-

1830, will be subjected to such laws as the Legislature may hereafter prescribe. Great care is necessary to mature provisions for the protection of their persons and property, if they are to remain in the anomalous condition in which they are placed by the act of 1828. Tribunals for the trial of the Indians accused of crimes are to be designated, and the forms and rules of proceeding established the courts which are to have jurisdiction for the redress of injuries inflicted by them or upon them, where the inflictor or sufferer is an Indian or a white man, are to be ascertained or created by law, and the mode of proceedings prescribed.-How guardians are to be selected for them-the authority and privileges of those guardians when selected, require mature reflection and careful legislation. The character of the state for generosity and magnanimity, dictates enactments as liberal as the moral and intellectual condition of this dependent people will permit. Whatever in the exercise of a prudent forecast may be determined upon, one provision is required by a due regard to our position, as a member of the Government of the United States. A small tax should be imposed upon all the Indians within our territory, that in the next general census they may be enumerated and for a part of our Federal Representative population.

"The Florida boundary line remains yet unsettled. The Penitentiary of the State, under the act of last year, has been better managed, and no part of the appropriation made for that purpose has been required for its support. Some improvement has occurred in the moral influence of its inmates, but much good in this way cannot be expected till a separation of the prisoners during the night is accomplished.

A want of uniformity in the judicial administration of the laws, particularly in reference to appellate jurisdiction from the courts created for the trial of free persons of color and slaves, is pointed out for the correction of the Legisla

ture.'

er, to defray the expenses of Government-looking forward to the period not remote, if the institution should be prosperous, when the agriculture of Georgia, like that of Pennsylvania, will be relieved from all direct contributions for the payment of State expenses.'

On the subject of Internal Improvements, the Governor mentions that a payment of $44,000 has been made by the State as subscriber for 440 shares of the Stock of the Savannah, Ogeechee and Altamaha Canal Company, and a loan of $50,000 had before been made by the State for the same purposes. Α further expenditure will be required to a larger amount, but with promise of very advantageous results. Unless the individuals who have commenced the work shall despair of success, and abandon the design, it is confidently believed that a full share of the charge will be cheerfully borne by the state, until the line of the canal reaches the Chattahochee, and forms a channel of communication through the state, between the Gulf of Mexico and the Atlantic Ocean.'

It is stated that preparations are making to erect a State Arsenal at Savannah. Measures have been taken under an act of the last session to improve the distribution and application of the School Funds.

Mr Forsyth was elected to the Senate of the United States, to supply the va cancy occasioned by the resignation of Mr Berrian.

George R. Gilmer succeeded to the office of Governor of the State; and Henry G. Lamar was chosen a Representative in Congress, in the place of Mr Gilmer. The seat of the last mentioned gentleman was adjudged by the Executive to have become vacant by his failure to signify acceptance, pursuant to the Act of Feb. 1799. This statute had been decided by the only tribunal qualified to take cognizance of it, to be unconstitutional, and has ever since been generally regarded as obsolete.— It should be repealed, to prevent future difficulties.

FINANCES OF GEORGIA.-The annual treasury report was submitted to the legislature on the 7th Nov. The receipts for the year ending 31st October, 1829, were, $271,611 08-the amount remaining in the treasury on 1st Nov. 1828, was $631,529 36-making a total of $903,140 44. The expenditures of the last political year, (including $517,088 46, paid to the Central Bank,) were $712,063 94. Remaining in the treas

ury, $191,076 50. The appropriations for county academics amounted to $14,392 41-poor school fund, $742 58. REPRESENTATION. The Georgian gives this statement of the birth-places, pursuits, &c, of the Members of the House of Representatives of the state :Nativity-Georgia, 77; Virginia, 16; South Carolina, 16; North Carolina, 16; Pennsylvania, 2; Connecticut, 2; E. Florida, 1; Maryland, 1; Massachusetts, 1; at sea, 1; unknown, 6- total, 139.

Occupation-Farmers, 89; lawyers, 20; physicians, 10; merchants, 8; farmers and merchants, 2; mechanics, 2; steam-boat agent, 1; unknown, 7total, 139.

State-Married, 109; unmarried, 15; widowers, 8; unknown, 7.

Ages 23 between 20 and 30; 61 between 30 and 40; 34 between 40 and 50; 9 between 50 and 60; unknown, 7. GEORGIA BANKS By a tabular statement of the banks in Georgia, ineluding the Central bank, the following result appears:—

Capital,

Bills in circulation,
Notes discounted and bills

of exchange,

Specie,

5,582,349 17 2,719,356 07

5,949,599 75 1,129,130 20

LEGISLATION.-Twelve acts passed at this session of the legislature, related to the public education of children in different sections of the State.

