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if MceH'iiic w> I .ge t nvijuri'y of 'he
vote’ of the irfople, a 'heir late election for
ini'iulier* or Congress, they are to be subjected
10 the inconvenience of miking another elet-
lion, 1 Unmv not in wlmt manner I could off'
them a satisfactory apology. I hope that al*t*
an • -tthination of niv cotnlttct, they will ho *"•-
-died h o I h.ivn intended no disrespect U*
I w- of the State, Or its .'Akers, and that, win
S BNATK.
TkI'H'IIIT, Jan. 15.
The hill to rtfovide f.n tin* disictiiftl'otl of a
portion of the Reveittn; ot the United States, a-
Ml 'II: the severd States, Was referred ton se
ine Crnnm'iiee, 1‘oiisisting of Messn.Dick-
Krsoff, Branch,. Hell, Hay ic m ■ aaferd. A _ .
lie e in was pre.eniei! Iiv M f'"in a thev have considered that part of the Consttt
HH iiher of the merchants and trailers of Pltila- thin of the United S'ates, and the law's of Geo
«fe}|il|hl, pr ivin'.' L- he duties on S liny cia, which relate to the election* of month'.
J |nr reduced. \ resolution was str'.m ed Iiv of Congress, they w ill he convinced that the
Mr. d/r fft *'ci/, refei nnt? so much ol ‘tie Mes» cannot he subjected to the trouble ol utiotln
S'l'ni of the President ofthe lllli'e l States as oler'inn.'
i-'neito lii a appointment of the Eng of die I In early part ofthe mumli of Aiiffttsl whilst
]Sf toerhinds, a<'iinoite for the decision of lliejin Athens; attending the meeting ofthe Board
commveisv web Orev IV’tain, on the subject , *»f T osiees of Franklin College I was attack*
of die North E i« eril B.nitld "‘V of die Hired jed Iiv a violent disuse. Myself and fanidy
St ites, tu the Committee on Foreign llel eions; riukiiue! sick so long that it was not until the
sy ih directions to etiqniie whether the Piesi-
residenco in dtis State, and the payment of
taxes, he is jus.tfied bv the laW; hut if it i» for
lie reason stated in the proclamation, viz. my
nlure to accept, then he is not; bac.ia»e he
i ts not giveo me a certificate ol my having
•oen elected which lie was bound to do, if the
■ Iter provisions of the law ate void.
But the must singular circumstance in I'tla-
•0 to the Governor's pi oclaination islus rigid
tierence to the letter of th« election law, hv
wlt'ich he vacates my seat ill Congress, and
neither kuow, nor have I enquired—the re
cords of the Department shew that including
Mr. G. himself, the members elected have,
except duriug one administration, rendeied any
decision by former Governors unnecessary.—
General Clark did receive during his admin
istration acceptances after the time limited by
the act h id expired. Mis practice, and his on
ly, sustains Mr. Gilmer’s doctrine. Lven the
Ueueral required an acceptance before a cer
tificate or commission under the great seal was
* disregard of it when it operates upon mb- the proel; „ nation u „
detv ConstittU'iiii tllv li t* the power of m.kitut
suelt ajumin'riient. The Senate then adjourn-
ed over to Muodav next.
MOUSE OF REPRESENT \TIVF.S.'
.TllWIIStMV, J ill. 15.
Two hills Were introduced fit lit the Select
C utter* on Retrenchment, one by Mr.
ft tton, die Chii ' m.in, fm tin* he ter tcgii-
| . a uf our inieiroiit«e with the Indian tribes;
or In* o'lii'i by Mr. WirlTifft, providing fm
tine(Jection ‘he assistant and other Clerks of
lift 'eu. e and TTouse of Representative*, by
thou: bodies, ius'c ul ol bv the Secretary ol he
^enale lUtd'the Clerk of die House, as at pres
ent. Titov tvi» e read a first and second lime
an' ordered In he rommi'ted to a Committee
of tie Whole House, on the slate nf 'he Un
ion, mill to he printed. Mr. Hamilton also
pi. ved that die resolutions, formerly submitted
by.It'in to Congress, rel-.tive to indemnifying
•the persons upon whom penalties b id been in-
flli'.eil millet the Sedition Law of 179S, tita
•ei having been unconstitutional in i's priori-
jib's, be rmnnii'ted to a Committee of the
Wiude lions* .on the State of the Union, and
It i"n ed. Tin* moduli was agreed to. The
bill fo 'he relirfnf revoluiiotiory and other ofr
fi'i u and soldit"S, w ■ », on motiim of M
JHtrhr.lt, of Tennessee, brought under the con-
ii*h*rat eu of Committee of the Whole, .Mr.
