The Louisville gazette. (Louisville, Ga.) 1799-1800, February 05, 1799, Image 3
_ ojp'r-C'c’n/ tV, c-orf-r.
* H , „ c if-or« of one. fro-n tht.r
J ,;,.' t, vriminali ot the b-ghtft it'
'""'it’hc United Siatei. to gr»-ify
‘r*-whim or crprice of a m
X... . who. not content wfh llm
. '' ... has wilhed his roeo to difijo fc
•» Imif". »«d >» nt;.(Ticre
, t innocent mbabi anu of tin. Date.
The namtortH.onic-r (bond be known
j„ order that jait ce be obta.ned, the
ra oer. marked No- .0, »'ll potnr at
Lu : enant colooel Ganher a. the officer
rharfred by the vlr'^ ooB fl,Daitern fr {l > r
M’Ca'l 1 have » raufmt;ed thole
eharaea’ a. well aa the refeue of colonel
Gaither fro™ «1>« c,v 1 P w " of ‘;' f
S'ate the ffieriff of Hancock, to tbc
fccrei’arv of war, for tbc rurpofe of
obtaining f.tVaflion, and of p-ov.ng
the moderation of the ctuaen. of Geor
The treaties of New York and Cole
raine whti the Ctcek trrbea are afo
grievance!.
The TaHeffcc ccun’y is the property
of thi State, and within her ordinary
jurifdiaional bounds, under every p-in
cipleof public and cnnftitUtioual faiih ;
cot only M.ffn. Humphries, Griffin
and L ncoln reported fo, but a lo Hodor
White, another federal commifiioncr,
fome ycaia before their depura ion
acceded to i he bounds, and was prepared
to run ihe lie: including that county, |
agreeaHy to the treaties ot GalpLinlon 1
and Shouldtrbone.
But we mult not raftty fuppofe on
tVofc acrouns t 1 at the United Siates
will not do us jufticc—The report of a
comn.imc nf tbeir boufe ofrepnfcnta
t v:s marked No. 11, evinces feme
feiious iurentino of uttering i r , as in
jufti.c it ought to fc, to the State, and ;
we have ualon to bel eve, from the
agent’s fe r let No. 12, that the executive
cl the Union is lavouraMy inclined to
procure for us the pa'Sdife beyond The
Oconee. A powerful reefon for the
fuppnfuion of our foon ob alning it, ie
the 22 1 fedion of the Ift article of the
constitution, giving power of fa’e of
our western territory to the westward of
the Ciiehouchie• river, to the United
B ares. You will, no doubt, attend to I
Ibis important bufintfs, as w.ll as the
duty the constitution impofes on you,
cf pioviding for a return of the YaZoo
depefic. It must cot be from hence
inferred, that 1 agree to the propriety
or constitutionality of the United
btatce esiablilhirg a government within
the bound! claimed by Georgia with
out her previous confcnt, or a prior
investigation of right ; my opinion is
that no Mice of land on rhe M-ffif
fippi, north cf the thirty first
degicc cf latitude, up to her pre
fent constitutional northern limit!,
will he valid without the confirmation i
°f the State of Georgia—For the
United States in ibeir treaty with Bri
lam of 1782, must have claimed under
luc authority of Georgia, or of South
Carolina ; and wlnchfoever of them it
was, it made no material difference ;
and the lame claim must have been
renewed in the treaty of 1795,
ppa n ; If under that of South Carolina,
it wag relit quifhed by the convention of
SUiu.ort between the two States, to
Georgia , and if claimed under tbc
right of Georgia; no question can be
euterta\ied of her title—The dignity
justice of the United S ates must 1
compel them .0 accede to this / for the
c aim might have been made by
the Uxitcd States to the State of Tc
neflee, whtch the £/nit c d State! acknow
J gfd the property ®f North Carolina,
y their acceptance cf her ccfiion of it.
let, notwithstanding this, I do not
. C Uatc 10 declare, ilia* I believe it
, Cr “ ,r °nrfclvis, and far more profi
a e or fuccceding generation!, if we
p. n ootain the lands on this fide the
to lei the United S ates
3VC 1 c rc,n aining territory at a mode
compeofation, than to part with it
dJH mUCI ‘ I?rgcr * urn to individuals,
■ ,c c °nßtif Htion peimit it.—ln the
mcr ca e, our children would come
CI,, " M of the halted Slate,
could puicMc the fee fiaple oa com
mi tsmi with Olliers, .nil raatntal|
their tndrprndrut chandcrs ; wSi'sj!
ihc rr.otiiea obtained from the fale
wnu'' 1 , no doubt, be appropriated tr
pay the d«-bt of the £/uion, which we
must bear a portion nf ; and thus relieve
our fellow ci.izens from taxau* n. On
the oilier hand, fnch an immeitfe ttrri
tory in r hi hands of a few lordlingl,
would render onr children tenants at
will ; for the time musr, and will arrive,
although we may have elbow room for
our piefent population, when our def
cend?nts must emigrats, and fuiure
generations in iuch c»le be bound to
curie the avarice cf their ancestors, who
entailed & ilavilh industry on their
posterity by the faic of their birth
right.
