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(CO3AM EMIII BARTLETT— EDITOR]
Till) DEMOGIi.IT, will bo published every
rrenk in Columbus, Muscogee County, Georgia.
at Three Dollars por annum if paid in advance,
or Four Dollars at the end of the year. It is
expected that all application l’>r subscription
from a distance, will be accompanied with the
money,
Advertisements will bo inserted at reasonable
rates. Sales of land and negroes, by adminis
trators, executors or guardians, are required by
laiv to be held on the first Tuesday in tire month,
between tho hours of ten o’clock in the forenoon
4- three in the afternoon, at the court house of tho
county in which tho property is situated. .Notice
of those sales must he given in a public Gazctlo
sixty days previous to tho day of sale.
Notice of the sale of personal property must
be giver: in a like manner forty days previous to
the day of sale
Notice to debtors and creditors of an estate,
must be published forty days.
Notice that all application will bo made to the
court of ordinary for leave to sell land must bo
published four months.
PROSPECTUS,
For publishing at Columbus, Ga. a Political and
Miscellaneous Newspaper, to be entitled tU
DEMOCRA i'.
In presenting to tho puolic Ins Pros
pectus for anew paper at Columbus, the
subscriber does not deem it necessary or
expedient to go into a minute detail of his
political docilities, or of bis particular
views in regard to the various topics which
now engage public attention. He pre
sumes that his character as an editor is too
well known in Georgia to allow him to
gain credit among any party, with mere
professions and empty promises. Tho
public will be npt to look to the past in lor
tning their estimate of the futuie, and by
that ordeal is he willing to be died. In
the numerous political discussions, which
tho events of the and iy have called lortli, Ins
opinions of men and things have been free
ly expressed, and aie doubtless familiar
to many of those to whom lie now looks for
patronage and support. Those who have
hitherto approved of his sentiments and
been satisfied with the manner in which ho
has urged them, will, he trusts, still con
tinue their confidence, without the renew
al of pledges, or a formal confession of
faith.
In reference however to tho present
state of parties, he begs leave to remain,
that he trusts the absence of all political
exritoment, will prove propitious to the
cause of truth; and that now all parties, by
whatever names they may have been dis
tinguished, will be permitted to labor for
tho general welfare, unobstructed by tlte
jealousy, or tho rancor of by-gone feuds.
The undersigned will endeavor to extend
Still further this cordiality of feeling, and to
allay the occasional symptoms of exacerb
ation to which a warmly contested election
may give rise; and in this, and whatever
else he may undertake for the purpose of
advancing the prosperity of the slate, he
w ill count on the cordial co-operation of
every good citizen, however they may
have previously differed on points of polit
ical faith.
Attached to the doctrines of tlte Revolu
tion, and holding in high veneration the
memory of those heroes and sages by
whom our liberties were achieved, and our
present admirable form of govorn'oent es
tablished, the subscriber will endeavor to
manifest the sincerity of his prof* ssions, by
exciting a feeling of attachment to the
Union, and encouragine an entire cortfi
deuce in the institutions of our country.
He will inculcate the doctrine that it is
bettor to bear a slight aud temporary evil,
against which we have a constitutional
remedy, than to hazard all for which our
fathers fought and so many martyrs labor*
ad and bled. He will not iu any respect,
overlook or disregard the rights or the in
terests of his own state; vet he must always
view particular rights and interests, as re
latively connected with others, and he will
never consent to tie sacrifice of a greuter
for a lesser good.
The subscriber will endeavor to make
The Democrat a vehicle of general intelli
gence, and an interesting periodical to the
gentleman of literature, the agriculturalist,
die merchant and the mechanic.
C. E. Bartlett.
A NEW MAP OF GEORGIA.
