Newspaper Page Text
gdoiigian.
proceeding. Tho Supreme Court howewiltho constitutionality of the law, l considered | legislation shall bo bad upon this subject
took jurisdiction of the cuko, hut finally dis-1 myself compelled te obey it« requirements. Permit mo most respectfully, to expresstho
missed it upon the ground that the Clicro- Orders were accordingly given to the guard, j opinion, that the condition upon which that
I . .. . . . r .. ■ * b. ■ I .. 1 I . .. VI! i ill fl ll'llA III I ( rl IV A • toil I I if I . . .1 I <« I . ii.ln nliAPIl llAII i.ilnlit nnl lit lui
PMU I'M* H
C«H'NTMV I'APIR
Kinii r IH>|.|,MIN
::: rivK uom.aiik I proper
keeH were not n loreign nutioh.
these opinions, 1 feel it my duty most car*Iter and agreeing better with contemporary*
neatly and respectfully to recommend that ous opinion than either of its branches, Ihfl
the Penitentiary be rebuilt according to the qnnntity of land between the line run by the
i * i i l •_ .1* .1 .tin, ii I nnl inn rtl
' II'I'I" ’ • " * nv n O” P t ll|MI,llfll| lll’i* I'll- I' - ■ ■ - - ” j t -| V - . - j . I
to arrest all persons who miglit attempt to dig i law was to go into operation, ought not to be j most approved model, that the number ol j Commnsioners and that Irom the junction ot
•I r j-UI liiurUmmenu .!/</»<»' m M exceedingly disrespectful to this .Slate, injur-
lu making this decision, the court thought | for gold, leaving it to the judiciary officers ' repealed. If it should, and the Cherokee
, .oper to depart from the discussion of the to commit or discharge as they might think j lands distributed according to its provisions,
particular point before it, to expressopinonss proper. These orders have as yet prevent- j the effect would lie, to deprive our Indian
exceedingly disrespectful to tins Slate, injur- n| intrusions. This will not however con- ! population entirely of their possessions with-
ious to its rights, calculated to thwart the pel- 1 tiniie, to be the case, if it should be ascertain-> „ ( ,t their consent and without any equivalent
icy of the General Government, and to keep J tlmt the law may bo violated with impnni. jTho character of the Stuto, thointerest oftht
' alivo the excitement widen lias urisou out ot
llic conduct of our Indian affairs.
limy bo violated wun impnni. jTho character ot ttio ttlutc, thointerest ofthe
There is nIso reason to apprehend, that j Union, respect for public opinion, and the
I cells for solitary confinement, which have . the Chattahoochie and Hint rivers, to tho
been directed to ho built, be complolod ; and I place designated by Ellicott, and tho Spanish
that the necessary laws for rendering its po- Commissioners, for the head or the St. Mary’s
lice cffcctivo be passed. In addition to tho . is one million tlirco hundred thousnnd acro9.
appropriation which will he required for this Most of it is exceedingly stcrijo, but intorsec-
piirpoflc, n furliicr sum will be wanting for tho ; ted occasionally with tracts of very productive
purchase of materials for manufacture and soil. Much of that which is valuable has
.1 .. I . (....tll.ill,,.. I I. .1 .,1.1 ...n .if.i.l lt,r flirt llrtlfrt.1
heller calculated to excite its sympathy, than
lho conduct of Georgia to the Chorokces ;
! that they have been continually deprived of
t»i<* decision of the court lias thrown an al- rights ofthe Indians, forbids that so gross an the immediate support ofthe Institution. ' been already sold and granted by tho United
most numerable obstacle in the way ofthe act of nnustice should be committed. The bill winch was pnssed at your last ses- States. It will therefore he necessary fur
rim Court affirms, that no case could be i most insuperable obstacle in tlm way ofthe act of injustice should be committed
. I I . I. .... ... I . .11 .. # I ■ ■ , . ■ it ■ ...I * I _ h.nl.lAM I... lll.l IT.I.I.iil 4 1.1 I .1 I, .1, .11..,
Aorta, which arc now making by the United .
Although the rights of soil and jurisdiction j siou to rcgulata the internal police of tho you to have the titlo tried, and to direct tho
Stales, to induce the Cherokecs to emigrate, 'arc attributes of sovereignty which belonged j Penitentiary, was considered uueonstitution-1 manner in which tho territory is to bo dispo-
()f the white men who Imre been residing to the State when it became independent,and j al, and therefore not signed. Tho reasons j sed of, if the determination shall be in favour
their lands, until they at present retain no j among tho Cherqkecs, two hundred end thrup with which it has never parted,* and in the j for withholding my signal urn, together with I ofthe State,
" r i oxerciao of which it cannot bo constitutional- coi * ** ‘ “ 1 '
pies of the bill, accompany
The members of tho Guard
&A Y A W XT AH t
~~HATl KIMV MOHN1NG, NOV. 12.
{I 7*» Tho omiMion ol advert mmrnt* nml oihrr
nnlli r, ii ifcnintni fuf by lho Icngili of llio GoVcnof*«
jntcreaiirg (Milage.
ftrP'Vc aniho'tanil to annonnrn Dr. II.
flalKti, of Hancock Coui.'y, «» a c«n«tuhUu |yr Can-
grnr, lo fill (lio vacancy of .Mr. Lu*npkin,^Pq. d«cl-
t«l Governor.
