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SAVANNAH 2
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GEORGIAN
NEW SEME•—VuL. II
RA VAXAfASATURDAr MORJWTG, DECEAMRR 81,1888.
MO la
C-l'g
8 v A N N A H:
FRIll'Y "i"'N
, Ctntmt — In »l' e Home, am the u
%inet. Mr Colden, of New York, iiibmittod
• resolution c»H;np upon the President for
tnformition with re (peril to any hostile ex
pedition, prepared in the United States,
•perttt the territory of any power in amity
Witl! the United States, and whether any
rncaaurea have been tuken to bring to pn-
tishment those concerned in inch expe-^
dition. It will be perceived that this re
solution alludes to the far-famed Porto-lti-
co or ■* Mysterious” expedition, of which
,90 much has been said, Mr. Condict offer
ed a resolution for euKailing the current
expcnces of the House, and to provide for
ftirther checks on the disbursement of the
Contingent fund. -
M
The. first bill, aays tlic Intelligencer,
Wrhich has passed either House of Con
gress at thi^session, is an act of justice
too long withheld. We speak op the bill
Which has passed the House of Represen
tatives for indemnifying our citizens who,
When Michigan was held by the British
Muring the late war, advanced their all to
lanaom’he captives brought in by thclp-
aliana in the British service. It would be
ft reproach to the nation, had the delay
been deliberate and intentional, that in
demnity for an expenditure of this sort
•houid have been so lung delayed.
It appears that the Bangor Bank have
tines July last, reduced their circula
tion from 130,000 to 73,000 dollars, and
have resumed specie payments. It is
also itated, that they have in the City
Bhnk of Boston a clear deposit ot' 40,000
dollars, and can pursue their business for
the future with entire security to the pub
lic.
Capt. Seaward, of the schr. Frances,
from Curacoa, arrived at Norfolk, states,
that the markets were very dull indeed
for all kinds of American produce, the
Warehouses and stores were literally til-
Jftd, and no demand for it,
Cauan.—There was received and ship,
fled at the warehouse in Hamburg, (S. * 1}
between the periods of tbe 1st Marcli and
Soth Nov.—received, 24,000 bales j ship,
jped, 22,500—the number of 25U0 remain-
_____
Urori'/.—Advices received at l'hiladel-
Jlhia from Pernambuco, to the 12th Oct,
continue to represent' the Brazils ns in a
very unsettled state. The new Emperor
*• Don Pedro,” after his coronation had
ordered that those who did not take the
catb of allegiance in 60 day s, were to leave
Use country. A fleet was daily expected
ct Pernambuco from Portugal with troops
for Bahia, the government of which was
snaking preparations for an obstinate re
sistance. The members wore a badge on
their arm, with the motto" Independence
or Death.” Their object is to hold out in
favor of the crown of Portugal in opposi
tion to the views of the upstart Emperor,
Who had a blockading squadron off Bahia,
for the purpose of interrupting supplies.
\/hftt the Treasury Deportment
{su' 1 the Washington City Gazette,)
has performed under Mr. Cjawlnrtl’s
adlui nisi ration. is shewn in the Mcs-
tageof the President.' On the 4th
of March, 1817, there wero accounts
Unsettled tn the tunuunt £103,000-
000 j of which, on the 30th of last
■September, there had beecn adjusted
tipwaids til 33,000,000 dollars; hav.s
ing oh that dav an unsettled balance
ol less than £10,000,000. This in
dustry, it must he admitted, is truly
commendable ; and is, we will ven
ture tb say, superior to any account
ing labSr that took place under Mr.
Hamilton or Mr Galatin,
Tjw facts in the President's Mes
sage fie of a must Ovcrtv helloing
ensure fur those who hare so un
justly raised an outcry against Mr
Crawford, as being an enemy to Mr.
Monroe's administration, From the
lgrge arrears of an expensive war, he
has brought the Treasury out fully
supplied, alter discharging the pecu
Diary obligations of Government. Mr.
Monroe must be satisfied ot the great
Value of such an officer in his cabinet.
