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AVjisirAaii
, MOiVjaV EV Ei'ilNU, NovemubrB, 1824
STATE LEGISLATURE.
Both Houses of the Lcgislatureof Geor
gia, met at Milledgevillo on Monday last,
formed quorums and elected their officers.
AllenB. Powell, Esq. ofM’lntosli coun
ty was elected President of the Senate on
the second ballot. The votes stood as fol
lows: , .
First Ballots Second Ballot.
Thomas Stocks, 26 • * 22
Allen B. Powf.ll, 25 27
* ZadockCook 1 3,
Vm. Y. Hansell, Esq. was unanim
ously re-elected Secretary of Senate—
Hv.nry Williams was appointed Messen
ger, and Ruodam A. Giieexe, Uoqr-Kee-
per.
The House of Representatives chose
for tlicir Speaker, John Abercrombie
Esq. of Hancock counfy—Mr Abercrom
bie received 55 votes, and Gen. Adams,
tiic former Speaker, 47. William C.
Dawson, Esq. was unanimously re-elcc-
tcd'Clerk to the House, Asa Newsom was
chosen Messenger, and John D. Staple-
Ion, Door-Keeper.
On Tuesday the Governor transmitted
"the following Message to both Houses: *
FROM OUR CORRESPONDENT.
Georoia Journal—extra.
itVi
tem,a bulwark—under a bad one, a rope
of sand. It is recommended to you mofct
earnestly, to revise your system. Pains
have been taken to give to it all the effi
cacy of which it was susceptible Want
ins aft energetic principle to enforce it
self, it would not have been made avail
able for even a temporary organization,
but for tlie virtue and patriotism of our
itizens. These virtues in some degree
applied the defects of the law, and will
enable me to'make a tolerably satisfacto
ry estimate of the military power of the
state. I cannot in a message like Jjiis
nter into detail, but you have accom
panying documents winch will suffice to
show partially the defects and the teme
dics. But sutler me to entreat that in
this revision you look to a military.sys
tern purely abstracted from, and having
no connexion with the civil polity.—
The citizen re a different being from the
soldier. Carry the. civil law into the
camp the latter becomes a fungus Upon
state. Instead of perfect subordination
and discipline, which regard his own
preservation and the safety of the coun
try, lie looks constantly to his cVd pri
vileges—makes the law for his own go
vernment and decides when he shall
look the enemy in the face—when betake
himself to (light. In no country can
such a military system be maintained as
a reliance for defence. Even under the
laws of the United States, when the mi
litia take the field, they are subjected to
martial law. It is the novelty of this
restraint which in war gives rise to so
many difficulties! and causes so many
embarrassments before the militia are
qualified for active service ; and how
easy for the citizert to learA that, consult
ing lrs own safety and the safety of the
state, the moment he iakes his [position
in the ranks, his first duty and his first
virtue is,.obedience, and now habitually
easy in war will be the practice thus ao
9
Executive Defaiitment, Geo,-,
.Milledgenltf, Aou. 2, 1824
!
-r.
