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JUDICIARY. /
FROIS THE RICHMOND EXAMINER*
The following communication from Ed
mond Pendleton, Esq. prelident of the
court of appeals, will no doubt attraft
the particular attention of our
It will afford plea Cure and inflation to
** every/riend,of the constitution; and, of
the present administration. ft will be
perused with particular interest by the
gentlemen of the law. This venerable
patriot, who like Nestor has seen almolt
three generations rife and pass away be
fore him, Hill poffcffes the fame depth of
reasoning, accuracy cf thought and preci
lion of exprelfion, which belonged to the
prime mover and author of the inftrufti
ons to the Virginia delegation in congress,
to declare the then American colonics
FREE AND INDEPENDENT STATES.
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November 12, 1802.
Mr. Jones,
The following ohfervations were writ
ten for my own use during the long and
arduous debate in congress, on the fubjeft
to which they relate ; some frifnds have
lately requested me to publish them,'which
I have confcnted to, not from a vain idea
of affording any new light on a fubjeft so
ably and extensively difeuffed in congress ; .
but because they tend to draw the fcenc
cl'fcr, and bring the question more to a
point. They arc at your fervicc, if you
think them worthy of a place in your
paper.
Your obedient servant,
Eomd. Pendleton,
The expediency of the repealing aft,
seems unquestionable, since justice having
been administered under the original sy
stem, and additional judges unnecessary,
the community had a right to be eased
of the expence of sixteen new judges which
the law about to be repealed, had intro
duced. As to the inconvenience of the
iH judges of the coHft, in their be
ing otflMted to travel--*alr in office were
appointecP»fc this wall a legal duty,
and accepteonlfcoffice, no doubt, from a
conviftion liberal salary was a
full compcnfation fffl|/the whole service
required. Gs the Wkdiency, congress
are the Judges; no t( can they be juilly
fufpefted of a malignant intention to at
tack the judiciary department, since this
was only a jsart of the general fyflem a
• dopicd and pursued, to case the people
hp'Trom the expence ft all unnecessary offices.
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The question whether congress can con
ftitytionally repeal the aft in question, is
all important, lincc democrats are warm *
friends ft*ahe union, and to the constitu
tion, (cven' , «sit is) the pillar of its sup
port, and wiV yield the mod favorite
point rather that instrument.
I wonder indeed to c«over from the de
bates, fom; gentleman, warm advocates
for the conftitutiof, and pathetically la
ment its downfalbtrum a fancied violati
on, who on forofer occasions had llretch
f ed it almost to serve their
purposes, and one of them mblicly be
‘ flowed on it the epithet of a rotten parch,
mtnff which the people of Virginia mull
be compelled at the point of the bayonet,
to give up. To those gentlemen it be
longs to reconcile the
suspicions will arise that, with them,flic
constitution is waste paper when inrerpof
ed to preserve the rights of the citizens,
but a seven-sold fltield toproteft favorites
in useless offices.
*ls repeal unconstitutional ?
/lihut any legillative body can bind it
fell, from a power to change any ot it’s
ails, is a political folecifm } and 1 suppose
it is conceded that although the constitu
tion bind£ all it's creatures, the agents.,
of government, during hs exiftenee, it
docs not restrain the people who made it,
from a change, or entire abolition ot it:
suppose them in convention *r» form a new
constitution, in which* 5 '(uj>feme court
shall not be aurhorifefi'- can *«' bfc imagin
ed that the present judges mud continue
peniioners for life ot tbe Claries given as
a compcnfation for fervicc* which the
* community no longer require, or have oc
% cafion tor. This implies direftly to con
gress and the inferior courts ? since it is
confided to congress to eftablith them or
not, that body has the fame power over
them as the people have over the supreme
court; experiments may be made in form
ing them, fubjeft to be changed by the
power which makes them, when difeo
vered to be inconvenient or mifehievous.
