Newspaper Page Text
HOULE and *
y/Ul be fold, at the (enters Autlicn-P.ore
preiijely at 12 o’clock, on WEDNESDAY,
the z ,th infiant ,
f hat (boated HOL 1 SE and LOT*
af nrefent occupied by Mr. John I. Gray, Brough
ton-llrcct. ihe house is neatly ftnifhco, and con
veniert out hrufes- IndWputable titles. Term*.
a difiountabie nc/e at 60 days, with an appro/ec
endorfcc. X. M> WOOD3RIDGE ft Cos.
June 23. 76. Auctiomerf.
Tax Collector s Vales.
Will be fold, at the Com!-Houfe in the tarn of Bmnftuich^
on the till day of December next, the following
(TRACTS at LAND,
Situated in Glynn county ; or as much thereof af will pay
the taxes due end cop, represented as being in default from
1790 to 1801 inclusive, (unufs the proprietors, agents
r tnflees avail thenfelves of the tax laws in such case
made and provided) m.
Aa. of acres. To whom originally granted. Tax lefide cop.
. . D. C.
500, ‘William Graves, 4-5 2 5*
750, Lachlan M’Gilveray, 25 00.
500, Morgan Sabb, 43 2 5-
200) William Jones, 20 50-
700, James Stewart, 20 co.
600, Richard Fox, 4® 2 5*
250, Thomas Sullivant, 25 00.
2CO, J°hn Hopkins, 20 s°*
150, Raymond Demere, jun* 15 2 5*
cco, George Kuicaid, 2 5-
300, James Su’ler, cO
- Pcwell, T. C. Glynn county.
June 10. 7^*
Extra ft from an aft, entitled “ An act to re
vise and amend an /lft Suplemcniary to an An
f§r regulating the town of Augufla ; and to
amend an Aft, entitled an art for regulating
the town of Savannah, and Hamlets t,.eteoj ;
and for etherpurpojes,” pajjed the igtb Eeb .
it enatted, by the Senate and Iloufe of Re
presentatives of the State of Georgia, in General atfe-m
----bly met, That every owner of a lot in the cny, ano
every citizen of this state who is an occupier ot an
honfe, afitl iliall have refuted in the Paid city twelve
months previous to the day of eleflion of Aldermen
for the said city, (hall convene in fome place to be
appointed and publicly notified by the Mayor and
Aldermen now in office, at lead ten days previous to
the day of eleftion, within the said ward in which
they reside or own a lot as aforefaid, and eledl by
ballot one Alderman who (hall be a freeholder
in the said city, to represent them in the City Council
thereof ; Provided, That no house or tenement iliall
qualify more than one perlon to a vote.
Jin be it further enabled , Th. tis any person dial!
offer to vote who is not known to the prtfidiwg
mapiflrates to be a citizen of this (fate, and othcrwile
qualified as aforefaid, he (hall not be allowed to vote,
unless he (hall produce a certificate from fome court of
record, properly authenticated of his being qualihec
as such and having taken the oaths of allegiance in con.
formity to the ads of this or to the United S-ates
And be further enabled, That no person holding an
appointment under the Corporation ot the said city,
and for which he revives, a salary or other compenla
lion for hi* services, (hall be entitled to vote for an
Alderman during the the time for which he holds his
appointment.
And an extra ft from an aft sassed December,
1802, toauthorife the inhabitants of certain
Wards that now are or may be laid off in
Savannah, to vote for Aldermen.
Sec. > And be it further enaded, That from and
after the passing of this ad, if any person or per
sons, entitled to vote at the eledions for Alcermen
of the said City, (ball vote in any ward other than
lhat in which he or they may or shall reside every
person so offending (hall forfeit and pay to the cur
poration of the laid City, the sum of thirty dol
lars, to be recovered in a juflices Court of said City;
and every vote so given contrary to this a£L shall be
void and of no efted; and if such offender or
offenders, fliould have neither real or personal pro
perty with which to fatisfy the fame, he or they may
be committed to the common goal of the county
for ten days.
JUST RECEIVED,
And for sale by the jubjeriber at his fore , No. 6
Exchange, facing the river.
5 csfes 7-8 Irish Linen
2 ditto 4.4 ditto ditto
1 trunk black mufiin
40 boxes real long cork Claret in boxes of 2 1-2 to
7 dozen each.
