Newspaper Page Text
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JOHN G. POLHILtj EDITOR.
HILLEDGEVaL^ GEORGIA, SATURDAY, NOVEMBER 13, 1830.
VOLUME 1, SUMMER 10.
THB FfiDBRAI* UlflOW
Is publisher every al p uiLARS P 4 * a «-
luni. hi advance, or Focr if no! pawl before ihc end of the
reir.’ The Oifiee id on Waynt-Street, opposite Me-.
jombs' Tavern. •»
All Adyurtisamejits published at the usual rates.
Each Citation by liie Clerks of the Court- of Or
dinary that application has been made for Letters of Ad-
ministration, must be published Thirty data at I»:ast.
Nobce by Executors and Ailmiii*strntors ior Debtors
an-i Creditors to render in their uccounts mast be publish
ed Six wekss.
Sates of ii-sTroos by Executors and Administrators liuist
Vc advertised SixvT days before the day ot'salo.
Sales of personal properly (except negroes) of testate
and intestate estates by Executors and Administrators,
roust he advertised Fortt days.
Applications by Executors, Administrators and Guar
dian r to the court of ordinary lor leave to sell Land must
be published Focr months.
Appiientions bv Executors and Administrators for Let
ters Disiriissory. must be published Sr* months
Applications tor far* closure of Mortgages cn real Es
tate must be advertised once a Mouth (or Six months.
Sales of real estate by Executors, Administrators and
G iunlians must be published-Sixty days beibre tb* day
of sale. These sales must l> ! ’ mtule at the cour'-hoXisi
tijor bet veen the hours of 10 in the morning and four in
the afternoon. No sale from day to day is valid, unless
go expressed in the advertisement.
Orders of Courtof Ordinary, (acc inypaiiisd with a copy
Of uhe bond, or agiecmeu-) to make tides to Land, tausl
be advertised Three months at leush
Sherilf’s sales ua> - ■ executions regularly granted by
the courts, tnastbe advertised Thirty days.
Sheri tf's -.ales under rnot'g v. e exceptrons must bead,
verlis.d Sixty days I*: loro tiie day of sale.
Sheriff's s i!v- of peri-diablc. projwiTv under order"of
Court must be advertised ffelierally ’! En pat#
AM t*R"Jjks for AdvtrUscaiciUs will be punctually at
tended !:>.
%* All Loiters.directed to tiie office; or the Editor
must he. oust na>d to entitle them to attention.
- ■ .. — . . i ■ 'n.
I enclose herewith a copy of ft note just re-1 ' *• \ DEPARTMENT OF War; )
ocived from John Lowrey, informing tnc thn' J$f. June, IS.JO. J
he has come into the nation agreeably to ?b< Sir—I have deferred makiqg any formal comtminicatioti to
desire of the Honorable Secretary pf War. tu u on affairs, desirjpgjo see the final decision which
explain by lair arnumenis thi-viewii ot tti.^i jj given by Congress upon questions no interesting—
General Government tenon! llns nation, and Questions 8 which importantto the people of this cotinfry,
requesting me to “commuoicHte his intentions
to ihe proper authorities of the nation” and to
let him know what lime it will bn most con
venient for them to hear him. It is proper !
should stale for your information that Mr. Low-
rey has not as yet exhibited before me any ev
idence ofbis authority to speak in behalf of the
General Government' The subject is submit
ted for vour consideration.
Very respectfully, 1 am &c.
JNO. ROSS.
New Echota, 19th October, 1830.
Echota, 19th October, 1830
Sir—Bv n request of tbe.Honoruhle the Se
er, lary of War, dated Frankiv- 1st Sept. 1830
— I was desired to come into your Nation, and
i by fair Argument, explain to your people the
views of the government toward th m. I <fn
now hero lof lha! purpose, and hope you will
communicate uiv intentions to the proper au-
thoriiies of vojir nation, and let me know at
what t;me it will be most convenient for them
«o hear me.
Most respectfully vour ob’t serv’t.
JOHN LOW RE Y.
Mr. John Ross Principal Cniel, &c.
I ft
We are requested to say, that
To the Committee and Council.
1 submit herewith a paper containing certain
propositions from Mu. John Lowrey, special
Mr.* LHAtiLffis D. HAMMOND, | ageut of the United Stales, intended bv him
s " 1>arM, “ :ille lor *• fbe jur your-consideration.
