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From the Korth-Carol'ina Meffengtf*
FEDERAL JUDICIARY.
The protest of Judge Bassett left rrcS|ter
for conjecture, that fame deep-laid plot
was formed to defeat the measures of Coni
grefs with refpeCt to the Judiciary. He
told hs, that his colleagues agreed with
him in opinion, but differed as to the
time of bringing the business forward,
it docs not, at firft view, appear to what
lie alludes. It could make but little dif
ference as to the lime of publishing a pro
test ; and therefore fometbing more must
be meant than is exprefled. We have
now farther light upon the fubjcCl ■, and
there can be but little doubt, that the
time chosen by the colleagues ol Judge
Baflett was the meeting of the circuit
courts. It will be recolleCled that he pro.
tested against the cxercife of the powers
of which he had been deprived, by any
other persons. A defection on the part
of the Judges endowed with thole powers,
was certainly the objeCl contemplated.
No doubt those Judges were consulted.
It Is by a general stagnation of the business
of the courts that a stab is intended to be
given to the popularity of the ruling par.
tv. The following paragraph, under date
of * Hartford, §ept, 27,' commences the
dcvelopcmeni of the plan ;
41 On Friday the 17th inst. the Circuit
Court of the United States for the diftrift
of Connecticut, conr.pofcd of judges Walh
ingron and Law, was opened in this town.
—Judge Walbington gave an excellent
charge to the grand jury. After call
ing the ducket, the court adjourned to
the next day. At the opening of the
court on Saturday, the defendants, in two
aftions which were continued from the
April term, pleaded in fubftancc, that the
cases were inftituieJ before the circuit
court of the second circuit of the United
States, holden at New. Haven in April
last, for the dillriCl of Connecticut, com.
posed of the hon. Egbert Benson, Oliver
Wolcott, and Samuel Hitchcock, who
in purfuancc of a law of Congress palled in
February 1801, had been appointed judg
es of that court, and whose commillions,
having never been vacated, were now in
force, and that the aftions were now de.
pending before the court composed of the
laid Benson, Wolcott and Hitchcock ; and
therefore the defendants prayed the laid
judges Walbington and Law to take no
further cognizance of the aftions. In
confequcnce of these objections to the legal
authority, and exiftencc of the court, all
the business of the court was continued.
The pleas to the jyrifdiftion were not ar
gued, but by agreement of the parties
were continued to the next term. It is
understood that similar questions will be
raised, and probably decided, in the o.
thcr diftriCfs, during the present circuit.
Nothing so interfiling to the people of
the United States has occurred flhee the
cxiftence of our government. If brought
before the toutt, the question must lie de
termined whether one diftinCl, indepen
dent branch of our constitution has not
been madly facrificed at the (brine of De
mocracy, The efteft of this decision ei
ther way, involves considerations of the
highest moment to the future concerns of
the country,'*
The well known principles of mod of
the Federal Judges, leave it a point de.
cidcd with me, that plans of a violent na
ture have been preconcerted, dependant,
however, upon some circumstances not
yet afeertained. If the Judges (hall un
neceflfarily delay justice, either by their
decisions on what they may please to call
incompctency of powers, or by procrasti
nating business in order to wait foroppor
tunities to execute their purposes, they
will be liable to impeachment. But an
impeachment will be unavailing, if more
than one-third of the Senators of the U
nited States, ftiould be of the fame party
as the Judges. We may therefore expeCl,
that they will endeavour to procraftinare
the business of the courts, under as co
lourable pretences as pofiihle, until the
elections (hall have decided what will be
the complexion of the Senate after the
3d of March next. If the Senate (ball
contain a constitutional majority in that
case of decided friends to the present judi
ciary system, the Judges will be left with
out refuge, and will proceed in their
views at their peril: but if there Ibould
not be such a majority, they may then
hope to proceed with impunity, under a
belief that Congress will not dare to make
further innovations, as the weight of their
proceedings would lie with the Judges of
the Supreme Court, and it having been
partially conceded, that they arc placed
above legislative control. In contem.
plating this latter case, we are struck with
the importance of the crisis to which the
affairs of the Federal Government would
he brougj*. 'We Can with plea&rc as.
fare ourfclvcs of a few exceptions from
the lift of the Federal bench, in number
ing who, m that case, would compose the
judicial conspirators against the liberties of
their country. It is with pride I name,
in particular, the worthy judge of this
diftrid, whose talents and principles leave
a full convidion of his decided opposition
to a plan, the offspring of anbition and
revenge, and calculated only for personal
purposes, however the interests of the pub.
lie might be ruined. But the efforts of
these individuals would be unavailing a
gainst tlurcombination to be looked for.
