Augusta chronicle & Georgia gazette. (Augusta, Ga.) 1821-1822, August 29, 1822, Image 2

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i£t)vonfrJf» $ PCBIISIItD IIY BENJ. T. DUYCKISCK, For the Proprietor* \J ml yd ftifttss 1 Laws. (By Authority.) » [PUBLIC ACT.] An ACT authorizing the Payment of certain Certificate*. BE it enacted by the Senate and House of Iti-piesentxlivcs of the Uni ted‘Stales of America in Congress as sembled, That so much of an Act, enti tled “ An Act making further proviso it fur the support ofpublic cre*Ul and for the redemption of Lite public debt,” pa-sed the third day ot Match one thou sand seven hundred and ninety-five, and so much of the Act, entitled “ An Act respecting loan oilier and final set tlement certificates indents ot interest, and the unfunded and registered debt, credited on the InToks of the treasury,” passed the twelfth day of June, one thousand seven bundled and ninety eight, as bars from se'tlemcnt or al lowance certificates, commonly called InarWmlice and final sOli lenient certifi cu es, anil indents of interest, be, and tlui sa me is hereby, suspended for the terin (-('two years from and after the passing of this act, andfrom thence un. til ihe ettlU of the next session of (Jon gross; a notification of which tempora ry suspension of the act of limitation siiail be published by the Secretary of the Treasury, lor tht; information o( the holders yd the said certificates, in oiu- or more of the public, papers in taebo* the United Suites, jrw Sec. 2. .hid be it further enacted, Ilia*, all certificates, commonly called loan otlice certificates, countersigned by the loan ofiicers of (lie states, respectively, final settlement certifm Ues, and indents of interest, v hidi, at the time of pass inf tins ant, shail he outstanding, may be presented at the Treasury ; and, dp on <he same being liquidated and ad justed, shall he paid to the respective holders of the same, with interest at six per cent, per annum, from the date, of the last payment of interest, us en dorsed on sunt certificates S- c 3. dltid be it further enacted. That fur carrying this act into edi ct, the sum of fifteen thousand dollars be appropri ated, out of any moneys of the Tress , ry if the United Stales not otherwise appropriated PHU IP I*. BAHBOUU. Breaker of the House of Kriirpipnlattvrt, ■ UN (. MM. MU), President of Hie Keimie pro tempore Wasldiißlon, May 7,1 Ssi.—Approved, JAMES MONI.OE iwmmmmmmmmmmmmmmmmmrnmmmmmmmmmm From the Virginian, (.Jkvti.emrn — l was sorry to ob serve iu your first No. of the Virgin ian. that there was no corner set a part for the Fort. —Pray don’t be so selfish—And as a subscriber to your paper, 1 take leave to copy the fol lowing Midnight Stanzas from the Belfast News Letter of Sept. 181 i>. Your obd’t. servant. Ah Mary, why prolong thy slay f Tin- midnight pale sighs thro’ibv bower ; Each twinkling >lar now hastes away, And raven* scream from ivy'd tow er. Oomr my nveel lute, and ease my cair, The midnight damps assail my head . H ill thou my thoughts of anguish shale, Since from my Mary's dreams I’ve fled. Bm slmnhor gently on thy pillow, Im onslaul Mary I Come not now PH lay me down beneath (his willow, Aid drowsy sleep shall seal my brow. Come not—Since dew s have chill'd my hrea.-i, T would not <hunp thy glowing ohm ms, Till morning davvnsl hero will rest, And dream thou slamb’resi in my arms. The eghmiinc is wet with weeping, And sadness hangs on every (lower, And fickle Mary, then arl sleeping While I am sighing in ihy bovver. Came then my lute, i»nd share with me, In midnight stealth uiv bosom’s woes— lender lute I I'll sigh to thee, Since faithless Mary lakes repose. Official Accouut Os the fate intended Insurrection among a portion o f the blacks o f the City o f Charleston. On Thursday, the 30ih of May last, about 3 o’clock in the afternoon, the In tciulant of Charleston was informed by a gentleman of great respectability, (who that morning had returned from Die country) that a favorite and-coiili dential slave ot his had communicated to him, on his arrival in town, a con versa*ion which had taken place at the market on the Saturday proceeding, be tween himself and ahlackman; which affords Hrong reasons tor believing tha* a rovolt and insurrection were in con temptation among a proportion of our black population. The Corporation whs forthwith summoned to meet at 5 o’- cW-k, for the purpose of heating tlv narrative of the slave who had given this information to his master, to which meeting the attendance of His Excel lency was solicit, d p with which invita lien he promptly complied. Detweei however, the hours of 3 and 5 o'clock, the gentleman who had conveyed tlu information to the