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f .V ... ... t-si ,4 & i v ' hi- 1. I. ' -5!. ' -r ifi ): V ! J! J 1 principle, V the ;cade of public Iair ,;Js'itJ)rcsciii;better establistaidhan liiReommoii freedom of thegeas be Isfy.t ydnda veTylimited istaftce froni ', Territories asucu uy ycfM v' distanielmJced is not fixdjtli ab- ! fiond perhaps Mt; may;Uc treasonably varied Jn soi hiatflic vhicJwouJcl no wvbrtel to any where would make'buf csfiiiall pro portion of the narrower! part of the. iVrtlt esctal mtd and jcercTsed bjQreat Britain pVerthese :seas i If they, were 'really aparp'plhcr" domaitt fieru ; thoritjr wduli be f theam5re,ai f irr vithm her other doniainy iroreign Vessels-: jvomd pt: supjec xo ai? tne. TawsandTectdalions framed forthcrn, . asTmucli aV-it they fr"Wv hip 'thc jt bors prrjyersiof ; he country.; Nothing olthis rus eendedir--J pthinar of this sort will be tolt rated The only instances in 'which those sea are, distinguished irpm pother seasf or jrt HvhichiO. Jjritalh enjoys ivit.Hin thern, any distincon over o tjier .nation3,,a:iirsfthe ' compli- mept paid by other lags . tp hers.: pecontljy, tne extension oi ner iem- torial "jpn$dict ion in Certain cases to (' the distance pt four leagues frpm the .Coast- iVifHe firstv is a relic of ancient ' usurpation, which ha thus long es caped the correction which modern and move enlightenedtimes hive ap plied to other usurpations.. The prt- roalivc has fbeea often contested, however even at the expenqcof blou 4y wars, find rs still borne with ill wdl and impatience by her neighbors. At the last treaty of peace at Amiens, the-abolilioh of it was repeatedlyind strongly pressed by France J and it is not improbable, that at no remote day it will follow thq title of 41 JKing .' of France' so long worn by, the Bri tish Monafchs, and at length so pre- party sacntrced to the lessons ot a inagnanimous wisclo.TJ. As far as V this homage to the British flag has, ' any . foundation at present, it rests' merely on long usage and long ac quiescence", which are Construed, as in .a few otherfiasesof maritime claims, 5 Mo the effect of a general though " tacit convention, The second in stance is the exteiisioivof the territo rial jurisdiction Jto four leagues from the shore. this too, as tar as the distance may exceed that which is generally allowed, rests on a like foUn daticn,'S!rengthened, perhaps,by the local facility of smuggling, rr d the ' peculiar interest whiclv G. Britain lias in preventing a practice affect ing so Uei-plyhtr whole system of revenue commerce; and manufac tures ; whilst the limitation itself to four leagues necessarily implies that bevond that distance no territorial jurisdiction is assumed. But whatevef may be the'origin or value of these jprerogatives over fo reign flags in ope case, and within a limited portfon cf these seas in apo ther, it is evident that 'neitherof them will be violated by the exemption 'of American vessels fromimpres3mentc, nvhich are no vise connected with ei "ther ; having never been made cn. the pretext either of withholdirig the wonted 'homage to the British flag, or of smuggling in defiance bf Bri tish kiws. K ' :This extension of the British law' to four leagues from the shore js. in leixed from an act of Parliament pas- sed lathe year 1736 (9 G. 2. C. 35) the terms of which comprehended -A vessels, foreign as well as British. It is possible, however,' thiit the for merare const am!xcepted. . Should yourenquiries ascertain tiiis to he the case,' you wiTT find yourself to be on better ground than the concession "iiere made. With respect to .the compliment - a'd to the B i itisli fl j g, it is a 1 so pos sibie that more is here conceded than you may find to be necessary. Af ter the peace of 1TS3, thii cpmpli nent was peremptorily .withheld by V ranee, in- spite of.the remonstrances of G. Britain ; and it remains for Vomv inquiry, whether it did not con- inue to be refused, "notwithstanding ,ine lauure ax Amiens to obtain trom G. Britain"a formal renuftr.iatton of ' the claim'. '' - ; Froir