The Georgia constitutionalist. (Augusta, Ga.) 1832-184?, November 13, 1832, Image 2

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Tin: ro\* rit i tio v\ listT |{ f* 4* f ts. f A* MS f 'VCMI. j y TERMS —For the semi-weekly paper, published erc-ry TucsJay and Friday inomin;:, .V.'» prr annum an«i for t!ic weekly S;3, all payable in amance. BS ADVERTISEMENTS are it.-. rte d weekly for K 2 I S! Pints per square '• ***tn -wc< klyfi’J 1.2 e-ents Inr the first, and 1.1 3-4 cents for each subsequent insortion, nnd monthly for * 1, 03 per square lor each insertion, ior yearly *n *n Jvi j»nv .*<■ arc l»f ina«Ws \ dr»f*r n i*> made i-*** bu\crti*c u»mt« oi pwUictffii' cC**. gj PiKtigr nu- be jvud on lctt« rs oi At 12 o'clock fa-day. h;» Excellency the Governor, traos'a.tlcd to koih Hous' a the following JIENSACrK : K vtKTTIVE DEPARTMENT. Ga. ( Mll-I.EU3EVII.LK, Nov. 6th, 1t32. \ fVLLO*-Cum£%•■=. — When we take a survey of the of the closing? year, it produces niingh d emotions of •pleasure and pain. Our actual condition anl enjoy urents n» a people, arising from climate, soil, and g>od government, when compared with other portions of the world, admonish us to admire, and adore the divine Au ihor of our Multiplied blessing*. Nothing ks.? transpired to lessen our attachment, or diminish ort confidence in the good systems of govern ment u ruier which we iie <; ; wc s.outd, there to re crier i*h an increased /.cal, and an abiding hope for the per petuation at our Irec and happy insulations. The truths of history do not authorize the belief, that wc are to en joy the inestimable blessi ias o: liberty and tree govern ment, founded on principles of e<j»fd rights, without vigilance, and constant exertion on tin part of the pco pie, who are the only legitimate source ol governmental poN\*q. tJirr conflicts v.-.ih Federal usurpation arc not yet at an end ; tho events el the past year have afforded us new cruse for distrust aud dissafis.action. Contrary to the ealightensd opinions, and ju*t expectations of the people at tivif- and every other State in the Union, :t majority of the Judges ofthe Supreme Court of the Coi led States, have not only assumed jurisdiction, i r . the rases of v\ orocster and Butler, but have, by the*.- deci sion, atiornpied to overthrow that essential jurisdiction ofthe Mate, in Criminal cases, wlnc.i has hem vested by 'OtrrConstitution, in the Superior Courts ol our own mate. In conformity with their decision, a mandate was issued, directed to onr Court, ordering a reversal «fihe decree, under which those pc sous are imprison. «d ; thereby attempting, and intending .o prostrate the sovereignty ut this Mate in the e.ver'.'.se ol its Consti tutional, criminal jurisdiction. I riese extraordinary proceedings of the Supreme Coin ~ have not been sub mitted to me ofii'-’iaTty, nor have they been brought be fore me in any manner, which called for my official ac tion, I have, however, been prepared to meet this usurpation cf Federal ]«>v. er, with the most prompt and deterrr n»fd resistance, in whatever form ks enforce ment Itiigbt have been nit• rnpted, by any branch ol the Federal Government. It has afforded me- great s itislac t»on to find that our whole people, as with the voice of wnc man, have manifested a calm, but firm and deter mined resolution, to sustain the authorities, and sove reignty of their JState, against this unjust, and unconsti tutional encroachment of the Federal Judiciary. Ihe ingenuity of man might be challenged, to show a single •vnienec, ia tb<- Constitution of the United States, giv ing power, zither direct or implied, to tlie General Gov emmet!*, or any of us Departments, to nullify the laws of a S 'v, enacted for the government of its own popu lation, o« coerce obedience, by force to the mandates ol the Judiciary of the Union. On the contrary, the jour nals and proceedings of the Convention hat framed the Federal Constitution, abundantly evinc- , that various at tempts were made to efiect flint object, all ot which were rejected. This proves that the .States ol this Union never will permit their political rights to bo suspen ded ngsjn the bieath ol the agents or trustees, to whom they have delegated limited powers to perform certain definite act-L I, however, deem it unnecessary for me, at tlrhi tiiae, to uninindvert on this decision ol tho ISeprcrne dfourt- Its fallacy, its inconsistency with former deci mous, and its obvious tendency to intermeddle w ith the jMflrtifal rights of the .States, and to change our Feder t system into one consolidated mass, has been so often exposed by the most able jurists and statesmen, that a Aurgc majority ot the people of this Union are confirmed tin *k»* conviction of the fallibility, infirmities and errors '•of this supreme tribunal. This branch ol the General '•Government must henceforth stand, where it always •oughtto have stood, in public < sfnnulion, as being liable «o all the frailties ard weakness of erring man. Shortly after the adjournment ot the Legislature, in December last, I communicated directly to the Presi dent of the United States, the views ot tins State, as manifested by her Legislature, on the subject ot our unoccupied lands lying in Cherokee County ; and at the same time, frankly communicated to him my views, • especially as to tho necessity and importance of an im mediate survey, and perhaps, occupancy ot these lands. The President has manifested equal soli tide with » ourselves, to affect an amicable and satishu y adjust ment of our territorial embarrassments. lie has pro nosed to the Cherokee people, terms of the most libe t.ral character, with a view to induce them to emigrate Y. i the West, and thereby to enable him to effect tho eat object of Ids solicitude, in permanently benefiting Utuv' unfortunate, and deluded race ; and, at tho same (time, to fulfil the long, and delayed obligations of the fanned 'tales’ Go vermin m to Georgia, entered into by Hhc- ocm pact of 1802. Notwithstanding the extraordin ary' -liberality id the propositions submitted to the f ho rokcon, and the kind spirit in which they were present, .ell, the-enemies of tho President, and of Georgia, have «o tar succeeded, as to prevent any satisfactory arrange, meni v treatv wi h them ; and their reply to those li beral jj-opootions, evinces a most arrogant and uncoin, jpratnnmg spirit. Every day* experience ItasafTordeJ new evidence ot tlu 1 uttorimpraeticab lity, and impolicy of attempting any longer, totaainta;'i our laws and government over flic Chovvkoe of Georgia, without an increased, mid better popt'arion. Every effort has been made by the Executive,, to maintain the inviolability of the laws of the '(ate. hi <t "In rokce county; hut these efforts have not been attendwith the desired success. Our laws have been repent Jly violated, and tor the wain of that moral force, wiii-N pervades counties inhabited by a more dense, enlise.u iud, ami virtuous population, the transgressors have soutetimts escaped merited punish ment. Our scattered population ot good character, who now inhabit this county, have often found themselves destitute of security from the depredations of dishon est men; and when .they have sought protection from the laws of the tUry have often found those laws evaded, wid perverted Ly combinations of such charac ters. aid.d by the ice aud eounsi 1 of those, whose enlarged aequireiucuts-sii.