The Friend and monitor. (Washington, Ga.) 1815-18??, December 22, 1815, Image 1

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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.