Newspaper Page Text
Georgia Gazette.
m r
fto. 74 8 -)
■G E 0 R G I A.
I In the HOUSE of REPRESENTATIVES.
i Monday, 29th January, 1798.
motion by Mr. James Jor.-.s,
HJ Refolded, That the resolutions which he laid on
■Stable oil the 17th lnftant, -efpe&ing the Weftem Terri-
Ki-y, be now taken up.
■ The resolutions then were taken up and read, paragraph
ly paragraph, and are as fqllows:
| ; -Whereas this state hath a very extensive and fertile trad
If country, situate from the Chatahouchie to the Mifljpfipi,
Ko remote to be conveniently or advantageously fettled
Indcr its laws and government, but which, from the many
liftinguifliei advantages it enjoys as to climate, navigation,
lid variety of foil, as well as from being on the fouthweftem
boundary of- the United States, would be a very desirable
Icquifition to the General Government: And whereas the
legislature of this state is desirous of forwarding and pro
toting all such meafuics as may appear for the prosperity
Ld advantage of the Union) as far as is confident with the
Ights and interests. of this state individually:
the extenfiou of tlie frontiers, by the. extiri
laiflunent of Indian claims on the lands immediately adja-
Kne to the temporary line between the white inhabitants
Kd Indians, is of the firft importance, to the welfare and
■ofperity of this state, and hath for many ye.ars past ex
ited great anxiety and solicitude amongst the citizens there-
Ks, but no rational hope can now be entertained of obtain
ing that great object, without the active aid and vigorous
Import of the General Government, and no njeafnre ap
pears so likely to engage such aid andfupport as a cession of
I part of the western territory to Congrcfs on certain cou-
Bitions: But whereas the provisions contained in the present
fconftitution of this- state, for laying off new counties in
that territory, (without any express or implied authority to
So wfth it otherwise), is deemed and confideredby this Le-
Siftature as excluding any other disposition than such as is
therein expressly directed, such a cession at present Would
le an infringement of the Constitution.
I Tliey the less regret this impediment, when it is recol
ledted that the Convention is to meet in May next, for the
lurpofe of reviling the Constitution, when an opportunity
bill present itfeif of having the objection removed.
I This method of treating lb important a fiibjeft is deemed
Inoft conlKfent and becoming, the Legiflamre, as it will af
ford $n opportunity to their Constituents of exerciling their
judgments, and inftrtufling their Delegates in Convention
an the contemplated plan for disposing of that territory,
which has already excited au unfortunate agitation and
nquictude throughout the state, wfolft at the fame time it
will give room for the General Government to intimate its
>pprabai.ion or dislike of the proposed.
Be it therefore resolved , by the Representatives of the
state of Georgia, in General Assembly met, and by autho
rity thereof, That‘it be, and is hereby, earnestly recom
nended to the next Convention, tp amend the present
Constitution of this state, by adding a clause, fedtion, or
article, expressly authorizing the I-egiftature. to make a
teffion to Congycfs of all the lands belonging to this state
ying southward and \yeftward of the mpft fouthem source
ir stream. of the Chatabouchig river, on the express condi
tions and.provisions herein after enumerated, that is to fay:
‘Firft* The United States fliall pay to Georgia the sum
)f ony and an half mUJiop dpjfers, either in specie, bank
>r fended frock of the. United States.
Second . That the fail United States shall, at their
jwn proper and foie expence, extinguilh, or cause to be
rxtingui died, the Indian claims in.favpr of Georgia on all
ihe lands to the northward andeaftward of the said southern
■hnvee or, stream of the rjver Chatahouchie, iji such portions
Ini within inch periods as follow, that is to fay: On all
Ihe lands lying between the present temporary line between
Ihe white inhabitants and Indians and the river Qakmuigie,
within t.vo years from the date of the cession; on all the
puds lyiifg; between the laid river Qakmuigie and Flint
Pyer, within seven years thereafter; and on all the lands
|ety*n the said river Flint and the Chatahouchie, within
liftcm years.
