Newspaper Page Text
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GOVERNOR’S MESSAGE.
This' Pay, at lsl o’clock, the Governor transmit
ted to both branches of the Legislature, the lollovv-
MESSAGE*
EXECUTIVE DsPA^MEKT, Ga. >
JKUedgeville, NovcMber b, V*$\. >
In obedience tn official duty, 1 proceed to lay be
fore you an account id’ the transactions of the Ex
ecutive* brauch of the Government, during the past
;ar, and t » recommend for your consideration,
arc deemed beneficial to the
Siicti measures
State.
Tue resolutions which were passed immediately
previous to the adjournment of’ vour Inst session,
i non the subject of the citation of the Chiet Jus-
I'ceof .the United States, were carried into effect.
The Indian Tassels paid the forfeit of his life ac-
c. >rding to the demand of the law, which he had
violated. A writ of error to stay the proceedings
m' the Supenor court in that case had been sane
tioned by the Chief Justice, and like the citation to
t ie Governor, sent through the Post Office to the
officer, whose conduct it was intended to control,
thereby evincing the disquisition not only to disre
gard the highest powers of the State, but to trifle
with its officers, by attempting to deter them from
the discharge of what was necessarily a very res
ponsible and painful dutv. 1
Within a few days after the execution of Tas
sels, a letter was received from John Ross, in which
he states, that the Cherokees were about lo apply
to the Supreme Court of the United States, for an
injunction to restrain the State from exercising ju
risdiction over them. This letter was accompan
ied by a printed paper without signature, purport
ing to be a bill in equity brought by the Cherokee
nation against the State of Georgia.
In a previous message to the Legislature, I had
•xpressed the opinion that the State could not con
sistently with a proper respect for its own sover
eign rights, become a party before any court for
the determination of the question, whether it had
the power of subjecting the people who reside, with
in its acknowledged limits, to the operation of its
laws. That opinion having remained unchanged,
no .official notice was taken of this proceeding.
The Supreme Court however took jurisdiction of
the case, but finally dismissed it upon the ground
that the Ciiertikees were not a foreign nation.
In making this decision, the couit thought pro
per to depart from the discussion of the particular
p tint before it, to express opinions exceedingly dis
respectful to this State, injurious to its rights, cal
culated to thwart the policy of the General Gov
ernment, and to keep alive* the excitement which
has arisen out of the conduct of our Indian affairs.
The court affirms, tliat no case could be better
Calculated to excite its sympathy, than the conduct
oil Georgia to the Cherokees; that they have been
continually deprived of their lands, until they at
present retain no more than is necessary for their
c unfortable subsistence; that they form a State ca
pable of governing themselves; that the acts of the
government recognize them to be a State; and that
the courts are bound by those acts, that they have
-he unquestionable and hitherto unquestioned light
|n Hie lam Is which they occupy, and intimate to
hiem tint it will redress their wrongs when the ap-
'dication is made in proper form.
Permit me to call your attention briefly to these
several statements of the court.
‘ Aud what wrong has Georgia done to its In
dian people, to call for this extraordinary sympa-
Miy of the court? They are in the peaceable pos
session of their occupant rights. Intruders have
been removed from among them by severe penal
lavs—None of tiie burthens of government have
been imposed upon them. Instead of being re
duced to a remnant of land not more than suffi
cient for their comfortable subsistence, they are in
die possession of near five millions of acres in this
JjState alone, of which the aborigines do not culti
vate,more than five thousand. They are indeed
.becoming more destitute. Not however, from want
of land, but because their situation is unsuitable
f>r the improvement and happiness of an Iudiari
people.
