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^HKUrtOiUilAN.
HVV AJSN .VII:
The rmraber at raeashy yeti** fevev in X. »
, Turk on ItM I6ib Iml irai MAlem—toil men
SATUIIIIAY MtlUNINU. lEfT. 3X. ItUt.
y* ■ — ■ ■■ — * ' ' ' * 11 “r" —* -
puemwtf lAvriaivs —* e mm" in our Subte-
death*.
It It Haled III lb# Ja-i net papers tfai one o(
<h* tl»*» llilpt captured hy the frigate loMfe.
nil, on h*r a*. foe ■djiidteettnai, wl< upset and
alt tnb.oril fie<i Self The number of tool* on
I wt mn i
**«- »n im»r*.liK* <l«.«.nrfJu ; lgr ... , w „ w u ,
Clayton, wldcli gives «o the clause of the Con- j luJ M iUrM
MlUrtl'in of tk* Slate oftBrorglo. yndeqft tilth
♦he Oueernor toted In dee faring Ih* office of
Secretary of Suibteesnl, sUirectly oomterj
fnnetriiCiaD Inlhtt of hit Etcdlcncy. The
Elitortnf lhe Journal, to whom ere ere indebted
fir tire Decition jp • |roufelienl, inform ih
under tlnienf M.rWhy lut, ihtt Ool. Hammond
hhl obtained » will of innridrmiu et Putnam So-
prru6 U mrt. which hM boon irrred on Whit-
i«her. The Judge WU to pronounce the decree
•fluidon F.ufa), Cyeetefcey.)
?■ ft,rnee« — A correspondent of the National
.(Advocate, under dele of the 17th August, writes
«■ folio** i-"Tt.e Spaniard* eppeer lo hare de
•cfaredopen hostilities against our country —
'The brig Abenni, or New-Orlesns, arrived three
«>*)•• ego from Puerto Cnbcllo, in belleat,
prier to the llcreulee Spaonh men of wer-ehe
So cuinlemncih-eild reporte that the Hercules
h"i •pored two o'her veeeefa; one from Phi-
loUiTtpliuy the nllielllwaBiklffiPi Sof*tilo
they cany the'! liuitlllty against the 4J. Ststet,
that the Spanish Irigute Lelitr, of 44 gun*, re
ceolly it thie port hid the Impudence' to de
Clare, thtl elie unbound on i cruiie for the U
8i.,tes Irigsle MiiceAmtsn, which reeeel ie tlfp
posed In be In tide viemily. Qoil gmiPslie msy
full in with belt, end |lie Don give himself nny
tire. Ile.wlll have hl^ d*y UghU knocked oul
before be ie aware of i(”
* FrtmPtnejnl -On lie I4 h July, the Por
tuguese Curies hid on n additional impott du
ty „f IJ prr cent ou Br| ilh wuoleni. The BH.
tish minister protested,yut the Cnrteedeclared
they were nut convinced by his reseonlng, si-
tlinugb they wished to (net* ell the dipiuiiiaiie
discussions wlrch had la)itn place.
The American brig Jane Maria, eapt. Green,
of New.York, with SOU halea leaf end roll tnhsc-
co, wee taken off laley on die 11th July, by the
British cruiicr Prince uf It sics, captain Oliver,
and carried into Greenock.
Mr. Duane appear* to haee deserted 'he
cause entirely of his friend /'rrs/rfetifY'iirbide,
He nol only decltrei it not to be hie in'enimn
to visit him, bill give* hen e pretty severe cut,
intheworde following".That would be in
deed a curious reveArrisii, which hating shaken
off the despotism of kings should cltim to lie
meritorious beesute Hist which wee shaken ufT
wts nol continued i A ih Mexico, the yoke id
Bpein hu been boken, only to fix upon the
neck* of iliie inilep,ntin,i prtpU s yoke, which
though fur the inumcnt it may be tntld, must i«
its verphicongmiliy with the Iswe of ostium in i
modern eoeiety, terminate in miseries or aim.
