nn-
Is publlvht‘14 OU'UIU.1* * at * /. , i j
n ,l ... advance, or Four if notpu.d before no-end o! m
yen'. The ii oil iVoyiU-Stnet, oppisiic Me
Combs’ Tavern.
All Advkk t isements published at the usual rales.
lilacli Citation by llic Cicrks of the Courts of Or
dinary lb at nonhciti.in Ins been made P>r Letters of Ad-
niinistratiniu»t be published Tki*tt »AM<rt lead
N.»i : ce by E^tsoulors an.) Adm ii'sir; tui* or Debtors
s.nJ C e.lit rs to reaiLr iuiUeir accounts iiiestbc pubiisb*
td Six w stats. . .
Sales of ut ^ri ? by Ex culorsnnd A !num«*rators must
be advertised Sixtit uays Iv fore llie day of sale.
Sties of personal pro.-criy (except negro-:-) of testate
and intestate estates by Executors and Administrators,
must be advertised Fortv hays.
Applications by E*ecatortr, AditiinLtrators ar H ] Guar-
public proclamation. A distinct proclamation
uiis tit the same time issued, ceclanng the
•*t»hi of <he State In all the gold, and other
valuable ram> raL, in it- ungranted lands occu
pied by the Indians—The right thus asserted
was supposed to be established by the cus'c
mary law of all tin? European nations, who
made discoveries, or formed Colonies on H i*-
Continent, hv the Ice simple or allodial tith
which belongs to the State, to all la mis with
iti its limit", not already granted away ; and
the abj ure of all right in the Indians, they ne
ver having appropriated the mineral riches ol
(heearth to th-ir own use. Immediately after
ihe i<*Mii' g of tins proclamation, a rompelcnt
tote must b - advertised mice « moi.lli f-r mx months.
to bv Executors, Adniinis r;i or- arid j s.iLOl ion
from
ol
process ot the courts would
S-lea uf real crureov tremor*, iwmim. , T| ‘ 1S promptly attended |
G I irJiuri -miff be publish. J Sixti days before tb d y ] ;o, and although it was known that occasional- j
of
dii.
the
SO
flf die band, or agrceMien') ‘o m»U« tides to Land, must j f. n t iro: y ; ,i |*. Jt sf so far as to prevent the lie
be advertised Tnitr.E months :ii least.
Sii ‘i iti ’■> sales under euti ms regularly granted by
(be cmirtf, must be advettis d Thuvtt dats.
S tenlT’s sale# wader mortg i:*« < xecjiiians must bead-
vertised ^ixty days beior -tbe day ol sale.
Su--r.il‘’s 9 .,ie» of perishable property under order o!
Court must be adr*. uVd generally Fes hays-
AM orpeu* for AJ'crlisements ivib be punctually at
tended to;
\ | LcUers dir-'ct-d ta the etTrc, or the Editor,
cmsi bt post-paid tu enlitie theni to atu nliou.
I jC.-*. ’AnUM(h*<< I
Governor’s Most
So'
Tiiis day, at 1 i u’cGcfr, 111 • G >v«_-r nor irun.-niilUd to
jaoth branches of lit- L gi-daVun , Mv io Hunt tig
A /*:*£ o
ExeCDllVI- ilfcPAilTXtST Gfofcia, }
*V/iu-tteeviUe, GcivOer . ti, icht). j
Fe ll ow -Citizens,
The great number of persons who have
taken possession of the Cherokee territory in
search of gold, in defiance of ttn; authority ol
the Stale, to the injury of the public proper
ty and the rights of the Inn ,ins, have made ti
neC-etSary that you should be assembled to
g..*:her sootier than the time appointed by law
for the meeting of the LeipSl <iure,
fn tbe early pari oi the y ar («o!d was di»-
rfiveied ;d great ouMitHies m the Indian iamis.
