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*0 the piote&ion pi kiiC it will j
also be infumcient for the preserva
tion of the other. The fame pow
er which enables the Legislature to
inhibit the Piking of all civil pro
eel's, will authorize them to inhibit
the liTuing of criminal process alio.
The Judicial Department then {trip
ped of its cohftitutional powers, by
a L giflative act, would become the
me;* wljat it was—of
v at V 1 Colnrlturion intended it
JR>c iT e. - The Judges enjoined I
by-} inilru meht'to hold Courts;
ta-a • each year in the refpe&ive
cov would-be incapacitated by.
‘< ; v £a:ive inhibition from obeying ,
i oliijnndtions. It is no arifwtr to j
this to fay, that there arc cases upon ‘
Vhi eh the Judicial power is per mif
fed to operate by the aft in question .
-?We have already ‘(hewn that
thele very exception? of thernfdlves
renbitute an uuan'fweraLlc ob\
■ on to the acl—becaufe If thereby
. iou.tes the equal right o’ every ci
tizen of the State to participate in
the benefits cf die fncia! compact.
But tiff power aflumed in the firlt
ftetion of the acUgoes to the full
ext-nr which dated. The
exceptions fetal bom
conbderations of expediency
Nor is our view of the fubieft
charged, by the provlfion of the a
iivcading aid, which limits the ope
ration of the original act to a fpeci
fied period. The former act ap.
pears to us to proceed upon the af
fun.ption cf a power to annihilate
the Judicial Department while the
l itre} merely suspends its existence
fer a ftipulafed period, or what is
In effect the fame thing forbids tpe
txercife of its functions during the
prdcribed interval. Unkfs we err
in the opinion which we have form
ed, it is equally protected againfl
both tbefe aftauirs, by the barriers
itii Width the Confiitntion has
: rounded it—-Why eife are the
“atlialal Powers of the State confi-
Jed to a diftindt body of magistracy,
constituting a primary and co-oidi
rate department of the Govern
ment, and protected from the inter
ference of the other Departments
Tj the exerrife of the fundi ions with
which they are entrusted ? Finally,
why other wife are the Legislature
Specially enjoined by the Conftitu
rion, to pass ail necessary laws and
regulations, to give full effect to
the powers thus confided to this
Department ?
For these r eafons we arc of opin
son that the aft in question violates
the Confutation of the flare of
Georgia.
It remains to cohfider the A€t
ao authorize the several Courts of
liquify in this date, to grant reme
dies in certain dies, &c. &c. and
for affording temporary relief to the
•Soldiers, whilfl in the ftrvice or this
State or the United States, and for
other purposes—Our view of this
act is limited to the Cth and 7th
fe&ions, by the cases presented to
our confederation.
The former declares, that it (hall
not be lawful for the Judges of the
Superior Court, &c. &c. to fuffer
any verdifl: to be entered, or judg
ment to be signed in either of their
said courts, ar-infl any folcier or
officer of this (late, whilst such foi
dier or officer is in the service of
chis State or of the United States,
and provides that the fact of such
service, (hall be good ground and
fufficieni cauffi of continuance.—
We are cf opinion, that this pro
v ion is liable to all the objections,
M’ /rh have pgen it-'so to bo appli
cable to the affi betlrfs c^ri*.
fideratioff:—
1. It impairs the obligation cf
contrails, b\ withholding from the
creditors of thole perlons who are
the objefls of its provisions, the re
medy for the enfc: cement of their
contrads ; in which as we have be
fore (hewn the obligation of the
contract, cc ifills, in the ienfe in
which that term is used in the. Fe
deral conlthurion,
2. It is unequal rn its pronfinns..
—lt v’olatea that equality of rights
to which tjie free citizens of tbk
{late ate entitled under the confl
tution—lt affords an exemption •
a fold ter in service, which it dent h
to all the citizens of the flare befine
■ —lt forbids the Judges from fulfe.-
rig a verdict to be entered or judg
ment to be iigneJ ngaiotl ah offid.r
or soldier a fetvico, at the (hit of a
citizen, while it permits the officer
o** ffiluier tc enforce his contrails,
by obtaining verdict and judge- j
utenrs agair.lt the very fame citiz g *
to whom the like right is denied. .
We are not inferrable of the merits
of our brethr n in arms—Our con
stitutional powerswill always 1. :*
cheerfully exerted for their protec
tion, who are engaged in pro: Thing
i:s. But this is an inequality for
bidden by the conftirution; and
we yield an unqualified obedience
to its injup-ftior.s.