The above will be fold for good paper at 60 days.
RALPH JACOBS.
June 23. 3 tf 7^*
BROUGHT 2 V GOAL,
A NEGROE Fellow who calls himfelf Pompey fays
he belongs to Mr. George Bealer near the Euhaws
South-Carolina he has a very large Iron on bis leg—-
iay he runaway about three weeks ago.
J ALSO.
A-VERY likely young new Negro f eow has on
a Black Hat with yellow binding, Oznaburg ffiirt and
Trowfers, bis upper fore tee ui field cannot teli his
same or who he belongs to.
7. P . OATES, G. c c.
Savannah June 21 1803.
Take Notice,
THAT after the expiration of nine months from
this date application will be made to the honorable
Joerior Court or Bulloch County for leave to fell two
hundred acres ot land in bid County on Nevels’ creek
adjoining lands of David Williams and Jerirmah
Malnafs being a part of the real effate of James Well,
decealed, for the Henefit-of the heirs and creditots.
James Cafwdl, /idmimjlrator.
June 9th p.tt 7 4
c „VWS and SHEEP WANTED.
CASH ana a generous price is offered fir,
from ten to twenty large good COWS is
twenty bend of SHEER that are of a good breed.,
Tise that have been ;at fed on the falls would
tre yreperrgd. spfly to the printers.
June 16—74— 2awtf.
C U * M N T S
ACCOMPANYING THE
REPORT OF THE COMMISSIONERS
ON THE
GEORGIA MISSISSIPPI TERRITORY',
Ceded to the United States .
( Continued.)
Tfu.eztions ashed Philip Clayton, h.sp.
Quell. 1 ft.’ Were you intimately acquaint
ed with Rfcberi Thomas, esquire, circeafed,
one of the Senate of the dace of Georgia, clu
ing the I aft fcflVon of the legislature at Au
,ufta, and did he live in your horde during
that session ?
2d. Had vou or had von not conveifanon
with him on the futqeft nf the fair of the
western periitorv of this fate, vvhilit that ftb
je<ft was in agitation, or before or after that
time r
3d. Did he or d<id he not tell you or give
you to underhand, that he held a fin re or
shares in someone or more of the con panics
who pure ha fed the lands, and did he or cul
he not make known to you that luch (bare or
(hares were given to him by the company or
companies, without being liable to pay any
money thoefor, and tlut his certificate dif
fered from thnfe given to persons out of the
legidature in that refpret ?
4th. Are you or are you not acquainted
someone or more of the grantees of the laid
companies, and have you or have you not
heard someone or more cf them fay that the
said Roberts Thsmas did receive a gratuitous
certificate for a share or shares in the pur
chase, and that he would not be content with
one in the uft-ial form ?
sth. Have you or have you not rhe
fai’d Roberts Thomas lay, that he received
any sum or sums of money from anv of the
companies, or any individual of those com
panies, ekhe-r in confederation of his snare or
Iharcs, or othcrwile, for being in favor of the
sale of the land, or have you or have you not
heard any member of either or the laid com
panies declare, that the said Roberts Thomas
did receive aay sum or sums of money for, or
on account of luch (hares or other wife, from
any of the members of the laid companies,
for that conuderruion.
6th. From every circumstance which has
come to your knowledge, do you or do ycu
not know or believe that the said Roberts
Thomas, or any of the members of the last
icgiilature, were abfoletely interefeed in the
purchase of the v/eftern lands, or drd receive
money or other thing to induce them or him
to vote for the fare thereof.
7th. Did you or did you not understand
from the question you put to Roberts Thomas,
when he brought you the money, and the
manner in which he anfwercd it, that he had
received the money for hi-s vote in the legis
lature, or being in favor of the sale of the
land.
Bth. Do you or do you not know the ailo
ciates of the refpe&ive companies ?
Quefi:. 1 — Anfwcr. I was intimately ac
quainted with Mr. Thomas ; he did live in
my house during that session.
2d. He had before, at, and after the pair
ing the act.
3d. After passing of the aft he brought a
considerable sum of money to my house.,
and ?(ked me to take care of it; I believe
it was two thousand dollars —-on which 1
asked him how he got it, or if hr got it
for his proportion of the land, or words
to that tffed ; he said, iris nothing to you,
take care of ir, and smiled.
g:h. I am acquainted with the grantees
of the companies, l never heard it from
any of them.
sth. I did not, but had my opinion.
