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Three Do Us,per ami.']
Volume V.]
“judge T'AlT's charge to the Grand
jjury of Wilkes county , Novem
ber term , 1805.
In every age and in every coun
try where free governments have
prevailed, where laws have pro
tt&ed the citizen in the display of
his talents and in the acquisitions
of his induflry, it has been obferw
ed that the moral condition of man
has improved and the circle of his
individual felicity extended.—The
truth of this observation is won
derfully exemplified in the present
condition of the people of these
United States.-r-Blefled with gov
ernments, which guard with vigi
lance the sacred principles of lib
erty, and at the fame time, incul
cate the neceflity of order and
submission to the laws ; favored
by superior advantages both nat
ural and moral to tnoft countries
in the world, we have seen an in
fjaved people in a few years rife
in population, in wealth, and in
general prosperity, to a point of el
evation which excites the admira-
lion of the preterit age, and will
cornmnnd the wonder of posterity
•—.we hive .witiK-ffed the praftica
fcilhy of thole free principles of
government* which, have been dear
to the friends of human happinefc
. fa-mryjage.. We find that a re
publican form of government is
not only beautiful in theory, but
that in its practice it is capable
cf making us happy. Surround
ed by numerous blessings, the re
la !i of cur political inttitutions and
our position in the world, it may
be asked what is wanting to per
petuate our happiness and com
pisat the circle of cur public feli
cities ? Nothing, but to persevere
in the ccurfe which has lead us
to prape, honor and profperity—
to cherish a reverence for these
wnich have been the iource of our
psst, and which is the guarantee
f, f our future well fare ; to red in
cur federal and date conductions,
ss now explained, underdood and
adtniniftered, as the (beet anch
or of our political fafety, as the
btft security of our future prof
penty and happiness.—But a sac
red regard for firft principles or
2 reverence for our republican in
stitutions is not alone fufficient—
as citizens and as officers it is our
ut y to obey and enforce those
iV' 73 c men ate from the con
stitution. It is charafteriftie of
cur form of government, that the
r'p t>e mild, that those laws be
inflexibly executed, that protec
tl °n accompany innocence, and
guilt. This rigid talk
principally o n fined to courts
°* justice. We are now conven
eu to admhilfter the laws, to make
jaern a terror to the licentious and
/twlefej and a protection to the
Inn °cent. In this work, gentle
*^ er h you have a principle agen
fT> organized as a grand jury,
the power of enquiry
ar,< * presentment. It is unnecefla*
!/’ *nd would be impofiible at this
t 0 enumerate all the offences
t w ... ‘ i 4 S’ • m
W ° TOK CGEQSOiAj Printed weekly for Sar.ui Hilliicuke.
cognizable by this court. Poffcf.
| n g exclusive criminal jurifdic
t,on > f er y offence, either at con-
Kton law or by statute, must be
here nwefttgafetl—it is your duty
to pa.s on all bill of indictment
, , , m ?y he prefered to you by
tne fohcitor general.—And here
1 will observe, that in. all cases
you will have only the testimony
on tne part of the prosecutor,
and unless from that testimony
there is produced a well ground
ed beliei, a rational conviction on
join- minus that the accused is
guilty, it is my opinion you should
ignore the bill, io be arraigned
at the bar of a court of juUice is
always more or less ignominious,
and to the innocent man will be
feit as a severe wound to fen Abil
ity you will listen therefore with
caution to those accusations which
you may have grounds to be
lieve originated in envy, hatred,
or malice; in the gratification of
private passion, and not in zeal
for the public good.—But where
you are convinced a crime or mif
demeauor has been committed you
will act with decision and promp
titude, you will give your sanc
tion to the accusation, and as far
as it depends on you, bring the
violator of the law to condign
punishment.. It is .not-only your
province, gentlemen, to approve
or reject those bills of indict
ment, which may be prefered
to you by the proper officer dur
ing the present term, but if it
should be thought neceffiiry, you
may take a much more ex ten five
range in your enquiries.
If there are any a bulbs exud
ing in your county of a general
nature, which may have come
within your own knowledge, or
c-f the knowledge of any of you,
it is your duty to take notice of
them in your preferments. As
our legal ccnfors, and in a high
degree the guardians of our laws
and of public morals, if is pecu
liarly your province to notice the
the conduct of your public offi
cers. if there are any who have
neglefted the performance of those
duties enjoined on them by the
laws, or have exceeded and abid
ed those powers confided to them
by the government, they are pro
per fubjefts of your enquiry and
! preferitment. In a government
! like ours, every thing depends on
the fidelity of their public funft
: ionaries; it is on their vigilance
I and integrity that we muff rely
to brace up and give energy to
our fyllem of diftriburive juflice,
?nd make every one fed the po
j wer of the laws, either in its pro
! teftior or pumflimeijt.
