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1830, will be subjected to such laws as er, to defray the expenses of Governthe Legislature may hereafter prescribe. ment-looking forward to the period not Great care is necessary to mature pro- remote, if the institution should be prosvisions for the protection of their per- perous, when the agriculture of Georsons and property, if they are to remain gia, like that of Pennsylvania, will be in the anomalous condition in which relieved from all direct contributions for they are placed by the act of 1828. the payment of State expenses.' Tribunals for the trial of the Indians On the subject of Internal Improveaccused of crimes are to be designated, ments, the Governor mentions that a and the forms and rules of proceeding payment of $44,000 has been made by established -- the courts which are to the State as subscriber for 440 shares of have jurisdiction for the redress of inju. the Stock of the Savannah, Ogeechee ries inflicted by them or upon them, and Altamaha Canal Company, and a where the inflictor or sufferer is an loan of $50,000 had before been made by Indian or a white man, are to be ascer- the State for the same purposes. А tained or created by law, and the mode further expenditure will be required to of proceedings prescribed.—How guar- a larger amount, but with promise of dians are to be selected for them—the very advantageous results. •Unless authority and privileges of those guar- the individuals who have commenced dians when selected, require mature re the work shall despair of success, and flection and careful legislation. The abandon the design, it is confidently becharacter of the state for generosity and lieved that a full share of the charge magnanimity, dictates enactmenis as will be cheerfully borne by the state, liberal as the moral and intellectual until the line of the canal reaches the condition of this dependent people will Chattahochee, and forms a channel of permit.- Whatever in the exercise of a communication through the state, beprudent forecast may be determined tween the Gulf of Mexico and the Atupon, one provision is required by a lantic Ocean.' due regard to our position, as a member It is stated that preparations are makof the Government of the United States. ing tu erect a State Arsenal at Savannah. A small tax should be imposed upon all Measures have been taken under an act the Indians within our territory, that of the last session to improve the distriin the next general census they may be bution and application of the School enumerated and for a part of our Fed- Funds. eral Representative population.
Mr Forsyth was elected to the Senate * The Florida boundary line remains of the United States, to supply the vayet unsettled. The Penitentiary of the cancy occasioned by the resignation of State, under the act of last year, has Mr Berrian. been better managed, and no part of the George R. Gilmer succeeded to the appropriation made for that purpose has office of Governor of the State ; and been required for its support. Some Henry G. Lamar was chosen a Repre. improvement has occurred in the moral sentative in Congress, in the place of influence of its inmates, but much good Mr Gilmer. The seat of the last menin this way cannot be expected till a tioned gentleman was adjudged by the separation of the prisoners during the Executive to have become vacant by bis night is accomplished.
failure to signify acceptance, pursuant A want of uniformity in the judicial to the Act of Feb. 1799. This statute administration of the laws, particularly had been decided by the only tribunal in reference to appellate jurisdiction qualified to take cognizance of it, to be from the courts created for the trial of unconstitutional, and has ever since free persons of color and slaves, is point- been generally regarded as obsolete.ed out for the correction of the Legisla- It should be repealed, to prevent future ture.'
difficulties. Various suggestions are offered for FINANCES OF GEORGIA.-The annothe improvement and security of the al treasury report was submitted to the Banking System, of which the principal legislature on the 7th Nov. The receipts one is thus expressed. — * In the third for the year ending 31st October, 1829, section of the charter of the Central were, $271,611 08—the amount reBank which gives the use of the taxes maining in the treasury on 1st Nov. collected, to the Bank, I would respect- 1828, was $631,529 36-making a total fully recommend that the profits of the of $903,140° 44. · The expenditures of Bank and the amount of interest paid to the last political year, (including $517,it by public debtors, shall be annually or 088 46, paid to the Central Bank,) were semi-annually paid over to the Treasur- $712,063 94. Remaining in the treas
ury, $191,076 30. The appropriations territory respectively, and all persons for county academies amounted to $14, whatever, residing within the same, 392 11 -- poor school fund, $742 59. shell, after the first day of June next,
REPRESENTATION. – The Georgian be subject and liable to the operation of gives this statement of the birth-places, suid laws, in the same manner as other pursuits, &c, of the Members of the citizens of this state, or the citizens of House of Representatives of the state : said counties respectively, and all writs
Aktivity – Georgia, 77; Virginia, and processes whatever, issued by the 16; South Carolina, 10; North Carolina, courts or officers of said couts, shall ex. 16; Pennsylvania, 2 ; Connecticut, 2; E. tend over, and operate on the portions Florida, 1, Marylani, 1; Massachusetts, of territory hereby added to the same l; at sea, l; unknown, 6 - total, 139. respectively,
Occupation ---- Farmers, 89; lawyers, Sec. 7. ind be it further enacted, 20; physicians, 10; merchants, S; far That after the first day of June next, all mers and merchants, 2; mechanicz, ? ; laws, ordinances, orders and regulations stean.-boat agent, l; unknown, 7 – of any kind whatever, made, passed, or total, 139.