6th. Ido not know, but suppose they were,
from general fuppofitions*
7th. I did suppose, from a knowledge of
Mr* Thomas’s circumstances that he could
not have go: that sum of money unle’rs it
had been in that way, either d*redtly or in
directly.
gth. Ido not. M, Longstreet executed a
1 enunciation of bower of lands belonging
to the Georgia company, in favor of Mr.
Maher.
(Signed) PHI. CLAYTON. .
Sworn to, as aforefaid.
JAMES TERRELL, efq. being duly
sworn, faith, Thomas Raburn, efquire,‘one
of the members of the last iegifiamre, said in
presence of this deponent, fome small time
after the riling of the general afTemblv, that
he, the said Raburn, had purchased a part of
the western lands, during that feilion and
whiltt he was a member of the house of repre
featativrs, and that he had fold it again.
(Signed) J AS. TERRELL. ;
Sworn to, as aforefaid.
JOHN SHEPPERD, efquirc, a mem
ber of the Lft legidature at Augusta, heing
duly sworn, faith, that just before the bill, for
the ditpolal of the western came before
he house at the last session, he had frequent
ccnverfations with William Longstreet, Eiq
roth ‘r member of the leg’flature, who
ecommended to the deponenc ftrcngly robe
in favor cf felling the lands, and if he would,
he should come in for shares to the amount
of one hundred thousand acres. The de
ponent said he did not think it right to leii
he lands, but the said Longstreet told him
if he would, he might make a fortune for
himfelf and family forever, or words so Mat
rffedh The deponent said it would be in
jurious to the community, and it would be
rdifpleaffng to our conftkuents to dilpofe of
; their rights. The said Longstreet then said
it was no matter, that the deponent nor him
felf nut care, provided they could ge.’
the land, whether thev ever came there again,
or words to that efreft. 1 hat the deponent
had a conversation \Y*uh Philip Clayton a;
the ft ate house about the 2crh of December,
1794, concerning the lands, when the laid
Clayton urged him, the deponent, to 8°
home; that the lame evening, the said Clay
ren called the deponent into his office, and
Colei the deponent that provided, that he
would give him, the said Clayton, an order
on the (beaker for his warrant, which he
bid, bv his calculation was 28 1 and go home.
;Tj-rcdiatelv and return no more, he would
oive the deponent seventy pounds.
The deponent anfwercd, that he had business.
up to vn, and returned to him no more that
night ; a few evenings afterwards, the laid
Clayton told the deponent lie need not be
angry with hitr, for that it was at the request
of general Gunn, and he would pay the cx
penL.
(Signed) JOHN SHEPPERD.
Sworn to as aforefaid.
(To be continued.)
KOSCIUSKO.
Written in December, 1794 by w. smith.
Has Freedom’s flame .thy bread illumed ?
Has reason there her rights aflumed ?
....Warm will thy bosom feel and glow
For human bliss, for human woe.
Ages roll, and fee unbleft
A nation ftretch’d in iron red !
An hero calls. . wi e ope her eves....
Falls he ?....in death again (lie lies !
Saw’fl thou, on yon nothern plains,
The (lave exulting buril his chains,
W hile Freedom wave’d her banners high,
And twin’d the wreath of victory ?
Proudly fwell’d thy gen’rous heart ?
W arm to thine eyes did rapture start ?
The banner finks the wreath is torn....
With me for kosciusko mourn.
From the 80/lon, Gazette,
THE DEVIL OUTWITTED,
OR,
A NEW ATTEMPT AT SWINDLING,
The following very lingular traniachon a&uallv oc—
cured in a Village, not many miles difeant from Bollon.