flicte, the ettent end effect* of Ctllildi Auot be
calrutated.",
JT...I.L. J* r.fli.ti’iiits ’Hit leerlfdt df therefore iriaea In eawc alreuaxtinev in-1 pies of our gcrernmenl never irl.ni'ed to
■tL* i.rmire far it. Urn ome month, exceed tier the third. Till* unfortunately is tli place it ID In* power-, fir |!» r< -.,p| r , f
- - - ZutalJZ „ vrvtrd of that preriaion end cert.inly, this country Sir to,. .,11 i,.h„„„|, P
*)'0*0 Mid.ftmher ..m rfgdO.OOO » M lf ^ in ,11 I,.
ntctetl toll, poidm rathe sem. secounl due. , , bitnftrrtlifleaf keeping in
inf the rAurindrr ofthe (Inancisl yecr, meking oar g r gt prinrifriett, we can *ufB-
aililfprencc In taynr ofthts yeat'srevenue, com- , rr j, e t| lhe of our law
pared with tint ofthe preceding peer of up-
wetd* of gSO.OOO. *
know tint ell men |,.ve power, sit,|
when inlereat or ptninn hai the t*r rl
denejr, they ere tuu apt •• to | ao | m - ^l
end torget rigid.* 1 “
To eicete an office, «n(Jec the mo>t
enmmnn ami familiar acceptation u fth»
leim, i« to annul il, lo pul an end in ii,_
maker*. Il it erry obvious llieUlie f'*"i
ere of the cumlitutiun intemlrtT lo con
trol in eome degree, Ibis eery extensive . . - -
Porttnni. fkpt- 8.—Capt. rrowell, e*f power, mil to keep srparsle anil distinct Now if leaving it fur an hour, end going to
the hng Sum. of Portland, was at M. || H ,|iH rrnre beiwren JWHnf B cncxnctt lhe outer dour of the Stain H luse, wjig
Thomason the |Oih Aug. In jet fund* tn end (Uiltiring a vntnnty, set they wuulil lhe itifenfion to rtlurn, dues nut bring *.
pay el ('abrnts. Pnrln Rico, fnrcxprncei m ,t hive given lhe iwo first instances of bunt either ul the ehuee ctmtrnnrocei
nhhr brig, *he hiring been taken by a •• death and reaignetinn” la examplei of,who ahall point out the exact time and
Spvnisli p.ivairer in April last, and car the lelni uf vacancy which the Governor!distance that will produce the effect wher*
rieil into Purtn Hicn—her cargo of maho- might fill. Some euth cades different from ] there ia an equal intention 'of returnin'*,
gstiy, and a pert of the nutwnrd cargo, these, but iriring from inevitable neersai- If this power is left to thcKaecuiive.it
SOP dnllsra of the, captain’a private money, ty, they fnreaaw might happen which | moy very much vary errprdtng to \h»’
and passe ngera* bnsgage, w.ia condemned would make th» third expression of "other feelings, judgment, and I may add, the
after a aucceatinn of aevere trial, j (he arise’* nrceanary to veat the power. If, mental ii fi mi'iea of the different incum-
biig was lube given up, lifter paying anmr
expence*. Thu priratcersinm were t
complete aet of pirstea and linked toge.
