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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.