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For SATURDAY, February2 B, 1789.
GEORGIA STATE GAZETTE
OR
INDEPENDENT REGISTER.
FREED OM of the PRESS, and TRI A L b r JURY, to remain inviolate forever. CcnJtUuHon ./ G,.r,U. -
AUGUSTA: Printed by JOHN E. SMI TH, Printer to the State-, Mays, Articles of j„ te m.
gence, Advertijements, (Ac, will be gratefully received, and every kind of Printing performed.
In C O U N C I L, February 26, 1789.
THE petition of Henry Osborne, Esq.
against the legality of the eledion held
for the county of Richmond for Representa
tives in the Congress of the United States,
being read and taken into consideration, it
appeared that the said petition was founded
on three affidavits which it enclosed, the firft
of the Honorable Jacob Weed, Esq. a mem
ber of this board for the county of Camden,
the second of the Hon. Rheny Fitzpatrick, Efq*
also a member of this board for the county of
Greene, and the. third of .the Hon. Middleton
Woods, Esq. also a member of this board for
the county of Franklin, the two firft dcpofin;»
that-they had made a tender of their votes at
the said eledion, and were refufed by the pro
dding Magistrates, and the third deposing
that he also fliould have offered his vote but
on account of the rejection of the two firff.
The petitioner attending was heard on the
fubjed and objeds of his petition; and con
tended, that, as the votes of the fevcral per
sons were refufed, a great number of others
might have been deterred, the said eUdiou
ought to be -considered as illegal, and, Gird
ing to the prayer of his petition, dismissed the
files of the Executive. In support of this he
alleged the 9th article of the ConOituiiou,
That, besides, if it fliould be considered that
the power did not lie with this board to deter
mine finally on the eledion, and that it ought
to rest on the sth fedion of the ift article of
the Federal Conflitution, the board ought not
now to proceed to make up the official return,
ieveral counties not having yet made any, and
it not appearing to the contrary but that thev,
like others, have had elections. And in sup
port of this he alleged that there was a ma
nifcft diftindion in the law which fays that the
Magistrates lhall make return of such elections,
sealed up to the Executive, within fifteen days,
and the adual delivery; and that, therefore,,
it was to be underflood, that the two days
allowed for opening and examining the fame
ought not to be considered as immediately af
ter the expiration of-fifreen days, but after alt
returns of the county eled ions should be made.
Mr. Stith, on behalf of the return for Rich
mond county, attended and was heard. He
obieded to the jurifdidion of the board, in
exercising the right of determining on the said
return. But said, that, admitting the Exe
cutive fliould determine on the right of adju
dication, that no corruption or illegality ap
peared by the fliewing of the petitioner j for
that the deponents being residents of other
counties, aud merely in this as Counfellois
of State from them, the rciidence of tiie go
vernment, they had no county right, as voters
in it, and quoted the 1 ith article of the Con
stitution of this slate j and, therefore, the re
jedion was proper.
The foregoing statement cf this case being
made, and agreed to be right, it was then
propounded from the chair, that the firft que
stion which presented itfelf for confideiatiou,
was, what ought to be the determination of
the board as to the jurifdidion, in cases where
evident illegality appeared i
And the fetond, whether such evident ille-.
£»lity does appear iu this case i
Ou motion of Mr. Booker, seconded by Mr.
Frefident, it ia ordered to poOpone the fi:ft
proposition in order to cake up the second.
Bcloie the qeeftioii being put the Governor
r«)ig leqtiefled to give his opinion, hi laid,
that he had always doubts, under the letter
of the Federal Conftitti'ion, whc the ha e.
would divide itfelf into riiftricts foi elections
of Reprefematives ; but as the Legiilaiure has
determined in the affirmative of it, and the
slate accordingly divided into three; it frirclv
is to be concluded only to be. lawful for reli
dems to voteiatheir icfpeftive diitiifts; and.
the reasoning against members of Council for
other counties voting in this, during such
their attendance, on the. public business, s
good and conclusive, and comes within the
' i ith article of the State Constitution..
The counties theu being called, on the
quefiion whether evident illegality
in the-case of the petitioner, anfweredas fal
lows—
Yes. No.
Effingham. l
Burke j
Richmond i
Libert, divided ??'• man > V *‘-1
Mr. rtvy, No, \
Glyn ,
Camden X
Washington Do. r ‘ Williams, Yes. )
& Mr. Irwin, No. y
Greene I
Franklin |
i 6
It was then farther propounded from the
chair, oil the fuggeilion of the petitioner,
whether farther time could be giveu by tins
board for leceiving iciurus of the deficient
counties : When n was unanimoully carried
in the negative.