Very respectfully yourob’t. serv’t.
JNO. ROSS.
is a canuuiiiie
OtTice i f Receiver of Ta-x Rytucr.s, for' tbe
Baldwin, ai lbe next eU otiorj.
Oct. ) 5.
Lounty- of
15
\
E *re nMttio.ised to announce KARA DELL P.
S'fUhBS, F-q. as a caajdtfljle for Tax Collector
for Baldivin county, at ti.c Election in January mxt.
October SO 1? '»
New Echota, 20th Oct. 1830
The United.States m order th avert the e-
vi.s ami unhappy difficulties winch now exist
and are likely to continue, between the Chero
kee Indians, east of die Mississippi and the
-urroundriig Slates, ami with a view to pro
mote tiie peace* and happiness ofall concern
ed. propose to enter into a compact or treaij
Wteum
OCTORS John M. McAfee and James
fi. Underwood, bate assoriatet! tin m
in the FRAOTICE of rtiYMG, r.net
it.-, collateral brandies, Su-gcry, MidHifciy. ji j, t j ie Cherokee ludians on the following
! Ii-rins. (to wit.)
ljS ; AF22S St U’M’SBR’vVOOI*, j Tiie Umted States propose to give to
One of an mi will u- tueiui ready ai ..si times to attend to | j jioni a country West of the Mtssissipf i, and
wbhotit the limits of any of the States or ter-
til ones ol the Unitetl States which shall bt*
i-quai in value to tiie coiiotry thoy leave.
iiiiv j»Aift:>si',iul cairs, . Tlu-ir mileage or. u'her cijargi s
will >e hkkUmtIc, as tiou-s a'-e bur . They bojic fV'.iHi i
«unr«v>iit:ipg uurfitiim to the iHilics of thi’ir i>roicM>ion. to j
tnonl ;u;ii r> >:eiie a ulur.il c .!uir«: of I lie j».ubliC ptlron :g<-.
N. la.—• J iii y ’..ill Practice iu the t'iicniio-t Natmc
uben culled da. fvicAF i?E J & f -DIJR 1 * 001).
GuiiiC.sii.-lc, Hutieouriiy, viay i, lfcJO 225—tf
INDIAN AFFAIRS.
From the Citerokcc Phtenix, of October 23
To <he Committee arid JVutionnl Council of the
Ch-rokoe fsuiiou nozc in session
Gv*nl|cm-„-n-—On to-morrow (uic l-9lh) :n
the .ikemooti, 1 request a meeiiog with the
Chiels and Councillors of vour Nation. ;>t such
bpfictt as may be selected by you tor that pur-
tose, that l may have an opportunity ofex-
i!.iio>ngt® you the obj- ct ct n*y mission into
r vow country.
Respectfully, JOHN LOVViiEY.
New Echota, 29th October, 1330.
Col John Lowrey,
Sir—Your uotc ofyesterdf»- duly receiv
1 by the Committee and Council in Genera!
Jouricil cenveoed, and / am instructed to sav
lat.thev will at any tune he ready to receive
|;ny coairnunuralion, on the subject of your
mission, addressed to them through John Ross
principal Chief ot lids nation, and afford to •
vou an opportunity of making verbal explan- j l ees as ma ? he deemed worthy ol the trust, for
atrons thereon, in joint Committee of the j {l * e promotion of education in the new country,
whole (at Council) when most convenient to
yourself. •
I have the honor to h? vour ob’t serv’t. .
JOHN RIDGE, Prust. Committee.
New Echota, 25tl» October, 1830
Gentlemen—Your dote of the 19th mst-
is been duly received iu which you require
exhibition of my authority—in answer l<>
lich request", 1 would beg leave to say that
have heretofore notified the principal Ciiiel
" my appointment the date thereof, and from
jhence it emanated.. I had .dvvays tel ended
id yet intend to exhibit it to the Council nt
ie commencement of our interview,.but be-
ive it to be unprectdsuied iu diplomatic con
Ifrns to forward it to you by way ofcommu-
and particularly so to the Indian themselves. Whatever ar
gument and fancy may suggest, it is undeniably true, that to
remove from their present homes, affords the only hope for
their preservation and happiness. Owners in fee of the coun
try, they will then begin to look for an ownership of the .soil
in severalty—to the extension ol agricultural habits, and to
the improvement of their farms. Their wandering habits
may, after a time, be thus corrected, and their attention turn
ed to industry and domestic pursuits. I have little doubt that
these people now, when their expectations o! an interference
on the part of Congress has failed, will waken to a sense of
their condition and true interest, And to a knowledge, that their
utter and entire extinction as a people, must be the conse
quence of remaining at their present homes. Pending the
examination of these questions before Congress, the sugges
tion has been frequently, made, that the Indians, if placed in
the W est, may again be subject to intrusions and interruptions.