enacted by the Cherokee Indians, ei. State - Jarricd, 109; unmarried, 13; ther in general council or in any other widowers, 8; unknown, 7.
way whatever, or by any authority Ages - 29 between 20 and 30; 61 whatever of said tribe, be, and the same between 30 and 40; 34 between 40 and are hereby declared to be null and void 50; 9 between 59 and 60; unknown, 7. and of no effect, as if the same had GEORGIA
- By a tabular never existed; and in all cases of indict. statement of the banks in Georgia, in ment or civil suits, it shall not be lawful cluding the Central bank, the following for the defendant to justity under any of result appears :
said laws, ordinances, orders, or regulaCapital,
5,582,949 17 tions; nor shall the courts of this state Bills in circulation, 2,719,336 07 permit the same to be given in evidence Notes discounted and bills
on the trial of any suit whatever. of exchange,
5,9-19,599 75 Sec. 8. And be it further enacted, Specie,
1,129,130 20. Tha: it shall not be lawful for any perLEGISLATION.-Twelve acts passed son or body of persons by arbitrary pow. at this session of the legislature, related er or by virtue of any pretended rule, to the public education of children in ordinance, law, or custom of said Cherdifferent sections of the State.
okoe nation, to prevent, by threats, Twentyseven bills for divorce were menaces, or other means, to endeavor to prosed, separating husband and wife. prevent any Indian of said nation resiu
INDIANS.— The following is a copy ing within the chartered limits of this of the act passed Dec. 1829, in relation state, from enrolling as an emigrant or to the Cherokee territory.
actually emigrating, or removing from An act to add the territory lying with said nation; nor shall it be lawful for any in the chartered limits of Georgia, and person or body of persons by arbitrary now in the occupancy of the Cherokee power or by virtue of any pretended Indians, to the counties of Carroil, De- rule, ordinance, law, or custom of said Kalb, Gsvinnet, Hall, and Habersham, nation, to punish in any manner, or 10 and to extend the laws of this state over molest either the person or property, or the same, and to annul all laws and or to abridge the rights or privileges of any dimances made by the Cherrkee nation Indian for enrolling his or her name as of Indians, and to rovide for the com an emigrant, or for eroigrating, or inpensation of officers serving legal pro tending to einigrate from said nation. cess in said territory, and to regulate the Sec. 9. Ani be it further enacted, testimony of Indians, an:l to repeal the That any person or body of persons of ninth section of the act of eighteen hun fending against the provisions of the dred and twentyeight, upon this sub foregoing section, shall be guiliy of a ject.
high misdemeanor, subject to indici. The first five sections provide for the ment, and on conviction, shall be puoincorporation of the Cherokee territory, ished by confinement in the common in the adjoining counties of Carroll, De jail of any county of this state, or by Kalb, Gwinnett, Hall and Habersham. congnement at hard labor in the peni.
Sec. 6. And be it further enacted, tentiary for a term not exceeding four Thai all the laws, both civil and crimin years, at the discretion of the court. al of this state, be, and the same are Sec. 10. And be it further enactedl, hereby extended over said portions of That it shall not be lawful for any per.
son or body of persons, by arbitrary ry mile he may ride to serve the same, power, or under color of any pretended after crossing the present limits of said rule, ordinance, law, or custom of said counties, in addition to the fees already nation to prevent, or offer to prevent, or allowed by law; and in case any of said deter any Indian, head man, chief, or officers should be resisted in the execu. warrior of said nation • residing within tion of any legal process issued by any the chartered limits of this state, from court or magistrate, justice of the infeselling or ceding to the United States, rior court or judge of the superior court for the use of Georgia, the whole or any of any of said counties, he is hereby part of said territory, or to prevent, or authorized to call out a sufficient number offer to prevent any Indian, head man, of the militia of said counties to aid and chief or warrior of said nation, residing protect bim in the execution of his duty. as aforesaid, from meeting in council or Sec. 15. And be it further enacted, treaty, any commissioner or commis That no Indian or descendant of any Insioners on the part of the United States, dian, residing within the Creek or Cher. for any purpose whatever.
okee nations of Indians, shall be deemSec. il. And be it further enacted, ed a competent witness in any court of That any person or body of persons, of this state to which a white person may fending against the provisions of the be a party, except such white person foregoing section, shall be guilty of a resides within the said nation. high misdemeanor, subject to indict
WARREN JOURDAN, ment, and on conviction, shall be con
Speaker of House of Reps. fined at hard labor in the penitentiary,
THOMAS STOCKS, tor not less than four, nor longer than six
President of Senate. years, at the discretion of the court. Assented to, Dec. 19, 1829.