terminc her. Some of her slslera are al
ready fur in advance of her. Almost all of
them have to a-ffroatei or loss 'ektelfe'bmH
barked in it. She
sees tin
most cnterpiiB*. which from
form him by confinement mid hard lnbor—fi
system which is constantly exhibited in con
trast to the bloody one of England,
•inalit v with the Amer-
and persevering among thorn already
deriving advantages from it, which place | sirable to perpotuat
them in the first rank of opulence and pow
er. A-state, therefore, like Georgia, bles
sed by Previdcnco with the means of reach-
lie highest commercial prosperity, by a
ican character and feeling, it would bo dc-1
ingu.._ -
road pl&iu, direct. and practicable, will no
longer linger in the rear. She will bogin,
and with a little patience and perseverance,
instead of decaying cities and a vascillating
trade, and what is most humiliating, that
trado seeking an emporium elsewhere than
within her own limits,-sho will witness the
t _ Our code howover is
in its theoretical detail defective, and I
have nj?,doubt'that our judges, who are
most fomilar with its virtues and its faults,
will pronounce it so. Its inode of execution
is at least equally so. The remedy of both
is- within yohr power, and to apply it, it is
only, necessary to understand clearly Whit
the defects are. It' will be' seen on the
most superficial survey, that wo passed at
once from the extreme, of severity to the ex
treme of lenity. It was never believed that
proud and animating spectacle of maritime under any tolerable system of criminal ju-
towns restored and flourishing, new oues rf- risprutlenoo, punishment cohld be dispensed
sing up—her tradestoady ana increasing— 1 with, and yet the objoct of reform acqom-1
her lands augmented in valde and improved plished. This, howovor, is our system in
in cultivation—tho tacy.of the country I practice. Thero is not Oven-the nppear-
beautifted and adorned ; and sifts may wit- l ance of punishment connected -with our
ness what was onco deomed impossible to
human efforts, tho western waters mingling I trniiit i
with her own, and tho trade of Missouri and j for the
Mississippi floating through her own .torrre
Penitentiary eataj(ishment, unless the res
traint upon the lioertv of roaming at large
for the commission of crime, be considered
„ a .. x , so. - The far greater proportion of the con-_|
tory to lier own sea ports, and all this with-1 victs at all times arc bettor fod, clothed
in the compass of her owrt resources, provi-1 and lodgod, than they have been accnptoin-
ded the ordinary economy, prudence and I cd to bo ; and whilst they perform tho work
foresight be employed to husband, cherish I necessary to kocp the body in a healthful
and improve them. The first and most im-1 state, they enjoy, not merely the benefits of
portant step will be to command.an Egineer I society; but exactly that description ofjt
of science and practical skill, and measures I which, in or out of the establishment, they 1
have been taken to procure the services of I would seek and court. The punishment in
such an one. As it is indispensable that he
rank among the highest of his profession, it
follows that his compensation should bo fix
ed at such a rate as other-states have assign
ed to tho like order of talents and qualifica
tions. I am persuaded you will not hesitate
to do this. The Legislature of Georgia is
too enlightened to undervalue the services
of mind, and looking to her true interest in
this particular, sho will find tho best econo
my in the highest compensation. The crit-
ordinary cases, should bo hard labour and
solitary confinement hard labor by day
and solitary confinement by night. The
proctice of crowding four or six convicts in
the same dormitory is replete with evils
which inevitably and .directly defeat the
very end of the institution. Not only is
vice rendered more vicious by it, but the
hope of reformation is forever cut off from
those who, not bardenod in iniquity, arc wil
ling to contemplate in darkness and solitude
quired in lime of peace- It will be . , .
vain to attempt to discipline the militia hb*t mistakes or errors of a total character
in times of Deuce, unless the strictest wlU not occur. _ In avoiding those you
ical accuracy necessary in every , stage of I their first offenoes against the law, and the
the proceeding, tho minuteness ofobserva- 1 *•-
tion, the correctness of calculation and
tho application of the mathematical sci
ence . to tho whole, require the first order
of cultivated mind, and under the .direction
of such a mind there is moral certainty
• Em l.
%
m
Pt.i i.ow-Ctti7.ens of the Senate,
and of the House of Rf.presentativf.s
It is a matter of gratulation that 9ince
the last Assembly of the Legislature,
the United $ fates have continued in a
state of peace with all nations, courting
amicable relations with all by a just and
impartial system, and exhibiting at the
same time the armor necessary to com
rnnnd respect to our rights every where.
Connected with such happy auspices, the
present year has been made memorable
by the landing of General, late Mar-,
quis La Fayette, on the soil where the
first years of his distinguished life were
devoted, by purse and sword, to defend
;ill that we held sacred of political and
-civil rights. It was due to him to be
invited by the Chi'f Magistrate, in the
name of the people of the state to our
bosoms, and it was accordingly done.
When it is said the United States
have so far caused their rights to be
re-'ected by all nations, it is by no
meniif in be understood that such a state
of things can be lasting. The wisest po
iicy— the most pacific dispositions wi‘
not assure us against a change At thi
moment an organised confederacy of des
pots in Europe, more formidable than
ever known before, shake their blood
j sceptre at all nations who contend for
freedom and the rights of man. 1 lie
United States-and Great Britain present
the only barrier to the destruction of It
berty, else the spirit which animates the
Greek in his Glorious struggle with the
Turk would have been extinguished.
South Ainei ica subdued, and our fire
sides assailed. So long as the United
States and England are leagued against
them, these enemies of the human race
dare not commit themselves to the seas.
