The Savannah museum. (Savannah, Ga.) 182?-1822, September 12, 1822, Image 2

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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*