The Georgia journal. (Milledgeville, Ga.) 1809-1847, November 04, 1845, Image 1

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Newspaper Page Textat It tnu par miit agftffipa **atl>S •F— rt-taW VEGllOM mux Will public a actios,an thr Crul still# masth, haltyssn th# uuuul hour# oftalc,at dm iviblio mIui iu (ho eossly whor* iho lolloru iMIuman lub' c •• Ulu Slow. .1* .. Jhh daor of (ho Court- CauM where aochauloo uro to bo held. Nat C«r,.r tbo aoloof Porooool Frcparty. tjtuir t-a tiraa in ■iha nanuar* FORT V doto nrevioit# loth# day of sole. "Mutko l« Iho Oubtoroood Cfodhoro of o« Eoloto muotbo f'u'.'.J^fha^VppUeatioo »fil b«mudo to tho CnurtofOrdina- ■iteT ' " 11 LA ‘ ND ' fc * p* bli,l, * d FOtjB rinricaVorleavata ooll NRG IIOES, mu at bo pnbliulnd lor punt MONflid,kafotu a*y order tbaolulo shallba made ,k riT»Vto«af>i?*M»rra of Admioiatrution. muat bo pnMiahod - «-lor dlamiaiioo from oilmlnialnuioo, monthly eis •Urladan-lordlamlaooo srotn auiBiawrenon. mowoi) -■-A.-for diamiaaioofrom Gasrdissahip./artjf day*. *RiiLaaforlho foroo'oauro ofMortnato muai bo pobliahod mutkli for f»»r awotta-foreatabliahio* loot popera/or Ihe lull Yenrr ofttrro moo*a—tot eotopollln* tltlro fromExaeu- lara ,r Adoiioiatraloro, whore a Bond boa boon piron by (lie ? ■ „d the fall epnet ef three rntnlht. Poblioaiiooa will always bo eoatiaood according to these ,l, i.,ai reoairomants, sntoaa olhorariao ordered. Allbaainaaa afthia kiodooolioooa to rocoWo prompt alien- lian nt the Oflicn of (bo OEQRQtA JOURKAl, NEW ARRIVAL! CLOTHING HHK9n| a s-Moi db jatp-b Vfx Tmtxi tttftoem'Bf >. voL xxxvu r^F TUKSDaY, NOVEMBER 4, 1846. KO-fi IMPORT OP THE COlHMIiqfBia OB T?ip PETITION OP. PETR R TREZEVANT. [CONTINUED.] In the courao of our investigations, (sod our at- minion lias boon particularly directed to ibis point.) idence, ter the Ntate bad bean sued in, (lie Circuit Court, Circuit Court, after ber feelings bad been ex asperated by thein- Sujtrtmo Courl of tho terlocuiury judgment of ilia Supremo 1 J had been futmslly Of the Cheapest and hatent VtSsHMl rjisfuo.xs: M. I. LEON, or Wow York, respectfully in f onna the cilices# of Miltodgeriffe ami its vicinity,aadalaoall who inlead riaiting MM IrdgoTtlle tilts winter, that bo haajual arrived, and ia opening '^Finest Ameitweai of Koadr-itmde OILiOTMra® crar brooglit to ibia market, conaiating of O-r.a, Frock, Over,Surtoul,and Felto Coat*, The now style of Saoka, of euperior goods, Pantaloons and Veale, of ercry variety and style, Oiks ol all srena, a ad of yjiperior material. Khirls and IHawora, Pocket Handkerchiefs, Suspended, Ac. etc. Caeca dcUukieliaa, ALL of which will be aold CHEAPER than erar has been sold here. For the erideoce lLat what 1 aay ta true, LET EVERY BODY CALL AT MY STORE NEXT DOOR TO TRE OLD STATE BANK, AND JUDGE FOR THEMSELVES! CUTTING OP GARMENTS, _ rally executed, will tlillrdgevitle. Sept. Neatly executed, wilb^deegarcb, and at tho shuftrrt notice. NO. 2, CHEAP SIDE! JXew «mO Arriving natty. S UGARS—2# Hfedj.esneUliee of prime Si. Croit,Port Rico, Mascot ado. and New Orleans—1200 Ibadoudle re- fath Leaf- For aala by WRIGHT ft SfE-fSON, C OFFEE 100 bags, among which may lie found best g-ra-aor. dare. Rio, ^NAWAL FEODB—A D .»u|wrior article—needs but • trid to b. appreciated. «£•* hfc, fc STETSON. C 1ANDLEN—*5 boxaa Sperm, 20 1 / 40 koiea Holt A Son’s. For sale by weight 20 boxes Adamantine. It STETSON. S o 4 F nad STARCH—20 boxaa of Coigaia’a make Fir «la " WRIGHT It STETSON. IEGAR8—1«A00 of Superior biunJt For role by WRIGHT A STETSON. gHOES—1000 prof Kip STETSON ^JOI,A8SES-Nc. . Orleans end Cuba. For sate by WRIGHT It STETSON M ACKEREL—No. I and 2 in whole and half barrels For sale by WRfUo WRIUHTA STETSON. TAILS—Sperm, Linacad and Train. Far aala by U WRIGHT & STETSON. C ALT—3J# sack., large sire. For stle by R WRIGHT 4c STETSON. DALE ROPE AND X'WlNE-2icoileot Rope XJ 20U lbi “ “ ) IbsofTwine. For aala by WRIGHT It STETSON. TKON-IOraaa of Sweod and Ei.rliab, Caal aod Gertnan A SleeL For sale by WRIGHT 4x STETSON. ’IVT AILS-wlOO koga warm cur, assorted sixes. For sale by JN WRIGHT 4c STETSON. fpOBACC#--A few baceaof superior Gold LeafGen- 1 iteuieiPs Tobacco. For aale by WRIGHT 4c STETSON. fPBA—latpnmLGunpewder, Hteonaod Bl 1 l.v WRIGHT t I 1 IJIE—A few bamdsie good order. Forsaleht Li WRIGHT 4c STEPS A XES—10 dnem superior cast steal. For sale by A WRIGHT , 4c STETSON. WATER BUCKETS and BROOHS- »» sale by WKlUHT 4c STETSO WRIGHT It STETSON- /COOLERS nad MEASURES—a large assort, inenl. For sale by WRIGH T 4c STETSON. W , NDOW-GLASS-3XIO 10x12 Ac„ a "» rinr arlieio.—For saieby WIl i RIGHT 4c STETSON* WHITE LEAD—Extra so ) Ha. 1. For sale by >V WRIGHT A STETSON. WRIGHT It STETSON. 0 8 " ,AI T)ED*C#BDSs Sbott Tbraad nad Sad I- nJ roaa—all oopen KNIVES a ad FOLKS, aad POCKET- A. KNIVES. For sale by WRIGHT It STETSON. PADLOCKS. OIHRLETS, HAMMERS, l aud FILES. Far Sale by WRIGHT It STETSON. gROAD ^SEtaSlI^^h^Fm-l. CHEEP SHEARS, Carry Coaht, Shades *J aad 8karri*. For.si.br WRIGHT It STETSON. CTOCK LOCKS aad Wladaar Sartasi p loi sate by W RIGH T A STETSON. POCFEK-MILLS. Walt Iran*, aad Frytac-Paaa- f or sale b, WEIGHT a stetson. I ETTEU PAPER-A Cao arliclo. For rale hr L WRIGHT A STETSON. noTTON CARDS, aad rws«h V For Sal. by WEIGH T a SI POWDER aad mat. fa A H tab Uruahaa, Mean fmi aad t °f “kn-.h will Weald LOWEftlbto at Cars. W bile •jrwlwr«niclF«,»ll iMMy«ilKrbooHMfhi« e,, /.»7 WftfGH T A NO tJT£T*Oft. M'lledgetilU, gepl.W, lg«S. M if W E akill r UfiUsr.GIffM.M Id V»tamWrH1»«3. c20tbof October, a large brief lb Pals loft. WRIGHT A STETSON. 