-Hiiii have directed their inllu < nee ut aid of the cadoe.of justice, and the supremacy of the laws. Legal and peltifogcii / subtilities, in this county, seem measurably to have triumphed over equi ty, and a fair administration of tiic law. Not only ilk Sutircjae Court of the United States, but the >U(»erior, usd evui tiie Inferior Courts of onr owu State, have so far aided itt overturning onr laws and the policy of our ttmie government, as to d. e larc thflin unconstitutional, and order the discharge oi* pri fluoers arrested and toujined under tiieir proviiims. Nevertheless, amidst all these irregularities, siril.'s, n«d disorders, the re is much cause of sincere gratifica tion, that the events of the year have produced nothing more seriously injurious to the interest and character of tfee Mate. I The survey of the County of Cherokee, in conformi ty witlg am] under the provision* of the several acts of th« Legislature, has ]>, en completed without anv seri mis obstacle or difficulty ; and m the exercise of that discr, non confided to me by law, i hav< not hesitated to move forward in that dire.c Hue, w hich I deemed best calculated to ensure a speedy settlement of the unoccupied lands in Cherokee county. Accordingly, in doe lime, the Justices of the Inferior-Courts of the flerefa! counties were notified, and required to execute tbfl duties devolving on them, in regard to receiving, and returning the nanu-s of persons entitled n draws in the il.otteyics ; which having been done according to law, aud the ticket* having boon prepared, the Lottery Com. imssiojicti wer* convened, and commenced tho prepar atory arraign ments for the drawing, which was com utcncvd or. tpe 2?d day of October last, and is now in prpfTfss, inula.- t’aei* superintendemee. ■f dt on. it unnecessary at this time to enter upon an enlarged vindication, cf tuc policy which has been pur- by tit* autiiori:i,.3 cf Gi-orgia, on this subject. Suffice it to say, that-I have, daily, increased evidence ghat our pedicy has k.-n Uiun-ced ;a wisdom, justice,nad .true benevolence, aud Vili ere terminate iu the prtsalvation of a rcu.naut t'fu tj iinlortunate ludu , and our staic will he relieved ftcui the libels end i oniKamssiucnts of a tiiirty.years evnaoy/irsy. It now becomes my duty to call the >ci*oas and deli berate 4t ten tarn of the Legislature, to the subifiji ofthe present condition, of the l-herokec-s, who temyia with, in our state. 15y our existing laws, tlu ir homes aud im jrovrm n*s are -ccurt d ia them so long us they m:<y cboo«ft tj. - »b« TO.. ; Silt L VS >re*bv u k means adapted to the ft urity ot thetr person? and pro perty. Therefore epecial and appropriate legislation ia most earnestly recommended; whereby these object* will be secured to them, and their rights be as effectu ally, shielded from violation, as those of the whiteman. It is due to the character of the state, that this depend, cut people shtMtld be protected by laws as liberal as may be con*:s’ent with their moral and intellectual condition. To afford them such protection, and to extend to them suitable privileges, without endangering the lights of our own citizens, will require the moat cartful dclibcro. tion and prudent forecast. The I.md fund, set apart by the Legislature, has been found insufficient to pay even the legal expense* of sur veying the public lands. Nothing therefore remain to discharge the various expeii* «, necessarily incident to the preparation for carrying tlxc lottery laws into effect. The Legislature will perceive the necessity of provid ing, nr an early day, lor the payment of all arrearages, nnd olio r expenses appertaining to this business. It is the more urgent that it should be done without dilay, from the eon-ddc ration, that many needy persons have already p< rformed much useful labor for the public, who have not received any compi nsation. While on this subject, it imiy not be improper to re mark. tint the Executive has not only been embarrassed on account ol the inadequacy of the land fund; but from the improvidence ot the las! Legislature, in providing the no an- at the Treasury to meet their several appropria tion*. Tue appropriations for the past political year greatly exceeded »he available means at the Treasury. This omission ol the Legislature was discovered at an early day after the adjournment of their last annual s«s sion; and after due con*aderation, it was determined, to endeavor to sustain the operations ol the Government by other no-ans than that of an extra session of the Legisla ture. 1 therefor? applied to the Directors of the Centra! Hank, laid beforeViit-tn the situation in which the* Exvcu. rive was placed, aad desired to be informed how far that Institution c .uld, consistently with its charter, accom. module the Government. The Directors, w ithout hesi tancy, m .nifested every disposition, to grant any accom moduli ms, which might be legally extended. And by an arrangement, agreed upon, the Hank has taken up A paid ofl the Executive warrants, whenever the means to m,et them were not found at the Treasury; which ■warrants have been taken up by the Treasurer, as fast as the means were received at that Department. Thus, through the agency ofthe Hank, 1 have been enabled, so far to meet the appropriations of the Legislature as to avoid the deprecated, necessity of Convening an extra session. Hut doubts being entertained, as to the com petency, of the Hank to meet the entire dom mds, author i-ed by the Legislature, 1 have therefore been placed un der the necessity of discriminating, between appropria tions, made for the indispensable, operations ot the Gov. ernment, and minor and individual interests. The Re port of the Directors of the Central Hank, which accom panics this message, will exhibit the extent of the ac commodation which has been granted to this depart, mi nt. From this statement the Legislature, will be a ble to ascertain, the extent of the deficit, which has ac crued at the Treasury, to meet tne Executive Warrants, which have been drawn on the several appropriations for the current year. What ever legislation may be necessary to remedy the omissions of the last session, upon these several subjects, commends itself to your immediate at. ICllti'M. The act of the last legislature abolishing the Penitenti ary system in this State, in connection with the facts, of the institution being embarrassed with debt, almost destitute of materials to carry on the different branches of manufacture, and the interior buildings and workshops being in an unfinished and unsuitable condition, to aid the important objects ofgood government and useful business; all combined to impress upon the present managers of the institution, a spirit of despondency. Nevertheless, lam highly gratified to have it in my power to present to the Legislature, demonstrative evidence of the spirit and ability with which the institution has been managed dur ing the presenet year. It will be seen by the reports of the Inspectors, herewith transmitted, that the labor of the convicts will more than defray the ordinary and cur. tent expenses of the year. The internal police ot the in stitution. has been such, as to prevent escapes, secure the health and comfor of the convicts, and at the same time, it is believed, that in many instances, reinitiation has been effected and in some, that it will proveto be permanent. As far as the means of the institution would justify, a proper forecast has been directed to the procur ing of an ample supply of timber and other materials fur manufacture ; but the appropriations ot the last Legisla ture were nearly exhausted at once, in the payment of debts, against the Institution, contracted in the year, 1831, for building, and various articles of supply. The outsianding debts due to the Penitentiary, is a sub. jeet which deserves special attention. Between fifteen and twenty thousand dollars