Is it true that the Cherokees have anunquestion-
*. able and hitherto, unquestioned right to the lands
■*, Inch they occupy ? These lands form portions of
“ ’he territory* of North Carolina, Tennessee, Ala
bama and Georgia. That portion which is in Ten
nessee was ceded by North Carolina to the United
^tates, upon the express condition, that it should
fo: rn a common fund for the benefit of the Union,
• and be applied to the payment of the debt. That
. portion which is in Alabama, was sold to the Uni
ted States by this State, for a valuable considera-
tion, and before anv attempt had been made to ex
tinguish the title of the Indians, or to exercise ju
risdiction over them. In consequence of which
sale it was made a condition of the admission of
the State of Alabama into the Union, that it should
disclaim all title to the Indian lands within its li
mits, the United States declaring by law that it
bad the sole and exclusive power to dispose of
them. The United States has acknowledged that
this State has both the right of soil and jurisdic
tion over tliat portion which is within its limits.
lt is difficult to conceive of any proposition ten
ding to more absurd consequences, than that laid
dowui by the court, that any Indian tribe with
which the United States forms contracts, to which
tiie terhi treaty ir.av he affixed, becomes a nation,
capable of governing itself, and entitled to the re
cognition of the courts, as States. It would bring
into being hundreds of States, utterly incapable of
self-defence, or exercising one attribute of Nation
al Sovereignty. If the opinion of the court be cor
rect, then all the territory which was acquired by
Lhe original thirteen provincial governments of va
rious Indian tribes, is yet the projrerty of the abo
rigines, because the. treaties by which it was ob
tained were invalid, not having been made by the
King of Great Britain, w ho alone had the power
of’entering into national compacts.
Another difficulty equally embarrassing, would
arise out of our relations wi th the Cherokees them
selves. A few years ago, the United States remo
ved a portion or tliat tribe to the West of the Mis
sissippi, and placed them upon the public land, and
have since made several treaties with them.—
Which is now the Cherokee nation, the Indians
who reside on the lands of the Uuited States, or
those within. Georgia? But whatever obligations
the United States may have incurred bv its con
tracts with the Cherokees, it has no constitutional
authority to limit or in any manner alter the terri
torial rights, which belonged to this State, when it
became a member of the.Union.
Upon no subject has there been more misrepre-
r ® e i ntat j on *han in relation to the government of the
Cherokees, and the civilization of the people or
that tribe. Upon examination it will be found that
the aboriginal people are as ignorant, thoughtless
and improvident as formerly, without any of the
spirit and character which distinguished them when
war wne their employment, and iheir support de-
ra • d from the forest. That none of tltem in this
State, with the exception of one family, have ac-
qmredjjroper/y or been at all benefited by the im
plements which have been made by others a-
S ™ atthe £h*ftrthe President of the
Council, the Judges, Marshal and Sheriffs and
most other persons concerned in the admmistn d
-ton of the Government, are the descendants
Europeans, and many of them citizens of Jhk and
.the adjommg States: and that the Indians i. sten,i
l i\T* Un ; Ier their own simple usages !5JS
lh^*^ avc beei1 compelled to submit to a system
of laws and police, wholly utisuited to their condi
tion. .
Immediately after the law was passed authoris
ing the formation of a guard, forty mounted men
were organized under the direction of active and
intelligent commanders, and stationed within the
territory occupied by" the Cherokees, with orders
to prevent trespasses upon the Gold Mines, to sup
press thy authority of the Indian Chiefs, and to re
move all white men from among the Cherokees,
who did not obtain licenses to continue their resi
dence as required by law. Tliis duty has been
performed in a manner which has reflected great
credit on the gdarJ and its commanders, and ren
dered the most/ essential service to the State.
The difficulty of removing lawless persons from
the mines, proved to be greater than had been at
first anticipated, and was only overcome by the use
of the most' vigorous measures. The Mines are
however situated so far apart from each other, that,
it has be^n found impossible to prevent occasional
trespasses upon them. This can only be preven
ted by having them worked under the authority of
the State.
