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fcWVm the United Staler In Octo
ber. 1780, he removed from Boston
to MachUs, in the District of Maine,
in which plate and its neighborhood
Ji6 resided one year, and commenced
a settlement on a of vacant
l*nd. During that time he furnish
ed, ont of his own funds, supplies
(amounting, io value, to more than
ii*ty pounds, Massachusetts cur
rency.) to Colonel John Allen, who
*v the commanding offi er station
ed there, and also Superintendant
of Indian Affairs for the Eastern
Popartment, for the use oi* the
American troops, and on several oc
casions acted a9 a volunteer, under
the same officer’s command, Eor
the said supplies, he received one
year after, a warrant on the Trea
anry of the state of Massachusetts,
Vhich he sold at a considerable de
preciation. In October, 1781, he
returned to Boston,and in the Spring
of 1782, was, by a vote of the Cor
poration of the University of Cam
bridge, (otherwise called Harvard
College,) chosen instructor of the
French language of the said Univer
sity. By the same vote, he was al
lowed a room in the College, the
privilege of the commons at the lu
t r*i table, the use of the library,
urn! also the right of haring his pay
(which depended on the voluntary
subscription and attendance of the
students,) eollected by the steward
of the institution, together with the
other charges against the students
for hoard and education. 1h so
terms he accepted, and remained in
that vtsfior for* the term of one year.
| July, 178$. he removed to Penn
cylvanla. and in November of the
same year, proceeded to \ irginia.
in whi*h state he had purchased
more than 4000 acres ot lad, (and
©mounting to more than one hundred
pounds, Virginia currency,in value.)
iome’imc between July and Novem
ber, 178*. Beiween this last men
tioned period ami ihe month o! Uc*
t.iher, 1785, he purchased other
lands in the said state, to a very Urge
amount, and in the said last men
tioned month, lie took an oath, ot al
legiance to the said state. In De
cember. 1785, ho purchased the
plaits.,a in Payette county, in
Pennsylvania, oo which he has lived
ever since. In October, 1780. he
was elected member of the Uonveq
linn to amend the Constitution of
Pennsylvania; and in O tober, 1/90,
1791, and 1792, he was elected mem
ber of the Legislature of the same
stale. On the 28th February. 1793,
be was chosen Senator to represent
the said state in the Senate of the
\ n'ded Slates, and took his sea* io
December following ”
Jfat. Intelligencer. Fib 17.
‘Vashivgt'V, Fib. 16
‘-ftvp ! ii * tic t* up
p’ /..fif ■■ vmp v-.ig his sheet, a
c ti :u;i.nn 6f he Debate in tho
5’ of Representatives on the
tip.mis of the bill fora revision of
th’ Tat ; ff of Duties on Imports,
In regard t the Debate of Friday
last, it is said to have been ‘he re-
f a venerable Senator, who
ivas present at it, that there was
orcein!v more talent in that body
than in the ’ enate. Do you really
ts i k so ? said a friend to whom he
addressed toe remark. “Yes,*’ was
Ihe reply : ••for we should never he
thle. F the Senate, t * get up an el >-
q ent Debate up *n Cotton flagging.”
This is the substance of the anec
dote, as we heard it, which is not
Without a moral
It has been well observed, how
eve**. that every item of this bill in
y-.dves princip’c, and that the details
are of va*t importance to various in
terests f the country. This single
trill, indeed, contains within it mat
ter enough lo furnish out four hun
dred ordinary bills, for every item
©f it is of ns much importance as
many a bill within our recollection
\vh>r*h has furnished matter for a
verb's Debate. There is room for
?lnquntce t therefore, in this Debate ;
tstul few subjects could bs introdu
ced which would excite as pinch
Jesting as this. The smallest items
i rovoke it, perhaps even more than
the large ones—as may he seen in a
tpart of the Proceedings of Friday,
rm the perusal of which we seem lo
lear the reader exclaiming to him
self, “In the name of the Prophet,
F*gs r
Wo find we shall not be able to
keep up with his Debate, in the ex
tent to which a portion of if is given
to day. The necessity of abbrevia
ting it, or reducing it to a summa
ry, is forced upon us, against our in
- trib ‘itton, by tht physical impossi-
Jril'tv rfsqtieesti g into our columns
more than thej wiii contain.—-f\*2nt*
Washington News.