of unavailable debts appear to he due to the Institution; most of which were con traded previous to the year 1829. A portion of these debts has been placed in the hands of Attornics tor col lection, all of whom have not yet accounted satisfactorily for the amount thus placed in their hands. I herewith submit to the Legislature, a document exhibiting ail the information, I have been able to collect on this subject. At present it believed, that the fiscal transactions ot the institution, are conducted with system, skill and pru dence; which will hereafter prevent any materia’loss, if the present regulations are continued. The books and ac counts are kept with great accuracy, and credits are ex tended with that caution, which will in tuture, prevent the accumulation of bad debts. Front the indications of public opinion, it is believed, that the abolition of the Penitentiary system, has not re ceived the approbation of a majority ot the people ; and 1 feci assured that the experience of one year, under our present code, has strengthened public opinion in iavor ol tho Institntion. A general disposition seems to pervade the communi ty to shield culprits from the infliction ot the sanguinary punishments of our present criminal code ; and hence it is that frequent applications are made to the Executive to grant reprieves and remit the seniences ot the Courts. Imprisonment in the county jails, being a common pun ishment, inflicted on the violators of our present crimin. al laws, is found to be expensive, and in many cases bur thensome to the counties; which tends to encourage ap. plications for pardons even where there is nothing to ex tenuate the guilt of the offender. After tho most mature reflection, I cannot hesitate in arriving at the conclusion, that Penitentiary confinement is, by far, the most economical mode ot punishment for crime ; and from the operations ol the present year, I in -1 dine to the opinion, that if the system were reinstated, and appropriately patronized by the Legislature, it would be certain to defray its expenses, <fc perhaps, at a day not far distant, become a source of profit and income to the, Blaic, r liould the Legislature determine to revive the system, a due regard to the reformation of the convicts, nnd profitable management ofthe institution, will require 1 a further improvement ofthe interior buildings and work -1 shops, and a more ample supply of various materials for fabrication. The necessary appropriation to accomplish 1 these objects, under proper management, could not fail eventually, to be a measure of economy and saving to the state. The sure defen-.e and fortress of liberty is the militia —the citizen soldier. But in no country can it be rea soTv.ibly expected, that every citizen should be trained «St ready tor the active duties of a soldier in the tented field. The "Government, relying as it does, on the militia for defence in time of danger, should unquestionably have some organic ’tion, whereby it might not only know its strength, but have,at r eady command, the power to con. ccntrate an efficient poriion of its martial force, at a short warning, which in any e,nergency might serve as a rally ing point tor the great body pf its militia. It is not with in the range of our state goveri.vnent, to keep up a stand ing army ; nor is it compatible with our views and policy. Nevertheless it is believed, that voluntary associations, of active and patriotic citizens organized Mtider legal sanction and encouragement, might-afford, to ever/ Cp-C --| tion of our state a rallying point, in case of sudden alarm from any quarter, foreign or domestic. The few returns vhich have been made 10 this Department from Division and Brigade Inspectors, and various other sources of in fit tnation, can leave no doubt of th-- fact, that our present militia system has sunk under the imperfections of its own structure and organization, and unless renovated by legis. laden, may lie considered as nearly extinct. L’ndcr these •circiuo-tances, it becomes highly necessary that the Le. gislature should take this important subject into serious »;onsidtration, and provide by law sonic plan of organiza ticn, in lieu ot that which has practically become abso lute. As the distribution of the public arms under the law ofthe United 'lutes, lor arming and equipping the niilin i. is made among the states according to the re • tiv esn «.ngth of the nr.lita, it is a matter of interest to ob tain acc irate returns ot the torce ol the state—and the disorganization ot our system is such as to render it im pos-Me to ascertain the entire strength of the militia ot the state. I consider it highly important that the cf tecth e strength ol the militia should at all times be knos *nst there should ho at least one Company of well trained Volunteers, iu each county in the state, and in the populous counties, perhaps more—that provision should be made for arming andiraining *[J such Volunteer Com. panics, and that they should at all antes, hold themselves in readiness to obey the calis of their country in cast of alarm or danger—And further, that provision should be made tor enlarging such Volunteer force, whenever the situation of the country may demand it. gut past ex. perieoea demoiistrated, that if theso views should b« adopted, it will be indispensably necessary to make am. pic provision for the preservation, safe keep: a ?v< due return -t the p».l!> arm? when tailed for. *’ V Unless this object can be effected, it will ba worse than useless, to attempt to carry into effect, the plan now sug gested. I have ascertained that most of the public arms, which have been drawn from our Arsenals, tor \ oluntecr and other service, since the year may be consider ed as lost to the state, and those which are not entirely lost are chiefly in a ruinous condition. In many instances I find bonds on file in this Department, for the sale keep ing and return of the arms thus distributed, when called tor; but in moat cases, the makers of these bonds.it is presumed, are now dead, removed or insolvent, and the companies dissolved. Since 1 entered upon the duties, of this office, 1 have received various communications, from highly respectable individuals, some written, but mostly verbal, informing me of arms and accoutrements being in their respective neighborhoods, in a situation to be lost for want ot care. In several cases where I have attempted investigations, I have not been able to find a responsible individual; and without legislative provision, 1 am at a loss how to proceed so as to save tois public property from entir* loss. The arms thus scattered over the country, as well as many in the Arsenal at this place, will never be of anv public value unless provision is made I for collecting, cleaning and repairing them. It may b< proper to state, that under the provisions oi a joint re solution of the last Legislature, tnore has been organized, during the present year, thirteen volunteer companies, which have been furnished with arms from our arsenals, it will he seen Irom the reports ot the Military Store-Keepers, that our present supply ot arms is so greatly diminished, that volunteer companies cannot coutmue to receive supplies, unless provision be made for trial purpose. 