3 The proviuon is In violation
cf the Constitution of the Itr.fc of
Georgia—it proceeds upon the as
sumption of the fame principle,
which charafherizec, ‘•he fir ft fefliojx
6t the acl heretofore or der couU
deration, and which wj have (hewn
to be fubvet five of the Judicial pow
er as it is sec.u 1 ’ .1 by the constitution.
The 7th fiction of the acl bes.-re
us provides, that in ah cases wh ..cc
judgment 152*’ already been obta v;d
in any of'the Courts, the T feu,- i
may by complying with the ternv
contained in the 4.T iljlion of the ‘
aft, claim and receive the benefits
Uud provisions cf said lection, and
where execution has al-eady iflued,
the officer in whose hands the {aide
may be, {hall be bound to take the
feeurity required .s directed in Lid
fe&ion—-Turning zo ihe4ih fectirn
we find it provided, that in all cm as
of judgments hereafter rc*n Jered the
defendant may stay ail further pro
ceedings by entering good and Ef
ficient security within fen days after
the judgment of laid court.
The provisions cf the 7 th: Seflicn
are obviously incapable of being
carried into execution- In relation
to judgments heretofore obtained,
they do not preferibe a time within
which the (ecuvity is to be entered.
The reference to the 4th lection
which relates to judgments hereafter
to be obtained, is clearly inapplica
ble.
We are therefore unanimouily j
of opinion, that this fetiion of the
acl is void—because it is incapable
of being carried into execution.
ROBER T WALKER,
JOHN M. BERRIEN,
YOUNG GRESHAM, ‘
ft W. HARRIS. j
A true Copy from the minutes , j
JOHN H. MANN, Clerk.
Ckrk’s Office 9 13th Jaxuary, 131 -T.
IN order to give room to the
pinion of their Honors the Judges
of this State on the Confiitutionai
sty cf the Alleviating Law, we have
been obliged ro crowd out other
matter prepared for thij days paper.
Advertisements emitted r.h fd
per : ’ i'% our ner* ‘ ,
TH F. FK iE NDA X T D M MtTO, P..
%* X ¥t * :-H -X- ■$ si; ••... •* •$ %>-
Friday, JvxuAur 20th.’
THE opinion of tjlcir Honors
the Judges.ef the Superior court
cf this (late, will be seen in the co
lumns of this days pape'-, and no
doubt read v/iiTcothidernLla iftter
eft; Ii point of p.-.rfpiu:i:y of style,
.m i c*.'*ger.cy of rreument, will be
considered itcond to very few pro
cludlions of its nature. Though
not a disciple in every particular of
their dochine, we nevierthelefs, re
ceive it, as the belief of men well
excrcifed in the obligations of can
dor a• ■ and jullice, at and atlnated alone
throueh motives of public ‘utility.
Delicious will be their rezvard In
the approbation of the honest , the sun
shine es a good conscience.
l r iHodgevdle 9 *fanv-i: r 1 ?.
i he Enemv on e rr'Coast I
j
gi : On Sunday* the filkuing intel
ligence zcjs received by the Executive.
Gen. Floyd to Gov, Lari r .%
4 Camp Cc r v:v.gion 9 Jcnwit y .1 1.
’ T-y express from St. Mary “s
dated on the £th in ft a >t, I atn in
formed that seven frigates, two se
venty-fours and several tree /
wore then off ‘he Bar, and that
id me'of t! fma.ll vcftels were with
in ti e Bar C'vJtrnr in. By infer
mation from persons who had been
on be;” and, atJ arrived at Ameli?,
it ieeins to be t’.e intention cf the
n’rv.l to take peiffiliion of Cum
berland Hand, and make a help.-! a I
os Mrs. Mi-lev's tnanfipn hbule.
Their force is said to consist est it GO
(fotiic icy * c -’- *•• \) L. is dated that
they are worn .he Ckefapeake, and
in • -id wir.tt.rihg on Gurhbcrljju.d,
<r - Vui i-.hnb,- aus aVe hVCOch and
- 1 • . -f ./• *: *
- vi . i-i> k-
Hiediai dy :ie Irh • h ;y o
rru ve off or rv .: lueft, and that Ac
tion fa*! into Jhands of the ene
my, vvM- h will enable rl -r\ ?: eii
co.uHcc tile bofliftty of the Indians
r v ; keep our frontiers In a continu
al Tate of alam.”