Twentyseven bills for divorce were passed, separating husband and wife.

INDIANS.-The following is a copy of the act passed Dec. 1829, in relation to the Cherokee territory.

An act to add the territory lying within the chartered limits of Georgia, and now in the occupancy of the Cherokee Indians, to the counties of Carroll, DeKalb, Gwinnet, Hall, and Habersham, and to extend the laws of this state over the same, and to annul all laws and ordinances made by the Cherokee nation of Indians, and to rovide for the compensation of officers serving legal process in said territory, and to regulate the testimony of Indians, and to repeal the ninth section of the act of eighteen hundred and twentyeight, upon this subject.

The first five sections provide for the incorporation of the Cherokee territory, in the adjoining counties of Carroll, DeKalb, Gwinnett, Hall and Habersham.

Sec. 6. And be it further enacted, That all the laws, both civil and criminal of this state, be, and the same are hereby extended over said portions of

K

territory respectively, and all persons whatever, residing within the same, shall, after the first day of June next, be subject and liable to the operation of said laws, in the same manner as other citizens of this state, or the citizens of said counties respectively, and all writs and processes whatever, issued by the courts or officers of said courts, shall extend over, and operate on the portions of territory hereby added to the same respectively.

Sec. 7. And be it further enacted. That after the first day of June next, all laws, ordinances, orders and regulations of any kind whatever, made, passed, or enacted by the Cherokee Indians, either in general council or in any other way whatever, or by any authority whatever of said tribe, be, and the same are hereby declared to be null and void and of no effect, as if the same had never existed; and in all cases of indictment or civil suits, it shall not be lawful for the defendant to justify under any of said laws, ordinances, orders, or regulations; nor shall the courts of this state permit the same to be given in evidence on the trial of any suit whatever.

Sec. 8. And be it further enacted, That it shall not be lawful for any person or body of persons by arbitrary power or by virtue of any pretended rule, ordinance, law, or custom of said Cherokoe nation, to prevent, by threats, menaces, or other means, to endeavor to prevent any Indian of said nation residing within the chartered limits of this state, from enrolling as an emigrant or actually emigrating, or removing from said nation; nor shall it be lawful for any person or body of persons by arbitrary power or by virtue of any pretended rule, ordinance, law, or custom of said nation, to punish in any manner, or to molest either the person or property, or to abridge the rights or privileges of any Indian for enrolling his or her name as an emigrant, or for emigrating, or intending to emigrate from said nation.

Sec. 9. And be it further enacted, That any person or body of persons offending against the provisions of the foregoing section, shall be guilty of a high misdemeanor, subject to indictment, and on conviction, shall be punished by confinement in the common jail of any county of this state, or by confinement at hard labor in the penttentiary for a term not exceeding four years, at the discretion of the court.

Sec. 10. And be it further enacted, That it shall not be lawful for any per

son or body of persons, by arbitrary power, or under color of any pretended rule, ordinance, law, or custom of said nation to prevent, or offer to prevent, or deter any Indian, head man, chief, or warrior of said nation . residing within the chartered limits of this state, from selling or ceding to the United States, for the use of Georgia, the whole or any part of said territory, or to prevent, or offer to prevent any Indian, head man, chief or warrior of said nation, residing as aforesaid, from meeting in council or treaty, any commissioner or commissioners on the part of the United States, for any purpose whatever.

Sec. 11. And be it further enacted, That any person or body of persons, offending against the provisions of the foregoing section, shall be guilty of a high misdemeanor, subject to indictment, and on conviction, shall be confined at hard labor in the penitentiary, for not less than four, nor longer than six years, at the discretion of the court.

Sec. 12. And be it further enacted, That it shall not be lawful for any person or body of persons by arbitrary force, or under color of any pretended rules, ordinances, law, or custom of said nation, to take the life of any Indian residing as aforesaid for enlisting as an emigraut, attempting to emigrate, ceding or attempting to cede as aforesaid, the whole or part of said territory, or meeting or attempting to meet in treaty or in council as aforesaid, any commissioner or commissioners as aforesaid; and any person or body of persons, offending against the provisions of this section, shall be guilty of murder, subject to indictment, and on conviction shall suffer death, by hanging.

Sec. 13. And be it further enacted, That should any of the foregoing offences be committed under color of any pretended rules, ordinance, custom or law of said nation, all persons acting therein either as individuals or as pretended executive, ministerial, or judicial officers, shall he deemed and considered as principals, and subject to the pains and penalties herein before prescribed.

