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Image 1 of Kentucky gazette (Lexington, Ky. : 1789), December 18, 1801

Part of Kentucky gazette (Lexington, Ky. : 1789)

i . 1 p?. w THE pw" j.'iy'mnfi.i.f ' l'ittj&m'imtYy3!L'j? KENTU-G.K- ''i1' GAZET TE, Y 3 r--t "Tr ?;" r' ItRIDAY, D2cnir;r.-i- 8, - " No. 06. IiE&INGWN: KENTUCKY Printed LEGISLATURE. Debates on Ifr. Grundy's Resolution for establishing CircuitJCourts, continued from our'last. Wcdnefday, November t8 Mr. LOGAN'remarked'that the mod proper way in (which the question before the committee could be decided would be to in veftigate general principlest and to them to thdpoint under conhderation. tie wis much pieafed with the manner in Which the debate had been conducted, and complimented ma Hughes on the good temper he had (hewed, whitih was so favorable to the attainment oftruth4 for Without coolness"and moderation, it was impoiTible that-thCommitteeJhbuldcome to a fair and difpaffionate conclusion. The committee ought to enquire whether the prefeht or the proposed fyftelu Would conduce most to the gerur.il. weal of the country. Weoudit to cltablffh that kind of will be equal to nil dvicrip- tions of men, so that men, whether they be pooror wealthv, may come under the same geYitral princ, pie of the laws. Republican governments ought to be sounded m the affections and loveiof the;! people for thevderive-theiftrengthfrom tlum. 'i'be hws mild not savor one. to the detriment dPanother. But though the1 laws be equal, and the people have the same general lights ; yet is the n of the law be partial ; the people can only be said to have the fhaddw for the fruits of and equal laws with hand. It will never satisfy the people, to hold tip to "them the idea that they have the and laws, when. in their operation they extend to a particulardefcrip-tio- n x men or to a particular part of the country. They may bear it for a while ; and' is the majority be benefitted by it ; they maybe able to keep up the fyitem, for Tome length of time r but it will not do Tor any long period when the red of the people are kept in uneasiness. It will not do to tell the people, that they nii.il pay arid bear an eqifal proportion in tha eipenceoflheinreftor and filperior courts; butyei that tiiey shall not reap the benefit of the latter, but only for the foimer. Will fuc"h language suit a republican government ? It i immaterial whether the fyfterrt be partial initsoriginal principle or in its operation, dr wH theV it be so towards individuals or towards bodies of men and particular parts of the country. The discontent as the people must be the same, and it mdft aniwill in tune break out. Is you vdil!d have your 'people arid hippy, is .viou would hae your government pefmarlent ; let the people see tfut the government bears equally u,)dn them, and that it is sounded dn the solid 'principles of equal ju lice. We are told by the ga'ntleman from Faette, that it is necelfiry to fupporc thisjfincjLof coarts favs,"Rf not confide irt the inferior coufflRand therfore they will go to the federal Court. But fUppjfe you fhuald 5fFer the"m the very belt kind of superior rjourt; will people atadlftanCe prefer them, to the federal court f.Suppofe any pne-o- f our citizens were abotiyp bring agajnttfd citizen of a suit in anotlnr-ftate-Gate would he br'lfj:,nisfu7t in the that itafe court 6r in the court? Cerin the latter. There v711 always tainly be fuppdled 16 be irt a state court, some predelictiop for" its own Hate, and forthj cit'uens thereof. 'A suitor not connected with the state, Will confequehtly prefer bfiriging his cause into a Cduri w'here Again these prejudices cannot operate. will not merely enquire 3 tfbichr couit will Be 'cheapest and mgft convenient to himself, but lteetfije' which w M be im't inconvenient to his advecfa-ry- , and iffjrd him the chance of appeal-in"-t- o some court out of the state. But aftar all, why are we to consult the inte-t1- s so an I convenience of m k'; ? It is rtjt for them that We ihould lei lat", but for our own citizens. This fftem of courts which we now have and whichgentlamen ars. lp fond of, h like the law of primogeniture, This law na le.one.part pf the funYily great md to k6ep up. the Xplentlor & rifh, 1 ft'wo'the family, though the.grcater part finH thereHy be reduced to poverty . Yonr di Inft courts likevsjife give p'e eminence aid diftinflion to some of your ap-pl- y - laws-whic- h 