Newspapers / The Raleigh Minerva (Raleigh, … / Nov. 30, 1802, edition 1 / Page 1
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-Jiff : i - 1 i 1 THE NORTH GaR0LIN'A MINERVA & j I: G' ff?-?tj 6 Us he d every TUESDA Y y H Op G E c B OYL A ti. - :v Iivemyfive Shillings per Year. "j - i T ii 1 " "' From "XllZ TIMES, CharUjlonptr. CONSIDERATIONS' ' ON THE ' GEORGIA CLAIM ; - : TO' THE. ' ' MISSISSIPPI TERRITORY. - :r t LETTER. II. , (. v . Dar Sir, ' " ' , r In my lalt I gave a fhort fketh-of. the rife and eitablifhraent of Welt Florida, as a Britiih province, the extenfion of its boundaries, together with an account of. its furrender to Spain, and afterwards its cefliofl ot part of it t the Mtcd States. -I (halt no w proceed more particu- Iarlj7 toinveftigate the nature pt the Georgia claims .to that partotita bove the pit degree of north lad tiide, as far as to the mouth of the Yafibns, now called the'MiiMippi tetrirory ; in order that ryou. may be?bleto form fome idea of what ' kind of title that date had to the ter ritory in queftion. I am nctjn pn : lemBn ol the" different ads of the legiflature relative to the trail ot country in queftion, nor do I con ceive "it very material ; bccaufe, I fuppofe when they were remonftrat ip.g to the national kgiflature upon the fubject, every poflible right or claim they could rely upon, was ict forth. I hall therefore particularly confine mylelf to the report of the committee', and this remonftrance of the Georgia lettfuature, prcfented to congrefs in November 1 8co. ' In this remonltiance, the claims cf -'Georgia fcem to be Supported on; five or fix, grounds, viz. . iff. The crigiriaf charter of Geoj gia, refortedf to in the report. ' ,' 2d. Therdefinitivetreaty of peace, in 1783. 3d. The grants made by a tent porary council at Augufta, in 1773 ' and 1780. . . '.. 4 Ath. The aft pafled m Georgia -in f ehrnary, 17s 3 aiiertin right, and eftablifhing her, boundar ncs". . ' ' 1 5th.' The aft eftablifhing a coun ty, called liourbon,-and, Laltly, a reprelentation on thj "part Of the" United States, that Geor gia was bounded by he 31 ftdegree of north latitude. ill; The original charter of Geor gia, in 1732. t his charter was, ( I thinklamjuftified in faying') igno rantly and abfurdly extended to the South Seas," as well as that of Caro- lina originally, and. its fub divifip.ns afterwards. ' 1 hey were stl granted - under a total ignorance, of tbegeo graphy of America, or with; a vkr.y of haying future grounds "of war, with France or Sain,, at fome dif tant day. With refp? & to the ex travagance of the t&ing, no fobcr ir.indprl man ran fiit-mri!.- tint- tJi, ------ ' " t I 1 M'Ul till. 1 I nglifh ever intended to eftablifir a y colony ot Inch imrcienJe extent, icrofs a continent of 3 or 4000 miles ; the thing was:utterly imprac ticable. ' Thepreumption there- iareai thathis, as--well asr t hru thers, were granted under a total ignorance-of the true fituation and -extent of the continent. -But if it an be I'uppofed tint they had really a knowledge of the true fituation and extent of the-territory included within thofe grants or charters, then it was a nugatory aft, iacon- 11 tent WTth thn h. . ... imitucu auumpuon ot iiaiKieu auumpuon ot power, J or the purpofe of feeding the1 flames u a ; 1 y ue war' - 1 French KrTa-n wmoii of the river MifrnTippi, and eftabtihVl -Va pro vince called Louifiana, . and which Hy contended extended to the con fines of the ferment of Georgia 'n nd Carolina t0 the eaft, and from K.urceoftlicMiIiffippinorthto thcGulph pf Mexico on the fouth. ihey ebhltied aaualettle;enfr 1. 