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SATURDAY. March 8. 18&6.
AUGUSTA CHRONICLE,
G A Z E T T E O % Vh E ST A T E.
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AUGUSTA: Printed by D. DRISCOL, near the market. [3 Dolls, per Annum.']
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ACTS.
sassed by the laji Legifattire of the fate of
Georgia.
AN ACT ■ • ...
repeal an aS entitled “ An ad for in- ,
filing penalties on, and conffeating the
tftates as such persons as are therein de
clared guilty of treason, and for other pur
pnfcd therein mentioned, Jo far as relates
to the ban'foment of John Boykin , fen'r,
BE it enacted by the Senate and Ihufe of
Rrpr-Jenlatives of the fats of Georgia,
General Ajfembly met, and by the au
thority of the fame, I hat so much of the
bclore recited aft as refpefts the banish
ment of John B 'yldn, fen'r. of Scrivcn
county* be, and the fame is hereby repeal.
ed, " 1 . f , . *
' ABRAHAM JACKSON,
Speaker of the Hoafe of Repnjleutatloses . ,
r JAllfcO iKwiN,
President of the Striate,
AflT:ntcd to, December 5, 1805.
JOHN MILLEDGE, Governor,
AN ACT
¥0 alter and amend an a-t r-foeßing 'ven
due makers, so far as to autbari/e the ap
pointment of another -vendue mafler in the
city of Augujta, and tn the town of St.
Mary,
*\!Sf HERE AS it is represented to the le
giditare, that it is necessary to increase the
number of vendue matters in the city*of Au
gutta, and in die town of St. Mary.
BE it enacted by the Senate and Ihufe
of Representatives of the State of Ge
orgia, tit General Jffembly met. That
henceforward the (aid city ot Augutta, and
ft. Muy, (hall be entitled to have two
vendue matters, to be appointed by joint re
solution ot hath branches of the legidature,
and v/ho (bail in ail refpefts proceed andjeon
themfelvcs in conformity to theafts
heretofore passed for regulating vendues,
for and during the Mine they may be in of
fice.
ABRAHAM JACKSON,
Speaker of the liiufo of Re pte/e/ja fives,
JARED IRWIN,
P ref dent of the Senate , pro tern.
Assented to December 5, 180$.
JOHN .MILLEDGE, Governor.
AN ACT
*TO alter and amend an ad entitled an ad
to carry into effect the ftxth fedion of the
third artile of the cons itution, and to a
mend an ad entitled an ad to carry into
efftd the ftxth fedion of the fourth article
es the cons itution, touching the dtftrthu
iton of intefnte ifates, duelling the man
ner of granting letters of admmiftration,
letters tefiementary and marriage licences ,
and to prevent entails , pa fed on the 16 th
day of February, 1799.
TIE it enacted by the Senate and
fj House of R'prejeuta fives in General
Jffembly met , That a court of ordinary be
held in every count v of this date on the firtt
Monday in January next, and on the firlt
Monday in every second month thereafter j
and if it (hail be thought necessary by such
court, at any time thereafter, it may ad
joorn to the firft Monday in the r;onth
thereafter; except the county of Camden,
where it (hall be the duty of the justices of
the inferior court to hold a court of ordina
ry immediately after the adjournment of the
.nferior court of said county, to adjourn
of ordinary to such time as they
way deem necessary.
Sec. 2. And belt further enaded, That
BoadminittratorlhaU be allowed to fell any
Have or (laves belonging to the ettate of his
intettate, but where, the other personal es
tate, together with the hire of such (lave or
Haves for twelve months, (hall be fufficient
to difeharge the debts due by the ettate, or
where one or more (laves (hall be fubjeft to
distribution and an equal division thereof
cannot be made in kind, it (hall be lawful
for the court of ordinary, by which admin
istration was granted, to direst thefaleof
such Have or Haves, Provided always, that
each distribution of his, her or their guar
dian (hall receive twenty days notice, in
Writing, previous to the granting of such
order, to (hew cause if any he or they can
against such sale.
Sec. 3. and be it farther enacted, That
frern and after the patting ot this act, it
Hull be the duty of all adrainiftrators, of
sales to be made by them, to put up the
property to be fold in such manner and quan
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titjr as (hall be deemed mod advantageous to
raid e&ace.
