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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->