Mr. Piiillirt.ioacherln Ihi* ciiy.who wa* formerly
in 'Hirer in lh« Hr.'iiH Kill Imla G *m,.ii.y’« rvice,
and for lixteen yoar* stationed ut H». Helena, wh» -e ho
wai married, liaa lainly received from dial Island, via.
Holom, a piece of the rock adjoining dm lomb of Na-
l^»lcon, which was .ml out »«» Hun by hi* lather-in-law,' thoflo segfiral statements of the court
Mijor W. fl* *' fl. Piecr* «>f lho ramo kind aro cag-
eily fought for and purchlt'd at very high price, by
na>acne«ra from India and lho l»lu* of Franco and 0 f ... . — - r - , . ...
ii t* t a h wider of dm namo of l.-wia k . in-1 peaceable possession oftheir occupnnt nglds. Government, ns to the enforcement ofthe I control its jurisdiction over crimes committed > consider necessary to establish a correct sys-
iu n, am ji ^ b y manufaeinrmg Intruder* have been removed from among laws of Georgia ; that they had been treated j within its limits. It is much to be r«gr» tied tern, by some inadvertence failed to receive
rM p ' ,. 7 drop* seal* I them by severe porml laws. Nono o r tlm l witli groat forbearanco ,* and that they were that the prejudices and unfriendly feelings
from »*, auch a, ntr ac ^ " ( [ burdens of Govorunumt havo boon imposed tho meru instruments in lho hands of others,; which Imve already been excited among tho
upon them. Instead of being reduced toin of promoting and extending party et rifb. It bcoplc of difTerent sections of our Country,
.............. .. 4 * !I ...., m.iPll ll.'lll Ulllll.'ll'llf III!" i ... .... Iii.il..... Iilrt .llufllW.ll#,!, tlkflf ll.flrtlk rau I ... I I I ........ . i . ..I.,*.1.1 l.n t...
this message. You arc referred to the reports of tho Sn
ot* the Penti- perintondonts for un account of the extent of
tentiary are at present under no control, be-' road which has been made by the public hands.
’ * ” * “ * res ofthe superintendents for
more Ilian is necessary lor their comlbrtnbje havo taken tho oath to-support tho constiti
I HIlllSISlOlIC *
' of govern. „
| the government recognize them to be
| Htatc; and that the Courts arc
those nets, tlmt they have the unquestionable
and hitherto unquestioned right to the lands
which they occupy, and intimate to them . r>wwwi s o . .
I that it will redress their wrongs when the Hoard of Foreign Missions in IJoston. Al- lalurcs of several of the States, upon subjects , them their proper punishment, and subject $3000. This dcficicncv should bo supplied
lonco ; that they form a Htote cnpalilc tion and laws ofthe State, and Received li- |y controlled by tho United Stales, it docs not J
erning themselves ; that tho acts of; cmiacs to continue tlioir residence. A most ifo]|ow that thoso rights authorize the State to ^ ......
“ n to he a obstinnte and per verso opposition lias been j place tho Indians beyond its protection, or to cause the law whichidirects the manner of! The expenditui
3 bound by made to the authority of the State, by cer- ; take from them tlioir possessions, to bo dis- their punishment cannot he enforced. I would the three first quarters ofthe present year
——1,1^. tuin p,, Taon8 ropreaeniingthcmaolvus to be re-1 tributod oxclnsivoly among another portion i 1 hereforo recommend that yon define speci- j have amounted to the sum of 8lT,ol8 (10.—
•ds , ligioiis Missionaries, urn! particularly those of its population. ' fically what acts of tho members oft he G"ard, j [t is oHimalcd, that the annual approprlrtion^
Bin 1 who have acted under the direction of tho I Copies of Resolutions passed hv tho T/*gis- ns such, shall be made criminal, affix to of 820,000 will pro*o deficient by the sum of
application is made in proper form
though some sectarian zeal was for the mo- („f General concern, are laid before you.— j them to the jurisdiction ofthe Superior Court, i
The resolutions which passed at your Inst
rmit me to call your attention briefly to j ment excited through various misropresonta- j Your attention is particularly called to’ those
1 lions of the conduct of the government to- f roin Massachusetts and Connecticut, charg-1 session authorising me to appoint n Board lo
| wards those men, it soon passed away, when 1 m g this State with the design of dissolving he composed ofthreo officers, whose duty it
’ should bo to review the Militia Laws, and
to i recommend such alterations as they might
And wliat wrong has Georgia, done to its _
j Indian neoplc, to call for this extraordinary it was discovered that they had boennsne- the Union, because of its expressed determi
sympatny of tlio court! They aro in the lively opposed to tho poliev of the Osncral j nation not to permit the Supremo Court t(
J lo protect Ilie
»»«iliing fiari'l*
I pice. • of tli a (
ainl '
1 Hi. Ilolcnn
inon, dcrivi- 1
r.rnniiic'nta
fcc. A aorgranl ami gu-iril
lonib of lho hero. H«t, id*o, ih-rn
aottio froov viailcra, by lulling them
rock al n dollar each.
Tho fragment mnv ho aren in our »««ltoom. li
,a solid, very validity, hnn Uoimly veined,
II,irk would hour a fine polish.