42 If taoMuna l 3Biro>gf*me! BROGANS l U • ribijet.toffH *e huto been unuble tu diacover any evidenc oilier lhan ibai furniabed in the affidavit of Mr. Trcsvani, lhal b« ever made any application'for t ha piytnenl of hi* certificates, until die laat •el ision of the Lngiilalure. Hit petition waa then l>reaenled, and Ilia juinl corainiuee to whom ii waa referred, recommended “that proviaiun be made for paving or aecuring to the petitioner the aum of .CS000, with imereat from ihe 9tb oi December, 1704.* The first inquiry which suggesla itself upon the statement of lacls which has now been furnished, hi, were these certificates rightfully issued : in oth er words, was (he &iale bound lip pay the debt fur which they were given 1 It must be obvious to ull, that it would fw establishing a dangerous prece dent lo re-examine fur slight and trivial causes, a solemn act of the Legislure adjusting a controvert ed claim against the State. Like the judgment of the cuurts, such an act shuuld be regarded as too sacred fur future investigations, except upon the discovery pf fraud or mistake—that palpable in. justice woqltf result from us operation.' When the resolution directing the issue of these certiftcaels was passed, there can he no doubt, circumstances had ilieir influence, which now are and forever must remain unknown. Tlw.y who adopted it weie cotemporurips of the period in which the claim originated ; many of them unquestionably were familiar with its history, and with all the par lies connected wjth it. and all were then more com petent to determine upon its merits, than any can now be, who are compelled to examinn it through the obscurity which the tupsaof yeais has throwu around it. Witnesses then lived who are now in their grayes j vouchers then existed, which in the certainty that Iha adjustment was final, have since been destroyed. We are bound, therefore, to he. lieve that what was then dnno, was rightfully done, unless a different conclusion is furced. upon us by testimony incontrovertible, and concerning v/bich there can be no possible mislske. The antiquity of ibis claim, as it creates a rea sonable presumption against it, may indeed afford that justification for nn examination into its origi nal worth, which would otherwise be unauthorized. But where can we find any thing in the evidence that has been adduced to condemn the resolution? How can jt b,e rpade lo appear that the debt was not dur, and that the certificates were improperly issued ? The order of the Executive Council shows that Stone and Davis were empowered as commissioners to purcliase from Robert Farquhar, for (lie Stale, certain goods. The bill of goods with the probate upon it, if, to say the leas!, some evidence qf the sale. But it is distinctly acknow ledged in the proceedings of the Legislature in 1789, and reiterated in those of 1793, that they were received by Slone and Davis for the use of the Stale. All the various nets of the Legislature down lo 1794, including those of that year, shew that the controversy in relation to Ihe payment arose, not no much from any uncertainty about the purchase and delivery of the goods, but regarded rather the liability of the Stale to pay for them af ter the funds she had placed in the hands of her commissioners for that purpose had been misap- plied. The issue was, whether Farquhar should seek redress from them or h>-r. Its results depen ded on the fact, whether the goods were sold to Slone and Davis, individually, or ns the agents of the Stale. If they were her agents according to the universally recognized principle of law, she was bound by their contracts to the extent of the authority she had vested in them. The order of Council gave them power to receive the goods, and authorized Farqulmr lo believe that when sold and delivered, they were sold and delivered to the State. The Legislatere_subsequently recognized them as agents, as well as the responsibility of the State lo Farquhar, when she directed her Attorney Gener al lo institute suits aga^si them fur the recovery of the funds left with then) for the payment of the goods. In tite two actions brought in the Federal Courts against Ihe Slate for the recovery of their claim, it dues not appear from any thing that has been discovered, that arty denial of it, or any He fence upon its merits, wus ever anticipated. How then can we, at this distant day, with the evidence before us, imperfect ns it is, compared with that which it may reasonably be presumed existed in 1794. undertake to say, that the resolution of that year was unauthorized, improper? It must, in deed, be acknowledged as strange, that no demand should have been made upon the State, (and no ev dence can be found that any was made) from 1777 the date of the delivery of the goods, till 1789, when Alexander Chisolm, as executor of Farquhar preseuled his petition, it may perhaps be accoun. led for in the stale of things then existing in the country, and in the death uf Farquhar wniclt in tervened* The Legislature under whose direction this investigation itas been made, has instructed us particularly “to enquire at what time Smite and Davis became insolvent; and whether Farquhar, or his representatives, hud any notice that the Stale had placed funds in the hands nf Stone and Davis, to settle the debt on which