Athens gazette. (Athens, Ga.) 1814-18??, May 05, 1814, Image 2

Below is the OCR text representation for this newspapers page.

the secretary of state, the secretarT of treasury, and the attorney general of the ate* (f.>r the time being) shall be ‘ Pand rhey?are hereby constituted appoint ed a board of commissioners, to meet in the city of Washington* on the first of Januaranext; and, as soon as may be prac* ti .ble thereafter, they or any two of them, are hereby fuUr authorised and required to adjudge and dy'ermine upon the suffit e icy of releases and Assignments and powers to be executed and deposited in the office of the sec retary of s?ate in conformity with the, forego ing section ; and also to adjudge and finally determine upon all controversies rising from such claims so released as aforesaid, which may be found td conflict with, and to be ad verse to, each other; and also to adjudge and determine upon such claims under the afore said act or pretended act of the state of Geor gia, as may be found to have accrued to the United Stares by ojyeration of law : Provided, Tha* shall be the duty of the said commis sioners to cause to be published for the period of diree months liefore the said meeting, at Jcast once a week in all the public newspa pers in which the acts of Congress are by au thority published, notice of the purposes and of «he time and place of such meeting. Sec. 3. And be it further That as soon as the said commissioners shall have made report to the President of the U States of the sufficiency of such rejeases and as signments to the amount ot at least nine tenths of the whole lartds claimed by virtue of the nales made by the Legislature of the state of Georgia to the respective companies hereafter enumerated, exclusive of such claims of the lands as shall have vested in the United States by the operations of law, and shall have certi fied to him the names of the claimants whose claims they have linally adjudged and allowed, and the respective and relative proportions on wnich they are entitled t.p the indemnity underand by virtue of this act, the President sh dl be and he hereby is authorised and re qu *ed to cause to be issued from the treasury cf he United States, to such claimants res pectively, ("f convenient amount for circula tion) cerificates of stock, not bearing interest, and expressing on their face that the same are pa. able out of the fi st monies in the treasury of the U nted States, arising from the sale of public a.ids in the Mississippi territory, after the money due to the sta e of Georgia and the expenses of surveying such lands have been satisfied. To the persons claiming in the name of, or trader the Mississippi Company, including mtch share or shares as may be found to have vested in the United States, and for which the United States are to be considered entitled to the respective proportions for the same, (and exclusive of all claims usually denominated in the former report of the commissioners afore said citizens* claims) a sum not exceeding in the whole three hundred and fifty thousand dollars. To persons claiming in the name of or un der the Tennessee Company, under the fore g li.ig term^. nd restrictions, a sum not exceed ing in the whole six hundred thousand dol lars. To the persons cpiming in the name of, or under the Georgia Mississippi Company, under »he like terms and restrictions, a sum Tin exceeding in the whole one million five hundred and fifty thousand dollars. To ihe persons claiming in the name of, or under the Georgia company, under the like restrict! »ns, a sum nor exceeding in the whole millions two hundred and fifty thousand dollars. To the persons claiming under citizen’s tights, including such shire or shares as have already accrued to the United States by ope ration of law, or by the provisions of this act, and to which the United States are to be con sidered entitled to the respective proportions for the same, a sqm not exceeding in the while two hundred and fifty thousand dollars: Provided, That any person having claim under •ither »f he said companies, and entitled to indemnity by virtue of this act, shall, receive such indemhity only in proportion to the a mnunt of such claims : And provided also: Ttiac no claim shall he allowed or anv indem nifica ion mide therefor to anv person, or who have voluntarily surrendered the evi.lt uce of their claims to the said lands un tie* -he abt of Georgia of rhe ihineenthoof February, one thousand seven hundred and ninety six, or under any subsequent act of the said state, and v’hich at the time of the sur rt nder would have vested the title m such claimants, had ihe title from Georgia been valid, or who have received the money depo sited as the consideration of the purchase of «»ai 1 land surrendered; but all such lands ahall be deemed and taken to be vested in the U. S ares, exonerated, and discharged from all such ciatms without any further surrender or release whatever, and the dividends to be made to claimants who shall be entitled to the benefits of this, act shall be lessened in propor tion to rhe claim so surrendered or withdrawn s And provided also That no person or persons n>r he agent or trustee of any person or per sons shall be entirled to the benefits of this act, wh > by himself, herself, or themselves, or by his. her, or their agent, or by any person or pers M\?» with privity and consent of him, her, or them, shall have taken, received, or with dra vi* from the treasury of rhe state of Geor gia avy sun or suns of