The Augusta chronicle and gazette of the state. (Augusta [Ga.]) 1789-1806, July 31, 1802, Image 6

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•>, -■ IMPORTANT DOCUMENT. # From the Kentucky Palladium, Wc have been furnifficd with the fcl-0 lowing important document by Lon. John Brown. Ky'it our readers will be enabled todifeover the motives which ac quired the American government in ne gotiating the convention with Grcat-Bri tain, tor the payment of 600,0001. Iterling, in difeharge of all claims which might a. rif: under the 6;h article of the treaty concluded by Mr. Jay. It will be Teen by this convention, the United States arc rexonerated from all responsibility for up wards of 5,000,000!. llerling, which Blight have been claimed under the said 6th article of the Briiilh treaty. The rcfolutions of the board of com missioners, under the 6th article of Jay's treaty, embrace the following propofiti. ons, as appears from a letter from John Reed, jun. agent of the United States, to the attorney.general, dated the 2y.11 April, 1802 : lit. That the laws pruTed by the Hate of South-Carolina, generally called in- Jlalmeat laws, arc lawful impediments .\ titbit#the meaning of the 6th article of the treaty of amity. id. That certain laws in the date of Virginia, the., period of whose limitation dl l not expire fill after the peace, and which were ttftcrwards continued in force, operated as lawful impediments, within the meaning of the treaties, unless the i nited States can (hew that the delays, • loss of value and security, were occasion- Vd by other caufcs, which would have c q ialiy operated had not those laws existed 'luce the decifron of the quedion refpert ing war-intcrcd. This rdolution (lands unafTcded by the proviso, in all cases, ex cept when the debtor can be proved to be infolvcnc at the peace, which is a good defence agalnft the claim. 3d. Thar intcrell during the war is to be paid in all cases, except when it is not ’part of the contract, or there are fpccial drcumdanccs in the case. 4th. That the difference between the value of payments in paper money, ac cepted by the creditors or their agents during the war, and the ftcrling value of the money in which the debt was contract ed, is a loss within the meaning of the treaty of amity. sth. That payments into the treasury, ns loan offices of the dates, during the war, are lawful impediments to the reco very of debts to the extent of such pay ments. 6th. That creditors are not required (0 proceed in chancery, or otherwise to iet aftdc conveyances fraudulently made by their debtors. * 7th. That creditors arc excufcd from bringing fairs ssw, for the recovery of debts tor which compensation is claimed. Bth. That creditors are not bound by the treaty of amity to prove the solvency of their debtors at the peace, but the U. nited States are to prove their insolvency. 9th. That claimants attainted of high trdufon, whose debts were confifcared tor crimes, and who, deferring the American fide, joined the British, and continued on ■ that tide until the peace, are creditors wi’hin the meaning of the 4th article of the treaty of-peace. • A recapitulation of the amount of each yejeription of debt, which would rtfult from the principles adopted by the board, • <r/» made by Mr. Reed, and including • •tierefl to different dates within the year . I^9B. THb intcrell during the £. t. d. war alone, 120,645 11 For payments into the treasury and loan office, 171,797 00 6 £ For impediments by inftalmtnt laws of S. Carolina, 357,868 a 6 For alledging unlawful decisions of courts, 24,658 4 By firms, in part citi 4cns cf the U. States, 162,483 12 4-i Debts due from dates, late provinces of the U. States, 4)838 14 All deferiptions of re fugees, except North- Carolit.a, 753,182 4 i\ Debt difeharged in de preciated money, 205,795 J 5 5i Proprietary debts, 296,775 13 8 Legal impediments ge nerally, 3j5 60 »5 8 5 10 4 I Total, fterlmg, £.5,638,621 8 1 Dollars, 24,309,969 37 Claims to compenfatiorf for spoliations, preferred under the 7th article of the Vlfeaty, amounted to one million two hun ted and fifty thousand pounds sterling. r* CHARLES TAIT, Esq. Jugde would-be, HAVING observed in the Aug aft a Chronicle of the 3d inst. a publication un der your signature, wherein you have base ly attempted to traduce and arraign my character as a public officer; in doing this you have produced two affidavits, up on which you found your charges, and by which you mean to prove that I have ail ed corruptly in office.