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A menace from t’ e House of Rep r e f enta- ‘
t’ l c* Ly Mr bimmoiis, H eir C lerk, with the
following t evolution t
Revived, That tho c emte be req-efed to
aj * 11 a coinm tteg t*» j:*in a,committee of-. '
ti'ii- House, t eifaniith < ertain fee\))atiou& for
the g<-\eminent of the two Houfet, and for
t c cferving harmony between tnem in the
proceedings jf the impcacbmeut of the Hon.
Hc^y'Olbome.
'I »e resolution was taken up and concurred'
in; and Mr Stephens, Hr. Fort *nd M-r.
Bl.'ckbum, *ete appointed on their part.
also brought up the following resolution : '*
Re/olved That the*efo)utiona e. te ed into* ,
by report of tne commit- '
tee, cnnremiDg the mpeachnient of the Hon. •
Heury Ofborpe- £tq. beiert to ti e Senate for
tbeit nformation, agrccab.y to t«>eir meflage
of this morning : And ti:at the Senate he in-
that artiple* . f impeachment are uow
preparing iu the baud*. of the law officers and
commiflioners, which, as the Senate "
a*e informed, the House of RepreJentatives
will p.efeF against him in due time, re r erving
to themfeive* the proper period to p:efer the
fame, as has been uniformly the usage in like ?
cases. • .
0
. A mefTige from the House of Reprefenta
tiveaby Mj. Simmons, tbeir Clerk, wiftbthe
foil"wing refolution*: i •*
Refused, That tbc five members, vra. Mr.
Miliedge, Mr. Tamil), Me. Jackfbn, Mri
Waldburger, and Mr. Walker, appointed by
the. House to draw up articles of impeach
ment agai oft the Hon. jtfetrry Ofl?orne, Esq.
litI it also appointed a committee to join a com
mittee <-f the k enate, appointed 1 to agret; on
re; n’ations to prtferve the harmony of both
6r inches of the JLei.fl tu e,. on the (mpeach
ipent rs ti c said Henry Osborne, - Esq.
He Mfo brought up ti e following meflagei
Rejoined, That the .Sexate be requeued' to
explain their resolution of this morning in
forming the House of Repreferitatives that the *
H* n Hem y .Osborne, now at the bar of the
Sen.tc, h is leave to be heard by counsel; and
that the managers o commiflionerß appointed
by the House be notified thereof, ano lequeft
«d to atieud immediately, if tuey fee fit so to
<|o.
The Senate took up the meflage, and made /
the following amendment in explanation, to
read io the following words :
“ Re/olned, That the House of Represen
tatives be informed that the Hon. H. Osborne,
now at the bar of the Senate* has -cave to be
beard ly counsel on the fubjeft matter of the
warrant iflued againrt him by the President,
and that the managers or commiflroners ap
pointed by. ihe House be not died thereof, and
temiefied to attend immediarely,. if UrsyTee
fitTo to do.
Ordered, That the Secretary do inform the-
Hnufrof Reprefeu’atives theieof
Mr. Mil'cdge, Mr. TatoaF, Mr. Jackson,
M-. Waldhuiger and Mi. Walker,'comm*f
fioners from the House of Repreleutatives
sjtteuded, with the-Attorney and bdlicitoi Ge
nctals, and were seated.
Samuel Hemphill, gentleman, meflenger of *
the Senate* returned the warrant of yeflerday
again!! the Hon. Henry Olborue, duly exe-.
cuted, viz. ?•+ By virtue' of the wirhiu, I
<« have the body of the Hou Henry Osborne,
u “ as lam within commanded. ix o’clock,
V Nov. xj, 179 n
“ Samuel Hemphill, Meflenger.”
Mr. Osborne appeared at the bar .$£ the
Senate, the warrant and refokition* were or-?
dered to be read, which being done, the Ptfc
.. fluent informed him that he had heard the
charges exhibited to far as ha<l Lefcn received.
Mr. Osborne then requeued to be heard by<
* coqnfel, which was ordered accordingly, when
occasion (hall arise. and agreeable to the ulage
long fuice eflablifhed in these cases.
Mr. Seaborn Jonei, of' counsel for Mr.
