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the museum.
TV". ■ ~ ... ■ ■
flov. Clark and Col. Hammond.
Me *r*. Canale £f rtV-
The man ter in \t hicu you have thought it to
he your ivpefiovs ihtfti tore present to the Public,
wliatyou term an of the facts, and circtim
s'anres tittemhn.fr a recent appointment by the
Executive to fill a v irancv, verniers it necessary,
bavin-’ a due regard to niffi-lid opinion, to lav be
fore that Public a correct taterr>'-tit of the trans
ection, w hi<jh nwvfnot only be relied on as com
jntr from the best authority, blit I will add, can
*■<l will be proVcn when ‘necessary.
,j< appeals then, that on or about the llth.Julv,
Abet ‘ Hammond, Secretary, of State, left the
Heat of Government without the knowledge or
consent of the-Governor; that on the 12th of Au
,,,ist the public business could no longer proceed
jn the Secretary of State’s office legally: On the
mo-muir of that dav Governor Clark was inform
ed that ‘ i hort as H. Crawford a young man whom
Col Hammond had left in his office! was acting.
anepotv Secretary of State, or spuing ‘ bl.
Hammond’s nartm to Grants of Lawl.&c. upon j
which the Governor dire ted Major M ood, one
of the Secretaries of the Executive Department,
t(( o-o and see upon wl.at authority he Mr. C*w
ffird was acting}'he accordingly, went and re
turned with a written Power of Attorney winch
the Golom l bad given for the purpose-; - upon
which the haws and Resolutions of the different
T ceislatu.es of the State were examined, to see
if there was anv such authority given, but none
con'd be found. Mr. Clayton, the Treasurer, and !
w, rtorcmsn, ‘he Comptroller General, were ■
ad-td if ’her knew of any authority for such a (
course of procbdnre? ‘hey both replied they did .
not Mr Clavton walked out of ‘lie Office, Mr.
Itozemxn remained, when the Governor enquir
ed „f him, if he knew when Col Hammond was
expected to return? lie replied ffiat be d.dmt,
.an l said, thut be supposed it to He vert oncertam.
tbw Mr. Crawford had informed him that .here
1,. ] h en a letter rect Wfctlfro'hfc Colonel at St.
Mi. '’sand that lie spoke of gong from thence
to - AugostineT ('thers. as sv. ll as Mr. Ilozc
roa. have beard Mr. Crawford sip tin” Golone
Han mo,id spoke of going .o St. Augustine, am
if be did he expected he would not return until
Sometime in October. The Governor mimed.-
ate'v sent for Mr. Crawford to.cortle into the Exe
eutiVe- Office, and upon his doing so he was in
formed by the fb.ver.mf. thut he underwood Chat
he, Mr. Crawford, was acting as Deputy iecreta
rv of ritat-e. and requested h m to show t.ie an
tliOritv for Go’ Hammond .mating such appoint
ment; Mr. Crawford repl.ed tlisthe did not know
that there was any authority, hut that he was au
thoriW bv Col Hammond to act. i lie Govern
or then told him that there was no such authori
ty, nn'd t'iat he forbade his acting and signing lus
name as Deputy Secretary of Sia'e. Mr. ‘ •
fort -as ben asked “ the Governor, when C o ■
K inun,u'd was evpec cd back? He replied,
about the first of September; afrer which tjr
Crawford tef the office, and lor the space of an
liourornV've declined It. ng anv business -n con
sequence of the Oirec'.bn- V ven him by the
F ’ ecutive. In ‘his time Goor- K. CUtton,
Treasurer we,it to the office of the Secretary*
Sta e ami immediately <m lus leaving > ■ Mr.
Crawford called to General Bci.JjffliinUfVe and,
for hombe had refused to do v Mness m the
aforesaid interim, and who was then m the yard
of ilve state Mouse, and told turn ♦ ©mw m and
he would dohis b> ainess and whirl, was neem
dingd done, bv him the twl Gi-wford. sg.u g.a
Grant. “Thomas II Crawford for Miner Ham
inond, eermarv of state ’ lmm - dialelv after
which the Governin’ passed an order. a,pr oitin.;
Simon Whitaker, esq Secretary of State, to f,II
the vacancv occasioned by the absence of Abner
Woifram •.;< b 1 and directed Mr.AV owl to go and
infant, Mr Whitaker of lUl.nl evening, audio
, rptiest lv m to come in early next morning, if hr
should uece it the appointment < l.e accon mg
lx n ie. when the Governor informed him of all
th cii'cumslanct-s whichhhd led to his consider
in” the nffie. vacant, and appomung lira, and
■aid to Mr. Whitaker, it worn t be d.so-ti, n wy
Wis, himself whether to lin'd die office on . h
nie'Sing of the Legislature, or imm • Hum
m(Md ratoviied, but fnat lie s'. -u and pr. 1-r i- re
signing it on ius return; and that he wished him,,
111- Whitaker'm continue young Crawford :m
----*,lKr youth wuh him in the office; to winch Mr.
