Newspaper Page Text
SOUTHERN
<j
RECORDER.
VOL. II.
MILLEDGEVILLE, TUESDAY, MAY 22, 1821.
No. 15.
PUBLISHED WEEKLY,
(ON TUESDAYS)
BY S. CRA.YTULVD V R M. ORME,
IkT THREE DOLLARS, IN ADVANCE, OR roUK
DOLLARS AT TUE EXPIRATION OF THE
YEAR. ‘ • .
(P* Advertisements conspicuously Inserted at
the customary rate*. »
Jn the House of Representatives, ?
Wednesday, 2d May, 1821. (
RESOLVEDfrhat His Excellency the Go
vernor bo authorised and requested to have
published in the newspapers printed in Mil-
ledgeville, Augusta, and Savannah, the ex
tract from the instructions of the Department
of War to James P. Preston, esq. commissi
oner, appointed by the President of the U-
nited States, to adjust the claims of the citi-
sens of Georgia under the late Treaty with
the Crqek Nation of Indians, as contained
In his communication of t he ilOth ultimo.
Read and agreed to,
DAVID WITT,
Speaker of the House of Representatives.
Attest—Wm. Turner, Clerk.
In Senate, id May, 1821.
Read and concurred in,
MATTHEW TALBOT,
President.
Attest—Will. Robertson, Stc'y.
Approved of, and the publications order
ed to be made accordingly, 7th May, 1821.
JOHN CLARK, Governor.
Extract from the Instructions of the Depart
ment of War to James 1’. I’reHou Esq. Com
missioner, fcc. dated 5th April, 1821.
1 inclose you for your guidance in the dis
charge of your duties, a copy of the late trea
ty with the Creek Indians, duly certified,
with a copy uf the agreement between the
Commissioners of Georgia and the Chiefs
of the Creek nation, and the relinquishment
by the former of the claims of the citizens
ol'Georgia against the said nation. ,
By reference to the Treaty and the agree
mentbetween the commissioners of Georgia
aid the Chiefs of the Creek Nation, you will
perceive that the claims which are todve the
suvject of your decision, are those of the ci-
tizeas of Georgia against the Creek Motion,
and that they are to be decided under such
rues, regulations and restrictions, as the Pre
sident shall prescribe. ,
In tlio discharge of your duty, the first
pc(nt which will claim your attention is*
wtat are the description ot' claims which, on
a Vii- and just construction, are comprehend-
edin ihe provisions of the treaty ; to d«ter-
, moe which, satisfactorily, it will be proper
f logonsider, in the first place, what are the
deicription of claims, which, under such a
construction, are clearly not comprehended
.. inks provisions.
Of the description of excluded claims, you
( wj) consider the following classes,
j 1st. All claims originating in contractor
I agreement between individuals of the State
lolOooreia and of the Greek Nation, unless
iusiumed by the latter previous to the signa-
ltui of the treaty, in full council according
Itotheir usage in such cafes. • »
1 Ihe propriety of excluding this class must,
3D» little reflection, he quite obvious. THe
iraty provides for claims against the nation
tirj uot for claims against individuals be-
Jotipg to it A contract or agreement mi
te*! assumed in the manner specified, is a
thin against an individual qply, and conse-
inRtly not provided for by the treaty,
ttd. All claims against the Seminole In*
Bis i.—The Seminole Indians reaming in
Jvfda, through connected in some degree
ivi the Creek Indians, do not constitute a
pa; of their nation. They have never been
col dered as such by the United States.
Wfcave. been at war with the Seminoles
wiWtit being at war at the same lima with
thtjreeks, and with the latter without be-
Inagutii the former. In the various trea-
tie which we have held with the Creeks,
incHngthe present, they have not been re-
pranled. Being a distinct people, claims
agS them, however originating, are not
coiWehended in the treaty.
All claims originating subsequent to
thepth March 1802, the date of the appro
val f the act regulating trade and intcr-
couffwith the Indians, and to which the
trcii 1 fefers. •
litreaty itself having fixed on this pc-
Tioiithe reason for the exclusion of this
clasrsquires no observation.
4UAII claims originating in the depreda
tiomhmmitted in a period of hostilities, or
nre'XP thereto, ifnot prodived for in the
trealWhich followed such hostilities.
