The Augusta chronicle and gazette of the state. (Augusta [Ga.]) 1789-1806, December 24, 1791, Image 1

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m m * # * * BaTURDAY, dumber 24, 179*--] IfHE AUGUSTA CHRONICLE I AND I GAZETTE of the STATE. < * *• * ♦ .. . ■ ■ 1,1 —~™* , " l .|- W 1 » —fc— mL. t „ 1 *• ■ ■ ■ : —————— I 111 r 11 • ' . . II ■ freedom of tin PRESS, and TRIAL by JUR V, kail remain mnoUtt. Ctnfthutin $/ G"r t u. Vug VST A: Printed by JOHN E. SMITH, Printer to thi State; PJJays, Articles <f ■ Intelligence, Advertifiments , (tic. will be gratefully received, and every kind of Printing performed'. * I B Bstr<i<3sfiom the Proceedings of fe the Senate. W: . l' - I Wtdwfcay, Dt<wbtr 1 4* y ■npHE Senate took up the repost of the f joint committee appointed hr both Baches to preserve hat moor» ao d pWR* out Kc nereifary forms to be observed at the trial KtLe impeachment exhibited againß the Hon. - ■HemyOfbutue, which being read, wasamcad- E, and is as follows: j That the Houle of Repicfentatives and St- Bate (hall arjouro on Wednesday to meet on i Kburfday morning, at 9 o’clock, the Senate Ijc theßeprefentative Chamber (being most Eommodious) and the Representative Houle ■a the Senate Chamber. The Ptelident ami Senate lhall be seated m ■front before the fire place, and their Sccre |Bta;y in front; the managers and Rate’s couu- Bfcl, with tables, pens, ink and paper* berore ■them, lhall be seated on the right, their clerk ■•['ending, The prisoner being called to the ■ bar, lhall be placed fcith his couulel to the lltft- The Senate being thus prepared, notice If. -11 be given to the Hon. the Hcufe cf Ke lp tefentative#; the managers (Tiall firfl Kaye ■ the Houle, and take their feats* and then the ■K' use, with Mr. Speaker at their bead, lhall ■ proceed in order, aud be seated to the right ■of the Senate and behind the managers. The meflenger of the s»enat* lhall drake ■ proclamation for fileW;, and that the Senate B ar * ready to proceed to the trial of the Hod. ■ Henry Oiborne, who Rands ipij cached di- I * e,a hjgjj crimes and mifdemcanors. The Secretary shall then uad the articles/ ■ and answers tl ereto. I The President lhall inform the managers I may proceeds Evidences to te fwprrf, cautioned and et ■ tunned, in front. 1 ; \ Should «ny queftien arise, Which the ma- I th,nk nec * ff * r r take the opinion of ■ the House of Reprefenlativea thereon, the I House Ihajl retire, and the trial Rayed until I the lame be had. I *k’ lhe r ° om t 0 m *^ e 3 * convenient as pof- I tL t 0 aß s° miao<s * !e sttending citizens. I . 116 meffeuger and door-keeper to prepare c rooms this as ernoon, under the direttion* I « the jotnt committee. T , rw Uaj, Dtcmltr If, I of,/?« Beorr ClborM attended the tat «“ Houfc of Rrprefenta- J,, by informed .keieof, ;■ % M'- Jtctfon, Mr- Waldbur “d Mr WaUrtr, “>« com -01 bC cle of Reprcfcntativu, ffwSinr?* “" od,d - Tbe H ° n Eeprefent r^ d ' bc Memb «" Honfe of for MooS",/'' S ‘* kW ” J 0 "“> co ’“ fel ’ *£2" S “ Ui,,a ’ Mr. Stl.il and kori*. ’ b fn 6f c.onf,l foe Mr.-Of. »na«nfw«r. b •tkueieiiti omK* , erer * and on hearing Jf “* fieoitt in h ,hi P ea r 6,,<l 10 lh * » uriW *fe°t» theheuu ,ht lue<,i,on1 ue<,i , on jwueiftidn in this ctf# } Xi was GEORGIA if •■ « * * x \ • ‘ • t unanimouflv determined in tbe affirmative; ' f Whereupon it is Ordertd, That the said plea be over-ruled. Friday , Decmber id. ’ ,Tbe Hon. Henry Osborne attended the bar of the Senate, and tbe commidioners, law officers, the Hon. the Speaker and Members of the House of Reprcfeqtatiyes also attended. Mr. Jones, counfcl for Mr. Offiomc, pro duced the following affidavit; The Hon. House of Reprefentativee, Sect agaiuft , The Honorable Henry O'ftjorrie* . - HENRY Osborne, the defendant,,’ beinjf duly sworn, faith that james Moore, Laogfy Bryant,'’ Thomas Norrie, Henry Wright and Hugh Brown, of the county of Camden, Col. * —— Btannum, Lieutenant-Colonel £arr, and Dunlap, of South-Carolina, arc the moftmaterial witue Res for him, on the trial of the fix articles of impeachment nr ft Exhi bited against him ; that he hae used due dili gence, and all legal ftepe iu his power to pro cure their attendance at this place by this day (as also the attendance of his other witueffei) neither of which before named witnelfes as yet attend, and that without tU benefit of their teftimooy (in particular) he cannot with fafety proceed to trial; and expels he can have them, or most of them here, if a rea sonable diflant day i* afforded him for that purport. Arid the ceponent further faith he *e ' rily believes he couid not, at tbis time, with te fpeft to those fix firft have a fair trial, on account of a publication It| the Savannah and Augusta prints, figued “ James Jackfou,” accompamd with a number of rx pa f t( affida vits, rela.ive to the matter contained io thole articles.: AH which be verify believes were " purposely publilhed a D d dispersed through the country, by the said james Jackfpn, with the intent of irritating and prejudicing the F ub* lie mind, and further he is certain it has had and produced those effeas, whether publilhed . with such intent or not* * Sworn m Senate, De* > 5. 