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Three Dolls, per ann.~\
Volume VIII.]
NOTIFICATION
To TAX-COLLECTORS
and SHERIFFS.
ITHE Collectors for the year
1 #O7, and those for the year 1 806,
v. ho are ftili in arrears, are NO
rl IFIED, that until the 10th day
of November next, will be allowed
them to make final fetilements of
their accounts. Such Colle&ors
as had it not in their power to get
their Insolvent lifts certified by the
Grand Juries at the Spring circuit
of the Superior courts, will do well
to avail themselves of the opportu
nity which will be afforded for do
ing so at the ensuing Fall circuit;
for executions will allured issue im
mediately after the day above men
tioned, against those whose ac
counts are not then closed.
The Sheriffs, to whom execu
tions against Colle&ors have been
aheady forwarded are required to
report to me, without, delay, the
proceedings which have been had
thereon.
Geo: R. Clayton,
Treasurer,
Treafury-Office, Georgia , 7
Milledgeville , 1 Ith July 1808.3
COLT’S FURSE. .
SUBSCRIPTION is now
taking up for a COLT’S PURSE,
to be run for in the year eighteen
hundred and eleven, near Wash
ington, by colts dropped in the
spring of this year —fifty dollars
entrance, and half forfeit in the
event of not starting.
Also, a subscription for a colt’s
purse to be run for the ensuing
fall by any colt not exceeding three
years old, foaled in Georgia—con
dition of entrance the fame as a
bove—both subscriptions will ciofe
on the firft of October next.
July 23, ] 808. ts.
...... ■ 11
Administrator’s sale.
to an order of the
honorable Inferior court of the county
of Wilkes , granted the first day of
August 1808,
WILL BE SOLD,
To the highest bidder,
At the court house in Wilkes county,
on the first Tuesday in October
next ,
THE real estate of George Stew
art dec. consisting of one hundred
and fixty-five acres of land, in the
county of Wilkes on the waters of
Harden’s creek, adjoining Stone,
Lewis & Thompson. Terms will
be made known on the day of sale.
John Stewart, adm’r.
Mary Stewart, adm’x.
August 6, 1808. 2w.
AT THIS OFFICE
Justice’s warrants and execu
tions}’ Constable’s bail bonds
—together with all kinds of blanks
used in Courts of Ordinary,
MONITOR.
Washington, ( Georgia) Printed weekly for Sjfiuß Hlelhouss,
• SHERIFF’S SALE. .
Will be sold ,
At the court house in Clark county,
on the first Tuesday in September
next , between the hours of ten and
three o'clock, the following proper
ty, viz:
SIXTY-EIGHT acre, of land,
be the fame more or less, situate
lying and being in the county of
Clark on Barber’s creek, originally
granted to Marbury, adjoining the
lands of Kelley and others, it being
the plantation whereon Peter Con
ner now* lives; executed as the prop
erty of Lane Reedy, to fatisfy an
execution in favor of James Stroth
er, —property pointed out by the
plaintiff.
Also
Two hundred two and an half
acres of land, situate lying and be
ing in the county of Morgan, lot
No. 227 and sth diftrift, on the
waters of the Appalatchia, granted
j to William Battles—also, two hun
dred and four acres of land, in the
county of Clark, on Wolf creek,
I originally granted to Williamson,
adjoining M‘Alpin.-—All executed
as the property of William Battles
to fatisfy an execution in favor of
Matthew Jones, and pointed out bv
the defendant.
Conditions cash.
John Silman, fliff.
August 4, 18C8.
To the Editor of the Monitor,
AT a time when it has become
so great a quetfion with a portion
of the community whether the
judges of our courts have the right
of declaring a legislative :\d to be
unconstitutional, any thing which
can assist in correftly informing
the public mind upon the fubjed,
cannot but be acceptable. The
following extract, from the essays
of the moft profound and elegant
writer, who ever attempted to dis
cuss the fundamental principles of
our confutation and government,
I offer to the confederation of those
who may entertain any doubts on
this important fubjed.
F.
“ SOME perplexity, respecting
the right of courts to pronounce
legislative ads void, because con
trary to the ccnftitution, has arisen
from an imagination that the doc
trine would imply a superiority of
judiciary to the legislative power.
It is urged that the authority that
can declare the ads of another void,
must necessarily be superior to the
one, whose ads may be declared
void. As this dodrine is of great
importance in all the American
conftitution*, a brief difeuflion of
the ground on which it rests cannot
be unacceptable.
