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AUGUSTA HERALD.
THURSDAY, NOVEMBER i 4l 1805.
THE Honorable the Legislature of this
State convened at Louilville, cn Tuefday the
5 r h inst. when General Jared Irwin was eleft
cd President of the Senate, and William Robert -
Jon, Cierk, Major Abraham Jackson, Speaker of
the Houle of Reprefentattves, and Hints Holt,
Clerk. After his Excellency the Governor
had been notified of the organization of the
two houses, he lent to them by his Secretary,
the following
COMMUNICATION.
Fellow Citixens of the Senate and of the House of
Representatives.
A few weeks after the Legislature had ad
journed in December lafl, I received from the
Commiflioners for opening the road, between
this state, and the state of Tenneflee, through
ihe Cherokee Nation of Indians, a Commu
nication notifying me that the road was com
pleated, so far as this slate had flipulated on
her part to perform—and I have since been
informed, that the road is open throughour,
and now uled by the citizens of both dates,
in palling and repalfing with waggons and
other carriages.
The dispute refpefting the boundary-line,
between the slate of North-Carolina, and us,
isflill unsettled—On the nth of December
lafl, I wrote the Governor of that state, and
enclosed him a copy of the aft of the Gene
ral Aflemby, palled the 10th of that month,
entitled “ An aft for appointing Commis
sioners for afeertaining and fixing the dividing
line, between this slate, and the slate of
North-Carolina, requesting that he would lay
the fame before the Legislature of that state,
if in feffioo, and informing him of my readi
ness to appoint Commillioners on the part of
this state to run the line—ln answer to my
letter he informed me, that the Legifla'ure of
North-Carolina was not in felli >u at the time
of receiving my letter, with its enclosure,
but had pafled an aft extending the provisions
of an aft pafled in 1803, fur afeertaining and
fixing the boundary line between that state and
South-Carolina, to Georgia—and that if 1
should think proper to proceed in terms of
that law, he would direct the Commiflioners
on the part of North-Carolina, to attend those
which ftiould be appointed by this state—The
aft tranlmiited contained the fame provision
which had heretofore been the obstacle to "the
running of the line. Beleiving that I should
greatly depart from the interest of the state,
were I to accede to the proposition North Car
olina, I again wrote the Governor of that
state, endeavouring to point out the impro
priety of the exaftion made by North-Caro
lina on Georgia. My letters together with
the answer thereto, are contained in packet
No. 1. —Outrages of a violent nature have
been commuted wiihin our supposed jurif
d’ftional limits of Walton County, so as to
render the authority of the state laws of lit
tle or no binding influence in that quarter.
It therefore behoves you as early as polfible, to
take this fubjeft under your confederation—
If you should be with me in opinion, that
North Carolina has no rightful claim to what
she requires, permit me to suggest the proprie
ty of your calling on the Legislature of that
state, to agree to a convention, being held by
three or more citizens appointed by each state,
to take under confideraMon the fubjeft matter
of controvcrfv and to determine the fame—
and, in the event of their not agreeing, for
them to be vested with the power of baltotting
for one or more ptrfons, not citizens »f either
liate, whose decision fliail be conclusive and
binding on both states.—Packet No. s, con
tains a copy of an address from the citizens of
V/alton County, fciiciting that I would not
accede to the views of North-Carolina, in
running the line—together with copies of sev
eral affidavits, dating the outrages above allu
ded to.
In compliance with the aft entitled, “ An
aft to compel trefpaflers on the land fouth of
the Oconee, lately ceded by the Creek Indians,
to return wiihin the fettled limits of the state,”
I iflued my proclamation bearing date the
twenty-seventh day of December lafl, requir
ing the commanding officers of the regimental
diftrifts of militia, oppeflte the land, to em
ploy persons to make lifts of the citizens of
this state, who had become trefpaflers thereon,
and of other trefpaflers not citizens of this
state, who should refufe to abide by the re
quifitiens of that proclamation, and tranfmi:
the fame to be of file in the Executive office,
for the purposes contemplated by the said aft
—Packet, No. 3, contains a copy of that
proclamation. No lifis having been trans
mitted me, on the 15’h of May, I wrote by
express to the commanding officers of the re
giments before mentioned—Packet, No. 4,
contains a copy of that letter, with the an fivers
thereto, which will point out to you that no
measure, was left undone by me, to have the
aft aforefaid carried fully and completely into
effeft—You will fi.id in one instance only has
a return of the trefpaflers been made as the
I law required; but in every case, where a per
son has been uamed a trespasser, and has been
aifoa fortunate drawer in the Lottery, I deem
it proper to withhold the grant.