the certificates -were issued." We have instituted inquiries upon these subjects, but have uni been able to procure any satisfactory information. With deference, however, lo tho Legislature who enjoined th : s en quiry. il it be true mat Farquhar sold bis gouds to the Slate, and Stone it Davis were merely her agents to receive them, and pay over her funds for for litem, which they did not do, wlmt mutters it, •o far as tier liability to the estate of Farquhar is concerned, when they became,nr whether they ever became insolvent ? So. too, it is respectful. ty submitted, what would it avail the State, if Far. quhar had had notice that the funds were placed iu the hands of Stone St Davis for them, unless sue could also prove neglect on his part iu demanding (Rein? The fuqds may have been ill their hands, and Farquhar, for ought we know, may have had •olicc of it; but can the Stule exltooorate herself ■nlest she can shew that they wore ready and will >ug to pay them over whan demanded t No such evidence exists. It is loo, reasonable to suppose, stay tt>e thorough and repealed investigations of this claim from 1789 to 1794, ami the strenuous effects made tu defeat it, authorized us to believe, ihat if the state uf things indicated by tltc enqui vies propounded by the Legislature really existed, stud any benefit could have been derived by tite fiiate from il, that it would then have been disclos ed. aud that il vouid bare exerted its merited influ «-nce in the conclusions to which the Legislature arrived, embodied iu the resolution directing Ihe isaneof the certificates. Had the revolution been lustily adopted, there might be some reason toaus. jwet that the Stale had done herself injustice. What are the faMs / The claim was referred to end reported upw Aar aemmiiiec after committee: xrpeaird diaeueeinaa arose upoo ft; the touch atone ■of taking the question by yeas and nays was fra. qoentlv appliedf saury afCarl arhiub tfau facia avouid anthoriae, or adiich the ingenuity of it* ops ponchis coqM devlae, In eider m defeat it, was la ade and shove all, Ihe resolution amp adapted af- *Bs«^apart, AppeaAa E. ——trinrtvahai thala sawintH 'fTfi* m 0. State* against her—after notified that a writ of enquiry for damage* Would be executed against her-rand after, by her delay, she had been instrumental in the adoption of the *■ meudmeniof the Federal Constitution, exempting States from suits by citizens of other States, and when she had reaaon to nxpepi that the amendment as subsequently look place, would terminate tho suit against her, Thu reasons that have now been assigned, force upon ua Ihe conviction, that tho debt acknowledged, was really due to Mr. Trez- vant, and that Ihe certificates lo him wore proper ly issued. 'The next question which presents itself is, are the certificaies now held by Mr. Trezevant genu ine—and if so, pould ths debt tq liquidate which they were given, ever have been paid/ It will be seen in the evidence, that the original certificaies have been examined by Seaborn Jones and John Jones, Esquires, who prove the signature of the Auditor by whom they were executed. In addi. tion to litis, and the strongest evidence that could be required, we have fouud in the Treasury office, the original check book, from which the certificates were taken, previously to ilieir being cut out. arrone the p'ace upon which the incision is made, after an indented form,n word ns ‘‘Continental,’ ‘South Carolina,’ &c., had been written in large letters. Upon applying the certificates lo ilieir respective checks, we find that perfect correspondence and tunformily which must remove all suspicion of their genuineness. The proof that the debt has nevor been paid, is equally clear and conclusive. The records of the Legislature shew that when il wits liquidated, these certificates as Treasury notes, were given as the evidence of it. It it preposter. ous, therefore, to supposo that the debt would have been di-chargcd except upoo their surrender. They are still in the possession of Mr. Trezevant, and tltis possession is, of itself, evidence that they could not have been paid. Independently of this, il is stated on the face of the certificates, Ihat if they are not redeemed in the purchase, by the holders, of confiscated property, payment is to be “otherwise provided by the Legislature.’’ Now this promised provision has never been made, ex- cept ihe partial provision secured by the act of 1808, which will hereafter demand our considera tion ; so that pa) ment never could have been made except by the transfer uf the certificates fur confiscated properly. Besides, an act of 1799, amended by an act of 1803, extending the lime twelve months lunger, required all audited cerlifi- cates tube renewed within two years from the pas sage of the act, otherwise they were to he null and void. The certificates now owned by Mr. Trez. vant, never were renewed, and as no subsequent act removed the disabilities created by the act of 1799, they could not after the year 1804, by any possibility, have been paid. If then, the certificates were rightfully issued, are genuine, and have never been paid, is the State now under obligations to provide lor their payment? This question must be answered affirmatively un less il can he made appear that she is released from the obligation by the operation of the act of 1799, of that of 1808,x>r by the lapse of time that has imervoned between the issue of the certificates and the demand for payment. The act* of 1799, in telation to the subject, is in these words .