An unexpected difficulty has been placed in the
way of at; efficient protection of the mines, by the
decision which lias been lately made by the Judge
of the Western circuit, that the law, which renders
it penal forlndians to dig for gold, is unconstitution
al. J» having been made the special duty of the
Governor, to take possession of the mines, and to
defend them from trespass, and having no doubt
about the constitutionality of the law, I considered
myself compelled to obey its requirements.^—Or
ders were accordingly given to the guard, to ar
rest ail persons who might attempt to dig for gold,
leaving it to the judiciary office is to commit or dis
charge as they might think proper. These orders
have as yet prevented intrusions. This will not
however continue to be the case, if it should be as
certained that the law may be violated with impu
nity. There is also reason to apprehend, that the
decision of the court lias thrown an almost insu
perable obstacle in the way of the efforts, which
are now making by the Uuited States, to induce
the Cherokees to emigrate,
Of the white men who have been residing among
the Cherokees, two hundred and three have taken
the oath to support the Constitution and laws of
the State, and received licenses to continue their
residence. A most obstinate and perverse opposi
tion has been made to the authority of the State,
by. certain persons representing themselves to be
religious Missionaries, and particularly those who
have acted under the direction of the Board of
Foreign Missions in Boston. Although some sec
tarian zeal was lor the moment excited through va
rious misrepresentations of the conduct of the gov
ernment towards these men, it soon passed away,
when it w r as discovered that they had been as ac
tively opposed to the policy of the General Gov
ernment, as to the enforcement of the laws of Geor
gia; that they had been treated with great forbear
ance; and that they were the mere instruments in
the hands of otheis, of promoting and extending
party strife. It is an honorable distinction that be
longs to our country, that its citizens fire neither
proscribed for their religious opinions, nor 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 condition
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 law’s, has been
completely suppressed within this State. No dis
position has however been evinced on the part of
the Indians, to become members of our communi
ty. The mass of the people are indeed not pre
pared for it, and would no doubt have long since
accepted the offers of the United States Govern
ment, to give them possession of a territory to the
West of the Mississippi, in exchange for their pre
sent occupant rights, but for the controlling influ
ence of a class among them, almost exclusively made
up of the descendants of the whites; and even that
class would perhaps before tliis 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 being made the instru
ments of exciting the people to oppose tlie mea
sures of their Government, and directing popular
resentment against those who administer it. The
State owes it to itself, to put an end to this state of
things, so for as it can be done consistently with
the rights of tlie aborigines.
For this purpose I would specially recommend
that von pass laws requiring under adequate pen
alties, all the Cherokees who have received reser
vations in fee, or been paid for their improvements
and who have again settled -upon the lands occu
pied by the tribe within this State, to remove there
from.
The law for surveying the Cherokee Territory
into sections and districts, has been executed with
out difficulty. One of tlie Surveyors (Benj. H
Sturges,) failed to perform tlie duty assigned him.
His bond remains to be sued upon for tlie return of
the public money, which he received and has not
accounted for.
I he Territory surveyed has been organized by
the election of two Justices of the Peace and two
Constables in each Section. These means howev
er are entirely inadequate for tlie execution of the
laws, or tlie preservation of order. The forma
tion of a county to be composed of all the Territo
ry occupied by the Cherokees within the State, and
which now forms parts of the Counties of Carroll,
DeKalb, Gwinnett, Hall and Habersham, is per
haps a necessary measure to give protection to the
rights of 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 the Lessees arc ninety six, and the rent
contracted to be 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-
l£“.i Cri ™ d fi ? ra v3n '" 1 K sources, I was convinced
that the Cherokees could not under existing circum
stances be removed except by individuals and fom-
p * tere were accordingly addressed to the
fioTnf?! and ! Secre ! a 7 °C Hanging the adop-
t on of tins plan, and the right of the State to have
tlie Indians removed from within its limits inde
pendently of the success or propriety of the Gen
eral policy of the United States, as an act ef jus
tice arising from the contract of 1802. You will
the large amount of papital tiiiifcii has been expend
ed, without a thorough conv iction that it cannot
pass resolutions authorizing the President to grant
reservations in lie ot such quantities ot land, as
may be amply sutffoientfor their support, to affthe
Cherokees who are actual cultivators of the soil to
any extent, and wlW> may desire to remain within.
the State, and subject to its laws, upon considera-
tw.. O... .i.., lTni(oil Slatps fiiivpnimpn
perceive in the President’s answer, his strong de-
w . lsh CL of State. Through
tion that tlie.United States Goveniment will pay
to the State a reasonable valuation therefor,
v The law which was passed at your last session,
for the survey and distribution of the Cherokee
lands, was hot to be fearried into effect until the ti
tle of the Cherokees was extinguished by the Pre
sident, or until further legislation. As tlie Indian
title lias not as yet been extinguished, it will lie ne
cessary for you to determine whether atiy,orvvhat
further legislation shall be bad upon this subject.