It he were not, he would be insensi
ble to his own fame as Chief Magis
trate. There will Ue nearly three
million of dollars, clear ot tncutn
fir,nets trout tbe demands of tbe pre
gent year, in tbe Treasury on the 1st
of January nsxt. New Year’s Dry
vtli be a pleaaant one for the Exclie-
/qun ; aud even (he prodigals, who,
had they been left to their own course,
would have made the Government
bankrupt, smile, rub their hands,
twinkle their eyes at the view ot the
,mount ol retidy money,and protest
that Mr. Crswlord ii • Vtry Sgreea
bin $iaittin»n.
PRIVATE UOltltl 8PONDBNUK.
Mnlt-dfcvile, Dec- 14.
Bias Sis,
I herewith transmit yon the Report of
the Specitl Committee, to whom was re
rerred so much of ths Governor’s Commu
nication as relates ro Cot. Hammond. The
evidence upon which the Report is bssed
is now in press, and perbsps will be out on
Wednesday next. No time shall he delay
ed in obtaining a pamphlet and forwarding
n to you. It is expected the Legislature
will adjourn on Saturday next.
REPORT, 8tc.
Thb Committee to whom were re
fered to so much of the Governor’s
Message related to Abner Hammond,
Secretary of State, and the documents
which ou the same subject accoinpan
ied it,
RKPIIRT RESPECTFULLY!
That in contflrinn v wnli the power
given to ihem- by the representatives
of the people, arid with a degree of
attention becoming a matter so highly
interesting tn the stale, involving a
constitutional question of the utinnsi
importance, they have from time to
lime taken testimony in support of,
and in opposition to, the following al
legation:, ot his Excellency. The first
five are considered by your committee
to have been intended by that high ol
finer, as exhibiting the causes of liis
appointment of Simon Whitaker to
the office of Secretary of State.
1st. "That about a month previous
to the 12th of August last, Col. Ham
mond absented himself from the seat
of government without the knowledge
of the Governor.
2d. “That he did not state to the
Governor the length of time he inten
ded to be absent
3d. "That he did not intimate to the
Governor the place whither he was
going 1 .
4th. "That a clerk, Contrary to the
express orders of the Governor, per
sisted in the discharge of the duties of
the office as deputy, acting solely un
der n letter of attorney from Cul.
Hammond,and signing his individual
name far that nr the Secretary,‘Thom
as H Crawford,fiir Abner Hammond,
Secretary of State.’
5th. "That the seal of the state had
been transferred to a mere bny, act
ing under no oath or legal responsi
bility.”
To make it appear to the General
Assembly that his Excellency, in ap
pointing Mr. Whitaker wai governed
by no motive unfriendly to tile welfare
of Col. H .mmond, it is further alle
ged in the message;
6th. "That the Executive mention
ed lo Mr..Whitaker, that it would be
gmtilying'to lee Executive that he
should resign the office in the event ol
the return of Cul. Hammond, und that
he should retain the clerks then in ut
ficc.”
As matter affecting Col. Hammond
alone, and not uffectiog the interest
ing inquiry with relation tn the legiti
macy of Whitaker’s appointment, the
committee have viewed the two ensu
ing charges. Upon these they propose
to make a future report.
7th. "That the conduct of Col.
Hammond was indecorous, rude, and
vulgar, on hia return at his first inter
view with the Executive, and with,
the parson appointed in hi-place.
8th. "That Col. Hammond has of
ten been unable, from various causes,
to sign his name, and frequently got
some one of the young men in the of
fice to do it for him.”
This charge is connected with a dec
laration of generul inattention to the
duties of his office.
To give a summary of the mass of
evidence before the committee, would
be tedious and unnecessary. Tliey
think it sufficient, as the entire evi
dence is reported to the house, to pi e
sent 6uch circumstances, together with
rental ks by the committee, as appear
most apposite tn the several allega
tions successively..
1st. That about & month previous
to the 12ib of August last, Colonel
Hammond absented himself, without
the knowledge of the Governor from
the seat of government.