Ti.a act of JH29 Having fixed upon the lir=t
.Junc, a>< the time when ti e laws were to be
c-essity of reporting to other means: Nor was
(bis opinion changed nntd it became too late
to rail a session of (he. last Legislature. The
militia would have been employed in protec
ting the fights of the State to the gold, and
icmoviug those who were trespassing upon
'hat r gbt, ii the cwmditution and laws had giv
en me I hat amhoritv. The law which-attach
e<l (i ff r- rit portions of the Cherokee Territo
ry to s< veral counties, so as to include Ihe
whole wit i,. n the organized lino's of the State,
contained no prohibition against white persons
mingling with the Indian population, or enter
mg upon the lands occupied by them, oeitle r
h«d any law of the Suite made it criminal to
lake uv.tie.ra's Horn such lands. The cold dig
gers wo re, therefore, neither subject to arrest
nor any ether criminal process. Under such
circumstances, it an attempt had Ir en nfndv
io remove thorn by the use ot extreme force,
should death have ensued, it would have hren
murder in the actors. If orders had not beer,
given to u-e that kind of force, (he employ
moot of the noi.tia would have been worse
lban useless. The Governor, howevt r, has
no jxjwor over the militia, except in cases vl
in^urreclici!. invasion, or Ihe probable pros
pect thereof liut if l had h en invested »vj(h
a!n}»le autborilj to have called out the militia,
»nd (In intruders had--grossly violated the pen-
extended -over t’lait part of the Slate, all per- j al statute..", or trespa;-'-td upon the ackooivl-
.sons seemed to consider themselves at liberty, [edged rights of the State m its possession, yet
in the mean time,' to appropriate as much ot
Sis mineral riches to*'t!icnr:si‘lves as j/oisible
‘The whole comrr.uuitv became very much ex
cised. Tun profits ol ii*o."e engaged in search
ing fi a Geld, were reperjed to be vary gteat
r riic love of gain, alw..vs one ol the strongest
jutssiens, became sliniuSaLd to excess. A'-i
classes of people, but es;>eci«!iy the idle and
Jirnlhgate, pressed into the mineral reg bn,
■wit!, the hope <f acquiring great wealth ivilh
2ittle Lhul. 'i'iie tl'-oU-and-of |u r-ons thus
widlected ti.^eud r, ail operated u|”:n bv mo
stiyos which lead t<> most of the disorders of
society, ar.d freed from tiiose vt -tmiats which
^he'art’s impose up>>n tta* evd di-positions td
mien, e.vinbden a se< ne of v*ci< us mdulgciice.
'violence and fraud, which wou-id not have bt on
to (Mated for a moment if the rn-ans coni
io’i; been n«ed io prev? nt it. Tlie Iruliau^
Tight (d occupancy was wholly dmifgardrd.
T.h-; Indians themselves v.ere not wen per
mitted to have an equal enjoyment ot the rich-
of the earth, wliicii cir( umstaixes had llius
fo r a time made Common loafl. The Cntro
keo governtnei;!, of ihe unporiance c>f which
i<> the L’d'ars so o uch l as been lately §a(d,
jirovvd uiterly pnwmtessto protect any rights
or punish any wrongs. The Magmlude oi lb;
•ev.i was .such, lh«,i it hrcann: a manor ot con
siueratirm whether the Lsgishenre sheuld r.ut
he called together to provide fur i* pro-
per reubcdv. At (Ins tone She bid for the re
m >valof the Cherokees heyondthe IVlississ.ip
pi, was dv.-pemiihg be’fore ( amgress. The Go
vernment of the United Stales was, for She fird
time, earnestly -ndeavoring to execute the
contract of 1802 The manner proposed ivas
believed to he Ihe only practical one, consis
tent with humanity, to tin 4 ,Indians, and jus
tice to Georgia. Unfortunately («r the coun
try, the opposition to the Administration de
termined to make the proposed removal of the
Jndiaris a party question The t^cis connec
ted with the subject were found to he so far
removed from Ihe knowledge of the people,
ns to afford ample opportunity for the instru
ments of parfv strife to ini-Jeml the public
judgment. It was considered proper not to
eall the la gi-JaHire together, until the result
°* G is extraordinary struggle, io Congress was
known. A hone was ai-o entertained, that
^hcii u lG | HW3 0 f jj u . gjaie went into opera-
[ t'on. mu cit'/.ens would he dhpns- d to rcsnoct
od Chiefs—the location of the (owns and their
population, with various other information ot
the same character, all ot which most be known.
