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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.