The Louisville gazette. (Louisville, Ga.) 1799-1800, February 05, 1799, Image 3

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_ ojp'r-C'c’n/ tV, c-orf-r. * H , „ c if-or« of one. fro-n tht.r J ,;,.' t, vriminali ot the b-ghtft it' '""'it’hc United Siatei. to gr»-ify ‘r*-whim or crprice of a m X... . who. not content wfh llm . '' ... has wilhed his roeo to difijo fc •» Imif". »«d >» nt;.(Ticre , t innocent mbabi anu of tin. Date. The namtortH.onic-r (bond be known j„ order that jait ce be obta.ned, the ra oer. marked No- .0, »'ll potnr at Lu : enant colooel Ganher a. the officer rharfred by the vlr'^ ooB fl,Daitern fr {l > r M’Ca'l 1 have » raufmt;ed thole eharaea’ a. well aa the refeue of colonel Gaither fro™ «1>« c,v 1 P w " of ‘;' f S'ate the ffieriff of Hancock, to tbc fccrei’arv of war, for tbc rurpofe of obtaining f.tVaflion, and of p-ov.ng the moderation of the ctuaen. of Geor The treaties of New York and Cole raine whti the Ctcek trrbea are afo grievance!. The TaHeffcc ccun’y is the property of thi State, and within her ordinary jurifdiaional bounds, under every p-in cipleof public and cnnftitUtioual faiih ; cot only M.ffn. Humphries, Griffin and L ncoln reported fo, but a lo Hodor White, another federal commifiioncr, fome ycaia before their depura ion acceded to i he bounds, and was prepared to run ihe lie: including that county, | agreeaHy to the treaties ot GalpLinlon 1 and Shouldtrbone. But we mult not raftty fuppofe on tVofc acrouns t 1 at the United Siates will not do us jufticc—The report of a comn.imc nf tbeir boufe ofrepnfcnta t v:s marked No. 11, evinces feme feiious iurentino of uttering i r , as in jufti.c it ought to fc, to the State, and ; we have ualon to bel eve, from the agent’s fe r let No. 12, that the executive cl the Union is lavouraMy inclined to procure for us the pa'Sdife beyond The Oconee. A powerful reefon for the fuppnfuion of our foon ob alning it, ie the 22 1 fedion of the Ift article of the constitution, giving power of fa’e of our western territory to the westward of the Ciiehouchie• river, to the United B ares. You will, no doubt, attend to I Ibis important bufintfs, as w.ll as the duty the constitution impofes on you, cf pioviding for a return of the YaZoo depefic. It must cot be from hence inferred, that 1 agree to the propriety or constitutionality of the United btatce esiablilhirg a government within the bound! claimed by Georgia with out her previous confcnt, or a prior investigation of right ; my opinion is that no Mice of land on rhe M-ffif fippi, north cf the thirty first degicc cf latitude, up to her pre fent constitutional northern limit!, will he valid without the confirmation i °f the State of Georgia—For the United States in ibeir treaty with Bri lam of 1782, must have claimed under luc authority of Georgia, or of South Carolina ; and wlnchfoever of them it was, it made no material difference ; and the lame claim must have been renewed in the treaty of 1795, ppa n ; If under that of South Carolina, it wag relit quifhed by the convention of SUiu.ort between the two States, to Georgia , and if claimed under tbc right of Georgia; no question can be euterta\ied of her title—The dignity justice of the United S ates must 1 compel them .0 accede to this / for the c aim might have been made by the Uxitcd States to the State of Tc neflee, whtch the £/nit c d State! acknow J gfd the property ®f North Carolina, y their acceptance cf her ccfiion of it. let, notwithstanding this, I do not . C Uatc 10 declare, ilia* I believe it , Cr “ ,r °nrfclvis, and far more profi a e or fuccceding generation!, if we p. n ootain the lands on this fide the to lei the United S ates 3VC 1 c rc,n aining territory at a mode compeofation, than to part with it dJH mUCI ‘ I?rgcr * urn to individuals, ■ ,c c °nßtif Htion peimit it.