The words, “ such inferior courts as
congress may from time to ttme ordain and
(<?)* Z his is further evinced by the lave
pajftd afterwardsy for accommodating the
Judges its their circuits*
efialjdjlf* convey to the mind aft tong
impression that such a power was meant
to be given to congress to ordain the
courts changing them from time to time,
as experience Ihould fugged, before they
were eftablilhcd.
But it is fa id that this will contravene
the independence of the judges, which is
by the corrftituiion extended to the infe
rior as well as to those ot the supreme
court* Confider the ground of its inde
pendence ; 'tis not for the fake of the
judges, to give jhem a certain provision
for life, but for the public good, that they
may a a impartially, and be under no bias
in judgment from fear of being removed,
or of having their salaries dnmnilhed, so
long as the. office is continued to whirh
they are appointed, and they behave well
in it; their date of independence therefore
is to Hand pr fall with their courts, pro
vided the discontinuance of the office, be
made by the power which created it; that
is, the supreme court by a change in the
constitution, and the inferior court, by a *
repeal of the law which created it,
Conlider then the spirit of the federal
government, a representative .democracy,
juitly prefered to every other form, from
its tie dive principle, enabling the people
by a change of agents to correct or remove
any opprellions, or ufelcfs burthens, which
error or curruption in former agents may
have produced : But it this palladium ot
good government may be evadedby con
necting judges with the impositions, it
will follow that a party in power, rind
ing that in future, that power is to be in
other hands, a feeling resentment instead
ot affection for, and refponiibility to their
conttituents, [b] may introduce not only
two interior courts in each date, but one
in each county or parilh, to injure the
people and provide tor an hod of tavorites
—the judges may be immediately appoint
ed, and according to this novel doctrine a <
fubiequent congress cannot touch the fa
crsd mifehief or difeontinue these expen
fivc and ufolcfs courts, because it will take
salaries from this hod of judges, though
merely fmecures, and they mult be fixed
penlioners for life. Drones, to be sup
ported from the labor of the
citizens; this idea surely cannot accord
with the spirit of the conititution,
I am willing to admit it to be very im
probable that the extreme case supposed
will ever happen; but at the fame time,
chink it is more so that the Icgillature
will at any time'difeontinue a court, be
neficial to the lociety merely- to remove
the judges.
The. memorial of the judges of Virgi
nia, don't apply. The law complained
of, imposed upon all the judges a new and
laborious duty, without incrcafe of sala
ry : and aifo required chancery and admi
ralty judges to lit originally in criminal
and .common law trials. Upon the whole
it seems to me, that either this extreme
extenlion of judicial independence, or the
valuable or rather invaluable eledlive
principle of the government, muff be fa
crificed! Let wisdom decide between
them.
{b) The tied tons for members of con.
grtjs in f eve ml Jiates, are made in the
Jammer , to take place in March follow
tug, so that there is always an mterven
tug fjjion, in which men may be, who
are not re-c lifted which seems improper
—it would appear to be beji to have all
the elections on one day, not before, but
'immediately after the 4 th of March.
Jockey Club Races.
r I ''HE Edgefied Jockey Club
JL Races will commence tor the third
.. time, at the Cherokee Ponds, on Thurs
day the xothof February next.
First day’s purse, three mile heats,
horses starting to be foaled and railed
in Edgfield, Abbeville, Laurence, New
berry, or Barnwell diftridls, in South.
Carolina, or Richmond or Columbia, in
the Hate of Georgia, and own-d by a
member of the Club, and not having won
a purse previous to the effablilhment of
this Turf.
Second day's races, two mile heats,
no horse, mare or gelding above four
years old allowed to llart, and them to
be foaled, raised and owned-in the fame
manner as those running the firft day.
Third day, a fwcepftakc, one mile
heats, horses, mares, Sec. to be foaled,
raised and owned in the fame manner as
those starting the two firft days,
John Power,
Le Roy Hammond, 1
Ephraim Ferril, } Stewards,
’ Joshua Hammond, j
r David Boswsbii, J
December 13,
“
SHERIFF’S SALES.
