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Bt^PUflLlCAjr.
FREDERICK S. FELL,
•CITT PIllNJ-Kn.
Daily Paper........eight dollars per annum.
. i 'oantvy l , ap<0.iC..stx dollars 'perannum.
r.VYAllUt lit AUVAtfCK.
AII_News, anil Now Advertisements ap
pear In botlf pnpcrs.
(I?* Oifico In Morrison’s range of brick
ouUdings, near (he exchange,corner ofBay,
and Bull streets.^/j)
Communications by Mill, mutt be Poll-
paid.
Sales ol land, and 'negroes by Adminis
trators, Executors, or Guardians;- are re
quired by law,"to be held on the first Tues
day iri the month,between the hotirsof ten in
tho forenoon, and, three in the Afternoon,
nt the Court House of the County, ih which
the pyoperty- is situate. Notice bf'these
sales must bo given ih n public Gazetto
silly days previous 10 the day of sale.
Notice of tho salo of personal property
must be given in like manner, forty days
previous to the day of sale.
Notice to the debtors and'creditors of an
estate, must be published for forty days.
Notice that application Will be mado to
■the Court of Ordina’ry for leave to sell land,,
must be published four months.
'■ i —————————
thsro is nohmilation of thu Legislative power over the
Indians wiiliin onr tcrrilory.’ In tiro Federal compact,sa-
oral in our eyes, to tho provisions of which wc have ever
looked with veneration, and which w c will bo tho last lo
impair, the wily clause which can bo tortured to bear
upon Uic question, is that which gives to Congress “ the
power to rcgulato comtncrco with tho Indian tribes.”—
To the ChcrokeOs within tho State, we owe protection,
and to us they owe obedience. In no instance since the
adoption ofthe constitution of the United States, has the
authority of « State dJterciiwJ over tho Indian within its
limits, boon dispGted‘or disregarded. Tho PciioWots
and Passaniaquotidies in Massachusetts and Maine, the
Narracatljct* in Rhode lriiihtl, the Senecas and Onon-
dagos ui Now York, the Chontanks and Nanticokes in
NsivUri^Xho pATnunkics in Virginia, tho Gatawbas in
South Carolina, the remnants of various tribes yet exist
ing in the old thirteen Stitcsj except North Coruliha and
Georgia, are all
On what Just
ofGoorglifo
C herokcctt, bo resisted 7
laud governed by State laws.
Legislature of Georgia.-
On Tuesday last, at l n'olook,the Govern
ot tranamittodto both branches of tho Lcgix
laturc, tho fallowing
SEMSAM*
EXECUTIVE. DEPARTMENT, G*0 l
•November 4th t 1818. 5
Pi;Ll.hW-ClTl?r.N3—
It is my first duty to invito vour attention to the sig-
^nal Providential favors which the State has experienced,
in the unusual degree of health enjoyed during the post*
year by the Inhabitants, and the abundance with which
a fruitful soil has so generally rewarded the labour be
stowed upon it. In the gradual improvement of the
whole State, and the raphTdevclopemcnt of the resour
ces of the Territory last settled on the Chatahoochie,
there is* every motive for mutual congratulations, and
united gratitude to Heaven.
It would havS afforded me the liveliest satisfaction to
have been able to felicitate you on tho arrangement of
those questions of interest pending at the Adjournment of
the last General Assembly. They remaiq slHl Undeci
ded, and must be the subjects of your iMibei alien under'
thir changes that have been produced since that period.
The lino of dcmarkalion between this State and Florida
has not been traced, nor has the Act of Congress, under
a poculiar provision of which the execution of that work,
in conjunction with tho United States, ^&s suspended,
been repealed or modi tied. Conforming to the request
of the General A*»omtfy, communication.* were made to
tho President of tho United States of the claims of the
State and tho ground 3 on which they rested. The Pire-
cpresentatives ofCongri
ters to tho President of tho United Stales, and to th«
members of tho Delegation in Congress from this Slate,
arc submitted for your examination, Tho Report made
t i tho Senate recommended a postponement of the whole
subject until it could be ascertained whether or not an
agreement, alledged to have been made by Andrew El-
• *itcuU and the Spanish Commiiri Jiicr, who were appoin
ted to run and inukc the line m 179G, was among the ar
chives of tho .Spanish Government, there being no eri-.
denes ofita ever having been among theardneves ofthe
United States.
The subject was not therefore dijeussed in the Senate,
tlecause a document, the authenticity of which must de
pend upon its having been presented duly executed id
both the Governments ofthe United States aud Spain,
was not in the possession of the United States—a paper
the existence of which io matter of surmise, and which
when produced can throw no additional light upon the
controversy.
"^^fflfHeL^rtrnadc to the House of Representatives re
main* to at the ciuaihg session of Cou
pe*;. The ConimiUefcl* .te adopted a conclusion ad-
' vetse to the State’s claim, undef-iLj*«rsu«sion that the
weight of evidence is against us—a conclusion which I
c.umol sdppose wi.l receive the sanction of the Repre
sentatives ofthe people in the Congress
States. If any thing were wanted
# vcrwhelming evidence of our right,
tho enactment of the fust law respecting this Boundary
line after the peace ofl78i—The act ofthe General'As-
sambly for openin * the Land Office passed on the 17th
^"February 1783. The ldih section ofihut aclordaini
and declares that the limit, boundary, jurisdiction, aud
a ithority of the State, extends from the loik of the Apa
lachicola, where jftte Chalahoacbie and Flint Rivers
iD'ct, in a direct line to the head or source of the Souih-
• ;nmost Stream of the River St. Marys and along the
courue Of said River St.- Marys to the Atlantic Ocean—
. a satisfactory proof that the Souther most stream was, at
that day, known or held to be, the main branch of St.
