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ATHENS, GEORGIA: PRINTED BY ALEXANDER M'DONNELL, SATURDAY, SEPTEMBER $, 1305.
. ELECTION.,
NO. 11.
THE power to grant pardons,
to remit the whole or any part of a
fentence after convidion in all caf
es, except treafon or murder and
cafes of impeachment, is veiled by
He conftltution in the governor of
ffi Kate. Yms grant c; pev/er
does not extend to the colonel’s
cafe, nor to that of the com mi hi -
oners. If it did his excellency’s
**’ friend Ohad ih” would not have
1 :-(Ti long fuhjcded to any other
cfifhuiTfication than that impofei)
upon, hi nr 3 by a total want of ccn.
fiderice, flowing from his notorious
ft (ronefly : nor wouid the colonel
now be fu bjWed to the difgrace of
/‘openly folic icing the A iff rage ot his
fellow citizens for the foie purpofe
of procuring a releafe from the
deb: which he owes the Late. No,
his excellency in the unbounded
good of ft o( his heart $ moved by the
tender chords of fympathy by which
he apy-ifcutdy h'omd to':ev<ry
tranfgrdlhr of the law, every viola-’
ter of the rights ar>H peace of fbcie
ty, would long fince have gmci
cufly pardoned the one and t draft
ed the other.
The power of releafing perfens
from their bonds or recognizances
has not been gr. ,nted to the execu
tive by the conftltution, nor to any
other department of the govern
ment. How then it may be en
quired has the legiffeture exercifed
this power ? The anfwer is a plain
I one jby tifurpation. The confii
ftr.ion fays <c The General A fie ru
by fiiali have power to make all
laws and ordinances which they
fhall de :n neccfiar y ar:l proper for
she good of the ftate which (ball not
be repugnant to this conftltution.”
Again. ft The leglfiative, execu
tive and judiciary departments of
government (hail be diftin£t, and
each department (hall be confided
to a feparate body of magi ft racy $
s-.d no perfon, or collection of per
fibns, being of one of th )fe depart
ments, fhall exercife any power,
properly attached to either of the
others, r xcept in the inftar-cea here
in exprefsly permitted.” The ex
ceptions permitted, are that juftices
of the inferior court and of the
peace who fub ft an daily belong to
the judiciary department, may be
members of the legiftature, and the
governor under certain mu&illati
ons is a 1 gift mar. The legiflatufe
nlfo clefts the principal edicers of
ftate. From the conftituticn itap-.
pears that the leg! ft a cure are co pafs
laws, but not execute them. But
the legifiature by fome fatality—by
Jo me perverfe and perverted rea
soning have attempted to draw a
diftin<shon between interfering ro
execute a law, and interfering to
prevent the execution of a kw—
r
Foreign Correspondent
Cd
GEORGIA EXPRESS.
MANX SHALL RUK T© AND FRO, AND KNOWLEDGE SHALL EE INCREASED*
Upon this febfurb diftindtion alone
edos this ufurped authority reft.-
That the framers of our different
conftitutjsns never intended that thin
power fhould be veiled in the le
gifia:ure or any other department of
government is apparent, from their
never having granted this power in
any one of the conftitutiqns which
have been adopted. That the le
gifi-.ittire !*::■* within the hft feven
years never thought it had a right
to exercife that power is fairly in
ferable from their never having ex
t idled it before that time. The
fiamers of our conftituciou in de
nying this power were influenced
by the moft found and irrefragable
Feafons. They fuppofed it pnffible,
that ©ffences again ft the ftate might
be committed under circ.utnftan.ces
which would juftify the exercife of
the pardoning power without injury
to the ftate. They fuppofed that
offences committed under the influ
ence of feme bidden, ftrong and vi
olent iropnlfe, which was not the
refuli of an abandoned and deprav
ed heart, and which ftibicdted the
offender to fome.enormous punifh
ruenr, might under very peculiar
circum fiances be pardoned without
endangering the peace of fociety.—
I fay the framers, of our conftku
oo.o thought, that this mightpofiibly
happen, bu: if v/e ere to judge of the
thoughts of our worthy and merci
f i chief magi ft rate, from his ali
ens, v/hat they thought barely pojji
ble, he thinks, happens in almc.fi every
cafe, even in cafes of contempts com
mined in the face of the court. But
when, men bind them (elves for the
performance of others, whether it
be that they Ihall fell fractions, or
appear and Hand their trials for
horfe Healing or murder, they do
not aift in a paflion or under the in
fluence of any fudden, ftrong or vi
olent impulfe ; and the forfeiture
of their bonds does not fubject
them to the lofs of life, limb, cor
poral puflilhmentj or lofs of liberty.
Nothing is buffered, but what they
cooly, deliberately, and volunta
rily undertake to fuffer, if the per
fon for whom they undertake,
fhould fail to do what they have
undertaken that he (hall perform.
la ail cafes of this nature there can
be no iujuftice, no hardfhip, no op
preftion.
