4. The Governor states that the Cherokee territory has been surveyed agreeably to the requisitions of the Act of the last session, and organized by the election of two justices of the peace, and two constables for each section. He recommends the formation of the whole territory into one county, for the better execution of the laws of the State, and the advancement of the interests of the territory.

5. The Governor recommends the adoption of resolutions authorizing the President of the United States, to grant reservations in fee, to such Cherokees as wish to remain in Georgia, cultivate the land, and submit to the laws.

6. He expresses the opinion that the law of the last session for the distribution of the Cherokee land, should not be repealed, in that clause which requires the Act to go into operation only when the Indian title will have been extinguished, and remarks, that if it should be repealed, and the Cherokee lands distributed according to its provisions, the effect would be, to deprive our Indian population entirely of their possessions without their consent and without any equivalent. The character of the State, the interest of the Union, respect for public opinion, and the rights of the Indians, forbid that so gross an act of injustice should be committed.'

After Governor Lumpkin was inaugurated, which took place on the 9th of November, he addressed a message to the legislature, dated the 25th of that month, stating that he had received the day before two citations to appear in the Supreme Court in behalf of the State, on the 2nd Monday of January, 1832, to shew cause why the Judgments rendered in the Superior Court of Gwinnett County against S. A. Worcester and E. Butler should not be set aside. Upon receiving that message the following resolutions were introduced in the Senate, and passed that body unanimously, and subsequently received the sanction of the House.

Resolved by the Senate and House of Representatives of the State of Georgia, in General Assembly met, That the act of the last Legislature, making it penal to reside within the limits of the lands belonging to the State, in the occupancy of the Cherokee Indians, without having taken a license from the Governor, and without taking

laws of Georgia, under which Samuel A. Worcester and Elizur Butler, were convicted at the sitting of the last Superior Court of Gwinnett county, is not in violation of either the letter or the spirit of the Federal Constitution.

That the State has the right of civil and criminal jurisdiction over the whole of the lands within her chartered limits, and that this jurisdiction does of right extend to all the persons and things within those limits.

That the powers not delegated by the Constitution to the United States, nor prohibited by it to the States, are reserved to the States respectively '-And that a right to interfere with and control the criminal jurisdiction of the States has not been delegated by the Constitution, to the United States or its Courts; nor is the right of exclusive and final jurisdiction in all criminal cases, prohibited by the Constitution, to the States

That any attempt to reverse the decision of the Superior Court of Gwinnett county, in the case of Samuel A. Worcester and Elizur Butler, by the Supreme Court of the United States, will be held by this State as an unconstitutional and arbitrary interference in the administration of her criminal laws, and will be treated as such

That the State of Georgia will not compromit her dignity, as a sovereign State, or so far yield her rights as a member of the confederacy, as to appear in answer to, or in any way become a party to any proceedings before the Supreme Court, having for their object reversal or interference with the decisions of the State Courts in criminal matters

That His Excellency the Governor be, and he and every other officer of this State, is hereby authorized and requested to disregard any and every mandate, order, process, or decree, that has been or shall be served upon him or them, purporting to proceed from the Chief Justice or any associate Justice of the Supreme Court of the United States,

for the purpose of arresting or impeding execution of the sentence of the State Courts in criminal cases

That His Excellency the Governor be and he is hereby authorized and required, with all the means placed at his command by the constitution and laws of this State, to resist and repel any and every invasion, from whatever direction it may come, upon the administration of the criminal laws of this State.'

LEGISLATION. - The Legislature adjourned on the 24th of December, after passing one hundred and eighty five acts and fiftyfour resolves. Among them was a law to lay out the gold region in the country occupied by the Cherokees, into small lots, and dispose of the same by lottery. The law divides the reservation into lots of 40 acres, and gives to every citizen of Georgia over 18 years of age, who has resided there three years, one draw, and to every married man an additional draw. The number of tracts will be about 40,000, and the price of the grants $10. All citizens are, by the bill, permitted to have an interest and a chance for a share of this El Dorado, and the number of grants at $10 will produce, after deducting the expenses, a fund estimated at above $300,000. The bill passed the Senate by a majority of one vote only; the House by a vote of 75 to 30.' An act was also passed requiring the Governor to order out the district surveyors of the Cherokee territory without delay, and in case he shall deem it for the interest of the State,' to order the land lottery to be drawn.