A single Gentleman who ha ! a considerable quantity
of specie, and who ha’ been in the habit of accommoda
ting his neighbours with loans of monev, a few days
since, had received a payment to the amount of Sco
dollars, and late in the evening was returning home,]
when he acceded by a being, whose external habil
liments, it seems, fr.ggelted to his immagination the
exa& similitude of the Devil; and who boldly demanded
of him, the sum, of 1000 dollars. > Terrfied at this
.abrupt and fearful interview, the Gentleman told him, he
had not that sum by him. The firange personage re
plied, that he knew he hal it, and that he must lot him
have it immediately; the gentleman then told him that
he had but eight hundred dollars by him, but that if
lie would give him time, he would procure the remainder
of the sum he required. The devil accordingly took
his word, and appointed the next evening at the hour
of ten to meet him at his own heufe, and threatened,
that unlcfs he then fulfilled his promise he would carry
him o'T. At the fame time enjoining the moil pro
found lecrefy as to this, & their future interview. Not
having the remainder 01 the money on hand, the gentle
man was obliged to borrow the deficiency. The man to
whom he applied knowing his circumitances, exprefied
his surprise at the request, particularly as it seemed to be
of the moil urgent nature, and as the gentleman appeared
•extremely agitated, and anxious. He accordingly de
sired to know the reason of his application. Tiie
gentleman replied it was of the utmoii consequence, and
he should be ruined forever unless he could procure it.
His friend then told him he .had the sum he wanted, but
that he could accommodate him on no other condition,
but that of knowing theufe to which he would apply it.
In this dilemma, he wifely concluded, of two evils to
chufe the least, fuppoling that if the eflehtial part of
liis engagement was punctually complied with, the devil
would be civil enough to absolve him from promise of
fecrefy. He accordingly in a very feriojs manner,
difelofed the whole tranfaclions of the preceding even
ing. His friend then gave him the money, with per
mifiion however, to be present at this fingnlar interview.
He accordingly Lcreted himfelf with a loaded pistol in
a little cloiet in the room; and at the hour appointed,
this chief of Pandemonium punctually appeared to
receive kis money. At this infiant the man in the cloiet
stepped out, and presenting a pistol to his bread,
demanded who he was, and threatened to fire unless
he immediately divested hknlelf of his Hate rebes ofdark
nefs. Confounded at this unexpected rencounter the
poor devil left all his fupematural agency; he was com
pelled to lay aside his crow f n of horns and cloven foot
and stood exposed a near neighbor of both parties, de
tected in this lingular feheme of plunder. It seems
this m3n knowing the day before that his neighbor was
receive a large sum of money, conceived this plan toim
pofe on his fuperftkion and credulity and rob him of one
thousand; dollars. In this instance the devil was com
pletely outwitted, and by over-looking the eight hun
dred dollars, which he might probably have in this
manner, secured, to obtain a thousand he loft all; and
is now accommodated with lodgings in a Pandemonium
little more agr. vi .le than that where it is said, the cha
racter which he meant to perfcnily resides.
BANKRUPTCY.
The follcvo'mg judicial opinion delivered in the My-'’ t
Court of New- Tor h, on the operation cf 1 b Bnuhupt
system of the United States, is the first on the srJ’jeCt. I*
wi !be found of considerable importance to ice comm, rau
community, ‘whose interests ere intimately off tiled oj t
constructions arul adjudications of the extent and free of
this Statute. The decision, <ii'e understand has been ic
quiesced hi.
NEW-YORK MAYOR’S COURT.
Widdinglon A Auchinvole, assignees &f M*Cready,
versus Morris
This is an adlion of Trover, brought by the as
signees of a bankrupt to recover the value of certain
goods delivered to the defendant, in iatisfaftion of a just
debt, under the following circumstances.
The bankrupt finding his affairs defperatc, on the
28th of Auguil, being Saturday, fuffered his note to
be protested, and was denied to a clerk of the creditor,,
who came to demand payment, and as lie afterwards
confefled, purposely to avoid feeing his creditors or his
agent. Oil the 29th, Sunday, he delivered parcels of
goods to a creditor (who found him taking an invoice
of his (lock) in fatisfadlion of his debt, and 011 the fame
dav the defendant (alio a bona fide creditor, for money
lent to the amount of 2co dollars) called on him, and
requelled that he would deliver goods in fatisfacftion of
his debt, which after hesitation was agreed to by the
bankrupt, who said, that as he could not go on, the
defendant might take goods in payment, and thereupon
delivered him goods to the amount of 267 12-100 dolls,
in order, as was exprefied at the time, to cover by this
excess, any loss on the sale of the goods at amftion. The
defendant did not at the time of receiving the goods,
threaten any prosecution for his debt.
On Monday, the 30th coivmiifiion of Bankruptcy was
sued, Plaintiffs were afterwards duly appointed Aflignpes,
and demand made of the goods.
On this case the following questions are raised for the
determination of the court :
1 ft. Was the denial to the clerk of the creditor oa
the 28th, an afl of Bankruptcy ?
