Newspaper Page Text
Seel. t. And be it further enatf
id, Thai »hi* atf (ball continue
and be in force until fifteen day*
after the commencement ol the
next session of congress, and
no longer.
Frederick augustu* Muhlen.
burg, Speaker ojthe Wouje oj
Peprefentatives.
Kalph Jzahd, Prejdeni oj the
Senate, pro tempory.
Approved— | line fourth, 1794.
geo. Washington,
Prejident oj the U. Stales."
This aft giving the ptefident
the mod unqualified powers
to lay, regulate and revoke em
bargoes, was, I believe, patted
unammoiifiv by both hou(es
of congress; hut as I was un
willing to trust to my recollec
tion upon this point, I have
bad reference to the journals of
the houfc of rrprefentatlvcs of
• that day for more precise in
formation, and 1 find the yeas
and nay' wete not called for up
on the pattage of the bill ; the
strong preemption therefou
is, t at thnre was no opposition
to its passage. The following
is ther xtrad fre m tfic journals.
Jornals of the Vouje of V epre.
jentalivcs of the l ruled States ,
3 C on. i ft Set jnge 376.
“ An engrolftrd Lml ..u ho„
fifing ihe pul,dent of rhe IJ.
States to lav, regulate and re_
voke emt'a rgc es was lead the
third time.
Resolved , That the said bill
do pass, aid that the tide he
an aft to authonle theprefideni
of the U. States to lay, ttguiaie
and levoke embargoes.
Ordertd , That the clerk o!
this houlc do carry the laid bill
to the senate and defiic then
concurrence.”
I also find from the further
infpc&ion ol the journals o
tha. day, that very little cerc_
Hinny was used in laying embar.
gm*' ; it was then done by relolu.
lions, wnl out even ihe foimal.
i>y of a btli, ai d the president
an honied .o give all the ncccf.
fat v inttrufctions for cairying it
into cHo i, even tiui ing the Icf
fion of congress. The follow,
ii g is tire original rcfolution feu
laying an embargo :
| oumal 3 Cong. 1 f S es. page
*ls.
“ Revolved, by the
aril h< use ol representatives, Uc. J
that an 1 nr.ba go lie laid on nil si ips
r r cl vesuls in the pons ol the L •
S .lies bound to any ton igu port
or place, lor the term ol thirty
ch;vs, anil tha’ no clearances be
furnished during that time to any
ship or vtS'd bound to such lo
feign port or place, except ships
or vtjtuU under the immediate
tU tctions ol the president of the
I lijtrd S . vs, and Ural the prc»r
cb iu ol the Untied States be au
thorised 10 give Mich instructions
to the revenue officers o! the U.
Stairs as shad appear best adapted
lor cariying the said resolution
into lull effect.”
Approved, 26, h March, 1794.
1 ai d also, upon a tuiihcr ex
amination ol u>e journals, that
II Hinti v memorials li w in the mo
ch*..t* were tic*, n-td for the
continuation 01 tin* embargo, and
amongst outers, one tiom the in
habitant* ot the town ol Salem,
appeal* bom the following cx
tlacl :
Journal :i d Con Ist Ses page 33$
** A memorial ot the inhabitants
of the town of Salem in the state
of Massachusetts, was pies voted
to the house and read, praying a
further continuation ot the em
bargo laid 00 ship* or vessels in
the ports of the U. States, bound
to any forrgn port or plate.”
I have Ttad these proceedings
to shew that the same leirihc at
at in* respecting cmb.rgoes, wer«.
not ciictnuicd through the coun
tiy in the year |7y4, which now
are, because theic were then no
cljvtts lor such an excitement.—
1 tu- niaiory ol tiiosc tine# wdi
*iso 't.cw im principle upot. *mcb
c ngicgave to iht pics.Ucnt un
itiUiu.u pu„c,a .0 Uy embaigocs,
at hi* di«ereilc*n during their rt
cess. It is known that in con.e
quence of the British hostile or
der# against our commerce in
179*, dut ing the ses*ion of i7s4,
Mr. jav wvi sent to London to
demand redress from the British
government for the injuries done
to our commerce under these or
ders, and to make an amicable
adjustment of all diff rence# be
tween the two countries. It was
believed by congress that if the
mirsion did not succeed, war
might probably be the consequence
ol it* failure, and as the remit
would probably be known during
the recess, congress did not he
sitate to give to the president full
power to protect our commerce
and seamen by an embargo, from
the dangers to which both would
have been exposed in the event
of a war with Great Britain. Up
on what principle was this unli
mited power given ? Why simply
upon lhi», that the event, upon
which its exercise was to depend,
was not in existence, but might
possibly exist, and therefore was
incapable ol definition, or in pther
words ot legislation ; and yet the
exercise of the power in case of
the happening ot the event, might
be indispensable to the common
defence and gcneial welfare.
