The Enquirer

THE YAZOO PAPERS.

[Continued.]

No.1.

IN THE HOUSE OF REPRESENTATIVES.

Friday, 5th January, 1795.

The bill to be entitled, an act supplementary to an act for appropriating a part of the unlocated territory of this state for the payment of the late state troops, and for other purposes therein mentioned, declaring the right of this state to the unappropriated territory thereof, for the protection and support of the frontiers of this state, and for other purposes, was read the third time, and several amendments made thereto.

On motion of Mr. Moubray,

Resolved, That the bill as amended do pass, and that the title of the bill be an act, supplementary to an act entitled an act, for appropriating a part of the unlocated territory of this state, for the payment of the late state troops, and other purposes therein mentioned, and declaring the right of this state to the unappropriated territory thereof, for the protection and support of the frontiers of this state, and for other purposes.

On the question put thereupon, the yeas and nays being required, are as follows:

Yeas--Messrs. Carnes, Gindrat, Gresham, Gilbert, S. Heard, Hardin, T. Heard, Howell, King, Longstreet, Moubray, Musgrove, Moore, McIntosh, Raburn, Watkins, Wilkinson, Wortham, and Walker. 19.

Nays--Messrs. Gibbons, J. Jones, G. Jones, I. Jones, Lanier, Lewis, M'Neil, Mitchell and Shepherd. 9.

Ordered, that the clerk do carry the same to the senate, and desire their concurrence."

I certify that the foregoing is truly taken from the journal of the house of representatives.

JAMES BOZEMAN,

for HINES HOLT,

Clk. House of Representatives.

Louisville, 20th January, 1803.

IN SENATE.

Saturday, 3d January, 1795.

The bill to be entitled, an act supplementary to an act entitled an act for appropriating a part of the unlocated territory of this state for the payment of the late state troops, and for other purposes therein mentioned, declaring the right of this state to the unappropriated territory thereof, for the protection and support of the frontiers of this state, and for other purposes, was taken up and read a second time.

The senate then proceeded to a third reading of the bill and

On question shall the bill pass under the title above? The yeas and nays being required, are as follows

Mr. King, Mr. Wright, Mr. Oneal, Mr. Wylie, Mr. Walton, Mr. Hampton, Mr. Cawthorn, Mr. Gresham, Mr. Thomas, Mr. Mann.--Yeas 10.

Mr. Milledge, Mr. Lanier, Mr. Morrison, Mr. Irwin, Mr. Blackburn, Mr. Pope, Mr. Mitchell, Mr. Wood.--Nays 8.

So it passed in the affirmative.

I certify that the aforegoing is truly taken from the journal of senate.

WILL. ROBERTSON,

Sec'ry of Senate.

Louisville, 20th January, 1803.

(F.)

GEORGIA.

By his honor, Daniel Emanuel, president of the senate, and commander in chief of the army and navy of this state, and of the militia thereof.

To all to whom these presents shall come,

GREETING:

Know ye, That George R. Clayton, esquire, who certifies the annexed extract from the journals of the house of representatives of this state, is duly authorized to act for Hines Holt, esquire, clerk thereof.

Therefore all due faith, credit, and authority, are and ought to be had and given to his attestation and certificate as such.

In testimony whereof, I have hereunto set my hand, and caused the great seal of this state to be put and affixed, at the state house, in Louisville, the twenty-fifth day of August, in the year of our Lord, eighteen hundred and one, and in the twenty-sixth year of the independence of the United States of America.

By the president and commander in chief

HOR. MARBURY,

Sec'y of state.

GEORGIA.

HOUSE OF REPRESENTATIVES.

Monday, 25th January, 1796.