Mvy’s River. Whatever may be the decision of Con
gress, if not approved by the State, it is not obligatory.
S\nco the cession of Florida to the Federal Government,
the State of Georgia is a Forty in the settlement of this
controversy, no longer represented by the .General Go
vernment, Wit independently asserting its own right, and
to bo heard before the competent tribunals, on wnost
tsgrity and it
csdforthe fi
3 competent tribunals, on whoso in-
Igcment reliance may be confidently pla-
u establishment of it. Having given tho
.the strongest evidence of our desire to avoid tho incon
sequences of agitating the queslion before the judicial
tribunals, it is for you to consider, whether it is proper to
wait tranquilly the decision of Congress, or to take, pro
visionally, measures to eusure a speedy investigation of-
our right, should Congress refuse to repeal or modify
their actof 1823.
__ The State of Alabama is nqt yet reconciled to the boun.
diry lino between us from the Chatahoochie to Nicka-
uc. I regret that it his bceiithought necessary by Ala
bama to protest against the act of Georgia as an in
fringement ofthe rights of her siatfer slate. Copies of the
protostand tho correspondence with tho Governor of
Alabama in relation to it, accompany this message.
Tho solemn promise of the United States, made in
1802, to remove at their expense,’ the Indians from the
territory of tho State, ilyet to be performed. Ofthe wish
ft determination of the Fan gov’t, in all its departments
t > fulfd that promise ns early ns practicable, wc have re
peated assurances. Thu policy heretofore pursued towards
Indians, the mode of effecting the purpose of the Gen.
* Government by contracts'with the Chietb of the Indian
Tribes, or with the government created by those Chiefs,
is still peraiste4 in; nor Is jUflwe any indication that a
change is f&ntemplatcd. • Jnthis State it ia well known,,
that without a change of policy, the government of: Ute
United States 6dnifet'tjya cbnirtict with their, government
remove the Cheroffefc*.The WllOfXqPl.nUt Tnbo, who
Sjiro since the year relflSyitemuticaliy.xleVoted. them-
f elves to defeat xny attepmt to'pttrcliase out their,permit
ted occupation ofourUnaiiphawwfli adopt*
ed a Constitutional form of government. Hy lh !> matru-
, nlent tho annuity paid to the Trilm bj^the Umfe&fitates,
and all therights and privileges of tho individual Chero-
kees are controlled—a government professing to be inde
pendent,'is set up in defiance of tho authority ofthe
States of Goorgia, Tennessee, Alabama anttNortJi Car
olina, upon tho territory ana within the jurisdiction of
those States. The Cltcrokeos have indeed been tardily
informed by the Chief Magistrate ofthe IJnionj that this
attempt-will not maib any change in the relation in which
they stand to the United States. The new governmCiU,
however, continues unmolested to exercise its power,and
seeks to strenglhe* itself' by. conferring citizenship or
denizeru h'p upon such white mechanics aschoo&o to in-
. corporate with them. Hero, within oiti" own terrifpiy,
upon the land forming a part of out loVhreidnprdpOrty, is
u government exercising authority iiiilcpctidctit'of ours,
and denationalizing.our citizens in order to strengiKen it
self in opposition to our wilC This state of things-can-
not .be endured. If the United States arenuiable, a'cting
on the policy to which they alone choose to adhpre, to
induco tho Chcrekecfe tot remove, und unwilling to Vindi
cate our right over the pefsous nngi territory within our
uotcreijmiy, hi the only practicable’nmdc.our duly to the
pmple.wla posterity requires (hat,we should act. Ofthe
rightwf the Obneriu Assembly to legislate over all per-
or plaunbie pretext, can the right
similar power In regard'to the
17 Believing thktW right is un
doubted, that the oxerciso of our sovereign power isro-
quirddby the best interests of the State, an. important
oonsidtrstion presents itself for examination. What dis-
pokiton is tobi\m*do ofthe Cherokocs who rosido with
in tho State 7 To csp*rthcm Would bo cruel add un
just} to leave them as incroTcnants at Will of their pres
ent settlements would bo a reprokch to. tho character of
the State; for incoVuoriuion, with equality of rights os
a part of our political family, they ore unfit-
Under theoo nrileclions, j recommend \6
yoii to extend dll tht law ofthe State of ct
the territory lying within otir limits occupied
by tho Chcrokeei—tho Inifiitfa to bo eubjeot
ae other 1 persons to tbc operation of Ummq
laws—To secure to the'Indi&ni,.immediatoiy.
the enjolhioot of mil civil rigtita—To gram
to each lndiab family n6w lmng in the State,
.while they continue in it. a lufficiont body
of land for their conffotlablo aupport. looftiag
to tho Gcndrol QovortntfonW0nder'lho com
pactor 11102 for the vat'uo ofthe lands thus,
granted, and for all the expenses that may
bo incurred by the State in the execution ot
the propoaed enactment. As an evidence ol
respectful deference to^ the'United States, dz.
of our detd^raioation to treat with tenderness
the Chcrokeei whose fate it to be effected
by theae'rogulations, 1 recommend that the
operation of the act be prospective—oot to
take effect until the President of the United
Stales shall have ample time to ascertain
whether the Cherokeca chose to remove for
a just equivalent, or lo reiftiift ktift tb submit
themselves to (he authority of the State Go
vernment. YouvMIl find in the "contract
made by tho President of ibo ‘United States
and the Arkansas Chcrokrcs, herewith tab ?
