Newspaper Page Text
CYwonkAt avu\ iiaxelle*
SIHTKD
BY JOSEPH \ALLRNCR DEVAN.
pv'HLuiitu tvi inr
Monday JSj Thursday.
AT rf\K DOLL* ns ?KTI AHHI'M, PAT A HI.R I*
ADVANCE -COCHTUT FAPKR, ONCE A WP.KK,
thiike dollars ran airch, paiablk
nm IN AnVARP'S.
In tbe Superior pourt, (Georgia,
Richmond County.
NOVEMBER I EKM, 1821.
Present—'The lion John II- Montgomery,
Judge
His Honorific Judge, at the opening of
the Court dehveied the following Charge,
to wi ;
Mr Foremfft, and Gentlemen of the
Grand Inque st, assembled under the laws
<f emr country, to administer Justice, ac
cording to those laws, it is the usage of
the Comt to address a few words to the
•Grand Jury on their duties, tights and oh
lira lions. The importance in every case
of duly enforcing the penal law of the
countty,can require but little illustration
front the Court; —We all feci and know
that a refusal or neglect to efleet those
laws, would he to abandon the lives, liber,
tics, and the properly of every citizen to
the attempts of the profligate and aban
doned. Society is constituted, govern
ments organized, and tribunals instituted,
in i rderto cull in tbe force of community
to vindicate, redress, and prevent the in
j>i.ieswhir.!t otherwise would be inflicted
by the strong upon the weak; by the
c.'itn’t g upon the* well inlentioned, or by
t. |ub,i’» - i( u* upon individuals. The rights
of men it. a. i .cty at* life, liberty, proper,
ty and reputation. The rights to the two
last, inis, wholly from the law The at.
curify to the oil,eta’s guarded by the hu!-
WU'ka which the law bus thrown around
them. '1 hey may exist independent nf all
positive t uartminti hut they exist, in a
sin e of •perpetual inscorilv and alarm,
dependent on the will of the more pow
« iful, or ilie v.iii of die more arllnl
Man, deprived ofihe protection of the
IsW, can lorm no reasonable expectation
of the future i he lives only for the pie
sent moiiii nt, and must snatch a tempura
iy ej.j ymciit, treinbling, and with appre
hension. Impelled as human laws are,
and perhaps necessarily imisl be, it is to
tliei i we owe every thing wc have, and
every hope of the future. Forcible as
these reflections must be, under every
atati in of government, with how much
nioie s.rcngth are they applicable to a
country,, where the laws thcmseU'fs exist
only by the will ofihe people ( Here, the
Legislative power is exercised through
the immediate strength of the people, and
no taw can exist one moment contrary to
their will Uuderother systems, the laws
are fastened on the necks of ilie subjects,
Vit bout theJr assent, and often contrary
l, »beir will. Their only justification
then v’d.'hc their utility and their condu
civ-m*«s t,** 'he. happiness of the people
for whom th *v »’« framed Here, the
laws ought mi he solely framed for their
good, and if hey do i.'ut contribute to that
end, are, rep. ah dat llitSt* will. In other
countries likewise, a porii.' ll ' *d arbitrary
p«wer exists in the government, and
w here extensiv niischu fa ai “ acted or
plotted, c*t* be exerted to suppress or
stifle tlu-m Hut in this country n-' aneb
p. wers a.e, or ought to be entrusted
the Kulevs. Every branch of the govern'-
ru m nu ves m a prescribed course, and
until the law p o'ins a remedy, every
evil •mist remain remediless. How im
poiumt then, is it, that the law should be
supreme, and that it should sol only be
repeated, but acted on uniformly ami con
stantly, as 'lit fundamental maxim of our
Inst itutimis, that this is a government of laws
and net ol men. The laws f> r our di
rection are of three kinds. The Cons iui
tio-i, Law s, tnrl Treaties of die United
Slat, s These are in all cases, where
they a, ply, the supreme law ul the bin 1.