Mr. James Jackson, from the committee to whom the constitutionality and validity of the act for the disposal of the western lands, together with the petitions and remonstrances of the people were referred, brought in a report, which being delivered in at the clerk's table, was read, and agreed to by the house, and is as follows:

The committee to whom the constitutionality and validity of the act for the disposal of the western lands, together with the petitions and remonstrances of the people were referred, report five other affidavits on the corruptions practised to obtain the act, and submit the propriety of entering the proofs already laid before the house, and those which may be laid before them, on the journals of the house, in order to perpetuate such testimony, and for that purpose recommend the following resolution.

Resolved, That all such proofs relating to the fraud and corruptions practised to obtain the act for the disposal of the western territory of this state, be entered by the clerk on the journals of the house, in order that the testimony so given may be perpetuated, as well by the investigation of the legislature, and to show the grounds on which, they proceeded, as to hand down to future legislatures the base means by which the rights of the people were attempted to be bartered.

Agreeably to the foregoing report and resolve, the affidavits taken before the committee and exhibited to the house, being read, are as follows.

Burke county.

GEORGIA,

16th January, 1796.

RUSSELL JONES, Senator from the county of Franklin, being duly sworn, maketh oath, that some time in the last summer, Thomas Raburn, Esq. a representative from the said county, in the last legislature, was at his house, when James Call and several others were also present, and talking together on the subject of the sale of the western territory of this state, the said Call told Raburn that he did not blame him for selling the land, but for selling his vote so much lower than what other members did, that he, Raburn, had sold his vote for 600 dollars, and that others had got a thousand Raburn replied, that it showed that he was easily satisfied, and was not greedy,

(Signed)

RUSSELL JONES.

Sworn in presence of the Committee of the House of Representatives, before me,

THOMAS LEWIS, J.P.

STATE OF GEORGIA,

Burke County.

Before Thomas Lewis, Esquire, one of the justices of the peace for the county aforesaid, personally appeared Clement Lanier, Esquire, one of the representatives of the legislature of this state, who being sworn on the holy evangelists of almighty God, deposeth and saith, that during the last session of the legislature at Augusta, in the winter of the year 1794, he being a member of the house of representatives, and being on the same seat with Henry Gindrat, another of the members of that house, before the speaker took the chair, the said Gindrat recommended to him to be in favor of selling the western lands, for that he the said Gindrat understood it worth our notice, for Mr. Thos. Wylly, a senator from Effingham county, had told said Gindrat that he the said Wylly could have eight or ten likely negroes for his vote--and the deponent further saith that on the same day in the afternoon, the said Thos. Wylly came into the lobby of the house, he beckoned to the deponent, who followed him out, when a conversation commenced about the Yazoo act; that at this time a Mr. Denison came by and asked what we were upon; the said Wylly answered the land business---the said Denison then came up and Wylly withdrew: the said Denison then told the deponent that he did not pretend to advise any member to be in favour of selling the land, but those who were in favour of it were handsomely provided for, and that if the deponent thought proper to be in favor of selling, that he should have part, and that the said Denison said he was a purchaser of such of the members' parts as had a mind to sell. but understood that some other members pretended to ask eight or ten negroes for a share, or their share. he said he could not give so much but the deponent might depend he would purchase : the deponent further saith that previous to any of the before recited circumstances, Mr. William Longstreet, one of the members of the said legislature, frequently called on the deponent and asked him why he was not in favour of selling the western lands, who answered he did not think it right to sell to companies of speculators; the deponent at this time wishing to make further discovery of the conduct of the members on that sale, and therefore affected to be inclined to come into the measure, and by that means kept up a conversation about it occasionally: that on the day the bill received its first reading, before the house was convened, the said Longstreet spoke to the deponent, to get his approbation to the sale ; the deponent asked him to show him what security the members had of the purchasers, when the said Longstreet presented a certificate entitling the bearer to two shares of twenty-five thousand acres each, signed by Nathaniel Pendleton, chairman; he the deponent then told the said Longstreet, that that was not what he had formerly told him was a member's share, for that the said Longstreet had before said a member's share was seventy-five thousand acres, that the said Longstreet then told the deponent if he would wait a few minutes or an hour, he would bring him another certificate from Gunn's company for the same number of acres; that the deponent in order to disengage himself from the conversation, then said the security was not sufficient to entitle him to the land. That the said Longstreet then told the deponent, if he was not satisfied with the certificate, he would give him one thousand dollars for it or for them ; the deponent then presented the certificate to the said Longstreet, and went into the house, which was the last interview he had on the subject The deponent further saith that the shares offered him as aforesaid, were expressly designed to induce him, the deponent, to vote for the bill for disposing of the western territory.