It is certain that Col. Hammond
left the seat of government on the 11th
of July, on a visit to the sea board, for
the benefit of hia health. He had been
previously infirm a considerable length
of time, and believed tbjt bathing in
salt water would remove his rheuma
tism with which he'was then afflicted.
It 19 believed by your committee, teat
as much as the return to his post of a-
ny officer at a distance could be cer
tain, his w.ei. Mr. Cury had been in
formed by him, that he intended to
re'urn about the loth of August—
Mr Crawford expected his return by
the 1st of .September. Cob Hammond
did actually return on the 17th of Au
gust. It is certain that lie did not
communicate to the Governor his in
tention to go; but, from the evidence
of Mr Crawford, it is probable Col.
Hammond called at the executive of
fice to impart his design, it is not
certain that he went without the know
ledge ol the GovtrDor t Jt seems like
lv that hi« Excellency knew the Col.
intended tn go; and if the public exig
encies had demanded it, hr;might have
do layed the accrctery’s departure, un
der his F.xcellencv’s construction of
his powers, until the pressure of offi
cial business had measurably subsided.
We think it likely, herau«e Mr Craiv-
ford, Mr Askew, Mr Wood, Mr Cary,
and Mr Pierce, all depose that the in
tentiun of Col Hammnnil waa well
known some days before hisdeparture.
Mr ClnytoiYal-o gives his belief that
it was generally understood. Mr
Wood was then, as he yet is, a Secre.
tary of the Executive department. It
is in proof that the Governor "as with,
in his office' on the 10th of July, and
about that time attentive to his duties
That Aft did not Itnnw what every
state house officer and clerk, and his
own secretary, well knew, is not cred
ibie. Your committee are compelled
to believe his Excellency intended to
state that he had no official knowledge;
hut ifhe had private information, was
he nor, on his own principle of public
utility controlling the claims of per
snnal convenience, remiss in not sen
ding for Hammond and objecting tn
his departure? If this reinissnesj did
exist, it operated as a sanction of the
Secretary’s going away; as, in the
opinion of your committee, docs his
Excellency's subsequent virtual nffir.,
niaiion of Crawford's act before he
went to Athens.
2d und 3d. The second and third
alleg. tions are undoubtedly correct.
Supposing Col. Hammond to have
left Milledgevillc without the Exe
culive’s knowledge, an important
question inay here be considered.—
Did his departure, without that know
ledge, produce a vacancy "( bis of
fice? If the vacancy was thereby
causted, then nu one state-house of
ficer now legally exercises his luric
tions ; all having probably left Mil-
b dgeville without the Governor’s
knowledge, since their last election,
for a greater or less distance, or a
greater or less period of time. In
truth, it must be either lawful or un
lawful lor an officer to leave Millcdge-
ville. As the constitution and laws
arc silent, if it be lawful, the Govrr*
not ‘a pet mission is not necessary ; if
i( be unlawful, that permission.can
not legalize it. It is believed that
Cob Hammond violated no law by
his journey to the low country.—
Courtesy might have required a com
munication of liis intention fu the
Governor; but failing to be courteous
cannot divest a right. The right tn
locomotion is an universal nne; accep
tance of office docs not destroy it;
and being a constitutional officer, if
lie improperly used that right, to the
public detriment, Col. Hammond was
liable to impeachment.
The-Governor considers that Col.