money, which, had been paid and deposited as the consideration of ihr* purchase of any of the aforesaid lands, wh ch person* or persons at the time of the taking, receiving, or withdrawing of the said ynnnev, was or were not the bonafide claim ant or claimants of the lands for the purchase of which the said money had been deposi'ed ; bur all and every the share or shares of such person or persons so fraudulently drawing the m iney as aforesaid, as may be found to have been clai med by such person or persons, ar rhe time of recording in the office of the secretary of stam the evidences of their claim or cl aims, shall be vested in the U. States, and the dividends to be made to the claimants •ptitled to the benefits of this act shall be les sened in proportion thereto ; And provided »Ua That each and every person, before re aving the certificates of stock aforesaid, shall, after the two foregoing provisos have be *n road to him take and subscribe the fob iowmg oath, viz: “I, A B. do solemnly swear or affirm, as the case may be. that I have not, norha* any person for whose interest I now ue r, either as agent or trustee, or as execu'or, administrator, or heir at law, done anl perfumed any act, which by the tenor of the two provisos I have heard read to me, W dsq rilify me from receiving the indem ni*v aifhrdedby the provisions of this feet ” Sec. 4 It* be it further enacted, Tba” die said certificates of stock shall, tie re in payment of the public lands to be < v.MAtf‘f r the date of such certificates in he ** rr ' tor y •* Provided, That on ever, doitars to b<* paid for land, ninety- P>K , ■t'S shaH be r-4fvab> in said cernii : provide I, t land* m certificates, authorized to be issued by this act, shall be entitled to the discount for prompt payment now allowed by law to pur chasers of pubtic lands. - Sec. 5. And be it further enacted, That from and after such sufficient releases from the claimants <o the Unired States shall be lodged in the office of Secretary of state, as is herein before provided in this aet, all i such sum or sums of money, remaining in the possession of the state of Georgia, which may have been deposited as the consideration of the purchase of the said lands, together with such interest, if any there be, as may have accrued thereon, shall beset over and paid by the said commissioners to the state of Georgia, in part payment of one million two hundred and fifty thousand dollars, stipulated to be paid by the articles of agreement and cession between the U. States and the state of Georgia. * Sec. 6. And be it further enacted. That if any person or persons, in pursuance of the act of the state of Georgia of the 13th of February, one thousand seven hundred and ninety-six, or of any subsequent act shall have taken received, or withdrawn, from the trea sury of the state of Georgia, any sum or sums of money which had been paid or deposited as the consideration of the purchase of any of the aforesaid lands, which person or persons, at the timoof receiving or withdrawing said t sum or sums of money as aforesaid, were not the bona fide claimants of the lands for the purchase of which said money had been paid or deposited, or if such person or persons had not£ at the time the legal title vested in them, supposing the title of Georgia to have been valid, every such person or persons who shall have taken, received or withdrawn the mo. ney as aforesaid, shall be deemed and adjudged to have had and received the same to and for the use of the United States, and shall be and hereby are declared to be holden and liable to refund and pay to the United States, or to the treasury of the state of Georgia for the use of the United Stages, all such sum or sums of money so had and received as aforesaid, with legal interest from the time tie, she, or they so received the same. And the afore said comm ssioners shall be and they are here by further authorized and directed examine into and investigate all cases coming within the purview of this section, and to claim such sum or sums of money to be paid to the U. States as to them shall appear just and reason able, and in case of refusal topav the same, to direct suits to be commenced for the. reco very of the same, in such form and manner as shall be thought most advisable, making plaintiff or complainant as they shall think best either the United States, the claimants who shall have transfered to the United States their right of action against the aforesaid persons or the state of Georgia as bailee of the money so taken, received, and withdrawn from the treasury of the said state: Provided, That if it should be thought advisable institute the suits for the recovery of the monies aforesaid in the name of the state of Georgia or of its proper officers, the consent thereto, from thei proper authority of the state oF Georgia, shal be first had and obtained: And provided also, That the said suits shall be conducted at the proper expence of rhe United* States. Sec. 7. And be s it further enacted. That the President of the United States be and he hereby is authorized to apply to the Governor of the state of Georgia for all such vouchers and testimony within the archives or treasury of the said state as may be neces sary for carrying into effect the provisions of this act. I Sec. 8. And be it further enacted. That wherever the legal estate in any of the ! said lands (supposing the said act of the i Legislature of the state of Georgia of the se i venth of January, seventeen hundred and ninety-iWe, had been valid