V .Third,. That the Unfad States (ball guarantee unto
Ibis state the absolute right and title to,all the lands to the
fcorthwardiand eastward of the said river Chatahouchie for
fcver.
I Fourth* That the territory so ceded to the United
States IfeUl, as loon as it. ljatb-inhabitants fufficient to en-
Istle it t< a Ueprefentative in Congress, be admitted into
■be Un'uuj s a hoe and independent state or states.
I \V be tees heretofore various feheme<* have been projected
■ud pyoiecyted by individuals to obtain large tra&R of con-
Ky. v. ftiiiu tins state, which have been the source of great
fcets and disitmftons, as weUaWQDgft the body of citizens
Is m. the Leg'llotum, and winch, if acoomplilhed, must
Kcntialty check the pregrefe of agriculture and population,
counte. att that f, stem of equal rights w hich is the pe-
BJ** r boait of the American .Government, in order, there-
Bfe? ti prevent, as far as may be, all such attempts in
■pnv, Be it reflved, by. the Representatives of the State
■ Georgia, in (feneral Assembly met, anti by the authority
■ the lame, That it by fertber recommended to tle enfu-
I Convention to aovtK* the prefeutConftitution, by adding
■ tide or clause fexiug cleirly and precisely the pernran
■t l;m:t* and boundaries oi‘ the .state/ and absolutely and
■prcftly proliihitiug all mouopolks of laud by individuals,
Bd.ef.-try other difpofriion .of any lands within such per-
limitSv than bv granting tliem on a fair,
B : k and diffi.ftvp plan, to aclusil fettiers, except such
as the- state hath pledged her faith for, in andljy
BAn A est far fuppj-yffing tbe Violences of the Indians,”
alio r.ft.icVmg every kin, l of legislative interference
~B il an .~ oi’ C.t lands within tlif-faid permanent limits,
FRIDAY, FEBRUARY 23, 1798.
until the Indian claims Ihill firft have been fairly extin*
guilhed.
Doubts having been suggested in the Senate of the United
States as to the right of Georgia to her western territory,
and a claim set up in favor of the United States to all the
lands lying weft of a line drawn from the head of St. Ma
ry’s river to the source of the river Oakmulgie, or weft of
the sources of the rivers which fall into the Atlantic Ocean,
from the weft and northwest, it may not be amiss to fob
join a summary Iketch of the grounds upoiv which this state
rests her pretensions to those lands.
When the thirteen Britilh Colonies found it necessary to
confederate for mutual defence and prote&ion agiinft the
oppressions of the Mother Country it was wifely determin
ed to guard the rights of the individual members against
encroachment from any future aspiring pretensions of the
whole, it was therefore thus expressly stipulated in the Ar
ticles of Confederation: Article ad, “ Each state retains
its sovereignty, freedom, and independence, and every
power, jurifdittion, and right, which is by this Confedera
tion not expressly delegated to the United States in Con
gress assembled.” And, tt No state fliall be deprived of
territory for the benefit of the United States,” Article 9th.
When it was afterwards thought expedient to revise the
original compact entered into in the times of danger and
difficulty, and to form a more efficient system of goyern
ment, the. mutual assurances and engagements originally
given, and pledged at tlie Confederation were by no means
overlooked or difrefpe&e.l, but, 00 the contrary, were ex
pressly recognized and confirmed. Thus, in the 3d feeftion
of the 4th Article of tlie Constitution of the United States,
in the fame clause or sentence which preferibes tlie authority
of Congress as to territory, it is expressly declared, “ And
nothing in this Constitution fliall be so construed as to pre
judice any claims of the United States, or of any particular
state.” And, Article 6th, “ All debts contracted, and
engagements entered into before the adoption of this Con
stitution, fliall be as valid against the United States , under
this Constitution, as under tlie Confederation.”
Ic cannot be alleged that Georgia did, at tlie Confede
ration, expressly or by implication, delegate to the United
States any part of her territorial rights, neither is it pre
tended that she hath at any time since surrendered to the
General Government her right to the territory in question,
or any part thereof. Whatever extent of territory, there
fore) this state enjoyed at the Declaration of Independence,
flie retains and enjoys Unimpaired to this day.