Major ScAi.r, in hit l«"or a.r
r+nuirU ul'orod since yon left—lho whoU \<
„.l telling, lliing. v«, high, I* in.Un.:f,bn.t.n.l
etnllnn from li. 3.1. lo I*. 0J. tiding per lb.; pork
It. in I". 33. | iluuUe is. 6d. | fnwi. 'Is. 'I urkoyt.Jr. j
gCCMJ loit
The following gentlemen warn «,n Mmnl-iy In^t rl* ri-
n,l ilIrMlort or lho Angnila Iniuranco nml Banking
Gompany •.
Peter Hennoch, Moara \v. half r,
.lobn Foi, James MfDowall,
.1. II. Biahop,
\V. W. Alcuiigomcry,
J. K. Kdhiirn,
A. I. Milter,
[ remnant of land not more than sufficient fori jg a n honorable distinction that belongs to by jarring and local interests, should bo im
their oomfortablo lubsistenco, they aro in tho j our country, that its eitisons are neither pro- bitlered by unnt eeesary intermeddling of one
possession of near live millions ol acres in Leribed for tlioir religious opinions^nor pro. i state with tho affairs of nnothnr. In wlrnt
this 8tato alono, of wineli tho aborigines do toctnd by them from punishment for crimo. j Georgia lias done, ujid what .Massachusetts
not cultivate more than five thousand. They , Twelve persons havo been convicted for il. un< j Connecticut condemn, others have only
are indeed becoming more nml more dosti- legal residence, and sentenced to coniine-
ment in tho Ponitontiary.
been pardoned upon the emulitum that they
! perceived the fixed resolve ol the Statu to
They havo ail | Biistniu its constitutional rights. Georgia
has claimed no right to nullify (in tho vurbi-
, tuto. Not howovorT from wa nt of land but
i\ , because their situation U uusuitablo for the
improvcmenl and happiness of an Indian peo
ple. . _ ,
la it true that lho Chorokces have an un- j who refused to he the subjects of Executive I from attempts to control its authority whilst
questionable and hitherto unquestioned right cluinoncy, upon auch terms. .
* * Tho enforcement ol the Cherokee laws,
wojild not again oflend against lho laws, ex’- of*t|,o day) llic Acts of the General (»o-
cepl two of tho agents of the Boston Board, 1 venunent, ami only demands an exrmplion
Nieholm IV' laiglo,
!Uy* Bowdrlo,
Alrjttiul^r Graham,
William Harper,
.1. I.. Atulcraon.
exercised upon such subjects as arc within its
exclusive jurisdiction.
In the month of May last, the whole ofthe
. interior buildings of the "Penitentiary were
That portion which is in Tounossc was ced' d j evinced Mi tho part ol the Indians, to bocomo | consumed by fire,together with a large quan-
by North-Carolinn lo the United States, upon members of our community. Tho maso of j tjf V of its manul*
the people arc indeed not prepared forit, and * tcria!
would no doubt) have-long sinco accepted 1
the olTers of the United Stales Gov
... the lands which they occupy ? Thoso land , . _
form portions ofthe territory ofthe States of has been, completely suppressed within this j
‘J.Carolina, Tennessee, Alabama & Georgia, i State. No dispositi.m has however been j,
38
31
3*
by North-Carolinn to the United States, upon
the express coin! turn that it should form a
common fund for the benefit of tho Union,
and bo applied to the payment of tho public
debt. That portion which is in Alabama,
was sold to thu United Stales hy this Slate,! f
moat, to give them possession of a territory
. .i.. \v,. s t ofthe Mississippi, in cxchanf
TUB KF.G ISliATt UK.
Our nccoi.nl. from MilUtljov.llo, nr., nj. lo Tw»!*y
mi. On Momlny, both Imusoa met m 1 In'idiick, nlmn
TIinniM Stock* wa* oleclcl Preaidont ol ilm Smutc,
amt Ivcraon L. Ilarn*, S. cro’dry
For Proulcnt—Si oik*,
Wool* n,
Sccrclnry,—Harris,
Ciillibert,
Henry Darnc’l, Mcwng-r; It. K. Hrown, Dnor-
krepe r. In tho IIoiih®, Admry Hull was elected •pea.
her ami W.C. pawaon, Cloik.
For Speaker—Hull, 1-
IfatiJ, W
For Clork—Dawion, " ,l
Julian,
8'aplct-m, Meaaengor; IloWhw, Poor K-oper.
tiovrruor Gilmer iramuuiUeil hi* annual Mcasag - nl
j.j o’clock an Ttioeday, which will bo found in this day*
Georgian.
The m joriiy of the Troup parly in the Smmie »*
hm, and in tho Home from f.mru • n l<» oig'.ncan.
Ow ii|{ lo informal roiiirn*. fr m c .iiniio* gbing nvijor-
j ic* io Mr. Lumpkin, Mr. Ciilmor wa* i.\pei:ii , «l lo
have a in .jori'y of 300 vol. a. Thw boon a kto-U
diaappotntinant to tho Clark parly, ami tho gn .lcd
cvcilament Im* shewn it*nlf among Hi urn eompoamg it,
to much *o that ncl* of violence havo oven boon ihroat.
rued, in lho event of ihnao vole* bring inva’i latol Aiwi
Mr. Gilmer amUinoJ, forK' «"ng that defective rrlurna
havo always hern set a-ido, nml dial at tlio last oloe-
lion for governor, *<!vcrnl llioiiaand vole* were then lost.
.Tho friend* of Mr. I/impWin, agreed, »houbl Mr.
