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the dilcretionofthe Proficient of the United States;
confcquently lhould qualified persons appear in
truded with negotiatory powers, the liate will
of course give every sanction to el'tabiiih a peace;
Ail!, however, keeping in view her fovcreign and
retained powers, with such conditions as will do
iuftice to her citizens through the channel of her
commkiioners at treaties: During the present
Creek warfare there appears to have been killed
about twenty whites by Indians, and eleven In
dians by whites;—in addition to this information
1 have the honor to communicate, that I have in
fafe keeping eight prisoners of that nation, which
under every principle of fafety and policy ought
to be retained as such, until our captives are re
stored, and until a solemn ratification of peace,
r.uy be e hefted. The powers heretofore recited, ,
are of great magnitude to the republic, and I trait,
gentlemen, your collective deliberations will be
engaged in palling arts explanatory of them, as
weil as of other retained sovereign rights which
appertain to the individual dates.
There appears an incompatibility in our mili
tary fyftetn, the letter of the Secretary of war
dated the 30th of May lalt, indicates a diftinrt
command to devolve on the Federal Comman
dant, and has in view no doubt to consign to his
charge and direction the defence of the ltate ;
if this be the price of federal aid, would it not be
advifeable, that the location of the troops be
changed to fdme active feene, or placed on the
fourhern barrier of the United States where na
tional objects are in view i Fc-r certain it is that
a fubmifiion of this nature cannot he made by the
republic. Should a failure in the line or supplies
take place I mult recommend to your serious con
iideration the making proviiional arrangements out
of your exilting funds to guard againlt so critical
an event; and this ought to be done without lay
ing any burthen of taxation, the pre-emption of a
part of the territory of the aggreiTors ought to be
the price of peace, for their unprovoked hoitile
proceedings againlt the persons U property of the
people of this ltate; the Talleflfee county has had
as clear an extinguishment of Indian claim, as any
other part of the date, and at the jrefent period
ought to be contended' for, as the settlement
of this part of the ltate will be productive of sa
lutary efterts by giving fccurity to the weak parts
of our country and lhortening exceedingly the line
of our frontier towards the Creek feitlements.
The “ art. for pointing out the mode under
. which propefty reverting to the fcate lhall be dis
posed of” has been progrelfsd upon by the Depart
ment of Attorney-General, by proceedings on
fomc bills of forccicfure being ended ;—they have
only reported in part, this, with other eaufes, has
operated again it my taking order on the aforefaid
art ; —the period is now arrived when this art
can have a Constitutional revision, which no doubt
will take place ;—permit me, to propose among
other matters that may orefent themselves to you,
to provide checques being pointed out on the fe
vcral Sheriffs, either by Legislative definition or
by powers to the Executive to guard this resource
fromjmdue advantages being taken, or collulive
means being cxcrcifcd.
The system of confqlidation of the several judi
ciary arts carries so feeble a representation of iurif
prudence, that its reviuon will be indiipenfible.
Notwithffanding, certain amendments have ta
ken place in the federal conftitntion, it (till rests
with the (tarn logiflatures, to ail thereon as cir-
Cumftances may dirtate, so as to make it more de
finite. A process from the Supreme Court of the
United States, at the inflance of Chifhohn execu
tor of Farquhar, has been lerved on me and the
Attorney-General; I declined entering any ap
pearance, as this would have introduced a prece
dent replete with danger to the re 'ublic, and would
have involved this state in complicated difficulties,
abllrarted from the infractions it would have made
on her-retained fovereigntv, the lingular predica
ment to which Ihe has been reduced by savage
inroads has caused an emission of paper, upwards of
one hundred and fifty theufand pounds since the
close of the late war, a con fide table parr of which
is vet out Handing, and which in good faith and
.uoon constitutional principles is rhe debt of the
United States; I fay were actions admillatble under
such grivous ci remittances, an annihilation cfher
political exigence mnft follow, to guard against
civil difeord as well as the impending ■ danger,
permit me molt ardently to request your molt se
rious attention to the measure of recommending to
Cf* T,errifiaturcsof the several Hates rhat thev clfedt
a remedy in the premies by an amendment to the
<mutation; anu that to give farther weight m this
matter the Delegation of this ltate in Congress be
required to urge that body to rrooOle such an
a w'vlment to the said several Legiilatures.
