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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-