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SATURDAY, November 7, 17851.]
THE AUGUSTA CHRONICLE
A N" D
GAtZET T E of the STA TE.
FREEDOM of the PRESS, and TRIAL bj JURY, shall remain inviolate. New Con fit ut ion of Georgia,
AUGUSTS: Printed JOHN E. SMI TH, Printer to the State ; ■ Ejfays, Articles of
Intelligence , Advert ifements, &c. will be gratefully and every kind of Printing performed.
An Aa to ejlablijh the JUDICIAL COURTS'
of the UNITED STATES;
(Continuedfrom our laft.)'
he it further tnaitld , That the su
preme court flfaU have exdufive ju
rifdkiioii of all coritroverlres of a civil
nature, where a ftafe is a party, except be
tween a state and its citizens ; and except
aifo between a state and citizens of‘other
Hates, or aliens, in which latter case it (hall
have original but not exclusive ju'rifdiftlbh.
And (hall have exclusively all such jurisdic
tion of suits or proceedings against ambassa
dors, or other public ministers, or their do
tneftjcs, or domestic servants, as a court of
law can have or exercise confidently with the
law of nations ; and original, but not exclu
sive jurifdiftion of all suits brought by atn
baliadore, or other public ministers, or in
which a consul, or vice-couful, (hall be a
party. And the trial of issues iu fad in the
supreme court, in all adions at law against
citizens of the United States, (hall be by jury.
The fitpreme court (hall also have appellate
jurifdidion from the circuit courts and courts,
of the several states, tn the cases herein aEer
Specially provided for: And tliall have power
to issue writs of prohibition to the diftrid
courts, when proceeding a* courts of admi
ralty aud maritime'jurifdidion, and writs of
•mmdamns, in cases warranted by the princi
ples and ufiges of law, to any courts appoint
ed, or persons holding office, under the au
thority of the United States.
And be it further enaded , That all the be- •
forementioned courts Os the United States,
lhall have power to iifue writs of /are facias,
habeas co pm, and all other writ* not specially
provided for by ftatute,' which maybe nefcef
lary for the exercise bf their refpedivc jurrif
didibns, and agreeable to the principles'and
usages of daw. And that either'of the jus
tices of the supreme court, as well'is judges
of the diftrift courts, flixlt have power to '
grant writs- of habeas corpus' for the purpose
of enquiry into the cause of commitment:
Provided , thai writs of habeas corpus, (ball
in no case extend to prifeners in gaol, unless
where they are in enftodunder or by colour
of the authority of the United States, or are
committed for trial before feme court of' the
fame, or are neceflary to be brought into '
court to teftify.
And be it f urther enaßed, That all the said
courts of the United States, ‘ shall have power
in the trial of aftiom at law, on motion and
due notice thereof being given, to require the
parties to produce books or writings in their
polfeffiou or power, which contain evidence
pertinent to the issue, in cases and undef cir
cumstances where they might be compelled
to produce the fame by the ordinary rules of
proceeding in chancery ; and if a plaintiff
lhall fail to comply vfith loch t>rder, to' pro
duce booksor writings, it shall be lawful for
the courts refpeffively, on motion, to give
the like judgment for the defendant as in cases
of notifnit, and if a defendant (hall tail to
comply with such order, to produce books or
writings, it (hall be lawful for the courts re
fptftively, on motion as aferefaid, to give
judgment against him or her by default.
And be it further esta&ed, That suits in ’ev
quit? (hill not be sustained in either of the
eourts of tlyl United States, in any case where
plain, adequate and complete remedy may be
bad at law*
GEOR GIA.
And be it further tnaßed, That all the said
courts of the United States (hall have power
to grant new trials, in cases where there has
been a trial by jury for rea.'ons for which new
trials have usually been granted in the courts
of law; andftiill have power to impose and
adrainifter all necelfary oaths or affirmations,
aud to punith by hue or imprifonmeut, at the
diferetion of said courts, all contempts of au
thority 'in any ‘ cause or heariug before the
fame ; and to make and eftabhfh all uecefiary
rules fcfr the orderly conducting buiinefs in
the said courts, provided such ruies are not
repugnant to the laws of the United States.
And be it further enuded, That, When in a
circuit court, judgment upon a verdiftin a civil
adiou lhall be ente<ed, execution may on mo
tion of either party, at the diferetion of the
court, and on such conditions for the fecurit/
of the adverse party as they may judge pro
per, be flayed forty-two dafS from'thft" time
of entering judgment, to give time to file in
the clerk’s office of said court, a petition for
a new trial And if such petition be there
filed within said term of forty-two days, with
a certificate thefeoti ftoin cither of the judges
of such court, that he allows the fame to be
filed, which certificate hi may make or refute
at his diferetion, execution (hall of course be
further ttayed to the next session of said court.
And if a new trial be granted, the former
judgment (hall be thereby rendered void.