As no ru'd nary operations can ue !u ported on
■v ine’.pies oi immediate taxation, and as itl»ee.omcs
a duty Incumbent on us to ease our conftituetits, as < 1
far as the nature of the case will by any means
admit, let me recommend that the .tax ot the present
year, do not exceed the tax imposed by the ad
of 1792.
r A provision for the revifal of the coaßitution of
this ltate, will be required.
I have to recommend to your attention the dis
tressed families of‘ such perl'oas as have fallen by
the savage hand in the defence of their country.
EDWARD TELFAIR.
[The foregoing communication being read in
the liodfe of P.eprcientatives, it was ordered,
That such parts of the said communication relate
to the finances of the Rate, be referred to the com
mittee on finance ; and that the remainder of the
1 said communication be referred to the committee
a; pointed to join any committee that may be ap
pointed bv the Senate to take under their confide
i >
ration the ltate of the republic.]
In SENATE, November 7, 1795.
THE Senate took up the resolution from the
House of Representatives relative to the publica
tion of his Excellency the Governor’s communica
tion, and the fame being read was concurred in.
Extra.fi; from the 'journoli
THOs. WATKINS, Sec'ry.
fro ■;?. the. National Gazette.
VARIOUS opinions having been published re
fpeding the Suability of a State, and
the public mind being engaged on the fubjedt, it
may not be improper to publiih the loliovving ex
tracts from a Work, which was considered by the
friends of the confiitution as a candid conßruction
of its several parts, at the time it was adopted by
the people. A CvnfifUnt Federalijl.
“IT is inherent in.the nature of sovereignty,
not to be amenable to the suit of an individual
without it s confetti: this is the general sense and
the general practice of mankind, and the exemption,
as one of the attributes of sovereignty, is now en r
joyed by the government of every Rate in the
union. Unless, therefore, there is a surrender cf
this immunity in the plan of the Convention, it
will remain with the Rates,, and the danger inti
mated muR be merely ideal. The circumßances
which are neceflary to produce an alienation of
Rate sovereignty, were difeuffed in considering the
article of taxation, and need not be repeated here.
A recurrence to the principles then ertablifhed will
fatisfy us, that there is no colour to pretend that
the Rate governments would, by the adoption of
that plan, be diverted of the privilege of their
paying their own -debts in their own way, free
from every coaftraint but that which flows from the
obligations of good faith. The contracts between
a nation and individuals are only binding on the
conscience of the foverejgn, and have no preten
ftons to a com pul five force ; they confer no right
of action independent of the sovereign will. To
what purpose would it be to authqrife suits againß
Rates for the debts they owe ? hov«||oul(l recoveries
be enforced r it is evident that it could not be done
without waging war againß the contracting Rate;
and to aferibe to the federal courts, by mere im
plication, and in dertruftjon of a pre-exifting right
of the Rate government, a power which would in
volve such a confcquence, would be altogether forc
ed and unwarrantable.”
1 * lERALIST, Vol. 2. p. 316.
ii ui\ T, ST A iJL IN GS^oT
Align ft a, November 9, 1793.
WHEREAS on the 23d of Auguß 1792,
MdTxs. Hunt, Stallings and Co. merchants
nnd fa&ors of this place, assigned over their flock
in trade, book debts, bonds, notes and every spe
cies of property belonging to that Co-partnerlhip,
as well as every part of their personal property, by
an instrument now on the records of Richmond
county, to us Birch and Ouvry,. merchants of the
city of .London, and other of their creditors, for
a debt then due as for property before advanced the
said Hunt, -Stallings and Co. to carry on their bu
siness here with the planters as merchants and
feftors.—Thefe are to requefl that all perions
indebted to that linn, or to the personal eflate of
either of the Co-partners, and also all those plan
ters which the jiouie of Hunt, Stallings and Co.
are indebted to for produce put into their hands
on commiiuon, will apply before the iR of Janua
ry iiext, ai the late store of Hunt, Stallings and Co.
to Chan:beriain Birchor Stratford Brown, who are
•the only perions authorized to give difeharges or
fettle the ahairs of Hunt, Stallings and Co.
BIRCH & OUVRY.
N. B. The late Rock in trade of Meifrs. Hunt,
Stallings and Co. Will be Sold, on or before the
.ioth in it, for cafn, produce or such b : i!s as may
fee approved of payable in London. For particulars
apply to ?vt. C. Birch at the late tiore ot Mefirs.
• Hunt, Stalhngs a;>d Co.
STATE-HOUSE, Augujla, 03. 30* 1793.
