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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 ,