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SATURDAY, February 28, 179 J.
THE AUGUSTA CHRONICLE
- ' AND
GAZETTE of the STATE .
FREEDOM of the PRESS and TRIAL by JURY shall remain inviolate. Conjlitution of Georgia,
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AUGUSTA: Printed by JOHN E. SMITH, Printer to the State,* Ejfays , Articles of Intelligence, Adver*
tifements , &c. will be gratefully received , and every kind of Printing performed, [Price l’hrec Dollars per annum .]
GEO R G I
Jn the SUPERIOR COURT for CHATHAM
COUNTY, io th February , 1795.
Present JUDGE WALIO N.
'HE Grand Jury brought in their Piefent
ments, which were ordered to be entered
of record in the Court Books, and publilhed in
the several Gazettes of this Bate, together with
the Judge’s Charge ; and also, that copies be laid (
before the Convention and next Legislature.
A true copy from jhe Minutes,
JAMES BULLOCH, C. S. C. C. C.
Gentlemen of the Grand Jary^
SINCE my arrival in the county, nothing has
presented itfelf, in a judicial view, which
seems to require from the Bench any particular ,
eharge. The Solicitor General informs me, that
the criminal business before the court, heretofore •
so much and so urgent, is small ai d inconfideiable.
This is peculiarly fortunate at this time; for the
civil doequets, in yielding to the llate calendar for
several terms pad, have accumulated to a great
degree. That of appeals is fald to contain many ,
cases of intricacy and importance, and which have
been of long Handing; and to that, therefore, it
is my duty to request and to direst your attention.
tVhilfl you are out on the a; peals, the Petit Ju
ries (hall be occupied on the common issue docqueis;
and when the special cases shall be tried, or other
order taken upon them, you will have opportunity
for deliberating on your presentments.
It certainly, Gentlemen, ought to be matter of
great confutation to us, that, while the nations of
Europe have been so long agitated by the prepara
tions and violences of war, the United States have
been able to preserve their peaceable eflabiilhment,
and to exercise and enjoy the duties and blellings
of society and government. And it is as surely ihe ,
duty of all of us, to endeavor to appreciate our
advantages, by cultivating the principles of harmo- ,
ny and good order, and the refpeft and obedience
due to the laws. The spirit of licentiousness has
often assumed themafk of liberty ; and thence were
the evils that lately oppressed a filter itate; but
which have happily issued in the proof of the good
jiefs, the firmnefs, and (lability of government.
In looking back, Gentlemen, to the proceedings
of the last term, a presentment is found againit a
-then recent encroachment upon the hunting grounds •
of the Indians, between the Oconee and Okemul
gie rivers. That has been removed; and the per
sons who contemplated that fettleinent have wiih
drawn themselves. The Legislature has Cnee pas
sed an aft having for objeft the extinguifliment of
the Indian claims, and the settlement of that land
by lawful authority. For which, and other pur
poses, a part of the weflern territory of the (late
has been fold by an aft supplementary to the for
mer; and a fura, more than fufficient for the firfl
purpose, has been paid into the Treasury. Should
she objeft of that settlement be speedily accom
pliflied, it will be of very great advantage to the
llate, by forming a barrier againfl the Indians, (as
I mentioned in my charge to the Grand Jury lafl
summer in Glynn county) and by increasing the
quantity of exports, i't being said to be one of the
xicheft spots of land in the United States.
This mode of difpoflngof part of the vacant ter
ritory of a flare, has been found ufeful in several
of them; particularly, in Massachusetts, New-
York, and Pennsylvania. It brings into the trea
sury funds for immediate and permanent use, re
lieves the burdens of taxation, and increases the
value of the remaining territory. Our wiflles (hould
be, that these happy effefts may be realized in our
.own llate.
GEORGE 'WALTON.
Savannah , Chatham County , 3 d Feb. 1795.
THE Grand jury are furry there (hould lie oc r j
cufion to bring forward any matters as griev-
GEORGIA.
ances; but it becomes a more painful talk ro them J
when they feel themlclves under tae necelfity of I
reprobating public measures. At the fame time,
the duty they owe to their country, and the oath
they have taken, compel them to bring into the
*view of their fellow citizens all such matters as they
conceive will have a tendency to injure the com
munity, and to express their sense of the fame in
plain, decent, and firm language.
We therefore, the Grand jurors for the county
of Chatham, without fear, tavor, affeftion, or
hope of reward, do on our qaths present the follow
ing as grievances.