* “And whereas, there are still outstanding many certifi cates, land bounties, and other evidences ol debt, which have been issued in a vague aud unguarded manner, and have not been renewed under proper checks as required by an act passed at Louisville, on the second of February, 1798, for calling in the outstanding evidence* of debts due from tins Slate, and for issuing new ones in lieu thereof, under pro per checks and restrictions. Be il therefore enacted by the authority aforesaid, That all certificates, land bounties, and other liqui dated evidences of debt, specially designated in the said recited act, which shall not he renewed in manner and form therein prescribed, within tho term of two years from and after the passing of this act, shall be thenceforth deemed fraudulent and forever barred.” The act of the preceding veur having prescrib ed no penally, had not effected the object designed by it. By reference to it, it w ill be seen that among the motive* which induced its pus»agc, one was, tite detection and cancelling the counterfeit certifi cates which were then in circulation, and lienee tite use of the leim “fraudulent" in the law of the subsequent year. The two laws taken together pursuade us <o believe that the penally imposed by the latter was intended rather in terrorem, than that -it should be rigidly enforced. This couvictinn is strengthened, independently of the gross injustice of imposing upon a creditor u new condition with regard to his contracts without his consent, by (lie fact that laws of it similar character had been pre viously passed, which were not regarded as obliga tory upon subsequent Legislatures, as well as from tite uniform practice uf the State, never lo refusu the payineut of a debt clearly established and justly due. What would bo thought of tbe bank ing institution, orpiitate individual, that should notify the holder of their paper, that if not present ed within a specified day, iliut payment would be retosed ? Where is the difference in this respect between them at.ti a suvi-rolgn Slate, except that the one is above the law which she prescribes for the government uf the oilier—a consideration which, in ihe court of conscience, imposes upon her weightier obligations to observe il, while the oliters may be coerced by the power of that law ? Courts of Chancery relieve a creditor, an heir, or legatee, who by the strict letter of the law has been barred bis claims not having been presented with in the time prescribed, and is it unreasonable that the Slate should extend similar equity against the opeiations of Iter own notice, Itor own law? It cer- lui-t-'y docs nut cumpurt with our ideas of justice or nf propriety, that the State shuuld avail herself of this act lo relieveherseif from the payment of this claim. We Cuttio now to tite adi of lSOS-f “Whereas, by an net of the General Assembly passed the 26th uf June, 1896, emitted an act to disjiose of and distribute the lute cession of land* obtained from the Creek Nation, by the United State*, in a Treaty concluded at the City of Wash- ington, mi the 14th of November, 18u5,il is among other things enacted, that the fractional parts of surveys which may be created by the natural nr artificial boundaries of said territory, shall betel apart for live redemption of the public debt, under the direction of a future Legislature ; tad where as, the aforesaid find is now becoming productive, aud a considerable part of the monies due aud ow. iug to the Stale fur such fractional survey* have, aud will speedily become duet and the Legisla ture Itaviug failed to make tuclt arrangements of the said fund as lo enable the proper officer* to carry the' intentions of tbe aforesaid act into ef fect— Sec. 1. Be il ihereftr* enaeiti, <$-c\ That the Treasurer, under (he immediate direction of bus Excellency, tbe Governor for the lime being, shall, and he is hereby authorized to, receive at the Treasury Office, repayment anticipation, at one.eighth of their nominui vutue, «f..*e. *> * Sec. 2, And be il further enacted, tfC., *11181 tint stmt of fifty.five thousand dollars of the money arising from payment* on the aforesaid bonds, shall be, and ilia same is, set apart and appropriated annually and every year, for Ihe redemption of tho aforesaid outstanding evidences of l!|e debt of this Stale : Provided,, such sum shnll be annoally re ceived at the Treasury ; and bis Excellency, the Governor for the time being, it hereby authorized and empowered lo issue tu tbe bolder ur holders of certificate* of any of Ihe aforesaid denominations, reduced as before directed, bis warrant on the Treasury for the amount of Ids, her, or their claim, reduced, us aforesaid, payable oat of uny money arising from payments made lo the Treasuiy fur Ihe aforesaid fractional surveys.” The obviously gross injustice which results from the operation of ihis act, to holders of audi ted certificates, Ims prompted us lo enquire into the reusons, if any could he found, which would justi. fy it; none are stated in the preamble, and the substance uf all that we have been able lo discov-- er, is detailed in the following extracts of tellers aly dull. On ilia cdmrary.be wlm lias uvuiiod him said fractional aerveys, certificates, or outstanding evidences of tbe debt of this Slate, at and after the following rates, to wit; audited certificates and Governor’s warrants, commonly called warrants of self of Ijiuro in such a case, but ever been visited with the rebuke of tbe wise and tho virtuous. In tite courts of conscience, therefore, their influence is unknown ; and the lapse of time creates no im pediment to the recovery rif a debt, further than il dcmandl on the principles which have dictated thoso laws, a more rigid scrutiny, and that (tie ev idence of injustice ahull lie full and complete.