Executive Department, Ga., Milledgeville, Aug. 19th, 1833. His Excellency, Gov. Gayle, of Alabama. Sir: I have the honor to transmit to your Excellency the enclosed affidavit of James P. Guerry, and other proceedings had thereon before the Hon. Lott Warren, Judge of the Superior Court in the Southern District of Georgia, by which Wm. Alday, of the County of Wilkinson, in this State, stands charged with the offense of negro stealing. And it being represented to me that the said William Alday has fled from justice and is now within the limits of the State over which you preside, I have to request that your Excellency will cause the said fugitive to be delivered to Jno. T. McCrary, whom I have appointed agent on the part of this State, under the provisions of the act of Congress, passed 12 Feb'ry, 1793, respecting fugitives, to receive and bring him to the County of Twiggs, in this State, where the said offense is alleged to have been committed. It being represented that the said fugitive has been arrested and confined in the jail at Montgomery, it will be a great convenience to the said agent to meet your order for the delivery of the accused in that place, and for this purpose I take the liberty to request that a warrant to that effect be transmitted to the jailer at Montgomery without delay. I have the honor to be Yr. obt. servt., W. LUMPKIN. Col. Wm. C. Lyman. Executive Department, Ga., Milledgeville, August 26th, 1833. Sir: I have received several communications on the subject of routes for roads in the new counties, anticipating, as they do, some aid from the State hands, all of which I should like to lay before you, for consideration, &c. Your overseer, Mr. Hill, informed me a few days ago that his negroes were becoming very sickly, and that he thought it necessary to remove them to a more healthy neighborhood. We are also urged upon every hand to remove said hands to the road from Macon to this place. I shall be glad to see you, and consult with you on these and other matters connected with the public service in which you are engaged. In anticipation of what wil be necessary to lay before the approaching session of the Legislature, I take this occasion to suggest to you that it is very desirable on my part, and cannot fail to be useful to the Legislature and the public interest, for the Executive to be able to lay before the Legislature the most ample, clear and distinct views of the progress and present condition of every branch of the public interest. I should therefore like to have from you a condensed statement which would exhibit at one view, first, the aggregate of your disbursements since you came into office; the aggregate of road made by the hands under your command; a full and fair description of each slave under your command at present, and their respective stations; the number of deaths; the number disposed of under Executive orders, and how the proceeds have been applied. Also the number, quantity, &c., of mules, oxen, vehicles, tools, implements, &c. I consider this information the more important from the apprehension that the Legislature may deem it expedient to discontinue our present plan of operations, and may therefore provide for disposing of the stock on hand, including the negroes. All of which is respectfully suggested to you, with a view to the interest and information of the public. Very respectfully, WILSON LUMPKIN. Executive Department, Georgia, Milledgeville, Dec. 10th, 1833. To E. P. Gaines, Isaac Rawlings, Jno. Pope, Robertson Tapp, and James Ross, Esquires. Gentlemen:-Your communication of the 25th ult., with the papers therein referred to, have been duly received at this department, and, without delay communicated to the General Assembly of this State, now in session. The objects contemplated by the "Atlantic & Mississippi Railroad Company" are entitled to the respectful consideration of the public authorities of the several States, whose citizens are so deeply interested in the grand work contemplated. I can but regret that your views and communications did not reach this department at an early period of the session of the General Assembly, fearing, as I do, that the near approach of the adjournment of that body will prevent that investigation which might otherwise have been reasonably expected. I have the honor to be Yr. obt. servt., WILSON LUMPKIN. CHAPTER XI. OFFICIAL LETTERS, 1834. Wm. G. Springer, Esq. Executive Department, Ga., Sir: Under the authority of an act of the General Assembly, passed on the 20th of Dec'r last, I have appointed you agent for the purpose of carrying into effect the provisions of the act referred to, which act is intended to provide more fully for the government and protection of the Cherokee Indians residing within the limits of this State. Upon a careful examination of the law under which you receive your appointment, and which prescribes your various duties and responsibilities, you will readily perceive your duties will be arduous, complicated, and often have to be executed with difficulty. At the same time, the compensation allowed you by law, I feel free to say, I deem to be inadequate to the services and responsibilities imposed upon the agent. Nevertheless, the services to which you are called are deeply interesting to the people of the State, and if you should succeed in accomplishing, to the satisfaction of the country, the important objects contemplated by the Legislature, your labors will no doubt be duly appreciated by the people, and their representatives, hereafter. The best instruction which I am able to give you is to urge upon your consideration, in all questions which may arise, that you make the law under which you act your rule and guide. Let the law be executed according to its letter and spirit, and you will have discharged your duty. Whenever you find yourself at a loss upon any legal question which may arise, you are hereby instructed to consult and employ, when you may deem it necessary, the best legal counsel that you may be able to obtain, the expense of which I shall feel myself authorized to defray from the contingent fund. You will, whenever necessary, feel yourself more especially authorized to call upon any one or more of the Solicitors General for legal advice, considering them, as I do, in duty bound to defend the rights and interest of the State, so far as legal questions may be involved. In all engagements with counsel you will, however, have a due regard to economy, and have it distinctly understood that their charges for legal services shall not exceed what is customary for similar services. I herewith present you with a list of the names of Cherokees, and their descendants, who are enrolled under the Treaty of 1817, and who received the articles allowed to emigrants under said Treaty, and many of whom are supposed to be still remaining in Georgia. I also herewith furnish you with a list of all the lots embracing Indian improvements, in what is generally called the Cherokee Country, according to the several returns of the surveyors-which list has been furnished this department by the Surveyor General, and may therefore be relied on as correct. Under the provisions of the law, it is highly important that the information upon which your official acts are predicated should be well authenticated. I would therefore recommend to you that, at as early a day as practicable, you repair to the Cherokee Agency, and hold a conference with Col. Montgomery, the Cherokee Agent. Lay before him the late act of the Legislature of Georgia, under which you act (a copy of which is herewith furnished you), and request him, in the name and authority of Georgia, to furnish you with all such information and copies of the records of his office as may aid and assist you in the execution of your official agency. The list of persons who have heretofore enrolled for emigration may be correctly obtained at the Cherokee Agency; also a complete list of the names of the persons who have taken reserves in fee simple, or for life, under former treaties. Indeed, you may obtain much useful information from Col. Montgomery, the Indian Agent, and I feel assured that you will find him disposed to afford you every necessary aid which may be within his official control. Moreover, I would advise you to confer freely and fully with Maj. Curry, the Enrolling Agent, and his assistants. These several gentlemen, from their official situations, are, of course, in the possession of much useful information, calculated to aid you in the discharge of the delicate and highly responsible duties of the agency to which you are called. Free intercourse with the most intelligent |