and effectual) shall be vested in any person or persons who at the time of the passing of this act shall be under the age of twenty-one years, tt shall be lawful for the guardian or guardians of soeh person or persons appointed in pursuance of the laws of the respective states in which such person or persons shall reside to execute for and in be half of such person or persons and deposit in the office of the Secretary of State of the U. States rhe release, assignment and power mentioned in the first section of this %ct; which said release, assignment and power so executed and deposited as aforesaid, are here by declared to be good and effectual to all in terns and purposes, and that in case of femes covert claiming lands under the act or preten ded act of the state of Georgia aforesaid, pas sed the seventh of January seventeen hundred and ninety-five, it shall be lawful for the hus band and wife to join in the execution of the release, assignment and transfer mentioned in the first section of this act, and that such re lease, assignment and transfer shall be good and effectual as to the interest of such wife : Pro vided, That the release, assignment and transfer executed as aforesaid, shall be ac knowledged before the judge or jnstice of a court of record, and shaft have the attestation of such judge or justice, certifying that on the separate examination of the wife, she had ac know 1 edged that she had freely and voluntar ily executed the same Sec. 9. And be tt further enacted , That if any person or persons claiming lands imder the aforesaid act, or pretended „ act of the state of Georgia, passed January seventh, seventeen hundred and ninety-five,-shall neg lect or refuse to compromise anjl make settle ment of all such claim or claims, in conformi ty with the provisions of this act, the United States shall be, and hereby are declared to be exonerated and discharged from all such claim or claims, and the same shall be forever bar red ; and no evidence of any such claim or claims shall be admittedto be pleaded or al lowed to be given in evidence, in any court whatever against any grant derived from the U. States. LANGDON CHEVES, Speaker of the Honse of Representatives, E. GERRY, Vice-President of the United States, and President of the Senate. March 31, 1814. * APPROVED, J'MESMADISON. We are happy to learn, that the useful and effective species of defen sive force has been brought to so great a degree of perfection. The boats whichever! mentioned in the Report of the Secretary of tha Na vy. as building on the Eastern Shore, are completed and no-w in the care of’ their able and experienced com mander. Commodore Barney.. They met, we* understand the very ,deci- Kd approbation bf commodore Rod rs. who expressed much gratific*- at* naa- and considered them avery way fstr superior to he com manded before Tripoli. r l his gen tleman concurs with Com. Chaun cey, Perry, Lewis and other able of ficers and well in formed jnen, in the superior efficacy of these vessels, for action m smooth w-»ters, like those in the Bay.—Mounting so heavy metal and presenting so small 4 a mark to the enemy’s fire, they are specially adapted to the strvice for which they possess so great advan tage. The manning of the Flotilla goes on with a degree of alacrity, which is highly gratifying; indeed it is nearly completed. A circumstance which occureda day or two since, deserves public notice, as highly honorable to the brave fellows who are the subject of the anecdote. The carpenters to the n umbe rof (hi rtj-five y who had been engaged in completing the boats on the Eastern Shore, determining, they said to try the trim of their work, entered the service, and took in charge the vessels they had been building. It is difficult to estimate too highly the security ana advantage this species of defensive force gives to our city. JSaitt Pot* ’ The Boston Palladium says, we understand that London papers to February 12, have been received at Halifax ; that the battle in France January 31st, [of which we have had the French aocoi\nts,] resulted in a great victory to the allies, the loss of the French in killed be wounded being immense; and that the Bramble, despatch ‘Vessel, from tne United States arrived in England in 20 days. We lately mtntioned the case Ot Joseph Warburton an Englishman who was executed, being found in arms against his country. The Sa lem Register contains the following sketch of his life : Warburton was born in England, and at 15 years of age was impress ed. About six years ago be was pm ‘as one of a prize crew on board a brig belonging to Mi • Samuel Gray of this place. Whilst in the Gull Stream, the prize master, a British officer, Was continually intoxicated, and the brig was driven about at the mercy of the wind and waves, to tne hazard of the lives of all on board, who for their own safety, put them selves under the protection of the original captain, who brought tne brig into Salem in March 1808. Warburton worked three years on shore in this county—*he then made a voyage to Bal iroore and back, and, a voyage to Gottenburg and back. After the war, he weut two cruises boatswain of the John, private arm ed ship, belonging to this town. He | then entered on board the Chesapeake i and was on board her during her first ] cruise under captain Evans, and was taken in her second cruise under Captain Lawrence. He came to this country about nineteen, and was ex ecuted about five and twenty. He was a remarkably intelligent add well educated young man. After he had