ther ii i'h lhe Judicial authority—nnd al
though the pmnl tvaa well sulMlantistrd
of lhe legality lif the cargo, yet they de-
Ctrl' drin the cnnilrmnotiiin til it, assigning
aa a renenn/that they could not 'find whn
il helmigrd in, (’sprain Crowell Imd been
ai,k«l Csbroia ; h id rrrnverrri ao au in
gel loSl. Thom s. Ills in'enijnn waa if
any nhjerljnn was m-de l« his lenving the,
port with the firig to abandon hey, and
would have done the same
thia were not the case, if the eiprresinna,
v dealh soil resignation” were not intend-
rtl tn shew the nature and kind of cause
which ought to produce a vsesnry, why
not ha*i' declared at mice that the Gofer,
nor ahmtld fill dllvneancfei* without spe
cifying sny event that should create a
vacancy, leaving il entirriv lo the Execu
tive to determine when one existed f If
the expression “ ot/tegirtie” is so general
nnd unlimited as to give lhe Rxecutite »
prrfrct discretion to i »y when • vtesney
thfrfe wm no u«»» for the m*r®wunis
•*■*••• *-»ftrcM*if»n». We muHVfM'^cve^hcn* thtr
LetteitgCoftHrmingtl^ sceount of thn del
trticiion ofthe Turkish AdmtrdV ship* »nd
(lie deKth ofthe Cnpt«in Piclu.have been re-
Ct’ivfd Duton. They »thl, tint c Apt tin Rich
cfllie Utter port was puing Scio ft)r9m>rni
»t the time, ami picked op the ftrat lieutenant
tn I one t«ilnr, who, with four others, were all
the Turkish er«w that escape. Although the
Intelligence of this disaster ’had ie«ched Bmyr-
«uulu tug the huUday week* e very thing passed
•ever quietly.
Spain. -The events ahich sre passing Irt thll
Coumry at present are of a nature in • great
'measure to absorb the interest which has been
taken in the fkte of the Rrreks, *od to render
all the information which oeu ho obtained of it
The editor of the Aurora denies »he charge
made by the Advocate that his iiiteMios in of
faring hi» establishment for tale, to Join Ilia
friend Yturbide, in Mexico. His reason for r •
tiring is given in s long addresa^tn which he
states, at an advanced period of life, but with s
ronatitutlon unimpaired by any excesses—with
a numerous family dependent on tdm alone, he
ttyi be ftmla from his books of account that
there is due him 72,000 dollars for vahie deli.
vered, bcaxlea nearly B<>00 duHare due to him
from the govrrnbient of tip* United States. Of
thia enormous sum, he cannot collect, owing to
vurmts catiara, general diatreaa nr partial Injus
tee, the means to support a moderate m^de of
living ami avoid debt Objects of a private na
ture, and which promise him atttter compefi-
it ion, induce him to decline the edhorddp of
the Aurora.
emild he have found tny security for the were controlling espsrasions, designed
btig. This brig was fhken by the same i«» limit the thiill,i»f»a gitsat were «liey de-
privateer th <t took the barque America, ‘ “ r '
whVh had «**%er«i trisU ) and her vnlua-
ble Cargo, of 6000 dollars, wa* sacrificed
In the hollow of a tree recently fried in
Halifax county, (Vt ) was found the folbwing
atrsngr aamcistiun t— four racoons, three firing
squirrels, four grry squirrels, one fox sqiirrrl,
a scorpion, hornet** nest, and a screech jrwl.—
To add tnth S agrrenhle company, on the fall.
Ing of the tree, it frll on the vwst of a hstnet,
cnmmonly failed yellow-jacket! After Hie as.
semhlagr had in a measure dispersed, thr hive
was broken tip, and five gallons Of boufty oh*
Uined from it.
to psk lor expence* | ,il in luq»ed (list our
goveritinekt will put n atop to these pirt
cits atid duniind immedl.te redreai.
IMpIrTAnT"DRri.«I()M !
T nm the Uun-giH J* ornul Bxtra, •>! Monday.
The Inllovog importaqfcjl risioti will
be read witlidtM n iiileresFSy -he people
«l thisfcUty. The (arand Jury id the
county when it was delivered, recommend
its pohllcatiip in lhe following language.
Extract- ‘ Wc the Giand, Jurv b*
Ih ving that fm opinion of the presiding
Judge of thif Court, on the subject of the
legality of /he late removol (A the Secre
signed to control f V^hy that the power
should not be exerc'iMrd capriciously, that
temporary di»es*e, for instance, of ao of
ficer, should not vacate his office, that
c isuul ubarnce should not produce lhat
• fTct.sml many other ciicumstancea r.ot
now neoe*9iry lobe mentioned, bul that
it shou'd be some cause like “ death or re-
aigiiaiinn.” that eviuo d pistolv « physical
or Irgal incapacity or an intention not to
discharge the duties of the office—in
stances of the fit At are settled and incura
ble insanity, and such a conviction of
crime a- is mentioned in the 20th section
ol the fir-.! article of (he constitution—of
'he last, promotion lo ->n incompatible of
fit e, or such a desertion of the office as
lainly implied (he want of what in late
. Via . • V / ... plainly implied lhe want ot what in late
'*'? S nl 18 '"’I™""™ he «'h 'IS calleil, anil is nnnlieil In simiUr caaes,
li-na at larje, ilu request lhat It be pub- ,h. ln«.
