Phenix gazette. [volume] (Alexandria [D.C.]) 1825-1833, 1833-01-25
THE MISSIONARIES.


THE MISSIONARIES.
The following is the Proclamation Of the Co.
vernon Of Gsnrgia, releasing the Missionaries
recently confined in the Penitentary of that
state
BIZ WILSON LUMPKIN, Governor and Command
erin Chief Of the .7rmy and Navy Of Georgia,
and Of the Militia thereof
To CHARLES C. Mills. Esquire, Principal keep
er of the Penitentiary.
WHEREAS at Superior Court, held in and for
the county Of Gwinnet,, at the September Term
1891, Samuel A. Worcester and Elizur Butler
were convicted of Illegal residence within the
Territory Of this State. then inhabited almost
exclusively bY Cherokee Indians, and such other
persons as were unfriendiy to the rights and IN.
terest of the Stately hsreupon they were
sentenced to four years conference.-the thexRenl
tertiary of this State.
And whereas sound policy has, since the con-
6nemsat of said persons, induced the constituted
authorities of this State, to provide by law, for
the legal settlement of the unoccupied part OF
said Territory. by a free white prpulation-and
having provided for the organization OF said Ter
ritory into counties Of suitable TORN and size, Tor
the convenient and regular administration Of pub
lie Justice, and the due execution OF the laws Of
the State. And the Legislature being assured,
AZ their late session, that, under existing arrange
ments which were daily soag into execution, the
country would shortly contain sufficient num-
be Of well qualified inhabitants, to carry fully
INTO effect these several objects-did therefore
repeal the law under which the said Samuel a.
Worcester and Eiizur Butler were convicted and
sentenced as aforesaid:
And whereas the said Samuel A. Worcester
ard Elizur Butler have made known to me. that
they have instructed their counsel, William
Writ and John Sergeant Esquires, to prosecute
the case which they had thought fit to institute
before the Supreme Court of the United States
against the State of Georgia, further, but have
concluded - to leave the question of their con
tinuaucs IN confinement to the magnanimity OF
the State"
Aud moreover. taking into consideration the
earnest soicitude for the release Of these ind-
yiduals, which has been communicated to ne, iii
the must friendly and respectful manner, by ma
ny Of the most dis,iBs ushed friends Of the State
residing in various parts Of the Uhion-amonsst
whom are MANY of those who have sustained the
State and her autnorit,es throughout this unPlea-
SAINT cOutroversy And also taking into view,
the triumphant ground which the State finally
occupies IN relation to thi, subject. in the eyes of
the Nation, as has been sufficiently attesed.
through various channels, especially il the re-
cent overwhelming re election of President Jack
son, the known defender OF the rights Of the State
throughout this controversy. AHd nov believing
as do. that not only the rights IF the State have
been fully and successfully vindicateI and sus-
tained in this matter, but being assured as am,
that the State is Tree from the menace of any pre-
tended power whatever, tn infringe ppon her
rights, or control her will in relation to thIs sub
ject. And ab0ve all other considerations, the
magnanimity Of Georgia being now appealed TO
Il therefore, as the organ oil the State, feel
bound to sustain the generous and liberal charac.
ter Of her people.
Whatever may have been the errors of these
NEUTRALITY-SUSPICIOUS. endorsements and heart-
burnings they may have been instrumental in
creating-however miscellaneous they may have
been, in working evil To the State. to themselves.
and the still more unfortunate Cherokees-and
whatever may have been the spirit which has in.
fuenced them to the course they have pursued
and however obstinately they may have adhered
to the counsel Of their employers, aiders and
abettors, yet the present state of things is SUCH
that it is enough-that they submit the case "to
the magnanimity Of the Stale" They shall
therefore 60 free-And know We, that for aud ia
consideration Of all the foregoing circumstances,
and many more which might be enumerated
I have thought proper to remit, and do, IN virtue
of the power vested in me bv the Constitution,
hereby remit the further execution of the sentence
Of the Court against the said Samuel A. Worces-
ter and Elzur Butler, aud order that they be
forthwith discharged.
In testimony whereof, have hereunto set my
hand, and caused the Seal Of the Execu.
tive Department to be affixed, this four.
teenth day of January, in the year of our
Lord one thousand eight hundred and thirty
three, and of American independence. the fifty
seventh. WILSON LUMPKIN.
By the Governor:
RHoDoM A. GREENE, Secretasy.