uiited, a motive for thia delay. ITiavc boon
informed by oheSof our Senators (Mr. Cobb)
that an article ibthat contyact.w'aa imorted
for the express pnrpoflc, add under tbe beliel
that it would be effectual, of enabling tho
President to induce (ho Cberokeee in Geor
gia to remove beyond the Mississippi^ and
• bat the whyle contract, notwithslanOiCo it
itiv.'ti'.ictl inanv highly objoctiooablo fea-
torcs. was chiefly, if not altogether, ori’our
iccount approved by-the Senk'.e of tboUm
ted j9tSt»-Y.,
TlaVifig Been casually informed that tho
Creek 'Indiana bad given peftniasioo to one
■of their tribe to erect extensive works near
’l»o Cbuttahbocbie to be supplied with water
power by a canal from that river, I consider
ed it necessary to forbid (he execution of the
scheme os ificonsfstent with the rights of the
State. By the correapondonee submitted,
you will find that the President Coinciding iri
this opinion has directed tbe Creek Agent
to prevodt the Indians from erecting any such
work it Alois authorised by Ihu General As
sembly oftUIAStole'. ~
During tbe last session of the Legislature,
complaintB were made of depredatious hav
ing been committed in Lee county', by par
ties of Creek Iudiaos, who crossed the boon
dory line, in: starch of sufcb means .of aiibsis-
fence,as arc to be found in our forests. s Since
that period, similar complatnlsjiav^&iecir
made by other frontier counties, s great ar»-
{ irebensioo has been more tboo once felj,that
t would bo necessary to two the Military pow
er of the State, to punish the Indians for their
miectipduct. and to drive them beyond the
Boundary line. Tho Constitution of the U
nited States, limiting the power of the State
executive, to cases of actual invasion; to an
Onerity, or such imminent danger ca does not
admit bf delay, in the abeeuce of any state
low, it Was fouod necessary, as tbera wssob-
viously bo. settled plan of hostility, on the
WSiftLS►part ohKb Indians to appeal to the President
to. ofthe Dtilled Slate., keeping biro .ocurotelj
peeling this lioundary | informed of ever, new event, end making iu
tho mterhtr, k'U neeeieery preparetion to ae.
■»ith effect/Ifmclive interference eliottld bt
n.it.p.nsabis. After much correspondence,
witb tho Fedet.1 Adiriibiiiretion, it baa been
tnought profet loot.lion temporarily,a bod):
f troop. Hear tlio Qiiaiuhoocbee, whose
•ommandcr is charged to prevent parties ol
Indians from croutng .ibio oor territory.—
Evidence of ell the depredations committed
bu been carefully collected under tho ati-
iboriiy of (he State, & .col to the Crook Iu-
dian Agl. that a demand may be made on the
Creek Tribe, accordiog to the Ljw of tbe
Uoited States- Our ciliconi .who have suf
fered in property or person,’ hbYo a right to
oxp'ect and will no doubt rdeei/o eventually
indemnification, under the guaranty of the
United States, conlaioed in the Wb sootiou
uf the' Act of Congress of the 30ib March
■ nf j 1802 I request your attention ro thoitu
tncroua payors reisting totbia eubjtoi am:
•upgbtt’tho - propriety of soma act,autnqriz
ingUn civil and Militia officers of the State
to diserm, errest, and send boyond the
Iloundary line, any Indian net a resident
who uiay be found wandering, armed in out
territory. By an act ofthe General Assem
bly ofthe 22d Deoomber't808jurisdictioD i-
ceded lo the Geoerat Governnent, overall
places which may bo thereafter acquired by
the United States, for the purpose otercetmg
forts and foftifications. with tho single' pro
riso, that forts or fortifications shall be erect
cd thereon.
sons and this:
[irhiclph'3, a
within our territorial limits, on general
'' ‘ connct bd entertained. Is there any
ylutb, onrTftreeci^ttiright-y
hieh impairs,
In did Start
Stats Constttulien,
ciuu.ly <xnend*d.on a plan so defootivo, that
it is difficult to decide whether «n attempt to
improrc.lbo buildings now iu uso, or tho ap
propriation of them to aomo other public pur
pose, and tho erection of new one. in a.betlst.
situation, would bo-most economical. Tho
devotion of a largo portion ot your, litno to
tilts subject, that ail defects in the organiza
tion of tho Institution,in.tlio syetom of discip
line proscribed for It, atid ip, (ho exoculimt
of tho Inws for it. gofeihment, may bo alia
covered nnil' corrected", it required by (be
interests of tho eommonily, tho character of
tho State, and a snored regard to humanity
It would bo a griavou. reproach if \Vo who
wofecaniparativoly lato io adojiiinglhat be
nevulcol system which enha tho redemption
of the charactrr oT offender, ngaib.t public
justice, in tho pithUhmcbl inflicted for thoir
oritqcs, should b.o tho Grit, to abandon it.—
If wo should ho hotnpolled to acknowledge
■ hat no have not wiadont, virluu or constan-
cy on >ugh lo exooute a pla t in full operation
and producing the moat happy rceiilti in otb
nr Slates, ■
' Every days eiporionco aiidato ouritnowl-
edgo oftjio defects of tho Penal Cede, I
recall to your attention, tho communications
heretofore made by tny predecessors, parti,
culm ly to the Executive Mossago of 11127,
communicating a report from oho of the
Judge. (Schley)ofthe effect, ofthn amends
tory act oflSVU. To tho information con
tained in that report, i will add, tl|at It ta as
ccrtained that ttie'puuishinant ora freo pot
ion of colour, convicted of Inveigling a eiavo
< anto one years unprieocmsnt in tho Ponl-
‘tentiary, wbilo a white por.on is subjected to
sort rur penaltiei—a distinctiOnuf justifiable
m itccll, and dang.rou.jp It. consoqueucva,
to tlio scourttyof property and the peacoof
tho Stain. Another of our Judge. (Colquett).