1 D A Y, ; o n the ifland of New Orleans, ori t he eaft and weft fide ot the Miffiffipi pi river," and as far- as the liver and town of Mobille to the eaft',- where their defcehdems remain to this day. And this right of the French to the country, as far as the river Mo bille, was admitted by the Britilh government itfelf J for by the 7th article of the treaty of peace ?n 1763, after defcribing the boundary line to be along the middle of the Miffiffip 'pi down to the lbberviile, his moil chriftian majelfy exprefsly cedes and guarantees to Mt& Dritannic majeltyi the river and port of Mobille, and every thing that he ; pollefies, or nno-ht to DOfTefe, on the left or eaft fide of. thQ,.MiulCippi, .excxpt the l town or iNew-urieans, ana tne luana on which it ftands." Now it is ap parent, that this extravagant-charter: of Georgia in 1732, muff have cut through the: French province of Louifiana, and thdSpanifli Mexican dominions, 'on the welt fide of the river Mifiilfipp?T as far as ths.JnijaL Caiifornia, or. near it, to have gone as tar as the South Seas Upon the whole then, this extravagant charier vas void ipfo fuel;, by the lav' of nations, as far as it extended farther weft than the. eaft boundary ofLoui liana, viz. Mobille riw;r. Indeed it tes been faid that the Kio Perdi cl), a'fmall' river between Mobille' and iVnl'acoia, was the-tru. bounda ry between Louiiajiiatgnd Morida. As the Spaniards alway till the trea tyof 1763, poflclletl PeHfaeola, and the country' as far as the Perdido, about twenty ' miles wtd of that town,)' and ' St. Auguftine, which were rhe ancient fiats of the Spar.ifh. government in Kalt and Weft' Flo rida, jtill that period ; and in corfo bation of the final! river being the trua iiauriJary,i tbioth , article of the treaty of -173, ' feerrs 2forig in.p.iint;c.-dB' ' tJj:'-tQth ariiclehis rfiirannjc najclly-'.ccdes the iihuid of -Guba, and fort.rJ'i of the Ha'vamiah, to Spain i-.and by thi ariiclc, "his Catholic maefty cedes to Great-Di-itain,-',the -Floridns, v.ith tort Sr. Auguitint? and Bay of'Pen-facola,- as .well as ali that Sp;iiipof efles on the crnfinent of.Nonh Amei ica, to t hetalt and fnutli ea (t of the -river MiihriippJ. Now, ;i!l that Sp.iin poiTciies o?. the wef": cjL. trre my ot fenlacM r, was tne ccu-.n try as' I ar as 1 ho R io Perdido, whi French fettlemeius verefcatreredall over the country, between this Rio Pi.rdiifo, and the Mobille river. 2dly. Tlie next ground-of cL'vv) is the definitive treaty of 1783. 'Wvs, treaty fixes, to be' fure, the wcll Avardly and louth-weftwardly boun - daries ot'the United States, which are thus1 dehned; "along the mid- TUES die of the Minifiippi river, until ir . j porary council, it is enough under interfech the 31ft decree of north : tin's head to fay, that if the ftate of latitude ; . fouth by a line due eaft ; Georgia had no'right to the lands from the termination of this line laft i witbin the Mifliffippi territory, his mentioned, in '-latitude 31 alegrecs I temporary council had no right to: north of the pquater, to the middle.; pafs grants for any part of it ; every of the ri ver Appalichicola, oj Cata- 'l thing, iherelore, inuft depend upon houchie river ; dience along the ! the right of Georgia. - The bale e'xr middle ol that river to rits junction levcifcvof this power certainly could with I'Tint river then .. Itraight to -not Lfcj;fee.