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Judge Walton's Charge the Grand
Jury i<f IVaJhmgton county*
Gentlemen oj the Grand Jury ,
NOT being advised of any particular
Crimcs'of recent commission in your coun
ty, 1 have nothing of a judicial nature to
give you in charge at the present feflions,
■' The present circuit drawing towards a
close, and having already rode through the
principal roads of thedittricl, 1 could not
fail to notice the extreme want of repair,
and by ir, the very bad condition of the
public highways ,nd bridges ; and I have
conflicted, th;jt 1 could not do better
than by making them a fubjcCl of a short
address to this grand jury, and by so do
ing, bring it belorc the view of the public.
By the civil law, and in the estimation
of the mod able juritts, the degree of ci
vilization in a date is judged of by the
extent of improvement in which its pub
lic roads are found. Should w'e be judged
of by this rule,, we (houldbe found aimed
within the lavage (late; and although the
f.icl is, that we are elevated far beyond
luch a degraded condition, the truth mud
nt the fame tiine be admitted; and that
is, that our police, in regard to public
roads, is almolt wholly deticient, and un
suited to its oh jell.
The ancient Romans, who were a na
t‘ n of (latcfmen and warriors, and ma-,
rt :‘s of the civilized world, conilruacd
th ir roads by the labor of part of their
forces; by* means of which their commu
nications were cafy and rapid, from one
c.aremity of the empire to the other;
air wr.fc (heir transportations to and from
the great market in the centre. Their
police as to other objefls was equally
wife; and by them her wealth and pow
er rofc to a pitch of grandeur, unequalled
in the hiilory of ancient or modern times.
The remains of thofc durable roads, and
ilupendous causeways, are seen and ad
ibired in the present age ; firm and conso
lidated, after refilling the dellroying ef
ffcts of eighteen, and even twenty centu
ries.
From this great example, and from the
knowledge that all our endeavors iince the
revolution, to get our roads in tolerable
repair, have proved ineffectual, I have
long since been inclined to believe, that
it would be a wife, effeflual and saving
policy in the legillaturc, to enlill and of
ficer a (mail body of men, in the nature
of pioniers, and to pay and subsist them,
fpr the express and only purpofc of work
ing upon the high-roads, causeways and
bridges.
If legislators do not think as I do, 1
fay farther, that, inftcad of the present
ineffectual police in this regard, it would
be better to levy a tax in the refpeCitve
counties, and let the doing of roads,
tcaufeways and bridges, as occasion might
require, to the lowed bidder.
In point of private convenience, and
individual burthen, either of these modes
would be greater and lighter than the
performance of the duty at present re
quired by law, were it faithfully per
formed.
A general tax to support a small body
of men, would be light and trifling, in
companion with twelve whole days work
■of a matter of a family, and all his
male domdlics, at inconvenient fcafons,
and an injurious interference with his
crops; and the principle of
letting would have also a jutt claim to a
preference of the two weeks labor.
Upon the latter ground we ourselves
have one experiment, A few years ago,
at the instance of the citizens of the town
and neighborhood of Augutta, a law was
palled, authorifing the corporation to let
the repairing of the roaejs, causeways and
bridges, within the dittance of three miles
of that city, to the lowett bidder, and
to levy a tax for the payment of the
fame. The result has been, that although
mod of the ground over which the roads
palled, was water-fbbbcd and miery, they j
arc causewayed, raised, bridged, and so
conftruCled and consolidated, as to aflure
the utmost ufefulnefs, and length of (land
ing, This example should be taken as
dccifivc proof of the utility and success of
this plan.
Should neither of the methods here fug
gelled attract the notice, and engage the
attention of the legislature, as a judge of
the superior courts appointed, paid find
sworn by the country, to superintend the
execution of the laws in this diflriCl, and
to correct the errors of inferior tribunals
in it, 1 have refolvcd upon the course
which 1 feel it my dury to adopt. The
laying out, altering and superintending
public roads, and the ereilion of bridges, ,
are at present by law afligned to the in- l
ferior courts of the refpeClive counties, t
with the power of making the neceifary i
appointments. I f t c, in riding through
thedittricl, that ths roads are almost eve
n f y but of repair, and apparently ne- 1
glpfted ; hut I cannot fee where the fault
lies. Whether it is owing to the error
of ncgleft in the inferior courts in firft 1
performing the duty afiigned them—or the •
disobedience of the persons appointed ?
