
Georgia Republican Extra.
Savannah 25th April 1804.
Judge Bowen having ordered the Charge given to the Grand Jury on Monday Last, to be published in the Georgia Republican, the Editor felt himself bound by his duty to refuse the publication, and returned his honor the following reasons for his refusal.
To JABEZ BOWEN, Esq. Judge of the Superior Court for the Eastern district of Georgia.
Sir,
I refuse to publish your charge delivered to the Grand Jury of Chatham County on Monday last, according to your order, communicated to me this day.
Because, any charge from the bench which tends to excite commotion in community, is injudicious, improper, and ought not to be promulgated.
Because, This particular charge is uncommonly fraught with evil, its language disrespectful and inflammatory, and wholly extrajudicia: an extensive range of politics being as foreign to the province of a judge as to the purpose of the pulpit.
Because I approve of the presentment of the grand jury; and, feel is their arbitrary commitment, only a regret that I have not the honour to suffer with them.
Because, your conduct during the present visit for the session of the court, has not added respect to your important office.
Because, the outrage of presenting a pistol in open court, while sitting in a judicial capacity, is degrading to the character of a judge, and argues a degree of impropriety I want words to express.
Because, I am fortified in this resolution by the unanimous opinion of the Grand jury, the bar and the most respected of any fellow citizens, on whom I put myself for support in its maintenance.
With respect,
Your's,
SAMUEL MORSE.
At a meeting of the citizens of Savannah, publicly convened and held at the Exchange on the twenty fifth day of April 1804.
Joseph Clay, esq, in the chair
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Resolved Unanimously, that the citizens of Savannah do highly applaud the firm, dignified and patriotic conduct of the present Grand Jury of Chatham county, for which they have been committed to goal, by Judge Bowen, the Judge of the Superior Court, and that the thanks of the citizens be presented them for their very proper demeanor on the occasion, and that a committee, consisting of John Bolton esq. Edward Telfair esq and Samuel Howard esq, be appointed for that purpose.
Resolved Unanimously, that a committee be appointed to wait upon the several printers in this city, to request in the name of the citizens, that the charge of his honor judge Bowen, to the Grand Jury of Chatham county, should not be printed, that Edward L. Davies and George D. Sweet, esqrs. be that committee.
Resolved unanimously, that a subscription be opened for the support and maintenance of the Grand Jury of Chatham county while in Goal, and for furnishing them with every convenience, and that a committee be appointed to receive the subscriptions and invest the money for their benefit while in Goal, and that Messrs. Richard M. Stites, Joseph Arnold, John I. Gray, Norman M'Cleod, and Samuel H. Stackhouse, be that committee.
Resolved unanimously, That the Representations of this county to the Legislature, be requested and instructed to court themselves to procure a Legislative enquiry into the official conduct of the judge of the Superior court for this circuit, in committing to goal the grand Jury of the county of Chatham, who are institutionally bound to preserve the rights of the People and who in a court of Judicature are their lawful Representatives and also into the other official misconduct of the said Judge.
Resolved unanimously, that a committee of seven be appointed for carrying into effect the foregoing resolution, that said committee be empowered to procure such testimony as may be necessary to substantiate the charges, and that General D. B. Mitchell, and Charles Harris, William Davies, F. T. Flyming, John M. Berrien, Morris Miller and Thomas F. Williams, esqrs. be that committee.
Resoled unanimously, that a committee be appointed to confer with the committee of the bar, upon the most proper measures to be pursued for the discharge of the Grand Jury of Chatham county from their present confinement, and to use every lawful means to procure their enlargement and that the hon. William Stephens, Joseph Clay, Matthew M'Allister, Joseph Miller, and Robert Mackay, esqrs. be that committee.
Resolved unanimously, that the citizens of Savannah view with abhorrence the conduct of Judge Bowen this day on the beach of the Superior Court, and during the sitting of the same, in drawing and presenting a pistol, against a number of the citizens of this place and in using the most indecent and profane language, whereby the dignity of his office and the respectability of this government are prostituted.
Resolved, unanimously; that the proceedings of this meeting be be signed by the chairman and secretary and published in the Newspapers of this city and that a copy be presented the foreman of the Grand Jury, also that extra sheets, thereof be Published this evening.
(Signed.)..........JOSEPH CLAY.
Chairman.
By order of the Meeting
SAMUEL HOWARD Secretary.
A True copy of the original proceeding
SAMUEL HOWARD, Secretary.
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