Below is the OCR text representation for this newspapers page.

Vw-% fcOVtW • i OBOAOIA UOXSXJkTTOS. The Committee on (he State of ihe Republic, to whom was refer- cd so much of the Governor’s Message as relates .to the Cherokee government, The propriety of effecting an entire abolition of the exercise of go vernmental powers by (be Cherokee Indians, your committee consid er as settled—The State by an act of her Legislature has extended her laws both civil and criminal over the territory and persons ol said nation indiscriminately, and thereby virtually abolished all govern ment over such territory, save her own—And any further legislation, having for its object the prevention of the exercise of sovereign pow er by ihe Indians, would have been rendered by such act unnecessa ry, had aoy or sufficient pains and penalties been annexed to the en forcement of Indian laws or regulations. Those who claim the right of tnanagiog the affairs of the Indians, having availed themselves of such omission on the part of the Legislature, and continued to as semble in council from time to time, for the purpose of making new laws and enforcing them and others already adopted, on said tribe, have rendered it necessary, in the opinion of your committee, to enact such laws as wilt prevent in future the exercise of such assumed pow ers. The government of Georgia, or the Cherokee Nation, alone has the undoubted right of jurisdiction over the territory and persons ot said nation, within the chartered limits of Georgia. Both cannot pos sess it—and if such a coequal right could exist the exercise ot such fight by both powers, would be cruelty in the extreme to the Indians. What would be required by the one authority, might be rendered highly penal by the other. The same act heing declared criminal by both, would inflict some punishments twice for the same offence—A state of things not to be desired by any civilized community Such, however, is now the situation of the Cherokee Indians; they live ex served, that it is the true interest of the producer of the mqr mate rial, by every means to shorten the distance, and consequently lessen the expense of transportation to a market. This remark attaches now with double, force, since our produce has been reduced to its minimum price. It is also now clearly understood and acknowledg ed, that a conveyance by water, of every thing, but more especially bulky raw materials, in a very great d gree diminishes the disburse ments. By the light of these obvious truths, the committee pro ceed to another, equally important enquiry, and that is, whether the city and port of Darien, at the foot of the Altamaba, does really possess such advantages as are required for a commercial city T— Facta are stubborn things: let them speak for themselves. The city of Darien stands on a high; dry, and commanding bluff, on the North side of the river, and about 12 miles distant from the ocean, with a good, navigable river leading from one to the other. Doboy bar, the inlet from tho sea, has on if at low water 11 feet, and at Spring tides ore r18 feet, and vessels drawing fO feet water have gone safe over it Here it is worthy of remark, that this bar is equal in point of depth of water, t£> either Charleston or New Orleans, both of which are con siderable commercial cities. Haviag thus established the capacity of Darien as a commercial depot, it must become the duty of the committee to.state. as a demonstrable truth, that a very large por tion of the State appears, geographically connected with Darien— On a reference, again to the map, we discover that there are thirty- seven counties, many immediately on, or contiguous to these three rivers, or from interest and particular circumstances, connected with the future prosperity of Darien, when flourishing as a sea port, and consequ ntly in point of territorial affinity, she has strong and pow erful claims on the patronage of the Legislature. Further, to do hut justice and strengthen these claims, additional facts present ■ them selves which shall be barely stated, and every one left to draw his own inference. The last season between 60 and 70.000 bags of cotton descended those three rivers, and passed by Darien, coast- ! w;se, to other port?