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SATURDAY, March 28, 1795.
THE AUGUSTA CHRONICLE
AND. • ,
GAZETTE of the STATE .
FREEDOM of the PRESS and TRIAL pv JURY shal(. remain inviolate. Conffitution of Georgia.
AUGUSTA: Printed by JOHN E. S MIT H, Printer to the State ; Essays % Articles of Intelligence, Adver
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AUGUSTA, March 28.
GEORGIA* Effingham county, Superior court ,
February Term , 1795*
THE Grand Jury brought in their present
ments, which were entered in the Court
kooks, and ordered to be publiihed in the several
Gazettes of this date ; the Judge’s charge being ver
bal, and not reduced to writing, not publiihed.
Ebenezer , Effingham county , ißt h February, 1795.
' We the Grand Jury do prefenl, as an evil preg
nant with the most mifehievous coufequences, the
aft, entitled, « An aft supplementary to an aft
41 for appropriating a part ot the Weftern Territo
«« 1 y ol the date, and for other purposes therein
« mentioned, &c.” Because it is an attempt to
fob the date of its mod valuable treasure; for, if
it was neceflary to fell the territory at the present
day, the Legislature ftiould have taken the larged
offer for the fame, whereas it appears that they re
fufed 800,000 dollars, and accepted 500,000 dol
lars. We cannot fee the necessity of felling at pre
sent, merely because a number of the members of
the Legislature and a few speculators wished to
buy. We cannot but in the mod severe terms ex
pr?fs our detedation and abhorrence of an aft so
injurious to the date, and which we are fatisfied no
public body would have done, if the hope of emo
lument had not infligated them. Without giving
credit to the various circumdances related of the
lhares in the territory held by the members, we
are fatisfied in the opinion that no such aft could be
assented to by difintereded men, some of whom
indeed have already boaded of the profits and the
sums they have made by the said aft.
We therefore drongly recommend to the Con
vention, and to the next general aflembly, to set
aside the grant, for fraud, and that the aft, toge
ther with the record copy of the grant, be erased
from the public records, that no traces of such in
famy be handed down to poderity.
We recommend that his honorthe Judge’s charge,
together with this our preferment, be publiihed
in the Gazettes of this date, and laid before the
Convention, and our next general alfembly, for
their serious consideration.
Fat. M'Kinty, Foreman; James Greenhow,
Wm. King, Joseph Rahn, James Wilson,
Wm. Bishop, Jno. Grabenitine, Jonathan
Rahn, Godhilf Smith, Jonathan Seckinger,
Jno. M. Daflier, Jacob Wifenbakcr, Abiel
Schweighoffer, Jelfe Bell, Wm. Porter.
A true copy from the Minutes ,
JNO. G. NEIDLINGER, C. S. C. E. C.
iSth February, 1795.
To the FREEMEN of the STATE of GEORGIA,
Fellow Citizens ,
AMONG the many public afts which a free
people may do none arc more important than
that of correfting the afts of their servants. This
right mud be admitted by all the citizens of the
date, because it is eflential to all. Afts done by
the legislature for the private benefit of its members,
in exclusion of the citizens at large, are unconlti
tutional, and in direst opposition to the great fun
damental principles of a republican government.
The vacant territory of Georgia is the wealth, the
treasure of Georgia; to deprive her of it unfairly
is a robbery ; this being done, or attempted to be
done, by a public body, makes it not the less so,
but is the more attrocious. If the legislature can
vote to themselves the pulic lands they can vote to
themselves the public money, or any other public
property. And where is the citizen so wicked or
so weak who would fay that eiiher of these afts
may rightfully be dene? It may be alked, where
is the remedy? The answer presents itfeif, the
people may red refs their wrongs; this right duly
ext rciftJ, the violation of lights will be iefs fie-
GEORGIA.
quent. The people may declare a legislative aft a
violation of their rights, and they will make void
a grant of the legislature where they give and grant
public property or public money to themselves.
These maxims are founded on the belt rights of
man, they are built on the principles of a free and
equal government. An appeal may firft be made
to the convention of the people, and being specially
clothed with authority, they may set aside all en
croachments on the public propetty, and set bounds
and secure by their aft again!! future encroachments.
To this end the following remonflranee and instruc
tions are submitted to the citizens of Georgia by
A CITIZEN.
7 0 the Honorable the PRESIDENT and the Honora
ble the MEMBERS of the CONVENTION of
the STATE of GEORGIA.