Whitaker replied, that lie thought that Colonel
Hammond should have anended to the duties oi
the office while he imd it, hut that he -hould have
no-objection to continuing the young men m of
fe e. Mr. VV I,lt atyjr then gave bond w.th scan
j’tv for the faithful performance of the du
ties of the office; upon .which the oath of
cffifce were administered to him by the execu
tive after which the Governor walked with him
in'o’the Secret rry of State’s office, an 1 informed
young Crawford tha‘ he had appointed Mr.
\vhjtakcr reore'arv of State, and that he pre
sumed he would continue him and the <#’ her
young man in the office; on which Mr. W hitaker
Lid that he won and, or that he should have no
obieotion Crawford left the office after asking j
the Governor how long he hail appointed Mr.
Whitaker fo>-. and being answered, that was not
jp itetiai ti. him. and dru it was ilh lerstood be
tween Mr. Wiiitak.iT and hi nself. The Govern
or then returned ‘he ,x- cutive office, and;
Air ■ls taker > rnceeded to the discharge of the |
d-.,iesof his office, in signing - rants, Sts. Notj
lou"ftift6"wards the- Governor going’up to lllej
Penitentiary, and retiiruirig to the Mate Mouse, j
observed you tig Crawford go into the aw
of i-aborn.’ “nes after which he'returned to the
Si e eiavi of State’ office, and atte pted. as tin-j
Governor was inf lined by Mr. Whitaker,to trans-;
act business again iis -ecreturY of S i.te uii-'er;
G ‘l. i'Ut was in veiped by Mr. \\ bita-j
k . r: and lie i -fused to give UP the key of the of-j
fice which it was presumed he had taken away,
as it was missing out of the oc . Ihe Governor
then told VI “. VV bleaker he had better get a vvar-j
fant againstliimfor lus r jdeness ovvards him in;
the office,au l tor laki’ gawav ‘.ie ke. of toe f-f- :
fine door; vl', Whitaker went oft', and after some
time relumed and sad that the magistral if found
some difficulty in issuing a warrant. He was
then directed to have the look taken ofi and .mo-1
tber put on that had a key. Soon afterwards Mr. j
VV;-l ow, a carpenter, came into the Executive;
Office and said, .hat the man Craiviprd would not
let him take the lock oft’ to put anoffier on; upon (
Which the Governor dirfecied mie hi s Secretaries.
Mr.-fiurcli. .mi have the lock put on the
door, and the key ,;i en io vlr- * hitaker Some
short time r.fierwards a ci.iwideraide noise being
heard >n the Secretary Ol’ Slate’s office, the Gov
Ci nor came wl-atw:. ? Uie cause,
of t, and was iiifbrmmf hat when V!r. Burch
took hoid of me door, to h vi the new lock put
on Crawford aid hold of him to prevent it, and ,
a scuffic ensued bei ween teem. Che Governor
ihcu to tuktf oft the lock
pm tae,idler on and give vile key to Mr. Who a-',
ker. wmoli was accordingly done without farther
itlter;opaon Notn ng more on the su'ojec oc- i
cured until thi. i Jtiiot August, 18-2 t’is per- .
tincut here, however, to observe, that wheu the
difficulty first presented itself and the Governor
revolved in his mind the measures to he adopted
to prevent an entire suspension of the legal Exe
cutive administration of the Government, lie first
thought of appointing the young man Crawford
to fill the vacancy, un'il the return of Col. Ham
mond; but when he reflected upon the importance
of. the office, the possibility, by death, of Co'onel
Hammond never returning, the youth, inexperi-’
once, and apparent unfitness of the voting man, 1
to hob', an office of such high trust, he declined (
the idea, ami appointed Mr- M hitaker, neverthe- ;
less requesting hi'm, as has been been before men- i
tioned, to continue Crawford in the office, which
being proposed to him by Mr.AVhitaker.be re
plied he did not know what to do: Ife was tokl,
he might be indulged in time to think of it: he j
left the office, saying that he would return in a:
short time and let Mr Whitaker know his deter-{
mination. He accordingly returned and toM Mr.
Whitaker that he could not accept; that he had ■
taken legal advice, and mils’ hold to the office.— j
Me was told, by Mr, Whitaker, that would not do |
insomuch a.i the Governor had appointed him
Secretary of the State, and he, was in possession
of the office, and that he Mr. Crawford, could do ,
nothing more in the office but as a clerk if he .