*n ord r that appropriate laws‘may he passed 1
tor the government >ol our Indian people. No
doubt is entertained pf the right to survey the
••ntire Cherokua, territory, if such measure
should he considered expedient. The rights
ut juri-diCiion and soil are essential attributes
of government, and were acquired by the
State upon the acknowledgment of its inde
pendence, sovereignty and territorial limits, by
Great Britain These rights have never been
relinquished. For, although the jurisdiction ol
the States is restricted by the constitution.
Ire m operating upon a few specified objects,
and pi rson*. yet it is unlimited in all other res
pects ; atd the constitution contains a special
provision that it shall not be construed to the
prejudice of the claims of the States, to ter
ritory. Y.rious cessions of these rights of
soil and jurisdiction over Indian tribes, and the
territory which they occupied, have been made
by different States, to the United Slates, by
virtue of which it has created territorial gov
ernments, .'nd granted the right of soil to indi
vidual-,. Virginia, Georgia, New York, Mas
sachusetts, Connecticut, N. Carolina and S.
Carolina, have made such cessions. Ohio, In
diana, Illinois, Tennessee, Alabama and Mis-
sissij pi, are exercising the powers of govern
merit in consequence of such conveyances.
Although the whole extent of this country
was in the possession of the Indian tribes when
the first settlement was made by the Colonists,
and most of it has been ceded by the Indians
in the term of treaties to the Colonists, or the
Slates, yet not one foot of land is believed to
be held by the force of an Indian title—Each
State in the Union, a^hd every Colonial Gov
ernment, claims to be the pioprielor of all the
of white men residing among the Cherokee';,
within the limits of the State, are estimated a;
two hundred and fifty exclusive of Missions
ries, traders and pedlers. About one hundred
arc living with Indian wQmen: fitly have per
mits from the Cherokee Chiefs, and one hun
dred from the Cherokee Agent. Out ot the
numbe’r of fiftv-iour, w hose names, places ot
residence, and property, are described in a
letter from the Agent, twenty four are posses
sed of negro slaves.
The law extendingthe jurisdiction ol the
State over the Indians, contains no provision
prohibiting w hite persons from entering upon
their lands. The Indians will be exposed to
continual vexation and disturbance, unless
their rights arc so secured as to enable them
to obtain certain redress for their violat on.—
Hitherto intruders have been kept eff their
to the contract of 1802, for the extmgnisb*
ruenl of the Indian title to its lands. But to
exercise its own powers for the management
oi its own internal concerns.
One of the means used by the General Go
vernment to execute the contract of 1802..
has liecu by paying individual CherCkees the
full value (dr their improvements and posses-
j ions upon their emigration. These improve
ments and possessions when thus pant fur be
come the property of the State. Upon appli
cation to the War Department. I have receiv
ed a schedule of the names of the emigrants
from this State, with an account of the im
provements left by them, and their value, co
pies of which are laid before you. It is im
portant that these improvements should he
placed in the possession of citizens of this.
State as early as possible, not only for the pur
pose ot preserving them for fuiure disposition,
lands by (lie force of the General Government. . _ .
However justifiable the exertion of this power hut as the means of more reunify enforcing tie
may have been formerly, it cannot he continu- Laws upon the Cherokees. As it is probable
d any longer, consistently with the right of
jurisdiction which has been assumed by the
State. It becomes therefore an imperative
duty to afford to the Churokees by your en*
actmenU, the same protection, from intrusion
which they formerly received from the United
States.