Intendant, having again examined his slave, was induced to believe, that the negro fellow win nail communicated the intelligent:* of the intended revolt to the s) a'e in ques tion belonged to Messrs. J- & D- Haul, Broad street, and resided in their pre . mises. Accordingly, with promptitude worthy of all praise, without waiting forlhe Interposition of the civil autho rity, he applied to the Messrs. Paul’s and had the whole of their male- ser vants committed to the Guard House, until the individual who had accosted the slave of this gentleman, on the oc casion previously mentioned, could be identified from among them. On the assembly of the Corporation at five, the slave of this gentleman was brought before them, having previous ly identified Mr Paul s William as the man who had accosted him in the mar ket. he then related the following cir cumstances ; “Tin Saturday afternoon hist (my master being out of town) I went to market; after finishing my business, I strolled down the wharf below tbehsb market, from which I observed a small . vessel in the stream with a singular flag; whilst looking at this object, a black man, (Mr. Paul's William) came up to me, and, remarking the subject which engaged my attention said 1 have often seen a flag with the number of 76 on it, but never with 96 before. Af ter some tufting conversation on this , point, be remarked with considerable earnestness to me—Do you know that something serious is to take place ? ’ To which I replied no —Well, said he, there is, and many of us are determined to right ouraelves! I asked him to ex -1 nlain himself—when he remarked, why. we are determined to shake oft our bondage, and for this purpose we stand on a good foundation, many have joined, and if you will go with me, I will shew you ilieman who has the list of names, who will lake yours down—l was so much astonished and horror struck at this information, that it W'as a moment or two before 1 could collect myself sufficiently to tell him that I would have nothing to do with this business, that 1 whs satisfied with my condition, lint I wan grateful to my master for Ins kindness, and wished no change —1 left him instantly, lest if this fellow af terwards gut into trouble, and I had hern seen conversing with him, in so public a placet, I might be suspected and thrown into difficulty —1 did not how ever, remain easy undci the burden of such a secret, ard consequently deter mined to consult a fee man of color named , and to ask his advice On conferring with this friend, he urged me with great eurnesiness tocoinumm ) ,cate what had passed bitvfecn Mi Paul’s mu and myself to my master, and not to lose u moment in so doing.* I took ids advice, and not waiting, even for the return of my master to town, 1 mentioned it to my mistress and young muster On the arrival of my master, he examined me as to what had passed, ami I s ated to him what i have men tioned to yourselves ” On this witness being dismissed from the presence of council, the prisoner ( William) was examined The mode resorted to in this Xaimnalion was to .ilford him no intimation if the subject of (he information which had been lodged against him, as it was extremely desirable in the first place, to have the testimony of the other witness corrobo rated us to lime and place, that, from the confessions of the prisoner himself, it might appear that he was at the fish market at the period stated, and that a singular flag, flying on board of a schoo ner, hud formed the subject of his ob seiva ion. After a vast deal of equivo cation, he admitted all those facts, but when the rest of his conversation was put home to him, he flatly deni.d it, but with so much obvious indications of guilt, that it was deemed unwise to dis charge him He was remanded, for the night to the Guard House, it having been decided to subject him to solitary coiifinemcnt in the black-hole of the work house, where on the succeeding morning, lie was to be conveyed. On lh. morning of the 31st he was a gain examined by the attending warden til the guard house (having, during the night, made some disclosures to capt. Dove) on which occasion he admitted all the conversation which he bad held at the fish market, with the witness be fore mentioned, and slated that be had received his informafiun from Mingo Hartlt, who was in possession of the muster roll of the insurgents. With the hope of still further disclo. sures William was conveyed to the work house and placed in solitary confine ment. The individuals (Mingo Harth and Peter Poyas) against whom he gave information, as those who hud commu nicated to him the intelligence of the plot for raising an insurrection, were forthwith taken up by the wardens and their trunks