Gondict ill die Chair,.and after a long discus,
gioii. was ordered to be engrossed for a third
re ding. B«!b e the lone Comm ;toe, the
bill anthons!,i/ an appropriation of fifty
thousand dollars for the expedition to explore
tfiit Pacific Ocean mid tin* South Seas, was
‘ l) light forward by M'. Birtlrtt, Mr. Wiclc-
lijfe opposed the motion of its engrossment for
a turd reading, anil called for the ve ts and nays
Upon die question. The nto'ion wascarried in
flit* (fiimltive by a in ijot ity of 97 to 59* Tin
Ciisiiierlmid Road hll w is then taken into con
sideration bv the same Committee; and wis a.
On tided by filling die blank of th»'8>h see.ton
tv It lie sum of one hundred thousand dollars.
O . ’he mm mu of Mr. Hu hantian, who oppos-
ed lie-hill :tiits present shape, i s further coil
s'eaui .was posipnned till Mo'.'day next,
when he expressed Ins-design to call the it«
tee m o i,V the House to the amendments In
piti u.eil, a* a substitute fin the first seven sec-
terns ofthe original hill. The House adjoin m
ed a 4 o'clock.
Fnui.tr, J to. 16.
M . M Buffi ■, front the C min .me ol tV •>'»
av .Meins, 11 ported a bill tu exempt met cltmi-
*!>.' uiijut. ml under c.eriinn cn'cuuist litres
f: at die operation of the law pissed 19 It May
JS28. known as In 1 new T uff B II. It w is
af pass ng through v trio'is s ages, eferred to
a <hnma t.ee efi'ii.* Whole House oil the siale
' pi L'tiioh. Li lis /were reported from the
S 1 thiinmaiee on Reirenehmeitt, by .Mr.
U cL iff, recuhtnng In. publishing of acts of
Cun. ress; me! by Mt. Hamilton, die Chid-
' m n, preset ibing the inode of prni'iiig a d dts-
ti lin ing v.n nas pubi c doiinnen;*. They
Weie sever illy read a find and second 'inn*, and
rt i u'ed tu a Connnitteo of the Whole House
( ti he Union. Mi. d/exa»</cc*mtioduced a
bid 10 exempt the members of'he Fire f'ontpa-
itii.'s of iVi-ltuigton, < Jem get own,, uid Alex-ot'
d a, from the perform nice of military dunes m
time of peace. I. was read a first and secon
time, and ordered tube engrossed for a third
re'ding. Mr. Strong, front in' Select Com
nti'-eo ut whom the stereotyping ofthe laws of
the United S’.itbs had been referred, reported
at joint resolution with die .Semite, in favor ol
th e measure, and recommending the mode of
carry,ng it into execution. The re-.olut.ons
submitted on the preceding day by Mr. Wick
liffr. pi-nvidillg fo- theelecion *>f all offirers of
tite House by g rim voce vo'e, itis'n d of by
b”d •. hs lince'olore, was hell considered. M
St,on demanded the yeas and nays', vylticb
tv e ordered, and n discu-s ou ensued, wh.cli
«oi 'ittued until die houi elapst d tor the consul
e< icon of resolutions, previous to which, M
IV t int offered mt amendment, slighdy ntoddy
ing .he proposition uf Mt. \Vi kliffr.
. Sxtuhoav, Jan. 17.
