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1830, will be subjected to such laws as er, to defray the expenses of Govern. the 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. A 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 At. upon, 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 L'nited 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 ted: 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 Repreimprovement has occurred in the moral sentative in Congress, in the place of influence of its inmates, but much good Mr Giler. 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 his night is accomplished.

failure to signify acceptance, pursuant A want of uniforinity 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 annuthe 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 50. The appropriations territory respectively, and all persons for county academics amounted to $11,- whatever, residing within the same, 302 11 -- poor school fund, 971253. shall, after the first day of June next,

REPRESENTATION. - The Georgian be suijest and liable to the operation of gives this statement of the birth-places, said 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

Nalivity – Georgia, 77; Virginia, and processes whaterer, issued by the 15; South Carolina, 16; North Carolina, courts or officers of said courts, shall er16; Pennsylvania, 2 ; Connecticut,2; E. tend over, and operate on the portions Florida, 1; Maryland, 1; Massachusetts, os territory hereby added to the same 1; at sea, l; unknown, 6 -- total, 139. respectively.

Occupation – Fariners, 89; lawyers, Scc. 7. Ini? be it further enacted, 20; physicians, 10; merchants, 8; far- That after the first day of June next, all mers and merchants, 2; mechanics, 2; laws, ordinances, orders and regulations steanu-boat agent, l; unknown, T - of any kind whaterer, made, passed, or total, 139.

enacted by the Cherokee Indians, eiSiate - Married, 109; unmarried, 15; ther in general council or in any other widowers, 8; unknown, 7.

way whatever, or by any authority iges — 23 betwcen 20 and 30 ; 61 whatever of said tribe, be, and the same between 30 and 40; 34 between 10 and are hereby declared to be null and void 5:9; 9 between 50 and 60; unknown, 7. and of no efiect, 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 cirl suits, it shall not be lawful cluding the Central bank, the following for the defendant to justify under any of result appears:

said laws, ordinances, orders, or regula. Capital,

5,582,949 17 tions; nor shall the courts of this state B:13 in circulation, 2,719,356 07 perinit the same to be given in evidence Notes discounted and bills

on the trial of any suit whatever. of exchange,

5,919,599 75 Sec. 8. And be it further enacted, Specie,

1,129,130 20 That it shall not be lawful for any perLEGISLATION.-Twelve acts passed son or body of persons by arbitrary powe at this session of the legislature, related er or by virtue of any pretended rule, to the public edncation 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 pissed, separating husband and wife. prevent any Indian of said nation resid

INDIANS.- The following is a copying within the chartered limits of this of the act passed Dec. 1829, in relation state, from enrolling as an emigrant or to the Cherokec 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 couniies of Carroll, De- rule, ordinance, law, or custom of said Kalb, Gyvinnet, Hall, and Habersham, nation, to punish in any manner, or 10 and to cxtend the laws of this state over molest either the person or property, or the same, and to 100ul all laws and or- to abri lge the rights or privileges of any dinances made by the Cher kee nation Indian for enrolling his or her name as of Indians, and to rovide for the com- an emigrant, or for emigrating, 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, and to repeal the That any person or body of persons of. minth section of the act of eighteen hun. fending against the provisions of the dred and twentyeight, upon this sub- foregoing section, shall be guilty of a ject.

high misdemeanor, subject to indici. The first five sections provide for the ment, and on conviction, shall be pun. incorporation 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. confinement at hard labor in the peni.

Sec. 6. And be it further enacted, tentiary for a term not exceeding four That 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 enacted, hcreby extended over said portions of That it shall not be lawful for any pero


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 him 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 ihe part of the United States, dian, residing within the Creek or Cherfor 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,

THUMAS 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 commissioners 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 pamphlots 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 em. That for all demands which may come 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 citicurring 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 — SO 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 tue of any Cherokee law, ordinance, orthe tariff of 1828, instructing the Sen

der, or regulation whatsoever, or who ators 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 from emigrating from said the 19th Dec. 1929.

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 dedent 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 meet. chiefs 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 authorience 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 to 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.

Given under my hand and the great from - And having by various other

seal of the state, at the state-house acts evinced a spirit of determined hostility against the government of this

in Milledgeville, the third day of

June, in the year of our Lord one 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 limits 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 tion, issued by his Excellency Governor

The following is a second Proclamathe laws and customs of their tribe, or

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 Navy of the State of Georgia, and warned not to violate its enactments; Militia thereof.


Whereas 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, Gwinnett, whereas the State of Georgia has the Hall, Hahersham, and that all persons tee simple title to said lands and the residing therein and subject to said entire and exclusive property in the jurisdiction; and to warn all personis, gold and silver therein – and whereas whether citizens of this or other states, numerous persons, citizens of this and or Indian occupants, to 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 10 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 perinitted to occitizen of the state, and in violation of cupy the same, and to require all offi. the 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 surther 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 Mii. within the occupancy of the Cherokee

ledgeville, this third day of June, in Indians, included in the limits of this

the year of our Lord eighteen hundred state, to the counties of Carroll, De Kalb,

and thirty, and of American IndepenGwinnett, Hall, and Habersham, and dence the fiftyfourth. to render void and disannul all Chero

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 eleven 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

the canal are limited to 85 feet in length, sons whom it may concern, that the jurisdiction of this state is now extend

and 17 in breadih, with a draft of 3 1-2

feet. ed over all the territory in the occupan


Dec. 1829. The Legislature met at Tuscaloosa on the 16th. Levin Powell, Esq. was chosen President of the Senate, and Francis S. Lyons, Secretary ; John 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 commerced with felici. tations on the happiness and prosperity of the people of ihe state. The Gover. nor calls the attention of the Legislature to the simplifying and perfecting of the laws of the state ; that having reacher the highest point attainable, they way remain unchanged, and strengthened

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