Newspaper Page Text
1
JlDERAIi tTAlOtf.
SI"
GOVERNOR’S MESSAGE.
S*
i,-2
Tms day, at 12o^cl<»ck, the Governor transmit-
i t*> borti branciics of the Legislature, the ioliow-
of la tvs and police* wholly unsuitcd.to their condi
tion. ,
Immediately after the law was passed authoris
ing the lorn muon of a guard, forty mounted men
were organized under the direction ol active anu
MT , 0£1 - intelligent commanders, and stationed within toe
MESSAGrK: tenitory occupied by the Cherokee*, with orders.
Executive Dlpatment, Gx. ? prevent trespasses upou tlie Gold Mines, tosu{>-
MUieJgctrUie, November S, 1?31, $ pr, .x the authority of the Indian Chuffs, and to n>
In obedience to offend duty, I proceed to !a\ Le-j m ove all svhite men from among the Cherokees*
;coa;it pi' the transaction.? of the Ex-; who did‘not obtain licenses to continue then* »eSi-
v>j ' - vermiicut. during the pa»t | ,ici ; ec as'-rcbaired bv law. This duty has beeiy
Uti your c
fined bjik
■u. ideretu
fieial
; pei lomtei
*
pass resolnP ns authorizing the President to grant
reservation in ^ ee ot such quantities of land, as
may be anrlv sufficient for their support, to all the
Clierokeesvho are actual cultivators of the soil to
any exten and who may desire to remain within
the State nd subject to its laws, upon considera
tion that oe United States Govemment will pay
to the Sfite a reasonable valuation therefor.
The iav which was passed at your last session,
lor the sirvey and distribution of the Cherokee
lands, was not to be carried into effect until the ri
ffle of theCherokees was extinguished by the Pre-
k:.i # (•....i.-i-—As the Indian
it will 1)0 ne-
,-ere passeu irm
•u a man*,or which bus reflected great; .s^ent, dfyptil further legislation
to tnc I credit on t he rovirri and its commander*, and retfA title has n0* as yet been extinguished,
, , , u - , s , i vic.e to the State.—yessarv tor you to determine whether any, or what
lately t The'diffic 5 *'t<" of removino' lawless persons from Jforfher legislation shall he had upon this subject.
L to be -:n atcr than had been at Permit me most respectfully to express the opinion
- <■.<•*. ;!> r last session, f the mines proved to be •-> < atcr than bad been at rernm me most respecuuuy iu cAjncsa me
‘ .-V ,, citation of tf ( lief Jis- [first autimpated, and was ontv overcome by the use that the condition upon which that law was to go
f/ . Ui'nn-d Staies, were carried into effect. ! 0 f liiC most vigorous measiTres. The Mines are Wo operation, ought not ^ be repealed. Il: it
Tue Jndura Tassels paid tee fori- it of Ids life ac-} however simate.l so far apart from each other, that tior.ld, aud the Cherokee lands distributed «ccord-
q.mliug to the doin-mi of the law, which be had j g has been found imposs.tile to prevent occasional
violated.- A writ of error to stay tiie proceedings j trespasses upon them. Tills can only be preven-
of me Superior court m that case had been sane-J ted hv having them worked under the authority ol
turned by tiie Chief Justice, and like the citation to: the Slate.
the Governor, sent through the Post Office to the I Ah unexpected difficulty has been placed m the
officer, whose conduct it was intended to control,j wav of an efficient protection of the mines, by the
thereby evincing the disposition not only to disre- j decision which has been lately made by the Judge
-*ard the highest powers of the State, but to trifle! Q f the W.estern circuit, that the law, which renders
with its officers, by attempting to deter them from j it penal forlndians to dig for gold, is rnconstitution-*
. iie discharge of what was necessarily a very res-j^l. It having been made the special duty ot the
jionsibie and painful duty. j Governor, to take possession ot the mines, and to
Within a few days after the execution of Tas- j defend them from trespass, and having no uoubt
seh, a letter was received from John Iioss, in which ; about the constitutionality of the law, I considered
iie states, that the tJherokees were aboutto npp’v j myself compelled to obey its requirements. Or-
.» tlie Supreme Court of the United States, lor an ;ders were accordingly given to the guard, to ar
laadictlon over them.
ig to its provisions, the effect would be, to de
jrive our Indian population entirely of their pos-
Lssions without their consent and without any
quivaient. The character of the State, the intcr-
t of the Union, respect for public opinion, and
e rights of the Indians, forbid that so gross ail
t of injustice should be committed.
