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ascertained how and where they are
to be interred. Mean time the Com
mon Council of this city were con
vened to meet to-day at 12 o’clock,
to take measures for testifying their
respect for this lamented officer.—
The Society *of the Cincinnti, of
which he was an honorary member,
were, in like manner, to meet for the
same purpose. Il in time for this
evening, the results ot their deliber
ations shall be given.
It is a sad and melancholy duty
thus to consecrate with honors, emp
ty and unavailing though they he, as
to the object of them, the tomb ol a
public benefactor. To none more
than M’Donough are such honors
due. Modest, humble, and brave,
he did his duty, and under all circum
stances, without parade, and shrunk
from the applause which conduct so
simple and so noble, attracted. In
his domestic and social relations, he
was as exemplary as in his public ca
reer. He has left to mourn him, his
country, his relatives* and five or
phan children—orphans in all but the
glorious inheritance, their father’s
name.
Since writing the above, we have
received the following proceedings
of the Common Council:—
Commodore M’Donough. —The
Common Council pursuant to the call
of his honor t he Mayor, convened this
day at 12 o'clock. Mr. Dunscomb
introduced the following resolotions,
which were unanimously adopted.—
The Common Council having re
ceived intelligence of the death of
Commodore M'Donough, and that
his remains have been brought to
this city; and being desirous of testi
fying their profound respect for the
memory of the illustrious dead:—
Do resolve, that the Mayor, Al
dermen and Commonality oftlie city
of New-York, in unison with the feel
ings of the nation, deeply mourn the
loss of Commodore M ’Donough.
Resolved, That Mr. Dunscomb,
Aldermen Cowdrey, King, Taylor,
and Reed, be a committee to make
the necessary arrangements to pay
that tribute of respect to his remains,
to which his worth and great national
services are justly entitled.
Resolved, That the National Stan
dard be displayed upon the City
Hall at half mast, and that it is here
by recommended to the captains of
vessels in this harbor to display their
colours half mast on the day of the
procession, which will be announced
by the committee through the city
papers.
Resolved, That Major-General
Morton be requested to furnish a suf
ficient number of troops to per
form the military honours to the re
mains oftlie Hero of Champlain.—
»\"crc-V’o rk American .
We are glad tohave it in our pow
er to subjoin a Resolution by our
own Legislature, tributive to the
memory of this distinguished officer.
Whereas, we have been informed
through the medium of the public
Gazettes, of the deeply lamented
death of Commodore Thomas Mc-
Donough, and whereas the preserva
tion of the memory of the great and
good of all ages is attended with the
most happy consequences to poste
rity, and believing that few men of
any age or nation have been signiliz
ed for purer and more exalted Chris
tian and moral virtues, as well as un
daunted bravery and devoted patri
otism than Thomas McDonough, the -
naval hero of Champlain.
, The Senate and House of Represen
tatives of the State of Georgia, in their
own, and the names of their fellow
citizens,
Resolved, That they deeply and
sincerely regret the death of their
distinguished fellow citizen, Thomas
McDonough, and while they sympa
thize with his afflicted family, they
regard his death as a serious calamity.
Resolved, That his Excellency
cause a copy of this preamble and
resolution to be transmitted to the
Family of Commodore McDonough.
Agreed to unanimously,
Dec. 22d, 1825.
Congress.
; Lish’ <>F MEMBERS
Os the Senate and House of Represen
tatives of the United Stutes.
SENATE.
MAINE. TV ORTH CAROLINA.
.John Chandler John Branch
John Holmes Nathaniel Macon
NEW HAMPSHIRE. SOUTH CAROLINA
Samuel Bell John Gnilliard
I.evi Woodury 1 Robert Y. Hayne
MASSACHUSETTS. GEORGIA.
Janus Lloyd J. M. Berrien 1 2
Elijah Hunt Mills Thomas W. Webb
CONNECTICUT. KENTUCKY.
Henry W. Edwards Richard M. Johnson
Calvin Willey 1 John Rowan
RHODE ISLAND. TENNESSEE.
Asher Robins 1 John.!!. Eaton
Nchcmia R. Knight Hugh L. White 2
VERMONT. . OHIO.
Dudley Chase 1 Wm. 11. II irrison 1
Horatio Seymour Benjamin Rugglcs
NEW YORK. LOUISIANA.
