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jgWßerr (KBfiettTrz ttiMMS? ®*s!f JgttTST; JBffBBK fltTimS
LOUISVILLE; (G.) Nov. 4.
On Monday hrt, the Legislature of this
Hate oovencd at this place, and on the day
following, having formed « house, they pro
cveded to the choice of their officers, when
Ocncml ‘Jr.red irrtvi/t, was tl< CUd Prefulent
' j.', t!<; S< rate ; V/tiluim Roberson , Kfqr.
Secretary ; ivLjor Abraham’JadJon i Spfeak
r.r oi 1 !.e Houfc of Reprdanutives ; atid
li \rs Hdty Esq. Clerk.
1 tis E ;< »l!ency the Governor, being no
t-Mi-d that both branches of the Legislature
v. ere orgo tried and ready ta receive his
-.wo-.!.oui-,«ciur, his Secretary delivered the
Itiii' \ri7!g intcrcttlng paper; - ■
'1 horsdny I 0 a branches wrocecdvd to th«
c!n*ice '>l a Governor,-by ballot, when it
appeared that his Excellency John MfL
lcdoe, had 61 votes, whereon he was declare*
t;.i tiuiy elected.
Felie<w Citizens of the Senate, *ni of the
House of Reprefitttatl<ves,
A few weeks after the Legislature had ad
journed in December Lift, I received from
the Chmmirtioners for opening the road, be
tween this ilafc, and the flatc of Tennelibe,
through the Cherokee Nation of Indians, a
Communication notifying me that the road
was complcatcd, f’o tiir as this Hate had
flipulated on her part to perform,-..and I
have force been informed, that the road is
open throughout, and now used by thecit
ir.Ar.s of both (rates, in palling and repaying
with waggons aud other carriages.
The difjiute refpefting the boundary-line,
but ween run state of Norrh-Carclinn, and
us, is fib! unfettled,—-On the nth of De
cember Est, I wrote the Governor of that
Jhitc, and endoftd him a copy of the ait of
the Gnm.ru! AflViwbly, pa fll‘d the 1 of that
rtumlh, f.mded f* Aa art fur appointing
CommilHoners for afcsrlaining and fixing
the dividing line, bet wren this llatc, and
the yf Ncmh-Catolina, requeuing that
b,- vynql'i lay the fame bsforc tha Ltgiila*
tare of that (late, if in felioo, and inform
ing him of my readiness to appoint Cota
i»Mllionero on the part of this state torun the
liac.- .in aufwcr to thy letter he iiJonmd
me, tlijit iho Leg-illattire of Nurth .Carolina
was not in jeffion at the time of receiving my
letter, with its cncld'div, but bad parted
r<* art extending the provisions of an art
ptftcd in *so3, for afeertaining and fixing
the bouYtuarv. line between that Chile and
SoqiL.Carolina, to Georgia.--and that if I
iluitjld think proper to proceed ia terms of
tint law, he v.-ould dirert (ke ComKiilfiun.
et. on the part of North. Carolina, to at
tend there which (hould be appointed by ,
this llatc.. --The aft trar.fmittcd. contained
the irrse ptovifwn which had heretofore been
tlu obrtae’e to ui<* running of ihc line. Bc-
Iciving that I should greatly depart from
the'imereti of the state, were I to accede
to rite propiirttion of North-Carolina, 1 a
gain wrote the Governor of that flute, cn
dca♦♦uring to point out tlie impropriety of
the oxsrtioa nude by NortK-Caroliaa on
Georgia. My letters together with the
t nl.ver thereto, *»re contained in packet
No. i...-Outrages ofa violent nature have
been committed vrithio our supposed jurif
diftional limits es Walton County, so as to
render the authority of the state laws of Ut
ile or no binding influence in that quarter,
it therefore behoves you as early as poffiblc,
t«» take this lubjeft under your confidcra
tion—-If you should be with me in opinion
that North-Carolina has no rightlal claim
to w'hat fhc requires, permit me to fogged
the propriety of year calling ©a the Legilla
turc of that flare, to agree to a convention
being held by three or tr.ffct citizens appoln- j
ted by each ftate* to uk« under considera
tion the fw.j.'rt matter of controversy and
10determine tlie* fame.--and, in tkc event
of their not agreeing, for them. to be vested
with the power of I,allotting for one or
more persons, not citizens of cither irate,
whose deciflon (hall be oonclufive and bind
ing cn both ft a»cs.— Packet No. 2, con
tains a copy of an add ref a froia the citi- (
zens <*t Walton Couoty, (eliciting that I
would not acottie to tk« views ct North-
C-arolira, in running the line.—together
with cupks of twcral artidarits, dating the
outrages above alluded to.