—while on th‘; other hand a vast quantity of posed to the penalties and requisitions of two codes eminating Iron' :Forti rclimdiieasc ndedtbe river, from DarU„. for the supply of sources different in their origin, different in their principles, and dih , ^ ^ >vl „ cb lhe blltkv U,cl„ ot sa «, ma ,]e one ilea Sweat in their exactions. In determining which power should yield jfor |||e oxclasira s “ p , of immcnse back cou ,„ rT . Milledge The following Resolutions were offered by Mr. Murray, on the 28tb Oct. in the House of Representatives: Whereas, the political crisis in par State, as well as national afftirs.has arrived when a de terminate and unreserved expression of the sentiments of the people, may correct errone ous impressions in our State, and remove eve ry delusion of either self interested politi cians, or visionary men at home, as to the pre vailing feelings of the citizens of Georgia. And Whereas the recent events in an ad joining State, and the expression of opinions in our own, bespeak unfavorable indications, to the continuance of the peace, tranquility and happiness of our beloved country, which manifestations of feeling are too particularly notorious to be susceptible of misconstruc tion. In such impolitic as well as dangerous displays of political excitement, every good citizen is bound by those inestimable patri otic ties of feeling, to rally round our Nation* al Government, which has heretofore reflected such a' lustre* over our political, moral and civil associations as to elicit the admiration of the World. And whereas at this momentous period, the people of Georgia by their Representatives, now assembled, unhesitatingly avow a firm To establish two additional election dis tricts ui the county of Jasper RESOLUTIONS. By Mr. Wood—To enquire info the best manner of improving the River Altamaha and its tributary streams for the purposes of Inter nal Navigation. Mr Echols—To require the directors of the Central Bank to lay before the Senate it full statement of afl loans made On Bonds, Notes, or Drafts; the name of the maker of each note, bond, or draft; the persons by whom they are endorsed, and the county for which each loan has been made. BILLS PASSED. To separate and divorce Warren Andrew^ and Nancy Andrews his wife. ... To extend the time for fortunate drawers in the land lotteries of 1818 1819, and 182L to -take out their grants, and to reduce the fees On the same. BILLS REPORTED, To repeal all acts of the General Assembly, establishing and regulating election districts in the several counties of this State. <R To compel all county officers holding public monies, to keep a book of record of the re ceipts and disbursements of the same. Also a Bill, to extend to the City and Port of adherance to the principles expressed in the D irien, all the health and quarantine regula in this content for jnrisd.ct.on, your committee bnve hiid no d fficnlty „ 8nd «l he,-contiguous places, derived great advantage nor can they perce,ve wnat violence can be done to the fee hugs of U t|)j8 „ atl , rconv c ' The disbursement on The extra transit bumanity. when they recommend the abolition of a severe audit ran l f cotton atone, costs the planters of the up co.intrv, upward, of ical code, and propose to substitute in i s place a humane and rep, b j 000 _, nd merchandize brought to Darien from other ports, itcan gore,ament. For the purpose therefore of mere eff c’ually, * f . „ ie , here " n . „ | itt | e sbort of from between preventing the exercise ol power by the head meu and cuiefe ot said : . . _ L _’ j __ nation they recommend the following bill i 25 (o $30 000, making an actual charge against the producer, as well ns consumer, of from 60 to $65 000 To this amount must be added the disbursement on a large volume of produce, consisting of , Rice, Sea I-I.ind Cotton and Sugar, grown in the vicinity of Darien To be entitled an Act, to prevent the exercise of qssumed and ar- an d to it,,, Southward of it, which in sending it in search of purchase A BILL bitrary power by all persons under pretext of authority from the Cherokee Indians and their Laws. Sec 1st. Be it enacted by the Senate ond House, of Representatives of the State of Georgia in General Assembly met, and it is hereby cn acted by the authority of the same, That, after the fitst day of Fehrun ry, eighteen hundred and thirty-one, it shall not be lawful for any person, or persons, under colour or pretence, of authority from said Cherokee tribe, or as head men, chiefs, or warriors of said tribe, to cause or procure by any means the assembling of any council oroth er pretended Legislative “body of the said Indians, or others living a tnoog them, for the purpose of legislating, or for any other purpose whatever. And persons offending against the provisions of this sec tion, shall be guilty of a h gh misdemeanor, and subject to indictment therefor, and on conviction, shall be punished by confinement at bard Zobor in the Penitentiary for the space of four years. Sec. 2d. And be it jurther enacted by the authority aforesaid'that,— after the time aforesaid, It shall not be lawful for any person or persons tiuder pretext of authority from the Cherokee tribe, or as represen tatives, chiefs, headmen, or warriors oT said tribe, to meet, or assem ble as a council, assembly, convention, or in any other capacity, for Ihe purpose of making laws, orders, or regulations for said tribe — And all persons offending against the provisions of this section, shall be guilty of a high misdemeanor and subject to an indictment, and on conviction thereof, shall undergo an imprisqnment in the Penitentia ry at hard labor for the space of four years Sec. 3d And be it further enacted by the authority aforesaid, That, after the time aforesaid, it shall not be lawful for any person or per Rons, under colour, or by authority, of the Cherokee tribe, or any of i.s laws or regulations, to hold any court or tribunal whatever, for the purpose of hearing and determining causes, either civil or criminal; Or to give any judgment in such causes, or to issue, or cause to issue any process, against the persons or property of any of-said tribe.