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VOL. li.
THE CABINET
Is published every Saturday i'. L.
JWBINSOJY, JVurrentun , Gee. at
three dollars per annum, which may be
discharged by two dollars and fifty
cents \f paid within sixty days of the
time of subscribing.
MILLEDGBvILLUi Sd. Nov.
This day, at 12 o’clock, the Gover
nor transmitted to both branches of
the General Assembly, the following
MESSAGE:
Executive Department, Geo. 1
November £d, i829. J
JFellow Citizens.
Soon after the adjournment of the
last General Assembly, the necessary
measures were ad pted to carry into
effect the Resolution of the 20tli Dec.
1828, relative to the land in the po -
session of the Cherokees, believed to
have been comprehended in the con
tracts made with the. Creeks by >he
General Government. A ommission*,
e (Col. Wales, of Habersham,) was
a pointed to collect information in rc.
la i m to the boundary line between
too Creeks and Cherokees. His re
port, with the evidence collected by
him, haying suffo iently established in
the opinion of the Executive, that
the proper line between the tribes re
November, 182 r, began at Suwanna
Old Town and ran thence to the
Hightower river, th nee to the nioufh
of Will’s creek on the Coosa, nnd
thence by the old creek path to the
Alabama litre, Col \\ *Jcs was author
iz<’d to employ a competent Surveyor
and assistants to run and mark the
line. Copies of the iusvnn (ions t
tiie Commissioner-- of his Report of
the evidence collet ted by him, and nf
the Map of the line marked under his
direction, are herewith cocamuuica
ted.
The Territory in question is estfo:
mated to contain 1824 square miles, i
nr L 167.369 acres—the soK is repre-;
sented to so fertile.
As soon as the line was run by the
Surveyor, wilder the direction of on
Comtnisiouer, (the evidence ctfHecteu
having been previously traiwuitteil)
a map of it was sent to (lie Preside.!),
of the United States, with a request
that he would the Indians rsid
mg upon the Territory immediately
removed The answer of the Presi
dent to this application, delayed by
the accidental miscarriage of the mkp
first prepared for his use. has been
recently made though the Oep rimciit
of War, in two cotnmuuicfctions, here
with presented to you. Iu the firs ,
-we are told,‘the President consider
it improper for him to offer any opin
ion on the question of title,’ but earn
cstly desires that Georgia ‘will forbear
any course that may appear ct>.pul
sory. in the second, we are informed
that the President prefers to refer tie
matter, for the present, to a different
tribunal. To collect evidence on the
facts, upon which the claims of the
State to the occupation of the lauds is
founded, the principles upon whirl
that claim rests, being substantially
admitted by the Secretary of War, a
gentleman of high character has beer*
selected. General Coffee, of Alabama
who will proceed immediately to tin
execution of this trust. The com
plaints of the Cherokees of intrusions
upon their lands, have produced o<
order from the War Department, fo'i
the remove!, after the 15th of October,
of these white persons who have set
tied between the ancient and inodcr
line seperating the Creeks and Cher
okecs. This order is a decision
gainst us until further enquiry. T<
w hat'tribunal allusion is made, is nr/
explained. Vfe cannot object to an
investigation of the facts deemeu
War rent on, November 7, 1829.
necessary to justify the removal
of the Indians; but the character,
of the State Would be compromit
ted by any attempt to enter into iuves
tigation, as the adversaries of the
Cherokees, before any comroissoner,
however recommended by his impor
tant services and spotless integrity.
V/hat is most to be regretted, is the
determination of the Federal G-vern-
to <tu r e the law regu a ing
trade and intercourse with the lodl
uns. 5 f the evidence collected by our
Commissioner, proves (but the land
between the two is comprehend J
ed in the List Greek contract, the law
of congress docs not apply to if j the
Cherokees arc not the rightful dccu !
pants. If they are rightful occupants,
the law of o gress. tin- question of its
constitutionally bring waived, cannot
operate after June 1830. If not al
ready within the exception of the 19'h
section of the art, in Juoe next rho
Cherokees in Ge rgi-t wifi become so,
as they will he wstHian the ordinary
jurisdi tion of the State. Hpe is
entertained that circu >stmnces m>y
allow the S ! *cretGrv at War to coan- i
termand the - rder before the time ar-!
riv**s for its execution, and that no c,c- ;
urrenre will produce any excitement j
!of collision between the General and !