Meanwhile the progress of mind always
Seeking liberal principles will make the
cause of right and justice stronger every
day, until this array of tyrants shall be
broken and scattered and liberation
from thraldom be complete 'and univer
sal.
The strongest operative principle of
the American institutions in diffusing
blessings pf all kinds among savage and
civilized men, is the principle of univer
sal toleration, religious and political.—
This principle; having its foundation in
the- American constitutions of govern
went is dispensing its beneficent inffuen
ces 1 every where, to tlie uttermost ends
of the earth ; and ia perfect accord and
harmony with tlie precepts of the gospel
it will make that gospel more and more
active in the reclamation of human na
ture in regions where tlie rose never
blossomed, and where the savage conti
nues to hunt his fellow-man as. the beast
of the forest. In fact', for the spreading
of the benign doctrines of Christianity
among the idolator and. the heathen,
there is reason.to believe that an all
foreseeing Providence has made this
great, and I hope unambitious nation, its
chief instrument. If the milleniiim is
to come, American institutions, under
the spine direction, will bring it to pass.
Then, for the first time, comes the epoch
of universal peace. Before that, it is
our business and our duty to be prepared
for war. No sovereign state, whatever
be its relation to others, shpuld suffer .it
self to be wronged or insulted. The
weaker the more strenuously it should
insist on its rights, the more vigorously
defend them. The Romans never coun
ted the number of their enemies, and it
is Lett f that all perish, ■ than that one
tittle of honor be surrendered. Main
taining, however, with reason, justice
and firmness, those l ights which belong
to us, we ought to make it our care scru
pulously to respect the rights of others.
m mil your attention therefore, to the
6tate of our militia—uuder a good sya-
in times of peace, unless the strictest'
subordination and obedience can be com
manded among ail ranks, from the gener-
al to the private. The basis of any
good system is organization. Without
permanent organization it need not be
attempted to Oniforiu,‘equip, arm.or dis
cipline. The organization of tlie com
pany is the basis of the whole, and it is
ascertained by sufficient experience that I
it is extremely difficult to maintain a
complete organization of companies un
derthe present system Tlie snpineness
and indifference of the people who elect
save an expenditure in comparison with
which the'salary of a life time would boas
nothing. Tho laborious topographical ex
plorations and surveys which must precede
the plans and estimates for the execution of, I confinement is the severest, the .most "irk
gloomy consequences which never foil to
follow them. Every species of association
or intercourse between the convicts ought |
to be suppressed, unless it be that kind of it?
which is indispensably necessary to the per-
[ formance of the work in which they are en
gaged. Some lessons have been taught by
the experience ofthe oldest institution ip the
United States, which ought not to be lost to
us in looklhg to the improvement of our
own. Tlie oldest and most obdurate offen
ders acknowledge that continued solitary
the great works, will alto require time; for
j they are these Which will dcterniino what
ought first .to be undertaken—w’hat most
beneficial—what most practical—what least
expensive. '
In caffingycmr attention to tho Judiciary
I am only directing it to objoctB with which
it has been familiar. To, bring justice as
near as possible to the home of every citizen
„ . . . . at the least possible expense ahd with the J
tnexompany officers in a period of peace, greatest possible expedition, are. maxims of ‘
their carelessness in attending elections the common law, sound and salutary. The
at all, and consequent!y the very iinpro
per selections which,are frequently made
have had a tendency, to impair ( the value
of the commission, which ought always
to be held honorable. The uncertainty
of preferment too, which oqglit to be the
sure reward of merit, deters young men
of good character from seeking commis
sions of tlie lower grade. . In fine, the
numerous resignations constantly occur
ring, and the disinclination frequently
manifested for this service, shew the
defect to be radical and to require an ef
fectual remedy. A uniform prescribed
for the militia, cheap and equally useful
in the ordinary occupations of life.would
have a tendency to diffuse more general
best maxims upon paper arc of little value
unless carried into practical effect. In Eng
land, where they have been long disregard
ed, but whence wo derive our models, they
some and most tedious of all tho punishments
they have suffered, ncvortheles they con-
tihutinue obdurate and unreclaimed. This
fact, whilst it affords additional proof of the
policy which would prevent association or
