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JtTTSiB CHARLTON S CHARGE.
To the Cra>‘d Jury e s Chatham
comity, April J erm, 180 0.
Gentlemen o f the Grand Jury —
At the last term. I endeavored to
dispose of a ! l the cases upon ihe
common law docket, in order (hat
no other business m'ght interfere
at this term with the trial of the
equity and appeal dockets, and to
these dockets I shall call your at
tention, so soon as you shall have
dbengaged yourselves from the
criminal matter of Mr. Solicitor
I have on another occasion said
and now repeat it, that no where
can justice be so purely impartially
and speedily administered as in the
State of Georgia.
The following analysis will es
tablish the correctness of these as
sertions :
The trial jit jury is univer
sal!) admitted as the p.dladum the
bulwark < t American liberty : but,
whether it ought to consider
ed or not, depends very escentiai
ly upon the manner oi its organi
zation. In this stair, the Petit
Jurors are drawn like prizes in a
lottery, upon the principal of
chance, which completely baffles
all those machinations usually at
tendant upon a discretionayr an
tlioMty delegated to the Sheriff to
rlrct summon & reiurn a upecified
number of jurors. If the returning
officer, under such an arrangement
happens to be inflamed by politi
cal or personal prejudices, the
jurors returned by him, will in all
probability partske veiy largely of
bis opinions and impressions.
Hence result that mats cf corrup
tion and conspiracy against justice
rnd moral sentiments, which are
found m the box, of a packed ju
ry-
The judicial system of Georgia,
can never give birth to such a moo.
ster. Our petit jurors bong seL
ected by lot renders a trial by (hem
free from all exception*.
Thc grand jurors were at one
period, drawn in ft similar manner,
but they are now selected by the
justices of the inferior court, to
whose wisdom and sound discre
tion it is referred to choose bien
nially from tlie grest body ol their
leiiow-ciiizent such in whose in
tegiity, prudence and talents the
people ran confide for the ti ial and
investigation, of the complex and
important principles which the
law submit* to a juty formed out
of the grand inquest.
1 his is called a special jury, and
they decide upon the fact* of
chancery cases ; ar« a component
part of tht equity side of this
couit and under the dueciion ol
this court, tiy all appeals from the
verdicts of petit jurors. The
verdict ol this special jury is final
and conclusive, unless the plain
principles of justice imperiously
demand a rein vest igat ion of the
case in the form ol new trial.
It the trial by our peers de cor *
pore conutatus is u ductlciaium in
judical legislation, then the ge«<*i -
al and rapid view l have here
give** of it, as it obtams in the
state of Georgia, leaves Imle room
for us future improvement. Under
such a system as this, justice, as 1
have before said, can be purely
anil impartially administered, and
it can also be very speedily *d~
iti in Isticil, lor piocesh mac issued,
the trial Ly the petit juiy ought
not u> be protracted io a period
beyond seven or nine months.—
At the expiration ol uae or the
other of these period*, the plain
till ob.aiut his fust verdict which
Will be final it ihc defendant does
hoi appeal, and in that case, so
jealous is the law of prociastin
aiion that it betters tht condition
of ilie plaimiii, i»v requiring of
the appellant, good security for
the payment of me ultimate con
demnation money, and at the same
time, the sjicctal jury
to give tnc most exemplary dama
ges for all iexatious dears. And
luese damages wnl always be
given by a spicial jury, deaf to
the voice ol leniency, ami obe
dient only to ihe inexorable man
date of the law Appeals under
a practice established by im
predecessors, aie now trod the
m alter tncy a«c entered,
► o mat under e*i.i v possible com.
b. nation ol cuuiiiDtitiicct, unless
a Mew trial is grained discre
tional) pow«r iu tow court onicli
; s ntcerc : *ed with great caution)
s definitive determination is ob
a ned nt the expiration of four
teen or eighteen months.
All the property of the defen
dant is bound from the signing of
the first judgment, and an execu
tion issued upon it, defeats all
intermediate sales or convey aces,
whether under the operation of a
puisne judgment, or to a purcha
ser for a valuable consideration,
it is not in the power of fraud or
chicane to destroy the lien ol the
first judgment and when that is
satisfied, the younger judgments
inherit the lien of the eider, in their
order upon the surplus property.