Ordert.d % That these proceedings be pub.?*
hfhed.io the Staje Gazette.,
Exijraufromjbe Minutes ,
J.. MERIWETHER, & E^C.
In-C O U N C I L, February 27, 1789,..
On readmg the; m.nutes, it was moved by
Mr, Lyman, seconded by jVr. Weed, time
the quefiion taken yerteiday, “ whether fur
ther time can be given by this board for te
ceiving returns of the deficient counties,” be
reconsidered :
No. Yes.
Effingham 1
Burke l
Richmond 1
Liberty ,
Glyn Divided ns > es - ?
Mr. Hillary, No. 5
Camden 2
Wathington l
Greene l
Franklin 2
4 4
The counties being equally divided, the de
cision of the quefiion remained with the chair.
From whence it was observed, that the advo
cates for the reconsideration firongly contend
ed on the important rights of eleftion, that
four counties being absent, it was matter of
serious consideration how far this board could
by an aft of adjudication of theirs, deprive
so many citizens of their fufTragcs upon this
occasion; and various explications were given
of the letter and meaning of the Jaw.
And by thole oppoied to the prefeiit que
fljou it was equally urged, that the Utter of
the law had been in the fiiA Manet (artfully
•tarn ned, and that the day of the s6ih M,
the
CVol. 111. No. CXXVI.]
was unammoufly considered as the last day,
exprelTed and intended by the Aft; aud that*
ibeitfo’C, the prelent quefiion, being brought
loi ward on a day poflerior was not in order.
With refpeft to the arguments on one fide,
it ought, in the firfi inflame to he promptly
ami cheart 11 liy admitted, that the rights of
e eftion are the great, palladium of a fieepeo
ple : but in ad cases, and in all c -mtries,
they mult, as in the prefenr, in point f time,
manner and place, be regulated by law. Thia
case, therefore, mtiA rest on the law, and not
on an aft of this board, on greater latitude
thau is given by the law; and if, by the judg
ment of this board, the original quefiion can
not be reconsidered, the privation of eleftiou
. tights is not afcribahle to any act of this
board, but to that of the l.egifi a »ure. Lee
it fpeA for itfelf It fays, “ The Magift rates •
holding the eleftion in each county fl>all with
in fifteen days make a return of the number
cf perlons voting, and the perfoug voted for,
sealed up, to l.e Executive, wlio.ihall within
two days thereafter count the number of votes
and certify the peU«u having.the highest num
lier.of votes in the diftiift*qualified as before
laid down, and having the highest poll nd
number of votes throughout the state, to be
and they are hereby declared the Repreieu
tanves of (his state in the Congress of the
United States ; which his Honor 'the Gover
nor fiiail notify by Proclamation and infor
mation to the perfous elefted. And in case
of lefufal to serve, or negleft of notification
of acceptance to his Honor the Governor with
in ten days alter due notice given, his Honor
the Governor (hall order a new eleftion to
be held 111 like manner a a pointed out in thia
Aft.”'
“ And be it farther cjufted, That if any
of tht.coiwrics within the refpeftive dirtrifts
ofiius ftite, (liaUnrgietf or refiu/e to hold the*
eleftjons for the Re.prelentatives as heretofore
pointed rvt % that then and in s uc h case the
counties so proceeding to elect and tran/mit*
ting then returns, Hull be confidere'l as hav
ing completed the eleftion, and the persons '
so cliofen by luch counties having the highest
number of votes, that is to fay, one candidate
being an inhabitant or resident in such difirift
finll be deemed and accepted as the Rep:e
ientatives for the rtate in the Congress of the
United States.”
And upon th;fe two parts of the law, and
which are the only ones which refpeft the
prefeut quefimn, the Governor further ob
fei ve.=, that it enacts, by literal expression,
that the Magifi rates (hall within fif Ue n day.
make a letum, and that within two days
thereafter, the Executive (hall proceed to
count, and the Governor notify and inform.
The fifteen days from that of the eleftion, ex
ciufively, expired on the 24th. and the wo
ciays on the a-'th, the day of the proceeding,
the object of this difeuffion.— That, with re-
Ipeft to the other, or providing part, it also
fays by literal expression, that in case any
counties fliall neglect or rtfuj't to hold the
eleftions, as pointed out 1 1 that thecounnes so
proceeding (hall be considered a. having com
pleted the eleftion. *
Nothing ran he more explicit 5 nothing can
be more direst \ and if the letter ia to be the
only rule ul uur dccifinu, and not a vague or
convenient interpreter: iof it, the Executive
| By timing and transi ting ,