Hammorid’shaving absented hjmself
withuut his knowledge, for an un
certain time, gave him, by a correct
interpretation of the word "other
wise, a right to declare and fill a va
cancy. We find this fruitful word in
the 9th section of the 2d article of our
state constitution. Your committcu
liave been taught by the sages who
lisve written on our forms of ^bvern-
mcnt, that it is important to every
free people, that the powers of their
servants should be subject to res
traints. They have learned that the
government of Georgia is one of limi
ted authority. Wherever a liberal
construction of language may lay the
basis of future tyranny, such a con
struction is anti-republican, contrary
tn the spirit of our institutions, and
to he decidedly ri jented. May not liis
Excellency's interpretation of the
word " otherwise,” eventually, if now
sanctioned, produce a tyranny f VVe
know no officer in the state who is
safe, il that interpretstion be legiti
mate. The language of the constitn
lion is—“ When any office shall be
come vacant by death, resignation, or
other wise, tho governor shall have
power to fill such vacancy’” It is
Iree from qualification — every officer
may lose Ins offico at the will and
pleasure of the chief magistrate. If
the term " otherwise” bo not, cmifin
ed in its signification to a vacancy
created by operation of law, or tn
some circumstance which, like “death
or resignation,” by the common cun
sent ot all men, occa-iona a vucanr.v —
as a total removal from, and ji ved
residence without the state—then is
the idea o, restraint upon Executive
authority an absurdity when applied
to our Executive. Then we inav
wonder at the folly of our ancestors
who, in ont c.ffialistical word, • other
wise,’ gave a power competent to de
molish that safeguard of our liberties,
which they intended to erect, when
they declared that the legislative,
executive and judicial authorities
should be distinct, and consequently
independent! Did they intend ou
protection P If they intended it they
could not have intended the word
'otherwise’ should have the signifies
tion his Excellency is compelled, in
•elf-defence, to give to it- Accord lo
it this •ignifiedion—the elective right
of the general Assembly is nugatory-
the ihadow of appointment is with
them thetub*Unce>ii with the Go-
vor— since, the day after their ad
journment, the officer whom they
have chosen may he removed, because
it hss pleased him, in bis discretion,
to declare a vacancy. The Judiciu
ry become powerless, for they also
may be displaced, if to the Gover
nor's comprehension, they have dot^e
what amounts to a vacancy—or-it
they be retsinfed and the executive
smile permit their cowntinuance, the
effect of their decree* may be suspend
dctl by a removal of the alterin' or
clerk. The language of the lection is
without limit. Your committee are
not »ware that they err in saying
that the power may extend to the re
moval of every officer known to the
constitution: they certainly do not
err wheti they affirm that there is no
officer deliving hia authority imme
diately from tin tegnUterp, who is
not subject to removal if his Excellen
ey’s interpretation be affirmed. Your
general officers of the militia hold
tlii-ir offices at the nod of the com
mander in chief,—For although in
the Instance ‘ of temporary absence
frnm their commands, the constitu
tion will not permit their commis
sion! to expire, (presenting heit-.your
committee conceive, the test by which
the question ol occasional absence
in a.iy other ofiicar may be tried,)
yet the mind of man being fertile
other causes of removal may be dis
covered tor the in. The state may he
brought into a contest with the feder
al government. Fprif the word 'oth
erwise,’ be equally liberally construed
where we find it It/ the 9'h scolian of
the 3d article of ffie U. Stales consti
lotion, the Governor may displace a
United States s/nator for. causes in
bis judgment /strong, probably in
that of flic Senate of the Union, trivi
al.
The word " Otherwise,” may afford
numberless .orfcasions for the exer
cise of passion! Confining it to the
esse now befoije us, we believe that if
the absence of a secretory of state
(wo hundred ,miles from Millcdge
ville, unil the uncertainty of his re.
turn, cause a forfeiture, a governor
may, at sonic subsequent period, d
clare, upon the force of the preoedetri
an absenca of five miles distance, and
a like uncertainty, to cause another.
If Ih t office:’s ulisence for five week-
produce it, will not the principle equal
i'y suppovj a vaouncy A lien liis absence
is that or one week nr a day ? Tut
principle in any of these instances, is
that the incumbent is nut ready to
answer, the demands of the people.