I am speaking here of the judg
ment entered up, on the verdict
<>f the petit jury, within four
days ester the adjournment of the
court. And though the appeal
which msy ako bo entered witmn
four days after adjournment, is
considered at a denovo, procee
ding and a supersedeas to the
judgment appealed from, yet the
tubst untial oruriiv rr<|muil to be
given, compensate* tor the lieu ol
that judgment, particularly when
combined with the power of the
special jury, to assets damages ud
hint nut y for the vexatious delay.
I feel convinced, gentlemen,
ihut lam discussing points with
which you were previously well
acquainted. In giving ibis ana
lysis, therefore, of ihc civil juris
prudence cf Georgia, I have not
bad in view the instruction of so
intelligent a body a* you are, but
to create in others a confidence in
our law, and to repel all unjust ani*
mad versions upon the judical polity
of tins state. 1 shall soon conclude
my observations on this head.
I he simplicity which mark every
feature of our proceedings at com'
monlaw, is equally discoverable
in a chancery case.
It is a trite observation in other
countries, that when a man gets
into a chancery, he bequeaths the
prosecution of it as a legacy to
the succeeding generation/ This
reflet lion Upon the tardiness of
equity proceedings will not apply
to the judicial system of Georgia.
A case in equity must he finally
disposed ol at the fourth term,
the term ol Ihc filing of the bill,
inclusive, aud unless very special
grounds be stated, the case is dis
posed or at the third term.
In ordinary cases therefore, a
decree mill be obtained in the
course of 18 months, and it may
be obtained much sooner, I am
here alluding only to those intri.
catw and important rights wnich
are generally woven into a chance
ry suit.
Would to God that I could dwell
with as much complacency upon
the criminals as 1 have upon ths
civil code of Georgia. Our cri
minal system still retains the feu
dal barbarism of our ancestors
and should long ago have expired*
with the political forms of govern
ment from which the revoluti.
on emancipated our nation. On
the other side of the Atlantic the
most important innovations have
been made upon the sanguinary
principles ol the Gothic code,
& in many of our states Jie pene.
tcntiai y s\ stem has entirely super,
ceded tt.
1 he mi ml ol a freeman of Ame
rica brought up under the auspi
ces ol lioerty, atm the publtck
v,ru “ : revolts at the idea of stripes
muttiaiions inflected upon the oo
dy ol a fellow citizen,
it is surely better that an in- '
tractor, of tht laws should atone
for Im transgressions amidst the
soiuude ot a penetentiary prison,
wheie his labor may bemiii socie
ty , and his reflections reform him
>cll. 1 his however, is a subject
for legislative wisdom, and until
ihe penal law i« ameliorated by the
application and exertion of that
wisdom, ,t 15 your doty a(MI u
is mine, to give luli effect io that
uw as we find it iu force. Iu ac
u»g upon M r . solicitor’s bills
thereloic, you have only to asccr- *
taiu whether the e..purte proof I
submitted to you supports ihe
charge in the indictment, or rather
" hedier therearc vuiiicieutgrounds
to bung the indicted to nu trial,
jealous of the >acrcu right* of the
people, tnc constitution lias dele- {
gated io this the highest tribunal, i
exclusive jurisdiction iiicriunu
a< vasts. Called upon for a dc
ci»iuu ou (inf subject, l did sty, 1
and I now repeat it, *Sth a
full conviction c>t it correctness
that in order to qive this court an
exclusive jurisdiction, it is only re*
quisitc to be Aatirficd that the of
fence charged i* cf an indictable
nature, ’i his be;r.ga*cer<aitied it
must be obvious to the meanest
capacity who will take tHe trouble
to read the lat rect. of the 3d nr*
tide of the constitution, that this
court has an exclusive jurisdiction.
No man whn is devoted to the
republican simplicity of our gov
ernment *i,l attempt to controvert
a principle so loudly, vo emphatic
ally proclaimed hy the constitution.
Me will not attempt to controvert
it because in doing *o he subvert*
ihe all important right of the trial
by jury, & thereby snatches front
the cit zen the best security he
possesses for the enjoyment of his
liberty and reputation.
The ends oi justice some
times be promoted bra summary
irregular infliction of punUhment
upon p< r*.»ns who have rendered
I them«elve* dangerous or suspect
' ed, but the precedent once estab.
likhed and connived at by the seda
tive acquiescence of the people,
or by those who are specially char
ged to watch over their rights,
what follows but a prostration of
that equality, which in this free
country characterises the distribu
tion cl justice to the rich and to
the poor ?