Although the rights of soil and jurisdiction are
attributes of sovereignty which belonged to the
State when it became independent, and with which
it has never parted, aiul in the exercise of which
it cannot be constitutionally controlled by the Uni
ted States, it does not follow that those rights au
thorise the State to place the Indians beyond its
protection, or to take from them their possession,
be rendered usetul ?. Entertaining these opinions,
I feel it my duty most earnestly and respectfully to
recommend that the Penitentiaey be rebuilt accor
ding to the most approved model, that the number
of cells for solitary confinement, wliich have been
directed to be built be completed; and that the no
cessary law’s for rendering its police effective be
passed. In addition to the appropriation which
will be required for this purpose, a further sum will
be wanting for the purchase of materials for man
ufacture and the immediate support of the institu
tion.
You are referred to the reports of the Superin
tendents for an account of the extent of road whicli
has been made by the public bands.—The eX|jp»-
ditures of the Superintendents for die three nr^t
quarters of the present year have amounted to the
sum of $17,518 60. It ia estimated, that the an
nual appropriation of $20,000 will prove defficient
by the sum of $3000. T his deficiency sl.tald be sup
plied as soon as possible.
This State has as yet made no exertions to profit
by the great improvements which have been lately
made in the means of transportation. Considerable
Tlie bill which was passed at vourlaet session to ] interest lias been manifested by the people during
gulate the internal police of die Penitentiary, j the past year upon this subject, which it is hopeu
considered unconstitutional, aud therefore not will lead to some practical and beneficial resist,
ed. The reasons for withholding mv simia-1 I would recommcndto your favoroble considers-
regulate
was
signed. The reasons for withholding jny signa
ture, together with copies of the bill r accompany
this message
your
(ion a communication Which hati been received from
a citizen of Hall County, a copy of which acompa-
The members of the Guard of the Penitentiary 1 nies this Message, giving a detailed statement ol the
ol, because the law present difficulties which obstruct the navigation of
are at present under no control,
wliich directs the manner of their punishment can-1 tlie upper part of the Chattakoecnie hiver, an eeti-
not be enforced. I w ould therefore recommend; mate of tlie expenses of removing them, and the
that you define specifically what acts of the mem- : advantages that would result therefrom. W itheut
hereof the Guard, as such, shall be made criminal, j adopting entirely the views presented in that com-_
affix to them their proper punishment, and subject | munication, I would observe that the productions
them to the jurisdiction of the Superior Court. {tiiat poition of the State, which is situated upon
The resolutions which passed at your last ses-i the head waters of the Savannah and Chattahopchie
terations as they might consider necessary , .. - ,, . , „
tablish a correct system, by some inadvertence j proper proportion, to the wealth Oi the < i ol-
fuiled to receive the signatures of the officers of the ] for the lull reward for industry until the present
House of Representatives, and could not therefore i means of transportation are imp-roved.
from errreisinff iu-j rest all persons wditTmight attempt to dig for gold^lto be distributed exclusively among another por
possession, be can ied into effect.
During the last summer, the Creek Indians on the
rn. , I IWTrKUUo VS ill/ Iliitili* O \
1 ms -letter was acceimpanr | leaving it to the judiciary officers to commit or dis-
. . • - These or«Jers
This will not
led by a printed paper without signature, puVport- j chnrire as thev ought think prop*
Mg to be a bill in equity brought by the Clieiokee i have as yet preveofed intrusions.
Ration against the State of Georgia. J however, continue to be the case, if it should be as-
In a previous message to the Legislature, I had j certained that the law may be violated with impu-
qxpressed the opinion i.liat the State could not con-1 nitv. There is also reason to apprehend, that the
uKUontly with a proper resiiect tor its own sover-i decision of tlie' court has thrown an almost insu-
} ' acknowledged limits, to the operation of its I Ot' the white mer. wlioliave been residing among
iivvs. That opinion having remained unchanged,; the Cherolcees, two liundred and three have taken
official notice was taken of this pioceeding,
'■In makiug ttiis decision, the court thought pro-
0 t to depart from the discussion of tlie particular
the oath to support the Constitution and laws of
■censes to continue their
md perverse opposi-
authority r of tiie State,
by certain persons representing themselves to be
religious Missionaries, and particularly those who
tion of its population.
