Below is the OCR text representation for this newspapers page.

ror fid-ring the advantages which »vi'| h<? dtnvcd to the union from the f.ile. I have the fathfaflion of in forming you, that on a rrpre fenfation from the executive, to t e lecetary of the tifcifurv of the Unted States, rcfpefling the ronfoiidation of the Rate fund*, with that part of the y’X 36 depofjt funded as the property of this flate by Gover nor Matthews, and the loan officer's demand, under the law < f the United States, of a fl a rap ed power of attorney, and the Governor's acknowledgement of his fignature thereto before a magiflrate or notary public, to enable an agent to dr aW the in tcrcfl due the (late, that the comptroller of the treafury, by dcfi:e of the fecretary, ordered: Mr. Wylly to feparate the two funds, and to receive the Gover nor's power under the great Teal of ihe Hate, without its being either ftarnped or formally ac knowledged before a notary or rnagiftratc ; proceedings which, had they been required, would have ailurcdly prevented my drawing any portion of the in terefl due the (late, as I deemed it an infiingernent of the flate Ibvercignty—happily an accom modating foirit, on the part of the officers of the union, relieved me from this e*nbarraffing fitu-j aiion, the papers relative therc to arc marked No. 6. You will find the great Teal of .the ftate well executed, but with an unavoidable deviation ’ rom the law, which it was re quifitc to look over. The law declares, that the revcife fide (hall contain three pillars fup porting an arch, with the wo'd conflitution engraven thereon, emblematic of the conflitution, lupported by the three depart ments of government, viz. legil lative, judicial and executive— the ftr ft. pillar to have engraven on its bafe wildom, the fecond juft ice, and the third moderation. On an examination of the fize of the Teal, determined on by law, it will be found that this was impoffiblc, that the words could not have been engraven on the bafe, fo as to make (he leaf! vifible imprcflion. It was the executive duly to defttoy the old Teal on the fourth day of July laft, when by law, the new foal was declared to be in com plete operation—A trial has been made in Georgia to make wnd engrave it, which failed, and 1 found a neccffity to fend to Char left on, at a late day to procure its execution—when it was executed, had it been pof hide to have obeyed that part of the law, there was not time for p an alteration, until the period for its operation commenced. I wss therefore driven to the alternative, cither to truft lo le giflative fanftion, for the devia tion of placing thole words on the pillars, inftead of the bafe, .md to adopt the leal, or to put a total ftagnation to all pubhc bufincfs, until the legiliatu ? c, could be convened, at a heavy, expcnce, and in a difagreeab!«l and bufy fcafon, I thought; th c former mod. prudent, and on the fourth day of July laft broke the old Teal, and pronounced the pref nt Teal, the great Teal of the Rate, and as fuch oidered the fecretary of fhc (late, to put it into operation. The words as they now ftand are intelligible, and the wreath they are engraven on, is an ornament to the Teal. On full examination, I flatter myfclf that mv condu6l will meet your fan£lion. 1 cannot: take leave of this fubje6l without j exprefflng tnyobligations to Mr. | Sturges, furveyor general of the date fot his attention to this bu finefs, and I take the opportu nity alfo of mentioning the name of Mr. Coram, engraver of Charleflon, who fo maflerly executed itas defervingof praife. Ihe charge is heavier than it would have been could it have been executed in Georgia, as it was increafed by the ncceffity of fending Mr. Sturges to Charlel ton to contrail for and fuperin tend the execution. There is one circumftance attending the Teal which will j require legiflative interference—: there arc numbers of grants frgned by former Governors, and I many figned by myfclf prior to jthe 4th day of July laft, when I the old fcal ceaCd to have Ope ration, and to which from the neglc6b of the perfons owning them in not calling for them the leal was not affixed. The dales of the grants prove that the pre fent Teal was not in cxiftence at the time of their paffing, and the old fcal which ought to have been affixed is not now in exlft cnce, I fee no other remedy, but a fhort law authorizing the fecretary of flate to place the new leal to them, and declaring them valid in all courts of law and equity. The extrafts of letters from our members to Congrefs, and the fecretary of war marked No. 7, will inform you that there is at length a great profpfft I of our long {landing claims for militia fcrvicc rendered the uni-; on, being finally reported on and adjufted during the enluing feffion of Congrefs, I hope in j a faiisfadory manner to the flate and her citizens. Repeated ap plications hue been made by me to the lecrcUry, and every meafurc has been adopted by fome of our members to expe dite the payment. Farly in the year I received intelligence of fome of the re cords of this flate being depo hted in the tosver of London, I applied for further information to a gentleman of South-Caio lina, fiom whom the intelligence was Tuft deiived — My letter to him, his extract dinary anlvver. and my reply are marked No 8. Notwithftanding however that gentleman’s refufal to make the rcquellcd information; the man- ner