The (h.na'iliition and Statutes of the
state >1 Georgia: the Statutes and com
mie law of England, imposed with our
anciKtiUs on the fust sett lenient of lids
stale, and adopted by our Legislature al
most -.s toon as the treaty of eighty-three
bat. ci'..bled us to lay aside the sword anil
direct their efforts io the organization of
civil society, 25th F' batary, 178-1. Ily
this Act of 25 February, 1784, it is enact
fed dtat the common law ul England, and
sm ii Statutes as were usual y of force, are
declared to be of as full force as if the
same had b* en mad* and enacted by the
General Assembly until the same had
been repealed or annulled or otherwise
altered by the Legislature, with the ex
crption of such as arc contrary to the Con
stitution, Laws and Government, then es
tablished in vl> is state. A prejudice is of
ten endeavored tube excited th;--
portion of the law, by giving it the mini
of English Uw, Were Jurors invested
with the right of Legislators, ami a propo
sition trade to repeal any portion of the
law, the answer to this sophistry would be
immediate. The question would be not,
whether the law was derived from Eng
land, France or Turkey ; but whether the
law be useful or prejudicial to the commu
nity. ilm before a Judicial tribunal, no
S-icli question can arise. It is not the bu
si ness of such a tribunal to make or re
pe.-d taws, but to adjudge cases between
individuals, accoidiug to the rigb s arising
from the law prescribed by the Lcgisla
tnre. I lie vet y first section of the firs’
article ofihe Constitutionrequiresthat the
Legislative, Executive and Judic.al de
partments should be distinct; each de
partment confided to a separate body of
magistracy ; and no person or collection
cl persons being ol one of those depar’-
tnents, shall exercise any power properh*
attached to either of the others, unless
expressly permuted by the Coustitn ior .
Judges and Jurors belong to the Judicial
department, For them to refuse, on any
pretence, to evi cute the laws adopted or
enacted by the Legislature, is ti-r Urat case
to repeal them. Thns\h*y usurp a re.
pi.aU.ig power, and in defiance ofihe Con
stitution, do that which can consvitution
al.y only b-* done by die Legislature H,i
lueed not extemJ tli-s,. icma k$ before an
intelligent Jury. They are obvious to the
vsonimnn sense of every* individual who
vml urc the trouble of th inking upon tin
subject I fia duties of Grand Jurors in
tins -late,-elate bo.h to criminal a*td civil
jurisprudence. I'heii duties as a Grand
Jwy arc suuunaniy laid down in their
o&lh. Vou are sworn as a Grand Jury for
the county of Richmond. You are there
fore confined to such offences as are com
mitted within the limits of that county.
You are neither required or authorised by
law to go beyond those limits. Sufficient
unto each comity aie the evils existing
within those limits, and when you go be
yond them, you lose the character of
Grand Jurors, and the opinions expressed
are the opinions of a number of respectable
’ and intelligent individuals—opinions res
peclable in all cases, and authoritative in
many, but not the acts of a Judicial Grand
Jury. You are “ diligently to enquire,
and true presentment make of all such
matters and things as shall be given you
in charge, or shall come to your know
ledge, touching the pre sent service." In
oriter to enable you to fulfill the first part
1 of the duty, y,.u arc no*, only to examine
w ith attention, and weigh with calmness,
1 the testimony of those witnesses which
may be sent up before you. It is also
your right, where you know or hear of
witnesses, whose testimony may tend to
i elucidate the case before you, to send for
those witnesses ami require their atten
dance. Ist Chilly on Criminal Law, p. 315,
Os what shall be given you in charge, lit
tle dispute exists. Hot a differ* nee of
opinion has existed with regard to those
things which come within the knowledge
of Grand Jurors. My own opinion, is that
a Grand Juror is bound to pres’-nt such
offences us come to Ins knowledge af.er
. lie is sworn; but that with regard to of
i f< nces which have come to hia knowledge
. before he is sworn, he stands only on the
same footing of moral obligation «s other
c lizctsof community. 1 shall proceed to
r lay before you the reasons for that opinion.
The words of the oath arc in the future
I t ense, and an oath imposing a future ob
ligation, cannot without violating the
common rules of language relate back to a
> past occurrence. lie is sworn as a Grand
- Juror, and bis knowledge is his knowledge
> as a Grand Juror, and not ss an individual
. lie docs not take upon himself the duties
-of a Grand Juror until he is sworn, and
I official dut-es only commence with the
1 office. It cannot be the policy of the
i law to draw from the body of community,
, a number of individuals connected in the
social relations of life, and compel them,
under the most solemn obligations, to be
• come the accusers of their parents, bre
i tin en, children, and friends. To disclose
tilings confided to them under th- strong
est lies of confidence, and in the course -
of the relations of domestic life. Social
, confidence in of the fust importance to the
i happiness and well being of society; and
I such a construction of the oath of Grand
i Jurois must, if strictly acted under, break
up social confidence and create a system
i of espionage more dreadful th an the po
i lice ul the irtusi arbitrary government up
on earth. There, .Spies are generally de
based men; but under such n st stem, tbe
more, conscientious a man may be, the
i more certain would be be to betray, when
-a Grand Juror, At what time also would
i this obligation commence?—Last week,
i l ;,s ' year, or does it extend to an indefinite
length of time, ii the obligation relates
back to any time before the oath taken,
• there is no tim • fixed at which it is In
- commence; mid each Grand Juror would
■ have to look back through the whole
■ course of bis life, in order to recollect
whether at any time, by a y p< ,-soo, at) < f
- fence had been committed within th
- limits ofthe county. The obligationtherc
-1 Inr*- ol a Grand Juror, with regard to o
fences committed before he was a Grand
• Juror, is. the siimr as the •'!> igation of
i other citizens. Thu Grand Jury, I o*v
i ever, as an official body, are to take caic.