Theadusion of this class rests on a prim
cip!e»|ifccUy well established between ci-
vilizdftlions, and is believed to be equally
apnliUe to Indian treaties. In its applica
tion ithis case, it will exclude all claims
Griming previous to the treaty with the
CrecNation made at New-York the 7th
Ausuitpo (“ f ,v| ' ich 1 ‘ ,[,c|o9e a ct »py>
oxc"ior the Slaves provided to be given up
bv thl article of said treaty ; and those
Dri^iniil subsequent to the date thereof,
an^pilous to the 29th June, 1798, the
date die treaty at Colerain (a copy is cn-
closrfixcept for the property pro\ ided to
be giv'UP in the 7th article.
itlwlaims provided fnr by the 2d arti-
-1p of i treaty of Tort Wilkinson (a copy
of whill enclosed) concluded 10th June,
l8 Thc article of the treaty provides for
that defcition of claims (originating subse-
uuent the treaty of Colerain) which the
art renting trade and intercourse with the
fniiianidfhk'h reference has been already
m2 ^provided for, and stipulated 5000
dollars f the payment of the same. That
vou mu** able to ascertain the extent of
this cl.e.f claiins, I enclose you a copy oj
the saidt, to the 1 fth section of which 1
would pfliiiarly invite your attention.
It is htod that there cannot he much
doubt orldship in excluding this class of
claims fiwWes the question, whether the
oneratiSe 2d article of t ie Treaty
does not tally release the Creek Nation
from theta* for which it provides, and
IL .iresutlon that they must have been
ione sinceE if there lie any which are
no/yet pa the provision of the Treaty for
this purpose is still in force, and the sum pro
vided for the payment, which la still unex
hausted, w ill prevent any injury from result
ing to individuals who mav hold such claims.
This construction will in fact operate to the
benefit of the citizens of Georgia, who may
have claims against the Creek Nation, as it
enlarges the fund out of which they are to
he paid, by adding what may remain of the
5000 dollars stipulated for tnat purpose by
the Treaty of Fort Wilkinson to the 250,000
dollars stipulated in the late Treaty for the
same purpose.
, Uth. Claims originating in set* prohibited
by the laws. It is believed that the propri
ety of excluding this class of claims will not
require any observation. It will he, howev
er, proper to remark, that the nature of the
claims against the Creek Nation prior to the
conclusion of .the Treaties of New-York and
Colerain, being determined by those Trea
ties, the effect ofthiscxclusion will only reach
such as originated subsequent to the date of
the latter, and 'previous to the passage ofthe
intercourse act, that is, between the Kith'
June 1728 and 30th March 1802. During
this period of time, the only acts of Con
gress in force relating to our intercourse
with the Indians were those ofthe 19th May
1796 and 3d March 1799, both of which con
tained provisions almost exactly the same,
as the act of 30th March 1802, of which I
have enclosed a copy. In the margin of
that copy you will seethe variations of them
noted ; by referrence to which, you will rea
dily perceive what arts-were prohibited in
relation to the Indians, during the period un
der consideration, and consequently were
sucli as could give rise to no just claims a-
gainst the Creek Nation.
By referring to these several classes of
claims, which are not included'in the provisi
ons of the Treaty, it will appear tliat the de
scription of claims provided for may be
comprised under the following classes.
1st. Claims for negroes belonging to the
citizens of Georgia, who were prisoners a-
mong the Creeks at the date of tile Treaty
of New-York, and who Were to be delivered,
up under the said Trqaty, but have not. been
surrendered or satisfaction made fox the
same—see 3d article of the Treaty.