A report and resolutions against rechartering the Bank of the United States passed the Senate unanimously, and were laid on the table in the House, by a vote of 65 to 57. A bill was passed abolishing Penitentiary imprisonment, and resuming the ancient punish

An act declaring that unless the holder of any instrument shall proceea to collect the same within three months after being required by the surety so to do, the endorser or surety shall be discharged.

An act authorizing the Board of Physicians to examine applicants for license to practice, notwithstanding they exhibit diplomas from a Medical College.

An act directing Justices of the Peace to give notice to clerks of the inferior courts so that the right of plaintiffs to levy their executions on estrays may be tested.

Twentyfour divorce acts were pas

sed.

Twentytwo acts dividing counties: ten acts fixing the time of holding courts: seven acts relating to the militia: nineteen acts relating to roads and rivers : three banks, fourteen academies, nine churches, one masonic hall, and one rail road company were incorporated.

A resolution was passed offering a reward of five thousand dollars to any person or persons who shall arrest and bring to trial, under the laws of Georgia, the editor or publisher of a certain paper called the Liberator, published in Boston, Mass., or any other person or persons who shall utter, publish, or circulate within the limits of Georgia, the said paper called the Liberator, or any other paper, circular, pamphlet, letter, or address, of a seditious character;' and directing the Governor to pay the same out of the Treasury.

Fifteen hundred dollars were appropriated for procuring copies of the records in the public offices in London relating to the early history of the State.

The following resolutions relating to nullification were taken into consideration on the 22d of December by the House.

Resolved by the Senate and House of Representatives of the State of Georgia in General Assembly met, That the Tariff of 1828 does not accord with the spirit of the Constitution of the United States, but (when the object and effect of the act is considered,) is a palpable violation of it.

That it is inexpedient, oppressive, unequal, and destructive to the great leading interests of the South - pecuniary and political.

That each State of the confederacy is in the full exercise of all rights of sovereignty, except such rights as have been granted to the United States, in the Federal Constitution.

That the right to impose duties upon articles of trade, for the protection of domestic industry, has not been granted to the Federal Government, by the States, in the Federal Constitution; nor can such right be yielded, so far as the people of Georgia are concerned.

That in case of a palpable and dangerous violation of the Constitution, each State, in its sovereign capacity, has a right to judge for itself, and pronounce upon the constitutionality of the acts of the Congress of the United States; and each State in its sovereign capacity, has the right to judge of and act upon the mode as well as the measure of its re dress.

That when in the course of Federal Legislation, it becomes necessary for a State to pronounce upon the constitution ality of an act of Congress, and to prescribe to herself the mode, as well as the measure of her redress, it is a question not of right, that question being settled, but a question of expediency, having exclusive reference to the consequences which may grow out of the exercise of that right.'

The first resolution was adopted, yeas 92, nays 11.

The second, third and fourth resolutions were adopted without a division.

When the fifth was read, a motion was made to lay that and the sixth on the table for the remainder of the session, and after discussion, the question was taken and decided, yeas 87, nays 26.

This result in a Legislature which had sanctioned with so much unanimity, the nullifying resolutions relating to the jurisdiction of the Supreme Court of the United States was not a little surprising, and manifested an inconsistency only to be explained through the medium of self interest.

An act was also passed authorizing the Mayor or the Judge of Oyer and Terminer for Savannah, to order an extraordinary Court for the summary trial of causes, wherein mariners, or owners, or consignees of vessels shall be parties, upon the petition of the mariner, owner or consignee-also prohibiting the arrest of any articled seaman on civil process for twenty four hours before the advertised time of sailing of the vessel, and the lodging a detainer by the keeper of a tavern or tippling house against a seaman, where the scaman has been committed by the captain or owner.