A fufibient force we arepaffi?vn
f;d will be immediately ceded out,
■ro drive the enemy from Cumber
land llland, or any other part of the
cr aft of our Rate on which they
tljav land.
tr Information ft cm G?r.. MTn
toM of the ikh (l3t.es, that accounts
have been received from the Poli-
Master- at Fort Et. Stephens in the
Mississippi Territory, of the Britilh
having landed thirteen thousand
troops, burnt Pad Christian below
New-Qrleans, and being on their
march for that city. It. is also dated,
that there has been a severe entree-
O O
nsent between our gun-boats and
fame of the enemy’s barges, eleven
of which were funk with their crews
—five cf cur gun-boats were taken.
The army under gen. MTntofh had
eroded the Chatahoochie on the 2th
and was preffiug forward as fad as
possible. In consequence of the
imposing force of the enemy at Nc -
Orleans, the detachment uniUr
Gen. Blackffiea? has been ordered
to abandon tor the present the def
trudlion ex the reitaainiw’ hoftiie
Indians, and join the main army,
as early as pracl:cable.
From recent intelligence, the en
emy’s force at Appalatchicola does
not appear to be confitderable. A
confidential Indian direcl from there
flares, that he saw 20 white and 4-0
fy {Jig rs) r }■*’ ?} h N ’ ■’ V Ff <?
jUjQjon of Flint and Chatahooch?
rivers—they w r ere commanded by a
British officer, had no fort or ditch,
and only cine house, but expe£le4
soon to build another. At Forbes's
{lore, about twenty miles from this
mout h of the Appalachicola, ninety
***** and white troops and 200
hoftiie Indians were intrenched.,
with four cannon and seven large
me; tars, all mounted. No jfiipping
was i:i view, and none believed to
be t;v>re.
*A letter from New-Orleans daft**,
the Kith December Rates, that
the enemy are at hand in confi
de; able force Ho has captured aV
our gun-boats in the bay of St.
Louis. We regret exceedingly the
non.a'rival est the Kef tacky and
T’enrtcffee troops; yet our general
atTures us the city is fafe/ 5 ’
CF Should the information,froH.
the MiHiffippi Territory, • that the
Bririffi army had landed and were
marching again ft New-Orleans, be
ts oe, we may daily exp.ict co he a*
cf a very bloody battle having bee£X
h-.'ght—-General Jackson’s force at
Hev/.Qrleans is fuppofecl to be a
bout 17,009 —reinrOrcement.t ar&
fdyan:ing from this Rate and Tffia
nesTee. During the winter the • .-
emy's operations will be chiefly aT
reeled against the Southern (late -•*
the force which has appease: .t
Cumberland Kland may mak ■>%
attempt on Savannah as well at . a
St. Mary’s—The trade between b x
latter place and Amelia Iflanri A
probably ct an end foi the prcfcnS
Cumh rland Iflfmd is orfty a ritt
miles East cl St. Mary’s.
Administrator s Sale
Vi I‘i ■VC Sold.
WcJnefday, the firll ft
January next, at the late reficc 1
of James Russell, decsalbd, in L
coin county.—All the perfpnal pro*
peny of said deceased, confiding of
Hovfes, Cattle, Hogs, and Sheep,
household and kitchen .furniture,
plantation, tools, a quantity of
wheat, with iiurdry other articles
too tedious to mention. Alio two
NEGROES will be hiied for the
enduing year. The terms will bo
made known or. the day of Bale.
SARAH RUSSELL, adm'Xo
BENJAMIN RUSSELL,
January 20. administrator
Admi; 1 istrator’s Sale.
Will be Sold,
J-
Uh Wednesday, the 22nd day
of February next, ar the fuhferibers
house in Oglethorpe county, the
personal property of Robert
deceased, confiding of two likely
NEGROES, by order of the hon
orable Court of “Ordinary of said
county.
R- O. HAYNES, adrffr.
January 20, 1814.
BROUGHT TO JAIL
A
_f ■%, NEGRO fellow who faya
his name'is TOM, and that he be
longs to Mr. Days of Columbia
county—the owner is requested td>
come forward, comply with the law
anti take him away.
POWEL STAMPER,
January ‘2o, ’-815. Jailor*
Blank Deeds
sdt ei eiftjs o/N->