! chose.
On Monday, the 19lh August, Col. Hammond, j
j with a cane in his hand, accompanied by a large ,
train of persons, went to the office of theSecre- j
tarv of the ‘Mate. As he entered the door, Mr.-
Whitaker rose and said, “Mow do you do Cos oncl
Hammond?” The Col popped is canc down on
the floor, and asked bv what authority. Whita er
was in the office? ,Whitaker replied by saying,
‘•Under an Executive appointment.” The Col
then said, “Gocl damn the Executive!—who gave
him the authority? I order you out of this of
fice.” Mr. Whitaker said, he sliced not goou'.
i The Colonel having called on witnesses, turned
jto tVhi’ak'-rand said, “You damn’d insignificant
! ra -cal, l order v on out of this office instant me’ us
ty.” W’ itaker answered again that he should
not go, and resumed his seat. The oersons pre
sent were called bv Col. Hammond to bear wit
ness of Whitaker’s violence, as he termed it: ‘fe
‘hen went immediately to the Executive Office,
accompanied by Thomas H. Crawford and sever
al others; (and here a scene was displayed which
may perhaps be considered as unparalleled for
forbearance on the one part, and for insolent au
dacity on the other- The IV iters of the Journal,
in thei*- authentic statements barely observe, hawk
■iooi ils en&uerl; —thev understand the advan'ageous ;
effect of shades in their colouring, and painting, j
and notwithstanding their minuteness *n other*
particulars of rhe'r inventin'', the public a-e left j
to determine as they can, wliaf occurred on that i
occasion, or by whom the harkh words were used, j
If shame had any share in the uppre sionofthe
fact, it was so fur commendable; but justice al
wavs requires ‘lie who'e truth.) The Governor
b -ing seated in the Exccu'ive chair, spoke to
Col. Maminbiid and asi.-ed him to take a chair.
I ie, Col. H. however did not comply; but advanc
ed near the Governor, and (in an angry and
threafning tone) add csseil him in the following
manner:-
Rv what authority, sir, have you taken my of
fice from me and g ven it to another?
The Gorcr-’ui —By the authority which I poss
ess as Execi: iveof the State.
C'iK ’Hammond— You have no such authority.
The “Governor — I'hat is not for you to decide.
Col. Hummand- --1 could go and take it as you
have done, but lam not disposed to follow your
example, you damn’d rascal.
The Gmternm —Leave the room, sir, I will not
be abused in my office; and (rising from his seat
turned round to a table behind him, picked up his
cane) said, go out of the room; leave the office
this instant.
Cos! H’lmmonrl -(retiring)—l will let you know
von damn'll rascal, you are too insignificant.
The main question arising from aeons deration
of these facts is. “Had a vacancy as contemplated
in the 9th Sec 2d Art of the Constitution, oc
curred in the office of the Secretary of State?”
The words of that Section is as follows: “ t hen
“a iy office shaft become vacant by death, resig
nation or otherwise, the Governor shall have
“powerto fi'l such vacancy. ’ &c.
In exa iii.n’ig and determining the question
proposed, it becomes proper to consider,
Ist—Phe gene 1 al powers of the Executive by
the Constitution, to enable him to adminis
ter the gove ninent:
2nd!v - The nature and intention of the Secre
tary of"s ate’s office, its connexion with,and
dependence on the Executive; and
3rdly—Whether ’ the duties of the Secretary
of State can be lega l*, performed by De
puty?
The duties required of the Governor as ex
pressed in his oath of office, m the s s h -ec. 2.1
Artie .- of the Constitution, are, to execute faith
fully the office it’ Governor of the state of Ge or
gia, ml'!) presevye, pro ecu and defend the said
State, and o cause justice to be executed, in
mercy, therein according to the c institution and
laws thereof. The 6i.h Sec. of the same article
of the constitution declares him to he comman
der in chief of the Army and Navy of this Stjie
anil of the Militia thereof. To enable the Exe
cutive to perform the several duties above requir*
j cd, all the subordinate offices known to ill- con
’s 1 itutiou, were created, and among others, that ofi
j tile Secretary of State. The cons’ itutiou, nde
! c a ring the above to be the general duties of the
! Governor, shows that, by the constitution, lie is
; vested with the several powers necessary to ena-!
i hie him to discharge those duties; Besides these, j
the Executive is invested by the constitution
j with certa n other powers specifically set forth in.
l!}e constitution, but in their use and application,
; tliei ids i may he not improperly termed general
powers, such as his, power to grant pardons, re
j j rieves, audio remit sentences, &c tic.