Gilmer b« declared Governor, to loavo Milledgovillr
and retire to their re*pc< live homo* ! Thie would, m-
Jcrd. bo a aovol proofed in g, bat wo hardly ilno\ it wa*
executed.
Mr. Sayre is • candidate for Judge, ii> op;>o*iii >n lo
Win. II. Crawford | ami A. H. LmgHroot and W.
Schley, oppose Judge Hob, of the Middle Circuit.
The friend* of Mr. Gdmev, contemplate tcad. rmg
him l pubiio dinner, on hi* retirement from office.
MilVIgovile i* more crowded with viaiiorp, linn Im*
bo. n known for many years, *o much *o, dial lodging*
arc oblftine\l with diflicuby.
Our Senator to Congrea*, G. M. Troop, wi 1 bo in
town in a low day", on lua way to Wndilnglon.
This IHy, nt 12 oVInow, lho Governor
tnuutnittcil to both brnuchi's of lho L»*giwla-
turo, the following
MESS AG E :
F.XRCVTIVB Ur.l'NUTMl’N V. G\. )
Millcdgcvilli', You. H, 1831. \
In obodionco to official duty ,1 proceed to lay
before you an account of the transactions of
the Kxecutivo branch ofthe Government, dur
ing tho past year, and to recommend for your
consideration, such measures as are doomed
beneficial to tlio State.
'I’lic resolutions which were passed immo.
diatoly previous to the adjournment of your
Inst session, upon the subject ofthe citation
of tho Chief Juslico of the United fchntos,
were carriod into effect. Tlio Indian Tas
sels paid tho forfeit of his lifo according to
tho demand of tho law, which ho had viola
tod. A writ of error to stay tho proceeding*
ofthe Superior Court m that case Iwd been
sanctioned by the Chief Justice, and like the
citation to the Governor, sent through tho
Post Offico to tho officer,, whoso conduct it
was intended to control, thereby evincing
the disposition not only tod'srogardiho high
est powers ofthe 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 duty.
Within n few days after tlio execution of
Tassels, u lottor was recoivcd from John Boss
in which ho states, that tho Cherokecs wore
about to apply to the Supreme Court ofthe
for a valuable consideration, and before any i lor thoir present occupant rights, but lor the
attempt had boon made to extinguish tho titlo I controlling influence of a class among them,
ofthe Indians, or to exercise itirisdilion over almost exclusively made up ol thu deuendants
ofthe Indians, or to exercise jurisdit ion ovc
them. In consequence of which sale it was
ofthe whites
;!y made up
and even that
class would
The guard by the assistance of tho
citizens of this place and tho officers of tlio
Institution, wero enabled to prevent the es
cape of any of the Convicts. They were im
mediately employed by the direction of the
Inspectors in preparing temporary prisons
and work shops, in removing the walls and
rubbish ofthe destroyed buildings, and in aid-
in the erection of cells for solitary con
the signature s ofthe officers of tho House of
Representatives, and could not therefore be
curried into effect.
The returns ofthe Brigade Inspectors and
reports from other officers sit nv, that the
militia is in h state ofdisorg mization through
out the State. The prevalence of the opin
ion that no effective discipline can be acqui
red in time of peace, from militia trainings,
has created among tho people such an indis
position to submit to the requirements ofthe
present laws, ns to render it very doubtful
whether any additional enactments could be
enforced. I would therefore suggest for your
consideration whether, instead of devising
new plans for improving and enforcing dis
cipline, good policy docs not require the re
peal ofthe provisions which experience has
shown cannot bo executed beneficially, par
ticularly their present harassing and useless
penalties, and that the whole system he ren
dered as simple and os easily executed ns
possible. An enrollment, of till persons able
to bear arms with an annual review in each
county, would it is believed answer all the
purposes of n militia system in time of
pence, end especially if additional encourage
ment should lie given to the format ion of vol
unteer corps. It is not iniondud by thii
made a condition of the admission of the! perhaps before this timo have consented to ij.^mont. In consequence of this application commendation to impugn the truth of the
(State of Alabama into the Union, tlmt ii! remove, but for tlio support and encourage- 0 f the labor ofthe convicts ami the loss of maxim, that the militia of this country form
should disclaim nil title to tho Indian lands ment which they have received front different I dm materials which had boon pro pit rod for im surest defence. The truth of that maxim
within its limits, t»n United States declaring j parUofour country .and tlio importance which
hy law that it had the solo mid exclusive pow- their leaders have acquired, by being made
or to dispose of them. Tho United States
Ims acknowledged that this Stato has botl
the instruments of exciting the people to op
pose tho measures oftheir Government, and
the right of soil and jurisdiction over that directing popular resentment against those
portion which is within its limits. | who administer it. .The state owes it lo itself,
Il is difficult to conceive of any proposi- to put an end io this state of things, so far as
tion tending to nioro absurd consequences,
than Hint laid down hy tho court, that any
I Indian tribe with which tho United States |
i forms contracts, to which the term treaty may
he affixed, becomes u nation, capable of gov-
it can bo done consistently with the rights of
tho aborigine?.