Thisjs assuming too much, and more I should fain hope, than
the good faith of this Government will ever authorise to be
conjectured. . This unfortunate race of people have strong
claims to our justice, and to our sympathies, and should be
protected from all interruption after they shall reach their new
homes. If Congress shall do no more in legLlatiug for them,
thev will doubtless place at the disposal of tbe Executive, au
thority sufficient to prevent the white people from ever inter
fering with, or intruding upon their soil and their rights.—
This can be done, and this I have no hesitation in believing
will be done. If so,-a state of things more propitious to our
red friends will be produced, than has been witnessed at any
former period of their history. On power and their strength
in battle, they can no longer attempt tu rely—It is a dre am of
years goue by,, and in which there is no. longer a confidence
reposed even by themselves. Their only reliance for the fu
ture against those imputations upon the faith of the Govern?-
ment which are so gratuitously made, must be on the magna
nimity and Ingii sense ol justice which prevail with the peo
ple and authorities of this country in their favor, and in
this confidence they should not and will not be disappointed
The bill which has recently passed, is ah augury of this, and
cannot fail to satisfy all who Will dispassionately lock to ils pro
visions. No rash or compulsory course is directed—The Ex
ecutive desired nothing such, but preferred rather to have.their
action to be regulated by a free exercise cf their Judgment
and reason. In the progress of this business, here many dif
ficulties were present- 1 on the ground of the right asserted by
Georgia to extend her laws over the Indian country. Upon
this subject you are already informed of the opinions which
are entertained by the President, and of the distinctions which
have been taken. The right to regulate the internal policy of
a State, has not been confided to the General Government,
and of course in collision thence arising, it Cannot inter]ere—
To that extent, however* of executing the provisions of the
act of 1802, and restraining intruders and trespassers from
the soil and co'untry Of the Indians, theTresident will act.—
He indulges a hope, that you will lend whatever facilities may
be in your power to restrain the citizens of Georgia from
2.1 They farther propose to allow to each
/Mol overv warrior ami widow, residing within
tl.e States ot Alabama aud Tennessee, (and al*
■•a Georgia provided her consent can be ob
tained, and which we have strong assurances
<"an he,) a reservation of two hundred acres,
u hich liicy may occupy as long a-> they choose,
and when they choose to leave it, the L-nited
States Will pay them a fair price in cash for it
31. Thev propose to allow to each and every
i"d vidual who may choose to become citizens, i r *i i
„ «*" UBitot Slaies, a,Mi who have arr.Vc.t | P as6m S in«o, and settling upon the lamU of these people.—
io Mich a state of improvoment, as wilt enable
ilieni tu sustain tliemselves under the laws ol
the Stales, a reservation in fee simple.
<Uh They, do further agree to move those
who may choose to emigrate, at the expense
of the Government, ami to furnish (hem with
provi-ions* one >ea| after they arrive at their
new homes, and also to pay them for their
stock (except horses) and other personal pro
perty which they may not choose to take with
ihem, thereby giving them a perfect choice, to
go or stay, and in either event, to be provid
ed for as above described.
5th. A libera! .school fund will also be ad
ded, to be vested in the hands of such trus-
that the rising generation may hereby be ena
bled to improve in useful learning, together
with such annuities as may be thought best
suited to their rank and standing among tfie
Soul hern Indian Nations, compared with those
which have been afforded to others.
JOHN LOWREY,
Special Agent.
New Echota, C. N., 21st Oct. 1830.
