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flU>ll illid rihC the u. Vdllj and then iffiuc a proviftonal notice that the right of the real owner fhould not be impaired. The inhabitants on the Miftiftippi, -re of the family of Georgia, and were ereeled by the legilla iiire, into a county, by the name of Bourbon. The ad exifted nme years, did Congrefs ever objedto that ad, or make claims in oppofirion to the right of Georgia?'A majority of thofe fettlers at this day, confider themfelvcs as Georgians, and entitled to the benefit of her re publican laws and conftitution; and from refpedable information 1 am informed, a petition is now or will foon be on the way to the legiflaturc to that purport i and the fpirit of our laws and confti tution is, that when we do part with them, a republican govern ment flaall be guaranteed unto them. Under whatever impe rious rircumflanccs then (and that is the only ground of ex cise) the government was form ed—it has been formed in vio lation of the confederation, and the conftitutions of this Hate, and of the United States; and it will continue to be that viola tion, until the confentof Geor gia is obtained. But the ad is not only reprehenfible in this refped, but on other grounds— it declares in defining the pow ers of the commirfioncrs of the United States, in its 10th fedion, after authorizing them to fettle by compromife with Georgia, and to receive a ceffiion from her. <c And alfo that the faid com milTioners on the part of the United States, or any two of them, be authorized to enquire into the claims which are or fhall be made by fettlers , or any other perfons wbatjoever , to any part of the afore faid lands; and to receive from fiich fettlers and claimants any propofitions of compromife which may be made by them ; and lay a full ftate - ment of the claims and the pro pofitions which may be made to them, by the fettlers or claim ants to any part of the faid lands, together with their opinion there on, as foon as may be before before Congrefs for their deci sion thereon/’ Let us fellow - citi/ens examine this claufe. Is there not here a tribunal eftab liflied unknown to the conftitu tion—ls not the legiflature of the union afiuming fundions, not belonging to them, and that too to decide between the ftate of Georgia and individual citizens and foreign fubjeds in the very face of the conftitution, and an amendment thereto, which de clares <c the judicial power of the United States, {hall not be conftrued to extend to any fuit in law or equity, commenced or profecuted againft one of the United States by citizens of an other ftate, or by citizens or fubjeds of any foreign ftate— Nay do they not go further, and Undertake to decide their own caufc, that is if the United States have any claim to our Weftern Territory. Have they not con ftituted their commiftioners, as it were mafters in chancery to report on thofe claims to Con grefs, as lord high chancellors to decide thereon expane, with* out the aftent or confcnt o t Geor gia, or even hearing her objec tions to fo dangerous a meafure. If the United States chufe to decide on claims of individuals, let them at leaft firft obtain the right of Georgia. It is for you legi Haters who have the rights and privileges cf her citizens committed to your care, to take fume ftep to preferve them, and to avert the blow which appears like an entering wedge to un dermine your ftate title to all her Weftern Territory. I (hall not pretend to advife, but with all refped for the general go vernment, I do not think you can pafs over this unconftituti onal ftride, for fuch, however hard the term, it certainly is, in filence; governments and conftitutional rights are never overthrown, or attempted to be overthrown at once ; like the gradual mouldering of a wall, whofe foundation has been once injured, fo a conftitutional right falls unobferved, to-day and another to-morrow, until the whole fabric gives way, and tyranny riles on its ruins. It is not difficult to perceive for whole benefit thofe extraordina ry powers were veiled—the claimants aae of two daffies— one of them fettlers on the Mif fiffippi, and grantees under Bri tifh and Spanilh governments — the other, the pretended gran tees and claimants under the ufurped ad of the 7th day of January 1795, commonly known as the yazoo fpeculation—and it is a fad which I am well allured of that in the fenate of the United States, this ad of Congrefs, giving thofe high powers, was committed to two perfons one of whom was an original pre tended grantee in that fpecula tion, and the other a perfon from Maffiachufetts deeply engaged in the meafure. Where may it be alked was a chance of juftice to Georgia—Let me next call your attention to the propofitions.— To fpeak in the language of one of our commiftioners 1 was really furprized at peruling them. You are called on not only to repeal your laws but your very conftitution which is beyond your power to do, could it be poffiblc for a Georgia legiflature to be found fo degrading as to attempt it. For what to anfwer the views of a fet of men who corrupted your general affembly, and obtained a ufurped ad bar tering your rights and thofe of future generations to make for tunes for themfelvcs. The pro pofitions demand as a kind of ne plus ultra as to compenfation for our Weftern Territory, the Hates lodging the yazoo depofit in the bank of Charlefton, and that in fuch cafe, the United States will indemnify Georgia againft the claimants—it mull be acknowledged that here the commiftioners are exceedingly generous. But does Georgia feek this indemnification—is Ihe not within the verge of her jurifdidion and conftitutional rights as fovereign as any other ftate or the United States—and can fhe nor do equal juftice where her clemency fought for, or