■ ti.at tbe liepubic receive no detriment
II therefore, indictable ofii-nces are coin
in.'tted, and no voluntary prosecutor comes
forward, they have the power to enquire
into such offences—to send for witnesses,
and io tnako such offences the subject of
- presentment. With regard to many in
dictable offences, they are prejudicial to
the community in general, but affect no
particular individual.—He who is affected
by Hie crime, is a participator therein.
Such are the offences of Gaming, Affiajs,
Trading with Slaves, Btc. The laws there
fore, prohibiting such offences, depend
for their efficacy in a great measure on
the Grand Juries, who are the only official
prosecutors —compounding felonies and
crimes punishable with imprisonment in
the I'mitentiary, &c. Duelling are crimes
in which the actors being participators,
will not he prosecuted stall in genera',
I unless the Grand Jury take upon them
selves to prosecute. In many instance*,
likewise, where a crime affects an indi
-1 viduai immediately, he may be unwilling
or unable to incur the trouble of prosecu
tion. In such cases likewise, it is the
right, and may be the duly of a Grand Jo.)
, to present the criminal to public justice.
All these case* must he regulated by the
sound discretion ol Grand Jurors Th
mly general rulor the Court can laydown
is this:—That where in the opinion of
the Grand Jury, offences require prosecu
tion, and no prosecutor com-s forward, it
is the right and duty of the Grand .fury to
I institute proceedings against such offen
ders. The A’t at vs counsel, your fellows,
• and your own, you are to keep secret, un
less called upon to give evidence thereof
, in som.- Court of Law in this Abate. This
ibiigation was 1 presume, originally im
■ posed on Grand Jurors to protect them
from the resentment of powerful individu
als. This reason docs not exist in this
country. There is no individual in this
country so powerful, but that his resent
ment may be safely braved But there is
no mao safe from the injuries of private
revenge. In the administration of crimi
nal justice, wo have to incur the resent
ment of the worst class of community. In
indicting the penalties of die law, tie ap
pear to their deprived and vitiated minds
to be guided by some personal motive
against tnemseives. Thei entertain th<-
fiercest resentments against those who
are the mere organs of die violated ordi
nances of society. Grand Jurors 1 y the
secrecy of their deltbirations, arc pro
tected from the vengeance ol such men
To attack a whole body is beyond then
power; and to strike at individuals would
be ofieti to wound those it host* opinions
may have been favoiable to them, Uut
for each man to make known his opinio:
would be to have »he opinions of the whou
known, and frustrate the intent of th
f, a'h Yon are therefore bound, tiiat n<
thmg winch passes in the Grand Jury m
the course of th ir offio:si transaction
shall he mane known unless the cause *1
justice i -a due cours* ot law require
it to be disclosed.
Yoi are to present no ore from env
uatred or malice, nor are you to leave any
one onpresenlcd froth fear, favor or affec- 1
tion, from the love of gain or any hope i
thereof, from envy, hatred, or malice, we I
have little to fear. To the honor of hu
man nature, men discharging an import
ant official duty, are seldom guided by |
the malvolent passions. Uy favor and af
fection, the best men are often unconsci
ously guided in forming their estimate
of the truth of facts. These affections
cherished in the recesses of the soul,
mingling with the most endearing recol
lections, soften the sternness of justice,
as heat liquifies the hardest metals. —A-
dorning, beautifying and humanizing the
private relations of life, they must be dis
carded when justice d.-mai.da their obit
vion.—Acting in behalf of the public, ii
is only fur the public » e are permitted to
feel favor or affection. —The humanity wi
are to exercise, is a long sighted, iron
nerved humanity, which cuts off th* gan
grened limb, to preserve the body which
scatters the flower to bring forth and ma
ture the fruit. To he influenced by Un
love of gain or any hope thereof, would
be the grossest corruption, and needs not
one word of reprobation from the Court.