In the office of Secret ry of State, all the Acts
jand Resolutions of the Legislature are deposited;
: all grants for lands within i his Sta'e are made out
j and recorded; co omissions for officers, boih civil
j and military, are prepared and recorded; the
| Grand Sea of the State is there deposited. Tlie
| Secret try of Si ate is the proper officer to furnish
i copies from the several records in tills office. By
|the 1 till Sec. 2d rticle of the cons.iution, the
Executive office and die office of the Secretary
of state, arc connected; the words of that sec
’ tion are, “The Grea’ Seal of the State shall be
J “deposited in the office of the Secretary of State
, “and shall not heqjii xed to any instrument of
‘ writing but by Wxlerof the Governor or Gener
“al Assembly,” Stc. .vc
. In obe lieitce to orders from the Governor, the
Secretary of State prepares commissions. The
1 Secretary cannot use the Great Seal in the recess I
of tlie v Legislature, tiutbyord rot the Govern
or, and yei strange to tell. The P ‘fuitif Editor ” of
the o.u.heru Recorder will have it, that the Go
vernor and Secretay of State are tWo “officers,
septate and indefinidtiM ofe ch other.” Were
it Ime gs this iteoorderOr’absur litie-Alleges, that
the e two -officer-are separte an l independent
*ofea'-h other.” then uie Secretary of “‘tale would,
be sole, at his wiftaaft olaaaire.Ho stop the pro-,
ceed ngs of tne Government It would then be
ni isi. certainly in va.n, tii.d the consu tiuon
has declared-dial tne Great eal slia t nit be
affixed to any instrnuieiil if writing but bv
order of die Governor. Hair idle would it then
’ appear in the framers of the constitution, to hate
called the Governor Commander in Chief of the
Militia, if he is not clothed with authority suffi
cient to organize and bring them into the field?
How can they he. called into the field but by
means of officersto be commissioned, if the ‘ec
retarv of State should refuse to obey the orders
of the Governor.
| The Government might then issue an order to
1 the ecretarvof State, in case of etnerg rev; the
Secretary might absent himself from his office,
! whether for health, pleasure or profit, is quite
i immaterial, or might flat!. refuse to obey the or
der—the object of it is defeated; and thus on the
supposition, that the ecretarv is independent of,
; and not subject to the orde-rsof the Governor,
| we readily see how the administration of the go
: verntneni mav be, at anv time, suspended. The
[great interests of the people may be. at anv time
! sacrificed! & forwfiat? Merely to gratify the whim,
, caprice, or pleasure of the Secretary of State; a
j strange absurdity indeed!!
The Secretary of State is elected by the liep
; resentatives of the people; hut for what ?—To do
the business of the people. Yes; and without
anv exception; he is better paid for his services,
| than any officer in the State. During the three
Mast quarters of the present political year, cora
j mencing on the first M inlay in November, 18 1,
. and ending on the first Monday in August, 182?,
| the Secretary of State has, for services rendered,
I including his salarv, drawn from the public Trea
surv, npwar Is offour thousad dollars. The fees
! paidby individuals during tlie same time for bu
jsiness done in his office, may be fairly estimated
jat from three to five hundred dollars. Is it then
j right or reasonable to say, that it was intended
ibvthe constitution, that an officer, having so
: much important business committed to bis
| charge, and being so liberally paid by the people
! for bis services, should attend or not attend to
[the duties of h.s office, just as might best suit
; his convenience ?—Surely the peonle will not
quietly consent tobe gulled and imposed oil in
this wav.
j I vvlii now proceed to consider, whether the
‘duties of the Secretary of Slate can be legally
preformed by a Deputy.
I conceive they cannot, for the following
[reasons: —
j Ist—There is no, law or resolution, which
authorizes the appointment of a Deputy Secre
tary of St.'te.
2dtv There is a law, the only fair construc
i tion of which, shows, that the ‘ecretarv of State
j cannot legally appoint a deputy. Inefrr to an
iact ofthe Legislature passed 15th December,
‘ 18)0. (ft vton'sDigest, page 643 he third sec-
I tion of which c mains the following words. ‘ All
j “grants, copi grants, tcstimonals, or any other
“document or p iper whatsoever, he eh/oreUan
“ei! out of i lie secretary of State’s office, pur
“ porting to be si : ned by a deputy Secretary of
“ State, shall be held and taken as legal, provided
“the said paper shall be ascertained to be genu
“ine.”—It wilt be at once seen, that t is Act of
the Legislature was intended for no the purfmse
and goes no far her in relat ion to this subject,
than, to legalize the acts performed by a Deputy
Secretary of Slate previous to the 15th Decern-’
ber, 181;). From the intention ofthe Act and
the words ofthe third section, the acts of a De
puty Secretary of Stale appear to have been con
sidered illega before tne passage of the act, and
tlii-re being nothing in the act to utiiorize a
Deputy Secretary of State to act thereafter , it,
follows conclusively that a deputv derives no au
thority from the act of the 15th December, 1810:
and furthermore, since the passage of that Act,
a Deputy Secretan of Stale lus not been.known
as such in this State, nor have any known at
tempts been made to introduce one, um.il the
present time.