(Signed)

CLEM. LANIER.

Sworn to, as aforesaid.

PETER L. VAN ALLEN, being duly sworn faith, that on or about the 12th or 15th of January, 1795, he was in company with Mr. Gindrat, who, the deponent understood was a member of the legislature then lately adjourned, that in consequence of the advice of R. P. Sanders, esquire, another member of the same legislature, who advised the deponent to purchase some of the western lands which the said legislature had sold and in the purchase of which, the deponent understood the said R. P. Sanders, esquire, was interested, and from the information of the said R. P. Sanders, esquire, that they would purchase and to best of the deponents recollection, two shares in Glascock's company, for one thousand dollars : that the said Gindrat told the deponent, in a conversation on that subject, that he should have his, said Gindrat's shares for that sum, provided the money was paid by a certain time ; that in consequence the deponent went to exchange some Governor's warrants for money, and when he returned Gindrat refused to let him have them, having as the deponent understood and believed, met with a better market. The deponent further saith, that he believes, and then understood that a certain quantity was allotted to each member in the majority, who were not to pay any money therefor in advance, and were particularly indulged, until the whole of the purchase money was payable at the treasury, in consequence of their vote and support of the law for selling the land.

The deponent further saith, that Roger P. Sanders, esquire, told the deponent that he had made a contract with Lachlan M'Intosh, esquire, who was as the deponent understood, a member of the same general assembly, for all the shares the said M'Intosh held in the different companies, for which he had contracted to give him eight negroes, 50 barrels of rice, and a certain sum of money, which the deponent does not recollect ; that this contract was made before the first bill was negatived by the governor, but that a reservation being made in the second bill, in favor of the citizens and the state would deduct considerably from the quantity of land in each share. he the said R. P. Sanders objected to giving so much ; the said M'Intosh, however, urged the completing of the contract ; the said R. P. Sanders further told the deponent that the contract was broken off by reason of that deduction. The deponent further saith, that he was present in company with Lachlan M'Intosh, esquire, and others, when some one of the company, he thinks Mr. M'Intosh himself, said that he, the said M'Intosh, held six shares in the Georgia Mississippi company, which he offered at three hundred dollars premium each, and on the same day the deponent understood, that he did sell them for a premium of two hundred and fifty dollars each, to one of the grantees of that company.

(Signed)

PETER L. VAN ALLEN.

Sworn to, as aforesaid.

JAMES MERIWETHER, Esq. being first sworn, before Thomas Lewis, Esq. in presence of the committee of the house of representatives, was asked the following questions.

1st. Were you not, or are you not now treasurer to one of the companies which purchased the territory, claimed under the act of the last legislature for disposing of the same, passed on the 7th January, 1795, entitled, "An act, supplementary, &c."

2d. Who were associates in that company ?

3d. Do, or do you not know where the list of the associates are kept?

4th. Are you, or are you not acquainted with the means by which the said act was obtained?

5th. Do you, or do you not know that some one or more of the members of the legislature were holders of shares, directly or indirectly in the purchase ?

6th. Did, or did not some one or more of the members of the legislature, pay unto you as treasurer monies in payment of the purchase, and who and which of them?

7th. Who was the treasurer previous to yourself?

8th. Has the Georgia company paid up the whole of the purchase money?

9th. At what time was it paid ?

10th. Who are the treasurers of the other companies?

Answers of James Meriwether to the questions of the committee.

