The Georgia state gazette, or, Independent register. (Augusta, Ga.) 1786-1789, February 28, 1789, Image 2

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fare sot the alternative proposed by this day’s question. Were it necessary it might be added, that there appears to have been the most urgent veafoo and policy in favor of the terms of the law* A great revolution having taken place in the government of the United States, by the original consent and after adoption of this fate, it was surely an objeft of the highest concernment to its future interest to have its Representatives in the Federal Government at the commencement of it; and, therefore, it was necessary so to word and regulate the law of election to reduce the appointments to a certainty.—And that, with refpeft to the four absent {counties, they are placed in the fame point of view, as all laws place default ing individuals, Suffering by their own ne gleft. On motion of Mr. Booker, Seconded by Mr. Fitzpatrick, it is ordered that the pro ceedings 'of this day for reconsidering, &c. be also published in the State Gazette. Extrafl from the Minutes, }. MERIWETHER, S. E. C. In C O U N C I L, February 28,1789. The following protest was received and en tered this day at five o’clock in the evening : We the under-written members of the Executive Council, do solemnly protest against the proceedings of the Executive of the 26th instant, founded on the question in the follow ing words : “ Whether further time can be given by this board for receiving the returns of the deficient counties.” ift. Because this state consists of eleven counties, and seven of those counties only have made a return of the elections held in each on the ninth instant. ad, Because this hasty proceeding in the Executive of declaring the names of the Re presentatives elefted by the freemen of the Rate of Georgia may not be true % as the re turns are not complete; nor i» this board authorifed to make the declaration until all the eleftions should be returned, or a certifi cate that no eleftion was held. 3d. Because the Aft of this state, entitled, 41 An Aft for appointing the time, manner, and places of holding eleftions for Represen tatives in Congress,” exprcfsly declares, that if any of the counties within this state shall negleft or refufe to hold the eleftiOn, that then the counties so proceeding to elect and tranfmittmg their returns, (hall be deemed as having completed the eleftion. By which Law it plainly appears, that only in case of refufal or negleft, could the Executive declare the eleftion final and complete; no vouchers have come forward (hewing such refufal or negleft ; but, on the contrary, it is notorious that the counties of Greene and Franklin have elefted, but have not tr&nfmitted their re turns. 4th. Because the said Aft did appoint the ofikers before whom the eleftions (hould be held ; therefore any negleft in those officers ought not to be imputed to the counties, nor ftiould that negleft deprive the people of their votes. sth. Because the returns from those coun ties may have been withheld by detign ; it was therefore the duty of this board to make the enquiry, and be convinced before they determined. 6th. Because if a returning officer ihould not be pleased with the poll, he may suppress the certificate; no measures having been taken to compel a return, nor is there any penalty infiifted on the officer; thereby eftab i thing a dangerous precedent, by leaviugthe votes of a whole county in the power of the individual. 7th. Because the citizens of the counties of Franklin, Gteene, GJ)b, and Camden, are by this order deprived of their fuffrages for Representatives to the Congress of the United States; a deprivation we cannot help couli dering as untotiftitutional, unjust, and an unwarrantable infringement of the rights of freemen. JACOB WEED, Member from Camden . El IHU LYMAN, Member from Liberty • EmrnG from the Minute /, J. MERIWETHER, 0. E, C. NOTES by the GOVERNOR. ' No. z This article goes to the law, and not to the execution of it. No. i. A proceeding cannot be called hafly , which had been the result of much dis cussion from the day of the firft. proclamation on it, to that of the last : Nor can in execu tive art on a law be said to be so, after the time for its execution expires. No. 3. The fubftancc of this article is conformable to the law ; a comment on the conclusion is unnecessary. No. 4. The law made no diftinrtion be tween the counties and its returning officers ; if the latter arc faulty, the gentlemen who protest know the tribunal for puniflung cor ruption. No. 5. It is notorious, that, within the seventeen days, upon the chair being filled, everyday of Council, the firft question was, what returns have come to hand. Those which did come to hand withia the time pre scribed by law were arted upon, and the board was convinced that none others were trans mitted agreeably to the intentions of the Art. No. 6. It was, ntoft probable, the fear of some undue influence, or interposition, that induced the Legislature to provide, in cale of returns being