Copies of Resolutions passed by the
ture; ol" several of the Stales, upon subj
general concern, are laid before yoi
tion b particularly called to those from Massuchu- {militia trainings, has created among the people such
setts and Connecticut, charging this State with the ! aa indisposition to submit to,the requirements of
design of dissolving the Union, because of iis ex- '
minalion not to permit the Supreme
The returns of the Brigade Inspectors and re-.'borders of this State, became infected with tho
, -r- . •—< Small Pox. The great alarm which was excited
among the people lest the contagion should extend
j to them, was increased from the circumstance that
j pons from other officers shew, that the militia is in j
he Legisla- • a state of disorganization throughout the Slate.—
subjec ts of j The prevalence of the opinion that no effective j
Your alien- discipline can be acquired in time of peace,-from j the Indians were at tnat time in a starving condi-
»<- — i j .i 1 tion, and pressing into our limits, particularly the
town of Columbus, to procure the means ol subsist
the present laws, as to render it very doubtful tence. Various quarantine regulations were adopt-
vvliether any additional enactments cool 1 be enfbr- ed by the authorities of that tov, n, to pi ev eiii aa >u-
ced. I would therefore suggest for veur conside- tercourse between its uihabilaute and tlie persons
devising new plans for
p >iut before it, to express opinions exceedingly dis-i have acted under the direction of the Board ol
spectful to this State, injurious to its rights, cal-
vifated to tliwart the policy of the General Gov
ernment, aud to keep alive the excitement which
Ikis arisen out of the conduct of ourlndian affairs.
Tlie court affirms, that no case could be better
v.-deuUted to excite its sympathy, than, the conduct
Foreign Missions in Boston. Although some sec
tarian zeal was for tiie moment excited through va
rious misrepresentations of the conduct of the gov
ernment towards thcae men, it soon passed a\V^y,
when it was discovered that they had l»een as ac
tively opposed to the policy of the- General Gov-
df Georgia to the Coerokees; that they have been eminent, as to tlie enforcement of the laws of Geor
gia; that they had been treated with great forbear
ance; and time Ihey were the mere instruments in
Ihe hands of others, of promoting and extending
party strife. It is an honorable distinction tiiat be
longs to our country, that its citizens are neither
proscribed for their religious opinions, ror protec
ted by them from punishment for crime.—Twelve
persons have been convicted for illegal residence,
and sentenced to confinement in the Penitentiary.
They have all been pardoned upon the c*n/!ition
that they would not again offend against, the laws,
except two of the agents of the Boston Board, who
refused to be the subjects of Executive clemency,
upon such terms.
The enforcement of the Cherokee laws, h?.s been
completely suppressed within this State. Ko dis
position lias however been evinced on the part of
the Indians, to become members of our communi
ty. Tiie imrs«3 ur ilie jjcujiic me tmleeil not pre
pared for it, and would no doubt have long since
accepted the offers of the United Slates Govern
ment, to give them possession of a territory to the
W est of the Mississippi, in exchange for their pre
sent occupant rights, but for the controlling influ
ence ofa class among them, almost exclusively made
up of the descendants of t he whites; and even that
class would perhaps before this time have consen
ted to remove, but for the support and encourage
ment which they have received from different parts
of our country, and the importance which their
leaders have acquired, by l>eing made the instru
ments of exciling ihe people to oppose the mea
sures of their Government, and directing popular
resentment against those who administer it. The
Slate owes it. to itself, ro put an end lo this state, of
things, so far as it can he done consistently with
the rights of the aborigines.
For this purpose I would specially recommend,
*V:.t you pass laws requiring under adequate peii-
a't-ies, all the Ghevokees who have received reser-
va tarns in fee, or been paid lor their improvements
and who have again settled upon the lands occn-
2 admission of j pied by the tube within this Slate, to remove there-
, that it should j from. *
The law for surveying the Cherokee Territory,;
uito sections and districts, has been executed with
out difficulty. Gne of tlie Surveyors (Benj. II.
untinuaTly deprived of their lands, until they at
present retain no more than is necessary for their
comfortable subsistence; that they form a Siate ca
pable of governing themselves; tiiat the acts of the
’ overnhient recognize them to be a State; and that
.'io courts are bound by those acts, that tliev have
he unquestionable and hitherto unquestioned right
■ j the lands which they occupy, and intimate to
Liriin that it will redress their wrongs when the ap
plication is made in proper form.