examined. These fellows behaved with so much composure and coolness, and treated the charge, alledg ed against them, with so much levity— (no writings being found in their chests, containing the smallest suspicion, ex cepting an enigmatical letter, (■ which was then too obscure for explanation, and to which consequent events only af forded a clue) —that the wardens, Messrs. Weanerand Condy, were com pletely deceived, and had these men discharged. One of ibese (Peter Poyas) proved afterwards, as will ap pear in the sequel, to be one ot the principal ringlcadera in the conspiracy, on whose courage and sagacity great re fiance was placed. Council being still under the convic tion that William Paul was in posses sion of more information than he had thought proper to disclose, a commit, tee was appointed to examine him from time to time, with the hope of obtaining further intelligence. Although Peter k Mingo had been discharged, yet it was deemed advisable to have them watch ed, sod consequently spies were em ployed «f their own colom for r his pur pose, in such a manner as to give advi ces of all their movements. Things remained in this state for six cr seven days, until about the Bth of bine, when William, who had been a ■* eek in solitary confinement, and be ginning to fear that he would soon be led forth to the scaffold, for summary ’ Neculion, in an interview with Mr. Na •tier, one of the committee appointed II examine him, confessed, that he had f>r some time known of the plot, that “ very extensive, embracing an in- discriminate massacre ofthe whites, and , that the blacks were to bq headed by an individual, who carried about him ■ a charm which rendered him invulnera ; ble. lie stated, that the period fixed for the rising, was mi the second Sun ; day in June. This information was without delay conveyed to his excellcn ,oy the governor,and council f rthwi'h I convened.—Whatever faith we might have been disposed to place in the on s supporterl and equivocal testimony of Wiliiam, it was out conceived to be a i case in which our doubts should influ > ence our efforts for preparation and - defence. Measures were consequent ly promptly taken, to place the city puard in a state of the utmost efficien cy. Sixteen hundred rounds of ball cartridges weie provided,and the cen finds and patrol ordered on duty with i loaded arms. Sdch had been our fan cied security, that the guard had pre i viously gone on duty without muskets, I with sheathed bayonets and bludgeons • Three or four days elapsed, and not i withstanding all our efforts, we could obtain no information of the disclosure l of William, on the contrary, they seem ed to have sustained invalidation from I the circumstance of one of the individ ■ uals(Ncd Beimel) whom he named as s a person who had information in rcla • tion to the insurrection, coming volun- I tary to the Intemlant, and soliciting an ? examination, if he was an obj. cl of sus , picion In this stage of the business, it 1 was not deemed advisable prematurely • to press these examinations, us it might . have a tendency to arrest any farther ' developments. I On the night, however, ofFriday the i Uth, the information of William was amply confirmed, and details infinitely i more abundant and interesting afforded. 1 A' 8 o’clock On this evening, the In tendant received a visit from a gentle man , who is advantageously known in this community for his worth and res pectubilitv. This gentleman with an anxiety which llu occasion was well calculated to beget, stated to the Intemlant, that, having the most unbounded c >nfi ien e in a faithful slave belonging to his fami ly, who was distinguished alike for his uncommon intelligence and integrity, he was induced to inform him, that ru mors were abroad of an intended in surrection of the blacks and that it was said, that this movement had been tra ced to some of the coloured members of Dr, Fulmer’s church, in which he was known to be a class leader. On being strongly enjoined ip conceal no thing, he the next day, Friday the 14'h, ■ came to his master, and intormed him, that the fact was really so, that a publilc disturbance was contemplated by the blacks, and not a moment should be lost in forming the constituted authori ties, as the succeeding Sunday, the 10th, i at 12 o’clock at night, was the period fixed for the rising, which, if not pre vented, would inevitably occur at that hour- This slave, it appears, was in no degree connected with the plot, but he hud an intimate friend, A— (one of his class) who had been trusted by the conspirators with the secret, and had been solicited by them to join their as sociation ;to this A— first appeared to consent, but on no period absolutely sent