—You ought at least to have informed the community at the fame time, that an invelHgation had tak en place before a very rcfpedable grand ju ry of Oglethorpe ebunty on these affida vits, and the opinion of the Judge, tak en in open court, as to the propriety of my condud as Solicitor-General on that occasion, and that the attempt to have me ptefented by the grand jury, had been meanly made with a view to prevent mv election as solicitor-general lait fall, (I do not mean that the attempt was made by any of the grand juiors) and that the 11 mgs of disappointment were kill felt. I have therefore thought proper to prove the propriety of my condud: cn that oc casion, by publilhing the two following certificates of the only two grand jurors I applied to', deeming it unneccffary to procure others, as the ttanfadion had been of Such public notoriety, and had been publicly decided on in open court, which the following certificates will authenti cate : *' Being called on by Peter L. Van A- Icn, Esq. 1 do hereby certify that i fubferi bed my name as a jullice of the peace to 1 two affidavits of Charles Stewart and -Mid. dleton Brooks, the one dated 18th March, 1 80 1, the other 19th March, iSoi, at which time 1 was also one of the grand jurors for the county of Oglethorpe ; I do further certify, that after the said affida vits had been considerably canvalfcd, Mr. Van Alcn, the solicitor-general, was de ft red to conic into the grand jury room, that he Hated to us that it was the practice, and he had frequently done it, when there was an impossibility of conviction, not to trouble the court and jury with the case. I do further certify, that I believe it was the foreman of the grand jury, David Creffwcll, Esq. and some other of ifie*" grand jurors, were authorifed to Hate the case to the court, and take the judge's o pinion, which was done, which, together with Samuel Patton’s acknowledgment to me that he had authorifed the taking cf the said money by William Patman, was fatisfadory to the grand iurv. WILLIAM STROTHER. 13th Julj, 1802.” “ The above certificate is just and true, according to the bell of my knowledge and belief, and that lam willing to be qua lified to if required. W. Strother.” " Being called on by Peter L, Van - Alen, Esq. I do hereby certify, that I was one of the grand jury with William Strother, Esq. in March Term, 1801, lor the county of Oglethorpe, that two affidavits of Charles Stewart and Mid dleton Brooks, referred to in Win. Stro. ther’s certificate, the one dated 18th March, 1801, the other 19th March, 18ci, which laid affidavits were introduc ed into the grand jury, and after the said affidavits were considerably canvassed, be fore the grand jury, Mr. Van Alen, the solicitor-general, was desired to come in to the grand jury room, that he Hated to us that it was the practice, and he had f}&- u quently done it, where there was an im possibility of convidion, not to trouble the court and jury with the case. Ido further certify that David Creffwcll, Esq. foreman of the grand jury, together with some others of the grand jury, were au thorifed by the body to Hate the case to the court, which was accordingly done, which appeared to be fatisfadory to the grand jury, of the propriety of Mr. Van Alcn's condud as solicitor-general. I do further certify, that it appeared to the grand jury that Samuel Patton had anthorifed William Patman, his neighbor, who went with him to Lexington, in case he the said Patton got drunk, to take the money out of his pocket—that Patfon got so drunk at Lexington that he was speechless, and in that Htuation Patman, as his neighbor, and by his request before he left home, rook the money. HUGH ECTOR. 