Among the other duties afligned
you by the coi dilution, ihal of moft
confequence, and which will require
mu h of your attention, will be the
revifion of the judiciary fyftero, in
order to adapt it to the conftitu tonal
arrangement—-To diffribufr juft ce fne y
wi'hout denial, and promptly without
delay, is among the highelt attributes of
government. The duty of the leg fla
ture may be herd uchtd on, as to (he
rev fion of the laws of the State in gene
ral and the ccmpTat on of its coi’e.—
In vzm are laws made, if not exei.u e. 1
or if kept from v ew, and unfortunately,
1 thole of th.s State of a penal raruie in
' particular, commonly 100 hard and
Uvere in the most moderate governments,
are femetimes not known to the cnmi
nal until the olfvCce i| committed, and
fcarcely from their featured fimaton,
and their being nearly cut of print, to
the judge, unt.l the time oftial. Some
of thofe laws palled under the Bn'tifli
government, xlthough made of force
by the adts of the state, are not to be
found among the records, and a few
printed copies only throughout the |
whole elate. An ad to prevent the;
e'eahng near cattle, pafltd in fheth'r j
fetntb year of George the Third, 11
anung this number, although the
pun fitment ie feverc in the first in fance,
and for the fccoud offence d alhia
a judged.
I it is afccrta'ncd in fome of cur
Grier star-8, that fangu nary laws do
not eft dl the objedl of the legilUturc
in reetraining crimes, and it w uld
be happy for fociety, if fome mode of
punifbment, ether than the (bedding of
human blood, could be deviled in this
etate, more certain ct producing fiucere
repentance, and more «ompatib!e with
.he divine piecepts. Perhaps you may
not be able to make all the nectary
provifiocs for thofe objects during the
preltnt ftftion, but to put them in Ira n
will be a grateful ad. . 1
How this (late has fullered from the
rugbd of literary eftabl.fhmrnts, I need
not infotm you. It can be proven that
Georgia, during the revolutionary war,
101 l more weabh, and fhed mote blood,
indefence of the Union, in proportion
to her numbers, than any other ftatc ;
but what advantage his fhe derived from
her exertions? T he want cf a dalhcal
hittor an Las’ buried her greateft efforts,
whiilt the literary eloquence and histo
rical la’cu'o of her neighbour, have di
vened into tbc chancel of her own
praife. thofe very, adions, which tbc
order of merit, in justice, oibcrwile
must have attached to the reputation of
Georgia.
There are other parti of the const!
tut'oti icquiring your corfideratioo,
which yoOr vigilance will, no doubt,
notice, without my obferving on them.
The great objed of apportioning the
reprefenution, will early claim your
attention. From tbc returns of th»
adjutant general, of the effedive militia
ot the state, it appears that our popu
lation Las very confiderably iocrcafed,
fincc the cenfus was taken in 1791 - Our
tffedive militia force at that period, did
not exceed ten tboufaud men, it now
exceeds fixteen thoofand, and is rapidly
increafing by caiigntions from every
quarter of the union. Having, through
the divine favor, continued entirely fice
from the cruel pestilence which has fo
repeatedly v.fiicd our not them and toid* 1
ole fit'ff th? unfavorable im •
prcffion, fo strongly incu'cated on lb t
(minds of their citizens, of the climate
of Georgia, >9 faac wearing off, and
nr.any of their merchants and artifant,
have already extended their r'ewi to a
permanent fcnlcmeot among us.