Martin Van Buren Dominique Bouiieny 2
One Vacancy Josiah S. Johnson
NEW JERSEY. INDIANA.
Mahlon Diclo rson Wm. Hendricks 1
•leseph Mcßvaine James Noble
I’ENNSYI.VANI A. MISSISSIPPI
William Marks 1 Thomas 11. Williams
William Finlay Tow button Ellis 2
DELAWARE. ILLINOIS.
I homas Clayton Elias K Kaned
Nicholas A an Dyke 2 Jt sso I>. Thomas
MARYLAND. AI ABAMA.
Edward Lloyj 2 Henry Chambers 1
Samuel Smithy W ill,am R. King
A lßfiirn A. MISSOURI.
Tarew. 11 o' David Burton
'n, Vacancy * TWrohn'ltf Rsnton
HOUSE REPRESENTATIVES.
MAINE.
John Anderson 1 2 Jeremiah O’Brien
William Burleigh Peleg Sprague 1
David Kidder Ebenezer Herrick
Enoch Lincoln
NEW HAMPSHIRE.
Ichabod Bartlett Joseph Healey 1
Titus Brown 1 Jonathan Harvey 1
Nchemiab Eastman 1 Thomas VYhippls -i r *
VERMONT.
William C. Bradley Ezra Meccli 1
Rollin C. Mallary George E. Wales 1
John Mattocks 1
RHOCf.' ISLAND.
Tristram Burges 1 Dutee J. Pierce 1 2
MASSACHUSETTS.
Samuel C. Allen Aaron Hobert
John Davis John Locke
Henry VV. Dwight Samuel I.athrop
Edward Everett 1 John Reed
John Bailey John Varnum 1
Francis Baylies Daniel Webster
B. W. Crowinshield
CONNECTICUT.
John Baldwin 1 Elisha Phelps 1
Naves Barber Gideon Tomlinson
Ralph J. Ingersoll 1 Orange Merwin 1
NEW YORK.
Parmenio Adams Henry Markell 1
Wm. G. Angel 1 Dudley Marvin
Henry Ashley 1 John Miller 1
Luther Badger 1 T. H. PorU r
C. C. Cambreleng S. Van Rensselaer
Wm. Deitz 1 Henry 11. Ross X
Nichol Fosdick 1 Robert S. Rose
Daniel G. Garnsey 1 Joshua Sands 1
John Halloek, jr, 1 . Henry R. Storrs
A. B. Hasbrouck 1 James Strong
Michael Hodman 1 John XV. Taylor
Moses Hayden G. C. Verplank 1
Charles Humphrey 1 Aaron Ward 1
Jeromus Johnson 1 Elias Whittemore 1 2
Charles Kellogg X Bartow White 1
Wm. McManus 1 Silas Wood
Henry C. Martindak Egbert Ten Eyck
NEW JERSEY.
George Cassedy George Holcombe
Lewis Condict Samuel Swan
Daniel Garrison Ebenezer Tucker
DELAWARE.
Louis McLane
PENNSYLVANIA.
James Allison James S. Mitchell
Wm. Adams 1 Samuel M’Kean
James Buchanan John Mitchell 1
Samuel Edwards George Kremer
P. Farrelly 2 George Plumer
John Findlay Andrew Stewart
Robert Harris Alex. Thompson 2
Joseph Hemphill James S. Stevenson 1
Samuel D. Ingham Espy Van Horne 1
Joseph Lawrence 1 James Wilson
Philip S. Marklcy Henry Wilson
Daniel H. Miller George Wolf
Charles Miner 1 John Wurts 1
MARYLAND.
Clement Dorsey 1 Robert N. Martin 1
John Barney 1 George E. Mitchell
John Leeds Kerr 1 George Peter 1
Joseph Kent T. G. Worthington 1
Peter Little
VIRGINIA.