Sec. 14. And be it further enacted, That for all demands which may come within the jurisdiction of a magistrate's court, suit may be brought for the same in the nearest district of the county to which the territory is hereby annexed, and all officers serving any legal process, or any person living on any portion of the territory herein named, shall be entitled to receive the sum of five cents for eve

ry mile he may ride to serve the same, after crossing the present limits of said counties, in addition to the fees already allowed by law; and in case any of said officers should be resisted in the execu tion of any legal process issued by any court or magistrate, justice of the inferior court or judge of the superior court of any of said counties, he is hereby authorized to call out a sufficient number of the militia of said counties to aid and protect him in the execution of his duty.

Sec. 15. And be it further enacted, That no Indian or descendant of any Indian, residing within the Creek or Cherokee nations of Indians, shall be deemed a competent witness in any court of this state to which a white person may be a party, except such white person resides within the said nation.

WARREN JOURDAN,

Speaker of House of Reps. THOMAS STOCKS,

President of Senate.

Assented to, Dec. 19, 1829.

GEORGE R. GILMER, Governor. A law was also passed in consequence of the abduction of Rowland Stevenson, a banker, who had fled from England, making it a penal offence to abduct, or kidnap a free white person, and punishable by imprisonment of not less than 5 nor more than seven 7 years.

$50,000 were appropriated for the improvement of the roads and rivers within the state.

A law was also passed imposing a quarantine of forty days on all vessels having free colored persons on board this clause to take effect upon vessels from ports of the United States, in three months, from all other ports, in six months. The act also prohibits all intercourse with such vessels by free persons of color or slaves, and compels captains of vessels to convey back such persons on board; renders capital the circulation of pamphlets of evil tendency, among domestics; makes penal the teaching of free persons of color or slaves to read or write; and prohibits the introduction of slaves into the state for sale.

Slaves were also prohibited under a penalty of $10 per day, from being employed in any printing office within the

state.

Resolutions were passed authorizing the governor to appoint commissioners to report a digested system of free schools to the Legislature at its next session: dissenting from a resolution of Louisiana, to amend the federal constitution, so as to extend the term of office of President

and vice President to six years, and to render the President ineligible: concurring with a resolution from Missouri, to amend the constitution by having the President and vice President elected directly by the people, without the intervention of electors - so as to retain however, the relative vote of states as at present, and also recommending that in no case the election should be submitted to the House of Representatives.

A resolution was also passed against the tariff of 1828, instructing the Senators and Representatives to use their best efforts in procuring its total repeal.

These resolutions were all approved the 19th Dec. 1829.

In consequence of the act of the 19th of Dec. 1829, in relation to the Cherokee territory a proclamation was issued by the governor which after reciting the act continues as follows.

And whereas said Cherokee Indians have, for some time past, been attempting to establish a government independent of the authority of this state, and have, since the passage of said recited act, violated the rights of the citizens of this state under highly aggravating circumstances, under pretence of executing the legal orders of the principal chiefs of said tribe - And whereas the rulers and head men of said tribe have continued since the passage of said act to excite the Indians under their influence against submission to the operation of the laws of this state, and have attempted to prevent the enforcement of the same, by appealing to the congress of the United States to interpose the powers of the union to protect them therefrom-And having by various other acts evinced a spirit of determined hostility against the government of this

state.

Now, therefore, that the sovereign authority of this state over all the persons within its limits may be duly acknowledged and respected, and the rights of its citizens preserved, and that the Indian people occupying its territory under the protection of its laws, may be relieved from the oppression to which they have been hitherto subjected, by the laws and customs of their tribe, or the arbitrary power of their chiefs, I have thought proper to issue this my proclamation, giving notice to all persons that said recited act is now in force, and all Indians and others residing within said territory or elsewhere, are warned not to violate its enactments;

and every officer, civil and military, is hereby required, and every patriotic citizen of the state urged to aid in the enforcement thereof, and especially in causing the penalties for its violation to be certainly inflicted upon each and every chief, head man or other Cherokee Indian, or any other person residing in said territory, who shall exercise or attempt to exercise any authority within said territory, under pretence or by virtue of any Cherokee law, ordinance, order, or regulation whatsoever, or who shall by virtue of any such pretended authority prevent or attempt to prevent any Indian from emigrating from said territory, or enrolling himself for that purpose, or who shall in like manner punish or molest either the person or property, or abridge the rights or privi leges, on account of his or her enrolling as an emigrant or intending to emigrate; or who shall by virtue of any such pretended authority, or by any arbitrary power prevent or offer to prevent or deter any Indian, head man, chief or warrior residing within said territory, from selling or ceding to the United States, for the use of Georgia, the whole or any part of said territory, or prevent such person or persons so residing, from meeting in council or treaty any commissioner or commissioners of the United States for any purpose whatever, or who shall by virtue of any such pretended authority, or by any arbitrary force put to death any Indian for enrolling as an emigrant, attempting to emigrate, ceding or attempting to cede, the whole or any part of said territory, of meeting or attempting to meet in council for that purpose. Given under my hand and the great

seal of the state, at the state-house in Milledgeville, the third day of June, in the year of our Lord one thousand eight hundred and thirty, and of American Independence the fifty fourth.