On the jnfi 1 ue/day in January ne)ct t at
the court-hou/e in Greene county , at the
u/ual hours,
' WILL BE SOLD ,
ioi acres of Jand on the O
conee fiver, in Greene county, adjoining
John parner, it being the Quotation
William. Giles now lives on taken
as said Wm. Giles’s propert/ to fatiofy
anexecutfin, Robert Galtiyf administra
tor ot
rauel Giles! William and 1 hoinas
Giles, poinVd out bj tp defendant.
50 acres o\iapd in rfrecne county, on
the waters creek, it being
the plantation Vhjteon Darnel Beavers
now lives j property, to la
tisfy two execuMonWin favor of William
Burford, fen.ig^nitwn\. Burtoid, jun.
and Daniel Jo cavers, out by the
defendantuf \\ .
zoo acres of Hnd oliVke watersoc
RichiatyTcreek, ad]pining\\\cH and Mel
ton, y being the pl^ntattobVhereon Sa
muel/beed now lives; taken Vfvthe pro-
of William Daniiell, atylVinilance
of Peter L. Van Alek, poimccPtout by
the plaintiff. \ \ \
One bay horse j taker* as thX ptW>er
fy of Robert Thompfon,\at the\nltaV e
of James Cooper. \
One waggon and one hay\horfe; taken
as the property of Daniel Buitoid, •at the
initance of William Burford,Vcn. pointed
out by the defendant. \
93 acres, more or less, in Greene coun
ty, on the waters ot Greenbrier, adjoin
ing of Mathews and Gillum’s land, the
plantation whereon Joshua Hogathy now
lives; taken as the property of Henry
Eiiifon, deceased, at the inllance of Sack
vill King, againlt said Ellison and James
Stallings, pointed out by the plaintiff.
93 acres of land on the waters of the
Appaiachie river, adjoining Johnson and
Thurman j taken as the property of Ste
phen Heard, ttbeing the plantation where
on Jeremiah Jackson now lives, to fatis
fy an execution in favor of George Wal
ker, John E, Andcrfon and Seaborn Jones,
againlt William Heard, Stephen Heard,
,r and Robert Hobbs, pointed out by the
defendant, ’
One negro man by the name of Tom ;
taken as the property of Francis Mor
gan, to fatisfy an execution in favor of
William F. Mann.
Five negro men, one wench and a boy,
as follow s: Phill, Harry, Dick, Bill
and Joe, Jude and Caffar—alfo, one im
proved lot in the town of Greenelbo
rough, adjoining John Armour’s lot, at
present occupied by capt, Allen Stuart;
the above taken as the property of John
M*Alli!ler, at the initance of Lamb and
Montgomery, pointed out by the defen
dant.
iBy£ acres of land, on the waters of
Shoulderbone, adjoining Triplett; taken
as the property of Patrick Hays, at the
initance of Benjamin Boyce. Conditions
calh.
J. D. FANNIN, Sheriff.
November 22.
The fubferiber confiders it
proper to inform the public, that the
execution referred to in the foregoing
advertisement is founded upon a judg
ment obtained against the fubferiber for
goods furnifhed to the concern cf M (
Alliftcr & Stewart, which Stewart him*
fclf was to pay, with all other debts due
by said concern, and by his own ac
knowledgements long ftnee to have fatis
fied. And further, that a confiderabie
part of the property advertised is in the
possession Stewart, and was the pro*
perty of lift concern. The liability of
which to tnc above execution, the fub*
feriber is ready to prove judicially,
whenever it shall be judicially denied,
JOHN M'ALLISTER.
Greenejborough, Dec. 7.
Fifty Dollars Reward.