NULLIFICATION. - The success of Georgia in setting aside a law of Congress obnoxious to her citizens, now encouraged the government of this State to follow in the same path. In the session of 1831-32, a law was accordingly passed extending the civil and criminal jurisdic tion of the State over all the Indian territory within its limits. By this act the commissioners courts of roads were authorized to cause all such roads, bridges, and ferries within the Indian territory as they should think proper.

All Indian laws and usages contrary to the laws of the State are declared to be void.

Indians meeting in counsel or assembly, and making any laws contrary to the laws of the State, are to be imprisoned not less than two, nor more than four months. This however is not to prevent their meeting in counsel to confer with an agent of the State, or of the federal government; and any person dissuading them from attending such meeting is to be imprisoned for three months.

Persons attempting to confiscate the property of Indians in consequence of

their enrolling as emigrants are to be imprisoned from two to four months.

In all suits brought to recover property from an Indian the consideration must be proven by two witnesses, except contracts made for the purchase of improvements or claims on the unceded territory which may be sustained, if reduced to writing and executed in the presence of one white man, provided a valuable consideration be paid and possession given. Indians are not to be compelled to perform military duty, to work on roads, serve on juries, nor to pay taxes; and they are to have the same privileges, within the county of their residence, of perpetuating testimony, recording wills, bills of sale and conveyances with Indian testimony, that white men have in their respective counties with white testimony An act was also passed prohibiting the introduction of slaves into the State, but emigrants may bring their own slaves with them, and citizens of the State may import such slaves as may have become theirs by inheritance, by will or marriage.

When such slaves are introduced in conformity with the act, returns are to

made upon oath, to the county courts, within thirty days, describing the slaves and declaring that they are not introduced for the purpose of sale, hire or traffic. The act also prohibits slaves thus introduced, from being sold, hired, &c, for three years and one month after their arrival in Alabama.

Failure to make the requisite return is to be punished by a fine of $200. Every slave introduced by emigrants, legatees, &c, with intent to violate the act, is to be forfeited, and the importer is to forfeit $250 for each slave thus introduced, and importers not of the enumerated class are to forfeit $250, and to be imprisoned three months.

These provisions, however, are not to apply to the slaves of travellers, nor of citizens who may be removed out of the State for a temporary purpose; nor are they to be construed to prevent citizens from importing slaves for their own use, subject to the same rules prescribed for emigrants, &c.

It also directs that all slaves imported within thirty days previous to the passage of the act should be removed from the State within thirty days; and provides that if any free person of color should settle in the State after January, 1833, and not depart within thirty days after notice of this act, he should be whipped with not more than thirtynine lashes, and if he continue to remain he is liable to be sold as a slave.

Any person attempting to teach any person of color to spell, read or write, shall be fined not less than $250 nor more than $500.

Free persons of color writing passes or free papers for slaves are to be whipped thirtynine lashes, and banished on pain of forfeiture of freedom for ten years if again found within the State. Slaves offending in this manner are to be whipped fifty lashes for the first, and one hundred lashes for each subsequent offence. Persons circulating or publishing pamphlets, &c, tending to produce insurrection among the slaves, shall suffer death. Free persons of color are forbidden from trading or associating with slaves without a written permission of the master under penalty of being whipped.

The assembling together of more than five male slaves, without their masters, at any place off the plantation to which they belong, is declared unlawful, and the slaves are to be dispersed and whipped. This act, however, is not to prevent free persons of color nor slaves from attending places of public worship held by

white persons; but slaves and persons of color are prohibited from preaching and haranguing to persons of color, except in the presence of five respectable slaveholders, under pain of being whipped. Slaveholders neglecting or refusing to provide their slaves with a sutficiency of food and clothing are subjected to a fine not exceeding $500.

An act was also passed constituting the Judge of the County Court and two Justices of the Peace into a Court for the trial of slaves and free persons of color, charged with any crime higher in degree than petit larceny. In trials under this act no indictment is required, but simply a brief statement of the offence, signed by the prosecuting Attorney. If the owner of the slave shall not employ counsel to defend him, the court are required to appoint counsel for that purpose, who are to be paid by the county a counsel fee of $10.