Sec. .4 And be itfurther enaSed by foe
authority aforefaid, That the find courts of
ordinary upon application made by any ad
miriiftrator, guardian or diftribatees of any
estate, after the expiration of two years
from the date of such, letters of administra
tion, (hall appoint three or more freeholders
of the county in which such application (hall
be made, whose duty it (hall be to divide
the said estate fuhjeft to diftrthutton into as
many parts or (hares as there are diftributecs
and afligns, by lot or otherwise, as to them
(hall seem proper, one of the said parrs or
(hares to each diftributee, or His, her or their
guardian or legal representative firft giving
bdnd and approved fecuriry to the laid ad
ministrator, to refund his or her proper
tlonafilo fwrr, «f nnv debt which may be as
terwards eftablilhed agdnft the said
and the cods attending the recovery of fifeh ’
debt, Provided always, the party ap
plying (hall give to all the parties in inte.
rest written notice thereof twenty davs be
fore the meeting of the court at which the ,
said application is made. And provided al
fd, That the perfonsfo making diftribmion
(hall he previously sworn to make the fame
according to justice and equity, without fa
vor or affeftion to any of the parties,* to
the beftot their (kill and understanding.
Sec. y. And be it further enabled, That
whenever fecunties for executors, admini
strators or guardians, conceive ihemfelves in
danger of fuffaring thereby, and petition the
court of ordinary for relief, the said court
(hall cause the execurhr, adminifttator or
guardian to be summoned to appear before
them at the next fitting thereof, and (h dl
make such order, and give such relief in the
case, by counter fccurity or ofherwife, as.to
the said court (hall seem just and equitable.
Sec. 6. And be it further enabled, That
when if (hall be made to appear to the fau
isfaftion of the court of ordinary, that any
- executor or executors of an estate are in in
solvent circumstances, and that the date is
likely to be wafted by the improper conduft
of such executor or executors, it (hall be the
duty of raid court, bv order, to compel such
executor or executors to give boftd with ap
proved security for the faithful execution of
the fruft reposed in hina, hey or the* by
the said will, and ia case of failure to com
ply, with such order, to grant letters of ad
ministration, with the will annexed, to
such person as would be entitled thereto if no
such executor had been appointed.
Sec. 7. And be it further enabled by the
authority aforefatd , 1 hat where there had
been a contrift or contracts in writing, for
the sale of land, and the party to whom ti
ties are to be made dies before such titles
are executed, it (hall and mav be lawful for
the court of ordinary to order the tide or
titles to be made to the heirs general of the ,
party dcceafed.
Sec. 8. And be it farther ena&ed, That
where any person or perfmji (hall depart this
life afterhaving entered into any written a
greement for the conveyance of any real es.
tate, the obligee (hall alio have departed
this life, the executors of the obligor (hall
in like manner make and execute a con
veyance or conveyances to the heirs of the
obligor.
Sec. 9. And be it further enabled by the
authority aforefatd. That it (hall be the du
ty of all ministers of the gospel, judges,
jnftices of the inferior courts or justices of
the peace, who (hall hereafter join together
any person in the bonds of matrimony, to
make a return on the marriage licence of the
aftual intermarriage of the parties and the
day in which the fame was solemnized, to
the clerk of the court of ordinary, whose
duty if (hall bfc to enter the fame in 2 book
to be kept by him for that purpofc, for which
he (hall be entitled to a(k and rcceccive the
sum of twenty.five cents, whieh (hall be
paid when such licence (hall be granted,
which register or a certified copy thereof,
(hall be admitted as’evidence of such mar
riage in any court where the solemnization of
such marriage (hall be called in question.
Sec. 10. And he further enaded by thi
authority aforefatd. That this aft fliall not
effbft or operate on any adtniniftration here
t„foregran«dAEßAHAMjAc;,soN
Speaker of the Ihufe of Reprefenlattves ,
' . JARED IRWIN.
Prejident of the-Senate .
A (Ten ted to December 6, 1805.
JOHN MILLEDGE, Governor.
■
G E
Ext rat t of a letter from the secretary of fate
to James Monroe, E/y. dated sth y Janua
ry 1804.1 ftldijpvi to imprejjments,
[continued.]