in his adhesion, Accm ding- to the statement which he afterwards made himself to the Court, it would seem that it was a subject of great regret and contrition with him, that he bad ever appeared to lend his approbation to a scheme so wicked ami atrocious, and that lip sought occasion to make atone ment, by divulging the plot, which on the. 14th he did, to the slave of the gen tler an in question, his class leader.! This gentleman, therefore mention, ed, that his servant had informed him that A—s had stated, that about three months ago, Holla, belonging to Gover nor llennett had communicated to him, the intelligence of the intended insur rection, and asked him to join—“ That he remarked, in the event of their rising, they would not be wi’hout help, asthe people of St Domingo and Africa w'ould assist them in obtaining their li berty, if they only made the motion first themselves.—That if A— wished to know more he had better attend their meetings, where all would be disclo sed." After this, at another interview, Kolia informed A~, that “the plan was matured, and that on Sunday night (he 16th of June, a force would cross from James’ Island and land on South Bay, march up and seize the Arsenal and Guard House, that another body at the same time would seize the Arsenal on the Keck, and a third would rendezvous in the vicininy of his master's mills They would then sweep the town with fire and sword, not permitting a single white soul to escape." As this account was remaikably coin cident with the one given by William, (Mr. Paul’s slave) as the witnesses could have no communication, or the story have been the result of pn concert and combination, the sum of this intelli gence was laid before the Governor by 9 o’clock, and by 10 o’clock the field officers of the regiments of the city mi litia, convened by his Excellency’s or der, at the residence of the Intemlant On this and the succeeding afternoon, at another meeting of the same individ uals, such measures were determined on by His Excellency, as were deem ed best adapted to the approaching exigency of Sunday night. On Sunday the 16th, at 10 o’clock sj night the following corps were ordered to rendezvous for guard— Capt Cattel’s Corps of Hussars, Capt. Miller’s Eight Infantry, Capt. Marlin dale’s Neck Hangers, Charleston Rifle men, and City Guard. Tlte whole were organised as a de tachment and placed under the com mand of Col it. V. Hayne. Although there was necessarily great excitement, and among the female part of our com munity much alarm, yet the night pass ed off without any thing like commotion or disturbance, and its peculiarly hon orable to the corps on service, that in a populous tow n, streets filled until a lute hour with persons unceitain whe.her it was safe to go to rtst or not, noi a single case of false alarm wis excited. A steadiness altogether praise-worthy, in troops unaccustomed to guard dun . at least on an occasion involving such deep interest and dis Messing anxiety The conspirators finding tfie whole town encompassed at 10 o’clock, by the most vigilant patrols, did not dare to show themselves, whatever might have been their plans. In the progress of die subsequent investigation, it*was distinctly in proof, that but for these military demonstrations, the effort would unquestionably have been made j :but a meeting took place on Sunday afternoon, the 16'h, at 4 o’clock, of several of the ringleaders, at Denmark Vesey’s, for the purpose of making their preliminary arrangements, and that early in the morning of Sunday, Denmark despatched a courier, to order down some country negroes from Goose Creek, which courier had endeavored in vain to get out of town. S t development of the plot having been made on Sunday night, and the period having passed, which was fixed on for its explosion, it now became the duty of the civil authority to take im tmdiate steps for the apprehension, commitment, and trial of those against whom they were in possession of infor mation. Council was accordingly con vened, and as a preliminary measure, it was deemed expedient, that a Court ol the highest respectability, for the tal ents and integrity of its members, should be assembled, and that, whilst, the requisitions of the Act of Assembly, of 1740, should be stiictly complied with, in devolving the warrant of sum rnons on the Magistrates; the Corpora tion saw no impropriety in affording these officers a list of such names of Freeholders, as they knew would me : in a pre-eminent degree the public ap probation ; and to these persons private letters were written by the authority of Council, strongly soliciting their ac ceptance of a trust, involving indeed ♦he most irksome labor, as well as 'll deepest