lihlicd, and/we cannot omit this opporiu
In lhe afTnlr ofthe Rtesm HnatT»hnenli, It ap-
pears that x ftnage' at Bt. J >lmt seix^d the con-
lu«rivaling. Struggling against internal f*»c- traband goods, and that he eubicq'i^dtlv seised
tint's, set ontml eiic< uru^cii by Hie liol) alii- ihr Steam Boat its, If without the eiiprahstisn
Due. Uf lies pole, xnih » sin* »i.sos —"-••k— | or the senior officers iif the CiistnRis at lhat
Willy prevent* tVnm iskinjt psit agsinst hi* peo-1 port> who llpon fwll infcrmaiion coiwWcrcd
file r th«' intlcipaliURB wliloh futee iheiriaclvca j p,,,,. Sherman emlrrly free from anyJuAuyi,,
upon- he lalndare of lhe moat fltooiny tleacrip. : ,y, # transirtion. The matter it ia aaiil n il) soon
Xli n. to Alt lhe Hate of public feeling in Spain
apprait to vs lo be ao like what existed In
Fiance in the esrly part of the revolution, that
We should out he much surprised if similar
•cones would tiillnw, and that the heed uf the
brsotie I Fenlmsnd should anaurr for his wa-
Vei'iiig anil cuwardl/ conduct, and liis aubser-
Vicnry lo the other legiiimslca ol' Buropu—
n iiigre the protmta and threats of thatr minis
ters at hit t'.mtrt. Tbo t-omlon New Times, a
Violent tninistrrlal paper, and from which we
tn>> expect of course the most favorable ac
counts of tho Itoyalist cause, state ilisl the Boy.
alisla I'oi m »I'lwerhil < hiin on the northern and
, easirrn fnmtiere stratching from Gerona on the
Ilediterraiieau coett through the populous pro
vinces ef Calelonie, A mgnn and Nv a re, si
far u I’ampcluna, e distance of 3U0 lo 3i0 miles,
flstending westward i and thence with littie in-
xas-iiplion, ilumigh tho northern part of Old
Cstu o, and aero*, the ceatra cf Leon to the
viciniiy ol g.imera, within a few leagueeof the
Portuguese frontier.
Nesret to the capita^on the north, from the
bordeisuf Arragnn along the rmniieiaof Old
aiuPRew Csuile, numerous parties attached to
’ (he Royal cause are in continual movement (
come of whom are in an advantageous position
fot firming a junction .with the remainder of
(be Guaidi, -who are in the vicinity of the Ks.
oui *1. On (he south and west, leaving out of
view tho proceedings in Andalnaia, the greatest
alarm prevails Ibr the protection of the capital
snsliq, -t.~»»kyiv.
X . ThOCatatnubcrs, who t-ok up their first po
rtion In tho Sierra Morons, have advanced to
(he mountains of Thtedis within 15 or 18
kagxseS of Madrid, and instead of being destroy
ed, aa they * reptcaenied to. have been,
beve quulmpled ilieir original' DnmSere. In
addition (is these, there ere numerous smaller
psrteee along the coast of Valencia and Murcia,
and thcacc to (bo interior in tho direction of
Hew Castile.
It Is computed tlist lhe various parties occtT
pyi’tg the* country w Una five day* march ol
Bladrid cannot be less th«n Sfij^o seventy thou-
«and men, ladepvndeot ol theNroope in and
pear the capital, who arc considered favorable
to the Royal cause.
We are nol however discouraged by this far.