11 r adniini-frratio- e themtare-deltribute- s coh-teu- J feral nan-rifide- nt ts 1 er t sd yy tVn. per annum, paid in advakci tRice-Two-Dolla- Is. the" opinion he rf sound one ; it is no foreign; better for being pronounced by two ludges,, Is it be otherwise ; their joint concurrence in it, does not give it value. " But is ioftead.of concurring, those two LONDON, Oclcber 1 1. judges differ fiom each other ; what advantage thenrefults from there beingtwo? PRELIMINARIES OF PEACE. Nothing is done : delay and vexation are 1 che only ronfequejices. iNor are there, Prelimioaries of Fear-hf,K. ".t. . iiij; sewer appeals with two judges than with' 4.rt i'entir, Republic, ai d his Britannic m lone. Jet it be remembered, hdvpi-p- r jelly, iigned at London pth VenJeJ aster all, that tife present system requires maire, ioth year of the French rebut one judge : in this refpea it Hands public. (Hi O'loher, 1601.) orr the same footing as the proposed one. From the MoNiTEUR.l Bvit it is'fa'id, that good lawyers cannot Jiie.nnt coniul o1 the- french rpnnfci ' 1'c, h, the be bad for Uie numerous courts wji? name of French peopV nil euftundarthe proposed arrangemenT. his the king of the Unued kir.l. But fuppoitng the new i'yltem lo be eftabl dom of Great Britain and Ire!-nbeim) n t .1 .a ' "u ? l ""'""eawitn an equal dd.re of putting , . 1. 'c a deftrucT. vcl "uc a, uc- - fat,n,P lo.tl,e calamitiee rC:i - :V . :"-re e lab hfti ",vJ".y"V""'' mat wnere smere )i war, and-1-- . a.., s bulind ' a. ih&0 w Hp.14.; . ,!,.,. J..j..n. -- -. s"".miui.ruancii ij between the two so regadIefofr not the,r mtereft, as j tions, have appointed for that feltiange the,njes- from th places Uiz. .the firit consul of the P.enchrcpuS where they can maM6pey: and let it lie in the name of th, Fre.uh pCo,le beconlueredwh.-theribe Better to eftj." citifeen Tnr,; Win;.,.,, m. ' ; f,.i "iw, i.nniniiiarv iiiimake It the .wtc- - r for the exchange bin. a which w of French pr.fonersti reltof thelavners tofo lnvt he 'bufine'fs. England, and his Brita'nnic majellv, ; ' lai dr'tobeT6 complailantto them as to make bert Banks jenkinfop, efq. (corn'moniy tne ouuncis follow the lawyers ? called Lord Hawkefbury) one It is agaitrTaid that many appeals and members of his Britannic majesty'sof the writs of error will be the conTequen'ce'of council, and principle fecretferv ns privy, ft,ttjie change! But fhele e,vils may be ow- for foreign affairs--whaster duly . ing to theclerfcs more'than the lawyers, w...i&.,iS Liieir iuu! powers in pionI will be sound that as manv have fdruis. have agreed iorit upon the,f6lWifg gone from the diftri&s as from the quarter preliminary articles; ; ,r ieifiqn courts. Article 1. As'fborias Wp fAfpJimo? As to criminal cases, is it not much nes shall have hpbnlf.f.n&A U J..!CLl'f moi e reasonable that a man should be tried sincere whjre the crime was com- betweenfriendfinp Hall be ,iit.lriT:? in the codnty the French f..nn1,l. mitted, from whence the jury is to be tannic majetl by le,a and iand in every summoned, and from whence probably the part of the w,oHd, greater paYtaf the witnefles, must come ; may immediately and that"ail hoftifftfes ce,fe between the turi thaifthat trie 'accused, and the jury, dnd powers, and between therd nd' their althe wit'jiefLs, should all be carried out of lies refpedivcly, 'ordfe-- s fiiall b'e tran1 the 'county to a distant place ? This plan muted accordingly to'the Aa and Iai.4 case save expence : in many can in no forces with the utmoit difpatc , eachvof cases it hi ftlncreafe it. Let it be fuppo-fetlLcontra&irtg 'paVties eng,girf to giva that a man is accufedof a crime, in the ueceffary pajnorts and, Vaci'i ties o Logan district, some where on this side of accelerate the'arrtval Qf said tfrders.and Ldgan coabty. Hcmiifr, according to the to ensure their execution. It is fut tlier present regulations, be sent down for trial agreed upon, that all o'rtquefts which nay to Logan is convicted be made on the pi iiioiples npon wh ch a decision was made natt of one or the oti.ef & on which an appeal, or Writ of error was he mult be brought all trie way back again, of i.he coritracri'Vr pgVtjes, from e;t,er is it "be in the diiehon to the penitentia- them granted, would lcarrrfroni hence and from or their allW, aster the ratifiv.atb:i ' the decision in the court of appeals, how ry hpufe. of the present preliminaries lhall be re? We are told, indeed, of