The Georgia journal. (Milledgeville, Ga.) 1809-1847, December 19, 1809, Image 2
435 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.