% v APPENDIX.

N°. I.

The Boundary and Territorial Right

OF THE

>tate of examined

IN attempting to define the limits and deduce the territorial right of the State, in conformity to our engagement with the public, we have to regret that docu- ments more definite and Satisfactory are not, at prefent, to be had. In our re- searches we have been not a little difappointed in difcovering that fcarcely an origi-

nal paper, which can throw light on this fubject, is to be found among the records of the State. Nothing however, in our power, has been omitted, in collecting evi- dence, and endeavouring to exhibit a candid and impartial view of thofe important and litigated points, which, with due deference, we fubmit to the examination and confederation of the public. Befides being a frontier State, Subject to the vicifitudes and various fortune of fuch an expofed Situation, it has been the unhappy lot of Georgia to be embroiled on the Subject either of boundary or territorial right from the moment of her existence. Thefe differences commenced with our filler , now State of South-Carolina, and extended to the mother country, were Succeeded by a mifunderftanding with the court oS Spain, a renewal oS differences with South-Carolina, and now the claim of the . In the midft of thefe, not to mention the embaraffments of our own government, the fanguinary and destructive warfare, in which we have too of- ten been involved with Indian tribes, on the fame Subject, has by no means been the leaft: And, unfortunately for the prefent inhabitants, they appear to be, not without juft caufe of apprehenfion that a happy termination may yet be protracted to a diftant period. Whether thefe calamities have refulted from accident, want of information, or defign in the ruling powers, or their agents indefignating the original demarkation of limits would, perhaps, be as difficult to afcertain at this day, as the difcovery would be unavailing. They have no doubt all in turn contributed. To endeavour to arreft the evil by removing the caufe has now become the duty of every friend to the peace, happinefs and proSperity of this country. —Deeply impreffed with this important truth, 4 X we

•* i4 APPENDIX. 7

we have been prompted no lefs by inclination than duty to render our mite towards the accomplifhment of fo defirable an object. With regard to the claim of the United States. Living under a mild and equal

government of our own choice, by which the rights of all are effectually fecured, this State has, in our opinion, nothing to fear from tyranny or injuftice. To maintain

our rights, it is neceflary that we fhould underftand them : When known and affert- ed they will, no doubt, be duly refpected.

In this examination, it is with pleafure, we acknowledge ourfelves to have been great- ly aided by the abilities and refearches of Mr. Attorney General Lee, Meffrs. Harper, Morfe and Chalmers. Believing that their valuable labors were intended for the ad- vancement of public information, we have taken the liberty to infert many of their obfervations literally, and comment freely on fuch parts as appear to us to be excep-

tionable. The better to inveftigate this fubject, it feems to be neceflary to carry back

our attention, as Mr. Harper obferves, to the fir ft difcovery of North America, and take a view of the various public acts by which the rights of foil and jurifdiction, to

that part of it where the lands in queftion lie, have been affected from that period

to the prefent time. Such other tranfactions as it may be neceflary to recur to in other parts of the inveftigation, though they have no immediate relation to this point, will, for the fake of perfpicuity, be noticed in the order in which they occurred.

It was a principle admitted by all European nations, in the eftablifhment and regula