— And all persons offending against the provisions of this section, shall be guilty of a high misdemeanor, and subject to indictment, and on Conviction thereof shall be imprisoned in the P- nitentiary at hard la bor for the space of four years Sec. 4th. And be it further enacted by the^authority aforesaid, That. After the time aforesaid, it shall not be lawful for any person or per sons, asa ministerial officer, or in any other capacity, to execute any precept, commt.nd, or process, issued by any Court or Tribunal in the Cherokee tribe, on the persons or property of any of said tribe. And all persons offending against the provisions of this section, shall be guilty of a trespass and subject to indicimeut, and on conviction there of, shall be punished by fine and imprisonment in the Jail or in tbe Penitentiary not longer than four years, at the discretion of the Court. Sec 6th. And be it further enacted by the authority aforesaid. That, after the time aforesaid, it shall not be lawful for any person, or per sons to confi-cate, or attempt to confiscate; or otherwise to cause a forfeiture of the property or estate of any .Indian of said tribe in con- sequence of his enrolling hitnv»1t and family for emtgation, or offering to enroll for emigration, or any other act of said Indian iri furtherance of his intention ta emigrate—And persons offending against the pro visions of thi9 section, shall be guiltv of high misdemeanor, and on Conviction, shall undergo an imprisonment in the Penitentiary , at hard labor for the space of four years. Sec. 6th. And be it further enacted by the authority aforesaid, That Hone of the provisions of this act, shall be so construed as to prevent, said tribe, its head men, chiefs, 6; other representatives from meeting any agent or commissioner on the part of this State or the United States, for any purpose whatsoever REioRT On the best mode of improving the Altamaba and its tributary streams &c. Resolved That a Committee be appointed to enquire into the best mode of improving the River Altamaha, and its tributary sir; ants, for the purposes of internal navigation—and also to enquire into such Other matter, as maybe connected with that particular interest. MR WOOD’S REPORT. The committee have had the above resolution under consideration, ond feel it due to the importance of the subject, to give it a liberal examination, and to present the facts and arguments connected with it, so as to enable every impartial mind to decide for itself. On inspection of the map of the State, it appears that the river Altama. ha runs nearly through the center, and is decidedly the iargest river in it ; and with its tribntary streams, waters an extensive and fer tile country. On the Oconee, its north branch, Milledgeville, the seat of the State Government, is situated ; and on the banks of the Oakmulgee stands ihe rising and flourishing town of Macon. That steam boats of considerable size, have navigated to both these places. That in the vicinity of these three rivers, there is to be found im mense quantities of the finest pitch pine and cypress lumber, which at present is of little value ; but changes its ch'tr.icier the moment a commercial depot arises at the foot of the parent stream more es pecially now the perts of the British West Indies are opened, which require large supplies of pine lumber, stock and breadstuff*—That on actual examination and the nature of things, it is evident that the above named rivers, are the true, most efficient, and cheapest channels, through which nearly one half of the produce of this State must find its way to the Ocean. Your committee cannot for bear making a few general remarks, whilq on this branch of tbe sub ject: They believe it will be found very clear to all who will reflect, that it is not the buyer that pays the, expense of transporting the raw material to market, but the grower of it : this is done by the former deducting from the price which he gives the latter, the amount re quired to cow a# the expences, until it arrives at the place of it - destination ; for if the consumer of the raw material lived along-• tide of the producer, then the buyer could afford to add '.ho amour: of these expenses 4o4he pnqe given. Again, it may be justly oh for 5 to 25 per cent is paid—so there is no doubt but that the Agri cullurist