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VOL. I.
THK CAIiLVb/V
Is published every Saturday , by P. 1>
ROBIYSOJ\\ Warrenton , Geo. at
three dollars per annum , which maybe
discharged by two dollars and fifty
cents if paid within sixty days of the
time of subscribing.
CIIiGULJiU.
Washington City, January Qlh. lil29 t
Sir: — l have just 6een, in the Ger
gia Journal, the proclamation of His Ex
Cf’Uency John Forsyth declaring vacant
the seat in Congress to which I trad been
elected on the first MoiuJ ty in October
last, and issuing his writ of election to fill
that va:ancy. It is the first time that l
have ever been publicly charged with a
dereliction of duty It any therefore
well be supposed that I am not insensible
to such a charge, coming, as it does, from
the higest officer of my native State, and
ptoclaimed, by public order, to the
whole of its people. On no occasion,
hitherto, has it been necessary for me,
either in defence of my private or official
conduct, to address the public through the
press. Ido it now with hesitation and re
luctance. What I shall say will be only
in obedience to the .feelings of respect
which I entertain for my constituents.
They have, by the late election, given me
the most fl ittering evidence of their confi
donee 1 feel grateful to them for it; and
and hope to merit the continuance of their
good opinion, by acting on all occasions
fin such a manner as to deserve it*
If, after receiving so large a nujority
of the votes of the people, at their late
election for members of Congress, they
are to be subjected to the inconvenience of
making another election, I know not in
what manner I could offer thorn a satisfac
tory apology. I hope that, alter an ex
planation of mv conduct, they will he sa
tisfied that l have intended no disrespect
to the law3 of the State, or its officers,
and that, when they have considered that
part of the constitution ot the United
Spates, and of the laws of Georgia, which
relate to the elections of members of Con
gress, they will be convm ed that they
cannot be subjected to the trouble of
another election.
in die early part of the month of Au
gust whilst in Athens, attending the .meet
ing of the Board of Trustees of Franklin
College, I was attacked by a violent dis
ease. Myself and family continued sick
so long, that it was not until the month of
October that I was enabled to return t*>
Oglethorpe. From that time until the
close of the ession of the Superior Coun
of that county, my mind was completely
occupied by professional business, made
greatly more pressing by my long ab
sence from home. As soon as I was dis
charged from the duty of attending that
Court, I commenced my journey to Wash
ington City. It was necessary that I
should do so, in order to aviod exposure
to the cold weather in travelling. I left
Georgia before the result of the Congres
sional election was announced by the
Governor’s proclamation. I never saw
that proclamation until the 29th of No
vember. A written notification of my
acceptance would not have reached Mil
ledgville within forty days after that pro
clamation. But the truth 19, that the
provisions of that election law which the
Governor is now enforcing against me
have been universally considered as mere
formalities, and without any compulsory
obligation, that they have never been re
called to ray memory until a tew days ago.
when I understood that, in consequence
of my not complying with them, anew e
lection would be ordered*
As 9oon as I received this information
I notified the Governor of my acceptance
I did so from respect for the authority
by which the law was made, and not from
any belief that it was obligatory.
The Constitution of the United States
requires ‘that no person shall be a Repre
sentative who shall not have attained t
the age of twenty five years, ami been
seven years a citizen of the United States
and who shall not, when elected be an in
habitant of that State in which ho shall be
Warrenton, January 31, 1829.
c osen.’ l'he-,e quauticafi rns tarn .1 b *
v ined bv any’ *aw oi the States, Y T >t our
e’ection law requires that the Repr *sen
tat ve in Congress from Georgia shall
have been an inhabitant of the State for
the three years n xt preceding his elec
tion, have paid his taxes regularly for;
that time, and that he shall notify the
Governor of hi? acceptance. All ol these
requirements of the law are contrary to!
the provisions of ihe Constitution. J hevi
are, however, those, for the mmcompli i
ance with which the Governor ha* pro
claimed that lan not to consider myself
a member of Congress after the third of
Marclrnext. The pe pie elect their Rep
resentatives in Congress in pursuance; of
the Constitution of the United St it**?.
The Governor has no power of putting a
veto bpon the result of the people’s will
in the choice of their Representatives.