'i he wisdom of delegating this
exclusive jurisdiction to the utpe
iior court, is obvious from another
important con»iueration. This
court is aided in the exercise of its
suthority over criminal cases, by
one hundred and six grand and
petit jurors, and in such a mass of
virtue, knowledge and patriotism,
the constitution supposes that no
formidable danger can lurk against
the life, the liberty or lame ol a
| citizen.
These being my impressions, no
consideration foreign to my duty,
as pointed out by the constitution
and the law, shall for one inotnsnt
induce me io connive at an usur
pation upon the plain authority of
this jurisdiction. Malignity muv
give its own expositions to this
species ol firmness, and it may
have to eucounter die obduracy ol
prejudice, but protected by the un
equivocal language of ihc consti
tution, and all <7* friends , the dis
contents ol those who may Wish to
assume a concurrent authority will
excite no emotions incompatible
i .rah that allegiance which l have
; sworn to ihe constitution, the laws
’ and the people.
Gentlemen, 1 submit this charge
to your cousideiauon, with my
thanks tor your patience and at-'
tcution,
" ” •-*S_" I J LSI
Fr»m the South Carolina State
Gazette.
Eloquent and Impressive.
At the Court of General
Scflion* of the Peace, holden
at Union Court houfc in March
Term lad, before the honors
able judge \Y ti-Ds, John Tol
i.ison was tried and lound guil
ty ol the wilful murder of
John M atnis —and when the j
unhappy criminal was brought
to the Bar, to receive the len
ience of the law, the following
eloquent and imprelfive addiels
was delivered by the judge; the
lerious imprelfion it made on all
who were present, the lauhful,
cor red, and forcible view it ex
hibits of the awful and terrific
lituaiion of the wretch, who,
abando nrd to the feelings of hu
manity, imbrues his hands in
the blood of his fellow-creature
induced the Members of the
Bar, attending that Court earn,
eilly to requelt the honorable
Judge to commit it to writing,
and lavor them with a copy
which requell he politely com
plied with, and by thole Mem
bets of the Bar, it u now offer
ed to the public :
John Tollisok, 1
The duty which yet remains
to be performed towards you,
of all others to me the molt aw
ful and diftrelling, it u m y n „f.
lottunc tohe obliged to perform
atone.
The laws of our common
country have conmnflioned me
to announce to you your doom ;
1 hold your death warrant in
my hand.
Deaih, the great destroyer of
man, is terrible even in its mil*
deft forms, t ! ough we behold
its deftiudive ravages spread
wide around us; though we be.
hold the rich, the poor, the old,
the young, the virtuous, the
vicious, fall indiscriminately be
fore its deadly feythe, and feel
our own fate inevitably, (till we
cannot contemplate its frighful
approaches, but with molt fear'
ful apprehensions. I’hc awful
uncertainties of a future state,
the untried viciflitudes of an un.
known world, whence none
who have gone have ever re.
turned, appal the Ifouteft hearts ;
and like cowards, wc groan un
der die pre flu re of life’s many
ills, fearlul to draw aside the vicl
which hides the future from us.
But though death be always
dreadlul, it is not always equally
10. To yield our lives to him
who gave them ; to wait the
diead moment on out beds of
licknefs, lurrounded by thole
we love, whrde affedionate con.
cern, whole lympathizing tears,
loften the anguilh of expiring
nature—to die for our native
land, to guard its honor in the
field of danger, and meet the
grim Iyrant at the cannon’s
mouth, though not enough to
make him welcome, robs him of
half his terrors.
But unfortunately for you,
tliele are confutations which will
not lupport you in your ap.
pioaching doom. Ihe life
which God hath given )'ou, you
have yourfelf molt wickedly
delfroy ed—the tender love, the
(ympathetic tear which would
have cleaved to your departing
(pint, and winged it for us
(light, you have bamfhed by
vour public dilgrace, to pine
in hopeiels lohcitude over your
untimely late ; and to the of
(ended juli.ee of that country,
lor whole honor to have died
would have been heroic, you
(all a victim. Hung up between
the heavens and the earth, hea.
ven’s cldelt, greateli curie,
(tamped on the deed vou have
done ; no friendly voice to bid
a long farewell; ao friendly
hand to close your eyes in death ;
you will exhmit an awful, but
iuftructing Ipecbcle to the world
and prove that the arm of aven.
g>»g jullice is fwift to overtake
him who Iheas a brother's blood.
