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flo* the correct!*#.?; if this is iueh
• c tfe as bisbeen fhos n ;aml if a jury
is a local limited po ‘jeer, it follow s
c <- \r y and cor.clufive'y, that they have
attempted things nomnly beyond their
jutifdiction but also beyond their pow
er to correct. Agail ,if the design o)
their formation was t a point out er
tots and to call for ‘} e corrective, and
if rhe funerior court is the only power
or body to which tht y can make fach
an appeal, and it if found that the
court itfel! does not pr ffofi the correc
tive, the inference is irrefillibie that
they have -wandered frori their “ ori
ginal province n The functions then
of a grand jury being exeicited by par- \
t?:u!ar foecial regula'ion it would fol
low from what has been said the result ;
of any deciGon upon a case of the a- 1
bove defenption would pro re one of
two things, viz : either that their de
e fion partook of the nature of an ex
poll facto law, or the case was nevei
intended to he embraced by tneir juris
diction. I iheref re infer that a grand
jury could never have been authorized
to take cognizance of a crime, to which
it had i ot the povrer, dt*ec !y or indi
rectly ofinfl.cting he penalty.
They acted then without authority,
which is by all means er< flv repug
nant to our republican infti'utionr,, lor
to exercise a power or right which is
not vested bv fome law or authority,
is contrary to the firfl principles of cur
conllitution ; is literally and orac’ic.il
ly to ixocif’ an ai ficcratiiai power.
Thar they did so is clear for >hey were
not acutig as indiA in the honed
-exe T ti(o of lie piivih gesof c’tizerfhip
*• liberty of the pre-f, and freedom of
specch, ’ ~gua;-£nteed to them by our
.fWd'i'iKß.ri j but a- a bodv corporate
|afiigjhe oj official functions un
3*V\ fnecia regulations, lien I con-
exift an iff ntial d.fference be
tween the privileges of Gmple ciiizen
fliip.and tin functions of an official ca
paetty •, which, though not iuc->mpari
bie with, nor repugn am to each’ other ;
though no-obligation of office c.an ipfu
faffo deprive him of euher, yet cannot
be equally exero.fed by the fame indi
Vidua! atone and ;he fame time?, for in
such a case, fprcial law would ,be ren
dered a mere nullity. What tip g*ar.d
tj’ .*;•.! was re i|k tt li'ilt
acut.g in;: corporate miefaf"chpacity,
rights v hi cl, werfctitvei denied to them
in no individual one, which by the
thinking mind mult be viewed at fait
as an idle abfardUy,or rtieddlehime. if
nothing woife AUahtm that you have
f t*.\ on the ipso fat to power <f a (ini*
pie impannehnentj to deprive or not to
d< p ive g and jurors of rights which
they as individuals might lawfully ex
ercise, cannot be itceived othtrwife
than fEitify pedantry, or proftffion
J/jSL Jgofpoaft
|g|||| You have fa id that hv ibe pr.tTage
Hne compel fation law, ■ the plain in
rpwntion of our conflitutiort war pei ver
ted, rur itbertie* rtivarnd ” 1 < strew
the absurdity of tins remark, one might
deem it only nec*lhary to q'.’oe the
words of the conltituuorj itself, (Art. J
feC. ci. 1.) Pot at yOU fpcnlv witK so
much pretty eloquence and. rhetoric an
the fuhj ctj I mull beg leave to go
lomcwhat in deiail, which you (hail
have ip roy next. A.
j 0 FROM MEXICO.
New-York, June 5.
We have received the following
our correfpbndent at New-Or- j
leans-:
Mexicak New—The republican ■
gentleman Moreilos, made prisoner by |
the royaiifls, was carried before the <
tribunal of the Inquifiticn, in the city ’
of Mexico and condemned as a here ;
tic, atheist, deist, materialist, and for
other crimes cf the competence of the .
holy tribunal ; hi was aifo condemned 1
by the arch bishop, degraded in con •
Sequence, and given up to the military !
tribe rial, who condemned him to death
an * he was executed on the 22d of L)e
comber last.
The Mexican patriots by a prociam ;
ation of the government and a circula
to a!! the provinces, have folemni
{worn to revenge ;he death of their ii
Juflrious defender, protesting th-t thev
will always hold the viceroy and (iO 000
Spaniards who inhabit the immer.fe
country, refponfibie for the bicod oi ‘
Mo i eh os.
TH f - N
WASHING ’ON i"!Y •
Vvt prolniled to addtels tome
| observations paiticularly to the au
thor of the remat ks in the last
News, over the signature of Z.
