The Georgia journal. (Milledgeville, Ga.) 1809-1847, December 19, 1809, Image 2

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Newspaper Page Text435 An net to appoint commission-'W.-ikon t*rs to run and ascertain the dividing lJr Vine between the counties ol Wayne deus and Camden. Ivncl Simms, to plead <x practice in any 36 An art lor the relief of David Limebergcr. dr An act to authorize the Justi ces of the Interior Court for the county ofTeltair, together with the CU i k and Sheriff to draw grand and petit jurors. i>8 iiu act to amend an act to revivejreal and personal of Lewis Johnston and continue in force an act for thejdec’d. which remains unsold, in Fli- liiwitation of actions, and avoiding;/:! Ir vine, Rachael Johnson, and Sn suits in law, passed 8th December,Irah Drisdale, children ol said Lewis alton. Win. Robertson, John R. same day as pointed out by law, forthe amendatory act, and to which I Paris. Wc are not in possession oi •own, John G. Willingham, Thad- the election of other county officers.” shall now briefly advert* jthe terms of the peace ; but uncler- ms Holt, John B. I lames, and Da- liy the act of February 16, 1799, Unless an act is declaratory of a stand fromthe passengers m the Her- “ other county officers” are elected common law principle, it cannot re-'cules, that the Emperor of Austria on the 3d Tuesday in October, in e- trosnect. Our escheat law is mere-jresigned every thing but Hungary court of law or equity in this state 60 An act to authorise Win. Gar rett, Lerov Hammond, Walter Leigh and Edward Powell to erect toll- bridges at the places therein menti oned. 01 An act to vest the estate both verv second year. This statute and the amendatory act, are to be consi dered as statutes in pari materia— whatever, therefore, is ambiguous in tiie one, mav be explained by the perspicuity of the other. The amendatory' act docs not spe ly declaratory of the common law, and Bohemia. 1308. 39 An act fur the relief of David Maddox. 40 An act to authorize the Justi ces of the Inferior court of Pulaski county to draw a grand and petit ju ry to serve at the next Superior court to be held in said countv. 41 An act to authorise the Jus tices of the Inferior courts of I.au reus and Pulaski counties to levy an extra tax which bhall not exceed one hall of the general tax, lor the pur pose of defraying the cxpcnces of running the dividing line betwecnjmore effectually to empower the In- Our London papers do not furnish Johnston. 62 An act to alter the time of hold ngthe Superior courts in the several counties of this slate. 63 An act to appropriate monies for the political year 1310. 64 An act to keep open the main channel of Broad River from the confluence of the same with the Sa vannah River to the mouth of Hud son river in Franklin countv. and therefore it embraces all antece dent cases of escheated property—us with advices from Spain & Por- that is to say, it has a retrospective tugal later than our former accounts, operation. In this respect, an act The island of Walchcren was still in declaratory of a common law princi-'the possession ot the British, who pic—(or of what was the law previ- have sent out several physicians to at- cifv the time for which the clerks ofious to its statutory form) differs from tend the sick, and fresh troops to the Superior and Inferior courts an ex post facto law, which can bejreinforce the garrisons, shall hold their respective offices ; applicable only to crimes. A change in the British ministry but, as it directs their election to be The amendatory act is not a de- has also taken place. Air. Perceval held on the same day as pointed out claratory statute, aad therefore can-succeeds the Duke of Portland as by law, for the election of “ otherjnot retrospect to the commissions ofprime minister. Air. Canning has county officers,” it necessarily referskhe ancient clerks. [resigned, and is succeeded by Lord Again—II I mistake not (for here|Bathurst ; and Dundas SaundCys i have no access to books and I am fills Lord Castlereagh’s station. Se- obliged to decide immediately on the.veral other changes are spoken of^ question before me) a statute is ne- among whom is Lord Grenville, ver construed to operate retrospec-j We also find, in a paper of the 14th tivclv, if such a construction tends'October, the following paragraph ; 6a id counties. 42 An act for the renewal of an audited certificate therein mentioned. 43 An act to authorize the Clerks of the Superior and Inferior courts, Clerks of the Courts of Ordinary, Sliei ills, Coroners, and Surveyors to ho,id the iv offices during the interven tion be twee n the election and com missioning of their successors, and to regulate the transfer of papers and monks. 44 An act to amend an act enti tled an act to compel Clerks oi tin Superior and Inferior courts to keep th eir offices within one mile of their respective court-houses so far as re spects the counties of Pulaski and Telfair. 