intercourse between older and younger of
fenders, and between these ana strangers
of every description, may show. also the-
expediency of disponing with continued
solitary confinement in most, of the aggra
vated cases, and in place of it prolonging
the time for which they are committed.—
The report of the Principal Keeper of the
Penitentiary, will disclose some judlbious
observations relative td the present state
of police, discipline and financial economy
have, at this moment, the worst system of I of the institution, and certrin suggestions
practical municipal jurisprudence of any I for reform and improvement in each,
country on earth, and this chiefly from the j With unfeigned regret I feel myself con
neglect of those very maxims. The delays J strained to expose the stato of the contTo-
and expenses of justice are ruinotiB;
•much so that the very best of their system
versy in which Georgia has been reluctant
ly involved with tlie U. States. That eve-
the High Court of Gjiancery, Uoffbecomo a 1 ry disposition existed originally on the part
nuisance to the country, , Of. what aVail j of this government to pursue our claims
are the best principles of juridical science to j
any people, if in practice they Arc constant
ly abused ? In our system there is quite e- j
liough of delay and expense, and these may
be diminished by discarding some silly max
ims of. the common law. But again, it is to
against the general goVorhment with mo
delation and good temper, is manifest from
the proceedings themselves- Tho Execu
tive branch of it, unequivocally disclaims to
have been prompted on his part by any
■■■■■■ - .other than
- . be considered that justico should not only 1 wards the i
1 v that military prjoe so essential to the j bo rendered cheaply, expeditiously, and con-1 Btatcs, and ho fondly trusts. that whatever
clia acter uf the Soldier. The time.it is j veniently, it shpuld ho rendered also with I of irritation has been engendered, or unkind
possessing even limited Sovereignty, to
make a tame, abandonment and surrender
of indisputable tuulsncreil territorial rights
to such ptetoiisioiis as tint U. ‘Statejj^gb-
verninont have thought proper to urge in
behalf of the Ghoroxops. The documents
having relation to this ntiplesant subject,
accompany, this moss ago, and 1 will add
little elso to the matter of them, save a sim
ple fact, to show how much tho U. States
govorntrient have deceived themselves by
assorting tlie principle just adverted to. In
<ho year 17K5, the .United States Concluded
a trbaty at Hopewell, with the Cherokccs,
in the first article of which it is declared
“ tlmjt the U. Statim givo peace to them and
recejvo them into the favor and protection
ofthe United StatoB,” and in tho 4th arti
cle of which if is furthor, declared,- “ that
the boundary allottod to the Cherokees for
tiioir hunting grounds shall be” so and s6,
comprehending these very lands which wo
how demand of. the United Stutes. And
this concession Of even a usufructuary in
terest is made on certain conditions stipu
lated in tlie treaty and which of eburse, If
violated on tho par£ of the Cherokees,
would cause a forfeiture of even this right
of hunting. Tlie treaties of Galphiuton
and Shoulderbone, between Georgia and
the Creeks, held in ^he year *83 and ’00,
contain similar stipulations, recognizing the
right of Boil, sovereignty and jurisdiction to
be in Georgia and the U. States, and the
right of hunting only in thq Indians, and
within such limit; ns Georgia and the U.
Stales have designated. You will perceive
therefore, that whatever might have been
the kind oftemire by w^ich rands were ac-
knowlod to be holflen by the Indians before
tho treaty of I lope well, oflor that treaty,
so far ns respects the Cherokoo title to
their lands, the tenure was definitively set
tled. If tlie fee simple had been with them
before, from that moment it departed fYoin
them aqd. vested in Georgia* It could vest
no where else, because the United States at
that, time recognized the paramount claim
of Georgia. Now it would behoove the U.
Stutes to shew how Georgia was divested j
of this title. She could not be. divested but
in virtue of her own express consent, and
then it behooves the U. States to Bhew the
treaty, grant or concession in which such
consent was given. So tor from the United
States being able to do this, we produce tho
articles of ugreemont and cession, to show
a confirmation to us of this same teritory
thus acquired by the treaty of Hopewell.
,*r me to add that the United States
have,, in thoory^and practice uniformly ac
ted upon the principle oftho treaty of Hope-
well with regard to all dther Indians j that
is to say, conceding the right of use to the
Indians, they huve reserved to themselves
the ajlodial. title with which is essentially
connected jurisdiction and sovereignty.—
And that for somo reasons or other al
together unexplained, the cqse of Georgia
h&s been made an exetiption, both in theory
and practice.'
