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cd [See No 2.] His practice, and his only,sustains Mr. Gil •tier** doctrine. Even the General required an actrp tan e before a certificate or confirms aion under ttio great sea! was given. Mr. Gilmer considers the pro’ la (nation (indefensible, if it is not found ed upon his failure to produce pronfj of his -residence for Cliree years in the giate and of the payment of his tax s, he believing himself entitled to a ccr-i tificato under the great Seal of tin State, before he was (idled upon to notify Ids acceptance. The IVocla mation is n*t so founded, as an in spoction of it might have convinces him. The construction put upon the act, an extract from which is publish ed herewith [No. 3.] is this. Aftn the expiration of 20 days from the e fiction, the Proclamation declaring the result must issue in five days—the persons elected, if in tho State, rausi accept in 20 clays—if out of the State in 40 clays after the Proclamation is -sues —The proofs of eligibility re quired can be produced at any time prior to the granting of the certili cate. If they do not accept, anew e le- tion is a matter of necessity ; th words of the act are peremptory, the governor shall order anew election to be held , &c. The correctness of this construction depends upon tho rela tion of the words *notified thereof in manner herein directed .* They are believed to relate to the Proclama tion declaring the-result, it being the oidy notice required to be given. This c onstruction lias been uniformly given to tho act. No other notice has b <-n ever given by tho Executive, or expected by the persons elected. Tho annexed letter [No. 4] of Mr. Gil-, iner’s on his first election as a meim bor of Congress shews that such was the view he then took of this part of-the art. The opinion now advanced by him i a novelty; it supposes rhe Legisla ture committed the absurdity of ex pecting a person to exhibit his proofs that he wia entitled to a com tiisslo n under the gr**at *al before any offi ial cjiW was >n de upon him for them, or ••dice given that they would be ne cessary, and the further absurdity of making a provision to defeat the pup. pse they wished to accomplish. If the notice contemplated is the certifi cate under seal and that is forbidden to be given, until proofs are exhibit ed by tle party, it is the party elect ed. and not the Stute, who will regu late the time of acceptance. When lie chooses to exhibit his proofs, and not before, can the governor give notice, according to Mr. G*s new version, and* then the 20 or 40 days are to be gin to run. The lettci (No. 5) of Col. Troup and Ur. Bibb written in 1806, shews tint the same opinion was entertain ed by these gentlemen on this point with that apparent in Mr. Gilmer’s letter of 18£0. The last allegation I think it neces sary to notice, is that the election law is rigidly adhered to when it vacates Mr. G‘s. seat in congress, and disre girded when it operates upon others. The proof of this is that the election law requires that the names or the several candidates be kept on separate papers; the number and names of the voters shall be sealed up, together with an accurate statement of the poll, under the hands of the presiding ma gistrates and transmitted by express to the governor. This law, Mr. G. says ‘it is believed, was not complied with in any county in the State and the election of the other members are also void according to a strict inter pretation of the law’—Better infor mation is in the possession oT the Ex ecutive on this point than he can pos sibly have, who firms a grave argn snent upon a loose •it is believed’ This information has been already informally given to the public— At the last election the name of tach dul&te was not returned on a separate piece of paper from any county; and some of the returns were transmitted, oot by express, but by mail—the re. turns by rtiad Were received ami counted, and the returns with the names of the candidates kept separate on the same sheets of paper were re ceived, in conformity to tluj practice which bus prevailed in the department since 1799—0f the correctness of this practice I had some doubt, but follow ed it from a belief that the law was substantially if not literally complied with. In ail things else the returns counted were in strict conformity to the -letter of the law of 1799—And this decision was beneficial to Mr. Gilmer as well as to the other persons who were highest on the poll. Be sieving as he professes to believe, that tins part of the law is constitutional and lias been violated in his favor by die Executive, he should not resist anew election, altho’ declared on an otliur ground applicable only to him self when the result may be to give •im according to bis own and to the Executive opinion a clear right in place of a disputable claim, to a seat in the next Congress. There are other things in the circu lar that 1 should he excused for re marking upon, hut to do so, would be inconsistent with my purpose, which is merely to place before the people the materials for forming a correct judgment of the conduct of the chief magistrate. Altho’ I have deemed if necessary to show what the former practice, has been, 4t must not be con sidered that any