during tltp past joar, found himself compel
toil to stmtcnco a person convicted of thtp.of-
fooce of mayhem to tho pillory, aod. tb'o pay
ment of a fino of £iU0, or to soffor if unable
lo pay the floe, the barbarous puci.hffient of
noo hundred Is.hes laid on his nttkod back.—
Tho poverty of tho person convicted, Was so
notorious (hat tbo payment of. tliq fine was
not to be expected, and tbo Executive under
a r> commendation from tho Judge, waso-
bligcd to interfere to prevent 'tlio infliction of
s brutal punishment—a disgrace toour crim
inal jurisprudence and which itr the opinion
of tbo community, has been long since oxpel-
lod from our Code. A careful and matured
examination of tho act of 1820, will eoablc
you to correct there and alitor errors that
iiava unavoidably arisen from tho uieofgen-
::s! terms, end their spp'icstion to all tho
previous legislation of t to State on crimes
anti punishments.
Fifty, thousand dollars have been 'pild out
>if the pulilio. Treasury, during jho past year
for internal improvement, forty thousand ap
propriated for 1 »:*7. ten thousind.for 1828.
Tho commissinneii ofthe Alataitjaha, Oalt
mulgeo and Chattahooohea rivers, (p whom
this money bu been paid, afe silhermUaged
in tbe execution of tbeir respect ivo duties, or
makiog actively, prepsmtiuns to ootttmenoo
tlieir operations. If rotu'on did not teach us,
that large appropriations of money and lavish
expenditure, were insufficient. to develops
tbo internal resources of n titolo, for facilita
ting commercial intcrcuurre, tho experiments
made here, baro'furnished a never to be for-
gottuh lessen of ..instruction. The sum of
two hundred sod seventy ooo thousand dol
lars lias been appropriated and partially ex
pended on the navigab e waters of tbo State.
On pubjic roads, if tho yaluo of the labour
out citizens ara liable tb perform annually,
be fait ly climated, as much money is expen
ded in Georgia a. in any part at tlio Union.-
I need not .remind you (bat (hero is not n
water cour,o in tlio Stato which nfibrds all
tho collttnerciiil facilities. it might be mado to
yield, nor onb oT our roads to tbe exteot of
ono boA'dred miles iff length, in perfect order-
Does this nr ho froin.the Want of a well ma
tured general system of internal improve
mont ? From ' He nriperfeetion of tho laws for
(ho improvement of .lie rqatj.au.d watercour
scr of the State? or from a neglect or un
faithful-execution, df those laws! A mo
ment. reflection will -ufflee to prove that tbe
want of n general .plan.ip a fatal error, and
that tho provisions of aiir laws are. in many
respects Imperfect. The ttyniHteiPlftn ap-
nointed to improve tbo navigalihn pf onr ri
vers, and the Commissioners of the Public
toads, are unpaid la jourers in the public sor
vice; to hold .them answetablo ns officers,
wltnae time is dodoted to the pdhlte for ao
equivalent remuneration, would bo unjust
That constant care, unwearied'diligence, aod
wheel horse libour, necessary to a perfect
and faithful execution of their duty, cannot
be expe-ted from those who derive little rep-
utatiim from success, eiid who inpleco of
receiving pompspietibo, are couipoUod. to in
cur considerable exjfenre, end loso much
titno In thu performance of th'e.teska Imposed
upon them, rri great emergencies, and in
all cases wboro sudt|en'cnlls ere made ujion
our citizens'for important and itritfiog iacri
flees to tiiu public good, patriotism may be
safely relied oo, but iifthe e'xocotioh or so-
;ierinteodence of public' works, when the
oil is crfnstsbl, wearisome end enduring, the
thus selected to superinten!] the Improve
ments to the public building, did not re'sign
his appointment as Engineer, and the Exec
utive was under the necessity of looking for
a fund out of which a compensation was to
be'paid for his services. This compensation
tvlli bo paid out of the. fund heretofore drawn
upon, until the ontl-ofllte present quarter.—
The general assembly being now in session',
'there ts-no longer n necessity for the exercise
iii- tlris regard of -Executive discretion; bo-
voml the period indicated, it will not there-
forebo-exefted. An examination lias been
ina'do by'.thc-Eivgitieer, of tho Uliattahoocheb
from Colunihus to its junction with the Flint
river, and the Qttkmulgee abpve Macon—his
repmts ere herewith submittqd.-
- Tho condition, of the Judiciary .requires
your most serious - attention. Under tlto'pre-
rent-arrangement of eight Judges of thp Su
perior courts, each ooiifincfl to tlio Circuit for!
which he wap elected, supreme Ih Ids author
ity, not hound by the decisions of his prede
cessors or.coteinppraries, hud nut always by
his own, .while these will be in their turn dis
regarded by his successor, there can be neither
uniformity nor certainty in the laws for tlx
sectiriry of tlio
It is an awful reflection
. PWetly-
hat property, life, It-
Tho Framers of thff-Foderol Constitution,
socking to procure for this Goveromeot, ere
alcd by it tho hecssary nnd exclusive joris
diction over forts ood-fqrlifioationa. Sic. Sic.
iiitendud to protect tlfo States against the
possible abuse of this oxolusive power, by
molting tbo consent of tbe Slate Legislator!-
necesoat y,before jurisdic: ion could bo tfequir
otf. A geoctpl law leaving every thing tn
ihp discretion of Congress is certainly not ac-
eording lo the spirit nor within tbe intention
of the G.mst tmioh The Legislature acting
at tho tints tbo purchase io to bo made, pan
ulono judge of tho propriety of granting the
exclusive jurisdiction desired, it i. frdm ho
illiberal feeling nor unworthy jealousy (jf tho
Fodtiral Govcrnmoiilfthat Uns act is brought
to your notice- Tbit repeat bf’jj: is necessa-
ry, not fo prceorvo us from idiended injury,
but that oor Legislation under the Constitu
tion, may coufoim to the troo construction of
that instrumeot.
