Newspaper Page Text
V v~.
X
The second question wns on the a-
doption of Mr. Quincy’s amendment
(going to exclude blood connections
from office.) Ayes 25.
The question then recurred or. the
main resolutions and was decided in
the affirmative. Ayes 63 Noes 31.
The committee then role aud reported
the refnlwtinn without amendmrnt.
Mr. Rhea of Ten. moved an indefinite poll,
ponement of the fuhji'A. which wan decid
ed by Yeas and Nay*. Y-a* 32, Nay* so.
Mr. HuHhardthrn moved to amend .the
refoiution fo ai to read a* follow* :
“ No Settlor or Ri-prefenUtive who may
have been fuch at the time of the eltflioh
of any pn-fidcnt or during the t«rm for
Which hr (hall have elected, (hall be appoint,
ed to any office, place or employment under
the authority of tlu United State* until the
expiration of the Prefidential term in which
fuch perfon (hall have hren a Scnitor or
Reprelenrative aforefaid.”
The qneftion on the adoption of, Mr. Hub-
bard’} amendment wan decided by Yea* and
Nays—Yeaa 47, Nays 67.
Executive Department, Georgia.
Milledgeville, i5th Dec* Hilo.
' CAVEAT COUK f.
Present—His Excellency D B MITCHELL,
Governor, U*c ilfc .
This being the clay to which the tri-
a’ of sundry Caveats were postponed
hy order of the Executive on the 14th
just.
Mildredge Pace & others,*)
Applicants & Appellants, |
vs. . V
Francis Tennille, Caveator |
and Respondent* J
For certain lands in the county of,
Washington in this state ; Francis
Tennille, Respondent, appeared in
person and tendered the following
plea to the jurisdiction of the Execu
tive in the trial of the above men
tioned caveats, to wit;
. Refort the Executive of Georgia.
Milurnigc T*ao a . -v
applicants W Appellants, /
- VS. >
Francis Tennille, V
Gpvca'or & Respondent.
The deteriuaut. Fiamis 1 cum lie
conies in proper person and defends
the wrong and injury &c. St for plea
6aith, that by the consitution of the
State of Georgia it is provided that
the Legislative, Executive, and Judi
ciary departments of govertnnent
shall be kept separate and distinct,
that the act of tne Legislature pro
viding for an appeal to the Execu
tive Department in the trial of Cave
ats is a nullity in itself. The exer
cise of Die right of deciding in those
ciimm) being a blending o! the Exe
cutive ami judiciary Departments of
government, and consequently in di
ametric opposition to the constitu
tion. This defendant therefore prays
judgment, whether the Executive
will have and maintain cognizance
of this case, and whether he shall be
compelled to put in *ny other or fur
ther answer. •
( Signed)
FRANCIS ^ENNILLE.
Whereupon it is ordered that the
appellant's Counsel lie furnished with
a copy of the above plea—that the
original be filed, and tlwt the parties
be at liberty to take the testimony
of an-' witness which they may deem
necessary before a justice of the peace,
provided the opposite party shall be
notified of the time and p.ace of ta
king such testimony.
Adjourned until Monday morning
10 o’cleck.
Monday, 17th December, 1810.
Caveat Court met according to
adjournment on Saturday last.
The parties attended and the plea
presented on Saturday the 15th inst.
by Francis Tennille, Caveator and
Respondent, being the first question
which must be decided upon, the
Counsel of both parties and the par
ties themselves desired that the case
should be continued until Friday the
11th day of January next.
Whereupon it is ordered that the
case be continued until that day for
trie purpose of hearing Counsel spe
cially on the plea to the jurisdiction
of the Executive in the trial of t|te a-
foresuid Caveats.
also attended ami was examined rc- (proceeds to a decision upen tne evi*
ganling some alterations which ap-1 dencc before him. r
pear on the back of the warrants,! The Stuveys made for the «ppe -
ns to the time of their execution and lanes, Mildredge l’ace and others it
by whom such alterations \v^ rc made.
The case was tVm continued at
the instance of the Respondent, lor
the reasons above stated, until Fri
day the 25th of this instant.