It is also due to our Indian people that that
provision in the law.of 1829, should be repeal
ed. which prevents Indians, and the aeseen-
that the President will find that the appropria
tion made at the last session of Congress for
the removal of the Indians, may be mure suc
cessfully expended to effect that obj. ct, by
operating upon individuals families, and
towns, than upon the whole tribe through
their Chiefs, it will therefore be proper that
you should prescribe some general regulations,
by which the places left by the • grants may
be immediately occupied by citizens of toe
ses, in the Courts of the State, in coses where
a white man L a parly. The present law ex
poses them to great oppression, while its re
peal would most probably injure no one At
tempts have been made to strip them of their
property by forgr-d contracts, because of the
impossibility ot defending their rights by the
testimony of those who alone can know them,
lauds within its limits. The courts recognize • And although the moral f clings of our frontier
no title unless it he derived from the State,! community have been too coriect to permit
Colonial, or British Governments. Such is (such infamous proceedings to ( ffoct their ends,
also H o doctrine of the Supremo Court. The j yet the character of our legislation for justice.
Indian tribes, have no where been considered I requires that the rights of these departments
dants of Indians from being competent witnes- ^ |*‘ e - Many of the houses which have been
no appropriation ot money had been made by
law, by winch 1 could have armed, equipped,
and supported, lor a single day, a suincient ho
dv of militia to have effected ltie desired ob
ject Perhaps the public interest would have
oeen advanced, if ihe Legislature had been
called together, as soon as it was discovered
that the Executive power was insufficient io
protect the public property. One advantage,
however, we have the right to expect trom the
course which has been pursued. Ail persons
pvorv where muff he now convinced of the
i.cce'ssUv which impels the State to exercise
jurisdiction over its Indian territory, not only
for the protcciion of ihe property of the Stale
but the riirh’s ol the Indians and that the
Cherokee Government, if it had been permit-
ed toc*iff, would have been wholly incoirqx—
toBl. under present circumstances, to discharge
any of the duiies for which Governments are
organ‘Zed.
Your attention is requested to be given, as
early as possible, to the passage of such law,
as you u-ny suppose most effectual, for the re
moval of the persons at present upon the.pub
he lands scorching fur gold, as well as to pre-
\ ent any future entries thereon for that pur
pose. Such is the tempting nature of lb»s
employment, that highly penal enactments will
be necessary.to effect this cd j> ct. Very few
would engage in it, if it expos* d th*'in locon-
th-.uent for years in the Penitentiary. As the
vil to b»: prevented is of great niagnt ude,
and requires an mynedia'c remedy, it will be
exptdu nt that the provisions ol whatever tart
you may pass, should ho few arm of obvious
necessity, and op ralive ns soon as possible.
No doubt is ent< itaired of the submission of
thecifzens of ties 8ute, to the requirements
of :;ny law which may h passed, hut as-
a gri iit number of the intruders have been
from other States, and said to have been of
lawless character, ami to have evinced* the dis
position Io sc! at defiance the power of the
State, it may he necessary to authorize Hie
use of the mil tin for its enforcement. The
great value of ihe geid mines, renders it prop
t:r, that you should no( only provide some oili
er means for securing them from trespass, hut
also to render them profit able to the State.
They am found throughout the territory occu
pied by the Cherokees, hut, of the greatest
value in the section between the Cliestatee
their .uulioriiy . ( and ‘t&ch would probably Lave and Etowah rivers. That part of the doun
.cn the case, had not a large number ol the
persons engaged in searching for gold bsen
Irom other States. ] heir refusal prevented
Ihe obedience of the people „f this State.
Before information was received of the pas
sage of the Indian hill, the United States’
troops had, in the enforcement of the non-in
tercourse law, removed all persons, whether
from this or other States, as intruders upon the
Indian land"- Ahhongh the most confident
opinion was enterlairmd. that t he United States’
droops had no such authority, its exercise was
eo beneficial for the time, that no opposition
JJ as ,r,a de to ii. The correspondence with the
President and War Department, will explain
more tuify the opinion and policy of the Ex
ecu*iv«? upon this sibject.