of that rcfuTal, ar.d M r - W illiam Simms's oath as to hi> : prior declarations, together with the flatenlents of the furveyor general and ferretary of ftate, herewith alfo fabmitted, appear ed to me td form fo ftrong a preemptive evidence as to cna ble the minifter of the United States, at the court of London, to demand thole records on be half of the Hate of Georgia from the Kritifh adminiflration under the fevenrh article of the definitive treaty of peace of 1783, between that nation and the ■United States, and I therefore made the application rnaikcd I No. 9 to Mr. King requeuing his demandingthcmarcordingly. The law of the 16th day of Feb. laft, to compel all officers; civil and military, within this ftate, to take and fub'ciibe an oath to fupportthe conftitution there of, has been very differently conftrued in different counties. In fome the oath has be n very generally taken by both civil and military officers, in others the juftices of the inferior courts and juftices of the peace have not deemed it requifuefor them to take it at all—in fomc coun ties conllru&ions have been |made that all office!s in com ! million at the time of paffing the law, only were bound to take it within the six months pointed out, and in others that all officers commiflioned since the paflage thereof were bound only to take it within fix months after they were commiflioned; whiift others again have fuppofed their quali fications as juftices to have com prehended all the cffcniials of the oath, and negle&cd there fore on that ground to take the oath under that law. Numbers of military officers and in one county, nearly all the officers of j a whole battalion neg’cdted to take it, and which proceeded not from intention or refufal, but the a&ual ignorance of the law, feveral of them never hav ing heard of the law until the period had clapfed. Taking all thefe circumftanccs into con- I fideration, and entertaining alio fome doubts as to the executive power of filling the vacancies occafioned by this neglect, the conftitution having pointed out ( the method by which thofe officers (hall be appointed, and how they fhall be removed. I referred the ftatement marked No. to, to the fobcitor-gcncral of the middle diftrift, his opin ion and anfwer therewith found came ftriftly up to my own opinion, and I declined execu ting the penalty of the law until your meeting. This bufinefsi will require your early delibera- 1 lion; and as the elections for county officers took place on the third Tuelday of laft month, and in feveral counties the de-i faulting juftices were either re turning officers or cleftors, which : flopped the executive hum i(fu ing commiffions for the officer* elected, I fhould recommend a (tor. Ur of iunnefly; ■ **iid all ptocecding* , f coun.v officers fince the a6th d av „f Augufl lafl, and aaihorif ;ng ih ; , executive to ilfae comm!ffion;-^ • Such a law ran alfo revife the i law of the i6rh day of February and with precifion extend the time fr r old officer*, and mafcc the oath a necclfary quAlifica tion, for all officers on receiving an appointment in future. Jq juftice towards thofe who have defaulted, I mud hy that I have heaid of no officer who has p O . filively rdufed, hut all appear •villmg and ready, to take the oath; which I again take the oppojtunity of mentioning to you, 1 deem highly expedient and Lcceflary for every officer to take, holding an appointment or connniflion under the Itate from the higheft officer to the lowed. The a6f to carry into effift the twenty fourth fedion of the fird article of the conflitution, dots not come altogether up, to the intentions of the legiflaturc, or provide for all the cafes arifing under the uTurped ad of the 71b day of January, 1795 ; it will require revifion, and perhaps an extenfjon of cquitabic principle jin the following cafes : Firjl, in cafes w'hcrc the perfon who bou fide depofited., the money, as a pretended conlidcration for the pretended Tale, has fince dccraf cd, and the claim is made by the executors or adminiftiators who feem by the law, as it row Hands, to be barred, not having depofued the money, and not being able ro comply in all ref peds with the oath.- Second . Jn cafes refpeding citizens rights, where they have pafled into other hands, than thofe who depofitf d the money, | and a full consideration has been paid for them—thofe papers bear the higheft authenticity, being the original receipts of the treafurer himfclf, and therefore no doubt can be entertained of the amount cxprclfed having been bona fide deposited : the j giving up thofe papers with an oath that a fair consideration was p id for them, and that they arc genuine receipts, fhould be deemed iufficient, without the making oath, that the morey was bona Jide deposited at the time the receipt was given— moll of this kind of yazoopa ! pers have found their way to other parts of the United States, where numerous families have been ruined by the fpeculation. The icputation of the (late, in the generous condud of retain ! ing the (urns deposited, requ’re* berattention to thofe unforiuna'^ * and innocent pcrlons, anti I cr alleviating, as much as can be, their diftrefs. And Thirdly , An attention i* I requisite to another clafs of citi j zens, who hold no oiiginal ; ccipts, but who poflfefs pieten* 4 - ed title deeds, by purchafe the pretended grantees: eq ultv would certainly dedde, that they I