Friday, 11th January, 1811.
Caveat Court met acctrding to
adjournment.
The respondent Francis Tennille,
stated that his Counsel did not attend,
and that he was desirous of a conti
nuance of the case so as to afford
li m an opportunity of being heard
hy Counsel. It was at the same
time proposed by the opposite party
U introduce some additional testimo
ny, which not being objected to by
the Respondent, they produced the
Affidavits of John Jones and John
Ragan and some original piats and
Warrants produced by the Survey
or General—the Surveyor General
Friday, 25Ih January’, 1811.
Caveat Court met according to ad
journment
In this case the parties by tin p
counsel were heard on the plea to the
jurisdiction filed by the Respondent.
During the progress of the enqui
ry on the merits, proceedings were
contemplated, and moved by the
counsel lor the appellant, strictly of
a judicial nature, before the. plea to
the jurisdiction was filed, 8t altho’ the
motion for such proceedings might
have been repelled on argument, yet
the pit a has been retained, as a means
of a (Tor ding as fair and full an inves
tigation of the extent of jurisdiction
to be exercised by this department
in such cases as any other way which,
could have been adopted.
It is to be observed that the laws
which direct caveats ih cases of
.surveys of land, to lie tried before
and decided by the Governor, on ap
peal are of dates long prior to the
present constitution, anil that what
ever may have been the course of
proceedings under those laws and
former constitutions, they form no
precedent for proceedings under the
present constitution, which contains.
provisiotT l » and* restrictions prevent
ing the interference of the diffcrer:
depat Intents, not to be found in any
of the former ones.* '
Hy the first section of the first ar
ticle of the present constitution it is
declared that, the Legislative, Ex
ecutive, and Judiciary Departments
of Government shall be distinct, and
each Department shall be confided
i.) a seperate body of magistracy ;
and no person or xpllection of per
sons, being of one of those depart
ments, shall exercise any power pro
perly attached to either of the o-
thers, except in the instances herein
expressly permitted. And by the
first section of the third article it is
also declared, that “ the Judicial
powers of this state shall ^ vested
in a Superior Court, and in such In
ferior Jurisdictions as the Legisla
ture shall from time to time ordain
and establish and in another part
of the same section and article it is
declared, that, “ the Superior Court
shall have exclusive and final juris
diction in all cases respecting titles
to land, which shall be tried in the
county wince the land lies.”
It clearly appears by the section
first quoted, that no powers or func
tions properly appertaining to the
judiciary can be rightfully exercised
bv the Executive, and it is equally
ciear by the section last refeted to,
that the judicial powers of the state
shall be vested in a Superior Court
&c. and that, that com hall have ex
clusive and fi.vd jurisdiction in all
cases respecting the title to land.
In the trial''of appeals on Caveats
before the Executive, they must, un
der the provisions of.the present con
stitution, be confi.ted to matters not
involving the title to land, which so
far from being expressly permitted
to the Executive, is expressly and ex
clusively confined to the Superior
Court; neither on such trials can a-
;.v proceeding be had which preperly
appertains to judicial tribunals.
It is however believed to be pecu-
liary the dpty of the Executive from
whom all grants issue, to enquire
into unci examine all the previous
proceedings when they are brought
.before him by Caveat, anil such en
quiry may be had without producing
any collision between thedepartments
of government.
Whilst therefore the Executive
will sustain jurisdiction ill this case,
he will at the same time take care
to abstain from the exercise of any
powers property appertaining to any
other department.
The plea to the jurisdiction is o-
verruled, and the parties will be
heard on the merits on Saturday the
2d of February he^ct; to which day
the case is continued.
appears wise made upon a tract of
land surveyed for one Charles Irby
on the 3d dav ol April 178"» but it
does not appear that grants were fi
ver issued to Irbv lor those lands.*
It also appears that Irby’s survey was
granted lo Francis Tennille the res
pondent in six giants ot lOOO acres
each, two of which bear date the
22d February 1794} and the other
four on the 21stot November in the
same year. .Thatthe surveys made
for the appellants Mildredge Pace
and others have been made on Irby ’s
urvey, now granted to I* rancis Tcn-
nille, appears not only by the corres
pondence-ol all the plats, but by the
testimony of the witnesses, who
have oeen examined in this case, and
was admitted by all the pasties who
appeared during the progress ol the
xminauon of the witnesses and the
production ol the testimony.
