Newspaper Page Text
Tfvee Dols.per Ann.
Volume III.]
Difiblution of Partnerfliip.
THE Copartnerlhip of Thevenet
and Co. being by mutual conient,
this day dilfolved. Notice is hereby given
l to art frerfons who have any claims on that
firm, to bring them forward for feUlennent
on or before the firft day of June next, as
t|o account again!! said firm can be liqui
-*vlated after that period.
S. THEVENET,
C. MUNNS.
May $. (47)
NOTICE.
co-partrierfliip under the firm of
X Toxey and Redding, expired on
the 10th of March la ft : Those that are
indebted, are requeued to make payment
to James Redding—those having de
mands, will pieafe present them.
The iubferiber refpertfully informs
the public, that he carries on the Taylor’s
Business at the above shop, and those that
favor him with their custom may depend
on having their work done in the Left
manner, and with the ftridteft punctuality.
JAMES REDDING.'
April 7. (44-)
GREGORY ts BOUNTICOU,
Watch-Makers , Gold-Smiths & Jewellers,
RESPECTFULLY inform the Ladies
and Gentlemen of Augusta, and its
vicinity, that they have opened their Shop
next door to H. Lord & Co. where they
intend carrying on their Business in ail its
branches. TEWELLRY, GOLD, and
SILVER WORK of every description,
* GILDING, ENGRAVING and HAIR
WORK executed in the neatest manner ;
Clocks, Repeating, Horizontal and Plain
Watches, repaired on the shortest notice.
Orders from the Country will be duly at
tended to.
Li' Cash paid for old Gold and Silver.
Anril ( yj )
E; THE SUBSCRIBER,
ESPECTFULLY informs the Pub
lie that he has opened shop in Wash
mgton-ftreet, in front of the Printing-Of
fice, in the City of Augusta, where he
carries on the CLOCK WATCH
MAKING BUSINESS, and hopes by
his Punctuality and attention to business,
to deserve encouragement.
*** Clocks & Watches repaired at the
above (hop, on the Ihortcft notice, and on
reafonahle terms.
S3* Orders from the Country executed with {
tare and dispatch.
H. BUNCE.
Mrs. CHATFIELD,
RESPECTFULLY informs the La
dies of Augusta and its vicinity,
that (lie has just received from New-
York, a new and handsome alTortment of
STRAW BONNETS AND HATS of
all kinds and sizes, which may be had at
very reduced prices, likewise, (lie conti
nues to make Bonnets and Plead*drefies of
all kinds.
April 14. - (44)
WANTED IMMEDIATELY.
AN Induftrions Sober SAWYER:
and one who is acquainted with the
Carpenter’s Business; to such a person,
who can come well recommended, I will
give very liberal wages by the year; one |
with a family will be preferred.
A THOMAS GLASCOCK.
August 5. (8)
~ NO TIC E.
rpHE Owner of a COTTON MA-
X CHINE, brought from Savannah
in November 1796, is requested to take it
away and pay the charges, or it will be
Fold in one month from this date at Pub
lic Vendue.
Wm. KENNEDY.
April l 9‘ (S c - 45-)
Any one in future, who
may want Merchantable Lumber of me
delivered in Augusta, must expert to pav
fourteen dollars per thousand feet inch
mealure, and at my Mills twelve.
THOMAS GLASCOCK.
December 9. (26)
?iI 1 ■
PUBLISHED EVERY WEDNESDAY, BY WILLIAM J. BUNCE, AT THE PRINTING-OFFICE IN W ASH INGTON-ST R E tT.
WEDNESDAY, May 12, 1802.
CONGRESS of the UNITED STATES.
HOUSE of REPRESENTATIVES,
JUDICIAR Y BILL , from the SE NATE.
[mr. bayard'* speech continued ]
Friday, February 19.
It has been my endeavour, fir, to give a
corrert idea of the deserts of the former
judicial plan, andc/fthe remedies for those
deserts introduced by the law now defign
cd to be repealed. I do not pretend to
fay that the present fyfiem is perfect, 1
contend only that it i;> better than the old.
If, fir, in Head of destroying, gentlemen
will undertake to improve the present
plan, I will not only applaud their mo
tives, but will aflift in their labour. We
alk only that our system may be tried
Let the fentEnce of experience be pro
nounced upon it. Let us hear the nation
al voice after it has been felt. They will
then be better ab:e to judge its merits. In
praftice it has not yet been complained of;
and as it is designed for the benefi of the
people, how can their friends juftify the
art of taking it from them bcfo.e they have
manifefted theirdifpoficiori to part with it?
How, fir, am I to account for the ex
treme anxiety to get rid of this eftablilh
nient. Does i: proceed from that fpirir,
which since power has been given to it,
has so unrelentingly perfccuted men in of
fice, who belonged to a certain fed! ? I
hope there will be a little patience ; these
judges ate old and infirm men ; they will
die ; they must die; wait but a lhort time,
their places will be vacant; they will be
filled by the decipies of the new school,
and gentlemen will not have to answer for
the political murder which is now medi
tated.