Permit me most respectfully to express the opinion,
that the condition upon which that law was to go
into operation, ought not to be repealed. If it
should, and the Cherokee lands distributed accord
ing to its provisions, the effect would be, to de
prive our Indian population entirely of their pos
sessions without their consent and without any
equivalent. The character of the State, the inter
est of the Union, respect for public opinion, and
the rights of tlie Indians, forbid, that so gross an
act of injustice should be commit! ed.
Although the rights of soikand jurisdiction are
attributes of sovereignty which belonged to tlie
State when it became independent, and with which
it has never parted, and in tlie exercise of which
it cannot he constitutionally controlled by the Uni
ted States, it does not follow that those rights au
thorize the State to place tlie Indians beyond its i
protection, or to take from them their possession, 1
to be distributed exclusively among another por
tion of its population.
Copies of Resolutions passed by the Legisla
tures of several of the States, upon subjects of
general concern, are la id before you. Your atten
tion is particularly called lo those from Massachu
setts and Connecticut, charging this State with the
design of dissolving the Union, because ol its ex
pressed determination not to permit the Supreme
Court to contml its juridiction over crimes com
mitted within its limits. It is much to be regret
ted that the prejudices and unfriendly feelings
which have been already excited among tlie people
of different seel ions of our Country, by jarring and
local interests should be imbittered by unnecessary
intermedling of one State with the affairs of anoth
er. In what Georgia has done, and what Massa
chusetts and Connecticut condemn, others have on
ly perceived the fixed resolve of the State to sus
tain its constitutional rights. Georgia has claimed
no right to nullity, (in the verbiage of the day) the
the Acts of the General Government, and only de
mands an exemption from attempts to control its
authority whilst exercised upon such subjects as
are within its exclusive jurisdiction.
In the month of May last,' the whole of tlie inte
rior buildings of the Penitentiary were consumed
by fire, together with a large quantity of its man
ufactured articles and raw materials. The guard
by the assistance of the citizens of this place and
the officers of the Institution, were enabled to pre
vent the escape of any of the Convicts. They
were immediately employed by tlie direction of
the Inspectors in preparing temporary prisons and
workshops, in removing the walls and rubbish of
the destroyed buildings, and in aiding in the erec
tion of cells for solitary confinement. In conse-
quenoe of this application of the labor of the con
victs and rite loss of the materials which had been
prepared for mancfacture and which could not be
readily supplied, the amount of sales during the
past, year have been very small and wholly insuffi
cient to support the institution. Seventy five cells
tbr solitary confinement have been ncnrly oomplo
ted. They are constructed of the most durable
materials, and in such manner as effectually to
prevent the communication of tlie prisoners with
each other, their escape and all future risks from fire.
From indications of public opinion in various
parts of the State, since the destruction of the
buildings of the Penitentiary, there is no doubt but
that an effort will be made during your present ses-
sion, to abandon the system of Penitentiary pun
ishment altogether.' The well being of our com
munity is deeply concerned in tlie course which
you may pursue. The Penitentiary has as yet
been encountering the difficulties which are neces
sarily attendant upon all great and novel under
takings. Its officers have been unexperienced, the
buildings unfit for the purposes lor which they
were designed, and its entire police exceedingly de
fective. Instead of being fostered as a favorite
institution by the State, it has met with constant
opposition. It ought not therefore to be matter of
surprize, that it has not produced the entire good
f eflects that were anticipated from it. The ques
tion for vour determination should not be, whether
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.