—“ But you are to present all things tru
ly as they came to your knowledge, to
tire best of your skill and ability ” —To
do this requires tire calmest and most
deliberate investigation of the testimony
—Thai you b-ncl the whole strength of
your understanding to the investigation
of trudi; mid that when conviction is
produced, that you act upon it us you
would answer before the unerring tribu
nal of tin* Supreme Being. What qnan
lily or kind of evidence may be neoessa
ry to produce conviction on your minds,
is impossible to prescribe, but in every
case, conviction must be produced. In
the minor offences, as well as the major, a
smaller quantity of evidence may be ne
cessary in the one, than in the other ;
but in all, the same belief must be the
result,in order to enable you to find the
accu*a<ion true. In the delineation of
your duties as Grand Jurors, 1 wish I could
stop here ; but 1 am not ignorant that a
case of homicide may come under your
cognizance at the present term —lt is
proper therefore for the Court to instruct
you as to the Law on that subject —Mur
der, is the killing of a human being in
the peace of the Slate, with malice afore
thought, either express or implied.
Express malice is that deliberate in
teiilion, unlawfully to take away the life
of a fellow creatine, which is manifested
by external circumstances capable of
pi oof.
Malice, shall be implied where no con
siderable pi evocation appears, and where
all the cir umstunces of the ki l ng shew
an abandoned a ;d malignant heart.
Manslaughter, is the killing of a hit
man creature without malice txpiess or
implied, and without any mixture of deli
beration whatever—lt must be voluntary,
upon a sudden heat and passion, or invo
[notary in ihe commission of ai unlawful
act j or a lawiul act without due caution
and circumspection.
In ail cases of voluntary Manslaughter,
there must be some actual assault upon
the person killing or an letempt by the
person killed to commit a serious prison
al injury on the person killing. Pi evo
cation by woids, threats, menaces, or con
temptuous gestures, shall be in no case
sufficient to tree the person killing from
(he guilt of Murder.
involuntary manslaughter shall consist
m the tiding ol a unman being without
my intention to d so ; but in the com
mission of an unlawful act or a lawful act,
which prebably might produce such a
coimqueiice man unlawful manner. Hut
where such involuntary killing shall Imp
pen in the commission of an unlawful act,
aliir.il in its coiijeq icnces natural y tends
to destroy the life of a human being, or
is committed in the prosecution of a f.;-
■ nminus or muons intent, the offence shall
he deemed and adjudged Murder.
Jjusl .liable Homicide, is the killing of a
human being in seif defence, or in defence
of habitation, property or person, against
one who manifestly intends, or endea
vours by violence or surprise, to commit
a known felony—such as Mar-dor, ’.tape,
Uobbeiy, Burglary, and the like, upon ei
ther or against any persons who ma ufest
ly intend, and endeavour in a riotous ami
tumultuous manner to enter the habita
tion ot another, for the purpose of as
saulting or offering personal violence to
anv person dwelling, or being therein.
If a person kills in his own defence, it
nr st appear that the danger was so ur
gent and passing, that in order to save
his own life, the killing of the other was
. absolutely ne mosary ; and it must also
appear, that the person killed, was the as
sailant ; or that the shyer bud i<a'lyaud
in good futh endeavoured to decimc anv
farther struggle before the mortal blow
was given.
I lino case shall a person justify him
self under pretence of necessity, unless
‘ he were wholly without fault, imputable.'
hy law, in bring:;.g that necessity upon
himself r
Drunkenness shall not be an excuse
for any crime or mis lemeanor, unless
such drunkcmesi was occasioned bv ih.
fraud, artifice, or contrivance of other
■ person or persons, for tiie purpose ofhav
mg a crime perpetrated; and then the
person so causing such drunkenness, for
such malignant purpose, shall be consi
dered ns a piincipal.
I have thus, gentlemen, laid before you
the law on the subject . f Homicide ; what
the circumstances arc of any particular
case,'l have no information. The facts
are for your investigation There rc
likewise two acts ot the General Assem
bly which are required to be given von
in charge at the commencement of the
term. By the one am it is f,midden to
any person to keep, have, or maintain bv
himself, agent or servant, any common,
ill-governed and disorderly house, tp the
encouragement ot idleness, gamine,
drinking, or other immorality. It is also
forbidden to any person to play or bet
f! game at card*, dice, checks, or
billiards, or any other game at which mo
ney has been, or may Hereafter be bet.