ill. We present, as a grievance of the highest
magnitude, the act palled at the lall meeting of
the Legislature at Augulta, entitled, “ An aft
supplementary to an aft forap, reprinting a part of
the weltern territory of the Itate, and for other
• purposes therein mentioned, &c.” as, in our opi
nions, replete with ill consequences to this (laic,
for the following reasons: ilt, Because the sale of
the said territory at this tine will in all probabi
lity involve this Itate in dilputes with the neigh
boring tribes of Indians, and vnay eventually engage
her in a war with them. 2dly, Because, by poit
poning the sale of the territory to a future day, ,
those difficulties with refpeCt to the Indians might
in a great measure have been removed. 3dly, Be
cause we conceive that, wasit good policy to fe l
the territory at this time, (fthich we cannot aflent
to) the lale ought not to have been confined to a
few companies, but made asdiffuii ve as possible, as
monopolies have ever been considered contrary to
the spirit of free governments, highly injurious,
and tending to enrich a few monied men to the
exclusion of the people in gent ral. 4thly, Because
we conceive that, by feding the territory to com
panies, it has not brought so good a price as it
would otherwise have done had it have been laid
our into allotments, and proper notice given that
a sale would take place ot those lands, which we
understand has been the practice of fomeofour
filter Hates, who have derived very great advan
tages by adopting that mode of difpoling of their
territory ; and we may reasonably conclude that,
had our Legislature fallen upon a fnnilar plan of
felling the weflern territory of this Hate, it would
have brought into the treasury luch an amazing sum
as in all probability, by proper management, and
in the common course of things, would have re
lieved this Hate from taxes for ever : Besides, by
opening the door to all purchasers, the poor, who
ought to be attended to by,all governments, would
have had an opportunity of purchasing a few acres
of land for their families, and thereby sharing,
though in a small degree, in those advantages which
a fa!e of so large a body of territory\ would have
produced, the minds of the people would have
been fatisfied, and a 1 those good consequences
have resulted which generally do from public meat
fures founded on policy and equal juflice. jthly,
Begaufe for that molt excellent reason afligned by
his excellency the governor, on his rejecting the
firfl bill, *« That if public notice was given that
the land was for sale, the rivaKhip in purchasers
would mofl probably have increased the Aims of
fered ;” and which, with his other reasons, we
sincerely lament he did not adhere to when the
second bill was offered for his approbation.
We atnfider the reserve of two millions of acres
of our own land, to he fubferibed for by the citi
zens under the conditions preferibed t# the law,
to be adding insult to injury, those lands being no
object to the citizens at large, and will not amount,
by a calculation made, to more than two hundred
and fifty acres to each man in this county. And
by the clause in the said law it appears that the
whole of the one hundred and seventy thousand
acres allotted to this county arc open to the fpccula
tion of any individual v. ho may bedif, oied to pur- <
chafe in thirty-four lhares, which, at iive rhonfanJ
acres each (hare, will be *cur.d to amount to ia: t !
above mentioned quantity of acres, bat which, if
not paid for, is by the laid clauses to revert to the
companies, without any emolument to the date.
The Grand Jury, upon infpeding the Judicia
ry law, find a clause in the fame, \ ointing out the
method of foreclofing mortgages, as follows : ** The
person or j erfons entitled to forcdofea mortgage,
or his or their Attorney, (hall petition the Supe
rior court of the county where such mortgaged pro
perty may be, &c.” which said clause in the law
mud have been founded on that clause in the con*
dilution which ex, refsly declares, “ That all cases
of real cdatc (hall be tried in the county where said
edate lies And although it appears that a clause
in the act for felling part of the wcftern territory
repeals the aforefaid clause in the judiciary law,
pointing out the method of for doling mortgages
in the (aid law, which declares, “ That the mort
gages on the said lands fold to the companies (hall
in default of the payment, be immediately forcclof.
ed in the Superior court of any county within the
date of Georgia, any law or usage regulating the
mode of foreclofing mortgages to the contrary
notwithdanding,” yet, whi e that clause remains
in theconditution which declares, “'That all cases
of real etfates (hall be tried in the counties where
such edate lies,” wc do not fee how those mort
gages can be foreclofed in the Superior court of
any county in the date ; and as there is no county
laid out within that territory fold to the companies,
how the mortgages are to be foreclofed where fuck
land or real edate lies.
The Grand Jury do not take upon themselves to
determine whether the ad is conditutional or not,
but beg leave to observe, that all the rights and
powers not particularly exprelfed in the conltitution
are retained to the people; nor do they conceive
that the framers of the conilitution pollibly could
have had in contemplation that any Lcgiflature
would have adopted such a mode of disposing of
our territory.
With refped to the different offers made by the
companies, it appears to us that it would have been
more for the intered of the date had the highest
offer made been accepted, that of eight hundred
thousand dollars, by which means the date would
have been a gainer of three hundred thousand dol
lars, more especially as the company made an offer
of increasing the depofite to forty thousand dollars,
and, in case of default in payment in December
next, to forfeit the fame, and declared that they
did not wilh to have a grant till they had fully
completed the whole payment. ’Tis true a part
of their de ; ofite confided of bills of exchange,
with good endorsers, but it we are rightly' inform
ed upwards of eleven thousand dollars were actual
ly deposited, which would have been a considerable
sum to forfeit, nor is it reasonable to suppose that
they would have forfeited it, but if they had done
so the laud would in that case have reverted to the
date.
We return our thanks to the Minority of the last
general aifembly for their deady and upright con
dud in attempting and using their bed endeavors to
support the rights of their fellow citizens, and
with them those pleasing sensations ever attendant
on a conscientious difeharge of duty.
We confider the holding of courts in forae coun
ties, and not in others, as highly injurious to the
citizens of this date, as it may so happen that a
person may have a judgment or judgments obtained
againd him in the county where a court is held, and
have his whole property torn from him, when at
the fame time he may have a large sum due to him
in the counties where courts are not holden j aod y
therefore we recommend tha: it there is not any law
authorizing the governor to appoint judges to hold
courts in case of the indifpolition of his honor the
judge, such a law may be passed, at the meeting
of the next Legislature, so that an equal dilribnUon
< f j cities may take place throughout tie w1.0,e
da e,
*
[Vol. IX. No. 435. J