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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^*