The boundaries of Georgia as a Britifli colony (with which
boundaries (lie, as well as her After states, came into the
Confederation) will be readily traced. It is not considered
material, in this pursuit, to recite the original charter in
1732, the surrender of it in 1752, the refpe&ive commissi
ons of the Royal Governors from that time till the year
1763, (all which define the limits of this colony to extend
westward as far as the South Seas) or the various afrs of
the Britifli Crown and Board of Trade refperiling her bound
aries prior to the treaty of peace concluded between Britain
and Spain in 1763. By this treaty Spain ceded to Britain
East and Weft Florida, and relinquiflied her tlaim to the
lands between the rivers Alatamaba and St. Mary’s. These
imorptant acquisitions attrariled the earliest attention of the
Britilh Cabinet; the lands between Alatamaba and St.
Mary’s we *e, by Royal proclamation, dated 7th day of Oc
tober, 1763, attached to Georgia; by the fame proclama
tion the boundaries of East and Weft Florida were clearly
defined as follows, that is to fey: East- Florida, “ to tlie
northward by a line drawn from that part of the said river
(Apalachicola) where the Chatahouchie and Flint rivers
meet to the source of St. Mary’s river, and by the cmirfe
of the feid riyer to the Atlantic ocean.” Weft Florida,
“ to the northward by a line drawn due east from that
part of the river Miffilippi which lies in 3 1 degrees of north
latitude to the river Apalachicola or Chatahouchie.”
In the year 1764 George the 111. Ring of Great Bri
tain, by his letters patent, dated the 19th day of J ujuary,
in the said year 1764, being the 4th of his reign, did re
voke his former letters, appointing Sir James* Wright Go
vernor of the colony of Georgia, within certain limits
therein deferibed, to wit, south by the Alatamaha; and
did, by his feid firft recited letters patent, reappoint him
Governor of the fame province, the limits whereof are
therein expressly deferibed as follows, that is to fay, “ On
the north by the moll northern stream of a river tliere, com
monly called Savannah, as far as the head of the said river,
and from thence westward as far as our territories extend;
on the east by the seacoast, from the said river Savannah,
to the must fouthem stream of a certain other river, called
St. Mary’s, including all islands within twenty leagues of
the coast lying between the feid river Savannah and St.
Mary’s, and on the south by the said river St. Mary’s, as
far as the head thereof; and from thence westward, as far
as our territories extend, by the north boundary line of our
provinces of East and Weft Florida.”
It will pot be denied that the United States obtained a
relinquiftiment.of tlie Spanifli claim on the lands between
parallels drawn due east from the 31st degree of north la
titude on tlie Miffifippi and the mouth es the river Yazoo
to tlie Apalachicola or Chatahouchie, by the foie aid and
support of the Georgia title to them; what other grounds,
in Abort, could the United States have had to contend up
on ? for Georgia being, as before recited, laid out on the
north boundary cf East and Weft Florida, there was no
space left for the United States to contend for; and al
though doubis might have existed as to tlie true north bound
ary of Weft Florida, on which Spain grounded her claim
to those lands, yet, when her claim was relinquiflied, it
was thereby admitted that the 3 ill degree of north latitude
is the true point on the Miffifippi from which to draw a
line due east to the river Apalachicola or Chatahouchie, as
(4 dollars per ann.)
the north boundary of Weft Florida, which virtually con
firms that line as the south boundary of Georgia, agreeably
to the aforefaid proclamation and commifiion of Governor
Wright.
Resolved , That these resolutions be immediately pub
lilhed in the Gazettes of Savannah and Augusta, > for the
infpe&ion of all fee citizens; and that his Excellency’
the Governor be requested to have them laid before the
next Convention.
And on the question to agree to the resolutions the yeas
and nays were required, and are as fellow: Ayes 32.
Nays 2.
So tlie resolutions were agreed to by the House.
Ordered , That tlie Cferk do cany tlie fame to the Se
nate, and request their concurrence thereto.
