ties shall have obtained the concurrent verdicts of two special juries authorizing a divorce upon legal principles.

DUELLING.-All persons who may have been heretofore engaged in a duel, are discharged from all disabilities imposed by preceding acts in relation to duelling, so far as the oath against duelling is concern ed. All persons who may be here. after engaged in duelling, either as principals or seconds, shall be guilty of a high misdemeanor, and upon conviction, shall be punished in the penitentiary, for a term of years not less than four, nor more than eight years.

MANUFACTURING CORPORATIONS. Acts were passed to incorporate the De Kalb Manufacturing Company, with a capital of $30,000, which may be increased to $50,000; and a woollen and cotton manufacturing company, to be established in the county of Richmond; its capital is $50,000, and it may be increased to $100,000.

MINING COMPANIES.-An act was passed incorporating the Augusta, the Habersham, and the Naucoochy mining companies.

ICE COMPANY.-The Augusta Ice Company was incorporated.

INDIANS.-An act was passed to protect the Cherokees in the peace. able possession of the lands secured to them by the existing laws of the state; and to provide for bringing to trial of the trespassers upon the lots or fractions of land belonging to the state in the Cherokee country. Ten men under the command of a fit and qualified officer, shall be continued in the Cherokee country, who shall have full and complete power to protect each and every Indian in his and their persons, and also in the enjoyment of all their personal property; and it shall be the duty

of said commanding officer and his guard to prevent the intrusion, no matter by whom, on any lot of land already or hereafter to be drawn, or fraction undisposed of, on which any Indian or Indians may and do actually reside and occupy; the commanding officer and his guard are to visit and inspect the Indian habitations and settlements; a person is to be appointed to act as agent or guardian of the Indians, whose duty it shall be to reinstate any Indian who may have been illegally dispossessed of his real or personal property; but the person setting up any claim to such property, may appeal to the Superior Court; the agent is also required to guard diligently the fractions lying in the county in which he resides, belonging to the state, and to prosecute persons tres. passing in said fractions by digging gold or otherwise. Justices, sheriffs, military officers, &c. are herby enjoined to see impartial justice done to said Indians, and to aid in sustaining their just rights; any person who shall dispossess them of their personal property, or attempt to do so, shall be subject to a fine of fourfold the value of the property so taken or attempted to be taken, besides such other fine, not exceeding $200, as the court may deem fit; any person who shall by any act either forcibly deprive, or in an illegal manner, endeavour to deprive any Indian or Indians of the possession or occupation of any lot of land on which, or any part thereof, the said Indian has resided as a home, on conviction, shall forfeit all right and title to said lot, or any part thereof, and be fined in a sum not less than $100, nor more than $1,000; it is further enacted, that though the oaths of Indians are not admitted in the state courts, for the purpose of protecting their persons,

property and lands, their rights shall be recognised for these special purposes, and be considered as standing on the same footing with free white citizens of the state; any person who shall be guilty of any trespass upon the premises of the Indians resident aforesaid, shall be guilty of a high misdemeanor, and upon conviction thereof, shall be punished by a fine not less than $100, nor more than $500, and confinement in the county jail, for a term not less than three nor more than six months; no inferior court while sitting as a court of ordinary, shall grant letters of administration to any person on the estate of any deceased Cherokee Indian, or the descendant of a Cherokee Indian.

By another act the governor is required to discharge the guard placed in the Cherokee country for the protection of the gold mines, and to enforce the laws of the state.

FOREIGN ATTACHMENT.-All corporations in the state, are to be liable to garnishment both in cases of attachment and in cases at common law; they are to answer under their corporate seal by their presiding officer; summonses in garnishment shall in all cases be served personally; but no corporation shall be liable to be garnished for the salaries of any of its officers.

JURY FEE.-In actions commenced in the superior or inferior courts, the jury fee is to be $3 on all verdicts which may be signed, and $1 on all judgments which may be confessed.

BAIL.-No person shall give bail more than twice for the same offence before trial therefor.

LANDS.-A number of acts and resolutions were passed in relation to the gold and land lotteries.

PENITENTIARY.-An act was passed to improve the penitentiary edi

fice, and to regulate the manage ment of its concerns. The system of penitentiary punishment is to be re-established.