Mark Alexander Charles F. Mercer
Wm. S. Archer Wm. M‘Coy
Wm. Archer, jr. 1 Thomas Newton
John S. Barbour Alfred H. Powell 1 2
Burwelf Besset John Randolph 2
Thomas Davenport 1 Wm. C. Rives 2
Benjamin Estill 1 Wm. Smith
N. H. Claiborne 1 John Taliaforro -
John Floyd 2 Robert Taylor 1
Robert S. Garnett 2 James Trezvant 1 2
Joseph Johnson Andrew Stevenson
NORTH CAROLINA. 1
Willis Allston 1 John Long 2
John H. Bryan 1 Archibald M’Neill 1
Samuel P. Carson 1 Wm. P. Mangiun
Weldon N. Edwards Lemuel Sawyer 1
Henry Conner Romulus M. Saunders
Richard-Hines X Lewis Williams
Gabriel Holmes 1
SOUTH CAROLINA.
John Carter Thos. R. Mitchell 1
Joseph Gist Sterling Tucker
A. R. Govan 2 John Wilson
James Hamilton, jr. Wm. Drayton
George M’Duffie
GEORGIA.
George Cary 2 James Meriwether 1
Alfred Cuthbert 2 F.dw. F. Tatnull
John Forsyth Wiley Thompson
C. E. Haynes 1
KENTUCKY.
Richard A. Buckner Robert P. Letcher
James Clarke 1 Thomas P. Moore
Robt. P. Henry Thomas Metcalfe
James Johnson David Trimble
Francis Johnson Wm. F. Young 1
Joseph Lecompte 1 Charles A. Wieklifie
TENNESSEE.
Adam R. Alexander John H. Marable 1
Robert Allen James C. Mitchell 1
John Blair Samuel Houston
John Cocke Folk 1
J. C. Isaacs
OHIO.
Mordecai Bartley John Thompson I
Philemon Beecher Samuel T. Vinton
John W. Campbell Elisha Whittlesy
James Findlay 1 Wm. Wilson
Wm. M'l.ean Joseph Vance
David Jennings 1 John C. W right
John Sloane John Woods 1
LOUISIANA.
Wm. L. Brent Edward Livingston
Henry H. Guriey 2
MISSISSIPPI.
Christopher Rankin 2
INDIANA.
Jonathan Jennings Ratcliffe Boone 1
John Test
ILLINOIS.
Daniel P. Cook
ALABAMA.
Gabriel Moore 2 John M‘Kee
George W. Owen
MISSOURI.
John Scott
ARKANSAS.
Henry W. Conway
FLORIDA.
Joseph M. W hite.
Those marked thus (1) are new members—
those marked thus (2), were absent on the
meeting of the National Legislature.
The House of Assembly consists of one
hundred and twenty-eight members. At the
late election nineteen were chosen who were
members of the last Assembly; thirty-seven
who were members of former Legislatures;
and four Speakers of former Houses of As
sembly. [Telegraph.]
Os the eight State Senators recently elected
in New York, two have been in the Senate
before ; four have been members of the As
sembly, and two have not, heretofore, been
members of either House. [lb. J
Washington, Dec. 1.4.
In the Senate yesterday, the vari
ous subjects of tlie Message of the
President were referred to their ap
propriate committees; and the rcso
solution offered by Mr. Johnson of
Kentucky, to appoint a Commiltee
to iuquire into the expediency of
abolishing imprisonment for debt,
was agreed to, after amending it, by
the same Committee to
inquire into tlie expediency oi estab
lishing an uniform system ol bank
ruptcy throughout the United States.
Some discussion took place on a
resolution offered by Mr. Kane, of
Illinois, relative to our existing Ju
diciary system, which will be Found
under our Senatorial head. A reso
lution was offered by Mr. Lloyd, of
Massachusetts,, calling ifyon the Na
vy Department fer the documents in
the case of Commodore Porter,
&.C.
In the House of Representatives,
Mr. W KBSTF.n presented the petition
of the surviving officers of the revo
lutionary army, residing in the State
of Massachusetts, which was read
and referred to the select Commit
tee on the Claims of Revolutionary
officers. Mr. Wurtz presented a
petition on the subject of a National
Vaccine Establishment, which was
referred to a select committee. A
series of resolutions were introduced
by Mr. B ailey of Massachusetts the
object of which is to amend the
Constitution, by conferring on Con
gress a specific power to appropiate
money for roads and canals, a Na
tional University, and the encourage
ment of the useful and liberal arts.