fbe calling the Legislature together.at an
ffltwisual time, is so inconvenient to the mem
hers, and so expensive to the people, that th*
<if floin K *° Wi » 9 relinquished, from flu
(he ief that it might not he pccessary. On tie
grid of June the laws of the State were dr-
[oored i:r force over the Chernkee country by
try is so hn ken and inaccessible, so near the
boundary of Hie State, and the means of en
forcing the laws so difficult f*> he commanded,
that neither of those objects can .>e properly
effected, without taking possession of (he
mines To do this in such manner as to have
them wrought profitably and safety to the
State, and at the same time to guard the In
dian right of occupancy from -violation, it may
he necessary to obtain bn accurate suivev ol
the whole country. By doing this; those tracts
which contain gold mav he ascertaiuco^ and
leases made with more certainty of confining
the tenants of such within their hounds, and ed
•listinguishing between the rights granted to
the tenants of those tracts which may he oc
cupied by Indians, and those without (bat in-
cumbratice. This measure may also be ne
ecssarv to enable the Sintfi to ascertain with
certainty, the number of the Indians within
t" limits, the extent of their improvements
he quantity of their unoccupied lands, Hit
daces w hich had been occupied by emigrants,
the residence of white persoes, and ,distinguish
es forming such communities as could he re
cognized as Governments,ami having the pow
er to act nationally. The principal objection,
which lias been made to the exercise of the
light of soil and jurisdiction by the State over
ihe Cherokees, has been drawn from the phra-
eclogv of the treaties between (hat tribe and
:he Umtad States. If such treaties were t<>
be considered as compacts between indepen
dent nations, as has been asserted, they would
be void, so far as they pretended to limit the
sovereign rights of the State But treaties
have been made with the Indian tribes, at ail
times, since the firff settlement of this coun
try, without having been considered such in
struments as conveyed political power or rights.
They have been the expedients by which ig
norant, futractahle and sayag people, have
been induced, without bloodshed, to yield up
what civilized Governments had the right to
possess, by virtnre of that command of the
Creator delivered to man upon his formation—
"he fruitful, multiply, and replenish the earth,
and subdue it.” So far, therefore, as the U
mted Stales, our sister Stales, and foreign
Governments are concerned, the rights of ju
risdiction and soil are perfect, as exercised by
the State over the Cherokees, and the lands
occupied .by them. These rigbis have, how
ever, their correspondent duties.—If you sub
ject (he Indians to our laws, they have a rigid
j to our protection. If* the exigencies of the
i Stale require that the gold mines in the coun
j try occupied by them, should he taken posses-
f sion of such exercise of power should not be
extended further iban the public interest re
quires The desire of acquiring laud for indi*
vidua! profit, ought not to he the operative
motive in directing the policy of tlie Stare.
It is also due to our own character that wo
"hotild have a jealous care, les. we press the
necessity of taking possession of the mineral
in the Indian lands beyond what the public in
tcrest, the preservation and use of the public
properlV, and the enforcement ot our laws,
may require Even the measure of survey
ing the Cherokee territory, however necessa
ry for the proper administration of the laws,
securing the public properly from trespass, and
protecting Indians, is on account of the sen
-dive feelings of the humane, excited as they
have been, by the interested and improper
statements of political partizans upon the sub
jeet of our policy towards the Cherokees, so
iiable to misconstruction, that it would he mag
nanimously forbearing. in the Legislature, per
baps wise, to delay the adoption of that mea
sure for Hie present.
