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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*