reliance 1 is placed up on them to justify my own course, lu all cases where the law of the State is explicit and clear I make no enquiries about tho opinions or practice of for mer administrations. In cases of doubt the usagos in times past are re sorted to, for the purpose us enlight ening my own judgmeut, and submit ted to, if reconcilable to the existing, law. In the case of Mr. Gilmer, i made no enquiry, as I had no doubt: the facts now presented from the hies of the Department arc tho fruit of re cent investigation. Having fully ex pressed my private opinions of the act of 1799 it is proper that .1 should state that in the execution of that act I do not consider the Executive response blc in any degree for the constitution ality, wisdom or convenience of any of.its provisions—for these the Gene ral Assembly of 1799 and their suc cessors who have left it in force are accountable—the Executive is respon siblr only , for the faithful eaeccution of the law as it is. The Executive Pro clamation is founded upon simple facts, admitted to have occurred and was under the law, as construed, the ine vitable consequence of those facts— It was not (issued under a conviction that arty disrepect to the laws or to the officers ol the State was intended —the omission was supposed to have been the result of accident or forget fulness which would bo satisfactorily explained prior to the distant day ‘purposely fixed upon for the new flec tion—Mr. G. it was believed would be the candidate, probably without any, certainly without formidable opposi tion. fie lias an undoubted right to rely upon his own construction of the State law—to question the validity of any or of all its provisions and to in- j sist upon taking his seat in Congress contrary to its provisions as under-I stood by the Executive. The ques tion presented is within the jurisdic tion of the House of Representatives and nothing which is provided by the statute or done by the Executive im paired, if Mr. G. is right, in the small est degree his claim. Whoever is e tected by the people will derive no be nefit trmn it, il the House of Represen tatives shall decide that the people by their Legislature (no act of Con gress being in existence) have not power to prescribe, that a Represe,,- tativo elected shall within a limited time notify his determination to exe cute the duties r< quired of him. or if l icy shall decide that the certificate ot the Governor under the great seal ot the State is within the statute, the notn e to be given to the person elect, on the receipt of which he is to signify his acceptance or refusal of the honor conferred upon him. JOHN FORSYTH. Milledgevillc , January 22d is 29. j ‘ Madrid. Angus!;! 1822. Hi- Excellency the Governor ot G.-org a. Sir—The law regulating ilr: election :of Members of Congress from the late of Georgia requires, after (lie vote-have been counted, a proclamation to be issu ed, calling upou the persons elected by ’the people, to signify within a limited time, their acceptance or refusal. My name has been placed upon the hst of the candidates for the next Congress | If the people of the State of Georgia should, by choosing iue, give me another ‘ proof of their confidence, it will sible for me, after the proclamation is is jsued, to answer it in the time specified. , 1 know of no better mode of complying I substantially with the law, than that of |addressing this letter to your Excellency, |to be delivered after the proclamation is ! issued, to give you the assurance that I ; accept with gratitude the trust conferred Jupon me, ami that 1 shall leave this place (before the fourth of March next, to re turn to the United Slates to peifortn its ! duties. If your Excellency should deem ! this not a sufficient compliance with the ! terms of the election law, l hove to re quest that this letter may be !. id before i the Legislature, under the hope that a ispecial act may be passed to give me fur ther tinie to answer the call made by the Executive Proclamation. If my memory does not deceive me, such an act was passed for that distinguished statesman land virtuous citizen, the late Abraham ! Baldwin. ! I am, with great respect, your obedient i humble servant, Jj*e. .(Signed) JOHN FORSYTH. Executive Department, Geo. ? Milledgeville, Wd Jan. 18-9. 5 I certify the above to be a true copy from the original letter on file in this De partment. ARTHUR SHAAFF, Sec. E.B. Executive Department, ) January 22, 1829. $ Sir—l have carefully examined t tie books and files of this Department, sin 06 the passage of the Act of Uth February, 1799, entitled ‘An Act to regulate the General Flections in this State, and to appoint the time of the meeting of the General Assembly,’ & find m no instance that a commission issued to a Representa tive from this State in the Congress of the United States, unless a nolilieatioo of the acceptance ot the appointment was re ceived by the Governor within the time prescribed in the act aforesaid, save in the years 1820 and 1822, and in these instances the omissions were ex plained before tiie commissions were or dered. With high consideration and regard, your obedient servtnt. EVERErr H PIERCE, Secretary. His Excellency .John Forstvii. Extract from the Election Law of 1799 •-See -Prince's