A debate ensued on the Georgia claims, in
which Mr. Thompson, M -. Gti.MBn, M
\Vi km8. Mr. Wildk, Mr McLean, and Mr,
GoitHam, took p in— he four fpi mer gentlemen
in support of, the two latter gentlemen ill op-
post um to, the claims. The further consider
a ion of Mt. T HtiMPsoN’s mm‘mi to amend the
bHf, w"S'Ht mot ou tiy Mr. Serocant ; defer
red ini'd Futhiv next.
month ol Or oher lint I was enabled to return
to Oglethorpe.—From that time mttiltbe close
of the session nf the Superior Court of that
county, my mind was completely occupied by
piofessiotud business, ni.nle greatly iiioro pres-
ing hv mv long absence liottl home. As soon
is I was disi'linrged front the duly of attending
he Cnurt, I comnienced ray jonrnev to W ish-
ngtun city, it was necessary that I should do
so. in order to avoid exposure to the cold weath
er in travelling. I left Georgia before the re
sult of die Congressional election was announ
ced by the Governor’s proclamation. I never
• iwtitat proclamation un.il the 20di of Novem
ber. A written notification.of nty acceptance
would not have reached Milledgeville with-
•n forty days nf.er that proclamation. But the
inull is, that the provisions of rhat election law
which he Governor is now enforcing against
me have been so universally considered as
mete formalities, and without any compulsoty
obligation, tli-u they have never been recalled
to my meinoiy uti.il a few days ago,—when I
understood that in consequence of nty not com
plying wt'.h them, a new elec, ion would be or-
.eretu
As soon as I received this information, I no
tided the Governor of nty acceptance. I did si
from respect for the authority by which the law
w s made, and not front any belief that it was
obi gatoiy.
Thu Constitution of the United Suites, re
quires “that no person shall be <t Representa
tive who shall not have attained to tlie age of
25 years, and been 7 years a citizen of the
Untied States, and wtio shall not, when elected
be an inhabitant of .but state in which he shall
be chosen.” These qualifications cannot be
added to or varied by-any laW of the S.nos.
Yet our election law inquires that the Rep
resentative m Congies front Georgia shall have
been an inhabitant ofthe State for tin; 3 years
next preceding ids election, have paid bis tax
es regularly for that lime, aud that he shall no
tify the Governor of ins acceptance. Ail of
.liese requirements of the law are contrary to
the provisions of the Constitution. They are
however those for the non-compliance ivuli
winch the Governor Inis proclaimed that 1'
.m inn .o consider myself a member of Con
gress af.ei the third of March next. The
people elect their lleprescuta ivus in Congress
n puisumce o thu Constitution of ixu United
■ By that hiw.it is required that the names of
he several candidates be kept on separate pa
pers ; the number and the name ot the voters
shall be sealed up, together with an accurate
state of the poll, under jbe hands of the presi- _ „ ,
ding magistrates, and transmitted, by express, upon to not, fy Ins accep aoce. The Ptoclu-
to his Excellency thu Governor,” <S*'. Now, <»a.ion is not so founded, as an inipoct.on of tt
it is believed that this law Was not complied >n.ght have convinced Itim. lhe construction
with at »«v election, in any county in the State, l»;» ih«act, is tins. After the expiration
defensible, ifit is not founded upon his lailiirt
to produce proof of Ins i evidence lor three years
in trio Stute and ol the payment of his taxes, he
believing himself entiled to a certificate under
the great Seal of he State, before he was called
right, in the smallest degree his claim. Whoewl
is elected by the people will derive no benefit Iron I
it, if the House of Representatives shall decide that I
the people by their Legislature (uoact of Congreul
being in existence) have not power to prescribe. 1
that a Representative elected shall within a limited]
timrnotify his determination to execute the dg.|
ties required of him, or if they shall decide th;J
the certificate of the Governor under the. great seljl
of the State is within the statute, the notice to J
given fo the person eldct, on the receipt 6f whiefc I
he isto signify his acceptance or refusal ofthe hoj. I
or conferred upon him.
JOHN FORSYTH.
Milledgeville January 24d, 1C29.
MACON.
on the firsi Mouday in October last, and that,
consequently, the election of every other mem
ber of Congress is void as well as mine, by a
strict interpretation of ilia; law. What makes
dtis circumstance still more singular is, that, by
the Cous.itution. the Slates are obliged to pre-
rihe the times, places, and manner uf holding
elections for Represen'atives; so that lequistte
of the law, winch Would deprive other members
of theirseats, is imperative upon the Governor,
whilst that which he makes to operate alone
upon nivself has been considered as unconsti-
luiionnl.
I have thus, in as brief a manner as I- could,
ex ti nned my views in relation to theproclama-
tio. ofthe Governor, declaring my seat in the
next Congress vacated, and calling upon the
people to make another election—I regret that
I have lieen obliged to say so much. I tun
certain that the necessity of saying any thing
would have been obviated, at least so far as was
within nty power, could i have had the slightest
inti n .t o t of In; iii' union of tlieGnv. to pursue
the cou'se lie has done. It has not been my de
sign to say any thing of his Excellency, except so
far as was necessary to explain my own—He is
a public officer, und answerable to the people
for the mamier in which he executes the law.