2d. Claims for negroes and other proper
ty taken subsequent to the Treaty of New-
York, and in possession of the Creek Nati-
ou at the date of the Treaty of Colerain, and
not delivered up, or for which satisfaction
has not been made.-—See 7 th article of the
Treaty
2d. All claims against the Creek Nation
originating gnihsequent to the date of the
last Treaty, and previous to the passage sf
the act regulating trad^and intercourse with,
the Indians, viz: between the 29th June
1796 and 30th March 1802, not failing with
in the description of claims provided for by"
the 2d article of the Treaty of Fort Wilkin
son, or any other qf the enumerated classes
of claims which are not provided for by the
Treaty. It is believedj jligt the greater por
tion of the claims for tins period will bit
found to originate in the absconding of slaves,
»or straying away of cattle or hoisesfrom the
owners into the Creek Nation, f
4th. Claims of the citizens of Georgia of
a private nature originally, but which have
been assumed by the Creek Nation previous
to the datesuf the late Treaty. *
When a claim is admitted, you will deter
mine its amount by t'te value of the proper
ty, at the time at which the right accrued to
the claimant against the Creek Nation
which time you will particularly note.—
Thus the amount ofathe claims for negroc
or other property, to h«»surrendered under
the Treaties of New-York and Colerain,.will
be determined by the palue of,the property
at the time at which it ought {o hove been sur
rendered. In the same mannei', the amount
of claims oiigiuatii|g between the 29th Junt
1796 and 30th March 1802, will be derm in
ed by the value of ihe property at the time
at which thl claims originated against the
Creek Motion. Take for example, th? case
of an absconding slave, or a horse straying
into the Creek Nation. Neither of iliese
acts ftf themselves constitute a claim against
the Tiatioa. In order lc^ this, the owner
must have regularly reclaimed his propJIty
from the individual into wliosg possession it
came, and failing to obtain it, must have
made his demand through tip: Agent, or go
vernment, on the nation for redress. On
the refusal or Neglect of the nation to give
redress, his claim commenced against it;
and consequrtitly, it is at that time the vatiu
of the property ought to be determined.
Claims founded on the assumption of the
nation will be determined by such assump
tion as to their amount and commencement
It remains to give you some instruction
as to the proof by which the claims ought
to be sustained, and the mode of your pro
ceeding. _ .
The claims, being of a long standing, wilf
require in the proof and investigation much
caution. If the length ofthe time will make
it difficult to establish just claims, it will at
the same time furnish great facility in pas
sing those that are fraudulent; and if the
former consideration calls for liberality, the
latter equally demands vigilance, in examin
ing the proof by which the claims are at
tempted to be substantiated. In this diffi
culty much must be left to your sound dis
cretion. The oam of the claimant to he tak
en before a Justice of the Inferior court or
Court of Ordinary will, in all cases, be re
quired, in which he will state the time, place
as to the fact, constituting the elaims, must be
supported by at least one disinterested wit
ness, whose oath must tie taken in the same
manner as the claimant’s, and whose credi
bility must he certified by the court. In
this class of claims, originating in the assump
tion ofthe nation, should that assumption be
of recent date, or being of long standing, if
not made with the knowledge or assent of
the Agent, it will constitute a strong pre
sumption against its fairness, and will require
the strongest k most unquestionable proof to
sustain it; and even with this precaution, if
the assumption has been recent, the cause of
the delay ought to be.satisfactorily explain
ed, or if it has been made long since, the
cause of the delay of payment ought in that
case to be explained. The nature of the
proof in the case of absconded slaves or
strayed horse9 or cattle, has hern indicated
In the example, which lias been given, as to
the manner of ascertaining the amount in va
lue of that description of claims. I will,
however, summarily state, the proof which
ought in these cases to be furnished, 1st.
proof of ownership; 2d, of the loss or ab
sconding; 3d, of being found in possession of
an Indian of the Creek Nation ; 4th, of the
usual demand in such cases; 5th, of refusal
to surrender; Cth, of Application to the nati
on through the government or Agent, and
refusal or neglect of the nation to cause the
surrender or make satisfaction.
After what ha9 been said, it is believed
that you will be at no loss as to the points
which ought to.be proved in such descripti
on of claims; always noting, that the claim
ant must have been a citizen .of Georgia at
the time the claim accrued.
U is probable that the evidence which lias
been from time to time taken to establish
the claims, and which has been deposited in
the archives of the qtate, may, tfio’ it cannot
be admitted to establish them, furnish you
with useful infonnatinn in testing the proof
which may be adduced for that purpose; k
in order that it may bo open to you, I have
written to the Governor, requesting hjm to
furnish you with all the aids to he derived
from the archives of the State, The’records
here will probably furnish much light, parti
cularly 'as to the most important claims,
and in order that you may he put in posses
sion of it,you will weekly fjprnish a summary
of such claims as you have examined, giving
the name of the claimant, the nature of the
claim, the time of its origin, with su<;h re-
mavks as you may think will expedite the
investigation here; such R9 ihe correspon
dence which may appear to havetaken placb
with ihe Agent, kc. ’'
As soon as you can determine tlic time
which will bp required for the performance
of your duly, you will fix ena period for your
final adjournment, of which due notice will
he given to the citizens |Tf the state, thfoqgh
the Governor. You will tlien close your
proceedings, duly certifying ytfnr record
and decisions, anil transmit them, with the
documebts and proof adduced in favor (if
the claims.cnrrtyrehending both thosp that
may he admitted or rejected, classed under
their proper beads, to this Department, in
nrher that they may be laid before thel’resi
dent for his approval.