Srdly Reasoning from anology we arrive at
the satisfactory conclusion, that the Secretary of
State cannot appoint a deputy until lie is author
ized to do so by the Legislature. The 12th - ec.
2d Article of the Constitution, creates the offices
of Secretary of Slate, Treasurer and Surveyor
General. Now by comparing tlie different,"claus
es of the constitution creating the offices of
bulge ofthe Superior Courts, Justices ofthe
Inferior Courts, Solicitors Goneral, Justices of
the Peace, “lerks, Sheriffs, Stc. &c. with the one
creating the office of Seoretary of State, it will
be seen, that nearly the same words are used in
the creation of them all, and that, in fact, thep all
exist precisely on the same principle, to wit—
the mere declaration in the C onstitution that,
“ they rhah exist.” Adoftheni ex sting then on
the same principle, it follows, that if the Secre
tary of State can, without Legislative authority,
appoint a deputy, a Judge ofthe Superior, Courts,
or any of the officers before mentioned, can do
the same thing. It will avail nothing against the
force of this argument, to draw “distinctions be
tween those officers, and call one a judicial and
anothera ministerial officer. They were ail cr?-
aiedatthe same moment; they all breathe the
same vita! principle, a ul they all owe their being
to the same common parent—“ The Constitu
tion”
Ail proceedings of the Legislature touching
the subject, from the formation ofthe constitu
tion to the present time, plainly show, tha* they
d.d cone uev and did determine, at different
times, that no one of the before mentioned offi
jcers could, without legislative authority, legal y,
I appoint a deputy, or vise why’ did the Legisla
ture, as long ago as 1799, authorize Sheriffs to
! have “’one or more deputies?” See 46th Section
| judiciary law of 799, Crawford and Marbnry’s
j Digest, page 805. And why did the Legislature
; “i 18i7, deem it expedient and proper to author
ize clerks to appoint deputies ? And now I ask
whether it is right and reasoable to contend, that
the Secretary of State without an act of Ike
Legislature, legally appoint a deputy to dis
charge the important duies of his office, when
it does undeniablp appear t hat even a clerk could
not lega lv appoint a deputy, until permitted to
[do so by a solemn act ofthe Legislature,— La
mar's D gest, page 159.
Having now considered the subject as propo
sed, and shownvpider the third and last divisions
of it, that tlie duties of tiie secretary of state can
not, be leg lly performed by deputy; and it ap
pearing from the facts that the secretary was
j himseif absent and ii being uncertain at what
‘time he would return, and moreover, it being
impossible for the public business t o progress,
! legally, without a secretary of state; it appears
that a vacancy, such as contemplated in the con
stitution, had occuredon the 12th day of August,
1821.
It is admitted that this vacancy had been occa
sioned •'otherwise.” than by death or resignation;
but by whom was it to be determined whether
he office was really vacant ? and what occur
rences other than death or resignation could oc
casion a vacancy? The cons tit tion being silent
in regard to these questions, the last one de
pends then entirely on the nature of th
and the circumstances ofthe particular trNt:, and
both must, from the necessity of the thing, be
determined by the Executive, and no one else;
as he is the only person authorized tofill the va
cancy. Th e power to determine, is incidental
to, aqpEt united with the power to fill, and these
two powers must remain united in the same per
son until seperated by an alteration ofthe consti
tution.
AH that lir.s been said on Ac subject of Mr.
Burch’s acting for the Comptroller General, a
tnounts; in substance, to nothing. He never
■lid undertake to perform for that office any act
which was intended or nec-liul to be preserved,
and thereafter ured as evidence. No law can
oe found rendering it essential to the vali lit’ j
of a grant, that his name should appear on it—
His name for several years pa3t, never ha* beet,
entered on a grant, un'il, si tee the hist session
of the Legislature. Neither is it required In
law, nor is it esst mini to Urn validity o! a grant, j
that tiie treasurer's mine should be on it. Th*-
law requires every applicant for a grant to pay
into the Treasury a given sun before it ts-.it,:s.
and the only reason why ihe Treasurer s name
is on it, is to show the gave nor, that die foe re
quired !>y law has been o i.!; so that in troth,
his name and tl.at ofthe Comptroller Oenerai’s
on grants, mid nothing to tu-'ir validity, atm
might be dispensed with on “ civ, without inju
ry to the grantee. Not so with he name “I the
Secretary of Slate; the Act oi 1819, beiov.e re
ferred to, sett dug the q .cation, if it were net
before settled, v. hether his name on grant is es
sentially necessary t'O its *’ *’ iiy-
But it has been roundly asserted, that all the
State House Officevs ii.aVe been m tut ha’ l! * o!
