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Richmond Superior Court’. ?
\ovember Term,
WE the Grand Jury have great pleasure *
in noticing the promptitude evinced by the
Civil Authorities, in detecting criminal ot- j
fences, by which the public peace has been (
so happily preserved in tbe cue. : ty and city. I
For the full and able exposition ol «u: j(
duties as Grand Jurprs. conveyed in theex-L
cellent charge, ot his Honor Judge Schley• j )
delivered at the commencement o| the term,i s
we arc much indebted; and while he eiiuine-h
rated the qualities'requisite tor the Judicial (
Bench, among which were talents and in
tegrity, and modestly declined laying claim!,
to the former, we are convinced that confi
dence may be tully reposed in both. While
acknowledging the fair claims which his
Honor Judge Schley, has on this communi
ty, we cannot but pay a parting tribute of
our esteem and respect for his predecessor,
who in the course of his administration, so
highly enjoyed the confidence of his fellow
citizens.
We recommend a revisal ami modifica
tion of the act to suppress Gambling in this
State ; while we fully approve of the lau
dable intention of tbe Legislature, to drive
these pests from society, who follow gam
blin''- for a livelihood, and are ever ready to
prey 1 on the inexperienced and unwary, we
cannot think, that honorable body ever con
templated to invade the domestic circle or
do awav the innocent amusement of its
fireside.
An evil of great and growing magnitude,
the fraudulent packing of Cotton, has too
long existed in this State, to obyiatewhich
we would suggest, the passage ot an Act,
compelling every person owning a Gin, to
record the same in the county court, and to
give security for the faithful packing of all
Cotton, at said Gin ; and that the owner
thereof be further obliged to brand the bales
with his 7iame and that of the county , pie
viously to their being sent to market.
We amiin recommend the estahlishmenl
of a court of Errors and Appeals.—An uni
form system of jurisprudence instead of the
diversity that,now exists in the different cir
cuits of this State “ is a cousumation de
voutly to be wished.”
A committee from this body having visi
ted the County Jail, have pleasure in report
ing the good order and cleanliness in which
they found it.
We request a copy of the Judge’s charge
that it may be published with these Present
iments.
’ JOHN CORMICK, Foreman.
B. M'KLNNE,
W. S. HE ARM ON D,
WM. HENRY EGAN,
JOHN PHINIZV,
RICHARD ALLEN.
JOHN C RES WELL,
P H. CAKNS,
JAMES HARPER,
! JOHN HAYLES,
GILBERT LONGSTREEP,
THOS. I. WRAY,
JNO. BONES,
EI)WD. J. HARDIN,
W. C. DILLON,
COSBY DICKINSON,
r JOSEPH GRAN T,
WALTER HARRIS,
JOHN KERR,
OLIVER REED. ,
We the undersigned Grand Jurors, claim
the right to express our sentiments, in ad
dition to the 2d section, of the 2d article,
in the foregoing presentments, and while we
deplore, the existence of party spirit in the
State, and deprecate the extent to which it
has been carried, by the indiscriminate re
moval from office, of talents, learning, in
dependence and integrity, as particularly
evinced in that of the late Judge of this cir
cuit, we fully coincide in the tribute paid to
his honor Judge Schley, whose adminbtra
tiun on tl - oench fully merits our approba
tion.
JOHN CORMICK, Foreman.
EDWARD J. HARDIN,
THOMAS I. WRAY,
JOSEPH GRAN T,
WALTER HARRIS,
COSBY DICKINSON,
W. C. DILLON. *
JOHN BONES,
Ji true (.dract from the Minutes.
JAMES M'LAWS, Clerk.
My. Foreman, anil
Gentlemen of the Grand Juiy.
THE high and honorable office, which 1
now hold, and to which I have beer, called
by the Representatives of the people of
Georgia, is one of great responsibility; re
ouiring for the correct and faithful discharge
of Its duties, talents, learning and integrity.
To the two first of these I will not pretend
to have any claim ; —the last however, 1 hope
I possess ; for it does not necessarily ac
company the others, butis possessed in com )
mon by the wise, the foolish, the lenraed,
and the unlearned.
Whether I shall have the good fortune to
please my fellow-citizens during my admin-)
istration, is a matter yet to be determined,!
it is my desire to do so ; and I believe that
a correct and faithful declaration of the law,
from the bench is the only means by which
u.»t object can be attained. But it cannot
be expected that I, who now for the first
time ascend the bench, and who heretofore
jUl ve been accustomed to examine the law
with reference inly to one side cf a cause,
stiyuld be altngctli ?r qualified to decide cor
rectly every question which the multiplied
elations of life, and tire various transae- 1
■ of a commercial country must neces- ti
;; tiy produce: and therefore I look with t
coUulence to you gentlemen, to my breth- I
re.ll of the bar, and to my fellow-citizens |
generally for a lenient judgment of my acts.