Horse racing, toot racing, pitching with
quoita or dollars, shooting with guns of
any description, used against an m-mv,
or any peaceable, civil athletic exercise,
are excepted from the provisions of the
act.
By another Act-Receiving of any
uave money, exceeding one dollar, or
any article ot value without a ticker from
■■ne owner, overseer, or employer, widen
..ckfct mttsl set forth the quantity of the
- icle disposed of, is forbidden—This
k.;t is required to be kept by the per. ■
5 " ‘«emng the article, a s the only jus. J
übcauon. Ih e receiving of brooms, bus- j
Icets mats, and such articles as are known
to be manufactured and vended by slaves
for their own use only, is excepted from
the provisions of the act.
Selling or delivering to any slave any
goods, wares, or merchandise, except at
the time and in exchange for such arti
cles as the slave may be authorised to
leal in, is forbidden. ..
Slaves being found in any store-house
or tippling shop, after the hour on nine
at night, or before day break in the
morning, or on the Sabbath day, is to be
held as presumptive evidence of the of- .
fence to be rebutted by the accused.
Wc will now proceed gentlemen, to
an examination of your duties as special
lurors on the civil side of this Court, and
endeavour to give such an exposition of
I hem as is consistent with the law and the
oath you have taken.
The first maxim of the sy stem of Juris
prudence under which we live, is, that
the Court is to declare the law', the jury
to find the facts—the court adjudges
what the legal rights are of parties liti
gant. The jury according to the testi
mony, to find to which of the parties
those rights appertain,
A vague notion exists, that a special
jury released from all obligation to re
gard the law, decide cadi case presented
to them according to their ideas of ab
stract Equity and Jits’ ice—Pernicious as
this notion is, and unfouhded as it will
appear upon the slightest examination ;
it has in i something flatering to the
pride of the human heart, and the love of
power, which spurns all restraints to its
will. Those aspirations after impossible
good, which play around the heart in the
morning of Hie, and kindle the youthful
imagination, attend us in some degree to
to the close of our existence. We would
willingly have no evil in Society, and in
endeavouring to avoid inflicting individu
al pain, we lose sight of a general princi
ple on which the security of social life
rests. In most cases W'c have but a choice
between evils; and in this case we must
chuse between the hardship of individual
cares and genera* confusion. Suppose the
notion correct, and what is the conse
quence? A special jury are bomul by no
law. The Acts of the General As<embly,
the Constitution of the State of Georgia,
the S'atutcs of the United Slates, and
eten the great compact of our Union, as
well as the Common Law, are to be set
at nought,whenever they may conflict with
the ideas ot Equity and Justice of any spe
cial jury Tne.rc would he in tact, no law
existing in the state, if a tribunal of the
last resort is not boun Ito decide accord
ing to (he Law, Each special jury would
be a Legislature for that individual case
The ride ;>y t.hich they were governed,
could only be known by their verdict,
and that would form no rule for any sub
sequent case. This would not only be
exercising Legislative authority, contrary
to the express letter of the Constitution,
but Legislative autnorily in the worst
possible way. The rule ofdecison would
expire with the case which gave it birth.
The words of the oath you have taken,
are somewhat equivocal, but we must con
strue it in reference to the duties pre
scribed to you. The duties of Jurors arc
to ascertain the truth of the respective
allegations of Plaintiff and Defendant, aid
when so found, to apply the law as laid
down by the Court to these facts.—Yor
aiv i« decide equitably, justly, impartially,
without bias or prejudice on either side,
between the partiis, according to you
opinion of the evidence. Your powers
are derived from the law; your duties ai
prise? ibed by the law; and there is no an
thorny existing in this country, from tin
President to the lowest police officer,
win is*; pot ers are not bounded, prescrib
i d and regulated by law Within the h
mils laid down, your powers are extensive;
—the weight of conflicting testimony; th<
credibility of witnesses; in a word, tlu
truth or falsehood of the issue between
conflicting parties, are exclusively witn
you.—These are fully sufficie.it to ex<-v
--da* the sagacity, the patient attention,
and the soundest judgment of jvitors.—
For the due exercise of these duties, you
are only responsible to God, and you.