SATURDAY, M %R<H 6, 182*.
■ . ■■ ■
grand jury,
IVilkes County. February Term 1824.
The Grand Jury, on the ee of separation,
beg: leave o congratulate their fellow-citizens,
, that they have no presentments to make, and
the lew bills presented ‘his term, is the strong
est evidence ot the rapid improvements in the
morals of the community. l< is, therefore,
with great reluctance, -hat they are compel!
ed to notice the want of a doe execution of he
ordinances of the town of Washington, so far
as respects the collection of negroes around
1 the tippling shops in town on the sabba h day:
, And aobough the keeper* of'hose shups are
o much on the alert as not to be detected in
1 re ailing on Sundays, there is every reason to
believe that an energetic execution of the sta e
laws and'he ordinances of the town, would
entirely pu: a stop to such an abominable tra
fic.
i The practice of presenting commissioners
and overseers of mails, has become ho common,
and so little good has resulted from if, that
they deem it unnecessary to say any thirty on
the subject.
They have examined he Collector** books,
and fi id tha he is entitled to a credit at the
Cnmp roller General’s office, on account of
insolvency, for the year 1&22, the sum of
§ 162 75; and also, a credit with the coun
ty treasurer for § 60 75.
They have examined lie county funds, and
fi"d a W dance in te hands of the clerk of
§3,689 They recommend to the jus* ices of
me Inferior COur , the propriety ot deposi ini*-
the county funds in the Bank in Washington.
They have taken in considera ion the able
remarks of his honor Jndg-e Dto y, in his
charge to the Jury, on die subject of the &1-
ledjff-d defect in our judiciary sys-enn They
fee! some diffidence in expressing a ha* y o
pimonon a subject of *urh vital importance
•o the community; but they respectfully re
quest of his honor, permission to pub>i-h his
charge in one or more of the newspaper of
the sta’e, for the purpose ofproducing a gen
e-al discussion on the subject
They beg his honor Judge Dooly,, ‘o accept
their thanks for bis dignified and impartial
adminis ration of justice, during the present
term
VILKES SUPERIOR COURT 1
Febfuary Tem 1824 |
The Grand Jury having noticed in
their presentment** the chaTge of his
honor Judge Dooly, upon the t*ub
of the alleged defect in the ju
diciary sy rem and requested the
same for publication in one or more
of the newspapers of thu ‘dare, to
bring about public inve-tqrmion’ on
the subject; and a copy of aid charge
being furnished, on morion of Soli
citor General, It is ordered, that the
said charge be published in the ash
ington News and vugusta Chronicle,
pursuant to the request of the Grand
Ju r v
True copy from the minutes of
said court* March 1824.
JOHN DY - ON s Cl k.
CHARGE
Os Judge JtQoUj to the Grand Jury
Gentlemen: We are again or
ganiztn! as ao u r t, tor the purpose
of dispensing lie benefits of civil
anti criminal jurisprudence within
your oounty. Ihe practice of de
livering charges, ou occasions like
present, I have no doubt origi
unfed in the Nyoithy design, on the
pari of Judges, to afiVd greater fa
i-i*y in juries, in ihe discharge of
their duty. You are aware how
rv r, (hat the uracil eunder the do
sign, ha-i beeffg really enlarged, and
that charges, as well as present
ments, frequently embrace a range
,*f topic, ihe legitimacy of which is
noi easily discovered. Availing my
self in some degree of the license
whi ‘h usage seems to sanction. I
shall refrain from entering on any
minute detail of your privilege* or
your powers, in the dis barge of
your duty, Ii further apology for
the digression were necessary, it
would he readily found, h the con
sonousness on the part oflbi* court,
of vur experience aid tideliiy. As
sembled as we are, for the faithful,
impartial and uniform ad ninistra-
tion of justice. I hold that it tails
within the scope of cur privilege at
least, to censure any defect which
may embarrass our operations, and
to suggest any amendment which
might facilitate our purposes. Be
lieving as 1 do, that our judicial sys
tem is defective, aud iusuffi dent for
the purposes of complete ad uni
form justice. I avail myseif of this
opportunity of submitting to you a
few remarks upon the subject.