1st Question. Answer--I was treasurer to the Georgia Mississippi company, and received 70 per annum for that duty, and resigned on coming to this place.

2d I do not know who they were; the accounts were opened not in the names of the persons, but by the number of certificates; when I received money I receipted by the number of the certificate.

3d. I do not.

4th. I am not. I am interested as a purchaser in that company.

5th, I do not

6th. I never received any money from any member of the legislature, as I recollect, but I am pretty certain I did not.

7th. Mr. James Jackson.

8th. They have.

9th. About the last of August, he thinks.

I CERTIFY, that the foregoing were the answers of James Meriwether to the questions of the committee, set down in the half sheet hereunto annexed, the said James Meriwether being first sworn before me in the presence of the committee.

(Signed)

THOS. LEWIS, J. P.

Questions asked PHILIP CLAYTON, Esquire.

Quest. 1. Were you intimately acquainted with Roberts Thomas, Esquire, deceased, one of the Senate of the state of Georgia, during the last session of the legislature at Augusta, and did he live in your house during that session?

2d. Had you or had you not conversation with him on the subject of the sale of the western territory of this State, whilst that subject was in agitation, or before or after that time?

3d. Did he or did he not tell you or give you to understand that he held a share or shares in some one or more of the companies who purchased the lands, and did he or did he not make known to you that such share or shares were given to him by the company or companies without being liable to pay any money therefor, and that his certificate differed from those given to persons out of the legislature in that respect?

4th. Are you or are you not acquainted with some one or more of the grantees of the said companies and have you or have you not heard some one or more of them say that the said Roberts Thomas did receive a gratuitous certificate for a share or shares in the purchase, and that he would not be content with one in the usual form?

5th. Have you or have you not heard the said Roberts Thomas say, that he received any sum or sums of money from any of the companies, or any individual of those companies, either in consideration of his share or shares, or otherwise, for being in favor of the sale of the land, or have you or have you not heard any member of either of the said companies declare, that the said Roberts Thomas did receive any sum or sums of money for, or on account of such shares or otherwise, from any of the members of the said companies, for that consideration.

6th. From every circumstance which has come to your knowledge, do you or do you not know or believe that the said Roberts Thomas, or any of the members of the last legislature, were absolutely interested in the purchase of the western lands, or did receive money or other thing to induce them or him to vote for the sale thereof.

7th. Did you or did you not understand from the question you put to Roberts Thomas, when he brought you the money, and the manner in which he answered it, that he had received the money for his vote in the legislature, or being in favor of the sale of the land?

8th. Do you or do you not know the associates of the respective companies?

Quest. 1.--Answer. " I was intimately acquainted with Mr. Thomas ; he did live in my house during that session.

2d." He had before, at, and after the passing the act.

3d. After the passing of the act he brought a considerable sum of money to my house, and asked me to take care of it ; I believe it was two thousand dollars---on which I asked him how he got it, or if he got it for his proportion of the land, or words to that effect; he said, it is nothing to you, take care of it, and smiled.

4th. I am acquainted with the grantees of the companies, I never heard it from any of them

5th. I did not, but had my opinion.

6th. I do not know, but suppose they were, from general suppositions.

7th. I did suppose, from a knowledge of Mr. Thomas's circumstances that he could not have got that sum of money unless it had been in that way, either directly or indirectly.

8th. I do not. Mr. Longstreet executed a renunciation of dower of lands belonging to the Georgia company, in favor of Mr. Maher.

(Signed)

PHI. CLAYTON.

Sworn to, as aforesaid.

JAMES TERRELL, Esq. being duly sworn, saith,

Thomas Raburn, esquire, one of the members of the last legislature, said in presence of this deponent some small time after the rising of the general assembly, that he, the said Raburn, had purchased a part of the western lands, during that session and whilst he was a member of the house of representatives, and that he had sold it again.

(Signed)

JAS. TERRELL.

Sworn to, as aforesaid.

(To be continued.)