acti g by Deputy, and A •tliony I’orfor and I- dp
ward Cary, Esquires, have listen named as indi
viduate, eacli ha ring hail the whole weinjii! <J
the government on h ; s sitoulders a ; cliftcrent
tinus. In the first'place) this asserfifn is;fd3c
in point of fict; —and in the second, ::<)m>t’ g
it to be true, an illegal act committed yester
day, is s m.ly no justification of the co.'iums'sim*
of the like ittegai act to-day. The present f-'tr
vcyor General has, at d.ilfurent times, been in !
office for nearly twenty years, and ha i ever did i
auUi jrize any one to act as Deputy Surveyor
General
I'hat Mr Porter, Mr. Cary, and others, have
ryctjpted en grants and entered tjiem for the
treasurer and Comptroller General, and done
like duties for them, will not.be denied. Rut I
am well convinced, that no one in capacity of
deputy ever did stand in their stead, authorized
to discharge any aud cveiy -duly required of
them. D.d an e * ution against a def'ulling
Tax CoPecto'f ever oisuu from either ot tliose
offices signed by a deputy? If -ever one did, 1
fancy'it would puzzle even that sagacious bead
ofthe Recorder, with all his law and constitu
tion, to convince a com t that such execution
was legal and valid. Suppose the Treasurer
and Comptroller were to allo'.v a report signed
by a deput. to go from their offices to th; H-gi
latu re what would be the language ofthe Leg
islature to them? I* wonid be, “Gentlemen, you
were elected by us to do business for the peo
ple; we committed to your charge an important
trust, not to be tratislerred nor assigned to a
• other; your duty is a personal one; -we ne'er
del authorize you tn d<. y our official duty by
deouty; you will therefore be pi asetl to retire
•rollout further ceremony if we cannot find
others willing to give their personal atei tint
to tiie business ofthe p - die, we will then call
for you and your deputies ”
Stress i att lopti cto fe *f.id cn a power of
attorney: it is nugutorj—nothing more norless
than an attempt to authorize a ‘Denuty to per
form acts t at would be illegal; tlie principal
having id autho.i y by la v to have thd duties
of his office performed by Deputy, can ‘convey
no legal power; luit, tor mere argument’s sake,
we will suppose such a course to be pursued.—
The Secretary of State, the treasurer, the Sur
veyor General, and Comptroller General, all
shall appoint their Deputies, each invested wilt
a Rower of Attorney One of these heads . f
offices se's out “to Rt. Marys or Angiwdue ‘o
bathe in salt water, another to Alabama on some
land speculation, another to “lie City of Wash
ington, or to some salubrious springs in the
mounlains-for the preservation of his health, for
five or six weeks, or months, or indeed during
the term ofhis appointment; for if tne pow- r of
attorney is competent ior a dav it is for any
term within the limits ofhis appointment—the
Governor remains at his post, surrounded, not
by the heads of offices, the component parts of
the Executive Department of Govern m :ot, hut
by a host of deputies or attorneys, who may be
known to him, as to th'ir qualifications or not;
it was sufii'-.i'-nt that they wore such persons as
the several officers chose to p'ace about him,
.md suppose that he wmild submit to act under
such circumstances, every act of these deputies,
which might be necessary to be introduced as
evidence into a court, ot justice, most be aooom
panied by an attested copy of tlie power under
which they acted It would be an idle waste of
time, to enumerate ail the absurdities involved
in such an idle method of executing the office
of Governor
Tt s a notorious fact, that with the 12th of
‘■ ttgus! a r i lis nail arrived when the Executive
• dmiuistrution of the Government most cease
fir v nt of legal cooperation of the Secretary
for R t:te, or'he Governor must exercise the au
thority vested in him by the Constitution to
go urd against such a state of things, by appoin
ting a person to fill that office, i'n have sus
nended the government would have justly sub
jected-him to censure, greater than ail the abuse
so iniquitous!/ poured out against bim for hav
ing charged his duty to the public ; an 1
the same persons, in ai; probability, would ha.ye
taken the lead in denunciation of him. Among
tht- various misrepresentations and falsehoods in
circulation, one is, that the young rmn Oraw
ford had not been, as they think, duly served
with a copy of the Executive order appointing
‘lr. Whitaker It was furnished to Mr Whit a
her, ai <1 exhibited by him to Crawford, who
paid no attention to it Another statement, in
the Recorder, is-equally untrue, that is, that
Mo Crawford informed the Governor that Go).