—ln the mcr ca e, our children would come CI,, " M of the halted Slate, could puicMc the fee fiaple oa com mi tsmi with Olliers, .nil raatntal| their tndrprndrut chandcrs ; wSi'sj! ihc rr.otiiea obtained from the fale wnu'' 1 , no doubt, be appropriated tr pay the d«-bt of the £/uion, which we must bear a portion nf ; and thus relieve our fellow ci.izens from taxau* n. On the oilier hand, fnch an immeitfe ttrri tory in r hi hands of a few lordlingl, would render onr children tenants at will ; for the time musr, and will arrive, although we may have elbow room for our piefent population, when our def cend?nts must emigrats, and fuiure generations in iuch c»le be bound to curie the avarice cf their ancestors, who entailed & ilavilh industry on their posterity by the faic of their birth right. Among the other duties afligned you by the coi dilution, ihal of moft confequence, and which will require mu h of your attention, will be the revifion of the judiciary fyftero, in order to adapt it to the conftitu tonal arrangement—-To diffribufr juft ce fne y wi'hout denial, and promptly without delay, is among the highelt attributes of government. The duty of the leg fla ture may be herd uchtd on, as to (he rev fion of the laws of the State in gene ral and the ccmpTat on of its coi’e.— In vzm are laws made, if not exei.u e. 1 or if kept from v ew, and unfortunately, 1 thole of th.s State of a penal raruie in ' particular, commonly 100 hard and Uvere in the most moderate governments, are femetimes not known to the cnmi nal until the olfvCce i| committed, and fcarcely from their featured fimaton, and their being nearly cut of print, to the judge, unt.l the time oftial. Some of thofe laws palled under the Bn'tifli government, xlthough made of force by the adts of the state, are not to be found among the records, and a few printed copies only throughout the | whole elate. An ad to prevent the; e'eahng near cattle, pafltd in fheth'r j fetntb year of George the Third, 11 anung this number, although the pun fitment ie feverc in the first in fance, and for the fccoud offence d alhia a judged. I it is afccrta'ncd in fome of cur Grier star-8, that fangu nary laws do not eft dl the objedl of the legilUturc in reetraining crimes, and it w uld be happy for fociety, if fome mode of punifbment, ether than the (bedding of human blood, could be deviled in this etate, more certain ct producing fiucere repentance, and more «ompatib!e with .he divine piecepts. Perhaps you may not be able to make all the nectary provifiocs for thofe objects during the preltnt ftftion, but to put them in Ira n will be a grateful ad. . 1 How this (late has fullered from the rugbd of literary eftabl.fhmrnts, I need not infotm you. It can be proven that Georgia, during the revolutionary war, 101 l more weabh, and fhed mote blood, indefence of the Union, in proportion to her numbers, than any other ftatc ; but what advantage his fhe derived from her exertions? T he want cf a dalhcal hittor an Las’ buried her greateft efforts, whiilt the literary eloquence and histo rical la’cu'o of her neighbour, have di vened into tbc chancel of her own praife. thofe very, adions, which tbc order of merit, in justice, oibcrwile must have attached to the reputation of Georgia. There are other parti of the const! tut'oti icquiring your corfideratioo, which yoOr vigilance will, no doubt, notice, without my obferving on them. The great objed of apportioning the reprefenution, will early claim your attention. From tbc returns of th» adjutant general, of the effedive militia ot the state, it appears that our popu lation Las very confiderably iocrcafed, fincc the cenfus was taken in 1791 - Our tffedive militia force at that period, did not exceed ten tboufaud men, it now exceeds fixteen thoofand, and is rapidly increafing by caiigntions from every quarter of the union. Having, through the divine favor, continued entirely fice from the cruel pestilence which has fo repeatedly v.fiicd our not them and toid* 1 ole fit'ff th? unfavorable im • prcffion, fo strongly incu'cated on lb t (minds of their citizens, of the climate of Georgia, >9 faac wearing off, and nr.any of their merchants and artifant, have already extended their r'ewi to a permanent fcnlcmeot among us. The pipers marked No. 15, are com* , mun'caiioo* from the governors of Maf fachuf its and Conoedicut. rc ! at-vctoa propofed amendment to the conititution of the United States. Agreeably to their request, I lay them before you, and lubrnit the p*op icty, or impropriety of its adopti r, i The papers marked No. 14, exhibit ■ to you a charge against an officer of the United States galley, for landing his men to take a cit zen under the fed'ttoo ad of the United States, as thft officer is fald to have declared, by order of the 1 fccrcta r y of (be navy department. AI ■ though I cannot btlieire the fccretary ever iffued fuch an order, and forbeat ro