The Augusta chronicle and gazette of the state. (Augusta [Ga.]) 1789-1806, November 09, 1805, Image 2

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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 '