Newspaper Page Text
V; 4.]
i'LLLISHKD WEEKWT
BY
TKOSSAS A. PASTEUH.
tKJ 3 TERMS—The Washington News is pub-
Ishc.l ueekly, Vt Four Dollars a year; or Three
Doliais, if paid one half in advance, the oth
er at the expiration of six months.
(fj Mo subscription wiil be received for a less
term than six months.—All arreaiages nmst be
paid before any subscription can be discontinued,
but at the option of the proprietor.
[LT A failure to notify a discontinuance at the
end of the year, will be considered as anew en
gagement.
*• ILT Advertisements (except those published
monthly) will be inserted conspi< uously at 75 cents
per square for the first insertion, aiu! 50 cents for
each continuance.—ls the liuiphcr of insertions is
not specified, tliey will be coittinaed until forbid,
and charged accordingly.
[HT All advertisements published monthly
will 4e charge-done dollar petsqqare for each in
sertion.
01 s’ Lettem must be post paid, or they will be
charged to the writers.
ITT* For the information of our advertising
riends. we publish the following Law Requisites.
Sales of Land and Negroes, by Administrators
Executors or Guardians, are required, by law,
to be held on the first Tuesday in the mouth, be
tween the hours often in the forenoon and three
in the afternoon, at ♦he Court-House of the comi
ty in which the property is situate.—Notice ot
these rules must be given in a gazette SIXTY
days previous to the day of sale.
Notice of the sale of personal property must be
given iu like maimer, FORTY days previous to
the day of sale.
Notice to the debtors and creditors of an estate,
must be published for FORTY days.
Notice that application will be made to theCouit
of Ordiuary for leave to sell land, or Negroes,
must be published for FOUR MONTHS.
Just Received,
HY
‘XIXCHL&RSS & GANAIIL,
AT THEIR
JBuok, Stationary, if Musical Store,
No. 253 Broad-Strcct,
AUGUSTA.
A LARGE SUPPLY OF the following works,
■jU H ERCER’sCluster, Methodist
JIY.H.. Hymns, Zion’s Songster,
Family Bibles of all descriptions,
Pocket do do
Wyeth & am”, r.d Settel’s Music,
W'oodbridge’s, Camming**. ~ m .V”
lev’s, Adams’, Morse’s and Wil
lard’s Geography and Atlas,
Murray’s,Grammar, Reader, Key,
and Exercise,
f •'•vley’s and Hawley’s Federal Cal
,later,
• As Daboll’s Arithmatic,
er’s Dictionary,
i(h a full supply of all other
’ bool, Classical, Miscellaneous,
1 >v and 31edical
BOOKS.
fittve on •rfanc/j .Hftfciit \
1,20d R cams of Foolscap, Letter.!
and other paper,
4i091.C© Quills, of various qualities, j
2CH> dozen Webster’s Spelling*
Books,
5v)G roes Almuttacs for 183!I5!
AND A LARGE STOCK OF
MUtwK SiOiO kS,
OF EVERY DESCRIPTION.
Also, a good supply of Violins,
Flutes, Clarionets, Guitars, it Fifes,
and a good assortment of Fianb and
Guitar music.
AND ALSO,
A Large Assortment of
GARDEN SEEDS,
warranted fresh from the Shakers.
OCr* Country Merchants are invi
ted to call and examine for them
selves. They will find their stock
complete and good, and as cheap as
they can be sold in the southern
country.
All orders will be promptly
attended to.
Augusta, Dec. 15, 1830. 31—12 t
£Tf = ’ The Washington News, Geor
gia Journal, Macon Messenger and
Athenian, will publish the above
weekly twelve times, and forward
their accounts.
Notice.
FERSQjSS indebted to cither of
the estates of Thomas Eutia
iy or Thomas R. Combs, are re
quested to make immediate pay
ment; and those having demands a
gaiitst them, or either of them, are
required to present thorn properly
authenticated within the time pre
scribed by law, or this notice will
be plead in bar of their recovery.
