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ficintcd, and found it impossible to
do so, &c.,
The Court again adverted to the
danger of ullowing a person to trifle
with ihe Court, (or with the Writ of
Habeas corpus,) and ordered Philpot
to jail, “until he should pro Jure, the
i"H before the Judge of the Middle
Circuit.'’
Phil) -ol’y counsel now begged the
Court to state, whether there wasa
nv defect iu the affidavit, and vvhe-i
ther any and wliat proof would be
satisfactory. “ hey expressed their
most confident belief that it was out
of his power to produce the hoy, and
challenged any person to swear that
it was in his power.
The Court made no other reply to
those suggestions, than, “that he
knew something of jthis case, and
that it would he a monstrous thing to
suffer any one to treat the Court (or
the Writ of Habeas Corpus) as Phil
pot Was attempting to do.”
After Philpot hud remained injail
about two months, he was brought;
out on IlabenS Coipus, and be sub [
milled to his Honor, the affidavit of
Wm. Cary, who svvoije, that lie pur
chased the negro from Philpot, and
obtained possession of him as early
as the Gth Oct., as nearly as he could
• recollect, and certainly before the
13th*—that he had contracted for
him some days before he got posses
sion of him—dipt since he oh- j
taiued possession of him, he had not ■
been in the possession, power, or cus- !
tody, of Philpot—that ho had dispos- j
ed of the hoy, sometime before, and {
that he was not then in deponent’s
possession, power, or custody, nor j
did he know where he was.
Hut the Court refused to discharge j
Philpot. and passed this order: j
‘•One ot the causes (of commitment, J j
being the order of the Superior!
Court to imprison the prisoner until j
he produced the boy, James, and the j
Court not being satisfied with the ex
cuse given by his non-production, it
is ordered that he be remanded, uu- j
ler the order by whiph be was iinpt i- I
Boned.”
Huring the setting ofthe last (No
vember) term of the Superior Court,
if\ Richmond, the man who purchas
ed the negro from Cary, happened
to be in Augusta, and IMiilpot ob
tained his affidavit which stated, that
in the latter part of May, (as he be
lieved on the 15th,) he purchased the
boy of Cary, and the next day
set out with him for the State of Mis
souri, and on his way thither, sold
the negro, in the State of Kentucky,
|)o a man by the name of Dooly.
Philpot, also, made out a third af
fidavit, repeating what lie swore in
the last, and adding that he never,
directly or indirectly, in the whole
course of the proceedings against
him, intended any contempt of the
court—that the statement made by
him, or in the hearing of jhe court,
Was made from an honest belief that
he could procure him from Win. Ca
ry, but that he was mistaken, and
could not do so, &o.
He, also, procured the certificates
of a number of the most respectable
citizens of Augusta and its vicinity,
that Mr. Cary was a man of unques
tionable integrity and veracity.
Upon this testimony, he once more
renewed his motion for a discharge,
before Judge Holt.
When the motion was made, Judge
Holt mentioned, that Judge Lamar
was expected to attend the court in
n few days, and that he wished the
case to be argued before him. Ac
cordingly, after the lapse of a few
days, Judge Lamar arrived, and the
motion was renewed.—Judge Lamar
expressing a willingness to hear the
motion, the Saturday following was
assigned for the argument. On that
morning, Judge Holt being on the
Jlcnch, other motions or arguments
occupied the ear of the court, with
little or no intermission, for some
time. As soon as they could do so
with propriety, Pliilpot’s counsel re
minded the Judge, that this was the
day appointed for the argument of
Philpot’s case, Hut his Honor re
plied. that the hour for Jury busi
ness liqd arrived, and no more Bur
arguments could be heard that mor
ning,
Philpct’s counsel now besought
the court to give kina ns early a hear
ing as possible. They stated, that
be had already suffered a long and
tedious imprisonment, and that his
family wore in the deepest distress,
having been thrown on the charity
bf the public for support, ever since |
J’hilpot’s confinement. These con
wiß bears date on the JOtii,
siderations,’ it was thought, should 1
give his motion a preference to all
Alters. If his motion should prevail,
as counsel had no doubt it would,
every day’s delay was but increasing
his punishment improperly. Judge
Lamar repeated his former declara
tion, and Judge Holt said “the court
would endeavor to give him uu ear
ly limning.”
After the lapse of several days,
; the counsel of Philpot again brought
his case to the notice of the court— |
but they received no reply.
