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SATURDAY, November 13* 179a.}
THE AUGUSTA CHRONICLE
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GAZETTE of the STATE. ‘ - .
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FREEDOM of the PRESS, and TRIAL bf JURY, rtiall remain inviolate. Cutjiituiitn of Giorgia .
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AUGUSTA: Printed by ,J O H N E. SMITH, Printer to the State*, EJays t Articles of
Intelligence , Advertifemetits , &c. will be gratefully received , qnd every kind of Printing performed.
ft
From the Charhjion City Gazette,
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INDIAN TREATIES.
* Nullius ad did us jurart in vet ba magijlri.*
v . a-
Meffra. * '
T HE late Indian treaty made at New-
York, will, I think, become now a
ttft* whether the United State# have any se
parate territorial right#, and in Ihort any
fights or privileges at all: And perhaps may
fepn exhibit to the world one of the most ex
traordinary phenomena in the political hiftory
of human events. Three millions of people
and upwards to have contended with every
stdveric evil a*moft in nature for ten long
years, to obtain their just rights and liberties
from one of the greatert powers on earth, and
in seven or eight years thereafter unconditio
natly to deliver them up or submit them to
the arbitrary control of a mere servant, a Se
cretary at war, is a circumftante Scarcely
.r.diDlc t
Sic volo , sic jubeoyfiat fro rat tone vduntat,
is the true language of despotism ; and when
a people fuller this to be the only rule of their
civil government, all freedom is at an end,
»nd they are but fit for the yoke. Ex port
fafto laws—on the depriving of a citizen of
liis freehold and poffeflion—on diefranchifing
- him of his rights and immunities, without
legal trial by judgment of his peers, 16 a feb
verfion of every thing which can be dear and
facted to an American, or which can be Va
luable to a freeman ; and more is the tyranny 4
when done by the will of a single perfod.
The dates; Isll of late, always exerciftd the
power of making treaties witlf the Indians
within their refpe&ive territorial limits, .un
der certain regulations of Congress. The
treaties of Augufia in 1783, that of Galphin
ton in 1785, and of Shoudcrbone in 1786, by
the late official report to the President of the
m United States, are therein certified to have
teen conducted with full and authorifed re
presentations, and with lubflantial form and
good faith} if so, they were and are valid,
and every right and claim derived under
them, mull be full and authorifed, and fobftan
tial also; and the right of Georgia confirmed in
the territory acquired by them, as well as
jhofe who held any of tb'' said territory under
the grants of that ft ate. The people, there
fore, who have fettled under the grants of the
Hate of Georgia, on the lands of the Tallaffee
county? held them by the ftrideft and most
legal titles poflible, and on the fame solid
footing that the most antient titles of any part
of the flares are held by any of their citizens.
But we are told the power of making treaties .
Jays in the President and Senate by the Fede
ral Constitution. It is true it does so; but
I deny that the President and Senate of the
United States can take away the legal free
hold and inhentauee of any one citizen of the
Hates; and God forbid auy futh power Ihould
exill! They can make war and peace—they
may by treaty cease to contend for any terri
tory of the Hates, rendered b\ an enemy, and
agree they fliall hofl it by right 0/tongue/
they may by treaty give up any territory eon
autrtd by the artna of the union— they may
ly treaty give up any of (be Jederal territory.'
But they cannot, I contend, by treaty, give
Vp any -l ifcf snmni luruory it any of (U
GEORGIA.
'
Hates,, then in their aftual pefleflion, and
which they held originally under their state
sovereignty and jurifdiftion, and which has
not yet been ceded by free gift or sale to
Congress. Covgrejs never did even claim a
right to any of the foil within the' ancient
boundary of any state, but by cession ; the al
ways got it only m this Way ; and the had
entered, ’tis well known, into negociation
with Georgia for the purchaft of her vacant
territory. But if Uuder the 'right of foreign
negociation or treaty the President and one
branch of Congress can barter away any part
of a state, they may equally the whole, or
any man’s property or plantation in it. They
may give part of Georgia or Carolina to the
Creeks or Cherokees, Part to the ChoClaws,
part 10 the Chickefaws, nay part to our do
mestics foo, and leave nothing but Charleston
and Savannah to the old citizens : and after
all make the Georgians and Carolinians aliens
in their own lauds; disfranchise them of their
‘privileges, and turn them put of houfc and
home, to gain the friendlhi|> of savages. Has
not as bad been done ? D-x* not the treaty of
peace leave all perions within the Creek boun
dary at their mercy ? at the mercy of savages
too ? Is this the protection of government f
Is this the boasted protection’of a free govern
ment? When the fettlera of the Talaffee
county are <hus, /without notice or mercy,
thrown into the Creek nation, an£ cast off
from their country, diffeifed of their free
hold, and disfranebifed of the protection of
the government. What had they done ?and *
who were they ? Why they are veterans in the
service of their country, who had fought for
its glory, honor and happiness ; who by theif
blood and sweat had earned her dear bought
freedom : that freedom the now vainly boasts
of; and who bad no other hope of their lives
left but this territory, bellowed on them by
the bounty of the state of Georgia, to com
fort the remainder of their days, and to give
bread to their helpless offspring.