guards. But gwdedas void, amff ftidll to act in fimllar cales in idCUre. be Piithfully in are not guirds as nettfnary to all our pre- eluded in the MiKitlons wnkh 4r t5 But, says the gentleman from Eayette, fent iails as thevw.ou'd be to'the several take place aster the ratification important and intricate questions are. adof the '' jCounty jails ? Not wPiy that it is an opi definitive treaty. journed to the general cdilrt. A lirnilar nion held by our great lawyers, that alt Arc. 2. HiBrtannVrri-yefinstitution would hive the same effect on loflences are bailable, ex,cept mui'der Opthe ' thi'lrei 'l c a .J . her the propqfcd fyllem. And why Wai the hrltTlegree. Un tre Icore oi esample (tore to the Ffernchr didriclcourt eflabliTied I Certainly be which, wastjfpaken of by' the"gentleman allies, namely, ,td hir'Ciolic H and the Batavian VeutiJlic. cause thenuarter feifion courts were not n"rV-laft'upV tliearunient is clearly againlt fiorrs andcojonldsSctirpUd all th. c it 01 competent! But is it not tampering with hi,n. Fprfurely trTe'exaraple will be more a by the Engli(h"ford&"fr.'the r Oil 't. cf t and impafing upon then unJarftarrd- - striking ifndTiiore operative, vVhe,ii men trial present war, the liihbrbe c tl ings to tell them thatqUaitex feukn.epuiu, is had and the fentCrtce paffed near where island, of Trinidadv and the Dutch p are incompetent, and yet they will do For 'the faCt was- - crsmuiitteu than where fefTions in the ifl'ajid of CWloi, of WhUi the greater parcof the country ? Vs tell it is kntwn only b'y distant report : ' ' ri ui. mthem that three plain, good, honest men His XJIiiaillllC ai EH """" i, would be more diflufed; reserves to himself the donipiete and ei3 are bell to decide, and yet tfiatTt is necef-farit wouldbema Jein the different counties, tire sovereignty. ' ' that some parts of thcountry fh mid inllead of beihg maae in'1 a sew places. Art. 3. The port o'ftlie'C'spe of GH have learned judges. For what purpose The gentleman took a brief view of are these counts established, but to serve some other' arguments ufedhy Mr. Hughes Hoge shall be open Jq the crAitpecce anS rich men in thtold, populous and interior and was decidedly of opinion, that the navigation of the coi?tracrng'parVieXwf?8i counties ? Is iftbe a good and sound prin- advintages of" good government ought to fliall thetein'enjoy the same tfdiaiitagesl Art. 4. The island of Malta, wJttW(9 ciple that diftriql courts ?re neceitary ; be distributed with an dquai and impartidependencies, fliall 'bb evacMatedrnV tfrfe universally, and all al hand, that is a system cannot be the principle applies Enghlh troops and rdft.Or'ed to ThsoMet ouht to lxave didrifl judge?. But men on a certain scale throughout the calculated for the office, cannot conntry, it ought "to be reduced, and of St. Jiohn of, Jerusalem. Wfefctfrb the ie got! IJut why cannot they be got for that jt wottld be better to have one uni- uponabsolute independence of that jflan& the one other" of the conCircuit courts as well as for diftridts i Inconcur--ren- t form judiciary than twotjf almost tracting parties, it fli!albe placed" under deed it is a mere fallal to say th it even 15 junfdictaon of different orders, and the guarantee of 5F tnii'd judges cannot befgottif they should be ana ofthert partial. It Was true, he obfe povVer, to be determined oj tlieidefiniti'Ve wh'o in the general wo aid be equal wanted, ved, that radical changes should not light-' treaty. in point of legal information to the district ly be adopted: but the inconvenience, An. -- . Egypt shall be refto'red to the judges. Eight judgesi'in addition to the the partiality, the oppreffionand the dan Sublime Porte, the territory pofTefiianS prefe it ones, woald make that number ger to the public tranqpility accompanywhereas hut three are contemplated.. In ing the present system,' wefe so great, that of which shall be maintained entirely as ' sat the argument his no force in it." Ttjs the cange was absolutely necefjary to the they were hefore the present tsar: Art. 6. The"territoriesandp"ffeft5onls only intended to confuse the business by t ftabillty of the government and to the of her faithful maj'efty 'shall also be main saying that it cannot be ddne, without enhappinels of t')e people. Before he con' '' ' quiring into the reafqn why it cannot. cluded he noticed what ha'd been said of tained entire.' Art. 7. The French troops'lfnail evaIt