Ihe case was now passed in silence, until
.fudge Lunin r announced that lit; would have to
leave town for Millcdgeville, in the Stage, the *
next morning. This intimation was dropt in the
afternoon. Philpot*B counsel now earprstly en
treated that his case should be heard before the
departure ot Judge Lamar. \Y lien they had
concluded, nothing fell from the Bench, in reply,
until Judge Lamar kindly proposed to meet the
counsel that night, at early coiulle-light, ami hear
the argument. Accordingly, it was argued that
night.
in the progress of the argument, one of Phil
pot's counsel observed, that he had no doubt
Judge Holt had believed, that it was in Philpot’s
power to produce the boy ; but, whatever might
have been the out-door reports, he was satisfied
that it never had been in his power, since the ‘
writ was served.
Judge Holt observed, that the court had not j
been iidlueucrd by out-door reports—that he had )
been influenced, entirely, by the relation which j
Philpot sustained to the court and the boy—“and j
(continued his Honor,) ids conduct to the mother j
his attempting to take her away by force, with- :
out her consent. This was the chief considera- j
lion that operated on the mind of the couit.”
At, or near, the close ofthe argument, Judge •
Lamar asked if the petition for the Habeas Cor- 1
pus, was not supported by an affidavit? The
counsel who opposed Philpot’s discharge, rcpJied, i
that it was not—that he did ;rot deem it urressary. I
ihe argument beiug ended, a short'conference j
took j lace between their Honors, when Judge 1
Lamar observed, that the Judges were divided in !
their, opinion, and that it was desired, that the |
opinion* should bf reduced to writing. “It will
not be in my power.” said ids Honor, “to make \
out a written opinion to nig Jit—( have uo ohjec- •
; tions to delivering my opinion uotf, if it be drsir- j
| ed, or, 1 will dlaw ofl my opinion as soon us 1 can, ;
alter 1 re ach Millcdgeville, and remit it to Judge j
j Holt. Something being said about the necessity
of the papert*, to making of a written opinion, the j
I Clerk mentioned, that lie had an j
| of the record, which he had Blade oOf at the in- 1
| stance of out* of the counsel, and tlutl the Judge i
| could lithe that. This being assented to by the j
counsel, the record.wa&handed to his Honor, and 1
’ the court adjourned. |
About a week, perhaps, after this, Judge Holt !
announced (bathe had received Judge Lamar’s I
( opinion, which was, that the prisoner should *
j discharger!. 4 Judge Lamar’s opinion is very j
short, ” said his Honor} ‘‘he assigns no reasons •
for the decision, and 1 differ with him. it w ill, j
therefore, be necessary to take the opinion of ;
some other Judge for *ome of tin; other Judges j j
-—I will wiite out my opinion, and as soon as I ■
can, I will get the opinions of Judge Law and
Judge Clayton.” After a short pause, the couu- ■
sel who supported tnc writ, observed, that for his
part he was anxious tiiat the case should undergo }
a thorough examination, mid he would like to j
have the opinions of all the .lodges. So cm.ftdent
was he, of the grounds which he had taken, for ‘
that bis Honor’i- opinion wafi correct, j that ht* lielv !
that he had nothing to fear from the fullest exam
ination which could be given to the case. As much ’
had been said about me vse, He thought his Ho
nor would do well to take the opinions of all the
Judges. ’‘l am willing,” said hi.s Honor, “to
leave it to auy Judge, (or Judges) w horn the conn- i
sel may agree upon. 1 expect to leave Ju ie, my- [
self, for Virginia, in a short time.” Upon b* ing [
asked when lie expected to set out, his Honor re- ;
plied, “ou the next week, if he could do so,” (or, j
“in The course of a week, if ht could.” One of
Philpot’s counsel now remarked, that it whs a
matter of indifference to him, what Judge should i
be consulted; but it was of the highest interest to !
his client, that his case should be decided as soon
as possible, as every day’s delay was increasing j
his punishment, lie hoped therefore, that sump
Judge (or those Judges would be consulted,
whose opinion could be procured with the least
delay. For these reasons, and these alone, he |
would prefer Judge Crawford, to cither ofthe
Judges, or Judge Clayton ami Judge Crawford,
to Judge Law and Judge Clayton.
“Well, (said his Honor) I will leave it to Judge ■
Crawford, then,”
The counsel associated with the one who had
just addressed the Court, slept to him, and alter i
a short conference, observed, “we are williu"*
that your 1 louor should leave it to Judge Clavtou
and Judge Law”—then, turning to bis associate,
they exchanged a few words, when lie continued,
to t he Court, “or to Judge Crawford and Judge
Clayton, or Judge Crawford and Judge J.aw— ,
any qf them will suit us, we are not particular.”