1 he framers of our state constitution were not un mindful ot the important subject ot education. I hey cotir-ider the cultivation, ol the arts and sciences indis pensable, to the prosperity of a tree people, and we therefore find the most imperative language used in that instrument, to impress the legislature with a sense ot its duly, in sustaining the cause ot education. lae lust*, rv of the legislation oi Georgia will shew that attention to this subject has not been wanting. Our statute books exhibit a mass of legisl ition and expenditure upon the subject of education, that has scarcely been surpassed bv arry'ot our sister states. Hut upon a review ot the whole subject it must he admitted, that the advantages derived by the people of Georgia, have not been com mensuraie with the labour and expense. The present prospects ol our University afford just *n courugement to the friends ot the arts and sciences, to continue to foster and patronize that institution. The prosperity of our College is so closely identified with the character and interest ol the state, that under proper management it cannot la.l to become a favorite institu tion with the community, and receive a liberal support irom our whole people. Our Academic and I’oor School systems are admitted to be defective and by no means satisfactory to the com munity. In view of these defects, the legislature, at their list session, adopted a resolution directing the compilation of all our Academic, and free school laws, now i:» force ; and also to authorize the Governor to ap point three suitable persons to torm a system ot Acade mic and free school instruction, to be as nearly uniform as practicable throughout the state, and report to the pre sent Legislature. The compilation so authorized, has been p repared and published by John A. Cuthbcrt, Esq. under Executive appointment; and is executed with the charm teristic accuracy and ability ot that gentleman.— Hut 1 have to express my regret, that I have not been able t» meet the expectation ot the legislature, in hav. ing submitted to them a system ot academic and tree school education, as authorized by the resolution refer red to. At an early day after the adjournment ot the last L' gislaturc, my attention was directed to this sub ject ; mid a correspondence was opened with several in dividuals of this State, who had manifested considerable interest in advancing the cause ot general education. Hut smong those, who were believed to possess eminent qualifications for this important undertaking, none could bo induced to engage in the arduous and responsible la bours contemplated by the resolution of the Legislature. To perform this work to the satisfaction ot the Legisla ture and to meet the public estimation, in point of utili ty, it was believed, that qualifications ol a literary char- should be combined with an extensive acquain tance with tin feelings, habits and interests of our de versified population. The peculiar situation of this state —the habits and feelings of the people—the sparse, ness of our population, in many sections—the want ot fixed and permanent school districts, by known and well defined boundaries—and various other considerations, must betaken into view, in framing a successful com mon school system. The Legislature of Georgia, at an early period of its history, with a spirit that deserves commendation, made liberal provision for the endowment of an academy in each county in the State ; the application of which lias been left to the trustees of the several county academies; consequently, there has been no uniformity, or general plan es operation : no systematic adoption of measures which were calculated to ensure success, alike to nil. Notwithstanding the neglect of which many trustees may have been guilty, it must be admitted that great good has resulted to the community, from the endow, ment c.f these county seminaries.- Tile benefits have been mostly felt to the immediate vicinity of these insti tutions, but in some instances have been diffused more or less, "throughout the conntics. Our success in the application of the fund set apart for the education of poor children has, like our academic fund, been beneficial in those counties where it has been well managed and prudently applied, while in others there is just cause for complaint. It is believed that our academic and poor school funds might be better applied to purposes of useful education, if our present, imper fect evstem were wholly abolished, and a system of com mon school education, organized and patronized in lieu thereof. I have examined with care, and reflected much upon the systems of common school education adopted by the different 'tales in the Union, and marked the va ried success of each ; and although the experiments of other States, may afford much light to dirictour course, yet I am fully convinced, that, to ensure success incur community, we shall find it necessary to adopt a plan, which shall be based upon the actual condition of our own population, and not flatter ourselves with the idea of success, by merely following the footsteps of others, whoso habits and modes of thinking are so very differ ent from our own. The State of Now-York, as well as the New-England States which have succeeded best in diffusing the blessings of education to their whole peo pie, have all niaihtaincd the right and duty of the Legis lature to provide for the education of their entire popu lation. And for the purpose of effecting this object, the entire property of the State—no matter in whose posses sion it was found—has been made subject to taxation for the education of all—-thus regarding the children of the whole community as being under care of the Govern ment. Whatever advantages may have been derived by such Legislation, and the establishment of such princi pi s in other 'tales, I feel assured that such principles mid such legislation are by no means suited to the feel ings and habits of our people. L is believed that no legislation upon the subject of general education, however wise the scheme, can be successiul, which does not receive the approbation of the people, and excite enquiry, interest and zeal among the great body of the community. Let the people once turn their earnest attention to this subject, ami they will very* soon become convinced of the great importance and necessity of their individual exertions to secure the benefits of education to the rising generation. Upon due reflection and full examination, the people will become convinced, that the proper education of the rising gene ration, is directly and intimately connected, with the in tercst, happiness ami prosperity of their country, and the perpetuity of our present civil institutions and good torm ot government. The neglect of educating our children will inevitably tend to the decline and fall of our republic. Our government is based upon public opin. ion, and that opinion to be salutary must be enlightened. Let that knowledge which accompanies a good com. n,.W school education, be diffused throughout our coun. try, arui tli« iron sway of ignorance can never bo wield, cd by Demagogs W til? destruction of liberty. With out this diffusion Ot knowledge, l : ko other republics, oar career of liberty may termu.utc in licentiousness, anar chy and despotism. Therefore if we would transmit to posterity the sacr«d legacy which our Fathers have be qneathed to us, we must not disregard those means, up on the use of which the permanency of those blessings so essentially depends, W e must bring into r«.quis;- I tion all our means for the diffusion of education, and thereby give impulse to public feeiing. If possible we should penetrate the bosoms of our whole population on this select, by exhibiting to them the practicability and importance ct each member of society contributing some humble share to tire great object of raising talents, merit and genius from obscurity to the highest w*lks of life, and in bringing the lights of educa-fion to every dwell ing within the