Sec. 12. And be it further enacted, GEORGE R. GILMER, Governor. That it shall not be lawful for any per A law was also passed in consequence son or body of persons by arbitrary force, of the abduction of Rowland Stevenson, or under color of any pretended rules, a banker, who had tied from England, ordinances, law, or custom of said na making it a penal offence to abduct, or tion, to take the life of any Indian resid kidnap a free white person, and punishaing as aforesaid for enlisting as an emi ble by imprisonmeni of not less than 5 graut, attempting to emigrate, ceding or nor more than seven 7 years. attempting to cede as aforesaid, the $50,000 were appropriated for the imwhole or part of said territory, or meet provement of the roads and rivers withing or attempting to meet in treaty or in in the state. council as aforesaid, any commissioner A law was also passed imposing a or compissioners as aforesaid; and any quarantine of forty days on all vessels person or body of persons, offending having free colored persons on board – against the provisions of this section, this clause to take effect upon vessels shall be guilty of murder, subject to in from ports of the United States, in three dictment, and on conviction shall suffer months, from all other ports, in six death, by hanging.
months. The act also prohibits all interSec. 13. And be it further enacted, course with such vessels by free persons That should any of the foregoing of of color or slaves, and compels captains fences be committed under color of any of vessels to convey back such persons pretended rules, ordinance, custom or on board ; renders capital the circulation law of said nation, all persons acting of pamphlets of evil tendency, among therein either as individuals or as pre domestics; niakes penal the teaching tended executive, ministerial, or judicial of free persons of color or slaves to read officers, shall he deemed and considered or write; and prohibits the introduction as principals, and subject to the pains of slaves into the state for sale. and penalties herein before prescribed. Slaves were also prohibited under a
Sec. 14. And be it further enacted, penalty of $10 per day, from being emThat for all demands which
ployed in any printing office within the within the jurisdiction of a magistrate's state. court, suit may be brought for the same Resolutions were passed authorizing in the nearest district of the county to the governor to appoint commissioners to which the territory is hereby annexed, report a digested system of free schools and all officers serving any legal process, to the Legislature at its next session : or any person living on any portion of the dissenting from a resolution of Louisiana, territory herein named, shall be entitled to amend the federal constitution, so as to receive the sum of five cents for eve. to extend the term of office of President
and vice President to six years, and to and every officer, civil and military, is render the President ineligible: con hereby required, and every patriotic citi. curring with a resolution from Missouri, zen of the state urged to aid in the to amend the constitution by having the enforcement thereof, and especially in President and vice President elected di causing the penalties for its violation rectly by the people, without the inter to be certainly inflicted upon each and vention of electors – as to retain every chief, head man or other Cherokee however, the relative vote of states as Indian, or any other person residing in at present, and also recommending that said territory, who shall exercise or atin no case the election should be sub tempt to exercise any authority within mitted to the House of Representatives. said territory, under pretence or by vir. A resolution was also passed against der, or regulation whatsvever, or who
tue of any Cherokee law, ordinance, orthe tariff of 1828, instructing the Senators and Representatives to use their
shall by virtue of any such pretended best efforts in procuring its total repeal.
authority prevent or attempt to prevent These resolutions were all approved any Indian frem emigrating from said the 19th Dec. 1529.
territory, or enrolling himself for that In consequence of the act of the 19th purpose, or who shall in like manner of Dec. 1829, in relation to the Chero- punish or molest either the person or kee territory a proclamation was issued property, or abridge the rights or privi. by the governor which after reciting leges, on account of his or her enrolling the act continues as follows.
as an emigrant or intending to emigrate; And whereas said Cherokee Indians
or who shall by virtue of any such prehave, for some time past, been attempt
tended authority, or by any arbitrary ing to establish a government indepen. power prevent or offer to prevent or de. dent of the authority of this state, and
ter any Indian, head man, chief or warhave, since the passage of said recited
rior residing within said territory, from act, violated the rights of the citizens of selling or ceding to the United States, this state under highly aggravating cir
for the use of Georgia, the whole or any cumstances, under pretence of execu
part of said territory, or prevent such ting the legal orders of the principal person or persons so residing, from meetchiefs of said tribe - And whereas the
ing in council or treaty any commissionrulers and head men of said tribe have
er or commissioners of the United States continued since the passage of said act
for any purpose whatever, or who shall to excite the Indians under their influ.