2d. Did the delivery ol the goods to the defendant
veil any property in him ?
The opinion of the court on the second point, will
render a minute investigation of the lirfl unneceftary ;
but as it has been raised, we will notice the difference
between our statute and those of England on this point.
The ael of bankruptcy by the English statute, is de
feribed limply by the terms, “ beginning to keep his or
her house or ofherwife to abfer.t him or herfelf,” 1 Jac.
I. 115 nrjd the courts have conllrued a denial to a cre
ditor with intent to delay or defraud, to be a “beginning
to keep his or her house,” under the statute. Our aA
however, adds to the word used by the English statute,
the qualification, “io that he or flic cannot be taken ov
served with proeefs,” which would seem to imply a
necessity of (hewing that proccis had really been sued
out, and attempted to be served.
3d. The second point is of the greatest consequence
to commerce. The decision of it will determine how
far the fyftent of Bankruptcy is to have a favorable ope
ration on the interests of commerce. We accordingly
find that cases of a similar nature have engaged the
closest attention of the English bench, and we have
fortunately the result of their labors to guide us in our
judgment That a debtor being about to fail, flnculd
not have the liberty to distinguish between his creditors,
to repay the friendly indorfer or furcty, who may have
resigned his all to serve him, and fuller .the hard dealer
whose extortions may have produced his ruin, to come
in for the residue of his property, that creditors of
these deferiptions fliould be placed on a perfect equality,
seems at firft to (hock our ideas of equity and juflice,
and the want of refledlion makes us almost abhor the
law which calls the fatisfadion of the firft debt a frau
dulent act.;
But when we confider that the objed of every fyftern
of insolvency is to prevent this difrretion in the debtor ;
that the connedions, the partialities, the pafiions, and
frequently the fraudulent views of the insolvent, will
prevent his making that distribution of his effeds which
justice requires; we shall not arraign the law which
takes the apportionment from his hands, and places
it beyond the reach of his partial views.
The case cited by Cooke, 376, and Harman vs. Fish -
.Co'w. 117., turn on the transfer being
fore the ad of bankruptcy committed.
Worsfly vs. de Mottoi-e, 1 Bur 474, was decided on
the fi awduleirt badges affer.ding the transfer, it was cf
the bankrupt’s property ; and possession did not accom
i pany the deed. But the case of Linton , Bartlett,
! id. Get. M S. IS’. 3 Wills. 47, cited by Cooke, 380, is
completely analogous to she present; there the transfer
was complete- Possession accompanied it, it was for
only a small part of the bankrupt’s property I the ven
dee had no knowledge or suspicion of the insolvency,
and it was to lecure alum advanced without interest,
and by a hrother from motives of friendl'nip. Yet be
cause it was clone ill contemplation of Bankruptcy,
voluntarily without threats or felicitation, and with a
view of preferring one creditor to another, it was de- 4
dared fraudulent and void. So in the present case,
though the defendant is a fair : nay meritorious credit
or ; yet as the Bankrupt, without pressure or threat
of legal proeefs, with the express purpoie of giving a
preference, delivered his goods on the eve of an act of
bankruptcy, and to a greater value than the debt, it is
dearly a fraud upon the operation of the law, which.
would be, and too frequently has been defeated
practices of this kind.
It the debtor can prefer one, he can prefer any num
ber oi creditors, to the whole extent of his capital*
and the law would become nugatory. It is
therefore to be known, that the courts will carry!
the law into operation, and if any serious ‘doubts areq
entertained againil thf judgement now given for the
plaintiff, it is recommended to the parties to change
the case into a special verdidl, that it m3y undergo the
rev. Hon of a superior tribunal.
The points on which we have decided, make it
necessary to fay any thing of the admifilbility of the
teilimony objected to.
Notice.
ALL persons having demands against the eftafeo r
William Kherard, late of Liberty county, deeraf*
ed are requeued to render them propifrly attested,
and those indebted, to make immediate payment, t
John Jones, Adm’r.
Liberty County, Bth April, iSc>3. 5 5
FOR SALE ,
A TRACT es Land containing 500 acres orm
there abouts , Prime Cotton and Rice Land\
fituatedin Liberty County near Ricebcrcugh ;1
Enquire aC the hull ten Store Commerce Row, of]
I. M. MQNNOX. \
Apr! 4 1803. j