I cannot hope to be always right, nor do I i
fear that I shall he always wrong. All men '
are liable to error, for it is not in the nature t
of man to be infallible; and when such '
men as Mansfield, Kenyon, Ellenborough, t
Marshall and Kent, some of whom have j
sat on the bench for thirty years, have erred (
in their judgment of the law, and been 1
compelled to reverse their own detisMins, it s
will hot be matter of surprise if 1 pill far <
ishort of that perfection, which we would all 1
be happy to find in him who fills this lieiich. 1
It is my earnest desire jo discharge the du- !
ties of this office with honor to myself, and '
benefit to the country ; and I shall spare 110 -
pains to qualify myself to do so.
In regard gentlemen, to your duty asgrand
Jurors, I presume you are already well in- -
structed, not only by a long course of prac
tice, but also by the many learned charges
which you have heretofore received from
this bench. Under this impression, I shall
not long detain you on thit subju c t. Your
: duties as you well know, are both of a
criminal and civil nature* As Rrand Ju
’ rors you are Sworn “ diligently t, enquire
: and true presentments make ot a l[ suc |,
matters and things as shall he giv en you in
r charge or come to your knowledge touching
3 the present service, &c.” Ihe explanation
of this oath given by my pre'lec 0-1 irs is en
• tirely satisfactory to me, and therefwe in
'* the opinion of the court, you arc not requir
-1 ed to present any matter or thing within
> your knowledge previous to the time when
u you are empanelled and sworn, but only that
which shall come to your knowledge after
* you are sworn.
r The Grand Jury must consist of not less
s than eighteen, nor more than twenty three
" members; but twelve concurring in opin
ion die competent to find a bill true, although
l * the names of eighteen Jurois at least must
l " be inserted in the bill, that it may appear
e there was a complete Jury. The office of a
Grand Juror is one requiring much delibera
tion and investigation. He is caiiad upon
to determine a cause upon exparte evidence,
■ and that, very often delivered under the ex
" citement of feelings not well calculated to
!l produce the frulh. It is your duty then to!
weigh well the evidence, and to be satisfied
e that the individual whose case is under con-i
- sidcration ought to be brought to the bar of
his country, before you return a true bill.
And gentlemen, whilst it is your duty, as I
presume it is your desire to present to this
com ‘ r '■ ‘ ’ ’ ! (!„ 1
• • bull ' ■ '■ , , (1 1■ . J
hi ■ , ■ 1. ■ ,
I
J
I
t
1
I
II
i am required by law to give you special
ly in charge two acts of the General As
sembly : One upon tbe subject of Gambling,
u ami the oilier in regard to trading with
. Slaves. Both these acts were no doubt in
, tended to correct tbe moials of the people,
e and produce beneficial effects upon society,
? but whether the first is so constructed as to
t { effect the objects had in view by its framers,
-l is a question for the public to determine.—
. Gambling is a vice against which every good'
f and virtuous citizen should raise his voice,!
. and its votaries should receive public indig-J
j nation and exemplary punishment. But
whilst we seek to punish these pests of so
. ciety, who disgrace the nature they hear,
let us not disturb the innocent amusements!
id’ the good, the virtuous and the fair. And
yet as the law now stands, there is no dis
tinction made, between the professed gam-j
bier, who seeks to defraud his neighbour,!
and seduce to vice, the youthful and unvvu '
ry ; and the virtuous citizen who plays a,
game of drafts or chess with his wife or
daughter In relieve the tedium of an heavy
hour. The consequence is, that the law
operating thus unequally, is seldom enfor
ced. because many who would willingly step
for ward in the prosecution of real offenders, 1
dare not do so, lest they in turn might lie
obnoxious to the same punishment, although
they had in fact committed no crime.
As special jurors you are ( ailed upon to
1 exercise the civil duties of your ollicc in
determining the rights ol your fellow-citi-i
1 zens. The trial by jury is guaranteed to usi
by the constitution of our country, and is!
emphatically sided the great priviledge of
■ freemen. In criminal cases every opportu
nity is given to the accused to be delivered
if he he innocent; for lie cannot be called
to answer until twelve at least of his most
enlightened fellow-citizens shall be satisfied
that enough appears against him to put him
Imi his trial ; and then, if the crime charged
| be of any magnitude; lie lias the right to se
lect his triers from among forty-eight of his
countrymen. In civil causes our right are
equally protected, so far as they can be pro
tected by jury trial. For if a party bedis-j
satisfied with the verdict of a petit jury,)
he has the right of appeal to the decision oil
a special jury, who, from their superior
knowledge and judgment are piesumedto
be better qualified to do justice between thej
parties. And whilst jurors remember the ,
high h’iitiou in which they arc placed as the •
arbiters of right ami wrong, aml reilect onj
the awful responsibility of their office, the
lives, the liberty and the property of the peo
ple are protected.