Permit me to call your attention briefly to these
veral statements ot the court.
’ And what wrong lias Georgia done to its In-
f in people, to call for this extraordinary sympa-
div of the court? They are in the peaceable pos-
■’ ssion of their occupant rights. Intruders have
r£.en removed from among them by severe penal
U-.vs—None of tiie burthens of government have
lUlfKIiSUU flJJtni tlirm* lutyfcmk v*' *«
foiced to a remnant of land not more than sulfi-
<■ii.nl tor their comfortable stil*istence, they are in
the possi'ssion of near five millions of aftres in this
^rate alone, of which the aborigines do no’ culii-
. p pre }i>an ffvn thousand. They me indeed
Not however, from want
;• situation is unsuitable
•ooiness of an Indian
Chen
i
an
,-arg‘fi.
Caro
Tha
:e. :••••? was ceiled hv Nor
>ih1<. '. upon the. express condition, t!
brm a conimon 5 jul tor tnc benefit r>‘
pod be applied t ■> the pavment of ti'.c >
> / . > ) w)
shave anunquestion-
on- d right to the iar.ds
! T.as form portions of
vs.jin, Fcnnessf e, Ala-
portion which is in Ton
ic United
should
'< Union,
rr hat
jonsidera<-
adeto ex-
re.ro'se m-
of wliich
: ch is in Alabama,-was sold, t
.i d States hv this State, lor a vnluabfo
tk»n, and before any attempt, had n
tingnisii tire title, of the Indians, or to e
risdiction over them. . In consequenci
sale was. made a condition of the
the State of Alabama into.the Union
disclaim all title to the Indian 'ands within its li
mits, the United States declaring bv law that it
had the sole and exclusive power to dispose
tiiem.
of |
s juridiction over crimes cora-
lirnits. It is much to be regret-
ed that the prejudices and unfriendly feelings
witch have been already excited among the people
of Afferent sections of our Country, by jarring and
loon interests should’ be imbittered bv unnecessary
inirmedling of one State with the affairs of anoth
er. In wnat Georgia has done, and what Massa-
chvsetts ami Connecticut condemn, others have on
ly peiceived the fixed resolve of the State to sus
tain its constitutional rights. Georgia has claimed
no right to nullify (in the verbiage of the day) the
tin Acts of the General Government, and only de-
mmds an exemption from attempts to control its
aaihority whilst exercised upon such subjects as
are wi thin its exclusive jurisdiction.
In tl.e month of May last, the whole of the inte
rior buildings of the Penitentiary were consumed
bt tire, together with a large quantity ol' its man
ufactured articles and raw materials. The guard
by the assistance of tlie citizens of thi3 place and
tin officers of the Institution, were enabled to pre
vent the escape of any of the Convicts. They
were immediately employed by the direction oi
the Inspectors in preparing temporary prisons and
work shops, in removing the walls and rubbish of
the destroyed buildings, and in aiding in the erec
tion of celts for solitary confinement. In conse
quence of tins application of the labor of the con
victs and the loss of the materials which had been
prepared for mancfacture and which could not be
readily supplied, the amount ot sales during the
past year have been very small and wholly insuffi
cient. to support the institution. Seventy five cells
for solitary confinement have been nearly comple
ted. They are constructed of the most durable
moIcr»*«I**, «« —«I ■ ■■ «»■.. <>tk>€>lly to
prevent Lie communication of the prisoners with
cacliother, their escape and all future risks fromfire.
From indication? of public opinion in various
parts of the Srate, since the destruction of the
buiidkigs of the Penitentiary, there is no doubt but
that »n effort will made during your present ses- j State, to the other two-thirds,
sion, )o abandon the system ol Penitentiary pun
ishment altogether. The well being of our com
munity is deeply concerned in tlie course which
you nay pursue. Tiie Penitentiary has as yet
been encountering the difficulties which are neces
sarily attendant upon ali great and novel under
takings. Its officers Lave been unexperienced, the
buildings unfit for the purposes lor which they
were designed, and iis entire ]>olice exceedingly de
fective. Instead of being fostered as a favorite
insulation by the Stale, it has met with constant
opposition. If oi.giit not therefore to matter of
surprize, that, it has not produced the entire good
ration whether, instead of _
improving and enforcing discipline, good policy
does not require the repeal of the provisions which
experience has shewn cannot be executed benefici
ally, particularly their present harassing and use
less penal ties, aud that the whole system be render
ed as simple and as easily executed as possible.—
An enrolment of all persons able to bear armft with
an annual review in each qounty, would it is be
lieved answer all tlie purposes of a militia system in
time of peace, and especially if additional encour
agement should be given to the formation of volun
teer corps. It is not intended bv this recommenda
tion to impugn iho truth of the maxim that the
militia of this country form its surest defence.—
The truth of that maxim does not depend
upon the superior discipline which tlie militia
can by any training acquire over regular troops,
but tiie persevering spirit and patriotism with
which the citizens of a government who enjoy the
the advantages of civil and political liberty, w ill
always defend their rights. The question which
is presented to you* is, whether the burdens of the
present militia system, when considered in connec
tion with its inefficiency, does not detract more
from the value of our privileges, than any knowl
edge of tlie art of war it communicates, adds to
their security.