— This is the rule which morality and common lion esty have invariably prescribed for Ihe regulation oi the conduct of mun with Ins fellow mail; and consequently there is not to be attributed, by those who are disposed tu male outeven-Jianuud justice, tu tbe logislatiun to which we liavo referred, that consequence with which many have invested it.— But this legislation, whatever may be its wisdom nr its excellence with regard to individuals, is never permitted to operate uguinsl the government that enacts il, "It insy be laid down:” says Judge Story, “as n safe provision, that ho statute of limi value," and at'lhc'y sta” could eithar. purchase btiioisi . . Il appeals by afi*et sold at that lima, eonfi then directed to Mb4i*j” received “iw oath have been liquidated'tty lias (certificates renewed under lb* ulso.thut all moult-* tharaa&er fiscuiad property at wail qa “dabl otherwise" for llte same, were lo the Trenutry, out of wiilett- AM was to receive annually Rjt in proportion to the whole ui Il can not, tltorefore, lie written in 1823. and accompanying u petition then I IBlions Ims been held to apply to action* brought by presented to llte Legislature : “As well as I re. , the Crown, unless there bus been an express pro- member, ono of tl.o »>gu.ntot» uo«.U fu> pusslngtlie v| »iu„ iiitlu.ll..g I..,x..J 1.1 .1.1. w--.... . . ...« law uf 1808, was the uudited certificates and State 1 doctrine seems to be well settled, that no laches is Troup county warrants had gotten principally into ■ *** he imputed to Government, and again il no tituu the imnds of speculators, and on that account, the j ru " 8 »°“ 8 lobar its rights; And it Ims beencon- Legisluture fell less bound to allow much, than if' sidered, that in all representative Governments, they hud still remained in the hands of (he original ! the reason for Ihis doctrine is at least equally co. holder, i regret, that my information or my re-|(:c»tas in Englum'.”-) The rcnsofct given fur collection does not euablo mo to give you any ex* 1 this doctrine are. “that the King is always busied tensive information on the points nf your enquiry, j for the public good, and therefore has nut leisure 1 am, with great respect. &e , ’ | lo assert Itis rights within the lime limited lo sub- ELEAZ. EARLY.” I jecls,” and‘‘tlio great public pulicy of preserving .... ... i ... . public rights mid prunerty from ini.try and iois, bv “My opinion in regard to tite nudited cer tficules, ■ r ' ’ „■ i, .. ... 1 , 1 . b . ri _„ 0 . . . . ’ tiie n-gligence of puulic offics. i If, then, tho renewed under the act of 1798, is, that their value ... , 1 . . . . . , , , . i . , i blule wnl and cun collect her debts, irrespective , ought tu have been rated Iho same us l ie funded i ... .. i , c ,,,, . . - . . . , - of the time they have been due, might she not in i certificates, 4 lie motives winch induced the Le- ... ... . , • , i i ,. j. equity, lo extend lie same privilege lo those whom gulaiure lo pass the law of 1898, are expressed in ■ , 1 1 b , . .. ,, , . ’ . bite owes? I he reasons against her ate us strung the Inwttscll. I have always been under tie tin- , . .. . ir u i . i , ... . . , i , , , ... and applicable as they are fur her. Ifsho lie toobu- piessiuu, that if that Legislature had been fully , .. ■. r , I r b , . c / i sy, or her officers loo negligent to collect debts, It informed ol the true sta e and situation of our pub- J ... . b 7 . ... , . . . J I J.,r may ns readily be supposed, that she will ho too lie debt, they would not huve made such a differ- , . . .. , . .. . >,.. ; . , ’ . . .. . a- .. _ . ! busy, ur they too negligent to uuy litem. But tn. ence m the value of the different items or which : .jepindently <sf any conclusions which n that debt is composed. For ...stance, those per- ,£ d frilin -' a | )9lr(10 " l MMOIling 011 ,| ie su bjec.,il may son, to whom I have prevmosly alluded, received ; f|jlv ho MHrmedi i„at the State ha. invariably- the full amount ol which i heir property had been , ... ... , 1 1 3 extended to her creditors a liberality co.extensive with the role which she lias assumed with regard uny violation of the contract on tire State,in uffordiiig (he promised (iMtftitll- redemption uf Iter uer’.ificslss fhrongk HlG' Saha Oh property Ihat had been eunfiMMed lri ~~ 1842. which speak* of debit then d« . such property, as weliasof menins ta bs from tales yet tu lake place, to say Ike Mai* Has duces the inference that the amount of tnlea as ceeded theomuunt of certificate* prseiotsd Mliyy- mem—a fact which thews that they could not M that lime have depreciated in value, and riirsste the holder of them of the exetire'ihaf he could am have disposed of them except al a- isnsikaa Ma one Will oeny, that if ihe Stare hadmadn had negb cled to apply for it, that she would bn exomirnled from all liability for Interest on aiecoaal of it. This she ha* in effect doi^-Wd if Mr, Tree* ovum bad exercised proper diligence, bftd cooi(6i. ed