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SATURDAY, December' a 3, 1797.
THE AUGUSTA CHRONICLE
AND
GAZETTE or the STATE.
AUGUSTA: Printed by JOHN E. SMITH, Printer *0 tWe State,- Essays, Articles of Intelligence, Advertijements,
(Ac. will be gratefully received, and every kind of Printing performed . [Price Three Dollars per annum.']
His Honor Judge Ste p ie ns’s charge to
the Grand Jury of Wilkes County.
I Gentlemen of the Grand Jury,
CHARGES to Grand Juries are so
common, and the duties of the in
*jueft of this county so well understood,
that it may be said, with propriety, that
fubjefts are almost exhausted. and scarce
®ny thing new, can be mentioned, lor
your information—-Acquiefcing in the
opinion, I (hall trespass on your time bat
a few minutes, and leave you to the dis
pharge of your two fold duties, as the
grand inquest, and special jurors of your
county. # v
Happily for the people of United A
tnerica, and of this (late particularly, that
in their forms of government, the system
is deviled, tried, amended or abolished,
as the people, by their representatives fefc
fit, without previous revolution, anger,
intrigue or corruption.—As it is for the
happiness of the whole, so that whole,
delegate their powers, to a small portion
©f their fellow citizens, to constitute a
form of government, as indifpenfibly ne-
Cedary to enable any considerable number
©f individuals,, to live with comfort in
focicty ; by eftabliftiing that particular
form, (politically adapted to our general
principles) of government, which in its
frnefs, will produce the greatest amount
of public happiness - and consequently,
that form, which has tho most effedtual
tendency, to secure the political happi
.liefsofall the individuals, composing the
political community. Hence the trust
recently reposed, is of the highest mag
nitude, and doubrlefs will be exercised,
upon principles, that will secure general,
social, and political happiness, without
partial views, or local prejudices.
w Speaking of the rights of man-it is
said, “ That a man’s civil liberty, con
fiftg in his unlimited freedom to adopt
that plan life, or to pursue those mea
fures, which he conceives, to be condu
tive to his happiness, accompanied with
the secure enjoyment of the fruits of his
industry; but under the reftriftion im
posed by civil government, or refraining
from all injury to others.” Hence we
And, that there is necessarily an abridg
ment of natural rights—and that the
rights of man in society , are political equal
rights, secured by government, and those
rights, in society, infinitely various,
according to the various relations, which
subsist between them, and to numberless
circumftanccs, which occur in human
life.
In effefliwg changes of government, or
amending the existing system, we have
Ao need, but to consult, primarily, our
own happiness, by having the vast advan
tage of calmly looking into the forms of
constitutions, that our sister dates live
tinder, and with that, of the Union;
there can be but little doubt, but every
blessing may be expe&ed, without the
aid of foreign plans or influence, that
carry with them intrigue, falfe and de
ftruftive philosophy, planting athelfm in
their schemes, and (haking the moral go
ternment of the world.
To your particular enquiries I now
leave you, gentlemen, trusting, that as
fele&ed by your fellow citizens, as grand
Jurors, you will in the words of your
oath, “ due presentment make of all
inch matters and things, as come to your
knowledge, without malice, fear, favor,
afleflion, or hope of reward”—but in
all things, as will tend to enforce the
laws, and to maintain good order in your
county. For it is probably an observation
made with truth, that the virtues or
vices of a people, are known by an at
tention to their moral de
corum, the order of their public build
ings, an observance of religious duties,
with a refpe&ful observance of the Lord’s
day, a violation, of which, ought not to
be permitted.
THE Grand Inquest for the body of
the county of Wilkes, upon their oaths,
make the following prefcntmentvr
FREEDOM of Tin PRESS and TRIAL BY'jI&JRfY shall remain inviolatb. Confutation of Gtwpk. *• ' i
“■**^^MVartM—a mm -M—-M-i^ v 1 _ i -■ * . . . .
isl. We present as a grievance of a
me ft alarming nature, the importation of
negroes into this ftatC, whether by land
or sea, for the purpose of exposing them
to sale, inasmuch as we conceive it to be
greatly injurious to the welfare of the
inhabitants thereof, and highly repug
nant to the principles of a free govern
ment, and do earnestly recommend it to
the next legislature to prohibit the fame.
2d. We present as a grievance the pre
sent mode of voting at eleftions in this
state, and do recommend to the next
convention that it-be made constitutional
for the citizens to give their fuffrages
viva voce.
