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T’SSJFS-e-h.id Dein rfljch litiguionTuid
difference in profeflional opinion, in cases
founded on tobacco notes; and which had
been for years referred to the convention
of the judges. The question on this filb
ert has been met, difeuffed and adjudged. /
ft has been conlidered that the holders
have one of three remedies —to sue the
public bond, the jnfpeftor, or the own
er of the ware-house ; and that in either
case, mal-praftice in office, (that is, by
misfeafance, nonfeafance, or malfeafance,)-"
ought to be alledged as the gift of the ac
tion ; and that, where it is nor, the case
mud go out of court, and the plaintiff at
liberty to begin de novo. Whilst this
decision may be liable to the complaint of
delay, the utility of fettling the dodlrine
and the practice is of superior confidcra
tion ; and in doing which judge Carnes
and myfelf have conftilted and agreed.
Some difficulties, at Icaft some doubts
out of court, have presented themselves
refpefttng that part of the judiciary aft of
1799 upon thefuhjeft of new trials; and
it has been considered and adjudged, that
cases originating under the conilitution
preceding the present, were, and are 10*"
be tried under the former, and the aft made
to carry it into effeft ; and that, although
u trial may have been had ftnee the pall
ing of the last conftiturion, and the ad of
J 799, and notice and motion for new tri
al, it cannot be sustained and granted, the
ad not admitting of being construed to
have retrofpedive force. Notices and
motions, therefore, upon this ground,
have been di(charged. And in general,
all cases originating under ads antecedent
to that of 1799 are tobefinilhed accord
ingly.
The pradice also, with refped to claims
for dower, had been unsettled, and in
deed such claims unfrequent, under our
present iorm of government. Some cases,
however, have occurred ; and 1 have rul
ed and dtreded that proceedings (hall be
had by petition, as in cases foi partition
between heirs of real eftatc. Where the
heirs are minors, those of fufficient age
tochufe, and those under to have guar
dians aftigned them ; and the representa
tives of the ancestor to have the ulual no
nee of twenty days of the intention of
fuih application. Whereupon writ of
partition may iflue and be carried into
effect as directed by the statute in that
regard.
The business of the courts generally ac
cumulating, the custom of observing the •
fieft day of a term as merely preparatory,
has been set a fide; and it has been ruled
that cases called on the firft day (hall be
disposed of as on other days.
It having been necessary to mention the
business of the courts, I will make it the
occasion of faying, that the arrangement
of the circuits is unsuitably made, is in
convenient and unwieldy. Nothing can
more clearly demonstrate the truth of this
declaration, than the fad of the Eastern
Diftrid being at the present moment with
( out a Judge; whilst its business is most
' v important, and multiplied. This isow
ing to the extent of the circuit, the in
convenience of its arrangement, and the
smallness of the salary of the judges; by
which no man of profeflional talents, and
of reputation, can be induced to undertake
it. How long (hall a policy, parlimoni
ous and unwise, choak the fountain of a
pure and flowing justice ? Ye legislators !
with a just economy unite the wifdora of
experience.
Gentlemen of the Grand fury%
A word now as regards the state of your
county police. Do you not negled to
keep your roads and bridges in good and
fufficient repair ? It is too well known
that you dp ; and it proves that the inte
rior court is unmindful of the obligations
Jmpofed on it by the laws ; and by it
niuch inconvenience, in the communicati
ons through the county, is fuffered. A
wore pointed attention (hould be recon\-
mended to that jurifdiftion.
Have the vile and scandalous practices
°f horse-stealing, of cattlc-ftealing, of
hog.ftealing, and other petit larcenies,
ceaied in the county ? 1 am fearful, that,
hom reports, they have not, Against the
Perpetrators of them, all good men (hould
set their faces; and put them to (hame.
I fay so, if any such are now to
heaccufed, let us not entertain prejudices
against them beforehand; but yield to
them a fair and upright trial. Should
‘•onviftion be the rcfult, puniftiment and
“'[grace will follow; and the example
w iil operate to deter in future.
Aflaults and batteries have also been too
toinmon; and their frequency mull be
Prevented by the severity of fine j and I
this hint will he taken as a warning
t 0 those who are wont to offend in this
Way.