The object of these resolutions is to
place all powers in relation to roads,
canals, colonization, and education,
exclusively with the States; except
ing that Congress may appropriate
money to be expended by the seve
ral States for such of these objects
as the States shall please, and may
also make surveys, and in urgent ca
ses, construct roads and canals, and
exercise several minor powers relat
ing to education and the arts. , Mr.
Mitchell, of Tennessee, also intro
duced a resolution to amend the
Constitution so far as to make a Sen
ator or Representative in Congress
ineligible to any office in the gift of
the government, while in possession
of his seat, or within one year after
the expiration of service.
A committee on the Territory was
ordered, on motion of Mr. Strong,
to be added to the list of standing
Committee; and a change was made
in the names of the revolutionary
Committee, so as to give them more
extensive cognizances, and to pre
vent these errors and difficulties
which have heretofore arisen in the
reference of petitions of-tins char
acter.—National Journal.
The high terms in which the Grand
Jurors of Richmond county, speak of
the first official acts ofhishon. Judge
Schley, now judge of that circuit, are
just, as they are complimentary.—
The tribute paid to the jqdicicl char
acter of his honorable predecessor,
is equally satisfactory. The crea
tion of-a •' Court of Erronrs,” is of
illimitable importance to the equal
distribution of justice. This is de
monstrable upon two principles. The
decision of the Judge (for “ fallible
beings must fail somewhere”), may
often decree unequal judgment either
through ignorance of the laws, or
through an undue preponderance of
favor to one of the parties.
Right or wrong, or partially just
and partially unjust, their decision is
irrevocable; nor can it in anywise ad
mit of modification, but by their own
consent. It is the main object of this
Court to correct the errors in Law of
other Courts. The very evils ap
prehended from such a Court, we
think would most certainly be obvi
ated by its establishment, in asmuch
as it would as surely superinduce a
universal regard to uniform and un
deviating accuracy. *
Extract from the Augusta Chronicle.
We lay before our readers to-day,
the presentments of the Grand
Jury of this county, and the excel
lent charge of his Hon. Judge Schley.
We have seldom, or perhaps never j
seen a charge with which we were
more pleased than this of Judge
Schley the liberality observed
throughout, the total absence of all
party feelings, and the peculiar air of
modesty couched in language, which
speaks the sincerity of the writer,
are alike equally admirable. The
Grand Jury have done honor to
themselves, by the well-merited com
pliment which they have paid to the
general conduct of the Judge, and to
his charge.
Richmond Superior Court.
JVovember Term, 18(25. £
WE, the Grand Jury, have great
pleasure in noticing the promptitude
evinced hy the Civil Authorities, in
detecting criminal offences, by which
the public peace has been happily
preserved in the county and city.
For the full and able exposition
of our duties as Grand Jurors, con
veyed in the excellent charge, of
his Honor Judge Schley, deliver
ed at the commencement of the term,
we are much indebted; and while
he enumerated the qualities tor the
Judicial Bench, among which were
talents and integrity, and modestly
declined laying claim to the former,
we are convinced that confidence may
be fully reposed in both. While ac
knoAvlcdging the fair claims which
his Honor Judge Schley, has on
this community, we cannot but pay
a parting tribute of our esteem and
respect for he- predecessor, who in
the course of his administration, so
highly enjoyed the confidence of his
fellow-citizens.
JOHN CORMlCK— Foreman.
B M KINNE,
W. S. DEARMOND,
WM HENRY EGAN,
JOHN PIHNIZY,
RICHARD ALLEN,
JOHN CRESWELL,
I*. H. CARNS,
JAMES HARPER,
JOHN HALES,
GILBERT LONGSTREET,
THOS. I WRAY,
JOHN BONES,
EDWD. J .HARDIN,
W. C. DILLON,
COSBY DICKINSON,
JOSEPH GRANT,
WALTER HARRIS,
JOHN KERR,
OLIVER REED.
We, the undersigned Grand Jurors,
claim the right to express our senti
ment sin addition to the above section,
and while we deplore the existence
of party spirit in the State, and depre
cate the extent to which it has been
carried, by the indiscriminate remo
val from office, of talents, learning,
independence and integrity, as par
ticularly evinced in that of the late
Judge of this circuit; we fully co-in
cide in the tribute paid to his honor
Schley, whose administration on the
bench fullv merits our approbation.
JOHN CORMlCK— Foreman.