of lhe large section of country herein named, with the con sumers, are laid under a contribution of from 90 to $100,000 for want of a seaport and trade at the foot of the river Altamaha. One inst ance only di'all lx? cued to show among others, the correct state ment of facts connected with this subject. The Messrs. Young’s the last winter, loaded two ships at Darien—one carried 1000 and tlys other 1500 bags of cotton ; they both went over Doboy mint and arrived sale at Liverpool. Now where two vessels of the size of those could load nnd navigate, others may also do the same. From the preceding view of this subject it may fairly be inferred that once the locality of Darien are known and appreciated, it must become the mart for the trade of the up country and the place from whence all the cotton and other products from the interior will be exported, as well as the S I. cotton, rice, sugar, lumber, stock anc! bread stuffs, of the adjacent lands; under the impression of the truths here delineated, your committee beg leave to recommend the following r solutions Be it resolved by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is’ resolved by the authority of the same, That the importance of tbe river Altamaha, as a means of transporting the products of a very large tract of country, amounting to nearly half the State, to a market, and furnish ins foreign supplies, demand tbe special attention of the Legislature. Be it further resolved by the authority aforesaid. That it appears that the city of D «rien. at the foot of the river Altamaha possesses from nature, ample facilities for a Commercial city, and one which it is the interest of the Slate to patronize. The following Preamble and Resolutions were offered by Mr. Wood ot McIntosh, in the Senate on the 29th ultimo. Whereas the period has arrived, when an open and frank expres sion of the sentiments of the people, may correct erroneous impres- ion? abroad, and remove the delusions of either corrupt, or vision ary men at home, as to the strong and predominant feelings of the citizens of Georgia. And Whereas recent events in an a joining State, and the expres sion of opinions in our own, go far to threaten the peace and happi ness of our h loved country—which -mt ntionis too distinctly mark ed to be mistaken In Mich an emergency every good citizen is hound to rally round our Natioo il G 'Vornment, which has heretofore hed such a lu-dure over our political, moral, and civil associations, as to attract the admiration of the world. At such a momentous period then, th • people of Georgia do not hesitate to avow, through the present Legislature, a firm adherence to the principles expressed in the followiiq Resolutions: First Be it theref re resolve^ in the Senate and House of Repre sentatives of the State of Georgia in General Assembly met audit is solemnly resolved by the same, That the present Federal Ccnstitu ion is the acknowledged bond of union between these U. States.— With a view therefore, to male it forever permanent, and to avoid all causes of dissent ion and complaint; it is essential, that the Na tional Government, in the exercise of its functions, should strictly adhere to a literal construct on of that instrument, and carefully avoid tbe assumption of any power not clearly given. f Second Be it Resolved That though C egress may legitimate- raise a revenue lor the support of Government; ye in doing so, just and prudent discretion ought to be exercised, constantly keep ing in view, a fair and just equalization of the burthens imposed, mongst the several States. We find however that this principle has been disregarded in the existing Tariff of 1828. This law, un just in its conception, has also-been partial lO-its operation, and its baneful presume is still continued on the vital interests ofthe South Hitherto the people ol this State with their accustomed patriotism have yielded obedience to it; but tbe time has at last arrived, when in the spirit of equity and moderation, their interests should be re garded and their wishes respected-.-They therefore now in the most emphatic terms d< mand its modification and better adaptation to the interest of Ihe whole Third. Beit Resolved, That Georgia, in common with the South ern States,-is fully sensible ofthe importance of an early and final extinguishment ol the national debt; because when that period ar rives, the call lor revenue will only be in proportion to the imme diate wants ot the Government. Thus a prolific source of discord will be removed, and the blessings of harmony and good will again pervad; the whole. The present Legislature view this result with profound solicit jde, and beg leave to press its accomplishment on the present National Administration. Fourth. Be it Resolved, That as there are conflicting opinions, as well as an avowed hostility of the people against the assumption by Congress, to apply the national