A novel and grievous evil bus to
ftaw.itfilf as wclLva cdShty as it
has in moll others of the dillrift; and that
is, a new species of swindling and impo-
Iture, by means of a traffic in negroes and
people of colour from the middle and
I northern dates. Although a statute has
been purposely made to counteract this
practice, it has been violated in the molt
open and Ihamelefs manner ; and it is not
only said, but underload to be true, that
itjsnot unfrequent for persons from thole
dates to bring such persons into this date,
and to dispose of them under the moll spe
cious aflliranccs of their worth and value;
whild at the moment of doing so, they
were under a previous contract and ar
rangement with such persons todefert their
new mailers, and re-join their former,
real or pretended, for the purpose of new
impofitton, clfcwhere. This nefarious
proceeding operates a four-lold injury to
this date. It affords the bad example of
the laws being violated with impunity.
It furnifhes the more pernicious example
of a difohedient, corrupting and uncon.
trouled demeanor among the blacks. It
propagates the principles of artifice, de
ceipt and swindling. And it carries the
Ipecie out of the country, without leaving
an equivalent. The authority of the
law is imperiously called upon to exert
itfelf; and Ihould the effort prove inade.
quate, the legislature mult again and more
dccifively interpose.
Jack/onborough t Sept. 20, 1802.
The Grand Jury brought in their Pre
sentments, as follows ;
WE the Grand Inqued of Scriven coun.
ty, at September Term, 1802, present
on our oaths ;
id. We present as a grievance that the
roads and bridges through our county are,
and have been, too much negleded.
2d. We present as a grievance the ma
ny dram (hops and tippling houses, for
allowing the detedable practice of card
playing, and other gambling, to the great
corruption of the youths and rising gene
ration, especially on Sabbath days retail
ing spirituous liquors and other goods,
Wc return his honor Judge Walton our
dneere thanks, as well for his excellent
charge as attention to the business of the
county, and recommend that the said
charge, together with out preferments,
be publilhcd in one of theftate gazettes.
WILLIAM SKINNER, Fore man f
Abraham Hunter, Win. Booth,
, -JUswis Moutry, Nathl. Lunday,
DameTßlackburn, Wm. Arnet,
Wra. Young, Cotton Rawls,
Stephen Mills, Robt. Donnolfon,
JohnLanear, L. P. Difablueax,
Solomon Gross, John Conyers,
John Reivs, R.obert Warren,
Geo. Williamson, James Roberts,
M. Hurd,
tVhereupon it is That fird
be referred to the inferior court, the se
cond to the solicitor-general ; and the
whole, together with the charge, be pub
lished.
Extract from the minutes of Scriven
Superior Court, Sept. Term y 1802,
JAMES CASWELL, Clerk.
NEW-YORK, September
We have received our regular files of
London and Liverpool papers by the Ihip
Atlantic and Britilh Packet: but they
reach only to the 13th of July, and contain
no news which has not been anticipated
via Bolton. The refpeftable house in Li
verpool, by whom the annexed Prices
Current are forwarded, inform that the
countervailing duty in American vessels
is expefted to be immediately taken off.
The duties on American Ihips, and goods
imported therein, will then be the fame
as in Britilh bottoms. At present, the
duty is is. 6d, derling per cwt. in favor
of the latter.
Prices Current at Liverpool , July 13.
Cotton, Georgia common 12 to iq.d. lb.
—Sea llland 2s. 3d. to 2s. 6d|. in de
mand.
Rice. 34 to 365. cwt.
Deer (kins in hair, is. to is. 6d. heavy
Ikins faleable.
Tobacco, Carolina and Georgia r to 3[d.
Beeswax, 10 to 121. cwt. fcarceandin
demand.
September to.
The following very extraordinary para
graph is found in the New-York Gazette
of this morning. If true, it is in the
highest degree alarming; But we think
the name of the informant ought to have
been given. We hand it to our readers
as it is, without other comment than to
fay, that if murders and robberies, and
every species of crime, are not perpetrat
ed upon us, it ought to excite unaffected
surprise. A number of the molt dreadful,
del'perate, and bloody minded wretches
ere daily and rightly difgorgcd upon our
4
Onffa ffdift Ute FreftcK frigates, and'-do
man can pretend to foretel the extent or
the progress ot the mifchief that awaits us.