The Senate of the United States, having
rejefted the treatv, made by the Superintend#
ant cf Indian Affairs for the Southern Depart
ment, with the Creek Indians, which went to
extend our boundary to the Oakmolgee river,
rendered it unneceflary to convene an extraor
dinary meeting of the Legislature ; I was there
fore left to pursue the measure pointed out
by the aft entitled, “ An aft to make distribu
tion of the late cession of land, obtained from
the Creek Nation, by the United State Com
■aiffioners, into a treaty entered into at, or
near Fort Wilkinson, on thefixteenth day of
June, ißoa.” Several of the surveyors of the
Diftrifts, not making timely returns, of their
furvevs into the Surveyor-General’s office,
oucafianed the drawing of the Lottery to be
protrafted to the twenty-Second day of July
last—The fraftinnal parts of surveys, now on
ly remain at the difpoial of the state :—A re
vision of the judiciary system will be proper,
not only to remedy defefts which may be
found to exist, but that Superior Courts may be
held within the new counties agreeably to the
Constitution.
Ifubmitto the Legislature whether a revi
sion in our penal code, would not also be prop
er—in some cases it appears to me, that the
punishment is tco sanguinary—the cffefl of
which has a tendency too often to induce the
jury after findiog the prisoner guilty of the
crime with which he is charged, to recommend
him to Executive clemency, and which never
fails to be accompained by the humane inter
celfion of may of our fellow.citizens from the
neighborhood, where the offence has been
committed—to withhold a pardon under fucli
circumstances, mull be to suppose the Execu
tive devoid of sensibility, and regardless of his
obligation to society, of causing justice to be
executed in mercy—thus the culprit escapes
punishment.
In one instance—the penalty inflifted for
stealing cattle, is derived from an old statute
pafled in 1773. In my opinion the punifli
ment is 100 tevere, and not justly proportioned
to the crime.—Sanguinary laws are not con
genial with the nature of our Government,
and the prevention of crimes depends more
on the certainty than the severity of punish
ments.
It would be proper for you to provide ways
and means whereby to difeharge the debts due
and owing by the state, a (Utement of which
was presented to the last Legislature, by their
committee of finance, and entered on the jour
nals; and to which I beg leave to refer you—
As soon as the difference is fettled with the
slate of North-Carolina, a revenue may be
derived from the sale of the lauds in Walton
County, which rermined unlocated, after the
inhabitants fettled tnereon at the time it was
ceded to us by the General Government, have
had secured to them the allotments allowed
them by the law for laying out tiiat county.
Rrfoiutions palled by the Legifhtures of
the states of Kentucky and N<>r:h*Carolina,
recommending alterations in the fedtral con
dilution, have been tranlmiited me for your
concurrence—copies of which with copies of
rel'oluiions pafled by M*fTachufetts and Penn
sylvania, the former concurring with North-
Carolina and the latter with Kentucky in the
proposed ameadmeut will be iound in Packet
No. 5.
