The Washington news. (Washington, Ga.) 1821-183?, March 06, 1824, Image 2

Below is the OCR text representation for this newspapers page.

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