I feel it iny duty to call your attention specially
to the necessity of reforming tlie constitution, by-
equalizing the representation of the people, and re
ducing the number of the members of the Legisla
ture.—In theory ak admit that the people are enti
tled to a general equality of political power, as the
surest means ol’securing to eveiy one an equality of
»;.ui Fiom tl»® acquisition or additional
territory, ami the division of the original counties,
the rule of representation fixed by the constitution,
lias become so unequal tiiat one-third of the people
are now in the enjoyment, through their represen
tatives, of an equal power in the government of the
Most of the coun-
| ties which have thus acquired an undue proportion
of power, are in the same section of the state, which,
from its climate and soil, must always be sparsely
populated, so that the inequality of representation
which exists at present, must continue to increase.
It is true, that no very injurious consequences have,
as yet, proceeded from this inequality, because it
has been brought about gradually, and has not un
til very lately been the sub ject of public attention
and interest. Factions, sectional jealousies* par
tial laws, and the unequal distribution of tiie pub
lic funds, must result fiom the present state of
things, if the minority continue to oppose with suc-
efiects ihat were anticipated from it. The ques- cess tlie expressed will of the people for the res-
tion for your determination should not be, whether toration of the constitution to its true principles.
The public good therefore requires that an altera-
you will abandon the Penitentiary on account of
its present defects, but whether it cannot be so im
proved as to prevent the commission of crimes with
more certainty than public whipping, pillory,
branding, imprisonment in the common jails and
hanging.
tion should be effected as soon as possible. Accor
ding to the constitution at the time ofits formation,
the be ante was composed ol twenty-four members
and the House of Representatives of sixty-two.
At present the Senate has seventy-eight members
w T ho were diseased or had been exposed to conta-
S 'on. These proceedings were sanctioned by this
epartinent, as were similar proceedings adopted
by the Justices of tlie Inferior Court of Troup coun
ty. The expenses incurred have amounted to the
sum of $904,46. Copies of all the papers upon this
subject are herewith communicated: The laws for
the regulation of quarantine, and to prevent the
spreading of contagious diseases, are so-indcfinite
that it was found exceedingly difficult to determine
what duty they imposed ujion this Department.
The liberality oi the Legislature in adding to the
endowment of the College, has enabled tlie*Trus-
tees to replace the building which was destroyed
during the last year, contract for the erection ofa
chapel sufficient for tlie accommodation of the nu
merous visitor*ywho attend ihe annualCollege coni-,
mencements, create two additional Professorships,
and fill one which was vacant. There is every rea
son to hope that the State will be amply repaid for
the support which it has thus given to its principal
seminary ol learning, in the improved capacity of
its young men to serve the public faitiifully iia</
witlh ability.
The Trustees have been very much embarrassed hf
the legal requirement that they should nnard and ethi-
| cate at the College one poor youth from each roomy, on
' account of the failure of the Legislature to provide the
necessary funds for that purpose.
The Academic and Poor school funds continue to f e
paid away from thc-Treasury, without any security tiiat
they will be applied properly to effect the object, fix
which they arc appropriated. Indeed we u]*pcar to l.a\e
been expending tlie public money more with the view of
expressing our conviction of the importance of education,,
to a free people, than of actually securing its adtantege.-.
