Below is the OCR text representation for this newspapers page.

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,