Newspaper Page Text
Superior Court—Georgia.
Georgia—Superior Court, Oct. Term* 1812.
Whereas, David B. Mitchell, jgoveroor and
commander io chief, of the army and navy of
the said state, aod ofthe militia thereof bath fil-.
ed a petition in this honorable court, setting forth
FOR THE REPUBLICAN.
Sr
FRENCH INFLUENCE.
To the Editor?—The charge of being un
der French influence has, for some time, 'been'
vu a ueiiuuu »u mw uwuwibui^ Cl. r . r , . •
that William Harrell, of Wayne county, and , one ol , lhe mos j fnntful .sources for filling out
. - - — * * • fhp rnllivnno of rr*t •
Hardy Harrall, of Wilkinson coun.y, are in
debted to him, as aforesaid, on a bond
bearing date, the thirty-first day of October,
eighteen hundred and six, conditioned for the
payment of five hundred dollars, in four an
nual instalments: and, whereas, to secure
the payment of the said bond, the said Wil-
liam Harrall did mortgage all that fractional
part of survey, or lot ofiland situate, lying and
being in tbe third district of the county of
Wayne, bounded nortbwardiy by No. 164,
southwardly by lot No. 222, eistwardly by
Glynn county, and northeastwardly by the
Alatamaha river, containing one hundred and
ninety-three 9-10 acres, be the same more or
less, and known by number two hundred and
tW'/ti y ' Tee (223) as is described in the
' v ■ ion, which said bond still remains uu-
It is therefore ordered, on motion of John
Kell, solicitor-general for the eastern district,
that the said William Harrail and Hardy Har
rall do pay into court the principal, interest
and costs due on said bond, within twelve
monihi f. om the date hereof, or a decree will
pass aguiusi the mortgaged premises, for the
payment. Also, ordered) that ibis rule be
published in one of the gazettes of this.state,
at least, once in every month, until the time
appointed for the payment expires, or served
on the mortgager or his agent or agents,
six months previous thereto.
TVue extract from thel
minutes, 23d Oct. 1812. t
R. Atkins, elk J
*=»>
Mr. TROUP'S SPEECH
OK TB&'ifiZQO CLAIMS.
a the human, mind- can conceive—suppose, air,
I that the 12 th congress should corruptly sell the
_ - :• I good people of the United States toiEngland
Troup having asked if a motion to re* I England should instantly sell to France—
J. Kell, for pet.
Sol. Gen.
Georgia—Sueprior Court Oct. Term, 1812.
Whereas, David B. Mitchell, governor and
commander in chief of the army and navy of j
the said state, and of the militia thereof, hath fil
ed a petition in this honorable court, setting forth
that John Scott and David Flicker, both of the
county of Baldwin, are indebted to him as afore,
said, on a bond bearing date, the twenty-eighth
day of October, eighteen hundred and six, con<
ditioned for the payment of two hundred twen
ty-two dollars and fifty cents in four annual in
stalments: and, whereas, to secure the payment
of the said bond, the said John Scott did mart
gage all that fractional part of survey or lot of
land, situate, lying and being in the second dis
trict oi the county of Wayne, bounded north
wardly byNo. 271, westwardly by No. 259,south
vvardly by No. 273, eastwardly by 276 and Cam
den line, containing four hundred and seventy-
five acres, be the same more or less, known
by number two hundred and seventy-two
(272) as is described in the- said petition,
stiU rewhich said bond mains unpaid.
It is therefore ordered, on motion of John
Kell, solicitor-general for the eastern district,
that the said John Scott and David Fuiker
do pay into court the principal, interest and
costs due on the said bond within twelve,
months from the date hereof, or a decree will
pass aeainst the mortgaged premises forihe
payment. Also, ordered, that this rule be
published in one of the gazettes of this state,
at Jeast, once in every month, until the lime
appointed for the payment expires, or served
on the mortgager, or his agent or agents, six
months previous thereto.
True extract from the
minutes, 22d Oct. 1812.