It is objected to the Penitentiary, that it has been
a continued expense to* the State. Admitting this
to be true, ought the expenditure of a few thou-
sand dollars annually to be a matter of any con
sideration to the Legislature, in adopting the best
means of preserving the reputation, lives, property
and personal liberty of every mem tier of the com
munity, from the lawless attacks of the vicious and
violent ? From the result of the alterations which
were made in the government of the Pentenliary
three years ago, and what has been effected in sim
ilar institutions in other States, it is confidently be
lieved that this objection may be removed alto
gether-.
It has also been urged against the Penitenliarv,
that it has not succeeded in reforming convicts.—
It may well be doubted whether human institu
tions can effect much in transforming vicious into
virtuous men. But whatever might be effected in
reforming convicts, we have had no reason to ex
pect any such consequence from our Penitentiary,
because until the appropriation for building ceils
for solitary confinement, its manner of punishment
was only calculated to corrupt anti degrade them.
AH clashes have been put together in the same
rooms at night, and no efficient restraints placed
upon their intercourse during the day. The great
advantage of the Penitentiary system consists in its
withdrawing from the community for a length of
time its most vicious members, and so ope-
rating upon the imagination and fears of bad
men, by its peculiar form of punisnment, as
_i ^ l . e actlia I commission of crimes.—
The habit of idleness and improper associations
produce most ol the offences against society. It i
therefore, that constant, compulsory labour and en
tire seclusion from all intercourse with others, is
the most dreadful as well as the most effectual min-
ishment. \Y hen it is considered that no State has
be rendered useful? . Entertaining theae orations,
I fee) it my duty most earnestly and respectfuHy to
recommend that tlie Penitentiaey be rebuilt accor
ding to the most approved model, that the number
of ©efisrfbr sofiSary confinement; which have been
directed to be built be completed; and tliat lhe ne
cessary laws for rendering its police effective be
passed. In addition to the appropriation which
will be required lor this purpose, a further sum rail
be wanting for the pnAmase of materials for man
ufacture and'the^immediate support of the institu
tion.
The bill which was passed at your last session to
regulate tlie internal p> ire of the. Penitentiary,
was considered unconsri* nrional, arid therefore not
signed. The reasons withholding my signa
ture, together with copies of tlie bill, accompany j
this message.
You are referred to the reports of the Superin
tendenta for-an account of the extent of road whi
has been made by the public ISands.—The exf
ditures of the superintendenla for the three
quarters of <he pr»ent year have amounted to the
sum of $17,518 60. It is estimated, that the an
nual appropriation of #30,000 will prove deficient
by tlie sum of $3000. This deficiency si o dd be sup
plied as soea as possible.
This State has as yet made no exertions to profit
by the great improvements which have been late ly
made in the means of transportation. Considerable
interest has been manifested by Rife people during
tlie past year upon this subject, which it is hoped
will lead to some practical and beneficial result.