It was therefore highly improper to
veft any department with an autho
rity which was totally unneceflarv,
and always liable to abufe. The
exercife or this ufurped authority
by the legfiature is gradually flap
ping the ad minift ration of criminal
Jaw, and when aided by the igno
rance or wickednefls br our inferior
courts, in bailing criminals clearly
not bailable, mu ft eventually anni
himte it. The mod abandoned
tranfgrcffors will always obtain bail
when they are admitted to that pri
vilege, becaufe they will calculate
upon being relcafed from their re
cognizances by the legifiature.—
When the ftate wants an agent
(incie fla&ion- fellers for inftance)
any man will be able to obtain fe
curity becaufe the fecurity will ex
pikfl to he relieved from their fecu
rityihip. Thus will the bands by
which the fociety is bound and knit
together, be gradually deftroyed,
myd rhe corn enmity be thrown into
a ftate of anarchy and confufton. —-
Thus while the legifkture ought to
be employed in deviling and puffing
whole fome laws, they are engaged
in undei mining the authority of
chofe already in exiftence, by facili
tating the ef’eape of criminals; and
while the governor ought to be
round executing the laws e'e firength
cning the hands of the judges to ena
ble the. a to be a ter ror to evil doers
and a prnife to them ‘that do well , he
is engaged in attempting to bring
them into djrepute by remitting ai
med all the Jentences which they im
pofs, even in cafes which a fie lJ the ve
ry extfience of the courts , even ih
cafs of contempts committed m the
face of the court. 1 ins ftate of
things cannot, will not continue long.
FRANKLIN.
NEW* YORK, August iS.
It will be feen by our extra cl 5
from Lloyd’s lift, that American
veffels continued to pour into the
different ports of England, where
the markets foi their cargoes were
bad indeed, hardly any thing bring
ing more than firft ccft. Captain
Clark, however, informs, that about
the time of his failings the markers
were getting better, and fornc arti
cles had fold r.t advanced prices,
owing to an apprehenfion that our
government would renew the nen
intercourfe in conftqumce of the
objection to Mr. EtfkineT arrange
ment. There was a*fo a great de
mand for American veflels, to con
vey troops, &c. to accompany the
new expedition which was on the
eve of departure from England.—
A temporary embargo was expedit
ed, to continue till after the failing
of the expedition, in which cafe,
American vefiTs nearly ready fur
fea will meet with detention.
London, June iS.
It is confidently reported, that
the earl of Chatham is to be the
commander in chief of the expedi
tion now pieparing to fail.
Rupert ftates, that an infurreftion
has broken out at St. Peterfburg.
A number of the nobility and men
cf influence, it is faid, have men
aced the emperor with depofidon,
urdefs he cemented to order the re~
aim of die troops which were
marching againft Auftria; and a! Cos
immediately negociate a peace with
Great Britain.
That there is no intention on the
part of the French and Ducclj go
vernments to relax in the execution
of their fevers commercial decrees,
even at the prefent critical moment,
which might fuggeft moderation
and forbearance, is fti vvn by the
following anfwer, \vh> h was recent
ly given in Holland, to a petition
for leave ro difeharge ( me Ameri
can fhips :
The Dlre&or PubH:| Con
cerns on the River informs
that, in conformity with Ms lVfaie/L„.
ty’s orders, his petition uHching
the American fliips, cannot be com
plied with. That although it ar
fi dts his majefty to be under the
needfity of obftrudling commerce,
in order to avoid greater inconve
niencts, he cannot revoke the ex
ifting orders. All American iTips,
laden with goods, which are allow
ed to be imported, will be admit
ted •, but fhould their cargoes con
fift of colonial produce, though thev
Ihould even come from Dutch co
lonies, they muft be depofited in
the king’s v/are houfes until pr-a:e
takes place, or wait the event of
more favorable circurnftanees oc
times,—June 20.”
July 2. —Portuguefe papers to
the 7ch ultimo are received. The
Intelligence the bring ; s in general
not very important. They ftate,
however, that a vefiel had arrived
at IJfbon, the captain of which re
ported that an ijifurregion had ta
ken place at Genoa, and chat the
Grnoefe had put ali the French to
death.
A gentleman who left Holland cq
Tuefday Lft, arrived in town yef
terday. He dates, that before ho
left Amftcrdam a great ferment
prevailed in the public mir.d, that
tLe people feerfied inclined to op
pofe the rncaiures of their govern
ment, and an account, faid to have
been received that r.n infurreblic n
having broke out in Fiandev;,
greatly tend'd coaug near and keep
alive that Ufa it of dlfobedience
wWich was liule fiiort cf open re
volt.
This morning the government
received, by one of our croTe ,
arrived at Harwich from the D::rc;i
coaft, inidligeace of (xtraor .i nary
exertions rriakirg by k’ng Louis
to raife and embody ail perform ca
pable of military fervice. This
force, when celTcled, was 10 be
marched to the frontiers of Weft
phaiia, where, it war. not concealed,
the firuation ot his brother Jerome
had become very perilou:. A fet
ter from Rotterdam dated or* the c
vening or the °,6:h ultimo,Ta;s- —•
cf i-. ih exp.-6 <-d :(;;*• the kHg o?
Weflpha’ia has, in ccnfequence cl 2
genera? cbm motion among his mb
j'-dis, by this time raken re.’ in
Frankfo c, the inhaLl'ans c; v/hfeh
city, arc evm apefive f f m
hqftile vlft: from ’ ’ p f rs ”
L/ettcrs we: - mce./.mimm Am-
(No. 68.