In removing intruders', it will he expedient
to consider all white persons such, without re
gard to their leng’li of residence or the per-
m^sion of Hie Indians. The citizens of this
and other States, who have either taken re
fuge in the fadian country, to escape from the
ounisiiment due to their'crimes, or connected
themselves ivith their society from uofitne*
to live in civilized communities, have not
thereby acquired any claim upon the State to
peculiar privileges. Much of the opposition
of the Cherokees, to the extension of the law s
of Hu* S'ate over them, and to the offers made
by the United Slates, to induce their re-union
with that part of Hie tribe who have removed
to the YVeff of the Mississippi, ha9 proceeded
from the influence of these persons. At the
same time that wc acknowledge that it would
be unjust to compel the Indians to leave the
country which they havealways occupied yet
bcle ving that their removal to the West
would he advantageous both to them-elves
and the people of the Stale, it is proper that
vou should take away any extrinsic causes
which prevent their voluntary action upon this
subject. It may however he just as well as
expedient to exempt individuals of good char
acter, from the operation of such a general re
<rillation, upon their taking the oath tosnppon
the constitution afld laws of the State, or giv
irig other security that they will discharge tin
duties of citizens of the State. The uuynbei
people should not he exposed to such danger
Our Judges are qualified to determine upon
the compentency of witnesses, and our Juries
to weigh their credibility.
That part of the law of 1829 which disan
nulled all the laws and ordinances of the Che
rokee Government, lias been entirely disre
garded by the Indians. The Chiefs have con-
finned to meet together as a Legislative body
have passed law s, and carried on ell the ope
rations of Government in the same manner as
it they really were the representatives of an in
dependent nation I have had no authority to
prevent such conduct, because the law which
repealed all their ordinances ?-od punished their
chiefs for any act done for the purpose of pre
venting emigration, attached no penalty l’or
any other exercise of power. Although am
bition is not more censurable, when exhibited
hv ;> n Indian than a white man, and the situa
fion oi (tie Cherokee tribe rendered it hut nat
ural that a strong offurt should be made, hv
(hose who had by their wealth and intelligence
obtained the absolute' control over it to re
tain their-power, yet it is not therefore the less
proper that the Slate should compel them, by
the use of the necessary authority, to demist
from their pretensions They have had suffi
oent notice to do so. Farther delay would
hut encourage disobedience. Instead of ma*
king their Legislative, Judicial, or other pre
tended acts of Government treasonable, the
milder punishment of the Penitentiary will
probably he an ample guard against any fu
ture ambiti us purposes
The passage of the Indian hill by Congress,
created a strong hope that through the mean-
which was thereby placed at the disposal of
Hie President, the State would he relieved
from the embarrassing difficulties which have
so long harrassed it, arising out of its relations
with Hie Cherokees; As yet our expectations
have been disappointed. Ti.o Indians have
refused to listen to any terms off.-;red by the
President lor their removal, or even to meet
him at his request tor the purpose ofconsulta
tion. They have addressed a memorial to the
people of the United States complaining of the
oppression of Georgia, and Hie faithlessness of
the administration of the Gem ral Government
They have, been persuaded, that the Ch* ro-
koe tribe is a» independent foreign nation, and
that Ihe Supreme Court will sustain it in assu
ming sover ign powers, and the State of Geor
gia be restrained f;om erforcing its Laws up
on them. I have received - a formal notice, a
copy of which it is understood has been serv
ed upon the President of the Uuitod Sta'es. ot’
the intended application to the Supreme Court
for this purpose. The correspondence of the
Executive Department upon this subject is
submitted to von. Whatever difference , of
opinion thef * may exist among good men, as
to the policy ol removing the Indians, all must
agree in condemning this effort to enlist the
Supreme Court in the violent party question
which now agitates the whole Union. The
Slate Bever can become a party before anv
Court for the determination of the question,
whether it has the right of subjecting the peo
ple who reside within its acknowledged limits
to the operation of its law’s.
Although the* first efforts of the President to
extinguish the Indian title have not proved
successful, yet the promptness wifh w hich they
have been made, and the unreserved manner
:n which our rights have been acknowledged,
require of the State the fullest confidence in
the present administration upon this subject —
It may be expected that the contract of 1802
wdl now he honestly executed, if tbe neglect
of former administrations, and the opposition
fo this, have not rendered it impossible.-—
Both, policy on our part, and respect for the
Government, demand that we sltould wait pa
i« ntly. without acting, the result of the exer
(ions of tbe President in using the means pro
vided by Congress for that purpose. If un-
ortunatefy for us, he,should fail entirely, i
will be proper for the State to look no lon^ei
left by the emigrants have beeo takeu posses
sion of by other Indians. Authority ought to
be given to remove such occupants in a sum
mary way. Others were destroyed by order
of the principal Cherokee Chief, Johu Roas,
under circumstances of the most savage cru
elty to our people, who were in possession —
The jurisdiction of the State had not at that
tune Imm extended over the Cherokees —
The copy of my letter to ihe YVar Department
upon this subject accompanies this Message.
