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freder'/jk s. fell, CITY 1’RINTER. ll'F.R EIOIlT DOLLARS rr.R ANNUM. l'AP^n.. SIX DOLLARS TKH ANNUM. rAYARLK IN ADVANCE. ’All I1CWS bo tli papers sctnctils HI > appear in 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 '