every tie W of the subject1, t ,1s reasonable to-espect that the - reption of the narrow seas, from the stipulationagffir&timpressmen not be inflexibly maintained. Should it be so, your negociatioh will be at Jn end. The irurt)';s, that so great a proportion of. pur trade direct and circuitous, pass-s thro' those chan. rels, and- such is its peculiar expo sure in them, to the wrongs practi , sed thatwjth:iicb'an exception, any1 v , remedy would be very partial. And we can never consent to purchase a: prti& remedy, by confirming a ge neral evil,- and by subjecting purt selves lo our own reproaches as well as to those of piker nations. s 3d,Tt appears, ' as well by a letter1 from Mr: Thornton, in answcV to! One tvtim m. -vf U-u ' i r- 1 v : ; y1 "uui wnicn copies fpcbicc!, as from conversations : ' W1 wni wnicn conip )ns ity which: wbuld-be given, particulatly in the .British channel, by the im munity claimed fort American ves sels; to thV escape of traitor, and the desertion pf others whose ser viceYirItime if war may b particu larly jrhpOrtant to ah 'nemy, forms oneothepleis to the British prac- tibYafrmitng Afnericaft crewsi and vHilbe pn pfjti pbjMP 10 & formal'iiirrcUish ' .tJNtsfeaiifec all -the otherad mi aOttu ana saiisiciuiysrcpjy'" InM-iirstMaM i at au against me neuirai rcianpi n ouidyauOionslJi wjberasih 'appiied;?pjrns; few if yoj ihptn are a lie agea to oe ot: euner description, and to vessels whither- "soevexbouhd even to, Great-Britain he rselt?r 1 n the lie xt placle, it. is hot 'only a'preference of a smaller object. on one side to . a greatef object on fttie.other.; but a sacrifice or rrght on orife side, to expediency m the other ifjbuttd 1 Boundary fettled We have the pleasure' to lay before bur. ' Headers the Htport ot the Pomnnsston J crs of this State and the Siate of Geor gia, on (the subject of the! long disputed IJoandary ; together w-th the Lonytn . toiiai Agreements entered into by the said Commissioners. 1 T v ' . Rutherford Court House, N. C 3 - ? l July 2a, lbOr, SIR, ; " In' pursuance of your Excellency's j appointment, e arrived ; at Bun- , combe Couri-housc on he I5lh of j last montb; where we met Thomas IP Games and William Barnctt, Es- I quires, two of the. Commissioners on the part oi Georgia, the other jCotrirnissioner of that State, .Mr. Fburnby, did not attend, and his colleagues having concluded to pro- iceed whhout waiting for him, we centered on the business assigned to jus, on the morning of the 16th the (day following our arrival. ! After having exchanged our com .missions, ana tne.Liecrisiauve acts under which. they were respectively issued, and having declared that the j Commissionersof each state. were sa- tisftud with the powers of the other, it soon appeared that the principal j obstacle toan adjustment arose from jousiacie toan aujusiment arose .the expectations which We expn ,that if on ascertaining the 35t essed, ih de gree of North latitude and running the line corresponding therewith, it should happen that landsclaimed un ,dcr the authority of North-Carolina should be found to be within the Stare of Georgia, that that State would j confirm the said claims, and provide in some proper way to render them legally valid. It appeal ed to us, that this preliminary should be discussed and agreed to before we proceeded to ascertain the. point from which the line would probably begin, as while that point remained unknown or un- certain, the minds of the Commis : sioners of both States would be more f likely to come to a just and unbifcsed determination. To give your Excellency a view of all the argil ments we thought it our duty to urge on; thi3 suoject, would, swell our report bevond the bounds which appear to us at present to be necessary. It will be sumcient, whope, to inform you, that we omitted nothing which occurred to us to be material and pertinent. V e endeavored in as clear a manner as we could, to shew that the expecta tions of the State of N. Carolina in this, respect were founded on justice, reason, and the precedents establish ed