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Volume I.]
PUBLISHED (WEEKLY) BY
JOHN K. M. CHARITON
Price , Three Dollars per annum—
j Payable half in advance.
p 3 The Washington Aca
liy will be opened on the firft
| of January next, under the
l&ion of Mr. Dickson, a young
lleman of unexceptionable cha
v, whose talents and capacity
well as cannot be disproved.
■MS asufual.
Wiington, 14th Dec. 1815-31.
jpE whoie^ mes are herewith
P?/ibed, importance
fcaking forne towards
|>ing the great
■age Bills, in as much
Is and other disadvantages arA
Rfrom, have come to the fol-
Ing resolution, viz. after the
11 January, 1816, no Change
h will be received at our (fores
ihopis, in exchange for goods, or
■H payment of debts, &c. Andfor
mhe strict observance of this agreement ,
wive pledge ourselves to each other
| We invite our sister towns to imi
mate this example
I AH. GIBSON,
L WARE & STONE,
i T. W. SIMS,
r Geo RUDDELL & Co
s W. ROBINSON,
DAVID BOREN,
. S FISK,
WILLIAM GRANT,
J. WINGFIELD,
* JEREMIAH LOBDELL,
“ Sam’l SMYTH,
ISAAC LANGDON,
BOLLING ANTHONY,
JOHN DYSON,
THOMAS ANDERSON,
GILBERT HAY.
Ni B. It is housed that the
of the Washington change
Bairn will shortly convene , and take
into # \nsider at ion the propriety of
calling in their Bills. —Where there
is neither President nor Cashier to a
Biink, it is in a blue way !
Dec. 13, 1815. 49-6 t
WE have no speculation in view
Tfiiiing'Tmr Change Bills—the
convenience arising therefrom to
curfelves and others, as a circula
ting medium of change is the only
object, and if our firm is cotifider
ed good, certainly our due bills of
& an hundred cents fhoufd
be'ffifidered valid — Had we wish
ed \ speculate on the publicity by the
wear and waJe of our bills , it would
have been better advised in us , to
have issued bills on paper of less du
rabibty, as the present ‘is of the best
materials— The fact is, they are no
thing more than due bills payable
on demand, nor do we vvifli their
circulation farther than suits opr
Immediate objed ; and we feel hap
py In the belief, that their validity
wifl\be duly appreciated where it is
zvislyid it should.
Wm. BEARING, & Cos.
Dec. 13. 4<J-tf
L For sale at this office, the fol
towing blanks.
1’ BLANK INDENTURES,
BLANK DEED*,
sh MARRIAGE LICENCE’S,
AOMIN IS TR A TOR’S BONDS,
liUfiPCENiES, EXECUTIONS, &c.
THE FRIEND AND MONITOR.
WASHINGTON, (Gfco.) FRIDAY,
Planter’s Bank Stock,
FOR SALE.
TWO thousand SHARES, be
ing the number unfubfaribed for,
in the (lock of the Planter’s Bank
of the State of Georgia, will be fold
to the highest bidder, on Saturday
the 30th day of December next, at
the Banking-House in Savannah—
Not less than Five nor more than
Ten Shares will be put up together;
and fifty dollars on each (hare with
the advance bid thereon, will be- re
quired to be immediately paid down
in specie, bills of this bank, or of
the bank of Augusta.—Sale to
commence at 11 o’clock.
j. Marshall, Cashier.
Nov. 30. 4 9 -3 t
SENATE CHAMBER.
_ , Milledgeville Dedr 6, 1815.
* n - : undersigned wishing, that
their feh^ w . c j t i zens (hould kri ov *’
the grounds which they vojtcd
against the refoiunon of the Hofcfe
of Representatives, denying she
right of the Judicial department to
decide on the coflftitutionpiity of
ails of the Legislature, on this day
tendered through the medium of
the Senator from Chatham, the
Protest which *5 here published.
Mr Charlton, r,f e j a hi s place,
and informed Mr Prudent, that
he had in his hand a paper
ing to be a Protest against cerbn*
proceedings of the Senate, which
he moved might be received and
read. Mr. C. insisted that his mo
tion involved a question, and that
therefore he had a constitutional
right to demand upon it the yeas
and nays. It was objeded, that
the motion of the Senator from
Chatham was not in order, and
that a Protest was not authorifed
by the rules of the Senate—& that
this point might be decided, Mr.
Daniel moved the following reso
lution : “ Resolved, that it is the
sense of the Senate, that it is not
in order to enter a protest on the
Journals of Senate, and that it is
not authorized by the rules of the
Senate, or the Conftitution—there
fore, a motion to enter a Protest is
out of order ” —Mr. Milton-moved
to amend the resolution by insert
ing “ except the one from the ho
norable member from Chatham.”
Mr. Kuight moved the previous
quelhon, which being carried, the
Resolution of Mr. Daniel was a
greed to —yeas 18 nays 16. This
it is believed, is the (hort and cor
rect history of the proceedings ©f
Senate on the motion of the Sena
tor from Chatham to introduce
the Protest.
A motion was made the next
day to reconsider the minutes so far
as- Related to Mr. Daniel’s resolu
tion & in support of it, Mr. Now
lan read a Protest entered on the
Journals of Senate in 1808, which
he conceived established a prece
dent, and completely refuted t! -as
sertions of the resolution of Mr.
