Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1833-01-26

oil Gwinnet, at the September term, 1881 Samuel A.
Worcester and Eiisur Butler, convicted of illegal
residence within the Territory Of this State then nhabt
cd almost exclusively by the Cherokee Indians and such
other persons unIrendly the rights and inter
est OF the State, whereupon they sentenced TO four
years confinement in the Penitentiary of this State
And whereas sound policy has since the confinement
oil said persons, induced the constituted authorities Of
state to provide by law for the legal settlement of the
unoccuped part OF aid Territory by free white popul
hon-aud having provided for the rsanzaon of said
Territory into counties OF suitable form and size for tle
convenient and regular administration Of public justice
and the due execution OF the laws Of the State And the
Legislature being assured at their late session that under
existing arrangements, which daily going into exe.
cution the country would shortly contain sufficient
number Of well qualified inhabitants TO carry iv into
effect these several obccts-,d therefore repeal lie law
under which the said Samuel A. Worcester and ElizuI
Butler were convicted and sntenced MS aforesaid
And whereas the said Samuel A. Worcester and Elizu
Butler have made known me, that they have instruct
cd Their counsel, William Writ aud John Sergeant s
qulres to prosecute the which they had ,houeh fl
TO institute before the Supreme Court the United States
against the State OF Georgia, further But have con
Guided, 40 iedpe the question IF their continuance IN
c0'ynement, to the n'dgndniDity IF The Stale"
And moreover, taking into consideration the earnest 50
Tor The release oil these individuals, which has
communicated TO me- IN the most friendly
manner, by many OF the distinguished friends of the
State, residing in various parts OF the Union-amopc
whom of those, who have sustained the State
aud her authorities throughout this unpleasant
sy Aud also taking into view the triumuhau, oro,,,
which the State finally occupies in relation TO this Subject
III 'he eyes OF the nation, has been sufficiently
/
wllelming reelection Of President Jackson The kno,y
defender oil the rights OF the State throughout t, con,ro
yersy. '
And now believing, do TIA, not only the rights of
The State have been fully and successfully vimicated and
sustained IN this matter, but being assured as am that
the state Is Tree from the of any power
whacver 10 infringe upon her rights or control her will
IN relation TO this subject And above all other
hos tho magnanmity Of Georgia being now appealed 70
therefore, as tho organ of the State feel bound 10 ss
~ me generous aud liberal character of her people
Whatever may have been errors of hese individual
Whatever cmOarrassments and heart bunngs they NAV
nave oeeh instrumental in creanghowever mschicyous
'hey may have been in working evil to the State TO them
serves, and the still more unfortunate Chcrokees-and
whatever may have been the spirit, which has infu
ehced Them TO the course they have pursued-and how
ever oDsnaeiy they may have adhered 10 the counsel of
heir employers aiders and abctors. Yet the present
ae OF hings Is such, that it is enough-that thew sub
INV ,ne Case 10 the magnanimiiy of the Stae"' They
s"" therefore 60 free. And KNOW YE that for and in
eS'ucrauon oil all The foregoing circumstances and MANY
"o'c "hch might be enumerated-I have thought pro
per 70 en and do by virtue of the power vested i'm me
by the Constitution, hereby remit the further cxecu,;o
worcester aud Ezur Butler and order, that they be
forthwith discharged.
In testimony Whereof ! have hereunto set NV hand
and caused the Seal of the Executive Department
10 be affixed, this fourteenth day OF January in tho
year oil our Lord, thousand eight hundred and
thIrty-three, and of American Independence the iii
- y-seVeh'h WILSON LUMPKIN.
RHoDoM A. GREENE, Scc'ry.
OHARLEs Z. MILLS, ESQ, Principal Keeper of the
Penitentiary