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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«