In compliance with the art entitled, “An
aft to compel tfcfpaffins on the land fouth
of the Oconee, lately ceded by the Creek
Ind ians, to return within the fettled limits
el the date,” I ifflicd my proclamation bear
ing date the twenty.feventb day ©f Decern
ber lafl, requiring the conattauding officers
ot the regimental qifitirts of militia, eppo-
M c tl c land, to employ petfons to make
M? 0: the citizens of this state, who hsd
becojac trefpaiTcrs thereon, and of otter tref
p«iivfs no: cltiaoos ot this flats, who (hould
n.v.., to abide by the requiltions of that
pro !.,-Action, aiij truofnic the fame to bo
•Me tie Executive office, for the purpol
lesecnainpLtedby the fitioi aft ...Packet, No.
3, cnur.dns a copy of that proclamation.
No lifts having been tranfsnitted me, cn the
151 k of May, I wrote by express to the
®om«aoding officers of the regiments before
Kencioned-..Packet, No, 4, contains a copy
ci thgt the. ynfwers thereto,
which -.nil on: to you that no mcafurc,
vaskf; undone by me, to have th« art a
lorrfaid curiod fully and completely into
will find in one ii.Ranceonlv kss a
, 4- ■
return of been mads as the
law requited ; but in every Case, where a
person has been named a trcfpaffer, and has
been also a fortunate drawer in the Lottery,
1 deemed it proper to withhold the grant.
The Senate of the United States, having
rejected the treaty, made by the Superin
■tepdant of Indian Affairs for the Souther*
Department, with the Creek Indians, which
went to extend our boundary to the Oak
mulgce river, rendered it unneccffary t®*on
vcncan extraordinary meeting of the Lcgif
lature ; 1 was therefore left to purfuc the
measures pointed oot by the aft entitled,
“ An aft to make diftributio* of the late
ceftion of land, obtained from the Creek Na
tion,by theU. S. Cotamiffioners, in a treaty
entered into at, ®r »e«r Fort Wilkinson,
on the sixteenth day of Jure, iSoa.*”
Several •( the surveyors ®f the Diftrift*, not
rmkiag timely returns, of their surveys into
the Siirveyw-General'scfficejoccafioned ihe
drawing of the Lottery to be prttrafted to
the twenty.fecoad day of July last-—The
fraftiowil part* of farveys, now onJßbe
inrinat the disposal of the ttaie:—.
Cun of the judiciary system will
not only to remedy defefts which may be
found to rxift, but that Superior Courts
may b« ktld within the new counties agree
ably to the Ccnftiiution.
I fnbiait to the LegifUtare whether a re
viCon in our penal code, would not also be
proper—it fame cases it appears t® me, that
the punishment is too fanguiwary,—th« ef
feft of which has a tendency too often to in- j
due# the jury after finding the ptifoner guil
ty of the crime with which he is charged
to rocoauwnd him to Executive cUouacy,
and which never fails t® he accompanied
by the humane intcrctftioa of many of our
tdlow.ciiizens ft®na theaei>» v hborko®i, where
the orT\-nc« k«> Imtcu ctnnrsmtad---to vfttlj.
hold a pardon- under such circusd’aacas,
mult be to fuppofo the Executive devoid of
fcrtfibility, and regardlafs of his obligation
t® society, of causing justice to set exaetted
in mercy---thas the culprit efcapcs paniOi
ment.
In one iuftanc#-—the penalty inflifted for
stealing cattle, is derived from an aid statute
sassed in 1775. la my opinioa the puaifh-
Kent is too krtre, and .not jultly propor
tioned to the crifwe.—Sanguinary laws are
not congenial with the nature of our Govern
ment, and the praveatioaof crimes depends
more on the certainty than {he ftveiity of
panilhincncs.