Tlio information collected, pursuant to the
wishes of'youir- immcdialo predecessors, on
tbo Bubjeot ofthe Penitentiary system,, from.
Atlmr states who havo odobted it, is laid be
toro you. It ivoultfbo useless to. disguise the
fact, that bur’etTv/rts to.exeoute (he correct-
i.vo syst -in have oot been entirely successful.
Our partial fsilurmsfo- bo traced to several
distinct Contes'; tho most prominent cause is
tho insufliciericy ofthe,buildings prepared for
the purposo. Largo sums' have been injadi
berty, iind'repntatipii, are, witli us, dependent
upon the deotcioii of a singlo Judge, uncon-
trulleil and Oitcontrollable within Ills Circuit
arid nril always distinguished for ability, Intel-
llgcqco and integrity. The confusion pro
duced by cotemporary. cpnlrAtfictory decisions
overy day Increases—property is hejd nnd re
covered in onoiinrf, and lost in andihpr part
of tlte state under .like circumstances—eights
are asserted and.maintained in ono Circuit,fls
denied in another, in antilogous cases.—So
tddeh difilends upon tho opinion ofa presiding
Judge, flint suits are, mutters of speculation
anti ni.inngemciit. The, most astute lawyer,
scrupulously conscientious id tho advice given
to his clients on cases sqbniittcd to him, can
only ittfopiik .'tfiemf wjiat vvill.hh the result if
actions are brought and decided during the
term of the (hen presiding Judge. Suits are
brought b'c.posfponed;. pressed, to trial, suspen
fled, or.dclityed by the pgrtlfk according to
the known or'stipposed opioiojts.of ths presi
ding Judge and the neurnoss qr remoteness of
tlte time when a hew electiort df Judges must
Occur. . Wb hive all the complicated judicial
machinery for the correction of erronwous
judgemenlt. Appeals, .writs.qf error,motions
for newjrlalt, and in arrest of judgmept, are
used as if in mdckorji, since the. appeals, are
tried, the writs determined, the inotlonsjeci-
detl by the same judge, whose erroneous
jddgmehtU to he.oprtected, ttrrestetl or set u
side. All the delays, of the English system
are permitted, bqt time only is gained or lost,
unless indeed th.ftprijtiding Judge hat e mind pf
extraordinary vigour ^magnanimity, capable
of discovering and,prompt to confess Its er
ror*, or death ota new. qleotidn removes him
fin his plnce.Tlio destruction of this judicial oo
tarpliy.hy jlib substitution uf n singleSupreme
Judge whose decisions shqttld govern in all
the Circuits, would bo qn Important improve
ment. . It is ngt necessary .to .vest such tremcn
doits pdwcrlu the lianilsaifan individual.TItc
object to be accomplished can..be obtained by
lets' dangerous nieans. Tjte tiiost simple and
obvious remedy is tho esUbJisbinent of a
ba'iirt for the correction of errors, &c.—This
remedy catinol, in my judgment,, be applied
without a change in. the constitution, which
reiplires.that "errors shall be qprrected and
mew (rials determined, in ..the (Superior court
ofthe county in which the action originated.”
Under this clause of the constiuition.lioweVer,
convcntioits of the Judges have been required
and.in these,properly regulated, a.palliative
may bo lunnd- for the existing disorders, until
n radical cure can bo effected by an altrratitin
of the constitution. J
I lay before you ^Statement ofthe. warrants
drawn upon tile Treasury, and a list of Exe
cutive appointments' made during the past po
litical yeart and copies of ilie.annual..teports
of the incorporated Bsink's ofthe Stiite qxcept
tho Merchants and Planters Bank,' -amd the
Fire Insurance Company of Augusta, from
which no reports have been as yot recoiled-
I communicato to you dociimonts ajid, re
solutions from the state of Maine on the sub-
jjeotipf the Nor fit Eastern boundary of tlte
United States, witli copies of. a .fetter from
Governor Lincoln aml my answer—a report
of a select committee of. the Legislature qf
South Carolina', and sjmdry resolutions tin
tho subject of state rights, transmitted for the
-.purpose by Governor Taylor; a report and
resolufions adopted by the Legislature of O-
hio, expressing their opinions of die princi
ples and doctrines contained in the preceding
report from - South, Carolina, and three pa
pers received from the Governor of Vermont,
tho first on thosu"'- *-'
iMaine respecting ... .
.of the revenue of the Unitqd .Stama to the
purpose of internal improvement, the second
containing a resolution 'rojcclihg the amend
ment of die constitution of t|ie United Stales
.The two persons appointed, Messrs. Be-
tliune and Mitchell, performed in due lime
the services required of them. It is necessa
ry that yon should decidonn their compensa
tion, no provision being made for the first in
tlte act of 1827, and being deemed proper to
place both on the same footing.