The Commissioners of the U. States, in
their negociations at Ghent, asserted the
rights ofthe sovereignty and soil of all the
Indian country within their boundaries to
the United States, and consequently that
the Indians were mere tenants at will.—
They usserted moreover, what is undoubt
edly true,.that the system adopted by the
United States towards the aborigines is
more liberal and humane than that prac
tised by any othe r nation before them. The
treaty of Hopewell is the basis of all other
treaties with the Cherokees. Its prqvis
ions are confirmed expressly by the subsc
quent ones of Philadelphia in ’94, Tellico
in’99, and Tellico in 1905.
the present minimum price of the
luiuls, tho account would stand tlinJ
009,000 acres ceded to the USr
per acre, flOO.OOO/OOO—from whji’l
il,) " V( ' amount, dun '
nts>u will i-
lucting tit
Georgia by the U. States, wilUeitvi
hoped will arrive, when under the wise
provisions ofthe annual Congress for this
purpose, the whole body ofthe militia
of the United States will be supplied
with armsand equipments. In this event
it will be -desirable to establish in each
county a central depot of arms, to be
Used on field days, and as the public ser
vice may require.
As one of tlie prominent evils of the ex
isting system, is the habitual non-execution
■al
uniformity that is, in all like cases there
should be like decisions. In the practice
under our system, it is impossible to 'asdnro
this desirable result, from two causes. 1st.
From a number of Judges acting separate
ly anil apart. 2d. From a want of time t<j
mature their decisions in the more import- j
ant cases. It has no doubt fallen within
the observation of all of you, that frequent
ly the most difficult and complex questions
arise before our judges, and they have no
more time Tor the investigation of them,
than for the decision of the most plain and
os I .simple ones. I advise you therefore, if, for
Disregard-
than the most friendly* feelings to-1 ing the stipulations of these treaties, the
tho constituted authorities of the U. I U. S. acknowledge the fee simple to bo in
-_j _ r —- ■***-* —* ^thelndinns. The Indians therefore may
"rightfully cede certain portions of territory
in fee simple,to private citizens of Georgia.
Georgia in the last resort is foiled to draw
the sword against her own flesh and blood.
The U. States will then be the primary a-
gent in foqicnting civil war between the
citizens of Georgia; and wliaj will be
more unnatural-^-the citizens' of Georgia
resident,in the Cherokee country, will ap-
sentimdlits expressed, the cause is to be
sought exclusively in the deep , conviction
felt by the government of Georgia, that
Georgia was about to suffer flagrant wrong
and injustice, by tho.course of policy adopt
ed by the U. States in their intercourse
with the Indians. Not wore any complaints
elicited of this, othgr than such as were
made in the most decorous and respectful
terms, before the delegation of Georgia,'
the government of the U. States to
tion at
by the cpmparison, p’indicatc their supposed rights, against
forced upon them, between their own rolu-1 tlie assaults of their owq brothers. ThuB %
tion and that of certain other delegation, 1 the U?, States, by their hew doctrine, over-
t a t lkn U uo/tiitni/i /,Aiii.nnniAnl af tlw, TTnttr.*! I IL A.1- _ 4 _ I* I 1
of the sanctions and penalties prescribed
the laws",'you will find it indispensable, ( | HQUM f v ..^.
well for the enforcement of these, as for I the sake of uniformity, always so desirable j to the Executive government of the United I throw the entire system of polity before
the uniform and regular execution of their i n the administration of justice,, you deem States, in their mtcrcouse with it. Nor 1 established - in tlmir intei-poiir«<* with »lw»
1 i---• — > measure resorted to here ofannn- gS
character, until the President of
general provision^to provide for the appoint
ment of an Adjutant General, with ade
quate rank and emoluments, having his of
fice'at the seat of government, and if it be
thought proper, to establish drill schools for
the officers in central points of divisions or
brigades, their general superintendence and
direction should be confided to him, under
the orders of the Commander in Chief. The
reports of Maj. Gen. Newnan, and Brig.
Gen. Harden, nforit your attention.