hy other States ; and that to dis regard -the influence and equity of these, would not compprjt with that liberal Sc magnanimous policy which GoveiTimertts, united In harmony and poiitiqkl friendship shoiiid on ail oc- casiOils evince towards each other.' We -also endeavored to establish the following poims, viz. . I lsU That the claim of the State of Georgia to the soil and jurisdic tion ot the territory m question, was ja rect-nt one, acquired and eoin ! mencing only in the year 1802, ivhiie we could shew from the dates of I grants Jc other authentic documents, j that the State of N. Carolina had riot jonly claimed and exercised an un interrupted jurisdiction since thecon- 1 elusion of the revotionary warbu mat soon alter the commencement of that war, an arrny of N. Carolina, commanded by Gen. RutherfartthaE actually reduced Vftat territory ojpHe force of arms, andlmarcned irrtotfe country of the, enemyfar beydndiSf m. a iiau 3 iui in-aroiina-; ac quired the possession of the soifiri this manner in her exertions for the establishment cf.Arnerican freedom and.independence, and- conceived it to be within'our littiits as "defined by ancient charters an d conventional a greement5, tOfgratt the lands to in dividuals could' -not be deeemed di -Respectful to, nor invasive of the ter ritorial rights of iy pother covern ment, and I if nbtdi it-espectful nor n- rasive of - those rigdtimefitiQnalli D . At sh ol'lexdn Y dSrli3r. :i of course ehtitlef yconsideratldn of equity, to have their entries and grants conhnned. 3d. That the lands granted oy IN. Carolina were paid for in certificates, obtained for services performed in discommon cause of the American Revolution, or in money to be ap plied to the discharge of those cer tificates, and consequently, if any pot tion of . the giants . issued should to be for Iaodu;viUun the i.o.aic . t" . """ werght: and qperate as an inducernent with the govern tnent W tlvat State tpvefirm and give .tjiftmivalidity.1'-": ':' -' : V r -4th That it must be manifesUrom the uncertainty which" existed on both smes, aj me meenug vt vuc vuih TOlSSlOners, as uic nac wucrv the line would bSfbund to be that hhe Statdf i issued a single grant for, any tract of land Knowing it to oe wunm me Dounas oi anoiner .oiaie, anu-conse '.quetly--v'tttifec't&v number' thus is sued in mistakeshOuld, on the actual running of,Uie line, appear to Wezo or many, he principle was the same, and. they ought, from considerations of respect to si Sister State to be cori firmed.. Ipjreply to the arguments advanc- eu. oy us vo esiaonsn inese several points, the Gentlemen of Georgia, with great candor and liberality ad mitted the justice and reasonable ness of a certain proportion of the claims : but declared, that after ha ving deliberately reflected on the subject, they had come to the con clusion, that whatever might be their impressions as individuals, they did hot consider their powers competent to enter into any stipulations, which would bind the State of Georgiain po sitive terms, to confirm those claims and give them validity in the manner which we wished for and ex pected : They would, however, wil lingly undertake to recommend them to the liberality cf their Government, not doubting but the Legislature would provide by law for their confir mation Sc establishment, in a manner which would afford a satisfactory and adequate relief. The preliminary discussions h re closed, andthc Com missioners divided themselves into two Committees, one for the pur pose of preparing the draft of a con vention in proper form, the o her for making the necessary prepara tions for our departure to the moun tains in search cf the 35th degree of North latitude. The preparatory arrangements were all made, and i he convention marked A, herewith transmitted, agreed to on the morn ing of the 1 8th of June, immediate ly after which the Commissioners proceeded to the house of lajoi A mos Justice, at the foot of the Blue Ridge, near the Saluda, bn Flat Hock Gap, where the great road from South-Carolina to Knoxviile passes