LAWOF GEORGI A.
AN ACT
To dispose of and distribute the lands Intely
acquired by tin; United States lu.r tpc use ot
Georgia,' of the Creek Nntio'n of Indians, by
it treaty niude and concluded at tlic Indian
Spaing, outlie eighth day of Junuary, eigh
teen Ifitn li ed and tweuly one ; and to add the
reserve at Fort Hawkins to the County of
Jones.
Be'tl enacted by the Senate and House of
Representatives ofthe Siate of Georgia, in
General Assembly met, and it is hereby enact
ed, by the authority of ihe same, 'That the ter
ritory acquired of*tlie Creek Nation of In
dians by the United States, for the use uf
Georgia, as described in articles of a treaty
entered into, and concluded between Coin
missioners on the part ofthe United Mutes
and chiefs, headmen and warriors of tile
Creek Nationoflndians.atthelndian Spring,
on the eighth day of January, eighteen hun
dred and twenty-one, shall form, and be di
vided into five counties, as follows, to wit
All that part of said territory which lies south
of the line commeflfcing on the Ocmulgee ri
ver, opposite the*town of Hartford and run
ning due west to the Flint river, shall from
one county, to be culled Dooley.
All that part of said teVritory lying lie
tween a line commencing, on the Ocmiilgd
river opposite Fort Hawkins, and running
due west to Flint river, and tile line first a
hove described, shall form one other county
to lie called Houston.
• All that part of said territory lying be
tween the last mentioned line, k. a line com
ntencingatthe Seven Islands, on the Ocniul
gee river, and running due west forty miles,
then due south to tin: Flint river, shall, form
one other county, to be called Monroe.
All that part of said territory w hich lies
west of the last mentioned line and a line
commencing at the corner of Monroe coun
ty, as above described, and running north to
the (Jha'.ahoochie, shall form one other coun
ty to be called Fayette.
All that part of said territory which lies
east of the last mentioned line, running from
the corner of Monroe county, to the Chata-
honchie, shall form one other county, tu be
called Henry.
, . S) 2. And be it further enacted by the au-
aud circumstances under which the claim o-! thority aforesaid, That each of the counties
riginaled, in a manner so specific as to ena-1 herein hefo, e laid out and describt d, shall be
hie }ou to determine, whether it may he divided into districts of nine mi'cs square, as
embraced in cither of the several classes
which have been stated to he excluded, or
comprehended in the Treaty, lie will also
slate in his oath the value of the property at
the time at which thecluiin originated, and
will state that the property has never been
returned, or satisfaction received, or reprisal
made for the whole or part; if such should
be the fact, or if partially received or made, to
what extent. In case ofthe death of the o-
riginal claimant, or where the person claim
ing is not personally acquainted with the
facts, the oath will he to tile best of his
knowledge and belief; and in all cases the
court before whom it may be taken, w ill cer
tify the degree of credibility to which he
may be entitled. Thu oath of the claimant,
near as practicable, the district lines running
parallel to the lines dividing counties, and
ber of Surveyors equal to the number of dis
tricts shall be appointed by joint ballot of the
Legislature in one general ticket, and the per
son having the highest number of votes, shall
be eatitled to the first choice of districts, and
In the same order, agreeably to the number
of votes each Surveyor may receive ; and in
case of a tie between any number of Survey
ors, then preference in choice shall be deci
ded by lot iu presence of the Surveyor-Gen
eral.
I) 5, And be it further enacted, That ten
persons shn)l be appointed by joint ballot of
the Legislature, neither uf whom shall be u
District Surveyor, to run and plainly mark
the several district and county lines herein
before directed, whose duties shall be appor
tioned by the Surveyor-Ueneral, as nearly e-
qual as practicable: and that no ticket shall
he counted, unless it contains the names of
ten persons.