45 An act to encourage the Fe male Asylum of Savannah. 46 An act to authorize the Jus tices of the Inferior court of the coun ty of Wayne, with the Clerk and Sheriff of said county to draw grant! and petit jurors for the next ensuing term of the Superior court for said county. 47 An act to limit the jurisdicti on of the Aldermen of the City of Savannah, so far as relates to the re gulation ot the market us to the act of the lGih February, 1809, which confers a biennial te nure of office upon all tlv: “ other county officers.” So far, then, th. amendatory act is sufficiently cle.u and intelligible. That is to say, in future the clerks ofthe Superior andito defeat a freehold interest; andjthat, “ the American ship Horace 65 An act to carry into effect the Inferior courts are to be elected bvlsw/i an interest is held under the passed Elsineur on the 29th Sept, ha- first section of an act respecting has- the people, on the third Tuesday in commissions of the ancient clerks, king on board Mr. JOHN $U1NCT tardy and other immoralities, and the October in every second year. But] Upon these principles, therefore 'ADAMS, the newlv appointed mi- the commissions durate bene se get- nister to the court of St. Petersburg scrhit stand upon a basis which can-jfrom the United States. The Ho- not be subverted.—And are these race,notwithstanding the importance principles to he rejected when it is,of her charge, was compelled by the impossible to find in the amendatory! British Government to pay the Sound ferior Courts to provide for the maintenance of bastard children. 66 An act to authorize James Smith of Camden county to collect the taxes due in said county for the year 1802. 67 An act to quiet the claim of Svlvanus Church. 68 An act to divide the co: Wilkinson, and to form on new county. (To lie called Yuwggw. 69 An act set*'ring to Jos. Hill, the exclusive right, to erect three toll-bridges across Savannah river and its branches, and causeways a- cross Hutchinson’s Island, and other islands in said river. 70 An act to amend an act, to protect the estate of Orphans, and make permanent provision lor tlu poor. 71 An act to authorise Zaehariah Sims to erect a Bridge over the Oco nee river at his Mills. 72 An act to amend and explain an act t > incorporate the Savannah Poor-Mouse and Hospital Society. 73 An act to regulate the rates of Tavern licence in this state. 74 An act to keep open, remove, and prevent obstructions in Savan nah river, so far as respects tl the question, the important question which now offers itself for tny deci sion, is, whether this amendment ol the Constitution retrospects to the officers of the clerks of the Superior and Inferior courts, who were elect ed during good behaviour, and va cates their commissions ? mpo.uble to lind m the amendatoryjliritisli Government to pay the Sound act, any expressions which militate dues, before she was permitted to with their adoption? I repeat the'proceed on her voyage.” question, which was put by the so-| London, Oct. 12 It is report- t< " , i , ; ncurrc .j jj q _ ho had divest- Great Cham- is in these words—“The clerks of. appointment derived from the con office durini nized by all the solemnities of the ex-'n . , , „ - - ecutive department ? li the legisla-i p 0 ' V • WU1 . ^ ni l 5 * ta -°w, and otheij Was it the intention of the Legis- ture had intended to vacate the com-i ‘ * lature in passing the amendatorv act,1 missions ot the old clerks, would] Uctooer 18. that this section ot the constitution they have left so important a princi-j^ t(Jcr between France and Austria* should be rendered total! live, as it relates to th 48 An act to compel the Justi-j cr ; lint »es of Richmond, Columbia, Lincoln, Elbert and Franklin. 75 An act supplementary to the Judiciary System of this state. ces of the peace in this state to kcc] a fair and regular book of entry. 49 An act to amend an act enti tled an act to authorize the Justices of the Inferior courts of this state to discharge insolvent debtors confined bv process, front any court of this state whatever. 50 An act to repeal an act enti tled an act to compensate the Justi ces of the Inferior Courts, passed on the 8th December 1806. 51 An act to authorize the Jus tices of the Inferior Court of Bald win county, to levy an extra tax lot county purposes, for building a court the Superior and Inferior courts'stitution ; dependent for its duration!, N , N k c ‘ * . Two hun- 1 " appointed in such manner upon the moral conduct and good'« • an °! t q '. cssc s laden with gisluture may bv law direct, behaviour ot that officer and recog-!' U * SIan uce ’ ia ' e ^arrived m our shall he as the Icja and shall continue in i >od behaviour.” ® 'ports, so that our markets will over-. j inoper.i- pie subject to implication or arbitra-j The public are at length awakened - — tenure of.rv deduction? I have too high a from the vain and delusive hope, so office thus guaranteed to the ancient