-rState--of-Georgia -any the head of St. ItrrTVrtvcf , ahTjadJitionaFtirleV . , thence' along the middle of. thar ri- j ; 4th. The fourth ground of claim ver to' the Atlantic ocean." ; 1 hare ' is, that anVat was pafled . by the talcen thefe boundaries from the i Georgia legiflaturc in Febuary, 178-?, printed remcnltrance of the ftate of Georgia in 1 f!oo ; and I would atk "any perfon interelted in thatlaim, whether theie boundaries-ere in- tended to he defcriptive of the righur of the 'flare-of Georgia or of any 0- ther particular ftate in the-Union? j 1'hey furely were not : T hey are pn-1 Iy the conclufiv'e part of the bounda- ncatit thcL'nited states, negmning at the river St. Croix, and ending at the. river bt. Mary s.. But lup- pofmg there was any thing in this treaty which could be conftrued to" give Georgia any right, I would afk, WqVEMIEK 30, C2. h,ad Credi t liritain a power give fuel) a right " Here a Very imoortant nnpf. tion to the Uniled Sfates; arifes, up on tne law or nations rT That is, whether Great Britain had,' or had flit a tight, to cede this phrti&h of tountrf to America, .between' the mouth of the river Yafiona, and the 31ft of latitude.' Ilia veal- ready mentioned that Weft FI01 i.Ja had, been extended up as tar as the river Yaflons, and that all the: coun try bfetwecn this lafl: river, and thd .11 - "J V ' 3 1 it ucrce, remaineu irom, 1704 to i78rJ' n integral part ot Weit Ho- ri'da." alio mentioned J. th&f irirvra vpi, Weft Florida, tuch as i t 3j$ m extent and jurjfdi&jton, was fufrtndtretLby the Uritifli -commander, to SMn, arid to be held by hiv (tholi)fi3jefty4 -.until "finally difpoftiiot bytKe two crowns ; and: that hi the defi5fii:ive treaty between Efiglaiid and Sdpin in, 1783, it was connreied tb.tfft latter. . What right then had (ireat-Britain, toedc or give.uft thiVpart of hervffrmer do minions, to V-third &tiim, which fhe haid "To ftnally. l'urrdldered to Spain,' by capiuilation a infacola, in 178J. ; IfSthe advocatifor the Georgia claim'anfwer. .' AnVy man mightis wejtjtempt to fellirive awny.Srifht 'toja farmsrai he had f3f;na11'y; ffofed o.&i'd the purchafer or dnee, cjaj'ivi a title " utf der this fccoriil falij? or -gif jf as the Hate of GeorgJati- prtteiw to (tt up; anyAado'wjtff ripitr under-or by virtue ioi tluWrSatt The truth ie- ' ally isVthat fh coujitry had been previoefly eedell t(fKiirin. and was not t h propert of (Aceat Britam to give awlay to th United Stattjgf),i he tTeaiy,rftteretcrjp,? irtfthis parHtlar. was nptoty and Y$ftl& itfi$ar.d d ircct ly". corit r ar y "to j hltf Jaf? of . n a t ion s. ;t is probabl4-that va 1 1 t nfe hi.U jfe. cot ra the kiiowIcdgc.Qi, trie - commiihoner, -Mr.5- Qiwald, when he iuade the frtjsty 'with the American cominiiionefsvat Pari .in 1 703 or in the Knowledge of otfr cominifiioners ; and that the king of Great Britain's firft proclamation -ei 1 763, might-have been raken as iKe rule for fixing the boundaries of this part of 'the - United States: Be this 1 however -as it may, there it not a candid man in the I hiion, after this fair .and plara ftatement; who will pttempt to fay, that this right gave - ny additional right To Georgia, The infer :ian of this tenircry within ?to limits of the United States, certainly originated in errof and miftake. As a third grounifot claim, 'it is f;ud, that grants were made in the jLyeaf 1770; and i7orby a tempora-, I l'y council at Auflmfta. Without i examininrr 1 into, or inauirifij: ' anv thing about the povecs of this tern- afcerraining her claim, and fixing lierjKnindaifes; &c. ,1 his a& to be faref does; declare that the fbuthern bouridaiy of Georgia fliould be a line drawn from the Mifliffippi, in the latitude of. 31 degrees, in a. due eaft courietO therivefTratahouchie"; and Tin- -other refpeefs . according to ihsfcuthern' boundaries of the Uni- te-j Mates, Tierethen, for the hrlt rime, are. the exprels boundaries & limits of Georgia, openly and avow edly declared w the world. Every thing before this,, had been by con ftniction and implication ; "this acTr- Vol. V II. ? N 0 kb howeytr, toldly and explicirl; af nouhces,hat her limits mould be u noweyer,f it; moujuvbe alkedTon what ground this fegiflatire declara tion Was founded," I believe . it y. puld be difficult tor the warmeft advocate for the Georgia .clams to