It is the object of courts of jus
tice iu every well governed comma
nitv, to administer the laws of the
land, with enlightened wisdom, un
biassed integrity and with uniform
consistency. This course, excludes
entirely that vagrant kind of justice
which the feelings aud prejudices of
men, are too apt to apply to every
ease, which passes their investiga
tion- if according to our present
system, we are in any hazard of not,
at all times, having this wisdom , iri
tegvity and consistency, within our
reach, the evil sac aid he remedied,
let it be found where it may: Tn
the procurement of wisdom and in
tegrity, a tenure of office reasonably
independent, and a salary, liberally
proportioned, would doubtless be
found efficient agents. Consistency
of decision, a uniform administra
tion of law, can be no where, or now
how, so well secured. a* by the or
ganization of gome higher tribunal
tor the correction of errors. Shall
we say that we will not he served by
Ihe best talents of the country, be
cause wc will not trust them; or
shall we say that we will not tempt
them into our service by a suitable
remuneration—An affirmative an
swer to either of these questions
would involve the alnurd declara
tion that thegrea’es* of all political
blessings, the due administration of
justice , is cot worth the price to
which it would subject us. Wc
have been told, aud with much tru‘h
too, that “Ww i9 a science, the
“right understanding of which re
quires general knowledge, much
, ‘‘study and dose r* fiction—With
“out (hese it nevc> can he known,
“and to know it intimately requires
“the labours of h\lf a life.” If
this he the ehara*tet of he science
which the judge mutt qoalifv him
self t> administer, oa if he expect
ed that many Mill In* found pursuing
the road which led* to the high
distinction. ui less ftieir reward be
eerain. ad'q >.i*e ar*d permanent.
I> is not my purpose however to ut
ter any individual complaint, either
against the tenure of the “ffioe or
the salary whidi is provided. The
first question at leas’ may be sub
nutted to any unbiassed tribunal,
wit hout fears of a different decision.
I shall next proceed to offer some
reasons, to my mind conclusive, why
the want of a head 10 our judicial in
sii utiong. is a defont which requires
to be remedied—-“ The administra
tion of justice, being that part of
government, which most nearly and
most frequently affects ns, the courts
to which it *s committed, ought to
he so constituted, as, in the highest
degree, to deserve our confidence.
That this may be attained, their de
cisions must be impartial, uniform
and according to law.” If ‘lds doc
trine be admitted as orthodox, (and
I shall so consider it,) then ft ask
this Grand Jury to examine, and
then answer, whether any tribunal
of ours, is so constituted, as “in the
highest degree to deierve our confi
dence 99 ft am satisfied (hat you are
ready to waive further examination,
and pronounce at otiec from your
own experience, up*n the obvious
and palpable defect which our sys
tem exhibits. Under such a system,
the c ountry may look, but must ever
look in vain, for unifrtni*y of det i-
sion, But perhaps the abve lan
guage of Judge Adlisoo of Penn
sylvania, without support* may not
be sufficient to satisfy yon, that, in
the administration of justice, uni
formity is at all essential. It gives
me satisfaction to array before you,
an auxiliary force, furnished by the
Judiciary Committee of the United
States. Their report at the close of
the last session of Congress speaks
thus:—*Nor are there wanting ob
vf'tis reasons of interest and policy,
operating equally upon the govern
ment the p. ople# in all parts of
the union, in favour of placing the
courts of the United States, when
ever they exist, on the most re*peot
able footing, and of giving them the
form and facilities which may in
ease, enable tbem best to an
swer the important objects of their
original institution. lo the final de
cision of judicial questi** r s a small
number of Judges qualified for their
stations, as those of the United
States, will wemay hope always be,
ore likely to prosecute their legal
inquiries more thoroughly—come to
more correct conclusions, and act
with greater impartiality, uniform
ity and despatch, than a numerous
and consequently discordant body,
can be presumed always to do.” It
is conceded that this report was not
acted on. It is nevertheless of high
and imposing authority, fraught as
it is, with reasoo, experience aod
philosophy. If a reason be required
to support the assertion, “that in
terest as well as policy, operating
equally upon the government and
the people, require that the institu
tions for administering the laws,
‘ should he placed upon the most res
pectable footing, there is one at
hand emanating from Mr, Erskine
in bis defence of Thomas Paine.