In this country, where the pub.:c
burthens are as nothing, and tax
ation little more than a name,
such is the fyftein of pubhc eco
nomy , that the contributions, light
as they are, are confide.cd Juffi.
cient for the ex.gene.-S o *.-
community; h e tout mx -
bnd driven who intenttonaHy elud
,hc payment of that lma.l
SATURDAY, JANUARY 25, 1806.
squired of Hun by the govcm
yet It seems that the num
ber of defaulters in the hate has
oecome so conquerable that the
legislature has tnought proper to
iruerpofe. By the twentieth fee
tiori of the tax acl ot the gener
al affcmbly for the year 1804, it
io made the duty of the judges
of the superior courts to charge
the grand jurors cn the present
circuit, to enquire into this grie
vance. \ou will apply to the re
ceiver of tax returns for a lift of
defaulters (ji any in your county)
and if there is any one who has
been so unmindful of his obligation
to civil society as to have refut
ed or neglected to return to the
-Hrtcer •alb.temcnt of his
taxable property, you will notice
in your prcfcntmaits,'that
his iniidemeanor may be puniflied
as the b.w dire As.
r i he above, gentlemen, are the
outlines of your duty, as it ref.
peAs objects of a criminal na
ture : but it is perhaps peculiar
to our laws, that you are eonftku
ted the arbiters in all cases of a
civil nature in the halt resort.
ihis is not the leaf! important of
your duties; to decide cn the
rght o| your felLvy citizens, to
do what is right between man
and man, will require caution, de
liberate n, impartiality and firrti
r.efs. When afl‘ng as fpccial ju
rors, under the obligation of a spe
cial oath, l doubt not but you
will be animated by the spirit of
dispatch, of substantial julfice, and
of equity.
Gentlemen of the grand jury,
Such I have no doubt with be
your private, as well us official
deportment, during the present
tern—ffi marked ior sobriety, or
der, and attention to business, that
there will refuit much good to
your country ; that vies will be
suppressed, and virtue supported.
—.
Presentments of the Grand Jury
for Wilket county , November
term , 1805.
We, the grand iaquefl for the
county of Wilkes, upon our oarhs
prefont —Fir (I,
1. That the roads in general
are in bad order, but have it. not
in our power to make prefer, t
ments, for want of proper infor
mation.
*2. We recommend to the next
Inferior Court, to pass an order
to change that piece of new’ road
cut from iCaill’s cabbins int.> the
road called Crefweli s, and clta
blilh the old road.
3. The widow Bratnblett, who
is returned a defaulter, made ap
plication to be retailed from the
payment of taxes upon property
given in by her son, Jesse Bramb
letf, and which has been paid by
him, and for which foe has been
retarded a defaulter ; therefore
think (he ought to be relieved.
4. Bernard Reify we find has
mid one dollar and ninety cents
more than his lawful tax, there-
[Pay able half yearly.
lore ought to be relieved.
5. Also, that Robert and John
Bojion have paid a double tax, in
A uence of their having giv
en in their property in this coun
ty, by their agent, and also in the
county, where they live; there
fore are of opinion they ought to
be relieved.
0. and e view with concern and
regret the fhamefui wafts of the
public funds, occafiby a late
act of the legislature, in disposing
°h by lottery, a large and valu
able tradi of c< untry, the proper
ty of this (late, and thereby ne
glecting the opportunity of doing
justice to our and
of lerving the true fnter
dt, by promoting public institu
tions ; therefore recommend to
the next legislature the adoption
of a mode cf disposing of the
lately acquired territory, better cal
culated to tnfure tlic public inter*
est.
7. We also view with surprise
and concern, and cannot but de-
pricate the mifehievous conftquen
ces which it seems to us, reuft
inevitably result fro on a rfoufe in
an act pass .1 by the logiibture at
their last session, entitled, u an aft
| “ for the limitation of aftions, and
44 for avoiding fairs at law ; and
<c to repeal the aft palled on tjbttjtSS
cc fobjf ft the twenty-fevemh of
u March, 1767.” The clause to
which we have reference is as fol
lows :—And that the commence
“ irg of an aftion or a&ior.?, \vith
€( in the time limited, and afier
<s wards difcor.tinning or becom
u ing non suit in the fame (hall nc t
u defeat the operation of this aft.”
We feel curfelves at a loss to con
ceive any benefit which k to be
derived from t Ids aft. Ir fa ms
to us in dire cl contrav? n*ion to
the foundation on which it is built,
and on which a font* it can be
defended ; as we conceive, so far
from avoiding folts at law, that
its poll live tendency mu ft he to
multiply them ; for a creditor,
A J
however disposed to indulge hi*
jxx>r and mtiullrkuis debtor, can
not. hereafter excscifc bis benev
olence, left by fcme cafoaity, the
inadvertency or ignorance ©t an
attorney, a flip of the pen, or
careb.finds of a clak, hi claim
fhpuld be forever barred > tints
affording to the bale and unprin
cipled, who alone would ava l
ihemfc'ves of this law, the means
of avoiding the payment of a just
debt, and robbing .(perhaps) a
meritorious and diligent fuilor of
his re nedy again ft a fpeder, who
may have done an ivrcpsrsbfe Irt-
Ijurv, but v. bo meanly ftv. ’trrs
him ft !I under this nefarious cf ul *.
We cannot fuppote ihar the mem
ber who penned this ebufe cmdd
have been ignorant, that the l?.iv
and practice of th ? country,
whence we derive alomfl all our
feral notions, and whose in dilu
tions matured by lift'd >m and ex
pcricQCC we have been accustom
ed to admire, as aiib the
of our fiftet states, are diametric*
[Number 2.57.