responsibility. In conformity with these arrangements, the following Court was organized on the evening of the 17th : Maoistrates —Lionel M Kennedy, & Thomas Parker, Esqrs. Freehold'Tt. Colonel William Dray ton, Nath’l Heyward, J R- Pringle, James Legare, It J. Turnbull, Esqrs. Cotemporaneously with the organ! zation of this Court, a Committee of Vi gilance and Safety was appoined from among the Members of Council, to aid the Intendant in the execution of the laws; to co-operate with him dur'ng the recess of Council, in all those mea sures necessary for exploring the caus es and character of the existing distur bances and bringing to liglr and pun ishment the suspected and guilty How ably these functions were discharg ed by this Committee it is not befitting the occasion nr the circumstances under which this publication appears to dwell Their generous devotion and unremit ting assiduity to the public interests and safely, are left to the mote appro priate appreciations of a community that witnessed their labours. This Committee consisted of Messrs. Weaner, Napier, Condy, Burger, and Simons, and were zealously sided by the rest of the Wardens; and for its service, four of the most ac'ive, intelligent, and con fidential non-commissioned officers of the City Guard, were detached as Po lice Officers, to aearch suspected places, and to apprehend those for whom wat rants might be issued. This Commit tee commenced its labours on the night of the 17th, and during the ensuing twenty-four hours, the following slaves were committed Holla, Batteau, Mat thias and Ned, the property of the Go vernor Bennett; Mungo and Peter, the property of James Poyas; Amhurst.the property of Mrs. Lining,- Stephen, the property of T. R Smith ; Richard and John, the property of Jonathan Lucas. On the morning of the llhh of June, the Court of Magistrates and Freehol ders assembled at the Court House, were sworn in, and proceeded to the arraignment of the above prisoners for trial. Who were charged “ with at tempting to value an insurrection “among the Blacks against the Whites .” In or der that the public may understand the offence as defined in the Act of 1740, tlieclause, at length, will be found in the appendix, marked (A.) Before we proceed to a brief (and it necessarily must be very brief) abstract of the testimony offered in tlie cases brought before the Court, it may not be unimportant to observe, that, previous 'o their proceeding to the painful in vestigation with which they were charged, they laid down a variety of rules for their government, all of them subservient to justice as well ns human ity- li the first place, it was decided, that the testimony should be regulated by those established rules of evidence, which are elsewhere found so important in the exposition of truthj tnat no slave should he tried but in the pre sence of his Master or his Attorney; that the ♦eslimony of one witness, un supported by circumstances, should lea 1 to no conviction involving capital punishment, and that the statement of the party himself, should be heard in explanation of such particulars, as seem ed most inculpatory. THE COURT. Being thus organized, they proceed ed to the trial ot Uoila, the slave of Go vernor Bennett:— Jacob .l.rson, Esq. atlemling as Attorney if his master. It was proved, dial Kolia, bad con fessed to two persons, both of whom were examined by the Court, that he belonged to the conspiracy, and with one of these witnesses (h:s friend) he used every effort to induce him to join in tiie insurrection, which Holla stated was to take place on the night of the 16-hol June.—Finding that this fmnd (the witness in question) would not join Hie association, lie urged him to go out of town on Sunday night, lest some harm should come to him. Holla re presented himself as the commander of the Force winch was to redezvous in the vicinity of his master’s mill’s, and expUm to the witness hilly the order of :u.,ack ; the division of the forces; and said, “that his troops, in their wav into •own, would fix his Old Buck (his mas ui) and the In endant.” On being ask ed whether it was intended to kill the women and children, he remarked when we have done with the men we know what to do with the women.—On this testimony Rolla was found guiltv, am: sentenced to be executed on the 2d of July 5 Batteau was next tried— I‘ was proved tha.l Batteau confessed to two persons (both of whom were in troduced as witnesses’ that he belong ed. to the conspiracy and made efforts to induce them to join in the rising, by representing the extent of their prepa rations, and die.probability of their suc cess.