The preventives known to this com
mittec, against the gioss neglect of
that officer, are the dread of suit upon
liis bond, and the fear of impeachment,
conviction and disgrace by the legis
ture‘
But it il said that no system can be
perfect,and that some discretiffil must
be left to the Governor, that he inoy
prevent the suffering of injury by the
citizen. Much a discretion is said to
lie pecesiary in the case before us —
Your committee remind the house
(hat 'necessity’ is proverbially 'a ty
rant’s plea;’ and that those who do
wrong invariably add o-s themselves
to our passions. We should confide
in our Governor, we are lolcl, because
he must be presumed to be intelligent
and virtuou-? VVe reply, that it must
not be left tn a Governor’s conscience
tn say what shall be the terms of the
tenure of office; because the history
of civilized man has amply proved,
that among the rulers of states, some
are as illiberal and unjust, as others
are, benevolent and honest. VVliat
surety have the people that their first
magistrate would always be governed
by the. purest feeling? Are not the
most upright men subject to gusts ol
intemperate passion? It is idlo to say
that he would be curbed by public
opinion! Our annals designate a be
ing, now dejected and lallen—once
elevated to the second post in official
grade, adorning society by bis man
ners, embellishing literature by dm
attainments, enlivening the bur and
the senate by his wonderful intellect
—but who scjrned public opinion when
ambition plead, It is true that a Go
vernor nuy be impeached! Bat when
impeached, he may (when a less exal
ted officer would fail) succrasfully
combat the accusation by asserting
his innocent intentions, and appeal
ing to a weak sen-ibiiity. It is diffi
cult to penetrate the motives of vir
tuous men. How much mure so those
of a wily politician.
Your committee present a legal
construction, which they think irrefu
tably fixes impropriety on tho act now
under investigation. It is a settled
luletliat when the lawgiver, in tram-
ing a precept, on the same subject
that occupied the attention of a fur
■nrr, omits words of substance used
in the previous itatute, these cannot,
by mere intendment of law, be con
sidered as retained. The 3d sectiun
of an act pasted on the 23d day of
December, 1789, entitled ‘‘An act for
regulating the appointment of justices
of the peace in the several counties
in this stite. and for empowering the
Governor to fill up ill vacancies that
may happen in office during the recess
of the General Assembly,” decJsfes
"that it shall and may be lawful for
the Governor for tlii time hiring, when
an office may become vacant by desth,
resignation, removal from office by the
Governor, nr ovlterways, to appoint
some fit onri proper person to such of
fice.” The words, "i e moval from of
fice by the Governor," are omitted in
the 9th section of the second article
of the constitution, a section embrac
ing the same general subject. The
effect of omission it clear, if the prin
ciple we assume be correct. In win
firniMion, we say that although the
laws of England, adopted by us as
far os they are applicable to our poli
tico) institutions and social condition,
provide for aduni.einentx of children,
requiring by the law of hatch pot, that
if u child receive from hia parent a
gift id peiaotui effects, that gift shall
he returned into the distributive fund,
before lie shall tie entitled to an equal
share with others. Y, t this doctrine
not being contained in our statute ol
distribution of 1789, it was always
considered as repudiated by its, until,
the legislature of 1821 restored -its.
principle by eiprq-s law. Until the
words, “removal from office hy the
Governor” be incorporated expressly
in the constitution, we must consider
them as containing a power, unknown
to our free government. It ia absurd
to insist upon a distinction between
removal from office, and an appoint
ment to a vacancy, in such a case as
(liis of Abner Hammond. The ap
pointment effects the removal.
Proceeding to an investigation of the
executive orders referred to us of the
year 1798, Ike. your committee canton
admit that his Excellency has a pre
cedent in them. Were it admitted
that the administration of 1798 would
have made new appointments yet there
being nothing in the constitution, ex
pressly or impliedlv giving tbe author
ity such appointments would have
been illegal. No vacancy has even
been declared for disobedience to them
during tiiat administration, or since’
It is in evidence that officers have
repeatedly since left the scat of gov
ernment, without permission, and
probably during every administration.
Fbe orders hid be coin a obsolete ;
iiitl your committee believe that,
previous to their .publication in Octo
her last, they were known tn very few
individuals, and tu those only who had
been limgestin the public employment.
They are convinced that their exis
teocc was not known by the Execu
live on the day of Whitaker’s appoint,
ment.
