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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,