>wn consciences. The law has placed
great trust in special juvo-’s, and as far as
my experience extends, in no body could
that trust be more safety placed. I dis
miss yon, gentlemen, to your room, with
the earnest wish that we may all act in
our respective spheres in such a manner as
may promote the interest of the county
where we sit, and the state whose laws
we are called upon to administer-
In the Supei’iur Court of Rich
mond County.
NOVEMBER TERM, 1321.
Present—the Hon. John UJihutgomery,
Judge.
The Grand Jury brought in the follow
ing presentments, to wit:—
I he Jurors of the Grand Jury, impan
eled in and for the county of Richmond,
respectfully tender to the Honorable
Court,' the assurance of respect and per
sonal esteem; an 1 thank him for his able
Charge, at the commencement of the Ses
sion.
I be accounts cf Financial concerns of
of the county have been examined, and
without having as’ criained the particu
ar manner in wliicfi ail expen litures
have been made, they have much plea
sure in finding a balance of upwards of
eighteen hundred and fifty dollars on
hand, after allowing one hundred and
forty three dollars for insolvencies.
On examination of the list of defaulters
in the payment of Stale and County
Tax s, the Jury discover, that although
in the aggregate, the amount is not large,
yet the number of defaulters is very great;
"icy therefore, recommend to the Tax
Collector to furnish to the Inspectors of
Elections hereafter to be lio den,* an alpha
betical list of such defaulters, that they
may not whilst in debt totheState.be
suffered to exercise the important right
of suffrage.
1 ite .City and County Gi ai has been ex
ammed by a committee from the Jun,
who unanimously report, that for cleanii
n< ss and goodorder, it is not surpassed by
any in the State, conducing greatly to the
general health and comfort of the Prison
ers
We congratulate the Court and on.
Fellow Citizens at large upon the aprar
ent diminution ol crime; judging from ilu
smallness ts the number of complaints
before the Grand Jury upon which fairs
lure been found; and the Jury having no
: presentments to make, of crimes or dis
orders which hv.ve come to their know
edge during the Term, other than those
! "ready bsiore the Court.
The Jary respectfully solicit from the
Court a copy of his Charge, and request
ihat it may be published, together with
these presentments, in the Gazettes of
the City. *
SAMUEL HALE, Fobbmaw.
John S. Coombs, Joshua Oanforth,
J.C. Winter, John W. Bridges,' I
George Twiggs, E. Buggf t I
Henry Hatcher, G B Marshall, i
R. McCoombs, Cosby Dickinson,
Itich’d Tubman, Ralph Ketchum,
Abr'm Twiggs, Charles L&buzan,
.John Cashin, . W.W. Montgomery,
1 Henry Mealing, ‘ D. Berry,
Jacob Danforth, James Beall.
On the request of the Grand Jury,—lt
is Ordered, That the presentments of the
Grand Jury, and the charge of the court,
be published in the Gazettes of the City,
and that the Cleik furnish copies of lire
same.
('Taken fnn the Jil inites. }
JOHN II MANN,"CIerk.
Clerk's Office, Ist Dec. 1821.
(From the Berkshire Yfc r .]
The Boole entitled the Republican, by Wil
liam C- Jarvis, is for rale.
The following letters are from distinguish
ed gentlemen, to the author, on the sul>
ject of his book, and are pi shushed in
our p-r.er, at the request of a particular
friend of his,
Montesilln, March B th 1821,
Sin—l thank you for your favour ol IVb
ruary 17lh, and for the valuable volume
calk d the 11 publican. Not long since I
read a volume upon Political Economy, by
Senator Tracy, translated from the French
by Mr. Jefferson—ami very lately 1 have
read another volume of thoughts upon
Political Economy, by Umiel Raymond.
Esq Counsellor at law Ballimoie, with
still more delight and satisfaction. Your
volume, entitle d the Republican, I have
aso read with pleasure. Vuur subject is
more compressive, but as far as it compre
hends political economy it agrees in sub
stance with the two former works 1 utn
very glad to find three authors so well a
greed, as it what I think tire true systom
In your researches for materials, &. in the
composition of your work, yon must have
found a profitable stndv’, and a delightful
amusement. You have read a gieat deal,
& of the best boons. It nas been a pleasant
employment to me to revise the substance
of the studies of my former days, collected
together from many volumes in one body.
It affords me much satisfaction to see such
speculations cultivated, & such principles
spreading in this country.
I am, sir, with many thanks for the en
leUammcnt you have given me, your ob
liged friend and humble servant,
JOHN ADAMS.
