- Collection:
- Southeastern Native American Documents, 1730-1842
- Title:
- [Proclamation] 1833 Jan. 14, Georgia to Charles C. Mills / Wilson Lumpkin, Governor of [Georgia]
- Creator:
- Georgia. Governor (1831-1835 : Lumpkin)
- Date of Original:
- 1833-01-14
- Subject:
- Cherokee Indians--Government relations
Cherokee Indians--Missions
Cherokee Indians--Treaties - People:
- Worcester, S. A. (Samuel Austin), 1798-1859
Butler, Elizur, 1794-1857 - Location:
- United States, Georgia, 32.75042, -83.50018
- Medium:
- proclamations
- Type:
- Text
- Format:
- text/html
image/jpeg - Description:
- This document, dated January 14, 1833, is a printed proclamation from Wilson Lumpkin, Governor of Georgia (1831-1835), to Charles C. Mills, Principal Keeper of the Penitentiary, and possibly intended for publication. Lumpkin directs the release of two missionaries, Samuel A. Worcester and Elizur Butler, who had been imprisoned for dwelling in the Cherokee territory and refusing to take an oath of allegiance to Georgia. Lumpkin explains his reasons for remitting the sentences of the two men, including fervent appeals by citizens of the Union, but strenuously reasserts the "evil" of their deed. He further asserts that his decision was based on the missionaries' decision to leave their case to "the magnanimity of the state." Despite this characterization of events, the case had already been taken before the Supreme Court (Worcester v. Georgia) and decided in their favor in 1832.
Digital image and encoded transcription of an original manuscript, scanned, transcribed and encoded by the Digital Library of Georgia in 2001, as part of GALILEO, funded in part by a grant from the Institute of Museum and Library Services. - Local Identifier:
- fhp003
- External Identifiers:
- Metadata URL:
- https://dlg.usg.edu/record/dlg_zlna_fhp003
- Digital Object URL:
- https://dlg.usg.edu/record/dlg_zlna_fhp003#item
- IIIF manifest:
- https://dlg.usg.edu/record/dlg_zlna_fhp003/presentation/manifest.json
- Language:
- eng
- Bibliographic Citation (Cite As):
- Cite as: [title of item], Felix Hargrett Papers, Hargrett Rare Book and Manuscript Library, The University of Georgia Libraries, presented in the Digital Library of Georgia
- Extent:
- 2 pages/leaves
- Original Collection:
- Manuscript held by the Hargrett Rare Book and Manuscript Library, The University of Georgia Libraries, Felix Hargrett Papers, box 02, folder 65, document 01.
- Holding Institution:
- Hargrett Library
- Rights:
-
Page: [1]
Georgia.
By WILSON LUMPKIN, Governor and Commander in Chief of the Army and Navy of the State, and of the Militia thereof.
To CHARLES C. MILLS, Esquire, Principle Keeper of the Penitentiary.
Whereas, at a Superior Court held in and for the county of Gwinnett, at the
September Term, 1831, 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 unfriendly to the rights and interests of this State.
And whereas, sound policy has, since the confinement 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 population -- and having provided for the organization of said Territory into counties of suitable form and size, for the convenient and regular administration of public justice, and the due execution of the laws of the State. And the Legislatue [Legislature] being assured, at their late session, that under existing arrangemants [arrangements] which were daily going into execution, the country would shortly contain a sufficient number 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 Elizur Butler were convicted and sentenced as aforesaid:
And whereas the said Samuel A. Worcester and Elizur Butler have made known to me, that they have instructed their counsel, William Wirt and John Sergeant, Esquires, to prosecute the case which they had thought fit to
Page: [2]
institute before the Suprem [Supreme] Court of the United States of Georgia, no further; but have concluded to leave the question of their continuance in confinement to the magnanimity of the State.'
And moreover, taking into consideration the earnest solicitude for the release of these individuals, which has been communicated to me, in the most friendly & respectful manner, by many of the most distinguished friends of the State residing in various parts of the Union -- amongst whom are many of those who have sustained the State and her authorities throughout this unpleasant controversy. And also taking into view, the triumphant ground which the State finally occupies in relation to this subject, in the eyes of the nation, has been sufficiently attested, through various channels, especially in the recent overwhelming re-election of President Jackson, the known defender of the rights of the State throughout this controversy. And now believing as I do, that not only the rights of the State have been fully and succcessfuly [successfully] vindicated and sustained in this matter, but being assured as I am, that the State is free from the menace of any pretended power whatever to infringe upon her rights, or control her will in relation to this subject. And above all other considerations, the magnimity [magnanimity] of Georgia being now appealed to -- I therefore, as the organ of the State, feel bound to sustain the generous and liberal character of her people.
Whatever may have been the errors of these individuals -- whatever embarassments [embarrassments] and heart-burnings they may have been instrumental in creating -- however mischievous 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 influenced 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 State.' They shall, therefore, go free. And know ye, that for and inconsideration of all the foregoing circumstances, and many more which might be enumerated, I have thought proper to remit, and do, in virtue of power vested in me by the constitution hereby remit the further execution of the sentence of the Court against the said Samuel A. Worcester and Elizur Butler, and order that they be forthwith discharged. In testimony whereof, I hereunto set my hand and caused the seal of the Executive Department to be affixed. this
fourteenth day of January, in the year of our Lord one thousand eight hundred and thirty-three, and of the American Independence, the fifty-seventh.
WILSON LUMPKIN.
By the Governor:
RHODOM A. GREENE, Secretary.