Allow me to fay on the fubjeft of the reso
lution of the state of Kentucky, that some of
our fellow-citizens complain of the right of
aftion in cales cognizable in the Federal courts
being transferable by the citizens of Georgia
to citizens of other date o , for the purpufe of
briging them within the jurildiftion of the
circuit court, which deprives them of the ben
efit of a Jury of the neighborhood to which
they conceive themftlves entitled, and many
of them are compelled to go a distance in
attending that court, upwards of one hundred
and fifty miles. That repeated delays are
occasioned by the lengthy pleadings of Feder
al praftice, and when decree upon decree is
had, in the circuit court, the diflatisfied party
has a right to a writ of error, triable Before the
supreme court, which writ he claims under
the judiciary laws of the United States, at any
time within the period of fie years after the
last decision of the circuit court—thereby
hanging up causes to a length of time when
the principal parties respondent may be all
dead, and only orphans left as parties interes
ted, so contrary to that excellent maxim,
which requires justice to be administered fpce
dily without delay—To fay nothing of being
compelled to travel better than fix hundred
miles to the feat of National Government,
where that sourt is held, and the great expence
in defending a suit in that high tribunal. Our
citizens conceive the grievance to be greater
when they know that the state courts are in
every quarter fully and regularly exercised,
and justice brought to the door of every indi
vidual.
I cannot omit mentioning to you the glo
rious intelligence, that our fellow-citizens,
who were lately in bondage in Tripoli, are
now free—What a fourcc of latisfaftion mud
it be, to every citizen of the United States,
to know that as soon as the information was
received of their misfortune, which made them
captives, the energies of our Nation were im
mediately employed for their deliverance
with what wisdom, which we have reason to
hope will always be whenever, occasion
may require. While this circumstance af
fords us reason to rejoice, there is another
which, if we accredit the various channels of
public intelligence, forebodes a rupture with
one of the nations of Europe. This serves
me again to call on the Legislature amply to
supply the flaie with the means of defence,
and I trust the General Aflembly will not rife
from its feflion, until provision is made for
the accomplifiimeut of so deferable and im
portant an objeft.
There are other considerations which can
not be too often brought before our Lrgifla
turc—luch as makii.g provision, where it ms y
be required, fur the education of our youth,
on winch depends the preiervation of our ex
cellent government; and for the improvement
of our high ways and water courses, each of
which has been greatly attended to by other
states, and for which the just praises of the en
lightened and intelligent of mankind, both at
home and abroad have been bellowed upon
them.
The Militia law having vested the Major
Generals colleftively with the power of de
termining on the uniform for the refpeftive
corps of Militia, I deemed it proper to con
vene them at this place, on the 19th of August
last, for that objeft ; I herewith transmit in
packet No. 6. the rcfult of their meeting.
Ia pursuance of a concurred refolutton of
the last General Aflembly, certain papers in
the treasury, to wit—Paper Medium, Audit
ed Certifi rates, Funded Certificates, Govern
or’s Warrants, frcfiJent aai Speaker’s War
ranis, See. Sec. were destroyed under the in
fpeftionof the Treasurer, Comptroller Gene
ral, and myfelf, having been firft entered in a
book provided for that purpose, as the rcfolu
tioo required.
On the 17th of last month, I had an inter
view with the Superintendant of Indian Af
fairs, who was on his way to the feat of Na
tiona! Government,with a deputation of Creek
Indians, who, he laid, were veiled with full
power to dispose of the lands to the Oa! U' lgee
River.— Having before received in fuoiunce
the above information, I took an early oppor
tunity of writing to the fecretarv of war, re
minding him of the claims of our citizens, for
depredations committted by the Indians at d':f
ferent periods, a schedule of which I had be
fore trafmitted ; a copy of my letter and his
answer thereto, are contained in packet No. 7
The warrants which have been draw n on
thetreafnrv, during the political year 1805,
yoti will finJ in packet No. 8, amounting in
the aggregate, to the sum of D. 44 564 24J
cents; D. 37,469 97 cents of which were !
specially appropriated as a contingent fund, J
have,drawn to the amount of D. 6,894 27J
cents of which D. 465 64J- cents were re
quired, by a concured and approved relolution
of the last General Assembly, to be drawn
from that fund.