Taking reason and juftiCc for the lefts of
this prafticr, it is peculiarly indefcofible;
bccaofe it deprives the dearest rights of per
sons of a regular trial, to which the most
inconsiderable article of property captured
on the high seas, is entitled ; and kave§
their destiny to the will of an c fficcr,.’ fbme
tiTns cruel, often ignorant, and interested
by his want in his own dfict
fions. Whlh«lwP%p«ty found in » neu
trai veITJ, is fnppofcd to be liable on any
grounds to capture and condemnation, the
' rule in all caTes is that the question (hall
not be decided by the captor, but l-c carried
before a legal tribunal, where a regular trial
may be had, anct where the captor hrmfelf
is liabl* to for «n ah ofc tis his
power; can it be rcaforabie then, or just,
that a belligerent commander who is thus
reftrkted, and thus refp<onfible in a case of
mere property of trival amount (hould* be
'perHMtreil, without recurring to any, tribu
nal whatever, to examine the crew of a
neutral veflel, to decide the important qurf
tion of their refpeClive allegiances, and to
carry that decision into instant execution,
by forcing every individual he may chufe,
into a service abhorrent to hie feelings, cut
ting him off from his most tender connec
tions, exposing his mind and his person to
the most humiliating difeipline, and his
lifr itftlf to the greatest dangers ? Reason,
sjuftice and humanity unite in prptefting a.
g.tinft so extravagant a proceeding, And
what is the pretext for it ? It is that the
ft mils riry of language and of features be
tween American citizens and British (ob
jects, are fucb as not easily to be dtftinguiftu
cd j and that wi hout this arbitrary and
iv.xrfT.'.ry »■»?lie; the diWnflioe,
Brtt ill) fubjeCts would cfcapc, under the
name of American citizens, from the duty
which they owe to their fovercign, Is then
the difficulty of diftinguiftiing a mariner of
one country from the mariner of the other,
and the imp mance of his services, a good
plea for referring the question whether he
belongs to tjie one or to the other, to an
arbitrary dJfeifion on the spot, by an inter
efttd and onrefpoiifibk officer ? la all other
cases, the difficulty and the" importance of
queltions are.confidercd as reasons for re
q-iiring greater care and formality in invef.
tiganng them, and greater security for a
right decision on them. To fay that precau.
tions of that fort arc incompatible with the
object, is to admit that the ohjeCV is unjuf.
ftifiable; since the only means by which it
can be pursued are ftich as cannot be jufti.
fied.
The evil takes a deeper die, when viewed
in its practice as well as its principles.—
Were it allowable that Brjtifh fubjeCts
should be taken out of American vcffels on
the high Teas, it might at least be required
that the proof of their allegiance fhoutd lie
on the Britilh fide. This obvious and just
rule is, however, reversed ; and every tea
man on board, though going from an Arne
rican port, and failing under the American
flag, and sometimes-even speaking an idiom
proving him not to be a Britilh fuhjeCt, is
prefymed to be such, unless (hewn to be an
American citizen. It may fafely be affirm,
rd that this is an outrage and an indignity
which has no precedent, and which Great
Britain would be among the last nations in
the world to fuffer, if offered to her ow.i
fubjeCts, and her own flag. Nor is it al
ways against the right presumption alone,
which is in favor of ihe citizenlhip corres
ponding with the flag, that the violence is
committed. Not unfreqoendy it takes place
in defiance of the most poficivc proof, certi
fied in due form by an American officer.—
Let it not be fa id, that in granting to Ame
rican teamen tHfe protection for their rights
as fucb, the point is yielded, that the proof
lies on the American fide, and that the want
of it in the picfcribed form jaftifies the infe
rence that the teaman is not of American
allegiance. It is diftinCtly to he under
floor!, that the cretincate usually called a
protection to-American seamen, is not meant
to protest them under their own, or even
any other neutral flag oh the high teas...-
We can never admit, that in such a fiiuation,
any other protection is required for ihem,
than ; the neutral flag itfelf on the high Teas.
The document is given to prove their real
chartUfter, in fituatiors to which neither
the law of nations, nor the law of their own
: t A S'j *V' jClf* 19*5?