We Imre bt-t-n paying sums to &'cat '.emies, ihat have only
an ideal existence, and for the education of the poor,
where such a class can scarcely be said to exist, ai d
when ail require its advantages. The annual reports of
tlie Trustees of these funds prove that they have render,
cd no public benefit, at all equivalent to the amount
which has been expended, notwithstanding that ihcio
have been particular instances of the very useful applica
tion of both. It may well be doubted whether the pre
sent plan of appropriating the public funds to tie pur
poses of education is not radically defective. If the peo
ple are to lie educated at the public expense, ought n t
primary schools to be established in every district and
made common to all the children of the Siate.
Tlie laws upon several subjects of general interest
have become so multiplied and in some instances so con*
tradictory in their provisions, as to render a careful rt\\«
sal of them, exceedingly necessary.—1 won id rail your
attention particularly to the detects of our election laws.
Of the thousands of election returns annually received ki
this Department, scarcely one is made in. exact conform:-,
ty with the law. There have been r.ne hundred laws,
passed upon this subject, during the last six years, each,
varying in its provisions from tlie other, without any ecr.-
ceiv&ble object. Perhaps the multiplicity and contrarie
ty. °f their enactsments cannot be more strikingly exem
plified than from tlie fact, that eighteen different degrees-
of punishment were prescribed for the same offence
in the laws passed at one session; and that by tlie.
law mf the last session directing the election of sur
veyors in eac h county to survey the Cherokee territory,
The Utiitod States has acknowledged that j Slti r ges,) failed to perforin the duty assigned, him.
kiiis State has both the right of soil and jurisdic- 1 TT * * ^ *'
tion oyer that portion which is within its limits.
It is difficult to conceive of any proposition ten
ding to more absurd consequences, than trait laid j
rfown by the court, that any Indian tribe with
which the United States forms contracts, to which
His bond remains to he sued upon for the return ol
tlie public money, which he received and has not
accounted for.
The Territory surveyed has beer, organized by
the election of two Justices of the Peace and two
Constables in c»eh Section. » These means howev-
the term treaty may be affixed, becomes a nation, • er are entirely inadequate for the execution ol the
'•tenable of governing itself, and entitled to ihe re- j laws, or the preservation of order. r J
Jfcpable ol governing
cognition of the courts, as States
,B'u> being hundreds of
Self-defence, or exercising
•j Sovereignty. If the opinion of the court be cor
n>ct, then all tiie territory which was acquired by
ihe original thirteen provincial governments of va
rious Indian tribes, is yet the projjertv of the a!»o-
yjgines, because tiie treaties by which it was oIh
wfined were invalid, not having been made by the
King of Great Britain, who alone,had the power
<>f entering into national compacts.
Another difficulty equally embarrassing, would
arise out of our relations with the Cherokees them
selves. A few years ago, the United States remo
ved a portion of that tribe to the West of tbe Mis-
si-wpoi, and placed them upon the public laud, and
ha ve since made several treaties with them.—
Winch is now the Cherokee nation, the Indians
tviio reside on the lands of the United States, or
Hios -within Georgia? But whatever obligations
the United States may have incurred by its con-
■tracts with the Cherokees, it has no constitutional
authority to limit or in any manner alter the terri
torial rights, which lielonged to this State, when it
became a member of the Union.
U pon no subject has tlie re been more rnisrepre-
iftentation than in relation to the government of the
Cherokees, and the civilization of the people of
ftrnltribo.—Tt|—— — — —;—— jii u.
The (bima-
the aboriginal people are as ignorant, thoughtless,
and improvident as formerly, without any of the
spirit and character which distinguished them when
war was their employment, and their support de
rived from the forest. That none of them in this
Sftate, with the exception of -one family, have ac
quired property, or been at all benefited by the im
provements which have been made bv others a-
mong theme That the Chiefs, the President of the
C > moil, the Judges, Marshal anil Sheriffs, and
most other persons concerned in the administra*
ion of the Government, are the descendants of
Europeans, and many of them citizens of this and
rhe ad cining States: and'that the Indians instead
2? living ur dvr -their own simple usage* andcus-
VaPb COXQpeUed ^ ajihmit to a fystqm
Dt-Kalb, Gwinnett, Hall and Habersham, is per
haps n necessary measure to give protection to the
rights ol the people and bring into subordination
those of the Cherokees who may otherwise disre
gard the authority of the Government.
The Agent who was appointed to rent the pos
sessions relinquished by Indian Emigrants, has per
formed that, service. According to his report the
number ot tbe Lessees are ninety six, and the rent
contracted to lie paid for the year, seven thousand
six hundred and six dollars.