PILOTAGE.-An act was passed to amend the several laws in force in this state, regulating the pilotage of vessels.

NEGROES.-An act was passed to establish an infirmary for the relief and protection of aged and afflicted negroes.

Resolutions were adopted approving the measures pursued by the president, for the purpose of inducing the Cherokees to remove; requiring the governor to appoint commissioners to prepare a plan for the buildings of the penitentiary, and digest a system of laws for its government.

Also a law, forbidding the employment of any slave or free person of colour, as a compositor, (type setter,) in any printing office in that state, under a penalty of $10 for every day during any part of which said black should be thus unlawfully employed.

Also the following resolutions, which received in the house of representatives a vote of 97 affirmatives, 57 negatives.

For as much as throughout the United States, there exist many controversies growing out of the conflicting interests, which have arisen among the people, since the adoption of the federal constitution, out of the cases in which congress claims the right to act under constructive or implied powers; out of the disposition shown by congress, too frequently to act under assumed powers, and out of the rights of jurisdiction, either claimed or exercised by the supreme court; all of which tend directly to diminish the affection of the people for their own government, to produce discontent, to represe

patriotism, to excite jealousies, to engender discord, and finally to bring about the event, of all others most deeply to be deplored, and most anxiously to be guarded against, viz. a dissolution of our happy union, and a severance of these states into hostile communi. ties, each regarding and acting towards each other with the bitter. est enmity.

And the experience of the past having clearly proved, that the constitution of the United States needs amendment in the following particulars :

1. That the powers delegated to the general government, and the rights reserved to the states or to the people, may be more distinctly defined.

2. That the power of coercion by the general government over the states, and the right of a state to resist an unconstitutional act of congress, may be determined.

3. That the principle involved in a tariff for the direct protection of domestic industry, may be settled.

4. That a system of federal taxation may be established, which shall be equal in its operation upon the whole people, and in all sections of the country.

5. That the jurisdiction and process of the supreme court, may be clearly and unequivocally settled.

6. That a tribunal of last resort may be organized to settle disputes between the general government and the states.

7. That the power of chartering a bank, and of granting incorporations, may be expressly given to, or withheld from congress.

8. That the practice of appropriating money for works of internal improvement, may be either sanctioned by an express delegation of

power, or restrained by express inhibition.

9. That it may be prescribed what disposition shall be made of the surplus revenue, when such revenue is found to be on hand.

10. That the right to, and the mode of disposition of the public lands of the United States may be settled.

11. That the election of president and vice-president may be secured, in all cases, to the people.

12. That their tenure of office may be limited to one term.

13. That the rights of the Indians may be definitively settled.

Be it therefore resolved, by the senate and house of representatives of the state of Georgia, in general assembly met, and acting for the people thereof, That the state of Georgia, in conformity with the fifth article of the federal constitution, hereby makes application to the congress of the United States, for the call of a convention of the people, to amend the constitution aforesaid, in the particulars herein enumerated, and in such others as the people of the other states may deem needful of amendment.

Resolved further, That his excellency the governor be, and he is hereby requested to transmit copies of this document to the other states of the union, and to our senators and representatives in congress.

Agreed to, 12th December, 1832. The following additional resolu. tion was offered, and carried by a vote of 102 to 51:

Resolved, That we abhor the doctrine of nullification, as neither a peaceful nor constitutional remedy; but, on the contrary, as tending to civil commotion and disunion; and while we deplore the rash and revolutionary measures recently

adopted by a convention of the people of South Carolina, we deem it a paramount duty to warn our fellow citizens against adopting her mischievous policy.

From the Savannah Georgian. LAND LOTTERIES.-The lotteries commenced on the 22d September. The following are the number of draws placed in the wheels, and the prizes to be awarded to them, viz:

In the land lottery, in which the prizes are square lots of 150 acres each : names given in 85,000; prizes 18,309; or about four and a half blanks to a prize.

In the gold lottery, in which the prizes are square lots of forty acres each: names given in, 133,000; prizes, 35,000; or nearly four blanks to a prize.

At a subsequent meeting of the legislature, one of the commissioners of the land lottery was impeached for high crimes, misdemeanor, and forgery. One of the tracts of land which he contrived to draw for himself, was the residence of Ridge, the Cherokee chief, estimated to be worth $40,000.