THE subscribers have now under the
hands of the engraver ill New York,
D complete and splendid map of the state
of Georgia, the greater part compiled from
actual survey, with all the districts careful
ly laid down and numbered, the whole com
pleted with great labor and exactness front
the latest and most authentic
in a style not inferior to any thing yet pre
sented to the public, with a table of distan
ces from the seat of government to every
county site, or place of importance in the
state. Tho districts in the new purchase
and lower counties are all numbered in the
corners so as to enable a person to ascer
tain the exact situation of any lot of land
aud wilt be painted and finished off in the
t.eatest manner, a part of them canvassed
varnished and put on rollers, the balance
on thin paper nicely folded in tncocco
covers and will lie for salo in Mdledgevtlle
by the Ist of October. Tbose on rollers
at five dollars, and the pocket map of the
same size, at four dollars. Persons resid
ing at a distance wishing to procure iho
map can do so hv sending by the members
us a sufficient number of them will be kept
in Mtlledgeville during the session.
Carlton Wrlbarn,
Orange Green.
ocl, lSso
A X APPRENTICE,
WILL be taken at tins office. A
•matt active lad of good moral cha
racter None nlher uecd apply.
TUB DEMOCRAT.
THE MERCHANT AND THE BLIND MAN.
“ Fact—not fable. ” — HUlcik.
O oil Vi b Was boru at Edinburgh, in Scot
! land, ami ored a watchmaker. Being wrec
ked in l,ii fortunes, his eye-sight gone, mid
| w '*° >1 bn resolved to quit his native
j country and seek for uaw friends in the city
jof London The sister of bis deceased!
' wife requested that site might take Ins only i
, chiM, an inf tut, and adopt it us her mvn ; lie
! consented, and she called the child Julia, i
Olivia soon prepared to bid adieu to Scot- |
laud ; and that he might have a companion '
in his in slot tunes, he bought a dog, named
him Pompey, and put a biass collar ou his 1
, neck, with these words, in large letters en- I
graven upon it, “ Pompey asking aims for
Ins blind master.’’
j 1 bus ( quipped, Ogilvio and Pompey set
out on their journey, and arrived at the
Red Lion iuu. on the twentieth of June.
1 he next day Ogilvie was conducted to the
I parish of Si. Giles, where he took lodgings '
, at two shillings and sixpence per week,
i Being now settled, his host accompanied
liini&ponipey to the piazzi of Covent-gar
deu mealre, where, by tno side of the pil
lars, lie took nis stand This situation lie
occupied on all busiuess days for upwards
of eighteen years. Ogilvte a custom was
novel to speak, but always to hold his hat
in his hand, with Pompey by his side.
\Vnon any person dropped money into the
hat he made a bow, but never uttered a
word, unless ho was first spoken to, and
then Ins answer generally was “ yes “ or
“ no.”
Mr. Lovel, a merchant in iho West In
dia trade, whose counting-rooms were at
old City Champers, and his dwelling in
Soho Square, was in the daily habit of pas
sing unuer tho piazz i. One afternoon, ob
serving the blind man aud his dog, he stop
ped, and taking hold of the collar, read
aloud the inscription. Ho then addressed
the blind man thus, “Piny tell ini’, sir, by
what means you lost your sight:!’
“By that scourge of mankind, the small
pox ” he answeid
Lovel, putting a ono pound note into his
Innd, bid him good afternoon, aud walked ;
off. On his way home, his thoughts dwelt
on what he had just seen atid heard, which
filled his bosom with doep soirow ; and
what aided to create greater sympathy for
I the blind man in the mind ot Lovel, was i
I the circumstance of his having, only six i
j mouths previously, lost his own wife by the j
, same disorder, leaving him and his little son !
! John, then six years of age, to bemoan her \
untimely death. That very night Lovel
resolved that lie would ever after, either hi
going info tho city or on returning to Ins
house, throw into tho blind man's hat a
shilling or more, and for eighteen years he !
kept liis determination. Dating tins lime
Mr Lovel was prosperous in busiuess, he
gave liis son a collegiate education, bred
at the Temple, aud lie became a distiu- ,
guished barrister.
The earl of Derby having employed the
young barrister in a suit of consequence, in j
which the interest of the crowu was concern.'
ed, on the trial of the cause the principle :
contended for by the young barrister was 1
argued with so much ability and eloquence,
that the result proved fovourable to his
client. The information of the facts com- i
ing to the ear of the King, his majesty was i
pleased to confer ou him the honour of
i knighthood.
