Newspaper Page Text
■|Binft him, as the case (hall, according to
*g Ic custom and usage of legiflatuies, requite :
- Bd the* pray that the laid Henry Oll.irne
f »7'be put to answer to all and every of the
■IRd articles, and may be committed to lecu
m By » aod thar such proceedings, examina
lons, trials and judgments, may be upon .A/*,
. Bid and had a* is agreeable to law and justice.
ft Ex trad from the Journal,
If Tcft THO. WATKINS, Sec'ry.
\fakufe of Saturday, Nov. 6.
f A true drdpy.'
J. M. SIMMONS, C. H. R.
I Whereas the Hon. the House of Reprefeo-
Htive* by their commiffioner# have exhibited
Bertain articles of impeachment "agait ft the
■on. H* Osborne.
I Ordere J , That the fame he filed, and the
H. Osborne, required to attend at the bar
Bp the Senate bn Monday iaVclock, to hear
Hie fame read.
Ordered, That the House of Representatives
Be by meflage informed of this, ptoccJure.
BBk ~ ■ . 'A *-" * • y
Monday , November 28.
Mr. jackfon, Mr. Waldburger, Mr. Tat
wall and Mr; Walker, the commissioners of
Bhe House of Representatives, having been in- ■
■oraned that the Hon. H. Osborne would be j
Bt the bar oftfie Senate this day at 12 o’clock,
Butnded ; and agreeably to the ordir of Sa
■eurday, Mr. Osborne appeared arfhe bar of
■the Senate, when after the articles of impeach.
■Xhent wire read, he was asked by the Prefi-
I dent, What he had to fay ? It was replied by
P$ Ptfr. jones, hie counsel, That he could plead i
I Generally not guilty ; and retpieffcd a copy of [
l me articles exhibited against him, which was
Bordered accordingly. Mr Osborne was then
racked by the Piefident, “ Are you now ready
Ith answer ?”•—replied by Mr. Olborne, “lam
i ltot,” and moved for a day ; and upon argu- 1
I ment, it was ordered, That the said H. Os-
I borne do put in hisanfwer to the said articles
Ejjtin Saturday next, before the adjournment of
I the Senate.
■ Mr. jones, of couhfel for Mr. Osborne,
h delivered a lift of the following persons to be
lljubf Gened, vik; Robert Forfyth, Samuel
Ijßtirk, Richard Leake, James Spalding* Alex-
L ander J. Spiera, John Scott, Daniel 1 Miller,
■Samuel smith,;- Douglass, «■ Dorrel,
■Christopher Hahell, John Flemmiug, Tobias
■Lufingburgb, James Woodland, Nicholas Vrt
■tor Malbuigh, Hefiry, Christian Ger
■main, Henry Wright, M*Laiu, Wil
lliam Jones, Thomas Little, Thomas Bafiett,
■Jacob Townfhend, John Dayley,-Archibald
■ . --- # John Bingham, Robert Selgtove,
■ Alexander Semple, —— Potang, Salyer Mor-
I rell, William- johofton, Allen Thomas, Alex-
I ander Yonug, Thomas Wright, James Moore,
I Allen Regan, Daniel Touchstone, Philip Good-
I bread, Janies Gray, John Eafton, William
I Simpeder, William Niblack, Drury Fort,
I Willeder Williams, Jeremiah Teat, Robert
I Harris, Jacob Mickler, jun. Robert Brewer,
I John Crawfort, Robert Bolton, Langley Bryant;
I James Belvin; Richard Stephens, Jacob Clark;’
I Daniel Mcffett, Hugh Brown, John M‘Mul
[ len, William Due, Ralph Thompson, James' j
I Aiken, David Gamin, James Belly, John
I Smelling, Peter Belin, William Reddy, Tho
( zaas Lamb, Ifham Spaldiug, Robert Stafford,
I Thomas Stafford, John Young, james Nelson, '
James Anderson, John Flood, John Flood;
I jun- Francis Ftanchard, Benjamin Rogers,
Peter LanfoePry; James Vincent, Wa
terman, Andrew Douglass, Thomas Norris,
Gjeorge Woodland, James Woodland, jun.
Robert Taylor, William Taylor,-John Taylor,
William Cryer, Jonathan Huht, Philip Hunt,
Levi gcoffell, Robert Gray, Nathan Palmer,
Ali Miller, Samuel Clock, Randal.
Mr. jackfon, one of the comtaiffiouers,
moved, That a day be affigued for the trial
of the impeachment against the Hon. Henry
Osborne; and upon argument, Ihurlday, the
jeth December uext, was assigned according
ly. Mr. Osborne then had leave to retire.