ThcCtmnnissioneis elected hydro Inst Ge
neral Assembly, have .advertised for sale, in
obedience to tho act under which they were
chosen,all the lands that have reverted to the
Stuto by .the 'default of farmer purchasers.—
In ono or two - cases vour interference is re
quisite to prevent.individuals from suffoiiug
great hardships. . Tlte act for the relief of
.former purchasers, requited, that tho interest
duo and n proportion of^tlio'purchase money,
should bo paid by the 29th July last. Mo
ney for that purpose was, in some. Instances,
enclosed to tho Treasurer and entrusted tos
the mail before, but It did not renoh Ins hart’d
until qftrr that day. As tho State caii have
no desire |o injure any citizen, and must bo
unwilling to.profit by the inability or even
negligonqe of..tliq purchasers of the publio
^ y to cbiitply with their engagements,
:st to you tho propriety of permitting
former purchasers tQ redeem, their lands, nt
any time before the day of silej hy jnjf pay
ment of tlia balance of prlqotpal ■ And. inter
est due, and such an additional sunt as will
cover the oxpenses incurred,jffSpocting them,
by the State, since they wbro forfeited, ,
Tbe vfewi.entqrtninbd qf the const jidtldd-'
al obligation pf the federal Assembly to pro
vide for .revising, 'digesting and arranging,
under proper heads, the Itutly of our laws,
civil and criminal, and the ^lomulgution of
them In a convenient form for popular use,
have not been oltanged since that subject was
brought before our predecessors. To the
special message sent to the last. General As-.
SQtnblyon the 12th November, 1827, 1 rb-.
quest your Attention
he subject of a proposition from to the
sting the appropriation of a part nnd immunities
E-tcaiuuui ui mo uuiiEu otitic#, in any even*,
■.devolving'on the House of Ucnrpsentali ves of
the Congress of the United States, and the
third; in relation to the disapproval
.baina ofthe resolutions ofthe State
persons and contracted within derrow limits
■: huso -who reU-ffpoff 'tiff infloeaco of patriot
istn alone, will'be'! sorofy'disappointed. It
toy be safely asserted, that tbe. tows are in
general to far as wajinve a’rlgh'Fto expect
Ithfuliy and cnrefolly executed;
In rccoffimdVi.ding a thorough revision of
all the laws (or internal improvement, and
th.e Adoption of a system embracing within
its'sdhpp, all the- great rivers and roads in
the state, I consider it my duty .to express the
opinion, thai tfiD appropriations of money
without the adoption'tjf' q'generalAystetn
wisely matured, and to be carefully und per
-severiitgly executed, is an improvident appli
cation, if not a tvaste of the publio treasure.
Connected'- with this subject, I have to state
the great embarrassment under Which 1 have
labored with regard to the Civil Engineer.—
I found that officer in service under ah ap
pointment unlimited as to time, nnd receiv
ing under an appropriation of the preceding
yeara salary of- $1500. He lutd however
given aflti&to my predecessor of- his inten
tion to resign on a given day. - The last Gen
eral AstembJy having adjourned 'without ma
king any appropriation for tlte .salary of the
Civil Engineer, it would have been taken for
granted that whether the intended resigna
tion was made on the day indicated or not,
tho officer Was to he-considered out of the-
public.employment., The general-assembly
thought’proper to exp/ess great Hegrefat the
Toss the publio was about to sustain by his
withdrawal jVom service,and pointed, him out
as a propef,person, iu his character” ns Civil'
Engineer, th superintend the additions to be
made in the State House on a plan furnished
by him—an intimation of preference;th'e Ex-'
ecutive could ribt disregard without ti. viola
tion of therespec' ’
the Legislature,
t duo to the two branches of
tie Engineer having been
. by Ala
ihe resolutions ofthe State of Ohio
of-the 7th of January, 4 1824, -proposing the
emancipation of slaves. -
A splendid map ofVirginia has been trans
mitted, undet n resolution of that' State, by
Gov. Giles, as a present to Geotgia. It has
been deposited in tho Executive Department,
subject to the disposition ofthe General As
sembly. Copies of, the -letter of Governor
Tliles accompanying this,interesting gift, nnd
of my .ackrto wledgeiiicnt of it, are presented
with this message.
. Commissioners were appointed under the
acts ofthe last General Assembly,, providing
for the sale of the Indian Springs and McIn
tosh reserves; for laying out the town of Co
lumbus, on the Chattahoochee, and the sale
ofthe lots aqt 'ho reserved land around the
Coweta-FaMs; and for disposiqg.pf the resi
due of Vhe lot's and the- 7«WfVwTuMflt and tliq
Bridge at Macon. The first edmmission
lias executed fully the trust confided in it;
thesir.ond has', performed all that oould be
perfected—a small portion of tlio property
(town lots) still unsold—the Commissioners,
under a discretionary power'given to them by
the General Assembly, suspended the sales
from a belief that adeqiiatq, prices could nnt
bo obtained for them', Tito third commis
sion, in order td'fitfijh its labors, has yet to
dispose' of tho‘ BriSee df Maeon. Great
praitfe if due. to thidei CbtHSiilsioners aqd the
SrWWqftw’ their iridiutry
uqfmancp of their several
■Li* a, ofthe times,
iill thbplihlic p|opsrty sold, commanded fine
prices^- The mouey .reqeived and the sqms
due by purchasers wili-be stated to you in tlte
annual report of the Treasurer.