withheld or interrupted, that we ftiould not lose our representation in the firft Federal Congress. No. 7. An equal zeal for the rights for the elertors of Richmond is to be regretted ; but the privation mentioned in this article is acknowledged to be an infringement of the rights of the people of at Icaft one of the men tioned counties ; and it is earnestly recom mended to them to inquire fully whence the injury originated* GEORGE WALTON. Council Chamber , id March, 1789. AVGUSTA, Feb. 28. GEORGIA. By His Honor GEORGE WAL -1 ON, EJquire, Captain Gene ral. Governor and Commander in Chief m and over the said State. A Proclamation. WHEREAS on the twenty fixrh day of February inftatn, the Honorable the Executive proceeded to open and examine the returns of elertions for Reprefentativesof this slate in the Congress of the United States* when, after counting the votes from the coun ties of Richmond, Wilkes, Effingham, Cha tham, Liberty, Burke, Waftiington, (the counties of Glyn, Camden, Grcene and Frank lin not having made any,) it appeared that the Honorable Mathews, Esq. was duly elected and returned as a Representative for the Upper or Weflern Diftrirt, the Honor able Abraham Baldwin, Esq. was dulyelerted and returned as a Reprefeutative for the Mid dle or Center Diftrirt, and Brigadier-General James Jackson, was duly elerted and re turned as a Representative for the Eaflern or Lower Diftrirt. In obedience, therefore, to the Art “ For appointing the time, manner, and places for holding elertion6 for Represen tatives in Congress” and by and with the ad vice of the Honorable the Executive Council, I have thought fit to issue this my Proclama tion, hereby notifying to, and informing the said George Mathews, Abraham Baldwin, and James Jackson, of such their elertion as Re presentatives to the Congress of the United States ; and farther, requiring that they fig nify their acceptance or refufal of the said appointment, according to law. Given under my Hand, and the Great Seal of the Jaid State, in the Council Chamber, at Augujia, tbit t>wtnty-fe •ventb day of February , in the year of our Lord, one thou/and , Jensen hundred and eighty-nine \ and of our Sovereignty and Independence the thirteenth . . .. fI CEORGE WALTON. By bit Honest Command, JOHN MILTON, Secretary » GOD SAFE THE STATE. | On Saturday the 21st inst. the Coroner's In quest fat on the body of Mr. Gilbert Clark, of this county, then lying in his waggon on the ro3d, near Col. M‘Nicl’s at the Kio kies. Who on examination found, that he was struck three times, in consequence of which his skull was broke open in three parts, as was also the left temple of his head, and the left jaw bone. Whereon they gave it as their opinion, that he was murdered with an ax, by the hands of his waggoner, a Negro Fellow, named Sampson, who was the only person that was in company with him at that time ; who a few minutes previous to the fitting of the inquest found means to escape, and being pursued was come up with the ensuing day, but refufing to furrenderand making resistance he was instantly put to death. Five Guineas Reward . On the night of the 27th inst. the iubfcriber’s (hop was broke open, and the following watches taken: One Gold French watch, maker’s name, Grey fon, a Paris- One silver do. Win. Rumfey, London, No. unknown. One ditto, Webster, London, No. 2554. One ditto, Wm. M‘Fell, London, No. 6039. One ditto, Ths. Garner, London, No, un known One ditto, name and number unknown. One Pinchbeck, J. Wood, London, No. 2823 One Pinchbeck Case. The above Reward will be given to any person or persons that will apprehend the thief or thieves, so that he or they may be brought x to punilhment, and the watches recovered. THOMAS BRAY. Feb. 28, 1789. To all concerned\ T.H E following places and persons are ' appointed for the reception of the fpe cific taxes for the year 1788. Mr, John Garrett, in Augusta ; Mr. Wm. Gardner, at Lewis Gardner’s, Esq. Kioka; Mr. John Martha!], at his mill, near Brownf boreugh; Mr. Thomas White, at Wrightf borough; Mr. James Simpson, at John Wat ■ son’s mill, on Sweet Water ; Mr. John Hat cher, at his mill on Joe’s creek, near Ogechee, The above ftote houses will be open as long as the law will admit, and immediately there after executions will ifluc against every de linquent. JOEL BARNETT, C. T. N. B, Those in arrears in their cafti tax for the above mentioned year, may expert; to be distressed immediately. An Ad v or impojing a Tax for the Tear one thoujand /even hundred and eighty-nine . BE it enabled by theßepre fentatives of the Free men of the State of Geor gia, in General Ajfembly met , and by the authority of the fame, That a Tax of ten (hillings for every hundred pounds value of all lands within this state, granted to, or surveyed for any per lon, as fuchjands (hall be est - mated at, (hall be levied on the fame in the following mode, viz. All tide swamps (including islands) cultivated or uncultivat ed, of the firft quality at ninety feven (hillings per acre y of the second quality at sixty (hillings per acic y and of the third quali-