•tillable array, no doubt eaiggcratcd to sun
(bo purposes at the Unlith mini tty. The at.
tempts to destroy the constitution and the go
venuMui have hitherto been repelled, awl we
hare ■ wrRgrt'Undvd h.pc lhat tvery athcrai-
tempt will meet the like fate. Lei fan ignfbrci
but once gpee*' on the e-ile ,f Hoy ally in Spain,
nud ibe pcople artB bc.wut*i) and powerful.
lilly ul exwessing oor a|qirubalimi nil lie
s'ep that I/*» been lakeuby the Court —
Klin fUlilic reninel, orcupyiitga very
iii'l nriaulfnlutiisn in lhe g'lVer.iinenl, de-
•igiutl-fa check the encruachmenls of
sillier of the other brunches, il is hie
buuiiileifduiy lo suffer nothing to pans that
important post,In vtolntiun of the law, or
the IrUMlitl ju*t principles of our repub
lic.xn itiatiiutiuna, and that when such an
event lakes place, the p»up)e have a right
lo ei^vclTinm the juilirimy • firm sod
independent resist.nice.”
be settled satisfactorily.
The report In circulation some time Uinee,
that Mr. Rralism, the singer, intendml (i vist
the United Stele* to the tune of 40,000 Odists
a-yesr, la contradicted,
Three hundred soil filly weaver* It la sd lire
out of employ In Philadelphia at the pt sent
time.
Admiral Sir Isaac O’fllii, who recently arriv
ed at New Yovk, from Europe, has vailed; again
from Builon, in tin ship Tritons f r Liverpool.
Richard tVIBIame, a ronviol In the NrwWk
state prison, was recently finind guilty ofidault
ing end slabbing one of rftjs keeper* wilt
knife, ami eenteooed to eetHry confinement for
lAree ysort.
The Governor of New Jersey he* certified a*
true a list of fi'fl/y./onr perm re-, “nominated as
candidates (hr representatives from New.Jcrsev,
In the eighteenth Congress oftlie U. Slates."—
From this number, sir a, e to be elected!
Barton Harris, sen. of Unckville, nfTer* him.
self a candidate for the nett general assembly of
Maryland i “Ifyou choose (lays he) yon may
rot f for me—If yon don’t, yml may let it alone •
"sV. 8.1/Jbn ejected,/’ll eeisd my aen ”.
A method of working pomps on board of rev
eel*, hy the capatan, hu been inmetnt by Ifei
iy.l v—»*,.«, at Urn. It,siredAsntws* ! Yhi
Washington, -j-he maobiaery ie simple It cb
and uvea much manual labor.
.5 If at \
A tcmcI tiUp xt Sfllcm.
Vlrglnix, wiih x cxrgn «f Com* ’2 .
In every pxfl of Virginia compWnt»uoMliiwe
W* made of ont of water—xml the ectinn of
the aun upon mm) in thoee itreama which
have dried up« haa been prodwcuv* of numer-
oua oaaea ef sickness.
At the annual coumicncetneift of Talr Col
lege, at New-Haven,ncveMy-siVen young gen
tlemen were edmittedto the degree of AH.
and seventeen to that of A N. The degree of
Doctor of Uwi was conferred upon the
John Calhoun, secretary of war, »nd on, lhe
Hoo. Stephen Van lienaseUer, of Albany. 1
The expenditureaot-ibe c**y of Bneton f«t he
cur:ent yea*, are entimated at fi249,17u lilIts
resources other than a tax, 109,170 15.^’a*
140,600—exclusive of the large po tioo oft»«
stale tax.
Heir}’ Baldwin, of Pittsburg, has rcsignc4aU
•cat in Ibc prcxcnl Cvngrcxa*
)
An "opinion" drliverod hy'Judge filar ton, at
Jacks'in Superiu. Cuurt, on Tuesday the Will
insi. in scase reserved I'rum Habersham.
The Stale 7 llsbetahamStvperiuv Court
JamrtV s«cls,ien.j 801. Fa
Thia is nil action tn avuul n grant under
the l.anii Lniieiy nciol 1818, rounded a*
It is alleslg'd mi a )' niluleiil drew, and
tnsUppDit which,Ihefi at pn re of evidence
O', ri d, ia n grunl In J niea, Vessels eeil’r.