it. We were assisted by Doctor Jo. seph Caldwell, ' President of (fur U-niversity,-and the Reverend Jarne Hall, as Artists, with the best instru ments which could be procured, ptir. cipally those belonging lo the Uni versity, Which the Trustees of that Institution were polite enough toi lend to the Commissioner for the accommodation 6f the ate. The Commissioners on the part of Geor gia were assisted by Dr. Josiah Meigs, President of the University at Athens in that State, with the in struments belonging to that institu tion. It will appear by the joint re port of these Gentlemen? No. 1, da ted June 20th, 18or, that they a pirced in nuking the average or mean oi thej'r observations at Major Jastice s to be JNoith .Latitude 35d 22m. 32s. 2Qt.' and concluded their report by recommending to the Commissioners to proceed further South. This we immediately resbl ved to do, and directed our next ob servations to be made in a field on the flat lands of Little River, near the house of Mr. Chas. Lane, which by the written report of the same gentlemen No. 2, herewith,- dated at Mr. Lane's, June 22d, 1807, was made by the. Artist on, the part of N. Carolina to be 35d 17mr 6s. 93t. by the Artist on the part of Georgia 35d 13m. 10s. 22t. " Appearing by these repeated observations to be much too far North, the Commis sioners then resolved to proceed to the summit of the Blue Ridge, at or near its most southern bend,,which t -ive were advised by some of the in habitants would be fcAinxl to be not far from Douthard's Gap, a place a bout three or. four miles from-the Table fountain, and nearly equt-dis-tant from the promontory called Casar's Head in another direction. At this place we were obliged to pitch tents to live in ; and though at tended witii many inconveniences We made Drenaratinns tn ploin the point of latitude with as rrinrK w- w mmm Mm rmm accuracy as possible. The results of the different observations made herpflf ill appear by 'reference t tba, , t J ; i bFihe Artists No. 3, . dated lib ; No. 4, June 26th ; No 5, JunVSth and No 6, of the same date, made by Divl Iall, all 1 which sTre herewith transmitted While the Artists were making these astronomical observatiorisj-ithe Commissioners of Georgia became impressed wiUiVart opinipn Jtiiat ihe 35th degree of Kortb ttitude$ould not be found on any part :6f : the Blue Ridge, Est oJUteippopy boundary , line of- theflntliaris;r esta- hlished in pnrisiliattce of the tjeaty. bf the. Cherpkeesot tneeariy wiin th e Ge neral TpovefB'rtintiB n& ap peared to be extremely erpsito i adiourn ano leave our proceeding su- finished until the eusUihgtbbe They first suggested'this proposition in; con. versatidn, abd afterwards in the formbji-a . writtert ! cromunicationf the joViEri rial of Avhich is heremth due deliberation, we jreturned the written: answer hetewithrmarked C, (dated at' the same place June 26:h 1807. j After these communications which lill exrJlain themselves witl)- obt comment, several personal in terviews tookj place between the Co m m ssi 6 n e r s of th e -1 W b s S t ate s , which terminated in an agreement o the Supplementary Convention the original of which is herewith ransinitted, market! D ; andr bear ing date a: DouihardsGap, the 27th of June 1807. ! This supplement anui the convention of th 18th, agreed to at Biiiicombe Court-liouse, marked Ai are to be considered as standing together, and; forming the final a- greement between the two btates on the subject of boundary Having thus brought our discus ins ana negociatiohs to an arnica ble conclusion we considered it to be our duty, without delay, to com municate ihe result to the Magis- rates and other buicers civil and military in the county of Buncombe, that they might, as far as depended on them respectively, ;co-ontrate in giving effect to the amnesty provi ded for in the one, and the remission Of'forfeitures and penalties in the other. I With this view we transmit ted byexpress to the Clerk ot Bun combe county j court the h tier, a copy of which lis herewith enclosed marked E, and, also