I shall take the liberty now, fir, of pay
ing feme attention to the objections which
have been exprefied against the late eftab
liftuner.t. An early exception which, in
the course of the debate, has been aban
-dun.e'.!r urotleojeiK,and little Hlfd
on by any one, is the additional expense.
The gentleman from Virginia fiated the
expense of the present eftablilhment at
137,000 dollars.—On this head the mate
rial question is, not what is the expense of
the whole tfta-difhmenr, but what will be
saved by the repealing lav/ on the table.—
I do not eftirnate the saving at more than
28,500 uoliars. You save nothing but the
faiaries of 16 judges of 2000 dollars each.
From tills amount is to be deduced the
salary cf a judge of the supreme court,
which is 3,500 dollars. Aboliflting the
present f) ft cm will not vary the incidental
expences of the circuit court. You revive
a circuit court whose incidental expenses
will be equal to those of the court you de
stroy. The encreafed faiaries of the dif
trirt judges of Kentucky and Tennefiee
must remain. It is not proposed to abol
iflt their offices, and the admiflions upon
the other file allow that the faiaries can
not be reduced.
If there were no other objertion, the
present bill c uid not pals without amend
ment, because it reduces the faiaries of
those judges, which is a plain undeniable
infraction of the constitution. But, fir.
it is not a fairway of treating the fubjert
to speak of the aggregate expense. The
great enquiry is, whether the judges are
necefiarv, and whether the faiaries allow
ed to them are reafonahle ! Admitting the
utility of the judges, I think no gentle
man will contend, that the compensation
is extravagant.
We are told of the expense attending
the federal judiciary. Can gentlemen tell
me of a government under which justice
is more cheeply adminifteredi Add to
gether the faiaries of all your judges and
the amount but little exceeds the emolu
ments of Chancellor of England. Ascer
tain the expenses of state justice, and the
proportion of each state of the expense
of federal justice, and you will find that
the former is five times greater than the
latter. Do gentlemen expert that a system
expanded over the whole union is to cost
no more than the eftabiifliment ofafin
gle state? Let it be remembered, fir, that
the judiciary is an intergra! and co-ordi
nate part with the highest branches of the
government. —No government can long
exist without an efficient judiciary. It is
the judiciary which applies the law and
enables the executive to carry it into ef
fert. Leave your laws to the judiciaries
of the dates to execute, and my word for
it in ten years you have neither law nor
cor-tftitution. Is your judiciary so codiy
that you will not support it ? Why then
lay o -t so much money upon the other
bra «ches of your government ? I beg
that it will be recollefled that if your ju
diciary cnfts you thousands of dollars,
your legislature cods you hundreds of
thonfands, and your executive millions.
Afj| objection has been derived from the
paucity of causes in the federal courts, and
the objection has been magnified by the
allegation, that the number has been an
nually decreafir.g. The fa£ls admitted, I
draw a very different inference from my
oppi uents. In my opinion they furnifli
the dronged proof of the defers of the
former edabiifhment, and of the necessity
of a reform. I have no doubt* nay, I
know it to be a fatd, that many suitors
were diverted from those tribunals by the
fluctuations to which they were fubjeCt.
Allow me however, to take some notice of
the fafts. They are founded upon the
prefuiential document No. 8. Taking
th; faCts as there dated, they allow up
wards of 50 suits annually for each court,
when it is considered that these causes mud
each have exceeded the value of 500 dol
lars, and that they were generally litigated
cabs, l do not conceive, that there is much
ground to affirm, that the courts were
without buftnefs. But, fir, I mud be ex
cused for faying, I pay little refpeft to this
document. It has been (hewn by others
in fevera! points to be erroneous, and from
my own knowledge I know it to be in
coritdt. What right had the president to
call upon the clerks to furnifli him with a
iid cf the suits which had been brought,
or were depending in their refpeCtivt
courts ? Had this been directed by con
gress, or was there any money appropria
ted to pay the expense ? Is there any law
which made it the duty of any clerks to
johe; the order of the executive ? Are the
ibr*' for the refuting the lids,
or lor making falle or defective reams.'
Do we know any thing about the authen
ticity of the certificate made by the clerks?
And are we not now aiming a mortal biow
at one branch of the government, upon
the credit, and at the instigation of another
and a rival department ? Yes, fir, I fay at
the indigation of the President, for I con
fider this business wholly as a presidential
measure. This document and his mef
fliew that it originated with him ; I
confider it as now prosecuted by him, and
I believe, that he has the power to arred
its progress, or to its comple
tion. I repeat that it is his measure. I
hold him responsible for it ; and I trud in
God that the time will come, when he will
be ca'led upon to answer for it as his aid.
And I trud the time will arrive, when he
will hear us speaking upon the fubjetd
more effectually.