Idrl.nl N . 1,29. in ill.- 21 district of 111-
herslmm ceumv, du ed 231 id Auguel,
1822, end Uegi-lerril liy Mmon Wliilakrr,
>ecret*ty.—It i* nlij.lled to thia giunt’s
going in vtidrni'u to the July, on the
ground, Ilisl il necessary tn have lhe Se
ciliary nISlatu’e name Signed on Ihr grant;
it wax tint mi signed by lhe proper Secre
taiynl Slate, that according to the Gu
veriim’s Aider, appohiling lhe aaiil Simui.
(\ hitsker, ne Secretary, ii nppeara there
was no vacancy uf that office, and that the
'rue slid proper Sicntlary of Slate is
Abner llununoi d,
Lnuil* an ol ten placed in a d little
situati ii by (lie luuln ns ufCnunael, av lit*
nu duubi are impelled lo these siep* bv
an imperiovt regard tur the inlereat nl
llis-ir clienm This i- une uf Ibime cases
lliiat i* M iivibly lelt Irum the circumMunce
that it is tint confined to the pmies liil-
gnni, Iml occupies in a very eensiiive
manner lhe public mind, I am culled
upon however, tu muku a d ci-ion: tu
evade il would he juditiul weakness, tu
meet il tiufficial duly. Which course tu
Uke certainly cnunoi long be a muter ul
heeitatiun, but I m 7 say without sH'rcila
linn id diffidence, that il in approached
with tli.il beciiming decurum, lor a l>ijti
drpxrlmetit nl Hi* government, which tu
surely due tu the question.
The subject ua presented by the tlucu
meiils, 10 my mind. Iiutuialty diviili'i il
Itii'illtu Ivn SrssvSss..
, 1st, What is such a vacancy nf uffit e
aa the Cutlttilutibu intrhtkd the Ex> cuiive
shfiult' HU I
And 21. How far an ufSc* may be di*
chatgrd bv deputy f
Go the 'first point, I will lay it down as
a principle, without an eleeplion, lhat in
all iiiatrunieiils whether public ur private,
whether conatiiutihns ur conlracia, the
Hue, plain and open inlentiun ol the
framers ul those instrument* ought tn be
aveertatned, and wlien aacerlained, might
Strictly to be pursued. I will lay down
another principle, that no words’ in any
matiuineot ought su lo be tortured as to
produce a meaning drff rent Irum their ub
•mu. import, ur uiignial design.
Wnii these confessedly, just and vafe
Coles, let u* dispassionately inveslinle
■ hi q'leilim, before us—The cleu.e of the
Cuiisttiuliun 'Under which the Executive
us.acirsi fam'tliefnlluwingword.;"When
any office shall heroine vacant bv dea h,
resigtiariim «r ulhentite, the Governor
-hall have the power tu fill such vicauay.”
9’h Sec. fat art.
fi is very clear that the alledged vacan
cy doe. inn come under either of the two
Aral causes which may produce oue, »«U
•V a
die animui nvtrtenii, lhe intent-on tort
turn.