“Well,” (sid his Honor) ‘l will send the pa-’
pm to Judge CmwToid, with Judge Lamar's
opinion, and my own, and request him, when
shall have made up his opinion, to send it to the
Clerk, with an order to carry it into effect, what
ever it may be.” Court being about to adjourn,
Philpot's counsel begged that he might be admit
ted to ban, while bis Honor was waiting for the
opinions of the other Judges; but the applicati
on was refused.
On the 18th December 1830, Judge Holt ad
dressed a letter to Judge Carwford, accompanied
by the papers filed in the case, and the decision,
which has been published.
On the 30th December, Judge Crawford repli
ed, and, in his letter, delivered his decision, in
which he supported Judge Holt's views, very fill- !
ly, but concludes thus: * Upon the w holefl think |
that Philpot ought to remain attached, until he }
produces the boy, or shows that it is impossible j
to produce him.”
These decisions were returned to the office. !
with the papers, on the 9lh or 10rh of February, J
1831. J \
Thus the matter rests, and Philpot is just cn- !
feriag upon the eleventh month of his imprison- ]
ment.
A suit is now progressing against him. for the 1
freedom of the negroes, which will probably he
determined at the next term of Richmond Supe
rior Court.
From the Georgia Courier.
PHILPOT’S CASE.
W bile the public arc anxiously
waiting for the facts of the case of
John N. Philpot, I beg to be indulg
ed in a few remarks u|on so much
of its history, as has already been
developed, lor this we are indebt
ed almost exclusively to Judgo Holt
and his friends, and to this, I shall :
rigidly confine myself, except when
| it may he necessary to explain some j
• lutings wlpcli are obscurely admilt -^J
by tlie Judge, or to Introduce some
few facts, which arc too notorious to
admit of dispute. By taking up the
case under these restrictions, 1 give
to the Judge and to his advocates,;
every advantage which they could
claim. ArnJ yet 1-flatter myself that
l shall be able to convince every im
partial reader, that grosser” errors’
were scarcely ever committed by one
occupying tlrß sent-of justice, than
| are to lie found in the decision of his
j Honor, in this case. Tile manner of
! it, iS) if possi/ile, rhote objectionable
11 hsui the mutter ; and is as wide a
departure from Judge Holt’s com
mon mode of treating subjects bf ju
jdieiul enquiry, as it is from the mode
which wo are accustomed to see ad
opted by other Judges. We look
through the decision iu vain for the
concise, sententious manner, which
usually characterizes Judge Holt’s
disquisitions. We look in vain, for
t lie force, point and frankness, which
lie sometimes evinces in treating of
i questions, involving the liberty or
| property of a fellow citizen. In this
! ease, which called lor all his strength,!
i in which he found himself opposed!
! by an associate offheßeiich—' "young” j
jto he sure, but highly taleuted, iu
| which a question arises of the nicest
delicacy, a question involving an iin
! portaut prerogative of the court on
j the one hand, and the character and
liberty of the citizen on the other—
: in such a case, after reiterated argu
-1 ments, after months of reflection,
I with the decision of his associate in
i his pocket, lie retires to his closet, i
marshals his books around him, and
(produces—what! 1 cannot find in
j any \ ocalmlary, a generic term,
which will exactly embrace it—a
j garland of roses, thorns and worm
wood-anettt, pretty, chaste, delicate,
j classic, plaintive, harmless essay—
which is as sterile of argument, as it
i is prolific of sophistry; which is ever
l looking out to the reader, .and scar
cely ever looking in to the subject;
1 which runs to the law, only to hide
its deformities from the eye of com
ivton sense; which disrespectfully
shuns the short but unanswerable ar
gument ofthe Judge, whose opinions j
hail been first solicited, and then aj>-•
pealed from; which pours forth the j
most unprovoked maledictions upon j
the head of a man, who had been j
! ((leeching in prison for seven months, |
. and winds up i; the same breath, I
j with a oast pathetic mid touching'!