EDWARD J. HARDIN,
THOMAS I. WRAY,'
JOSEPH GRANT,
WALTER HARRIS,
COSBY DICKINSON,
W. C. DILLON,
JOHN BONES.
A true extract from the Minutes.
JAMES M’LAWS, Clerk,
Mr. Foruman, and
Gentlemen of the Grand Jury.
The high and honorable office,
which I now hold, and to which I
have been called by the Representa
tives ol the people of Georgia, is one
of great responsibility; requiring for
the correct and faithful discharge of
its duties, talents, learning and integ
rity. To the two first of these I will
not pretend to have any claim; —the
last, however, I hope I possess ; for
it does not necessarily accompany
the others, but is possessed in com
mon by (he wise, the foolish, the
learned and the unlearned.
Whether I shall have the good
fortune to please my fellow-citizens
during my administration, is a mat
ter yet to be determined, it is my de
sire to do so; and 1 believe that a
correct and faithful declaration of
tholaw, from the bench is the only
means by which that object can be
attained. But it cannot be expected
that 1, who now for the first time as
cend the bench, and who heretofore
have been accustomed to examine
the law with reference only to one
side of a cause, should be altogethar
qualified to decide correctly every
question which the multiplied rela
tions of life, and the various transac
tions of a commercial country must
necessarily produce: and therefore
I look with confidence to you gen
tlemen, to mv brethren of the bar,
and to my fellow-citizens generally
for a lenient judgment of my acts.
1 cannot hope to be always right,
nor do 1 fear that I shall be always
wrong. All men are liable to error,
for it is not in the nature of man to
be infallible, and when such men as
Mansfield, Kenyon, Ellenborougli,
Marshall and Kent, some of whom
have sat on the bench for thirty
years, have erred in their judge
ment ol the law - , and been compelled
to reverse their own decisions it will
not be matter of surprise if I fall far
short ot that perfection, which we
vyould all be happy to find in him who
fills this bench, it is my earnest de
sire to discharge the duties of this
office with honor to myself, and ben
efit to the country; and I shall spare
no pains to qualify myself to do so. In
regard gentlemen, to your duty as
rrand Jurors, 1 presume that you arc
already well instructed, not only by a
long course of practice, but also by
the many learned charges which you
have heretofore received from this
bench. Under Ibis impression, I
shall not long detain you on that sub
ject. Your duties as you well know,
are both oi a criminal and civil na
ture. As grand Jurors you are sworn
“dilligently to enquire and true pre
sentments make ot all such matters
and things as shall be given you in
charge or come to your knowledge
touching the present service, &c.”
The explanation of this oath given
by my predecessors is entirely satis
factory to me, and therefore, in the
opinion of the court, you are not re
quired to present any matter or thing
within your knowledge previous to
the time w hen you are impunnelled
and sworn, but only that which shall
conle to your knowledge after you are
sworn.
The Grand Jury must consist of
not less than eighteen, nor more than
twenty-three members; but twelve
concurring in opinion are competent
to lind a true bill, although the names
ot eighteen Jurors at least must be
inserted in the bill, that it may ap
pear that there was a complete Ju
ry.. The office of a Grand Juror is
one requiring much deliberation and
inA r estigation, he is called upon to
determine a cause upoii exparte evi
dence, and that, very often delivered
under the excitement of feelings not
well calcula'cdto produce the truth.
It is your duty then to weigh well
the evidence, and to be satisfied that
the individual wjiose case is under
consideration ought to be brought to
the bar of his country, before you
return a true bill. And gentlemen,
whilst it is your duty, as I presume
it is your desire to present to this
court for trial, every man who vio
lates the laws, and against whom
enough appears to authorise you to
do so; it is equally your duty to pro
tect the innocent and to punish their
prosecutors by endorsing the bill
“malicious prosecution” whenever
you may lie warranted in that course
bv the evidence before you. If at
any time during the present term you
may be disposed to make any pre
sentment. permit me to say to you,
that there should be as much cer
tainty in them, as in a bill of indict
ment ; and that therefore you must lie
particular in stating the time and
place, when and .where the offence
w as committed.
I am required by law to give you
speci; lly in charge two acts of the
Generally Assembly: One upon the
subject of Gambling, and the other
with regard to trading with slaves.
