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Untitled - the Digital Library of Georgia

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GEOEGIA AND GEORGIANS 567<br />

been sufficiently long, and adopted <strong>the</strong> course <strong>of</strong> conciliating <strong>the</strong> State<br />

in order to secure <strong>the</strong>ir liberation. They informed <strong>the</strong> Attorney-Gen<br />

eral <strong>of</strong> <strong>Georgia</strong> on January 8,1833, that <strong>the</strong>y had instructed <strong>the</strong>ir counsel<br />

to prosecute <strong>the</strong>ir case no fur<strong>the</strong>r in <strong>the</strong> Supreme Court. Appreciating<br />

<strong>the</strong> change in <strong>the</strong>ir attitude, Governor Lumpkin pardoned both <strong>of</strong> <strong>the</strong>m,<br />

January 10, on <strong>the</strong> same conditions <strong>of</strong>fered <strong>the</strong>m some months before,<br />

and ordered <strong>the</strong>ir release from prison. Most <strong>of</strong> <strong>the</strong> people <strong>of</strong> <strong>Georgia</strong><br />

approved <strong>of</strong> <strong>the</strong> pardoning <strong>of</strong> Worcester and Butler, but <strong>the</strong> Governor's<br />

action found many critics among <strong>the</strong> ultramontanists. The attacks upon<br />

Mr. Lumpkin grew so strong that in view <strong>of</strong> his prospective candidacy<br />

for a second term as Governor his friends saw fit to publish <strong>the</strong> various<br />

documents and considerations which had led to a release <strong>of</strong> <strong>the</strong> two<br />

missionaries."<br />

Having asserted jurisdictional rights over <strong>the</strong> Cherokee domain, it<br />

next devolved upon <strong>the</strong> state to make a survey <strong>of</strong> <strong>the</strong> Cherokee lands;<br />

and this course was urged upon <strong>the</strong> Legislature by Governor Lumpkin.<br />

Accordingly, under an act approved December 26, 1831, all <strong>the</strong> lands<br />

lying west <strong>of</strong> <strong>the</strong> Chattahoochee and north <strong>of</strong> <strong>the</strong> Carroll County line<br />

were divided into one great county to be known as <strong>the</strong> County <strong>of</strong> Chero<br />

kee.*<br />

But <strong>the</strong> next Legislature subdivided this area into ten counties, to<br />

'wit: Cherokee, Cass, Cobb, Floyd, Forsyth, Gilmer, Lumpkin, Murray,<br />

Paulding and Union. Cherokee memorialized <strong>the</strong> nation which was<br />

soon to be deported to <strong>the</strong> far West; Cass was named for Gen. Lewis<br />

Cass, <strong>of</strong> Michigan, <strong>the</strong>n a greatly admired leader; Cobb was named for<br />

<strong>the</strong> late Senator Thomas W. Cobb, <strong>of</strong> Greensboro; Floyd commemorated<br />

<strong>the</strong> services to <strong>the</strong> state <strong>of</strong> Gen. John Floyd, <strong>of</strong> Camden; Forsyth and<br />

Gilmer honored two distinguished governors, John Forsyth and George<br />

E. Gilmer, <strong>the</strong> former <strong>of</strong> whom was also United States senator, minister<br />

to Spain, and secretary <strong>of</strong> <strong>the</strong> treasury, in two presidential cabinets;<br />

Lumpkin bespoke <strong>the</strong> state's admiration for its chief executive, <strong>the</strong>n<br />

in <strong>of</strong>fice, Governor Wilson Lumpkin; Murray was given <strong>the</strong> name <strong>of</strong><br />

a popular citizen <strong>of</strong> Lincoln County, Hon. Thomas W. Murray, for many<br />

years speaker <strong>of</strong> <strong>the</strong> <strong>Georgia</strong> House <strong>of</strong> Eepresentatives; Paulding was<br />

named for John Paulding, one <strong>of</strong> <strong>the</strong> captors <strong>of</strong> Major Andre; and Union<br />

was so named to commemorate <strong>the</strong> strong national sentiment which pre<br />

vailed among <strong>the</strong> <strong>Georgia</strong> mountaineers in <strong>the</strong> days <strong>of</strong> nullification.<br />

These lands were still occupied by <strong>the</strong> Indians but <strong>the</strong> surveyors were<br />

never<strong>the</strong>less ordered to proceed with <strong>the</strong> work <strong>of</strong> running <strong>the</strong> various<br />

county lines. We reserve a discussion <strong>of</strong> what followed for a subsequent<br />

chapter.<br />

This Legislature also created <strong>the</strong> Cherokee Judicial Circuit, <strong>of</strong> which<br />

Hon. John W. Hooper became <strong>the</strong> first judge.<br />

Under an act approved December 18, 1833, a new county was cre<br />

ated out <strong>of</strong> Murray and named Walker, in honor <strong>of</strong> <strong>the</strong> late Maj. Free<br />

man Walker, <strong>of</strong> Augusta, a former United States senator.<br />

Political sentiment in <strong>the</strong> nation was beginning to divide upon a new<br />

issue—<strong>the</strong> tariff; and its differentiating effect upon party alignments<br />

was strongly felt in <strong>Georgia</strong>. To encourage manufacturing enterprise<br />

* Acts, 1831, p. 74.

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