At that lime the nation acted
ftom a just sense of its own inter
est and honor. It was cun.idcred
as the cause of this nation, again*i
a foreign nation. It was men ihv
irnsitible effort of an undivided
nat.on. k must he admitted bv
all, that the British orders cl 171)3,
did not piescnt to us the dan^ efp
and difficulties resulting from th«
combined influence of British or .
dtrs and lrcnch decrees of dn
present day. Whence then thi„
sad reverae in our public councils ?
Whence then these unfortunate
and alarming internal division* ?
I hese evils can only be ascribed
to party spirit. Fortunately at
that day, the United States were
not di*trac f ed and torn asunder
by party spirit. Unfortunately at
the present dty, this baneful in
fluence »t« m» to huve become so
inveterate, so lost to its own inter
est and hotn.r, as to be willing
to seek a temporary and ruinous
protection under foreign aggres
sors, rather than to unite in any
measurts lo resist and repel thi.ii
eggressions.
Geutlemen have even gone s«-
far a# to object to the clause lor
the protection of the public otfi
cers Iron vexatious suits lor me
discharge of their duties. It G
belitved that this provision is no.
only correct it itself, but that ii
exist* in the laws of the several
siates and in the laws of the un
ion ; the ouly reply therefor*, that
i shall nuke lo this suggestion,
will consist in reading the clans,
objicied to in this bill, and a simi
lar clause in the t listing law ..
1 xtract lronr the bill : “ And if
any action or suit be b.c’t against
any collector or other person,
acting under the dwecium of anti
in puisuance of this act, he may
plead the general issue, and give
this act and the instructions anu
regulations of tiie president in
evidence tor his justmcatiou and
defence.
(To be continued J
LAW IN IT.LLIGENCE.
Superior Court , Chatham County,
GEORGIA.
The F ollowing case came on
to be heard, on Monday the
19th ult. and next morning, at
| he opening of the court the
idge gave hi* opinion. As
this decision involves principles
of confidci able importance to
the citizens of Savannah, we
give it an early publication.
Savannah Republican.
The State , v* ) Certio-
Cotporaticn oj'Savannah- ) rari.
BY JUDGE CHARLTON.
A Ceriiorati was iilucdin thi*
case, to retr.ove into this court,
the proceedings of the Mayor
and Aldermen of the citv of
Savannah, aUing as a common
counci', upon the depoiition
of Vincent Fcndergalt ; which
iuic>) that ti.c mayor and aider-
men, on the ?.6'.h of December
la ft, did itnpolc upon the depo.
nent, fines to the amount of 150
dollars, exclusive of cods, lor j
keeping a Farro-Bank or table.
It appears that these fines were
imposed in consequence of the
informations of wuneffiw; but
it docs not appear from any of
the proceedings of council, that
Pendergalt was cited before
them, or had any other notice
of their proceedings.
In this country no citizen can
be injured in his properly or
person, without a fair opportu
nity of defending himfclf. He
has the right of being confron
ted with his accusers, and of be
ing apprised of the acculation
againit him. Audi alicram par-
Inn, is a maxim of natural jolt ice,
dear 10 the human heart, and
afiociaied with every piinciple
of our f)(lem of jurifprudcnce.
Convitlion founded upon ex
pa* te accusations is the moll
terrible (pecies ofddpotifm that
the mind cf man can conceive.
It is not only violative of the
moll obviotts didates of natu
ral law, but it is dedruflive of
every principle by which the fo
ciai compact is supported.
Upon the geneial ground a
lon . that the patty had
not been summoned to answer
to the charge cxhibiied againd
him,. I would feel my leifautho.
rifed to quafli these proceedings.
I would quad) them upon vs hat
I conceive to be an infringe
ment —a gross, unwarrantable,
darken us infringemet, of a fun.
damenfal piinciple of eternal
justice, and of the genius and
fimplieity of our pat ocular form
of government.