The United States in their firft confedera
tion expressly guaranteed to each state her
sovereignty and independence ; the said Hater
in their second confederation, form a l union of
power and government only, and that under
- certain reftridious; for even there, by the
third feClion of the fourth article, the terri
torial right of Congress is expressly confined
only to federal property, and excluded fr m
prejudicing the territorial claims of any state.
By the law of Georgia in 1783, for open
ing the land.office, the territorial limits of
that llate«are expressly declared, in pursuance
of their old chattered rights, and by the
late convention between South-Caroiitia and
Georgia, those limits are warranted by the
state of Soutb-Caroiini to Georgia ; as well
as by the cession of Carolines vacant territo
ry made to Congress.
If ouce also you attempt to destroy state
rights and state boundaries, you are one uu
dillinguiihed mala or body, and no longer
thirteen Hates.
The affair of the proprietors of lands be
tween Tugalo and Kcowee, in this state, is
also curious: the people are citizens of this
state, fubjeft to ita local jurifdirtion, and
partake in the legiflatieii, end at fame tints
by this treaty, are fubjeds and tributaries of
Congress 1 this is obeying two mailers with a
Vfngcaaif* An mpteinm in import* iud**ed I
0 F T A X E S.
ON Tuefday Taft, whilrt contributing m s
modicum to the fuppott of the govern
ment of I perceived that in the
book in which the Receiver made his entries
of taxes paid ; inttead of the several columns
*as direfted by an order of the Executive and
published in a former paper, the different ar
ticles arc all comprehended under the heads
of “ cafli” (which means paper medium) and
** Libs Tobacco”—From very good informa
tion I am induced, to believe that more Col
leflors than oue follow the fame plan;—their
intentions may he thus anticipated ; —they
will receive a considerable quantity of fpecie 9
and pay into the Treafnry Specific Warrants
in lieu thereof—l confefs, ss the Tax Aft
reads, there appears forae room for this /pe
culation \ but when the after intervention of
* government is considered, and the cleared
form therein pointed outs compelling the Col
lectors to pay into the Tteafury such money
or fpecifics as they may receive; this abuse is
entirely done away—l grant that .here is dill
one door for speculation, when the payer and
collettor come to a bargain or compromise,
and a certain sum is. paid on condition that
the collector (hall fettle for such taxi—how
ever the revenue may be defrauded by tbi*
. mode of payment, yet, there is an equity ii#
it, in as much as the payer is advantaged by
the dtfeount as well as the collector is bv th#
advance : but why must any other etnolu-f
► ment accrue to collectors thau-thofe flowed
by law I—ls there is not fufficient provifiorv
made for ihefe officers, it is the business of
the Legiftature so to do, and not fuffer the
revenue of the date to be asperpetual fund of
fpeculation—lt is the duty of every individual
who has paid the fpecific part of his tax to the
full ampuat in specie, to inform himfelf how
his payments ate slated in the colledor r s
monthly returns, whioh, I conjefture, will
not be made very puudually; but, it is #
pleaf.ng refledion to the well-wishers of pro
priety, that power fufficient to rurb Uieftf
abuses is lodged with the Chief Magistrate,
and that his attention to the fub>e& of finance
is such, that it may be presumed, -a pecula
tion of this kiud will neither pass undetected
nor unpuntthed.
An OBSERVE*,
STOCKHOLM, Juljr ij.
THE Fmdland mail of yeflerday, and •
tueffenger from the Duke of Suderraa
nia, who arrived in the evening, brought the
news of the defeat of the Swcdifh fleets by
those of Russia, on the 3d and 4th inftaar.
An uitfuccefsful attempt made by the King
of Sweden to. destroy the Ruffian coarting
squadron at Wyburg, and the approach of the
Priuce de Nalliu with the Chronfladt divifiorf,
had alteady rendered the position of the Swedes
at thl entrance of Wyburg B ly extremely cri
tical, wlrn tbe scarcity of ammunition aud
the want us provifioos made their remta to
their own porte a measure of necefDty.
The King refused therefore to avail him*
felf of a flroug c Herlv wind, which i*e» to* on
the >l, and to set fait w>*U U»U» flceu toe
hwenkfumi and bweaborg,
The gland fleet had to penetrate through •
' yt(i, M# te UfUia tin ere el sots
[Vol. IV. No. CCXIV.]