Mr. Lovel had occasion to apply to the
l underwriters at Lloyd’s, to effect an tusui* ;
; anco on a largo ship and its cargo, of great
| value, bound to London from the island of
{ Jamaica. But a letter of advice had been
received that morning at Lloyd’s, stating i
i the total loss of his vessel aud all on board
in a hurricane, the day after she sailed from
port. Tnis information was overwhelming,
< nd druvo Mr. Level almost to despair, j
Ho called his creditors together, and pare
litem a just and truo account of his affairs;
he told them that he could pay them ten j
shillings in the pound, by delivering up all
his property, which he was ready to do.
The creditors cheelully accepted his offer,
and executed to him a general release.
Five years previous to the failure of Mr.
Lovel, a most singular and extraordinary
occurrence happoued to the advancement
of Mr. fortune. A celebrated
duchess of Picadilly, with a few friends,
one evening attended Covent-garden thea
tre, to hear Kotzebue's play of Pizirro,
which had been adapted to the English
stage by Mr. Sheridan Wheu the amuse
ments were ended, her grace on leaving
the liouso, and just as she was stepping in
to her carriage, discovered that 3he had
dropped from her finger a diamond riug, of
the value of twelve hundred guineas She
instantly proclaimed her loss, with an offer
of lifty guineas to any person who might
find it. Ogilvie, who stood near, and
heard all that had been said, requested Iter
grace to extend her hand and let Pompey
see the finger on which she wore the ring,
to which instantly complied, and then
drove off for her palace. In less than two
horns after all was quiet in and abut the
theatre, and the flambeaux in the vicinity
were extinguished, Pompey found the ring,
delivered it to his master, who early next
morning went to the palace of her grace,
who received him with joy and gladness.
On Ogilvie’s presenting her the ring she
offered him the fifty guineas, as promised,
bu* he wholly refused receiving the m mey.
She then gave him a half ticket in the lot
tery then drawing. Ogilvie accepted the
ticket, thanked her, bul het good morning,
and returned to his stand iu the piazz t.
Eight days after (his interview tho ticket
drew a prize of twenty thousand pounds.
The money he deposited m tue bauds of
Mr. Newland, president oi the bank o;
COLUMBUS, GEORGIA, SATURDAY MORNING, OCTOBER 39, IS3O.
Eogl md, made that gentleman his confi
duut agent, and hanker, and the public were
ignorant of his good luck, as well as tha
duchess of Piccadilly, who did not know
the Hour hr r.
Ogilvio si S continued in his old pUro uy*
. der tiie piazz r; his friend the merchant ns
! usual, day by day, dropped his shilling into
j »'6 nit, until the whirlwind came, and ail
toe treasures of this man of humanity were
| drowned ; were sunk in the bottom of the
j ycean. I bus driven by mi fortunes Mr.
: Lovel had to a baudon iiis walk ui.d r the
ptazz r, and nui not passed that way in fif
| twen days. Tliis circumstance very much
larnieJ the mind of Ogilvie ; ho felt that
lie could not bo mistaken, because he knew
his voicp, and could distinguish lid walk
from th.it of all other pc.sous. Fortunately
ho knew hi3 name. ‘I w) |j not a
moment,’ said Ogilvie, “to search out
and find my friend! my bent factor !
Perhaps that Wene/oleut man may now
stand in need of the v ry charity which
he has so lung aud so bountifullv bestowed
on me I”
He prepared himself with money, called
a hackney coach, and drovo direct to the
house of the merchant, in Soho square.
Oil his arrival Mr. Lovel was not a little
confused, and began to apoligise for having
neglected nim so long, but observed there
was a cause.
“ I hope yt e will pardon mo, sir,” said
the blind in in, “ for tho liberty I have ta
ker, when I assure you that I am actuated
by the purest motives of gratitude, in com
ing to inquire the cause of your absenting
yourself from the piuzziT”
“ I believe you, sir,’’ answerd Level.
