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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. \ ■ 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unnecessary, the community had a right to be eased of the expence of sixteen new judges which the law about to be repealed, had intro duced.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. \ H 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 ■ \ I • . 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^% U