Below is the OCR text representation for this newspapers page.

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 tifements> ZAc. will be gratefully received , and every kind of Printing performed, [Price Three Dollars per annum, ] 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.]