Both these acts were no doubt inten
ded to correct the morals of the peo
ple. and produce beneficial effects
upon society; but whether the first
is so constructed as to effect the ob
jects had in view by its . framers, is a
question for the public to determine.
Gambling is a vice against which
every good and virtuous citizen
should raise his voice, and its vota
ries should receive public indignation
and exemplary punishment. But
whilst we seek to punish these pests
of society, who disgrace the nature
they bear, let us not disturb the ino
cent amusements of the good, the
virtuous and the fair. And yet as
the law now stands, there is no dis
tinction made, between the professed
gambler, who seeks to defraud his
neighbour, and seduce to vice the
youthful and unwary; and the virtu
ous citizen who play a game of drafts
or chess with his wife or daughter to
relieve the tedium of an heavy hour.
The consequence is, that the law
operating thus unequally, is seldom
enforced, because many who would
willingly siep forward against real
offenders, dare not do so, lest they in
turn might be obnoxious to the same
punishment, although they had in fact
cjinmitted no crime.
As special jurors you are called up
on to exercisethe civil duties of your
office in determining the rights of
your fellow-citizens. The trial by
jury is guaranteed to us by the con
stitution of our country, and is em
phatically styled the great privilege
of freemen. In criminal cases eve
ry opportunity is giv en so tl\e accused
to lie delivered if he be innocent ;
for he cannot be called to answer un
til twelve at least of bis most enlight
ened fellow -citizens shall be satisfied
that enough appears against him to
put him on his trial; and then, if the
crime charged be-of any magnitude,
he has the right to select his triers
from amongst forty-eight of his coun
trymen. In civil causes our rights
are equally protected by jury trial.
For it a party be dissatisfied with the
verdict of a petit jury, he has the
right of appeal to the decision of a
special jury, who, from their superior
know ledge and judgment are presum
ed to be better qualified to do justice
between the parties. And whilst
jurers remember the high station in
which they are placed as the arbiters
of right, and reflect on the awful re
sponsibility of their office, the lives,
the liberty and the property of the
people are protected.
But I fear the time will come, if in
deed it has not already arrived in
some places, w hen religious or polit
cal opinions will be the test of truth
and excellence. In the violence oi
feeling too often engendered in these
'conests, w e are aptdo mistake prej
udice for principle, anil wedded to
our own opinions to view those who
differ from us as heretics, fit only for
the stake. If this state of things
should ever arrive (which God forbid)
yet I hope and trust it w ill never be
permitted to enter w ithin the portals
of this temple: Here the scales of
justice shall be always balanced, un
til the law and the testimony shall
turn the beam Whatever may be
our dissentions without these walls,
it is your duty and mine, the* moment
we enter within them, to divest our
selves of all other feelings than those
produced by the law ami the facts.
We should view all men alike, for all
are entitled to justice, and we should
decide every cause as between A.
and B. whom we never saw.
But Gentlemen,even with all these
guards thrown around us, yet we are
not secure. We want a head to di
rect and give energy anil certainty to
the whole. Our Judicial system “if
indeed ” as Mr. Prince remarks “that
can be culled a system which has no
head,” is extremely defective, there
being no court for the correction of
errors in law, committed by the ts v
eral district Judges. Now each
Judge is supreme dictator ofthe law
in his own circuit, from whose decis
ion there is no appeal; and if he de
termine a cause contrary to the prin
ciples of law and common sense, no
matter whether it proceed from ig
norance, prejudice, or favouritism,
the effect is the same to the person
injured, and he must suffer the conse
quence without the possibility of re
dress*. It is true that the Judge has
the power to correct his own errors
and grant new trials, but so strong is
the pride of opinion, the be would sel
dom be disposeiTto believe himself
wrong; and mpre particularly so if
the error had proceeJed from either
the one, or the other of the causes
before meutiout and.