Hut I fear the time will come, if indeed
it has not already arrived in ronx-i places,
when religious or political tipi m • will be
the truth and excelletm. In the
M/dence of feeling too often enj't-mleretl in
these contests, we at'e apt (o nnhiukc pre
judice for principle, and wedded to our own
opinions to view' those who differ from us as
hereticks lit only for the stake. If this
state of things should ever arrive, (which
God forbid) yet I hope and trust it will ne
ver be permitted to enter within the portals
of this temple. Here the scales of justice
should be alway s balanced, until the law and
the testimony shall turn the beam. What
ever may be our dissentions without these
walls, it is your duty and mine, the moment
we enter within them, to divest ourselves of
all other feelings than those produced by
the law and the facts. We should view all
men alike, for all are entitled to justice,
and we should tjecide every cause as be
tween A. and H. whom we never saw.
Hut Gentlemen, even with all these
guards thrown around us, yet we are not se
cure. We want a head to O'reel and give
energy and certainty to the whole. Our
Judicial system “ if indeed” as Mr. Prince
remarks “ that can be called a system whirh
has no head,” is extremely defective, there
being no court for the correction of errors,
in law committed by the several district
Judges. Now each Judge is supreme dic
tator of (he law in his own circuit, from
whose decision (here is no appeal ; and il
he determine a cause contrary to the pijnci
, pies of law anil common sense, no matter
■ whether it proceed from ignorance, preju
dice uv favour ileism, the elfect is the same
i to the person injured, and he must sutler
i the consequence without the possibility of
redress. It is true that the Judge has (he!
i power to correct his own errors and grant
, new trials, but so strong is the pride of o
■ pinion that he would seldom be disposed to
, believe himself wrong; and more particu
larly so if the error had proceeded from ci
liter the one, or the other of the causes be
fore mentioned.
There are seven judicial districts in Geor
gia, and each has its own peculiar laws, lia
j hie to be changed every three years. The
'materials'out of which these various laws are
[made are furnished by the General Assent
jbly -itid may be found in the statute book of
.j the state, and in the books of reports of
I other countries which have been adopted as
Ithe law. But when these undergo judicial
■ : '■ -• .y -- r • • I- 0.;..,,
in fihis circu ' . It .in t in< tl
ive < t . .1
A , « .• t. o) ■ l
"1 !u 1 is - ,V1!;V »,, vr 1
/: n JV(;
j / til*' - ' ;
n<: fill
ft-iuic a remedy. J deem it unnecessary
gentlemen to enter into detail upon this
subject because your own good sense will
at once discover the necessity of prov ding
some corrective power, and of abridging in
some degree the present almost omnipotent
power of the judges ; a power in my opin
ion dangerous to the liberty and happiness
of the people should it ever be improperly
exercised. “
The great objection which seems to exist
| against a court for the correction of errors,
jis the delay and expense. Hut this objec
tion will equally hold, and indeed with more
force against the bringing up of a cause
from an Inferior or Justices court by certio
rare in order to have errors in law corrected
by the Superior court; and I presume the
people would consider it a great abridgment
of their rights, if this privilege were taken
(from them. Hut really the delay and ex-
I pense would not in the end he as great as
j they now are, because when once princi
ple was decided in the Supreme court.it
would govern all other cases of the like
! kind, and the Judge below could at once de
termine the law, without taking six months
to consider of the matter, as he must now
often do. Admitting however that the de
jlay and expense are greater than at present,
is this any reason why you shall not be per
' milled to seek justice if you choose to pay j
for it r Certainly not. As well might wej
I say that there should he no courts of justice,
because they are attended with expense.—
I Many persons are under a misapprehension
iin regard to the nature and construction of
j this Court; believing that the facts of the
| cause are tD be again ti led there by a Jury &
Ithat the parties and their witnesses will be
'compelled to attend. Hut this is not so
for there, there will be no Jury nor no wit
| nesses. The facts will be determined a&j
'now in the county where the defendant re-j
sides, or where the land lies ; and the only!
tiling to be enquired of by that court will
jhe the law; and hence none need attend
|there hut tlie Judges, and the counsellors
'engaged in the causes.