.A letter dated this day from the Adjutant-
Genenerai was read, vvherepon,
Gfivtrnmcnt-Houje, Augujla, 03. 30, 170?
GENERAL ORDERS..
THE Adjutant-General is direded to annex to
the pay rolls, the names of all officers, who have
been or may be in adual service in the field, since
the nth of March last : The nature and time of
fach service being firft certified by the commanding
officer of the division to which such officer or of
ficers belong.
By order of the Commander in Chief.
J. MERIWETHER, A. D. C.
*** The Printers of the Georgia Gazette are re
queued to insert ike foregoing.
STATE-HOUSE, Augufia, OBober
30, 1793.
THE Kindred and Friends of captives now in
the Creek Nation are severally required to
transmit to the Executive withoutdelay, the names,
ages and sex of such captives, with the names of
the towns or places of their captivity, and other
descriptions of identification, preparatory tor their
redemption. This notification to be pcbJiffied in
the several Gazettes of this slate.
A-test, J. MERIWETHER, S. E. D.
STATE-HOUSE, O3ober
30, 1793.
ORDERED, That allperfons from whom pro
perty have been captured by Creek Indians
since the 11th of March last, do withoutdelay
exhibit to the Executive Department, deferipfrve
and attested accounts of the property so taken, to
gether with the value thereof. And thst this
Order be publiffied in the several Gazettes oi this
state.
Aiicfi, J. MERIWETHER, S. E. D,
Lyl °f Defaulters in Col. 'John Clark’s Battalion,
Wilkes County.
Capt. James Armllrong’s Diftrid. John Wil
liams, Abner James, Jesse Holloway , Thomas Stnb
bl field, George Cowan, John Wakefield) Thomas:
Norton) James Parks, John Holloway . f
Capt. William Duke’s Diftrid. Thomas Sivan,
Archcy Hinderfon, Hannah Ryals, Obediah Owens,
John Wyatt, Elijah Lambert, Shadrack Carpenter-
Capt. Thomas Gresham’s Diftrid. John Horn,
Isaac Whitacker, Alexander Murfey, William Shorter,
:ohn Dear, John Leach, John M ( Gra, William
Moor , Clabrook WiUiamfon.
Capt. Robert Morrow’s diftrid. Johnißa
mey, Jean Warren, Judith Ramey , Wm . Evans .
Capt. William Spruce’s diftrid. Daniel Stur
ges, Benjamin Elliot, John Romey , Richard Por
ter, Dudley Runnels, Joseph Ryans, Wm. Patter
fun, Timothy Warhurjt, William Cox, John Ro
rie, Thomas Wagnon , James Griffin, Peter Kent ,
Francis Morgan, Jesse Saffield, ' Williaw Wither -
Jon, Green Bailey, Robert Colemer, Thomas Chi
vers, John Thompson.
Capt. Thomas Brown’s diftrid. Thomas Bow
ling, Nathan Carter , Thomas Fofler, John Stew
art, Jesse Thompson, Ezra Roberts.
Capt. John Freeman’s diftrid. Stoval Pool,
William Wade, JoJhua Hightower, S ter fag High
tower, William Partin.
Capt. John Holme’s diftrid. Glover Crain,
Elkannah Denfon.
HENRY POPE, R. T. R.
°f Gol. John Clark’s Battalion.
October 17, 1793.
sheriff’s SALES.
On the jirjl Tuefday in December next, at
the Market-house , in Aupufla.
WILL BE SOLD,
ONE Trad of land in Wilkes county, at the
mouth of Little river, called the fork
plantation, containing 500 acres,, more orlefs, ori
ginally granted to William Pain.
One other trad of land containing 200 acres,
on the Savannah river, and opposite the above trad,
granted to Samuel Pain, Columbia county.
AUo seven Negroes, among which are some
young, handy house servants, seized as the pro
perty of the estate of Andrew M«Lean, Esq. dec.
and fold under execution of Sir George Houston.
JAMES RICHARDS, S. R. C.
Augufla, Nov. 1, 1793.
BROUGHT to gaol a negro fcl
’' ‘ W> ky s his name is BILLY,
belongs to Benjamin.
Ilhams, of South-Garafimv
Goose creek, he is of
plexion, about 5 feet 10 inc’rr?
, high The owner is ro
prove his property, pay charges and take bio* away<
Wm. BARRON,. G. L. C.
WaynffboTougk, Nov. 7,. 1793-
l attali'on,
Glover Crain,