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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.