L have made these few remarks Gentle
linen in order to call your attention to the
I-object, and it you should believe as I do,
that such a court is necessary for the wel
fare and happiness of the people, you will
give such instructions to your Representa
tives now in General Assembly, as your own
judgment may suggest.
,j m©u , a©a.
iin a. nuuu.
Milß DAY, 20(h instant, at 11 o’
1 clock,
! In front of hh Auction Store, .Vo. 325,
, Broad Sired.
i ID'lfl I’ICCKS sodn<;d Ihgg up,
3 Pipes Holland (do,
A 1.30
1 SUNDRY AUHOLES HE
' d'DtDIDSa
I OUOCEIUBS, 4c.
Terms Cush.
' December 20 It 51
B ATT AIJ l) N 0UI) 1C 148.“”
.ftUeuUon WuciWus \ \
1 \ P| ' KA,{ (,n y I l, trade ground, in (r* nt o'
fi /Tk. the Cnylli.U, on SA .fORDAY the 31sl ol
December, at 10 ~*e.nek; ! A, M: arm ‘ I andetpiip-
OCd according to the b.y laws of the coriw, will.
1-1 rounds of blank Om-tr-riges.
, Jiu order of Cupl S reimss,
W. JJ. Maliany, Act. o. s.
D-cember 20 5t 51
iNHUIiANCIC
, Tbo Subscriber
' HAS lit UN APPOINTJII AOtNT Os TUK
. PROTECTION
| OF HARTFOItII, COXSKCTICDT, '
And will take Risks at the lowed rates ofpre
"hum. on BUILDINGS and GOODS, of every
lescription usually Insured. ;t i.e
I ersoiiF at aalislance.-catt tie Insured, on fnr
- fishing Statements) of the iisfes offered, by mad
. n- otherwise. • <
F Ww. T. Gould,
;) 286 Uroad Street.
t December 20 3nt 51
, On Consignment.
■
KEGS Virginia Tobacco, weight 102 lh
100 Pieces Cotton Bagging, 42 inch,
And a general msortthent of'
MEDICINE,
. Paints, Oil , Window Glass, Putin.
tfc. tfc.
Alio -Indian Spec-fto, fur Golds, Coughs. Con
■ sumptions, Kcc.—And Swains Celebrated Panacea.
FOH sai.e n?
Will. il. Turpin
December 20 3t T 5i
1 k «i, i.»iC ,» tV*» (i, li'o : ' oi sfi! nt-, i•»
J, • u.t: ; \ ■ t
t . pr-p; i,->- . ,-.f * - ,i ' f;or,'i ./i }.,
j NOTICK.
LOSI' on the S'h dav of October 1825, a red
MOROCCO POCKET UOtlli, on the Ilia-
I between Burke County and Columbia County,
i containing 4 Notes on Mark Tarver, for 25 Dollars
each, and also, one 23 Dollar >ole, on demand the
, first day of January, 1824.
11. Groenway.
tturke Countfi, December 20 51
THE HOWARD
IJySVmWCE COMPAXY,
DetoUqrlt
> Tnco<poontr/d by the J.ejfiaUitwe of the Slate c/
J\Trv) York, far the t.urjme us Insuring
i Uouses iuuY oUivt VWWAings,
MERCHANDISE
And other personal Property
t 101 INST
! LOSS OR DAMAGE BY
;
AND ALSO,
, 'Vo Insure against the Hnzardt of Inlanff Nnhigu
nun uv Transportation
Capital £>todt,
S 300,000,
! Which has all ! een in C ASH, and the p-il
1 lie may rclv with confidence upon the whole sun.
i being always available to meet its engagements,
t The subscriber having been appointed Agetr
. for the above Company will; in its name, Insttr
i against Loss by Fire acd Mi/.ird of Inland Navi
'I gallon, on as favourable terms as can be done ii
this ci y-
A. (’amlield,
Agent for Jfomtrd Jiumrunce Company.
'I N. I!. Persons livi- gin the country can have
1 lm uravee effected by addressing the Agent, giv
j ing a description of tbeprenii-.es to bn insured,
Cost paid.
Jluguata , Oct. 25, 1825 35 is
N otice.
V’tStNE months after date, application will bt
■ tl-S made to the Justices of the Inferior C.mr
•j >f Era.tkim County, when sitting for Ordi.yar;
11 i'-Urp-isi tor ’"are * f i itMyja ai estate of .nr |
.'ling Procter, a Minor.
1, James U. Haley, Guardian,
i April 12, 1825 J ni c hn
VENDUE.