R. Atkins, elk.
}■
Kell, for pet.
Sol. Gen.
Georgia—Superior Court, Oct. Term, 1312.
Whereas, David B. Mitchell, governor and
commander io chief of the army and navy of the
said state and of the militia thereof; hath Sled a
petition in this honorable court, setting forth that
John Scott and David Fluker, both of the coun
ty of Baldwin,are indebted to him, as aforesaid,
on a bond bearing date the twenty eighth dby
of October, eighteen hundred aod six, condi
tioned for the payment of sixty five dollars,
in four annual, instalments : and, whereas,
to secure the payment of the said bond, the
said John Scott did mortgage all (hat frac
tional part of survey or lot of land situate,
lying and being in the second district of
the county of YVayne, bounded northwardly by i
No. 27?, westwardly by No. 258, southwaidiy j
by No. 274, eastwardly by Camden line, con- { ,
taming three hundred and thirty-nine actes, be! could be gulled by such a prospect of reward.
The hardy sons of freedom;
the columns of our da'ly publications. This
charge, as regards the administration, 1 am-
convinced is entirely unfounded; and asrit res
pects the republican party io general, prepos
terous and wicked, io the highest ?degree—a
charge, in tbe rebutting, or establishing of
which, as an American, -I fed deeply interest-
ed. - ,
Our ears have long been stunned 'with <k e
boisterous manner in which it. has been oiaae,
and the ^cho has even resounded across the
Atlantic. The frequency of these accusations
appears to encrease,and the liberty of the press
is daily more and more abused. Yes, Mr. Edi
tor; the black, the atrocious chatge of treasoo
and iufidslity to one’s country, is daily made
wLh as little hesitation, and retailed with as
much readiness, as if it was the mere slande-
I rous offspring of some lady’s tea party 1 How
common is the accusation that Mr. Madison
and the whole of the present I administration
; ate under “ French influence'*—-.hat they have
sold our country to France, and chained our li
berties to the triumphal car of Napoleon ! But,
bifore so illiberal and dishonorable an opinion
is adapted, a man should deliberate well—he
should seriously i eflect before he pronounced*
the chiei magistrate of the only free nation on
the globe, a slave to the most infipiaus wretch
that ever stained the page of human nature. v
Let us, sir, bestow a inootem's consideration
on this lubject—let us enquire whether this re
proach has not sprung from the malevolence of
a disappointed party, or whether it is really bot
tomed on truth. It has always appeared to me
that it has owed its origin to the^ormer; for I
cannot perceive, I solemnly aver 1 cannot, even
the shadow of a reason (of it/real existence.
No man, not even ilz most depraved, would
a:t the part of a villiai, and jeopardize, per
haps, his very existence, without the hope of
some reward, a quid jroquo (as the lawyers
we-ild term it)—a compensation for the risk at
least. If then it should appear that nothing is
to be gained, and every ihing is to be hazarded,
we shall be at liberty to iufer that no unfavo
rable conclusion ougit-to be adopted. And,
besides, even supposing that there would be a
prospect.of obtaining i full compensation, still
equity would bid us mat we ought not to pre
sume our governmeni guilty until it is proven
to be so. It does not [allow because my ueigh-
bor B. has had the opportunity of obtaining a
handsome sum by a piece of viliany, that he
has therefore actually disregarded the sacred
dictates ot honor and performed the-act requir
ed. I have' a better opinion of myitelf and of
mankind, than to regard such a conclusion as
inevitable. But I do not wish to shelter those
whom I would defend under this principle. I
will not fortify myself on this height, but will
venture, boldly, down into the plain, and consi
der, if interest is to be the governing principle,
what line of conduct would b§st comport with
it. And here, sir, I do .not.notice the disinge-
neousness of my opponents, who first take it
for granted that vhe accused are false to every
principle ol honor before they proceed to prove
them so.