That great jurist speaks in the spi
rit and manner of a freeman, and
well becoming the distinguished ad
vocates of our own times and our
own country. He tells us ‘Hint the
choicest fruit that grows o;i the tree
of liberty, is security under the laws.
The return the people look for at
the hands of the government for
the burthens and restrictions they
bear, /ght and easy as they are in
this country, is security under the
law ; or in other wotds an impar
tial administration of justice. To
the attainment of this ei.d, it is ne
cessary that the decision of the
courts be uniform and according to
law. it is essential in the adminis
tration of government, that laws be
justly and skillfully explained, de
dared, and applied. It is therefore
necessary that care he taken to torni
a good judiciary as a most import-
ant branch in the administration;
Law, in all cultivated aud economi
cal nations, becomes tn progress ot
time, a science of deep aud complex
learning, and it is necessary to
make it a separate profession, and
to commit its interpretation to a
separate body of men, whom study,
experience, and reflection, have
qualified for the important duty,
Hence in all countries where a pru
dent provision has been made tor
the administration of justice, a ju
diciary or select and permanent body
of men for interpreting and decla
ring ‘lie law 9, has been established.
‘To leave this important trust to any
changing or casual body, would be
ruinous to the liberty aud safety of
the citizens. Rules, maxims, and
principles established to-day, would
be eontradi ted and overturned to
morrow. One decision would be no
precedence for another ; nor would
the next court feel themselves under
any obligation to conform to the judg
ment of ihe former. Law would be
vague and uncertain, depending
merely upon the variable feelings
and sentiments of a court, never
uniform, but always changing.
, ‘There would be no certain rule of
conduct, demeanor or possession.
Lite and property would he preca
rious. No man would know when
lie was safe—“he may he hanged
to day, fur that for which he was
praised yesterday, and the sword of
Damocles, suspended by a single
hair, would hang over the head of
every citizen.” This is also the
language of Judge Addison, ‘The
visionary and sceptical may attempt
to evade its force, but communities
who reject it, will be taught by dis
astrous experience to acknowledge
its truth There is another author
ity worthy of universal acceptation,
because of the excellence of its
source, aud its perfect adaptation to
the affairs of men. I; is contained
in a treatise on Moral and Political
Law, by Mr. Paley. He holds this
language. “'I he quiet of the coun
try, as well as the confidence and
y 7
satisfaction of each man’s mind,
requires uniformity in judicial pro
ceedings-Where justiee is rendered
to the parties, only one half of the
business of a cour t of justice is done
——’he more important part of its of
fioe remains, to put an end for the
future to every fear, and quarrel
and expence upon the same point,
and so to regulate its proceedings,
that not only a doubt once deter
mined may be stirred no more, but
that the whole train of law suits
which issue from one uncertainty
may die with the parent question—
Uniformity is of more importance
than equiiy, in proportion as a gen
eral uncertainty would be a greater
evil than a particular injusiiee.”
It would seem to me that these au
thorities were sufficient to satisfy
the requirements of the most rigid
npposcr. If there be any however,
yet doubting the vita! importance of
uniformity of decisioo, or an equal
administration of justice, to such I
would use the sentiment of Mr Wm.