The only cases of an extraordinary nature
with which the contingent fund has been made
chargeable are for the pay and subsistence of
a guard in Chatham county, to prevent the
spreading of the small pox—for the labourious
talk of arranging and tranferibing in alphebet
ical order the names of our Fellow Citizens
throughout the Hate, who were intitled to
draws in the late land lottery—and for the
expences of thrae of the commilfioners of
laid lottery, while at the feat of Government
—no special appropriation having been made
in their favor, I thought it but just to defray
their expences, not doubting but that the Le
giflrture will amply reward them for their
Cervices, which were faithfully and fatisfaCto
rily performed.
A lift of Executive appoint m-nts made
during the recess of the Legiflsture, is marked
No. 9, and will require your interference—
JOHN MILLEDGE.
State House,
Louisville , November 4, 1805.
The next fertion of Congress will be reallv
an important one—iiufineA of the utmoll
magnitude will command the attention of our
legiiluors, and call into aftion all the energy
and talents which they poflefs. In the fi.lt
place, it will be necessary to afeertain the con
dust which Spain means to adopt towards us,
and if Ills will not be ju/l , compel her to be
humble —the means arc in our power, and if flie
continues to infulr us, we trull will be exerted.
The dispatches brought on last lummer bv
Capt. D.lion, will probably enable us to judge
with refpeft to the course proper to pursue,
and develope the real intentions of his Catho
lic Majesty. The many infulti lately offer
ed to our national charafter, and the aggref
fions on our commerce, by the Englilh crui
sers, will claim attention, and no doubt excite
conli lerable warmth. In addition to these
two highly important queftious, there will be
others of more than ordinary consequence.
Perhaps Mr. Randolph may renew his motion
to amend the Constitution of the United States,
and nothing certainly can more interest the
people or their representatives, than any at
tempt to alter or abolilh this facreJ charter of
their liberties The Official account of the
victory obtained at Tripoli, and the Gtuatton
of affairs with that power, will probably not
i>e known until the meeting of Congress, and
then we may expeft a complete developement.
The fclTion commences the firft Monday in
November. [ Peterfiurg Intel.
On Thursday the 10th ult the Legisla
ture of Connefticut convened at Ncw-Haven.
The fellion was opened as usual by a speech
from the Governor to both houses. The ad
dress was of a local nature and contains noth
ing peculiarly interesting to the citizens of
other Hates. The House of Representatives
made choice of Timothy Pitkin, jun’r. Elq.
speaker, and Sylvanus Backus and Noah Web-
Her, Esquires, clerks. [ibid.
We have seen a letter, received this morn
ing per the Little Cherub, dated Amsterdam,
August 21, which fays :—“ News of a very
warlike nature is just received from Paris. A
rupture between France and Austria is inevita
ble.” [ Phi la. pap.
Thomas Jefferfon, President of the United
States, aud Ins prcdeceffor, John Adams, (fays
a London paper under a Hague date) have
been nominated members of the Society of
Sciences of Harlem.
In the Crown which the Emperor Napoleon
presented to the Pope , arc said to be diamonds
which were formerly worn by the Great Mogul.
The Britifti frigate Lively, captain Ham
mond, for the capture of the four Spanilh fri
gates wiih Specie, has been awarded for her
lhare 209,000 1. sterling.
The Drury Lane Managers, (fays a London
paper) have engaged a boy of 16, from Phila
delphia, of the name of Ftus at 25/. sterling per
week he fills the firft parts in tragedy.
Stale Prisoners. —Some of the State Prison
ers in K'lmainham gaol, wearied out with loug
confinement, and not pofrffing the means of
supporting their families, have, we hear, vol
unteered to go to America, on the Government
paying their expences, which, we are informed,
has been acceded to, and they are to take their
passage in the firft vessel that fails for any of
the ports of that country. This measure is
considered as a prelude to a general goal delive
ry of all those persons confined on suspicion of
(late offences. [Lon. paper.
PR ICES-CURRENT.
D. c.
TOBACCO. .v
[ALDJ
l W HOLE No. 335.1
| f.y The Subscriber,
i HAV JUST OPENED, A HANDSOME a|
SokTMEtfT op
GO O D
inch he wiii Sell Cheap /or Cash
. Produce.
are •}>' Foiling Articles
_ „ —Viz ’
> iU«c uCTTti CTupf*ycu ill* pen, uc*viim» iib ptoauvnvN
be nude public, if he will lignify his willies lo us, hi*
piece Ihuil have place in our next.