Any attempt to remove the Cherokees during
the pendency of their application to the Supreme
Court, was considered useless. ; The opinions ex
pressed by the Court in making its decision, and
the use which was made of them, rendered it high
ly improbable that the General Government could
treat successfully with the Chiefs. From informa
tion derived from various sources, I was convinced
that the Cherokees could not under existing circum
stances be removed except by individuals^and fam
It is objected to tlie Penitentiary, that it has been ! and the House one hundred and forty-two.* The' l * iC Superintendents'were direct wi to make iffo returns
a continued expense to the State. * a—;.*:— —i . , J -* ! j V* nil 1 h .1 * 1 ft-k *l> a r./> n.. . .. ——
to be true, ought
sand dollars annu
sideration to the
mtans of preservi
anl personal liberty of every.member of the com- fairs,
trinity, from the lawless attacks of the vicious and j ganization
violent ? b rorri the result of (he alterations wliich I reduce the number of its members to what it was' P ursae d f ho la’ 7 becomes nugatory,
were made in the government ^ ^ v ■ ■* - - ^ ’ ’*"— ”
.il , , _ , . — It especially necessary that the present or-! elections are held in strict conformity with law, the comi-
minitv, irorn the lawless attacks ot the vicious and j ganization ol the Senate should be so altered as to ; ties v iil be without officers, and if a different course is
of the alterations which 1 reduce the number of its members to what it was' P ursned ;!l f law becomes nugatory. The best remedy
nent of the Pententiary I originally, and thereby make that body an efficient ; for thcse difficulucs would seem to be the substitution ff
has been effected in sirn- check upon useless and improvident legislation, and °i| fi . eeneral k* w pf simple and explicit requirements, for.
tiitee years ago, and what
itar institutions in other States, it is confidently be-
licvul tiiat this objection may be removed alto
gether.
It has also lieen urged against the Penitentiary,
that it has not succeeded m reforming couvicts.—
destroy tlie united action which now takes o'ace i V V U1 •, f u J xm Uus
tlie Senator aud Ba~SS Ae! ^‘Jfi Mtttr
counties, and produces our vast superfluity of local asking of them to state upon what terms they were wi!.
and private laws. If two-thirds ot die Legislature • bug to dispose of their stock to the State. The copy ol"
virtuous men. But whatever
reforming convicts, we have had no reason to ex
pect any such consequence from our Penitentiary,
because until the appropriation for building ceils
for solitaiy confinement, its manner of punishment
was only calculated to corrupt and degrade them.
All classes have been put together in the same
cannot be induced to vote lbr an amendment of the that letter together with the answers reeeived are here*
constitution, according to the expressed will of the 1 communicated.—The otters of sale have been but
It is believed tiiat
upon any tcims would lie an exceedingly
It may weii be doubted whether human institu- ^
tions can effect much in transforming vicious into i people upon this subject, I would recommend that ■ and at ^ ut vcr 5' small discount,
tevei’ might be effected it) it lie referred to tlie people themselves, and that i , t | ie P*“'f ,,a 1 se
resolutions be passed advising them to elect mem
bers to a convention for that purpose.
The Congress of the United States having failed
at iis last session to accept the terms proposed by
the Legislature for the ascertainmentotthe dividin
cessary instructions were not made out for openin'^
the offices of emigration, until tlie present distim
guished head of that Department came into office.
Vou will find in the papers which are laid belbre
you, the fullest evidence that the President j s new
using all the means placed at his command to in
duce the Cherokees peaceably to relinquish their
occupant rights. There is little doubt but that suc-
cess will be the result of his measures, if supported
V?! .P ro P er Miannel, by the nuthrities oftliis State
retain me parUcftforty to reaimmcia^ that you
rooms at night, and no efficient restraints placed
up>n their intercourse during the day. The <ireat
advantage of the Penitentiary system consists Tn its
withdrawing from the community for a length of
tine its most vicious members, and so ope
rating upon tlie imagination and fears of bad
men, by its peculiar form of punisnment, as
to prevent the actual commission of crimes.—
The habit of idleness and improper associations
produce most of the offences against society. It is
, _ iid en
tire scclusiou from all intercourse with others, is
the most dreadful as well as the most effectual pun-
« es '- Letters were accordingly addressed to the M1C agamsi tsocieiy.