Intimately/conpected with the defence is
the public education of the country. Every
citizen, to be qualified efficiently to defend
his rights and those of his counfry, should
possess intelligence 'enough ^clearly to un
derstand them, and this in. the complex re
lations of Our political system, is at orice the
more necessary and the more difficult. The
rich and the poor iiow unite ip the acknowl
edgment ofthe advantages accruing from
an enlarged system of education, which will
qualify them equally for all the occupations,
civil and military, to which the state may
call them. In the front, of the higher aca
demic institutions already organized, yjfiu
will take pleasure to recognize Franklin
College, an ornament* and under proper en
dowment, ao institution of first utility' to
Georgia. Next, the academies of counties
only requiring a fostering -band to cause
them to flourish and produce fruits 'worthy
of tho fathers who laid the foundations. I
rjcoirlmend to you to give to these institu
tions liberally and unsparingly, according
to their wants. But above all I recommend
that to the poor of our fellow-citizens you
extend a bountiful hand. A poor and hon
est man is the noblest work of God. How
much more worthy your care. the children,
who under your protecting auspices, might
be the best of men, under your neglect, the
worst. Nothing is more easy than to com
prehend all under the .expanded wings
spread over these institutions, by the con
it oxpediont, t6 organize a Court of Errors
—that you so organize it as not to inhance
the expense to suitors. It is before such
courts, ns commonly organized, that this e-
vil is so sorely felt by the citizen. The ex
pense is increased. An argument is ad
mitted : and this is the source of the expense
the United States, in a message to Con-
j gross, had so treated the claims Georeja,!
and the rights of tlie Indians as to forclose I
the former forever from making any further |
Claims or demand upon the latter, provided
Georgia to the necessity of resorting for
redress to measures depending on herself
aldnc. ,
As to the guaranties contained in these
treaties, they are guaranties to the Indians
—The argument is good for nothing. The j there should be a recognition by Congress ofthe right ofiiuntin"- on the grounds al-
nn pfios* VipfWrn t.h’n P.mirt. want. lint, t.lin flircril- I nr Ktr ftnnrmn ♦hn (Inrtrtnn 'ntworforl Ktr 11. i,i ,i . .
parties before the court want not the argu
ment—-they want the decision.-—They will
be quite content with the argument of the
judges ; and if the judges, selected for their
legal wisdom specifically to decide questions
oflaw submitted by the records ofthe courts
below, cannot decide correctly without a
laboured rediscussion of such questions, not
or by Georgia of the doctrine asserted by
that message. The Governor would have |
been wanting in duty to the people, 'whom
oh that occasion he represented, if he had
not seized the first ipomont to protest, in
the strongest language, against such doc
trines ; and whatever may liavei been of
fensive in the manner ofthe protest which
lotted them us securities against the. tres
passes ofthe whites, who might interfere
with that use, and not guaranties of fee ,
simple title. How could the trcntics ex
pressly take, from the Indians, tlie fee sim
ple in one article and guarantee it to them
in Another 1 If the U. States have enCour-
balance of$02,264,7*7,'gmmiS'
seuted by Georgia to the U. States 1
be recollected however, that from tli
of tlie contract with Georgia in lfifn
til the 24th day of April, 1820, foe
mum price of the public lands, h ai ]
fixed ut $2 per acre, and when it is
ered that between tho two periods m
wore sold for less, and largo q U;
were-sold for more, the account can
stated—80,000,000, at 82 per acre 4
000,000;inaking the same ulownnce fol
Kansas lands exchanged with tho '
lcecs, and giving credit to tho U. Sti
$1,990,020, instead of $1,244,13,
balance due to Georgia would be i
518,274. Tho whole revenue of t
States would not pay it in seven y
to pay it in one year would inyj'
mass ofthe population oftheUSjn
distress. The interest would have ci
Georgia to dispense with taxes—^
cate all hor citizens at tho publiccxi
to have armed and cquippc*d her mi
to have made a garden of the face „
country, intersected evory tfhero by
pikes and cuniUsnnd studded with tlie
uments of art. Foregoing these adi
ges for the benefit of the U. States,
ia would have been the lqst to rom
J. States that sacrifices had been ni
their account, if the federal govet.
postponingthtf right? and intorestsofi
gia, to tho imaginary rights ofthe In
liad not forced upon her a conipari
what she is, with what slie might
been.