respect for legislative wisdom to sup-,fondly cherished by the War Faction clerks ?...Tlie solution of the ques- pose so. I die tribe of Loan Mongers— humMyj We may yet in this dicussion pro-,the remitters the Money Chan- upon a ceeil a little lurther. The maxim'gers the Contractors— the Pe- ihc Slop Sellers tho the Cannon tioa before me, must, I conceive, depend entirely critical exposition of the intcnt:on'e.vj&m , .y;0 unius est exclusio a/terius,‘dilators^ at the legislature. For, let the a-: a pplies with all its force in the con-]Provision Merchants mendatory act stand alone and un-struction of a constitutional princi- Merchants 8? their venal mouth- protected by the law of the 10th of pie. We ought never to trespassjpkces and trumpeters The Time* February 1809, and it will then be upon the letter of the constitution.! -The Post -The Courier- impossible to extract from it anv It is a compact upon which the fun-!and the other hireling scribes of principle of a definite and conclusive.damental rights of the people repose, Loyd’s and Whitehall. Of p eace nature. It does not specify the timeiand therefore should be as plain between France and Austria we ne- lor which the clerks shall hold theiriund explicit in its language as those ver doubted ; nor did we ever he- olfices... it does not require a com-rights are in their nature. A con- sitate to avow an opinion which 76 An act to give further time to mission lrom the executive depurt-jStitutional principle cannot—ought]seetned so entirely consistent wdth die Inferior court of Elbert county uient. We can only then ascertainnot to be put afloat upon the sea ofj probability. Where now are the to let the bu ilding of the Jail there- the extent to which the legislature^ construction. Its meaning and op-! warlike preparations—the cunnincr of. DOMiSgTIC. CAMDEN COUNTY, (Geo.) Superior Court, Oet. Term, 1809. By Ciiarlti n, Judge. On the opening of this court a dif ficulty was suggested, which presents house in said county, and lor paying itself in the following question:— for a bridge built across Little Rivei at Mullins’s lord. 52 An act to alter and amend an act entitled an act to regulate anti keep in repair the public roads, cause ways and bridges in the coun ties of Burke, Jefferson, Richmond, Greene, and Morgan, so far as res pects the counties of Burke, Jeflfer sun and Richmond. 53 An act to alleviate the condi tion of Debtors, and to repeal “ ai act to alleviate the condition of debt ors, and to afford them temporary relief.” 54 An aet to authorize the hold ing of an extra session ol the Supe rior court ot Wilkes county. 55 An act to establish an Aca demy in the town of Eatenton and county of Putnam, by the name oi Union Academy, and to incorporate the same. 56 An act to amend Sc continue in force an act to authorize Thaddeus Holt, Esq. to erect a bridge acros: the Oconee River. 57 An act to authorize Charles R. Carter to erect a l’oll-bridge a- cross Little River, at the Alois oi said Carter in Wilkes county. 58 An act to alter and amend an act regulating roads in this state, so far as r< speets tlu* operation of said nets in the counties oi'Brvan, Lilu r- tntended it should operate, hv cal-'cration ought at once to be as obvi- ling in the aid ol the 10th section olioiis to the meanest, as to the most en- the Constitution, and the acts of the,lightened capacity.—Now it is only 16th February and 4th December,jby a construction refined and pro- 1799. The 10th section of the Con-1 fcssional we can draw the inference, stitution, and the act of the 6th Fe- or force the implication, destructive bruary, render a commission neces-lunder the amendatory act, (now a sary ; and though the amendatorylpart of the constitution) of the cont act is silent on tnis subject, yet theimissions held by the ..indent clerks. Whether the “ Act to alter and amend the 10th section of the 3d at .icie of the Constitution,” p issed at Milledgeville on the 16th of Decem ber, 1808, has changed the tenure of office secured to the clerks of th Superior and Inferior courts, who were elected and commissioned dur ing good behaviour. The general impression is, that this amendatory act requires a re-e lection of the old clerks, who were < hosen bene seg-cssereut ; and there lore, if their commissions are bv tint act vacated, the proceedings of the superior courts must lie impeded un til new commissions are issued, a- dapted to the biennial tenure of of fice. I say, that this is the general impression, because elections have been held in every county of tfie state, lor clerks ol the Superior and interior courts, as directed by the a- mendatorv act. I would be unwilling, as an indi vidual, to oppose my private judg ment or hypothesis against a weight ot authority, so respectable as that which rests upon popular opinion : But, compelled by official dutv, to decide tu cording to what I mav con ceive lobe sanctioned bv the (,’onsti- tion and the Law, I shall endeavor to decide in that manner, on this oc casion, uninfluenced by the sensati- legislature did not certainly intend to interlcre with this proroirative o 'zhtacwi'/ue via data therefore til com whatever point the subject is the governor. From whatever pointsjviewed...whether upon the intention we pursue the investigation, inten- of the legislature, the indisputed tion become?