I would recommend to your fevoroble considera
tion a communication winch has been received from
a citizen of Hall county, a copy of which acornpa-
Tlie members of the Guard of the Penitentiary ; nies this Message, giving a detailed statement of the
are at present under no control, because the law present difficulties which obstruct the,navigation of
which directa the manner of their punishment can*\ tlie upper part of the Chattahoochie River, an esti-
not be enforced. I would therefore recommend mate ol the expenses of removing them, and the
that you define specifically what acts of the mem- advantages that would result therelrom. Without
here of the Guard, as such, shall be made criminal, ! adopting entirely the views presented m that corn-
affix to them their proper punishment, and subject munication, I would observe that the productions
tliem to the jurisdiction of the Superior Court. of that portion of the State, which is situated upon
The resolutions which passed at your last sks-! head waters of the Sa vannah and Chattahoochie
sion authorizing me to appoint a board to be com- i rivers, consist of coni, wheat, tobaco, iron and lime,
posed of three officers, whose duty it should he to all heayy ancles wfochjore a Jage portion oLtheir
review the Militia Laws, and recommend such al
terations as they might consider necessary to es
tablish a correct system, by some inadvertence
value from the great cost of carrying them to mark
et, and cannot, therefore, be made to add their
proper proportion, to the wealth of the State, or of
ten led to receive the signatures of tlie officers of lhe fertile fuff reward for industry until the present
House of Representatives, and could not therefore means of transportation are improved,
be can fed into effect. During the last summer, the Creek Indians on tlie
The returns of the Brigade Inspectors and re- borders of tliis State, became infected with the
ports from other'officere shew, that the militia is in Small Pox. The great alarm which was excited
a state of disorganization throughout tlie State.— among tlie people test the coiitagion should extend
The prevalence of the opinion that no effective to them, was increased from the circumstance that
some oversight in
prevalence ol the opinion
discipline can be acquired in time of peace, from
militia trainings, has created among the people such
an indisposition to submit to the requirements of
the present laws, as to render it very doubtful
whether any additional enactments covj 1 be enfor
ced. I would therefore suggest for your conside
ration whether, instead of devising pew plans for
improving and enforcing discipline, good policy
does not require the repeal of the provisions which
experience ha3 shewn cannot be executed benefici
ally, particularly their present harassing and use
less penalties, and that the whole system be render
ed as simple and as easily executed as possible.—
An enrolment of all persons able to bear arms with
an annual review in each county, would it is be
lieved answer all the purposes of a militia system in
time of peace, and esjiecially if additional encour
agement should be given to the formation of volun
teer corps. It is not intended by this recommenda
tion to impugn the truth of the maxim that the
militia of tliis country form its surest defence.—
The truth of that maxim does not depend
upon the superior discipfine which the militia
can by any training acqi it e over regular troops,
but lhe persevering spirit and patriotism with
which the citizens of a government who enjoy tlie
the advantages of civil aud political liberty, will
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 the art of war it communicates, adds to
their security.
I feel it iny duty to call your attention specially
to the necessity of reforming the constitution, by
equalizing the representation of the people, and re
ducing the number of tlie members of the Legisla
ture.—In theory all admit tliat the people are enti
tled to a general equality of political power, as the
surest means of securing to every one an equality of
civil rigi.ta. From the acquisition of additional
territory, and tlie division ol the original counties,
tlie rule of representation fixed by the constitution,
has become so unequal that one-third of the people
are now in the enjoyment, through their represen
tatives, of an equal power in the government of the
State, to tlie other two-thirds. Most of the coun
ties which have thus acquired an undue proportion
of power, are in the same section iff the state, which,
from its climate and soil, must always be sparsely
populated, so tliat 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 tliis inequality, because it
has been brought about gradually, and has not un
til very lately been the subject, of public attention
and interest. Factions, sectional jealousies, par
tial laws, and the unequal distribution of the pub
lic funds, must result, from the present state of
things, if the minority continue to oppose with suc
cess the expressed will of the people for the res
toration of .the constitution to its true principles.
The public good therefore requires tliat an altera
tion should be effected as soon as jxissible. Accor
ding lo the constitution at the time of its formation,
the Senate was composed of twenty-four members
and the House ot Representatives of sixtv-two.
At present the Senate has seventy-eight members
and tlie House one hundred and forty-two. The
consequences ofetnis change have been an increuS'
the Indians were at that time in a starving condi
tion, and pressing info our limits, particularly the
town of Columnus, to procure the means of subsis
tence. Various, quarantine regulations were adopt
ed by the authorities of that town, to prevent all in
tercourse between its inhabitants and the persons
who were diseased or had been exposed to conta-
S 'on. These proceedings were sanctioned by this
epartment, as were similar proceedings adopted
by the Justices of the 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 law’s for
the regulation of quarantine, and to prevent the
spreading of contagious diseases, are so indefinite
that it was found exceedingly difficult to determine
what duty they imposed upon tliis Department.