‘‘l shall most willingly give you the pir
lictilars of my losses and misfortunes,"which
he fully related.
As lie ended, Mr. Ogilvie put into Mr
L 'vel’s hand two bank notes each five
thousand pounds, -vliicli he had that mor
ning received of his agont, Mr. Newland,
and requested his acceptance of tiie money
as a token of his affection and gratitude, ob.
serving, tit tho same time, “I do not my
friend, consider this sum suficient lodis
chrge tho debt I owe you ; hut I hope it
will enable you to commence business again;
and be assnred, I shall seek every oppor
tunity to do y:u good all the days of my
life.”
1 So saying he departed, and went to ni«
stand in the piazza. Mr. Lovel com
menced busmens de novo, and in a little
time he stood as the first West India mer
chant on the royal exchange.
Tlte following season Sir John (the sot
of Mr. Lovel) visited the city B rth, being
tho scene of summer amusements for tin
people of fashion, and at that time w<-
principally crowded with company of ilr
nobility and gentry from all parts of Eu
rope. While at Bath, Sir John be cam.
acquainted with Li.iy Eiskiue, ftotn Edin
burgh, and her ladyship introduced him to
Julia, whom she hid arlooleJ as her own
daughter on the death of Julia’s aunt, which
happ .ed two years before, Julia was the
most celebrated beauty and belle of Scot
land. The expression of her countenance,
the exquisito propriety of her stature, and
tiie exact symmetry of her shape, attracted
and fixed the admiration of Sir John. In
her air, walk, and gesture, she mingled
dignity with grace. Her eyes, which were
!of a dark giov, “unke the great sensibility
'of her mind, and the sound of her voice
was like the sweetest music. Sir John was
; a man of sterling integrity, deep learning,
! mildness of temper, aud greatness of soul
j At the assembly he had the good fortune of
: having Julia for a partner in the dance, and
the next day he met her at the Font. The
nectar of tiie waters of these wells, as Beau
N ish, tlte old king of ceremonies al B ttb,
used.to say, produced . pulsation of the
heart v hich ” C’no but lovers feel.’ Sir
John declared Iris passion for Julia, and
, became her accepted lover, and the consent
of Lady Erskiua to their union was readily
obtained.
The next day they set off for London
' On her arrival, Lady Erskine took the lov
ers with her direct to iho pal ice of her
grace the duchess in Piccadilly, who re
ceived them with open arms. When she
was informeo of the intentions of Sir John
and Julia, she insisted on their being mar
riod at h r palace, as soon as the parlies
had made their arrangements, and so it
was seitled. The next day Mr. Ogilvie,
the father of Julia, and Mr. Lovel tiie fa
ther of John, met at the palace, when tiie
lovely Julia for the first time iu hnr life had
the happiness of seeing her father On
her being introduced to him the old man
lost power of utterance. Copious tears
was shed, and the scene was ludy affect
ing, although it was a joyous meeting to
them and all the company present. Mr.
Ogilvie gave his full cousem to Julia’s u
nion with Sir John, and settled on her ten
thousand pounds' Mr Lovel settled on
Sir John an elegant house in Golden
Squat e of tho value of ten thousand pouuds,
aud gave him twenty thousand pounds in
niouoy. Sir John aud Julia insisted that
their fathers should retire from business,
and live with them iu Golden Squire, and
that Pompey should accompany them, to
which they consented.
Her grace gave them n most splendid
wedding, j—st before the ceremony Com
menced, which was performed by the
Lord Bishop of Loudon, us a token of love
and esteem, she put on the finger of Julis
the diamond ring which her father and
Pompey had found at the theatre,
A’. Yu rh Mirror.