A message from bis Excellency Gover
nor by his secretary, Mg iu the
‘ words followings via.-
STATE-HOUSE, Atsgufta, Nrv . ay, *7^**
Ordered, That the Department of Attorney
Geoeral be furniftied with a certified copy of
the message and refolvi of the Honorable the
,eiute of the 241 b ioft. concerning the im
peachment of ibe Hon. Henry Olbor.ti, oue 01
the judge* ol the guptiior Court of this fiat* j
«od that the said detriment, or cubit of
them, do give a legal opinion in the premises,
at or before 10 o'clock ro-morrow morning.
Arieft. J. MERIWETHER, S. E. D.
State hoafe, Nov. 26, 791.
The department of the Attorney General,
in conformity to the order of yesterday, fur-
QUhed the following opinion. • .
In Ojfict, Augusta, Nov. t 6, 1791.
~ SIR,
_ . 9 »
On the fubjeft referred to us yesterday, by ,
."your Excellency, dating the impeachment of
the Honorable Henry Olborne, one of the
Judges of the superior Court# of this state,
we beg leave to fay, that we deem it, in cases
of this kind, the duty of the Executive de
partment to perform Tuch requifitiops as the*
Senate, which body bath the foie power to
t ry, may mike, not repugnant to the Confti
, tution ; and of course that the Executive will
in this, anil all other like cases, fufpeud and
r -sequester from Otfice the perfjn charged, until
L judgment may be awarded by thf'Seuate.
We have the honor to be, with esteem and'
■» 9 %
. refpctf, your Excellency’s mod obedient
fer vasts,
THOMAS P CARNES, An. Gen.
JOHN Y*. NOEL, Sol. Gen.
r The communication and refolutioq of the
; t Senate of the 24th iuft. the Executive order
of reference to the depaitmetit of the Attor
j ney General, and their opinion, being taken
.up:
Refolvedj That the Honorable Henry Of
borae be, and he is hereby suspended and se
questered from his office, until judgment in
; the case of his impeachment now pendingbe
| .fore the Senate, may be awarded.
I’ Attest J. MERIWETHER, $. E D:'
Ordered, THot certified copies of the fore
going proceedings, in the case of Henry Ci
borne; Esquire, be laid before the Senate; ~
; and that the said Henry Olbotne, Esquire, be
: fcrVed with cert.fi:d copies of the fame,
Attest J MERIWETHER, S. E. Df
Saturday , D'eceriißer 3.
. Mr. Jackson, Mr. Waidburgcri Mr. Tat-
I nail, the commissioners from the Haufe of Re
presentatives, prefeutvd a fubpeena for Doftor
’.john Scott, a witness in behalf of theprofe
i cution of the impeachment of the Ffin. H.
• Olborue, which was signed by the Piefident.
The commissioners being by the Secretary
i informed that the H3n. H. Olborne, agreeable
| -to the order of the ultimo, was about
i to put in his anfVver to the articles of impeach
> ment exhibited against him by the House ‘of
Representatives. attended ; and Mr. Seaborn
Jones, of counsel for Mr* Olborne, prefeuted
the ple4 or answer, which was read, and is
as follows :
• The Plea or Answer of Uifiry OJlornt to the
Articles of , Impeachment preferred against
hsm by the Honorable the Houje of Reprefn
tat vies of the state of Georgia, to the Ho
norable the Senate.
THIS defendant nos confeffiog, but by pro
teftarion denying the truth of all or any of
the articles preferred against him, and
and reserving to himfelf the right of making
| such other answer or aufwtrs thereto as may
f be neteffary from time to time, DOES ap-
I pear and deny “the j»<rifdift‘Oii and p 'wer of
the Honorable the Senate of ti.e state as Geor
gia to take farthercogoizance of the fame
ift. Beuaule the said articles'charge him
with holding an illegal poll f>r a Member of
Congress for the House of Rcprefematives of
the United states, which can only be adjudged
of by chat House, agreeably to the sth fetfiun
: of rtic ift article of the Fe teral Conftinuion,
and not else where •
tdly. The House of Repre'entaves of the
United States having foiely and exdufively the
right to judge of me eieftioas, rctfirns and
qualifications of it# own meinber#, m«y de
termine in tbi# case as they uuy think proper.