limits of ohr beloved State. Let it be re membered, that every school that is established—even child who may be educated—every log school house that is built affords a new pledge in favor of the great cause of education, liberty and free govert^Krent; and at the same time let each individual in the community bear in mind, that duty to his country- assigns him a part in this great work. The Reports of the Superintendents of the public hands, herewith submitted, will exhibited the operations, progress and success of that branch of the public scr vice during the past political year. Although further experience has continued to develope additional imper lection? m the laws providing for the improvement of . «>ir freut market roeds. and new obstacle* to a!! tfc--,t succci? which we desire, are occasionally presented to I thosa who superintend the work, yet my confidence that 1 the svstem is a good one, and that it ought to be contm- I ued and improved is, by every day’s experience, more i fully confirmed. Georgia has not been wanting m ef forts to facilitate the transportation of the immense pro duct of her fruitful soil and industrious population. sums of pubhe money have “been expended, lro = time to time, with a view to the improvement ot our n** vigabte waters ; but for the want of skill and expert, ence to direct its application, it must be admitted, that the people have not derived those benefits which they had a right to expect from the amount thus expended. It is believed however, that no want of success which may have hitherto attended our attempts at interna! nn proveaient, should for n moment, abate our zeal or retard our effort*, in a determined and vigorous prosecu tion of such public works as the best interests ot the people demand. I would not only recommend a con tinuance of our present system of road improvement, but that it should be strengthened and improved. Ex cellent roads have already been made in in.try parts ot the state, by the labor devoted to that object; but every part of the state has not been made to feel the benefit ot the system ; and those parts which have derived no be nefit will, from the nature of things, become restless * dissatisfied, unless they are made to participate in the benefits as well as the burthens of the system. One ot the most formidable objections to the present system is that the roads, after being made good, are not kept m repair ; and from the nature of onr soil, and the present plan of constructing our roads, unless reoairs, at the pro per time and in the right mode, bo str attended to they must necessarily soon fall into a ot dolipid.i tioii and ruin. It is the incumbent di of the Legis tare to provide a r emedy tor this evil : winch it neglov.- ted, will most assuredly destroy the w hole system. On lv provide for keepmg the roads in complete ordl t which are once made good by the stale hands, and m less than twenty years, Georgia will have the best roads of any state iu the Union. It is submitted to the Legis lature. whetht r it should not be made the duty ot the county authorities, in which ro ids are constructed by the state hands, to receive such roads Irom the -uperm tendent and thereafter be compelled to keep them in as good order as when received. Upon all the road- con structed by the state hands, such provision should be made bv law, as would ensure tiie keeping in good repair, of all necessary bridges A; causew lys, as well as the roads, 'ome arrangement should bo made which will ensure a general diffusion of the benefits arising Irom the system to every section of the state. And to prevent the con flicting claims of different communities from embarrass ing the operations of the superintendents, and throwing more than a just share ot responsibility on thorn, I would dectn it most advisable for the Legislature to de. fine ar uoint out the principal roads which shall have the pi . cnce in order of time. I respectfully submit to the gislature, whether, under all the circumstan ces, it might not be expedient to provide tor the increase of labourers. The settlement ot the North W estern section of the state, will loudly call for road improve ment in that quarter. We may anticipate the day when Georgia will enter the list of competitors for the most splendid and magnificent works ot internal improve ment ; when, with pride, we may point to her rail roads, c mals and turnpikes. Hut before the accomplishment o’ these grand objects, to which n iture seems to have invited the hand of art and industry, our territory must b; settled and the natural resources of our state devel oped, which ah tie can give the true index to direct i.iese great works. For the present, let our expendi tures be chiefly confined to our great market roads, and let every portion of the state participate in these bene fits. Let our roods be directed to our own Towns at the head of navigation ; and where it is practicable, let cur rivers be improved, not only from thence to the O it an, but as fur into the interior as can be effected by reasonable expenditures, in the removal ot inconsidera ble obstructions. I consider it an object ol great im portance, that the falls ot the Chattahoochee from 'I est Point to Columbus, should, if practicable, be surmount, ed by the hand of Art, so that our rising population on the borders of that noble river, may enjoy the immense benefits which would flow to them through tout chan nel of commerce. In conformity with the provisions of a resolution of the last Legislature, authorizing the up. pointment of a competent Engineer to examine and re port to the present Legislature, upon the practicability and probable expense ot rendering the Chattahoochee river navigable from West Point in Troup county m the Town of Columbus, an arrangement had been made, by the selection, of an individual highly recommended far his qualifications, by which it was expected, that tnc present Legislature would be furnished with the desired information. The correspondence herewith submitted, will shew the cause of the disappointment. The circulating medium, or currency of onr country, having long since been changed from specie coin having an intrinsic value, to that of paper, purporting to be the representative of the precious metals, it becomes the in cumbent duty of the government, in authorizing the issue of such paper, to guard well the interest of its citizens, against the frauds and ■. devices, which experience has demonstrated, are too olten practised by Corporations possessing banking privileges, with power to throw into circulation an unsound and deceptive paper currency. The currency of our State consists almost exclusively of the notes of our own local binks; and therefore our people have a right to expect, that tile solvency ot these institutions, should he placed upon a basts, which should not subject the community to the ruinous consequences, which must inevitably grow out of Hank failures. I lie late failure of the Bank of Macon should be a sufficient warning of the instability of all such institutions. The Legislature at their last session, expressed their con. fidence in the good condition and management of that institution; since which time, its defalcation has proved to he deeply injurious to the interest and credit of the state, as well as the interests of many ot our honest anJ. unsuspecting citizc us. The public interest demands, that an immediate and thorough investigation ot the atlairs of that institution, should be instituted by the Legislature, and to farther that object, I herew-ith submit all the in formation I have received on the subject. The privileges heretofore