3d. We present as a grievance that no
provision has been made far the payment
of fundty detachmeuts of militia, ordered
into service on the frontiers of this state,
during thc~ administrations of governors
Telfair and Mathews; these detach
ments were ordered out without any or
ders for that purpose from the board of
war; but under circumstances which our
governors thought required immediate
military opperations; and in as much as
the United States fumifhed supplies for
the said detachments whilst in service,
we conceive that it was so far a coi Urina
tion of the conduft of our executive as to
become chargeable for their pay also,
and we recommend to the legislature at
their next feflion to represent the fame
to congress, and also to make provision
for the payment of such detachments,
should the United States ultimately re
fufe to do so.
We most refpedlfully return hb honor
the judge our thanks for his judicious
charge delivered to the grand inquest at
the commencement of the present term ;
for his attention to the business of the
county, and for his politeqefs to this bo
dy ; and request that these our present
ments, together with his honor’s charge,
be pubiilhed in the State Gazette.
ELIJAH CLARKE, Foreman .
Archibald Simpson, Welt Harris,
Leonard Phillij s, Nathaniel Ragan,
Thomas Talbot, Thomas Porter,
Godfiey Hartsfield, John Clarke,
Reuben Saffold, John Parks,
William Arthur, George Aden,
Hazlewood Wilkin- John Si ns,
son, John Bardin,
Robert B. Washing- Alexander Harper,
too, Reuben Bennett.
Wilkes county, November term, 1797.
A true copy from the minutes,
Tefl , .BEn. CATCHING, Clk.
Franklin, October Term , 1797.
Charge of Judge Stephens to the Grand
Jury of Franklin County.
Gentlemen of the Grand Jury,
IT rauft afford you fatisfaftion to find
that there are so few causes on the
doequet for trial, or even thut may re
quire legal investigation; by avoiding
law suits and submitting differences to
the judgment of neighbours, is probably
the belt way to pieferve tranquility, ef" -
peciatly as equal security to the parties
at variance results from this domestic tri
bunal. Above All I sincerely congratu
late you, on the information I receive
from the solicitor-general, that there are
no cases of a criminal nature of any mag
nitude that will take up your time.
In your deliberations, on any fubjeft
before you, it needs not my recommen
dation to enforce the necessity of the
ftridfeft attention to the evidence that
comes before you, and so find, or pre
sent, with the belt proof and found judg
ment the law tequires, and your high of
fice demands.
When it is considered that but a short
space of time has rolled over, since the
inhabitants of this county were compel
led to be secured by forrreffes against the
Indians, it cannot hut be cause of great
fatisfa&ion, to find how refpecHble your
county public buildings are; the exer
tions of those citizens intruded with the
execution of this trust, deserve the ap-
GEORGIA.
probation of their fellow citizens.
An enquiry into the payment'of public
taxes as well for the support of govern
ment, as the particujaf advantage of this
county, may be an objed fojyourcqn
fideration, efpeciatly as it is well known,
that there are very large bodies of land
surveyed in this county, and held by in
ditiduals, either actually, or on titles
fuh’ftded on that species of gaming called
fpecaiation, the evil effefts of which this
state has experienced in sn Uncommon
flu-re. These engroffions of territory,
cugft to pay the dyes to government —
and it is the quty of every honest citizen,
to enquire into the sass.
T make no' doubt, that the lands ami
money alotted by government for the
education ol youth are applied properly
to these pur, ofes—lt is for the comfort
and advantage of the riling generation,
that the present Ihould be careful of the
funds alotted for this eftablilhment, and
it can never be qu.ftioned that as the
people of Frai k;iu Having undergone
great difficulties, as necessarily attached
tb their irontier fuuation, so they ate
equally stimulated, a ti e present day, to
fu, port good government, and social or
der, as necessary to the ha; pinefs of them
feivea, and to the community at large.
Franklin County , Superior Court, Octo •
ber Term , 1797.
WE the grand jury tor the county a
forefaid on our oaths, present as a griev
ance that the old road leading from the
widow Walton’s, on Toogaioe river, to
ihe Lightwood Log creek, being defti
totue m commissioners and overleers.
We further present it as a grievance,
that the petition for a road to lead from
Carnefvitle in the said county, to the
Peteilburgh and* Augusta markets, &c.
which were to pass over bridge
on the north fork of Broad river, below
the plantation of Peter Wiiliamfon, Esq.
and to crois the Rear branch, near the
plaatation of Elias Baker, and to cross
the Double branches near the plantation
of Johnliandidge, and to strike the El
bert road near the<county line, as not be
ing granted according to the said petition.
We further present it as a grievance
that the bridge which was appointed to
be ere&td across the Middle fork of
Broad river, on the road leading from
Carnefvilie to the furnace, agreeable to
the contract of the under-bidder, which
is not yet compleated.