And be it further tnudtet, That it thall be
the duty of ciicuit courts, in caulcs in equity
and of admiralty and maritime jnrifdiCtion,
to cause the fafts on which they found their
sentence or decree, fully to appear upon the
record either from the pleadings ami decree
itfelf, or a Hate of the case agreed by the
parties, or their council, or if they difagicc
by a dating of the case by the court.
And be it further enacted , That where in a
circuit court, a plaintiff in an aftion, original
ly brought there, or a petitioner in equity,
other than the United States, recovers lets
than the sum or value of five hundred dollars,
or a libellant, upon his own appeal, less
than’the sum or value of three hundred dol
lars, he lhall not be allowed but at the difere
tion ot the' court, in ay be adjudged to pay
calls. *
And he if further tnaSed, That from final
decrees in a diftrift court in causes of admi
ralty and maritime jurifdiftion, where the
matter in dispute exe’eids the sum of value of
three hundred dollars, exclusive of coils, an
appeal lhall be allowed to the next circuit
court, to be held in such diftrift. Provided,
nevertheleji , That* all such appeal* from final
decrees as aforefaid, front the diftrift court
of Maine, (hall be made to the circuit court,
next to be hoiden after each appeal iu the di
drift of Maftachuietts.
And he it further tna3ed, That final decrees
and judgments in civil aftiona in a diftrift
court, where the matter iu difputd exceeds
the sum or value of fifty dollars, exclusive of
cods, may he re-examined, and reversed
or affirmed in a circuit court, hoiden in the
fame diftrift, upon a writ of error, whereto
lhall be annexed and returned therewith at the
day and place therein mentioned, an authen
ticated traufeript of the record, and affigu
ment of errors, and prayer for tcverfal, with
a citation to the adverse party, signed by the
judge of such diftrift court, or a justice of the
supreme court, the adverse party having at
[Vol. IV. No. CL XII.]
leal! twenty days notice. And upon a like
process, may final judgments and decrees in
civil aftions, and suits in equity in a circuit
court, brought there by original process, or
removed there from courts of the feveraf
I‘atcs, or removed there by appeal from a
diftrift court where the matter in dispute ex
ceeds the sum or value of two thousand dol
lars, exclusive of colls, be le-examined and
reversed or affirmed in the supreme court, the
citation being iii such case signed by a judge
of such circuit court, or justice of the fti- *
preme and the adverse party having at
leal! thirty days notice. But there fliall bo
no reversal in either court un such writ of er
ror for error in ruling any plea in abatement,
other than a plea to the jurifdiftion of tho
court, or such plea to a petition or bill in e
quity, as in the nature of a demurrer, or for
any error in faft. And writs* of error lhalt
not be brought but within five years after ren
dering or palling the judgment or decree com*
plained of, or in case theperfon entitled ro
such writ of error be an infant, feme covert, ,
non compos mentis, orimprifoped, then with
in five yeats as aforefaid, exclusive of the .
time of such difabifcty. And every justice or
judge figniftg a citation on any writ of error
as aforefaid, lhall take good and lufficient fe—
entity, that the plaintiff in error lhall prose- '
cute his writ to effeft, and answer all da
mages and colls if he fail to make his plea
good.
And he it further enaflrd That a writ of
error as aforefaid lhall be a fuperfedeas and
Hay execution in cases only where the writ
of error is feived, by a copy ibereof being
lodged for the adverse party in the clerk’s
office, where the record remains within ten
days, Sundays exclusive, after tendering the
judgment or paffi/ig the decree complained of.
Until the expiration of which term of ten
days, executions lhall not iflue in any case
where a writ of error may be a fupeifedeas;
and whereupon such writ of error the supreme
or a circuit court lhall affirm a judgment or
decree, they lhall adjudge or decree to ihere
fpondent in error just damages for his delay, '
and fiagle or double colls at their diferetion.
Aid be it further enaQ'ed, That when a
judgment or a decree fliall be reversed in a
circuit court, such court lhall proceed to ren
der such judgment or pass such a decree as the
diftrift court Ihhuld have rendered or pafled ;
and the fuprerbe court lhall do the fame on
reverlals therein,' except where the reversal
is in favoi of the plaintiff, or petitioner in
the original fuit,'afid'the damages to be af
feft’ed, or matter to be decreed, are oncer
tain, in'which case they thall remand the cause"
for a final de'cifiou. And the supreme court
Hull not iffoe execution in ca’ufcs that are re
moved before them by writs of error, but lhall
fend« special mandate to the circuit court to
award execution thereupon.
And he it further enacted, That a final judg- '
ment or decree in any suit, iu the highest
court of law or equity of a Hate in which a
decision iu the suit could be had, where ia '
drawn in cpeltion the validity of a treaty of
statute of, or an authority exercised under the
United States, and the deeilion isagainlt their
validity; or where is drawn in question the
validity of a statute of, or au authority txer
■ cifed under any state, on the ground of theic *
being repugnant to the conftitutiotj, treaties *
or laws of the United States, and the ueci- '