TKr-rc are seven judicial districts
in Georgia, and each has its own pe
culiar laws, liable to be changed ev
ery three years The materials out
of w-hicii these various laws are made
are furnished by the General Arsern
hly, ami may be found in the Statute
book of the state, and in the bdoks
of Reports of other countries w hich
have been adopted as the law. But
when these undergo judicial investi
gation, they are found to he one thing
in this circuit, aifcl another in that ;
and they receive so many different
constructions, that a gentleman learn
ed in the law in one circuit, is not
qualified to give an opinion upon a
case arising in another. Hence we
have no laws of Georgia, and our
rights depend, not upon the fixed and
immutable principles of law, but. the
opinions of the individual who lor the
time fills the bench. This is a de
plorable state of things which calls
loudly for amendment, and I hope
the day is not far distant, when the
people will he sufficiently enlighten
ed to see their danger and provide a
remedy. I deem it unnecessary gen
tlemen, to enter into detail up‘*n this
subject, because your own good sense
w ill at once discover the necessity of
providing some corrective power,
and of abridging in some degree, the
present almost omnipotent power of
the Judges; a power, in mv opinion,
dangerous to the liberty ami happi
ness oftlie people, should it ever be
improperly exercised.
'l’he great objection which seems
to exist against a court for the cor
rection of errors is the delay and ex
pense*. But this objection will equal
ly hold, and indeed with more force
against the bringing up of a cause
from an Inferior or Justices court by
certiorari in order tohave errors in
law corrected by the Superior court;
and I presume (he people would con
sider it a great abridgment of their
rights, if this privilege was taken
from them. But really the delay and
expense would not in the end be as
great as they now are, because when
once a principle was decided in the
Supreme Court, it would govern all
other cases of the like kind, and the
Judge below could at once deter
mine the law, Without taking six
months to consider of the matter, as
he must now often do. Admitting
however, that the delay ami expense
are greater than at present, is this,
any reason why you shall not be per
mitted to seek justice if vou choose
to pay for it ? certainly not. As well
might vve say there should be no
courts of justice, because theyare at
tended with expense.—Many person-'
are under a misapprehension in re
gard to the nature and construction ol
this Court; believing that the facts
ol the cause are to lie again tried
there by a Jury, and that the parties
and their witnesses will lie compel
led to attend. But this is not so, for
there, there will be no Jury nor no
witnesses The facts will be deter
mined as now, in the county where
the defendant resides, or where the
land lies; and the only thing to hr
enquired of by that court will be the
law; and hence noueneod atteudthere
but the Judges, and the Counsellors
engaged in the causes.
I have made these remarks Gen
tlemen, in order to call your atten
tion to the subject, and if you should
believe as I do, that such a court is
necessary for the welfare and happi
ness of the people, you will give such
instructions to your Representatives
now in General Assembly, as your
own judgment may suggest.
In Oglethorpe, on tho 7th instant, at the re
niiieiice of h«-r father, Mi". David Langston,
Mrs. FRANCES GILDERSLEEVE, wile
of the Reverend B. Gildersleere*. Mrs. G.
endured a protracted illness for more than
three months, with Christian patience and re
signation. Sh*- anticipated for some time the
day of her dissolution w ithout the least dread
of the event; and has left to her afflicted rela
tives ar.d friends, the consolation of believing
that she slcepeth in Jesus—that one more is
taken from the Church militant and added to
the Church triumphant, “ Precious in the
sight of the Lord is death to his saints.”
FIVE DOLLARS REWARD.
Runaway from the
Subscriber, living five miles
ZtO from Clinton, on the road
leading to Lewis’ ferry, on
the. Oakmulg :e river, on
the night ofthe 6th Novem- .
jdpUSff i ber, a Negro W oman nam
ed MARIA, about 22 years
of age, and of dark com
plexion. It is believed that she has made her
nay to Jasper county. Any person securing
her in any jail so that I can get her again, or
by delivering her to me, shall receive the
above reward.
JAMES FINNEY.
Dec. 27, 3tNo2
Alexander King, I Scire Facias in the Su-
Informer, j perior Court of Newton
vs. > county, Octqher Term,
Abraham Hilton, [ 1825.
Drawer. J
WHERF.AS it appears from the return
of the Sheriff, that the defendant
Abraham Hilton, is not to be found
in said county ; On motion of King K. Cutb
bert, Attorneys for tbe informer, it is ordered
by the Court, that the defendant appear and
answer the said Scire Facias at the Superior
Court, to be held in and for said county, on
the first Monday in April next, and that ser
vice be perfected by the publication of this rule
once a month for three months, previous to
the sitting of said court The above is a true
copy from tbe minutes, this Bth October, 1825.
JOHN H. TRIMBLE, Ct’k.
Dec. 27, 3