But your committee deny that Gav,
Jackson would have declared the of
fice of Secretary of Stute vacated, if
nis orders had been disobeyed. Being
bound by tile 8th section of the Sil ur
tide of the constitution, to give to the
legislature "information Iroin time to
time,” and "to recommend such mea-
sures ns lie might deem necessary and
expedient,” he conceived it to be At's
duty, if the officers were guilty of long
neglect of theirs, In give information
ol it to those who had elected them,
and who alone possessed the power of
removal. The orders operated as a
healthful caution, anil were intended
to secure harmony and courtesy be
tween the Governor and the depart
ments. That this wos the meaning of
that administration, will b; inaniles-
ted b7 the following circumstances.
First—Upon William R.ibertsun’s
absenting himself from Louisville
withuut permission, the Uovernor did
not declare a vacancy after an absence
of Bix weeks; although extracts might
have been wanted from records of the
senate $ but. isidSed an order un the
lltli July, 1793, requiring Ins return.
His practice, then, was certainly dif
ferent from that of hia excellency,
Gov. Clark.
Secondly—After the adoption of
the constitution, certain officers of (lie
militia refused to obey it ; publicly af
firming that they would not be bound
by it. Ao act wus passed on the 16th
Feb. 1799, to compel all officers, civil
and military, to take and subscribe an
oath to support it. In the second sec
tion, (he Uovernor was authorised and
refKired lo fill up vacancies arising
from refusals or neglect to take the
oath within six months after the pass
age of (he act. Many officers of mi
litia, justices of the peace, and justi
ces ot the Inferior court, neglected to
comply in due time; but the Governor,
on the expiration of the six months,
did nut consider these offices vacated,
though tie had the sanction of a s«
lenm act of the legisla'ure. “Ester
taining some doubt as to the executive
power of fitting the vacancies” (which
the legislature hail conceived would be)
“occasioned by this neglect, the consti
tution having pointed out the method
by which those queers should be ap
pointed, and how they should be remov
ed,” he I'cferred the subject to the
General Assembly. Now (tie Govern
or must have known that the stale
house officers were liable to impeach
ment under the constitution ; and it
cannot lie imagined that, kuuiviog the
inode of removing tlinn, lie would
have usurped the legislative power.—
He would have referred to the legisla
ture their delinquencies in what he
bclicreU to It their duty »» bt
«><l to the legislature the conduct of
officer* who did not ctfmplj with the
I* sHviiiv* will. It is not material
t i.it tho nfliccrfl neglected,rather that!
f'dined, to take the until; the coneti-
titinu presented to his mityil an imur-
inmmtnble birrior. Yt»ur committee,
fnwo thin precedent, ahewing n con-
atructinn of our constitution by the
enlist iidmmhtration under it, anil
<•"' consistent with the liberty of tho
ciiifcen, would, becumr- .lrd tojioiit
the executive wdl. They consider
that even the legislature could not
have authorised the Governor by u
statute, l)owev<*‘r eiplanatory and sp-
letna, cla*tl will) all the forms of law,
iru! supported by the executive sanc-
•iun, tu cnitler the appointment uf
ftecittary of Slate upon Simon Whjt^-
hor. They proceed fnrfhrr, and uvt*r
tfut If the It'KiahiJure had been iii.tteA*
don on the I St h of Aug. fhev con Iff
not have legally diverted Himmunit
of his office, by the election of Whita
ker.
Thirdly—‘Voue committed next ref**’ t,o
the ea tt e of Joseph Hutchinson, a notary
Public of the county of Richmond, who
was, in the year 1798, suspended by the
Executive for supposed misbehaviour.
GoVxiJackson deduced.Ids pmyer to s ii.
penc!!tRittmftir.er, not troin the 9th section
of till 2d article of the constitution, hut
from the act of 1789, above referred lo,
which your committee believe to have
bten annulled bv that section.
pension was oitle>rd on two grounds : 1st
that no mode of tbiui was designated hy
the constitution for a notary I’ublio, this
officer not being known to the constitution.
The law of 1789 via a believed to be in
Krtce, as it waa improper tl ut there should
exist an officer not amenable to the people.