Il snme tuch reasonable construction nr
the word •Mlherwise” does not prevail,
-.vital would Ire the aituitinri ol ult ojjic rs
win se vacancies lhe Executive lift a light
lu fill ? And what sovereign in the world
would have a greater power, in (hfs re
gaul, Ilian lhe Executive ? Tiieir tenure
of uffice wnu d entirely dfpend on hia
ronstrucliuii of a vacancy 1 amt if he can
determine one act to produce a vacancy,
lie cm with equal right determine any u-
ther act tu do the same thing. For in
stance, take the present executive order,
which is in the folltfwing word. 1 “ Abner
ll.utimond, E‘Q. Necretery of Slate, having
ntsmtrd iiiniw. it fur some time patt from
Itie seal ill government, without (h« per-
mltsion nr Knowledge of the 'Executive,
on o visit, as il ia underaldbtl to the mn
board, and thence In 8t. Augwtini, which
makes it very uncertain when he will re
turn, flu.” Now apply it lo similar cir
cumatancee in and about the (own of
Millcdgeville and it will be readily teen
that no vecation of office would result, lo
wit, ‘r^kliner Hammond R-q. Secretary
uf Slate, having often ted himself this
molding |fnr time nor distance cennot al
ler principle) from lhe eeil of government
without the permia-iiin or khnwledge nf
lhe executive, on a vitifayl isDnderatnud
hi Scotttiorottgh end theme to the Boat
yard (I illinium these because they are
well kunwn and contiguous to lhe aeal nf
government,) which makes it very uncer
tain when he will return dj-c.—oidered
Ihst his office be viceted, Su. Now does
nut plain, sober reason revolt it the idea
of a man’s losing, perhaps hia all, on ac-
count nf so iunucent an act, whether he
left any une in his office or not f The
must that could be made uf it would be a
neglect uf duly, for which he wea answer-
able In Ibc peuple through their Legisla
ture, and llw-re iv tu Immenselv wide dif
lemice between « Mgtnt of duty and a
vacatiorf nf office. II every aci ol the lor
mer produces the latter, nnd the Kxecu
live lias the broad diicrctinn, under the
term ” otherwise” au lo declare it, the
right uf appointment in the Brat instence
nl all officert might a* well be given to
the Executive,lor in two hour* alter the
L gi-A'Ure should make the appAinlmenli
some tuiure Executive disposed to be ar-
bjirary, could always find acti that, under
his unlimited power of construction would
^liiuuiit lu a vacation of ijffice. fnd funsg.
quentiy he could and would displace e
very 1 fficer o^nuxiuuk to him.
Hu thi- c.,se is sti'l more striking, if
yuu t >ke any two pieces in the town of
Millrdgeville which ia precisely the seme
in principle, end fit them tn the urder; for
t maintain na vacation of office result* so
long ss.he hat lhe intention to return to
that i-ffice, and dpea not betray t desertion
id itt and it matters not whether he goes
lathe see botid. or Mr. Jxrratl’s Tevern*
distance can not •• ( before observed)
slier the principle; it mattera hot whe'
(her il is tur^1 miulth or an hour; time
■luea nut vary the power. The longer the
lime of absence ihe greater the neglect of
duty, for which upon hie bond, or by im
peucoment he would be responsible. It ia
no arguimmt to toy, that no Goternor
would eeer abuse bis privilege in the
maoney suggested. The form and princi-
bents of the office, and is by no meins •
power to JIU but lo declare a vacancy,
which isi'leaily nut the intention ol lk«
Constitution.
That absence is nothing tnorB. ( tlign B
neglect uf duty, nil are well cutitriw^id,
who have duhe business at the differefit
offices of stale, from the Governor** down
and been delayed or disappointed in that
buxinrw 5 fur even under the vexation of
aurh their delay, they never dreamed thq
office to be vacated, and in giving vent to
Ihe homown »f perhaps a lost'provocation
they have never gone fu-lher thanrto eay
that suchoffirers were unfit lor their ela
tion. An officer might be absent every
other boor in ihe day, and produce quite
aa much inconvenience lo the public so it
he were absent a month at • time, and y.ct
in the first case no otiffi would nreteiM
that his office would be vacant. The evil
would be obliged lo be redressed fq the
same way that all other delinquencies uf
public luncliiintrirs are I'emsdied, by A
withdrawal nf confidence tt the proper
time, removal impeachment ind prosecu
tion of Ilieir pledget. Suppose Colonel
Hnmtmind h. d remained at liume and re
gularly attended hii office, from day tit
dsy, and uffituld transact business fot
some, whilefor others he would pertirt*.
citmsiy refuse tn do anv thing ? Would
that amount to a vaueiion of his office )
I will be readily anawered, certainly tint.
What is it J A gross neglect of duty.—
How ia it to be punished f The answer
haa already been given.