Daniel, “ that it is not in order to
enter a Protest on the Journals —
and that it was not authorized by
the rules of the Senate.—“ Mr
Milton also moved the following
resolution : “ Resolved, that the
Protest of many of the members of
Senate, again to the resolution of
the House of Representatives, con
curred in by Senate, denying the
ridat -q( the Judiciary to decide up
orr the* conftituticnality of Kws,
palled hy the Legislature, be j>ad
and entered upon the Journals
Senate.” Mr, Hudfpeth moved
that this resolution lie upon the ta
ble for the balance of the feffion—
yeas 18, na\s 16.
It thus appears that every effort
to communicate the Protest thro*
the channel of the Journals, was
defeated by a’ vote of the majority ;
and this the undersigned hope will
offer a fufficiem apology for its
publicity in this. form.
The undersigned is fubmittirrg
to the view of their fellow-citizeffS,
the reasons whfoh induced them
to vote againft'tfie resolution of the
Iloufe of Representatives, feel a
proud coftfcioufnefs that they have
difeharged a duty which they owed
to their comtry, the Constitution,
and themfelies.
The undifigned are solemnly
impressed wijh the belief, that upon
the preservation of diftin£flfvenefs
of the feveril departments of the i
government as eftablilhed by the
Gonftituvion, depends the dearest
rights and privileges of the peo
ple •, and that that diftindivenefs
cannot be preserved, if the Judicial
department is robbed of the p<%wer
it legitimately and cqnftitutionally
possesses, to check the ulurpation
of Legislative authority.
U it does not pofflfs this power —
if it is not the essence of judicial
duty—we’ would refped fully a(k
you, fellow-cftizens, v/hat is the
material diftih&ion between the
omnipotence of a British Parlia
ment, and the supremacy claimed
for the General Assembly of this
(late in the resolution of the house
of Representatives ? We cannot
perceive any material diftindion,
and therefore voted, and, with those
absent, nor protest, against the re
solution of the house of Represen
tatives.
When the feelings excited by
the decifitin of the Judges (hall
have fubfnlSed, and sober refledion
is fuffered to infufe itfelf into future
difeuflions on this important and
interesting subjed, the undersigned
will then have the gratification of
difeovering, that their condud is
approved by every intelligent pat
riot of the state.
The undersigned have this con
solation now—-that they have been
“ faithful to the Constitution.”
THE PROTEST.
The undersigned, members of
the Senate, Protest against the res
olution of the House of Represen
tatives, agreed to, and concurred
in by this branch of the General
Assembly, wherein the power and
right of the Judicial department to
decide on the constitutionality of
ads of the Legislature, is denied.
The undersigned are diffentient
for the following reasons:
Ist. Because, the denial of the
right of the Judicial department, to
decide on the constitutionality of
ads of the Legislature, is confering
on the General Assembly of this
State the omnipotency of a British
Parliament, and destroys the con
ftitutional diftindivenefs of the dif
ferent departments of government.
2d. Because, it is a dangerous
and mistaken idea, and calculated
to subvert the principles of repub
licanism, that the Legislature is the
Creator of the Judicial department,
and therefore superior to it:—lt is
a dangerous and mistaker f impref
*ion, because the coequality of the
diferent departments is clearly and
unq*eftionably afeertained and ef
tabiifhed by the Constitution.
3d Be oufe, if it is not the es
sence of Judicial duty to declare aa
*d of the Legillature unconstituti
onal, if it be unconstitutional, there
is then no legitimate check upon
legislative tyranny and usurpation,
and the dreadful alternative is pre
sented—a recourse to popular in
furredion, or a fqrvile obedience
and fubmiflion to the unconstituti
onal tdid.
4h. Because, the Resolution a3
! agreed so, ck/v.® m?i eonvey the o*
. pinion of a majority of the present
General Assembly, it being well
known that if the whole number
of members of this branch had at
-1 tended and voted, the resolution
! would not have passed.
MATHEW TALBOT,
Senator from Wilkes county .
EZEKIEL E. PARKE,
Senator from Greene •
JAMES BLACKMON,
Senator from Scriven,
ANDREW BIRD,
Senator from Bryan .
val, walker,
Senator from Richmond.
Thos. U. P CHARLTON,
Senator from Chatham .
ROBERT FLOURNOY,
Senator from Montgomery.
GEORGE G NOWLAH,
Senator from Effingham .
WILLIAM BYNE,
Senator from Burke.
WILLIAM RABUN,
Senator from Hancock.
Thos. A. HAMILTON,
Senator from Jones.
MARTIN HARDIN,
Senator from Tat nail.
JAMES WARE,
Senator from Morgan.
HOMER V MILTON,
Senator from Jefferson ■
JOHN A. CUTHBERT,
Senator from Liberty.
DAVID HUDSON,
Senator from Elbert.
I was absent when the vote was ‘
taken, but cheerfully fubferibe this
Protest. Wm HARRIS,
Senator from Telfair.
I difTent to the resolution above
alluded to, because, I do verily be
lieve, that it would be impolitic
and dangerous to divert the Judici
ary department of the right to de
cide upon the conftitutionahty of a
ny law, upon which it is their pe
culiar province to decide. At the
fame time, it is my moft thorough
convidion, that whenever it is made
the duty of that department to give
an opinion upon a law, involving
general interest, and public sensi
bility. which opinion would be in
conflid with an ad of the Legifla
ture —justice, prudence and delica
cy, would didate a suspension of
fuen opinion—allowing a reafoiu
ble time for accommodation be
tween the departments ,
FRED: ERE MAN,
Senator from Baldwin.
[No. 50.