He was arrested by the warrant of the speaker. His name is Shadrach Bogan, of Gwinnett county.

CREEK TERRITORY--In the sum. mer of 1833, Col. Hardeman Owens was shot by the United States troops, for resisting an attempt to remove him from the Creek country, where he had established himself in violation of the federal laws. The legislature had passed an act dividing the Creek territory in this state into counties, and as the president made no remonstrance against the law, pretensions were set up by the state, not only to the sovereignty, but to the property of the soil. Many

whites were induced to settle in the "nation" with the view of obtaining by force or fraud the lands reserved by the Indians. Complaints being made, the intruders were notified by the United States marshal to leave the territory, and upon the refusal of Owens to go, the troops were called in to remove him. This he resisted; and, when about to discharge a pistol at the soldiers. was himself fired upon, and killed by one of them.

This act caused some sensation in Alabama. An indictment was

found against the soldier, which Major McIntosh, the commander of the troops, would not permit to be executed, and ultimately the soldier escaped by desertion, rather than submit to trial in a state where he thought that like Tassel, in Georgia, he might be hanged before a judg. ment against him could be reversed.

Governor Gayle issued a proclamation denouncing the removal, but the marshal went on to enforce the laws of the United States, and the intruders were finally removed.

In this state, however, the local courts were indisposed to disregard the laws and constitution of the United States.

In September, 1833, Scott Mankiller, a Cherokee, was tried before the circuit court for St. Clair county, (William J. Adair, presiding,) for the murder of his brother.

A plea to the jurisdiction of the court was filed, stating in substance that the said Scott Mankiller was a native of the Cherokee nation of Indians-that the offence charged was committed in that nation-that he

was amenable to the laws thereof, and not subject to the jurisdiction of the tribunal before which he was then arraigned. The solicitor put in a special replication, to the effect that the offence was committed within the constitutional limits of the state of Alabama, and in that part of the so called Cherokee nation, which had been attached to, and made part of, the county of St. Clair.

In the argument, two points were taken for the prisoner. 1st, That the state of Alabama had no right to extend its jurisdiction over the Indian nations within its chartered limits; and 2d, conceding the right, the act of the legislature did not embrace the case under conside. ration.

The court sustained the plea to the jurisdiction, and discharged the defendant, upon the ground that Alabama had become a member of the Union, with a full knowledge of the treaties then subsisting between the United States and the Cherokee Indians that they were the supreme law of the land, and guarantied in terms or by implication, the right of soil and jurisdiction, and that the state, in extending the laws over the Indians, had transcended her constitutional powers.

1832. The legislature of this state held an extra session, in the fall of this year, in order to remedy a defect in the law relating to the election of president and vice president. In his message to the legislature, the first domestic topic which the governor urges upon their attention, is the necessity of a thorough revision of the criminal code of the state. The present code, he observes, is admitted to be altogether too severe to be longer continued, either in policy, justice, or humanity. There are no less than twenty-one offences pun

ishable by death, twenty-one by whipping, four by the pillory, and four by branding; modes of punishment which are disproportioned to the crime, barbarous and sanguinary in their nature, and inconsistent with the enlightened spirit of the times. He recommends the adoption of a penitentiary system, as a substitution for every kind of punishment except for the most heinous offences. The governor recommends several amendments to the militia laws, which, in that state, as every where else, are defective and insufficient. He speaks with great zeal and gratification upon the condition and prospects of the state university.

Resolutions were passed at this session relating to the tariff and nullification. The first resolution condemns the tariff, as being against the spirit of the constitution. The second declares, that the act of 1832 is not to be considered as a recognition of the principle of protection; but should be esteemed as the harbinger of a better state of things, and as a pledge that the principle will be abandoned. The third condemns nullification as unconstitutional and revolutionary. The fourth is an appeal to the people of the state to rely on the justice of the government, and to avoid nullification; it concludes by solemn y adjuring congress to abstain from the exercise of the dubious and constructive powers claimed under the constitution. And the fifth recommends the call of a federal convention.

LEGISLATION.-Acts passed at the extra and annual sessions of the legislature of Alabama, begun and held in Tuscaloosa, on the first Monday in November, 1832.

TONNAGE DUTY.-A resolution was passed, requesting congress to authorize the state to lay a tonnage