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Vol. ll.] GEORGIA, LOUISVILLE:—PabIifhed every Tuelday, by AMBROSE DAY Sc (AMES HELY, at 3 dollars per ann. payable half yearly:—Where Kftays, Articles of Intelligence, Advertisements, Sec. Sec. arc thankfully received, and PRINTING in all its variety, is executed with neatnefs and dilpatch. MefTrs. Day Sc Hrly, IF an officer of the public bring found guilty of a breach of tmfl to the amount of 9 or 10,000 dollars and acknowledg ing that hr ventured to ufe the monev, and being turned out of office, will, openly and indecent ly, and in contempt of the legif- Jative authority of his country, call himfelf the corflitutional treaffircr of the ftatc of Georgia" —not regarding the leniency with which he h d been treated finre his difmiffal; it is high time fome of the evidence that the members of the legiflature, thought fufficient to break him, fhould be laid before their con diments—You will therefore puhlifh the documents herewith fent and numbered from 1 to 5 Had the g< ndeman but let his own deeds h«ve Aid into obfeu nty, thefe papers might have bin dormant —by his oath which is incorporated in and made the condition of his bond, it will be feen he was bound 4t to deliver up all that might he depnfiud in ins fojjejfion as Treajurer.” Surely after a ferious perufal of thele papers, no citizen of the United Mates, but muft applaud the legiflatuie in difsmifling rhe late treafurer from office ; and every citizen of this ftatc muft feel an honed indignation when the conduft of that body is at tempted to be fet at nought by the gentleman calling himfelf the conftitutional officer of the ftate. A. (No. 1.) Thf Cub committee appointed to count the yazoo depofit re ported that they had made fome progrefs therein, but they had thought proper to fubmit to the committee whether they ffiould proceed—Whereupon the quef tion was taken, and the fub com mittee was ordered to proceed. The treafurer then dated offici ally that he confidcrcd himfelf duly and conditutionally re tired, but that he had nof yet been qualified and given bond, that he was ready and willing to do both, that from the example °f his Excellency the Governor, he does not feel himfelf bound to proceed in the duties of his office until fo qualified that by the conditution and law of the land he does not confider the yazoo depofit, as any part <>f the hinds of the date, and that he ls n nt bound to account for it to the committee or to any odier h°' J v, unfit fpecially ordered by tp e legiflafure ; but rh it es foon 3 he fhall have been qualified an h given bond, which he claims a a conditutional privilege, and drafted, he dull bold him- THE LOUISVILLE GAZETTE; AND republican trumpet. T U E S D A Y, September 9, 1800 LIBERTY" IS OUR MOTTO HHP TRUTH OUR GUIDE. felf ready to proceed at the ffiort ed notice. A true copv taken from the minutes of the committee of finance. Signed , Edm. B Jenkins, Clerk . (Vo. 2 ) To CoL Hammond, chairman of the committee on finance , Sir, Vederday being a leifure mo ment for the members of the legiflature, I had invited a few friends to dine with me. after circulating the glafs for two or three hours very liberally, two of the gentlemen of the commit tee of which you are chairman, called upon me to go to my office, I was neither in a fituai ion to comply with their requeft, or to give that rational excufe for not doing it, which at another moment 1 fhould have done ; 1 trufl and hope however, that I treated them politely ; and as well as 1 recolleft 1 told them I fbnuld attend to your appoint ment, to meet at the treafurv, at candle lij ht this evening—l fhall attend accordingly, but I cannot poffibly enter upon any further duty until I am qua ified, the example of his Excellency the Governor upon his re-elec tion I humbly conceive will judify this opinion. lam pre pared to give bond and the ne ceftary or ufual fecurity, and to qualify as foon as the bond is ready—in the mean time my office (hall at all times be open for the reception of your mittee to proceed on your oid:- nary and ufual bufinefs. I have the honor to be vritH great refpeft and efteem for you and the gentlemen of the com mittee. Your mod obedient fervant, Signed, John Berrien, Treafurer eleß of the fate of Georgia. Louifville, Nov. 17, 1799. The committee on finance having received, and had under their confederation a letter of this date from the treafurer cleft, beg leave to report the fame to the legiflature for their confide ration. (No. 3.) The Jlatement of the Treafurer eleß, id. The treafurer dates, that he was on Saturday re-elefted