The liberality ot the Legislature in adding to the
endowment of the College, has enabled the Trus
tees to replace the building which was destroyed
during the last year, contract for the erection of a
chapel sufficient for the accommodation of the nu-
meioi s visitor?, who attend the annual College com
mencements, create two additional Professorships,
and fill one which was vacant. There is every roa -
son to hope that the State will be amply repaid lor
the support which it has thus given to its principal,
seminary ol learning, in the improved capacity <ff x .
its young men to serve the public falthlully and
with ability.
The Trust* ? .s have been very much embarrassed by
the legal requirement that they should board and edu
cate at the College one poor youth from each coumy, *jj
account of the failure of the Legislature to provide the
necessary funds for that purpose.
The Academic and Poor school funds continue to be
paid ay ay from the Treasury, without any security that
they will be applied propeiiy to effect the object, for
wliiclUhey are appropriated. Indeed we appear to Lave
been expending the public money more with the view of
expressing cur conviction of the importance of education,
to a free people, than of actually securing its ad vantage-.
We have been paying sums to academies, that have only
an ideal existence, and for foe education of the }x» r,
where such a class can scarcely be said to exist, and
when all require its advantages. The annual reports of
foe Trustees of these funds prove that they have render
ed no public benefit, at all equivalent to the amount
which has been expended, notwithstanding that there
have been particular instances of the very useful applica
tion of both. It may’ well be doubted whether the pre-
rent plan of appropriating the public funds to lhe pin -
poses of education is not radically defective. If the p-ec T
pie are to be educated at the public expense, ought net
primary sclmols to be established in every district and
mode common to all foe children of the Slate.
The 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 rev .-
sal of them exceedingly necessary.—I would call your
attention particularly to the defects of our election law?.
Of the thousands of election returns annually itccii < d at
this Department, scarcely one is made in exact confoiiri-
ty with foe law. There have been one hundred law*
passed upon this subject, during the last six years, each
varying in its provisions from the other, without any con
ceivable object. Perhaps the multiplicity and contrarie
ty of their enactsm.ents cannot be more strikingly Exem
plified than from the fact, that eighteen different degrees
of punishment were prescribed for the same offence
tn the laws passed nt ore srsswn; and that by the
law ®f foe last session directing the election of sur
veyors in each county to survey the Cherokee territory,
the Superintendents were directed to make the returns
under their h/rnas and stals, and that in the seventy-six
rnfnrnc ink'/L T I i t %
ed expenditure for the support cf the *ro vein merit reUm , vs !* ave k een .received the law has not been
numerous local and private laws, various inconsisl i co ”! I ’ hed !n a ^ le ilis,an f e *, The duty of this De
tent nrovifiions in mniml i 1 | pai ment in determining upon the legality of elections-is
tent provisions in the general laws, and an uncer • InVIT"/. m u r°, n , * e ^hty of election?
i i- . j. I,u . * oncer- thus rendered exceedingly laoorious and difficult.
,,i„ and varying policy in the-ondne ol>McTf. j "^n
t- irs. It is specially necessary that the present or- j elections arc held in strict conformity with law, the cour.-
ganization ot the Senate should be so altered as to ' Ucs W *U be without officers, and if a different course is
reduce the number of its members to what it was 1 ft ttrs * u «d the law becomes nugatory. The Lest remedy
originally, and thereby make that body an efficient fnr thcse di<ficu!fies wou, d seem to be the substitution of
check upon useless and improvident legislation, and ! °!f , eeneral law s,m P le and explicit requiiemeui.s, for
destroy the united action which now takes place I a Y 1,a ’ «re»™ in force upon this subject.
t^t«r« en t j ie Senator and Representatives of the a c '? m P I,aBce ' VI ‘ h the request of foe Legislature I all
ies, and produces our vast superffuitv of’lnenl ! r f ssed £ letter to the Stockholders of foe Darien Bank,
counties,
and priv
l f induCed J? vote for an amendment of the j that letSu^foe?JrifoThe ^jcre^ceivld are°Krci
constitution, according to the expressed will of the i Y rth communicated —Tlie offers of sale have been but
pcop.c upon this subject, I would recommend that * ew » * nd *t but very small discount, (t is believed that
it be referred to the people themselves, and that! ^ ie P arc hase upon any terms would be an exceedingly
resolutions be passed advising foem to elect mem- ur J Wo ® la K e "PPjfeadon of the public funds,
’ ' ^ * transmit copies of the Reports w Juch have been re*
cetved from foe different Banks.