resources to the purposess mis called “Internal Improvement”—This Legislature, cannot forbeat expressing their pointed disapprobation of any such appropriations^ until the Constitution of the United Slates is so amended, as more explicitly to give the power claimed. Fifth. Be it Resolved, That the people of-Georgia, view with deep and increasing solicitude, the frequent and open expression of opinions, unfriendly to the continuance of our present happy Union; and they cannot now refrain from declaring it. as their firm and solemn belief, that the preservation ofthe present Genera! Government, as based on the “Federal Constitution,'* is the rock on which our future safety rests, and that on the continuance of this confederation, not only depends tho present, but future existence, and happiness of these United States. Nor can this principle be too highly cherished amongstmur citizens. It is firmly believed that dis-union will bring in its train, discord, misery, and civil war: and finally, that the peo ple oi this State, will deem those unworthy ofibejir' confidence and heir worst enemies, who seek to sow'-among ihem the seeds of dis- j following resolutions. Be it resolved by the Senate and House of Representatives of the State of Georgia in Genev al Assembly met, and it is hereby sglemnly re solved by the same, That the present Federal Constitution is tbe bond of Uaion between these U. States. With a view therefore toa- void all cause of dissention and complaint, it is essential that the National Government in the exercise of its powers, should, without de viation adhere to a correct literal construction of that instrument and carefully-avoid the a-, sarpation of any right not expressly surren dered. Resolved, That though the Congress of the U States may legitimately raise a revenue for the support of government, yet in so doing, a just & prudent discretion ought to be exercis ed, constantly keeping in view a fair and just equalization of the burthens imposed, amongst the several States. Yet I Lis principle has been greatly disregarded and experience proves it in the existing Tariff of 1828. That law manifestly unjust in its conception, has also been partial in its operation; and still contin ues its baneful pressure on the most vital in terest of the S uth, while (be people of this State, with (heir accustomed patriotism, have yielded obedience to it; but they now urge in the most emphatic terms, its modification, and better adaptation to tbe interests of the whole Resolved, That Georgia, in common with the Southern States, is fully convinced of the im portance of an early and successful extinguish ment ofthe national debt, as then the demand for revenue should only be proportionate to tbe immediate wants of the Government, and thus a painful and a prolific source of discord will be removed and the blessings of reconcili ation and harmony again pervade the States in general. Resolved, That as there are conflicting opin ions, as well as an avowed hostility of the peo ple, against the assumption by Congress to apply the national -resources to the purposes miscalled “ Interna) Improvement,” therefore this Legislature cannot forbear expressing their positive disapprobation of any such ap propriations, until the Constitution of the U* nited States is so'amended as expressly to surrender the guaranty of the power, now claimed, Resolved, That the people of Georgia, con template with deep and ardent regret, the fre quent and open expressions of opinions, un friendly to the perpetuation of our present hap py Union; they nevertheless cannot now re frain from declaring it as their firm and solemn belief, that the preservation of the present General Government as based on the Federal Constitution, is the rock on which our future safety depends, and that on the annihilation ol political sentiments, other than those, pa triotically friendly to the continuance of this government, not only depends the present, but future existence and happiness of the peo ple of these United States. That a wise and prudent discrimination between feelings tend in 4 in their consequences to union or'disunion, cannot be too closely cherished, and apprecia ted, as the sole hope and safety ol this Repub lic. That disunion, it is firmly believed will bring in its train, discord, mise/y and civil war, and finally that the people of thitf State deem hose as their worst and bitterest enemies, who seek to sow the seeds of disunion, and intro duce the wretched doctrines of Nullification amongst them. » Resolved, That the people of'Georgia; by their Representatives now in session, view with deep and increasing solicitude, the re- election of Andrew Jackson to the Presidency of the United States, avowing an open and frank devotedness of feeling to his construc tion of the Federal Constitution, as regards internal improvement, and of bis administra tion generally. umon,and introduce