THE underwritten citizens of the county of
in the Hate of Georgia, view, with the
deepest concern, the violation of their common
rights, and the eflential injury of their common
interests, by an Aft, entitled, “ An Aft fupplc
| “ mentary to an Aft, entitled An Aft for appro-
I ** priaiing a part of the unlocatcd tenitory ot this
«« state for the payment of the late state troops,
** and for other purposes therein mentioned, de
“ elating the right of this (late to the unappropri
<f ated territory thereof, for the protection and
** support of the frontiers of this state, and for other
u purposes.” jk
1 ft. Becaufe'that, irnßidJjy the faij Aft, the
retained sovereignty and jurifdiftion of the Toll of
; the said state are attempted to be transferred and
alienated—a right which, when yielded up, as is
j intended by the Aft in question, affords room for
; the eftablifhinent of a military government, and all
I the arbitrary concomitants thereof; titles of nobili
t ty, enormous and unequal poffeflions, and an abo
lition of all republican forms of government; and
will ultimately defeat the extended profpefts of
population, which a settlement of our weltern ter
ritory, upon proper principles, would ensure, and
which is the only measure that can place the southern
states upon an equal scale in the political balance
with their northern neighbors^
2tlly. Because the Aft in question faying; that
the several grantees, and their associates, lhall not
be entitled to dispose of the said “ territory, in
“ part or in whole, in any way or manner, to any
« foreign king, prince, potentate, or power,
« whatever,” affords no security against such sale
or falcs, in as much as that it could only be con
ftdered as a breach of contrast on the part of the
applicants and theiraffociates, whom alone the Aft
precludes from making of such sale or Tales, and
not their heirs or afiigns, or others Who may pur
chase from them, and therefore would not even
admit of a plea, upon national principles, for any
declaration of infractions by any foreign king,
prince, potentate, or power, that might become
the purchaser or purchasers thereof.
Becaufe that, in and by the Constitution
of this state, the legislature are bound to lay off the
territory into counties previously to any disposition
thereof; and because that, in laying off such coun
ties, regard ought to have been had to forming
them into such diftrifts as that each of them in time
might have been a separate and diftinft state, and
the citizens thereof to have been guaranteed in all
the rights, privileges, and immunities, which are
enjoyed by the citizens of the other states; to have
secured which, and to have acted on constitutional
grounds, the legislature could only have disposed
of the ; reempticn right, and mull have laved the
extinguilhment ol Indian claims.
4thly. Because that there were no emergencies
of the state that required any immediate cr produc
tive funds, and therefore ihere could r.ot have ex
isted any necessity tor a sale ; for, v\!,en uc reeir
to pall tranfaft : ons, the exnnguilhmet.t ol Inlim
| claims to the land lying between the Cc'.ntc m l
Oakmulgee rivers, &c. can only be viewed as a
fubterfugeto serve individual puipofes, as the ex
tinguithment of Indian claims to large trafts of
country have by feveial ceflions been obtained,
when the strength and opulence of this ft ate could
bear no comparison with the present period, and
the resources for those purposes were brought into
aftivity independent of any pretended sale ot Yazoo
territory. And because that, if the true interest
of the state had been regarded, a notice of at least
twelve months would have been given ot a sale,
and the conditions thereof, in order to have ob
tained the most advantageous terras to the state for
the aforefaid territory; and only a small portion of
each county to have been so laid off ought to have
been disposed of and granted to companies, referv*
ing at least three fourths for aftual settlers, to
whom, on political principles, future legislatures
would have given the highest encouragement, and
on the notice and conditions aforefaid a much law
ger sum would have been obtained, and population,
a firft consideration with states, ccnfiderably pro
moted.
sihly. Because that four fifths of the considera
tion money rests on a mortgage on the aforefaid
territory, with a summary foreclofure not warrant
ed by the Constitution of this state, which declares,
“ that all causes regarding real eflate (hall be tried
«* in the county where such real estate is and it
would be difficult to find a precedent, or even to
point out a mode, whereby it can operate on a ter
ritory of which the sovereignty and jurifdiftion is
without doubt' intended to be surrendered.
6thly. Because the legiflatuie did rejeft the fun;*
of three hundred thousand dollars, oyer and abovp
the sum to be received by the said Aft, which were
offered by persons of as much refpeftability an<J.
responsibility as those to whom the territory by the
aforefaid Aft is disposed of; the annual interest of
which sum, if properly applied , would have con
tributed largely to relieve the citizens of the state
from taxes in future.
7thly. And because that, from the whole tenor
of the proceedings, as well as from other testimony,
it evidently appears that the said Aft was obtained
by fraud, coflufion, and corruption; and therefore
the aforefaid Aft, and every grant or grants ob
tained in pursuance of, or by virtue thereof, muff
be? in law and equity, null and void.
We the people (from whom all power originates)
do therefore, for the aforefaid reaions, remonttrate
against the validity of the aforefaid Aft, and every
aft and thing done-in and by virtue thereof; and do
hereby inftruft and charge our several members of
the convention aforefaid to take such measures as
will render and make the aforefaid Aft, and every
grant or grants obtained under or by virtue thereof,
utterly null and void, and of none effeft; and,
farther, that the limits and jurifdiftion of the llatc
be clearly and fully defined in the constitution, as
well as the mode and manner of disposing ot any
part or parcel of the territory within the fame.
We have the fulleft reliance that, in a measure
so momentous to the common rights and interests
of the people, (even abftrafted from every other
consideration) you roust feel bound to a faithful
observance cf these our inftruftions.
In the Hoofs of Reprtjentalives, Saturday , tsth
December, 1794*
AN amendment was proposed to the bill by Mr*
George Jones in the words following:
(( And Whereas it hath ever been, and still is, art
obieft of the greatelt magnitude and attention
with this "ovemment to pxeferve undiminilhed
its well those cf terrftory as of state ft
vereignty, upon the principles of xepublicanifrn
and true policy, be lt therefore hereby enafted and
declared, shat the retained sovereignty ot thi* ltaai
is not, nor (hall be infringed or impaired by any
matter or thing herein before recited or ccniaim 0,
over the aforeiaid texritcry, or any part t] erect.
[Vol. IX. No. 442.]