05BORNE. ctmfeer 16, 1791. J ( Thomas Wat!ans % Sec’rjr, \ And moved that the trial of the fix firff arti cles of impeachment be poflpoucd ; and that he was ready to go to trial on the second ad ditional article, provided the original warrant ; anu.affidavits.be produced. -Mr. Jacklou, on the part of the commis sioners, produced the following affidavits : ABNER Williams being duly fWorn, mak . oath, That he has examined the lift of evi- • deuces for whom fubpeenas have iiued, and that, of that number, William Drue, Ramp Tbomlon, Francis Franffiaw, and Dor tel, to the befi of the deponent’s infoiruation - and belief, are refidems of East-Florida, and fubjeHs of the Spauiffi monarch. That— Maiburgb, James Aichen and David Garvin, are reputed to be, and in the belief cf the de ponent, are Creek traders. And that Chrif topfcer Stahell, Nicholas Veftor, Cnftopher Geimain, ——— M'Lane, Thbmas Little, Salyer Morrell, William Jiihafton, J«ob Mil . Jacob Myclifer, jun. Robert Biaver, John M‘Mullen, John Flood, John Flood, jmi, Ben. Rogers, Peter Laofber.y, John Taylor, Jonathan Huut, Fbilip Hunt, Levi S c .,ffvl, Robert Gray, Nat. B* ruel, Allis WiHe«, rnuci Uucb, —Jtiddait, wmt ciebc s dot ’f S • * [VoI.YI. Not OCLXXII.'I ■,A . • ' I in the county, or not entitled to vote therein fi tb« time of the eletiion being held. - Sirota this idth December, 1791, before ,THO. WATKINS, J.P. THOMAS of the county of Cara» ’ dco » being duly firoru rnaketh oath, That he has examined the within affidavit, and that the two former parti of it, Ip far as it relate* to the pet sons being thete mentioned as being * residents of Eall’-Florida and Creek traders, are true; and that as to the la ft part of the * said affidavit he can fay nothing, not being ac quainted with such perfonsj although he ha# resided for some years pad in the said county. Sworn this 16th December, 1791, before . THO. WATKINS, j.f. ABNER Williams, Representative for th# county of Camden, being duly sworn faith. That Thomas Nonia, one of .be evidence# sworn to by the H>n« Henry Osborne, as t material witnefa, intormed t»e deponent that he was hot present at either of the elections fo# a Member to Congress on the third day of January last ; and that the deponent did not fee him at the fame, altho* he was present tb# whole period of the fiift election. # Sworn this i6‘ h December 1791, bef-r# , . r ... THU WATKINS J. f. And op hearing arguments on both flder, the Brifident pi# the following quefiion : «* Bh*H 9 potlpooment lie'granted in this catfe, until Mouday next, to o'clock ? w And rt was <fe4 ter fumed in the affirmative. > Monday, December ijf, THE Aiticles of Impeachment, gfeai, arid fwe;s, replication, and rejoinder, were read.' Mr SolicitorGereraJ Noel oper,e.Uhe cause, proceeded and read thv Ad of Affembf/' paded the Bth December last, entitled »< Ail “ A& piefcribing the time, manner and place# V. ui holding eledions far persons to represent *« this Bate in the Congiefs of the United “ States,” which he read, and offered an Os« ic£copy of the return of the Camdea county > idturu of eledion for t Member for thd , Lower Ditfrid to Congress, in which beiug objeded to, arid after much art gumem, waa ordered to be read. £For ths ic urn, sets our paper of the sth ult.} Abner Williams, a witness, called and sworn on behalf of ih* proflcution/ faith, That 1. he wac at an eledion held in Camden county, on the id,day of January 179!, for aMe n* ler to Congress, when the votes were counted^ : 15 for Anthony Wayne, and 10 for Jama# ? Jackson, and that the poll was closed about fuufet, and figucd by Henry Wrght, Hugh’ Brown and Langley Bryant, the presiding ma« giftrates The poll waa Opened in the foreS. noon, does sot kuow particularly whether rt was clear, but remembers it was generally agreed by the people that the fun was iit : * He hard about halt an hour as er, and He ji*v Uib »rue, had nor arrived when he left the ground. He fays he was not present at aojr fkcond election nor did re:urn next day—Ute lived seven years in the eonmy, and that there were not more rtrm 2/ voters at the eJedion. On' cr'tf* effaffiioation he fa** I 0 voted a# the eirdioo, and tha there wffre about $0 of 60 ."oieea in Carudsn county,' at thit tlmcf, whs generally alien'd at ifirt ele lion* 1 bit if all the people who appeared that d y >.a.£ voted, they would nut ex.ced 40, m his u^h