State Government*. The application !
to the President of he U. Slates to in- i
terf re, was inconsistent with our al- ■
leged right to deter ©Hr all such qticg'i
lions wi.lioiit the intervention of the
authority either *f th Ex native or
legislature of tin Union; but hav
ing been made, in deference ts past. j
usage, from a sincere de ire to ac; in
concert vvttb the idoimtsiration of the
General Government, a regard for
onsistency. nor = a.,. o j
j sped, for the authority which we have!
’ appealed* unite to r• ?• p. us to wait j
I tranquilly for the decision we have
‘invoked* Tte mly subject for con
sideralion see ms to b , whether in an*
: ti ipation of tluit derision, he it favor
ole or adverse to the State, s kiio pre
p tralion is not proper frr tho survey
4 till disposition of the laml during the
• uitcdl year. By this course, if the
LulUns *re removed, the country
will be earlier made useful to the
State, and no other better mode pre
seats itself for temperately asserting
the claim of the State, should unfor
•unatciy tii© Chief Magistrate of the
U. Stiles ultimately differ with us in
the question of right, hi your rlelib
rations on this subject, you will not
foil to bear in remembrance the grate
ful fact that the present Federal Ajl
owdstration is duly sensible of the
long forbearance of the State, and of
Mil* unfeigned anxiety to have our
laims adjusted, and rights enforced
without further angry discussion, and
with the least possible inconvenience
to the only Tribe of Indians which
can now r b© affected by them. I ha\e
the satisfaction to communicate an
other correspondence with the De
partment ot War, on the subjec t of tee
Indians—the Creeks and Cherokees.
The opinions upon which the act ex
♦ending the State laws over the Indi
ans within our Territory is founded,
accord with those of the present ad
ministration of the Federal Govern
ment. In the exercise of our sove
reign power limited as it is, only by
be constitution of the U. S. there
little danger of our again meeting
s, jtli formidable obstacles from the
, imposing authority of the Executive
,f the Union. While indulging san
guine expectations, tl at the compact
f 1802 will be either fulfilled, or put
train for fulfilment before June
1850. pi udence requires that Legisla
uve provision should bo made on the.
possibility that loose expect**ions my
be disappointed. The Indi ins who
in iy cnjtinue within our jurisdiction
after Jdie 1830. will be subjected to
such l ive as the Legislature may
liereaftel prescribe. Great care is
necessary to mature provisions for
the protection of their persons and
property, if they are to remain tit the
anomalous condition in whi ii they
are placedby the act of 1828. Tri
j bunals for he trial of Indians a cused
jof crimes are to be designated, and
j the forms aid rules of proceedings es
i tablished—She courts which are to
| have jurisdiction for the redress of
injuries indited by then or upon
jthem, wherethe hiflicCor or sufferer
is an India* or a white man, ere to be
ascertained or Treated by law, and
the mod/ok proceeding prescribed—
II *w Guardians are to be selected for
them—the authority and privitegeij of
thosj guardians alien selected, rc
quirt mature reflection and careful
Legifation. The character of the
; Statofor generosity and in *g :snirni
ty dhiates enactments &s lib*ral as
; the m-ral and intellectual condition of
this dt pendent people will permit.
Whatever nl the exer- ise of a prudent
forecast may b determined upo, one
provision is required by a due regard
to our position, as a member of th*-
Government of the U. S., a small (ax
should be imp wed upon all the Luck
ans within our Territory, that in <Ue
next general census they may be e
numerated and form a part of our
Federal Representative population.
The last session of Congress hawing
~|4 , (Rid any decision on tfie
qtiestion nf Florida line, eerious
doubts were entertained whether the
General Assembly of the last year,
did not intend that the line should b
run under the direction of the £tate
Government On a careful examin
atinn of the Resolution of tue 6 ‘lerai
Assembly, and of the proceedings of I
tiie two branches f U ingress, and a
corresp indence with the Delegation
from t his State, it was considered that
the failure of Congress At the
session, to act filially upon the qu ‘s
lion, could nt he fairly r*g*rded
as a refusal to utake provision for run
tong the line, in conjunction with the
authorities of Georgia.—Copies of the
answers of those of our delegation who
replied to the Executive enquiry, and
of the circular letter addressed 6c rjf,
are laid before you.