authentic&tt d copies of the convention and supple ment. These, ! we have no doubt, will be satisfactorily and favorably received in that county; but it may perhaps be adviscable, and we beg leave to recommend that your Ex cellency would be pleased, by Pro clamation, to reiterate the injunctions to live several Officers which the Commissioners have made by their above mentioned letter of the SOihof June, and also enjoin upon them h the citizens generally, a "strict obser vance of the stipulations which wej have entered into, whether positive J or recommendatory k Until the jenst of the Legislature shall be had: and known thereon' We -have now only to add, that as our proceedings have terminated to the joint satisfaction of the Commis sioner, we hope they will be favo rably received by the - People and Governments of both States ; anu that thoe collisions and irr.tatious which had become bo dangerous to the public tranquiiity wdl in future be effectually and complete ly prevented. - In all the mea sures which appeared to us neces sary to aisureHhijs great and desira able end we.foujid the Gentlemen who acted on the part of the State of Georgia ready to meet us with the same just, elevated and conciliatory views. ! We have l he honor to be . -Sir, ! ';'; Your Excellency's most Obedient servants, ' JOHN STEELE, JuHN MOoR,. JAi. WELLBORN. His Excellency NatL Alexander, V Governor of ' Kuhb Carolina. '- - ' - A. '"V-'r,.f - Articles of a Conventional Agreement between the . States of Georgia & N. Carolina. The Commissiopers on the part of the btates of Georgia and North Carolina having freely exchanged mcas on me suoject oi ineir mis sion, a Ad believing lhatevrry mea r sure' ought to be pursued which would bear the 'stamp of concilia 'tion and gWjd will, have agreed to u the following articles ; Article 1. It ii inutually agreed and admitted,- that the Territories of the said States of Georgia and!North-Carolina.'a far as they adjoin eactf other, areand ot ngat ought to be. separated and bounded by the thirty-Bfth degtee of North Latitude- and ;for the purpose of preventing in future alt manner of dissentions concern ing jurisdiction, the underwritten Com missionersViilproCeedjforthwith to ascer tain the said, thirty-fifth degree of North latitude, and to run anc mark the line ac cordingly ; h ch line, wheri ascertained and completed, wuh join coacurrtnee, shall forever after be regarded as the' line ,tof separation aail buarfttj ' betWea ihe trahsinittet; .mar ked B datedj near Dout hard's Gap, June 25th,1 i t07.' To which, after of Geargia do not -consider th,;,. competent to enter into any stL Wers' which would bind the Govern S rr'5 said State to confirm entries or land heretofore madeor obtained n2 Tor authority cf the State of r.v a, be. found to be within th But impressed .with the justice of a brobdrrfon cf theaiH ria;m .ecta;n cnhaeircumstaces which entitle thrff censideration. the said ComTr1;.. u to nnse arid agree to recommend then special manner to the liberality cf t'eiVr yernment,, not doubting but that the latore' tbereoF will bylaw provid- tZ confirmation and establishment of the tmeswAianner which wilt ff ComttKpd the estabtishment of an imn'i tng into and ascertaining the various i' scnpdons 'ofsuch claims, and of determi-" Ing ;oh each acchrding to their rcw-l' eritf, and is T-eason and equity rr.av quire ; which' "fribunafthe said 'CnL-! S oners Will also recornend to be compo by eaciV .S tite vb:uthey shall 'convene ard hold then- fneetings fn the State of Cfeora and their decisions shall be conclusive? ' 1, Art. 3- .There having been great il "s. sentions between the people resident in tl I neighbouring 'counties of Buncombe -h Vvaltonaild the said dissrhtions havin? Eroduced many riots, routs,anfrays, asaultf attfries, trespasses, woundings ard in-,! prisanments,as weil on the one side as or it! e other, and itbeirrg of primary imK5ftance that peace Sttranabty sh uld berestcred and all animosity and ill-will forever bi.rd between pieopie who, fom their local situ, ationsj will in all probability be cor.straired to continue in 'tne vicinity of each other and as the several outrages committed cu both sides proceeded more (as the ur.der. signed are impressed) from a mistaken zorJ to support the ' Government to which they thought themselves constitutionally bound than from a wish to injure theitr-eihbors' or disturb thepublic peace, the undersigned agree to recommend, in the most etur.cst manner to the Legislatures of their re spective States io pass laws of amnesty, ibrgiveness an ljobhvion for all such cfln cis (under the degree . 