(j 6 .And be it further enacted, That no>
ticket for District Surveyors shall he counted
unless it contains as many names as there are
districts. Any person electt*] n Surveyor
ho shall fail (o'perform the duties of hit
office, ns required by the provisions of this
act, shall be considered us forfeiting his bond,
and himself and his securities immediately
liable therefor.
7. And be it further enacted, That the
Surveyors respectively, shall give bond in the
sum of ten thousand dollars, to the Governor
and his successors iu ofliqe, with such secu
rity as he, ora majority uf the Justices ofthe
Inferior court of the county, ip which such
Surveyor may reside shall approve, conditi
oned for the faithful performance of thedilties
required of them by this act, w.hich bond shall
be deposited in the Executive office.
8. And be it further fnacted, That it shall
he the duty of .the'Surveyors appointed in
pursuance, of this act, to make the Surveys
of the counties and districts, to which they
may lie appointed, in their own proper per
son, to mark, or cause to he marked, plainly
and distinctly, upon trees if practicable) other
wise on posts; all cornels and stations and all
lines which they may he required to run for
the purpose of malting Ijie surveys of their
respective counties and districts immediately
upon being required »0 to do by the Survey
or General, totalise all such lines to be mea
sured witl) all possible exactness, with a half
chgin, containing thirty-three feet, divided
into fifty equal links, which shall be adjusted
by the surveyor General, according to the
standard, in his ofliau ; to lake as accurately
as possible the meanders of all water courses
which shall form natural boundaries to any
of the surveys ; to pote ill field-books to be
kept by them respectively,.the names ofthe
corners and station trees which he narked
and numbered under the direction ofthe Sur
veyor General; also, all rivers, creeks and
other Water courses which inay be touched
upon or crossed, in running any ofthe lines
aforesaid : transcripts of which field books,
after being compared with the originals by
the Surveyor General and certified and sign
ed op every page by t ie Surveyor return
ing the same, shall lie deposited in the Sur
vey or-Generar^tolfice, and become a record:
and the District Surveyor* shall make a re
turn oflthejr shrveys and works within ninety
days, from the time they are notified to en
ter upon the discharge of their duties, con
taining a map uf their district in which shall
be correctly represented and numbered all
lots and fractions of said district, und waters
therein delineated as the Surveyor-General
may direct; and also return at the.same lime
a detached plat of each lot and fraction which
said district may contain, ceflified and signed
by such Surveyor : w hich plat shall be filed
among the records ofthe Surveyor-Gener
al’s office, and from which copies shall be ta
ken to be annexed to grants : and said Sur
veyors shall conform to such instructions as
they may receive from time to time from
the Surveyor General during their continu
ance in othre : Provided, The same do not
militate a gainst this act. And the Surveyors
appointed to lay out county and district
lines, shall make return of their works to the
Surveyor General within sixty days after the
passage of this act.
9. And be it further enacted, That the
District Surveyors to be appointed by this
act, shall receive two dollars and fifty cents,
for every mile that shall be actually run or
surveyed, us a full compensation for the du
ties required of them by this act, out of which
they shall defray the whole of the expenses
incident to their,offices ; and bis Excellency
the Governor is hereby authoiised and re
quired to issue bis warrant on the Treasury,
in favor of each of the aforesaid Surveyors,
upon his being called into service, to the u-
mount of three hundred dollars, to enable
him with the less delay to enter upon bis do
ties : and the balance to which such Survey
or may lie entitled, siiali be paid to him iu
like inanuer, upon his producing a certificate
from the Surveyor-General, setting forth a
performance of the work, and the amount
due.
10. And be it further enacted, That the
Surveyors who may be up|M>inted tu run
County nod District lines, shall receive three
dollars and a-lutlf for each mile they may run
and survey, as a full compensation for tliei
service, out of which all incidental expense
shall he paid ; and the Governor ks required
to issue his warrant on the Treasurer, in fa
vorof each of said Surveyors, for the sum of
three hundred dollars, upon their being cal
led into service, und in like manner to pay
any balance which may be due, when the
work is completed, aim the Suiweyor-Geii
eral shall certify the same. •
ij II. And be it furlher enacted, That the
Territory acquired as aforesaid, shall be dis
posed of and distributed, iu the following
j manner, to wit:—After the surveying
siness, shall be entitled to one draw : every
male person of like description tuning a wile
or legitimate male child or children under
the age of eighteen years, or un-married fe
male child or children, shall have two draws;
all widows with like residence shall lie enti
tled to one draw ; all families of orphans
resident as aforesaid, under the age of twen
ty-one years, except such as may he enti
tled in their own right lo a draw or draws,
whose hither is dead, shall have one draw.