* tiie ruung principh pul- s and maxims which govern the tv, MHntosh, Glenn, Cuiudt n and ons my opinion mav probably pro Wayne—passed the 8th ot Decem ber, 1806—so far as respects the county «i Camden. 59 An aet to «d nit Criswel M’Do- duet* upon the mind of the public. The first section of the act of th 16th December declares,—* 4 Thai it lie clerks of me Sum rior and Infe- of construction. Resting the inter pretation therefore, of the amen datory act upon the ground oi inter,- tion, from what data are we to pr. - slime tliat it was the intention ot the two succeeding legislatures to vacate die commissions of the ancient clerks ? Ii the re-election of th old clerks is required by the amen datory act, then the difficulty which now occurs will occur every second year at this period, and one half oi' the people of this district .will he deprived of the regular administra tion ot justice ; as it will probably be found impracticable to forward com missions in time, for the regular sessions ot the Superior courts, as far as Liberty. This argument, ab inconvenient is to me irresistible—and repels anv construction of the act unfavourable to the commissions of the ancient clerks, lhe two succeedinglegisl >- tures must have known, that these consequences would result from a vacation of the commissions of the old clerks ; and if apprised of diem, are we justified in giving the act an exposition productive of such mis chievous effects ? I think it was not the intention of the legislature to vacate the commissions of the ancient clerks. I take the intention Jiuld, James L. V\. iricw.uil, Geoige rioi* courts shad be elected on tin interpretation ot statutes, or the plain leUer of the amendatorv act which forms a part ol thv constitution, up on all these grounds it appears to me, that the commissions of the clerks elected under tlu* guarantee of the constitution have not been vacat i-d. Fhe clerk oi this court holds •me of these commissions, and I am therefore of opinion, that his re-elec tion does not so far impair the te nure ol his office, as to rendet neces sary a renewal ot his commission. I he court w ill of course proceed in the discharge of its duties. FOREIGN New York Nov. 24 LATE AND IMPORTANT LON DON NEWS. Last evening arrived at this port the new and last sailing ship Hercu les, Captain Yose, 31 days from Li verpool, which port she "lef t on the 21st October. Captain Vose and the Passengers, have very politely tavoured the Editors of the Mercan tile Advertiser, with London papers, Loyd •> Lists, and Prices current to the 19th ot October, inclusive, (two wet ks later than our former advices,) from which v.e have extracted d„ lllfKt llBBOft lUt Oft -the diplomatic delay of Austria the renewed contest for the last stake ot Germany; with which, not ten (lays ago, the spirits of the War Fac tion were cheered by the London Newspapers—those pure fountains ot truth and probability ? Win t n e futility of further contest with France ever reach the minds of those “true believers” of these sapient articles i VYegready fear, that there is more’ ot wilful than mental hlindness m the political commercial War Junta, Mahomet propagated the doctrine* ot Islainism by the sword ; but for England it was reserved, in the 19th century, to propagate commerce by the same gentle and persuasive argu ment. 6 The following summary i s f roin Portuguese papers to the 27th last month : Venegas was at Carolina on the 8th, with 26,860 infantry; the Ca!" valrym La Mancha Romana arri- \ed at Badajoz on the 14th Sent. & proceeded on the 16th to Sevilla, t he army ot Galhcia was shortly expected at Cindad Rodridge. * 1 he F rench, who occupied Coria. lave retreated into the interior of Spain Nev s army is in Salaman ca— l iwt ot Soult consists of 8 OOO men, and its head quarters are * Way to pi . . wia aic m 1 lacentia. Gen. Mortier has 104)00 men, and his head quarters were at I alavera on the 1 Oth of Sept. Vic tor has 20,000 men and his head are at Tolcd °« Sebastiani has 1,000 men, and his head quar ters at F uchlabarda. 1 Fhe head quarters of the English army are at Badain*/ « „ i 6 i . «auajoz...an advanced h\ wion is at Lol,an...and another att , cenda. fhe bridge of Arzobispo V ld D by 8 ’ UU0 men * The uke de Parque, with a considera te force has occupied Ciudad Ro- (ingo, where the army of Gallicia is sliortly expected. ot Gerona was. , ved b . v arrival of 6000 beasts " lt-1 F ro ' j;> tons and ammunition.

Georgia Historic Newspapers

The Georgia journal. (Milledgeville, Ga.) 1809-1847, December 19, 1809, Image 2