granted to Hanking Com panies are not to be violated. Hut I would unhesitatingly recommend to the Legislature, the adoption of such measures as may be best calculated to ensure to the peo. pie a sound currency, and prevent our banking institutions from speculating on a confiding community, by extend ing their issues and other transactions, beyond the letter and spirit of their respective Charters. That love ot gain, which is so inheient inhuman nature, is a constant temp tation to excessive issues of Hank paper ; and the Com mercial, and other contingencies, to which all communi. ties are liable, subject Banks, thus situated, to failures, whenever a general demand for specie may be made up on them for the redemption of their Bill 2. The issue of bank notes under five dollars should be discontinued, and gold and silver coin be made to supply the place of such notes. This would at all times, keep a considerable supply of specie in the country, and thereby enable the Hanks to meet sudden pressures, and would moreover have a strong tendency to equalize the value of Bank notes and coin. I will not conceal from the Legislature, that it was with feelings of reluctance, tiiat my assent ■■" as given to the acts granting Banking privileges, at st session. These feelings were yielded alone, i r ■ of the situation of our rising western town ad increasing population. If Banks afford any advantages to com mutinies, it was believed to be fair and right, that those advantages should be extended to the people, in every section of the state, and not permit the monied influence of the country to be concentrated for the exclusive ad vantage or depression of any particular section. All legislation which gives exclusive privileges to capital, ists, is calculated to increase the power of the rich ; while the humble members ofsociejy who are incessant, ly laboring at their daily avocations for the sustenance of themselves and families, have neither time nor money, to participate in the profits and influence, which are secured to banking and other similar corporate companies ; and therelorc have a just right to complain of that government, which increases the power of the rich, at the expense of the poor. Equal protection, and equal benefits, are all tiiat the poof ’ttanasks from his government; and nothing less will, or ought to sat.r f " a citizen of this free coun. try. But on the other hand, the rich are s“ldom satisfi ed with equal protection and equal benefits, — Their inor dinate c* ings for governmental favour and protection, I have t y produced the mast alarming results ; such as | threa - • ; destruction of the Federal Union itself. The. sos tfiis state, upon most subjects of genera! j interest, nave become so multiplied, and complicated, & | ui some instances, contradictory ip their provisions, ast - render a faithful, just and uniform administration pf them exceedingly difficult, if not impracticable. 1 would there, tore submit to the Legislature the expediency of provid, ing by law, for a general revision of the statutes of this state ; embracing in a compact form, the several statutes relating to its civil polity and internal administration; the whole to be consolidated and arranged in appropriate chapters, titles and articles : simplifying the language thereot, and all omissons and other defects supplied by the compilers—'the whole of whjch should be submitted to the Legislature for revision, adoption or rejection. It is believed that other states have succeeded in similar efforts to the one now proposed—-and why may not we succeed ? Wo have competent individuals who could discharge with ability, the arduous and responsible du. tics contemplated—monos experience, general science and elevated legal standing, U bile I entertain the high est re spec t and confidence in the Qcnera! Assembly of thin state. I ccns’dfr its str.'utprf and fermatioq such, a? to exclude the hope of effecting the very desirable object herein contemplated, by the ordinary process of legists tion. A revised code of our present statutes, embrac ing their present substance in a concise, perspicuous and simplified form, can only be obtained from the labor of patient research, and uninterrupted reflection; based up on talents and qualifications of the first order. The territory embraced in Cherokee county, should be divided into counties of suitable size and form, to promote the convenience of that portion of our popula tion who may inhabit that section of the state ; and the organization of such counties should be provided for without unnecessary delay. The situation ot the pub lic property embraced in the fractional surveys, re quires immediate legislation, which will place that por tion of the public interest beyond the probability ot tresspass or intrusion—l would threfore recommend that said fractions be disposed of with the least possible de lay. and be made available for public uses. Tiie various acts and resolutions ot the hist Legisla ture, requiring Executive action, have been carried into effect, or are in a course ot execution, with the excep tions herein before pointed out. An abstract of warrants drawn on the Treasurer du ring the political year 1832 : a list of Executive appoint ments made during the recess of the Legislature, and the reports made utliis Department, by the different Banks, accompany this message. \ arious resolutions passed by the Legislatures of several of the states, up on subjects of general concern, are also herewith trans mitted. • • , A beautiful Map, Atlas and well executed statistical view ot the state ot Maine, h*<s, by the direction ot the Legislature of that Mate, been presented to Georgia, in a manner worthy of that patriotic state. And as the organ of Georgia, when acknowledging such lavours, 1 cannot avoid feelings ot mortification, that " e are no bi tter prepared to reciprocate such kind attentions. I might here close this communication under the con viction of having submitted tor the consideration ot the Legislature, the most important subjects which will re quire their attention during the present session. But at a time like the present, when our country is agitated from its centre to its circumference, upon subjects ot \i tal importance to the cause ot liberty and the perpetua tion of our civil institutions, I deem it to be a duty at. taohed to the trust which I occupy, to give a free and frank avowal of my sentiments upon the exciting suh. jects before us—regarding alone the interest ot my country. Upon all subjects relating to the usurpations of the Federal Government, and especially upon that of the Protective Tariff’system, great unanimity ot opinion pro. vails throughout this, a id the Southern Slates generally. Thev never will be reconciled to the present tariff, or the principles on which it i? based. They believe it to he contrary to the principles and spirit ot the Federal Constitution ; and the auxiliary measures, by which this odious system of taxation is kept up and supported, are no less objectionable than the Tariff itself. Ihe partial and extravagant appropriations ot every succeed ing Congress, since the introduction ot this desolating and strife-stirring system, clearly evince an abandon, tnent of those principles ot economy and republican sitn. plicity Upon which our Federal system is based, 'lo pre serve and perpetuate the blessings ot our political in s'itutions, it is indispensable that the Federal and state Governments should he kept within the limits ot their constitiitioual spheres of action. Intolerable assump lions and usurpations, which will not yield to the or dinary influence of reason