Jetoish Legend —An emperor who hud
lime ot no religion, coiled together tier Jews
*'t his court,of whom there were many, and
Mated iiis deleiinitiation that they should
all come into the presence us his people, aud
prove whether Judaism or chiistiauiiy were
tlte best religion: if the former were shown
to bo the hfsi, the Christians were to be
stain; ft tln* latter, the Jews were to be do
stroyed. No sooner did the Jews hear this
ihatt they fasted, put on sackcloth, and en
treated one of the ’hief tabbi’a to prevail on
the king to alter bis tnieoiicux As, how
ever he was inflexible, the rabbi, whose
name was Elitzi- .allied if he would give
him ten days time, and allow him to pay a
visit to the court every day. To this ilie
king acceded. Accordingly Eluzer came
to see the emperor the next day; but he
looked very much dejected and grieved,
which the king observing, inquired the
cause. To this Eliczer a lowered, “Before
I left, some sr-ingeis called, who insisted I
should settle some affairs fur them which 1
know to bo out of my power, and ou toy
begging them tiol to trouble uie, they depar
ted.” ‘Should they return to molest you”
s iid the emperor’ “let me kuow.” And
Eliezer having offered his thanks, retired.—
The following day Eltezer said to one of
his servants, “Take a cane iu your hand
and give me twenty stripes over my face,
week and shoulders.” At this (lie servant
was astonished, and refused to punish so
good a master, but at length, as the com
mand could not be evaded, he obeyed, and
the blood trirkled down the rabbi's body
who immediately had liis wounds dressed,
and in tliis woful plight returned to the pal
ace. As soon as ho entered the king in
quired what had befallen him? “The two
brothers I ItavP named before,” said Elie-
Zer, “returned, and wished me to arbitrate
between them, I told them I would do so
as far as lay in my power, aud asked them
what they wished me to do. They inquired
if I were not a judge of diamonds; I told
them I was. One the brotheis then s.nd,
We have a kiud'father; he has given me a
most beautiful and valuable diamond, and
mine is the best.’ No’ rejoined the other,
‘the one that our father has bestowed on
me is superior to yours; and ilns, Oh rabbi,
is tho affair we waul you to settle.’ On
hearing this ! desired them to produce ilieii
diamonds, promising them to decide fiirly;
but they replied that their father was living
m a distant countiy, that the diamonds were
in his possession, and they were not to re
ceive them until n certain time. Astonish ed
it their demanding my opinion under such
circumstances, I remonstrated with slum,
when, to tny great surprise, they violently
vaulted rue at J gave these wounds ’ No
• ■oner hud the rabbi made this statement,
• ban the emperor and his nobles appeared
exceedingly exasperated; and so enraged
vas the ding that he was about te swear
that the two brothers should die for their
cruelty and folly: “What;" exclaimed Hie
-mtparor, “shall two such wretches liv< ?
He who acts tnus is worthy of death!”—
“Stop, O King,” replied Eliezer; ‘thou an
the man! H >st thou not issued a decree as
to the two religions God has given to the
world? Hast thou not threatened death to
those who do decide between them? And
who can tell which is best until the end of
time?’* - Bril. Mag.
A Singular Adventure. —Once upon a
’time a traveller stept into post coach.
Ho was a young man just starting in life.
Ue found six passengers about him, all of
them grey headed and extremely aged men.
The youngest appeared to have seen at
least eighty winters. Our young traveller
was struck with tiie mild «nd si g daily
happy aspect which distinguished ail his
fellow passengers and determined to ascer
tain the secret of long life and the art of
making old age comfortable. H- first ad
dressed the one who was the oldest, who
told him that he hid always led a regular
and abstemious life, eating vegitables and
dricking water. Tho young man was ta
thbr daunted at this inasmuch as he liked
the good things of this life —Ho addressed
the second who astonished him by saying,
that he had always eat roast beef and gone
to bed regularly fuddled for seventy years
—adding that ail depended on regula'ily.
The third lie pr> longed Ins days by never
seeking or excepting office—the fourth by
rosoiutely abstainig ftotn all political and
religious controversies, and tlte fifth by
grting to otd at suusel and rising at dawn.