But it is not ncccflary to re
sort to thole high grounds alone
to deliroy these proceedings.—
N’o law is better edabliihed than
that which relates to corpora
tions—and it is fettled by that
law, that a corporation can m
flid no punilhment, or proceed
againd any person lot a fuppo.
fed offence, u file Is a particular
notice is given to the peiion,
agai .d wnoin ih<*y are about to
proceed, 111 order that he may
preuarc his defence. This was
decided in R(x vs. Common
Council of ihc town oj Liverpool ,
2. iiurr. 731. his there laid
by lord Mansfield, “ that the
pei lon intended to be amoved
Ihou'd hnve bad a particular
iwmmons to a.nlwer to the par
ticular charge.
In the caie of Rex vs. Univ’r
fuy of Cambridge, all the judges
agreed, that the want ol lum
inous was an incurable error;
and on this point the exprelfiuns
of justice Forte (cue are so im.
prellive, that I cannot avoid
infecting them :
“ l'he objection,” fays the
judge, “ for want of notice, can
never be gpt over. The laws
cf God and man both give the
party an opportunity to make
his defence, if he has any. I
remember to have heard it said
by a very learned man, upon
such an occalion that even God
himfeif did not pats lenience
upon Adam before he was cailed
upon to make his defence. A
dam (lays God) where art thou ?
Halt thou not eaten of the tiee
whereof 1 commanded three
that thou Ihouldll not eat?
and the fame queilion was put
to Eve alio."—l. 6 tr 567.
I hefe wete decihou* upoo
mandamulcs for reitoraiions to
corpoiate odices ; but tic
principle is a geneial one, and
applies toadtnc atts of a cor
porate body whether proceed
ing on a dislranchilment, or a
gaunt a private person, for •
supposed violation ofa bye.law.
The obfctvations of jjftice
hijr.eicuc arc confined to no
particlar proceeding, but are
lounded on the broad bafis,’
that the law* of God and man.
( both give the party an oppor.
trinity to make his defence, jf
he has any." 1 »
| * , .1
This ground being fufficierjt
to set alidc these proceedings,
it is not absolutely necedarv
that I should advert to the un
confiitutiona!' y of this fumme*
rv junfdiction undertaking to
inflict a punish nen: for a crime
or viifdnneanor. I shall how
, ever, dilpofe of that objedton.
I in order that our tellow citizen.*
j may precisely know upon wha;
| footing their conllitutional li
berty (lands.
'I he .3i art. of the conflitu
tion declares, “ that the fupe*
i rior court ihall have final and
j exclusive jurisdiction in ali
criminal cases.” 4
Mr Reorder would confine this
jurifd ction to crimes as con.
ir3ciistinguiflied to misdemea
nors; and he relies upon Mr.
Chufftans note lor the diflinc.
tion whiph he attempted to es
tablish. No such dillinfclion
is warranted by the text of
Blackflone. In his definition
of ciime, he fays, “ a crime or
misdemeanor is an ad commit
ted or omitted, in violation of a
public law, either forbidding or
commanding it. This general
definition comprehends both
crimesmisdemeanors; which
j properly fpcaking, are mere
Jynonimous terms,” —4 Buck.
Lorn. 4. 5.
Offences and misdemeanors
denote inferior crimes. So fays
judge Wiifon in his works vol.
3 ! p. 4; and so fay I.—ls
the injury of an indictable na
ture ? This is the only quel
non to be asked, in afeertaming
the powers of a summary jur*
isdiction. If it is indidable,
there is no power short of a con
veniion that can deprive the
luperior court of its final and
exclusive jurildidion. No ad
ol the legislature can, diredlv,
or per. cbliquum , deprive the
fupe.ior court of that jurisdic.
non. AH acts of that defer ip,
tion, 1 would, without any
kind of helitation, declare un
conllitutional.
I will not sit here and suffer the
constitution to be violated—no,
not by the legislature; and cer
tainly not bv u small body of men.
cioathed with a “ little brief autho
r*ty, and exercising a puny
legislation upon matters of city
police.
Is the keeping jf a public ga
ining house or table an indictable
offence ?—Mr. Bulloch has can
vassed this question with great
dearness, learning and ability ;
and ii l did not know before that it
was an indictable offence, he ha-,
convinced me that it is.
It is expressly said, that a man
may ue indicted lor keeping a ga
mittt* house—a gaming house be
ing cotisidered a nuisance, or of.
b o e against the public police-— 4.