In the departure from correct conduct, wbat,
sir, is to be gained and what is to be lost, by
such.a man as Mr,'Madison ? For, as he is the
mas: conspicuous of the accused, 1 have sin
gled him out as an example. Would he not
lorfert the affeetjoo of his friends,- the lose of
his countrymen and the admiration oi the
work! ? Would he oot forfeit tfce highest ho
nors hi g : ft. of his country? Wuuid he
not jeopardize his property—ins life ? For da-
teefipn must some lime or other flash upon his
viliany. W ould not eternal infamy be eatailed
upon his name, and his character be the ob
ject ol abhorrence and and detestation to the
most reixto.e posterity ? These are the sacrifi
ces ho ts to make—wnat are the benefits to be
expected? Is he to receive a ' nenniary com-
pensa.iou ? Is gold to induce him to assume the
assassin, and stab his coutnry to the heart ? No
such supposition can be nude. His pecuniary
situation and his known liberality, tn this parti
cular, defeat the conjecture. What then is he
to gain ? Is he to be elevated to some more
commanding height ? Is tire regai sceptre the
promised price of infidelity? No, si.-; neither
Mr. Madison, nor any other man in his senses,
it could not be
expected, wouid submit to be guided by the
leebie hand of tyranny—like the hyena, nothing
will ever tame, nothing subdue them—uo arts
could reconcile them to the cage of despotism
the same more or less, known by number two
hundred and seventy-three (273) as is describ
ed in the said petition, wbicn said bond still
remains uupaid.
It is therefore ordered, on motion of John
Kell, solicitor-general, for the eastern district, —no force withstand their indignant fury.—
that the. said John Scotland'David Fiuker Neither wealth nor titles would be .sufficient to
do pay into couit the principal, interest and corrupt. What other inducement then remains?
costs due-on the said bond, within twelve j man believes there is any—there can be none.
months from the date hereof, or a decree; These watch dogs of liberty, as they-may wish
Will pass against the riiori gaged premises : t0 be called, are perfectly aware that they bark
for the payment. Aiso, o;de>ed, that this . when no thief is nigh—that they needlessly dis-
mle be nuhlisheil in one o'r*—.... turb the repose of the family. ; - i
|. There may possibly be a few, whose-heated
1 imiginations may, in the night of political vio-
j= c: ibe bill would not supercede a motion to
commit, and being answered by the speaker in
the affirmative, said—It is on no ordinary occa
sion, sir, I would permit my self to move the re-
ejection ot a bill on the first reading, coming
from auotner branch of the legislature, but, the
measure growing out of an hsdtous corruption,
I owe it to you to move because I think I owe
it to your own dignify to reject the bill, not up
on any dubious evidence otihe fraud and corrup.
lion ofthe Georgia legislature but upon evidence
sausfac tory to you and to alt mankind spread up
on your own records by commissioners of yout
owft appointment, and which the clerk can be
called upon to read. The nature, the extent,
the detail of the corruption by which the legis
lature of Georgia weie induced to sell the pub
lic property—are there pourtraved by your own
commissioners. It is staled that more than
two thirds of tbe legisia:ure were bribed and
corrupted, were intei ested-in and parties to the
purchase. They shew you that A. received
112.000 arces of land for his vote—that B. re
ceived 75,000 acres for his vote—hate, re
ceived 56,000 acres for his »?: e , and that none
received less than 56,000 acres. It k upon this
record evidence then that I move you to reject
the bill. You rejected the bid from the senate n f
on the first reading far the suspension of the* 0 '-—*
is Cot ptis act. Why ? Because that bill
amed a principle violative oi civil liberty.
move you to reject this bill • Why? Because
it contains a principle destructive of republican
government, i he purity and incorruptibility
of the representative character is the basis of
our republican institutions—if there be one
principle of our government move fundamenta
than another, it is that no benefit, or profit, or
advantage shall result either immediately or re
motely to any human being from the corruption
of the representative of the people. The bill
proposes to give five millions of dollars to those
c.a.mi.’g under the corrupters of the veoresen
tatives ot the people. The coiruptors only
gave five hundred thousand dollars- -the Unit
ed States only gave twelve hundred and fifty
thousand dollars to Georgia for her teiritojv.