The appropriation of the last year
for the support of the Fententisiry re
mains undisturbed m the Trebury
When it is recollected that an appro,
ation of the same amount, £SOOO
made for the preceding year, was ♦**.
hausted by the end of the third
ter—that the institution wa pressed
for debts and unable to meet its en
gage meets, when delivered into ifc'e
hands of the offi ers appointed under
the amendatory act of 1828, it will be
admitted that the institution, had been
managed with skill and economy. It
may bo safely taken for granted that
henceforward appropriations for its
support will not be wanted. The
comparatively rigid discipline of the
year has not been without its moral
effect upon the habits and character
of the convicts. Great improvement
in these respects cannot be expected
until such changes are mad** in the
building as will enable the officers to
keep the prisoners separated during
the night. The association of some
six or more persons of all ages, and
convicted of crimes differing in de
grees of atrocity, in <he same room
without restraint upon their con versa
! thin and actions, is ruinous in its
.consequences to the young and to the
-dd. The old *re uanfoo | .ip
guilt* ami the young thoroughly “*r
rupted, leave the institution when the
tern of their iinpris undent ended, a
depts in all the arm of villauy, to
practise on the community the lessons
learned from their veteran instructors*
in my owo opioion. it would be wise
to ‘oiistruct anew building on some
navigable w*ter< whin , where stone is
atiuud iht, on the pi odd if the. Peni
tentiaries of Nwv Y >rk—employing
the convicts in the work —Believing,
however. that at present the p>.* pfo
would not approve the requisite “x
----pendi ure* as they <>/ toe syste u, I
would earnestly recommend that per
mission be given to the Executive to
use the appropriation of the last sea-*
sion if the General Assembly, in ma
king such alterations in the present
building, as will afford a seperate
sle ping cel! for each convict.-
From information received from
those a q'Minted with the probablo
cost of the. proper alterations* it may
he confidently assumed that the aim
nnw in the Treasury, set apart to the
us oi tiie. Penitentiary, wdl be amply
sotKi ient foe ttie purpose. The Ub >p
withM the walls may be done by tho
convicts, &.id the materials can bo m{j.
<Uiued with litile cost The R ports
of ijie Inspector# for the three past
quarters of the year are herewith
communicated. The present condi
tion if Mie ftrstjtuuon may be accu
rately known by a careful examination
nf them. Tr.e attention of the Gener
al Assembly is fovjtrd 1.. tho remarks
of the XnS'iiecinrd Us u,M * t PH f >rf ! ‘ n
the suujoct or the .up !i y and injoa
tii eof the s sci • of punishment fixed
fcy tho peiul code, as eihibited b* fie
seriteacra under wl w'b convicts fr
crim ’s difflricg, in degrees of gudt
are suffering, and **tso to the f: t sta
ted in the a*jntii! l^essag 1 of 1823, hat
the crime • tnveigiiog si if*% if com
mitted by a w ut.e p >rsoo, by impris
onment in th’ renitenti *rf for a* foosi
four ye<rs, wnit; 1 ) tar came offence
committed by free person of color, is
punishable by iinprHoufQ tnt in the
PenUentiary for otic year only.
Tbe W':n , of uniformity in the judi
cial admiois ration of our laws* hta
Oeen so oftnn the subject of Executive
mess ges to the Legislature, that no
J.iusi m would now be made to it, if a
cause lately represented to the Exec
utive, had not disclosed a difference
if opinion, among tbe judges, and
consequent variance in their practice,
on au important branch of our crimin
al !ot. Tli** constitution gives to thp
superior courts the to correct
the errors of all inferior tribunals. In
the exercise of this power some of the
judges issue writs to correct the errors
of the court* created for the trial of
free persons of color and slaves. Oth
er judges* believing that these courts
are not recognized by the constitution,
aßno appellate or supervisory juris
diction is given by the law creating
them to the superior courts, reject all
applicant for writs of error to correct
their proceedings At the first glance
this difference of opinion seems to be
extraordinary, and the constitutional
power of the superior courts sulfi ient*
jy clear. A little reflection on the
acts regulating the trial of slaves and
free persons of color, shows that the
decision against th** power, is at Fast
sustained by legislative sanction, t’ho
act considers slaves and free persons
of color without the pale of the con
stitution. The propriety nf reconcil
! ing the practice of the judges, in t
‘question affecting both property snd
life, by an amendatory art, need not
be pressed upon tho attention of th#
General Assembly*
Vo ■>?.