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Three Dolls, per ann.J
V olume VIII.]
CONDITIONS.
The Monitor will be pub
lished every Saturday, on a
sheet of the present sise, at
three dollars per annum,
one half on subscribing, the
other half at the expiration of
six months. A supplement
will be added, when the ad
vertisements exceed one half
the paper, on an average.
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ed to subscribers in Wilkes
county, at the Printing or
Post-Office, as may be direct
ed, and packages made up for
neighborhoods, if requested.
To subscribers at a distance,
the papers*-will be punctually
forwarded by mail agreeable
to their directions, or any oth
er way requested, at the ex
pence of the subscriber. Ail
subscribers will be considered
as such, until they pay up their
arrearages,, and request their
papers stopped.
Advertisements will be in
serted once at sixty-two and
an half cents per square, and
&hy cents for each continua
tion. To those who have ad
vertisements to the amount of
forty dollars per year, a deduc
tion will be allowed of 1-4 from
their aecoums, provided the
payments are punctually made
every three or six months;
tut in cases of neglect, no such
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All letters directed to the
Office, must be post-paid, o
therwise they will be charged
or neglected.
Those who send advertise
ments, must mention the num
ber of times they are to be in
serted, or they will be contin
ued until the expiration of
their limits, or until forbid.
Subscription papers are left
with the different Poft-Maftevs ir.
the (late.
-From the Georgia Express.
Jin enquiry into lhe constitutionality,
the necessity , the justice , and pol
icy of the embargo lately laid
upon lav/ in this stare,
NO. 11.
Yellow- Citizens ,
Secondly. Is the act as pafifed
calculated to promote the public
good, or was it not rather pal Ted in
the form and couched in the terms
in which it is for the express benefit
and relief of fome particular indi
viduals ?
The firft fefiion provides “ that
from and after the paffmg of this
aft, no clerk of the superior, inferi
or, or mayors courts within this
ilate (hall iflue any execution against
MONITOR.
Washington, (Georgia) Printed weekly for Saras Hillhouse.
the person or property of any de
fendant, on any judgment that has
heretofore been obtained in any of
the aforefaid courts; provided, the
defendant or defendants (hall give
security for the amount of the judg
ment and colls, to be approved of
by said clerk; and in case the clerk
as aforefaid shall object to such se
curity as offered, then and in that,
case it shall be the duty of such
clerk to receive such security, on
his, her, or their making oath that
they are worth the amount of the
judgment, over and above the pay.
ment of their jull debts.”
firft place, this law wefts
the whole business upon the judg.
ment, the diferetion, and the hon
esty of the clerks. Suppose the
clerk accepts a security that is not
good for the amount of the judg
ment, there is no penalty annexed
by the aft. The aft has not point
ed out where the security (hall live ;
whether he shall be an inhabitant of
the torrid or frigid zone—whether
of Georgia, Louisiana, or New-
Hampshire. Suppose a defendant
offers to the clerk a man as security,
from the state of Kentucky, or O- \
hio, and on being examined by the ‘
clerk, swears that he is worth the
amount of the judgment—the clerk !
has no alternative, but must take j
him; and how much better off, I 1
will ask, is the plaintiff for his (ecu- !
rity ? There is nothing in this aft S
either to prevent a man who is
worth fifty dollars from becoming j
security to an hundred judgments *
to that amount; he is not obliged
bv the aft to swear that he has not
been security for any one or more
judgments before; the man there
fore who is mean enough may make
a business of if; and there is no
doubt but what there are men to be
found in every comity, who would j
for a trifle, become security for ev- j
ery man who would request it of j
them. And no penalty is annex and j
by the ad to be ihfiifted upon the
scoundrel, who will be vile enough j
to forfwear himfelf; and I trust the
majority of ihe legislature, by its ,
next fitting, will find a copious |
crop of perjuries, the offspring of
tbeir n ev/ ad, instead of the abund
ant harvest of popularity which
they have no doubt anticipated..
But two instances have occurred
in the county of fTffftfffT
as yet where security has been offer
ed on judgments, and in both these
cases the fame person was offered
as security ; both the judgments a
mounted to near three hundred doi-
lars—the property and worthless- j
nefs of the security being well known \
to the clerk, he refufed to receive j
him —he then took the oath re
quired. And it is a notorious fad
that this fame fellow, who became j
security in those two instances, is ;
unable to obtain credit in his neigh- .
borhood to the value of a dollar.
He has not fifty dollars worth of
visible property in the world, and
he has not, perhaps, a neighbor but
what would fay, from what they
know of his fifuation, that fix hun
dred dollars, over and above what
SATTOpAY, JULY 9, 1808.
prone rfy_ heA xifiLdp . m c,
would not diicoarge his debts.