.Tames Borough,
Administrator de bonis non of ‘Tho
mas Eudaly, and also adm’r.
of Thomas It. Combs.
.March'7, i831._ 38~6t
WASHINGTON, (GA.) SATURDAY, MARCH 26, 1831.
I NOTICE,
THE Copartnership of Mus-
CROVE, WETMGRE & Cos, WUS
dissolved on the 28th ult. by mutual
consent.
R. 11. MHSGROVE,
OLIVER WETMORE,
EDWARD BUSTIN.
ft? 3 The undersigned will continue
TO transact the
Commission Business,
UNDER TIIE FIRS’ OF
’ Mtisgrove tV Dustin.
It is with pleasure they inform
their friends and customers, that
they have contracted for the Build
ing of a Complete
HRE-PSCOr
WARE-HOUSE,
to be erected on the premises now
occupied bv them, and to be finish
ed by the first of October next.
They hope by strict attention to
all business confided to their care,
to merit a continuance of public
patronage.
It. H. MUSGROVE.
EDWARD BUSTIN.
Augusta, March 1.1- 31. 38—lrn
The Milledgeville Journal and
R ecorder, and Washington News, 5
will publish the above for one month,
and forward their accounts to us for
payment. 31. B.
Spring Goods.
The Subscribers are now receiving
their supply of SPRING
DRY GOODS.
CONSISTING of a large and
general assortment, which they
offer at low pric3s.
JOHN EDGAR, & Cos.
Amrusta, Ga. Fob. 24, 1831. 30—(it.
New Establishment.
B. C. CANDEE,
TAYIOE,
RESPECTFULLY informs the
inhabitants of Wilkes and the
adjoining counties that he has taken j
the house formerly occupied by .1. A. ;
Groves, E*q- as a law Office, oppo- |
j site the Court hose, where he in-j
I tends carrying on the
i Tailoring Easiness, !
i u all its various branches.
The subscriber from his expe- j
riende in the business flatters him- |
self that he will bo able to give sa
tisfaction,. and will warrant all work j
done by him to be equal to that done
in Augusta or elsewhere.—Particu
lar attention paid to cutting.
JVashington, Fob. 18, 1831. 35-ts. I
(Jrant Stillwell* \
AFTER returning thanks for j
the patronage they formerly ;
received in this place, respectfully j
inform the citizens of Washington;
and its vicinity, and the public in ge
neral, that they’ intend to commence j
business in this place again, at their 1
old stand in the North end of Judge
Lennard’s building, fronting the pub
lic square, where they will constant
ly have on hand
A General assortment of
MOST FASHIONABLE
C I, O T II 1 NG.
Such as silk and silk velvet vests,
cloth and casimere pantaloons, round
jackets, &c. &e. which they will
dispose of on reasonable terms.
Custom work will be executed in
the most neat and fashionable style.
; and at the shortest notice. They
warrant their work.
Their shop will be open in about
| ten days, alter which they will be
| thankful for any business in their
| line. One of the firm will remain in
Augusta, in charge of the establish
! meat in that city, who will at all
I* times, forward to the establishment
in this place the latest fashions, to
gether with such articles as may be
ordered by cumlomiA-:, and not to
j he found in Washington,
j Washington, H ilkcs-eeunty,
[ March JLbtli 1831. 99—ts.
TO THE PUBLIC, j
ITAIvE this rnethr.l to assure |
the public, that there is not at ;
this time, nor has there been at any j
other time, a single case of an iufee-;
tious or epidemic disease .in the U-j
nited States Hotel. All reports to
the contrary have been invented and
1 circulated by evil disposed persons
for the express purpose of injuring
the business of this establishment.
WILLIAM G. GRIMES.