Again, if temporary absence amount*
to a vacation uf office, at what indivi
dual point of time tinea it take place } it
it at llie moment when the officer leaves
hia office, or afler he haa been gone fif
teen, twenty, or thirty day* f ll it be the
filler, ii is ■ very arbitrary rule lor ascer
taining a .vacancy, and if Ihe former, live*
act of vacation waa complete on th.e day
Cut. Hnmmontl left hia office and ought
tu have been filled, liecauie if ihe f*fek)iofl
to return ii nut to enter into the question,
no expedient! lhat the ofifttr may devise
which are not authorized by law, trio save
his office for him duringhie absence and if
the first act of leaving it amount* tu a va
cation of il, hia return can nev. r *fue
restore it to him—Under this rule how
many officers about the State House have
become vacant, ii a matter of curiuui spe
culation.
In the distribution of powcri among the
aeveral departments of government, qy
Ihe Consliiu'ion, it iurely never wot Ihe
intentioe of its framers to giva the Exe
cutive more power oaer officer* then the
Legislature, and tnauthurise the former to
displace an officer fur a cause wnich'the
Legislature could nol do. Will sny one
believe^ l.put it to t^g candour of every
sober judgment that the Legislature would
impeach, remove, or even mm elect tn offi.
cer who had been guilty uf Mouther offence
than merely tu gu on “ 1 visit lo thu see
board,” although ik should b* uncertain
when he should return, and had left no
one in do hia bufffiesa, provided he had
an intention to refurn, anti liis reason foe
Ina absence should be auch at tn aatiify
any reasonable maid—Can any reflecting
mind believe lhat under 1 government
like ours, au moderate, srv tempornte.'so
jealous of arbitrary power, to mindful of
(he rights of itt citizens, ao gXferoui ia
ill principle!, and >0 equal in its privi
leges, that such a cause as ii here alledg
ed, was intended 10 work a forfettnre bf
office and expel the incumbent from hits
■It is remarkable that by tho 21 it sectional
the constitution of 1777, when there wee su.
Executive Council to sidTha Governor, this
power of filling vacs
ce> wts given. When by the conttiiudon _
1784 the Executive Council wee abolished, the
power ares taken fftm ihe Governor altogether,
end restored ia it* present Mup* hy tun fast
coutitiliMV
post without notice, end without what ft
allowed tn the medheat criniin.il a hearing?
In the powers given to Ihe Legislator*
t0 uver offences, su watdtlul ia Ihe Constitu
tion ol their rights, that it will not Iruat
their impoachment or removal even to, %
majority of that considerable body, bul in
order lo guard against prejudice,'revenge,
and many oilier baneful pn-aoins (hat t o
often muip the seat of reason and expose
the frailty of nur selfish nature, iwo third*
are indispensibly uteetsary to effect either
of those objects.
The Iota of k man’s office, ia often ttf-
flicted ai a punishment lor anme crime t
end il one thuuld be charged against an
dffirer affecting his office, he would b«
notified ol il, heard, and his motitrr* of
conduct would be duly appreciated. This
i* the case in all offencea; Ihe quo aninqb,
the intent ii thorougUy examined. Now
will any one preteol* to sny, lhat in aa
act, less than a crime, supposed al the
lime to be perfectly innocent, and which
ia to produce so serious an injury at lbs
loss of office, Ibst the intention of the of
ficer should nut be takcu mtu view? Amt
does «ny one bflievejhst it waa theiulefa
uf Col Hammond to vacate hit office whea
he left it ? What kind of reasoning it
lhat, lhat will suffer a guiltless ioleniioa
(•excuse a man Irum crime, lhat will out
save him fruoa an harmlem aet ? .
There is one mure
w.<«he very wenoerthepAcrotfidmgv.a^j he ; ii ".' n j'-, ^,71 l ^'ncIuj"''-1,?'mV-rf!'
Mi” of th« officer InwM under M th*
jicrmisfion or knowled*e*Qf the ISxecu-*
me” t« is plainly and evidemlv itnpiitJ
iu lb* wider, 1 aw clear (a uj, i( «rq| q*