Page: [1]

To the honorable the President, and Members of the Senate, of the State of Georgia.
The Memorial of the South Carolina Yazoo Company.
Humbly sheweth,

That Your Memorialists did contract with the State of Georgia for the purchase of a certain Tract of Country lying on the Rivers Mississippi & Yazous particularly described in "an act for disposing of certain vacant Land or Territory within this State," passed at Augusta
21st. Decr. [December] 1789, on the Conditions of paying into the Treasury of the said State to the amount of 66, 964 Dollars, in "of keeping the said State free from all charges & Expences [Expenses] which might attend the preserving of peace with the neighbouring [neighboring] Tribes, & of extinguishing Indian & other claims under the Authority of this State."
That at the time the said Law was under Consideration by the Legislature, it was expressly understood & contracted for by a Committee of the same on the one part, and the members of the said Company on the other, on a Conference had between them, " that the Rattlesnake Money should not be offered by Your Memts [Memorialists] in payment for the said Territory, but that every other species of paper Credit of the State should be received for the same, to the amount of the said 66, 964 Dollars. "
That after the said Conference was so had, and the Terms of Contract so clearly & explicitly understood by the contracting Parties on each Side, the Law, then depending as a Bill, in the Legislature, was passed, & ratified as a Solemn Act of Government.
That on the passing of the said Law, a protest was entered into by the minority of one Branch of the Legislature, & recorded on the Journals of the same, and to which, as a Manifestation of the Sense & Intention of the House, Your Memts [Memorialists] beg leave to refer, whereby it was clearly & explicitly held forth to the World, " that the paper credits of the State of Georgia were to be received for the said Territory


Page: 2d
and that such was the Sense, not only of the Majority, but also of those very protesting members " of that Branch of the Legislature on passing the said Law.
That Your Memorialists, after the Ratification of the Law, in compliance with the Contract so Solemnly entered into by them, certified in due time to the Executive Department of this State, their Acceptance, & further Confirmation of the said Contract, & bound themselves to fulfill the same, agreeable to the Sense of the Legislature so declared & understood, and in pursuance thereof they proceeded to furnish themselves with paper Credits of the State of Georgia, issued by her for the Settlement of Specie demands against her, which are liquidated & adjusted, and which paper Credits are at present little Short of the original Specie Value for which they were issued, & are daily appreciating, and are now receivable at the Treasury of Georgia in payment for Lands in the highest State of Cultivation, sold as Confiscated, and as public property.
Your Memts [Memorialists] beg leave further to shew, in addition to all those Circumstances, that they have already paid above the Sum of £1000 in the paper Credits of this State, into the Treasury of the same, in part Execution of the said Contract, and which, as Such, has been received by the Treasurer from them, and that they are preparing to compleat [complete] the remaining Conditions, as far, & as expeditiously as the Nature of their Situation, & the very discouraging Obstacles they have repeatedly met with, will admit: -- Yet to the great Disappointment of your Memts [Memorialists] they find, that a payment for the remainder of the amount due from them, for the said Territory, will not be received at the Treasury in the paper -- Credits of this State, without the Sense of the different Branches of Government be, to that Effect, declared .
Your Memorialists therefore presume to present this their Memorial, for that Relief which they trust the fairness & Justice of their Case, and the Interest, Good faith & magnanimity of the Legislature of this State, will always afford them; and with due Deference at the same Time, they beg leave to offer some observations on the present Circumstances of this affair.


Page: 3

That the power of Congress has interfered with the Territorial rights of Georgia: -- This is evinced by their Act "for regulating Trade & Intercourse with the Indians," & by the late Treaty made at New York, in as much as that, the pre-emption of Indian rights is by both denied to this State, and the Senators of Georgia in vain made an effort to have the two first Articles of this Treaty explained, by inserting therein a Guarantee of the Territorial rights of Georgia. --
That the amount now offered by your Memts [Memorialists] & the other Companies for only a part of the vacant Territory of Georgia, [unclear text: 9 ] 36, 151 45/90 Dollars more than the State offered the whole Territory for Congress in the Year
1788 -- and which the said Companies will thus purchase under the disadvantage of various Obstacles & Disputes.
That the paper Credits of the State of Georgia are now of infinitely greater Value than when the Territory was first Contracted for by Your Memts [Memorialists] : That the policy of encouraging a Settlement of the vacant Territory of this State, is an object of the most interesting moment to the State: -- That no Injury can possibly arise to this State by receiving this payment in the paper Credits: -- Her faith was pledged for redemption of it, at the time it was issued: -- That the faith of the State is also pledged to receive her paper Credits by the Contract made by the Legislature with Your Memts [Memorialists] as aforesaid.
That it will be a saving of Interest to the State & a reduction of Taxes: -- That if the Expenditures by the State of Georgia for her frontier Defence [Defense], be denied to be assumed on the part of Congress, as it has been, by refusing the Certificates issued for defence [defense] of the State against the Indians, it is clear that the Western Territory, an immense part of the State of Georgia, will remain a Burthen [Burden] and a scourge to her; -- it will be left unpopulated, & defenceless [defenseless] ; -- a mere range & Nursery for a barbarous & powerful Enemy; the Right to it claim'd [claimed] by Congress, and the Defence of it left to Georgia.
Your Memorialists will here presume to draw an analogy on the Case in question, and to place the parties Concerned on the footing of Individuals : -- A. contracts with B.


Page: 4th
for a property, payable within a time limited, & for which B. agrees to receive his own Bonds & Notes ; -- A. accordingly procures the Bonds & Notes of B. & offers them in payment, within the prescribed period -- they are refused by B. --
Your Memorialists apprehend that the Faith of the State of Georgia is doubly pledged in their Case -- first, to receive the legal Evidences of Debts due by her in payment of a property so remote & incumbered, so fairly & honestly purchased; and, in the second place, to prevent the Burthen [Burden] of Taxation which must devolve upon the Citizens, for the future Redemption of the State Papers & endured by the Companies .
Your Memorialists therefore, for the various reasons before adduced, throw themselves on the Honor, Justice & Liberality of your Honble. [Honorable] House not doubting but that the Treasurer will be immediately authorised [authorized] to receive State Securities in payment of the remaining Sum due by the South Carolina Yazoo Company, to the State of Georgia; and they pray, if requisite, to be heard by Council on the Subject.

And Your Memorialists &ca &ca &ca [et cetera et cetera et cetera]
Axr: [Alexander] Moultrie for himself & as attorney to
[Signed] Wm. [William] Clay Snipes
[Signed] Isaac Huger
[Signed] Wm. [William] Moultrie [illegible text] associates of So. [South] Carolina.
Saml. [Samuel] Jack for him Self and his ass. [associates] of Georgia

12h. Decem [December] 1791





Page: [5]


1791

Memorial
So. Carola. [South Carolina] Yazoo Compy [Company]
To the Honble. [Honorable] Senate
of the State of Georgia

Referred to Mr. Stephens
Mr. Armstrong &
Mr. Fort -- .