Fortius purpose I would specially recom
mend, that you pass laws requiring under ade
quate penalties, all the Cherokecs who hnv
manufacture ami which could not ho readily J does not depend upon thn superior discipline
supplied, the amount of sales during * lie past J which the militia can hy any training acquire
year have been very small and wholly insuf- j over regular troops, blit the persovering spirit
ficient to support, the institution.. Seventy I mid patriotism with which tho citizens of n
five cells fo
nearly com;
the most durable materials, and in such man
for solitary confinement have been I government who enjoy tho advantages of civil
mpleted. They are constructed of ft „d political liberty, will always defend their
rights. The question which is presented to
ncr ns effectually to prevent the eourntmica-1 you is, whether the burdens of tlie present
- * —-.»- —i- —- *!.«.» — when considered in comiec-
ioii of tho prisoners with ouch other, their j militia system,
senpo, and all future risk from fire. I lion with its inefficiency, do?s not detract
ns soon as possible.
This state has us yet made no exertions to
profit by the gient improvement which hove
bjen lately made in tho moans of transporta
tion. Considerable interest has been mani
fested hy tho people during the past year unon.
this subject, which it is hoped, will lead to-
same practical and beneficial result.
I would recommend to your favorable con
sideration a communication which has been
received from a citizen of Hull county, a copy
of which accompanies this Message, giving a
detailed staierrt^nt of the present difficulties
which obstruct tho navigation of tho upper
part ofthe Chuttnhoochio River, an estimate
of thu expenses of removing them, und the ad
vantages that would result therefrom. With
out adopting entirely tho views presented in
that communication, 1 would observe that the
productions of that portion of the fSV^rp*
which is eituatel upon the head waters of
the Savannah and Chattahoochie rivers, con
sist of corn, wheat, tobacco, Iron and lime, nil
heavy articles which loose a large portion of
their value from the great cost of enrrying
them to market, and cannot, therefore, bo
made to add their proper proportion, to the
wealth of lho Statu, or offer the full reward
for industry, until tho present means of
transportation arc improved.
During the last summer, tho Crook Indians
on the borders of this State, became infeclgil
with the Small Fox. The great alarm which
was excited among the people least the con
tagion should extend to them, was increased
from the circumstance tlmt tho Indians were
at that time inn starving condition, and press
ing into our limits, particularly the town of
Columbus, to procure thu means of subsis
tence, Various quarantine regulations ivcro
adopted by the authorities of that town, to
prevent a'l intecourse between its inhabitant?
and lho persons who were diseased or had
boon exposed to contagion. These procee
dings were, sanctioned by this Department, ns
wero similar proceedings adopted l.y the Jus
tices of tho Inferior Court of Troup county.
The expenses incurred have amounted to tho
inn !of$IHVl,40.
escape
From inti
ous parts of
! erning itself, und entitled to the recognition ! received reservations in fen, or been paid fur „f the buddings of the Fumtonliary, tlmrc is | cute
j ofthe courts, us States. It would bring into their improvements and who havo again set- no j„ubt but that an effort will be made du-
' being hundreds of Slates, ut^erly incapable of tied upon the lands occupied by the tribe [ ring vuir present session, to abandon thesyi
....I,* I I - I . I...I — It-, till 11 till.. Sll-ktrt to a-.k.l.l.t-rt t I.C1 l*rt C—rtl rt ' . n .. a. 1 ... .. ■ : ...... ..I. ........ nl, ....... l.n
Copies of all the papers
.... . . upon this subject, are hero with cominunica-
lications of public opinion in van- ■ more from the value of our privileges, than I t R( |. The laws for the regulation ofquarau
f the State, since the destruction j any knowledge ofthe art of war it commuiii- J t.jm • ‘ . ..
adds to their secu-ity.
self-uofunce, or exercising one attribute of
National Sovereignty, ll'the opinion ofthe
court ho correct, thou all the territory which
war acquired hy the original thirteen provin
cial governments of various Indian trilies, is
yet tlio property ofthe aborigines, because llic
treaties hy which it was obtuinod wore inval
id, not having been made by the King of
within this Slate to remove therefrom
Tho law for surveying thn Cherokee Ter
ritory, into sections and districts, has been
executed without difficulty. - Ono ofthe sur
veyors (Deni. II. Sturgea,) failed to perform
tlio duty assigned him. I Its bond remains
to be sued upon for tho return of public money
which ho received and has not accounted
Great Britain,who alone had the power of cn-' l«»r.
taring into national compacts
Another difficulty equally embarrassing,
would arise out of our relations with the
Cherokecs themselves. A few yearn ago,
the United States removed a portion of that
tribo to the West of the Mississippi, ami
placed them upon the public land, ami have
since made several treaties with them. Which
j Tho Territory surveyed has been organiz
ed hy tlm election oftwo Justicosofthe Peace
und two Constables in each section. These
means howovor nre entirely inadequate for
ill; execution of tlio laws, or the preservation
of order. Tho formation of a county to ho
composed of oil the Territory occupied by tho
Cherokecs within the Slate, and winch now
is now the Cherokee nation, the Indians who j forms parts ofthe Counties of Carroll, Do-
reside on tlio hinds of tho United States, or K lb, Gwinnett, Hull and Habersham, is
thoso within Georgia ! But whatever obli- perhaps a necessary measure to gtvo protec-
gations tho Uuitcd States may havo incurred tion to the rights ofthe people umMirmo into
by its contracts with tho Cherokecs, it has j subordination those ofthe CheYokces who may
no constitutional authority to limit or in any ! otherwise disregard tho authority of the Gov-
manner alter the territorial nights, which be
longed to this State, when it became a mem- j
ber ofthe Union.
