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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