To my constituents, I repeat that I have not
duhber.i'ely disobeyed the laws of my Slate,
whether constitutional or not. And I believe
that there is not one among them who knows
me, who will not give full credit to the asser
tion. GEORGE R. GILMER.
*iTURDAY EVF.SING, January 31,18JS.
.ties. Tne Governor has no power^ of put*
jm. GU.uiAt % gov. ionsvrn.
CIRCULAR.
Washington Cm, Jan. 8 h, 1829*
1 h.'Vt> juvi seen in 'he Georgia Jnutn d, .he
Proclamation of h'i> Excellency John Forsyth
decl 11 Itig vac O' die sea! in Congies* 'o winch
I had been elected on the Is. Mont .s in Oc
tober last, aint issuing his writ of uleciioit to
fi.l that v.cancy. I Its. he first time that over I
have bfi'll ptibhclv charged with h deiofic-ton
of .doty. I: nny thi*rel*>re lie well supposed
tit it i amino- linens trie n such a charge, coming
es .it does I'rttnrr the h ghost offiter of nty unlive
Siate, nnd p»or|,tinikd, hv public onlor to thu
whole of its people. On no occasion, hi - tier—
to. hits it been necessary lor me, ettltei ill do
feme of private to t'flSr .il convince,-to addtess
tie public ihem.gb the press. I do it now with
misttalKHl and tehiclanre. - Wltat I shall say
. will be only in i.liedienni to the feelings of re*
ST*ct wbitli 1 ••n enain for nty constituents.—
They h .ve by the late elecl'.ou, given me iho
Bi‘ *' fl'.tttering evidence uf their cemlidence.
] f« el gfeiefuUiothem for it; and hope to merit
tie ronotmanre of their good ep ninn, hv ar-
tin's im ll occajious iu such tt tumuier as tode-
aetvo it. •
tng a veto upon the result of the peoplu’s w.ll
tu the choice of tliuir Rtipresen.atives.
By tite Constitution of the United States
each H-tiise sh ill bo tliujiidgo of me ele tions,
c.tints, and quahtica'.'.mis ofits own members. “
Umlor mis provision of (ho Coiisiituiioii, it is
uiidt'istood that the house of Representatives
is dcui.'iiiiiied that it was not bomitl by the
lec ton 1 *w of Georgia, us to the qualification
of ns members from .hat State: att.i in one,in
stance if I m.stake not, Governor Forsyth was
lie inemuer whoso . i,lu .o a seat was a subject of
dtijuUiCa'ioo. Upoti iiiqtlny, 1 have also as
certained that Other Stales have passetl laws
similar to that of Geuigia, anti that they Itavo
been also considered void. South Carolina
passed a law many years ago, wh.cli like ours
is yet uut'opealeii, requiring tite members of
Congress fiom that State to signify then accep
tance to its Governor, within 2(Jdays after their,
election. Thu law is nevet obeyed, and lias
never* been enforced. Every geutiemaii in
Congress to wtlotll i have submitted die quo-
lion of the validity of our election law, (and 1
it vo to many of the most intelligent,) agrees
mat ns pmvisiotis me at variance wub the Con-
stiiuimii, uuti of course void.
I understand that tins has been the opinion
atm pi ac ice of I'm nun Governors uf Georgia.
I'ne present G tv ei tior has however, deteriniu-
ed, that so tar as my ch'C'tott is cvucetued, he
lias mo powv'i ol executing its provisions.