By the Constitution of the U it* and
States,‘each House shall be th judge
of the election returns, and qualifications
of its own members.’ Under tlit- provis
ion of the Constitution, it is understood
that the House of Representives has do
termined that it was not b und the
election law of Georgia, as to the qualifi
cation of its member from hat Stat-, and
in ore instance, if I mistake not, Gover-j
nor Forsyth was the member whose right
to a seat was the subject of its adjudica
tion Upon inquiry, I have also ascer
tained that other States have passed laws;
similar to that of Georgia, and that they
have been al s ° considered void. ;s . Ca
roMna passed a law many years ago, w h ch
like ours, is vet unrepealed, requiring the
Members of Congress from that Stat*- to
signify their acceptance to its Governor
within twenty days after their e-
Uotion That law is never obey
ed, and has never been enforced
Evorv in Congress to whom I
have submitted the question of the validity
of our election law, (and I have to many
of the most intelligent.) ag> evs dial its
provision? are at variance with the Consti
tution, aud of course void.
I understand that this has been the
opinion and practice of former Governors
of Geo r gio. The present Governor ha*,
however, determine I. that, so for as my
]er fj >n is concerned he has the power ol
executing its provision*.
The Governor’s proclamation states,
‘hat, whereas the act above referred to
declares th;t in case any person duly e
lected. bing in the s f ate, arid notified in
manner therein directed, shall not, with
in 20 davs. and, if nut of the state, within
forty days after such notification, signify
his acceptance, or depart this life, ‘he
Governor and Commander in Chief shall
order anew election to be held, in like
manner therein pointed out.’ But there
is another clause of the law, of which
the Governor takes no notice in his pro
clamation. which direct?, that, after he has
counted up the votes, and ascertained
who are elected, he shall issue his proc
lamation accordingly, and shall grant hi?
certificate, under the great seal of the
state, to each member elected: —His late
proclamation states that I wa? duly elec
ted; yet the Governor has given me no
certificate. It is true that there is a pro
viso to the law, requiring that previous
to the granting of such certificate, the
members elect shall produce satisfactory
proof to the Governor that they have paid
their taxes regularly for three years next
next preceding the election, <§*been an in
habitantof the state during'-the same time.
I think I have shown clearly that the pro
viso of the law is unconstitutional. If
therefore, the Governor was authorized
to require of me a notification ol my ac
ceptance, he could only do so after giving
me a certificate of rny election. If the
Governor had given that certificate, 1
-h ou Id have b’eo reminded of the require
ment* of the law, and satisfied all of them.
One who is a native of the state, and ne
ver had the residence of a citizen else
where; who ha * not only paid hi* taxes,
but all other debts, might very easily
forget to furnish proof of his being an in
habitant of the state* for three years, and
he payment of taxes for the same time,
especially when such proof was required
bj .iLw.bch \t?(l ohe nugatory.
If my seat i? vacated b i au-e I have
not given tin* Governor satisfactory proof
of my re?id nee in the state, and the p?iy
men ol taxes, he is justified by the law:
but if it is for the reason stated in the pro*
cl.imation, viz. my failure to accept, then
lie ia not; because lie has not given me a
certificate of mv having been elected,
which he was bound lo do, if the other
provisions of the law are void
But the most singular circumstance in
relation to the Governor’s proclamation is
his rigid adherence to the letter of the 0-
lectioii law, by which he vacates my seat
in Congress and his disregard of it when
it operates upon others.
By that, law, it is required that the
names of he several candidates be k* pt
on separate papers; tlv number and thp
tin es of the V't*'rs shall be sealed up, to
gt-ther wtth an accurate state of the poH j
under the hands of the presiding magi*-!
trains, and transmitted, by express, to his!
to his Excellency the Governor, &c.—•
Now, it is believed that this law was not.
compiled with at any election, in any :
county in the State, on the first Monday
in * October lr.t; & that consequently, the
election of every ; othei m- inber of Con
gress is void as well as mine by a strict
interpretation if that law. What makes
this circumstance still more singular is,
that, b the const tution, the State* are
obliged ‘o p.i sciibe the times, places, and
inam.pi ol t old ng elections tor Represen
tatives; *0 that that requ-site of the law,
which would deprive other members of
their seat*, i- imperativ upon the Gover
nor, whilst that which he makes to ope
rate alone upon myself has been consider
ed as unconstitutional.
I have thus, in as brief a manner as I
could, explained my views in relation to
the proclamation of the Governor, declar
ing my heat iu the next Congress vacated, 1
and calling upon the people to mak*an-i
other election. 1 regret that I have been
obligt dto say so much. I ana ce tain that,
the necessity of stying any thing would)
have been obviated at least so lar as
wrhinmy power, could I have ha 1 the
* lightest intimation of the intention of the
Governor to pursue the course which fie
has done. It In? not been mv design to!
say any thing of the conduct of his Excel
lency, except so far as was necessary to
explain my own He is a public officer,
anti answerable to the people for the man
ner in which he executes the law.