and justice, must be checked by some means ; and the power lo accomplish this end, must unquestionably resiclu in the respective sovereign, ties. It is inconsistent with every principle of liberty and free government for the political reserved rights of a state, to be confided to, or dependent on the decision of any power under Heaven, except it be the will of her own people. When burthens become insufferable, the time, the mode and the measure of redress are qu*»- tious which must be determined by those who feel thetnsclvcs agrieved—and this brings us at once, to the questions which at this time, i> itate the public mind. Tile people of this state have already, through their primary assemblies, a* well as by their Representatives in Congress, and the state Legislature, repeatedly re monstrated and protested against - the protective Tariff system, and declared their interminable hostility to it. While the feelings of our people have been strong and urgent 0:1 this subject, they have nevertheless cxercis ed a spirit of moderation and forbearance under the prospect of relief being afforded, before indurance would become intolerable. We have looked to the final ex tinguishment of the public debt, as the period when we should be relieved from the burthens of unequal taxa tion. And our hopes have been strengthened and en. coHraged from the patriotic and independent course which has been pursued by the present Executive of the United States, in arresting by his Veto, unconstitu. tional measures of expenditure. This check upon the extravagant measures of Congress has been well calcu lated to strengthen the hope, that the Federal Govern ment might finally he brought back to the principles of the constitution. Hitherto we have confided much in the republican doctrine, that freedom of discussion would eventually* give to truth the victory over error; without considering ns wc ought, that exceptions must be made wh- re the majority believe it lo be their interest to du c*ae erroneously. But whatever may have been our anticipations, thus far it must be admitted, that our reasonable expectations have been greatly disappointed, and that the burthens of which wc complain have been but partially alleviated. Nevertheless, with these discou. raging facts before me, I still feel extreme reluctance at the idea of yielding up all hope of a peaceable and sat. isfactory adjustment of these perplexed and embarrass ing questions, through the operations of the constitution. al authorities of the country. The proceedings of the late session of Congress were noted with intense in tercst and solicitude, and with a spirit and desire to find something in file proceedings of that body, tending to harmony, founded upon acts of justice, and a more sa cred regard to the principles of our Federal system. But each succeeding mail, during the late long session, did but strengthen my misgivings, in longer looking to that body to save the country from the threatening evils of that partial, oppressive, and unconstitutional legisla tion. Yet justice requires the admission, that in the passage of the Tariff act of the late session, a majority of both branches of Congress did manifest something of a spirit of conciliation towards each other. This majori ty too, manifested a spirit of co-operation with the Exe cutive branch of the Federal Government in sustaining this act, which (although, by no means, a satisfactory measure of compromise,) has been calculated to allay present excitement, and to check the impetuosity of the rasli and violent. This act was passed by the votes of members who did not approve its provisions, but sustain, ed it as a choice of evils. They voted for its passage in preference to disunion, or the Tariff act of 18)28. While I consider the principles ot the late act, equally, if not more obnoxious than that of 1828, yet I am bound to admit, that it relieves the whole people of the United •States of a portion of the burthens of taxation ; and there, fore it may be considered as an effort, at least, on the part ot a portion of the friends of the protective system, to modify the law. so as to make it less obnoxious to our feelings. But unless this step of conciliation is follow ed by further concessions, they do but deceive them selves, if they suppose that the South will ever become reconciled. Upon a full view of the whole subject, I would most decidedly recommend, that our forbearance and moderation be made manifest to the wholo Union, before we enter upon anv doubtful or violent remedy, calculated to jeopordise the existence of the Federal Union itself. Our complaints are just, and our cause righteous—indurance is not yet intolerable ; and a new Congress, under the last census, will assemble under circumstances, and at a time more auspicious for calm and patriotic deliberation. lam not a stranger to the selfishness of man and of communities, but I have not yet lost all confidence in the virtue and intelligence of the American people. If our oponents be capable of wise self government, they must crc long be brought to see the justice of our cause : based as it is on principles no less essential to them than to us; at least, may wc not hope chat the common classes of the laboring peo pie, every where, will yet be brought to unite with ns against the whole system, as being designed to benefit an aristocratic few, and to oppress the poor for the ex clusive benefit of the wealthy. But should these, my ocst anticipations, be founded in error, and originate in Weakness, I beseech my countrymen, who are in favor of direct and immediate resistance, to remember, that they are required by every principle, of sound philosophy virtue and patriotism, to exercise patiences and long forbearance toward their brethren, of . . same faith and principles with themselves, in regard to me usurpations of the Pedeaal Government. Jt is truly gratifying to Know, that the southern people aye so well agreed, as to tiie existence of the evils complained of. This being t.*e case, nothing hqt Union apd concert are wanting to give an irresistible, moral force to our opinions and feeh and to make ourselves formidable jn qny event. Tq obtain this desired union of action, time und labor ars required. |dq not consider the mode and manner Os producing tIiC4P joint deliberations material, nos do I care by what name such councils may ho palled. Jt is only necessapy, that these measures should emiftata directly from dje enlightened and deliberate will ol the people ; founded upon their inherent and ’.tnaliena hie rights ; admitted to be extraordinary, and intend ed to meet a mast extraordinary crisis, state can act efficiently in sustaining her just right* agaiqst a mighty power, unless her own population are united in the policy to be pursued. I cannot consider * for a singL sure, upon her separate action, tc undertake to force a redress of grievances from the I • ral Government, while her sister slates, equally inter/ 4 * ■re not even consulted as to the policy to he Principles of common courtesy must concede to the bers of the same confederacy or copartnership, a J - participate in all councils, where the subject under ' ° sideration, and the policy to be adopted, are equal/ 011 ’ teresting to each member. Whenever a case, i, ow ; lru shall arise, wherein a single state shall be opp rts? /I‘ f ’ the usurpations of Federal pu\vt r, and that pressure > be confined to her local interest alone, and const produce no identity of feeling, and; interest in the o*h states; then I would consider it the incumbent the aggrieved state to j udge and act for herself, i ni ] -V ently of the advice and opinions of others.