Jones, aod say “that in practice, the
law employs two of the mental fa< ul
ties—reason in the investigation of
points entirely new, and memory in
transmitting the reason of sage and
learned men, to which our own ought
invariably to yield, if not from be
coming modesty, at least, from a
just attention to that object for
which all laws are formed, and all
societies established, the good of
mankind.” I would say to them in
the profound and erudite language
of Dr. Johnson, “That the advan
tage which humanity derives from
law is, that the law gives every man
a rule of action, and prescribes a
mode of conduit which shall entitle
him to the support aud protection of
society. That ihe law, to be a rule
of action, must be known —that it
must be permanent and stable—that
law, is the measure of civil right,
but that if ike measure be ebangt-
able, the thing measured, never can
he settled. To leave law. to bo
modified at discretion, U to leave the
community without a rule. It is to
withdraw the protection of that pub
lic wisdom, by which the deficien
cies of private understanding are to
be supplied. It is to suffer the rash,
and the ignorant to act at discretion,
and then to depend for the legality
of t!iat act upon the sentence of the
Judge.”
I trust I need proceed no further
in supporting the necessity of an uni
form administration of the law, as
indispensable to the attainment ol
equal justice.
The Federalist, a bonk of ac
knowledged authority in the senate
anil in the courts ot the United
States, says “seven judges having
final jurisdiction over the sumo
causes arising upon the same laws,
is a Hydra in government from
which nothing but contradiction and
confusion can proceed.” ‘This is
precisely the e*.il to which our sys
tem exposes us, and which will ever
debar us from an enjoyment of (Vvo
“choicest fruit that grows on Wio
tree of liberty.” Our courts beiiTg
so constituted as furnish no stand-
ard of justice, there is no rule or
principle of reasoning by which the
citizen can foretell, or even conjec
ture the event of a judicial ooutest,
He must commence in doubt, and
end in disappointment, This stale
of things is matter of just complaint
with every free citizen of the state.
II he has an absolute right to his
property, his reputation aud his
life, he certainly should he supplied
with the means of protecting thA.
These means will he found to consist
of nothing short of a Court, call it
by what name you please, where the
errors of ihe circuit judges, may bo
reviewed anil corrected. There is
such an institution in every other
slate iu the Union, and I believe I
might add, in every other enlight
ened community in the civilized
world. Sit h an one existed in
Mexico and Pcu before they were
discovered by the Spaniards, and
such an one was established in the
Jewish icpubiic, by the great law
giver Muses. Abie men weie cho
sen “out of all Israel, such as feared
God, men of truth, hating covetous
ness ami were inado rulers of hun
dreds, rulers of fifties and rulers of
tens ; and ihey judged the people at
all seasons—The hard cases they
brought unto M ses, but every small
matter they judged themselves.”
1 fear 1 urn detaining you too long.
With the addition of one more au
thority I shall conclude. ‘This is
left upon reeoidby *he father of his
country, and like all his relinks is
entitled to our veneration ad res
pect. Preparatory to the for ination
of the first judiciary under the Con
stitution of the United States, Gen.
Washington addressed Mr. Rutledge
as follows: *• Regarding the due ad
ministration of justice as the strong
est cement ol good government, I
have considered the first organiza
tion of the judiciary department, na
essential to the happiness of the
people and the stability of the po
liii a) system. Under this impress
ion it has been with me an invaria
ble object of anxious solicitude, to
select the fittest characters to/ex*
pound the laws aDd disnesstrlius
tiete.” *
With these authorities before me,
numerous and respectable as they
are, and with a knowledge of our
defects, derived from experience, it
was my duty to expose the evil and
to point to the remedy# r l he ap
peal is made to you, and through
you to the people. The object is to
elicit discussion. The people are
the present sufferers by the defect,
and they are to be the gainers by tho
change. When their voice is heard,
the answer will not long be with
held.
Frequent enquiries have been
made of us in regard to the situa
tion of the Africans, brought lYtto
this state in the year 1817. Re
ference may be had to the message
of Goveruor Clark, to the Legisla
ture at the commencement of the
session of 1822, for the situation of
the business up to that time. Since
then, the claim of Madrazo has had.
a final hearing in the U, S. Court,
lately held at Savannah, The re
sult was a decree recognizing tha
validity of Madrazo*s claim, and
directing the state to deliver to him
the 49 Africans remaioing in her
possession, and also to pay over to
him the amount for whioh the C 5
were sold io August, 1818, reserv
ing what might be deemed a