The decision of the President, upon the
right claimed by the State to the immediate
possession of a considerable tract of country,
now in the occupancy of the Cherokees, but
which was formerly owned by the Cr eks, has
boon less favorable than we might have anti
cipated, from the clearness of ihe testimony
which was submitted to him. The Secretary
ot War, in a letter upon this subject, states,,
that Hie Commissioner appointed by the Pre-
- id ent »o examine into the facts, in relation to
♦hat claim, had reported in favor of a line be
ginning at the Shallow Ford, on the Chatta-
hochee, and running South YVestwardly, along
(he ridge as represented in a Map which he
had transmitted to the Executive Department,
and that the President had confirmed the re
port ami ordered the Cherokees to be remov
ed trom the land so assigned to the State.—
This Tap accompanies the other papers sub
mitted to you upon this subject. The report
ol G< n Coffee alluded to in the Utter from
the Sec re; ary of War, waff not received until
a short nme since, and then without being ac
companied by Ihe decision of the President.
B’pou examining the report, if was ascertained
that General Coffee h ad never seen any part of
the testimony which was taken by order of the
luff Legislature. A letter was immediately
idiressed to the President, through the then
acting Secretary ol War, requesting a re-ex-
■‘iiiMiiiition oi General ffee’s report, and the
evidence which was transmitted to him, Irom
this Department.
The tract of land from which the Cherokees
have been removed, by order of the President,
is supposed to contain 484,646 acres, and is
now Mifij- ct to be disposed of m such manner
as you may think expedient. Ti.e great ob
ject to be (fif clod by the State, in the appro
priation of its lands, is the iocri ase of its po«
eolation, and the excitement of its people to
induffrv, and the accumulation of wealth.—
The lottery system which has been hitherto
adopted, is believed to have been better c 1-
culuted to attain these ends than the disposi
tion bv public sale. In an unimproved coun
try, where capital is scarce, interest high, and
every trade and employment demand labor
and wealth, ihe surplus money in the po?"es,-
sicnofthe people, can he expended more use-
rul.y by them, in improving the lands and oth
erwise adding Id the riches of the country,
than if drawn from them to he placed in the
public Treasury. It has always been found
niore difficult to restrain improper expendi
tures arising from a full Treasury, tbau to ob
tain through the powers which belong to the
Government, the means which may be really
required for public purposes. It is reported
that there are valuable gold mines in the lands
to he disposed of The public inlerest re
quires that the lots ofland, which contain gold
should be exempted from distribution by lot
tery. The spirit of speculation which the dis
position of the lands by lottery is ealculafi d to
excite, has always been the greatest objec-
tfon to that system. The knowledge that the
lands contained valuable mines of Gold, would
increase that spirit to the most injurious ex
tent. The community would become highly
excited, by the hope of acquiring great wealth,
without labor. The morals of the country
would be in danger of corruption, from the
temptation which would be held out by law,
t o t he commission of innumerable frauds. Re
gular industry and economy would fora time
be suspended by restless idleness, and imagin
ary, as well as real, and unnecessary expendi*
♦ur.s. In most instances, even the success
ful owners of the rich prizes would not- be re--
ally benefited. Prodigality is the usual revolt
of riches, suddenly and easily obtained. M ines
are like the accumulation of the people’s mo
ney m the public Treasury The Gxiveroment
should manage them for genera! and not for
individual advantage. If they should prove-
’♦xceedingly profitable, the State wopldthqre-
by he enabled to relieve the people from tax.-
at ion, improve all the roads, render its riverr
navigable, and extend the ndvacttYgcs ef edu
cation to every class of society.