BUck. Corn. 167. This is a part
of that law which our ancestors
, brought f%»m England, and is not
, impaired by our government or
j The person keeping a
! gaining house, may still be indicted
for a nuisance, or be may be pro
ceeded against under tire sth sec
tiuu of the “act to suppress lot
bnes, and to prevent other ex
r s«tve and deceitful gaming,”
issed, February 29th. 1 164.
faro, & Craws Dig. 251— and
ns Fiction directs that the person
tfending shall be proceeded a
am .t by indictment.
(But it is always safest to proceeu
ander the common law notion of a
nuisance, because tin re is less dil
licultv in proving tbe nuisance,
lutr the Joss of particular sums,
under tue sth section of the proviti
cialetalute of 1764. And it is tire
ulest upon another ground, be.
;cau»c many parts.ol the act of 1764,
Uannul here be carried into etiect ,
trocfi the'important changes made
i 1 tire jurisdiction of magistrates,
by oar coustauiioa. it ihereiort
appears, that the deponent Pen
dergas*, is charged with ad indict*
ble oir-oee, for which the corpor*
tioji of Savannah have attemptedti
inflict a pumahmenc/ Thi*
upon the cpnstitujion 'I wilt preveq
<t will prevent it in all similar casej
’ Mora) and pood men ought how I
ver (as was observed bv gn. Mite!
= 11) not to he alarmed at this chec
on the public authority of ihe coi
>oration. They ought n«»t to h
alarmed, because a more exempli
rv punishment is annexed to
con vie no; iin this court. I bav
-u netted the victim from the Hand
*f the city orticer, i murder that h
nay have a bv jure and a
>chers privileges, the consti
tution guarantees ioacitl7.cn, witli
out any regard to extrinsic circur.i
stances, But having a kuowledgi
that an off :nce has b en coiumittec
which strikers at the root of th
public morality, it is m.v duty t
take notice ot the «*tf ndcr ; an ,
it is therefore ordered , that a war
rant do i*sue upon affidavits to b
taken by the mayor, that a gamin
table and disorderly house hav
been kept by the deponent, Vin
cent P. iKkigastfhnd that he ther«
upon be recognized to appear j
the next supuior court, toan s w<
to a bin or indictment for the ou
sance. In he mean time, let th
proceedings, as they appear on th
return of this Certiorari, be quasi
ec, and the deponent diebargi
from all process of the City Couci
which may have issued thereon.
Mr. Recorder Habersham f<
the Corporation—Mitchell £t Bu
loco, for the Certioraii.
Mrs . Graham ,
RES PEC I FULLY infom
ine Cmzens of Augulta, th
fhc has taken ihe lecond hou
below Walter Leigh E!q. whei
Ihe intends opening a Schoo
on the fir It Monday in Febru
ry next, and allures those wt
rnay intrult their children to In
care, that the greateli attentia
will he paid them.
bhe proposes teaching Real
ing, Writing, Needie-woi k, 6c
dec. — I'enns of 1 union will 1
three dollars per quarter ha
payable in advance.
January 16. 41
NOTICE
IS hereby given to all tho
who arc indebted to the fubfc
her by note or open accouri
that no longer indulgence w
be given, and that suits will I
brought ind fcrimmately if n
di(charged by the 15th Januai
next.
J. VASSER.
December 26. 2
NOTICE.
ALL persons indeb
ed to the late hnn of Watsc
6c Herbert, or to JesseWa
son, of this place, are hereb
notified, that their notes and a
counts will, indiferiminately t
put in the hands of officers fc
colledion, on the firft of Janu
ary next, if not previously fe
tied ; as the Subscriber content
plates removing from this flat
early in the ensuing spring.
JESSE WATSON.
November 21. 4 t
1
Amos Newton,
Pegs leave to acquaint his frinedj
and Customers and tiie public 3
iaige t iac he lias Just Receive!
and oilers for sale a quantity o
BOOTS & SHOES,
VIZ.
Mens Ist, 2d, 3d, 4tb, and 5J
quality of Siioes,
Ladies M >rocco & leather Slipperi
Negi o Shoes,
sjuwarrow Hoots and Bootees,
Augusta, Dec. 24* (ts)
“ ' - i—»o
Blanks oi eveij defcriptiofi
executed at the ffionelt notice,
vi;h neatncls and diipalcb, a
this Office.