1 he objects the appellants appear
to - have in view are to establish the
identity of lb? land to be the same
which has been granted to Tennille,
lor the purpose ol proving, that the
grants issued to him have been ob
tained illegally, anil that, consequent
ly the land ought to be granted to
those who have conducted their sur
veys in strict-conlormity to. the laws
ol die state } find that, by obtaining
a grant, they may be enabled to eject
the present possessors who hold un
der the defective title of F, Tennille :
and the evidence produced by the
appellants correspond with then
views.
These objects are fallacious for
two -reasons ;
First. None but vacant land can be
legally surveyed for the objects ot
procuring a grantnor can any land
be granted that was not vacant when
surveyed lor the purpose of obtain
ing such grant. THe land being con
fessedly granted tq- Francis Tennille,
the validity pf, his grants cannot be
enquired into by the Executive De
partment—such an enquiry properly
belongs to a Court of law, and there -
fore is cognisable by the judicial y
only..
Secondly. , Suppose the' Erecu
tive had the power to issue a grant
for lauds previously granted ; a Court
of law on the trial of ,an action ol
ejectment would nut permit either
party to travel out their grants ; that
is, the Court would not permit them
to go into an investigation of any
circumstances previous to the grant
which would operate to invalidate it.
The oldest grafit in such a case would
hold the land. ’ It must be by a differ
ent process,'and between different
parties, that a grant can be enquir
ed into and set-aside or invalidated.
For these'rtsasons and many others
which our land laws furnish in this
case, but which are deemed unneces
sary to bestated, no grants can is
sue to the appellants in this case—
The appeals ary therefore dismis
sed.
True copy, taken from the Jour
nal ol the Executive.
Anthony Porter,
• Secretary
This made many persons believe the
fog was smoke. It remained about a
quarter of an hour in this state, a
quarter of a league to the north of the
village, and a short distance from the
orest of Beauleau^Tlm column at
length surflk a little^nd at last it sud
denly disappeared, leaving a thick
fog, which had no smell. This phe
nomenon lasted three quarters of an
hour, and travelled over the space ol
half a league.—— London Courier.
SEPTENNIAL DIVISION OF TIME.
The seven firft year* of life, mao’* break, of
day,
Gleartu of fhort tenfe, a dawn of though!
• display j
When fourteen spring* have bloom’d his
downy chrek,
Hi* fat) and bafliful meaning learns to (peak
From twenty one, proud manhood take* his
date,
Yet is not strength complete till twenty-
eight;
Then ■ >> b s Jive.and thirtieth, life’s gay fire
Sparkle*, burns aright, and flames in fierce
desire
Ai forty .two. his eyes grave wisdom wear,
And tne Uark future dim* him o’er with
care :
With forty-nine behold his toils encrease,
And bu»y nopcs and fears disturb his peace ;
At fifty -six t ool reafon reigns ei tirc
Itv-yi uf hum* ftady, and with temp'rate
file ;
Bat sixty-three unbends the body’s ftrength,
Ere the unwearied mind hat run her length.
DO - J TCSTIi
KAI.KIGH, N. C. l*YI>. 7.
This day commences in this City
the annual Conference of the Metho
dist Ministers of Virginia and Caro
lina, a number of whom have arrived.
On Tuesday evening the celebra
ted Lorenzo Dow preached at the
Alethodist Chapel. Though only an
hour’s notice had been given of his
arrival, the Chapel was full to pressure
within a few minutes of the time ap
pointed for preaching. His discourse
was from the lamentations ot Jere
miah, chap. iii. verse 25 “ It is
good that man should both hope and
quietly wait for the salvation of the
Lord.” His illustrations of his text
were ingenious and practical. He em
ploys occasionally original and very
appropriate similies, and enlivens his
discourse with well told anecdotes.
The curiosity and expectation ot his
hearers were noi disappointed.