Until such dc erraiuafiou he cannot by any
other tribunal be legally compelled to anl wer
for that eletliDn : If they declare theeiecliou
to have been illegal,,they'mad order the per
fans couieruei iu such an illegal ad to be cri
minal! y profecutei in the Federal Court,—
against which, any impeachment in the state
legitlatuie cannot be pleaded in bar, wbt eby
he may be twice put in jeopardy f A 00s and
the fame offence.
jdly. Because no crime ii aUcdgc J to have
been committed by him iu an official capacity ;
without which, had the senate otheiwile a
right to diiinnUt, ** can be
I
fuffaioerf under the 9th feflion of the iA atil*
c!c of the c mtfitution of nis Aa.e.
4th!y. Thit if any criminal act hat hec<l
committed y him igainA the laws of thit date,
the fame cau oul* be cric>« in ihe c tun y whc c
such crime it alledgcd to have been d me,
agreeable to the 4th fcftion of tue 3d article
of the couftitutiou.
sthly. A judge or other person in offi.e
cannot be legally impeached but f.»r offence*
committe I in an official capacity ; for ihould
a person in office kill a min, would the senate
try such person by impeachment for the ho
micide i
6.hly. If a crime was or should be commit
ted by a person in office, and not officially,
such crime can only be tried by a court and
j iry, agr ctably to the 3d lection of the 4cfc
article of me conAitucion.
, H. OSBORNE.
Saturday r Dec. 3, 1791.
Ordered , That the fame be filed, and that
the commiffi >ners and law offi.eca be imme
diately turuiihed with copies thereof*
IVtdntjdavy November 7.
A -metfage from the House of Rep'reienta
tivea by Mr. Simmon*, .their Clerk* in the
weird* following:
The coimniffioner* appointed on the part
of the House of Keprcl'entative* to conduct
the trial of the Hon. H. Olborne, ou the ar
ticle* of impeachment exhibited by the House
againA him, report—That on Saturday last
they attended at the bar of the Senate to heac
the plea or answer of the said H. Olborne t«a
the laid article.* : nit doib ing the de
termination of the Senate or their justice there
on, recommend the following rcfolucion:
Rejoived , That a demurrer to the i.npeach
meut of tine House is a demurrer to the mod
valuable conllitutional privilege thereof, and
a direct attack on the juttice of the collective
boJy of the Whole citizen* of the state, who
haye impeached one of their great officers of
high enmes and mifdemeanora, and who
cannot be otherwise legally difeharged there
from but by due courle of trial for the fame.
That a demur to the jurifdiftion in cases of :
...impeachment is unprecedented, and oughc
uwt to be permitted s this House being the
proper and ouly judge, where an impeach
meut ought to iay t and the Honorable the
senate being the only and proper body com*
j-pccent to try the truth thereof*
The commi dinners further report, that in /
confecjucuce of the plea or answer of the said
H. Olborne they have, with the law oJicers,
prepared the following Replication, which
’ they submit to the better judgment of the
H mfe.
The Replication of the Honorable the House of
' Representatives of' the State of Georgia* in- '
b.balf of tijemfelvei and all the citizens 0/
the said Jiute. to the Plea or dn.vter of tbe
Honomble Henry Ojbornt t one of tb * Judges
of the Superior Course.
THE said H >ufe 01 RepreAmtativek, in be
half of themselves and all the citizens of the
said ltate, saving to themselves, as before,
the liberty of exhibiting, at any time here
after, a.iy other accufatiou or impeachment
againlt the said Hfciiry Olborne, and also
saving to ihemleives the right of making luch
other aufwer or answers to the said plea or
answer of the said Henry Olborne as may be
ueceffary, 'and also of offering proof-* to the
premises severally or coltedively, or to any
other impeachments or accufaiious that lhail
be by them exhibited againA him As to the
fit it plea vsf the said Henry Olborne, by pro
tcfiatiou pleaded, they fay, That the articles
of impeachment by the House of Representa
tives preferred agaiuA the said Henry Olborne,
one of the Judge* of the superior Courts as
aforefaid, and the matters therein contaiucd,
arc true, and that the said Henry Olborne is
guilty thereof, and this they arc ready to ve
rify and prove before the Honorable the Se
nate, (who have the foie power to try im*
peachmeuts} at such time, and in such man
ner, as by that " Honorable Body may be
awarded.
Aud at the feeond pita by tbe said H.
Olborne pleaded, they fay, that the laid Hcu
ty Olborne is well chirged in his official ca
pacity—lnst tbe Honorable the Senate of the
ltate of GeOiguhath full power and authori
ty to take cognizance of, aud tiy sod deter
mine upon the truth of the said articles of 1
fuipCiciwitJt shave cantoned sgamA the said