Digest, p. 130. ‘That the n;nes of the several candi ‘ dates be kept on separate papers, and the j number and the names of the voters shall | be sealed up together with an accurate! state of the poll under the hands of the I presiding magistrates, and transmitted by i express to Ins excellency the governor, j within twenty days after -closing the poll ; at such election, who is empowered tot draw on the treasury for the payment of j !suoh express, not exceeding two dollars i { per day. That the governor or conv.nan tder in chief, for the ‘time being shall,; ! within live days after the expiration i- ilie ‘ ;said twenty days hereinbefore allowed for making returns, count up the votes • from the several counties, or such ofj ; them as may have made returns for each person, and immediately thereafter issue ! | his proclamation declaring the persons J having the highest number of voles ami qualified as aforesaid, to be duly elected .to represent this stab; in the hou-e of re presentatives of the Uni led Staes, and to ; grant a certificate thereof under the ijieat seal of the state to each ol them: Provided no certificate or commission shall <u or lor any such person so elected, until 1 satisfactory proof is produced that the tax ot such person has been regularly paid as above mentioned, and that he has actually hul the re-idence herein prescribed. 1 bat where any two or more persons have an equal and the highest number of voles, other than those duly elected in :thc general poll; then, and in that ca-e ; (lie governor shall issue his proclamation directing anew election. That in case aiiy pen-on duly elected, being in this state and notified thereof in manner herein dt ected shali not within 20 days, and if nut of this state within *lO days alter su< h notification, signify his acceptance or glialt depart ton life, the governor or commander in chief, shall order a uev. c iection to b held in like manner as here inbefore puninted out. That all writs of elections to till vacancies that may hap pen lor members of the general ass- rn Jy of this state, or hou.-e of representatives of the Uniied States shall he directed to the justices of the inferior coarts of die respective counties, who are hereby re quired to give public notice thereof, and cause the lame to be held in manner and fi rm as hereinbefore pointed out agreea bly to such writ.’ Lf.xinOton, November 11, 1820. His Excellency John Clark It appearing from your proclamation, that l have been elected a Representa tive of the State of Georgia in the House of Representatives of the Congress of the United States lor the next ensuin'” term, you are hereby notified of mv .-> ceptauce of said appointment. The ne cesbary certificate of my qualifications have been forwarded. Stepnen Upson, Esq. will apply at the Executive Oflice and receive my certili cate. Yours cYc, [Signed] GEORGE R. GILMER. Louisville, November 13, 1800. Sin:—Notified by your proclamation, that we are elected to represent this State in the -Congress of the United States, we now signify oar acceptance of the appointment. With sentiment* of respect, xxs are your obedient servants. (Signed) GEORGE M. TRODp WILLIAM W. BiRIL Bis Excellency Jared Irwin Gov r or of Georgia. Executive Department, January 22, 1823 ( I certify the above letters to be t;ue copies from the originals on file in ibis. Department. ASU ULRSHAAFF, Sec. K.D f Executive Department Ga, > Janary 23, 1829. £ Sir—Since mv letter of the 22d was prepared, I have found on the records ami files of the oflice, a correspondence between Governor Jackson and the At torney General, and one of the Solicitors in 1800 eral Jackson took the opinion of those officers before he commissioned 0)1 Tal iaferro, whose letter of acceptance of a seat in Congress, although dated within forty da<9 from the issuing .the of gover nor's proclamation, was received at the Executive Department a Tew days after they expired. With high consideration and regard, yours <£'e. L\ LRRI 1 H. PIERCE, Secretary His Lxceliency John I oi^vth, governor £c. Exkcvtive Department, Ga. ‘i Louisville , l)cc. Ukh 1800. J Sm—At the General Election held on t he 61.1i day of October last, Benja uiin J'alliaiVro was elected by & large majority one ol the <d this State in the Congress of the l nited States. I'he law under which the election w-is. in Id, de< lares—l hat no person shall be elected a Representative in Congress, wlm has not been an inha bitant of this State three years next proceeding his election, and paid his tax W'K’d.irly during that time, nor shall ho hold, tVc. ‘l’lie next succeeding clause, after directing tlie mode of keeping the names, \oles, cVr. directs the poll to be transmitted by express to the go vernor, within twenty clays after clos i g fbe same, and theti that the gover nor shall, within five, chcys after the expiration of the said twenty days, fount iij> the votes from the different (imnties w hi> h have made returns, for each person, and immediately after Lssue l*‘ s proclamation, declaring the pet sous having the; highest number of ‘files am! qualifird as aforesaid', to be ni.i\ elected to r present this State in the House of Representatives of the United States arid to grant a certifi cate thereof under the Great Seal of