They nearly all relate to the editor
and his motives, neither ot which,
it is conceived, is of tuflicient ini
portance to be difeufled before the
public. Ihe author ot Z has been !
able to fpareonly one or two pie
ces ot paragraphs to the subject on
which he profetTes to write. These
fltali be anlwered, and to avoid the
poflibility ot misconception, and to
exclude the charge of unfair deal
ing, we c]uote his words :
“ Wlicilu-r,” sa\ li- , tlie late Grand Jury o<
tills cuunlv 1..1VC wan<U rrd. or not, f.nni u vlr j
origmiil pioiina , Is a question nki-Uit lirfity- |
making power ill Congress but remotely it at j
all, alTVciing the great mtn si *of the nation.” j
Although it his nothing to do
with the iubjt el before us, we can- |
not help atking our correspondent 1
whether he r; ally does think that j
the treaty making power in Con
grets affeds remotely, if at all , the
great intends of the nation ?
The rell of the patfage muff
mean one of two things.
lather that the waywardness and
innovations ot Juries cannot uff £t*
th de great ioterefts.
Or that even on any supposition j
it is’ not important whether they i
wander or not.
If, according to the fir ft inter-
predation of our correspondent’s
meaning, this, or othei Juties can- |
not affuE the interests of the nr- 1
tion; why do.they attempt toregu- ‘
iate thetn ? why grasp at objects
lo much ab6v-their reach that so
tar from controlling, their utmost
efforts cannot affect them i I his
unfortunate Jury is handled worse J
by its friend Z. than by us, who
never have accused it oi such tolly.
We accused it, indeed, of a flagrant
extrajudicial innovation ; we, it is
true, afeobed to them an unfeernty
mixture of election fquabbies with ,
the grave deliberations of justice. !
We have said, and so {till fay, that
they travelled out of their province
—but not according to our cor
respondent, that they have wided
beynn . thdif d*pth. -n.il c-r-n.-l-.t
at the’(tars. How Z. will be able
ro make his peace withthofe gen
tlemen, for exhibiting them to the
public in a point of view so fu
pre.nely ludicrous and humiliating,
we do not know—ihac however
is his affair.
But, perhaps, he may have
meant no more than to fay, that
the fubjed m any view of it is of
no importance. It so, whar, we
would ask, has ex ited his indig
nation to such a degree as that in
one paflage at lealt, he forgot the
claims of comma j po'itenefs. And
here we can a (Tore Z that such
taunting alperity as his, would not
i have been receive ! without the au*
th <r*s proper signature, had it been
directed against any other person
ban the editor. To have voiun
-eered his talents, and feelings also
. i a cause of no manner of conf
luence in irfelf, and that in favo
>i friends who had, on his own sup
position, no cause to be offended
to cor.e thu? where he was not
wanted, and"reman where he was
i Os, no use, and to.is exp afe him Id f
to the denfion of his enemies, and
(he thame of his friends, realiy
teems to argue an excess of gene*
lofity. Hut when we fee him con
victing his triends of more than we
have laid to their charge, we ft'Sr
they will not be in halte to make
their acknowledgments.
But we haflen to quote the only
remaining words of Z. that are to
the point:
• N man by being impanncllod on a Gram!
Jury, is ipso facto U p::vi'il of any right wh-G
■v r; nothing in our r.iws, nothing in tin
r.'lkv anil mii-Ticnof Ctonrtadepriving
furors ofrigltts which they as ind j\ idiials might
..Wt'nily i-xv v .sc.’*
Or, in other words, that they
have the right to do any ad in
court as grand jurors, which they
might do out ot it as individuals ;
which must be taken to be mean
ing ot the pafiage, it it has auy
meaning at all.
Now can it be needfary to re
fute by serious argument -an idea
so ttrikingly talh-, ious, to iwtep
ingly extravagant-—a notion lo
completely “without form, and
voii V* So far from having an u~, t
nivtrial capricious cognizance the
duty of a grand jury as designated
in their oath, is, “ diligently to en
quire. and true presentment make
ot—what ? of the kingdoms, em
pires. and principalities and powers
of the earth ; and ot things alar
off, aid of thmgs yet to come rno
luch thing, but “ ot all luch mat
t is and things as (hall bt given
them in chatpe” And whoever
heard ot a jury being .charged and
diiedtd by a judge to meddle with
mailers beyond the ju lidictimi ot
the court itlelt—of which the juty
is but a part ? 11 there is any law
or rule of conn enjoining, 01 even
allowing a judge to chaige them
further, let it be produced. As
for precedents, we‘ acknowledge
there are fieveral, and thele form a
part ol the evil of which we <otn
piain 1 hele very precedents are
the previous (ftps ol oiltdal,’devia
tion, 111 which otir jury has trod
den, and a little tratifeended Uie
progress of their prcdectllors. io
attempt to prove the latl ttep cor
rect because there was a fit it it tp
taken, is unworthy of the name ot
an argument. II precedent iancti
hts error, Rome is the load to ial
vation, and the Pi on limit iaith. is a
damnable’ h< rely : it one ablmdity
is allowed to tortiiy another, Z
is hereafter invulnerable.