Mr. Jno I^oss,
Sir—The Committee and Council in Gene
ral Council convent *. deem-it unnecessary to
exhibit a tietailed statement of their objec
tions to the propositions submitted through
yon by (tie Special Agent of Government, Got
John Lowrey. The Special Agent in hisre-
ation. I should be very sorry our friendly marks was understood to say, that, whenever
jerview should be clogged or impeded by «t
telle, or uico distinctions—I wish it 'hasten*
. Respect I uiiy vour obed’l serv’t.
•JOHN LOWREY.
he Committee and Council
oj the Chero.\ee nation.
New Lciiota, Oct. 201 h, 1830.
Col. John Lowrey,
Sir—Your note of this day is received, in
swer to that of the General Council, of the
thinsLriri which you say, we requested an
hihition'of your authority by way ui continu
ation. YVe have examined our note and
tnd that you ar'e only required to communicate
ith us through the Executive of this .nation
any time most convenient to yourself. In
is vve. did -nut ntend ‘‘to clog, embarrass or
pede' by Etiquette or nice distinctions” the
terview you requested and to which we have
plied in the wanner stated,
may not be improper to* inform you that
e requested the Principal Chief t,o l-e satisti-
of your official’character as a preliminary
the interview* proposed ns’you unofiiciaily
tied your name to the note addressed to the
uuncil. It is our intention and wish to listen
you id caiukr and communicate w::li you m
"icudship, whenever you think best iu tla.-
iode heretofore proposed
JOHN RIDGE 1W4 Com.
To Sli£ Com/niUeeand Council.
tiie *St«le of Georgia thinks proper to enter
the territories of this nation; and survey it, the
President would not interfere or prevent her,
.md that citizens of Georgia would then draw
for the hind agreeable to their laws. In oth
er words, they would take it by force, without
any opposition.from the General Government.
We have not sought the difficulties, the Spe
cial Agent has euumerated in hold relief, nor
are we prepared to run away from the trials
that beset us, aud if any officers of the United
States harbor the expectation of driving a
bargain with us, by withdrawing the protec
tion of the United States guaranteed to us by
tj ’aty, we can only say that they have on
ly to continue their policy, until it leads them
to n point, beyond which it will be in vain to
expert success; aud it is best known to them
selves how fir they will go.
Reservations in fee have been offered, to
which weswy, we have no disposition to alfer
the extent of our reservation as defined by for
uier treaties—the limits of the whole Chero
kee Nation. It is the desire of the Council,
that the special Agent may receive this as an
answer to his propositions submitted for our
consideration.
If it is thought expedient on your part to
:‘<qdy moretully to the communication referred
mO, the Council can have no objection.
J< > IIN RI DOE, Pre-’i. Com.
GOING SNaKE,. Spkr. Cocur
| Our treatiesjind laws forbid this, and these he will consider it
a duty faithfully to execute.
Iii this Indian Bill which has been a subject of much ex
citement, you will perceive nothing, I hope, calculated to ex
cite fears tor, or sensibility towards the red men of the forests.
It is not to give them a country to the West—Already under
former treaties they have one, extensive, fertile;, and from all
the accounts we have received, infinitely jnore desirable than
the country they.possess within the States. 'About 6000 of
the Cherokees, equal fully to a third of the entire numbers of
the tribe, have already emigrated to their lands indite West,
and are doing well. Portions of the’ Creek and Choctaw In
dians, possessed also of lands there, have removed. The law
contains a liberal [provision*] in favor ot those who, in pur
suance of treaties, shall be willing to remove. Suppose as
many honest and vveil meaning men desire, the hill had pot
passed? Would it not have been a breach of that faith, W’hich
promises to aid in their removal, and to support them for a
year? I,t would have been a very insufficient and unsatisfacto
ry answer, to a vpluhtafy application from the Indians, to have
told them there was no moiiey whereby, the Government could
comply with their promises. But in another essential point,
the act of Congress holds out justice, not cruelty. It is
known to all, that the red man’s title to lands, proceeds pot
beyond the mere occupancy. Another and another succeeds,
as the possessor leaves his soil and improvement; and even the
tribe itself has title only vvhile it exists and continues to occu
py the country. Something more pennanent and durable is
now presented. The former savage tenure, for allodial right
is exchanged, and the President authorised to give a grant to
the country to endure while the tribe shall exist
Yqu have been informed of the course taken by the Presi
dent, upon the subject of the boundary, which is to he consid