In viewing the fubjed in this stage, we
can fee no||||diuin course to be pursued.
If the they pave the way
for an Oligarchy as despotic as that of
Venice. They aflame an independency
to which the Bririfh Judges lay no claim.
They become a phalanx of desperadoes,
who, having escaped the power of legif.
larive checks, will be ever committing
depredations on the rights of the other
departments of government, in order to
weaken the guardians of our liberties, and
perpetuate their own aflumptions. Such
are the evils we have to fear if things take
this course.
Congrels, then, are called upon to ex
amine the extent of their powers. The
removal of a Judge by impeachment, is
provided for individual misdemeanors.
It operates in the fame manner, but with
greater security to the party accufcd, as
an address of both houses of Parliament
in England. But a combination of Judges
to pervert their offices, requires another
remedy. It involves the judiciary fy
flem itfelf. It requires a general correc.
tive. The Parliament of Great Britain,
with the consent of the Crown, holds it
felf competent to destroy all the courts in
the kingdom, and ered new ones at plea
sure. In this inflance the boasted inde
pendency of the Judges, is only consider
ed in refped to the feledion of persons as
Judges being denied ro the Parliament,
and their removal, when appointed, be
ing denied to the Crown ; thus rendering
it desirable to the Parliament to forbear
legislating on judicial fubjeds, left a
change of forms should not secure a better
administration, while it is out of the pow.
er of the King to make alterations in the
appointments to suit his changing views ;
and hence securing the independency of
the Judges; an independency, which,
however, would disappear the moment
the legislative power of the government,
as it relides in the Crown and Parliament,
should decide upon the inutility of the of
fice.
Prccifely such is the situation of the
Federal Judiciary. The constitution has
acknowledged, by its silence on the fub
jed, the competency of the Legislature to
judge of the forms and organization of
the Judiciary, with the proviso that there
shall be a Supreme Court, a court of fi
nal decision, for terminating and giving
a uniformity to legal proceedings. The
form of this court, its particular organi
zation, or the transfer of its powers, are
diferetionary. Every charaderiftic of the
inferior courts is diferetionary. The mode
of appointment and tenure of office of the
Judges, are dependant on the existence of
office, and are only pointed out with a
view to the administration of an existing
office.
The general welfare will demand from
Congress the exertion of those powers
which they poflefs, in deftroving the ma
chinations of faction. The firfl measure
which will present itfelf, in case of a wan
ton stagnation of the judicial business,
will be the eftablilhment of new circuit
courts. And I will submit whether it
would not be proper to begin by ahohfh
ing the diftrid courts; then the United
States might be divided into, fay three
circuits, (Kentucky and Tenneflee ex
ccpted, where the diftrid Judges might
be clothed with similar powers to those (
they now poflefs) each of which should
have five circuit judges, and a president
or chief judge. One of these circuit
judges should reside in the diftrid of Co
lumbia, and one in every State, except
Rhode-lflahd, which might be joined to
Connedicut, and one of them in Maine.
The presidents should hold the courts in
their refpedive circuits half-yearly, at
tended by one of the circuit judges (under
the fame regulations as those courts are
now held). The circuit judges should go
in rotation, which would leave two years
and a half between each tour by the fame
judge. In the mean time they could hold
the maritime courts in the several diftrids
as now held by the diftrid judges.