14 th Julj, 1802.” “ The above certificate is just and true, according to the best of my know, ledge and belief, and that 1 am willing to be qualifitd to at any time when required, . ‘ Hugh Ector.” You have then exhibited to public view two affidavits as evidences of my corrup tion, and ill addition you Hate that I sup plicated the grand jury to fparc, me in their prefentmems lor mal-praCtice in of. lice. Now you mean and fcafe v you knew that the grand jury were in full _ poffidlion of those affidavits, and ailed upon them. If I am corrupt, the grand jury must be equally so according to your pofuion ; and if they {pared me in their preferments on account of my supplicati ons, as you meanly infmuate, they must cer tainly be perjured, and be as corrupt as myfelf because they had taken a solemn oath to present all things truly that should come to their knowledge, without ftar t favour , afftSlion or hope of reward. How dare you, (even as base as you are) infmuate that the grand jury were aCluar. ed to fparc me from corrupt motives, or do you conlider every; person as great a v as yourfelf? It is well known that ~ the members who cempofed that grand ju ry are men esteemed and rcfpciftcd for their honesty and integrity, and who were ac tuated by no other motives than those of jafticc. Those circumftanccs were as trell known to you as to your fccrct adviser and director ; and who makes use of you as a tool, with a view to {brink behind your publication, although his own pro duction, with the Angle exception of your signature. In one of yOur affidavits it Is stated that William Patman was delivered up by his bail,-if so this must have been in open court, as there could be no other delivery. The bail then of course was entitled to 9f Jaisbond, and where was the neceftity for any secrecy, as has been meanly infinuaf cd by you ; those charges are so futile and inconfifteut that they doftroy them fclves. It is well known that 1 frequent ly occupy the place at the window, and on the lame bench with the judge, to do public buftnefs, for the want of room at the bar. The window, the most public of any, facing not only the public street, but a publichoufe, also within 8 or i o steps from it; and as to the delivery of the re cognizance by the magistrate to the Hate officer, it is customary to do it any wheie. 1 had then no other motive to decline carry ingon|theprofccution than being convinced from the faCls contained in the certificates ■%f Mr. Strother and EClor, together with » • 7 ts) ..the lad that Samuel Patton was a person much addicted to liquor, and had fre quently had money taken from him in a Imular situation, at the fame place, and also Mrs. Patten having in the morning requested William Patman, when they ktc Patton’s house, in case her huffiand got intoxicated, to take his money and keep it fafe, and William Patman being a per son ot lair repute, and being apprehended and committed without the knowledge of Sami. Patton, who at the time was so in toxicated as to be speechless; all those cir cumstances combined, I deemed it then, as I would now, improper to carry bn theprofe cuiion any further against William Patman. 2 submit these fads to an impartial public. My anfvver to you of the lath May last, mutt be frelh in your rccolleClion, wherein I. ftated my opinion of your cha racter, which 5 had been rendered very conspicuous on that day, (I am Hill con firmed in that opinion) I also mentioned to you that if it was not fatisfaftory, that you might make an occafibn to do your felf jultice, you have had two fair eppor tunies to make the attempt, and declin ing to embrace either, 1 have fmee made it more convenient lor you, which the following letter, inftruCtions and certifi cate of William B. Tankerlly will prove; July 9, x See. Sir —Having already invited you in your affeCled rage lor duelling, to make an occasion to do yourfelf jultice, from which it would seem you are disposed to (brink behind an inky curtain ot fa'fe hood, malevolence and detraction, and having in vain expeCtcd a call from your, friend, I have to regret the neceftity of whetting your memory—You will there fore conlider the invitation as renewed, and least feme lalfe alarm should again drive you to the garret, I shall immedi ately repair beyond the jurifdiClional li mits ot the state, and for your better ac commodation, 1 Avail ro-morrow be at Vienna , in your neighborhood, accompa nied by a Angle friend ; any place howe ver on the Carolina ftiores will be agree able to me—The weapons and mode of warfare, {hall be of your own