Persons of color capitally convicted, are to be executed in not less than five nor more than ten days from the time of passing sentence, except in cases of insurrection, when they may be executed forthwith.

An act authorizing the Circuit Courts to decree divorces, in cases of adultery or abandonment, for the space of three years, or where the husband's treatment of the wife is cruel, barbarous and inhu

man.

An act authorizing the transfer of causes from the County to the Circuit Court, where the county judge is related to either party by affinity or consanguinity.

The powers of the Supreme Court are vested in three judges elected by the legislature in joint ballot, for six years, with a salary of $1700 each.

Provision was made for digesting all the statute laws now in force.

An act exempting land belonging to Academies from taxation. A similar act in favor of Churches to the extent of two acres for each church.

An act to establish a branch of the bank of the State of Alabama at some place, to be designated by the legislature, and pledging the credit of the State for the redemption of its notes, and the payment of its debts.

An act requiring pedlers of clocks to take out licenses, for which $50 is to be paid.

A board of wardens and harbor masters were established for Mobile; and a tonnage duty of three cents per ton imposed on every vessel entering that port.

Acts were passed incorporating one Manufacturing company; four Military companies; one Bridge company; three Academies; three Rail Road companies; and one Steam Boat company.

A resolution was also passed relating to incendiary publications.' It requests the governor to open a correspondence with the governors of those States in which such publications have been or may be issued, for the purpose of procuring their suppression, or at least of preventing their being sent into the slave-holding States. It further declares that the refusal of any State to make use of the means which it possesses, for the suppression of such publications, will be regarded by Alabama as evincive of a spirit hostile to that friendship and good understanding which should characterize sister States, and as inimical to her peace and safety.'

CHOCTAWS In December, 1831, the Indian agent of the United States among the Choctaws, reported that about two thousand of the emigrants embarked on the 25th of November, in two steamboats, under the expectation of landing at Little Rock; but the water of the river was so low that they were compelled to debark at the port of Arkansas, one hundred and ten miles below Little Rock, whence they took up the line of march to Kiameche, the point of their

destination, and three hundred miles distant, under the superintendence of Cap. Brown, of the United States Army. They were supplied with wagons and all the necessary facilities for a comfortble journey.

Two other steamboats with upwards of one thousand emigrants, had chosen the route by Red river and the Washita. These were intended to be landed at Cote-Fabre on the Washita, about one hundred and sixty miles from Kiameche. Another party of about two hundred arrived at Vicksburg on the 8th inst., and were to embark on the 10th for the above destination.

On the first instant another party of emigrants of about five hundred in number, took passage in steamboats from Memphis, for White River. They are to locate in the vicinity of Fort Smith, on the Arkansas, about one hundred and twenty miles north of the principal settlement at Kiameche.

Of these emigrants, about two thousand are from the southeastern, - one thousand two hundred from the northeastern, and eight hundred from the Western districts of the nation.

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About one thousand have been ticketed to remove themselves for the commutation of ten dollars each, offered by the Government, most of whom have crossed the Mississippi.

LEGISLATION. at the Session, 1831 and 1832, the Legislature passed ninetyfive acts; nine resolves; and five memorials. Among them was an act by which all free persons of color between the ages of sixteen and fifty, are required within ninety days after its passage to remove from the State, and not to return under penalty of being sold for five years.

Persons of good character may however obtain licetées to remain from the county or probate county. This, however, is revokable at pleasure, and the negro or mulatto must remove within twenty days thereafter.

Any person receiving or employing a colored person having no free papers, on board of a steam boat or river craft, is made liable to a fine of $1000, and to be imprisoned from six to twelve months.

functions of a minister of the gospel under the penalty of thirtynine lashes A master may permit his slave to preach upon his own plantation, but only to his own slaves.

Any person employing a colored person to hawk or vend goods without the limits of an incorporated town, shall be fined from $50 to $500, and imprisoned

from one to three months.

Any free colored person so employed, shall forfeit the goods, and be whipped thirtynine lashes.

That part of the act relating to the Indian territory, which prohibited persons from making any settlement there, was repealed at this session.