— R j s l the sovereign character of every state of the Unio maintain its territorial rights and policy over its ''* population. These are rights which can never ( )f rendered by a free state, or submitted to the arbi; r of others. But upon the subject of the Turitf S or ' Georgia undertake to redress the wrongs of tli P -*' 1 * South ? bhall we not harken to the voice and J l,,e r , • , u u'.or* ments ot our sister states, who agree with us in pie and feeling ? Or shall we precipitately rush to^ upon a novel and untried theory, which may dis inKl^ sister states, end in abortion, and prove to be worse •/' submission itself ? Tiie states which agree in 'fvrin C; - i ' must be brought to act in concert, before they car '* souabli hope to produce the consuniation desir// the opponents of the protective system as well as P "! true patriot and friend ot the Federal Union. Sep-./; action upon this subject is calculated to engender %*** and disunion, anarchy and confusion, among brethr * the same principles. 1 The mystical doctrine of Nullification, ,u cont ■ for by its advocates, has only tended u> bewilder f i minds of the people, inflame their passions, and pren .* them for anarchy and revolution. Whenever its-i- f ; it engenders the most bitter strifes and animosities dissolves the most endearing relations of life, j Nullification to be unsound, dangerous A dclusiy/"* practice as well as theory. ’ 14 Its advocates have, with great ability, siideavojed make their theory harmonize with the principle* /j operations of our Federal and state systems of Gov tr tnent. But in my opinion, the very essence of their cot" 1 trine tends directly to destroy all harmony between th* Federal and state Governments, and must inevitably pro, ’ dace the most direct and vexatious conflicts, wheiie» er it may be attempted by a state to enforce the theory 0 f Nullification. lam unable to comprehend, or concrin s peaceable constitutional harmony, which would attend a measure cmenating otic twcnty.fouth part of th« soveriegn power of the Union ; which measure should stop the revenue operations of the Government. Grtn ingenuity has been exercised to blend this new theon I with the admirable principles and doctrines of 8 ia;» 1 Rights, as set forth and successfully advocated (it , Thomas Jefferson. But after the,most diligent research 1 I have not been able to find where Mr. Jefferson cv#r - attempted to delude the people into the belief, that wli ea ; reason failed, mid endurance became intolerable, »»,!, state could by its acts of nullification, force the Federal - Government to retract from its measures of usurps - Mr. Jeff erson would have called such a mcijurj - on the part of a state, by its plain proper name; resia. ■ tance to intolerable usurpation. r Georgia should not suffer herself to be deluded ot flattered into the belief, that her rights have hcretofon - been maintained upon the principles and doctrine) oi 1 nullification, ns contended for by its present advocate, > It is true, we may look back with pride and pain, « * our past conflicts with Federal usurpation. Upon sen, ral occasions, we have been compelled to throw out. f selves upon our reserved rights, and resist Federal eu, 1 croachments ; but wc have never veiled ourselves a * the flimsy garmtut of peaceable, constitutional nullifies, tion. In these delicate and highly responsible sou, Georgia has always relied on her own population, 1), justice of her cause, and the virtue and ireielligciice of 1 the people of the United Matos, lo sustain her tuiqur*. tionable constitutional rights. And, hitherto, onr cunll denoe has not been misplaced; we have had aide friends 1 and advocates in every part of the Union, who hav« " stood by us in times of .the greatest peril. W r. are m present very improperly charged with nullifying-the in. tercoiirsc laws and Indian treaties of the U. .States, when in fact, these laws and treaties were set aside, andhnl become measurably obsolete by the acts and aounijj. tious of the Cherokee Indians themselves. Georgia,br her course ot policy, has only nullified the arogamai sumptions of sovereign power, claimed A set up by 1 remnant ot the aboriginal race, within her acknowledged chartered limit?. Finally, fel!o*w.eitizens, let us strive to be ofone mind, let our measures be founded in wisdom, justice and moderation—constantly bearing in mind the sacred truth., that a nation or state *• divided against itself cmnot stand.” VUL-ON LUMMIS. TUESDAY - , NOVEMBER l», IWti. ■ ■■■l - , ■■■■■■ , ■ 1 Irm FOR PRESIDENT, Andrew jacksox. VICE-PRESIDENT. MARTIIV VAX BI IIEX. O* Owing to the length of the. Governor’s Mcssgti we have been compelled to omit several articles of inter est intended for this day’s paper, which will appear is our next. O’ The full Jackson and Van Burcn Electoral Tick et was elected in Baldwin county last Monday, byt large majority. COTTON MARKET, \V c notice very little change in our Market since our last quotations. Sales have been made at rather lo«t prices, and a less anxiety to purchase at our former quo. - tations, wc quote to-day 11 a 12 cents, good lots, 11 J I( 11J, prime 12 cents, very choice and fancy brand, * square packages would command 12-i cents. —It should be remarked, these -prices arc as high as the C’harlestsa and Savannah rates, and their being supported depends , on more favorable accounts from abroad—the receipt* so far have been unusually small. 1 the cholera. Accounts from Charleston shew an increase on Li ly Island, but from the energetic measures of the poll-* ( wc yet hope it may be prevented from spreading. In N. Orleans, the ravages of death are dreadful. !’ private accounts it seems there were on the 30th Ocw -1 her, 101 burials, on the 31st, 123, on the Ist Novenibrt 162, and on the 2nd, up to 12 o’clock, the burials wert [ 100. : From the Mobile Commercial Register Not. 5. A private letter from New-Orleans of the 2dm* !- gives the following account of interments for tho 't"*’ ending Ist November. > Friday 26th Oct. . • 1^ I Saturday, 27th “ , .11* '■ Bundav, 28th “ . - r Monday, 29 th “ . . • r Tuesday, 30th . J® 1 Wednesday, 31 “ - - Thursday, Ist Nov. . " t f 1010 This day about the same as yesterday. 5 ' [ FROM OUR CORRESPONDENT. MII.LEiaEva.LE, November In the Senafc, this day, committees were app°' c report a bill authorizing the commissioners of the * and gold lotteries, to place in the respective whec.L , the fractional lots ; a bill to give further time to P* * » • Kill tQ jjf r Strickland, tax collector, of Bryan county; a wu t out the county of Cherokee into counties of a P ro Per 8 ■ . .jcfl y and organize the same ; and a bill to repeal so n j the tax laws of this state, as requires all s law and physic, to pay the sum of four dollars, she 3 for the appointment of additional lottery coromiss* 011 -' e and for the repeal of the act abolishing penitential 1 = prisonment. were read the first time. |n the House committees were appointed, on t • HOP of Gen. Glascock, to report a bill for the be ;t,r r gufationand government of slaves and free pcJ s,,,l, r - colour, in the city of Augusta and county of R IC “ and a bill to alter an act giving to master carp*»* ers s master masons, a lien on buildings erected by ,f city of Augusta, A committee was appointed. 00 ,^ - tiun of Mr. Buffington, to report a hill jbrdisp os * ll *. * the fractional surveys lying within the chartered l‘* |rt B the State of Georgia, now in the occupancy oflh® ( e and Cherokee tribes of Indians, and to dispel •t same by lottery. A committee was appointed.,® - 0 ton of Mr. Haynes, con'isfing of Mr‘-er?. lTays r^-