To remedy the deleft of knowledge in
the superior court, upon this important
fubjeft, so truly intcrefting to all the ci
tiznis, it is my intention, at the com
menfl|ent of the next circuit in this di
ftriftptb cause writs of certiorari to iflue
in the mbeftive counties, direfted to the
clerks blithe inferior courts, and com
mandinorthern to certify all which (hall
have bcerrapfpeftively done hy each court,
refpefting rjjtdv If it (hall be found
upon such returns that the inferior courts
have done their duty, and the roads (hould
remain unrepaired, it will necelfarily fol
low that the persons appointed have not
done theirs; and the solicitor-general
will be called upon to do his accordingly.
This course, gentlemen, I have con
eluded to take, upon the most serious re
flection and from a full conviction that
if something is not speedily done, our
roads will ere long be impaflible; and the
farmer mull either cease to work, or keep
the produce of his labor at home. Con
fiding in the integrity of the motives
which direct me, I thus avow the mea
. _ fures I mean to pursue to correft the ne
gleft or abuse of the public law,
Saunder/ville , Sept. 27.
October 1, iBoz.
The Grand Jury brought In their Pre -
Jentmenu, which are as follow :
W£ the Grand Inquest of the body
of the county of Walhington, view with
horror the number of tippling-houfcs
throughout this county, which are kept
open, and particularly on sabbath days,
as tending greatly to corrupt the morals
of our youth.
We are at a loss to know in what man
ner our county taxes, eftray monies, &c.
for years pail have been appropriated ;
recommend to the inferior court that
they cause their clerk to make an annual
llatemcnt o( the teceipts and expenditures
to the grand jury in future*
Weprcfentit as a grievance, that a
certain road, called the Oconee river road,
is not opened agreeably to an order of
court—Also another road leading from
Saunderfville to Carr's Bluff.
We present it a grievance that our jury
rooms are very much out of repair j and
recommend that the inferior court cause
them to be repaired, for the better recep
tion of jurors.
We present Edmund Hogan, Amos
Banks and John Lewis, as disorderly men,
lor gambling or playing with cards for
money on the sabbath day.
We present Cullen Earp for keeping a
disorderly house; for keeping and (up
porting a woman, and thereby deflroy
ing the peace and harmony of his wife and
family.
We present Nimrod Burke, Esq. for
keeping a disorderly house, by keeping
and cohabiting with two women.
We present John Wilcherfor leaving
his wite and children and marrying ano
ther woman.
We present Uriah Mitchell & Co. and
John Montfort for retailing spirits on
sabbath days, as it tends to the disorder
■*and corruption of the morals of our youth.
We present Philip Dillard and Jones
Rivers as disorderly members of society,
having at different times, after attending
Divine Service on the sabbath day, abuf.
ed and ridiculed each other in public com.
pany, on their return home, in a (hame
(ul and scandalous manner.
We return our thank to his honor the
Judge, for his judicious charge, deliver
ed at the commencement of the court, and
for his great attention to business ; and re
commend that thefcour presentments, with
his charge be publilhed.
FRANCIS TENNILLE, Foreman.
IVhcreupon it is ordered. That the 2d,
3d, 4th and sth be referred to the hono
table the interior court; with the recom
mendation of this court to pay prompt at
tention to the objefts of them; and that in
addition to the repairs of the jury rooms,
the window fallenings of the court-house
be renewed and repaired, and the bar be
enlarged, by being moved back 8 or 10
feet j and, if practicable, the stairs be
otherwise carried up.
That the 6ih, 7th, Bth, 9th, 10th
and 11 ih be referred to the solicitor-ge
neral; and that such be made the objefts
of p ofecurirn as (hall admit it.
i Latefl Foreign Advices.
NEW.YORK, September 27.
