[Letter] 1830 Aug. 14, Covington, [Georgia to] George R. Gilmer, [Governor of Georgia], Milledgeville, Georgia / Richard L. Simms

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Covington
Augt. 14th 1830.
Sir
Your letter dated the 27th Ulto [Ultimo] is before me. I am requested to give [deleted text: [illegible text] ] your excellency call into action the millitary [military] force of the state to prevent encroachments upon the territory occupied by the Cherokees within her limits. The right of Georgia to the soil of this teritory [territory] is asserted and seems to be conceded. -- Her jurisdiction both civil and criminal has been extended over it by an act of her legislature. If then the right of Georgia to the property in this teritory [territory] be undisputed; I think the power of the executive to defend it from violent & rebelious encrochments [rebellious encroachments], altogether indisputable. Admiting [Admitting] it to be the property of the State, each citizen of the state, has a certain interest therein, which though not meted out to them, is yet as perfect as if it was; except that no citizen can legally enjoy his interest only in such manner as the legislature may determine. The multitude who have embodied themselves upon this territory most assuredly have not the least sanction of law for their conduct; and not at all can they justify themselves by principles of common justice; since they are appropriating to themselves that which belongs to the citizens of Georgia in common, whether the teritory [territory] be distributed as publick [public] lands heretofore have been or added


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to the State funds. Looking at the subject as I have & believing that these trespassers are violating the laws, abusing the principles of common justice and setting at defiance the legally constituted authorities of the land, I can not view them in any other character than insurgents; as much so, as if after their lawlessly embodying themselves they had plundered the States' Treasury or their neighbours [neighbors] of their goods, all the time standing out with irresistable [irresistible] force against the officers of the law.
If my premises be right the conclusion easily follows, that the Governor has the authority to call forth the militia to put down this lawless band.

I am very respectfully your obt. Servt. [obedient Servant]
[Signed] Richard L Simms His excellency George R Gilmer





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COVINGn [Covington] Ga
AUG 17
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10

His Excellency George R Gilmer Milledgeville Georgia

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Richd [Richard] L Simms [unclear text: Solr. [Solicitor] ] Genl. [General] Covington
Augt. [August] 14 1830.