To my constituent?, I repeat that Ij
have not deliberately disobeyed the laws
of my State, whether constitutional or not.
And I believe that their i? not one among
them, who knows me who will not give
full credit to the assertion.
GEORGE R. GILMER.
CIRCULAR.
A printed circular signed George-
It. Gilmer is passing thro’ the State
on the subject of the Executive Pro
clamation ordering an election f*r a
member of Congress in October next.
W ith Mr. Gilmer's defence of his own
conduct the Executive of Georgia has
nothing to do, but Mr. G. has thought
proper to mix up w ith that defence a
crimination of the Chi*l Magistrate,
Even with this 1 would not trouble
myself but for the apprehension tha’
I should he considered, il silent, as
admitting the accuracy “I the state
ments in the circular. The first, alle
gation injurious to the* Executive is
that the provisions of the election law
enforced against Me. G. have been
so universally considered mere for
malities and without compulsory ob
ligation as to have escaped Mr, G*s
recollection. How tv, the opinion
expressed, that the provision enforced
is a mere formality without compulso
ry obligation, is entertained, I have
no mean*? of judging, it never was
jmit.c. The subjoined letter (marked
No. 1.) written to the Governor of
Georgia on toy election to Congress
in 1822 will show the opinion then en-
tertained on ibis point; it. has under
gone no change since. Mr. G. stares
that he has notified the Governor of
his acceptance; this is inaccurate,* a
paper is on file in the Executive l> *„
partment, dated December 31, 1823
which for mu II v notifies the Executive
of Mr. G*s intention to accept—doit 110
acceptance, has been received.
It is asserted that the requirements
of the election law of the State are
contrary to the constitution and that
the House ot Representatives h ;s de
termined that it was not hound by rho
(.election law ot Georgia as to the qual
ification of its members, and if Mr.
G. mistakes not Governor Forsyth
w ;S the memhoi* whose right to a seat
was the subject ol its adjudication.*
Mi. G. does mistake, both as to the
person whose right was divided upon,
and as to the decision made, as he
might have ascertained by ail exami
nation in the office of the Clerk of the
House of Representatives. My scat
in the House of Representatives was
uever question'd under the law of
Georgia, nor did 1 ever fail to comply
with all its requirements. Tho adju- ‘
dis ation made, so far as it is now re
collected, did not touch that part of
the law which is tin* subject of re
mark— it. wis made in relation to the
time allowed within which returns of
votes from the counties should be re
ceived. The House of Representa
tives received and counted returns
that were rejected by the Govern r
of Georgia in the case of Meade and
Spalding. Tho qualifications pre
scribed by the election law of Geor
gia of three ye ars residence and pay
ment of taxes are doubtless inconsis
tent with the constitution of the IJ,
States and would he disregarded ty
the House of R prcgenlativcs io case
of dispute; it dot s not f How that the
Governor of the State is to disregard
the law especially when his duty is
prescribed to be merely to withhold a
certificate of a given description until
proof is exhibited that those qualifica
tions arefpossessed by the p rson elect
ed. The path of duty seems to be to
obey the law, leaving the person e
lected to Ins remedy under the con
stitution—his application to the II mso
of Representatives, the judges of the
qualifications and returns of their own
members.
The nntifi ation to the Governor of
an acceptance is not a qualification of
a Representative—it is but the Legis
lative precaution for securing for the
State its representation in congress.
So far from considering it unconstitu
tional, I believe it to be hoth consfitu
ijonul and wise. An election by the
people does not make a Representa
tive,* the will of the person elected is
to be consulted; without he accepts ha
is not the Representative, and he has
it in his power to refuse or to take the
place bestowod up 01 him. The law
of this State requires that his will
shall be made known within-a limited
lime. Mr. G. states that, he under
stands that the opinion and practice
of former governors of Georgia
mini ides with the opinions of the per
sons consulted by him in Washington
who believe the provisions of the act
are at variance with the constitution
and of course void. What arc the *•
pinions of former governors I neither
know nor have I enquired—the re
ords of the D* partmciit shew that
including Mr. G. himself. Ihe members
elected have, except during one ad
ministration, rendered any decision
by former governors unnecessary.
General Clarke ißd receive, during
his administration, acceptances after
the time limited by the act had expir-
No. 35.