Below is the OCR text representation for this newspapers page.

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.!