Already may we predirt, that a constant
additional watch will be found necessary
the ensuing winter, to preserve our houses
from conflagration, our dwellings from
burglary, and every species of property
from being plundered. We have here to
mention a dangerous and fhameful facies
ot traffic which is going on daily between
the Long iiland people and the frigates,
in the purchase of their negroes for final!
sums of money. Cannot this be flopped ?
One queflion must occur to every citizen
•—for what purpfe were these cargoes of
negroes brought here ?
- Evening Pnjl.
We saw a man yesterday from Jerfcv,
who informed us, that on Tuefday last,
tour halt naked negroes, supposed to have
runaway from the French (hips in our
port, fell in with a Mr. Jerolman, near
Hclville, on horseback. They dismount
ed Mr. Jerolman, two of the negroes
mounted the horse, and the other two
guarded Mr. f. In this situation they
were met by a gentleman, who shortly
after gave tins information to the neigh
boring tanners. The blacks were pur
sued, taken, and put in prison ; but they
had previously murdered Mr. Jerolman,
and killed the horse, and left them dead
on the road, in a thicket of woods.
PHILADELPHIA, Sept. 11.
We are sorry to learn, that the fever
in Wilmington, (Del.) is daily becoming
more alarmnig,
Thursday left this city, a detachment
ot Marines, under the command of Lieut.
John Howard, for the city of Wafliington,
to join the frigate John Adams, deltmed,
in a few days, for the Mediterranean.
This day arrived at New-York, the
(hip Juno, 43 days from Liverpool. Her
Englilh dates mult be down to the dole
of July. Os their contents we are unin
formed.
By advices from Madeira, received by
the Charlotte, Murdoch, arrived at New.
York, it appears that no apprehensions
were enterr,lined of any Bidden danger of
hoflili ics between the United States and
the Emperor of Morocco, as two Ameri
can veiiels were clearing from thence for
Magador,
NORFOLK, September 7.
ExtraSl of a letter from St. Bartholo
mew s % to a gentleman in this town, dat
ed the 14 th Auguji.
“ My lail letter of 30th July, and for
warded via Philadelphia, contained a pro
clamation refperting the future manage,
meat of the negroes at Guadaloupe ; since
which, another proclamation has been
publiflied, which rejiores to the emigrants
their property. The owners of the lands
farmed out by the government are to look
to the tenants for the receipt of the rents.
The property taken pofleffion of by the
government, is also to be restored to the
former owners.
** By one of the articles it is declared,
the French now know no Emigrants. It
is experted the fame will be done in all
the French Weft-Indies.
“ Gen. Lactofle has been reinflated in
his appointment of captain general of
Guadaloupe; the dignity of the French
government rendered this art neceflary,
otherwise wc (hould have been fubjert to
perpetual confufion.
** On the general’s landing at Baflaterre
there was a general illumination for three
nights fuccdftvely. We understand that
it is left with the captain-general to de
termine on the deportation of those whom
it is deemed neceflary to fend off the i
sland.”
PETERSBURG, September 17.
Count Markow, the Ruffian ambassa
dor, having observed, in one of the con.
fcrences refperting the indemnities, that all
Europe would rind fault, if Piedmont
were left at the disposal of the French,
Buonaparte is said to have replied, “ Then
let Europe take it again.”
We are informed by a gentleman from
. Newbern, North-Carolina, that a dud
was fought a short diflance from that
town, on Sunday evening, the sth infl.
between Richard Dobbs Spaight, Esq.
formerly governor of N. Carolina, and
John Stanley, Esq. senator for the diftrirt
of Newbern. After exchanging three
fires each, without effort—at the fourth
fire, R. O. Spaight received a ball dirert
ly under his right arm-pit, which put a
period to his exiflencc four hours after
wards. The cause of this unhappy affair,
proceeded from a dtfpute of a political
nature.