Drake, John Moore, William \v\
Hill? Thomas Hurge, Caleb N. Bell.
There were besides, several local
Deacons ordained. . - »
ELDERS.
Robert Thompson, Cha’s Round-
tree, Win. W. Hendrick, Joel Ar
rington, Robert Barnes, Jno. Early,
Henry Waned, Canellem H. Hines,
Thomas Clock well.
Coal Mines continue to be disco
vered and worked in various parts
of the United States. This is of the
more importance, as wood Is becom
ing every year scarcer and dearer in
the neighborhood of our large cities
and towns—and were it not for tlu&e
subterranean resources, a serious
deficiency of fuel must be generally
felt in a few years. The neglect o€
Farmers to plant their vacant field#
with some thrifty trees to supply the
consumption and destruction whith
their lorests experience, is notwith
standing, unwise as it concerns their
own interest and culpable as it re
gards the public cdmlort and conve
nience.
1 he friend; of domestic Manufactures
will be gratified with a view of the Re
turn made to Beverly Daniel Esq. ’
the Marlhal ot .this Diltnu, by tus As
sistants, in conformity with an act of
Congress, of the Manufactures of this
State, which appears in this paper. The
?K8 re 8 ate value ot goods manufactured-
in the feveral counties, it will be Veen,
is nearly Five millions ot Dollars, exclu"
bi\« oi many articles which are omitted
in this return—Raleigh Rrgi'
Several hogsheads of Tobacco,sol*
a few days ago in Lynchburg, Vir
ginia, at 8 y per hundred.
We observe in the Baltimore pa
pers that 120 lbs. of the-“ Divine
Alcornoque W ood,” lately discover
ed in the West Indies to be an infal
lible cure of Consumption and Com
plaints ot the Liver, have been re
ceived for sale by Michael C. Mil-
bau, No. 43, Water street, Balti
more.
' TI,P G,and Jury at Washington indie*
ted Mr. John Randolph for affaulUng
Mr Alston. The cate was iub.uutud
to court ,- & the former fii.ea ten dollars.
1 he protteuings took piace. we jearn,
without Mr. A s knowledge or consent.
Saturday, 2d February, 1811.
Caveat Court met according to ad
journment.
This case having undergone a pret
ty full investigation upon the argu
ment of the plea to the jurisdic
tion, and the plea having been over
ruled, the case wa. ordered for a fi
nal hearing upon the merits this day
—and neither of the parties or their
Counsel appearing, the Executive
Extraordinary Meteor.——On the
19th of September, between the hours
of 5 and 6'in the evening, a lumi
nous meteor appeared to the south,
•and about the distance of a quarter of
a league from the small commune of
Brczeau in the Meuse. Persons
who attentively examined it assert,
that it was nearly a quarter of an
hour in colleCling, floating over the
place where it was first seen, and that
when all its parts had united, it ap
peared .ill at once as a very consider
able globe of fire ; taking a northerly
direction, it spread terror among the
inhabitants of the village, who believ
ed their houses would be burnt and
they themselves perish. This globe
.was accompanied by a frightful noise,
which was heard at the distance of
more than a league and a half, and
sometimes resembled the rolling of a
rapid chariot ; at others, the noise oi
rain violently agitated by the wind.
It was followed^by g very thick fog,
and carried tip from the ground eve
ry thing it mdt‘ in its passage. In
crossing a river it absorbed water,
which afterwards soon fell in rain.
It wandered for some time near the
village. One thing certain is, that
the roof of a house was thrown down,
which is the only trace it has left.
It was accompanied and followed by
an abundant rain, much lightning &
loud claps of thunder. Continuing in
the same direct rati, it suddenly turn
ed into a column of fire* which with
the fog, rose towards the hcaveaa.
February 14.
The Conference of Methodist
Ministers, which has been sitting in
this city tor the past week, is expected
to rise this evening. It is supposed
there are present about seventy tra
velling Preachers (including Bishops
Asbury and M‘Kendree) and thirty
local Preachers.—The Conference
met every morning at 8 o’clock, and
every atternoon at 2, and continued
three hours at each sitting, in the Se
nate- Chamber j and preaching was
m»d three times a day in the Com
mons’ Hati. On Sunday there was
preaching in the Meeting-house also,
and both congregations were crow
ded.