Wc the subscribers, (board
ers at the United States Hotel) cer
tify that there is not at this time, nor
, has there been at any linn: this win-j
ter, a single case of Small Pox or a- i
!ny other infectious disease in that
Hotel. We also ate satiation, 1
| tar as our knowledge extern!*) that j
| the city is now entirely free from that j
; desoase.
j U. S. Hotel, Augusta, March 0.
| 11. IV. Cater, O. Wet more,
J </- Hansr, Knock IV. Spa ford, j
j F. Gannlil, I). 1\ Scott,
| IVm. H. Shelton, Dr. D. Patterson, \
!P. If. Sinead, ,1. IV. Davies, j
* IJ. Johnson, K. IV. Couch, |
|E. Hollo way, Ilcnru Dally,
IA. O. Farrnehc, J. Moisc,
Samuel Bones, K. F. liill,
\A. tiiiigon, Nathan M’Gchce, j
i 11. 11. Hamilton, A. Comining,
i Jn. 11. Gieu, Charles Carter,
| /?• C. Ucact, Horace Montagu,
| Itotu.McDonald, A. Gardelle.
Milledgeville Journal , A
henian, Athens, and Nem Wash
ington, will publish the above 3
times, and forward their bills to the j
j f . S. Hotel.
_ March 12,1831. 39—>3t. I
Tati tiers 4* Carriers.
subscriber having pqreha-1
H. seel the
TAW ‘STARB
in this pla.ee; formerly owned by Mr. i
Ephraim Bailey, is desirous to en-1
gage a
Tanitor & f ui rier,
to take charge of, and carry on tlie i
same. None need apply that is not!,
strictly temperate and steady ; nr in-.
temperate man he would not slider
to remain in charge on any terms.
To one recommended as steady,
i temperate, ami properly qualified,
I lie will give constant employment,
and liberal wages.— He solicits the 1
j patronage of the public.
JOHN G. ROBERTS.
! Washington, March Id, 183i. 3D—tf.
i Georgia Journal will insert -he above
four times and forward its account to the ;
j iveas Office for payment.
| Athens Factory* ;
! subscriber having been ap
jgL pointed an Agent to the ajaove ,
I Factory, respectfully informs the
J public that a constant supply of spun
I cotton yarns manufactured at the j
! same, will he kept lor sale at iuoj
j store in Washington, 8* the Factory \
| prices; which it is believed will be i
J sufficiently low to justify the planter
i in purchasing liis supply ofeitbir, or !
j lioih the articles, rather than attempt 1
| to make them at home.
JOSEPH W. ROBINSON,
i February 22d, 1831. 30—ts. j 1
NOTICE
PERSONS indebted to the es
tate of William Hudson, dec’ll. !
late of Elbert county, are requested !
to make immediate payment; and i
all those lilifing demands against l ]
said estate, arc required to present
them properly authenticated within]
the time preset ibed by law, or this j
notice will be plead in bar ngmirtt !
their recovery.
DAVID HUDSON. aifm'r. j
February 17th, iS3I. 3(>—(it.
Notice.
Suhscrihbr being authof-
IbUb’ ised by t lie legatees to settle
the business of Thomas J. Jpope, late
of Wilkes county deceased; persons
having demands agaihst him, will
preseait them legally auhenticatcd,
and those indebted will please make j
immediate payment to the subscriber !
Stephen A. Johnson.
February 18, 1831. 35
-
|| Guardian-i Ronds,
Realtyjtrinled mulfir sale at this Oftf.
j TO MECHANICS.
PROPOSALS will he received
by the Prudential Committee
i until the first Monday in April next,
; to rebuild the College Edifice lately
j burnt down, at Athens. And to the
end that Mechanics may know what
is required to be done, wc invite them I
to an inspection of the present ruin, i
and to a further communication with i
the Committee, on any subject con
nected with the above object. In
the first place it must be understood,
that the propositions made, will not
be binding, either to the proposer or
the Committee, as the same will
I have to he laid before a full meeting
I of the Board of Trustees at the time
(-aforesaid, subject to their ratification
]or such alterations as they maybe
j pleased to make. Wit h this urider
j standing, it is requested that the
’ proposer will state the lowest sum tor
| which ho will restore the Edifice
-its former situation in all respects.