chooling— If you are a man of honor or spirit, prove it. This will be handed you by my friend Mr. Tankcrfly. peter! L. VAN ALEN. Charles Tail, Efj. Dear- Sir—ln yourvifit to Mr. Tait, you will have the goodness to con sider your million as circumscribed within the limits of my note; no equivocal or inky negociatian can be admitted at this crifu; | P r “J* t:,lie * P la “> arm, and J, 4 warfare , conllitute the objefis .r °‘ miflion, from which I have the full ft r fidence you will not fuffcr yourfc'f tv drawn either by artifice or cowardk ° i hc wants time give it to him I your fervanr, - lua *i PErER L * VAN ALEX July g, I^Bo2. W. B. Tajjkersly, Esq The foregoing i,,,,,* copy of, delivered by me to Charles Tait fr and at his own houfc, on the evening the gth inst. and of the written ons which I had received from cant' V.'* Alen on ttm cccalion. Mr. ciining to give a definitive time, place, weapons, &r. I left y : telling him at - the fame time, should icmain at Mr. Cook's (within, mile of his honfe) that night, and, i n con* fortuity to the note I had delivered him*' be in Vienna the next day, here w® ’ might be found. Accordingly capt. Van \ Alen and myfclf set cut early the rx' x ' { j morning for Vienna, arrived there be,' tween eight and nine o’clock in the fo«V noon, and remained until fix in the even* ing, • without having seen or heard from Mr. Tait, In addition to the* written \ intlruftions,, 1 had been exprcfsly charted 1 by capt. Van Alen to remove every dim culty which might be set up, cither as"?? time or place, and to accommodate Mr. Tait on either fide cf the river, or even in. his own yard if IfVwilKed jj. J Wk. b. tankersly. July ij, 1802. 1 have thought proper to ;;'ve t!” a. bovc tranfaftion ' publicity, to convince you and your friends {fo.hc of whom areal, ready toofcnfihle cf i:) that my dcciirdn*- to meet yeti as a gentleman, arose frotj no ptrfonul bear, but iiom the dtfpicalle situation in which your charatlcr had been placed by a dccilion of two judges cf the superior court, and also your acting in a fubordaiate capacity, and under thonfk., ence of thofc who it is well known tiwld life of you as a loo!. Your cha rafter has been omitted in this publication for the want ol room. P. L. VAN ALEN. Wilkes , July I ~J, t So 2. PROSPE c r u s. THE Subfchbers having dctcnr.irtd to cfiabiilh a republican newpfaper it Savannah, date of Cemgia, offer to the conflagration- of thd public ibt following Conditions; I. The papeV shall by cnti'lcd f( Georgia Ttepidliccin; cr, State Inhdngeaecr” 11, It (hall twice a week, on paper oya Vood quality. aid a type fair and lygibleX The faeot Hull bs as large as £uy noA printed ia that Bate, J \ 111. Th j price of (heVpapcr will be fix dollars sJytiX, paid lialryn advance, IV, M)VERTX3EKIENTS\wiii be ia> ferted aythe price. cufiomaiy w Sasaa*. nab* / * # yTHE publication shall coctnccci by th€ fir It of July next, THE principles which will guide theE* ditors of this paper, are thole lor which J Sydney and a Hampden pciilhcd; which produced the immortal Declaration d American Independence; which fcpp° :t ' cd the patriots of our revolution tiuo'L" an eight years arduous war, or hd thto nobly,to die in defence of the liberties o their country ; and which were u-s h-‘ rt J cd in the election of our prefect |cd«* adsniniiltation. Pcrfonal rvflcftjotw ''J 1 be Dudioudy avoided; but when the p« * lie good demands a ferutiny of characu*. they will not lliun the performance * duty. t They will endeavour to diffak inatiouon ail fubjeds iuterchtng io^ ! ‘* culture, commerce, manulaftures ur * Ci * cnee; whether ol a general nature* t 1 relative to the date individually. u . who leek amufew.cut, will, it find in their columns wherewita * 1 pass the vacant hour.” _ . While they will never facrificc principles, nor become numbering wa s, men in the service of the people. [ K will not Ihrink from the publicitico corrcft fafts, nor icfort to latfchoo * support of their own opinions* ‘ feelings of tjie moment tuuft pafsaw*/! but principles are eternal. . With those impreliions the patronrg* cf their fellow citizens is jefpcvHUT foiicited. JAMES LYON I SAMUEL MOiO- WnjKington City, April, i See* Subscriptions will he received A Dtnr.ii Smelt, at Augufia,