I ne-*d not remind you for you
cannot have forgotten the cir*
rumlfanccs which led to this fa
tal catallrophe. Your hand yet
fmokc with the Mood of murder,
and .Mathis new railed grave
makes an imprelfive appeal to
your memory ! think not to find
a palliation for your offence, in
the intoxication under which it
is (aid you labored ; nor hope
to extenuate its horrors, in the
irritation of passion which you
endeavored to establish. Your
drunkennels but aggravates vour
crime ; the diabolical fury
which drove you on to perpe.
irate this fatal deed, seems not
to have had any exciting caufc ;
be the insidious, cowardly man
ner in which you made Ihe at
tack, the deadly weapon which
you weildcd, and your unman,
iy pcrlevcrance in inflating the
deepest injuries on an adversary
who had not made the flighted
rJiltance, nay, who was even
unable to raile his hand agamft
you, argue a moil favage' tem
perament of loul—a heart black
with malevolence, and more
than oidinarily depraved.
You have had a fait and im.
partial trial by jutois ol your
own choice, in the (election of
whom even your caprice ha
; been tenderly indulged, y c „,
i have had the beneht of a b.;
counsel, whofc manly addre.'i
j to the undemanding, whole el
oquent appeals to the heart
I mult have laved you, if cv ._
a doubt of your guilt could ha- <
been excited ; but a lay, k ft.
ail been in vain; you have bre;i
deemed guilty of the horri<i
ciinie of murder, for winch yua
die unpitied.
It will be hardly generous t 0
remind you, for it can now on.
iy aggravate your diltrels, 0 f
| the many thong inducements
which you had to a difF-i cm
conduct. Living in a land of
light and liberty, where every
right is fccurely protected, eve.
, ry virtuous exertion liberally
rewarded, in the vigor of health
and prune of manhood, and
| lurrounded by all the means of
honelt employment; life was
furcly wort!) preserving.
\ou have, but my heart
sickness at the thought, a wile
who tenderly loves you—you
area father of children, who
look to you for biead ; for them
at lealt you ought to have lived.
Cruel, thoughtless man, what
have you done ! Befivles robbing
thelc objects, juflly dear to
your heart, of their only protec.
lion and support ; bciides turn,
ing them on a wide and friend,
lels world, expofedto all the
buffetings of Icoff and advcrliiy,
you have unkindly loaded them
with dilgiace, which, though
y do not merit, they mult
for ever leel.
But if the laws of ycur coun
try, and your country’s God;
if the love of life, and its varied
enjoyments ; )f thediftrefs and
diigrace of a family you love,
were unable to withhold your
murderous arm—yet, believe
rne, when I afiurc you, a realon
yet more powerful than all,
ought to have made you paulc
—you have an immortal foul
at Hake, and have by this falsi
deed, to the manifold trans.
grellions of an ill spent life, ad
ded a mountain of guilt.
Your days on earth are now
numbered. The Iword of death
which hangs uplifted over the
frail thread of your exigence,
ready to drop, will quickly cut
it in twain, and those who have
known you shall know you no
j more. But tho’ you "feel the
fatal stoke, hope not in it to
find a termination of your woes;
it will be the mere prelude to
another trial, awfully terrific ;
again you wii|. be arraigned at
the bar ofjullice, and the black
record of a thousand crimes
spread in your view. Again
you mult raise your trembling
hand but before a Judge, whose
penetrating eye will spy the secret
corners of your foul, whose
power is fearful indeed ? Again
you will be confronted with wit
nesses—and, horrible thought!
the bleeding, murdered Mathis,
probably dragged from the how
ling regions of despair, will ap
pear in the number; should you
again be found guilty, your
doom will be inter minable woe !
Let me conjure you by every
tie which yet has a hold upon
your heart, to devote the scanty
remnant of your days in serious
preparation for your approach,
ing doom—drive importuncly,
I befecch you, to secure that
advocate, whole merits are all
powerful, whole services r >Jonc
can lave you ; for in th£ ** jf
hauftless fountain of Rcdeei.?'.'|
Crace, even the foul (lain ' J
Murder may be washed cieain.
The Sentence of the Court hj
that you be now carried front
hence to the place Loin whence
you came, and that on the last
Friday in May next between tb«