The pipers marked No. 15, are com*
, mun'caiioo* from the governors of Maf
fachuf its and Conoedicut. rc ! at-vctoa
propofed amendment to the conititution
of the United States. Agreeably to
their request, I lay them before you,
and lubrnit the p*op icty, or impropriety
of its adopti r,
i The papers marked No. 14, exhibit
■ to you a charge against an officer of the
United States galley, for landing his
men to take a cit zen under the fed'ttoo
ad of the United States, as thft officer
is fald to have declared, by order of the
1 fccrcta r y of (be navy department. AI
■ though I cannot btlieire the fccretary
ever iffued fuch an order, and forbeat
ro comment 00 ibe prrpricry of the law,
I cannot help obfcitfng that an attempt
of this nature, by a military or naval;
officer, in z p ace where the law is open, 1
and the civil magiltratc bound to take
cognizance of offences againff the union,
*s not only oppofed to the conltuution
of the United S atep, but tends to foment
jealcufies id fared to nur prefc-nt fftua
lion when unanim ty is fo ncciflary j
and whilfUil imprtfl'es the idea of op
ptefih-n, inffcad of that protedi n which
I am cenaio the galley was intendrd for,
operates to awaken appiehcnfioni of an
ad, fuppoftd by many not to be confti
tutionai, and declared by a la c envoy
to France, high in the citcero of the
union, to be impolitic and unnectffary.
A communication from the fccrctary
of the ft ate of Kentucky, by order of
the governor, accompanying certain
rtfoluncns of its leg figure, ou the fub
• jed of that ad, and the alien law of the
{Anted Siates, agreeably to his rcqudt
arc herewith fubmiticd No. 15,
Gentlemen of the Uoufe of Hefre/enfjtlvet,
The uluti ftitement of warrants drawn [
on the ireaiurcr b> the cx-cutivc, is here- j
wi h communicated ; by which it appears (
that nine ihouiand three hundred and thir
ty lix dollar* ten cents have been drawn
(or the civil cllablilhmcni of 1 yc y 8 ; four |
ihoufand two hundred and thirty-three ■
dollars thirty-four cents on the contingent '
ft nd of 1798 ; eight r/ionfand two hundred
and forty-nine dollars fifty one cents fpc-
* - - / - i
cia! appropriation of 1798 ; twi thoufand
and (evenly-(hi cc dolla/s one cent IpccinJ
appropriation tf 1797; for*t> •«£»x dollars
thirty-five cents fpeuat appropriation cf
1796 ; and twelve hundred eighty-five dol
lar* feventy-one cents fpecia. approprin
ti n of 1795 *, rn iking in the whole amount
of warrants drawn by the govern* ton the
treafurer, for the poll ical year >798, the
fum ot twenty five thoirfand two bundled
and twenty-f ur dulla-s two cents. JKxclu
jlivc of the be lore going wa-rAtelo Jhe
I funds of the Hate, wan ants n
[on the Yazoo depolit in favour of Jim
Whiney, fer one hundred and forty-one
d bars one tent • of 1 hi mat johnfon,
agent for S ephen Files, attorney for John
d, Girardeau, for (eventy dollars ; ol 1 he
agent lor Stephen Files, attorney t r John
B. Girardeau, lor 01 c hundred and Unity
eight dollars rlf . cn terns , and of 1 homas
johofi'D lot two hundred ana twenty-nine
dollars fixly cents.
The tnarge on the contingent fund hat
been incicaled, by the incidental expcuces
attending the Convention, and the difeharge
of :hc falary of the comptroile r general,
cntitcly overlooked in the appropiiatidu
aw of the lafl feilion. But noiwithltaiuj
ing this, and the pay of the members ol
that b «;y, under the appropriation for that
purpofe, the revenues of the hate have
been adequate to every tall of the govern
ment.
1 he United States having at length pro
ceeded to dirctf taxation, it may be ncccf
fiiry to reuuec the flate tax, on the article*
o t property corning within the defeription
of their law ; but would it not be impo
litic to relirquifh the idea of a date lax on
tbe.fc article* altogether ? For perfons who
do not complain of an accultorncd tax, if
not oppreiiive, arc apt however, to con
lidcr the lighted impolition of it grievous,
after its b.ing once relinquifhed. -Among
other rcl’ources in tlic power of the Hate
jor a retort u>, 1 recommend to your con
lideration, an efeiu-at law, as not only jutl
in its principles, and profitable to the com
munity, but as injuiious to none, but a
certain dais, it fo u can be termed, wh
under the charter of a 'miniftr ators, graip
at eftates to which they have not the (mall •
ell pietenlionr. Pet ions dying i.iteflate,
and without heirs to claim the pioperty
they have acquired, mull be luppufed to
icicnd lb-l the fU-c, under whofc law*
that property wu ftroteftfd. fhouM Inherit
. it. Many llatcs in the Union, derive a
handfomc revenue from law* of this na
ture, and on thcopeiation of a law ot thi*
kind here, conliderahle lums and large pro