XX. No. 101*
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country, are applicable ; in other words* to
protett them within jhe jurifdidUon of the
British laws, and to secure to them, within
every other jorifdiflion, the rights and im
munities due to them. If in the courfc of
their navigation ev*n on the high seas, the
document (hould have the cftcft of repelling
w tungs of any fort, it is an incidental ad
vantage only, of wh|gh they avail them
t selves, and.; by .tmmean, to be mifeonftrued .
into a light to exaft such a proof, or to
■J, 'v<V-, make ahy diftdvantage ous inference from
the warn of it.
Were it even admitted that certificate*
for protection might be justly required in
time of war, from American feameoj they
could only be required in cases where the
lapse of time from i'a commencement, had
given an opjxwtonily jafcihe Awricih fetife
men to provide with r ?
... 1. mew* cort * in that in « :i "
inftatjees, seamen imprefied Jfrh#
American tfcflcls on the■
ndt this proof of citiernfbip, when the date*
and places of the impteffirenfS demonfl rated
the impossibility of their knowing, in time
to prov ide the proof, that a ftatc of war had
rendered it neccffary.
Whether, therefore, we consult the law
of nations, the tenor of treaties, or the dic
tates of reason and justice, no warrant, no
pretext can be found lor the British pradfice
of making irapreffraents from American vcf
fcls on the high seas.
Great Britain has thclefstofay in excuse
for this pradiice, as it is in diredt contra
diction to the principles on which she pro
ceeds in other cases. Whilst (he claims and
frizes on the high seas, her own fuhjcfls,
voluntarily serving in American vcflcls, (he
has constantly given, when Ibe could, give
as a reason for npt difeharging from her fer
vied American citizen*?, that they had ybmM
lunt-rijy ~UI,A
(he imprciTcs her Own fubjedis from the A
mcrican fcrvice, although they may have
been fettled and married, and even natu
ralized in the United States, she conftanrly
refutes to rclcafc from her’s American cir.
izens irapreffed into it, whenever flic can
give for a reason, that they were either fet
i tied or married within her dominions. Thu*
when the voluntary confcntof the individ
ual favors hsr pretentions, (he pKads the va
lidity of that coofent. When the voluntary
consent of the individual Hands in the way
of her preienfions, it goes for nothing I
When marriage or residence can be pleaded
in her favor, (he avails herfclf of the plea,
Wh*n marriage and residence, and even na
turalization are against her, no refpe<fl what- '
ever is paid to cither 1 (he takes by force
her own fubjetfs, voluntarily serving in oor
veffeli. She keeps by. force American citi
zens, involuntarily serving in hers/ More
flagrant incoofiftehcies cannot be imagined.
Notwithttrnding the powerful motive*
which ought to be felt by the British gov
ernment to rclinquiih a peaftice which expofe*
it rofo many reproaches, it is forefcenihat
objections of different forts will be pressed
on you. You will he fold firtt, of the great
number of British seamen in the American
tiade, and of the nccdfiiyfor their tervices
in time of war and danger. Secondly, of
the right and prejudiced the British nation,
with refpeft to what arc called the British or
narrow Teas, where its domain would be a.
banduned by (he general stipulation required
Thirdly,- of the use which would be made
of such a fanftoary as that of American vcf
fels, for defenions, and traiterous comniu
nicarions to her enemies, cfpccially across
the channel to France.
ift. With refpeft to the British teamen
serving in our trade, it may be remarked,
firft, that the number, though ctmfidcrable,
is probably less than may be foppofed. Se
condly, that what is wrong in ittelf cannot
be made right by cor.fiderations of expedi
ency or advantage. Thirdly, that it is
proved by the fait, that the number of real
British fubjefts gained by the praflice in
quedion, is of inconsiderable importance,
even in the scale of advantage. The an
nexed report to the fubjetd of
impreffuenfs, with the addition of such cases
as may be in the hands of Mr. Erving, will
verify the remark in its application to the
present war. The statement made by bis
prcdeceff jr during the iaft war, and which is
also annexed, in the fame view is (till more
conclusive, / The statement comprehends not
only all the applications made by him in
.the firft imbmee, for the liberation of im
pressed seamen, between the month of June
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