TU\a «>\A»i*nlug, at 11 o'clock,
WITHOUT RESERVE,
a* iy vieau^T,
PiLUF.S Colton 1> i Pfgxg,
4 Huci els OambeXxUs,
5 Bags Coffee,
15 Boxes Prims Soap,
2 Du*. Chairs,
6 Bales «bite Shirting,
l~ l'ie> ( s <>f Cloth* and Casimeres,
6 Piece- d 1 2 yads Blankci?,
With a variety of arde'es 100 tedious to enumerate
A I.SO
An ek '•ant Saddle-IL iw, Saddle and Bridle,
. all of iln Aril rate, with a fine Bed anti Bedding’.
also—
A fine and elegant Dig a,.d Saddle Hot:e of a
arg • si/?. V
Term* a 1 .S'mv’.
Dee-miber ‘>o It 51
THE FOURTH DRAWING,
OF THE *
AUfiI’STA
JMasoiiir fitall
LOTTERY
IS WVEU,
And has resulted in leaving the Wheel
' Rich in
HvaiuV Capital Trues,
IN A MOSTp UNPARALLELED DEGREE.
The highest prize drawn at the 4th Draw
ing is ft 100.
THE FOLLOWING
Splendid
/ REMAIN UNDRAWN,
1 Prize ol g30,()00 4 Prizes of gSOOO
! Prize of 20,000 4 Prizes of 1000
3 Prizes of 10,000 10 Prizes of 500
Upsides a great number oj S 100’s, gso’s,
and 10 Dollar I'rizcs.
Many very Lucky numbers remain un
sold, and may be had until further notice,
at the following prices :
W hole Tickets, 811 00
Halves, if 50
Quarters, S 75
APPLY AT -
BEERS’
No, 241, Broad-Street.
J. S. Beers,
Vc< etavy tv the Conwtibnioners,
December 16 50
iso rui*.
Jlf.L he offered tor sale <f 'he first Tuesday
» in January, 1h26, in the Ms.ket House in
;nsta ;
One hundred and ninety-seven
s of Land, bounded hy lands of Doctor A.
'.lrins, and Mr. K. Bngg, 8t the new Millt’dge
e Hoad, which will he laid off in four Lula, as
.r equal as practicable. •
—A LSO—■
Twenty acres well improved, with
a good Peach and Apple Orchard, and a well of
excellent water, ahiml three miles from the mar.
ket house—the Savannah 'load, running thro’
the same, an excellent aland lor a public House.
ALSU
Three hundred and fifty Acres of
Land well improved, whereon the subscriber
now resides, from 80 to 100 Acres of prime Dice
Lund, which can be overflowed with little labour
with the water aiier being ground at the Mill.
Che filial Mill with a sixty t, ,w Gm in good or
der. The mill la good for fitly bushels of toal
corn per month. The conditions of sale one
half cash, and the balance on a credit of twelve
months. Satisfactory titles will ho made on the
first payment and a note with approved endor
ser will be‘required forth? balance.
Holland M‘Tyre.
December 20 id 51
Executor’s Sale.
Will be sold at the late residence of Tarby A
dams. deceased, on the 24’h dny of January
next ■
The crop of Cotton, an excellent
riding Horse, and sundry articles too tedious to
mention. T erms made known on day of sale.
William Adams, Ex'r.
Sarah L. A tlams, Extr’x.
December 14, 1825 4'. t 51
Executor’s Sale.
ON THURSDAY the 22d December, there
will be sold ai (be Plantation ol the lute
(Job Nicholas Wauk, on Savannah River, io Go
lumHia county, at the mouth of the Kiokee
Creek, the whole of Hie Coin and Fodder,
Farming mensilr, stock, fkc. belonging’ to that
place, and al o the Plantation itself, including
about six hundred seres of land of very excel
lent quality.
And on THURSDAY the 29th
December, will be sold al the market-house, in
•he City of Augusta, about f orty very likely
jVe gooes, including mechanics, house servants,
and field hands. Ihe sales at each place will
commence at ten o’clock, A, M and close at 4
o’clock, P, M. and be continued from day to day,
until (he property is all sold
I wclve months credit will be given for all
sums over Pen Dollars, and notes with good se
curity required, before the property will be de
livered. "
Susan B. Ware, Ex'trx.
Wm. W. Holl, Ex'r.
Os the Will of JV. Ware.
qjb Editors of Newspapers in Georgia, and the
F, limits in the Cohm.'.ia Telescope, in South-Caru
-1 U re r <ju sed r give tan three weekly in
sei’i ion-i, H i.; do i, <e J i deir accuunts to tins c
)lor paymen'
Octohe: 2) "4