Hammond was expected home daily; all the in
formation he gave the Governor was what has
beenalrmidv stated, when interrogated to that
point, that Col Hammond was expected to re
turn about the Ist September.
The assertion in the Recorder, that the Gov
ernor interfered in behalf of Genera! Newman
in the late elec'ion of Secretary of State is void
of truth; nor did he even know that Col. Ham
mond was opposed to him. The assertion, that
Mr Crawford was threatened to be thrown out
of the house is equally unfounded in truth
With regard to what has been srid about the
conduct of other officers, equally erroneous, it
is S ‘ifi ient to say, that they have not in any in
stance impeded the administration of the Gov
ernment! nor is it known that they have in any
instance absented themselves for anytime from
their offices without the approbation of the Gov.
ernor; and indeed, frofti the nature of the busi
ucsss of their offices; as these remarks apply to
t ie Comptroller General and the Treasurer,
■ here is not that constant indispensable co-ope
ration with the executive, as with the office of
Secretary of State, If any persons have assis
ted them in receipting for fees or Grants of
1 ands or in checking such receipts, or in ma
king any enterics ir. their books, such a course,
owever immaterial- they might deem it, has
not been sanctioned by the ‘ Governor, and
it is presumed that no instrument issuing from
either of their offices, liable to be introduced as
testimony in a court of justice, and that any of
thtu - acts therein could affect the validity there
of, has ever been s*,jheu in person h-* n I
selves. An application was ‘made by \te 1 I
ton to the Governor to sanction tlic . I
menl: ot a person to permroi the ti tles
offi e. It was refined, sufi the Tr ? . u , “'B
thst he had beat perform them himself, , i
same remark his beet* t„ typ. ,j, ‘ 7 ■
Dow the Editors < i Die Journal !i t
hie to avt*.rtain that ‘lie t.; u ,erm.r and ■■ I
mood were of d’ffereot pof'tVc, ;; |’,H
tioral, is unknowns it w-.s presum and ttui I
were pretty ouch (lie same Alt , Ji'B
not known tftt tin . *Vctrrorever m \•_ ‘ w
piniin of Hammond, on polotlcs, 1
however, it is well undiys’no.i tt.ct he is
ivorshtpiier, nor dn-.-s he J-. <ong to a.;.- feni'W
That the l-Milors ot W:e two , h “,,H
Icdgcvd'e. so noted v crti- u'scuo-is j , r B
tllitv to (iover*,or C-laiav and ‘1ev...,., , ~,
emit a, should have puisne.', a.-.y ;r -,,. JV ,_v ai , V
c n urse they hnye adopted, v, n n ,* tohe • ■ B
ted To omit any opportunity to hep i i: £
. and contumely upon him, wimtherhe i. c!
right or wrong, would i> annea-. s ;•? .ieva, ; .j ‘■
them, a dereiiction ot Anur.a .y. M
1 !cl of thenu add akhougli tins uingt: ..d J
pear strong, v. ho, that near* i 1 mnui a ree o ; C 'B
; tion oftiie torrents ot SCUrniOu* ah It.;3t iB
sued almost idccssanily list year • n ,; e B
presses ag'ainst him and toe throe SuteGoiJ
niissionera, ,who effected at-o.ityfoi the landfl
will pretend to doubt die correctness 01U fJ
tendency of t.ieir labors .* as to desvoy the
l earned feme and reputation cf iiutiorablt lsejl
i whose faithful services aid successful es
bad eminently cantributed to the prosperiw ol
[ the State. Hut their lubora then provedviaJ
i the good sense of the people prevailed, ail
they were compelled u* drink ol me cup olhl.J
appointment. I
Voey’ now pounce upon the case oflfirl
mmid with the keen avidity of Grnvli lvj
tores, and imitation ol their briiiam trove, J
the lamp, I v. oii.d ■/, let them r^Wnil
jf thev can rejoice in such a fesi 1. u >l*l <au:.iecl
they drop off, aud die tpmitaneou;-:-. ana! t.,1
exlatic sensation of loci)’ own j cried rcplctio w
b it their object is the S'.tnc - it i as lieictok.J
been— to mislead the public o[)ii>ic*t, to ileceitl
the people, and furtnei the vi- ivs ol a Lciki.,l
hence, among many ether things iq aid} inta I
vant to th* true merits of the tra.uacUur; tnnkJ
consideration, they would tty t) excite, a*ale I
lis the pub.ic sympathy on their tide, by s*l
ting tiiat Col. llhimoond v s tl.pcnii.iai ii.J
good degree upon this cilice tor the siuiportom
his tkm ly. If this was true,- it would prove tool
ir itch—in the first pi ice, that lie shuuldiuicl
been more regardful ot ins interest, in aprojarl
and faithful discharge of iiis public duties; a,, ,1
in the second place, tiiav ue a 1 been a very ball
economist, tie was elect ‘d to this office in tlisl
year 1811: it is believed by those best mformell
on till* subject, to hu e been worth not lesß
than go,ooo any year, and more than gfi.OWB
per annum tor several years; but an average oil
the lowest sum, §d,ooo a year, for il ye.es,l
would make gdd.uDi). If, after the receipt effl
such an amount of money, he is still depeatetl
upon the office for the support of his family l:l l
a good degree, it would amount to a prodigality!