ered as having truly existed formerly be-ween the Cherokee
and Creek ludians. General Coffee was instructed to pro
ceed to the place and make .n examination. The report he
has presented in relation to that boundary, fixing its beginning
at the Shaljow Ford on the Chattahoochee, and running south
westvvardly along a ridge, as is represented in the map which
was sent to you, * has been confirmed, and will be considered
the Southern boundary of the Cherokeea. In the month of
April, notice was given, that if ihere.werc any Indians resi
ding to the South of that line, tley would retire North* and
within the limits of .the Nation. A corresponding order was
issued, requiring that all intruders should depart from the In
dian country. The reasons which led to this decision, res
pecting the boundary of the Cherokees, have been heretofore
partially adverted to. The Creeks were the- ancient and
first settlers, while tbe coming of the Cherokees is matter of *
recollection. Tradition reaches not to the time when the
Creeks came into those regiobs. Their fable of history *«,
that they sprung from the esirth. It was not until the year
1821, that the line of separation to the South between those
tribes, was establisbed hy an agreement entered into by the
tribes themselves. The question then for consideration, was,
whether by the usage, laws, and Judicial decisions of the coun
try, it was competent, for the Indians to arrange and define
their boundaries, Whereby the one could , acquire title .to the
sqii of another. Our laws prohibit such transfers to any, ex
cept to the Government, or where tbe Government is a party
to the transaction—aud this principle has been maintained tnd
asserted to be correct by our highest judicial tribunals. The
Cherokees consequently, could not purchase -from the Creeks,
and hence the only matter fo^ investigation, was to ascertain,
through'some competent and just examiner, where the line of
separation Was correctly and properly to be fixed. Gen. Cof
fee was sent upon this errand, and after diligent enquiry, has
recommended its establishment as I have before stated, as rep
resented upon the map sent te you, and that decision the Presi
dent has approved.
Upon the subject of Indian improvements abandoned, and
wnich tbe Government has paid for, or -which being assessed
by Commissioners it is liable to pay for, yoi are already in
formed. These will be considered as not belonging any lon
ger to the Cherokees; at least such of them as are within the
limits of the State of Georgia.
Very respectfully, ‘* > • J. H EATON.
His Excellency George R. Gilmer,
Governor of Goorgia.
(From the Augusta Courier, November 4 )
To the Honorable the Senate and House of Representatives
of the General Assembly, &c.
THE PETITION
Of tl-c undersigned Citizens of Augusta respectfully represents,
That in the year 1814, by the concurrent Acts of the Legislature of
South .Carolina and Georgia, rt Charter, with exclusive privileges,
was granted to the then proprietors of the Bridge across the Savan
nah River at Augusta, tiie terms of which charter will more fully ap
pear to your honor-aide body by a reference thereto. Your petition
ers further represent, that frotn the local situation of said Bridge, its
proximity to the established market-house, and its relative position
to all the approaches for produce from tbe State of South Carolina,
there lias been no apprehension until recently, that any attempt
Would ever be made by any portion of our citizens to prevent a .re-
- newal of its Charter, and u continuation of its privileges. These
rational cqnsiderations have continued to influence greatly the value
of property in the jkwerend and, in fact, principal squares of the
city—already greatly sacrificed by the erection of Hamburg—the
repeated ravages of tire, and the strong rivalry and local advan
tages of the West end of the town. Suffering under the pressure ef
thise disadvantages, your petitioners have lately learned, with mnch
surprise^ that a strong, though clearly a self-interested effort is to be
madr- by a'small section of our city, to anticipate and prevent a re*
newal Of Tbp chartered privileges of the present Bridge, and by the
erection of a new one, to change Itie current of that portion of the
produce of South Carolina, which has heretofore lent aid to the lower
parts of ttie city.. f Youy petitioners have a confident hope, however,
that it will only be necessary for your honorable body to examine
and understand—to reject a measure, so unsound in principle, and
partial and oppressive in operation. Your petitioners submit, ax
political (ruths, admitting no exception, that the object of legislation
is the good of the commwiity ; with such acts of individual and lo
cal protection as ore not inconsistent with the general weal, and that
every meaqs that can be constitutionally employed to attain these
objects, fs a duty of government.