But it cannot even be conjccturedi
what grounds Georgia has been cl
with the amount paid to the Yuzoo
ants. Georgia was not consulted i
compromise with those claimnnts.
never therefore gave her assent tothe
promise. On the contrary, so far os
could, she did, by her delegation in
gross resist it.—Georgia, solontpht
muined a moral agent could never
Thu act was, in effect arid substi
formal decree of the highest
known to the constitution oftho U.
in perpetual testimony of tlie reward
awaits those who shall' in future tin
cessfiilly bribe and corrupt the rent
tives ofthe people to 3ell their i
and as in this case it was the Lei
of Georgia which had been so
corrupted, it could not be expected
U. States that her assent ever could
en. It Would have' been equally
bio,' if the U. States had surrendei
entire country to the claimants, and
ed Georgia with the value of it.
No time was' lost in transmitting
President the memorial Of the last
lature oivthe subject of citizens clnW
gainst the Creek Indians, which had
provided for by the treaty conclui'
the Indian Springs. The answer
President, communicated through
cretary of War, is submitted, Y|
?ec that the decision of which we com|
cd is considered final, and that no r
of it need be expected. The proyisii
the treaty was undoubtedly designed
ver the whole amount of claims of
description, and of every date, up
year 1802, the justness and fain
which could be substantiated by su
evidence—Nevertheless the Presidi
thought proper to reject claims
perty taken and destroyed, only
it happened to be destroyed, altlv
broad and comprehensive words
treaty are “ Property taken or dcstnfl
und ho has moreover reBortedtotlie
of interpretation prescribed by the li
nations to expound treaties conclude
savages, By which a farther considf
amount is deducted from the clai:
Georgia, pre-existing treates, not h
according to those rules, specifically
vided for them. This construction i
more unreasonable, ae those treaties
concluded, not by Georgia, but by
States, who ought not now to Ml
citizens of Georgia to suffer by
neglect or omission. Georgia, no]
having improvidently assented to
those claims to the arbitrement ofthe
ident done without appeal, whfttev f r
son she may have to complain "‘Jw* |
tice of the decision, she is precl
by themselves, but by others who ought not j he interposed, he insists that in regard to aged tlie Cherokees, to mukc expensive
tnhp t.hpir sun^rinrs—Kiirh n onnrf-. will nnlv fKn mnffm* fenth nmoin' mmv,» novf nf, it 1 . ^
to be their superiors—such a court will only
bean evil, by the amount of unnecessary
expense thus incurred. , Otherwise much
of good might result from it, more especial
ly if it be made the duty of the court to
pass finafly upon all questions at the first
torm
j the matter, truth was in every part of it
maintained with the most scrupulous fidelity,
i The principle asserted by tho message was,
essentially, that the Cherokees were now
improvements on the lands of Geor
gia, and sucli improvements are assigned
as_thc. reason for not making the relin-
the fee simple^proprietors of tho soil they I quishment, tlie U.- States are bound in
occupy, and of consequence that no right of I honor and justice to pay the full value Of
territory could lawfully pass from them I them,and to give to the Cherokees territo-
Tho compilation and digest ofthe Statute I without their voluntary and exptese con-1 ry of their own elsewhere > corresponding
£ > ? of - En !W;& I A p J in? i pl ? f” BtT , an M e A " d . novel l.^ s ' I in extent and fertility with that which they
Davis, Esqs. gentlemen of distinguished
eminence' at the bar, have been appointed
with supervisory powers to advise from time
to time alterations or amendments as the
work progressed; so that whilst by this con-'
cert and co-operation it will be rendered
more perfect and complete, its final adop
tion as part of tlie code of this state will al
so be rendered more certain. In connec
tion with this important subject, may I bo
permitted to suggest a like revision and di
gest of its companion, the common law; or,
returning to the dark ages what belongs to
them, would it not be worthy of tlie gener
ation in which wo live, if Georgia, by em
bodying the best part of the common and
Btitution and the laws which limit your dis-1 statutory law of England, the Roman ci-
cretion in nothing, but the duty always im- villawand the Napolqon Code, (the last.