The business of the courts would be
thus matured, until the final decision in
cases of appeal. If here, where no clash.
ing of powers could be argued, the Su
preme Court should put a flop to the pro
ceedings, it would remain for Congress
to repeal the law efiablifhing the Supreme
Court, and empower the presidents of the
diltrids to hold a Supreme Court.
I have been impelled to submit a plan
of this kind, only under the beliet that a
systematic opposition, on the part ol the
Federal Judges, is determined upon; an
opposition more personal thanfcntimental ;
which threatens to do its utmoll in thwart-
I ing the operations of the government
while adminillered by the men now in
power. If my apprehensions (hould pro* e
groundless, I (hall he well fatisfied, and
our country will have abundant cause to
rejoice.
AMERICANS.
tmmmwmrnm l ———■ ———— ——— «———■—■————
COLLECTOR’S SALE a.
At the court-house in Greentjhorough , on
the Jirjt Siturday in December next,
WILL BE SOLD,
The following property, or as much thereof
as will fatisfy the tax with cojls for the
year 1801.
150 acres 2d and 3d quality,
Greene county, Oconee aver, granted
to Napier and joins Phillips, returned by
Thomas Goodwin; tax D 1 87 j.
1 jjy acres 3d quality, Greene coun
ty, waters Shouldcrbonc, granted to tin*
known and joins Pofcy, returned by Win,
Griddle; 6i\ cents.
100 acres 3d quality, Greene county,
waters Beaverdam creek, granted to
Smith and joins Eilefs, returned by John
Ellcfs; D. 1 37^.
150 acres 3d quality, Hancock coun
ty, waters F creek, granted to Harper
and joins Battle, returned bj Jcfle Fann;
62 j cents.
zoo acres 3d quality, Greene county,
waters Beaverdam creek, granted to
Smith and joins Houghton, returned by
Joseph Hubbard; 75 cents.
1431 acres 3d quality, Greene coun
ty, waters Shouldeib >ne, granted to
Cook and joins Richards, returned by
Charles Ivey;' 6z|.
132 acres 3d quality, Greene county,
waters Beaverdam creek, granted to Mel
ton, joins Davidson, returned by Jere
miah Robinctt; 75 cents.
150 acres 3d quality, Greene county,
Ogcchee, granted to Williams, jains
Robertson, returned by Jacob Fmly;
75 cents,
350 acres 3d quality, Greene county,
Ogechee, granted to unknown and joins
Newel, returned by Thomas Stewart;
D. 1 6|.
112 acre* zd quality, Greene county,
waters S. creek, granted to Dawson,
joins Gatling, teturned by Jason Car
gel; D. 1 25.
200 acres 2d quality, Greene county,
waters Little river, granted to Dukes,
joins Newfom, returned by John Hunt;*
D. 1 37i*
550 acres ift and 2d quality, Greene
county, waters Little river, granted to
Scott, joins Flucker, returned by Sally
Williams; D. 5 75.
161 acres 2d quality, Greene county,
Little river, granted to Williams, joins
Daniell, returned by Ransom Duke;
D. 2 i2|.~Alfo, 483 acres 2d quality,
ditto, waters do. granted to do. joins
do. returned by Ransom Duke, as exe
cutor for F. Williams; D. 2.
50 acres 3 ! quality, Wiikes county, S
creek granted to unknown, joins ditto,
returned by John Going; 87! cents,
118 acres zd quality, Greene county,
Little river, granted to Traywick, joins
Madox, returned by William Pleasant;
D. 2 75
100 acres 3d quality, Greene county,
waters Little river, granted to Johnson,
and joins Hunt, returned by William
Lingo; 62 *- cents.
80 acres zd quality, Greene, waters
Oconee, granted to Daniell, joins Mat
thews, returned by James Butler, as agent
for David M‘Cawmack; D. 1 87^.
322 acres 3d quality, Greene, Appa
lachce, granted to Alleifon, joins Elder,
returned by PrcfHy Thornton; D. 1 50.