Upon no subject has there boon more mis
cr.imont.
The Agent who was appointed to rent the
possessions relinquished by Indian Emigrants,
has performed that service. According to
representation limn in relation to tho govern-1 l»|a report tho number of tlio Lessees arc
ment ofthe Cherokecs,
if Penitentiary punishment altogether.
Tho well being of our community is deeply j people, and reducing the number ofthe incy^
concerned in the course which you may pur- j hors ofthe Legislature. In theory nl! udmlf
tie.
I feel it my duty to cal! your attention spo
il!)' to the necessity of reform ng the consti
tttion, by equalizing the representation of tli-
people, and reducing tl
iiers ofthe Legislature. In theory nl! udiifl
tine, and lo prevent the spreading ol'conta-
( gions diseases, nre so indefinite that it was
' found exceedingly difficult to determine wbut
Tho Penitentiary Ins as yet been cn- j that the people aro entitled to a general equal
countering the difficulties which aro noecs-1 ity of p ffit'c.il power, ns the surest means of
cinlly to the necessity of reform ng the consti-1 duty they imposed upon this Department.
1 1 ‘ The liberality of the Legislature,“in ad-
ning to the cndnwnment ofthe College, Ins
enabled the Trustees to replace the building
wh'cli was destroyed during the lust year,
sarily attendant upon all great and novel tin- j securing to every one an equality of civil
dertakings. Its officers have been unexperi- > rights. From the acquisition of additional
diced,tho buildings unfit for the purposes for territory, ami the division ofthe o iginal coun-
whicli they were designed, mid its entire po- j ties, the rule ol representation fixed by the
lice excci iingly defective). Instead of being ! constitution, Ins become so unequal that one
fostered a favourite institution by the third of the people aro now in the enjoyment,
- • 1 through their representatives of un equal pow
er in tlio government of the State, to tho
other two-thirds. Most ofthe counties which
have thus acquired an undue proportion of
power, aro in the same section ofthe state,
which from its climate & soil,must always he
sparsely populated, so that tho inequality of
representation which exists nt present must
continue to increase. It is true, that no ve
ry injurious consequences have, ns yet, pro
state, it has met with constant opposition.—
It ought not therefore to he matter of aurpi izc,
that it has not produced tho entire gooff ef
fects that were anticipated from it. The
question for your determination should not he,
whether you wifi abandon the Penitentiary,
on account of its present defects, but wheth-
or it cannot bo ho improved as to prevent tho
commission of cruncs with more certainty
than public whipping, pillory, branding, im
prisonment in tho common jnils and hanging, j cecded from this inequality, because it has
It is objected to the Penitentiary that it j Iron brought about gradually, and lias not un
shorn a continued expense to tlio Sta’c. | til very lately been tho subject of public at-
Infilling this to be tm?, ought the expendi- tention nifil interest. Factions, sectional
has
Adi „ „ . ....
lure of a few thousand dollars annually to be jealousies, partial law
a matter of any consideration to tho Legishi-
lure, in adopting the host means of preserv-
, and tho unequal dis
of tlio people of Hint tribe. Upon
and the civilization | ninety six, and tho rout contracted to be paid I j„g the reputation, lives, property and per-
■ibc. Upon ex.union- for the year seven thousand six hundred and Uoiml liberty of every member of the commu-
sonal liberty of every
I nitv, from the lawless attacks of tho vicious
. Any attempt to remove tlio Cherokecs du- aIl( j ||, 0 violent! From tho result ofthe al-
without any of tho spirit ring tlio pendency oftheir application to the terations which wore mule in the govern
ment of the Penitentiary three years ago, and
what lias been effected in similar institutions
mg ‘
tion it will be Ibuud that tlio aboriginal poo-1 s ; x dollars,
plo are as ignorant, thoughloss and improvi-
uont us formerly, without any of the spirit
and character which distiliguised •them when ! Supremo Court, was considered useless.—
war was their employment, and tlioir support : The opinion expressed hy tho Court in nn-
denvod from the forest. That nono of them king its decision, and the use which was made
in this State, with the exception of one lain-! of them, rendered it highly improbable that
ily, havo acquired property, or been at all tho General Government could treat success-
benefittcdby tho improvements which have! fully with the Chiefs. From information dc-
boen made by others among them : Tlmt the rived from various sources, I was convinced
Chief, tho President of tho Council, the ' ,I,B * H,n ««"i.i *»->» ...wirt. ««{«*!»«
other states, it. is confidently believed that
this objection may be removed altogether.
It has also been urged against the Peniten
tiary, that it has not succeeded ill reformin'
convicts. It may well ho doubted whethei
human institutions can effect much in Iran
I that tho Chorakoos could not under existing
Judges, Marshal and Sheriffs, and most oth- 1 circumstances be roinoved except by individ-1 funning vicious into virtuous men. But
cr persons concerned in the administration o ils and families. letters wero accordingly , whatever might be effected in reforming con-
of tho Government, are tlio descendants of addressed to the President and Secretary of j V j c ts, wo have had no reason to expect any
Europeans, nml many of them citizens ofthis I War, urging the adoption of this plan, and j sllc |, consequence from our Penitentiary, *
and tlio adjoining States : and that the III- J the right of the State to have the Indians re- ] cause until the appropriation for buili
dmns instead of living under th«*ir own simple
usages and customs, nave been compelled to
submit to a system of laws, and police,wholly
unsuited to their condition.