We further present as a grievance that
the books of the county furveyorVoffice,
kept by the late John Gorham, Esq.
wherein were recorded the land proceed
ings cf the said county, being secreted,
that they have not been yet obtained.
The consequence of which forne of the
good citizen* may be much injured for
want of recourse to the said records, and
that government does not proceed to
fame measures, ways and means, to ob
tain the said hooks, that they may be
depoffted in the office of the couuty sur
veyor.
We further present that Austin Brown
is guilty of wilful and corrupt perjury,
and James Little, fen. Esq. befubjoened
in behalf of the state to prove the fa A.
We also present that captain John Hol
land did with force and arms, contrary
to law, go into the Cherokee nation,
and did take and bring away one Indian
boy, which now appears to be about ten
years of age, and that he ft ill holds the
(aid boy in captivity, contrary to trea
ties, which are the supreme law of the
land.
We the grand jury aforefaid return our
thanks to his honor the judge, William
Stephens, for the judicious charge given
to us, and his assiduity and attention to
the public business; and that we request
his honor’s charge, together with our pre
fentroents may be published.
WILLIAM WOFFORD, Foreman.
Moses Payoe, Jesse Thomas,
John-Sandidge, Dixon Naylor,
John Laine, Flower Swift,
fVoi. XU. No. 585.]
Janies Jackson, Obadiah Wright*
Elias Bungefs, Thomas Crews,'
Ninian Barrett, John StonecyflTerj »
Benj. Echols, William Norris,
J. Holjngfworth, James Little,
William Gatts, Aaron Campbelle.
A true copy from the minute* of th&
Superior Court, isth October 1797.
Attcjl) JOHN MYiITH, Clk%
# O OC* <> o <s> •£}•
GEORGIA,? At a Soperiof
Lincoln Bounty, j Court held.for
the coumy atoreiaid, on Friday the firffc
of December 1797.
Present hi* Honor Judge Stephens.
nt "HE !oil#W-
A ing prefeqiments, viz. As nothing
is more conducive to enable planters who
have not the convenience of water car
riage to convey produce to market than
good roads: 7 he grand jury lor the
county ot Lincoln feel themselves impel
led to present the ill Hate of the roads iix
this county, and not only in this county*
but so tar as their knowledge goes, in all
the counties in the upper parts of this
Bate. y
They conceive that the cause oftho
roads being so neglefted, proceeds from
the inluf&ciency of the present existing
road law ; they therefore recommend to
the leg'flature the following alterations
and amendments to the said law.
ill. That the power of regulating
roads, bridges, and ferries be veiled foie
ly in the superior courts.
2d. That three commiflioners be ap
pointed by the grand juries and the fu-.
perior courts in each county for each
company dill rift of militia, whose duty
it lhall be to hold a board at lead twice
in each year, and at each hoard, they
lhall appoint overseers who muff aft un
der lawful penalty to keep all the public
roads in such diftrift in good repair.
3d. The hands in each diftrift liable
to work on roads, lhall be divided by
the com mi flione rs, so as to be obliged to
work on all or any of the public roads in
such diftrift, as circumstances may re
quire, and as (hall appear most equitablo
to a majority of the commiflioners.
4th. Any commiftioner or commiflion
ers neglefting to keep the roads in their
refpeftive diftrifts in good repair, to be
indifted and lined as fooo as information
lhall be made against him or them.
sth. It lhall be the duty of the judic
es of the peace of each company diftrift
to make report to the grand jury at each
term of the superior court, of the then
particular situation of all the pubEc roads
in their refpeftive diftrifts, which (hall
be done at furtheft on the second day of
the court. It (hall also be the duty of
the grand jury of each county to require
such report from the several diftrifts, and
to present thejuftices of the diftrift which
may negleft to make such report: Aqd
Ihould the justices of any diftrift be pre
sented for such negleft, it lhall be the du
ty of the department of the attorney ge
neral to indift, and the court to fine
such justice or justices at the term of the
court when such presentment lhall be
made, in such sum as the legillature may
think proper.
6th. No justice of the peace to be a
commiftioner of roads.
7th. All toll bridges and ferries to be
under the infpeftion of thejuftices of the
peace, and a state of rhem reported to the
court in the fame manner, and at the
fame time, that the roads are, and a pe
nalty mull be laid to be recovered from
the owner or owners in proportion to the
negleft of keeping them in repair.
Bth. Wnere there are no public roads
in a company diftrift, the inhabitants of
such diftrift lhall be so divided as to be
obliged to work on fucb roads in the ad
jacent diftrifts, as lhall appear meft equi
table to the commiflioners of such diftrift*
We present as a grievance the present,
situation of the court-house as fixed by
the commiflioners appointed by the legis
lature, and we recommend that new coo-