perties will he found in the hands of sndi
vidudt, to whom ihcdeccalcd perfoni they
belonged to were nn'tner indebted, nor
ob'iged by their civilities, and many nor
even known by them during the enurfe t,f*
their cxiHcnee, and whofa memories w«ie
only retained to lecure the plunder of their
eftnten
A very conliderahle arrearage of tax yet
remains in ihc hands of former collectors,
which under the prelent mode of fate, can
not he procure I from them. A termer
collector of Franklin county, who hat
m dc de'ault of payment ft) the amount of
e : ght thoufiml and hundr ds ot dol
lars. pollellci with hi* fecuriue-, an lm*
menfe nuimer of trafls of land, wh th
have heen feized, but cannot be fold, s nth
out au utter I Is to the (late « f nine-tenth*
of the Cu-n due ; for fhouid a laic taka
place in Frank in county of th> le lands,
the amount which they wou d he bid off
for, would little more than pay the expen
les attendi g it ; this has been afeertainrd,
and I have been under the nccellity ol put
ting a flop to the fair, er of at Icaft not
ccnfuiing its delay, until your deliberation
c mid be iiad : it the powers n| faic, in
j luch cafes, arc left to the executive <ii*ec
! tion, 1 have no doubt hut the hpdv fet up
in Savannah, Louifville ot Augut'a, would
Iccurc to me hate her full demands
Some attempt have heen made to draw
the hate i»>to a court of law, to decide the
legality of the trcafurei** executions \
alihough tliofe attempts by collectors,
have buheno failed, it would be well if
the legiftature would be more decided on
ihi*ioinc,as well a* on the power of th«
trealurcr over the fherills ; in fuch cafe!
only, where from their neg;r ft or refufal to
execute his executions ag inll defaulting
collectors, the Hate mghl fefter in her
revenue. I here again beg leave to drzwr
your attention to the duties ol the cOmp
troller-generd, wh'ch may he beneficially
extended to a chaigc o\er the hate finance#
generally.
A new fpecies of fpeculatlon feeml to
h.'.ve taken place, in fomc counties ; large
trafts < f iatd have been Id for half the tax
due on thrm \ the land Commonly was bid
mlor the oiigmti owner, and thus ofcourfe
one half the taxes clear gain to the de
faulting citizen.
The ilcps 1 have taken to prevent this
tax fpeculatlon wid bo lound in the paper*
marked No. 16, which 1 hope will meet
your approb .lion. It is not juft tint the
honeft citizen fhouid fully contribute hit
quota, whllfl. the defaulter irom et her «hi
imbecility of the law, or fuperior cunning,
can evade his proportion. Some trafts, **
you will find by the papers marked No.
17, have been purchafed in by the date,
remain lor your difpolal.
Gentlemen of the Senate and Houfe of Jtejirf
I jcntativtSf
1 I have ircfpafTcd fo much on your time,
[ that, although there are other important
[ matters to which I could draw your alien
, tion, I lit *ll decline doing fo at iheprefent
moment, and communicate them to yoa
Irom time to time during the felllon,
I will there*' tc only add my congratula
: tions to you, and otir fellow-citizen* at
1 large, on the olcllings of peace and health
whiJi we have huhei to enjoyed. B’efli'g*
which fllould they, through the divine
g todneli, he continued to us for a fewr
} c-tri, will rank this (late among the
vreaitnied and mod important in the Union*
Our increalmg llapleij p irtifcU arly the ar»
iic• cs of tobacco and cotton, will (oon
enable us n«t only to (apply the conlump
tton of our liflci fta'es, but to carry on a
iaige foreign commerce. But fh uld the
c»erti c n» of the general government fail in
the continuance of peace, and to * v 'Crt,
that wOrft o( all human fcourger, W AP %
i am well ai med, that I canall->co gratu
late you and them, on an university of
(•miment on one g r cat point * To meet
that evil with firnmef* and dcicimiuanon
in defence of their common country.
Aflcrtioiis, indeed can etfily be made tr>
the contrary, and (uth have found theif
way into fever<l pa ers ol the Uiiion j but
neither truth nor policy warrant the re, rc
fentation of Gemgia on this point, as a
divided people —lnte«c(l from our more
cirpolcd fiiuation, and duty a* oi.e |< f the
pillars of the federal Fabric, whiifl we
watch with a vigilant eye over our own
conllitutional rights, command our exer
tions, in common with our liner itates, to
preferve the Confederation, and toremein
bar that, ai ftates, we are children of the
fame great family, and ‘hat however indi
vidually we may differ in fenttment on
fomc points oldomcftic arrangement, that
no one ofanother boule has a fight to inter*,
fere in our family
1 AMLS JACKSON.
Executive Department , btate Houje ,
Lwijvilliy January I7V9*
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