CHARLESTON, September 17.
Dr. Gordon has announced the difeo
very of the art of making flour from a
certain substance which abounds in Eng
land, by which flour may be afforded at
one fourth of the price of the wheaten.
■U'hfch rr U equally, r.tfTfltiotiis.’arJ *
palatable, and will keep its quality ma ■,
ny years. London Paper.
£xtraS of a letter from a gentleman iff
L gan County, Kentucky, to Lis friend''
at the Sweet Springs, dated fuly,
lBoi.
“ A half flcull very remarkable
for size, has been found in finking one of
capt. Berry’s fait wells deeper fmee you
left this place. It weighs j<j.6lbs, the
eye hole so large that a common fixed man.
can creep through it j the bone found and
entire round the eye hole, not decayed as
it is in other parts j his nostril is very
large, and the cavity for the brains not
larger than a pint bowl, so that the moo
(Irons head could never contain more than
one quart of brains. Some of the double
teeth being found, weighed fix pound 1 :
each.”
BIOGRAPHY OF WASHINGTON.
We are informed that Mr. C. P-
Wayne, late proprietor of this Gazette,
has purchased of the Hon. Bufhrod Wa(h
ington, the ot the Hiftory of
the late GENERAL WASHINGTON,
which is now writing, and that propofala
for publilhing it by lubfeription, will bo
prcfcnced to the public on Mr. Wayne's
return from New-York, where he is at
prefenf.
Wc congratulate the citizens of the
United States upon the profpeft of being
furnilhed with an authentic hiitory of their
illultrious chief, compiled by one of the
ablelt men in the union, from the origi
nal documents left by the general himfelf.
United States Gazette -
AUGUSTA, Sept. 25.
Mr. Smith,
I observe among the names of thofis
gentlemen who are announced in yourpaper
as candidates for a feat in Congrcfs, the
name of Ma» rhew M‘Allifier. It is to bn
lamented that this gentleman has not been
in public life, a fufficicnt length of time,
to be generally known, if this had been,
any eulogium on my parr would have been
unnecellary, for to he generally beloved
and univorfally- refueled he has but to he
known. He is rtfpccdfully recommended,
to the independent voters of this (late, and
when weighed in the balance he will not
be found wanting, in all that is praise
worthy, in all that is politically, correft.
A CITIZEN.
MARRIED, at Louisville, on the
tjth of Augud, Mr. James Helv, of
the firm of Day & Hely, to Mlfs Bar
bara Day.
DIED, on Tacfiay morning lad, by %
fall from a horse, in going to her father’s,
Mrs. Sally Wooo, wife of Jere
miah Wood.
, On Tucfday evening lad, Mis,
Polly Ware, wife of Nicholas Ware,
Elq. of this city,
-- - —— ■ ■ ......
NOTICE.
The copartncrfhip of John
& Robert Morrow being diflblveil
this day by mutual confcnt, all persona
indebted to their concern arc requeued
to come forward and make payment to
Robert Morrow , at hi* Store-House in
Li (bin, before the 2 fth day of Oflober
1802; in case of failure they may ex
peft to find their account* lodged in’the.
hands of an attorney for collection.
lOHN MORROW.
ROBt. MORROW. /
Lijbon, Sebt, 18. ~IL
WILL BE SOLD~
On Saturday the 6 th of November next .»
at the Jubfcriber’s fore in Wilkes court*
tv 1
All the balance of the eftatc
of Frankcy Atkins, deceafcd, confiding
of a likely negro woman, a valuable ftiU,
»05’o weight of feed cotton, s quantity
of brandy, and sundry other articles tot*
tedious to mention. Twelve month*
credit will be given, and notes and good
security required.
JOHN HENDRICK, Bx 7 r.
September 13.
NOTICE.
All persons indebted to the
efiate ot Ele#zer Brack, deceafcd, air
requdled to make speedy 1 payment; ami
those that have any demands agaii U tbr.
ellate will please render in their ac
counts properly proven, as I wi(h so
make Ijpcedv fijftlenjent. X
ROBERT ALLEN, £.xV;
September xB,
J.