It would he proper for you to provide
ways and means whereby t® difebarge the
debts due and owing by the state, « flute,
meet of which was prefeated to the last
Legislature, by rhicir c®m*itt««of floater,
and entered on th® journals ; and to which
I beg leave to refer you—-As fo®a as the
difference is fettled with the date of Noit.h-
Carolina, a revenue raay Ire derived from
thafale of the lamds in Walc®n County,
which remain onlocated, after the inhabi
tant* fettled therein at the time it was ceded ;
to us by the General Gavrrnmcnt, have had
fee a red to them the allotments allowed them
by the law far laying oat that ctrunty.
Refclutions passed by the Legiflaturas cf
the states ofKettacky and North Carolina,
recommending alterations in the federal
c»aftitution, have been tranlenitted me for
your concurrence—copies of which with
copies ®f refolations pafled by Maffaehufetts
and PennfyWania, the former concurring
with North Carolina and the latter with
Kentucky in the proposed amendment will be
found in packet No. 5.
Allow me to fay on the fubjert of the rc
fulutioa of the state of Kentucky, that fema
j of our fellow.citizcas complain of the right
I of aftion in cases cognizable in the Federal
c®arts being transfcrabl* by the citizens es
Georgia t® aitizers of other states, for the ,
purp®f# of bringing them within the jurif- 1
difttou cl the circuit esurt, which deprives !
them of the benefit of a Jury of th* neighbor
hood to which they c®nccivc thcmfslvcs
entitled, and many cf them are compelled
t®goa difhnca in attending that eaart,
upwards of one hundred and fifty miles, j
That repeated delays arc occaficncd by the
Icagthy pleadings of Federal praftice, and ;
when decree upo> decree is had, ia the cir
cuit court, tk« diffatisfied party has a right
to a writ cf error, triable before the fuprsme
court, which writ'hedaimsjundcr the judicia
ry Jaw* of the United States, at aay time
within th« period ®f five years after the last
decifien »f the circuit ccarf—thereby hang
ing up eaufes to a lenght ®f time when the |
principal parties refpoaoleat may he all dead,
and only orphans left as parties interested,
f» contrary to that excellent maxim, which
require* Just ice to be adrr.iniftercd speedily
with®at delay—To fay nothing of be.
ing •ompellid t® travel better than fix kaa
dred miles to the feat of National Govern
ment, where that court is held, and the
great expence in defeating a suit in that
high tribunal. Our citizens ccnceiva the
grievan*e to bt greater when ik*y know
that the flats courts are in every
fully ard regularly exercised, and jnftice
brought to the doer of every individial.
1 cannot emit mentioning to you the glo
rious intelligence, that cur fellow citizens,
who were lately in bondage in Tripoli, are
now free.—What a foiuce of fatisfaflion
rout it be, to every citizen cf the United
State*, to knew that as soon as the intbrw
ati®n was iKeivsd ®f tbeir qp.jfcitonc.
which r»iie them captives, the energies of
•nr Nuion were immediately employed for
their deliverance with that wifdoai, which
we have reafoii to hope will alwaj s be found
whenever occafian may require. While
this circumstance affords us reason to rejoice,
there is another which, if we accredit the
various channels of public intelligence, fore
bodes a rtptnre with one «f the nations of
Europe. This serves me again to call on the
Lcgiflatare amply to fepply the state with
the means of defence, and I troft the General
Affsaably will not rife from its fdfion, un
til provillon is made for the acccmplilhtncnt
offo defirabie and important an objeft.
There arc other considerations which can
not be too often brought before our Lcgifla
tare:--fuch as making previfier, where it
may be required, for the education of our
youth, on which depends the preservation
of cur excellent government ; and for the
improvement of our highways and water
eourfes, each of which has been greatly at
tended to by ether states, and for which the
just praifee of the enlightened and intelligent
of mankind, both at home and abroad have
been hefiowed upon them.
The Militia law having veiled the Major
Generals colkdivcly with the power of de
termining on the uniform for the refpeftive
corps cf Militia, I deemed it proper to
convene than at this placs, on the 19th of
August last, for that objed ; I herewith
traimait in packet No. 6. the rcfult of their
meeting,
In p«ufuance of a concurred refol«tion of
- lat Genera! Aftembly, certain papers in
the Treafary, to wit—Paper Medium,
Audited Certificate?, Funded Certificates,
Governor's Warrants, Frefident and Speak
ex’s Vvarrattia, Stc, tie. wera defrayed
under the inlpeiilien *f the I'rcauircr, Comp
troller Genual, and my fell, having been
firft entered in a beck provided lor that pur
ptfe, as the rd»iution required.
