Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1830-11-02
GEORGIA LEe1sLArURE.

House, and w. c. Dawson. Clerk t:oyaraas r, -,
Message in more than eleven columns, is before US.
u ~ too copious for our couInnsand must content
ourselves with brief sketch of the opening
AT II o'clock. Governor Gilmer transmitted to both
branches OF the Legislature his Message, from which
we make the following extracts
EXTRACTS.
The great number OF persons who have taken DOS
session of the Cherokee Territory in search of Gold in
defiance OF the authority OF the State, 10 tbs injury
the public property and the rights OF the Indians, hs.
made it necessary that you should be assembled
Their sooner than the tim. appointed by Law for the
mes;isg OF the Legislature.
In the early part OF the year. Geld was discovered in
great quantities in the Indian Lands. The &C, OF 1929
having liked upon the htst of June. as the time when
the laws were to be extended ever that par, Of the
State all persons seemed 10 consider hemseve. at lib
erty, in the mean Tins. to appropriate as much of s
mineral riches to themselves as possible. The whole
community became very much excited. The protits
OF those engaged IN searching fer Cold reported
TO be very great The love OF gain always one of the
strongest passions, became stimulated TO excess All
classes OF people, but especially the idle and prosa
pressed into the mineral region, with the hope Of ac-
quitting great wealth with little labour. The thousand,
OF persons thus collected together ell ,on by
motives which lead to most OF the d'oders of SOCIETY,
and freed from those restraints which the laws
upon the evil dispositions OF men, exhibited scene of
vicious indulgence, violence and fraud which would
not have been tolerated for msmen', il ,hs means
could have been used to prevent it, The Indian right
OF occupancy was wholly dsregarded. The Indians
themselves were not even permitted 10 have az equal
enjoyment Of the riches of the earth, which ci,cum-
stances had thus for a time made Common To ALL The
Cherokee Government, of the importance Of which, to
the Indians much has been lately snid proved utter
ly Pewerless TO protect any rights or punish any
wrongs The magnitude Of the evil was such that il
became matter OF consideration whether the L.ri.-
laure should not be called together to provide for Il
some proper remedy AT this time tho bill for the re-
mova OF the Cberekses beyoad the Mi,sissippi, was
depending before Congress. The Government of the
United States was, for the first time, earn~s ly ende
voTing 10 Execute the contract of ls2o.Ths manner
proposed believed to be he only one censs
tent with humanity 10 the Indians Justice to Georgia
Unfortunately Tor the country, The opposition TO the Al
mnisraion determined to make the proposed removal
OF the Indians party quefiion. The acs come cited
with the subject were found to be tar removed from
the knowledge OF the people, afford anpIs oppor.
tunity Tor me instruments OF party strife, TO msead
the public Judgment IL was considered proper net to
call the Legislature together until the result of ,hs
extraordinary struggle in Congress was known
hope also entertained, that when the laws of the
State went into operation, citizens would be dspas.
ell to respect their authority; aud such would
have been the had net large number ef the psr
sons engaged in searching for Gold, been from Other
S.ses Their refusal prevented the obedience of the
people OF this State. Before information was received
OF the passage OF the Indian bill, the United States
troops had in the encrc Of the non inercore las,
removed all persons, whether from this or ether Stats
az intruders upon the Indian Lands. Althapgh the
most confident opinion was entetsne5 that the United
States troops had such authority, its exercise as
so beneficial for the time, that opposition vas maes
to it, The correspondence 18th ILL ord w
ID par,men Mt will explain fully the option and
policy of the Executive upon this subject.
The caling the Legislature together at an unusual
time, is inconvenient to the members and expen.
.ve the people, tina, the design of doing re-
nquished ON the belief that il might be neces-
sary On the first of June the laws OF the State wer.
declared in force over the Cherokee country by public
procsmatioD a distinct proclamation at the same
time issued declaring the right OF the State all the
Geld and other valuable minerals, in its uperanted
Lands occupied by the Indians. The right thus as
Serted wac supposed to he established by The cu.oms-
ry law OF all the European nations, who made dscove-
RES or formed Colonies this Continent. by the ee
sin pie or alodia tile, which belongs the State TO all
lands within its limits, not already granted away and
the absence Of all right in the iudinnsthey hav-
ire appropriate the mineral riches of the earth to their
Imme dietely alter the issuing OF this pro.
clama,itn competent and faithful agent spp5int-
ed with dire cons to preserve the rights jhus assert
ed, from violation by all the which the the forms
of the law and the process of the would sanction
Thi, duty was promptly attended TO, and although il
was known that occasionally many persons engse.
ed in taking Gold, yet il hoped tha the efforts Of
the agent, and the iorce Of thu United States troops
would finally prevail in stopping them, il not entirely
FAR to prevent the necessity Of rsserng 10
other meaDs Nor Ibis opinion changed until /,
became too late 20 call session OF the last Legislature.
The militia would have been employed in protecting
the rights of the State TO the Gold, and removing those
who were trespassng upon that right, il the Constitu.
ton and laws had given me that authority. The law
which attached different portions OF the Cherokee Ter
ttOry several counties, 10 include the Whole
within the organized limits of the State contained no
prohibition against white psrsons niugng with the In
dian population, entering upon the Lands occupied
by them, neither had any Law OF the ate made il
criminal 10 take minerals from such Lsnds. The Gold
ID ggcrs were, therefore, neither subject arrest nor
any other criminal process. Under such cDcumsian
ces If an ate mpt bad been made to lisn bv
the use of extreme force, should death have ensusd il
would have been murder in the actors. IT orders had
beeo given TO that kind OF force the employ
Ut OF the militia would have been than use-
less The Governor, however, has no power over the
militia, except in OF nsurTection inVAsioa the
probable prospact thereof BUTT had been invested
with ample authority 10 have called out The miis,
and tho nrsdors had gro'y violated the penal stautc
trespssSed upon the acknowledged righs OF the State
in its posse ssion-yst appropriation OF money had
been made by Law, by which could have armed. e.
quipped, aud supported, for single day, sufficient
body OF militia to have effected the desired object
Perhaps the public interest would have been advanced
If the Legislature had been called together,
IL was discovered that the Executive power insult
hcisnt TO protect the public property Ons sdyantsVs,
however, wa have the right 10 expect from the
which has been pursued. Ali persons, every where,
must be convinced Of tho necessity which impels
the State exercise jurisdiction over ts Indian Terri
tory not only for the prog Of the property Of the
State but the rights OF the IndsnE, and that the Cher.
okee Government if IL had been permitted 10 exist
would have been wholly incompetent under present
circumstance TO dschargc any Of the duties for which
Governments are organized.
Your attention il requested 10 be given ~ cnrly .,
possible, to the passage Of such law you may sup.
pose most eHeotua Tor the removal of.ths persons 81
pTsssnt upon the public lands searching for gold we'll
40 to prevent any iunte entries thereon for that put
pose. such 10 the tempting nature Of this employment
that highly penal enaclmen,s will be Necessary e.
feet this objscf Very few would engage in IL, II u
exposed them to confinement for years in the Psnien
iiary. Az the evil to be prevented IL OF great mas mi
tude and qufes immediate remedy, il will be
pedient that the provisions u Whatever law you may