in the management of his allairs wni:;|i few v.i.1l
believe. It is, however, altogether irrelevant!
to the bu jeet, and merited only to be no iced I
to expose ill ■ object and fallacy of its use. 1
I 1 tin: Keco:der, of the 27th instant, si'irel
Lawyer, (no offence is intended to me f.icubyjl
I only mean some ([nibbing lawyer) in fcl
borrowed garb of the printer, like toe wofijl
sheep’s ctiithing, int roduces hi ruse if lu the I
public with a long farrago—the paieiitagcitl
immediately knew n by ‘ho sinister f mure* fl
the I'P’.,): i.-,” II invites. tlui if t’ic <-. *e ’ I
had fie power, il rusi general, and not ot I
p art icuiurly u l ii< [milinga Secretary of State
into office, and that it must be his duty to go
to every quarter of the State (when necessary)
♦o putaii officers into possession of their ole
ces
Now, if his perceptive faculties had not been I
derailed, perhaps, from the indiscrimKate iia- ■
hit ot advocating right ami wrong, so liras til
blind him to truth and the propriety >t * nun- I
sure, he would at or.ee have seen the tlistine- ■
thin, and comprehended tire reasons for it— I
that these officers (spoken of) throughout lint I
State are not like the Secretrary of state’s oi- I
fee one of the most important of the Kjcecuth’e I
Department of Government, &t by its daily co-op I
eration, absolntelynecessary to the aJinn- ■
istralion thereof. Sc further, that the Gre.it Sealoi I
the S. ’ he symbol of the ovoreignty of the peo* I
pleithe stamp of which give validity abro.U‘i the I
instrument which receives its impress, is o.,v■
the control of the governor, no one dare to tt ■
it but by the order of the Governor or Genera! I
Assembly. I
When a Governor is elected, the Great Sell I
of rhe State is confided aid delivered into hit I
hands by the lepresentatives of the people, I
through the I’resident of die Senate; it becomes I
an attribute or ilia authority; it ‘l3 conveyed ffoin I
his hand to the Secretary of State, to be depose I
ted in that office—then, if the Governor decide
lh.yt a vacancy lias occurred hv death, resigns”
tion (or, otherwise) in that office, and appoint
a person to fill it to prevent a suspension oftno
Executive Government, shou'd he not tleltve:
that sat to the officer who is to use it b’j hisM
‘ter? If so wiiat then are the grounds of charges
of lawless violence on the part of the Govei’ i >’.
It may be answered tbe malignity of facto’
But this writer would have vised (and oat'. ‘
ally enough, as hffing in his line of business) “
Mandamus, or a Quo Warranto, to he served •:
Col Hammond at St. ‘tary’s, or St. Augusta
two or three hundred oii'es off—'he gev. r
mentin the interim to b ■ suspended or stof
peef The Governor had no need to reso “
to such means to put lion in possession
lie Great Seal of the State, which was n>ei
under his constitutional autii rity; it was cu,
necessary to place it tmd* r Uie eare of the ;
son aypointedtp ii 1 the vacancy of Hamm “
Altliough the Governor may regret the no;
retire of the untoward circumstance wine
to tlie exercise of his authority >n this instau
lie nevertheless lias the ••tisfaction of feelta’
consciousness of the rectitude of his intend* 1
and a full conviction ot the correctness ot tt
course pursued by him. Indeed, it was the <
!y course ‘eft to his discretion compatible v e -
ins duty, the station he held, and the ptfhi-*.-
gn;*d PLAIN TltlKd.
i For Sale.
4 TIDE land plantation, upon Savannah Y
• \ lately in the occupation of Dr. Wm. 11 >■
ley deceased—containing about 610
prime swamp, with the plantation or separat .
will he sold thirty negroes now upon it, 1
above property will lie sold at public auction ■-
or about the Istn Dec. next, unless preyio'v
disposed of by private contract, for panic jr i
apply to TUFTS & IthßD.
_aug 27 *73 ...
Cheese.
100 boxes Cheese, received per brig A-’ e >
for sale by PALMES 6* 1 {
sept 5 cß*