bers to a convention for tha t purpose
The Congress of the United States bavin* failed
The notes of our Domestic Banks form at present fo«
entire circulating medium of foe State. It is therefore of
. 01 me dividing great, importance both to the Government and he nacl
run by two com
missioners, an artist and surveyor, as directed bv
your resolutions. The President was informed of
the tunc and place of their meeting tn
ed as to prevent the evils of vicious currency. Not
withstanding our staple productions have been constant-
declining in price for the last ten years, foe number of
our Banks have been as regularly increasing. And at
The Commissioners after the most accurate ex-
amiTiation of the different streams which form the
ttivpr St. Martr’c nnd ** • v
they
can be produced. There is seme renson’'to’apprehend
that the desire for foe increase of Banks proceed! as much
bom the spirit of speculation, which the universal habit
aisncs OI me state Tk™ k mode ol punishment, thatit
the War Demr* ’ * hrough has been greatly jmproved of late years in many of
cessary instructions were not made out uVZ- ^ Li: states; that in some of
the offices of e min rat ion until the r. 1 hem large profits have been realized from the la-
pushed Lead of ,C it' <=o„vict s , ; and that i„olhm «ar£.
0*
Yon wilt a • 7il af D< 'P artlnent came into office.
I.™ J? f K e P 0 !* 1 ? which are laid before
you, the fullest evidence that the Pivaiden#
usiltt? all the nipano _ .T. rC8,dent _ ,S n «W
uITrf Jte.®! 5 ?" 8 hi* command .o m
ducc the Cherokees peaceably to relinouiah
occupumnghu. Themi s li,./edlbS',wi^ r
• . »» — - •** vim io ©tillUC
ly any instances occur of second commitments* i 0
it not reasonable to ascribe tlie failure of the Pen-
itentiary in this State, rather to the defective man-
nerin 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 n U r-
pose, to make a full and fair experiment before it
is abandoned. Ouglu we to throw away all the
tamable experience which we have acquired, antf
River St Maty’s, and the *«rro^
c.ime to t he conclusion upon evidence which is be- i r ^ e necessity for an additional quantity of currency to
!L V K>»#ft*i™!oilW*»
the St. Mary’s, as defined in the treaty of 1795 ! Government iseonferring upon particular Sporat
was to be found at the source of its middle L l!^ S'®!!* " ght of ss ^ 1I «® ote3 to supply tin! pl ac
its middle or wes-1 specie, it oughf assuredly to protect the interest offoo
foe present and several ....
ions
place of
opinion than either of its branches.
f
c'V-Tiri I . ucsjguaiea oy JWiicatt,
and the Spanish Commissioners, for the head of the
fe ^ ar tf 8 ’ f T ni, llOU three hundred thousand
acres. Most of it is exoedingly sterile, but inter?
sected occasionally with tracts of very productive
soil Much ol that which is . valuable lias been al-
ready sold and granted by tlie United States. It
will therefore be necessary foryou to have the title
tried, and to direct the manner in which the territo
ry is to be disposed ©£ if the determination shall
“ Vt tav^r cf the State*
, •*. "7 consiuered unable to re
deem its notes, in specie, upon any sudden and •’enerel
demand. The community is not at present sufferhi anv
particular injury from ibis state of things, becauaTof di 3
regular state of our home and foreign marker and foe mi.
d^tivbcd quiet of foe country. Convulsions in trade
will however take place at-some time. Upon foe
general demand lor specie, foe Banks must press their
debtors, curtail their issues, and perhaps stoppavnient
It is well worthy of your conwferation, whether seme
precaution «Kmo; o* used occurrence efevife