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SATURD AY, OSlober to, 1787#
GEORGIA STATE GAZETTE
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OR |
INDEPENDENT REGISTER.
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FREEDOM of the PRESS, and TRIAL by JURY, to remain inviolate forever. Couflitutio* of Gtorgia •
AUGUSTA: Printed by JOHN E. SMITH, Printer to the State ; PJfays, Articles oj Intelligence
AdvertiJementSy will be gratefully and every kind of Printing-performed, , 1
ExtraSl of a letter to the Honourable B. H. dated
at Najhville in David,on county , May i, 1787.
“ N the fi'rft of Oftober last, I took the li
/ berty of taxing your patience, by com
plaining of a strange report that, had eugaged, and
continues to engage a great share of our attention
on the weftern waters. We are told, that the
court of Spain claims not only the exclusive navi
gation es the Miflifippi, but a greater part of our
weftern territory; all that is on this fide of the
Apalachian mountains, and southward of a right
line drawn from the mouth of the Great.Kenhawa
to Lake Mechigan. Is it possible, that men who
are awake, and in their sober senses, ftiould re
tain the impreftions of such evening dreams ?
Their perseverance in such claims does not ac
cord with the flattering hopes you gave us in the
last summer, when you said that all would go well
in the ceurfe of a year, since a Spanish Minister
had come over to America, to fettle with Con
gress any differences that might subsist between
‘the two nations. You must admit that there is
something in this Spanish claim, that cannot bfc
penetrated by the eye of a common citizen—a
plain man, who has not travelled through the la
byrinth of politics, and you will oblige me great
ly, if you are so good as to inform me, what are
the reafous that Spain gives for refuting to let us
enjoy the navigation of the Miflitippi, provided
- ihe has conrlefccuded to give any reason at all, b«-
hdes the old royal argument Sec Vola.
** I would not be understood as speaking dif
refpedfully of foreign courts, or of sovereigns ;
but it is impoftrbie for me to fuppo&that the crown
of Spain can juftify its claim by any better argu
ment than fimp.'e volition, whtfi M> the plained
Tmderftandiug, every argument, natural, moral,
and artificial, seem to be clearly on the other fide.
Jt is veiy natural that we should be allowed to
-carry our produce to market by help of thofelaVge
Tivers which pass through our country ; and ‘the
admiflion of such a claim might promote the hap
piness of thousands, and eventually might prevent
, the loss of many lives. We arc not to learn that
nation towards nation are seldom influenced by '
their opinion of what is right, but artificial bar- >;
riers or treaties are refpe&ed by all civilized «a- ■
tions, while they are desirous to preserve peace.
Now it is certain, that so far as treaties or char
4ers can extend, we have a clear ahd indisputable
fight to the navigation of the Miflifippi- J *
*• The original limits of Carolina, according
to the charter granted in 1 6)61, by Charles 11. to
Clarendon and others, and confirmed in (664, ex
tending from the 19th degree of latitude, which
includes the raoufh of the Miffcfippi, and west
ward from the Atlantic to the Pacific Ocean. The
claim of Great-Britain to the navigation of the
Mif&fippi was aftewards interrupted; but k has i
been fully established by succeeding treaties,
** By the 7th article of the definitive treaty of
peace between Great-Britain, France add Spain,
ligned at Paris, 10A of February, 1783, it was
agreed, “ That the confines between the domi
nions of his Britannic Majesty and those of his
NloftChtiftian Majesty (on the continent of Ame
rica) (hall be fixed irrevocably, by a line drawn
down the middle of the river MUEfipp** > t#
source to the river Iberville, and from thence by a
line drawn down the middle of this fiver and the
fivers Mourepas and Panehartrainto the fee* And
for this purpose the Most Christian King cede* in
fall right, and guarantees to his Britannic Ma
k jefty, the river and port <tf Mobille, and every
thing which he poftefies, «©r ought to poflefi, on
Ihe left fide of the river Miflifippi, except the
tpwool KwQfJftfS wd U»t UUed in BffcUh it
is situated, which, (hall remain to France. Pro
vided that the navigation of the river Miffifippi
(hall be equally free, as well to the fubjefls of
Great. Britain as to those ot France, in its whole
breadth and length, from its fourte to the sea,
and expressly that part which is between the said
iHand of New-Orleans and the right bank of the
river* as well as the paflage both in and out of its
mouth. It is further stipulated, that the vessels
belonging to the fubjefts of either nation (hall nor
be flopped, visited or fubjetfed to the payment of
any duty whatsoever * *
« Some time after the dining of this treaty,
the property of the island of New-Orleans was
transferred by France to the crown of Spain, but
the indisputable right of navigating the Miffifippi
continued to remain with the fubjetts of Great-Bri
tain. During the late leVolution, the chief towns
in Weft-Florida were Conquered by the arms of
Spain, and at the peace that province was ceded by
Great-Briiain to Spain* but the navigation of the
Miffifippi has never been ceded to Spain, either
'dire&ly or indiredly; on the contrary, it has ex
preffiy been ceded to the United States, and Spain
has admitted of the cession.