690 acres zd quality, Greene, Appa
lachie, granted to Moseley, joins un
known, returned by Joseph Turnbooll;
D. z 50.
2jo acres zd quality, Greene, Rich
land creek, granted to felf, and joins
Wiggins, returned by William Kim
brough, jun. D. 2 jo*
Also, 104 acres 3d quality, Greene,
waters Shouiderbone. granted M'Clcn
don, joins Martin, returned by Thomas
M‘Clendon; j6| cents-
FIELDS KENNEDY, C. G. C.
September 30.
A few BOARDERS may
be accommodated at Mrs. BRAY's,
Broad-street, near the Market.
Blank Deeds of Conveyance
for (ale at this Office.
AUGUSTA CITY HOTEi
n HE Subscriber refpcftfull--
7“ intorms the public, that he has reni
ed the Buildings lately occupied by In'
feph Carrie, where he has commenced
keeping a Genteel BOARDING
HOUSE, and where Gentlemen Travel,
lers may be accommodated on rcafonable
terms.-He intends keeping a Liter,
btable, connantly fupplicd with Forage.
As the buildings he has taken arc a*
commodious as any in this city for the
intended purpose, he doubts not, that his
Ready and unrcimttcd attention, wjil
give general fatisfadion to those who may
favor him with their company. 1
JOHN D’ANTIGNAC.
CITY COLLECTdR r s~JILES,
On Saturday the 20 th day of November
next, ay’ the market hovfe in the city es
Augufia, between the hours of !0 an g
2 o’clock ,
WILLBESOLD,
For the tax levied by the City Council for
the support of the City Guard hr the
year iBor.
One house and lot, the pro
perty of Edward Prnnrofcj tax D, 1
One lot, whereon lives Lewis Gregol
ry, the property of Robcrtfbn and Smith •
tax D. r.
One house and lot given in by George
Sibbald; tax D, r 25.
One house and lot, the property 0?
George Foil; tax D » 2s,
Ooc house and lot in Springfield, the
property of David Harris; lax iB| cents.
One lot on Broad-llrcet, belonging to
the estate of Henry May, dcceafed; tax
93 1 cents,
DREAD PACE, C. C. T,
Oflober 8,
N o rl c E.
THE Title of Geo. Fee’s
and Nathaniel Durkee’s property, is
postponed until the firft Tuefday in No
vember next
Also the falc of the goods which were
to have been fold on the firft Tuefday in
Oflober, is postponed to the firft Tuef
day in November next.
October 8. H. M‘ TYRE, Sheriff.
SHERIFF’S sale.
On the firfi */ utfdny in November next, at
the market-house m the city of Augu -
WILL BE SOLD,
TWO likely Geldings, taken
at the property ot Ezekiel Harris to fa. j
tisfy an execution in favor of Samuel I
Scott, obtained against the said Harris I
as security for the estate of Joseph Cox. I
Also, a likely bay gelding, taken un* I
dcr execution.
H.M‘TYRE, Sheriff.
September 29.
LE
nty, on the I
■ next,
LD,
iproved, I
Lane and I
;e whereon I
as the pro- I
atisfy Wil- I
, Sheriff.
NOTICE. I
ALL those indebted to the I
late Concern of ROLSTON & NES-B
BITT, of this place, are informed thatl
their refpeftive accounts and obligations*
arc placed in the ban's of Nfcholasß
Ware, Esq. for collcftion,
no r 1/: e. I
That on \heymy of the faleß
of the estate of AWorofe Holliday, dccJ
at the fame placoAwill be fold, all thdH
Crop belonging topic said estate, co yH
filling of corn, f*ddei\and cotton, Tcrrf B
made known on the dty of sale,
/ E. WARTHIN, Admr.
M. HOLLIDAY, Adm’xJ^
N O T\l CE. I
After the expiration of ninjj
months from the date hereof, applicatiß
on will be made to the honorable the iflft
ferior court of the epunty of Elbert, foB
leave to fell two hundred acres of lan<®
more or less, in said county, adjoining
lands of Daniel White, the property
Thomas Redgway, deccafed, for the bc«
nefit of the heirs and creditors of fa»B
deceased. agreeable to the ftatutc in
case made and provided.
LUCY RFDGWAY, Adm*B
M. WOOpS, Adm'r,
August 24,