1 Then deductions will be made,
; Ist. For omitting the mantle pieces,
j which before were of the same kind
i-l those ill the old College. 2d.
; For changing the piuir.-ei into baton
doors. 3d. For omitting the small
’ bed rooms attached to the sitting
1 rooms. 4/h. For omitting one ofj
the closets in the jams of the chim- j
ueys, and sth, what difference wiil]
be made in the ceiling or plastering
over head. The Edifice is expected
to he rebuilt as strong a* it was be
fore, and in a workman-like man
ner, and to this end, when the build
ing is finally lot, bond and security
will be required. As the buildin? is j
! much wanted, the shortness ot time -
iii which it will he completed, will be i
] a great otfiect in deciding on propd- |
isitious. The payments required;
i tntist also be stated.
iA. S. CLAYTON, 1
JAMES NFSBIT, I Prudential 1
i A. WALKER, f Committee.]
I VYM. il. JACKSON, j
February 3. 1831.
il/’ A uraluiious publication of tle aliove bv I
i1.., r. {he .Sune, i ( h ( ol- \
lege, will confer a singular favor upofi tlie„laati-!
lution.
(long re ssionai.
SPEECH OF
ms. rosmi
Os GEORGIA,
Ou the tnoiinn to pfiut six thousand copies of the i
report and counter report, uiadt the major- •’
it v and miuorite of the Committed on the Judi
ciary, o.i the Jjiopiiety ol upcaliug the twenty
fifth suciiou of the judiciar y act ot ijb9,
under consideration
Aii . tUSTEH commenced by observing that
from some inCimatious given yesterday morning.
iiC apprehended be should nut be able to proceed
very far uitliont iutcrruptH*; tie was, Luv-evcr,
resolved to pursue the course of erg u rue hi which
he had prescribed lbcJiitnseif until he was gaggtd
l*y a (pustion of order, as he h&i beta by the call
for the previous question on the motion to reject j
the bill \\ inch accompanied the reports now under
coiuideration.
[More* Mr. Barringer rose ton question of or
der. Perceiving that the gentleman from Goor- j
gin intended to go into a discussion which Air. Li. !
did not think admissible on the motion now j
fore the Mouse, he inquired of the Chair Whether J
the debate should not be strictly confined 10 the i
proposition for printing.
The SrEiJCER rcpiietl it wag difficult to fix the j
precise limit of the discussion of a motion of this j
kind. Ou a proposiiion to print a report of
committee, U was usual to permit gcuth-meu to
discuss it.e principles contained in the report.—
That privilege would now he allowed to the goSi
tlemun from Georgia; further than this would not
be in order. J
Mr. Fosikr said he did not profess to be xvcll
versed in questions ot order, mid Would submit
most cheerfully to the corrections of the Speaker.
Mr. F, then entered into a review of the pro
ceedings, which had hoci hud on this subject.—
Several weeks ago, the Committee on the Judici
ary were instructed, by a resolution of the Mouse,
to inquiyp into the expediency of repealing or a
mcndirig the 25th section of the judiciary act of
1759 Scarcely had this resolution passed, when
ah alarm was sounded through the newspapers, 1
and the people were warned that a dedp and fatal |
blow was meditated against the great judicial tri- (
bunul of the country. The committee were de- (
nouncud even in anticipation; and we were threat
curd with the reproaches and indignation of the
, people if we pre. umed to touch this hallowed, law. |
But a majority of the committee, acting under a
conscious sense of duty, had the temerity, in the
midst of these alarms, andln (ho face of this gt\7-
fire from the press, to make a report recom
mending the repeal of the section in question, ac- J
companied with a bill for that purpose. The mi-!
norby of our associates, under a sense of duty fc
qually conscientious, have submitted the counter
report which is mm ou the table.
The bill thus reported, said Mr. F., it was ex
pected would have taken the usual course; but in
stead of this, even its second reading was object
ed to and its rejection moved; aucl on this motion
the previous question was ordered—so that ail
opportunity of discussing its principles was entire
j ly prevented; and this too ufter a remark by the
• honorable gen tie man from Virginia (Air. Dod
bridge) that thejjiii reported was equivalent to a
motion to dissolve the Union. Sir, we were not
even allowed to repel the imputations thus cast •
ou US.