rile Governor’s pi oclaination states, “that
whereas iiie act above referred to de lates
mat hi case any poison duly elected, being tu
me Siate, ami iionlicd ilteieoiin manner herein
Un'ecteU, slim uot wnliin 20 days, and, if out
of are d ate, within 40 nays, after such noati
Cation, s giidy bis. acceptance, or siepart this
life, the Governor and commandin' m chief shall
order a new election <u ue ueld, ni In; manner
tlreiom pointed out.” Bat (here, is- another
clause ut me law, oi whicn the Governor takes
un itoi.ee m n.s p.'oclamation, whicn directs,
.h t , atiur ne has counted up the votes, aud
ascertained woo are elected, he shall issue
n.s pifci uuaiion accordingly and shall grau
his cei.itic t.e utmei the great s;al of the S ate,
lo eacu meiuuei' elected. His late pioclam
non state* .uai I was duly elected; yet the
Governor has given me no certificate. It is
true itat there is proviso to the la\t, requiring
dui, pievtou.s to the giaumtg of such curtifi-
he memhe.s eleci sli ill produce satisfac
ury proof to die Goveruiu that they have paid
tlie.r taxes tegularly for three years nex* pie
ced.ng me election, ar.d been an inliahitaur of
die dure during the sane tune. 1 think 1
have shown clearly that tha. proviso ofthe law is
uiicuiisuiutioiial. If, heteforc, tho Goventui
was authoi ixed to require of mo a noiificatioil
ot my acceptance, he could ouly do so after giv
ing me a certificate of ury election. If the
Gttveinor had given rhut ceriifirme, I should
btvebeeu reminded of the requ.remeiits of
the law, and satisfied ull of them—One who is
a uative of the State, and uever had the resi
lience ol a citizen elsewhere; who h ts not on
ly paid his taxi's, hut till other debts, might very
easily forget to furnish proof of lit! being no
inli 'bitiint of the State for three years, and the
payment of taxes for the same time, especially
when such proof was. required by a law be
lieved to be nugatory.' -
If my seal ts vacated because I. have not
fi‘>eu iho Governor frHuluciury proof of my
CIRCULAR.
A printed'circular signed George R. Gil
mer is passing thro' the State on the subject of
the Executive Proclamation ordering an elec
tion for a member of Congress iu October next.
With Mr. Giltncr’s defence of itis own con
duct the Executive of Georgia has nothing to
do, but Mi. U. has thought proper to mix up
with that defence a crimination of the Chief
Magistrate. Even with this 1 would mu troub
le myself but for the apprehension that 1 should
ho considered, if silent, as admitting the accu-
racyofthe statements in the circular. The
first allegation injurious to tire Executive is
that the provisions ofthe election law enforced
against Mt . G. have been so universally con
sidered mete furimliiics-und without compulso
ry obligation as to have escaped Mr. G’s. re
collection. How lar, the opinion expressed,
that the provision enforced is a mere fumahty
without compulsory obligation, is entertained
1 have no menus of judging; it never was mine
The subjomed letter written-to the Governor
of Georgia ou nty election to Congress in 1822
will show the opinion tlteo entertained on this
point; ti h is undergone no change since. M<
G. stales tit u ho lias notified the Governor uf
of 20 days from the election, tite Proclamation
declaring the result must issue in five days, the
persons elected il'in the State, must accept in
20 days, if out of tho State in 40 days after the
Proclamation issues. The proofs of eligibility
required can be produced at any time prior to
the granting of the certificate. If they donut
accept a new election is a matter of necessity;
the words of the act are peremptory, the Gov
ernor shall order a new election to be held ifc.
The correctness of this construction depends
upon the reiatiun of the words “notified thereof
in manner herein directed." They aro believ
ed to relate to the Proclamation declaring the
result, it being the only notice inquired tube
given. This cunstructio t has been imiiormly
given to the act. No other notice has been ev
er given by the Executive, or expee.ed by the
persons elected. The annexed letter (No. 4.)
of Mr. Gilmer's on hi first election as a mem
ber of Congress shews that such was the view
he then took of this part of the act.
The opinion now advanced by him is a nov
elty: it supposes tho Legislature committed the
absurdity of expecting a p.orsun to exitibit his
proofs that he was entitled to a commission un
der the great seal before any official call was
made upon him for them, or nonce given that
they would be necessary, and the further ab
surdity of making a provision to defeat the pui-
pose they wished to accomplish. If the nonce
contemplated is the certificate under seal and
that is forbidden to be given, until pruofs are
exhibited by the party, it is the party elected,
und uot the Stato, who will regulate tho time of
acceptance. When lie chooses to exhibit his
pruofs und nut before, cun the Governor give
ice, according to Mr. G’s new version, aud
then the 20 ot 40 days are to begin to run.
The letter of Col. Troup and Dr. Bibb writ
ten in 1806, shews that the same opinion was
entertaitied by these gentlemen on this point
with that apparent iu Mr. Gdmer’s letter of
1820.