*' He stated he was to head a par ’ ty near Canon’s bridge, and that be ex pected aid from the country. —More than one interview took place between Batteau and the witnesses on the sub jects; the last, on the Sunday fixed for the insurrection, on which he re newed his solicitations that the wit nesses should join him. —Batteau was found guilty, and sentenced to be exe cuted on the 2d of July. Stephen, belomring to Thosll. Smith, Esq. was next brought before the Court, but the testimony being deemed insufficient, and indeed, the Court, be ing satisfied of his innocence, directed his discharge- Peter the slave of Mr. James Poyas, w r as next tried. It was distinctly in proof, agains' Peter that he had made great effnrts to induce others to join in the insurrec tion; and the testimony represented him qmte in the character of a chicit in or leader, for which his boldness and sagacity unquestionably qualified him, —He appeared from the testimony, to have emi loyed uncommon pains to re move all the objections arising in the minds of those whom lie attempted to enlist, as to the probability of the sue cess of the effort, And spoke with great confidence of the succors which w.re expected (rom San Uim.ngo It was strongly to be inferred, from all the witnesses stated, that the difficult and dangt rous sally of endeavouring to car ry the Main Guard House was to have been confided to him, fir he particular ly acquaint d one of the witnesses w ith the combin tlon of stratagem and force with which he proposed to accomplish this object. Peter was found guilty on this testi mony, and sentenced for execution on the 2d of Julv f (~To be Continued. J * It would be a libel on the liberality and grati tude of this community to suppose that this man cun he overlooked among those who are to be rewarded for their fidelity anil principle. t The purport of this letter will be seen by refer ence to the trial of Abraham Poyas. { Most of the black religious communities in this placets re divided into classes, over which a leader is placed, having the confidence of the Pastor of the Church. §This witness gave the information under pledge, that bis name should not be devulged. T I'he following ,\ote appears on the Journals of ih*e Court. in relation to the trial of Ri 11a—'‘Five witnesses were introduced and examined in the behalf of Holla, hut so far from impeaching the credibility of the witnesses against him they rather supported it.” CRUISETOF THE HORNET. NORFOLK,AUGUST 13. In yesterday’s Beacon we an nounced the arrival, in the Bite of Craney Island, of the U. S. ship Hornet , Capt. R. Henley, from a cruise after Pirates, in the West- India seas. We have conversed with Capt. Henley, who has been permitted to come up to town since our last paper went to press; the state of his crew being generally healthy, 15 of the Hornet's men hifve been very sick, but are now all convale scent, and only 11 remain on the Doctor's list—that of Midshipman Myers is the only death that has occurred on board since the ship left this port. 'i'he Hornet sailed from Havana on Sunday 4th inst. having under her convoy three brigs and a sloop, for ports of the United States, names, &c. unknown, and parted with them at different times. The French Slave Brig re-cap tured from the Pirates by the Hor net, was released by Capt. Henley to the agents at that port, on re ceiving nearly SIO,OOO in doubloons as salvage. Capt. H. considering it more consonant with humanity to, accept of this sum, offered by the agents of the brig, than to send her 1 to the United States for adjudication, its the latter course would, in ail probability, be attended with a great sacrifice of human lives, from the number of Slaves on board.— The Captain of the brig had pre viously offered $ 17,000 to (he Pirates as a ransom, but they re fused to accept it, expecting, no doubt, to extort a larger sum.— Capt. H. had n''t heard of any act of piracy, subsequent to that com mitted on this brig, although the Coast ol Cuba swarmed w ith these desperadoes, who managed to elude the utmost vigilence of our cruisers. We learn from an officer of (he Hornet , that a very ftvorable im pression had been made at Havana, by the respect shown to the Reve nue laws of that Island by Capt Henley, in asking permission to take on board the salvage money, a courtesy not usually paid by Britisi) and other armed vessels. 'l’he permission was very promptly giv en, with a suitable acknowledgment of the respectful sentiment tii.it had dictated the application. 1 lie British naval force in the West- India seas is represented as quite respectable, but they are too profitable engaged in transporting money from port to port, to attend to tlie acts of piracy committed even on their own commerce. Their conduct in this respect had excited much dissatisfaction, and it was said representations on the subject bad been made to Lloyd's , with a view of their being communicated® government. The Hornet, we learn, willA. up to-day, to her old anchors-® ri own Pujnt. 