All families of orphans consisting of more
than two, who have neither father nor mo
ther living, shall have two draws, hut if not
exceeding two, (hen such orphan or orphans
shall be entitled to one draw, to be given in
in the county and district where the(eldeKtlof
said orphans resides or where the guardian
of the eldest resides : Provider^ that should
such guardian or such orphan or orphans, or
the eldest of such orphans, reside within the
newly acquired territory contemplated hy
this act, then such draw or draws shall he
given in in the nearest adjoining county,
w ithin the organized limits of this state, to
that in which such guardian may reskle or
such orphan or orphans, or the eldest of such
orphans may reside.-*-AII widows of like
residence, whose husbands were killed or
died in the service of the Counti'V in the late'
wars against tireut-Britnin or tne Indians,
shall be entitled to a draw, exclusive of thut
otherwise allowed by this act to widows.—
All urphans whose fathers were killed or
died in the service of the Country in the late
wars against Great-Uritain or the Indians,
shall be entitled to a draw exclusive of that
otherwise allowed by this act to orphans;
Provided, nothing bi-rein contained, shall be
so construed as to entitle any person or per
sons to a draw ur draws in the present con
templated Land Lottery, who may have
been fortunate drawers in any previous Land
Lottery : Provided that the citizens uf this
stute, who come under this art as above con
templated, and who volunteered, or were le
gally drafted in the late war against Great-
Brituin or the Indians, and refused to serve
a tour of duty either in person or by sulirti-
tute, or who may Imve de erted from the
service of this state, or of the United States,
shall not be entitled to the provisions of this
act as above contemplated,'nor any of those
who illegally avoided a draft bj removal or
otherwise, and that no person or persons who
have removed from the organized limits of
this stale, for the purpose of avoiding the
laws of this stute, or who have absconded for
debt, shall in no wise be bencfltted by this
act, and w ho have not paid all taxes required
of them. In case any land is drawn by mi
nors, the grant shall issue accordingly upon
payment of the usual fees.
^ 12. And be it furlher enacted, That noth
ing herein contained, shall be so construed
as to allow any convict In the Penitentiary,
to give in for a draw in the present contem
plated, lottery ; Provided nevertheless, That
the child or children, who have resided in
this state three years, of any of said convicts,
shall be entitled to a draw or draws, iri the
same manner they would be entitled if they
were orphuns, and muy be given In for by
their mother or other person under whose
are they may be, and the grant or grants
shall issue accordingly to any lands so
drawn.
13. And bt it further enacted, That lists
of persons entitled to draws under tins act,
shall be made out by the Interior court of
each county or such persons as they may
appoint, (not exceeding two to each battal
ion) within two months from the publication
of this act; and said Inferior courts of the
several counties of this stute, or the persons
they may appoint shall attend in each cap
tain’s district, as often as negessary, giving
ten days notice of such attendance, lor the
purpose of taking iu names of persons enti
tled to draws—the names of persons entitled
shall be entered by the receivers in a hook
to be kept for that purpose, a truuscripi of
which book, fairly made out, shall be trans
mitted to the Executive, and the original de
posited with the clerks of the Superior couit
ofthe respective counties ; and should the
Inferior court of any county, fail to lake in
Buch names themselves, or to make tiis pro
per appointments by the first day otauiy
next, I hen the clerk of the Superior court,
(or his legal deputy in his ubsence) in such
county, may make such appointments, ami
said receivers before they enter upon then
duties, shall lake and subscribe the following
oath ; “ l , do solemnly swear (or
crossed hy other lines at right angles, and i completed and returns made thereof,liis tlx-
said districts so laid out, shall he again sub- 1 •• . .. ...
divided by
into square
“t* 1,0 laid out, shall he again sub- ( , e || ellC y tHe Governor,.shall cause tickets
r * rf b,! ru . n . 111 directions u ' Hdl , 01lt) w |ierehy all the numbers of
e trai ts, containing each, two hun* j n ||, e different Districts intended to be
drtd tivo and an half owe,, marked and num
bered according lo the plan heretofore pur
sued under the instructions of the Surveyor-
General.