been five years in this country, he applied to an attorney to be na turalized, but war having been de clared, aud the additional act of Con gress not having passed, he could not effect his wishes. Extract from the Presentments of the Grand ( Jury of Richmond County for last Aprij 1 - Term. WE, the Grand Jurors, in behalf . of the State of Georgia, and for the j body of the county of Richmond, up on our 04th present as a grievance of the first magnitude, the act of the General Assembly of this State, en-. titled, (i An act to Alleviate the Con dition of Debtors.” We hold it as a sacred duty, thus publicly to express the mingled e motions of abhorrence and regret with which we view every Legisla tive proceeding, that suspends the ordinary course of justice. Such ] measures far from palliating, only I increase the calamities of our coun try, and injure instead of benefiting the deluded sufferers, for whose re lief they profess to be intended. Se duced by the prospect of infinite de lay, few have the prudence or integ rity to retrench their expences, or increase their industry for the pur pose of providing against the season when that delay must cease. Con tent with being relieved from the immediate pressure of the law, they suffer their, debts to accumulate through? thoughtless extravagance or criminal supineness, and continue obstinately hoping for more favora ble times until their affairs become too desperate'fot bny times, however favorable, to retrieve# The moment for enforcing payment, will come upon them at last, when they have forfeited by procrastination the con fidence of their creditors, and with it, all hopes of future indulgence Were thp» the arising, trom such acts, though plainly impolitic, tot hey might merit a milder censure— ■4§U they ard*also evidently and unjust, and therefore* descrying the severest reprobation. They les sen the credit and respectability of oar state abroad. tb«y corrupt the morals and destroy the mutual con fidence of our citizens at home, they tempt men to be dishonest, and re duce fraud to a system, impugn the ‘plain principles of natural equity, and violate the Constitution of the U. S. From these mischiefs, we have now no hope of deliverance, but through the firmness of our Judges and the exertion of the people them selves. To the one, we look with anxiety for a speedy and indepen dent decision on the constitutionality of this act, and to the other, we wou?d recommend in the strongest terms, the propriety of preferring manly but temperate petitions from every part .of the state, to the next Legislature, against the renewal, (in any shape) of a measure so noxious to public morals, so destructive of private faith, so contrary to justice, so disgraceful to our country, and so repugnant to the* Constitution. Io examining this subject as connected with the firm and prompt discharge of duty, that we expect from our ju diciary when called upon, we could not avoid remarking the obvious ne cessity of rendering our Judges inde pendent of the Legislature, as to the tenure of their office, and of allowing them such liberal compensation as would certainly ensure to our coun try in the Judicial department, the services of courage and talents, equal to the examination and decision of every question, however awful or delicate. We therefoie, most earnestly re commend to the Senator and Repre sentatives from this county, in the next General Assembly, to use their best endeavors to procure such an alteration in the Constitution of this State, as will give to the Judges of the Superior Courts the tenure of their offices during good behaviour, and to obtain if possible, the passage oi an act fto operate after the expi ration of their present term of ser vice ) allowing them a salary of 206 » dollars or 2500 dollars per annum. NEWLY INVENTED FIRE ARMS. .. ) ■ * Ntto Firearms invented by M, Pauly, Officer of Artillery, m the service of Switzerland, The arms invented by M# Pauly, offer in, their mechanism and use, very great advantages over those now used. * The musket of M. Pauly has for its principle qualities: v lst. To carry the ball twice as far as common guns. 2d. To be capable ot being dis charged ten or twelve times in a min ute, without carry ing the gun to the left, without going out of the hori zontal line, parrallel to that of aim, and without interruption, which ex ercise the inventer has rendered ea sy, and much less tiresome, than the one now practised : 1. In substi tuting to the strap which supports the cartridge-bok, a leather belt, fur nished with 4 a metal plate, in the mid dle of which, is a pin (or pcg> which serves to steady the breech of the gun, and render the shock al most imperceptible, at the same time it is used as a point of resistance in I Charging with the bayonet.— 7r, In ; composing that belt of several straps, in which slide boxes extremely light, containing cartridges, which by thisj means the soldier has at hand.- 3d. To require neither ramrod t aor flint, nor worm, nor printing wire. v 4th. To renderthe infantry almost secure from any attack of cavalry, v by means of bayonets, which being lengthened or shortened in a man ner always strong, and at will by the soldiersdfthe second and third ranks, render the first Sank always protect ed by that dreadful weapon. sth. To present the same advanta ges, in the most precipitate retreats, by the facility afforded the soldier to bad, either in walking and running; the gun being placed horizontally on the shoulder, the left arm on the breech, so that be has only to turn half round, in carrying the left foot backward, to face the enemy wicb as much prompti ude and accuracy as if he had fired in front. The sol dier may load either standing or ly ing or even at the same time that he is charging with thtq bagpnet. 