'W TO THE EDITOR OF THE ( np„7J Mr. Editor , |S As the Chronicle has 1W n ® willing vehicle of all coinimi,ij c ®j tending to inculpate HisL.v n j® the Governor, and as you | mV( ® raised to give ready admission cry “ defence,” —I hope von will think me incorrect in claiming*, performance of vour promise ®” serting in the Chronicle an a’ti® defence ol the Governor, whirl® peared in the Advertiser of this® ning, under the signature of Su® A friend of the GomjJ and of the EersectiiM August 28. ® FROM THE GEORGIA AIIVERU^ J It was not my intention to no!i (e ® strictures and animadversions whl late exercise of authority on the - u B Governor Clark would natural!,- ® forth from his enemies, until a fui J impartial investigation of the aft,.® taken p.lace by proper persons, uoij® ing they would effectually clear him J the charge of assuming and exerts® power not given him by the elective,® of the state : But as the opinion v.® to he gaining ground, that the silt® his friends arises from a convicts® their part that his late act was i,r ( .® tutional, and that they are unable | ® fend him on tenable grounds.—the® leaving him to be condemned on c x ® evidence alone : I beg leave, di»® your paper, to deny that the Gove® has exercised usurped power, an® prove that the late dismission an® pointment comes fully and exp® within that clause of the Constit® which fives him the appointing pop® case of death, resignation, or otlicnt® In my remarks, at present, I shall® fine myself to that clause in its pi.® sense and interpretation, and to ;<® reply to an article published u® Chronicle of the 26th inst. and exlr® from the Southern Recorder, I In the ninth section of the second® cle of the Constitution, which is the ciß vesting the power of appointment I® hands of the Governor, with certain® strictions therein named, I find that p® defined in the following words: “I® any office shall become vacant by deifl resignation, or oth ehwise, Ike tow® shall have the power to fill such vacaiejß and the person so appointed shall ccntlfl nue in office until a successor is appointeifl agreeable to the mode pointed out M thid Constitution, or by the Legislature® It is on this the power of the Govemol rests ; and 1 think I shall be able to provl to the satisfaction of all unbiassed peJ sons, that this section does give the puwtl he has exercised; and that in using it tl has but acted up to the strict letter ail spirit of the law. In the case of the (leal or resignation on the part of the Secret* ry, the power could not have been quel tioned, and of course they have grouudel their accusation on the office becoaiinl vacant otherwise than by these meais.-l The insertion of the word otherwise Ini left that section of the Constitutionea« tirely in his favor, because the office become vacant by his inability fromctl ness or from any other cause that d’l produce inability. In the section c. - M ting the Secretary of State, there i.‘« part that authorizes the appointment,l deputy,—and in the resolutiondl Decelj ber 17, 1817, allowing au extra Cleli for certain special purposes in the Seer 1 tary’s Office, 1 do not find they consider i it as expedient to give him the power i do tho official business of the office by ij torney. We of course must pre they thought the appointing power ol t Governor sufficient for the purpose • case of inability ou the part ol tl'-e iecr. tary, arising from any cause the lure could uotfore-ec or provide for. That this is a correct interpretation 1 its spirit cannot be denied —in I’ 1 ' 001 f which I cite the 4th section of the n® article, which provides, that “theh sident of the Senate shall excrete ■ executive powers of the govern®" when there shall be cause, either 1 * “ death, resignation, or disability;” olll ' 1 ° . . a • |U part of the Governor. Now, » 13 ' case of the Governor, disability executive power to another, in the" ofjthe secretary likewise, fan office '■> requires equal, particularity-,' : more forcibly apply; because i'i tare have in the Executive it;- 1 * all the power necessary to create • when the vacancy he occasion-. death, resignafimi, or ot i' which last comprehends disal Hit; 1 .• * ' whatever cause it may originate- 1 sumo it is not necessary to pur: argument further —the plaimi"" Constitution prevents but m• ’ . . . ! cr ‘ misrepresentations, lor the goo-- the people will easily detect the -, licit may be attenc, t‘- 1 be palmed on them, and the te nets of that on the part ol G ( ■ | SL'lark’s enemies may prey?"- j