- Collection:
- Southeastern Native American Documents, 1730-1842
- Title:
- [Letter] 1822 Nov. 12, Milledgeville, [Georgia] to the Senate and House of Representatives / John Clark, [Governor of Georgia]
- Creator:
- Georgia. Governor (1819-1823 : Clark)
- Date of Original:
- 1822-11-12
- Subject:
- Creek Indians--Land tenure
Cherokee Indians--Land tenure
Indian land transfers - Location:
- United States, Georgia, 32.75042, -83.50018
- Medium:
- letters (correspondence)
- Type:
- Text
- Format:
- text/html
image/jpeg - Description:
- This document is a letter from John Clark, Governor of Georgia (1819-1823), to the members of the Georgia state Senate and House of Representatives, dated November 12, 1822. Clark indicates that he is transmitting memorials from state officers contesting fees paid in relation to an act passed on December 24, 1821 that provides for the issue of lands recently acquired from the Creek and Cherokee Indians.
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:
- tcc479
- External Identifiers:
- Metadata URL:
- https://dlg.usg.edu/record/dlg_zlna_tcc479
- Digital Object URL:
- https://dlg.usg.edu/record/dlg_zlna_tcc479#item
- IIIF manifest:
- https://dlg.usg.edu/record/dlg_zlna_tcc479/presentation/manifest.json
- Language:
- eng
- Bibliographic Citation (Cite As):
- Cite as: [title of item], Telamon Cuyler, Hargrett Rare Book and Manuscript Library, The University of Georgia Libraries, presented in the Digital Library of Georgia
- Extent:
- 4 pages/leaves
- Original Collection:
- Manuscript held by the Hargrett Rare Book and Manuscript Library, The University of Georgia Libraries, Telamon Cuyler, box 48, folder 07, document 02.
- Holding Institution:
- Hargrett Library
- Rights:
-
Page: [1]
Executive Department Georgia Milledgeville
12th.. November 1822.}
To the Honble.. [Honorable] The Senate, and House of Representatives,
I herewith transmit for your consideration two Memorials from the State House officers entitled to fees on grants for lands, alleging, that the Act of the Legislature of the
24th.. December 1821, "To establish the fees of the public officers of this State, on all grants that may be issued for lands lately obtained from the Creek and Cherokee Nations of Indians," was unconstitutional and urging that the operation of the same might be arrested, and they paid their fees at the rates prescribed by the law in force when they were elected, subsequent to which this act reducing their fees was passed, when the Constitution declares, that neither their salary nor emoluments shall be increased or diminished during the time for which they were elected. The act passed
19th.. December 1818, establishing the fees of these officers, under which they contended they should hence been paid, but on reference to it, it was discovered to be as unconstitutional in one particular as the act of
1821, it having originated in the Senate.
The Executive therefore considered it to be his duty to dispense with acting under the last mentioned act as well as the one of
Page: [2]
1821; - In doing which he regrets the passage of an Act that should have made such a decision necessary, but conceives it attributable alone to the pressure of business on the close of the session.
The Executive viewing the act of
1818, under which those officers claimed their fees the same, in one particular as the one of
1821, and it being applicable only in part for the fees on grants for lands mentioned in this act, he determined to pay at the rates prescribed by it only for the first quarter, the greater part of which had elapsed before the passage of the Act of the
24th.. December 1821. The other three quarters have been paid at the rates prescribed by An Act of
1805. which is believed to be the only act in force regulating fees for similar grants. Under this view of these acts, and there being a surplus of the Land Fund unapplied, the fees have been paid out of that fund; and it is respectfully submitted for your determination whether the officers shall have the residue of the fees claimed by them for the three last quarters; and to take such other measures in relation to this subject as in your wisdom you may deem proper.
Presuming that more or less of your time will be employed upon the Penitentiary System, I lay before you two reports upon that subject, one made under the directions of the General Assembly of the State of Louisiana by Edward Livingston Esquire and the other prepared under a resolution of the Society
Page: [3]
for the prevention of Pauperism in the City of New York. As the pamphlets containing these reports are voluminous I have not been able to have them copied, and have therefore sent the originals to the House of Representatives.
[Signed] John Clark
Page: [4]
[illegible text]