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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. * ' • * V J'* r.*' t* ’’ r *T > ? * > x ‘, ‘ *'. •'■7 ’ \ «V *. ./*/ > ‘ M • •■' 4 * ,‘t ' » *'* # ' ' * . •• < ” ■'■■■ '■ .. A., \ *•-V . •*- »•f&vj *jj ’ j • .A:. .. r>. _ i> .i-i- T"■i l ■ r «■■ *« ■_ . i." «• ■' . -*i»" . -..-I- .■ .. ■ I I « ■' —— ■ rR II D O M o» THI PRESS in TRIAL >t J « * * mu >uu» (artel***. ./ ■. , . . '■ v'.-" ~■" -—■—&■——■—-v« ■■■ j.i naii • •. _ ■ . ■. t • . _ I r~ 1 -rV - I ■- - - x -• • • X . 1 ' ■ ■ AUGUSTA: Printed by D. DRISCOL, near the market. [3 Dolls, per Annum.'] / ''• 1 . . . - - - '* ■ 'V _ L."__ t : . --■ ' t* •- ■ - ———*——*—*** * •» ■■ ».- ~ ~ -- - - - . - iHfchmUi * i i il« ■ i n——AliMh ■A i n iH—n i* i ■ i«i ■■i il i i 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 , ■ I . * • - ' *■ -■ if _ .. ■ 1 t | j | II ■ I 1 " «■» 1 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* * * ‘.j '“K » t: }., * * ■«' , .V .. . ',« - •■■•» 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 . «w. ,• , •; ■ . \’f *- . , y : v. w ■: ll ’ A • • ■' v • ■,* ‘