is intended the diftriil courts fhoirld be the want of books at the proposed circuit cuate the kingdom of Naples, aSd tile increased several in number; it is there- cburts, and thought it strangely inconfift-enRoman State. The Englifli fdrcYes)harIl fore, presumable the present number of that a learned judge, familiarifed to likewise evacuate Poro Ferrajo,Tand1 gejudges ought also to be ncrea'fed in the the study of fh'e law, fliouldlbS thought innerally all the ports and iila"has'liwhieh same proportion. Hence it is infered tint capable of making a decision without his they occupy in the Mediterranean pr several persons can be had qualified to act bo'oks' at his elbow, and yet that a ' Adriatic seas. ' as diftriiSl ju Iges, in addition to the justice, without education, and Art. 8. The republic of the Sevep number, but not as circuit judges'. juft'emerged rrom the mass of the people, United islands fliall be recognizedby tha It is alledged that two judges will be should be considered as sully competent French republic. in a circuit court- - And yet, does to decide as It were intuitively on legal Art. 9. The evacuations, feffions, an8 one judge constitute a'dfftriJl court ? questions of the greatest difficulty. not restitutions, ftipulatedby thejareferi preDoes rtot ofie j'jdge often decide But (To be continued.) liminary articles, shall be Carried into ext'li's affair of two judges (land ? Dl5 hereby vftrwarp pll prfpn? from having ecution,' in Europe, within' one month'; Let us.fupnpfc that the two judges concur. r .any dsAlingjyith mv wise BETSEY, as Each of them as individuals, hit the same j not fes anfwsrablc for any of her contrafb. I will on the continent and seas of Africa'anU America in three months ; and on'fhe opinion. Is the opinion better besaufe j Hamilton Elliott. continent and seas of Asia ill sis monhtfc it happens to bVprofeffed by two raen.'ii December 2d, 1801. intelligence, counties, wMltl others are hatrafled and the system. But let us atr itend alittleimore minutely to theprefent plan of our Coui'te. And firfi as t6 our 'quarter fefiion courts. Hoivever, the) might have answered at first, it is ven obvioud that they do not nowanfwer the purpose for which they were intended. It can be no reflection on any mad, to say (that he' is not proficient in an abftrufc Tuence which he never studied. Onr quarter feffion justices, haye not made the law their lhidy how then can they be expe&ed to be sit for the office ofjudges ? Law may be compared to the, ices and wickedness of mankind, as medicine id to the infirmities of their bodies. It would be absurd to call on a mart who never lludied physic, to adminifttr without measure, without rule, and without guide, medicine to our different diseases. It is surely the same. in law. Thejudgewho 'has never studied law mut be incompetent 'to legal adjudication. He cannot apply jprincipjes-vvitany degree of propriety,' to the pirtirular principles which present : for he has. ilo themselves lidea of the principles, the measures and Irules by which to apply them. Justice nwtll be"administered one way to one man, ,and on account; perhaps, of tome ilight but uri mpefrtant fludes ordifFdrence, it will headminiftered in another wav to another, man. iHence that very uniformity which gentlemen were so strenuous for, would be destroyed. Indeed it is well known that this i3 the case. Every cine must be sensible that this is the case. The quarter feffion courts will decide oneway on a question before them, and again on a question which depends exactly on the same general principles, decide another way. ' The court decides, but their has no influence- on a court which has 1 hey betore it the very lame principle. decide otherwise. A third court takes a medium Way': and a fourth probably decides differently from all. Hence arises the multiplicity of appeals and writs of error. A man of legal knowledge on the other hand, would decide tfw same in one court as in another, and understanding the jOpprefTed by SODSe Os: REPRESENTATIVES. same-right- by JOHN BRADFORD, (On slam Street-- ) --- 1S01. 5 deci-fio- - d, Z( ', . CSuZr " T. " o- ., hnmm.i , re - ..'...' '" t . H o . -- n - d c court-houfe,thqu- t ru - O'lie ivt-'grtc- !? in-n- ,i ., rtn-on'- -: Jium-mny- a Tl y sup-port- of-'th- and'fh-ote'ctio- '- t, quar-ter-feffi- pre-se- nt how-dbe- n 1 nun .gun J 5

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