Preparatory to,jjte'iale nf tho reserved
lands of the State, under the act of the 22d
jofBsceipber. (8*7,,aaunMjror wa* appointed
to lay off the ,reiervjitioq* . named lit the 8d
section ofthe act,-and it wasdeemod expedi
ent tq Cause. ;i spi-vey to. bo made of the' Is-
i lands in the Cll»ttj,huooH' r
persons (
and zoafln tjie
diities'. r tfCAsidef I
I #’M , •, v -tf t,» •*•%.) '• ■
Before concluding this address, already'
long,, although iiWny subjects of great inter-
perform, of remarking upon aq act passed at
tho Inst Congress—the Tariff of 1828—.an
nut whiolt has filled the whole Southern coun
try with resentment and dismay. The wish
es, the remonstrances of the people and their
Legislatures in,-tile Southern-Slates haw
been disregarded, - the interests. of> whole
section of the Union recklessly sacrificed for
the benefit of q class of persqqs recently
sprung up among us, lo whom grant qftcr
grant of special favors has bean itiiproVident-
ly mado since tliq close ofthe last war.,- .Un
der tlte pretext of raising revenue, an act has
been passed confessedly to protect manufac
tories by destroying revenue—tq diminish the
public income. wltliout|essqnii)g|iqRular, bur
thens—The effect of whiuli. tnust bis, to en
rich a few villages. qnd- sir>Vll incorporated
companies, and,to rtiin states aud communi
ties. An act so strangely framed as to be
acceptable to no one, and passed,not because
there was a majotltv of Congress who believ
ed it just or wise, but because neither of the
great parties who are now struggling to make
the noxt President, was willing to lake the
responsibility of. rejecting it, for fear thut
Kentucky & fJhio, Western Maryland, Wes
tern Peiinsyfvania and Weitero Ne,w.Vorll,
might visit the rejection of it, as a, sin upon
of government. It is'hy these nieans ana
these alone, that tlte people nan be effe.:'tua|i„
relieved, and the oppressive system radienir
destroyed, lthas heretofore hnpi )(me j ,.‘v
all the departments of the General u 0 y',„
mein havo acted upon principles we beVt e v)?i
to bn unsountl, and exercised power not
ted by tlio instrument from which all
power is derived. A majority ofthe states
and ofthe prople, apparently deceived and
temporarily passive have never failed to
discover thu offences committed against thoir
interests and iiulltorlty, amt have invariably
Ity tlio judicious u?e of tho all efficient weapon
for the correction nf politicnlerrors,Election,
punished those ..who utilised theirtrust—
Wo shall find In every stage of our progress,
tiployed to ohtnin powet
rupuluiis ill its eflotts to
ambition actively emp.
and place.nnd not scrun ., .„
retain and to extend Its patronago ; avnrico
seeking to uso tho government for the gratifi
cation of its insatiable lust.
. Altho' lamentable, it is not surprising, that
-combined together with daring effrontery, us
ing In concert popular entch words; forestal
ling public opinion by reiterated assertions in
thopubllqjournnls, of long exploded errors
as sacred truths; by false statements of fact,
and delus.iare calculations; the utihallqwed pair
shoutd reach Ifigh places of trust and Imnot
and guide for n brief soason Ihe maren of Go
vernment; "Whpre reason is left free to com
bat error,!' where tho love of virtue nnd truth
Is dot extinguished, the reign of delusion is
ever transient.' In the gloom of Ihe present
hour who does not anticipate the coming
T* lu »f light are on the edge
ofthe horizon, The morning afar, will .soon
sttyid glHtering in the sky, the .harbinger of ’
that returning day, on whose brilliant light
the detested oOspr ing of Inordinate ambition
und manufacturing cupidity cannot look and
liyt.' j |
Filtoui Citizens:—\Vq have met together un
son oe* - t*«o most favorable circumstances for the
100 performance of our duties. On the great que*
Imps nbw agitating, tlig U States here, there is
\ tranquil and bauignant »ky invites
constitutional labors promising sol*
ipi* p miner any governnionir n^'Cics*
to the agricultural prosperity of the
n, vitajlv injurious lo tlte.commercfal
. of.llte Eastern and,Middle, States.
their favorite candidate. Looking upon Iras
a gross perversion of power, as indefensible
on principle, under any government, a* dev
tructive to the agricultural
Southern, v
interests of. .
and fatal to'the maritime power ofthe Union,
every honest and honorable cffor.t is demand
ed from usr by the people to ensure its repeal,
and to shield them from its Injurious effects.
It has been Imaginctf that these objects may
he effected by State legislation., jls this true?
On the most maturo reflection I din'convin
ced that it is not—that State legislation to
countervail the effects, of the act, to retaliate
IU Injuries or to exurqsS out just resentment
at its injustice,far from being useful, will be
injurious. The State.poweroftaxation, tn
which a resort has been contemplated, allim'
embracing all objects yitltin J|te State, is riot
unbounded—k is liniityd by .the obligations of
tiro Union contracted to Foreign Towqrs.and
our obligations to the other States under the
Federal compact.No State tax making a dis
crimination in faVor of tine foreign power o-
ver another, to whom' the United States had
promised equal treatment, would be defenri-
iila. No state tax making a discrimination in
favor of one of the confederacy tq. thp preju
dice qf either, or.of all the rest, would he con
sistent with our bond of Union. Can it be
supposed, that a constitution,..which ..secures
shied.
us to opr constitutional labors promising gol*
deti harvests, if those, lalwrs are judiciously
applied. Popular approbation nwaits overy
hottest effort for the public good. The grail-
tude.ofiho peoplp and.lipnorable station ore
the.bright yen ardsr if ihosb efforts are crown-.
od willt signal succei#.-, '| ,
Animated by respect, and nffoctibn fof
those wjlOjCtinflde in onr fidelity apd zenl, by
the hopes of ■present usefulness and future
renown,-wo sjiouhl.unite- ill fervtint stipplica-
tions tp the Rulec.rif Man and Empires, that
lie Will direct us in a I onr deliberations, id-
spire us-wlth a portion of Isis divine wisdom,
and make (is tire humhlfa .instruments of his
will,-iff promoting peacaatit) harmony among,
tlte people, ant) In establishing on the most
■olid basis the prosperity ofthe State.
; . A . a > arn> JOHN FORSYTH
• ' savannah,
^MONDAY Etjif?/?(G,'Npv. 10.
05 s * Our advertising friends are respect
fully requested .to hand in tlieir advertise
ments by 12 o'clock;
-’ t • - J t . V
. ?‘T. C." shall appear To-Morrow,
*rhe length of the-Governors Message
whjch stveljs our columns to day compels qf
to omij.several advertisements for which
we crave the Indulgence of our friends.