GEORGE R. GILMER.

By the governor :

EVERARD HAMILTON, sec'y of state.

The following is a second Proclamation, issued by his Excellency Governor Gilmer, regarding the Cherokee Indians in that state

A Proclamation, by His Excellency George R. Gilmer, Governor and Commander in Chief of the Army and Navy of the State of Georgia, and Militia thereof.

Whereas it has been discovered that the lands in the territory now occupied by the Cherokee Indians within the limits of this state, abound with valuable minerals, and especially gold - and whereas the State of Georgia has the fee simple title to said lands and the entire and exclusive property in the gold and silver therein-and whereas numerous persons, citizens of this and other states, together with the Indian occupants of said territory taking advantage of the law of this state, by which its jurisdiction over said territory was not assumed until the first day of June last past, have engaged in digging for gold in said land, and taking therefrom great amounts in value, thereby appropriating riches to themselves, which of right equally belong to every other citizen of the state, and in violation of the rights of the state, and to the injury of the public resources and whereas the absence of legal restraints and the nature of their pursuit, have caused a state of society to exist among said persons, too disorderly to be permitted to continue and whereas by the act of the last Legislature to add the territory within the occupancy of the Cherokee Indians, included in the limits of this state, to the counties of Carroll, De Kalb, Gwinnett, Hall, and Habersham, and to render void and disannul all Cherokee laws, the jurisdiction of this state is now extended over said territory, and all persons therein made subject thereto : Now for the purpose of removing all persons from the lands of this state in the territory aforesaid, except such as are permitted by the laws or assent of this state to occupy the same: to secure to the state its property in the minerals therein, and to put an end to the lawless state of society which has hitherto existed among the gold diggers in said territory, I have thought proper to issue this my Proclamation, notifying all persons whom it may concern, that the jurisdiction of this state is now extended over all the territory in the occupan

cy of the Cherokees, included within the limits of this state, and which was by an act passed by the state Legisla ture of this state, made a part of the counties of Carrol, De Kalb, Gwinnett, Hall, Habersham, and that all persons residing therein and subject to said jurisdiction; and to warn all persons, whether citizens of this or other states, or Indian occupants, to cease all further trespass upon the property of this State, and especially from taking any gold or silver from lands included within the territory occupied by the Cherokee Indians, and so as aforesaid added to the counties aforesaid, and to direct all persons to quit possession of said lands and depart from said territory without delay, except such as by law or the assent of the state are permitted to occupy the same, and to require all officers of the state within the counties aforesail to be vigilant in enforcing the laws for protection of public property, and especially to prevent any further trespasses upon the lands of the state, or the taking any gold or silver therefrom. Given under my hand, and the great seal of the state, at the state-house in Milledgeville, this third day of June, in the year of our Lord eighteen hundred and thirty, and of American Independence the fiftyfourth.

GEORGE R. GILMER.

By the governor :

EVERARD HAMILTON, Sec'y of state.

May, 1830. OGECHEE CANAL. This canal is now nearly completed, the only remaining portion to be excavated being about twelve miles from Savannah, and about 70 feet in extent. When

finished, the canal will have cost about 11,000 dollars per mile. It has six locks, nine culverts, one aqueduct, and eleven bridges, nearly all of which are now in good order. The boats to be used on the canal are limited to 85 feet in length, and 17 in breadth, with a draft of 3` 1-2 feet.

Dec. 1829. The Legislature met at Tuscaloosa on the 16th. Levin Powell, Esq. was chosen President of the Senate, and Francis S. Lyons, Secretary; Jolin Gayle, Speaker of the House and Thomas T. Tunstall, principal clerk.

The Message of Governor Murphy was presented to the Legislature on the

17th inst. It is commenced with felicitations on the happiness and prosperity of the people of the state. The Governor calls the attention of the Legislature to the simplifying and perfecting of the laws of the state; that having reached the highest point attainable, they may remain unchanged, and strengthened