fudge of injuries done her d'gr'* wt,l* as ciJßfer of \ them. What is this proportion but coming to the cld point — that the yazoo money fhall pro cure the cxtinguifhment of In dian claims, and that the mono poly of id many millions of acres unknown in any nation on earth defpoticor free, fhall be acknow ledged as the unbounded right of a few individuals who fo ini quitoufiy obtained the adt and thole who hold under them. But were you to affent to this degrading meafure it is beyond your power to lodge the depofit as required—One fourth of it is withdrawn under your laws and conftitution, and the pretended rights to that amount are of courfe lodged in its Head. The propofition therefore is calcula ted not only to take from the amount of compenfation for the cefllon, but thole rights if they can be called fo likewife, which the mod prejudiced judge on earth would acknowledge the date to be entitled to. f llibmit thefe proportions to your con fideration with this obfervation, that as an individual citizen, I would rather the territory fhouki remain unceded and unfettled for twenty years to come than that terms fo humiliating to the date her laws and conditution fhould be acceded to —in the latter cafe the vile monopoly the bane of all republics will be revived—on the other hand the lands will remain open for the future fettlements of our chil dren and their poderity. It may however be remarked that the Executive had the pow er of fending an agent to the C reek Nation to co-operate with Mr. Hawkins, the fuperintend ant in procuring a cefilon of the Okmulgee fork and Tallaflee county. The proportions do and I alfo admit it, but in my bed opinion and I confulted many of your prefect members fiich a dep would have been an Executive fanctioning not only of the proportions but the law under which they were framed which I did not feel myfelf war ranted in doing, and which had it been done would have been in dired violation of the law under which our commimoners were appointed. The cxprefTion of tins part of the proportions is “ and Mr. Hawkins will be indruded to co-operate with and promote in every reafcnable manner theobjedsof fuch agent as the dare of Georgia may ap point on her part. We fmcere ly hope that a ceffion of the lands, lying between the Oconee and Okmulgee and the Tallaflee county, will be the fruit of the propofed meafure.” The 2d fedion of the ad entitled an ad to carry the 23d fedion of the firft article of the conftitution into operation declares “ provi ded always neverthelefs, that the faid United States lhall within three years red ore to this date all that trad of country, called and known by the name of the Tal lafiee county, which was pur chafed of the Creek Indians by th/s date, at a treaty held w7th the Creek Indians at Galphinton, on the 12th of Nov. 1785, and when was ceded by the U. States to the fa d Indians by the treaty of k . k, in contravention cf the laid luaty of Gab .... and this General Aflembh ■•(,(, hereby unequivocally tlecla that the laid trad of counti is and of right doth btlon-. this Hate, in virtue of and U( derived from the compact afbn - faid. Was the giving pern.Miff ,n for an agent of Georgia to ne* . date for a ceflion of Tallaiice county, a re flotation of it—} !as the flate not negociated and purchafcd aceffionof it already. Would not the appointment of an agent to negociate for it give up the right our law infills on as well as the lieu the flate has on it from the report of M effrs. Humphreys, Lincoln and Grib fin, commiflioners of the United States fent to Georgia on pur pofe to invefligate the treaty, and who declared Tallaffee coun ty to be our fa r bought proper ty, and which has fince been confirmed by a report of a com mittee of the houfe of reprefen tatives of the United States, that they could not find on what grounds it was taken from Geor gia other than motives of gene ral policy, and that it ought to be reftored or compenfation made for it. It then on thole grounds was beyond the pow er of the Executive to fend an agent were the meafure otherwife proper, or at lead a power which if he had aded on would have been contrary to law. But what is mofl aflonifhing and which will no doubt furprize you, is that although the commiflioners fay “ Mr. Hawkins will be in ftruded to co-operate,’’ and on my requefling that gentleman to inform me what inflrudions he had received as to a treaty or ceffion for thofe lands, his letter in anfwer to my requell marked 3, declares “ I have not lately received any advices refpeding a ceflion, and until Bowles is effectually removed and the fer ment he has occafioned has fub fided it would be ill judged to prefs it. Whilll we here ac knowledge the candor of the agent, the mind is at a lofs to conjedure what the intentions of the commiflioners were or how to account for this contradidory and myllcrious condud—furely not intended for deception— could eledioneering view's have entered the breafls of high offi cers of the union to hold ou: a femblance of ceflion to catch the vote of Georgia at the ap proaching eledion—however improbable the thing is, it looks dark, it cannot be accounted for. In your deliberations on this fubjed, whilfl I recommend firmnefs, I am convinced you will ad with moderation, al though the ad and propofitions are certainly hoflile to flate rights. I am not yet without hopes of an amicable fettlemcnt, and an extenfion of our frontier; it is to be defired by this flate, and the United States, to whom the ceflion will prove of im menfe value, in the redemption of the public debt, whilfl it will harmonize between the two fo vereignties, and dollroy thofe animofities which certain indi viduals find it their interefl to foment. You have three trip republicans for your comm - Honors, oppofed to monopoly*