witit the requisition* of her lawa— requisition* which self-preservution rendered Bright and pro per she shuuld impose, there can bn little if any doubt, so far as wo are able at thin distance of lime, mid with the lights before ua, u> parenivn, lhal he might Imve received hit money, and in ths manner contemplated by all parties, wlten thn cafliflcttn* were issued, at almost any time,down lo the year 1898. He chose, itowever. lo wait for-ihe pay* me ui “to lie otherwise provided by (he Legisla ture.” Ho had the right lo make bis election | but wlten he made it, no inducement* were held I out ihat lie would receive any more lhan b-a origL I sin I tlalkl • lin l.nrl im rnna.m Isx ewiannt iLw* sMSn| nal debt ; lie Imd no reason to expect that inter would be allowed. And betides, ta the State had pacified no time when the provision would be P ri dependenlly of any conclusions which may be do- I made, and il was not Ids province to direct H, K might be urged that according to the strict sold ; lit,-a property wits sold on long credit and fur ... , , , , - .. , ; lo her debtors, und that site never Ims rejected - amount sold, they received . funded certificate, for olal(11 in8Sl her . Inere , v bccsU8U j, W11S J B , iqiJtl . winch .bey have reeetved tn spec.e the nom.nal , ed< but 1 IUS exami „ od and dispo.ed of it according amount, with seven per cent, .merest for seven w „ ie |llci ,| BS , ierelo f oro laid down as regulating year,; w nisi the c.nzea who held a certificate for lhe i rannacl ‘ oll# of piivBte lile . U a ieru a“vll.iug but a small amount, and the debt a clam. upo<> io claim now !, nder consideration, which de- winch it was issued,scaled probably to a ’» maud, a different course ? We have, as we con- now reduced to the necessity, under the act of 1808 ceive fu|| , wblul , ed( , bal „ |e curlificalei werc to take one c.ghtof its nom.nal value, or rema.n fj |l|fu|| iaiUed ,| lat u ur0 gcnui.te, all d that unpaid. Tht. cannot be jt.st.ee. „ I they have never been paid. The presumptions L). U. nil 1 UlihLL. | which the lupse of lime created, aro retitov- The principle of reducing these certificates, by ed. the payment uf one-eighth of their nominal value, But it is apprehended that some reasons for the wus again recognised in 1811.* in tile same act, which after, reciting that tite @50,000, referred to in the law of 1808, “is not unnuaiiy received into the Treasury and tite objects of said law are there- st ruction of the contract, till il waa made, provided it was in u reasonable period, ibedebi was not leni ty due, nnd consequently aa tbe certificates make no promise of interest, none could have accrued. In no aspret in which the case kaa been viewed by us, dons it appear that Mr. Trezevant should be paid interest, antecedently lo the act of 1809.^— Thai aft placed him in ait entirety different position from any which ha had previously occupied. It wuh a i.olice to him and the world, that if any thing, only one tyghllt uf the nominal amount of Itis certificates would be paid, and that only epon the relinquishment of the whole, and il exempted him in uur estimation from any immediate oacet- i sity of presenting litem. Had the law which ia> qmred their renewal been complied with, had they delay of Mr. Trezevum can he found in the history ! al *h a * time existed as acknowledged and legal de uf Ihe claim, us it lias now been developed. It was liquidated by the act of tho Legislature— the faith of the Stale was solemnly pledged—he . , _ 7.. . •» me liimi oi mu ontiu wus suiuiiiiiiy uicuucu—nc by defeated, authorizes these certificates to be | huld her note , wllich promil!el ) f if they were not paid out of any money arising from the payments ; redeon>ed ,, y , he purchase uf confiscated property made to tho I roasury, on account of the fraction- ; illoljld ^ otherwise provided fur by the al mirveyi hey should l»e otherwise provided fur hy the ... . . , , , , , , Lei*i*Ia:ure—he may be presumed lo have known, 1 here cun be but little, if any doubt, that tho | llial repeaIed efforts had been made to provide fur argument referred to by Mr. Early, controlled the | rn / emplian 0 f,| le publicdelt. and to have wail- Legislature to which it was applied. I he same | ed j,, | 10pe * Ulllj | 1809 . when the doors ol .he Trees- him, he resolyed, in. piuanee then ullowed, lo rc- coonsels should control the - - , ueiuui,, u, me umiE. Tais course of conduct is the certificates of debt m Ilieir possesrion-Mtot | reaaou .,bie ; and although it cannot exonerate him that me public had received less value than was ex- I from ,| 1B i nlpulalioil of negligence, and must alter pressed on the face of the paper which had been | the queili on of interest, ilin some manner accounts issued, but that those to whom it had been deliver. for ,] le delayi wlli ; e j, canlll)t af r ec i the validity of ed, by parting with it, al two shillings and six pence ! , ile c , uim , or the liability ,o discharge it. it. the pound,f had themselves fixed the value of The reaaolla wllicl , have now been assigned, their claims, and had manifested their widingt.ess : ha¥e bro „ g i lt us t0 the conclusion, that the State is to add to their other sacrifices, lots deduction from , blJU(|d> b uve . pr i noiple of bl)mir anJ i u „ iC e, to Ihe.r demand upon the nutiqu. J I his reason..,g. , redeen , lbu carlificaU;a held by Mr. Trezevant, by fortunately for the honor ol our country, did not ! , |)e