Ihe ad has made no provision
in case the security, or principal, or
both, (hould accidentally take it in
their heads to clear out with them
selves and their baggage, and unfefs
they (hould attempt to extend the
new fangled attachment law, in the
fourth fedion of the ad, to cases of
thjs kind, the creditor thus situated
would be without red rtfs. But
that would be a very (trained con
ftrudion, in fad a violation of the
eighth fedion, which limits the du
ration of the ad, for the fecurity
fn p must certainly be intended to
extend to that time ; but the fecu-
JDtv cannot be liable until the. fail
ure of the principal, which can m
no wife take place until the expira
tion or repeal of the ad.
I think the majority, in this po
litical farce aid legislative jargon,
must have taken the flory of the
blind uluier for their guide. A
blind man who was fond of letting
his money at a high interest, one day
got a friend to look over his notes,
among which he found one for a
cortfiderable amount that had no
name to it, which circumstance the
friend (fated to the blind man—
Fie very deliberately asked if it was
mot on iwtereft; & on being ans wer
ed in the affirmative, replied, thru if
it was a good interest, he did not
care ab* ut there being any name
to it. Thus it was, I take it, with
the majority, they were confcicus
that the term security, with many
people, is a very fafeinating term
and no matter where the security
resides, or whether worth a cent,
the name security, was in their o
pinion undoubtedly fufficient to an
swer their views. T his law has
likewise left the poor and hontfl
man, who has a judgment againfl
him entirely without relief, if he
can get no ons who is known. lo he
a man of property to become his
security, and has too much honesty
and goodness to apply to a man who
is not worth the monev, and who
would as willingly swear to a fa lie- ;
hood as the truth; his property \
must inevitably be fold, and no pro- j
vision is made by the aft if it fhoujd ;
l>e (truck off at what the majority
would call one tenth its value, viz :
one tenth what it would have j
brought the debtor last year. Here
then again the extreme goodness of
the majority blazes forth ; little did
they care about the poor honed
man—little did they care about his
property being facrificed, as they
term it, or else why not make fome
proviffe n for the case (fated, which,
if we have any honed men who
have judgments againfl them, will
very probably happen.
The fecund fedion of the ad
applies altogether to justices courts;
it is couched in similar terms to the
firft, and liable to the lame objec
tions.
The third feftion enafts “ That
no Iheriff, deputy (heriff, marshal ,
or deputy marshal , coroner, or con
stable (hall make sale of any prop
erty which has heretofore been or
fN umber 386.
.■ , “” jf- ‘ % • -j ~
I-mvj tICIT4i ‘CT IK itritil —mpvi-nrf
tue of any fie ri facias, i(Tiling out of
any court within this state; provi
ded, that the defendant or defend
ants, his, her, or their attorney,
(hall give security as aforefaid, to
the clerk, juitice, or juftfees as a*
iorefaid.”
Here observe the language of
the aft, “ that no marshal or depu
ty marshal (hall make sale &c.”
It was the intention of the majority,
f.y these unlimited expreflions as to
V marshals ,” to hold out the idea,
that they could by an aft of this
state regulate the federal courts ; I
fay hold out the idea, because there.,
were but two or three who had the
this, (and those, it happened, are *
men whose ignorance is as general*
ly notorious as their want of prin*
ciple) or elle, why did they not
wheu the amendment was proposed
by inserting the word “ city-mar*
(11*1” agree to it, or why did they
not fay the Tales of all “marshals**
except “ federal ” marshals ; the
conclusion as above, is obvious.
Mark again the generic exprtff
ion in the fame feftion, “ that no
sale shall be made by virtqe of any
fieri facias ifilling out of any court *
‘within this state** Here you will
obferva that they have not had the
impudence and barefacednefs to fay
that no execution shall issue out of;,
the federal courts, either againfl.
the person or the property; for in
the Hi ft and second feftions the
federal courts are not mentioned,
or even alluded the only court,
there mentioned are “ the Tuperiors
inferior, mayors and just ices courts
within this state.” Not the mod
tliftant allusion is made to the fede-
.
ral courts, in e tfv-r of these lec
tions ; but in the third feftion,
the broad and unlimited expreflions
“ tnarfhals” and “ any court within
rife* state.” Tb<3t have attempted to
lead the people to believe that the;.
merchants and others, who have
creditors living cut of the state can
not be drawn to tne federal comf ;
and ah ho* they have admitted, by
their expreflions in the firft and se
cond f clions in the aft, that thev
had no right or power to control’
the issuing of executions from the
federal courts, yet they have art
fully endeavoured, by the general
terms made use of in ti e-third fac
tion, to impress the minds of the
people with a belief that they can
and have completely uft rained the
Tales of their marfhais, What base
intrigue, what miserable, pitiful arts
of delusion.
But let us fora moment cofefiffej?-.
the great and comprehensive view
that these compafiionate wife mat
of the majority took of the fubjtft,
when they enafted the three fitffc ‘
leftions of their law “to alleviate
the condition of debtors, and to
afford them temporary relief” I
would now ask the wife majority
what the poor unfortunate debtor
is to do, againfl whose person at*
execution was issued from the clerk's
office or justice's court before tha
passage of this aft? How is hit*
[P ayable half yearly^