Extra ft frow the Journals of the House of Represent
-1 . afives,
James M. Simmons, Clerk*
In Senate , January 31 Jl, 1798*
Read and concurred in.
- Ext raft from the Journals of Senate,
Wm. Robertson, Secretary.
kXiiCU 11VE DEPARTMENT.
Louifvtlle , Bth February, 1798.
A CONCURRED refelution of tlie ad instant being
presented and read, as follows:
“In the HOUSE of REPRESENTATIVES.
Friday , the 2 d February, 1798.
The House proceeded to take under xoufideration the
resolution moved by Mr. Watkins, of the 31st ultimo,
pointing out the method of filling vacancies that may hap
pen in the ensuing Convention, and the fame being read i
as follows:
Whereas a just and equal Representation is inseparable
from the idea of a free government) and the rights and
happiness of no people can be secure without a due apporti
onment of such Representation: And whereas no provision
has been made whereby such just and equal Representation
can be accurately made, afcertiined, or apportioned: For
remedy whereof, Be it resolved, That it fliall be the duty
of the Captains or Commanding Officers of Militia through
out the state to make out fair and accurate lifts of all free
white persons, as well young as old, residing within the
limits of their refpeftive company diftr'nfts, and they are
hereby required to return tlie feme, duly certified under
their hands, to the Clerks of the Superior Courts of the
several counties, on or before the firft Monday in April
next; and it fliall be the duty of the feid Clerks to trans
mit, by the hands of fee Members of fee Convention,’ all
such returns, under seal, to the President bf the Conven
tion, for the information of that Body.
And whereas no mode has hitherto been pointed out for
filling up such vacancies as may happen by the death, resig
nation, or otherwise, of the Members returned, to represent
the state in Convention, Be it resolved , That his Excel
lency the Governor be fully authorized tod empowered,
and he is hereby required, to issue writs cf election for filling
up such vacancies; provided that no election fliall be held
in any county without ten days previous notice thereof’
having been set up in writing at three or more of the moft
public places in the county; and all such elections fliall be
held and conducted, and the returns made, in like manner
and form as is preferibed by law for the election of Memb
ers of the Legislature.
And on the question to agree to tlie feme it passed in
the affirmative. Ayes 24. Noes 19.
Ordered , That the Clerk do carry the fame to the Se
nate, and request their concurrence thereto.
Extra ft from the Minutes,
James M? Simmons, Clerk-
In Senate, ad February , 1798.
The foregoing resolution being taken and read was con
curred in. /
Tejh Wm. Robertson, Secretary.
Ordered, That certified copies thereof be tranfinitted
for publication to the Printers in Savannah and Augusta,
for the information of all whom it may concern.
AttcJL Thomas Johnston, Sec. E. D.
iv Q T l F 1 C AllO /v.
A LI. Tax Collectors, who are in arrears, are requested
to come forward to the Treafiuy, and make a settle
ment, by the 25th day of March next, otherwise executi
ons will issue agreeably to law. Sheriffs, who “have- o
mitted to return their executions, and Clerks of the Courts,
who have not made returns and fettlemcnt, are notified to
do the fame, on or before that day, or the few will -be
enforced against them. Receivers of Tax Returns, who
have not sent forward their returns, are desired to depofite
them in tlie Treasury immediately.
Persons fending packets or letters to the Treasurer by
poll are requested to pay the postage, otherwise the letters
will go on to the General Poftoffice.
JOHN BERRIEN, Treasurer.
Treasury Office, Louifvtlle, February 9, 1798.
NOTIFICATION.
THE Members of tlie Grand Lodge of Georgia, and
the refpcCtive Lodges by their proper Representatives,
are desired to attend at the Long Room in the Filature, in
the City of Savannah, on Satuiday the 3d day of March
next, at 10 o’clock in the forenoon, being a Grand Quar
terly Communication.
By Order of the Right Worfhipful Grand Master,
William Belcher, Grand Secretary.
Savannah , February 21, 5798.
WANT EDON RENT,
A SMALL convenient DWELLINGHOUSE in a
centric part of the city. Inquire of the Printers-