But that on the other hand, every exercise of sovereign power
tending (o legislate one portion of the community into prosperity at the
expense of the oilier, or to build individual fortunes upon public ruin,
is oppressive, unjust, and impolitic. ri«i legislation which disturbs
established interests- to .create new ones, without a paramount public,
benefit, is pernicious. The Charter of the present Bridge, it being
in a central part of ihe city when established-~-whilst it benefi
ted a whole community, inflicted injury on no one, A continuation of
its Charier, whilst it would preserve the interests of every part of the
city, as they are, would not depreciate the property or * violate the
rights of a single individual. Whereas the measure in question, by
its tendency to change Ihe locality and transfer tbe business of the
cily. confers unexpected jortune on a small portion of the inhabitants,
and injury, periiaps rum, on the rest> No complaints can reasonably
he made against private speculation, based upon ’the ordinary course
of events, uftr do your petitioners complain of the prosperity of thi ir
fellow-citizens who have been enriched by the gradual improvement
oi their property, or the success of their bnsiness in the West end of
the city. Your petitioners, (for reasons already stated) would how-
ever.xonsider it an unjust and unnecessary viol, nee to the settled in
terests of the old parts of the-city,—and (as they'will presently
shew) a suicidal sacrifice of the interests of the State, to lend the help
ing arm of the Legislature to so many other independent advan
tages. No injury can ever be done by withholding sectional ad van
tages, based JUpoono previous calculations ; whereas much injury will
usually result from unsettling rights, by which, established confi
dence is defeated Your petitioners respectfully insist, that these
general truths apply in full force to the measures under considera
tion. The pretensions that the aggregate commerce of the State
and City would be increased by a larger support from Carolina pro-
•duce, however specious, are entirely fallacious These pri tensions
are dissipated by a single reflection. No new route to any new sec
tion of country is continued from the contemplated Bridge,—*tis on
ly a new inlet to a different part of .the city, from a route already es
tablished. The farmer, on delivery of bis produce to the currier,
.usually fixestHe place of itfrdestination. Hamburg would have its
accustomed support.. Fury’s Ferry would lose Hone of its custom,—
while produce originally destined for Augusta, with many travellers
and foot passengers would cross at the contemplated bridge, with the
simple inducement of entering the'city a few hundred yards sooner.
• These truths your petitioners conceive too plain for comment, too
evident for demons' rt}tion. The advantages will be (as they are in
tended by those who seek them) entirely local, their operation
paitia’r— by obstructing a portion of the established patronage of a
large part 6f the city, already much depressed; and transferring it to
a now and rising section already in a flourishing condition.
.Interested as the State evidently is in tbe aggregate prosperity of
one of its principal cities, your petitioners feel authorised to suggest
that, the tendency of the town to meet the approaches of produce, has
already thrown it into a most incotivenitnt deformity ; greatly impair*
b>g ail confidence in the settled value of real estate, and as a natur-
. al consequence, in checking that spirit of substantial and regular im
provement whipb so greatly contributes to the permanent prosperity
of a* Commercial City. ’Tis unnecessary to add that these evils
would be greatly aggravated, by the solicited interference of tbe
Legislature. ' ‘ :
Your petitioners however, beg leave further to add, that the con
templated measure is not alone to be considered io reference- to its
operation upon tbe sectional interests of our city, or iu its indirect
operation as a* measure of state policy, but also, in reference to -is
operation upon the rights of a popular and useful corporation of ex*
tended interests, having in charge a large amount of the pecuniary,
interests of the State. The Bank of Hie State of Georgia, in which
the Stale is a targe stock holder, at an enormous,cost, has become ihe
proprietor of the present Bridge, and apprehending no obstacle to a
renewal pf its charter.and privileges, aH necessary expenditures have
buenfreelj-hicnrrecF to keep tfie said 1 Bridge in a high state of pre
servation and repair. ' The solicited-'grant of opposing privileges
would, however, attack the interests in - his valuable property- four
years in advance of the expiration of its privileges; a prematurity
in legislation, your petitioners apprehend, without- precedent, and
which would, they respectfully submit, amount to little less than.legis
lative spoliat ion. Tour petitioners therefore humbly pray your hon
orable body that no partial measures may be adopted; on the appli
cation of any portion of onr fellow-citizens, that wOuM be followed
by the evils we have attempted to demonstrate ; that the spirit of
sectional rivalry already felt as injurious to our city, will not bo fed
by legislative Sanction. And as the only meufts of strengthening