Osborne, moved, That the Hon. Henry Ol
lorne, uow *r the bar of the H durable the
Senate, be difeharged, as the warrant iflued
againfi him does not coirain or e&prcfs any
eh rge of « defi ted crime 1 And .the fame
• being argued h» the managers and the Hate’s
cntmfel in behalf of the proferutiun ( -and.by
JVl* jones and Mr. Gihbuns 00 the pajt'of
M r . ' »ft>"n»e, over ruled. •
Mr Jones *htn moved as follows—That 1
the Hun H. Osborne may heidiuicted to bail,
wk<eh was orde r en 1 and <hat the Ibm. Ileury
Osborne be touud ImuleU iu 5900 b »od
0 mm •
good and fufficient surety in 50001. by
recognizance, and that the Attorney*General
draw ibc fame, which being done, was
lented and accepted ; and Mr. Armstrong,
Mr. O’Neal, Mr. M'lntofti and. Mr. Carr>
. were offered as bail;- a. d they being excepted
-» on abe part of the were or
« de ed to juftity,' which they severally did in
these woidi; “ Ido declare myfelf to be
44 worth the fumotonc thousand two hundred
.and- fifty pound* flerling, over and above
: u any debts which may be owing by me.”c-
The recognisance was then executed by Mr.
Osborne and his furetiaa, and is as follows,
,* via. •
Tbc State of Georgia ") Impeachment for high
vs. > Crtmts and Mijde
-The Hon. H. Osborne j. meanors .
THE'defendant, H. Osborne, appeared,
and acknowledged .himfelf to be indebted to
his Excellency the Governor, and his tuccef
fots -in 'office,'' in .the sum of five thousand
pounds fteHing, and James Armstrong, Fer
dinand O’Neal, William MTntoihfand Tho
mas Carr, in the sum of 1250!. each, to be
levied on their and each of iheir refpedive
goods and chattels, lands and tenements, if
the said Henry Ofbrne fhatl -fail to perform '
the condition following: The condition of the
above recognizance is such, that if the above
bound H. Osborne -'do and Ihall appear in his
own proper perfoo before the Senate of the
Aa e of at all such times as he ihall 3
be required by the Senate or order thereof,
then and there to anlwer such charges or ;».w
tides of impeachment as ihall be exhibited
againfi him by the House of Reprefrntatives, *
and not to depart from the bar of the Senate
♦without leave, then the above recognizance to
be void, else to be and-remain in full farce ;
and'Virtue.
Taken and acknowledged in Snate, No- ‘
veraberift 1791.
Test THO. WATKINS, Sec’ry.
Signed J s J
HvOSBORNE, (L. S.)
JAMES ARMSTRONG, (L. S.)
F. O’NEAL,. (L. S.)
; Wm. M‘INTOSH, (L. S.)
THOMAS CARP-, y (L. S) ~
On motion,
- Rejolvtd, That the President be authoiifed,
and he is empowered to sign fubpeeuas that
may be applied for in the impeachment againfi
the Hon. H. OfboTnp, as well by the Rate as
the person acculcd,
Friday , No vember 26. ->
Mr. Jackson, Mr. Waldburgcr, Mi; Tst- 3
nail and Mr. Walker, commiffiutiers from
the House of Reprefcntative6, came to the Se
nate, aad delivered in articles of impeabmeat
againfi the Hon. H*. Osborne, which are a* ♦
follow: :
ARTICLES es lmftachmtnt exhibited by the
Houje of Repreuntatuves of the State of Geor
gta,*who thejole power to impeach ajl
per ions who have- been, or may he in office ,
in behalf of tbetnfel'ties and all the' citizens of
thefaid fate, to the-Senate of the/aidfiate ,
wboje /ole power is to try the James againfi
the Honorable Henry Osborne, Esquire, one
of the Judges of the Superior Courts, for the ’
divers high crimes and mijdemeanors follow
ingt that is to fay ,
Article ifi; THAT the said Henry Os
borne, on the third day of.January last, being
the firft Monday of the fa«i mouth,«r P*rae
time in the night of the fame day, lefieniug
the confequcuce of his high and faered ap
pointment, defeended from the fame*to ad as
a magifirate for the county of Camden after
the legal poll for the said county had been held *
aud doled for the election of a member to re
present this state in the Congress of the United
htatesy-and did-then and there open a second
or illegal poll, at which he presided, with -
James Armstrong and Robert seagrove, Ef
quircs, contrary to tbc law- of the said ttatt, -
piefcribingthc-times, manner and-places, for
holdiug cledioos for members to represent
this fiats in the Congress of- the United States,
in tuanifefi violation of the rights es eledion,
and the ptiviledgcs of tbc citizens of the said
county.