Immediately after tho law was passed au-
tkorizing the formation of a goanl, forty
mounted men wero organized under the di
rection ofuclivo and intelligent commanders
and stationed within the territory occupied
by the Clierokees, 'with orders to prevent
trespasses upon tlio Gold Mines, to suppress
tho authority of tho Indian Chiefs, and to
remove all white men from among tho Cher-
okues, white men from among the Chorokces
who dill not obtain licenses to continue
their residency as required by law. 'Phis du
ty has been performed in n manner which has
r , bo-
^ . w „..„ w ...„ building
moved from within its limits independently | CR || 8 f or solitary confinement, its manner of
ot tho success or propriety ot the General ’ punishment was only calculated to corrupt
policy ot the United States as an act of jus- j a( „j degrade them. All classes have been
lice arising from the contract ol 18(12. You j put together in the same rooms nt night, and
no efficient restraints placed upon their in
tercourse during llic day. The groat advan
tage of the Penitentiary System consists in
its withdrawing from the community for a
length of time its most vicious members, and
_ so operating upon the imagination and fears
ol that department camo into office. You 0 f bud men, hy its peculiar form of punish-
will find in tho papers which aro laid before ment, as to prevent the actual commission of
you, the fullest evidence that tho President crimes. The habit of idleness and improper
is now using alt the means placed at his coin-1 a g 30C jatjons produce most of tho offences
maud to induce tlio Cherokecs peaceably to j against society. It is therefore, that con-
reliunuish their occupant rights. Thoro is | stant compulsory labour and entiro seclusion
litle doubt but that success will be the result from all intercourse with others, is tho most
will perceive in tho President's answer, his
strong desire to gratify the wishes of the
State. Thro’ some oversight in the War
Department, the necessary insrructions were
not made out for opening the offices, of emi
gration, until the present distinguished head
contract for the erection of a chapel sufficient
for tho accommodation of the numerous vis
itors who attend tho animal College com
mencements, create two additional Professor
ships, and fill ono which was vacant. There
is every reason to hope tlmt the state will he
amply repaid for tho support which it has
thus given to its principal seminary oflc&rn-
ing, in the improved capacity of its young
men to servo the public faithfully and with
ability.
The Trustees have been very much em
barrassed by the legal requirement that they
should hoard and educate at the College one
poor youth from each county, on account of
tho failure of the Legislature to provide the
necessary funds for that purpose.
The Academic and Poor school funds* con
tinue to bo paid away from tho Treasury,
without any sccii'i y that they will bo appli
ed properly to effect tlio object, for which
they are appropriated. Indeed we appear to
tribution ot tho public hinds, must result from j havo been expending the public money more
tho present stuto ol things, il the minority 1 with the view of expressing our conviction of
conlinno to oppose with success thn express-j the importance of education, to n free people,
ed will ot tlio people lor the restorat on of. than of actually securing its advantages.—
the constitution to its true principles. The Wo havo%oen paying sums to academics
public good therefore requires that an altera
tion should be effected ns soon as possible.—
According to the constitution at the time of
reflected great credit on the guard and its j °f his measures it supported in the proper' dreadful as well as the most effectual punish-; f filed at its last session to accept the terms
minimi nt,,1 rmi.).>■*.,.t il.r. n,n.ii n.sn.. i mnntipr tiv t tin mil Ik in t i,.j nt’ 1io &tntn ....... :» .. nn ;.ln. n .i .Un, >. n Ci.in .. ...i i... r— i-._ «i:_ __ .. -
commanders, and rendered the most csscn-1 manner by the authorities of this State.—' 5rtC nt. When it is considered that no State
» - ’ has over abandoned this mode of punishment,
tial sorvico to the State. Tho difficulty of | Permit me particularly to recommend, that
removing lawless persons from the mines, vou pass resolutions authorizing the Presi-
, .. - ... - proved to bo greater than had been nt first an-! dent to grant reservations in fee of such quan-
United States, tor an injunction to restrain i ticinated, and was only overcome by the use j titics of land, os may be amply sufficient for
lho State from excreting jurisdiction over j of tlio most vigorous measures. The Mines their support, to all t)w Cherokoes who arc
thorn. This letter was accompanied hy a aro however situated so far apart from each •*“' j— *
printed paper without signature, purporting! other, that it has been found impossible to
to bo > bill m equity brought by the Cherokee prevent occasional trespasses upon them.—
nation against the Stato of Georgia.
In a previous message to the Legislature,
had expressed thp opinion that tho State
could not consistently with a proper respect
This can only be prevented by having them
worked under tho authority ofthe State.