Ins acceptance ; tins is inaccurate ; a paper is
uii file tu the Executive Dupar mom, Dited
Dftomuer 31 1328 wh.cli lunnally notifies the
Executive ol Ah, G’s. intuition to accept—but
no acceptance has been received.
It is asserted titai the rtiqunemcnts of the e-
lecitun law ol the 8 a.e are coutrary to the con-
Sittuti .n and mat tiro House of Representa
tives has determined mat i wasuot bound by
Hie elt'Ciluulaw ul Geor'tu, us to the qualifica
tion of ns uieuiueis, aud “ti Mr. G. mistakes
not Goveruui Forsyth was the member whose
gin to a seat was me subject of its adjudica
tion.” AL. G. does mistake, both as to the
person wuusu right was decided upon, aud as
iO the decision uraue, as lie m.ghl have ascer
tained by an ex uuiudtiou m the office of the
Ciei k ot me House uf Representatives. My
seat m tlie House of Representatives was nev
er quesnoueo uudur mo law of Georgia, nor
did 1 ever fait to comply tviilt all us require
ments. The adjudication made, so far as it is
now r. collec.eu, u,d dot touch mat part of tho
law winch is me subject of rein!.,-tv—it was made
in relation to tne time allowed within which
roiuuiso! votes from mo counties should bo. re
ceiver The House of Kepreseuiatives re
ceived and counted tomt its tout were rejected
by the Goveruui of Georgia its tho case of
Meade uuu Spalding. File qualifications pre
set ibed by lie election law of Georgia of three
years lusidence audpaymuutot taxesaruduub
less mcuusistoui until mo constitution of mo U.
States and would be disregarded by the House
of Representatives tit* case uf dispute ; it does
ttoi loiluw mat the Guveruor of .he State is to
dis.eg.trd the law especially when his duty
prescribed to be merely to withhold u certifi
cate of a given uescr.puou until proof ut exhib
ited that those qualdicattuus are possessed by
the peisou elected. Tho path of duly seems
to be to obey the law, leaving the person elect
ed to his .eiucdy uuUerthe constitution—ins ap
plication to die iluuso of Kepreseuiatives, the
judges ol the qualifications and returns of their
own members.
Tho notification to the Governor of an ac
ceptance is not a qualification of a Represent.!'
t»vo—it is but the Legislative precaution for se
curing for the Siate its representation in Cou-
gress. So fur Horn considering it unconstitu
tional, I hehovu it tu he bo lt constitution tl and
wise. An election by the people does nut
make a Ucprescutaiive ; tho will of the person
elected is to he consulted; without ho accepts
he is not thu Representative, and he has it it
lus |iower to refuse or to take the place bestow
ed upon htm. The law of this State requires
titai fits will shall be made kuown within a lim
ned'time. Mr. G. states that ho understands
that the opinion and practice of former Gov.
ernurs of Georgia coincides with the opinions
of the persons consulted by him in Washington
who believo the provisions of tho act are at va
riance with the constitution and of coutse void.
Wjul wo the opinions uf lonnvr Geveruon I
l’he last allegation I think it necessary to
notice, is that the election law is rtgtdiy adher
ed to when it vacates i\L. G’s seat in Con
gress, and disregarded when it opeiates upon
others. I'he proof of tins is that the election
law requires that the uames of the several catt-
dicates be kept on seperate papers , the num
ber and names of the voters shall bo sealed up,
toge.her with an accurate statement of the poll,
under the hands uf the presiding magistrates
and uansmitted by express to the Governor.—
Tins law Mr. G. says “a is believed, was no
compiled wi h in any county in the State nun
the elcctiou ofthe other uiumbuis are also void
according .o strict interpretation of t e law”—
Better information is m the possession of mu
Executive on tilts joint than lie can possibly
have, who forms a grave argument upon a louse
“it is believed”—Tins intounatioii has been
already informally given to the public—At the
last election the iiatnu of each candidate was
not returned ou a seput ate piece ot paper from
any county, and some of the returns were transmit
ted, not by express, but by mail—the returns by
mail were received and counted, and the returns
with the uames of the candidates kept separate ou
the same sheets of paper were received, iu confor
mity to the practice which has prevailed iu the de
partment since lJ'J'J—of the correctness ol tins
jracttce 1 had some doubt, but followed tt from a
relief that the law was substautially if uot literally
complied with, in all things else the returns
counted were iu strict conformity to the letter uf the
law of 1739—And this decision was beneficial to
Mr. Gilmer as well as to the other persons who
were highest on the poll. Believing as lie profess
es to believe, that tins part of the law is constitu
tional and has bceu violated in his favor by the Ex
ecutive he should not resist a new election, altho’
declared ou another ground applicable ouly to him
self when the result may be to give him according
to his own aud to the Executive opiutou a clear
right in place of a disputable claim, to a scat iu the
next Congress.