“ There is no position which de
pends on clearer principles, than
that every ad of a delegated author
ity, contrary to the tenor of the
commission under which it is cxer*
eifed, is void. No legislative ad,
therefore, contrary to the conftitiK
SATURDAY, AUGUST IS, ISOS.
tion can be valid. To deny this,
r would be to affirm, that the deputy
is greater than his principle ; that
the servant is above his master; that
the representatives of the people are
superior to the people themselves;
that men, ading by virtue of pow
ers, may do not only what their
powers do not authorife, but what
they forbid.
w lf it be said that the legislative
body are themselves the Constituti
onal judges of their own powers,
and that the conftrudion they put
Upon them is conclusive upon the
other departments, it may be an—
swered, that this cannot be the nat
ural preemption, where it i$ not to
j be coileded from any particular
provision in the constitution. It is
not otherwise to be supposed, that
the constitution could intend to en
able the representatives of the peo
ple to substitute their will to that
of their constituents. It is far more
rational to suppose, that the courts
j were designed to be an intermediate
I body between the people and the
; legislature, in other
I things, to keep the latter within the
| limits assigned to their authority.
! 1 he interpretation of the laws is the
j proper and peculiar province of the
; courts. A constitution is, in fad,
j and must be, regarded by the judg
) u asa fundamental law. It must,
therefore, belong to them to afeer
tnin its meaning, as well as the
meaning of any particular ad pro
ceeding from the legislative body.
If there should happen to be an ir
reconcilable variance between the
two, that which has the superior ob
ligation and validity ought, of
course, to be preferred to the ftat
ute —the intention people, to
the intention of their agents.
“Nor cloes the conclusion by a
ry means suppose a superiority of
the judicial to the legislative power.
It only supposes that the power of
1 the people is superior to both ; and
■ that where the will of the legislature
declared in the statutes, hands in
opposition to that of the people de
clared in the constitution, the judg
es ought to be governed by the lat
ter, rather than the former. They
ought to regulate their decisions by
fundamental laws, rather than by
those which are not fundamental.
te This exercise of judicial discre
tion, in determining between two
contradidory laws, is exemplified
in a familiar instance. It not un- ]
commonly happens, that there are |
two statutes existing at one time,
clashing in whole or in part with
each other, and neither of them
containing any repealing chufe or
expreflion.. In such a case, it is the
province of the courts to liquidate
and fix their meaning and opera
tion. So far as they can by any
fair conftrudion, be reconciled to
each other, reason and law conspire
to didate that this should be done..
Where this is impracticable, it be
comes a matter of necessity to give
effed-to one in exclusion of the o
ther. The rule that has obtained
in the courts for determining their
relative validity is, that the last in
[Payable half yearly .
f order of time shall be preferred to
; the firfK But this is a mere rule
] of conftrudion, not derived from
any pofmve law, but from the na.
j ture and reason of the thing. It is
a rule not injoined upon the courts
by legislative provision, but adopted
by themselves, as consonant to truth
and propriety, for the dire&ion of
their conduct as interpreters of the
law. They thought it reasonable
that bejtwya, tfce interfering ads of
an that which was
th&pftWcjicatioii of its will should
have the preference.
gmto regard to the interfering.*
ads Gf-ifafeperior and fubordinare
authority, of in original and deriv
ative power, the nature and reatyn
of the thing indicate the converter
of that rule as proper to be follow
ed. They that tht? prior
ad of a > be pre
ferred to thefdPSprrnt td of ah in r
ferior and iu&tfdinate authority j,
and that, accordingly, whenever a.
particular stature contravenes the’
constitution, it will be the duty of:
the judicial tribunals to adhere to*
the latter, and disregard the former,.
“ It can be of no weight to fay,,
that the courts, on the pretence of a.
repugnancy, may substitute their*
own pleafufe to the conftitiitional;
intentions of the legiflatute, This*
might as well happen in the case of
two contradidory statutes ; or ifc
might as well happen in every adju
dication upon any fwgle statute,.
The courts must declare the fenfe
of the law; and if they should be
difpofed to exercise will instead of:’
judgment , the consequence would*
equally be the fubftirution of their*
pkafure to that of the legislative bo
dy. The obfervati.>n, if ir proved*’
anything, would prove that there
ought to be no judges diftind fromi
that body.
“If then, the courts of justice
are to be considered as the bulwarks:
of a. limited constitution, against fe~
giflativ? encroachments, this consid
eration will afford a strong argu
ment for the permanent tenure of
judicial offices, since nothing will
contribute so much as this to that,
independent spirit in the judges,,
which must be essential to the faith--
ful performance of so arduous a
duty.”
. •-*—*< H*
- *^—*^
NOTICE.
persons.indebted for*
the Monitor, or advertising
in the same, are requested to
liquidate their accpunts as soon,
as possible, if payment is in
convenient — otherwise inter
est will be agreeable
to the late act of Assembly.
In any future or past trans
action of business in this Of-,
fice, the receipts of Dlavii} P..
Hillhouse, will be good.
Sarah Hillhousk.
June 25th, 1808.
“COIIN-MLAL WANli^
39T.