On the 17111 cf lift month, I had an in
terview with the Superintttndsnt cf Indian
Affairs, who was on his way to the feat
cf National Government with a deputation
of Creek Indians, who, he fa id, were vett
ed with full power to dispose cf the lands
to the Oakmulgca River.—Having before
received in substance the above information,
1 took an early opportunity of writing to
the fecrerary of war, reminding him cf the
claims of our citizens, lor depredations
committed by the Indians at different peri
ods, a schedule of which I had before trans
mitted ; a copy of my letter and his answer
thereto, are centaired in packet No. 7.
The warrants which hare bc«n draw* on
the treasury, during the political year 1805,
you will find in packet No, *, amounting
in the aggregate, to the f*m ofD.44*
364 24A cents; D. 37,469 97 cents
of which were fpceially appropriated by
Jaw...-Out cf the fifteen thonfand dollais
appropriated as a contingent fend, I have
drawn to the amount of D. 6,894 cents
! ot which D. 465 641 cents were uquired,
by a concurred and approved resolution of
the Lift General Affe»bly, to be drawn
from that fund.
The only cases cf aa extraordinary nature
with which the contingent fund has been
made chargeable are far the pay and subsist- i
cnee of a guard in Chatham coenty, to pre
vent the spreading of the fmall-pox—for
the labourious talk of arranging a*d tra*f
cribing in alphebetical order the names of
our Fellow-Cituens throughout the state,
who were intitled to draws in the late land
lottery—-and for the expcnces of three cf
the consmiflioaers of said lottery, while at
the feat of Government—no fpccial ap
propriation having been made in their favor,
I thought it but just to defray their expences,
not doubting bat that the Lcgillat«re will
amply reward them for their services, which
were faithfully and fatisfaflorily performed.
A lift of Executive appointments made
during the reccfs of the LegiHatura, is
marked Ko. 9, and will require yo«r in.
terference....
JOHN MILLEDGE.
State Hcufty
L»utfvtlle % November 4, iBos.
VIENNA, August 7.
The French smbaffador has addrefftd to
o»r government a note, couched is the most
infelent terms, demanding a peremptory
explanation of the ohjetfs of the warlike pre.
parations going forward in the Auflrian
dominions, and the extraordinary aflivity
in the military departmest. The note also
demands a peremptory answer, whether it
was the intcitio* of Auflria to go to war
with France j whether any recent treaty
had been amcluded with Rtffa, or whether
any alliance with that power was on the
point ©f being ccsclvded ? The”anfwer of
the couft of Vienna to these interrogatories
was highly dignified. It stated, that the
cf such large bodies' of Ftcnch
tro#ps had rendered precautions On the part
of Austria indifpetfible. All the r.egotia.
tieas with Ruff a had solely for their ebjeft
an armed itealrality, and that any more in.
tiaate cruneflien with foreign powers iruft
depend fo»e!y en cifcurrfianccs.
Immediately *fter this answer was givcji,
the Freuch amkffader gave afiurarces that
the, gresteft part cf it* French trocis
ihould quit Italy.
It is that the repul lie of R t g’ffa
has spfhod to be Incorpcnied with Atifiia,'
in lams lion of tk of Genoa ; p, v , c „ ft
; i-JAMfibRGH, August : 3 . 1
AjVthcDamQi troops In the territory c f I
itolftein and Scfeelfwing, hare received or* I
dors to hold theatfelrcs in readiness to nsarcl * f
A Ruffian courier having brought very
portast dispatches to Copenhagen, an expref*
was immediately Tent effby the Princc lvlin
ifttr to the Prince Royal, wh o Was wit's
the Ptincefs in the German part of the Danish
dominions, requeuing his immediate return
t» Copenhagen., Great movements b 3Te
been cf late ohferved among the French
troops in Hanover; and it is fbongly Gf_
petted to be the Coificaois intention to
match an army i»to Hoiflein, ar i t*occa»T
Glockftadt, rittfum, and Tciningen, to %
to fliut upevery communication wwh Grea*
Britain, and evon t* blockade the Sound
from the land fide. This p?nn of operaticnj
wbi«h m laid to have Weed offered to Eona!
parte by General Schauenbnrg, has received
his full approbation; but the court of Sr.
