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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 ■>?.