^crokecs. . <?“ the
consent tq part with another foot ofterrito- j contrary it would respect their rights, as
ry,.amounted to an absolute denial of our >t Woqld those of any other people, and
rights and the destruction of our claims will contribute its full quota at all times,
either upon the U. States or upon the In-1 as it has done in past times, to civilize,
(bans now and forever. It was in cqntes- improve and perpetuate, a race of men of
to thn has generally lived on terms of peace
to address himself to the Executive govern-1 . °yy;~Y-" .— ” ' , ,*
ment ofthe United .States, in very plain und Inendslup, but it can scarcely be ex-
| language. The United States govermnnt pected by the, Cherokees themselves, that
| seemed hot to have understood our motto or obvious and indisputable rig:
dis-1 of Georgia, should be yielde
hts of citizens
cd to any inter
est of theirs whether real or imaginary.
TI16 government of the United States
our emblem, or understanding, tq have
respected them. . All our obligations, there
fore, to the U. States and to' ourselves, our
I h “ vo mm-rm ?»mm
ited States government, in due curront with tho state of Georgia. In tins
posed on you to take care that of public'by for the best system extant;) were to sup- time, that they werc prccinitatinjr tVom-1 ftccoul rt Georgia is charged with an a
monies appropriated to any object, a strict ply for herself a code of Jurisprudential solves upon a crisis, tho least deplori **— “ " “
accountability be exacted. The rule of Ethics, which, having their foundations in the results of which would
apportioning annually a specific sum among l reason, just ice and common sense, would be destruction of the weaker
the different counties in proportion to rep- alike applicable to all tirriBs and all circum- 1 ‘ '
resentati.on, as adopted by an act ofthe last j stances j and relieving Georgia from a de-
LUtllllo LI.Liil"’ I R C5D
deplorable of g at .e of $7,735,243, made up ofthe follow-
the results of which would bo the entire ing items,viz$l,250,000 under the articles
rlrilfvtmtSnn fliA ntnnh-.. I .. f .1, I * ClArO Af* A • i
Legislature, is not only a fair one,, but of pendence on foreign legislation, relieve her
... 'from reflections humiliuting to hor pride
and mortifying to her self-love.
The mrflified pens 1 code of Georgia, had
two humane objects in view—1st, To spur
destruction of the weaker party—results of agreement and cession—$958,954 paid
which could not be sought by tho United in*extinguishment of Indian claims—$1,-
nnf t„.L.„L —-^ '244,137 for 995,310 acres of Arkansas
easy execution
The period has arrived when Georgia can
no longer postpone the great work of inter
nal improvement. If considerations of the
highest order could not prevail, state pride I tire li.’ ^ »h'<: erioit ml whenever it could In
would be a motive sufficiently strong to de- J done with safety to society, ud. To re
States, and which, we on purpart, had tije
| strongest motives to avoid There is yet
t ime to avert them, and it is confidently be
lieved they will he averted. It is impossi
ble for the United States, upon a deliberate
re-examination of the subject, ever to per
suade themselves that, it would be possible
for the state of Georgia, or any other state 1
land at the. minimum price of $1 25—and
$4,284,151 paid to the Yazoo claimants.
It is perfectly fair and quite consistent With
usage, that Geftrgia, on luer part should
stale' an.account also; and taking ihe rule
adopted by the U. States government, viz.
resorting to qny pleasures pf .her®*!
redress. The Indians well underst
that the aggregate of the claims
ed.to more than $250,000, yd®® 1
the entire sum should be applied*
tisfactionofthem. According tot ^
adopted by the President, claims
amount of $100,000 only, have W
mitted. Whether the balance^ 12 " I
000 will be credited to the IffihftM]
pass into the treasury of the U* 81
not known to nie;
I announce to , — . (
compliance with the request coo ^
the Inst memorial of the last sc-
in fulfilment of the Stipulation 9
tides of agreement and session,'',
about to beholden with theCreew ,j
extinguishment of their claim 9 *“ |
lauds within our limits. May "
fifim m
I
.cr»
ter ourselves that this friendly «
the precursor of the final
ull differences between the T
ernment and the state of G
that, in alike treaty with the
we may see all .difficulties re
relations of the two goyernm® 1 u
to what they ought to be, and
tract which has contributed
disturb them, carried into com;
final execution.
it gives me great pleasiur© ^
able to inform you, on the autg .
agent, that the claims for wjjjv
which have boea earnestly a
ly pressed upon the fetlcru !
for some 20 or 30 years P n ® A
have so far remained gPf J|j
likely to find a gracious teec^
ensuing session ofCongres
this fffesirable result. 1 - a-Col
you to continue tjm fiCrvlC '