President and Secretary of Avar, urging tlie adop-f therefore, that constant compulsory labour and
lion of this plan, and the right of the State to have ‘ ’
the Indians removed from within its limits inde-
-poiidantiy: tliP sufMat or propriety of the Gen-'
era!po.icy of the Uniled States, as anactofiuB4
tice arising from the contract of 1802. You will
perceive in the President’s answer, his strong de
sire to gratify the wishes of the State. Through
some oversight in the War Department, the ne-
ishnient, When it is considered that no State has
ever abandoned this inode of punishment, that it
lias been greatly improved of late years in many of
tlie institutions of other States; that in some of
them large profits have been realized from the la
bour of the convicts,; and tiiat in others scarce
ly a ‘»y instances occur of second commitments; is
it not reasonable to ascribe the failure of the Pen
itentiary in tills State, rather to the defective man
ner in which it has been managed, than to the im
perfection of the system itself? Is it not due to
our character for firmness and consistency of pur
pose, to ni^lse a full and lair experiment before it
15 abandoned? Ought we to tlirm^ away all tiie
valuable experience which we have acquired, and
tne large amount of capita! which has been expend-
ed^whftout s thorough convictign Utat it cftnnfit
unprofitable application of tl;e public funds.
I transmit copies of the Reports which hare been rex
ceived from the different Banks.
T iie notes of our Domestic Basics form at present thex
entire circulating medium of tlie State. It is therefore of
.. . ....v...,-- Jtrcat importance both to the Government, and *he fCCs^.
line between this State and the-territory of Florida,! P' e »tliat their issues should be so regulated and coutroR-
I proceeded to cause that line to be run by two com- et *. as to prevent the evils of vicious currency. Net*
withstanding our staple productions have been const aril-
decliningin price for Ihe last ten years, the manlier of
our Banks have been as regularly increasing. And at
no time heretofore have Banking privileges been more ea
gerly sought after, than at present, w hen our staple com
modities are reduced to the low est price at which they
can be produced. There is some reason to appreheui
that the desire for the increase..of Banks proceeds as much
from the spirit of speculation, which the universal habit
of trading upon credit, Las created among our people, as
the necessity for an additional quantity of currency to
Whilst
nnssionere, an artist and surveyor, as directed by
your resolutions. The President was informed of
the time and place of their meeting to enter upon
♦he discharge of this duly, and in answer stated liis
intention of laying tlie subject before Commas at
its next session. °
The Commissioners after the most accurate ex
amination of the different streams which form the
River St. Mary’s, and the surrounding country,
came to the conclusion upon evidence which js be- . . ,
lieved to lie perfectly satisfactory, that the head of* ^P r iv* nt d.e circulating wealth of the country
the St. Mary’., as defined in ihe treaty ofi795
tvas to be found at the source of its middle or wes-
tern branch, that stream being longer, having more
water and agreeing better with contemporaneous
opinion than either of its branches. The quantity
ot land between tbe fine run by the Commissioners
and that from the junction of the Chattahooclne
and r lint nvers, to the place designated bv Ellicott
and the Spanish Commissioners, tor the head of the*
St. Mary 8, is one million three hundred thousand
acres. Most of it is excedingly sterile, but inter
sected occasionally with tracts of very productive
soil Much ot that which is valuable has been al
ready sold and granted by the United States. It
will therefore be necessary for you to have the title
tried, and to direct the manner in w hich the territo
ry is to be disposed of if the deterimmrijon shall
a iu ftyov cjthe §t£iCf * -
. w . corporations
the cxclusiive-nghi of issuing notes to supply the place nt*
specie, it ought assuredly to protect the interest of tic
people from die improper exercise of such a privilege, ft
will be perceived by an examination of the Bank Reports
of the present and several preceding years, that the in
sues oi each Bank ana of the whole collectively have beta
more than double tiie amount of specie in their vaults*
Every Bank may therefore be considered unable to r<\
deem its notes,, in specie, upon any sudden and general
d eman u. The ccnunu nity is not a t presen t sufleriny any
particular injury from this state of things, because of (he
regular stale of our home artd foreign market and the ui>_
disturbed quiet of the country. Convulsion^ in trade
will however take place at soma time. ‘ Upon the first,
general demand fin-specie, the Banks must^press tlieic*
debtors, curtail tlieir issues, and perhaps stop payment,
and thus bring ruin upon many, qnd distress upon U«)
whole fieople.
It ia w ell worthy of your consideration, whetHfer sanic
pvcw4ti<?» he