4" capital)' as may have been committed within the said conn , ties of Buncombe ard Walton respectively, subsequent to the lerth day of December in the year 1803, ard wh-ch shall have arisen from, and had relation to the dis putes which existed concerning the jar is. diction of the two States. Jii testimony tobereqf, these ankles n-cre.. signed and. scaled oy all the Commissi vttersy On the 1&;6 of Ju?i4. L. ARTICLES In addition and supplementary to the Con. vention agreed o between the Conians sioners of Georgia and N. CaroJina. The Commissioners of the Statesof Georgia and NiCal-olina havingdis. covered by repeated astronomical obseivatrons made On the1 Blue Ridge and elsewhere, that the 35:h degree of North Latitude is not ta be tound of) any part of the said Ridge of Mountains E-ast of tha line established by the General Government as the temporarv boundary between the white people and the Indians, and having no au thority to proceed over thatoun dary lor the purpose 'of ascertain ing the said 35th degree of North Latitude,and of running and mark ing the line accordingly :And being desirous that all causes of collision and irritation between the jurisdictions and people of ihe two States may be effectually and com pletely piveited, have agreed to the following Articles, in addition and supplementary to the Conven tion agreed to on the 18th day of the present month, viz. Article 1 The Commissioners ci Georgia, for and on the part of their Siaj acknowledge and admit, whicb ackv ledgement and admission are UmnutT the aforesaid astroncm?cal cbotrvatii. that the State of Georgia hath no claim -the soil or jurisdiction of any part of t: Territory 3N"orth or West cf the liicge c Mountains which divides the Eastern fmnp the Western Waters, cemmonly called thf Blue Uidge, and Kast or South of the pi sent .temporary boundary-line between th white people "and the Indians; And th;.: they 'will consequently reorr.merd to ii -Legislature of tie Stat of Georgia to r - peal, at theiir next cosUmg session, ihe a to establish the county of Walt ,n, aivl r abrogate and annul all executive, minis ' tia or other proceedings Top theorgaiii ; tton thereof. '.t-'-.' Art. 2. The Commissioners on the j the Statexf If orth -Carolina promibe ! agree to. recommend to their Oovcrutri and particularly to the Magistrates, riff, and other ofiicers, civil andmiiit- in the cou'nty of; Buncombe, toexecu.e tit laws concerning forfeitures -and penai- and if! eve?y other respect where the Star may be concerned under the degree of it ioiiy) upon and towards the people who have adhered to the State of Georgia in tie late dissentions concerning junsd ction W-j mildness and c'err.encjr ; and if the said ' ficers can do it consistently with their ob ligations of omcial duty, that they frbr tprnsthute suits and to uistrain or exer for forfeitures and penalties incurfe,' aforesaid, between t.etenth day of Dec .:- ber, in the year 1803,Vnd the date of f agreement, uutil the sense of the Leg tiie. shall be had and knowu thereon t in testimony -whereof, these adiitio " i tide were signed and sealed bye - - : Commissioners on the lit of 'ju' ' X: JUST PUBLlSHtD, By J. Gales, the Printer herec., In one large volume, price 5J REPORTS OF CASES, . dtcldedin ths Conference Court of N. Caryh By Duncan Cameron a v . -
The Weekly Raleigh Register (Raleigh, N.C.)
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July 23, 1807, edition 1
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