comment 00 ibe prrpricry of the law, I cannot help obfcitfng that an attempt of this nature, by a military or naval; officer, in z p ace where the law is open, 1 and the civil magiltratc bound to take cognizance of offences againff the union, *s not only oppofed to the conltuution of the United S atep, but tends to foment jealcufies id fared to nur prefc-nt fftua lion when unanim ty is fo ncciflary j and whilfUil imprtfl'es the idea of op ptefih-n, inffcad of that protedi n which I am cenaio the galley was intendrd for, operates to awaken appiehcnfioni of an ad, fuppoftd by many not to be confti tutionai, and declared by a la c envoy to France, high in the citcero of the union, to be impolitic and unnectffary. A communication from the fccrctary of the ft ate of Kentucky, by order of the governor, accompanying certain rtfoluncns of its leg figure, ou the fub • jed of that ad, and the alien law of the {Anted Siates, agreeably to his rcqudt arc herewith fubmiticd No. 15, Gentlemen of the Uoufe of Hefre/enfjtlvet, The uluti ftitement of warrants drawn [ on the ireaiurcr b> the cx-cutivc, is here- j wi h communicated ; by which it appears ( that nine ihouiand three hundred and thir ty lix dollar* ten cents have been drawn (or the civil cllablilhmcni of 1 yc y 8 ; four | ihoufand two hundred and thirty-three ■ dollars thirty-four cents on the contingent ' ft nd of 1798 ; eight r/ionfand two hundred and forty-nine dollars fifty one cents fpc- * - - / - i cia! appropriation of 1798 ; twi thoufand and (evenly-(hi cc dolla/s one cent IpccinJ appropriation tf 1797; for*t> •«£»x dollars thirty-five cents fpeuat appropriation cf 1796 ; and twelve hundred eighty-five dol lar* feventy-one cents fpecia. approprin ti n of 1795 *, rn iking in the whole amount of warrants drawn by the govern* ton the treafurer, for the poll ical year >798, the fum ot twenty five thoirfand two bundled and twenty-f ur dulla-s two cents. JKxclu jlivc of the be lore going wa-rAtelo Jhe I funds of the Hate, wan ants n [on the Yazoo depolit in favour of Jim Whiney, fer one hundred and forty-one d bars one tent • of 1 hi mat johnfon, agent for S ephen Files, attorney for John d, Girardeau, for (eventy dollars ; ol 1 he agent lor Stephen Files, attorney t r John B. Girardeau, lor 01 c hundred and Unity eight dollars rlf . cn terns , and of 1 homas johofi'D lot two hundred ana twenty-nine dollars fixly cents. The tnarge on the contingent fund hat been incicaled, by the incidental expcuces attending the Convention, and the difeharge of :hc falary of the comptroile r general, cntitcly overlooked in the appropiiatidu aw of the lafl feilion. But noiwithltaiuj ing this, and the pay of the members ol that b «;y, under the appropriation for that purpofe, the revenues of the hate have been adequate to every tall of the govern ment. 1 he United States having at length pro ceeded to dirctf taxation, it may be ncccf fiiry to reuuec the flate tax, on the article* o t property corning within the defeription of their law ; but would it not be impo litic to relirquifh the idea of a date lax on tbe.fc article* altogether ? For perfons who do not complain of an accultorncd tax, if not oppreiiive, arc apt however, to con lidcr the lighted impolition of it grievous, after its b.ing once relinquifhed. -Among other rcl’ources in tlic power of the Hate jor a retort u>, 1 recommend to your con lideration, an efeiu-at law, as not only jutl in its principles, and profitable to the com munity, but as injuiious to none, but a certain dais, it fo u can be termed, wh under the charter of a 'miniftr ators, graip at eftates to which they have not the (mall • ell pietenlionr. Pet ions dying i.iteflate, and without heirs to claim the pioperty they have acquired, mull be luppufed to icicnd lb-l the fU-c, under whofc law* that property wu ftroteftfd. fhouM Inherit . it. Many llatcs in the Union, derive a handfomc revenue from law* of this na ture, and on thcopeiation of a law ot thi* kind here, conliderahle lums and large pro perties will he found in the hands of sndi vidudt, to whom ihcdeccalcd perfoni they belonged to were nn'tner indebted, nor ob'iged by their civilities, and many nor even known by them during the enurfe t,f* their cxiHcnee, and whofa memories w«ie only retained to lecure the plunder of their eftnten A very conliderahle arrearage of tax yet remains