The (hip Brothers, capt. Hall, arrived
J at this port on Saturday in 32 days from
j Liverpool.
To the paliteaefs of captain Hall, and
• I fcveral commercial friends, we arc indebt*
\
e.d for a regular series of London Papers
from the firlt to the evening of the nine
. feenth of August, from which the foreign
articles in this day’s Mercantile Aivcr
tifer are copied.
An important change has taken place
in the Conftitu'ion of the French Govern
ment. The Confcrvative Senate assem
bled for the parpofe of “ organizing the
Constitution,” have delivered in a pro
ject which veils the Consulate for life in
the three Confals. It has received the
executive fandion, and is become a law
of the Republic. Some inrerefting details
relative to this event are recorded in the
Paris Journals, of which the following is
a brief outline.
The audience of the diplomatic corps,
which was to have taken place at the pa
lace of Government on the 3d Augult,
being suspended, the members of the Con
servative Senate were introduced, and ci
tizen Barthclemy, the Frefident, address
ed Buonaparte in the following terms:
“ Citizen Firji Confuly
The French people, as a mark of gra-'
titude for the immense services you have
rendered them, vvilh that rhe First Ma
giilracy of the Bate fliould remain fixed
in your person. In thus appropriating to
themselves your entire life, they only re
peat the opinion of the Senate as recorded
in its Senatus Confultumof the Bth May.
The nation, by this solemn ad of grati
tude, alfign you the talk of consolidating
our indications.
“ A new career opens to the First Con.
ful! After prodigies of valour and milita
ry talents, he has terminated the war,
and every where obtained the most hono
arble conditions of peace. Under his au
spices Frenchmen have aflumed the atti
tude and charader of real greatness. He
is the Pacificator of Nations and the Re
storer of France. His name alone is a
tower of strength.
“ Already has an administration of less
than three years almost effaced the remem
brance of that epoch of anarchy and cala
mities which seemed to have dried up the
sources of public profperty. But there
flill remain evils to be remedied, and an
xieties to be diflipated. The French, af
ter having aftomlhed the world by war
like exploits, exped from you, citizen
consul, all the benefits of the peace you
have procured them. If there yet cxifted
any feeds of difeord, the proclamation of
the perpetual consulate of Buonaparte
cause them to disappear. Every thing is
at present rallied around him. H'S pow
erful genius can maintain and preserve e
very thing. He lives only for the pros
perity and the happiness of Frenchmen. He
will never impart to them but the impulse
of glory and the feelings of national gran,
dear. What nation, in truth, is morf
deserving of happiness t and of what more
enlightened and more sensible people could
the esteem and attachment be wished for ?
“ The confcrvative senate will partici
pate in all the generous intentions of go
vernmenr. It will second, by every
means in his power, those ameliorations
whose objed is to prevent the return of
the calamities which have so long afflid
ed us, and to extend and consolidate the
blelfmgs which you have brought back to
us. It is a duty incumbent on it thus
to concur in the accomplilhment of the
wilhes of the people who have given so
striking a proof of their zeal and difeern
ment.
“ The fenatus confultus which the fe
natc in a body comes to present to you,
citizen consul, contains the expreflion of
their particular gratitude. The organ of
the sovereign will, they have thought
pioper for the more complete fulfilment of
the intention of the French people to in
voke the arts to perpetuate the recollec
tion of this memorable event.”
Citizen Barthelemy then read the fe
natus confultum, and Buonaparte replied
to the senate in these terms:
“ Senators f
The life of a citizen belongs to his
country. The French people wi(h that
the whole of mine should be consecrated
to them, I obey their will.
“In giving me a new and permanent
pledge of their confidence, they impose
upon me the duty of retting their laws up
on provident tnftitutions.
“ By my efforts, by your aftiftance,
citizen senators, and that of the authori
ties, by the confidence and will of this
immense people, liberty, equality, and
the prosperity of France, will be fccure
from the caprices of fortune, and the un
certainty of futurity. The heft of peo
ple will be the happiest, as they most de
' serve to he, and their happiness will con
tribute to that of all Europe.
