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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. The papers will be deliver 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 allowance can be made. 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^