Monticeho, Sept. 20, 1821—I thank
you Sir for the copy of your Republican,
, which yon have been so kind as to send
me, I should have acknowledged it soon
-1 er, but that I am just returned home af
ter a long absence. I have not yet had
, time to consider it seriously, but in look
ing over it cursorily, I see much in) it lo
approve : and shall be glad if it shall lead
• our youtti to the practice of thinking on
■ such subjects and for themselves. That
I it will have this tendency may be expect-
I ed, and for that reason If. el an urgency
to note what I deem an error in it, the
, .acre requiring notice, as jour opinion is
, strengthened by that of many others.
You seem, in pages 84 and 148, to con
, stder the Jucges as the ultimate arbiters
of all constitutional questions j a very
iiiiigerous docti ine indeed, and one which
would place »s under the despotism of an
, Oligarchy. Our Judges are as honest as
(" her men, and uoi more so. They have,
with others,the same passions for party,
; for power, and the privileges of their I
corps. Their maxim is, “ boni judicis est
umplicare jurisdictiontm,” and their pow
r the more dangerous, as they are in of*
i lice for life, and not responsible, as the
other functionaries are, to the elective
controul The constitution has erected
no such single tribunal; knowing that, to
whatever hands confided, with the corrup
tions of lime and parly, its members would
necutne despots. It has more wisely
■ made ail the departments co-equal and
co-sovereign within themselves. If the
Legislature fails to pass laws tor a census,
for paying the Judges and other officers
of governm-mt, for establishing a militia,
tor naturalization as prescribed by the
constitution, or il they fail to meet in Con
gress, the Judges cannot issue their man
dates lo them. If th President fid's to
supply the place of a Judge, to appoint
other civil or military officers, to issue re
quisite commissions, the Judges cannot
force him They car issue their manda
mus or distringas to no executive or le
gislative officer to enforce the fulfilment
ofiheir official duties, any more iban the
President or Legislature may issue orders
lo the Judges or their officers. Betrayed
by English example, and unaware, as it
should seem of the controul of our con
stitution, in this particular they have at
limes overstepped their limit by undertak
ing to command executive officers in the
discharge cf their executive duties. Hut
the constitution, in keeping the three de
partments distinct and independent, res
trains the authority of the judges to judi
ciary organs, as it does the executive and
legislative, lo executive and legislative
organs The judges certainly have mere
f'vq lent occasion to act on constitutional
questions, because the laws of meuin and
luum.aadof criminal action forming the
great mass of the system of law, constitute <
their particular departmeut.
When the legislative oi executive func- i
tioiurics act unconstitutionally, they are
responsible to the people in tiu-ir elective
capacity.—The exemption of (he Judges
from that is quite dangerous enough. 1
know uo safe depositary of the ultimate
powers of the society, but the people
themselves; and if we think them not en
lightened enough to exercise their con v
tronlwitha wholesome discretion, the re
medy is, not to lake it from them, but to
inform their discretion bye ucation. Tnis
is 'be true corrective of abuses of consti
tutional power. Pardon me, sir, for this
difference of opinion. My personal inter
est in such questions is entirely extinct—
out not my wishes for the long- st possible I
continuance of our government on its
pure principles. If the three powers A
maintain their mutual independence on
each other, it may last long ; but not so
d either can assume the authorities of the
other, 1 ask } our candid rc-co- siderauo.u
m this subject, and am sufficiently sure
you will form a candid conclusion
Accept toe assurance of my great res- -
pcct,
THOMAS JEFFERSON. J-
From tie Savannah Museum, AW
LATEST FROM ENGLANI).
LONDON, Oct. l
Disturbances in the Isle of J fan
Sunday se’nnight, the populace of
town of Peel showed themsrives in c
derable bodies, and denounced venire
against the dealers in corn, 0n ac
of the sudden rise in the price of L
They did not confine themselves tot'ii
but, in the course of the
molished the houses of various deal!
Their depredations were with j,*
repressed by a detachment of i( le
cavalry, aud some of the ringie ul er
taken into custody. On the 2.1
similar riots took place in lwi a
other parts of the Island. The nrin
sufferers were Missrs. WiiittinUa
the Nunnery Mills,and Messrs. Giliini
Game. Troops from England were
ly expected.
The King passed through
‘Jdiost. and arrived at Aixla Chanel'
same evening The marquis f'ur
deny, first Minister to his B-itanuic
jesly, is g-me direct to Hanover, v.
great pit’natalums are making fur tfi
ception of George lA'.