I ‘‘Satisfied with having been called by
the order of him from whom all things
eminate, to restore upon earth justice, or
der and equality, I fliall hear the knell of
my i&ft houmy iihsut rcgret—and will, I
any inquietudes as to the opinions' J? I
tutc generations. 4 lu - ft
5‘ receive mv thanks f orf I
solemn a proceeding. -The senatef enate h lO ft
expreifed us desire, for what .the Fre? I
people have wished, and has thus D
intimately conncfted itfclf with Cv ° rc ■
thing which remains to be done K
happinefsof the country. K
“ U is extremely grateful in me toy W
an -aflurance of this in the fneech of f ■
distinguished a Prcfident.” B
The members of the senate then retted I
It appears, from the fenatus confuh,!,' I
that of 3>577» 2 59 votes 3*568,185 I
in favor of the prolongation of Buon*. I
pane's authority. B
The projea of the fenatus confultumis I
divided into ten feftions. B
By the firft it is declared that each m. I
rifdidion of a justice of peace has a can! I
tonal aflembly ; and that each communal
circuit and department has an de&cral
college-
The lecond regulates the cantonal jf.
femblies, which are composed of all the
citizens domiciliated in the canton, and
of which the firft consul appoints the '
prefidcnt.
The third feftion defines the duty of
the elcftoral colleges, the members cf
which are appointed for life, and confifl
of one member for every 500 domiciliat
ed inhabitants of the circuit, and one for
every tooo domiciliated inhabitants of
the department.
The fourth relates to the consuls, who
are for life ; the mode of fucceflion, the
form of the oarh, &c.
The fifth to the duties of the senate.
The sixth to the counfellors of state.
The seventh to the legislative body.
The eighth to the tribunate.
The ninth to the forms of justice and
the tribunals.
The tenth to the tight of pardon which
is veiled in the firft consul.
This new projed for organizing the
conftiturion of the French republic, is re
presented in some »f the London papers
as being one of the most ridiculous and
incongruous plans, for the government of
a nation calling irfelf free, ever yet prer
pofed for acceptance ; the whole power of
the state, in all irs various branches, be
ing actually or virtually surrendered to
the will of the firft consul. There is no
responsibility, no check, nocountcrafting
power of influence. National representa
tion-appears to be confidercd a chimera
too contemptible for notice ; and taxation
is left to the direction of the firft magi
strate. ** In this whole mass of absur
dities and gross delusions," fays one of
the London editors, “ there is scarcely a
Angle article that evinces any thing like
found judgment in theory, or facility in
practice; and it would not have been
difficult to have taken at random, from
the pidgeon holes of the Abbe Sieyes, a
much better conftitutioa than that which
has been adopted.’*
The salaries paid to the three estates of
the French legislative government, are—
Senators per annum, and for life, 25,000
francs; members of the tribunate, 15»
000; members of the legislative body,
10,000.
The intended partition of Turkey ob
tains almost general belief in Europe;
and in consequence, several British officers
are said to be about entering into the
service of the Sultan,
The French government are preparing
to avenge the insult offered to their flag
by the c ruifcrs of the Dey of Algiers.
Twodivifions have failed from Brell for
the purpose of chastising these petty de
predators upon the commerce of the Medi
terranean.
Our. London papers furnifh no intelli
gence particularly momentous. 'I hey
contain, however, an almost inexhausti
ble fund of novel, and not altogether un
interesting articles, of which we fhail
from time to time avail ourselves,
October I.
Yesterday morning the French fbips
war La Romaine, La Valontaire, and La
Sallamander, failed from this-port it is said,
for Brest. The La Confolante remains
here, and will fail in a day or two for
Guadaloupe.
TRENTON, Odober 4.
The Circuit Court of the United States
held its sessions in this city on Friday
latt—Prefent Judges Patterson and Mor
ris. No business came before the court*
and it adjourned the fame day.
From Governor Bloomfield to Col. Burr.
Trenton , Sept. 17* 1 802.
Dear Sir,
It cannot have escaped your knowledge*
that two pamphlets, entitled “ The Nat-*
rative” and ** The View” publifticd ia
your city, have engage ! much of the pub
lic attention.