If the Grand Jury then has in
the box, every right that they in
dividually have out of it, we hope
that for the comloit jo 1 tlie pious
lia.tof th <'iirtnn<l audienci’, fti^y
wiirediiy us with fome account ot
their religious experience. And
on the fa.i e principle, we can tee
noihing to prevent their entering ,
on rhe minutes ot the court,
leveral in.provtniciitsinhuibanciiy.
I Let them, therefore, (the aflansot
J the nation being firtt thfpoied ot)
i notice ini heir and let
the cltik record the- left n eihod ot
worn irg ti bacco, ot railing peach
trees, and how n uch whiskt- can
be made to the Luthtl. 1 his fi< ms
novel, bur it is allo.utdy not lo
foreign fi< m their povinct, as
Congress is. And Z contends
that in the jury box, they are de
prived of no individual right what
ever As the judge is certainly
not more reltntted in ids rights
than the jury, be may of courle
i con bine at pleasure, law, politics,
morals, and tihicks. He and the
jury may ditcufs treasury notes, di
plomatic notes, and promissory
notes, the general government and
thegeneial issue indifferently He
will have an equal uie for navies
and ‘de.lars.nucs, armies and affiaa
vits ; and after having fettled
stance of justice and the balance
of fhirope, he mav join the nd
jury in their difquifiti n on peach
trees, Tobacco, whiskey and religi
r>n. A man who joins a volunteer
company, or is invited to dinner,
or goes to church, our cotrtfpon
aem will doubtJefs fav, ha fu: ren
dered none of tns rights, and yet
Jm reasoning iias not entirely con
vinced us that such a perlqn has the
priviledge of fiddling in the ranks,
or spitting on the tabffi, or dancing
auiidft the congregation.
Z’s miliake lies in not diOin
guiihing between the right of an
individual and the dutyuf an officer.
The fir ft is a ptrlona! ptiviledge,
which, when acting (imply as a ci
tizen, he can an ought to exer
cise. The iecond is, the limits set
to a deputed character. W hen
dctingjas an ofticer, he fhotild be
known only as luch—he flmuld
know i-UMsiiLF only as such, and
thould contiJer it as much his duty
uever to tranfeend, as it certaiidy
is to act fully up to the ollicial liuriis
pretcribcd io him.
Wt are aurhorifed to ft ate, that
an address from dr william w.
mun, to the people of Georgia,
will appear in our next.
0 Major jothua Clarke (pay
master to C ol Booth’s regiment)
will attc- and in w ulhingUm on tbe
20. h inst: to pay oft the fever tl
companies ot Lid legirueht, in
Wilks county.
0’ The communication, on the
appropriation law, signed W ; is
inadimllible fioin >ts peHonaliiy.
PROMO riOM.
We havi just beert” 1 formed rhat
Wiliiam If Cr-wford hsr beer a; poin
ted by the Pr-fulrnt ol the IJmivdi
States,!agent lot Indian affaire at die.
Cfck Agency. It Is ihoughc by u/mc
that this is a very judicious appoint
ment, at. the hon'uabft* genrleqAtm will
rctiie among thof* whom, “he lias
the reputation of entertaining the It ron
gell lympathiep ol arrftabiluy and mild
uels of tern per unit'ru.
Sav. R pub.
Georgia— l.mcobi county.
Whereas Samuel Davis, F/q.
has made application for letters dis
; m (Tory, difmitfihg him from tin;
Kxccutorfhip of the estate and ef
fects of Fielden Hughes, di.c.
These are therefore to cite and
admemilh all and fingulai the kin
died and creditors of laid dec’d to
flic tlicii objcfUona in my.olfice (ii
any they have.) within the time
prdcribed by law, otherwiie letters
difmiffory will iftue accoreingly.
Given under my hand at office,
this 4111 day of Juiy, 18iC.
// in. Harper, c.c.o.
July 12 2t
AdmmiMraur. *j iioie.
\\ ILL be S()LD,o i the fidt Sat
urday in S< pfetnber next, at the
houle of Abtahani Selvey, Ln’r.
in the county ot Oglethorpe,
between tht hours ot roai.u 2.
o’clock < 1 that day, m
All the N grots belonging”
the estate of fculannah Sclvty, dec.
being in number, fix, and fold pur
luant to aii order oi the court of
Ordinaly of laid county, kr the
benefit ot creditors aru oiffiibu
ters. ( item v ill be given or til
j the frit day O Jaiitiaty t ext, v th
j bend m and good lttthold tecunty,
;nd thepi< petty is t ot to be c< n
tidered as delivered until iuch Load
ands curity is gieen.
1 l Z( hi ib b. k t)\ rtcr.’z.
July 12 6;