The sixth was apparently much younger
than theothor five—his hair was less grey
and there was more of it—a placid smile
denoting a perfectly easy conscience in ant
tied his face, and his voice was jocund and
strong. They were all surprised to learn
shat he was by ten years the oldest man in
the coach. “ How,” exclaimed our young
traveller, “how is it that you have thus pre
served the freshness of life—where there
is one wrinkle on your brow there are fif
teen on that of each and every one of your
juniors—tell me, I pi ay, your secret of
life »” ‘ltis no great mystery” said- the
old man “I have drank water and «ine
I have eat meat and vegetables—l have
held a public office—l have dabbled in pol
itics aud written religious pamphlets—l
have sometimes gone to bed at sunset,
and sometimes at iniduiglit, got up at sun
rise and at noon—But I always paid fur
my newspaper !
Wealth is never tho source, hut may of
ten be the means of happiness. It may
help u.v to attain those objects which afford
solid enjoyment; it may assist us in those
duties which yield lasting consolation to
die mind.— (i. Dominie.
VOLUME FIRST-NUVL..f 3
G O VE ; IN<)RS M EmS \G E.
ExKctiTivr Df.P4RTiie.vr G* /
• Mi 'nigcTitie, October IP, 1830. j
Ffllow-Citizkns,
Tins : rear number of persons ivlin have taker,
possession of the t Invokec territory in search of
gold, in defiance of the authority of the Suite, to
the injury ot the ptu-lie property and hu rights of
the Indiums lias msd. i necessary that you should
be assembled together sooner twin the lime ap
pointed by law for the tnccting of the Legisla
ture.
In the ealy part us the year, gold w as discover
ed in great quantities iu the Indian lands. The act
of IctlW, having fixod U]«oa the first of .Inno, ns
the time when the laws were to be extended over
that part ot tho State, all persons reamed to con
sider themselves at lil . rty in the mean ’.me. to
appropriate as much of its mineral riches t. the,:i*
sclvos as possible Tho whole community be
came very much ox ited. Tho profit-- of those
engaged in searching for gold, very very great.—
The love of gain, ulw ays one of the sir ngost pas
sions became sti a lated to exco-s Al! classes cf
people but especially tiie idle and profligate, plea
sed into the mineral rongion, with the hone of ac
quiring great wealth with little lalsir. The thou
sands of persons thus colloetedt ogetlier, all opera
ted upou by ii.atiyes which lead to the most of tbs
disorders of society, and freed from those re.
straiuts which the laws imposed upon tho civil
dipositions of men, exhibited a scene of vicious in
diligence; violence and fraud, which would not
have been t.delated for a moment, if the means
could have been used to prevent it. The Indian
right of occupancy was wholly disregarded. The
Indians themselves were n t even permitted to
have an equal enjoyment of the riches of the earth,
which circumstances had thus for a time made
Common to all. 7he Cherokee government, of
the importance of which to the Imliidis so much
has been lately said, proved utterly powerless to
protect anv rights, or punish any wrongs. The
magnitude of the evil was such that it became a
matter of consideration, whether the Legislature
should not be called togolhvr to pr. vide fir it
some proper remedy At this time the bill for tbo
removal of tin; Ciierokoea beyond the Mississippi,
was depending hnfnrd Congress. The Govern
ment of the United States was, for iho first time,
earnestly endeavoring to execute the contract of
ISOM The manner proposed was lielieved t«> ha
tho only practical one, Consistent with humanity
to the Indians, and justice to Georgia. Unfa In
nately for the country, tho opposition to tho Ad
ministration determined to make the proposed 10-
moval of tho Indians u parly question The facta
connected .. irh the subject were found to be so
far removed from iho knowledge of the people, a*
to afford ample opportunity for tlte instruments of
party strife to mislead the public judgment. It
was considered proper net to call the Legislature
together, until tin result of this extraordinary
struggle in Congress w’as known A h q>e was
also eutoitained. that when tho laws n( the State
want into operation, our citizens would be disp
ed to respect their authority ; and such would
probably have oeen the case had not a largei num
ber of the persons engaged in searching fur gold
been from other States. Tlioir refusal preveotod
the obedience of the people of this State. Before
information was received of the Indian bill, the U-
States' troo-.s had. in Ibe mifbi.:c<itent of the r.on
intercoursc law, lemoved all persons, whether
fiom this or other Stales i 3 intruders upon the
Indian lands. Although the most confident opin
ion was entertained, that the Ifri-ted Statos'
troops hid no such authority, its exercise was
so beneficial for the time, that no opposition was
made to it. The correspondence with the I'rsei
dent and War Department, will explain more ful
ly the opinion and policy of the Executive upon
this subject
The calling of the legislature together at an
unusual time, is so inconvenient to the niemliera
anti an expensive l<> the people, that the design of
doing so was relinquished, fr m the belief that it
might not be necessary On the hist of J-ino tho
laws of the sta'c wee declared n force over the
( hcrolteo country by public proclamation A
distinct proclamation was at the same time issu
ed dec.aring the light of the late to all the g M.