Tho following Is the suiisiancn of -two -
letters we have , been favored ivith from
Mtlledgeville dated Otb Inst. I P. ft.'
On the nbove day, in pursuance to a
resolution, both Branchesoflhe Legislature
1 assembled in the House of Representatives •
and proceeded to ballot for seven Judges—
theterm ofthe Judge ofthe Chatahoochie
; Circuit not having expired.-.
This result was as follows: . . ■ -
‘ NoRTiizmt Ctnnui r.
WmH Crawford 105
Miiiulb CmcuiT.
Win W, Holt 1*2
.Wm Schley 84
.3'l,-
Fitxt Circuit.' •
seu, met» Bonsmunon..,wmcw»sBQIItBi ■ *nl
citizens of each State all ilia privileges = £" B 2'-‘
inutilities of the citizens ol the several Sc lt0,in £ ■ - ®-
thq several
.States, does not secure the Unitqtl Sovereign
ties from the momentary capricq, the resent
ment, or the jealousy of each other j . .In the
exercise of tlieppwor ofinternoi taxation, if
tiiese opinions are well founded, all like arti
cles, ihe product or manufacture pf the other
States, riqu'st be considered and treated as of
common' origin—from whence it follows,that
all taxes, jfimposed, must operate alike on all
the States, and will be paid exclusively by
ourselves-—Unless additional burthens relieve
theovcrbljrdened, and self-infliction is retalia
tion, no beneficial effects will flow from tile
exerci.so ofthe powerof s,tate taxation. This
conclusion is neither unpleasant nor disheart
ening—it is not desirable that the stntqshould
have or exercise tho power .of retaliating up
on either ofthe United States for.the follies
or the offences of thcfjonyral Government—
nor do I conceive toe want ofthat power fa
nny impediment lathe destruction of an odi
ous litw. That law must perish where it was
horn, under the. force of public, opinion.—
Does any one beliqye.that jt enn endure—that
remonstrances aqd protests ofstates,; combina
tlons and. importunities, and dehnneiations of
individuals who Are sqfferiligbyit,. 1^11? full
unheeded on the cars'or (lie,nt present,'delud
ed inhabitants of thoso powerful states, whuso
representatives have joined to fasten it tmon
us. ^ To" meet the present evil and afford
sortfij relief until the change of publio opinion
now'silently working, is complote, slate taxes
might bo diminished. Your advice should
be given to the people to exercise the strictest
economy, to use as few of the articles nlanu-
facturod by those who are to be benefited by
the law of 1828 as their necessities will per
mit ; td ’substitutefor tho manufactures.'of
Europe,- and ofthe Northern and Eastern
States, manufactures of their own household,
to vary and'to multiply their agricultural pur
suit.. y our advice, aided''by your example,
suits.
will have the force of law, he'infinitely Set
ter observed, and produce 'the happiest eP
fects. Solemnly protost'|n the Senate of. the
United States, as that braYich.of tho Federal
Government,in which the stntes are directly
represented, against (lie act, and demand Us
repeal—remonstrate in the strongest lan
guage with those statps who hove heretofore
supported this wretched system, which uses
tnan as n mere machine, whoso labour is' to
bo directed into tho most profitable and con-
Soatleringr ,30.'| Blank
Eistcrix Circuit,
Wan Davies 184
fo
lit
' Shorter
Cobb ;
Saffold”
Blank ..
^ OcsiuLozi CihootT.
'WesTEtix Circuit..' -
Clayton' , 107
•ll.iiria. , 95)
Scsjtering A’-'-:' -3
SouTMxRtr Circuit.;-
Thqd. G Holt 153
is,
5t‘
1
61
64
t
Shorter
-Cobb ;
,'Ra fluid"
Blank'
2d Ballot.
1(4
61
21<
t
m . -r . s . a.,-
Col, G. M. Troup wns then elected Sen-
-1 ator to Congress for 0 years, commencing
'from »h,4tlfi!ay of March 1020. In con-.
se,qpen’4e of the resigpatlo^ofT. W. Cobb,
Esqr. it is expected tljat Geii. D. B, Mitoh-
ell will be elected to Complete his term’of
■scrvicp hi the Semite' nf the U. ,S. Col.
.Troup declfned filling fills Vacancy, on ac
count,of the ill state of his health’, and the
: necessity nf arranging his private ,'affairs. ,r
The election for solicitors of the rfifferent
Circuits was' to have been held on the 7tlt
. inst.. The Republican or-Troup majority,
in.joint ballott is fifty—Say 14'in the Sen
ate and 30-in the House.
The National Intelligencer of Monday
last says—We uAdcrstapd that important
despatches, brought by tho U. Frigate
Macedonian, hnvo boon received at the De
partment of Stats, commtmicajing iqforma
tion that PEACE betioeen BRAZIL and .
BUENOS AYRES u-a-jconcluded in Aug
last; and that Mr. Tudor, Reprosontativo
of the United States aFRIo Janeiro, h"ad
satisfactorily disposed of several Amorioan
.•claims on llrazill nnd made encouraging-
progress in regard tq tho rest.
1 The U.S.ship Hornet arrived atPqnsafcoia'
-from a cruize reports that ths commotion*
jU the Mexican republics are about coming,
to an end t)ii0 the public mind had become,
tranqnilfaed. . . •
NORFOLK, Nov. 4.
NINE DAYS LATER FUQM ENG*
The fast spiling,s
no uireqteq into tho most prohtaDlo anti con- „ """ "Vt^d in llainDton Ro,id«
vantont. cliannclsjhy the superior intelligence | artlved in It p