3. And be it furlher enacted, That the
drawn for, shall be represented, which tick
ets shall he pul into a wheel and constitute
prizes. The following shall lie the descrip
tion and qualification of persons entitled to
, . . - „ . . give in their names for a draw or draws, uii-
frsctional parts of surveys which may be dl . r , hm HCt . every male white person of 18
created by the divisions and subdivisions a- J y ea j.g 0 f age and upwards, bring a citi'/.en of
foresaid, shall be reserved for public uses, to , the UffireJ StHtesat least three years, and an
be disposed of as a future Legislature may inHubitant of this state, three years iinmedi-
affirm) that i will not receive or register any
name, except tile person giving tu shall first
lake the oath prescribed by this act—so help
me God!” Which oath any ju.Uce of the
Inferior court or Justice of the Peace
is hereby required to administer, anil the
person ur pci suns taking in nuiues as a-
loresuiil, shall administer to all applicant*
for draws, other than widows, guardians or
next friends uf orphans, the following oath lo
wit: ** 1 , do solemnly swear (or at-
firm) that I have been three yeurs a citizen
ofthe United Stales, and have resided in
this stale three years immediately prece
ding the passage of this act, except absent
on lawful business, and am now an inhabi
tant of the same—ill «• I was eighteen years
of age at the time of tue passing ol this act—
that 1 have (or have not) a wue and child or
children—that 1 have nut given in my name
fur any draw on draws in the present con
templated laud lottery iu any other part of
this state—thut ! have not drawn a tract ui
land in the former lotteries in my individual
capacity, or as an individual orphan, and that
1 did nut directly or indirectly evade the ser
vice ul this state or of the L. Mates in any ul
the late wars against Great-Britaiu or ihe
Indians”—and all those who reside on Ule
newly acquired territory, and who, iu con
templation of this act, is entitled to a draw
or draws, shall take the following oath, iu
addition to the one last mentioned—“That
1 have paid all taxes required of me, that i
have not withdrawn myself from tire organ
ized limits of this state, for the purpose of
evading the laws, nor have 1 absconded from
debt,”—and all guardians or uext friends of
orphans, or children of convicts in the Peni
tentiary, shall take the follow iugoalli—“And
that the orphan or family of orphans or
God !” The Milo wing oath shall be admin
istered to all widows—»" I do solemnly swear
(or affirm) I am a widow, that I hava resides
the three last years in this state, except ab
sent on lawful business, and am now resident
in this district, that I have not put in my
name for a draw in the present lottery, in any
other part of the state, and that I have not
drawn land in the former lojtones to the beat
of my knowledge and belief, so help raW
God.”—That all ideots and Lunatics entitled
to a draw or draws by this act, shall be giv
en in by their parents or goardiaos, who shall
take the following oath 11 * —, do »o-
lemely swear (or affirm) that the persoa
whose name I now give in, is an ideot or lu
natic, that he is eighteen years of age or up
wards at the time of the passage ofthis act,
k entitled to u draw or draws under this act,
that lie has not drawndaud in anv of the for
mer land lotterieAif this state in nis name, or
as an individual orphan, so help tne God.
I) 14. And be it further enacted, That Im
mediately after the passage of Ibis net, Hits
Kxocllency the Governor shall cause the
outlines thereof tu be published in such of
the Public Gazettes of this State as he may
think proper, and shall require all persona
entitled to draws to give in their name* to
the persons authorized to receive then*, and.
said persons taking in said names shall re
ceive twenty-five cents from each of said ap
plicants fnr each draw. •
f; 15. And be it further enacted, That if
any person entitled by this act, to a draw or
draws, should by absence or other unavoid
able cause, fail to give iu his name within the
time herein prescribed, it shall and may ba
lawful fur such person to make oath of tha
draw or draws to which he may be entitled,
before any justice of the Inferior court of
the county in which he may reside, and
make return thereof, to the Executive, at a-
ny time, within one week before the com
mencement of the drawing ; und It shall and
may be lawful, for any person or persons,
who are entitled to a draw or draws in said *
lottery, who are about leaving the state on.