It has been dated as the reproach, fir,
of the bill of the lad fedion, that it was
made by a party, at the moment when
they were sensible that their power was
expiring and palling into other hands. It
is enough for me, that the full and legiti
mate power exided. The remnant was
p'enary and efficient. And it was our
duty to employ it according to our judg
ments and consciences for the good of the
country. We thought the bill a salutary
measure, and there was no obligation upon
us to leave it as a work for our successors.
Nay, fir, I have no hesitation in avowing,
that I had no confidence in the person,
who were to follow us. And I was the
more anxious while we had the. means to
accomplish a work which I believed they
would not do, and which I fincerelv tho’t
would contribute to the fafetv of the na
# j
turn, bv giving flrength and support to the
conditution through the dorm to which
it W3s likely to be exposed. The fears,
which I then felt, have not been dispelled,
but multiplied by what I have since seen.
I know nothing which is to be allowed to
fland. I observe the inditutions of the
government falling around me, and where
the work of deflruCtion is to end, God
alone knows. We difeharged our con
sciences in establishing a judicial fydem,
which now exids, and it will be for those
who now hold the power of the govern
ment to answer for the abolition of it,
which they at present meditate. We are
told, that our law was againd the sense of
he nation. Let me tell those gentlemen,
they are deceived, when they call then *
selves the nation. They are only a domi
nant partv, and though the fun of federal
ifm fliould never r feagain,they wiilfhortly
find men better t?r worie than themfeives
thrusting them out of their places. I know
it is the cant of those in power, however
they have acquired it, to call themfeives
the nation. We have recently witndTed
an example of it abroad. How rapidly
did the nation change in France, at cne
time BrifTot called himlelf the nation—
then Robespierre, afterwards Taliien and
Barras, and finally Buonaparte. But their
dreams were loon dissipated, and they
awoke in fucceflion upon the fcaffold, or
m banithnrient. Let not these gentlemen
Batter themfeives, thst heaven has reserv
ed f>r them a peculiar deiiiny. What has
happened to others in this country, they
must be liable to. Let them not exult too
highly in the enjoyment of a little brief
and fleeting authority. It was ours yef
terdav, it is theirs to day, but to-morrow
it may belong to others.
[Mr. Bayard here Hated, that he had
gone through the remarks he had to make
connected with the firft point of the de
bate ; that he observed, that the common
hour of adjournment had gone by, and
that he fliould fit down in order to allow
the committee to rife, if they thought pro
per ; and that he fliould beg leave to be
heard the following day upon the second
point. After lome conversation, the com
mittee rose—reported, and the house ad
journed.]
Saturday, February 20.
I owe to the committee the exprefilon
of my thanks for the patience with which
they attended to the laborious difeuflion
of yesterday.
It will be my endeavour in the remarks
which I have to offer upon the remaining
point of the debate, to consume no time
which the importance of the fubjeCt does
not jufttfy. I have never departed from
the question before the committee, but
wH. great fdluftnire. Before I heard the
gentleman from Virginia, I had not an
observation to make unconne&ed with
the bill bn the table. It was he who for
ced me to wander on foreign ground, and
be a fibred, fir, I fliall be guilty of no new
digreifions where I am not covered by the
fame justification.
I did think that th : s was an occasion
when the house ought to have been libe
rated from the dominion of party fp rir,
and allowed to decide upon the unbiased
diftates of their understanding. The
vain hope which I indulged that this
courlc would be pursued was fenn diliipat
ed by the inflammatory appeal made by
the gentleman from Virginia, to the pas
sions of his party. This appeal, which
treated with no refpeCt the feelings of one
fide of the house, will excuse recrimina
tions which have been made, or which
fliall be retorted. We w ere clifpofed to
conciliate, but gent'emen are deceived if
they thick that we will submit to be
trampled on.
I fliall now, fir, proceed to the confeder
ation of the second point which the fub
je& prefen’s. However this point rr.ay
be disguised by fubtillities, I conceive the
true question to be—has the legifhture a
right by a law to remove a judge ? Gen
tlemen may fta’e thei question to be, has
the legislature a right by law to vacate the
office of a judge ? But, as in sass they re
move the judges, they arc bound to an
swer our question.
The question which Tftatc they will not
meet. Nay, I have considered it as con
ceded upon ail hands, that the legifhture
have not the power of removing a judge
from his office; but it is contended only
the office may be taken from the judge.
Sir, it is a principle in law, which ought,
and I apprehend does, more strongly in
politics; that what is prohibited from
being done dire&ly is retrained from be
ing done indire£t!v. Is there any differ
ence but in words between taking the
office from a judge and rt moving the judge
from the office ? Do you not indirectly
accomplifli the end, which you admit is
prohibited. I will not fay that it is the
foie intention of the fuppnrrers of the bill
before 11s, to remove the circuit judges
from their offices; but I will fay that they
establish a precedent which will enable
worse men than themfeives to make use
of the legislative power for that purpose
[Half in Advance
[Number 14S.