l..e b:H proposes to give five millions of dol
lars to the claimants—five millions of dollars to
extinguisn their claim. You are required to
reward the claimants who bought of those who
corrup:ed the legislature of Georgia. We say
no# Let luin overtake ihe corrupters of the
representatives of the people and ail claiming
under them. The corrnptors have made their
fortunes, now you are called upon to make the
fortunes of the claimants—this is to be piece
dent—: his is be to example.
The claimants have hitherto urged their claim
with indefatigable perseverance—they have
teazed and worried you—you have constantly
repelled them— they have seen their discomfi
ture in the justness and simplici'y of your rea
sorting. You say to them in substance, the. Ya
zoo act having been fraudulently and corruptly
obtained, was null and void, ab initio. All con,
tracts founded in fraud are void, it could pass no
r'ght.; if it could pass no right to the original
purchasers, it is impossible that the .original
purchasers, coutd pass any right to the claim
ants, and if no right passed to the claimants
it is impossible they can have a claim or
shad ow ot claim against you. They constantly
found themselves foiled by this honesty and
simplicity ot reasoning—seeing you fi m and
inflexible they turned about and addressed
themselves to the judiciary. They found in the
!aw books of England a ra .xim which suited
them—two of ths speculators combined and
made up a fictitious case, a feigned issue for the
decision of the.supreme court. 1 hey p.esent-
ed precisely those points for me decision of the
court which they wished the court to decide, aod
tbe court did actually decide them as the specu
lators themselves would have decided them it
they had been in the place ot the supreme
couii. The 1st point waswheiher the legisia
ture gi Georgia* hzd/lower io sell the ten.tory ?
Y-s, said the judges, they had. 2d. Whether
by the Yazoo act an esta'e did vest in the o
France would come upon the 13th congress,
and.demanded possession—the virtuous !3th
congress would say. No ! we will not give yoa
possession, the 12th congress was bribed and
corrupted to sell the good people of the United
States, fraud vitiates every grant and therefore
y«!t* can have no right to demand possession.
Ah ! but, says France, I atn -an innocent pur
chaser—I purchased without notice of the fraud
- aad it is a maxim.of the common law ofEJug-
land, that third purchasers are not to be affect
ed by the fraud of the original parties. Thus,
sir, according to the judges, would the good
people of the United States be sold like a flock
of sheep by the corruption of their representa
tives—leaving them, the people, without any
kind of remedy whatsoever.
If. Mr. Speaker; the archfiend had in the bit
terness of his hatred to mankind resolved the
destruction of republican government on earth
—he would hate issued a decree like that of the
judges he- -would have said, in the spirit and
anguige of this bill, let the claimants under the
corruptors oi the representattv s ei the peo
ple, be rewarded. In a nation of enlightened
men, whose governments have their origin^m
and exists only by the will of the people; that
will k contemned, and held for .nothing. Why,
it may be rsked, do th*- judges who p -sted this
decision live ^nd liye unpankhevt ? T;re an
swer is found In th«f- irfildness aod moderation
thank God it is so.
Yes, said the judges, it did
rule be published in one cf ihe Gazettes of
this state, at least, once in every month until
the time appointed for the payment expires,
agents, six months previous thereto,
True ex'ract from the")
minutes, 22d Oct. 1812. J-Kell, for pet*
R. Atkins, elk.
Sol. Gen
or served on the mortgager, or thier agent or I fonce, have raised a phantom Of danger before
s, °^ nts * ”*■ ™| their eyes, but, it is a singular facGi thaf the
very men who exclaim,fhat where cbere is not
honesty in a private there can never be integri.
ty tn a public capacity, do not hesitate to brand
with infamy the political character of our chief
magistrate, at the same time.tbat they are forc
ed to allow him in prtva e life the roost spot-
less purify ! Stange mfatualiotrl—Whfcu men
quietly suffer their passions to have the sway
over their judgments every step they take only
encreases the rapacity of their descent until, at
.last* unable to resist the foice which propels
them forward, they are hurried into error aod
absurdity, if not into guilt aod ignomonv.