In the 9th article of the treaty, of peace and
friendAip between his Britannic Majesty arid the
United States of America, signed at Paris on the
3d of Sept. *783, it is agreed,, that “ the navi
gation of the river Miffifippi, from its source to the
ocean, (hall forever remain free and open to the fub
jefts of Great-Britain and the citizens of the
United States.* It cannot be pretended that Spain
was ignorant of the purport of this treaty, for
preliminary articles Os peace between Great-Bri
tain and the United Starts had befcn signed on the
30th November, 1784. One of tbofe articles is
in the very words that have been repeated, but
the preliminary article* between Great-Britain and
Spain, were not signed till on the 10th January,
1783. By the sth5 th °* P cacc the treaty of peace
between Great-Britain and Spain, that was signed
at Versailles the 3d of September, 1783, we find
that “ His Britannic Majesty likewise cedes and
guarantees in full right to his Catholick Majefly,
East-Florida as also Weft-Fforida.”
« There is not a word in &is article, sor in
any other part es the treaty, concern.ng the na
vigation of the Miffifippi; nor was it poflible for
Great-Britain to yield the eaelufive navigation of
that river to the fubjetfs of Spain, without being
guilty of a breach of faith, for flic had lately
granted the full and free use of those waters to the
citizens of the United States, On the whole, I
do not think that there ever was any claim founded
on treaties more indisputable and clear, than the
claim of the United States to the navigation of the
Miffifippi
« By the treaty of Paris 1763, France cedes
the navigation of the river Miffifippi in the most
explicit terms to Great-Britain; by the late treaty
of peace, Great-Britain cedea the fame right of
navigating that river to the United State*; and
Spain in her treaty of Versailles in 1783, ex
prefily admits that. Great-Britain had a right to
the the river; for in the second ar
ticle of that treaty it is declared, that The de
finitive treaty of Paris of 1763, between Great-
Britain, France and Spain, is to serve as a bafia
and foundation to the peace.” Consequently it if
agreed, that Great-Britain (hall preserve whatever
(he had obtained by the former treaty, except the
particular! which (he now cedes to Spain; but flit
doe* pot cede the exclusive navigation of the Mif
flfippi along with East and Weft-Flerida, and con*
fequeutly the cession (he had made of the naviga
tion of Ifyi mu w thi United ***» «
T H B
confirmed. Here then it would be natural for us
to conclude, that the navigation of the Miffifippi ia
open to the citizens of the United States, since
the letter and spirit of every treaty on this fubjefl
declare , that it (hall be open. But there is one
title remaining, and that title appears to be vett
ed in the crow.i of Spain. She is supposed to have
the lougeftfword. She hag taken possession of the
river, and in contempt of arguments and treaties,
(lie continues to hold it by force. Is not thi» a
true flats of the question $ Does not Spain admit
that (he despises the treaty, and that (lie is now
afting towards us as a hostile nation f In this
view every man 011 the weftern waters considers
this fubjcCl, and we readilv admit, that this single
argument of Spain must be considered as good and
conclusive, while it retains its present force; but
we are fully aflured, that it must lose of irs weight
in every succeeding year; and we fee that the time
is faft coming, when every argument will be on
our fide. The Lex ultima Regum , the rules by
which Kings are governed, the long sword, or if
you please, the short rifle, will prrfently be a
conclusive argument in our favour. We (hall not
fail to use it. Spain has set us a fair example —■*
She has not been delicate on this head. She has
seized the property of our fellow-citizens, and con
verted it to her own use Perhaps I shall be told
that Spain is a powerful nation; that in case of *
rupture, (he can oppress the United States, and
cru(h their commerce. I am not to learn that
the United States will go to war with Spain, for
the fake of the Miffifippi. People who live on the
sea-coast h too much at flake; they are too
much exposed to the insults of a Spaoiih fleet, and
two little interefled in our happiness ever to enter
ferioufiy into this dispute. You may remonftrato
against the encroachments of Spain, but all you*
efforts will terminate in aharmlefs war on paper.
Who do you think will be the chief fufferers by
those cautious politics, by such a facrifice of our
privileges and property, to the mere indo.lenre of
nature and the love of case ? Let us Vface this
dispute a few years in its natural progress. I
formerly said, that we are ftrengtlnened by tha
addition of *OOO fcncible inhabitants every year.
“ When I dated the nutftber at zooo, I wao
greatly below the mark. To such accessions you
must add, the natural increase of citizens in tho
country where the foil is fertile, the climate heal
thy, and where men are tempted to marry early
ia life. In the space of ten years, we (hall
inufter at lead 60,000 men capable of bearing
arms. Is it probable, that at such a period we
(hall fuffer our lands to lie without cultivation, or
our produce to perish on our hands, from the want
of a rrijer by which that produce may be carried
Market ? Is it probable we (hall fuffer a few
BrpanifhB r panifh soldiers to seize our boats ? I think not.
What then must happen ? We can hardly for
get this loss of property, especially as it wan
taken from us by force The Spanilh colonists
may also have some boats, merchandize or (liver ;
we (hall count the interest, and (hall not fall to
repay ourselves by a friendly reciprocity of good
offices. Spam may probably remonstrate against
such proofs of a good memory, and the United
States in Congress may reply, that they cannot
restrain those difordtrly woodman. You may bo
told in reply, that you (hall be aufwerable sos
their conduct. This would be a serious and cri
tical period, and you had best confider how you
will conduct yourfelvee in such a case. To fend an
army across the mountain! to punifltyoor brethren
for defending their property, would be the be
ginning of * very unnatural war, A war thse
would neither be profitable nor pleasant, and afr
[No. LVI.J f