lawful business, lo take the oath prescribed
by this act, and deposit the same in the clerk’s
office of th.e county where such person or
versons may reside, and their names shall
ve registered according to the provisions of
this act: Provided, such person shall swear
that he intends to return, and remain a citi-
Ziui of this state.
t) 16. And be it furlher enacted, That fivo
persons shall be appointed by joint-ballot of
the Legislature, to superintend the drawing
ofthe Lottery, to be convened at Milledge-
ville, by the Governor, when necessary, and
that wherever this act imposes duties ori tha
Governor, Burveyor General, Surveyors,
Receivers of names, or Commissioners, such
duties shall he severally performed with tys
little delay as possible, consistently with A
due execution of this act.
(j 17. And be it further enacted, That at
soon as said lists are made out and returned,
his Excellency the Governor, for the pur
pose of carry mg the lottery into effect, shall
cause the names of persons entitled tp draws,
together with other designating remark* of
residence, kc. to be placed ou tickets at
nearly similar as possible, which shall be de
posited in one wheel, and the prizes on tick-,
ets of the like description, shall be deposited
Jn another wheel, which prize* shall consist
of all stpiare lots in said territory not herein
reserved—and from each wheel as oearlv at
the same time as may be, a ticket shall hf*
drawn and delivered to the snivel intending
managers, and so un until the whole number
of prizes are drawn out, and said manager*
shall make due and particular entry of tha
names so drawn out, and the prize* corres
ponding therewith ; said names and }>rize*
being first thoroughly mixed In then- res
pective wheels—and his Excellency the Go
vernor is required to give three weeks notice
of the commencement of the drawing.
i; 18. And be it further enacted, Thst should
there be more districts than is contemplated
by this act, and surveyoro elected for, or in
case the appointment of any surveyor shall
become vacant hy death, resignation, or o-
thenvise, his Excellency the Governor, is re- ,
quired to fill said vacancy—and in cate any
surveyor shall be found incompetent, or fail
to execg e the duties required of him by tbia
act, bis office shall be vacant, and his vacan
cy filled in like manner.
S$ 19. And be it further enacted, That tile
Surveyors to be appointed in pursuance of
this act, shall, before they enter upon their
duties, take and subscribe the follow ing oath:
“I , do solemnly sweur (or uflirm)
that I am twenty-one yeurs of age, that I
will well and faithfully, to the best of my
skill and abilities, discharge the duties tvhicu
may he required of me as Surveyor in the
territory lately acquired, so help me God—
which oath the Surveyor General is required
to administer. The oath to be administered
to chaininen by the tespective Surveyors
shall In- its follows—“ 1 do solemnly swear
(or affirm) that to the best of my skill at.d
judgment, 1 will measure all lines on which I
may be employed as chain carrier, as accu
rately and with as little deviation from tb*
course pointed out by the Surveyor as possi
ble, ami give a true account of the same t*
(lie Surveyor, so help me God; and similar
oaths shall be administered by the said Sur
veyors to all axemen and markers.
^ 20, And be it further enacted, That
all persons who inay draw lands under this
act, shall be entitled to receive grants for the
same, conveying tee simple titles on paying
into the treasury ofthis state the suns of nine
teen dollars for each tract so drawn and
granted and any person drawing, and fail
ing to take out his grant within two year*
from the date of said draw, shall forfeit th»
land so drawn, and the same shall revert to
the State. T hat all returns made, contrary
to tile true intent and meaning of this act,
are declared fraudulent; and all grants issu
ed in consequence of any draw made in th*
contemplated lottery, on such fraudulent re
turn, are hereby declared to be null and void;
and the lands so granted or drawn, shall re
vert and become the property of the state;
and tha question of fraud may be tried upo*
scire facias, to be issued from under th*
hands ofthe Clerks of the Superior Court*
uf the County or Counties in which tha
child or children whom 1 now return is (or
direct; ' ' i at'eiy prec^iiig thepassage of this act, hvclii-l af e) entitled to a draw or draws under this Land lies in The name of the Goveruorof
4. And be it further enacted, That a num* dil ,g 4 \, c h a3 t , avtt b \. cll on law ful bu- > acl > t0 thR bci,t of m > knowledge, so help >n« I said fetate for the tuuo being, upon tbcajv-