(Mere the Speaker reminded Mr. Foster that
a was not in order to allude to the bill which liau
been reported by the committer, nor to the p;
ebediop of with regard to it. Ue must
[New Series—No. 40.
be confined to the principles contained in the ri>
ports proposed to be printed.)
Mr F. resumed. In order to confine himself
to the limits preset ibed by the Chair, he mu.-t
pass over some remarks he intended to have made,,
and come immediately to the reports
The majority of the Judiciary Committece, of
whom (said Mr. F.,) 1 am one, maintain that the
23th sectSbn of Che judiciary act of 1789 confers
t upon the Supreme Court of the (J. States pow ers
j not authorized nor contemplated by the Constitu
■ tion. It is my purpose to present some views, in
j addition to those embraced in the report, to estab
lish this position. And in the outset 1 will notice
an argument with which we are so often inct ou
questions of this kind. The law, of which the sec
tion under consideration is a part, was- passed
shortly after the adoption of the Federal Consti
tution. Many of the members of the Congress by
whic.h it was enacted were also members of the
Convention which framed the Constitution; they/
j wc are told, certainly knew w hat powers were in
tended to be conferred on the different depart
-mentsof the Government, and would not have at
tempted to confer powers not authorized by the
Constitution. Mr. Speaker, there is much force
in this argument. 1 place gteat reliance on the
exposition of constitutional powers made by those
who aided in the formation and adoption of-the
great charter of this Government. But. sir, the
argument in this instance proves too much for cu'-
aqvcrsaiies— it applies with equal
part of this judiciary act; and yodf - V
it has ‘-•.'.ready 1 ■ un declared by
l emt ;o he rnc-M'slilutiunal. ’L 'he
•>f 1 1... Tu< t ;mn id - among other
Cupreine* Com t “shall have the
w rits of mandamus in cases warranted
principles and usages of law. to any
pointed or persons holding office under the anig \
rity of the United States.” in the celebrates,
case of Marbury vs. Mr. Nladison as Secrct.Try
of State, the Supreme Court determined that the
authority thus given was not wnr ranted by the
constitution. So, sir, gentlemen must admit that
the passing of this law by the framers of the con-
I stitution ami their cotemporaries is not conclusive
i as to its constitutmnulity, or that the Supreme
| Court have erred iu their decision —a heresy w hicii
l cbnrily itself would scarcely tolerate at this day.
Bui, MivSpeaker. 1 will call the attention oYtbe
House to another section of this act. lbc con
stitution declares that “the judicial power (ol the
United Slates) shallextend to all cases, in law and
equity, arising under this constitution” &c.; and,
a Her enumerating other subjects of jurisdiction^
• pvcifits -controversies between citizens of
u-m State's.” I'he clause first read is general: the
[ ;<>• ui .extends to “a// cases in law- and exquity a
1‘ r:siti2 uuder the constitution” &.c. and even the
l-tri i clause is entirely unqualified: no particular
class of controversies between citizens of difl’er
, unt.Slates” i; designated, and no pown is given
j to Congress to limit the jurisdiction of the court*
: And j sir. iu pro\ iding for the exercise of this
jarisdi u:>n, by the Circuit Courts of the United
•u .s ” in - nits of a civil nature, at common law*
, u in equity, where the United States arc plaintiffs,
J in alien is a party; or the suit is between a c l*
’izen of thn State where the suit is brought, nud a.