Art. sd. That the number of voter** at
the legal poll was but twenty-five, fifteen of
which were for Anthony Wayne, aud ten
were for jamei ja?kf»n. That the said poll
was held hy Hsuty Wright, Hugh grown aud
Langley Sryant, Eiquitts, aud the return
% thereof was doly certified. That the said
. Hemy Osborne, oot ignotant of the pre.r.ifles,
did make out a falfe return, augmenting the- .
amount to the number cigbtyrniue, feveu y
. nine for Anthony Wayne and ten for James
Jackson, the fame being sixty-sour votes more
than theiegal poll contained, and eight votes
more than the whole oumoer of the free male
iuhabirants of the age of sixteen aud upwards,
as will fully appear by the ceafus of the lame,
had and taken agreeably to law, within the
.. said county. That the laid Henry Osborne,
together with the said James Armfiroug and
Robert Seagrove, and Henry Wright and
Langly Biyin , Efq.uirea, did certify the laid
falfe return, as* the true and legal return foe
the eledion of the said couuty ; and did sens
the fatneas such to the Executive Department
of the fiate, thereby corrupting the very foun«
- tain of government. *■
■?„ Art. 3d.. That the said Henry
contrary to his knowledge of the law preferib
ing the times, manner and places, for holding
elections for members to reprefent"this fiate
in the Congress of the United Sraies, which
he was bouud to notice as a judge of the land,
and which law exprefsiy declares, that all tag
electors in each dififid, qualified to vote at
' eleftions in this fiate; agreeably to the consti
tution thereof, (hail convene at the usual place
for holding eledionsin the refpedive counties -
within this < fiate, and ballot for one perlon
-from amongst the people at large, qualified as
is therein after mentioned, to represent tbiu.
’fiate in the Congress of the United States, did
allow and admit of absent electors names, .
• being -set dowu to the said second or illegal' 3
poll, thereby setting an arbitrary precedent
unde • thccolourofjulice, which, ifcftablilhed
would subvert not only the liberties of the
people, but the com'Ron wealth itfelf ; as, out
the fame principle that one eledot mar vott;
by proxy; the whole rights of the communitjft
may be in like manoer delegated. ,
Art. 4th. That the said Henry Osborne,
having the Camden return in his cufiody and
charge, to convey the fame to the Executive
.Department,’ did likswife undertake to take
charge of and convey the return of the poU.
for the county of Glynn, with the said return •
for th - couuty of Camden, but having so uo*l
dertastu, »‘>id Henry Osborne did, coil*
trary to his facte j engagement and trufi, flip*
press, or cause the said return for the couutyr
of Glynn to be fupprefTed, either by detain*
■dag the fame or caufiug. it so to be done, by.
improperly traafnitting thereof, or by other
ciaadeltine means, with an intention of ite.
not reaching the Executive in due time; that
the said return for the county of Camden was
feuc to the Executive by the aforefaid Anthony
WayneYfervant, who received the allowance
by law for the fame, within the time pre*
fenbed by law, but the return for the county
of Glynn did not arrive until the time pre
ferred was past, to the manifefir violation of
the rights of the eleftors of the said county.
Art. sth,». That the said Henry Giß-brne,
in defeending from his said Office of Judge of
the Superior Court, to hold a fecoud or illegal
poll for the county of Camden, and in figni ag
the illegal return of the fame,' has aided par
tially and arbitrarily, in perversion of j jftice,
aud in dircit violation of his oath of office,
and hascomnitted rhe dignity of the
and has disgraced tho faered charader of x
judge. '
Art. 6th. That the said Henry Offiorne,
by the proceedings and con dud set forth in :
the foregoing articles, has, contrary to his
knowledge aud Oath aforefoid, been difgrace
fully 'liiftrumental in setting a precedent fur
-the fubverfiou of the government and the
tearing the fame up by the roots—the lives,
the liberties and properties of the good citi
zens of the fiate, depending altogether on the
freedom of their eledion of members to re
prefeat them, whether in the legislature of the
uaion or the legifiiture of the fiate; aud has
been also highly infirumeutal in fending on to
Congress a member who has not the free
voice of -the citizens of this fiate.’
And the said House of Representatives, by
protefistion, faviug to tbeutfelves the liberty
of exhibiting at any time hereafter any other
. accusation or impeachment againfi the fiid
Heiiry Olb true, aud also replying to the an
swer that he liiall mike thereto, and of of
fering proof* to the premifsi, severally or
collective!?, or of any other impeachments
or fteeufruoii* that lIIIU ue by Uu.n ezhibuetl.!