STOLEN from the fubferiber's liable,
on the night of the third instant, a
SORREL HORSE, (a few white hairs
intermixed) upwards of 15 hands high,
a star in his forehead, with a small white
llripe below the liar, hollow eyes, lately
docked and bobtailed, paces, trots and
canters, has a handsome carriage, (hod
1 before, and one hind foot white about
the fetlock—alfo ilolen with the Horse,
a Plated Snaffle BRIDLE, Thp above
Reward will be given on convidlion of
the thief and recovery of the hotfe, or
Twenty Dollars for the horse,
JOHN M*IVER,
Augujia, December to-
N, B, The above described horse was
ralfedby Batt Jones, Efij.of Burks coun
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IAM authofifed c
Public Sale, sixteen thWanH acres V*
i Land granted by the ftatc ot Gen,°
Vice Admiral .Count
that part of the donation lof ,£ J
which the count fold in his lift!- a '
Thefc lands lay in the counties
son and Clarke, on waters of
fork of Oconee river, some of t^ 50 *!
the neighbourhood of the Uniyi ‘
They abound in fpnngs of roo st
water, the foil of a considerable Pro 1
tion of them is productive, and th*;/ 1
tuation in point of salubrity inter’or
none in the state. They will be
into lots of convenient sizes, for the
commodation of purchasers; the
are indisputable. The sale will commci
at the house of Mr. Francis Nunn n *
the mouth of Parkes’s creek, on MouJ
the i,£th day of January next; the cq
ditions will be one third caih i n han
and the balance in one and two years afi
the falc. Any further particulars,*
be made known on the day of sale
LEVIN WAILES,
for the Proprietors,
November 15.
ON the fame day, and at t!
fame place, I, as Attorney in fad |
Madame Taney, (hail offer for faletf
residue of the Land granted by the %
t© count D’Eftaing, which the count 1
fervedin the sale of the 16,000 acres 1
ferred to in Mr. Wailcs’s advertifemer
to the time of his decease. To thisps
of the land Madame Taney derives!
title by purchase from the legitimate hi
of the count, as will be {hewn by ind
putable vouchers on the day of tale,
is the choice of the whole donation.
LEWIS SEWALL.
November 19.
BANKRUPTCY^
IN the matter of Eleazer Early
Augusta, Merchant.
A major part of the commiflionets
this case, having granted the bank™
Eleazer Early, a certificate —lt is ordt
td , That the usual notice be published
the Augujia Chronicle , and the State I
tclligenccr in Savannah, that unless 0
jedions* are filed in the clcrk's-office,
the second Monday in January, 18c
the judge will allow and confirm the c<
tificatc.
Extrafl from the Records ,
RICHARD M. STITKS, Ch
December 15, 1802.
NOTICE\
THEfubfcriber intending
leave this'State early in the year 180
requeft* all persons having demands
gainft him, to bring :hem iu for payrac
and those indebted to him will pl«
make payment by the rft of January nt
SEBASTIAN BLACHE
Augujia , October 28, 1802-
N OTIC E.
Those indebted to Sami
Barnett are informed that their refpefi
accounts and obligations will be phi
in the hands of an attorney for colld
on on the firft dav of February «
Ihould they remain unsettled at that
riod.
HUGH NESBITT, Agent
December 17. _
HUGH NES BI‘JI
Intending to leave this pli
in the fpting, lodcits those indebted
him to make as speedy payments as il
polfibly can.
He has a Northward made CHAi
and some decent FURNITURE fori
December 17.
N O T 1 C iT
Those vv\o havel^bfcrib
towards the buil\ng of Couri-H
in this city, are Mr, Li
fay Coleman is and *
powered to feveral lums n
due. Such nom>aid by the firft
January will neteffarily be
/JOHN COURSIL 1 c»
ROBt. WATKIN& } ml
GEORGE GRAVES, J
December 1 I.
NOTICE .
THAT all persons indebted to the
state of Moses Green, deceased,
* Burke county, are requested to come
ward and make payment on or by the: 21
dav of January next, as there can be
longer indulgence given ; and all ped
having any demands against the Taidi c
are requested to britjg -them forward p
perly attested, ~
JUDITH
~ ,Becemieri^%
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