give a di rect and explicit anfwer "1 .We have already feen that the original charter did not give thLa right ;. but' admit ting for argument,, fake it'didi the fame" power ithat cut' and : carved Georgia out o Sputh-O'af oliiia, had in like inann&created another pro. .vince called Vt iojridal" irri 764) and flicecf of? ir rnaf t At 'it? remote fouth,weJlern lerritoryiT to niake th; latter a con venient compaftpr ovince-. Kyjttending lts'bpun'faries up tqi the Yaffons4, As little right has hee'n give and fecondlyif, it had then belonged to Great-Bntaui to give fhe ceded it to. the UniiU States, and not to 6V7rt"and oFasIittle avail is the claim founded on ihe exercife of the right, by the, temporary coun cil ot Georgia -T,et us now advance a little farther and fee whether there are any other-'grounds' upon which, this declaratcrary act can be jufti fied ? It is faid in the remonftrance', that the -'articles . of confederation promulgated in -1778, (and finally ratified by the aflent of Maryland; in 178 i , guaranteed io the different Ameiican ftates, their overugnty jt riiiiB't'tt and territorial rights y whicfi i all very true ; ' and further, that Geotgia entered into this confederal tion, with her claims of iurifdiction,1 and right ot territo: y : tnji r,o man can or will deny.-'Bu.t is : there any thing in 'theatricles of confederation, which alcet tairis- or defines the limits of Georgia,'or any other'ftate in the .Union 'Purely pot 1 it tloe gtoran tee the different fbt.es,' fucJt as they were, or had U-en in rhf aftnl pnf. feflid'n of, at (he time ; brit as to the exprefs linojcs tr bounds, that inftru mcnt is filenf; It is believed, that Georgia rrevcr ' exercif'ed previous thereto' nny a5ts of lbvereignty or iurifditlien, beyond the Altamaha or Ogechce rivers : It is b--lived jhey had rio Tettlerhehfs at that time be yond them, or at leaft very few. The Creek Indians claimed the country lajhcfe rivers, and their light to the foil, has been but ; very lately exJinguifhed, f (hat it is high-,, ly prcftrmablethat all the afts of fo vereignty and jurifdiclion that ever Georgia exercifed before the acl of confedration, muft have betn exer cifed between the' Savannah and' thoi'e rivers, . fhe MifliflioDi territo. ry lies at a distance of 70 mile's to the weit of the Ugechec, and the two numerous andopio4is !rtiojjs of Creek and Chottaw Indians!' given by the treaty of .Great-Britaiix . ththei;.nlld"'StafeVral783 - firft . beacule it waS not G teat-Britain's to ci'iriftftviivwiJuvu fpread ov er a;i extent cf country up wards ot 600 miles,, lie between thefe ' two portions of country ; Jo that it was utterly jmprncticable for Georgia-toexercife any act of government aver a portion ot territory io far be yond her reach, feparated by two - j iuch powerful tribes of hoftile Indi-anSfi-wBefides, at the very time this confederation was publifhed to the world, Weft Florida was in pofl'eflion 7 of Great Britain, and the public of flees pf that province were in the full and actual pofleffiori and enjoy ment of the jurifdiftioh thereof, and , continued to exercife it 'feveral years -after,; fo that uiilefs Weft Florida, could be confidered as included with- '.' In the confederation, no part of the .Mifliffippi. territory could beconhV dered as guaranteed by it,. But, fays the( reinoiilirance, " the " Miffiflippi Territory was long be " fore that claimed by. ana ackiiw- Jedged to be rhe right or Georgia By whom was the acknowledgment made ? lot by Great-Britain, the . 4' V : r l ' 1 SS f 1 i . . .- ; V'Yim 1. ,l mitt 1
The Raleigh Minerva (Raleigh, N.C.)
Standardized title groups preceding, succeeding, and alternate titles together.
Nov. 30, 1802, edition 1
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