(fST THE Kev. JosxrH Clay and Jesse Mix.
on, will Breach in St. I‘aul’s Church, at 11 o’clock
THIS DAY.
Mrs. Longstreet,
TAKES the liberty of informing her friends
and the public, that (he has returned to
her former place of refitlence in Augufia, where
file propofcs, with the afliftance of her fun, to
open a PRIVATE BOARDING HOUSE,
anti where (lie will be happy to accommodate
a few genteel Boarders by the week, the inouili
or the year.
Transient persons, or those who propose to
remain bur a few days in town, and who may
wi(li a retired situation after the hours of hull,
nefs are over, will be accommodated on mode
rate terms; having several spare rooms, flu
prefutmes it will be in hrr power to render tbe
situation of travellers, as well as of her regular
boarders, agreeable, and ;i accommodate them
to their fatufaftion.
As (he is provided with convenient Stables,
a good Ollier, and plenty of Forage, the Horses
of her travelling friends, will be well atteud*
ed to.
November 14. (19 ts)
tP? l'he Public arc Refpeltfully in
formed, that Mr. MITCHELLS Dsn- ing
School, will hereaf'er be kept on Thursdays ,
Fridays , and Saturdays. His next School
day will be on Thursday the 41st inst. at Mr.
Ashton’s Dancing Room
Hours of attendance, from 10 o’clock to 14
in the forenoon, and from half pall 3, to half
pad 5 in the afiernoon.
Mr. Mitchell will atlend at private houses,
to give Leflons to those, who choose rather to
be ?»uph- at home, than to attend the school.
He alf*> teaches the Piano Forte, Violin,
and German Flute.
November 14 (3t.lt>)
TO LET,
And Immediate PoJJejJion Given.
A STORE,
ON BROAD-STREET.
Apply to
A. Waterman.'
November 14. (ts 19)
no ncfT
WILL BE HIRED,
At the Markrt-House, in the City of Augufia, on
the firjl day of January next , to the Highest Fid
d.r, for the term of one Year :
The Negroes belonging to the Estate
of Anselm Leigh, deceased.
—A L S o,
One House and Lot to Rent, at the
Lower end of Broad-Street, on the fame terms
as above, belonging to said estate.
BENJAMIN LEIGH, AJm'r.
Nov. 14. (19.)
Notice is Hereby Given.
THAT after the expiration of nine months, ap
plication 'Will be made to the Honorable Infe
rior Court of Greene County, for leave to tell 230
acres of land in the Foil of the Oconee and Appa
lachee, being the real estate of Richard Newton ,
dec. for the benefit of the Heirs and Creditors of
said dec,
WILLIS NEWTON, Adm'r.
Greene County , Nov. 9. (19)
GEORGIA, Columbia County,
WHEREAS Hezekiah Jones and William
Jones, jun. have applied to me for letters of
administration on the efate and efforts of Aquilla
Jones, deceased: These are therefore to cite and ad
monijh all and singular the kindred and creditors of
said deceased, to be and appear at my office, -with
in the time allowed by law, to Jhevt cause, [if any
they have) why said letters Jhould not be granted.
Given under my hand at office , this 6th day of
November, 1805.
A. CRAWFORD, Cl'L
GEORGIA, Columbia County,
WHEREAS William Jones and Joseph Jones ,
have applied to me for letters of adminis
tratson on the estate and efforts of Gabs iel Jones ,
deceased : These ere therefore to cite and admoniji
all and singular the kindred and creditors of said
deceased, to be and appear at my office within the
time allowed by law, to (hew cause, [if any they
have) why said letters Jhould not be granted.
Given under Ay hand at office , this 6’h day
of November y 1805.
A. CRAWFORD, CPk.
WEBSTER’S T"
Spelling Books,
New (xivihd) Edition, Eief»nt!jr Vrln.el,
FOR. SALE AT THE AV’GBSTA BOOK-STORE.