There are other things in the circular that I
should be excused for remarking upon, but to do so,
would be inconsistent with my purpose, which is
merely to place before the people tue materials for
fortuiiig a correct judgment ot the conduct of the
chief magistrate. Altho’ 1 have deemed it neces-
ary to shew what the former practice has been, it
must not be considered that any reliance is placed
upon them to justify my own course. In all cases
where the law *f the State is explicit and. clear I
make no enquiries about the opinions or practices
of former administrations. In cases of doubt the
usages in trines past are resorted to, for the pur
pose of enlightening my own judgment, aud sub
mitted to, if recoucileable to the existing law. In
the case.of Mr. Gilmer,! made no enquiry a* 1 bad
no doubt, the facts now presented from the files
of the Department are the fruit of recent investiga
tion. Having fully expressed my private opinions
of tho act of 1709 it is proper that 1 should
state that in the execution ol that act I do not con
sider the Executive responsible in any degree fur
the constitutionality, wisdom or convenience of a-
nv of ita provisions—for these the General Assem
bly of 1709 and their succbssors who have left it in,
force are accountable—the Executive is responsible
aidy fur the faithful execution of the taio as it is.—
The Execuuve Proclamation is founded upon sim
ple facts, admitted to have occurred and was under
the law, as construed, the inevitable consequence
ofilio.se facts—It was not issued under a coavic-
tion that any disrespect to the laws or to the offi
cers of the State was intended—the omission was
supposed to have been the result of accident or
forgetfulness which would be satisfactorily explain
ed prior to the distant day purposely fixed npott
for the new election—Mr. G. it was believed would
be the candidate, probably, without any, certainly
without formidable opposition. lie has an un
doubted right to rely upon his own construction of
the State law—to question the validity of any or
uf all its provisions and to insist npott taking his
seat in Congress contrary to its provisions as under
stood by the Executive. I he question presented
is within the jurisdiction of the tlouse of Represen
tatives aud nothing which is provided by tlie stat-
NKWS AT LAST.
After a long and almost unprecedented dearth of]
Foreign Intelligence, which has been protracted]
to upwards of two months and a half, we are at l^j
favored with a slight sprinkling from the world he-1
yond the Atlantic. Below will be found some lit- [
tie later accounts respecting the Affairs of Greece, |
the War between Russia and Turkey, Don Mignd, |
See. Sic. subjects which, it was td be feared, in rhi* ]
dreadful silence, would become entirely erased frotn'l
the mintls of our sympathizing readers.
It is fortunate, that, during this long absence of]
European Intelligence, (thanks to the protectiu]
system !) our home resources, if they could not sup. I
ply all our wants, have at least been sufficient to]
save us from actual starvation. After the Preni-
dent’s Election was settled, the formation of his ]
Cabinet has furnished the newsmonger with astan.1
ding dish; for which the Winnebagoes, the Tariff]
and Antitariff have served as a change; with an oc- [
casional duel or bloody murder for a second course;]
while state politics, phrenology, dreadful accidents,I
&c. have furnished the dessert; and the never en- f
ding still beginning Morgan affair a forenoon lunch. |
Though our advices from Europe are some two |
or three weeks later, we find nothing of sufficient |
interest to repay the intense anxiety that has beta |
felt for news from that quarter. The price of Cot-1
ton had got no belter—Greece was growing cool— |
Don Miguel done up, in splinters—no fresh distt».(
hances in swate Ireland—and the posture of affairs |
between the Russians and Turks about the sane [
as per last accounts, no great Battle had been fought |
aud no immediate prospect of aTty, By the by,
Emperor Nic, though his appetite for Turkey con
tinues as keen as ever, finds tite seasoning rather I
indigestible.