: rhapsody upon the blessings of per-!
sorml liberty. Willi suet, effusions;
j from the Bench, I confess I am not j
{ satisfied. lam in the habit of look- j
j ing to that quarter for sober, grave
; and temperate discussion, unmixed
i with asperity or feeling; and the
; Judge who disappoints me in these
I expectations, always inspires tne
with distrust, either of his candour
or his competency. He may per
i baps increase my respect for his
| heart, but be will always do it at an
i impoverishing expense of bis hccul.
i Liefore we take up the decision, in
> order, let us admit all the facts which
j liis Honor thinks necessary to sup
port. his conclusions. He reaches;
j them certainly by the strangest, the
most circuitous and illogical course
of reasoning, that ever was adopted
by man, not to say bv a Judge. But
let us admit them. Let it. ho grant
ed for the sake of argument, that,
Philpot had tlje buy in his possession
when tli3 writ was served upon him,
that he went before the court and
craved time only to gain an opportu
nity of selling the boy, and that tak
ing advantage of the court’s indul
gence, he actually did sell him, and
that he remained with the purchaser
for months afterwards, and that
! Philpot might have got him by going
j after biin, at any time anterior to
I 1830, but that.in May, IS3O,
| he was removed to a distant State,
!as his Honor tells us. 1 ask wheth
i her all these admissions will justify
his Honor in passing an order in
June, ’3O, when lie had lost the
ier of producing him, for the conSßj
mitincut of l’hiipot until JffAMundm
produce him? a :
ci roi ou man, j
justify the imoyi • --‘ui• ghim 1
until an possibil
ity r Amo- ,VH. 6UM t] ess number
ofvolagje-. , the lawyer’s library,
can nor find a single prece
dent for such an order as he has
passed upoi! Philpot ? In the pre
cepts of Draco-, whose Jaws wore said
to Lnc been written in blood, noth-
I ing is to be found more abhorrent to
jlour ideas of justice, than there is
flocking, a man up in jail, and tel
| ling him, when he produces a human
;bemg, who is htinfircds of miles dis
tant, he shall ho liberated, and not
before.
Nothing can be more shocking to
humanity or common sense—unless
indeed it be. for the Judge who has
passed such an order, and after his
prisoner and his family have groan
ed and wept, under it for ten months
—to come out boldly before the pub
lic, and declare, that it is the prison
er’s own obstinacy which keeps him
in jail—that as soon as he performs
the conditions, he shall be liberated,
and that it is left to his own to
perform them or not. Has Judge
Holt more than one friend, who has
no more self-respect, than to advo
cate such doctrines, at the bar of
public opinion ? And is it possible,
that in this enlightened Republic,
men can be found running up and
down the streets, ciying, “Avimt are
the facts—let us hear the facts before
we make up out opinion,” when the
question is, may a Judge imprison a
citizen for life, for a contempt of
court; and when those, who main
j tain the affirmative, assert that a man
’ uuder bars anil bolts can do what he
1 pleases? Judge Holt is making too
bsld an experiment upon the weak
ness and credulity of the communi
ty he is putting the attachment of
bis friends to too severe a test. 1
regret, deeply regret, that lie has
succeeded even as far as he has in
silencing complaint. I confess that
J have been pained at the coldness
and apathy with which Philpot’s suf
ferings have been treated by the cit
j izens of this place in particular, and
by the citizens of the State in gene
ral. 1 see in it a dangerous’ omen
—I ‘see in it a signal to men in pow
er, that they have not as much to
fear in making inroads upon the li
berties ofthe citizen, as I thought
tjiey had. I discover in it the first
symptoms ofthe fault, which over- j
threw the wise institutions of the
Spartan Lawgiver—a readiness in
the people to connive at, and over
look infractions of the law, when
they harmonize with the feelings and
| prejudices ofthe moment—a sacri
j lice ofthe feelings of the patriot up
jon the alter of private friendship. A
j more ruinous distemper than this ne
! ver fastened upon a body poJitic. It
! i-5 the peculiar disease of Republics,
! and let ns guard against k. I bad
thought that the indifference of the
■ people of Philpot’s sufferings for so
j long a time, was a just cause of ctn
• plaint; but it seems that according
jto the opinions of some, wo are yet
j too early in listening to his claims.
; lie has laid in jail for about eleven
moiuhs. During all this lime Judge
Holt has been treated with the great
est tenderness and respect by the
community. Appeal after appeal
lias been made to him without effect
—-he attended a convention of the
Judges, when his prisoner had been
five months in custody, and while he
could remember to submit to the bo
dy, petty questions of the practice,
and questions involving shillings and
pence he would not remember to sub
mit to them a .case of the deep
jest interest to the community, and
the most distressing to a fellow be
ing. Time and opportunity have
been offered to him to relent, of
which he has refused to avail him
self—And now wo arc told that our
complaints are the more effusions of
spleen and private resentment—hav
ing for their sole object, the dislodge
teunt of the judge from his seat.
Surely this charge is made without
reflection. The author of it could
not have expected that the public
tvould consent to see a man die iri
jail, without enquiring into the cause
of his commitment—and if they ever
meant to interest themselves for him,
w hen ought thc^W''o , >egin ? Have
not his the heart
of even the u. thor of this charge?