6th. This musket, as well as the fowling piece, is exempt from all hanging fire, and from all effects of rain upon powder, and has not like the common guns, that smoke so in convenient iff oattle and in hunting as there is no touohhole. Its effect cannot be destroyed for want pf a flint, a ramrod, &cV nor be danger ous on account of double and triple charges, so common in platoo|| fir ing, as is impossible to more than once without discharging. I 7th. It is as easy to load at nigh, without a light as in midday, mv. without any danger, which is an in valuable advant|gp in night f in which the, t roups ut ,^k, ‘U l reUwil without alight] and Without delays which often cost them their lives. « ; * * The fowling piece of M. Pauly can also fire ten or twelve times a minu'e. It requires neither ramrod nor shotbag, See. Sec. and the sports* man cannot be stopped by fear of a double or false charge- The barrel upon its stocky is the only apparatus ot the sportsman, excepting cartridg es, which are made in an uniform and economical'way, and being out of danger from rain, prevent the in convenience of hanging fire. The horseman’s pistols and duel ing pistols of M. Pauly are rifle-bar relled, as well as his musket. It par takes of all its advantages as regards the promptitude of shooting. It can be loaded six times quicker than the common pistol, without the horse man being obliged to stop ; and in charging the enemy withoul letting go the bridle, so that cavalry can I’m’- itate the fire of infantry. The load ing is done without a ramrod, and it is physically impossible that the motion of the horse can drop the load, and so render the arms useless, which is often the case with those now used. The cartridges used for M. Pauly’s arms, are of n particular and eco nomical composition. They do not throw liKe those now in use, a wrapper or wad, the effects of which are dangerous. They need not be torn to communicate the powder# arid the charge cannot be weakened by the loss of powder, always occa sioned by tearing the cartridge, and its introduction into the barrel. The charge being contained in a cartridge, the fragments of which are easily taken out after each fire, the inside of the gun is always clean# and may be fired much longer than other guns without being cleaned. The gun is loaded through the breech, and the charge aud prime are both introduced into the barret together, in a cartridge prepared in a particular way. Fire takes as in the former guns of M. Pritat, by the percussion of fulminating powder* placed in the centre of the charge. As the prime takes fire in the centre , of the charge, the gun goes off much quicker, and the powder being in flamed all at once, half a charge of it is equal in effects with a whole load in common guns. The gun which the reporter M. Delessert presented to the Society of Encouragement, has fired three hun dred times without hanging or mis sing a single fire*. > When these guns shall he fabri cated, they will cost no more than the common guns, and as they re quire only half a charge of powder# half that article will be saved, of which the transportation is so dear, so inconvenient, and especially sw dangerous. M. Pauly has taker) a patent and established himself with M. Pritat at Paris* Ken, March 26. By a gentleman from St. Louis# We are informed that the Indians have again made their appearance in the vicinity of the U. S. Saline* Early in the present month, within 15 miles of the Saline, seven Indians f supposed to be Kickapoos ) attack ed Major Nelson Rector, a y Yung gentleman of the Illinois Territory* He was wounded in three places— the first ball went through his bi-cast# the second broke his left aria, and the third took the skin off his ; pie. His horse was also shot thro gb the breast. Our informant Ifcfn ,/r i jor R. dangerously ill at the SalU and little hope was entei-tained of ’ recovery.#Afew days after the alt <rk on major Rector, the Indians stol 1% horses from the Saline,and on Friday night the V3th inst. they made au ir ruption into the Pond Setlement with in 8 miles of SHawnoe Town, ams completely broke it up. All the in habitants on the frontiers are moving into the forts, and it is the general opinion at the Saline, that unless the savages are driven off, that place will be destroyed* A party that went in pursuit of the Indians, saw one, and signs of three companies of fromSfr, ven to- nine each. Much do I fear (says a letter from the Illinois Terri tory of the 7th inst*) that we shall find that the armistice has had tho ’ effect of pampering the savages iit the winter for war in the summer* New-Oxleaks, March 15. In this Gazette of the 17 Ult. the letter of Messrs. Brown, Fromentii* and Robertson,our representatives in the two houses of Congress* to the honorable Secretary of War, wafc published. —This letter solicited prw tection fronv the general government for Louisiana, that* was supposed then to be menaced. * Col. Bowyer*s letter had catlsed the alarm. The application of our mem r Ocrs of Congres to the Secretary, produced an-answer to tho following effect. That General Flournoy was Instructed to*accept of u e service# sos the Choctaw anti Carte * tribe* of , Indians, that Geneial Robcrtsop Had been directed to invite the CM