Peterfimrgh haring been inferred of it*
the aiolf pofctiro orders were sent to tke
Daaes to defend the neutrality and indepea.
dencc of their territory.
PARIS, August zg,
Letterr frern Naples, dated August 2 ,
estimate the damages in that city, by th c
late earthquake, at 84,6*0,000 francs.
The following are extracted from relates
made to the government by CG-mmifficnei*.
...In Iberia the ccnvuhmn was terible,
the ground spentd and vomited forth flames;
and 339 famiiias were swallowed up.
In Callei Pttrofo there perished 132
Tatsvilier. J
- - - - 54
Frefolonc, ... -
St. Angelo.in.Ceils, - 45
Barramillo, - - . jg G
Cantalapo, - - _ j^ 2
Loienzane, and St. Attgeifc.oT-J
have been entirely destroyed.
A letter from Roms mentions the wide
■umber of families which periled at
—that ri villages were deftreyas—ard
4600 houses at Naples, more or Icfs injured.
LONDON, August 2.
The following article is now circalafcd on'
the continent, as comprehending the prirci
pal complaints dkdgtal by the t«iat ox Vi
enna against the government of France, viz.
The occupation cf Hanover,
And of the kingdom of Naples, as well
as The Helvetian republic, contrary t*
tho treaties of Ratifhon and Lttreville.
The incorporation of Piedmont with the
French Empire.
The invasion of tke German empire by
the feizurc of the Duke D’Engheia on the
territory of the elector of Baden.
The seizure of ftveral iflaadson the Rhine
which, according to the treaty cf P.atiifbw?,
Lelorged to the German empire.
The demand, or rather threat, to occupy
all tka seaports in Dalmatia, and ii the
cl demant Venetian states, during the pre
fen t war.
The demand of menace, to occupy the
capital of the kingdom of Naples, and all -its
forces aod seaports.
The occupation of all the seaports of the
kingdom cf Etruria,
i The incorporation cf Parma and Placonza
with Fiance, contrary to the ft ere t arti
cles of the treaty of Lfineville.
The imperious demands to the ccurtf of
- and Naples to exclude a!) Brirlfb
and Ruffian fbips, from their refptftive har
bours.
The late imperious demand to occupy
the seaports in the iflaoi cf Sitily.
The creation of a new kingdom in Italy,
contrary to the feeret articles cf the treaty
»f Lwnevillc.
The incorporation «f Genoa with the
French Empire, contrary to the feeret arti
cles of the treaty of Luneville.
The cvafive and insolent answer given t*
the representations of count Cobeat zel, a«-
baflador from the emperor of Germany ;
and,
The insulting language held by the chief
of the French government to ail the rapte
featatiofls «f his majeftv te the emperor of
Germany and Austria.”
Augvjtii.
A c#ntraft has been enccrcd into by cur
government and that of RufCa f»r bailding
at St. Pcterfhsrg and other Ruffian arftnals
12 fail of the line and frigates, for the
fcrvicc of this country.
Attguji 26.
General Lord Hutchinson, the gallant
and distinguished conqneror of Egypt, has
in general oreltrs just ifiucd, been direfkd
to aft upon the Staff, in case of invafio*,
and bis fcrvices are to be particularly attached
to the per Ton of his R*>yal ilighaafs tke
Prince of Wales.
Auguji 27, 1
An article in a Cotk paper, W'e receiVcd
this morning, ccaißKnicatea the fcllowirg
impsrtam intelligence. It dates, <( that
at this moment the Sf?nifh Monarchy ftiskes
to its foundation. Thcfcries of circumftan
ees which immediately reused all tbofft
fymptcir.s indicative cf the approaching <3e
cadencc of this ancient Mwatchy, we can
not now dcvclope for fcvcrsl rcslbru—►but
we ca« aver that the utmeft qcnßtraztkn
prevails ia the Palace of Mcdrid, as well
as in Cabinet and Cauncils cf Ihe State.
The arrogance and tyranny cf th'i Prince 0.
Peace, h*s rcafti tke of i '