AMERICANUS.
■GEORGIA. "j By A Forrester, clerk
rr ci 1 °f ordinary for the conn-
- ’■* . ty of Liberty, and Rate
A. FoaaxsTEr, c. c. o. r. c.J aforesaid.
Whereas, Maryann Harris, the widow and relicr of
West Harris, :ate of said county, planter, dec. has
trade application to me for letters of adminiftration nn
the estate md effects 6f faid dec
These are, therefore, to’ ere and all Angular, the
kirdred and creditors of faid deceased, to file :heir
objections (if nyhey have) in my office, or office
court of ordinary, on or before the firft Monday im
April next, otherwise letters of adminifiradon will be
granted-
Given under tuy hand and seal at Riceborough, this
24th February, JSIS, and of Aneriton Indtpecdrece.
■he 37th. f9<t* j
A man
cut the tot
in o=der to
isth
?. grieiffrifs:
ginal grantees ?
3d. Whether ii was competent to any subse
quent legislature to set aside the act on tbe
giouttd ot baud and corruption ? No, said the
jueges, it was not: an estate did vest in the
grantees by the Yazoo act, which could not be
divested by the act of any subsequent legisla
ture. No matter, say tbe judges, what the na-
-ure or extent of the corruption, be it never so
wicked, be it never so nefarious, it could not be
set aside. The speculator's had hunted up a
maxim of the common law or equity courts oi
England, and the judges wielded it for their be
nefit and to the ruin of the country—the max
im that third purchasers without notice shall
pot be affected by tbe fraud of the original
parties. Thus, sir, by a maxim of English
law are the rights and liberties of the people of
this country to be corruptly bartered by their
representatives. It is this decision of the judg
es which has been nu^e the basis of the bill on
your taoie—a decision shocking to every friend
of free government, sapping the foundations of
all your constitutions, and annihilating at
breath the best hope of man. Yes, sir, it is
proclaimed by the judges, and is now to be.
sanctioned by tbe legislature, that the represen
tatives of the people m&y corruptly betray the
people, may corruptly barter their rights and
those of their posterity, and the people are
wholly without any land of remedy whatsoever.
If is this monstrous and abhorrent doctrine
which must startle every man in the nation,
that you ought promptly to discountenance and
wnderan. It is this doctrine, the basis and essen
tial principle of the bill, tha’ we call Rponyou to
reject. Suppose, sir, the legislature of Georgia,
instead of selling the public territory, had cor
ruptly sold the good people ot Georgia and all
their posterty into slavery—the consequence
would have been the same.—the judges would
have d .creed that an estate did vest in the origin-
al grantee notwithstanding the corruption which
could not be divested by any subsequent legisla
ture But, sir, let me state to you a case, ex
Ncttt"'! thank God it is so. If
under a despotism the thronejof the monarch
had been thus asvailed, the .judges would have
ptri-hed. . ' - ' -' ~ - •=
.Here the'foundations .ot;. the. republic are
sbafcerr .tiul the judges sleep in tranquility at
home. Take my word for it, Mr. Speaker, I
beseech you to remember what I say, no party
in this country however deeply seated in power
can fong survive the adoption ot this ineasure.
1 remember a gentleman once a member of
this house ; he had his seat on the opposite side
of it 9 he was - a man of the most vigorous-in«
teliect I ever knew ; he (IH deeply studied hu-
man ua'ure , to be sure his conduct was not
always regulated by his knowledge of it ; he
was > often imprudent and not unfrequently ex
travagant. Whenever this question who turned
up, however, he used to address himself to bis
political friends—** Gentlemen, I beseech you
to withhold your countenance from this measure
It is founded in corruption—the people know it
—they are not yet ripe for the support of men
who will support such measures. If you want
to mount into power, jf you wish to conciliate
the affection of this people, you must assume a
virtue it you have it not.”