in ihc hands of former collectors, which under the prelent mode of fate, can not he procure I from them. A termer collector of Franklin county, who hat m dc de'ault of payment ft) the amount of e : ght thoufiml and hundr ds ot dol lars. pollellci with hi* fecuriue-, an lm* menfe nuimer of trafls of land, wh th have heen feized, but cannot be fold, s nth out au utter I Is to the (late « f nine-tenth* of the Cu-n due ; for fhouid a laic taka place in Frank in county of th> le lands, the amount which they wou d he bid off for, would little more than pay the expen les attendi g it ; this has been afeertainrd, and I have been under the nccellity ol put ting a flop to the fair, er of at Icaft not ccnfuiing its delay, until your deliberation c mid be iiad : it the powers n| faic, in j luch cafes, arc left to the executive <ii*ec ! tion, 1 have no doubt hut the hpdv fet up in Savannah, Louifville ot Augut'a, would Iccurc to me hate her full demands Some attempt have heen made to draw the hate i»>to a court of law, to decide the legality of the trcafurei** executions \ alihough tliofe attempts by collectors, have buheno failed, it would be well if the legiftature would be more decided on ihi*ioinc,as well a* on the power of th« trealurcr over the fherills ; in fuch cafe! only, where from their neg;r ft or refufal to execute his executions ag inll defaulting collectors, the Hate mghl fefter in her revenue. I here again beg leave to drzwr your attention to the duties ol the cOmp troller-generd, wh'ch may he beneficially extended to a chaigc o\er the hate finance# generally. A new fpecies of fpeculatlon feeml to h.'.ve taken place, in fomc counties ; large trafts < f iatd have been Id for half the tax due on thrm \ the land Commonly was bid mlor the oiigmti owner, and thus ofcourfe one half the taxes clear gain to the de faulting citizen. The ilcps 1 have taken to prevent this tax fpeculatlon wid bo lound in the paper* marked No. 16, which 1 hope will meet your approb .lion. It is not juft tint the honeft citizen fhouid fully contribute hit quota, whllfl. the defaulter irom et her «hi imbecility of the law, or fuperior cunning, can evade his proportion. Some trafts, ** you will find by the papers marked No. 17, have been purchafed in by the date, remain lor your difpolal. Gentlemen of the Senate and Houfe of Jtejirf I jcntativtSf 1 I have ircfpafTcd fo much on your time, [ that, although there are other important [ matters to which I could draw your alien , tion, I lit *ll decline doing fo at iheprefent moment, and communicate them to yoa Irom time to time during the felllon, I will there*' tc only add my congratula : tions to you, and otir fellow-citizen* at 1 large, on the olcllings of peace and health whiJi we have huhei to enjoyed. B’efli'g* which fllould they, through the divine g todneli, he continued to us for a fewr } c-tri, will rank this (late among the vreaitnied and mod important in the Union* Our increalmg llapleij p irtifcU arly the ar» iic• cs of tobacco and cotton, will (oon enable us n«t only to (apply the conlump tton of our liflci fta'es, but to carry on a iaige foreign commerce. But fh uld the c»erti c n» of the general government fail in the continuance of peace, and to * v 'Crt, that wOrft o( all human fcourger, W AP % i am well ai med, that I canall->co gratu late you and them, on an university of (•miment on one g r cat point * To meet that evil with firnmef* and dcicimiuanon in defence of their common country. Aflcrtioiis, indeed can etfily be made tr> the contrary, and (uth have found theif way into fever<l pa ers ol the Uiiion j but neither truth nor policy warrant the re, rc fentation of Gemgia on this point, as a divided people —lnte«c(l from our more cirpolcd fiiuation, and duty a* oi.e |< f the pillars of the federal Fabric, whiifl we watch with a vigilant eye over our own conllitutional rights, command our exer tions, in common with our liner itates, to preferve the Confederation, and toremein bar that, ai ftates, we are children of the fame great family, and ‘hat however indi vidually we may differ in fenttment on fomc points oldomcftic arrangement, that no one ofanother boule has a fight to inter*, fere in our family 1 AMLS JACKSON. Executive Department , btate Houje , Lwijvilliy January I7V9* i m WANTED TO HIRE, B\ the Month or ITear, A NEGRO MAN Enquire at thii Office,