the baneful doctrines ot notification. IN SENATE, Monday, October 25. Mr. King, on the part of the majority, offer ed a replication to the protest entered on the Journal ot.Satorday last, by the minority in re lation to the McIntosh contested elections On motion of Mr. Nesbit, the documents relative to the McIntosh contested election were spread on the Journals Mr. Johnson—To compel Justices of the Peace of this State to give bond and security for the faithful performance of tbe duties of their office. Mr. Graham—To point out tbe duty of tax collectors iu the several counties of this State, and make their compensation therefor. Mr. Ector—To amend the act establishing the Central Bank. Committees were appointed to feport the following bills. To alter the time of holding the Superior and Inferior Courts in the Flint Circuit. To reduce the rate of interest upon mo ney To authorize the Justices of the Inferior Courts to erect tread chills in their respective counties for the employment of coovict slaves ) and persons of colour. tions now in force cn the city of Savannah. To amend an act to incorporate the Bruns? wick Canal Company and lor other purposes. The Senate adjourned. Tuesday, October 26. Committees were appointed to report the following bills: To compel Justices of the Peace of this Slate, to give bond and security for the faith ful performance of their doty. To point out the duty of Tax Collectors of this State, and make certain their cooijJensa- tion.. To amend the act establishing the Central Bank. * To establish an elect ion district in the coun ty of Bulloch. To compel the Clerk of the Superior Court of Irwin county, to.keep his office at or within three miles of said Court House. To alter and fix the raite of interest upon the use of monies. To enquire into the best mode of impror$ ipg the Altamaha and its tributary stream*. To lay off a new county from the coucties of Troup, Coweta and Carroll BILL REPORTED. Mr. Cobb, on leave, introduced a bill instan- ter, more effectually to repress the criminal practice of duelling. NOTICES FOR BILLS. Mr. Spann—To incorporate 8 the town of Fort Gaines in Early county. Mr. Temple—To lay out and organize a new county from the counties of Houston and Map rion. , Mr. Ector—-To make the officers of the Penitentiary elective by the Legislature. Mr. Cobb; To separate and divorce William B. Thomas and Elizabeth Thomas hi9 wife Mr Watson—To facilitate the collection of debts in the Superior and Inferior Courts of this State. BILLS PASSED. To separate and divorce John Long and Vancy Long bis wife. To compel the Clerk of the Superior Court of Emanuel county, -to keep his office at or within five miles of the Court House of said county. Tbe Senate adjourn’d till tomorrow morning, Wednesday, October 27. Committees were appointed to prepare the following bills: To incorporate the town pf Fort Gaines in Early conotv.... To lay out and organize a new county from the counties of Houston and Marion. To make tbe officers of the Penitentiary elective f by the Legislature. To facilitate the collection of debts in the Superior and Inferior Courts of this State. ■ A communication .was received from the Governor giving information of tbe destruction by fire gf the new College building. NOTICES FOR BILLS. Mr. Everett—To forma new county out of the county of Randolph, and organize the same. Mr. Johnson—To establish an additional elective district in the county of Henry. Mr. Hatcher—To amend the estray laws so far as respects the sale of Sheep, Goats, and Hogs. RESOLUTION. Mr. Stewart—To make a Sluice twenty feet wide to be forthwith opened through the lock. BILLS PASSED. *To incorporate the Baptist Convention of Georgia.’ To incorporate a Bank in the town of Co- lumtftis. BILL REJECTED. To separate anti divorce Sarah Freeman and Caven Freeman her husbapd. BILLS REPORTED. To establish election districts in the county of Jasper. . • To extend the time for fortunate drawer* in the land lotteries of 1818, 1819, and 182), to take out their Grants and to reduce the fees thcreou. Thursday, October 28. Committees were appoiuteddo prepare report the following bills: • * To form a new county out ofthe county of Randolph, and organize the same. To establish an additional electional district in the county of Henry. To alter and amend the estray laws, so far as respects the sale of sheep, goats and bogs. BILLS REPORTED. To divide the county of Lee. To separate and divorce William B. Thomas and Elizabeth his wife. To lay off the county of Emanuel into elec tion districts. . . j Petitions. Mr. Blair of Habersham, presented two me morials from sundry citizens of Twiggs couoty praying the Senate to reject ttje bill to repeal the act granting election districts to said coun ty- ^ ’ RESOLUTIONS. Mr. Bowen, to direct the committee on Agri culture and Internal Improvement to enquire into tbe expedtenoy of improving the naviga*