All unexpected difficulty lias bean placed in
- . . ,— way of an efficient protection of tlio mines,
for lie owu Mvereign nglita, become a party by the decision which has been lately made owo ,u.., * uru .« .u. vu , u..u u, Bl rumuonot me i
fiotore any court for the determination ol the i by the Judge of the Western circuit, that the | Chcrokeo lands, was not to be cp rried into
question, whether it had the power o sub-j law which renders it penal for Indiana to dig j effect until the title ofthe Cherokecs was ev-
jecUng the people who reside, within its oc- j for gold is unconstitutional. u ‘ •*—* u... . «™eeswose\
actual cultivators of the soil to any extent,
and who may desiro to remain within the
State and subject to its laws, opon considcra-
ion that the united States Government will
pay to the Stato a reasonable valuation there
for.
that it has been greatly improved of late
years in many of the Institutions of other
States; that in some of them large profits
hove boon realized from the labour ofthe con
victs ; and that in others scarcely any in
stances occur of second commitments ; is it
not reasonable to ascribe the failure of tho
| Penitentiary in this Stale, rather to the de
fective manner in which it has been managed,
I than to thn imperfection of the system itself!
that have only mi ideal existence, and for
thn education ofthe poor, where such a class
can scarcely bn said to exist, ami when all
its formation, tho Senate was composed of squire its advantages. Tho annual reports
twenty-four members and tho House of lie- 0 f the Tiustces of thoso funds prove that,
presentatives ol sixty-two. At present tho ! they have rendered no public benefit, nt all,
.Senate has seventy-eight members and the j equivalent to the amount which has been ex-
ibnsc one hundred and forty-two. The con- pended, notwithstanding that thoro havo
-i 1 ! “ boon particular instances of the very useful.
application of both. It may well bo doubted
whether tho present plan of appropriating
tho public funds to the purposes of education
is not radically defective. If tho people aro <
to be educated at tho public expense, ought;
not primary schools to be established in eve--,
ry district and made common to all the child
ren of tlio Stute.
Tho laws upon several subjects of gcnornl
interest have become so multiplied and in
some instances so contradictory in theirmro-
visions, a3 to render a careful rcvisai ex
ceedingly necessary. I would call your
attention particularly to the defects of our
election laws. Of the thousands of election
returns annually received at this department,
scarcely ono is made in exact conformity
with tho law. There have been ono hundred
laws pas ed upon this subject, during the last
six years, each varying in its provisions from
the other, without any conceiveablo object.
Perhaps tho multiplicity nml contrariety of
their enactments cannot be more strikingly
exemplified than from the fact, that eighteen
different degress of punishment wore pre-
serhed for tlio same offence in the laws pass
ed at one session ; and that by the law of
the last session directing the election of sur
veyors in each county, to survey the Chero
kee territory, tho superintendents were di
rected to make the returns under tlioir hands
sequences of this change havo been ail in
creased expenditure for the support of the go
vernment, numerous local and private laws,
various inconsistent provisions in llic gener
al laws, and an uncertain and varying policy
in the conduct of public affairs. It is speci
ally necessary that tho present organization
of the Senate should bo so altered ns lo re
duce tho number of its members to what it was
originally, and thereby make that body nil eft
ficient check upon useless and improviden-
lcgislation, and destroy the united action
which nov.’ takes place between the Senator
mid Representatives ofthe counties and pro
duces our vast superfluity of local nn-J private
laws. If two-thirds ofthe Legislature can
not be induced to vote for ail amendment of
the constitution, according to tho expressed
will of tho people upon this subject, l would
recommend that it be referred to the people
themselves, and that resolutions be passed ad
vising them to elect members tea convention
for that purpose.
The Congress ofthe United States havin'*
proposed by the Legislature for the ascertain-
ment of tho dividing line between this State
and thn territory of Florida, I proceeded to
cause tlmt line to be run by two commission
ers, an artist nnd surveyor, ns directed by
your resolutions. Tlio President was
informed of the timo and place, of their
meeting to enter upon the discharge of this ! and seals, and that in the seventy-six rc-
dntv. nnd in answer stnfml his intontinn rtf i • l , i. • ,
duty, and in answer stated his intention of
laying the subject before Congress at its next
session.
The Commissioners n ftcr the most accurate
The law which was passed at your last i Is it not due to our charactar for firmness and examination ofthe different streams which
ssion, tortile survey and distribution of the i consistency of purpose, to niako a full and form the River St. Mary’s, ami thesurroun-
consistency oi purpose,
fair experiment, before it is abandoned !-
.. ... —| ding country, came to tho conclusion upon e-
OuglP. we to throw away all the valuable ex- j vidoncc which is believed to be perfectly sa-
r . r isms,® frt n,rt rtrtrt—.i *• : i p—r tv*’ I 1 having been! tinguisbed by tlm President, or until further! penence which we have acquired, and the ! tisfactory^ that the head of the St. Mary’s, a
lyiowledgea limits, to tnq operation ot itsiinadotke spocinl duty of the Governor, a-»i.«i«j: . ._i i .... i v
ty* , 1 !?JE| l liw ! S kc r? SK,aic “ >»' lho , »»a IO defend I been extinguished, it will' berioceesani’ "tbr | pended," without " a 'thorough conviction that
qUpjigedj.no official notice was taken ot this J them tor trcMpuss, and having no doubt about lyou to.deteruinc whether any, or what fur-1 it cannot be rendered useful ? Entertaining
to ( legislation. As the Indian title has not yet! largo amount of capital which has been, cx-1 defined in the treaty of 1795, was to be found
j at the source of its middle or western branch,
J tiiat stream being longer, having more wa-
turno which have been received, the law has
uot been complied with in a singlo instance.
The duty of this department, in determining
upon the legality of elections, is thus render
ed exceedingly laborious and difficult. If
no commissions arc signed' except upon tho
evidence that elections are held in strict con
formity with law, the counties will be with
out officers, and if a different course is pur
sued the^ law becomes nugatory. The best
remedy tbr those difficulties would seem to
be the substitution of one general law of sim-