Amongst the Preachers are many
of superior talents. 1 o select woulu
be invidious, tor all men are not a-
like guted with eloquence, though
rich in grace and understanding.—
Many too are young in the public
perlormance ot duty, and it is no
wise derogcaary to them that they
do not equal some who have lor years
labored in the vineyard.
Perhaps there never was witnes
sed a more regular-or attentive ob
servance of public worship; nor for
the size ot the place, so numerous a
It is underflood that Levi Lincoln Efq.
has resigned tne appuiutment ot Juuge»
and that another gentleman has been no„
mmated by tht Senate to fill the vacanl
c y* .
Premium Cloth— 1 he premium of 20
dis. offered lome months since by the.
p.t.iotu; Mr. Scholdfieid of Pitisfield,
Mass, to the prrton who fliould produce
at Mr. Mirrick’s tavern, on the l.t of
January 1811. the btfl p.ete ot cloth*
ot his own NUBufadure, of no. lefs than
25 yards ; and f6r the fecund best, 10
Ols. was awarded on that day, by Compe
tent judges appointed by Mr Sthould-
field as loliows, v» z t0 Mr Daniel
Stearns, Llottin r. ot that town the pre
mium otSudl*. for an elegant pi t u of
black clotn, made of halfbtoodeu merino
W‘ ol and the second premium to Mr.
Whittlesey, Clothier ot btockbudge—
Tut re were many competitors, and a con-
s derablc cumber of excellent pieces of
doth were presented which d.d great
creditto the manufacturers. \Ae-e this
laudabie example imtpnat d by the pa
triotic ci tier ns of the dtffereiit States it
would tosier American manulaciures,
and have a beneficial ellect in improving
.the quality oi our cloths. *
congregation. Many young persons
have been awakened to a sense ol
Religion, and the number of profes
sors in and about this city, will re
ceive a considerable nicieasv. Indeed
there can be no doubt but the meet
ing of this Conference in Raleigh,
will prove a blessing to many of tht
inhahitan of the town and neigh
bourhood.
The next annual Conference will
be held at Richmond, Va. to com
mence on the 20ih February 1812.
The following is a list of the Young
Preachers received at thi»Contcr
ence and of such as were ordained
Deacons and Elders :
YOUNG PREACHERS.
James Avent, James Sand ford,
John Mallory, Jesse Branch, Henry
Holmes, Joshua Laurence, William
Ellct, Samuel Waggon, John Kel-
Ky, Samuel Hunter, Hemv Hunter,
John C. Irayler, Lewis Kimbrol,
Abraham Trail.
DEACONS.
Thomas Cooper, Joseph N. Kil
patrick, Joel Burges, Samuel Duty,
Wm. Compton, Jesse Brown, James
Morris,Thomas Moore, Henry Har
dy, Robert Griffith, Jacob Hill, J\.
Census of Neva- Hampshire.—The
total population of New-Hampshire,
accoiuing to the late census, is
214,514. In 1800, it was 183,858.
Increase in ten years, 30,556.
Census of Ohio—The population of
Ohio by t,tie late census is upwards
of 230,000.
The census of Kentucky exhibits a
population of upw ards of 400,000.
CHARLESTON, Feb. 11.
BRITISH OUTRAOE8.
The biig Margaret, captain Gose-
lin, from Havatma, was boarded in
side the bar on Saturday evening last,
by his Britannic ajesty’s schooner
Pert, captain—• ■ —,who pressed
troth on board the brig Margaret, two
seamen, and took them on board the
Pert, where they remained sometime,
when the boat returned to the Mar
garet with one of the men ; the o-
tiur, named James Withington, of
Massachusetts, with a regular pro
tection lrom the collector in Boston,
was detained on board said schr.
Captain Gosselin,- asked why the
man, who is an American, with a re
gular protection, was detained ? The
answer was, “ We yvant men, and
will have them.”—Getz.