For the secretary of state, the administra
tion of 1798 8c 9 knew u mode of trial was
provided. 2d That i notary held his of
fice during gootibehjiviour, and not for a
limited period. The! secretary of State
was known to hold hih office for two years
or a limited period* and .to lie subject to
non-election by tlfe Legislature if he act
ed improperly Gavj Jack**ft did not un
dertake, however, to/sospend an officer so
humble as a notary public, for what h|? be
lieved to be a Hagrapt- offence against the
constitution of his country, until he hud
taken the opinions Of the Solicitors Gene
ral Van Allen und Caldwell. Upon these
he acted, See tho Executive messages of
1799.
4th. Tho fourth charge of his Bxccltency
is, “ That a Clerk, contrary to the express
orders of the Governor, persisted in the •
discharge of the duties of the office us
deputy, acting solely under a lettar of at- *
torney from Col. Hammond, and signing
hit individual ip»me for that of the secrets*
ry. <Thoma* H. • raw ford, for Abner Hum*
mond, Secretary of State/
It is in evidence, that Crawford was left
by Hammond in his office, acting under a
power of attorney, it is true that Craw
ford did sign r.s is stilted j*but, after tho
written order of his excellency, lie did not
persist in discharging any official a«t.
Your committee will not pursue the exam*
pie set them by the Governor, They will
not decide whether, under the power of
attorney, Crawford might legally act: it i»
a question, believed to be exclusively for
the judiciary to determine ; and having al
ready come to a conclusion, that there
was no vacancy in the office of Secretary
of State* they do not conceive i. proper
further to invade the province of a sepa
rate body of magistracy, Hut they -unre
servedly state, that they attach no censure
to Col. Hammond for hia deputation of
Crawford, During the years 1798 .99,
the greater part of which, John Milton*
Secretary of State, lived in llu kc county,
it his residence, Horatio-Marbury acted for
him, as his deputy, and signed liis name nv
full—.«• Horatio Marbury, Deputy Secreta
ry of Sta’e.” The county officer* commis
sions, und military commissions, were is
sued by him, with that style of office. Tnis
was under the administration ofGovftuck-
soi), who did not simply assent to such a
practice, but expressly sanctioned it by an
executive order of the 3d Nov. 1798, per
mitting the Secretary of Senate to leave
the seat of government, “he leaving some
person to officiate for him in certifying
any extracts that might he wanted.** Tho
mas Johnson acted under a power of at
torney from Horatio Marhury in 1802 or
3, when the lust wus Secretary of State,
and lay ill of o-wound in Augusta. Rcnja-
min Chcares also officiated for him at
Milledgc ville. The records of Hammond’s
office, the practice of all the cfficesfrom
the your 1798—that of the Executive of
fice itself-—shew that the performence of
duties occasionnally by assistants, in the
principal’s abscence, has been deemed ad*
mlssiblc Nay> it is proved, that on the
10th of July, John Burch, a Secretary of
his Excellency, signed ift his presence in
the Executive office, on three platts,
“ John Burch, for James Bozeman, comp
troller General,” and that again on the thir
teenth of August, the day of Whita
ker’s induction into office, Burch sign
ed, in like manner, for the same officer,
if James Bozeman at the time, wus Attend
ing to his duries as president of a bunk in
Miiledgeville, duties inconsistent with a
regular and steady attendance in h'rt office,
why wss not the arm of equal justice <44 'ho
same time elevated to deprive him of his
legislativt appointment t When Mr. Boze
man during the lust spring, went to Greene
county, his duties were performed, tviik
the Governor 1 * content, during a full week,
by a Mr. Morgan of Miiledgeville. 7/stook
no oath and gave no bond. The Governor
is said by Mr. Wood to have expressed a.
wish that Mr. Clayt^p would Jo hia own bu-
siues— but he pstitiftaJ Mr..Gary to act for
Mr. Clayton. Mr. Cary look no owih, and
ga*'e no bond.
Vour commltte sre informed byJfoe
evidence; that 'vhen Col. Hammond
left Miiledgeville, his oflicc was well
famished with blanksad every des
cription. This had been the practice
of his offiee, and this wag the practice
of the Uovernor Unfortunately the
number of btgqkg for granU of had
Fir Cmluwn hc ion r*s c *