pnv , ncllt of , b e five thousand pounds called fur prevail in the Fuderul Council; and we are con- j b lbt j„ strained to add, what we doubt not will meet the approval of me great mass of our fellow citizens, that we should curdially rejoice, if the future histo rian of our State, instead of being compelled tu characterize llte success of Ihe argument, as an able repurl uf a committee of the Senate iu 1823 hy thun. Il is true, this course uf conduct may viohileprecedents established under thuaclof 1808, and rnsy give to holders of certificates, puid of}’un der its provisions, an cquitubie claim fur remuner ation , yet it is equally true, that no number of precedents cun change the character of the transac tion, or sanctify the injustice that would resutt has done, as tbe "dark page of our history.” could froin „„ BdbercllC e to (Item. be abie to say, to the language of the author al- ; Tite only question which now remains to be ex- ready quoted in reference to tbo proposition in amillcd is . ougl.Uhe State to allow interest upon Congress: “Ihe idea that the Legislative body ; lheae CBrli fi C ale» 7 Mr. Jefferson, iu a letterU to could dm.ii,ish an ascerlamed oebt, wus reprobated Mr Ham ,„ ond un ltu! n ||, )Wailce „( imereti upon with great force, us being at the same time unjust, ; Bri , jkh deb , duri , llc VV sr, says ; "Interest is iinpoinic and subversive ol every principle upon nc>So |iar: of the debl. but something added to the which public contracts are founded, and ihat “tite debl bv way 0 i da ,n a ges for the delentioa of it.— evidences of debl possessed by the creditors of p„ rin e'rly. all interest-was considered unlawful in the State were considered public bonds, for the re. j e C0 , 1Iltr y i„ Europe. It is still so it. Roman W IliCtl the properly &I)d lubtir of the f Stltn’iirt /•mmlriue mill rminirifau lit! !r fit roll flip rr ia I. dernplion of which me property atm laoor oi ,n e j (Jathoiic countries, and countries little onmmercia.. people were pledged. But if there was any jus- p rom „ lU> at a u. )m . ra . role, a few special cases t.ce in tuts legislation, with reference to those who | are expected. It England, also, all interest was had speculated upon the necessities of the holders | -J, (aW> ||t| (be „ alu ie of 37. Henry VIII. of certificates, that cuntiul be the case in regard 1 to Mr. Trezvant, as il h»s been seen, that the cer- ensp. 9. The growing spirit of commerce, no , . . , longer restrained bv the principles of the Roman t.ficates now held by him were issued it, Ins name, Clt ° reh> i)k .„ r>r sl began tu to-erate it. The same and the cause assigned, therefore, fur tills legists-, cauae , pro ,| uced ,| ie same effect, in Holland, and lion due. nut apply to ms case. It is unquestiuna- I pcr!lH .„ some other commercial aad Catholic bly tiie duly of iho Le«i»iatijre, m guard w ' 1 ** countries. Bat even in England, the allowance of closest vigilance the pecuniary interests of the j nte resl is not given by express taw. but tests on tiie arbiter* State; white, at the same tmie.il is a paramount , he diacrclio n of Judges and Juries doty, with increased watchfulness to protect her „| dam , g es." 'l he position here assumed by Mr. faith and Iter honor. If the latter can be main- jrA,.^,,, i ute re»i constitute, no part of the tameC uy recognizing as obligatory the acts of de bt. does nut necessarily follow its admission, but 1896 and 1711, elevating them to the dignity of , nav b „ varied liy circumstance*, or al’uwcd by precedents which are to be implicitly followed, t wa « 0 f damages !or its detention, are, itisbeliev- when they by annihilating seven-eighths of debts— ! ed< established principies in the jari-prudence of acknowledged by all the solemnities of law to be j ourcounlrv , as well as of England- justly doe-debt,. too, which were the price of me ^ lbeiIi of the allowance of interest obert.es we now enjoy, bear upon their face such , ^ ^ Ulidaf con ,j dor . tiol ,. U one .ha, addres- evidence, of ...justice and of despotic power upon , >e<( , f , o lh ClJII . cience of the Legi.lalure-.u others . .must devolve tosh w the cunncclmn be- „f justice, and must be detu. mined ac tween the mean, lo ue used nnd the end proposed d ^ cireoin , IBllCc . which cat, be brought j tnattds against the Slate, it would be difficult lo I determine by wliut principal of justice the claim of i interest after ihe passngu of that law could be re- fisted. But whun that act waa passed, what knowledge had the Stule of their existence? To ascertain the extent of iter liabilities, she had call ed once nnd ngain, that her outstanding certificates should be preseuled, nnd on the Iasi occasion or dered, that if nut presented within the time pro' scribed, th.it they should "he deemed fraudulent and barred.” Mr, Trezevant disregarded her in vitation and her menace, end lhe 8tetc bad llte right lo infer, and act accordingly, that the cerlifi- I cutes issued to him had no longer sny real or equi- ! table, as they had no legal existence. Under the ! act oi l 898, he could not have received even llte | pittance uliowed by it to the holder* uf audited certificates. So lar as he wit concerned, the 1 State ha-1 made no provision, and for (he obvious reason that the did not know that she was indebt ed lo him. or lo any one else on account of tbe cer tificates i-stted lo him. Who is there that would feel himself under uuy obligation, legal or