by virtue of any such pretended authori. ence against subinission to the operation ty, or by any arbitrary force put to death of the laws of this state, and have attempt
any Indian for enrolling as an emigrant, ed to prevent the enforcement of the attempting lo emigrate, ceding or atsame, by appealing to the congress of tempting to cede, the whole or any part the United States to interpose the pow
of said territory, of meeting or attempt. ers of the union to protect them there. ing to meet in council for that purpose. from — And having by various other
Given under my hand and the great acts evinced a spirit of determined hos
seal of the state, at the state-house tility against the government of this
in Milledgeville, the third day of
June, in the year of our Lord one state. Now, therefore, that the sovereign
thousand eight hundred and thirty, authority of this state over all the per
and of American Independence the sons within its linnits may be duly ac
fifty fourth. knowledged and respected, and the
GEORGE R. GILMER. rights of its citizens preserved, and that the Indian people occupying its territory
By the governor : under the protection of its laws, may be
EverARD HAMILTON, sec'y of state. relieved from the oppression to which they have been hitherto subjected, by
The following is a second Proclamathe laws and customs of their tribe, or
tion, issued by his Excellency Governor
Gilmer, regarding the Cherokee Indians the arbitrary power of their chiefs, I
in that state have thought proper to issue this my proclamation, giving notice to all per A Proclamation, by His Excellency sons that said recited act is now in force, George R. Gilmer, Governor and Comand all Indians and others residing mander in Chief of the Army and within said territory or elsewhere, are Nary of the State of Georgia, and warned not to violate its enactments;
Wliereas it has been discovered that cy of the Cherokees, included within the lands in the territory now occupied the limits of this state, and which was by the Cherokee Indians within the lim- by an act passed by the state Legislaits of this state, abound with valuable ture of this state, made a part of the minerals, and especially gold — and counties of Carrol, De Kalb, Gwinneti, whereas the State of Georgia has the Hall, Habersham, and that all persons tee simple title to said lands and the residing therein and subject to saic entire and exclusive property in the jurisdiction; and to warn all persons, gold and silver therein. and whereas whether citizens of this or other states, numerous persons, citizens of this and or Indian occupants, io cease all further other states, together with the Indian trespass upon the property of this state, occupants of said territory taking advan. and especially from taking any gold or tage of the law of this state, by which silver froin lands included within the its jurisdiction over said territory was territory occupied by the Cherokee not assumed until the first day of June Indians, and so as aforesaid added to last past, have engaged in digging for the counties aforesaid, and to direct all gold in said land, and taking therefrom persons to quit possession of said lands great amounts in value, thereby ap and depart from said territory without propriating riches to themselves, which delay, except such as by law or the of right equally belong to every other assent of the state are perinilted to occitizen of the state, and in violation of cupy the same, and to require all offthe rights of the state, and to the inju cers of the state within the counties ry of the public resources — and where aforesail to be vigilant in enforcing the as the absence of legal restraints and the laws for protection of public property, nature of their pursuit, have caused a and especially to prevent any further state of society to exist among said per trespasses upon the lands of the state, or sons, too disorderly to be permitted to the taking any gold or silver therefrom. continue — and whereas by the act of Given under my hand, and the great seal the last Legislature to add the territory of the state, at the state-house in Mil. within the occupancy of the Cherokee
ledgeville, this third day of June, in Indians, included in the limits of Unis
the year of our Lord eighteen hundred state, to the counties of Carroll, De Kalb,
and thirty, and of American Indepen. Gwinnett, Hall, and Habersham, and dence the fiftyfourth. to render void and disannul all Chcro
GEORGE R. GILMER. kee laws, the jurisdiction of this state is now extended over said territory, and
By the governor: all persons therein made subject thereto: EVERARD HAMILTON, sec'y of state. Now for the purpose of removing all persons from the lands of this state in
May, 1830. OGECJEE CANAL.the territory aforesaid, except such as
This canal is now nearly completed, the are permitted by the laws or assent of
only remaining portion to be excavated this state to occupy the same: to secure
being about twelve miles from Savanto the state its property in the minerals
nah, and about 70 feet in extent. When therein, and to put an end in the lawless finished, the canal will have cost about state of society which has hitherto ex
11,000 dollars per mile. It has six locks, isted among the gold diggers in said ter
nine culverts, one aqueduct, and eleren ritory, I have thought proper to issue bridges, nearly all of which are now in this my Proclamation, notifying all per
good order. The boats to be used on sons whom it may concern, that the
the canal are limited to 85 feet in length, jurisdiction of this state is now extend
and 17 in breadth, with a draft of 3 1-2
feet. ed over all the territory in the occupan
Dec. 1829. The Legislature met at 17th inst. It is commerced with felici. Tuscaloosa on the 16th. Levin Powell, tations on the happiness and prosperity Esq. was chosen President of the Sen of the people of ihe state. The Goverate, and Francis S. Lyons, Secretary ; nor calls the attention of the Legislature John Gayle, Speaker of the House and to the simplifying and perfecting of the Thomas T. Tunstall, principal clerk. laws of the state ; that having reached
The Message of Governor Murphy the highest point attainable, they may was presented to the Legislature on the remain unchanged, and strengthened