] citizen ot another State,” the eleventh section dfi
. tut-judiciUrv act reijuires that the matter iu dis
|*pu'.e shotd.i “exceed, exclusive of costs, the sanx
jor value o (Jive hundred dollars ” Will any geo
( tlenum shew me w here the authority is given to
, regulate uie power of the courts, or liu. rig /- is of 4
the pat ties, by the amount in controversy? W hat
! clause ot t.t • coustitutioo gives Congress the pow
er to tin mv open the doors of the Federal Couit#”
to tin individual who has a demand of six hundred
dollars, and close them against him who claims
only four hundred ? None, sir: there is no suck
clause; the deduction is entirely arbitrary add
uixmthoi ized
Sir, there is ai.other section of this net whicrt
merits .viiue consideration. The twelfth section
provides, that • jf a suit be commenced in any
State Court against an alien, or by a citizen ot the
| btate in which the suit is brought against a citi
zen of another State, and the matter in dispute
exceeds the sum of five hundred dollars, and the
defuudunl shall, atllit* time of entering his appear
ance in such State Court, file a petition for the re
moval of liic cause lm trial into the next (LViied
States’) Circuit Court to be held in the district
where the suit is pending,” then, on certain con
ditions, the Stole Court is prohibited from pro
ceeding any further; but the caqse shall be re
moved to the Circuit Court, “and then proceed in
the same manner as it it had been brought t;.i re
by original process. Air. Speaker, iu mv v w,
this ** a most exuooidjuury provision. Hen- is
an instil nee t>; a court’s being ousted of its i :*i
mate jurisdiction, w itliqut being permitted to pro-/
iiounce a judgment, arid that without the consent
of one of the parlies. 1 say its legitimate, juris
diction—for it is not preiended that the u- ..:e
which may be thus removed is not cognizable by
the State Coliit. It this were the case;*the party
would have only to plead tr> the jurisdictmu of
the Court, aud tcrmm.ite the suit at once. But
the law', from its phraseology, evidently contem
plute? causes in which the State Courts have con
current jurisdiction with the couits of the United
States; aud if the defendant chooses to Submit to
the jurisdiction of (he State Court, and permit his
cause tb be tried, its judgment would, doub.less
be valid und binding. Here, then, the u c.u.t is
dependent on the consent of the party for ihe ex
ercise of its jurisdiction 1 repeat that this is a
most extraordinary provision, and, so far as I auz
informed, without a precedent; Certainly the
country from which we derive most of our princi
ples of juiisprudcncc furnish A no similar proceed
ings; aud lam not aware tlmt there arc any ill
any of the States, where they have courts i dif
ferent grades, possessing in many instances cod
current jurisdiction. I wifi not say that the hi w
giving this privilege of removing a cause irom llje
j State to the United State*’ Courts, is contrai l to
the Constitution; but 1 cannot believe thufsuck a
| proceeding was contemplated by the framers of
’ that instrument. 1 have referred to tiu se differ
ent sections of the judiciary act, sir, for the pur
pose ol shewing how much is wanting oi ;hat pci<
\fcclion which is imputed to it, and to th. C
sancMif which is attempted to be throw u round it.
1 now proceed to the consul ration of the section
more immediately iu question—that section n b:- h
j gives to the Supn-me Court’ it s oinuipoltn! pout:s.
j The twenty-fifth section of the act tefeued to
| declares that “a final judgment or decree i.i at ✓
suit, in the highest Court of law or equity .t
State in which a decision in tfe suit could be hud
where is drawn in question the validity of n trea-
ty or statute of, or an exe: J nuOor
tlie United States, and t!ic dcclJlt j U ir
validity; or where is draw niu . <i< su..n j!. o v*Vti i
tv of a statute of. or an authority exercised uuh-.-r
any State, on the gro’uuu of their being rej u--
nnnt to the Conslitulion, liTatirs, oi I, iV v\ ti s ;;Te
United States, and the decision t'.v in favor of sink
their validity,” L.c.„ -may be ic-ex-mimd “and
reversed or affirmed i the Supreme Com; of the
United Staten upon a writ ofcrrur,” tic. The first
idea that suggests itself to the mind in rcaoirg
this section is, ibe distinction made between
parties to the suit in allowing an appeal. Anjjjt
lion is brought in a Stale C mr ,‘Vtie >!ulm
up, in his defence, i: J’
* -J •• 1 H • r. Vv ‘-•,A