moral, to pay the accruing interest upon his note doe thirty years ago, if wlteft il was duo he bad been unable to find it and had been compelled lo be- lieve that it never would be presented T Was not this the cause with lltu Stale / It matters not iu either case, whether Ihe other party was prepared to pay or not, for there is no system ol ethics—no rule of justice, which would exact the payment of interest lo an indefinite extent of time, wbeo the creditor withhold* all knowledge of thn existence of hi* claim, anJ wlten, during that lime, the other might, bad lie httve known il. been able and pre pared to meet it. Tbe act oflSOS, refusing as it does payment uf audited certificates, although il does not apply directly to those under considers, non. when taken in cunneclion with tbe previous default, of Mr. Trezevapt, it is respectfully aub- 1 milted,ought nut tu btfeonstrued into such a denial j of payment tu him, as lo create against the State, a I charge for damages fur Ihe detention of a debl which lie tnuy, in part at least, have occasion- i ed. ! There is another view of this transaction, which, although il may nut affect the questlod of abstract justice involved iu it, is nevertheless not uuwortby | of consideration, ills always expected, that he who claims equity, shall himself have acted #Mlt- ; ably. It has been seen that Mr. Treievanl, when called upon, in lhe only way a sovereign 8tate I could coil upon him. would not condescend lo ed, vise her as the basis of Iter contemplated legitie- lion, of the rxislor.ce of his demand* egaiosl Iter, ill* who refused un act of courtesy to Ifio 8tate, ! now claims damages for the detention of * debt \ which he would not inform her that she owed. But apart fruuHhe considerations which bare now lieen urged, and from ill* principles which ' regulate contracts between mao and man, we af* decidedly of the opinion ihat a* a metier ef policy . _ HSl - msM odM 1 i »tsf fh LorM -rtst***^ ** bassus trto.et^aw, irmU >^>1 monies eaare ua bunds taken for tbe afure- ,a-<m to be attained. Again, does tbo antiquity of tltis claim authorize the State to refuse its payment ? It insy be iuiJ down a«a general principle, that the fact of for. bearauce. fur a senes of years, lo urge n claim, creates a strong presumption against tu vsl'dity. and as akin to it.“if a man knowingly and w filing. Iv |>*rmits whet is his own, to be enjoyed by anoth er, for a considerable lime, without demanding it, he must no longer look upon tt as his property ” Upon ihe»£f principles, and with a view lo promote peace aud prevent perjuries, imve been founded the statutes fur the limitation of uctiuns, which have been euseted by every civilized government from the days of Greece and Bume.duwu to the present period. They are denominated, nnd appropriately, Kthtulesof repine, and have ever been considered wise aa d salutary. But while these statutes hare Itsss generally incorporated iu systems of jurispru dence, il has navertbelesa never been imagined bt •ny intelligent and well regulated community, that they diminished in the slightest degree the tnnrati obligstioe la dlstKlfg* a debt to bear upon it. Now, if it can be made to appear, llial tiie de tention of Lhe debt »a» in viulatioo of lire contract, end arose solely from the sets of llte Stule sod without any default on the part of Mr. 1 rczevunl, there can be no doubt that site should pay llte dam. ages sustained by her creditors. What then was the contract i The state ogrecd to pay the sums specified in the certificates by taking them in pay. | meet of confiscated property, or as “to be other- wise provided for by tite Legislature.” It should be here borne in mind, that the certificate* them selves specify no limn when the payment “to be otherwise provided” should be made ; but history of Ihe tun is induces the belief, that it »s* not con templated that lhe Legi«lature should *t once make Ihe piovition. riot perhaps until tbe other fund was exhausted. The principal upon which lhe Htale acted was. lo pay the debts doe to tier friend*. 4M of ihe property lor'eilod hy ber. foes. Indeed, this was ber only resource, unless she bad reported l*r i mmm. waszzzr-«?' ed demands, and eepreialf vfiM laths* oh life part tore*!. If a liquidated 4 understood bv tfietrnw. II as of justice, the State should recognise t us u rule never lo be departed from, not to p#y §0- 'ere-t is allowed, and except niso, In a few ether extraordinary cases, which cannot readily be else- sifted, 'l ira propriety of ihis rule arieea from the fact mat the State Oevrr set* up lapse of lime se • iisr to a claim against ber, and il will urge a creditor 1“ procure sn early ackoowit meiii of hi* ik inaod, wbon il* merit* cae be -at isfsrtoriiy ascertainrd and determined. B contrary roiu o!,ts med, s<tmc would coneider e J debt due by tbe Htale a safe and profitable I ment, and tlierefore would make no immediate t to recover it, while others, if there existed any i about it* recognition, would Im prompted i«M until time had removed the difficulties which migH be thrown in its way. The rata be* bean adopml by the Federal I-egi.laiuro, fend -*o Ikrjl know ledge extends, it Is invariably * may b« objected that this is a Ik -i.oiodcoostiluic on that account oMrMeep tVe are um disposed even id allow f‘ "* “ 11 t> uumuf rvjn msn IHHH

Georgia Historic Newspapers

The Georgia journal. (Milledgeville, Ga.) 1809-1847, November 04, 1845, Image 1