And has iie not contributed in corn
mop benevolent of the city
(id sufficient to defray
s °f finding, purchasing
~3<i] bringing the boy back to this
place? And did he suppose that, the
j community could be put under con-
I tribal ion for this relief of distress,
and no man enquire how the distress
originated ? Did he expect that the
citizens would be told t hat a crime of
an entirely new impression, had
made its appearance among them, a
crime which could be expiated only
by a public subscription, and not en
quire into the nature of this anoma
ly in the criminal justice ofthe coun
try ?
The charge is unfounded so far as
it applies to myself and certainly is
premature as to all. But a single’
shot.has been fired from the outposts
an’the war haa opened upon th<s
ground which the Judge’s friend
would select. Thus far Judge Holt’s
decision has been alone attacked—
that will speak for itself—if it be
sound it will bear the test of exami
nation in all parts of the State, and
the attacks which may be made upon
it will only give strength to his popu
larity and popularity to his wisdom*
If it be unsound it ought to be expo
sed, at least while its victim bleeds.
And when its errors shall be
he ought to conic forvvurd and frankly
confess, and renounce them. But if
he is determined to stand or fall with
his decision, let me assure him that hia !
overthrow will be as inevitable and
complete as his bitterest enemy could
wish. There is a hedious deformity
that -stands boldly and prominently
out of it which will catch the eye of
every beholder, and which no man
dare embrace without submitting to
a sacrifice too dear even for friend
ship’s claims. *.
This deformity I have pointed
efut.—lt stands in a group of like
feature but less magnitude, whieft
shall be exposed at another time.
FRANKLIN.
—■ I —ui'.aa
Official Correspondence.
Washington, April lith, 183 L
Bear Sir: I feel it to be my duty
to retire from the office to which
your confidence and partiality called
me. The delicacy of this step, tin
der the circumstances in which it is
taken, will, I trust, be deemed an
ample apology for stating more at
large, than might otherwise hove
been necessary, the reasons by which
I am influenced.
From the moment of taking my
seat in your Cabinet, it has been ir.y
anxious wish and zealous endeavor
to prevent a premature agitation of
the question of your successor; and,
at all events, to discountenance, and
if possible repress the disposition, at
an early day manifested, to connect
my name with that disturbing topic.
Os the sincerity 6c the constancy of
this disposition, no one has had a bet
ter opportunity to judge than your
self. It has, however, been unavail
ing. Circumstances, not of my cre
ation and altogether beyond my
control, have given to this subject a
turn which cannot now be remedied
except by a self-disfranchiseim nt
which even dictated by my individ
ual wishes, could hardly be reconcile- ■
able with propriety or self-respect.
Concerning the injurious effects
which the circumstance of a mem
ber of the Cabinet’s occupying the*
relation towards the country to which
I have adverted, is calculated to have
upon the conduct of public affairs*
there cannot, I think, at this time,
be room tor two opinions, Divet si
ties of ulterior preference among’
the (i iends of an Administration are
unavoidable; and even if the respec
tive advocates of those thus placed
in rivalship be patriotic enough to
resist the temptation of ci eating ob
stacles to the advancement of him to
whose elevation they are opposed,-
by embarrassing the branch of pub
lic service committed to his charge,
they are, nevertheless, by their posi
tion, exposed to the suspicion of en
tertaining &. encouraging such views;
a suspicion which can seldom fail in
llip end, to aggravate into present
alienation and hostility the prospec
tive differences which first gave riso
to if Thus, under tl%e least unfa
vorable consequences,
justice is suffered. }iMrl4jbrak
11 utior
Whatever may h-wHwntho course
of things under circum
stances of the eailic. stage of the
Republic, my experiecce has fully
satisfied me that, at this day, when
the field of selection has become so
extended, the circumstance referred
to, by augmenting the motives and
sources of opposition to measures f
the Executive, must unavoidably
prove the cause of injury to the pi
lie service, fir a counterpois
whiejt we may in vain look to the pe- ■
culiar qualifications of any individu
al; and even it I should in this fie ‘
mistaken, still I cannot so far de
ceive myself as to believe for a mo
ment that I am included in the ex
ceptions.
These obstructions to the success
ful prosecution of public affairs, when
superadded to that opposition whidi
is inseparable from our free institu
tions and which every administiati
on nR-wjsinec.t, present a mass to
winch U.TTj,orations of the govern
nly cxpostd:-—tjrc piorp esjlecraf^*