Mr. T. said he wished it Understood, *t»at in
moving the rejection of the bill, it was not his
design to enter at all into the merits ofthe Ya»
zoo claim. The few observations he had Sab.
mitted were directed to the principle contained
in the bill. If, however, the house shouldin its
discretion, determine to sustain that principle
and to enter into the merits oi the .question at
large, he should, notwithstanding it had beeu
so often discussed and was so well understood
by every man in the nation, have no objection to
meet it. lie would then undertake to shew*to
.the house. First, That the, jpgislature of
Georgia had no constitutional power to sell the
public domain. Second, That if it had'it could
not sell fraudulently and corruptly. Third,
1 nat these claimants had notice of the- fraud
and havmg notice, are according to the maxim
or thejuoges themselves, without ejainuof sha
dow of chum. * •
From the London Gazette, December 25,
_ 7 P^hg at once the flagrant enormitv of the
-’(TpRuciple—« is a case as perfectly parallel as
by
lat.
BRITISH ACCOUNT *
or tee capture of the Macedonian.
Admiralty Office, December 29. ;
Copy of a leuer irom capr. Joh n S. Carden,
laic commander of his majesty’s ship .the Ma
cedonian, to John Wilson Ci oker, esq. dated
on board the American ship United States, at
sea, the 28:h ol October, IS 12. *
Sir— It is with ibe deepest regret I have ta
acquaint you, for the information of my lords
commissioners of the admiralty, that bis majes-
late ship Macedonian, was captured on the
25'hr inst. by the United States* ship United
States, commodore Decatur, commander—the
detail is as follows :
A short time after day light, steering w. w.
w. with the wind from the southward, in
29 deg. n. and Ion. 29 deg. w. in the execu*
lion of their lordship’s orders, a sail was seen
on the lee beam, which I immediately stood
for; and made her out to be a large frigate un
der American colors; at 9 o’clock I enclosed
with her, and she commenced the action, :
which we returned; but from the enemy
keeping two points off the wind, I was not
able to get as close to her as I could have wish- ;
ed. Afier one hours action the enemy backed
and came to the wind, and I was then enabled
to bring him to close battle : in‘this situation I
soon found the enemy’s force too superior to
expect success, unless some very fortunate
chance occurred in our favor ,• and with this'
hope I continued tbe ba tie to two hours and
ten minutes, when, having tbe mizen-top-masts *
shot away by the caps, main-yards shot in pie- *-
ces, lower masts badly wounded, lower tigging i
aU cut to pieces, a small portfoh only ol the
foresail left to the fore yard, allfethe guns ba
the quarter deck and forecastle disabled but.
two, and filled with wreck, two also on the
main deck disabled, and several shot between
™ " ater > a ^ry great proportion of the
crew killed or wounded, and tae-enenrtr imeoocl
order, who had now shot ahead and was about- '
to place him,elf in a raking motion, without '
our being able to. return the fire, being a per-
tect wreck and an unmanageable log; IdeCm-
, P rad I c . nt ’ though a painful extremity, to sur- / ' •
render his majesty’s ship ; nor was tfusdread- S r
ful alternative resorted to till every hope of ' .
success was removed, even beyond the reach'
of chance, nor till, I trust, their lordships will ’
be aware, every effort had been made against '
the enemy by myself, my brave , officers and
men; nor should she have been surrendered
whilst a man had lived on board, had she beea.
. t } a u S °Z- y J° sa >'- oar lo » « *e-
ry severe ; I find by this days muster, 36 kitfo^
f* ot Jf'Xn lingered a short time after the bat- -
tfo; 36 severely wounded, many of whom can
not recover; and 32 slightly wounded, and
may all do well--tcial l04.
tffiqers and Out steady bravery of unfit®*; to ’'
rooment of the battle^ must ever r^u*