Quarter's Rev. me —The accounts c
mn be published before yesterday
the opinion entertained was Umt’ [
wou'd be a surplus beyond the cn
ponding quarter last year, o' 500 0!
The funds rose considerably on ff'ev
day.
Nearly all the letters from the sou
Spain which advert to the subject «
feier in Catalonia, state, that the
ience of'he malady is considerably ah
’J'he Dank —A report prevails j,
City, that u.c bank is about to call i
SI. notes.
On the 2d inst. an attempt was rna
assassinate major-general Baron Dnj,
Pans, by an officer of the rmal gu*
near relation of the baron, who 'had
dismissed from the corps while nnd
command The who vMcmrtl
tb* octmaain i>y ii.s serva ir: he w;
verely but not mortally wound, d.
perpetrator was ddivertd'imo the
of tlie nolice.
Germany, Vienna, September 24
the 19th of this month, some of the ]
ties of the Neapolitan Parliament, i
mong them Messrs. Petrirehi, Poeri
Gabriel Pepe, passed through iVm ci
their way to Prague, the‘place of
baiuslimeiit. The King of the Tw<
lies has entrusted them to the care
Governin'.nt. Others will be cone
to Speilburg, and the celebrated G(
to M miguz.
Tlie Austrian Emperor has estab
a Noviciate ofh suites at Vienna. !|
Spain. —The last advices from San
state that Montariot and his four !
are imprisoned in the castle. L
from Catalonia announce the arrest, o
oral Riego, at Lerida, by order
Spanish government He has dail
to the Madrid journals, copies of h
respoitUtJKCe with the government
concludes one of his letters thus;—"
hitherto demanded ’iber/v and the
tution i 1 now demand, and until t
wiH denial.d, justice ! justice ! just
'fhe first prepsraioi v si ting of d
tes w. s held on tlie 22d nit. The
was opened by Senor Calatrava pr<
oi the permanent deputation, j
course of his speech, he said, “
three months that have intervene
Constitutional System has proc, e
i’s majestic march, and all the ar
of tlie favourers of despotism, with
without the kingdom, have not bee
to turn it oae side Atterthe spec
ended,ami the usual formalito« wen
thro’, as prescribed by the Const!
a proposition was made to inquin
deputies had b; en unable toev me frt
Transmarine Provinces: aim, oi
the next day, il; was moved, that n
stitntes should continue to act as de
except those rs the Phillippines,
and Cuba. This motion was agre
respecting the two former colonic
rejected with respect to Cuba.
[fho.m thk London examiner.’
A HANGING AVE AVII.L G(
J1 new long by Mr Harry Brown, «
the Recorder and Common Sergei
the Judges' dinners. v
Tune — Jl Hunting sue will go.
The Dusky Knight* put-, down the (
That bids the wretched hope ;
The hiood-hutinds catch his jovial ey
The hangman winds his lope.
And a hanging we will go,
A hanging we will go;
A hanging we will go, will gc
And a hanging we will go.
The wife around her husband throw?
Her arm* to make hims-'ay:
My d-»arSir John qo pity knows,
1 must be hung to-day:
For a hanging he will go,
He’s always say ng so ;
He’d as lief hang us as a cr
crow,
Sort hanging he will go.
In vain the ladies begs repiievcs
For little boys untaught;
Your little h >ys are d—d great thlevf
i hope they'll ail he caught:
For a hang ng they shall go,
l.ike onions all of a row ;
Like herrings dangling to am
A hanging they shall go.
Says Mrs. Far, Friend Joa* becalm
Thou art in ill condition :
Says John, ii’s ail d—d nonsense, Ma
tVe want an inquisition ;
’J hat a hanging we may go,
And ne;era body know,
Like jacks in the kitchen b
below,
While the joints a trembling!
alt last the very Juries rise,
-Jnd heg to stale a reason :
You shan't, good Mr Sergeant cries
Here’s burglary and treason !
What! not a hanging go !
AVe will, Mr. Foreman and Co.
Whether you like i f or no, or t
AVe’ll still a banging go.
Let others /orttierr wine prepare
With devil or hung beef.
We like a still more devilish fare,
A delicate uung thief:
■ For a drinking we must go,
And hanging makes *!• > >on kr
So lunging ana drinking wc’l
we'll go,
T.lltue devil himself sayi no.
* Commonly called by tlie less poli
BUtk Jucfe, —perhaps for a tuple rca