to the office of the treafury. That immediately after this, feeling a doub: whether he was authorifad to proceed to the exeicife of the dune* of that office, without qualifying in the ufual form, he addreffed himfelf to the Gover nor-informed him of hisclcftion, and requeded that a bond might be prepared. That not receiving a fatisfac tnry anfwcr to this communica tion, he addrefted himfelf on Monday to the chairman of the committee on finance* and dated his doubt, ard hoped through the medium of to have obtained the fanftion of tivc dtcihon, as the guide and direftion of his ennduft This let ter was communicated to the legiflature, but as no in vefligaiion # on the fuhjeft ofqua lification had taken place before the legiflature and alfo upon the fecund ground which he will fiatc, he is induced to make this further communication. 2dly, Thcie is in the treafury office a large him of money Oiled the yi’zoo depofit—This money by 24th feftionof the fir ft article of the conflitution is declared to be no part of the funds of this flate, or be liable to appropria tion ay fuch; but until fuch monies be dr twn from the trea fury they fhall be co> fi ered al together at the rifque of the per rons who have depofued the fame The committee of finance under the prereeding feffion of the legiflatuie, refufed to count it. The treafurer was direfted by the Governor to ttan fer it from the books of the treafury, and not to include it in his ab flr.ift, and this in confcquencc of the before cited article of the conflitution. Under thefe cir cumftanccs and under the fa cred obligation of the oath which he has taken, the trealurer ref pedlfully foliots, that the coni mittee of finance will refer thefe two poi- ts to the confidcration of the legiftiturc, that he may obtain their decifinn thereon. He does not either on the firfl or fecond point, refule pofitively either to aft without qualifica tion, or to proceed to the exa mination of the yazoo depofit, but conceiving from his own re flcftions, and the example of the Governor in the firfl cafe, and the opinions advanced to the treafurer, by gentlemen, * Was not the refolution of Mon day doing auay the gentleman s no minal eleßion of Saturday jefficient mvefhgation—and if that was not enough, fur eh the re five of the houje of reprefintatives on the day following •• that the monies in the treafury of this fate, were in a dan gerous niuanon from the cond-iB of the treafurer ," and authorizing and requiring the committee on finance “ to demand and takemt* their p')fi fejjion the keys of the treafury* — precluded all invejligaticn oj quali fication, fNfo. 84. rompofinga part r,f the Icgifla ture m the fecond inftanre, that the propriety of his aftiog with out qualifying :*ml *he legality of counting as tie hirer, a dc pofit derlaied by the anflitu tion to be no part of the funds of the ftate may be qurfhoh* d. Upon thele principles, for his fecurity as an officer bound by * folcmn oath to abide by the law# and conftitution of his country, he once more refpeftfulJy Hates, hi? requeft that thefe two points may be r-fened to the derifion of the leg.H atu»e, by which he will not only be abfohuely go verned, but *• hich he is alfo earneftly folicbou? to obtain. 1 have the honor to be very refpc&fuUv, John Berrien, heafurer rlrft. Clerk of the Ho'/fe of R eprelenla* lives Office *gth Apnl , 1800. I do ceilify th t the fbr«going is a true copy from the 'Uigmal letter bled in this office. G, L I ami*k \n, for lltnes Hf»LT (Lcrk if. R, . T° The joint committee on fi nance having proceeded to count and examine the monies in the yazoo depofit. agreeably to Con curred refutation Report, that 1 hey have gone through that duty, ard find now in that depofit fou hundred and ninety thoufand five hundred and fifty (even dollars and 45- lootta, as will appear by the following Hatcmcnt— In warrants on the depofit 03,766 77 1-3 In Governor's, Prefident’s, Speakers & Prcfidents o£ Convention warrant* 38.57, ,8 3.4 In gold k filrer 7,208 67 In bank bill* 381,008 82 Dlls. 45 Whereby it appear* that there i? a deficiency of the original depofit of nine* thoufand four hundred and forty two dollars 55-iooths ; and the trca'urcf being called on to account for the lame, exhibited to the com mittee, a communication in wri tmg, accompanied by a paper, purposing to be a writing obli gatory in the nature of taretv tor that deficiency, which ftate rnent and pao*r writing, your * This deficiency was Tcreafed in 14 days from the nfiner oj the to alt but 10 000 d Us. fo the comptroller general reported— and not a cent is yet returned to th tuajury ,