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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.