The Augusta chronicle and gazette of the state. (Augusta [Ga.]) 1789-1806, October 16, 1802, Image 2

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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.