Below is the OCR text representation for this newspapers page.

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