The following summary is nil we can make room |
for, and comprise* about all that is of much inter-1
est:
The Liverpool market is represented as very dell I
—yet Lears about tho same quotations as on the]
tub of Nuvember. I
Dou Miguel had met with a serious accident, hii I
thigh having been broken and several ribs; and the |
buckle of his girdle had at it was supposed, ocu* [
stoned an internal injury. j
Mr* Barbour, our minister at the court of St. |
James, hud his first audience of the king, at \\ ini-1
sor, Nov. 24, whon he delivered his rreclom.idr.]
The British ports were opened on the 21st No- ]
vetnber for the admission of foreign grain at the
minimum duties. It is now ten years stnee the
ports were opened unlimitedly for the importation
of foreign wheat. 1
OF RUSSIA AND TURKEY.
The Russian and Turkish War has not beenntnr-1
ked by any great event since the fall of Varna. The |
siege of Siliairia is still said to be vigorously main
tained. Some accounts indicate that the Russians I
were about to go iuio winter quarters—while others |
maiutam that SilUtria must lull, to render the Rut-1
sian cantp secure.
The Empress Mother, of Russia, died Nov. < L
She was the widow of the Emperor Paul, who vva4|
assassinated ini SOI. Her iuffuenco in the Has-"
siau Cabinet has always been great.
Intelligence was receiecd from Bucharest on tho |
27th October, that Calafat bad been evacuated]
suddenly by the Turks, who had retired to Widflin. |
The Russians were bombarding Wiildin on the |
2d and 3d of Nov. and had destroyed 2 mosques [
and set lire to the fish market. I
The Russians have withdrawn from before Cho* |
umla.
In returuiag from Varna to Odessa, the Empe*|
ror Nicholas and the Ambassadors who had acorn* |
panied him thither had a perilous escape from ship-1
wreck and destruction, by one of those' horrible |
tempests which aro somewhat peculiar to the Blacit I
Sea. (
The Emperor Nicholas was received on hi* re-1
tarn to St. Petersburg)! with great entlmsiasiu.
The Graud Vizier, Mehmcd Selim Pacha, had |
been deposed and banished to Gallipoli. Drill
Meliraet Pacha, who dcfettdeu Varna to the lmt,I
has been promoted to Itis place. Jousso if Pack:, I
suspected of treachery in-that affair; has been de*l
ciared to he suspected, and his property tont'isca-l
ted. |
Bell’s Weekly Messenger says: “From all tb*|
news arrived from those quarters, it appears ti< t|
the Russians are much more desirous of finisb jjl
the cauipaigu than the Turks. In other words, ;U|
Russians are more exhausted by getting the vitn.iyj
such as it is, than the Turks are by losing the M'l
tie. Our opinion has been already expressed, fids
the winter will he a season of active negotiation,!
and that Europe will be enjoying perfect pacific*-]
tion, at least in-the North Eastern quarters,
'he return of next Spring.” '
OF GREECE. .
Tne last Castle of the Moron, surrendered Ml
the 30th October, when the whole Morea was
cuatcd by the Turks.
The three Ambassadors remained at Foros, tel
gociating witn Capo do Istria. It was believMl
that Greece would he made entirely independw'*]
aud the fortifications in the Morea given up to th*|
Greeks. ]
Capo d’Istria had returned from Po'rot to Eg>M|
before the 19th October, and issued a proclaim-1
tion, in which lie stated, that in consequence of I
the obstinacy of the Porte the three powers M |
acknowledged the Independence of Greece.
Mr. Gilmer and Got, Forsyth. The Circth' 1 1
of both of these gentlemen will be found inoorcoJ*!
urans. We have uo additional remark to make ><l
this time; nor do we see any particular reason fc ( |
changing the opinion we have already expressed']
Tho facts aro before the public—let them jfdM
impartially of his case. If the people are sadmMl
with the explanation of Sir. G. they will not hesU-'J
again to bestow their suffrages upon him : if R“-Ir
are not satisfied, all they have to do, is to make a
other election, and rely upon its justice for sustan
ing them therein, when the question conics t
the House of Representatives ofthe U- S»
, . , _ . - —r—, -j Gen. Jackson was to set ou 1
tuoot done by me Executive unpaired, if 5Ir> Gi* j for Washington city about th*-*" t 1 ' k”