and other valuable minerals, in its ngranvd
lands occupied by the indians The right thus
asserted was supposed to he established t y tho
Customary law of all the Euro lean nations, who
made discoveries, or forme ■ colonies on the con
tinent, by tho fee simple or allodial title which be
longs to the stale, to all lands within its limits,
not already gianted away; and tho absence of
all right in the indians. ’hoy never having appro
I priated ihc mineral riches ofihe earth to their own
use. Immediately after the issuing of this proc
lamation, a competent and faithful agent was ap
pointed, with directious to prcscri e the rights,
thus asserted, from violation by all tho means
which the tonus nl tho law and the nroccsß oft lie
courts would sanction This dot' was rninptlyr
attended to and although it was known that oc
casionally mam persons were engaged in taking
gold, yet it was hoped that the efforts of the agent
and the foice of the United States' troops, would
finally prevail in stopping them, if not entirely, at
least so fur as to prevent the necessity of result
ing to other means; nor was this opinion chanced
until it became tc.o late to call a session of the
last Legislature Tho Militia would have been
employed in projecting tho rights of ihe Statu to
the gold, and removing tho e who were trespas
sing upon that right. If!he constitution and laws
had given nre that authority The law which
attached different portions of the Cherokee Ter
ritory to several counties, so as to include tho
whole wit bin the organized limits of the Statu,
contained no prohibition against white persons
mingling with the Indian population, or entering
upon the lands occupied by them, neither had a
ny law ofihe Sta e made it criminal to take min
erals from such lands The gold diggers were,
therefore, neither subject to arrest or anv oth.ir
criminal process. Under such circumstances, if
an attempt, had been made to remove them hy the
use of extreme force, should death have ensued,
it would have been mu del in the uctors If or
ders had not been given to use that kind of force,
the employment ol ilie militia would have been
worse than useless. The Governor, however,
has no power over the militia, except in cases of
insurrection invasion, nr the probable prospect
thereof. Hut, if I had been invosted w.tli ample
authority to have called out the militia, and tho
intruders had gro sly violated the penal statuses,
or trespassed upon tho acknowledged nghis of
tho State in its possession, yet no apprnpriali n
of money had been made by law by which I could
have armed, equipped, and supported, for a sinirlo
day, a sufficient body of mill■ is to have effected
the desired object. Ferhips the public interest
would liavo boon advanced, if the Legislature hid
been called together, as *»on ns it was discovered
ttda the Executive power was insufficient to pro
tect the public property One advantage, howev
er, we have tho right to expect from the course
which has been pursued. All persons every
whore must l.e now convinced of the nocc-sity
which impels the Slate to exori iso jmi nlictioa
over its Indian territory not only tor thn protec
tion of the property of the State, hu' the rights
of the Idinns. and that the < Ihcrokeo Govern
merit, if it had b on permitted to exist, would
have been wholly incompetent, under present
circumstances, to discharge any ot the dutios fur
winch govern monte a o organized.
Yotit intention is requested to bo given
as early as possible, to tho payrigq of such
law, ns you 'imy suppose turn ( < ff i tea', fi r
thn Hiuoval <>t the persons at pi ear-tit upou
tire public lauds (catching foi gold, us well